California mental health law, by situation

Nobody reads the Welfare and Institutions Code for pleasure. People arrive at a statute the way they arrive at an emergency room: sideways, at a bad hour, with a specific question. This page is arranged that way. Find the moment you are in; the section number and the plain-English page are beside it.

Every page below quotes the statute it rests on, names the section, and was read against the current text on the date it shows.¹ Where a page says a rule is changing — the Medi-Cal retroactive window in 2027, the public-charge rule in September 2026 — the date is on the page.

During a crisis

• What a 5150 is, and what the officer must say. W&I §5150. What is a 5150 hold? →
• Getting help without police. Mobile crisis, 988, and the county line. Getting help in a crisis without calling the police →
• Calling 911 without losing your home. Civ. Code §1946.8; Gov. Code §53165.1. Can I be evicted for calling 911 during a crisis? →
• Getting the guns out of the house. Penal Code §§18150–18185. Can I ask a court to take a family member's guns? →
• Deciding in advance. Probate Code advance directives for psychiatric care. Psychiatric advance directives in California →
• The ER cannot turn you away. 42 U.S.C. §1395dd; HSC §§1317–1317.6. Can the ER turn me away in a psychiatric emergency? →
• The ER holding you while it phones for a bed. HSC §1799.111. Can the ER hold me while I wait for a psychiatric bed? →
• Forced outpatient treatment. W&I §§5345–5349. Can my family force outpatient treatment? Laura's Law →

In the hospital

• After the 72 hours. W&I §§5250–5257, 5260, 5275–5276 — certification, the review hearing and habeas corpus. The 72 hours are up. Can they keep me? →
• Medication against your will. W&I §5332 and the capacity hearing. Can they medicate me against my will? →
• What the unit must tell your family. W&I §§5328, 5328.1. The hospital won't tell me anything. Now what? →
• A minor on a hold. W&I §§5585.50, 5585.53; Ed. Code §48906. My child was put on a hold. What happens now? →
• Admitted by a parent, aged 14 to 17. W&I §6552. My parents put me in a psychiatric hospital. Do I get any say? →
• Conservatorship and CARE Court. W&I §§5350, 5970 ff. Someone you love won't get help →
• Filing for a conservatorship yourself. W&I §§5350, 5352, 5354, 5358; Prob. Code §1812. Can I petition for an LPS conservatorship? →
• ECT. W&I §§5325, 5326.2–5326.85. Can they give me ECT without my consent? →
• Restraint and seclusion. HSC §§1180.1–1180.5; W&I §§5325, 5325.1. Can a psychiatric unit restrain me or put me in seclusion? →
• The advocate on the unit. W&I §§5510, 5520, 5522, 5530. Who is the patients' rights advocate? →
• Your children while you are admitted. Fam. Code §§6550, 6552; Prob. Code §§2353, 2356. Who looks after my kids if I'm hospitalized? →
• Discharge to nowhere. HSC §§1262, 1262.4, 1262.5. Can the hospital discharge me to the street? →
• Voting from the unit or under a conservatorship. Elec. Code §§2208, 2209, 3000.5. Can I vote under a conservatorship? →
• A parent moved into locked dementia care. Prob. Code §§2352, 2352.5, 2356.5; HSC §1569.698. Can a conservator put my parent in locked dementia care? →
• Eviction from a board-and-care. 22 CCR §85068.5; HSC §1538. Can my board-and-care evict me? →

After the hospital: the records and the bills

• What a hold leaves on record. W&I §§5328, 8103(f); no DMV reporting. Does a 5150 go on my record? →
• A hold you believe was wrongful. W&I §§5150(e), 5150.05, 5278; Gov. Code §§856, 911.2. Can I sue over a wrongful 5150? →
• Guns after a hold. W&I §8103. Will going to therapy cost me my guns? →
• The hospital bill. HSC §§127400–127425 — financial assistance to 400 percent of poverty. Do I have to pay a hospital bill after a psychiatric hold? →
• The ambulance bill. HSC §§1371.56, 1797.233. What can an ambulance charge after a 5150? →
• The out-of-network psychiatrist's bill. HSC §1371.9; 45 CFR §§149.410, 149.420. The hospital was in network. The psychiatrist wasn't. →
• Medi-Cal for a bill from before you applied. 42 CFR §435.915; W&I §14019.4. Can Medi-Cal pay a bill from before I applied? →
• A bill from a Medi-Cal provider. W&I §14019.4; 22 CCR §51002; 42 CFR §447.15; HSC §1379. I have Medi-Cal. Can the therapist bill me? →
• A therapy bill you cannot pay. SB 1061 and the Rosenthal Act. What happens if I can't pay my therapy bill? →

