Welfare and Institutions Code — Part 25 | WIC — United States — California law | Esheria

Welfare and Institutions Code

Part 25 of 35 · provisions 4,801–5,000

This section says the act is to be known as the Welfare and Institutions Code.

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The Department of the Youth Authority may establish, maintain, or help develop regional centers for counties’ alternative placement options. When a California law mentions “Whittier State School,” it must be read as referring to Fred C. Nelles School for Boys. This section defines “Youth Authority,” “authority,” “the authority,” and “board” for this chapter. This provision states the purpose of the division: to provide protection, care, and assistance to people in need, and to promote welfare through prompt, humane aid and services without discrimination. This section states the purposes of public social services funded by state grants-in-aid to counties.

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Provisions of Welfare and Institutions Code

Showing 200 of 6,925

  1. 4050.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 2. Planning, Research, Evaluation and Quality Assurance [4030 - 4061] ( Chapter 2 added by Stats. 1978, Ch. 1393. ) ## ARTICLE 3. Technical Assistance [4050 - 4061] ( Article 3 added by Stats. 1978, Ch. 1393. )

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    The State Department of Health Care Services must provide technical assistance to county and other local mental health agencies, as resources allow.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 2. Planning, Research, Evaluation and Quality Assurance [4030 - 4061] ( Chapter 2 added by Stats. 1978, Ch. 1393. ) ## ARTICLE 3. Technical Assistance [4050 - 4061] ( Article 3 added by Stats. 1978, Ch. 1393. ) ## 4050. The State Department of Health Care Services shall provide, to the extent resources are available, technical assistance, through its own staff, or by contract, to county mental health programs and other local mental health agencies in the areas of program operations, research, evaluation, demonstration, or quality assurance projects. (Amended by Stats. 2012, Ch. 34, Sec. 51. (SB 1009) Effective June 27, 2012.)
  2. 4051.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 2. Planning, Research, Evaluation and Quality Assurance [4030 - 4061] ( Chapter 2 added by Stats. 1978, Ch. 1393. ) ## ARTICLE 3. Technical Assistance [4050 - 4061] ( Article 3 added by Stats. 1978, Ch. 1393. )

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    The State Department of Health Care Services must provide guidance, evaluation models, and operational assistance for services to people with mental illness, if resources are available.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 2. Planning, Research, Evaluation and Quality Assurance [4030 - 4061] ( Chapter 2 added by Stats. 1978, Ch. 1393. ) ## ARTICLE 3. Technical Assistance [4050 - 4061] ( Article 3 added by Stats. 1978, Ch. 1393. ) ## 4051. The State Department of Health Care Services shall, to the extent resources are available, provide program development guidelines, evaluation models, and operational assistance on all aspects of services to a person with a mental illness of any age. These services include, but are not limited to, the following: (a) Self-help programs. (b) Housing development. (c) Disaster preparation. (d) Vocational services. (e) Regional programs. (f) Multiple diagnosis programs. (Amended by Stats. 2024, Ch. 948, Sec. 3. (AB 2119) Effective January 1, 2025.)
  3. 4052.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 2. Planning, Research, Evaluation and Quality Assurance [4030 - 4061] ( Chapter 2 added by Stats. 1978, Ch. 1393. ) ## ARTICLE 3. Technical Assistance [4050 - 4061] ( Article 3 added by Stats. 1978, Ch. 1393. )

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    The State Department of Health Care Services must provide training in performance standards, model programs, cultural competency, and program development, but only to the extent resources are available.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 2. Planning, Research, Evaluation and Quality Assurance [4030 - 4061] ( Chapter 2 added by Stats. 1978, Ch. 1393. ) ## ARTICLE 3. Technical Assistance [4050 - 4061] ( Article 3 added by Stats. 1978, Ch. 1393. ) ## 4052. The State Department of Health Care Services shall, to the extent resources are available, provide training in performance standards, model programs, cultural competency, and program development. (Amended by Stats. 2012, Ch. 34, Sec. 53. (SB 1009) Effective June 27, 2012.)
  4. 4060.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 2. Planning, Research, Evaluation and Quality Assurance [4030 - 4061] ( Chapter 2 added by Stats. 1978, Ch. 1393. ) ## ARTICLE 3. Technical Assistance [4050 - 4061] ( Article 3 added by Stats. 1978, Ch. 1393. )

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    The State Department of Health Care Services must use a meaningful decisionmaking process to implement Section 4050, including local mental health directors, local mental health boards, and other stakeholders the department chooses.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 2. Planning, Research, Evaluation and Quality Assurance [4030 - 4061] ( Chapter 2 added by Stats. 1978, Ch. 1393. ) ## ARTICLE 3. Technical Assistance [4050 - 4061] ( Article 3 added by Stats. 1978, Ch. 1393. ) ## 4060. The State Department of Health Care Services shall, in order to implement Section 4050, utilize a meaningful decisionmaking process that includes local mental health directors and representatives of local mental health boards as well as other stakeholders as determined by the department. The purpose of this collaboration shall be to promote effective and efficient quality mental health services to the residents of the state under the realigned mental health system. (Amended by Stats. 2012, Ch. 34, Sec. 54. (SB 1009) Effective June 27, 2012.)
  5. 4061.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 2. Planning, Research, Evaluation and Quality Assurance [4030 - 4061] ( Chapter 2 added by Stats. 1978, Ch. 1393. ) ## ARTICLE 3. Technical Assistance [4050 - 4061] ( Article 3 added by Stats. 1978, Ch. 1393. )

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    The department must use a joint state-county decisionmaking process for mental health and substance use disorder resources, and certain board members must be included in specified discussions.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 2. Planning, Research, Evaluation and Quality Assurance [4030 - 4061] ( Chapter 2 added by Stats. 1978, Ch. 1393. ) ## ARTICLE 3. Technical Assistance [4050 - 4061] ( Article 3 added by Stats. 1978, Ch. 1393. ) ## 4061. (a) The State Department of Health Care Services shall utilize a joint state-county decisionmaking process to determine the appropriate use of state and local training, technical assistance, and regulatory resources to meet the mission and goals of the state’s mental health and substance use disorder services system. The department shall use the decisionmaking collaborative process required by this section in all of the following areas: (1) Providing technical assistance to personnel of the State Department of Health Care Services and local behavioral health, mental health, and substance use disorder services departments through direction of existing state and local mental health and substance use disorder services staff and other resources. (2) Analyzing mental health and substance use disorder programs, policies, and procedures. (3) Providing forums on specific topics as they relate to the following: (A) Identifying current level of services. (B) Evaluating existing needs and gaps in current services. (C) Developing strategies for achieving statewide goals and objectives in the provision of services for the specific area. (D) Developing plans to accomplish the identified goals and objectives. (4) Providing forums on policy development and direction with respect to mental health and substance use disorder program operations and clinical issues. (5) Identifying and funding a statewide training and technical assistance entity jointly governed by local behavioral health, mental health, and substance use disorder services directors and mental health and substance use disorder constituency representation, which can do all of the following: (A) Coordinate state and local resources to support training and technical assistance to promote quality mental health and substance use disorder programs. (B) Coordinate training and technical assistance to ensure efficient and effective program development. (C) Provide essential training and technical assistance, as determined by the state-county decisionmaking process. (b) Local behavioral health, mental health, and substance use disorder services board members shall be included in discussions pursuant to Section 4060 when the following areas are discussed: (1) Training and education program recommendations. (2) Establishment of statewide forums for all organizations and individuals involved in mental health and substance use disorder matters to meet and discuss program and policy issues. (3) Distribution of information between the state, local mental health and substance use disorder programs, local mental health and substance use disorder services boards, and other organizations as appropriate. (c) The State Department of Health Care Services and local mental health and substance use disorder services departments may provide staff or other resources, including travel reimbursement, for consultant and advisory services; for the training of personnel, board members, or consumers and families in state and local programs and in educational institutions and field training centers approved by the department; and for the establishment and maintenance of field training centers. (Amended by Stats. 2014, Ch. 31, Sec. 44. (SB 857) Effective June 20, 2014.)
  6. 4080.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. Facility Licensing, Program Certification, and Ratesetting [4080 - 4096.6] ( Heading of Chapter 3 amended by Stats. 1991, Ch. 89, Sec. 36. ) ## ARTICLE 3. Psychiatric Health Facilities and Psychiatric Residential Treatment Facilities [4080 - 4083] ( Heading of Article 3 amended by Stats. 2022, Ch. 589, Sec. 8. )

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    This section regulates licensing, review, inspections, rates, exemptions, and sanctions for psychiatric health facilities.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. Facility Licensing, Program Certification, and Ratesetting [4080 - 4096.6] ( Heading of Chapter 3 amended by Stats. 1991, Ch. 89, Sec. 36. ) ## ARTICLE 3. Psychiatric Health Facilities and Psychiatric Residential Treatment Facilities [4080 - 4083] ( Heading of Article 3 amended by Stats. 2022, Ch. 589, Sec. 8. ) ## 4080. (a) Psychiatric health facilities, as defined in Section 1250.2 of the Health and Safety Code, shall only be licensed by the State Department of Health Care Services subsequent to application by counties, county contract providers, or other organizations pursuant to this part. (b) (1) For counties or county contract providers that choose to apply, the local behavioral health director shall first present to the local behavioral health advisory board for its review an explanation of the need for the facility and a description of the services to be provided. The local behavioral health director shall then submit to the governing body the explanation and description. The governing body, upon its approval, may submit the application to the State Department of Health Care Services. (2) Other organizations that will be applying for licensure and do not intend to use any Bronzan-McCorquodale funds pursuant to Section 5707 shall submit to the local behavioral health director and the governing body in the county in which the facility is to be located a written and dated proposal of the services to be provided. The local behavioral health director and governing body shall have 30 days during which to provide advice and recommendations regarding licensure, as they deem appropriate. At any time after the 30-day period, the organizations may then submit their applications, along with the behavioral health director’s and governing body’s advice and recommendations, if any, to the State Department of Health Care Services. (c) The State Fire Marshal and other appropriate state agencies, to the extent required by law, shall cooperate fully with the State Department of Health Care Services to ensure that the State Department of Health Care Services approves or disapproves the licensure applications not later than 90 days after the application submission by a county, county contract provider, or other organization. (d) Every psychiatric health facility and program for which a license has been issued shall be periodically inspected by a multidisciplinary team appointed or designated by the State Department of Health Care Services. The inspection shall be conducted no less than once every two years and as often as necessary to ensure the quality of care provided. During the inspections the review team shall offer advice and assistance to the psychiatric health facility as it deems appropriate. (e) (1) The program aspects of a psychiatric health facility that shall be reviewed and may be approved by the State Department of Health Care Services shall include, but not be limited to: (A) Activities programs. (B) Administrative policies and procedures. (C) Admissions, including provisions for a mental evaluation. (D) Discharge planning. (E) Health records content. (F) Health records services. (G) Interdisciplinary treatment teams. (H) Nursing services. (I) Patient rights. (J) Pharmaceutical services. (K) Program space requirements. (L) Psychiatrist and clinical psychological services. (M) Rehabilitation services. (N) Restraint and seclusion. (O) Social work services. (P) Space, supplies, and equipment. (Q) Staffing standards. (R) Unusual occurrences. (S) Use of outside resources, including agreements with general acute care hospitals. (T) Linguistic access and cultural competence. (U) Structured outpatient services to be provided under special permit. (V) Substance use disorder services, if the psychiatric health facility admits persons diagnosed only with a severe substance use disorder in accordance with Section 4080.5. (2) The State Department of Health Care Services has the sole authority to grant program flexibility. (f) The State Department of Health Care Services may adopt regulations regarding psychiatric health facilities that shall include, but not be limited to, all of the following: (1) Procedures by which the State Department of Health Care Services shall review and may approve the program and facility requesting licensure as a psychiatric health facility as being in compliance with program standards established by the department. (2) Procedures by which the State Department of Health Care Services shall approve, or deny approval of, the program and facility licensed as a psychiatric health facility pursuant to this section. (3) Provisions for site visits by the State Department of Health Care Services for the purpose of reviewing a facility’s compliance with program and facility standards. (4) Provisions for the State Department of Health Care Services for any administrative proceeding regarding denial, suspension, or revocation of a psychiatric health facility license. (5) Procedures for the appeal of an administrative finding or action pursuant to paragraph (4) of this subdivision and subdivision (j). (g) Regulations may be adopted by the State Department of Health Care Services that establish standards for pharmaceutical services in psychiatric health facilities. Licensed psychiatric health facilities shall be exempt from requirements to obtain a separate pharmacy license or permit. (h) (1) It is the intent of the Legislature that the State Department of Health Care Services shall license the facility in order to establish innovative and more competitive and specialized acute care services. (2) The State Department of Health Care Services shall review and may approve the program aspects of public or private facilities, with the exception of those facilities that are federally certified or accredited by a nationally recognized commission that accredits health care facilities, only if the average per diem charges or costs of service provided in the facility is approximately 60 percent of the average per diem charges or costs of similar psychiatric services provided in a general hospital. (3) (A) When a private facility is accredited by a nationally recognized commission that accredits health care facilities, the State Department of Health Care Services shall review and may approve the program aspects only if the average per diem charges or costs of service provided in the facility do not exceed approximately 75 percent of the average per diem charges or costs of similar psychiatric service provided in a psychiatric or general hospital. (B) When a private facility serves county patients, the State Department of Health Care Services shall review and may approve the program aspects only if the facility is federally certified by the federal Centers for Medicare and Medicaid Services and serves a population mix that includes a proportion of Medi-Cal patients sufficient to project an overall cost savings to the county, and the average per diem charges or costs of service provided in the facility do not exceed approximately 75 percent of the average per diem charges or costs of similar psychiatric service provided in a psychiatric or general hospital. (4) When a public facility is federally certified by the federal Centers for Medicare and Medicaid Services and serves a population mix that includes a proportion of Medi-Cal patients sufficient to project an overall program cost savings with certification, the State Department of Health Care Services shall approve the program aspects only if the average per diem charges or costs of service provided in the facility do not exceed approximately 75 percent of the average per diem charges or costs of similar psychiatric service provided in a psychiatric or general hospital. (5) (A) The State Department of Health Care Services may set a lower rate for private or public facilities than that required by paragraph (3) or (4), if so required by the federal Centers for Medicare and Medicaid Services as a condition for the receipt of federal matching funds. (B) This section does not impose any obligation on any private facility to contract with a county for the provision of services to Medi-Cal beneficiaries, and any contract for that purpose is subject to the agreement of the participating facility. (6) (A) In using the guidelines specified in this subdivision, the State Department of Health Care Services shall take into account local conditions affecting the costs or charges. (B) In those psychiatric health facilities authorized by special permit to offer structured outpatient services not exceeding 10 daytime hours, the following limits on per diem rates shall apply: (i) The per diem charge for patients in both a morning and an afternoon program on the same day shall not exceed 60 percent of the facility’s authorized per diem charge for inpatient services. (ii) The per diem charge for patients in either a morning or afternoon program shall not exceed 30 percent of the facility’s authorized per diem charge for inpatient services. (i) The licensing fees charged for these facilities shall be credited to the State Department of Health Care Services for its costs incurred in the review of psychiatric health facility programs, in connection with the licensing of these facilities. (j) (1) The State Department of Health Care Services shall establish a system for the imposition of prompt and effective civil sanctions against psychiatric health facilities in violation of the laws and regulations of this state pertaining to psychiatric health facilities. If the State Department of Health Care Services determines that there is or has been a failure, in a substantial manner, on the part of a psychiatric health facility to comply with the laws and regulations, the Director of Health Care Services may impose the following sanctions: (A) Cease and desist orders. (B) Monetary sanctions, which may be imposed in addition to the penalties of suspension, revocation, or cease and desist orders. The amount of monetary sanctions permitted to be imposed pursuant to this subparagraph shall not be less than fifty dollars ($50) nor more than one hundred dollars ($100) multiplied by the licensed bed capacity, per day, for each violation. However, the monetary sanction shall not exceed three thousand dollars ($3,000) per day. A facility that is assessed a monetary sanction under this subparagraph, and that repeats the deficiency, may, in accordance with the regulations adopted pursuant to this subdivision, be subject to immediate suspension of its license until the deficiency is corrected. (2) The State Department of Health Care Services may adopt regulations necessary to implement this subdivision and paragraph (5) of subdivision (f) in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). (k) Proposed changes in the standards or regulations affecting health facilities that serve persons with mental health disorders, severe substance use disorders, as defined in subdivision (o) of Section 5008, or cooccurring mental health and severe substance use disorders shall be effected only with the review and coordination of the California Health and Human Services Agency. (l) In psychiatric health facilities where the clinical director is not a physician, a psychiatrist, or if one is temporarily not available, a physician shall be designated who shall direct those medical treatments and services that can only be provided by, or under the direction of, a physician. (Amended by Stats. 2024, Ch. 644, Sec. 3. (SB 1238) Effective January 1, 2025.)
  7. 4080.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. Facility Licensing, Program Certification, and Ratesetting [4080 - 4096.6] ( Heading of Chapter 3 amended by Stats. 1991, Ch. 89, Sec. 36. ) ## ARTICLE 3. Psychiatric Health Facilities and Psychiatric Residential Treatment Facilities [4080 - 4083] ( Heading of Article 3 amended by Stats. 2022, Ch. 589, Sec. 8. )

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    A psychiatric health facility may admit certain persons with severe substance use disorder only if specified department approvals, admission conditions, and MAT policy requirements are met. The department may also issue guidance for this section until regulations are adopted, no later than December 31, 2027.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. Facility Licensing, Program Certification, and Ratesetting [4080 - 4096.6] ( Heading of Chapter 3 amended by Stats. 1991, Ch. 89, Sec. 36. ) ## ARTICLE 3. Psychiatric Health Facilities and Psychiatric Residential Treatment Facilities [4080 - 4083] ( Heading of Article 3 amended by Stats. 2022, Ch. 589, Sec. 8. ) ## 4080.5. (a) A psychiatric health facility may admit persons diagnosed only with a severe substance use disorder, as defined in subdivision (o) of Section 5008, under the following conditions: (1) The State Department of Health Care Services approves the psychiatric health facility’s policies and procedures for providing substance use disorder services, in accordance with subparagraph (V) of paragraph (1) of subdivision (e) of Section 4080. (2) The psychiatric health facility admits these persons involuntarily pursuant to Part 1 (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code. (3) The psychiatric health facility either offers medications for addiction treatment (MAT) or has an effective referral process in place with narcotic treatment programs, community health centers, or other MAT providers. An effective referral process shall include an established relationship with a MAT provider and transportation to appointments for MAT. (4) The psychiatric health facility implements and maintains a MAT policy approved by the State Department of Health Care Services. The MAT policy shall do all of the following: (A) Explain how a person receives information about the benefits and risks of MAT. (B) Describe the availability of MAT at the program, if applicable, or the referral process for MAT. (C) Identify an evidence-based assessment for determining a person’s MAT needs. (D) Address administration, storage, and disposal of MAT medication, if applicable. (E) Outline training for staff about the benefits and risks of MAT. (F) Outline training for staff on the MAT policy. (b) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the State Department of Health Care Services may implement, interpret, or make specific this section, in whole or in part, by means of plan or county letters, information notices, plan or provider bulletins, or other similar instructions, until the time regulations are adopted no later than December 31, 2027. (Added by Stats. 2024, Ch. 644, Sec. 4. (SB 1238) Effective January 1, 2025.)
  8. 4081.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. Facility Licensing, Program Certification, and Ratesetting [4080 - 4096.6] ( Heading of Chapter 3 amended by Stats. 1991, Ch. 89, Sec. 36. ) ## ARTICLE 3. Psychiatric Health Facilities and Psychiatric Residential Treatment Facilities [4080 - 4083] ( Heading of Article 3 amended by Stats. 2022, Ch. 589, Sec. 8. )

