Britney Spears BSPEARS010308_5150.jpg

According to TMZ, some members of Brit's family may by pushing to have her committed to a psychiatric facility, either voluntarily OR against her will. If Brit doesn't agree to go, her family would have to get an involuntary psychiatric hold called a "5150" in California.

So just what is a 5150? It's Section 5150 of California's Welfare and Institutions Code that allows for a qualified officer or clinician to involuntarily confine a person deemed to be a danger to herself or others.

A police officer or a county clinician can request the confinement for up to 72 hours. Before the expiration of that time period, a psychiatrist must assess the client to see if they meet the criteria for hospitalization. The criteria are:

  1. danger to self

  2. danger to others

  3. gravely disabled

  4. mental disorder


If the patient meets the criteria, she may be offered voluntary admission into a mental facility but if she doesn't want to go, then another hold (a 5250) must be written.

Anyone can initiate a 5150 (doesn't have to be a family member), but the person is required to give "sufficient detailed information to support the belief that the person ... is in fact a danger to others, to herself, or gravely disabled ... as a result of a mental disorder." It does NOT require the initiator to provide evidence of behavioral symptoms of a mental disorder.

While held under a 5150 order, patients have all rights accorded to a voluntarily admitted client:

  • humane care

  • religious freedom and practice

  • participate in publicly supported education

  • be free from abuse or neglect

  • refuse medications except in emergency situations where danger to life is present; or by court order where the patient is found to lack the capacity to give or refuse informed consent via either a Riese hearing or via conservatorship.

  • wear their own clothes

  • visitors

  • writing materials (including sending mail though they may be charged for postage)

  • safe storage and access to their personal property

  • have access to private phone conversations (though may be responsible for toll charges)

  • speak with a Patient's Rights Advocate

  • go outside for exercise and leisure (usually in a fenced area)

  • access their money in amounts for small purchases (vending machine, etc.)

  • be free from discrimination

  • refuse their picture taken for ID


Any person referred for further treatment after the initial 72 hour detention period, is NOT accepting treatment voluntarily, could be certified for intensive treatment OR appointed a guardian (usually a family member), or a conservator to take possession of the person's personal property and safeguard it on the premises occupied by the person.

So the question remains -- are any of Britney's family members working on filing a 5150? Is Sam involved? Is Britney aware of this possibility and trying to escape with the help of Adnan?