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HomeWelfare and Institutions CodeDiv. 5Pt. 1Ch. 2Art. 5§ 5276 Patient Judicial Review Rights

§ 5276 Patient Judicial Review Rights

Welfare and Institutions Code·California
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§ 5276 Patient Judicial Review Rights

Key Takeaways

  • •If someone is held for mental health treatment, they can ask a judge to review their case. They must tell the hospital staff in writing that they want this review.
  • •The person asking for release has the right to a lawyer. If they can't afford one, the court will provide one for free.
  • •The hospital must try to tell the person's family about the court review, unless the person says not to.
  • •The judge will either let the person go or have a hearing within two days. If the person isn't dangerous, doesn't need forced treatment, or the hospital isn't the right place, they must be released.

Example

Imagine your friend is held in a hospital because doctors think they might hurt themselves. Your friend doesn’t think they need to stay and wants to go home.

Your friend can write a note to the hospital saying they want a judge to review their case. The hospital can’t move them to another hospital until the judge decides. The judge will check if your friend is really a danger or needs to stay. If not, the judge will let them go.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 5276 Patient Judicial Review Rights

Judicial review shall be in the superior court for the county in which the facility providing intensive treatment is located or in the county in which the 72-hour evaluation was conducted if the patient or a person acting in his or her behalf informs the professional staff of the evaluation facility (in writing) that judicial review will be sought. No patient shall be transferred from the county providing evaluation services to a different county for intensive treatment if the staff of the evaluation facility has been informed in writing that a judicial review will be sought, until the completion of the judicial review. The person requesting to be released shall be informed of his or her right to counsel by the member of the treatment staff and by the court; and, if he or she so elects, the court shall immediately appoint the public defender or other attorney to assist him or her in preparation of a petition for the writ of habeas corpus and, if he or she so elects, to represent him or her in the proceedings. The person shall pay the costs of the legal service if he or she is able. Reasonable attempts shall be made by the mental health facility to notify family members or any other person designated by the patient, of the time and place of the judicial review, unless the patient requests that this information not be provided. The patient shall be advised by the facility that is treating the patient that he or she has the right to request that this information not be provided. The court shall either release the person or order an evidentiary hearing to be held within two judicial days after the petition is filed. If the court finds, (a) that the person requesting release is not, as a result of mental disorder or impairment by chronic alcoholism, a danger to others, or to himself or herself, or gravely disabled, (b) that he or she had not been advised of, or had accepted, voluntary treatment, or (c) that the facility providing intensive treatment is not equipped and staffed to provide treatment, or is not designated by the county to provide intensive treatment he or she shall be released immediately. (Amended by Stats. 1986, Ch. 872, Sec. 4.)

Last verified: January 23, 2026

Key Terms

treatmentfacilityevaluationhearinghealthdangerreleasepatient

Related Statutes

  • § 359 Minor Drug Detention Orders
  • § 5250 14-Day Mental Health Certification
  • § 5270.70 Extended Mental Health Treatment
  • § 708 Minor Drug Danger Evaluation
  • § 7329 Escaped Mental Patient Custody

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Welfare and Institutions Code. Section 5276.
View Official Source