Insurance

• Ten business days. HSC §1367.03; 28 CCR §1300.67.2.2. You have a legal right to a therapy appointment within 10 business days →
• Parity and residential care. HSC §§1374.72, 1374.721. Does my insurance have to cover residential treatment or IOP? →
• The free appeal. HSC §1374.30. The free appeal that overturns three out of four therapy denials →
• When the therapist leaves the network. HSC §1373.96. My therapist left my insurance network →
• Self-funded plans. ERISA and what remains. Your employer self-funds the plan →
• Medi-Cal, immigration, and the public-charge date. Can I get therapy through Medi-Cal if I'm undocumented? →
• A directory that lied. HSC §1367.27; Ins. Code §10133.15; 42 U.S.C. §300gg-115. The directory said in-network. It wasn't. →
• Coverage after losing a job. 29 U.S.C. §§1161–1165; HSC §§1366.21–1366.27, 1373.96. I lost my job. Can I keep my therapist? →
• Refused for a history. 42 U.S.C. §§300gg–300gg-6; HSC §§1399.849, 1399.855. Can insurance refuse me for a mental health history? →
• Life insurance and therapy. Ins. Code §§10144, 791.02–791.13. Will therapy affect my life insurance? →
• Autism treatment at any age. HSC §§1374.73, 1374.721; Ins. Code §10144.51. Does insurance cover ABA for adults? →
• Medi-Cal after a county move. W&I §10003; 22 CCR §§50136–50137; MHSUDS IN 18-059. I moved counties. Do I lose my Medi-Cal therapist? →
• A ride to the appointment. W&I §14132(ad); 22 CCR §51323. Will Medi-Cal pay for a ride to therapy? →
• Therapy on your taxes. 26 U.S.C. §213; R&T Code §17241. Can I deduct therapy on my taxes? →
• Student loans and a lasting disability. 20 U.S.C. §1087; 34 CFR §685.213. Can mental illness cancel my student loans? →

Work

• Leave. CFRA, FMLA, paid sick leave, SDI. Yes, you can take paid leave from work for your mental health → · CFRA or FMLA: which one covers you? → · Can I get paid during mental health leave? → · Can I be fired for taking mental health leave? → · What must a leave certification say? → · Can I take my leave intermittently? → · How long can mental health leave last? →
• Sick leave for a session. Labor Code §246.5. Can I use sick leave for a therapy appointment? →
• Accommodations without a diagnosis. Gov. Code §12940(m); 2 CCR §11069. You do not have to tell your employer your diagnosis →
• An ordered psychological exam. Gov. Code §12940(f); Civ. Code §56.10(c)(8). Can my employer make me see a psychologist? →
• Coming back. 2 CCR §11091. Returning to work after mental health leave →
• Time off after violence. Gov. Code §12945.8. Can I take time off after domestic violence? →
• Quitting, and unemployment. UI Code §1256; 22 CCR §1256-15. Can I get unemployment if I quit for my mental health? →
• Fired, and unemployment. UI Code §1256; 22 CCR §§1256-30 to 1256-40. Fired for my mental illness. Can I get unemployment? →
• The job application. Gov. Code §12940(e)–(f); 2 CCR §§11065–11071. Can a job application ask about my mental health? →
• The EAP and your employer. 28 CCR §1300.43.14; Civ. Code §§56.10(c)(8), 56.20. Will my employer know I used the EAP? →
• A professional licence. BPC §§480, 820–823. Can my licensing board act on mental illness? →
• The DMV. Veh. Code §§12806, 13800–13953; HSC §103900; 17 CCR §2806. Do I have to tell the DMV about my mental illness? →
• A work-caused injury. Labor Code §3208.3. A work-caused mental health claim in California →

Home

• Breaking a lease after abuse. Civ. Code §1946.7. Can I break my lease after domestic violence? →
• A changed rule, a moved due date, a live-in aide. Gov. Code §12927(c); 2 CCR §§12176, 12178. Can I ask my landlord for a mental health accommodation? →
• An assistance animal. HSC §122318. Can my therapist write me an emotional support animal letter? →

Money for the victim of a crime

• The state fund. Gov. Code §§13953–13957. Who pays for therapy after a crime in California? →
• The advocate's confidentiality. Evid. Code §§1035–1037. Is what I tell a rape crisis counselor confidential? →

Privacy

• What a therapist must report. Penal Code §§11166, 11165.7; W&I §15630. What does a therapist have to report? →
• The privilege and its exceptions. Evid. Code §1014; Civ. Code §43.92. Is therapy confidential? →
• A threat, and who gets told. Civ. Code §43.92; Evid. Code §1024; W&I §8100(b). Will my therapist warn someone if I threaten them? →
• Elder and dependent adult abuse. W&I §§15630, 15610.07–15610.57. Will my therapist report elder abuse? →
• Records in court. Can my therapy records be subpoenaed? → · Can my therapy be used against me in a custody case? → · What is a custody evaluation? → · Is court-ordered therapy confidential? →
• Addiction records. 42 CFR Part 2. Are addiction treatment records more private? →
• Your own records. HSC §§123110, 123115. How to get my therapy records →
• The therapist's own notes. 45 CFR §§164.501, 164.508, 164.524; HSC §123115(b). What are psychotherapy notes, and who can see them? →
• Recording a session. Penal Code §632. Can I record my therapy session? →
• The app in between. Civ. Code §§56.05, 56.06(d), 56.36. What happens to my data on therapy apps? →

