A person may be held involuntarily for psychiatric observation and evaluation for up to 72 hours pursuant to section 5150 of the California Welfare and Institutions Code. In order to satisfy legal requirements, an application for a 72-hour hold must be completed and signed by a peace officer (or designated mental health professional) and must include a description of the behavior which is directly attributable to a mental illness, and which satisfies at least one of three criteria: dangerousness to self, dangerousness to others, or grave disability. The peace officer must provide detailed information regarding the factual circumstances and observations constituting probable cause for the peace officer to believe that the individual requires psychiatric evaluation.

When a person is taken into custody pursuant to section 5150, the person must be advised that he or she is being taken in for a mental health examination and that the person will be informed of his or her rights by the mental health staff. Upon admission mental health staff must fully advise, orally and in writing, the person detained of the reasons for the hold and its effects. This advisement must contain "a listing of the facts upon which the allegation of dangerousness or grave disability due to a mental disorder is based, including pertinent facts from the admission interview." If the advisement is not completed, that too must be noted, with reasons stated, and staff must make attempts to complete the advisement at the earliest possible time.

If, following a 72-hour hold, it is determined that the patient requires additional involuntary treatment, the treating physician may place the patient on a 14-day certification pursuant to section 5250 of the Welfare and Institutions Code. A certification notice must be completed at or before the expiration of the 72-hour hold. The patient's behavior must satisfy one of the three criteria mentioned above, and he or she must be unwilling to or incapable of accepting voluntary treatment.

The certification notice must be completely filled out, including descriptive language concerning the specific behavior which forms the facility's opinion that the person being certified satisfies the legal criteria. The form must be signed by the treating physician and countersigned by another treating physician or health care professional.

A person placed on a 14-day certification is automatically entitled to a certification review hearing, which is an informal legal hearing held at the facility where the person has been certified. The purpose of the hearing is to determine whether there is a sufficient legal reason to believe the person is a danger to others, a danger to him or herself, or gravely disabled.[1] This decision is made by a neutral person called a Hearing Officer.

At the certification review hearing, the person certified has the right to assistance by a Patients' Rights Advocate, the right to be present, and to present evidence on his or her own behalf. If at the conclusion of the hearing the Hearing Officer decides the person is not a danger to him or herself, a danger to others, or gravely disabled, the person certified may no longer be held involuntarily. That person may leave the facility or sign in voluntarily.

If the Hearing Officer decides that the person certified is a danger to him or herself, a danger to others, or gravely disabled, the person may continue to be held for up to fourteen days from the beginning of the hold. If the person certified disagrees with this decision and wishes to appeal it, he or she has a right to have another hearing in court. This is called a Writ of Habeas Corpus. The Patients' Rights Advocate can refer the person certified to the Public Defender who will represent the person certified in court.

An adult is considered "gravely disabled" if he or she is presently unable, as a result of a mental disorder or impairment by chronic alcoholism, to provide for his or her basic needs for food, clothing or shelter.^[2] A person is not "gravely disabled" if that person can survive safely with the help of responsible family, friends, or others who are willing and able to provide for the person's basic needs and can indicate this willingness in writing.

Generally, a person is considered a danger to self when he or she behaves in a manner or threatens to or otherwise indicates that he or she will behave in a manner that would result in his or her substantial injury or death. "Danger to self" means a present danger. Generally, a person is considered a danger to others when he or she behaves in a manner or threatens to or otherwise indicates that he or she will behave in a manner that would substantially injure or kill another individual. "Danger to others" means a present danger.

How do I apply for Social Security?

The first step in applying for Supplemental Security Income (SSI) and/or Social Security Disability (SSA) benefits is to contact your local Social Security office to arrange an interview (see below for list of phone numbers and addresses). Your initial interview will take place in your local office, or by telephone, if your disability prevents you from traveling. During the interview, a Social Security representative will help you fill out a detailed form on which you will provide information about your past and present medical and employment records. To make the interview as easy as possible, you should gather the names and addresses of your doctors and employers before your meeting. Once your application is completed, you should receive and approval or denial of your claim within 90 days.

If you are denied at this stage, you will need to fill out a Request for Reconsideration form. You have 60 days from the receipt of your initial denial letter to file a Request for Reconsideration.

Because most people are denied at the initial stage, it is important that you continue to follow through with your claim by filing a Request for Reconsideration form which can be obtained at your local Social Security office. If you would like to have a face-to-face meeting with a Social Security representative, check the box for formal or informal conference. If you want to have the conference in San Jose, you should make that request on your Reconsideration form. If you do not want to appear in person, check the "case review" box on the Reconsideration form.

After you file the Reconsideration form, your claim will be sent to an analyst in Oakland who has never seen your case before. The analyst will attempt to gather your most recent medical records. Since the analysts are often unsuccessful at collecting these records, you should ask your treating doctor to write a letter describing your disability and forward it to your analyst. You should also ask your doctor or case manager to send your recent treatment notes to the analyst. If you do not have a treating doctor, or need assistance gathering records, please contact the Mental Health Advocacy Project.

If you are denied at the Reconsideration stage, you need to file for a hearing before an Administrative Law Judge. This form is also available at your local Social Security office. Since most people receive benefits at the hearing stage, it is very important to continue your claim to this level. You have 60 days from the receipt of your denial of Reconsideration letter to file a request for a hearing before an Administrative Law Judge.

After you have sent your request for a hearing before an Administrative Law Judge, you will receive a letter confirming Social Security's receipt of your hearing request. It will take between three and nine months for your hearing to be scheduled. During that time, you should seek legal assistance from a private attorney or an advocate who specializes in Social Security law or from a non-profit agency. For possible representation or a list of referrals, please call the Mental Health Advocacy Project.

Click Here for Social Security Administation contact information

Where can I find a new place to live?

The Mental Health Advocacy Project does not provide housing placement or referral services. If you are looking for housing, try one or all of the following resources:

• Your mental health service team and case manager
• Project Match: (408) 287-7121 (shared housing)
• Alliance for Community Care: (408) 938-6775
• Housing Authority: (408) 275-8770 (list of subsidized housing)
• Realtors and apartment listing services (check the yellow pages)
• Classified ads in newspapers
• Friends who can recommend you to their landlords