OK, OK, I am hereby succumbing to multiple requests from Biker Law Blog readers to discuss the legal ramifications related to the multiple 72 hour psychiatric holds on Singer Britney Spears.

First off this is a Motorcycle Law Blog among other things. I do not normally write about this kind of stuff on the Biker Law Blog, but since I do have an “In the Wind” section where I discuss off topic subjects, and since my readers are requesting it, so be it.

It appears based upon what I have seen in the news that Britney Spears may have a psychiatric condition known as bi-polar disorder. This is a personality disorder that presents as a condition whereby the person with bi-polar disorder experiences mood swings from hyper-manic to depression over and over again, or in a cycle. I am not a doctor so here is a link where you can read about the condition, click here now.

If the news reports are accurate than Britney Spears may have bi-polar disorder or another psychiatric condition. This I know for sure based upon news reports; Britney Spears was placed on a California Welfare and Institutions Code § 5150, 72 hour hold on one occasion by the Los Angeles Police Department, and on another occasion at the behest of her psychiatrist. A “5150” hold basically means that a person or entity allowed by the County of Los Angeles to do so, has attested to the fact that there is probable cause that Britney Spears is or has become a threat to herself, to others, or she has lost the legal capacity to care for herself. This is serious business! If after such a hold, the facility where she has been taken determines that she is a threat to herself, to others, or does not have the legal capacity to care for herself, legal proceedings can be initiated to involuntarily commit her to a psychiatric or mental hospital against her will!

In many such cases, the facility will convince such an individual to voluntarily check themselves into a mental facility to get the help that they need, without having to jump through the legal hoops necessary to get an involuntary commitment to such a facility.

Here is the text of California Welfare and Institutions Code § 5150:

When any person, as a result of mental disorder, is a danger to others, or to himself or herself, or gravely disabled, a peace officer, member of the attending staff, as defined by regulation, of an evaluation facility designated by the county, designated members of a mobile crisis team provided by Section 5651.7, or other professional person designated by the county may, upon probable cause, take, or cause to be taken, the person into custody and place him or her in a facility designated by the county and approved by the
State Department of Mental Health as a facility for 72-hour treatment and evaluation.

Such facility shall require an application in writing stating the circumstances under which the person’s condition was called to the attention of the officer, member of the attending staff, or professional person, and stating that the officer, member of the attending staff, or professional person has probable cause to believe that the person is, as a result of mental disorder, a danger to others, or to himself or herself, or gravely disabled. If the probable cause is based on the statement of a person other than the officer, member of the attending staff, or professional person, such person shall be liable in a civil action for intentionally giving a statement which he or she knows to be false.

California Welfare and Institutions Code § 5150 actually should be read as §§5150-5157 to get a true understanding of how the law works.

I am discussing Britney Spears in this article, but this code can be applied to anybody. I will say this, from the news account that I heard in the first instance that Ms. Spears was “5150’d” when she refused to turn over her child after a supervised visitation; if it was anyone other than Ms. Spears, they probably would have been taken to jail rather than “5150’d!” I think she received preferential treatment because of her celebrity status. She got lucky.

I have no ill will towards Ms. Spears. I am not really into her type of music; I am more of a Rock & Roll biker type of guy if you know what I mean. Based upon the fact that she has been 5150’d twice, I assume that she probably needs some psychiatric help. I do not know her personally, but I do hope that for the sake of her and her children, that she gets the help that she needs and moves on with her life. It would be a shame to lose such a good looking gal at such a young age.

By Norman Gregory Fernandez, Esq., © 2008