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    Psychiatric residential treatment facilities are licensed and supervised by the State Department of Health Care Services, and they must follow approval, reporting, inspection, care-plan, and facility-structure rules.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. Facility Licensing, Program Certification, and Ratesetting [4080 - 4096.6] ( Heading of Chapter 3 amended by Stats. 1991, Ch. 89, Sec. 36. ) ## ARTICLE 3. Psychiatric Health Facilities and Psychiatric Residential Treatment Facilities [4080 - 4083] ( Heading of Article 3 amended by Stats. 2022, Ch. 589, Sec. 8. ) ## 4081. (a) (1) Psychiatric residential treatment facilities, as defined in Section 1250.10 of the Health and Safety Code, shall be licensed by the State Department of Health Care Services subsequent to application by counties, county contract providers, or other organizations as defined by the State Department of Health Care Services. The State Department of Health Care Services shall approve or deny each psychiatric residential treatment facility application for licensure or renewal of a license. (2) Each psychiatric residential treatment facility’s initial license shall be provisional for a period of up to one year from the date the department specifies on the provisional license. A psychiatric residential treatment facility with a provisional license may be subject to facility-specific enhanced monitoring requirements, as established by the department, during the period that the provisional license is effective. (3) (A) A psychiatric residential treatment facility shall not serve involuntarily detained patients pursuant to the Children’s Civil Commitment and Mental Health Treatment Act of 1988 and the Lanterman-Petris-Short Act unless the county designates the facility and the State Department of Health Care Services approves the designation of the facility pursuant to the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of Division 5). (B) For voluntary admission of a minor patient subject to the jurisdiction of the juvenile court, the facility shall obtain court authorization for the admission pursuant to Section 361.23 or 727.13, as applicable, and Section 6552. Whenever consent for admission of a patient who is subject to the jurisdiction of the juvenile court is revoked, the facility shall immediately contact the county child welfare agency or probation department, as applicable, to arrange for the patient’s discharge. (4) The department shall set a statewide bed limit based on an analysis to ensure that inpatient psychiatric services for individuals under 21 years of age are available and sufficient in amount, duration, and scope to reasonably achieve the purpose for which services are provided. The statewide bed limit shall comply with state and federal Medicaid requirements. The department shall notify the Legislature when the total number of beds in licensed psychiatric residential treatment facilities in the state reaches 250 beds, 500 beds, and 750 beds. (b) Licensed psychiatric residential treatment facilities shall meet all licensing requirements, as determined by the State Department of Health Care Services. Psychiatric residential treatment facilities shall comply with their approved policies and procedures. A licensed psychiatric residential treatment facility shall not amend their policies and procedures without the State Department of Health Care Services’ approval. (c) For purposes of admission and continued stay at a psychiatric residential treatment facility, a patient shall meet all of the following criteria: (1) The patient’s psychiatric condition requires services on an inpatient basis under the direction of a physician. (2) The services can reasonably be expected to improve the patient’s condition or prevent further regression such that inpatient services at a psychiatric residential treatment facility will no longer be needed. (3) The psychiatric residential treatment facility is the least restrictive setting for treatment of the patient’s psychiatric condition. (d) Services provided at a psychiatric residential treatment facility shall involve active treatment. “Active treatment” means implementation of an individual plan of care. (e) A psychiatric residential treatment facility shall have an individual plan of care for each patient. An individual plan of care is a written plan developed for each patient within 72 hours of the patient’s admission to the facility. The individual plan of care shall be designed to do all of the following: (1) Improve the patient’s condition. (2) Achieve the patient’s discharge from inpatient status at a psychiatric residential treatment facility at the earliest possible time. (3) Examine and document the medical, psychological, social, behavioral, and developmental aspects of the patient’s situation. (4) Document the need for inpatient psychiatric care at a psychiatric residential treatment facility, including anticipated lengths of stay. (5) Prescribe and document active treatment. (f) (1) A patient’s length of stay at a psychiatric residential treatment facility shall be based on criteria to access inpatient psychiatric services, including medical necessity, and shall be consistent with the individual plan of care developed by the interdisciplinary team. (2) A patient certification or recertification of need shall comply with Subpart D of Part 441 of Subchapter C of Chapter IV of Title 42 of the Code of Federal Regulations, including, but not limited to, recertifying a patient’s need for inpatient care at least every 60 days. (g) The interdisciplinary team shall review the individual plan of care every 10 days, at a minimum, and shall review the plan more frequently as indicated by the patient’s condition. Reviews shall address both of the following: (1) Determine that inpatient services provided at a psychiatric residential treatment facility are necessary. (2) Recommend changes to the individual plan of care as indicated by the patient’s overall adjustment as an inpatient. (h) (1) The interdisciplinary team shall include one of the following: (A) A board-eligible or board-certified psychiatrist. (B) A clinical psychologist who has a doctoral degree and a physician licensed to practice medicine or osteopathy. (C) A physician licensed to practice medicine or osteopathy with specialized training and experience in the diagnosis and treatment of mental diseases, and a psychologist who has a master’s degree in clinical psychology or who has been certified by the state or by the state psychological association. (2) The team shall also include one of the following: (A) A psychiatric social worker, as defined by the department. (B) A registered nurse with specialized training in mental health or one year of experience in treating individuals with mental illness. (C) A licensed occupational therapist who has specialized training or one year of experience in treating individuals with mental illness. (D) A psychologist who has a doctoral degree in clinical psychology, as defined by the department, or who has been licensed by the state. (i) The interdisciplinary team shall be responsible for all of the following: (1) Making admission, continued stay, and discharge determinations. (2) Developing an individual plan of care for each patient, as defined in subdivision (e), in consultation with the patient, parents, legal guardians, or others in whose care the patient will be released after discharge. (3) Assessing the patient’s immediate and long-range therapeutic needs, developmental priorities, and personal strengths and liabilities. (4) Assessing the potential resources of the patient’s family or social networks. (5) Setting treatment objectives to improve the patient’s condition. (6) Prescribing an integrated program of therapies, activities, and experiences, including community-based mental health services. (7) Coordinating with the county child welfare agency or county probation department, as applicable, for patients under the jurisdiction of the juvenile court, including, but not limited to, discharge and transition planning, and continuity of care with the patient’s family, school, and community upon discharge. (8) Developing and complying with the psychiatric residential treatment facility’s policies and procedures for ensuring that the provision of services, supports, supervision, or other resources necessary for the patient are designed to support the patient’s transition to a less restrictive setting. (9) Developing aftercare plans pursuant to Section 1262 of the Health and Safety Code. (j) For patients under the jurisdiction of the juvenile court, a psychiatric residential treatment facility shall do all of the following: (1) Provide the patient’s counsel, social worker, and probation officer, as applicable, notice of the patient’s continued stay at the facility every 30 days for the first 60 days and every 15 days thereafter. (2) Provide the patient with a reasonable opportunity to confer with counsel in a private setting within 48 hours of a request from the patient or counsel. (k) The State Department of Health Care Services shall conduct an initial licensing inspection and annual licensing inspections of psychiatric residential treatment facilities. (l) Any officer, employee, or agent of the State Department of Health Care Services may, upon presentation of proper identification, enter or inspect any psychiatric residential treatment facility at any time to investigate compliance with any applicable requirements. Inspections may be announced or unannounced. (m) Psychiatric residential treatment facilities shall furnish all information, records, and documentation requested by the State Department of Health Care Services. A psychiatric residential treatment facility shall preserve and provide any information, including books, records, papers, accounts, documents, video, and any writing, as defined in Section 250 of the Evidence Code, that the department deems necessary to review compliance with applicable laws. A psychiatric residential treatment facility shall provide any information the department deems necessary within 15 calendar days from the date of the department’s request unless the department permits an extension. (n) (1) Psychiatric residential treatment facilities shall report serious occurrences in accordance with Section 483.374 of Title 42 of the Code of Federal Regulations to the entities specified therein. A certified facility shall also report serious occurrences to the State Department of Public Health as the State Survey Agency in a form and manner prescribed by the State Department of Public Health. (2) Psychiatric residential treatment facilities shall report unusual occurrences to the State Department of Health Care Services within 24 hours of the occurrence and in a form and manner determined by the department. The department shall identify the unusual occurrences that a facility is required to report in future guidance pursuant to subdivision (w). (3) Psychiatric residential treatment facilities shall report use of restraint or seclusion to the State Department of Health Care Services within 24 hours of the occurrence and in a form and manner determined by the department. The department shall provide future guidance regarding the reporting of the use of restraint or seclusion pursuant to subdivision (w). (4) Within 24 hours of a serious occurrence, unusual occurrence, or use of restraint or seclusion, psychiatric residential treatment facilities shall report the occurrence to the authorized representative for the patient and the patient’s attorney, if any, or, when a patient is under the jurisdiction of the juvenile court, to the State Department of Social Services and county child welfare agency or county probation department with responsibility for the child and the patient’s social worker or probation officer and attorney, if any, and, if the child is an Indian child, as defined in subdivisions (a) and (b) of Section 224.1, the child’s tribe. (o) (1) The State Department of Health Care Services may require a psychiatric residential treatment facility to take specified actions to correct any noncompliance. The psychiatric residential treatment facility shall submit a corrective action plan to the State Department of Health Care Services for approval, and shall comply with an approved corrective action plan. The State Department of Health Care Services may specify timeframes and deadlines for submission of a corrective action plan and for correction of noncompliance. (2) The State Department of Health Care Services may place a facility on probation for a repeated noncompliance, failure to submit a corrective action plan as required, or failure to comply with an approved corrective action plan. (3) When a facility is placed on probation pursuant to paragraph (2), the State Department of Health Care Services shall notify the county behavioral health department and State Department of Social Services. (p) The State Department of Health Care Services may enforce psychiatric residential treatment facility requirements by taking any of the following actions: (1) Cease and desist order. (2) Impose monetary penalties. (3) Suspend or revoke a psychiatric residential treatment facility’s license. (q) The license of a psychiatric residential treatment facility shall be immediately suspended if certification for participation in the Medicaid program is denied or revoked, as specified in subdivision (b) of Section 1250.10 of the Health and Safety Code. (r) The State Department of Health Care Services shall provide psychiatric residential treatment facilities with due process pursuant to Section 100171 of the Health and Safety Code when taking any of the actions described in paragraph (2) or (3) of subdivision (p). (s) The State Department of Health Care Services has sole authority to grant program flexibility. (t) Psychiatric residential treatment facilities shall be stand-alone facilities and shall not be in the same building as another facility serving individuals receiving other levels or types of care. (u) (1) The psychiatric residential treatment facility’s application for licensure shall indicate whether the facility shall be unlocked staff-secured, locked, or a combination of both. (2) “Staff-secured” means that 24 hours a day, seven days a week, all unlocked building entrances and exits are continuously monitored and controlled by staff. Residents are not permitted to leave the premises of their own volition. (3) “Locked” means entrances and exits, including windows, which are controlled with locking mechanisms that are inaccessible to the patients. Any additional outside spaces and recreational areas shall similarly be enclosed to preclude egress or ingress from the premises. (v) (1) Psychiatric residential treatment facilities shall only be licensed to serve individuals who are admitted prior to 21 years of age. (2) Psychiatric residential treatment facilities shall ensure separation of minors from adults, consistent with requirements established by the State Department of Health Care Services. (3) Psychiatric residential treatment facilities’ accommodations and patient’s bed assignments shall be based on the patient’s diagnosis and acuity, adjusted developmental age, mental health history, behavioral history, history of violent behavior, history of abuse, age, gender, sexual orientation, gender identity, language, cultural background, reason for the referral, need to accommodate a natural support, and any other factors relevant to the patient’s admission and bedroom assignment. (4) (A) The State Department of Health Care Services shall establish licensing requirements for homelike and age-appropriate patient rooms and common areas. (B) The established number of beds in the facility shall be consistent with the individual treatment needs of the clients served at the facility and shall meet the requirements developed pursuant to this section. At least 50 percent of the beds shall be in single-occupancy rooms. (C) The State Department of Health Care Services shall establish additional licensing requirements for facilities with more than 25 beds to ensure that these facilities establish and maintain a homelike and age-appropriate environment pursuant to subparagraph (A), providing for the comfort and privacy of patients such that patients are nurtured in a developmentally appropriate, organized environment that promotes the individual patient’s recovery and growth, meeting their individual needs and interests. (w) (1) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the State Department of Health Care Services may implement, interpret, or make specific the provisions applicable to psychiatric residential treatment facilities in this section and Section 5405 by means of plan or county letters, information notices, plan or provider bulletins, or other similar instructions, without taking any further regulatory action. (2) Notwithstanding any other law, the State Department of Public Health may, without taking any regulatory actions pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, implement, interpret, or make specific this section by means of an All Facilities Letter or similar instruction. (3) No later than December 31, 2027, the State Department of Health Care Services shall adopt any regulations necessary to implement the provisions applicable to psychiatric residential treatment facilities in this section and Section 5405 in accordance with the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (4) (A) In order to maximize federal financial participation, regulations established by the State Department of Health Care Services pursuant to this chapter shall be consistent with applicable Medicaid regulations governing psychiatric residential treatment facilities in Subpart D of Part 441 of Subchapter C of Chapter IV of Title 42 of the Code of Federal Regulations. (B) Future regulations established by the State Department of Health Care Services may consider, and provide flexibility regarding, the appropriateness of age groups served within a facility. (Amended by Stats. 2023, Ch. 191, Sec. 8. (SB 137) Effective September 13, 2023.)
  9. 4082.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. Facility Licensing, Program Certification, and Ratesetting [4080 - 4096.6] ( Heading of Chapter 3 amended by Stats. 1991, Ch. 89, Sec. 36. ) ## ARTICLE 3. Psychiatric Health Facilities and Psychiatric Residential Treatment Facilities [4080 - 4083] ( Heading of Article 3 amended by Stats. 2022, Ch. 589, Sec. 8. )

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    Renewal and new applications for psychiatric residential treatment facility licenses must include fees, renewal must be filed at least 30 days before expiration, and the department can waive fees for certain publicly owned facilities.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. Facility Licensing, Program Certification, and Ratesetting [4080 - 4096.6] ( Heading of Chapter 3 amended by Stats. 1991, Ch. 89, Sec. 36. ) ## ARTICLE 3. Psychiatric Health Facilities and Psychiatric Residential Treatment Facilities [4080 - 4083] ( Heading of Article 3 amended by Stats. 2022, Ch. 589, Sec. 8. ) ## 4082. (a) Each new or renewal application for a psychiatric residential treatment facility license shall be accompanied by a licensing fee and an application fee paid to the State Department of Health Care Services for its costs in connection with the licensing of these facilities. (b) The amount of the application fee and the licensing fee shall be determined and collected by the State Department of Health Care Services. The total amount of the fees collected shall not exceed the actual costs of licensure and oversight of psychiatric residential treatment facility programs. (c) The State Department of Health Care Services shall waive the licensing fees and application fees for psychiatric residential facilities that are owned and operated by a California state or local authority as the licensee. (d) Each license or renewal issued pursuant to this chapter shall be subject to renewal 12 months from the date of issuance. Application for renewal of the license shall be accompanied by the necessary fee and shall be filed with the State Department of Health Care Services at least 30 days prior to the expiration date. Failure to file a timely renewal may result in expiration of the license. (e) License and renewal fees collected pursuant to this section shall be deposited into the Mental Health Facility Licensing Fund. (f) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department may implement, interpret, or make specific this section, in whole or in part, by means of plan or county letters, information notices, plan or provider bulletins, or other similar instructions, without taking any further regulatory action. (Added by Stats. 2022, Ch. 589, Sec. 10. (AB 2317) Effective January 1, 2023.)
  10. 4083.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. Facility Licensing, Program Certification, and Ratesetting [4080 - 4096.6] ( Heading of Chapter 3 amended by Stats. 1991, Ch. 89, Sec. 36. ) ## ARTICLE 3. Psychiatric Health Facilities and Psychiatric Residential Treatment Facilities [4080 - 4083] ( Heading of Article 3 amended by Stats. 2022, Ch. 589, Sec. 8. )

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    Psychiatric residential treatment facilities must give specified data to state and county health authorities, and published data must not identify patients.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. Facility Licensing, Program Certification, and Ratesetting [4080 - 4096.6] ( Heading of Chapter 3 amended by Stats. 1991, Ch. 89, Sec. 36. ) ## ARTICLE 3. Psychiatric Health Facilities and Psychiatric Residential Treatment Facilities [4080 - 4083] ( Heading of Article 3 amended by Stats. 2022, Ch. 589, Sec. 8. ) ## 4083. (a) Each psychiatric residential treatment facility shall provide the State Department of Health Care Services the data as specified in subdivision (c) of Section 1250.10 of the Health and Safety Code. (b) Each psychiatric residential treatment facility shall provide the State Department of Health Care Services and the behavioral health department for the county in which the facility is physically located with data for Medi-Cal beneficiaries admitted to the facility. (c) Information released or published pursuant to this section shall not contain data that may lead to the identification of patients receiving services in a psychiatric residential treatment facility or information that would otherwise allow an individual to link the published information to a specific person. Data published by the department shall be deidentified in compliance with Section 164.514(a) and (b) of Title 45 of the Code of Federal Regulations. (d) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department may implement, interpret, or make specific this section, in whole or in part, by means of plan or county letters, information notices, plan or provider bulletins, or other similar instructions, without taking any further regulatory action. (Added by Stats. 2022, Ch. 589, Sec. 11. (AB 2317) Effective January 1, 2023.)
  11. 4090.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. Facility Licensing, Program Certification, and Ratesetting [4080 - 4096.6] ( Heading of Chapter 3 amended by Stats. 1991, Ch. 89, Sec. 36. ) ## ARTICLE 4. Social Rehabilitation Facilities and Community Residential Treatment Programs [4090 - 4091] ( Article 4 added by Stats. 1991, Ch. 89, Sec. 46. )

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    The department must set standards for certain mental health programs by regulation and apply them to licensed social rehabilitation facilities.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. Facility Licensing, Program Certification, and Ratesetting [4080 - 4096.6] ( Heading of Chapter 3 amended by Stats. 1991, Ch. 89, Sec. 36. ) ## ARTICLE 4. Social Rehabilitation Facilities and Community Residential Treatment Programs [4090 - 4091] ( Article 4 added by Stats. 1991, Ch. 89, Sec. 46. ) ## 4090. (a) The State Department of Health Care Services shall establish, by regulation, standards for the programs listed in Chapter 2.5 (commencing with Section 5670) of Part 2 of Division 5. These standards shall also be applied by the department to any facility licensed as a social rehabilitation facility pursuant to paragraph (7) of subdivision (a) of Section 1502 of the Health and Safety Code. (b) In establishing the standards required by this section, the department shall not establish standards that in themselves impose any new or increased costs on the programs or facilities affected by the standards. (c) (1) Notwithstanding subdivision (a), pursuant to Section 5963.05, the State Department of Health Care Services may develop and revise documentation standards for social rehabilitation facilities and community residential treatment programs to be consistent with the standards developed pursuant to paragraph (3) of subdivision (h) of Section 14184.402. (2) The department shall require social rehabilitation facilities and community residential treatment programs to implement these documentation standards and shall monitor compliance with these standards as part of program reviews. (Amended by Stats. 2023, Ch. 790, Sec. 11. (SB 326) Effective October 12, 2023.)
  12. 4091.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. Facility Licensing, Program Certification, and Ratesetting [4080 - 4096.6] ( Heading of Chapter 3 amended by Stats. 1991, Ch. 89, Sec. 36. ) ## ARTICLE 4. Social Rehabilitation Facilities and Community Residential Treatment Programs [4090 - 4091] ( Article 4 added by Stats. 1991, Ch. 89, Sec. 46. )