School, teens and parents

• Consent at 12. HSC §124260; Fam. Code §6924. Can my teenager see a therapist without my consent? → · You can get a therapist without your parents →
• Living apart at 15. Fam. Code §6922; Minor Consent Medi-Cal. I'm 16 and on my own. Can I get therapy and Medi-Cal? →
• Leaving school for a confidential appointment. Ed. Code §46010.1. Can my teen leave school for a confidential appointment? →
• A mental health day. Ed. Code §48205(a)(1). Can my kid take a mental health day? →
• The school counselor. Ed. Code §49602. Can a school counselor tell my parents? →
• 504 plans and IEPs. When anxiety or depression is wrecking school →
• The school's file. Ed. Code §§49069.7, 49061, 56504. How do I get my child's school records and evaluations? →
• Medication as a condition of school. Ed. Code §56040.5; 20 U.S.C. §1412(a)(25); 34 CFR §300.174. Can the school require ADHD medication? →
• A teen who refuses medication. Fam. Code §6924(f); W&I §§5325, 5325.2, 5585.53. Can my parents make me take medication? →
• Recording the IEP meeting. Ed. Code §56341.1(g); Penal Code §632. Can I record my child's IEP meeting? →
• A suspension with an IEP. 34 CFR §§300.530, 300.536; Ed. Code §48915.5. My child with an IEP was suspended →
• Foster youth. What mental health services is a foster youth entitled to? → · Who decides whether a foster child takes psychiatric medication? →
• Regional centers. W&I §4512. Who qualifies for a California regional center? →
• A school's suicide prevention policy. Ed. Code §§215, 215.5, 49428. Does my child's school have a suicide prevention policy? →
• Custody and a child's therapy. Fam. Code §§3003, 3006, 3025, 3083, 6924. Can my ex block our child's therapy? →
• A diagnosis in a custody case. Fam. Code §§3011, 3020, 3040(d), 3190. Will my diagnosis cost me custody? →

Courts and the criminal system

• Diversion. Penal Code §1001.36. What is mental health diversion? → · Does completing diversion clear my record? →
• Jail, prison and Medi-Cal. You do not lose Medi-Cal in jail →
• Jury duty. Cal. Rules of Court, rule 2.1008. Can I be excused from jury duty for anxiety? →
• Incompetent to stand trial. Penal Code §§1367–1372, 1370.01. Found incompetent to stand trial. What happens now? →
• Psychiatric care in county jail. Penal Code §§2603, 4011.6, 4011.8; 15 CCR §§1207–1210. Can my relative get psychiatric care in county jail? →
• Military diversion. Penal Code §§1001.80, 1170.9. I'm a veteran facing charges. What is military diversion? →

The therapist

• Checking the licence. How do I verify a therapist's license? →
• Reporting one. BPC §§4982, 4990.32, 729. How do I report a therapist? →
• Conversion therapy. BPC §865.2. Is conversion therapy illegal in California? →
• When a therapist dies. My therapist died. How do I get my records? →
• Suing one. CCP §§340.5, 364; Civ. Code §3333.2. Can I sue my therapist? →
• A sexual boundary crossed. BPC §§337, 728, 729; Civ. Code §43.93. My therapist crossed a sexual line →

Caregivers and family

• The caregiver's own care. What exists in California for the caregiver's own mental health? →
• IHSS. Can a mental health condition qualify someone for IHSS Protective Supervision? → · My IHSS hours were cut →
• Sick days for someone else. Labor Code §245.5. Can I use my sick days for someone else? →
• Bereavement. Gov. Code §12945.7. How much bereavement leave do I get? →

Q&A

Q: Is this legal advice? A: No. It is a map of statutes and the plain-English pages that explain them; every page says what it is and is not, and none replaces a lawyer for a live dispute.

Q: A section number here differs from what my employer or plan quoted. A: Statutes are renumbered and amended; each linked page shows the date it was last read against the current text.¹ If the dates are old, say so — the site tracks that.

Q: My situation is not on this page. A: The answers hub lists every page, and the search box works on questions. Browse all answers →

Our therapist directory: See its current status →

Sources

1. Each linked page carries its own source list with section citations and the date the statute was read. This index adds no claim of its own; the section numbers beside each entry are those cited on the linked page.

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