We Advocate For You!

You may have heard of the Sacra-mento County Office of Patients’ Rights (SAC OPR) in some conver-sation or from a friend. You might have used our services to help with a hospitalization hearing or other issue. It is also possible that you’ve never heard of the SAC OPR. If that’s the case, or you are unclear about what we do and the services we offer, keep reading and it will become clear.

It is a part of Consumers Self-Help and is contracted with Sacramento and Yolo Counties to provide advo-cacy services to mental health clients. The advocates perform four primary services.

1. They represent patients’ “expressed” wishes at Certification Review Hearings for patients invol-untarily held at psychiatric hospitals.

2. They investigate com-plaints/concerns about inpatient and outpatient mental health treatment.

3. They monitor psychiatric and resi-dential facilities for state law compli-ance.

4. They provide trainings of Pa-tients’ Rights to staff and consum-ers of mental health services.

If you’re like most people, you’re probably wondering what, if anything, all that has to do with you. The an-swer is surprising simple. Everything! Advocates can teach staff how pa-tients have a right to be treated. They can observe and report to Community Care Licensing how well a board and care facility is being run. Helping peo-ple solve problems with providers by providing information and resources about their rights is another way advo-cates make sure that consumers are treated fairly.

The service that advocates spend the most time on takes place in psychiat-ric hospitals when patients are at their most vulnerable.

Advocates protect the rights of and represent the wishes of the patient who has been placed on a 5250 or a

5270 hold.

These are involuntary detainments that mental health patients can be placed on because the doctor feels that they could benefit from more inpatient treat-ment after a 5150 (72 hours) hold is up.

The 5250 is a 14 day hold. The 5270 is a 30 day hold. There are only three reasons that a person could be put on a 14 day hold (5250). The person has to be an active danger to others, dan-ger to themselves or gravely disabled due to a mental disorder. Grave dis-ability legally means not being able to care for one’s basic needs such as food, clothing or shelter.

A person might have access to these items but is unable to use them to take care of themselves. This condition is the only one that can be used for a 30 day hold (5270). Patients have a legal right to have a hearing within the first four days of either hold being written. The hearing officer determines if there is probable cause or good reason for the hold to continue. Your advocate’s roll in the hearing process:

Should you find yourself in a hospital, on a hold, you will receive a copy of the 5250 or the 5270 hold you have been placed on. Hospital staff may also tell you what day your hearing is scheduled for. Each hearing takes about 15 to 20 minutes. These are held in a conference or meeting room at the hospital

Your advocate will meet with you prior

to the hearing and discuss if you want

to stay for more treatment or attempt to

be discharged through the hearing

process. If you want to stay and con-

tinue to work with your doctor, you

need to do nothing else. You would

not be contesting the hold.

If you want to leave against the doc-

tor’s advice, you would contest the

hold and discuss with your advocate

why you feel you are ready to leave.

Commonly, the advocate will want to

know how you have been doing over

the past three days in the hospital.

Questions asked could include:

Have you want to or tried to hurt yourself or someone else? Have you been taking your pre-scribed medications? Have you been sleeping and eating? How has your hygiene been? Have you been attending groups on the unit?

In short, they will want to know what has changed for you since you first came to the hospital. All of this infor-mation along with the doctors, nurses, and social workers notes in your chart will help the hearing officer decided whether or not to release you from the hold. During the hearing, your advo-cate remains with you and shares the information you provided when he/she interviewed you.

If you are kept on the hold and remain at the hospital, your advocate can ar-range a writ hearing for you. This is the second hearing you are legally entitled to and is an appeal of the first hearing. The public defender then has about 2-3 business days to come and discuss your case with you. Shortly after that, the second hearing is held with a judge, the public defender and your-self. The advocates do not attend those hearings.

> Karen – likes cats and enjoys play-ing the violin

> George – likes birds and astronomy

> Marsha – a social worker with a great sense of humor

> Lisa – mother of two grown sons with Bi Polar Disorder

> Rae – a therapist in training who en-joys helping people

> Angelina – enjoys volunteering and science fiction

Feel free to call us if you need help with a problem you may have in the mental health system. 916-333-3800 in Sacramento County 877-965-6772 in Yolo County

Sacramento County Office of Patients’ Rights

www.consumersselfhelp.org

Meet Your Advocates:

Hospital Holds