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    The State Department of Health Care Services may delegate evaluation and enforcement of program standards to a county mental health program if the facility has a contract with the county program and the county requests the delegation.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. Facility Licensing, Program Certification, and Ratesetting [4080 - 4096.6] ( Heading of Chapter 3 amended by Stats. 1991, Ch. 89, Sec. 36. ) ## ARTICLE 4. Social Rehabilitation Facilities and Community Residential Treatment Programs [4090 - 4091] ( Article 4 added by Stats. 1991, Ch. 89, Sec. 46. ) ## 4091. Nothing in Section 4090 limits the authority of the State Department of Health Care Services to delegate the evaluation and enforcement of the program standards to a county mental health program when a licensed social rehabilitation facility has a contractual relationship with a county mental health program and the county has requested the delegation. (Amended by Stats. 2012, Ch. 34, Sec. 63. (SB 1009) Effective June 27, 2012.)
  13. 4094.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. Facility Licensing, Program Certification, and Ratesetting [4080 - 4096.6] ( Heading of Chapter 3 amended by Stats. 1991, Ch. 89, Sec. 36. ) ## ARTICLE 5. Programs for Seriously Emotionally Disturbed Children and Court Wards and Dependents [4094 - 4096.6] ( Article 5 added by Stats. 1991, Ch. 89, Sec. 47. )

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    This section requires state health agencies to set and update program standards for community treatment facilities, certify compliance, and regulate staffing, documentation, and admissions.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. Facility Licensing, Program Certification, and Ratesetting [4080 - 4096.6] ( Heading of Chapter 3 amended by Stats. 1991, Ch. 89, Sec. 36. ) ## ARTICLE 5. Programs for Seriously Emotionally Disturbed Children and Court Wards and Dependents [4094 - 4096.6] ( Article 5 added by Stats. 1991, Ch. 89, Sec. 47. ) ## 4094. (a) The State Department of Mental Health shall establish, by regulations adopted at the earliest possible date, but no later than December 31, 1994, program standards for any facility licensed as a community treatment facility. This section shall apply only to community treatment facilities described in this subdivision. (b) Commencing July 1, 2012, the State Department of Health Care Services may adopt or amend regulations pertaining to the program standards for any facility licensed as a community treatment facility. (c) A certification of compliance issued by the State Department of Health Care Services shall be a condition of licensure for the community treatment facility by the State Department of Social Services. The department may, upon the request of a county, delegate the certification and supervision of a community treatment facility to the county department of mental health. (d) The State Department of Health Care Services shall adopt regulations to include, but not be limited to, the following: (1) Procedures by which the Director of Health Care Services shall certify that a facility requesting licensure as a community treatment facility pursuant to Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code is in compliance with program standards established pursuant to this section. (2) Procedures by which the Director of Health Care Services shall deny a certification to a facility or decertify a facility that is licensed as a community treatment facility pursuant to Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code, but no longer complying with program standards established pursuant to this section, in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. (3) Provisions for site visits by the State Department of Health Care Services for the purpose of reviewing a facility’s compliance with program standards established pursuant to this section. (4) Provisions for the community care licensing staff of the State Department of Social Services to report to the State Department of Health Care Services when there is reasonable cause to believe that a community treatment facility is not in compliance with program standards established pursuant to this section. (5) Provisions for the State Department of Health Care Services to provide consultation and documentation to the State Department of Social Services in any administrative proceeding regarding denial, suspension, or revocation of a community treatment facility license. (e) The standards adopted by regulations pursuant to subdivisions (a) and (b) shall include, but not be limited to, standards for treatment, staffing, and for the use of psychotropic medication, discipline, and restraints in the facilities. The standards shall also meet the requirements of Section 4094.5. (f) (1) A community treatment facility shall not be required by the State Department of Health Care Services to have 24-hour onsite licensed nursing staff, but shall retain at least one full-time, or full-time-equivalent, registered nurse onsite if all of the following are applicable: (A) The facility does not use mechanical restraint. (B) The facility only admits children who have been assessed, at the point of admission, by a licensed primary care provider and a licensed psychiatrist, who have concluded, with respect to each child, that the child does not require medical services that require 24-hour nursing coverage. For purposes of this section, a “primary care provider” includes a person defined in Section 14254, or a nurse practitioner who has the responsibility for providing initial and primary care to patients, for maintaining the continuity of care, and for initiating referral for specialist care. (C) Other medical or nursing staff shall be available on call to provide appropriate services, when necessary, within one hour. In order for a placement in a community treatment facility to be funded with federal Aid to Families with Dependent Children-Foster Care on behalf of an eligible child, the facility shall maintain registered or licensed nursing staff and other licensed clinical staff who are onsite, according to the facility’s treatment model, and who are available 24 hours a day and 7 days a week. If consistent with the facility's treatment model, a community treatment facility may access the same nursing resources as those made available to a short-term residential therapeutic program pursuant to Section 4096.55. (D) All direct care staff shall be trained in first aid and cardiopulmonary resuscitation, and in emergency intervention techniques and methods approved by the Community Care Licensing Division of the State Department of Social Services. (2) The State Department of Health Care Services may adopt emergency regulations as necessary to implement this subdivision. The adoption of these regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, and general welfare. The regulations shall be exempt from review by the Office of Administrative Law and shall become effective immediately upon filing with the Secretary of State. The regulations shall not remain in effect more than 180 days unless the adopting agency complies with all the provisions of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, as required by subdivision (e) of Section 11346.1 of the Government Code. (g) During the initial public comment period for the adoption of the regulations required by this section, the community care facility licensing regulations proposed by the State Department of Social Services and the program standards proposed by the State Department of Health Care Services shall be presented simultaneously. (h) A minor shall be admitted to a community treatment facility only if the requirements of Section 4094.5 of this code, Section 1530.9 of the Health and Safety Code, and either of the following conditions are met: (1) The minor is within the jurisdiction of the juvenile court, and has made voluntary application for mental health services pursuant to Section 6552. (2) Informed consent is given by a parent, guardian, conservator, or other person having custody of the minor. (i) Any minor admitted to a community treatment facility shall have the same due process rights afforded to a minor who may be admitted to a state hospital, pursuant to the holding in In re Roger S. (1977) 19 Cal.3d 921. Minors who are wards or dependents of the court and to whom this subdivision applies shall be afforded due process in accordance with Section 6552 and related case law, including In re Michael E. (1975) 15 Cal.3d 183. Regulations adopted pursuant to Section 4094 shall specify the procedures for ensuring these rights, including provisions for notification of rights and the time and place of hearings. (j) (1) Notwithstanding subdivisions (a) and (b), pursuant to Section 5963.05, the State Department of Health Care Services may develop and revise documentation standards for community treatment facilities to be consistent with the standards developed pursuant to paragraph (3) of subdivision (h) of Section 14184.402. (2) The department or the department’s delegate shall require community treatment facilities to implement these documentation standards and shall monitor compliance with these standards as part of the program reviews required for certification pursuant to subdivision (c). (Amended by Stats. 2023, Ch. 790, Sec. 12. (SB 326) Effective October 12, 2023.)
  14. 4094.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. Facility Licensing, Program Certification, and Ratesetting [4080 - 4096.6] ( Heading of Chapter 3 amended by Stats. 1991, Ch. 89, Sec. 36. ) ## ARTICLE 5. Programs for Seriously Emotionally Disturbed Children and Court Wards and Dependents [4094 - 4096.6] ( Article 5 added by Stats. 1991, Ch. 89, Sec. 47. )

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    The State Department of Health Care Services and the State Department of Social Services must develop joint oversight protocols for community treatment facilities.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. Facility Licensing, Program Certification, and Ratesetting [4080 - 4096.6] ( Heading of Chapter 3 amended by Stats. 1991, Ch. 89, Sec. 36. ) ## ARTICLE 5. Programs for Seriously Emotionally Disturbed Children and Court Wards and Dependents [4094 - 4096.6] ( Article 5 added by Stats. 1991, Ch. 89, Sec. 47. ) ## 4094.1. The State Department of Health Care Services and the State Department of Social Services, in consultation with community treatment providers, local mental health departments, and county welfare departments, shall develop joint protocols for the oversight of community treatment facilities. (Amended by Stats. 2012, Ch. 34, Sec. 65. (SB 1009) Effective June 27, 2012.)
  15. 4094.2.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. Facility Licensing, Program Certification, and Ratesetting [4080 - 4096.6] ( Heading of Chapter 3 amended by Stats. 1991, Ch. 89, Sec. 36. ) ## ARTICLE 5. Programs for Seriously Emotionally Disturbed Children and Court Wards and Dependents [4094 - 4096.6] ( Article 5 added by Stats. 1991, Ch. 89, Sec. 47. )

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    This section requires community treatment facility programs and related agencies and counties to prepare negotiated budgets, follow accreditation and payment rules, and provide documents when requested.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. Facility Licensing, Program Certification, and Ratesetting [4080 - 4096.6] ( Heading of Chapter 3 amended by Stats. 1991, Ch. 89, Sec. 36. ) ## ARTICLE 5. Programs for Seriously Emotionally Disturbed Children and Court Wards and Dependents [4094 - 4096.6] ( Article 5 added by Stats. 1991, Ch. 89, Sec. 47. ) ## 4094.2. (a) For the purpose of establishing payment rates for community treatment facility programs, the private nonprofit agencies selected to operate these programs shall prepare a budget that covers the total costs of providing residential care and supervision and mental health services for their proposed programs. These costs shall include categories that are allowable under California’s Foster Care program and existing programs for mental health services. They shall not include educational, nonmental health medical, and dental costs. (b) Each agency operating a community treatment facility program shall negotiate a final budget with the local mental health department in the county in which its facility is located (the host county) and other local agencies, as appropriate. This budget agreement shall specify the types and level of care and services to be provided by the community treatment facility program and a payment rate that fully covers the costs included in the negotiated budget. All counties that place children in a community treatment facility program shall make payments using the budget agreement negotiated by the community treatment facility provider and the host county. (c) A foster care rate shall be established for each community treatment facility program by the State Department of Social Services. (1) (A) These rates shall be established using the existing foster care rate for a short-term residential therapeutic program, as defined in subdivision (ad) of Section 11400, with modifications designed as necessary. It is anticipated that all community treatment facility programs will offer the level of care and services required to receive the highest foster care rate provided for under the current ratesetting system. (B) Beginning July 1, 2027, or the date specified in paragraph (9) of subdivision (h) of Section 11461, in accordance with the schedules provided in paragraph (4) of subdivision (h) of Section 11461 and Sections 16562 and 16565, whichever is later, the rate paid on behalf of a child or nonminor dependent placed in a community treatment facility shall be equivalent to the Tiered Rate Structure described in paragraphs (1) to (3), inclusive, of subdivision (e) of Section 11462. (2) Except as otherwise provided in paragraph (3), commencing January 1, 2017, the program shall have accreditation from a nationally recognized accrediting entity identified by the State Department of Social Services pursuant to the process described in paragraph (4) of subdivision (b) of Section 11462. (3) Any community treatment facility shall be reclassified and paid at the appropriate program rate for which it is qualified if it fails to timely obtain or maintain accreditation as required by state law or fails to provide proof of that accreditation to the State Department of Social Services upon request. (d) For the 2001–02 fiscal year, the 2002–03 fiscal year, the 2003–04 fiscal year, and the 2004–05 fiscal year, community treatment facility programs shall also be paid a community treatment facility supplemental rate of up to two thousand five hundred dollars ($2,500) per child per month on behalf of children eligible under the foster care program and children placed out of home pursuant to an individualized education program developed under former Section 7572.5 of the Government Code. Subject to the availability of funds, the supplemental rate shall be shared by the state and the counties. Counties shall be responsible for paying a county share of cost equal to 60 percent of the community treatment rate for children placed by counties in community treatment facilities and the state shall be responsible for 40 percent of the community treatment facility supplemental rate. The community treatment facility supplemental rate is intended to supplement, and not to supplant, the payments for which children placed in community treatment facilities are eligible to receive under the foster care program and the existing programs for mental health services. (e) For initial ratesetting purposes for community treatment facility funding, the cost of mental health services shall be determined by deducting the foster care rate and the community treatment facility supplemental rate from the total allowable cost of the community treatment facility program. Payments to certified providers for mental health services shall be based on eligible services provided to children who are Medi-Cal beneficiaries, up to the approved federal rate for these services. (f) The State Department of Health Care Services shall provide the community treatment facility supplemental rates to the counties for advanced payment to the community treatment facility providers in the same manner as the regular foster care payment and within the same required payment time limits. (g) In order to facilitate the study of the costs of community treatment facilities, licensed community treatment facilities shall provide all documents regarding facility operations, treatment, and placements requested by the department. (h) It is the intent of the Legislature that the State Department of Health Care Services and the State Department of Social Services work to maximize federal financial participation in funding for children placed in community treatment facilities through funds available pursuant to Titles IV-E and XIX of the federal Social Security Act (42 U.S.C. Sec. 670 et seq. and Sec. 1396 et seq.) and other appropriate federal programs. (i) The State Department of Health Care Services and the State Department of Social Services may adopt emergency regulations necessary to implement joint protocols for the oversight of community treatment facilities, to modify existing licensing regulations governing reporting requirements and other procedural and administrative mandates to take into account the seriousness and frequency of behaviors that are likely to be exhibited by seriously emotionally disturbed children placed in community treatment facility programs, to modify the existing foster care ratesetting regulations, and to pay the community treatment facility supplemental rate. The adoption of these regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, and general welfare. The regulations shall become effective immediately upon filing with the Secretary of State. The regulations shall not remain in effect more than 180 days unless the adopting agency complies with all the provisions of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, as required by subdivision (e) of Section 11346.1 of the Government Code. (j) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the State Department of Social Services may implement, interpret, or make specific changes made to this section by the act that added this subdivision through and by means of all-county letters or similar written directives, which shall be exempt from submission to or review by the Office of Administrative Law. These all-county letters or similar written directives shall have the same force and effect as regulations until the adoption of regulations no later than January 1, 2030. (Amended by Stats. 2024, Ch. 46, Sec. 8. (AB 161) Effective July 2, 2024.)
  16. 4094.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. Facility Licensing, Program Certification, and Ratesetting [4080 - 4096.6] ( Heading of Chapter 3 amended by Stats. 1991, Ch. 89, Sec. 36. ) ## ARTICLE 5. Programs for Seriously Emotionally Disturbed Children and Court Wards and Dependents [4094 - 4096.6] ( Article 5 added by Stats. 1991, Ch. 89, Sec. 47. )

    Verify source ↗

    This section sets rules for community treatment facilities, including who may be placed there, how secure beds may be used, and what certifications and approvals are needed before admission.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. Facility Licensing, Program Certification, and Ratesetting [4080 - 4096.6] ( Heading of Chapter 3 amended by Stats. 1991, Ch. 89, Sec. 36. ) ## ARTICLE 5. Programs for Seriously Emotionally Disturbed Children and Court Wards and Dependents [4094 - 4096.6] ( Article 5 added by Stats. 1991, Ch. 89, Sec. 47. ) ## 4094.5. Regulations for community treatment facilities adopted pursuant to Section 4094 shall include, but not be limited to, the following: (a) Only a child with serious emotional disturbance, as defined in Section 5699.2, either (1) for whom other less restrictive mental health interventions have been tried, as documented in the case plan, or (2) who is currently placed in an acute psychiatric hospital or state hospital or in a facility outside the state for mental health treatment, and who may require periods of containment to participate in, and benefit from, mental health treatment, shall be placed in a community treatment facility. For purposes of this subdivision, lesser restrictive interventions shall include, but are not limited to, outpatient therapy, family counseling, case management, family preservation efforts, special education classes, or nonpublic schooling. (b) A facility shall have the capacity to provide secure containment. For purposes of this section, a facility or an area of a facility shall be defined as secure if residents are not permitted to leave the premises of their own volition. All or part of a facility, including its perimeter, but not a room alone, may be locked or secure. If a facility uses perimeter fencing, all beds within the perimeter shall be considered secure beds. All beds outside of a locked or secure wing or facility shall be considered nonsecure beds. (c) A locked or secure program in a facility shall not be used for disciplinary purposes, but shall be used for the protection of the child. It may be used as a treatment modality for a child needing that level of care. The use of the secure facility program shall be for as short a period as possible, consistent with the child’s case plan and safety. The department shall develop regulations governing the oversight, review, and duration of the use of secure beds. (d) Fire clearance approval shall be obtained pursuant to Section 1531.2 of the Health and Safety Code. (e) (1) Prior to admission, a child admitted to a community treatment facility shall have been certified as having serious emotional disturbance, as defined in Section 5699.2, by a licensed mental health professional. (A) Except in the case of placement on an emergency basis, as described in subdivision (i) of Section 4096, any child who is a dependent or ward of the juvenile court, is the subject of a petition filed pursuant to Section 300, has been detained pursuant to Section 636, or is voluntarily placed and the placement is funded by the Aid to Families with Dependent Children-Foster Care program, shall, prior to admission, have been determined by a county interagency placement committee to require placement in the community treatment facility, as prescribed by subdivision (e) of Section 4096. A copy of the interagency placement committee determination shall be provided to the facility. (B) Any child who is a dependent or ward of the juvenile court, is the subject of a petition filed pursuant to Section 300, has been detained pursuant to Section 636, or is voluntarily placed and the placement is funded by the Aid to Families with Dependent Children-Foster Care program, shall be assessed by a qualified individual, as defined in subdivision (l) of Section 16501, pursuant to subdivision (g) of Section 4096, as needing the level of care provided by a community treatment facility. The assessment by the qualified individual shall occur prior to the child’s admission to the facility, or, if delaying placement for the qualified individual’s assessment would be contrary to the child’s well-being, within 30 days after the child began physically residing in the facility. A copy of the completed assessment shall be provided to the facility. (C) Federal financial participation under the Medi-Cal program shall only be available if all state and federal requirements are met and the treatment is medically necessary. Federal financial participation under the Medi-Cal program shall not be claimed for medical assistance expenditures relating to minors or nonminors detained in a juvenile justice facility, unless expressly permitted under the federal law, or approved under the CalAIM Terms and Conditions as defined in subdivision (c) of Section 14184.101 or the approved terms and conditions of a successor waiver or demonstration project. (2) Any county cost associated with the certification and the determination provided for in paragraph (1) may be billed as a utilization review expense. (Amended by Stats. 2024, Ch. 948, Sec. 4. (AB 2119) Effective January 1, 2025.)
  17. 4094.6.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. Facility Licensing, Program Certification, and Ratesetting [4080 - 4096.6] ( Heading of Chapter 3 amended by Stats. 1991, Ch. 89, Sec. 36. ) ## ARTICLE 5. Programs for Seriously Emotionally Disturbed Children and Court Wards and Dependents [4094 - 4096.6] ( Article 5 added by Stats. 1991, Ch. 89, Sec. 47. )

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    Children admitted to or placed in a community treatment facility are entitled to certain patient rights and to a habeas corpus hearing within two judicial days after filing the petition.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. Facility Licensing, Program Certification, and Ratesetting [4080 - 4096.6] ( Heading of Chapter 3 amended by Stats. 1991, Ch. 89, Sec. 36. ) ## ARTICLE 5. Programs for Seriously Emotionally Disturbed Children and Court Wards and Dependents [4094 - 4096.6] ( Article 5 added by Stats. 1991, Ch. 89, Sec. 47. ) ## 4094.6. The patients’ rights provisions contained in Sections 5325, 5325.1, 5325.2, and 5326 shall be available to any child admitted to, or eligible for admission to, a community treatment facility. Every child placed in a community treatment facility shall have a right to a hearing by writ of habeas corpus, within two judicial days of the filing of a petition for the writ of habeas corpus with the superior court of the county in which the facility is located, for his or her release. Regulations adopted pursuant to Section 4094 shall specify the procedures by which this right shall be ensured. These regulations shall generally be consistent with the procedures contained in Section 5275 et seq., concerning habeas corpus for individuals, including children, subject to various involuntary holds. (Added by Stats. 1993, Ch. 1245, Sec. 6. Effective October 11, 1993.)
  18. 4094.7.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. Facility Licensing, Program Certification, and Ratesetting [4080 - 4096.6] ( Heading of Chapter 3 amended by Stats. 1991, Ch. 89, Sec. 36. ) ## ARTICLE 5. Programs for Seriously Emotionally Disturbed Children and Court Wards and Dependents [4094 - 4096.6] ( Article 5 added by Stats. 1991, Ch. 89, Sec. 47. )

