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HomeWelfare and Institutions CodeDiv. 5Pt. 1Ch. 2Art. 5§ 5278 Mental Health Detention Immunity

§ 5278 Mental Health Detention Immunity

Welfare and Institutions Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 5278 Mental Health Detention Immunity

Key Takeaways

  • •If someone is authorized to detain a person for 72-hour treatment or certify them for intensive treatment, they can't be sued or arrested for doing their job correctly.
  • •This protection only applies if they follow the law while detaining or certifying someone.
  • •The law covers different types of treatment and evaluation situations.

Example

A doctor decides to keep a patient for 72 hours because they are a danger to themselves.

If the doctor follows the rules and the patient is safely detained, the doctor cannot be sued or arrested for this decision.

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

Official Source
View on CA.gov

§ 5278 Mental Health Detention Immunity

Individuals authorized under this part to detain a person for 72-hour treatment and evaluation pursuant to Article 1 (commencing with Section 5150) or Article 2 (commencing with Section 5200), or to certify a person for intensive treatment pursuant to Article 4 (commencing with Section 5250) or Article 4.5 (commencing with Section 5260) or Article 4.7 (commencing with Section 5270.10) or to file a petition for post-certification treatment for a person pursuant to Article 6 (commencing with Section 5300) shall not be held either criminally or civilly liable for exercising this authority in accordance with the law. (Amended by Stats. 1988, Ch. 1517, Sec. 12.)

Last verified: January 23, 2026

Key Terms

treatmentcrimehealthpeople whoevaluationprotectionpetitioncertification

Related Statutes

  • § 5151 72-Hour Psychiatric Hold
  • § 5173 Mental Health Provider Immunity
  • § 5270.50 Mental Health Release Immunity
  • § 5276 Patient Judicial Review Rights
  • § 300.2 Child Safety And Protection

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Welfare and Institutions Code. Section 5278.
View Official Source