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HomeWelfare and Institutions CodeDiv. 5Pt. 1Ch. 2Art. 6§ 5307 Outpatient Danger Hearing Petition

§ 5307 Outpatient Danger Hearing Petition

Welfare and Institutions Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 5307 Outpatient Danger Hearing Petition

Key Takeaways

  • •If someone on outpatient treatment is thought to be dangerous, a public officer can ask the court to review their case.
  • •The court must schedule a hearing within 15 days and notify the person, their lawyer, and the county behavioral health director.
  • •If the person doesn’t show up to court and it’s proven they were notified, the court can order them to be brought in.
  • •If the judge decides the person is dangerous, they can be sent to a state hospital or approved treatment facility.

Example

Imagine someone is getting mental health treatment while living at home, but their doctor thinks they might hurt others.

The doctor can ask a judge to review the case. If the judge agrees the person is dangerous, they can be sent to a hospital for treatment instead of staying at home.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 5307 Outpatient Danger Hearing Petition

If at any time during the outpatient period the public officer, pursuant to Section 5114, is of the opinion that the person is a danger to the health and safety of others while on outpatient status, the public officer, pursuant to Section 5114, may petition the court for a hearing to determine whether the person shall be continued on outpatient status. Upon receipt of the petition, the court shall calendar the case for further proceedings within 15 judicial days and the clerk shall notify the person, the county behavioral health director, and the attorney of record for the person of the hearing date. Upon failure of the person to appear as noticed, if a proper affidavit of service and advisement has been filed with the court, the court may issue a body attachment for that person. If, after a hearing in court the judge determines that the person is a danger to the health and safety of others, the court shall order that the person be confined in a state hospital or other treatment facility that has been approved by the county behavioral health director. (Amended by Stats. 2015, Ch. 455, Sec. 24. (SB 804) Effective January 1, 2016.)

Last verified: January 23, 2026

Key Terms

treatmenthospitalpatientdangerhealthhearingfinedirector

Related Statutes

  • § 5306.5 Outpatient Treatment Revocation
  • § 5309 Early Release For Safety
  • § 5305 Outpatient Commitment Conditions
  • § 5308 Emergency Outpatient Revocation Confinement
  • § 3300 California Rehabilitation Center Establishment

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Welfare and Institutions Code. Section 5307.
View Official Source