    Verify source ↗

    This section sets bed limits and licensing rules for community treatment facilities and assigns related duties to state health and social services departments.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. Facility Licensing, Program Certification, and Ratesetting [4080 - 4096.6] ( Heading of Chapter 3 amended by Stats. 1991, Ch. 89, Sec. 36. ) ## ARTICLE 5. Programs for Seriously Emotionally Disturbed Children and Court Wards and Dependents [4094 - 4096.6] ( Article 5 added by Stats. 1991, Ch. 89, Sec. 47. ) ## 4094.7. (a) A community treatment facility may have both secure and nonsecure beds. However, the State Department of Health Care Services shall limit the total number of beds in community treatment facilities to not more than 400 statewide. The State Department of Health Care Services shall certify community treatment facilities in such a manner as to ensure an adequate dispersal of these facilities within the state. The State Department of Health Care Services shall ensure that there is at least one facility in each of the State Department of Social Services’ five regional licensing offices. (b) The State Department of Health Care Services shall notify the State Department of Social Services when a facility has been certified and has met the program standards pursuant to Section 4094. The State Department of Social Services shall license a community treatment facility for a specified number of secure beds and a specified number of nonsecure beds. The number of secure and nonsecure beds in a facility shall be modified only with the approval of both the State Department of Social Services and the State Department of Health Care Services. (c) The State Department of Health Care Services shall develop, with the advice of the State Department of Social Services, county representatives, providers, and interested parties, the criteria to be used to determine which programs among applicant providers shall be licensed. The State Department of Health Care Services shall determine which agencies best meet the criteria, certify them in accordance with Section 4094, and refer them to the State Department of Social Services for licensure. (d) Any community treatment facility proposing to serve seriously emotionally disturbed foster children shall be incorporated as a nonprofit organization. (Amended by Stats. 2012, Ch. 439, Sec. 19. (AB 1471) Effective September 22, 2012.)
  19. 4095.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. Facility Licensing, Program Certification, and Ratesetting [4080 - 4096.6] ( Heading of Chapter 3 amended by Stats. 1991, Ch. 89, Sec. 36. ) ## ARTICLE 5. Programs for Seriously Emotionally Disturbed Children and Court Wards and Dependents [4094 - 4096.6] ( Article 5 added by Stats. 1991, Ch. 89, Sec. 47. )

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    The department must create mental health service protocols, service definitions, rates, and regulations for eligible court wards and dependent children, subject to funding conditions.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. Facility Licensing, Program Certification, and Ratesetting [4080 - 4096.6] ( Heading of Chapter 3 amended by Stats. 1991, Ch. 89, Sec. 36. ) ## ARTICLE 5. Programs for Seriously Emotionally Disturbed Children and Court Wards and Dependents [4094 - 4096.6] ( Article 5 added by Stats. 1991, Ch. 89, Sec. 47. ) ## 4095. (a) It is the intent of the Legislature that essential and culturally relevant mental health assessment, case management, and treatment services be available to wards of the court and dependent children of the court placed out of home or who are at risk of requiring out-of-home care. This can be best achieved at the community level through the active collaboration of county social service, probation, education, mental health agencies, and foster care providers. (b) Therefore, using the Children’s Mental Health Services Act (Part 4 (commencing with Section 5850) of Division 5) as a guideline, the State Department of Health Care Services, in consultation with the County Behavioral Health Directors Association of California, the State Department of Social Services, the County Welfare Directors Association of California, the Chief Probation Officers of California, and foster care providers, shall do all of the following: (1) By July 1, 1994, develop an individualized mental health treatment needs assessment protocol for wards of the court and dependent children of the court. (2) Define supplemental services to be made available to the target population, including, but not limited to, services defined in Article 4 (commencing with Section 540) of Title 9 of the California Code of Regulations as of January 1, 1994, family therapy, prevocational services, and crisis support activities. (3) Establish statewide standardized rates for the various types of services defined by the department in accordance with paragraph (2), and provided pursuant to this section. The rates shall be designed to reduce the impact of competition for scarce treatment resources on the cost and availability of care. The rates shall be implemented only when the state provides funding for the services described in this section. (4) By January 1, 1994, to the extent state funds are available to implement this section, establish, by regulation, all of the following: (A) Definitions of priority ranking of subsets of the court wards and dependents target population. (B) A procedure to certify the mental health programs. (c) (1) Only those individuals within the target population as defined in regulation and determined to be eligible for services as a result of a mental health treatment needs assessment may receive services pursuant to this section. (2) Allocation of funds appropriated for the purposes of this section shall be based on the number of wards and dependents and may be adjusted in subsequent fiscal years to reflect costs. (3) The counties shall be held harmless for failure to provide any assessment, case management, and treatment services to those children identified in need of services for whom there is no funding. (d) (1) The State Department of Health Care Services shall make information available to the Legislature, on request, on the service populations provided mental health treatment services pursuant to this section, the types and costs of services provided, and the number of children identified in need of treatment services who did not receive the services. (2) The information required by paragraph (1) may include information on need, cost, and service impact experience from the following: (A) Family preservation pilot programs. (B) Pilot programs implemented under the former Children’s Mental Health Services Act (former Chapter 6.8 (commencing with Section 5565.10) of Part 1 of Division 5). (C) Programs implemented under Chapter 26.5 (commencing with Section 7570) of Division 7 of Title 1 of the Government Code and Section 11401. (D) County experience in the implementation of Section 4096. (Amended by Stats. 2025, Ch. 67, Sec. 189. (AB 1170) Effective January 1, 2026.)
  20. 4096.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. Facility Licensing, Program Certification, and Ratesetting [4080 - 4096.6] ( Heading of Chapter 3 amended by Stats. 1991, Ch. 89, Sec. 36. ) ## ARTICLE 5. Programs for Seriously Emotionally Disturbed Children and Court Wards and Dependents [4094 - 4096.6] ( Article 5 added by Stats. 1991, Ch. 89, Sec. 47. )

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    This section sets rules for interagency placement committees and related county/state duties for certain child placements and assessments.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. Facility Licensing, Program Certification, and Ratesetting [4080 - 4096.6] ( Heading of Chapter 3 amended by Stats. 1991, Ch. 89, Sec. 36. ) ## ARTICLE 5. Programs for Seriously Emotionally Disturbed Children and Court Wards and Dependents [4094 - 4096.6] ( Article 5 added by Stats. 1991, Ch. 89, Sec. 47. ) ## 4096. (a) This section governs interagency placement committees related to the placement of a dependent child or a ward into short-term residential therapeutic programs, as specified in Section 11462.01, in a community treatment facility, as defined in paragraph (8) of subdivision (a) of Section 1502 of the Health and Safety Code, or in an out-of-state residential facility, as defined in subdivision (b) of Section 7910 of the Family Code. (1) Interagency collaboration and children’s program services shall be structured in a manner that will facilitate implementation of the goals of Part 4 (commencing with Section 5850) of Division 5 to develop protocols outlining the roles and responsibilities of placing agencies and programs regarding nonemergency placements of a foster child in a certified residential therapeutic program. (2) Components shall be added to state-county performance contracts required in Section 5650 that provide for reports from counties on how this section is implemented. (3) The State Department of Health Care Services shall develop performance contract components required by paragraph (2). (4) Performance contracts subject to this section shall document that the procedures to be implemented in compliance with this section have been approved by the county social services department and the county probation department. (b) Funds specified in subdivision (a) of Section 17601 for services to wards of the court and dependent children of the court shall be allocated and distributed to counties based on the number of wards of the court and dependent children of the court in the county. (c) A county may utilize funds allocated pursuant to subdivision (b) only if the county has established an operational interagency placement committee with a membership that includes at least the county placement agency and a licensed mental health professional from the county department of mental health. If necessary, the funds may be used for costs associated with establishing the interagency placement committee. (d) Funds allocated pursuant to subdivision (b) shall be used to provide services to wards of the court and dependent children of the court jointly identified by county mental health, social services, and probation departments as the highest priority. Every effort shall be made to match those funds with funds received pursuant to Title XIX of the federal Social Security Act, contained in Subchapter 19 (commencing with Section 1396) of Chapter 7 of Title 42 of the United States Code. (e) (1) Each interagency placement committee shall establish procedures whereby a ward of the court or dependent child of the court, a child who is the subject of a petition filed pursuant to Section 300, a child detained pursuant to Section 636, or a voluntarily placed child whose placement is funded by the Aid to Families with Dependent Children-Foster Care program, who is to be placed or is currently placed in a program, as specified in subdivision (a), shall be determined to meet one of the following: (A) The child or ward meets the medical necessity criteria for Medi-Cal specialty mental health services, as the criteria are described in Section 1830.205 or 1830.210 of Title 9 of the California Code of Regulations. (B) The child or ward is assessed and diagnosed with serious emotional disturbance as described in subdivision (a) of Section 5600.3. (C) The child’s or ward’s individual behavioral or treatment needs can only be met by the level of care provided in a program, as specified in subdivision (a). (2) The determination required by paragraph (1) shall do all of the following: (A) Ensure that the care and services that the child needs, including any care or service needs determined by the qualified individual assessment, are provided by a program, as specified in subdivision (a), and include documentation regarding how medically necessary Medi-Cal specialty mental health services will be provided in a provisionally licensed program. (B) Ensure that the requirements of subdivision (c) of Section 16514 have been met with respect to commonality of need. (C) Consider the detailed history that shall be provided by the placing agency outlining behavior that may pose a threat to the health or safety of that child and the other children residing in the program and consider any potential interference with the effectiveness of the care and services provided to that child and the other children residing in the program, as specified in subdivision (a). (D) Describe additional safety measures and therapeutic interventions needed to mitigate identified challenging behaviors or risks to the safety of the child and other children in the facility. (E) Present the determination to the placing agency within five business days of the referral. (3) This subdivision does not prohibit an interagency placement committee from considering an assessment that was provided by a licensed mental health professional, as described in subdivision (j), and that was developed consistent with procedures established by the county pursuant to paragraph (1). (4) The State Department of Health Care Services and the State Department of Social Services shall develop a dispute resolution process or utilize an existing dispute resolution process currently operated by each department to jointly review a disputed interagency placement committee determination made pursuant to this subdivision. The departments shall report the developed or utilized dispute resolution process to the appropriate policy and fiscal committees of the Legislature no later than January 1, 2017, and shall track the number of disputes reported and resolved, and provide that information to the Legislature annually as part of the State Budget process. Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the departments may issue guidance on the joint review process for dispute resolution by written directive. (f) The interagency placement committee shall document the results of the determination required by subdivision (e) and shall notify the appropriate provider in writing, of those results within 10 days of the completion of the determination. (g) (1) For a placement in a short-term therapeutic residential program, a community treatment facility, as defined in paragraph (8) of subdivision (a) of Section 1502 of the Health and Safety Code, or in an out-of-state residential facility, as defined by paragraph (2) of subdivision (b) of Section 7910 of the Family Code, made on or after October 1, 2021, a qualified individual, as defined pursuant to subdivision (l) of Section 16501, shall conduct an assessment pursuant to this subdivision if the child is placed by a county child welfare or probation placing agency. (2) (A) Unless the placement is an emergency placement pursuant to paragraph (3) of subdivision (h) of Section 11462.01, the qualified individual shall conduct an independent assessment and determination regarding the needs of the child prior to placement in a short-term therapeutic residential program, in a community treatment facility, or in an out-of-state residential facility, as defined by paragraph (2) of subdivision (b) of Section 7910 of the Family Code. In the event of an emergency placement, the qualified individual shall conduct the independent assessment and determination regarding the needs of the child within 30 days of the start of the placement. (B) In connection with the activities required by the qualified individual, placing agencies shall adopt, and all parties to the child’s case shall utilize, the universal release of information identified by the State Department of Social Services and the State Department of Health Care Services. (3) The assessment conducted by the qualified individual shall include, at a minimum, all of the following: (A) Engagement with the child and family team members and, in the case of an Indian child, the Indian child’s tribe, in conducting the assessment. (B) An assessment of the strengths and needs of the child or nonminor dependent, using an age-appropriate, evidence-based, validated, functional assessment tool and methodology approved by the State Department of Social Services and the State Department of Health Care Services. If the authorized assessment tool has already been completed as part of the child and family team within two months of the referral to a qualified individual, the qualified individual may utilize or update those results at the discretion of the qualified individual. If the assessment tool was completed more than two months before the referral to a qualified individual, the qualified individual shall update those results. (C) The identification of the child-specific short- and long-term mental and behavioral health goals and treatment needs of the child. (D) In the case of an Indian child, the qualified individual’s efforts to consult with the child’s tribe. The qualified individual shall consult and confer with a representative of the child’s tribe or, at the direction of the tribal representative, the qualified expert witness, as described in Section 224.6. Such consultation shall include, but not be limited to, determination of the social and cultural standards of the Indian child’s tribe. (4) The qualified individual shall determine and document the following in writing: (A) Whether the assessed needs of the child or nonminor dependent can be met with family members, in a tribally approved home in the case of an Indian child, or in another family-based setting. (B) If the child or nonminor dependent’s needs cannot be met with family members, in a tribally approved home in the case of an Indian child, or in another family-based setting, all of the following: (i) Why the needs of the child cannot be met with family members of the child or in another family-based setting identified by the placing agency, or in a tribally approved home in the case of an Indian child. (ii) Why a short-term residential therapeutic program, or, where applicable, a community treatment facility, as defined in paragraph (8) of subdivision (a) of Section 1502 of the Health and Safety Code, or an out-of-state residential facility, as defined by paragraph (2) of subdivision (b) of Section 7910 of the Family Code, is the setting that will provide the child with the most effective and appropriate level of care in the least restrictive environment. (iii) How a short-term residential therapeutic program intervention, or, where applicable, the program intervention of a community treatment facility or an out-of-state residential facility, as defined by paragraph (2) of subdivision (b) of Section 7910 of the Family Code, is consistent with the short- and long-term goals for the child, as specified in the permanency plan for the child, and for an Indian child, will meet the child’s needs consistent with the prevailing social and cultural conditions and way of life of the Indian child’s tribe. (iv) The mental and behavioral health interventions and treatment that the program will implement to improve functioning and well-being and, for an Indian child, how the interventions and treatment will be conducted in a manner consistent with the prevailing social and cultural conditions and way of life of the Indian child’s tribe. (v) A known multiagency care coordination need that should be planned for during discharge and aftercare planning, as developed pursuant to Section 4096.6, upon the child’s transition to a family-based setting. (C) The engagement with the child and family team members and, in the case of an Indian child, the Indian child’s tribe. (5) The assessment of the qualified individual does not replace or replicate existing case planning or case management activities, roles, and responsibilities of the county placing agency caseworker in preparation of the child’s case plan pursuant to Section 16501.1 or requirements of the interagency placement committee established pursuant to this section. (6) The qualified individual shall provide the assessment required by paragraph (3) and the report required by paragraph (4) to the county placing agency and the short-term residential therapeutic program, or, where applicable, the community treatment facility, as defined in paragraph (8) of subdivision (a) of Section 1502 of the Health and Safety Code, or the out-of-state residential facility, as defined by paragraph (2) of subdivision (b) of Section 7910 of the Family Code, in which the child or nonminor dependent is or will be placed. (7) It is the intent of the Legislature that the assessments of a qualified individual provided pursuant to this subdivision are provided as specialty mental health services, whenever possible, consistent with all state and federal Medicaid requirements. (8) For purposes of subparagraph (K) of paragraph (1) of subdivision (a) of Section 827, a qualified individual shall be considered a member of the child’s multidisciplinary team. (h) (1) The State Department of Social Services and the State Department of Health Care Services shall issue joint guidance that shall include, but not be limited to, all of the following: (A) The statewide standards and approval requirements for qualified individuals, as defined in subdivision (l) of Section 16501. (B) The requirements for referrals to, and the assessment conducted by, the qualified individual pursuant to subdivision (g). (C) Documentation requirements necessary to meet state and federal child welfare requirements and documentation requirements for Medi-Cal specialty mental health activities conducted by the qualified individual. (D) The applicable state and federal privacy and confidentiality laws that permit or limit the dissemination of the assessment of the qualified individual developed pursuant to subdivision (g). (2) The guidance issued pursuant to this subdivision shall be issued on or before July 31, 2021. (i) This section does not prevent a county placing agency from making a placement in a short-term residential therapeutic program or a community treatment facility on an emergency basis, as permitted pursuant to subdivision (h) of Section 11462.01, prior to the determination by the interagency placement committee pursuant to this section. (j) If the child’s or youth’s placement is not funded by the Aid to Families with Dependent Children-Foster Care program a licensed mental health professional, or an otherwise recognized provider of mental health services, shall certify that the child has been assessed as meeting the medical necessity criteria for Medi-Cal specialty mental health Early and Periodic Screening, Diagnosis, and Treatment services, as the criteria are described in Section 1830.210 of Title 9 of the California Code of Regulations, or assessed and diagnosed with serious emotional disturbance as described in subdivision (a) of Section 5600.3. A “licensed mental health professional” includes a physician licensed under Section 2050 of the Business and Professions Code, a licensed psychologist within the meaning of subdivision (a) of Section 2902 of the Business and Professions Code, a licensed clinical social worker within the meaning of subdivision (a) of Section 4996 of the Business and Professions Code, a licensed marriage and family therapist within the meaning of subdivision (b) of Section 4980 of the Business and Professions Code, or a licensed professional clinical counselor within the meaning of subdivision (e) of Section 4999.12. (k) (1) Notwithstanding any other law, contracts awarded by the State Department of Social Services for purposes of this section shall be exempt from the personal services contracting requirements of Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the Government Code. (2) Notwithstanding any other law, contracts awarded by the State Department of Social Services for purposes of this section shall be exempt from the Public Contract Code and the State Contracting Manual, and shall not be subject to the approval of the Department of General Services. (Amended by Stats. 2024, Ch. 948, Sec. 5. (AB 2119) Effective January 1, 2025.)
  21. 4096.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. Facility Licensing, Program Certification, and Ratesetting [4080 - 4096.6] ( Heading of Chapter 3 amended by Stats. 1991, Ch. 89, Sec. 36. ) ## ARTICLE 5. Programs for Seriously Emotionally Disturbed Children and Court Wards and Dependents [4094 - 4096.6] ( Article 5 added by Stats. 1991, Ch. 89, Sec. 47. )

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    Short-term residential therapeutic programs serving certain children must obtain and keep mental health program approval and Medi-Cal mental health certification, and they may not directly provide specialty mental health services without current approval.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. Facility Licensing, Program Certification, and Ratesetting [4080 - 4096.6] ( Heading of Chapter 3 amended by Stats. 1991, Ch. 89, Sec. 36. ) ## ARTICLE 5. Programs for Seriously Emotionally Disturbed Children and Court Wards and Dependents [4094 - 4096.6] ( Article 5 added by Stats. 1991, Ch. 89, Sec. 47. ) ## 4096.5. (a) This section governs standards for the mental health program approval for short-term residential therapeutic programs, which is required under subdivision (c) of Section 1562.01 of the Health and Safety Code. (b) All short-term residential therapeutic programs that serve children who have either been assessed as meeting the medical necessity criteria for Medi-Cal specialty mental health services, as provided for in Section 1830.205 or 1830.210 of Title 9 of the California Code of Regulations, or who have been assessed and diagnosed with a serious emotional disturbance as defined in subdivision (a) of Section 5600.3, shall obtain and have in good standing a mental health program approval and a Medi-Cal mental health certification, as described in Section 11462.01, issued by the State Department of Health Care Services or a county mental health plan to which the department has delegated approval authority. This approval, which is required pursuant to subdivision (c) of Section 1562.01 of the Health and Safety Code, is a condition for receiving an Aid to Families with Dependent Children-Foster Care rate pursuant to Section 11462.01. (c) (1) A short-term residential therapeutic program shall not directly provide specialty mental health services without a current mental health program approval. A licensed short-term residential therapeutic program that has not obtained a program approval shall provide children in its care access to appropriate mental health services. (2) County mental health plans shall ensure that Medi-Cal specialty mental health services, including, but not limited to, services under the Early and Periodic Screening, Diagnosis and Treatment benefit, are provided to all Medi-Cal beneficiaries served by short-term residential therapeutic programs who meet medical necessity criteria, as provided for in Section 1830.205 or 1830.210 of Title 9 of the California Code of Regulations. (d) (1) The State Department of Health Care Services or a county mental health plan to which the department has delegated mental health program approval authority shall approve or deny mental health program approval requests within 45 days of receiving a request. The State Department of Health Care Services or a county mental health plan to which the department has delegated mental health program approval authority shall issue each mental health program approval for a period of one year, except for approvals granted pursuant to paragraph (2) and provisional approvals granted pursuant to regulations promulgated under subdivision (e), and shall specify the effective date of the approval. Approved entities shall meet all program standards to be reapproved. (2) (A) Between January 1, 2017, and December 31, 2017, the State Department of Health Care Services, or a county mental health plan to which the department has delegated mental health program approval authority, shall approve or deny a mental health program approval request within 90 days of receipt. (B) Between January 1, 2017, and December 31, 2017, the State Department of Health Care Services, or a county mental health plan to which the department has delegated mental health program approval authority, may issue a mental health program approval for a period of less than one year. (e) (1) The State Department of Health Care Services and the county mental health plans to which the department has delegated mental health program approval authority may enforce the mental health program approval standards by taking any of the following actions against a noncompliant short-term residential therapeutic program: (A) Suspend or revoke a mental health program approval. (B) Impose monetary penalties. (C) Place a mental health program on probation. (D) Require a mental health program to prepare and comply with a corrective action plan. (2) The State Department of Health Care Services and the county mental health plans to which the department has delegated mental health program approval authority shall provide short-term residential therapeutic programs with due process protections when taking any of the actions described in paragraph (1). (f) The State Department of Health Care Services, in consultation with the State Department of Social Services, shall promulgate regulations regarding program standards, oversight, enforcement, issuance of mental health program approvals, including provisional approvals that are effective for a period of less than one year, and due process protections related to the mental health program approval process for short-term residential therapeutic programs. (g) (1) Except for mental health program approval of short-term residential therapeutic programs operated by a county, the State Department of Health Care Services may, upon the request of a county, delegate to that county mental health plan the mental health program approval of short-term residential therapeutic programs within its borders. (2) Any county to which mental health program approval is delegated pursuant to paragraph (1) shall be responsible for the oversight and enforcement of program standards and the provision of due process for approved and denied entities. (h) The State Department of Health Care Services or a county mental health plan to which the department has delegated mental health program approval authority shall notify the State Department of Social Services immediately upon the termination of any mental health program approval issued in accordance with subdivisions (b) and (d). (i) The State Department of Social Services shall notify the State Department of Health Care Services and, if applicable, a county to which the department has delegated mental health program approval authority, immediately upon the revocation of any license issued pursuant to Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code. (j) Revocation of a license or a mental health program approval or failure to meet the requirements of subdivision (c) of Section 1562.01 of the Health and Safety Code shall be a basis for rate termination. (k) (1) Notwithstanding subdivision (f), pursuant to Section 5963.05, the State Department of Health Care Services may develop and revise documentation standards to be consistent with the standards developed pursuant to paragraph (3) of subdivision (h) of Section 14184.402. (2) The department shall require short-term residential therapeutic programs to implement the documentation standards developed pursuant to paragraph (1) and shall monitor compliance with these standards as part of program reviews. (Amended by Stats. 2024, Ch. 948, Sec. 6. (AB 2119) Effective January 1, 2025.)
  22. 4096.55.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. Facility Licensing, Program Certification, and Ratesetting [4080 - 4096.6] ( Heading of Chapter 3 amended by Stats. 1991, Ch. 89, Sec. 36. ) ## ARTICLE 5. Programs for Seriously Emotionally Disturbed Children and Court Wards and Dependents [4094 - 4096.6] ( Article 5 added by Stats. 1991, Ch. 89, Sec. 47. )

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    The State Department of Social Services must provide nursing resources for certain short-term residential therapeutic programs, and it must issue guidance for statewide or regional nursing resources. If a child needs regular onsite nursing care, the placing agency must ensure the care is provided. Certain contracts for this section are exempt from specified contracting requirements.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. Facility Licensing, Program Certification, and Ratesetting [4080 - 4096.6] ( Heading of Chapter 3 amended by Stats. 1991, Ch. 89, Sec. 36. ) ## ARTICLE 5. Programs for Seriously Emotionally Disturbed Children and Court Wards and Dependents [4094 - 4096.6] ( Article 5 added by Stats. 1991, Ch. 89, Sec. 47. ) ## 4096.55. (a) The State Department of Social Services, in collaboration with the State Department of Health Care Services, shall make available nursing resources intended to assist short-term residential therapeutic programs with meeting the needs of any child, minor, or nonminor dependent residing in the program placed by a county child welfare agency or probation department. (b) Nursing resources established pursuant to this section may include both of the following: (1) A contract that provides for access to nursing services 24 hours a day, 7 days a week. (2) Any other nursing resources, as identified by the State Department of Social Services, in collaboration with the State Department of Health Care Services and in consultation with the Department of Finance, designed to assist short-term residential therapeutic programs to meet the medical needs of any child, minor, or nonminor dependent residing in the program placed by a county child welfare agency or probation department. (c) If a child requires regular onsite nursing care, the placing agency shall ensure the nursing care is provided, either by the provider consistent with their treatment model, or by the county arranging for that care to be provided utilizing their nursing resources. (d) (1) The State Department of Social Services, in collaboration with the State Department of Health Care Services, shall issue necessary guidance for the statewide or regional short-term residential therapeutic program nursing resources, including, but not limited to, implementation, data tracking, and claiming. (2) The guidance shall also provide information on how to access existing nursing resources for the provision of medically necessary onsite care for children, minors, and nonminor dependents placed by a county child welfare agency or probation department. (e) (1) Notwithstanding any other law, contracts awarded by the State Department of Social Services for purposes of this section shall be exempt from the personal services contracting requirements of Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the Government Code. (2) Notwithstanding any other law, contracts awarded by the State Department of Social Services for purposes of this section shall be exempt from the Public Contract Code and the State Contracting Manual and shall not be subject to the approval of the Department of General Services. (Added by Stats. 2021, Ch. 86, Sec. 33. (AB 153) Effective July 16, 2021.)
  23. 4096.6.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. Facility Licensing, Program Certification, and Ratesetting [4080 - 4096.6] ( Heading of Chapter 3 amended by Stats. 1991, Ch. 89, Sec. 36. ) ## ARTICLE 5. Programs for Seriously Emotionally Disturbed Children and Court Wards and Dependents [4094 - 4096.6] ( Article 5 added by Stats. 1991, Ch. 89, Sec. 47. )

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    This section requires counties and related county agencies to provide family-based aftercare services for certain youth, and it directs state departments to set standards, issue guidance, and review county plans.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. Facility Licensing, Program Certification, and Ratesetting [4080 - 4096.6] ( Heading of Chapter 3 amended by Stats. 1991, Ch. 89, Sec. 36. ) ## ARTICLE 5. Programs for Seriously Emotionally Disturbed Children and Court Wards and Dependents [4094 - 4096.6] ( Article 5 added by Stats. 1991, Ch. 89, Sec. 47. ) ## 4096.6. (a) For the purpose of this section, “family-based aftercare services” means an array of integrated services and supports that meets all of the following specifications: (1) Are provided to or on behalf of a child for at least six months postdischarge from a short-term residential therapeutic program, a community treatment facility, or an out-of-state residential facility, as defined by paragraph (2) of subdivision (b) of Section 7910 of the Family Code. Federal financial participation under the Medi-Cal program shall only be available if all state and federal requirements are met and the service is medically necessary, regardless of the six months postdischarge requirement. (2) Are family-based and implemented as part of an individualized, child-specific transition plan in a manner that supports the child’s permanency plan and incorporates the recommendations of the qualified individual. (3) No later than October 1, 2022, meet the standards established pursuant to subdivision (c). (b) (1) On and after October 1, 2021, each county child welfare agency, probation department, and mental health plan, in consultation with the local interagency leadership team established pursuant to Section 16521.6, shall jointly provide, arrange for, or ensure the provision of, at least six months of aftercare services for youth in the placement and care responsibility of the county child welfare or county probation agency who are discharged from a short-term residential therapeutic program, or from an out-of-state residential facility, as defined by paragraph (2) of subdivision (b) of Section 7910 of the Family Code, to a family-based setting. Federal financial participation under the Medi-Cal program shall only be available if all state and federal requirements are met and the service is medically necessary, regardless of the six months postdischarge requirement. (2) On and after July 1, 2022, each county child welfare agency, probation department, and mental health plan, in consultation with the local interagency leadership team established pursuant to Section 16521.6, shall jointly provide, arrange for, or ensure the provision of, at least six months of aftercare services for youth in the placement and care responsibility of the county child welfare or county probation agency who are discharged from a community treatment facility, as defined in subparagraph (A) of paragraph (8) of subdivision (a) of Section 1502 of the Health and Safety Code, to a family-based setting. Federal financial participation under the Medi-Cal program shall only be available if all state and federal requirements are met and the service is medically necessary, regardless of the six months postdischarge requirement. (3) No later than October 1, 2021, county agencies shall leverage existing wraparound programs and other resources to provide at least six months of family-based aftercare services, while planning and incrementally implementing the standards established pursuant to subdivision (c). (4) No later than October 1, 2023, or 12 months from the date the department issues written policy guidance regarding subdivision (c), whichever occurs later, county agencies shall jointly provide, arrange for, or ensure the provision of, at least 6 months of family-based aftercare services consistent with the minimum requirements established pursuant to subdivision (c). (c) (1) The State Department of Social Services and the State Department of Health Care Services shall establish, through regulation, statewide minimum standards for family-based aftercare services. Minimum standards shall be informed by stakeholder advisory groups convened by the State Department of Social Services and the State Department of Health Care Services and shall require, but shall not be limited to, all of the following: (A) The use of a California high-fidelity wraparound model, approved by the State Department of Social Services and consistent with the California Wraparound Standards and Chapter 4 (commencing with Section 18250) of Part 6 of Division 9, for aftercare services. (B) A process through which a provider shall be certified to provide family-based aftercare services. (C) Guidelines for ensuring each child, minor, or nonminor dependent discharged from a short-term residential therapeutic program, a community treatment facility, or an out-of-state residential facility, as defined by paragraph (2) of subdivision (b) of Section 7910 of the Family Code, to family-based care is provided aftercare services pursuant to this section, including process guidance for circumstances in which children, minors, or nonminor dependents reside outside the county of jurisdiction. (D) Workforce development, training, and curriculum requirements. (E) Funding planning, which shall include, but not be limited to, controls and documentation to ensure that federal financial participation under the Medi-Cal program is only claimed if all state and federal requirements are met and the service is medically necessary. (F) Data collection and outcome measures. (2) No later than August 1, 2021, the State Department of Social Services, in partnership with the State Department of Health Care Services and in consultation with the County Behavioral Health Directors Association of California, the County Welfare Directors Association of California, Chief Probation Officers of California, tribes, child welfare advocates, providers, current or former foster children or youth, caregivers, and other interested stakeholders, shall issue guidance necessary to implement this section. (d) Each county shall submit a plan to the State Department of Social Services and the State Department of Health Care Services for the provision of family-based aftercare services as follows: (1) No later than October 1, 2021, each county shall submit a plan for the provision of family-based aftercare services in compliance with paragraph (3) of subdivision (b), including, but not limited to, how existing programs and resources will be leveraged to provide interim aftercare services until full implementation of subdivision (c). (2) No later than October 1, 2023, or 12 months from the date the department issues written policy guidance regarding subdivision (c), whichever occurs later, each county shall update and submit its plan for the provision of family-based aftercare services in compliance with the requirements of paragraph (4) of subdivision (b) and consistent with the standards established pursuant to subdivision (c) and shall submit updates to the departments based on any modifications to its local plan. (3) The State Department of Social Services and the State Department of Health Care Services, or its designee, shall jointly review and approve county plans and updates to plans for family-based aftercare services. (4) A county participating in an individualized or wraparound services program shall submit the plan for family-based aftercare services as a part of the plan developed pursuant to Chapter 4 (commencing with Section 18250) of Part 6 of Division 9. (e) For this section, federal financial participation under the Medi-Cal program shall only be available if all state and federal requirements are met and the service is medically necessary, regardless of the six-month postdischarge requirement. (f) The State Department of Health Care Services may issue guidance on the conditions under which federal financial participation is available for Medi-Cal services that intersect with the implementation of this section. Medi-Cal services shall only be claimed to the extent that any necessary federal approvals are obtained and medical assistance federal financial participation is available and is not otherwise jeopardized. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the State Department of Health Care Services may implement, interpret, or make specific this section concerning the provision of Medi-Cal services by means of plan or all-county letters, information notices, plan or provider bulletins, or other similar instructions, without taking any further regulatory action. (g) (1) Notwithstanding any other law, contracts awarded by the State Department of Social Services for purposes of this section shall be exempt from the personal services contracting requirements of Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the Government Code. (2) Notwithstanding any other law, contracts awarded by the State Department of Social Services for purposes of this section shall be exempt from the Public Contract Code and the State Contracting Manual and shall not be subject to the review or approval of the Department of General Services. (3) This subdivision shall become inoperative on July 1, 2025, unless a later enacted statute, that becomes operative on or before July 1, 2025, deletes or extends the date on which this subdivision becomes inoperative. (Amended by Stats. 2022, Ch. 50, Sec. 36. (SB 187) Effective June 30, 2022.)
  24. 4097.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 4. Brandon’s Law [4097- 4097.] ( Chapter 4 added by Stats. 2021, Ch. 447, Sec. 2. )

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    Licensed psychiatric or mental health facility operators must not make false or misleading marketing statements or website content, and the licensing department may investigate violations and impose sanctions.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 4. Brandon’s Law [4097- 4097.] ( Chapter 4 added by Stats. 2021, Ch. 447, Sec. 2. ) ## 4097. (a) The Legislature recognizes that some consumers with mental health diagnoses have disabling conditions, and that these consumers and their families are vulnerable and at risk of being easily victimized by fraudulent marketing practices that adversely impact the delivery of health care. (b) To protect the health, safety, and welfare of this vulnerable population, an operator of a licensed psychiatric or mental health facility, as defined in subdivision (c), shall not do any of the following: (1) Make a false or misleading statement or provide false or misleading information about the entity’s products, goods, services, or geographical locations in its marketing, advertising materials, or media, or on its internet website or on a third-party internet website. (2) Make a false or misleading statement or provide false or misleading information about medical treatments or medical services offered in its marketing, advertising materials, or media, or on its internet website, on a third-party internet website, or in its social media presence. (3) Include on its internet website a picture, description, staff information, or the location of an entity, along with false contact information that surreptitiously directs the reader to a business that does not have a contract with the entity. (4) Include on its internet website false information or an electronic link that provides false information or surreptitiously directs the reader to another internet website. (c) A licensed psychiatric or mental health facility subject to this section includes all of the following: (1) A mental health rehabilitation center, as defined in Section 5675. (2) A psychiatric health facility, as defined in Section 1250.2 of the Health and Safety Code. (3) A social rehabilitation facility, as defined in Section 1502 of the Health and Safety Code. (d) The department responsible for the licensing and regulation of the facility may investigate an allegation of a violation of this section and, upon finding a violation of this section, or any regulation adopted to enforce this section, may impose one or more of the sanctions described in Section 1548 of the Health and Safety Code, and Sections 4080 and 5675.1 of this code, in accordance with regulations adopted pursuant to those sections. A violation of this section shall not constitute a crime. (Amended by Stats. 2022, Ch. 172, Sec. 2. (SB 1165) Effective January 1, 2023.)
  25. 4098.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 6. Suicide Prevention Programs [4098 - 4098.5] ( Chapter 6 added by Stats. 2000, Ch. 93, Sec. 44.5. )

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    This section states legislative findings about suicide prevention and the need for state strategies, training, collaboration, and access restriction measures.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 6. Suicide Prevention Programs [4098 - 4098.5] ( Chapter 6 added by Stats. 2000, Ch. 93, Sec. 44.5. ) ## 4098. The Legislature finds and declares all of the following: (a) The Surgeon General of the United States has described suicide prevention as a serious public health priority, and has called upon each state to develop a strategy for suicide prevention using a public health approach. (b) In 1996, 3,401 Californians lost their lives to suicide, an average of nine residents per day. It is estimated that there are between 75,000 and 100,000 suicide attempts in California every year. 11 percent of all suicides in the nation take place in California. (c) Adolescents are far more likely to attempt suicide than their older California counterparts. Data indicate that there are 100 attempts for every adolescent suicide completed. In 1996, 207 California youth died by suicide. Using this estimate, there were likely more than 20,000 suicide attempts made by California adolescents, and approximately 20 percent of all the estimated suicide attempts occurred in California. (d) Of all of the violent deaths associated with schools nationwide since 1992, 14 percent were suicides. (e) Homicide and suicide rank as the third and fifth leading causes of death for youth, respectively. Both are preventable. While the death rates for unintentional injuries decreased by more than 40 percent between 1979 and 1996, the death rates for homicide and suicide increased for youth. Evidence is growing in terms of the links between suicide and other forms of violence. This provides compelling reasons for broadening the state’s scope in identifying risk factors for self-harmful behavior. The number of estimated youth suicide attempts; and the growing concerns of youth violence can best be addressed through the implementation of successful gatekeeper training programs to identify and refer youth at risk for self-harmful behavior. (f) The American Association of Suicidology (AAS) conservatively estimates that the lives of at least six persons related to or connected to individuals who attempt or complete suicide are impacted. Using these estimates, in 1996, more than 600,000 Californians, or 1,644 individuals per day, struggled to cope with the impact of suicide. (g) Restriction of access to lethal means significantly reduces the number of successful suicides. (h) Actual incidents of suicide attempts are expected to be higher than reported because attempts not requiring medical attention are less likely to be reported. The underreporting of suicide completion is also likely since suicide classification involves conclusions regarding the intent of the deceased. The stigma associated with suicide is also likely to contribute to underreporting. (i) Without interagency collaboration and support for proven, community-based, culturally competent suicide prevention and intervention programs, occurrences of suicide are likely to rise. (Added by Stats. 2000, Ch. 93, Sec. 44.5. Effective July 7, 2000.)
  26. 4098.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 6. Suicide Prevention Programs [4098 - 4098.5] ( Chapter 6 added by Stats. 2000, Ch. 93, Sec. 44.5. )

    Verify source ↗

    This chapter is called the California Suicide Prevention Act of 2000.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 6. Suicide Prevention Programs [4098 - 4098.5] ( Chapter 6 added by Stats. 2000, Ch. 93, Sec. 44.5. ) ## 4098.1. This chapter shall be known and may be cited as the California Suicide Prevention Act of 2000. (Amended by Stats. 2001, Ch. 159, Sec. 190. Effective January 1, 2002.)
  27. 4098.2.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 6. Suicide Prevention Programs [4098 - 4098.5] ( Chapter 6 added by Stats. 2000, Ch. 93, Sec. 44.5. )

    Verify source ↗

    The State Department of Health Care Services may set up and run a suicide prevention, education, and gatekeeper training program if budget money is appropriated, and it must base the program on existing nonprofit suicide prevention programs and approved public health models.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 6. Suicide Prevention Programs [4098 - 4098.5] ( Chapter 6 added by Stats. 2000, Ch. 93, Sec. 44.5. ) ## 4098.2. (a) The State Department of Health Care Services, contingent upon appropriation in the annual Budget Act, may establish and implement a suicide prevention, education, and gatekeeper training program to reduce the severity, duration, and incidence of suicidal behaviors. (b) In developing and implementing the components of this program, the department shall build upon the existing network of nonprofit suicide prevention programs in the state, and shall utilize the expertise of existing suicide prevention programs that meet any of the following criteria: (1) Have been identified by a county as providing suicide prevention services for that county. (2) Are certified by the American Association of Suicidology. (3) Meet criteria for suicide prevention programs that may be established by the department. (c) The program established by this section shall be consistent with the public health model proposed by the Surgeon General of the United States, and the system of care approach pursuant to the Bronzan-McCorquodale Act (Part 2 (commencing with Section 5600) of Division 5). (Amended by Stats. 2012, Ch. 34, Sec. 71. (SB 1009) Effective June 27, 2012.)
  28. 4098.3.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 6. Suicide Prevention Programs [4098 - 4098.5] ( Chapter 6 added by Stats. 2000, Ch. 93, Sec. 44.5. )

    Verify source ↗

    The department may contract with an outside agency to run a targeted public awareness and education campaign on suicide prevention and treatment.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 6. Suicide Prevention Programs [4098 - 4098.5] ( Chapter 6 added by Stats. 2000, Ch. 93, Sec. 44.5. ) ## 4098.3. The department may contract with an outside agency to establish and implement a targeted public awareness and education campaign on suicide prevention and treatment. Target populations shall include junior high and high school students, as well as other selected populations known to be at high risk of suicide. (Added by Stats. 2000, Ch. 93, Sec. 44.5. Effective July 7, 2000.)
  29. 4098.4.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 6. Suicide Prevention Programs [4098 - 4098.5] ( Chapter 6 added by Stats. 2000, Ch. 93, Sec. 44.5. )

    Verify source ↗

    The department may contract with qualified local mental health organizations and professionals to develop an evidence-based suicide assessment and prevention program.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 6. Suicide Prevention Programs [4098 - 4098.5] ( Chapter 6 added by Stats. 2000, Ch. 93, Sec. 44.5. ) ## 4098.4. (a) The department may contract with local mental health organizations and professionals with expertise in the assessment and treatment of suicidal behaviors to develop an evidence-based assessment and prevention program for suicide that may be integrated with local mental health departments or replicated by public or private suicide treatment programs, or both. (b) This component may include the creation of guidebooks and training protocols to improve the intervention capabilities of caregivers who work with individuals at risk of suicide. Applicants may reflect several gatekeeper training models that can be replicated in other communities. (Added by Stats. 2000, Ch. 93, Sec. 44.5. Effective July 7, 2000.)
  30. 4098.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 6. Suicide Prevention Programs [4098 - 4098.5] ( Chapter 6 added by Stats. 2000, Ch. 93, Sec. 44.5. )

    Verify source ↗

    The department may create or contract for a multicounty, 24-hour centralized suicide crisis line network, and the crisis line must connect people at risk of suicide with local prevention and treatment resources.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 6. Suicide Prevention Programs [4098 - 4098.5] ( Chapter 6 added by Stats. 2000, Ch. 93, Sec. 44.5. ) ## 4098.5. The department may establish and implement, or contract with an outside agency for the development of a multicounty, 24-hour, centralized suicide crisis line integrated network. Existing crisis lines that meet specifications of the department and the American Association of Suicidology may be included in this integrated network. The crisis line established under this section shall link persons at risk of committing suicide with local suicide prevention and treatment resources. (Added by Stats. 2000, Ch. 93, Sec. 44.5. Effective July 7, 2000.)
  31. 4100.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4100 - 4148] ( Heading of Chapter 1 renamed from Article 1 (of former Chapter 2) by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The Department of State Hospitals has jurisdiction over listed facilities, and the Director of State Hospitals may adopt emergency regulations to implement the subdivision.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4100 - 4148] ( Heading of Chapter 1 renamed from Article 1 (of former Chapter 2) by Stats. 1977, Ch. 1252. ) ## 4100. The department has jurisdiction over the following facilities: (a) Atascadero State Hospital. (b) Coalinga State Hospital. (c) Metropolitan State Hospital. (d) Napa State Hospital. (e) Patton State Hospital. (f) (1) The Admission, Evaluation, and Stabilization (AES) Center in the County of Kern, and other AES Centers as defined by regulation. (2) The Director of State Hospitals may adopt emergency regulations in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division of 3 of Title 2 of the Government Code) to implement this subdivision. The adoption of emergency regulations under this paragraph is deemed to address an emergency, for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the Director of State Hospitals is hereby exempted for this purpose from the requirements of subdivision (b) of Section 11346.1 of the Government Code. (g) A county jail treatment facility under contract with the State Department of State Hospitals to provide competency restoration services. (h) A facility under contract with the State Department of State Hospitals pursuant to Section 4361.6, excluding community-based restoration of competency services that are operated by the county. (i) Any other State Department of State Hospitals facility subject to available funding by the Legislature. (Amended by Stats. 2021, Ch. 143, Sec. 348. (AB 133) Effective July 27, 2021.)
  32. 4100.2.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4100 - 4148] ( Heading of Chapter 1 renamed from Article 1 (of former Chapter 2) by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The department must give the Legislature’s fiscal committees a fiscal estimate package each year, by January 10 and again at the Governor’s May Revision, covering the current and budget year for state hospitals.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4100 - 4148] ( Heading of Chapter 1 renamed from Article 1 (of former Chapter 2) by Stats. 1977, Ch. 1252. ) ## 4100.2. (a) Commencing January 10, 2009, and each year thereafter, the State Department of Mental Health, or its successor, the State Department of State Hospitals, shall provide the fiscal committees of the Legislature with a fiscal estimate package for the current year and budget year for the state hospitals by January 10 and at the time of the Governor’s May Revision. (b) At a minimum, the estimate package shall address patient caseload by commitment category, non-level-of-care and level-of-care staffing requirements, and operating expenses and equipment. (c) In addition to subdivision (b), each estimate submitted shall include all of the following: (1) A statement articulating the assumptions and methodologies used for calculating the patient caseload factors, all staffing costs, and operating expenses and equipment. (2) Where applicable, individual policy changes shall contain a narrative and basis for its proposed and estimated costs. (3) Fiscal bridge charts shall be included to provide the basis for the year-to-year changes. (d) The department may provide any additional information as deemed appropriate to provide a comprehensive fiscal perspective to the Legislature for analysis and deliberations for purposes of appropriation. (Amended by Stats. 2012, Ch. 24, Sec. 78. (AB 1470) Effective June 27, 2012.)
  33. 4100.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4100 - 4148] ( Heading of Chapter 1 renamed from Article 1 (of former Chapter 2) by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The department may contract with the State Department of Developmental Services to provide services for persons with mental disorders in state hospitals under that department’s jurisdiction.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4100 - 4148] ( Heading of Chapter 1 renamed from Article 1 (of former Chapter 2) by Stats. 1977, Ch. 1252. ) ## 4100.5. The department may contract with the State Department of Developmental Services to provide services to persons with mental disorders in state hospitals under the jurisdiction of the State Department of Developmental Services. (Added by Stats. 1978, Ch. 429.)
  34. 4101.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4100 - 4148] ( Heading of Chapter 1 renamed from Article 1 (of former Chapter 2) by Stats. 1977, Ch. 1252. )

    Verify source ↗

    Institutions under the State Department of State Hospitals must follow the Department’s uniform rules and regulations, and this chapter applies to their conduct and management unless another code provision specifically says otherwise.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4100 - 4148] ( Heading of Chapter 1 renamed from Article 1 (of former Chapter 2) by Stats. 1977, Ch. 1252. ) ## 4101. Except as otherwise specifically provided elsewhere in this code, all of the institutions under the jurisdiction of the State Department of State Hospitals shall be governed by uniform rule and regulation of the State Department of State Hospitals and all of the provisions of this chapter shall apply to the conduct and management of those institutions. (Amended by Stats. 2012, Ch. 24, Sec. 79. (AB 1470) Effective June 27, 2012.)
  35. 4101.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4100 - 4148] ( Heading of Chapter 1 renamed from Article 1 (of former Chapter 2) by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The Department of State Hospitals may contract with health care providers, and it must follow set Medicare-based reimbursement limits for certain hospital, physician, and ambulance services.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4100 - 4148] ( Heading of Chapter 1 renamed from Article 1 (of former Chapter 2) by Stats. 1977, Ch. 1252. ) ## 4101.5. (a) Notwithstanding any other law, the State Department of State Hospitals may contract with providers of health care services and health care network providers, including, but not limited to, health plans, preferred provider organizations, and other health care network managers. Hospitals that do not contract with the department for emergency health care services shall provide these services to the department on the same basis as they are required to provide these services pursuant to Section 489.24 of Title 42 of the Code of Federal Regulations. (b) The department may only reimburse a noncontract provider of hospital or physician services at a rate equal to or less than the amount payable under the Medicare Fee Schedule, regardless of whether the hospital is located within or outside of California. An entity that provides ambulance or any other emergency or nonemergency response service to the department, and that does not contract with the department for that service, shall be reimbursed for the service at the rate payable under the Medicare Fee Schedule, regardless of whether the provider is located within or outside of California. (c) Until regulations or emergency regulations are adopted in accordance with subdivision (g), the department shall not reimburse a contract provider of hospital services at a rate that exceeds 130 percent of the amount payable under the Medicare Fee Schedule, a contract provider of physician services at a rate that exceeds 110 percent of the amount payable under the Medicare Fee Schedule, or a contract provider of ambulance services at a rate that exceeds 120 percent of the amount payable under the Medicare Fee Schedule. The maximum rates established by this subdivision shall not apply to reimbursement for administrative days, transplant services, services provided pursuant to competitively bid contracts, or services provided pursuant to a contract executed prior to September 1, 2009. (d) The maximum rates set forth in this section shall not apply to contracts entered into through the department’s designated health care network provider, if any. The rates for those contracts shall be negotiated at the lowest rate possible under the circumstances. (e) The department and its designated health care network provider may enter into exclusive or nonexclusive contracts on a bid or negotiated basis for hospital, physician, and ambulance services contracts. (f) The Director of State Hospitals may adopt regulations to implement this section. The adoption, amendment, or repeal of a regulation authorized by this section is hereby exempted from the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). (g) The Director of State Hospitals may change the maximum rates set forth in this section by regulation or emergency regulation, adopted in accordance with the Administrative Procedure Act, but no sooner than 30 days after notification to the Joint Legislative Budget Committee. Those changes may include, but are not limited to, increasing or decreasing rates, or adding location-based differentials such as those provided to small and rural hospitals as defined in Section 124840 of the Health and Safety Code. The adoption, amendment, repeal, or readoption of a regulation authorized by this subdivision is deemed to address an emergency, for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the director is hereby exempted for this purpose from the requirements of subdivision (b) of Section 11346.1 of the Government Code. (h) For persons who are transferred from the Department of Corrections and Rehabilitation to, or are housed in, a state hospital or psychiatric program under the jurisdiction of the State Department of State Hospitals, and while these persons remain under the jurisdiction of the Department of Corrections and Rehabilitation as inmates or parolees, health care or emergency services provided for these persons outside of a State Department of State Hospitals state hospital or psychiatric program shall continue to be paid for or reimbursed by the Department of Corrections and Rehabilitation in accordance with Section 5023.5 of the Penal Code. (Amended by Stats. 2012, Ch. 24, Sec. 80. (AB 1470) Effective June 27, 2012.)
  36. 4102.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4100 - 4148] ( Heading of Chapter 1 renamed from Article 1 (of former Chapter 2) by Stats. 1977, Ch. 1252. )

    Verify source ↗

    Each state hospital is a corporation.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4100 - 4148] ( Heading of Chapter 1 renamed from Article 1 (of former Chapter 2) by Stats. 1977, Ch. 1252. ) ## 4102. Each state hospital is a corporation. (Repealed and added by Stats. 1967, Ch. 1667.)
  37. 4103.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4100 - 4148] ( Heading of Chapter 1 renamed from Article 1 (of former Chapter 2) by Stats. 1977, Ch. 1252. )

    Verify source ↗

    Each such corporation may acquire and hold property in its corporate name by gift, grant, devise, or bequest, so long as the property is used for patient maintenance and the corporation’s general use.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4100 - 4148] ( Heading of Chapter 1 renamed from Article 1 (of former Chapter 2) by Stats. 1977, Ch. 1252. ) ## 4103. Each such corporation may acquire and hold in its corporate name by gift, grant, devise, or bequest property to be applied to the maintenance of the patients of the hospital and for the general use of the corporation. (Repealed and added by Stats. 1967, Ch. 1667.)
  38. 4104.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4100 - 4148] ( Heading of Chapter 1 renamed from Article 1 (of former Chapter 2) by Stats. 1977, Ch. 1252. )

    Verify source ↗

    Lands needed for the specified state hospitals must be acquired by condemnation unless they are obtained by gift, devise, or purchase. Purchase terms must be approved by the State Department of State Hospitals. Public streets or roads for railway or other purposes may not be opened through state hospital lands unless the Legislature specially consents, except for hospital use.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4100 - 4148] ( Heading of Chapter 1 renamed from Article 1 (of former Chapter 2) by Stats. 1977, Ch. 1252. ) ## 4104. All lands necessary for the use of the state hospitals specified in Section 4100, except those acquired by gift, devise, or purchase, shall be acquired by condemnation as lands for other public uses are acquired. The terms of every purchase shall be approved by the State Department of State Hospitals. No public street or road for railway or other purposes, except for hospital use, shall be opened through the lands of any state hospital, unless the Legislature by special enactment consents thereto. (Amended by Stats. 2012, Ch. 24, Sec. 81. (AB 1470) Effective June 27, 2012.)
  39. 4105.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4100 - 4148] ( Heading of Chapter 1 renamed from Article 1 (of former Chapter 2) by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The Director of General Services must grant the County of San Bernardino the easements and rights-of-way needed for a public road on Patton State Hospital property, subject to terms, conditions, and restrictions the Director considers in the state’s best interests.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4100 - 4148] ( Heading of Chapter 1 renamed from Article 1 (of former Chapter 2) by Stats. 1977, Ch. 1252. ) ## 4105. The Director of General Services shall grant to the County of San Bernardino under such terms, conditions, and restrictions as he or she deems to be for the best interests of the state, the necessary easements and rights-of-way for all purposes of a public road on the Patton State Hospital property. The right-of-way shall be across, along, and upon the following described property: The east 40 feet of the east one-half of the northwest one-quarter of Section 32, Township 1 North, Range 3 West, San Bernardino Base and Meridian, in the County of San Bernardino, State of California. (Added by renumbering Section 4445.5 by Stats. 1986, Ch. 224, Sec. 9. Effective June 30, 1986.)
  40. 4106.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4100 - 4148] ( Heading of Chapter 1 renamed from Article 1 (of former Chapter 2) by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The Director of General Services may grant the County of Napa a right-of-way for a public road over part of the Napa State Hospital lands, if the State Department of State Hospitals consents.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4100 - 4148] ( Heading of Chapter 1 renamed from Article 1 (of former Chapter 2) by Stats. 1977, Ch. 1252. ) ## 4106. Notwithstanding the provisions of Section 4104, the Director of General Services, with the consent of the State Department of State Hospitals, may grant to the County of Napa a right-of-way for public road purposes over the northerly portion of the Napa State Hospital lands for the widening of Imola Avenue between Penny Lane and Fourth Avenue, upon such terms and conditions as the Director of General Services may deem for the best interests of the state. (Amended by Stats. 2012, Ch. 24, Sec. 82. (AB 1470) Effective June 27, 2012.)
  41. 4107.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4100 - 4148] ( Heading of Chapter 1 renamed from Article 1 (of former Chapter 2) by Stats. 1977, Ch. 1252. )

    Verify source ↗

    This section assigns security responsibility for certain committed patients at Patton State Hospital, requires a transfer plan and related transmittal, caps the hospital’s patient population, and creates a temporary higher-capacity allowance until September 2030.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4100 - 4148] ( Heading of Chapter 1 renamed from Article 1 (of former Chapter 2) by Stats. 1977, Ch. 1252. ) ## 4107. (a) The security of patients committed pursuant to Section 1026 of, and Chapter 6 (commencing with Section 1367) of Title 10 of Part 2 of, the Penal Code, and former Sections 6316 and 6321, at Patton State Hospital shall be the responsibility of the Secretary of the Department of Corrections and Rehabilitation. (b) The Department of Corrections and Rehabilitation and the State Department of Mental Health shall jointly develop a plan to transfer all patients committed to Patton State Hospital pursuant to the provisions in subdivision (a) from Patton State Hospital no later than January 1, 1986, and shall transmit this plan to the Senate Committee on Judiciary and to the Assembly Committee on Criminal Justice, and to the Senate Health and Welfare Committee and Assembly Health Committee by June 30, 1983. The plan shall address whether the transferred patients shall be moved to other state hospitals or to correctional facilities, or both, for commitment and treatment. (c) Notwithstanding any other law, the State Department of State Hospitals shall house no more than 1,336 patients at Patton State Hospital. However, until September 2030, up to 1,530 patients may be housed at the hospital. (d) This section shall remain in effect only until all patients committed, pursuant to the provisions enumerated in subdivision (a), have been removed from Patton State Hospital and shall have no force or effect on or after that date. (Amended by Stats. 2020, Ch. 12, Sec. 38. (AB 80) Effective June 29, 2020. Section inoperative on date prescribed by its own provisions.)
  42. 4107.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4100 - 4148] ( Heading of Chapter 1 renamed from Article 1 (of former Chapter 2) by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The State Department of State Hospitals must provide internal security for patients at Patton State Hospital and may use hospital police to do so.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4100 - 4148] ( Heading of Chapter 1 renamed from Article 1 (of former Chapter 2) by Stats. 1977, Ch. 1252. ) ## 4107.1. Consistent with the authority of the State Department of State Hospitals to maintain and operate state hospitals under its jurisdiction, the State Department of State Hospitals shall provide internal security for the patient population at Patton State Hospital. The State Department of State Hospitals may employ hospital police at Patton State Hospital for this purpose. This section is not intended to increase or decrease the duties and responsibilities of the Department of Corrections and Rehabilitation at Patton State Hospital. (Amended by Stats. 2012, Ch. 24, Sec. 84. (AB 1470) Effective June 27, 2012.)
  43. 4109.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4100 - 4148] ( Heading of Chapter 1 renamed from Article 1 (of former Chapter 2) by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The State Department of State Hospitals has control over each state hospital covered here and must protect the hospital’s interests, carry out its purpose, rules, and regulations, establish needed bylaws and regulations, and inspect the hospital effectively.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4100 - 4148] ( Heading of Chapter 1 renamed from Article 1 (of former Chapter 2) by Stats. 1977, Ch. 1252. ) ## 4109. The State Department of State Hospitals has general control and direction of the property and concerns of each state hospital specified in Section 4100. The department shall: (a) Take care of the interests of the hospital, and see that its purpose and its bylaws, rules, and regulations are carried into effect, according to law. (b) Establish such bylaws, rules, and regulations as it deems necessary and expedient for regulating the duties of officers and employees of the hospital, and for its internal government, discipline, and management. (c) Maintain an effective inspection of the hospital. (Amended by Stats. 2012, Ch. 24, Sec. 85. (AB 1470) Effective June 27, 2012.)
  44. 4109.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4100 - 4148] ( Heading of Chapter 1 renamed from Article 1 (of former Chapter 2) by Stats. 1977, Ch. 1252. )

    Verify source ↗

    If a state hospital closure is proposed, the department and Director of State Hospitals must submit closure plans and related details to the Legislature, and the plan cannot take effect without specific legislative approval.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4100 - 4148] ( Heading of Chapter 1 renamed from Article 1 (of former Chapter 2) by Stats. 1977, Ch. 1252. ) ## 4109.5. (a) Whenever the department proposes the closure of a state hospital, it shall submit as part of the Governor’s proposed budget to the Legislature a complete program, to be developed jointly by the State Department of State Hospitals and the county in which the state hospital is located, for absorbing as many of the staff of the hospital into the local mental health programs as may be needed by the county. Those programs shall include a redefinition of occupational positions, if necessary, and a recognition by the counties of licensed psychiatric technicians for treatment of persons with developmental disabilities, persons with mental health disorders, drug abusers, and alcoholics. (b) The Director of State Hospitals shall submit all plans for the closure of state hospitals as a report with the department’s budget. This report shall include all of the following: (1) The land and buildings affected. (2) The number of patients affected. (3) Alternative plans for patients presently in the facilities. (4) Alternative plans for patients who would have been served by the facility assuming it was not closed. (5) A joint statement of the impact of the closure by the department and affected local treatment programs. (c) These plans may be submitted to the Legislature until April 1 of each budget year. Plans submitted after that date shall not be considered until the fiscal year following that in which it was submitted. (d) The plan shall not be placed into effect unless the Legislature specifically approves the plan. (e) This section shall not apply to the proposed closure of a developmental center. (Amended by Stats. 2014, Ch. 144, Sec. 65. (AB 1847) Effective January 1, 2015.)
  45. 4110.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4100 - 4148] ( Heading of Chapter 1 renamed from Article 1 (of former Chapter 2) by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The executive director must prepare detailed hospital expenditure estimates and submit them to the State Department of State Hospitals, which may revise them and then certify and carry out the approved expenditures and improvements.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4100 - 4148] ( Heading of Chapter 1 renamed from Article 1 (of former Chapter 2) by Stats. 1977, Ch. 1252. ) ## 4110. The executive director shall provide detailed expenditure estimates of all anticipated hospital expenditures, all supplies, expenses, buildings, and improvements as required for the best interests of the hospital, and for the improvement of the hospital and of the grounds and buildings connected with the hospital. These estimates shall be submitted to the State Department of State Hospitals, which may revise them. The department shall certify that it has carefully examined the estimates, and that the supplies, expenses, buildings, and improvements contained in the estimates, as approved by it, are required for the best interests of the hospital. The department shall thereupon proceed to purchase the supplies, make the expenditures, or conduct the improvements or buildings in accordance with law. (Amended by Stats. 2012, Ch. 24, Sec. 87. (AB 1470) Effective June 27, 2012.)
  46. 4111.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4100 - 4148] ( Heading of Chapter 1 renamed from Article 1 (of former Chapter 2) by Stats. 1977, Ch. 1252. )

    Verify source ↗

    State hospitals may manufacture needed supplies and materials if they can do so economically, but a hospital needs permission from the State Department of State Hospitals before manufacturing.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4100 - 4148] ( Heading of Chapter 1 renamed from Article 1 (of former Chapter 2) by Stats. 1977, Ch. 1252. ) ## 4111. The state hospitals may manufacture supplies and materials necessary or required to be used in any of the state hospitals which can be economically manufactured therein. The necessary cost and expense of providing for and conducting the manufacture of such supplies and materials shall be paid in the same manner as other expenses of the hospitals. No hospital shall enter into or engage in manufacturing any supplies or materials unless permission for the same is obtained from the State Department of State Hospitals. If, at any time, it appears to the department that the manufacture of any article is not being or cannot be economically carried on at a state hospital, the department may suspend or stop the manufacture of the article, and on receipt of a certified copy of the order directing the suspension or stopping of its manufacture, by the medical superintendent, the hospital shall cease from manufacturing the article. (Amended by Stats. 2012, Ch. 24, Sec. 88. (AB 1470) Effective June 27, 2012.)
  47. 4112.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4100 - 4148] ( Heading of Chapter 1 renamed from Article 1 (of former Chapter 2) by Stats. 1977, Ch. 1252. )

    Verify source ↗

    State hospitals must deposit most state money they receive into the State Treasury each month, except appropriations and industrial or amusement funds. The State Department of State Hospitals also receives a continuous General Fund appropriation for certain Medicare premium costs, with a stated intent that those expenditures not exceed related Medicare proceeds in a fiscal year.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4100 - 4148] ( Heading of Chapter 1 renamed from Article 1 (of former Chapter 2) by Stats. 1977, Ch. 1252. ) ## 4112. (a) All money belonging to the state and received by state hospitals from any source, except appropriations, shall, at the end of each month, be deposited in the State Treasury, to the credit of the General Fund. This section shall not apply to the funds known as the industrial or amusement funds. (b) There is hereby continuously appropriated from the General Fund to the State Department of State Hospitals that amount which is necessary to pay the premium, as specified in Section 7353, for third-party health coverage for Medicare beneficiaries who are patients at state hospitals under the jurisdiction of the State Department of State Hospitals. It is the intent of the Legislature that the General Fund expenditures authorized by this subdivision not exceed the proceeds to be deposited in the General Fund from Medicare payments to the State Department of State Hospitals in any fiscal year. (Amended by Stats. 2012, Ch. 24, Sec. 89. (AB 1470) Effective June 27, 2012.)
  48. 4112.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4100 - 4148] ( Heading of Chapter 1 renamed from Article 1 (of former Chapter 2) by Stats. 1977, Ch. 1252. )

    Verify source ↗

    Section 4112 does not apply to sheltered workshop funds.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4100 - 4148] ( Heading of Chapter 1 renamed from Article 1 (of former Chapter 2) by Stats. 1977, Ch. 1252. ) ## 4112.1. Section 4112 does not apply to the funds known as the “sheltered workshop funds.” (Added by Stats. 1969, Ch. 722.)
  49. 4113.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4100 - 4148] ( Heading of Chapter 1 renamed from Article 1 (of former Chapter 2) by Stats. 1977, Ch. 1252. )

    Verify source ↗

    State hospitals and their officers must provide financial statements to the Controller as required by the Controller.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4100 - 4148] ( Heading of Chapter 1 renamed from Article 1 (of former Chapter 2) by Stats. 1977, Ch. 1252. ) ## 4113. The state hospitals and the officers thereof shall make such financial statements to the Controller as the Controller requires. (Repealed and added by Stats. 1967, Ch. 1667.)
  50. 4114.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4100 - 4148] ( Heading of Chapter 1 renamed from Article 1 (of former Chapter 2) by Stats. 1977, Ch. 1252. )

    Verify source ↗

    Hospital officials must send admission records and property lists to the department within 10 days of admission, and send discharge, transfer, or death information within 3 days.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4100 - 4148] ( Heading of Chapter 1 renamed from Article 1 (of former Chapter 2) by Stats. 1977, Ch. 1252. ) ## 4114. The executive director or other person in charge of a hospital shall, within 10 days after the admission of any person to the hospital, cause an abstract of the medical certificate and order on which the person was received and a list of all property, books, and papers of value found in the possession of or belonging to the person to be forwarded to the office of the department, and when a patient is discharged, transferred, or dies, the superintendent or person in charge shall within three days thereafter, send the information to the office of the department, in accordance with the form prescribed by it. (Amended by Stats. 2012, Ch. 24, Sec. 90. (AB 1470) Effective June 27, 2012.)
  51. 4115.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4100 - 4148] ( Heading of Chapter 1 renamed from Article 1 (of former Chapter 2) by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The department may allow a religious or missionary corporation or society to build on state hospital grounds for religious services, subject to conditions and regulations it imposes.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4100 - 4148] ( Heading of Chapter 1 renamed from Article 1 (of former Chapter 2) by Stats. 1977, Ch. 1252. ) ## 4115. The department may permit, subject to such conditions and regulations as it may impose, any religious or missionary corporation or society to erect a building on the grounds of any state hospital for the holding of religious services. Each such building when erected shall become the property of the state and shall be used exclusively for the benefit of the patients and employees of the state hospital. (Repealed and added by Stats. 1967, Ch. 1667.)
  52. 4116.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4100 - 4148] ( Heading of Chapter 1 renamed from Article 1 (of former Chapter 2) by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The department may establish and supervise training schools or courses for its employees and for employees of state institutions under its jurisdiction, subject to its rules and regulations.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4100 - 4148] ( Heading of Chapter 1 renamed from Article 1 (of former Chapter 2) by Stats. 1977, Ch. 1252. ) ## 4116. The department may establish and supervise under its rules and regulations training schools or courses for employees of the department or of state institutions under its jurisdiction. (Repealed and added by Stats. 1967, Ch. 1667.)
  53. 4117.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4100 - 4148] ( Heading of Chapter 1 renamed from Article 1 (of former Chapter 2) by Stats. 1977, Ch. 1252. )

    Verify source ↗

    This section requires county officials to prepare and certify cost statements for certain state hospital-related trials and hearings, and sets out which government entity must pay the approved costs.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4100 - 4148] ( Heading of Chapter 1 renamed from Article 1 (of former Chapter 2) by Stats. 1977, Ch. 1252. ) ## 4117. (a) Whenever a trial is had of any person charged with escape or attempt to escape from a state hospital, whenever a hearing is had on the return of a writ of habeas corpus prosecuted by or on behalf of any person confined in a state hospital except in a proceeding to which Section 5110 applies, whenever a hearing is had on a petition under Section 1026.2, subdivision (b) of Section 1026.5, Section 2966, or Section 2972 of the Penal Code, Section 7361 of this code, or former Section 6316.2 of this code for the release of a person confined in a state hospital, whenever a hearing is had for an order seeking involuntary treatment with psychotropic medication, or any other medication for which an order is required, of a person confined in a state hospital pursuant to Section 2962 of the Penal Code, and whenever a person confined in a state hospital is tried for a crime committed therein, the appropriate financial officer or other designated official of the county in which the trial or hearing is had shall make out a statement of all mental health treatment costs and shall make out a separate statement of all nontreatment costs incurred by the county for investigation and other preparation for the trial or hearing, and the actual trial or hearing, all costs of maintaining custody of the patient and transporting him or her to and from the hospital, and costs of appeal. The statements shall be properly certified by a judge of the superior court of that county. The statement of mental health treatment costs shall be sent to the State Department of State Hospitals and the statement of all nontreatment costs, except as provided in subdivision (c), shall be sent to the Controller for approval. After approval, the department shall cause the amount of mental health treatment costs incurred on or after July 1, 1987, to be paid to the county behavioral health director or his or her designee when the trial or hearing was held out of the money appropriated for this purpose by the Legislature. In addition, the Controller shall cause the amount of all nontreatment costs incurred on and after July 1, 1987, to be paid out of the money appropriated by the Legislature, to the county treasurer of the county where the trial or hearing was had. (b) Commencing January 1, 2012, the nontreatment costs associated with Section 2966 of the Penal Code and approved by the Controller, as required by subdivision (a), shall be paid by the Department of Corrections and Rehabilitation pursuant to Section 4750 of the Penal Code. (c) The nontreatment costs associated with any hearing for an order seeking involuntary treatment with psychotropic medication, or any other medication for which an order is required, of a person confined in a state hospital pursuant to Section 1026, 1026.5, or 2972 of the Penal Code, as provided in subdivision (a), shall be paid by the county of commitment. As used in this subdivision, “county of commitment” means the county seeking the continued treatment of a mentally disordered offender pursuant to Section 2972 of the Penal Code or the county committing a patient who has been found not guilty by reason of insanity pursuant to Section 1026 or 1026.5 of the Penal Code. The appropriate financial officer or other designated official of the county in which the proceeding is held shall make out a statement of all of the costs incurred by the county for the investigation, preparation, and conduct of the proceedings, and the costs of appeal, if any. The statement shall be certified by a judge of the superior court of the county. The statement shall then be sent to the county of commitment, which shall reimburse the county providing the services. (d) (1) Whenever a hearing is held pursuant to Section 1604, 1608, 1609, or 2966 of the Penal Code, all transportation costs to and from a state hospital or a facility designated by the community program director during the hearing shall be paid by the Controller as provided in this subdivision. The appropriate financial officer or other designated official of the county in which a hearing is held shall make out a statement of all transportation costs incurred by the county. The statement shall be properly certified by a judge of the superior court of that county and sent to the Controller for approval. The Controller shall cause the amount of transportation costs incurred on and after July 1, 1987, to be paid to the county treasurer of the county where the hearing was had out of the money appropriated by the Legislature. (2) As used in this subdivision, “community program director” means the person designated pursuant to Section 1605 of the Penal Code. (Amended (as amended by Stats. 2015, Ch. 26, Sec. 47) by Stats. 2015, Ch. 455, Sec. 16. (SB 804) Effective January 1, 2016.)
  54. 4119.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4100 - 4148] ( Heading of Chapter 1 renamed from Article 1 (of former Chapter 2) by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The State Department of State Hospitals must investigate nonresident patients in state hospitals and return them to their state of legal residence, unless the return is deferred because of a patient’s medical condition.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4100 - 4148] ( Heading of Chapter 1 renamed from Article 1 (of former Chapter 2) by Stats. 1977, Ch. 1252. ) ## 4119. (a) The State Department of State Hospitals shall investigate and examine all nonresident persons residing in a state hospital and shall cause these persons, when found to be nonresidents as defined in this chapter, to be promptly and humanely returned under proper supervision to the states in which they have legal residence. The department may defer that action by reason of a patient’s medical condition. (b) Prior to returning the judicially committed nonresident to his or her proper state of residency, the department shall do either of the following: (1) Obtain the written consent of the prosecuting attorney of the committing county, the judicially committed nonresident person, and the attorney of record for the judicially committed nonresident person. (2) In the department’s discretion request a hearing in the superior court of the committing county requesting a judicial determination of the proposed transfer, notify the court that the state of residence has agreed to the transfer, and file the department’s recommendation with a report explaining the reasons for its recommendation. (c) The court shall give notice of the hearing to the prosecuting attorney, the judicially committed nonresident person, the attorney of record for the judicially committed nonresident person, and the department, no less than 30 days before the hearing. At the hearing, the prosecuting attorney and the judicially committed nonresident person may present evidence bearing on the intended transfer. After considering all evidence presented, the court shall determine whether the intended transfer is in the best interest of, and for the proper protection of, the nonresident person and the public. The court shall use the same procedures and standard of proof as used in conducting probation revocation hearings pursuant to Section 1203.2 of the Penal Code. (d) For the purpose of facilitating the prompt and humane return of these persons, the State Department of State Hospitals may enter into reciprocal agreements with the proper boards, commissions, or officers of other states or political subdivision thereof for the mutual exchange or return of persons residing in any state hospital in one state whose legal residence is in the other, and it may in these reciprocal agreements vary the period of residence as defined in this chapter to meet the requirements or laws of the other states. (e) The department may give written permission for the return of a resident of this state confined in a public institution in another state, corresponding to a state hospital of this state. When a resident is returned to this state pursuant to this chapter, he or she may be admitted as a voluntary patient to an institution of the department as designated by the Director of State Hospitals. If he or she has a mental health disorder and is a danger to himself or herself or others, or he or she is gravely disabled, he or she may be detained and given care and services in accordance with the provisions of Part 1 (commencing with Section 5000) of Division 5. (Amended by Stats. 2014, Ch. 144, Sec. 66. (AB 1847) Effective January 1, 2015.)
  55. 4120.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4100 - 4148] ( Heading of Chapter 1 renamed from Article 1 (of former Chapter 2) by Stats. 1977, Ch. 1252. )

    Verify source ↗

    This section sets residence rules for hospitalization in California and for returning patients to their state of residence.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4100 - 4148] ( Heading of Chapter 1 renamed from Article 1 (of former Chapter 2) by Stats. 1977, Ch. 1252. ) ## 4120. (a) Except as otherwise provided in this section, in determining residence for purposes of being entitled to hospitalization in this state and for purposes of returning patients to the states of their residence, an adult person who has lived continuously in this state for a period of one year and who has not acquired residence in another state by living continuously therein for at least one year subsequent to his residence in this state shall be deemed to be a resident of this state. Except as otherwise provided in this section a minor is entitled to hospitalization in this state if the parent or guardian or conservator having custody of the minor has lived continuously in this state for a period of one year and has not acquired residence in another state by living continuously therein for at least one year subsequent to his residence in this state. The parent, guardian, or conservator shall be deemed a resident of this state for the purposes of this section, and the minor shall be eligible for hospitalization in this state as a person with a mental health disorder. The eligibility of the minor for hospitalization in this state ceases when the parent, guardian, or conservator ceases to be a resident of this state and the minor shall be transferred to the state of residence of the parent, guardian, or conservator in accordance with the applicable provisions of this code. Time spent in a public institution for the care of persons with developmental disabilities or mental health disorders, or on leave of absence therefrom, shall not be counted in determining the matter of residence in this or another state. (b) Residence acquired in this or in another state shall not be lost by reason of military service in the Armed Forces of the United States. (Amended by Stats. 2014, Ch. 144, Sec. 67. (AB 1847) Effective January 1, 2015.)
  56. 4121.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4100 - 4148] ( Heading of Chapter 1 renamed from Article 1 (of former Chapter 2) by Stats. 1977, Ch. 1252. )

    Verify source ↗

    This section says who must pay the costs of returning certain persons to other states.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4100 - 4148] ( Heading of Chapter 1 renamed from Article 1 (of former Chapter 2) by Stats. 1977, Ch. 1252. ) ## 4121. (a) All expenses incurred in returning these persons to other states shall be paid by this state, the person, or his or her relatives, but the expense of returning residents of this state shall be borne by the states making the returns. (b) The cost and expense incurred in effecting the transportation of these nonresident persons to the states in which they have residence shall be advanced from the funds appropriated for that purpose, or, if necessary, from the money appropriated for the care of persons who are delinquent or have mental health disorders. (Amended by Stats. 2014, Ch. 144, Sec. 68. (AB 1847) Effective January 1, 2015.)
  57. 4122.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4100 - 4148] ( Heading of Chapter 1 renamed from Article 1 (of former Chapter 2) by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The State Department of State Hospitals may transfer patients to another institution under director-prescribed conditions, and it must bill the county for related care costs no more than monthly.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4100 - 4148] ( Heading of Chapter 1 renamed from Article 1 (of former Chapter 2) by Stats. 1977, Ch. 1252. ) ## 4122. The State Department of State Hospitals, when it deems it necessary, may, under conditions prescribed by the director, transfer any patients of a state institution under its jurisdiction to another institution. Transfers of patients of state hospitals shall be made in accordance with Section 7300. The expense of any transfer shall be paid from the moneys available by law for the support of the department or for the support of the institution from which the patient is transferred. Liability for the care, support, and maintenance of the transferred patient in the institution to which they have been transferred shall be the same as if they had originally been committed to the institution. The State Department of State Hospitals shall present to the county, not more frequently than monthly, a claim for the amount due the state for care, support, and maintenance of those patients and which the county shall process and pay pursuant to Chapter 4 (commencing with Section 29700) of Division 3 of Title 3 of the Government Code. (Amended by Stats. 2021, Ch. 143, Sec. 349. (AB 133) Effective July 27, 2021.)
  58. 4123.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4100 - 4148] ( Heading of Chapter 1 renamed from Article 1 (of former Chapter 2) by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The Director of State Hospitals may authorize transfers of persons from department institutions to federally authorized institutions.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4100 - 4148] ( Heading of Chapter 1 renamed from Article 1 (of former Chapter 2) by Stats. 1977, Ch. 1252. ) ## 4123. The Director of State Hospitals may authorize the transfer of persons from any institution within the department to any institution authorized by the federal government to receive the person. (Amended by Stats. 2012, Ch. 24, Sec. 95. (AB 1470) Effective June 27, 2012.)
  59. 4124.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4100 - 4148] ( Heading of Chapter 1 renamed from Article 1 (of former Chapter 2) by Stats. 1977, Ch. 1252. )

    Verify source ↗

    When the Department of Veterans Affairs requests it, the State Department of State Hospitals must send a list of certain patients who have been in state institutions for six months or more and are known to have served in the U.S. Armed Forces.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4100 - 4148] ( Heading of Chapter 1 renamed from Article 1 (of former Chapter 2) by Stats. 1977, Ch. 1252. ) ## 4124. The State Department of State Hospitals shall send to the Department of Veterans Affairs whenever requested a list of all persons who have been patients for six months or more in each state institution within the jurisdiction of the State Department of State Hospitals and who are known to have served in the Armed Forces of the United States. (Amended by Stats. 2012, Ch. 24, Sec. 96. (AB 1470) Effective June 27, 2012.)
  60. 4125.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4100 - 4148] ( Heading of Chapter 1 renamed from Article 1 (of former Chapter 2) by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The director and hospital administrator may handle certain patient funds, but post-1970 patient funds generally cannot be placed in interest-bearing accounts or reinvested unless the patient authorizes it.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4100 - 4148] ( Heading of Chapter 1 renamed from Article 1 (of former Chapter 2) by Stats. 1977, Ch. 1252. ) ## 4125. (a) The director may deposit any funds of any patient in the possession of each hospital administrator of a state hospital in trust with the treasurer pursuant to Section 16305.3 of the Government Code or, subject to the approval of the Department of Finance, may deposit these funds in an interest-bearing bank account or invest and reinvest these funds in any security described in Article 1 (commencing with Section 16430) of Chapter 3 of Part 2 of Division 4 of Title 2 of the Government Code, and for the purposes of deposit or investment only may mingle the funds of any patient with the funds of any other patient. The hospital administrator with the consent of the patient may deposit the interest or increment on the funds of a patient in the state hospital in a special fund for each state hospital, to be designated the “Benefit Fund,” of which the hospital administrator shall be the trustee. He or she may, with the approval of the director, after taking into consideration the recommendations of representatives of patient government and recommendations submitted by patient groups, expend the moneys in this fund for the education or entertainment of the patients of the institution. (b) On and after December 1, 1970: (1) The funds of a patient in a state hospital or a patient on leave of absence from a state hospital shall not be deposited in interest-bearing bank accounts or invested and reinvested pursuant to this section except when authorized by the patient. (2) Any interest or increment accruing on the funds of a patient on leave of absence from a state hospital shall be deposited in his or her account. (3) Any interest or increment accruing on the funds of a patient in a state hospital shall be deposited in his or her account, unless the patient authorizes their deposit in the state hospital’s benefit fund. (c) Any state hospital charges for patient care against the funds of a patient in the possession of a hospital administrator or deposited pursuant to this section and used to pay for that care, shall be stated in an itemized bill to the patient. (d) No later than August 15 of each year, the director shall provide to the Legislature a summary data sheet containing information on how the benefit fund at each state hospital was expended in the previous fiscal year. (Amended by Stats. 2002, Ch. 352, Sec. 1. Effective January 1, 2003.)
  61. 4126.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4100 - 4148] ( Heading of Chapter 1 renamed from Article 1 (of former Chapter 2) by Stats. 1977, Ch. 1252. )

    Verify source ↗

    When a patient in a state institution dies, the superintendent must hold the patient’s remaining money and personal property for one year, then transfer or dispose of it as specified.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4100 - 4148] ( Heading of Chapter 1 renamed from Article 1 (of former Chapter 2) by Stats. 1977, Ch. 1252. ) ## 4126. Whenever any patient in any state institution subject to the jurisdiction of the State Department of State Hospitals dies, and any personal funds or property of the patient remains in the hands of the superintendent thereof, and no demand is made upon the superintendent by the owner of the funds or property or his or her legally appointed representative all money and other personal property of the decedent remaining in the custody or possession of the superintendent thereof shall be held by him or her for a period of one year from the date of death of the decedent, for the benefit of the heirs, legatees, or successors in interest of the decedent. Upon the expiration of the one-year period, any money remaining unclaimed in the custody or possession of the superintendent shall be delivered by him or her to the Treasurer for deposit in the Unclaimed Property Fund under the provision of Article 1 (commencing with Section 1440) of Chapter 6 of Title 10 of Part 3 of the Code of Civil Procedure. Upon the expiration of said one-year period, all personal property and documents of the decedent, other than cash, remaining unclaimed in the custody or possession of the superintendent, shall be disposed of as follows: (a) All deeds, contracts or assignments shall be filed by the superintendent with the public administrator of the county of commitment of the decedent; (b) All other personal property shall be sold by the superintendent at public auction, or upon a sealed-bid basis, and the proceeds of the sale delivered by him or her to the Treasurer in the same manner as is herein provided with respect to unclaimed money of the decedent. If he or she deems it expedient to do so, the superintendent may accumulate the property of several decedents and sell the property in lots that he or she may determine, provided that he or she makes a determination as to each decedent’s share of the proceeds; (c) If any personal property of the decedent is not salable at public auction, or upon a sealed-bid basis, or if it has no intrinsic value, or if its value is not sufficient to justify the deposit of such property in the State Treasury, the superintendent may order it destroyed; (d) All other unclaimed personal property of the decedent not disposed of as provided in subdivision (a), (b), or (c), shall be delivered by the superintendent to the Controller for deposit in the State Treasury under the provisions of Article 1 (commencing with Section 1440) of Chapter 6 of Title 10 of Part 3 of the Code of Civil Procedure. (Amended by Stats. 2012, Ch. 24, Sec. 97. (AB 1470) Effective June 27, 2012.)
  62. 4127.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4100 - 4148] ( Heading of Chapter 1 renamed from Article 1 (of former Chapter 2) by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The superintendent must hold certain unclaimed patient money and intangible property for seven years, then handle different property types in specified ways.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4100 - 4148] ( Heading of Chapter 1 renamed from Article 1 (of former Chapter 2) by Stats. 1977, Ch. 1252. ) ## 4127. (a) Whenever any patient in any state institution subject to the jurisdiction of the State Department of State Hospitals escapes, is discharged, or is on leave of absence from the institution, and any personal funds or property of the patient remains in the hands of the superintendent, and no demand is made upon the superintendent by the owner of the funds or property or his or her legally appointed representative, all money and other intangible personal property of the patient, other than deeds, contracts, or assignments, remaining in the custody or possession of the superintendent shall be held by him or her for a period of seven years from the date of the escape, discharge, or leave of absence, for the benefit of the patient or his or her successors in interest. Unclaimed personal funds or property of minors on leave of absence may be exempted from this section during the period of their minority and for a period of one year thereafter, at the discretion of the Director of State Hospitals. (b) Upon the expiration of the seven-year period, any money and other intangible property, other than deeds, contracts, or assignments, remaining unclaimed in the custody or possession of the superintendent shall be subject to Chapter 7 (commencing with Section 1500) of Title 10 of Part 3 of the Code of Civil Procedure. (c) Upon the expiration of one year from the date of the escape, discharge, or parole, the following shall apply: (1) All deeds, contracts, or assignments shall be filed by the superintendent with the public administrator of the county of commitment of the patient. (2) All tangible personal property other than money, remaining unclaimed in the superintendent’s custody or possession, shall be sold by the superintendent at public auction, or upon a sealed-bid basis, and the proceeds of the sale shall be held by him or her subject to Section 4125 of this code and Chapter 7 (commencing with Section 1500) of Title 10 of Part 3 of the Code of Civil Procedure. If the superintendent deems it expedient to do so, the superintendent may accumulate the property of several patients and may sell the property in lots that the superintendent determines, provided that the superintendent makes a determination as to each patient’s share of the proceeds. (d) If any tangible personal property covered by this section is not salable at public auction or upon a sealed-bid basis, or if it has no intrinsic value or its value is not sufficient to justify its retention by the superintendent to be offered for sale at public auction or upon a sealed-bid basis at a later date, the superintendent may order it destroyed. (Amended by Stats. 2012, Ch. 24, Sec. 98. (AB 1470) Effective June 27, 2012.)
  63. 4128.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4100 - 4148] ( Heading of Chapter 1 renamed from Article 1 (of former Chapter 2) by Stats. 1977, Ch. 1252. )

    Verify source ↗

    Before certain property can be delivered, sold, or destroyed under related sections, notice of the intended disposition must be posted and mailed at least 30 days in advance.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4100 - 4148] ( Heading of Chapter 1 renamed from Article 1 (of former Chapter 2) by Stats. 1977, Ch. 1252. ) ## 4128. Before any money or other personal property or documents are delivered to the State Treasurer, State Controller, or public administrator, or sold at auction or upon a sealed-bid basis, or destroyed, under the provisions of Section 4126, and before any personal property or documents are delivered to the public administrator, or sold at auction or upon a sealed-bid basis, or destroyed, under the provisions of Section 4127, of this code, notice of said intended disposition shall be posted at least 30 days prior to the disposition, in a public place at the institution where the disposition is to be made, and a copy of such notice shall be mailed to the last known address of the owner or deceased owner, at least 30 days prior to such disposition. The notice prescribed by this section need not specifically describe each item of property to be disposed of. (Repealed and added by Stats. 1967, Ch. 1667.)
  64. 4129.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4100 - 4148] ( Heading of Chapter 1 renamed from Article 1 (of former Chapter 2) by Stats. 1977, Ch. 1252. )

    Verify source ↗

    When certain money or property is delivered to the State Treasurer or State Controller, the superintendent must give the State Controller a schedule listing the property and the owner’s name and last known address.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4100 - 4148] ( Heading of Chapter 1 renamed from Article 1 (of former Chapter 2) by Stats. 1977, Ch. 1252. ) ## 4129. At the time of delivering any money or other personal property to the State Treasurer or State Controller under the provisions of Section 4126 or of Chapter 7 of Title 10 of Part 3 of the Code of Civil Procedure, the superintendent shall deliver to the State Controller a schedule setting forth a statement and description of all money and other personal property delivered, and the name and last known address of the owner or deceased owner. (Repealed and added by Stats. 1967, Ch. 1667.)
  65. 4130.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4100 - 4148] ( Heading of Chapter 1 renamed from Article 1 (of former Chapter 2) by Stats. 1977, Ch. 1252. )

    Verify source ↗

    If personal property is destroyed under Sections 4126 or 4127, no one may later sue the state or its officers over that property.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4100 - 4148] ( Heading of Chapter 1 renamed from Article 1 (of former Chapter 2) by Stats. 1977, Ch. 1252. ) ## 4130. When any personal property has been destroyed as provided in Sections 4126 or 4127, no suit shall thereafter be maintained by any person against the state or any officer thereof for or on account of such property. (Repealed and added by Stats. 1967, Ch. 1667.)
  66. 4131.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4100 - 4148] ( Heading of Chapter 1 renamed from Article 1 (of former Chapter 2) by Stats. 1977, Ch. 1252. )

    Verify source ↗

    Sections 4126 and 4127 also apply to certain money and personal property delivered before those sections took effect.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4100 - 4148] ( Heading of Chapter 1 renamed from Article 1 (of former Chapter 2) by Stats. 1977, Ch. 1252. ) ## 4131. Notwithstanding any other provision of law, the provisions of Sections 4126 and 4127 shall apply (1) to all money and other personal property delivered to the State Treasurer or State Controller prior to the effective date of said sections, which would have been subject to the provisions thereof if they had been in effect on the date of such delivery; and (2) to all money and other personal property delivered to the State Treasurer or State Controller prior to the effective date of the 1961 amendments to said sections, as said provisions would have applied on the date of such delivery if, on said date of delivery, the provisions of Chapter 1809, Statutes of 1959, had not been in effect. (Repealed and added by Stats. 1967, Ch. 1667.)
  67. 4132.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4100 - 4148] ( Heading of Chapter 1 renamed from Article 1 (of former Chapter 2) by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The code says people with mental health disorders should be treated as patients for care and treatment, and “inmate” must be read as “patient” in any provision that uses that term.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4100 - 4148] ( Heading of Chapter 1 renamed from Article 1 (of former Chapter 2) by Stats. 1977, Ch. 1252. ) ## 4132. (a) It is hereby declared that the provisions of this code reflect the concern of the Legislature that persons with mental health disorders are to be regarded as patients to be provided care and treatment and not as inmates of institutions for the purposes of secluding them from the rest of the public. (b) Whenever any provision of this code heretofore or hereafter enacted uses the term “inmate,” it shall be construed to mean “patient.” (Amended by Stats. 2014, Ch. 144, Sec. 69. (AB 1847) Effective January 1, 2015.)
  68. 4133.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4100 - 4148] ( Heading of Chapter 1 renamed from Article 1 (of former Chapter 2) by Stats. 1977, Ch. 1252. )

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    State-operated day hospitals and rehabilitation centers must follow the code rules on admission, transfer, and discharge; admissions need approval from the chief officer.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4100 - 4148] ( Heading of Chapter 1 renamed from Article 1 (of former Chapter 2) by Stats. 1977, Ch. 1252. ) ## 4133. All day hospitals and rehabilitation centers maintained by the State Department of State Hospitals shall be subject to the provisions of this code pertaining to the admission, transfer, and discharge of patients at the state hospitals, except that all admissions to those facilities shall be subject to the approval of the chief officer thereof. Charges for services rendered to patients at those facilities shall be determined pursuant to Section 4025. The liability for the charges shall be governed by the provisions of Article 4 (commencing with Section 7275) of Chapter 2 of Division 7, except at the hospitals maintained by the State Department of Developmental Services the liability shall be governed by the provisions of Article 4 (commencing with Section 6715) of Chapter 3 of Part 2 of Division 6 and Chapter 3 (commencing with Section 7500) of Division 7. (Amended by Stats. 2012, Ch. 24, Sec. 99. (AB 1470) Effective June 27, 2012.)
  69. 4134.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4100 - 4148] ( Heading of Chapter 1 renamed from Article 1 (of former Chapter 2) by Stats. 1977, Ch. 1252. )

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    State mental hospitals under the State Department of State Hospitals must follow the California Food Sanitation Act and the California Retail Food Code, and stricter local sanitation rules do not apply to them.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4100 - 4148] ( Heading of Chapter 1 renamed from Article 1 (of former Chapter 2) by Stats. 1977, Ch. 1252. ) ## 4134. The state mental hospitals under the jurisdiction of the State Department of State Hospitals shall comply with the California Food Sanitation Act, Article 1 (commencing with Section 111950) of Chapter 4 of Part 6 of Division 104 of the Health and Safety Code. The state mental hospitals under the jurisdiction of the State Department of State Hospitals shall also comply with the California Retail Food Code (Chapter 4 (commencing with Section 113700) of Part 7 of Division 104 of the Health and Safety Code). Sanitation, health and hygiene standards that have been adopted by a city, county, or city and county that are more strict than those of the California Retail Food Code or the California Food Sanitation Act shall not be applicable to state mental hospitals that are under the jurisdiction of the State Department of State Hospitals. (Amended by Stats. 2012, Ch. 24, Sec. 100. (AB 1470) Effective June 27, 2012.)
  70. 4135.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4100 - 4148] ( Heading of Chapter 1 renamed from Article 1 (of former Chapter 2) by Stats. 1977, Ch. 1252. )

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    A person committed as a mentally abnormal sex offender must remain committed until the court-order period ends or the medical director discharges the person first. The medical director may grant leave. Certain commitment papers and treatment records are confidential, with limited court-authorized access. Care and treatment charges follow Article 4 rules.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4100 - 4148] ( Heading of Chapter 1 renamed from Article 1 (of former Chapter 2) by Stats. 1977, Ch. 1252. ) ## 4135. Any person committed to the State Department of State Hospitals as a mentally abnormal sex offender shall remain a patient committed to the department for the period specified in the court order of commitment or until discharged by the medical director of the state hospital in which the person is a patient, whichever occurs first. The medical director may grant the patient a leave of absence upon the terms and conditions as the medical director deems proper. The petition for commitment of a person as a mentally abnormal sex offender, the reports, the court orders, and other court documents filed in the court in connection therewith shall not be open to inspection by any other than the parties to the proceeding, the attorneys for the party or parties, and the State Department of State Hospitals, except upon the written authority of a judge of the superior court of the county in which the proceedings were had. Records of the supervision, care, and treatment given to each person committed to the State Department of State Hospitals as a mentally abnormal sex offender shall not be open to the inspection of any person not in the employ of the department or of the state hospital, except that a judge of the superior court may by order permit examination of those records. The charges for the care and treatment rendered to persons committed as mentally abnormal sex offenders shall be in accordance with the provisions of Article 4 (commencing with Section 7275) of Chapter 3 of Division 7. (Amended by Stats. 2012, Ch. 24, Sec. 101. (AB 1470) Effective June 27, 2012.)
  71. 4136.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4100 - 4148] ( Heading of Chapter 1 renamed from Article 1 (of former Chapter 2) by Stats. 1977, Ch. 1252. )

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    State hospital patients who qualify must be given aid and letter-writing materials, and a hospital administrator must make extra supplies available for purchase.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4100 - 4148] ( Heading of Chapter 1 renamed from Article 1 (of former Chapter 2) by Stats. 1977, Ch. 1252. ) ## 4136. (a) Each patient in a state hospital who has resided in the state hospital for a period of at least 30 days shall be paid an amount of aid for his or her personal and incidental needs that, when added to his or her income, equals twelve dollars and fifty cents ($12.50) per month. If a patient elects to do so, a patient may save all or any portion of his or her monthly amount of aid provided for personal and incidental needs for expenditure in subsequent months. (b) Each indigent patient in a state hospital shall be allotted sufficient materials for one letter each week, including postage in an amount not to exceed the cost of one stamp for first-class mail for a one-ounce letter, at no cost to the patient. (c) Each newly admitted patient, for the first 30 days after his or her initial admission, shall be allotted sufficient materials for two letters each week, including postage for first-class mail for up to two one-ounce letters per week. The hospital administrator shall ensure that additional writing materials and postage are available for purchase by patients at the store or canteen on hospital grounds. (d) For purposes of this section, “indigent patient” means a patient whose income is no more than twelve dollars and fifty cents ($12.50) per month. (Amended by Stats. 2014, Ch. 144, Sec. 70. (AB 1847) Effective January 1, 2015.)
  72. 4137.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4100 - 4148] ( Heading of Chapter 1 renamed from Article 1 (of former Chapter 2) by Stats. 1977, Ch. 1252. )

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    If a patient dies in a state mental hospital, the State Department of State Hospitals must review the coroner’s investigation and, in some cases, notify personnel and licensing authorities and end the employee’s employment. If the employee is a licensed mental health professional, the licensing board must also review the death and consider license discipline.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4100 - 4148] ( Heading of Chapter 1 renamed from Article 1 (of former Chapter 2) by Stats. 1977, Ch. 1252. ) ## 4137. Whenever a patient dies in a state mental hospital and the coroner finds that the death was by accident or at the hands of another person other than by accident, the State Department of State Hospitals shall determine upon review of the coroner’s investigation if the death resulted from the negligence, recklessness, or intentional act of a state employee. If it is determined that the death directly resulted from the negligence, recklessness, or intentional act of a state employee, the department shall immediately notify the State Personnel Board and any appropriate licensing agency and shall terminate the employment of the employee as provided by law. In addition, if the state employee is a licensed mental health professional, the appropriate licensing board shall inquire into the circumstances of the death, examine the findings of the coroner’s investigation, and make a determination of whether the mental health professional should have his or her license revoked or suspended or be subject to other disciplinary action. “Licensed mental health professional,” as used in this section, means a person licensed by any board, bureau, department, or agency pursuant to a state law and employed in a state mental hospital. (Amended by Stats. 2012, Ch. 24, Sec. 102. (AB 1470) Effective June 27, 2012.)
  73. 4138.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4100 - 4148] ( Heading of Chapter 1 renamed from Article 1 (of former Chapter 2) by Stats. 1977, Ch. 1252. )

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    The Director of State Hospitals may ban tobacco possession or use at a requesting state hospital, and the department must provide an implementation plan and smoking cessation support.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4100 - 4148] ( Heading of Chapter 1 renamed from Article 1 (of former Chapter 2) by Stats. 1977, Ch. 1252. ) ## 4138. (a) Upon receiving a request from the director of a state hospital listed in Section 4100, the Director of State Hospitals may prohibit the possession or use of tobacco products on the grounds of the requesting facility. The Director of State Hospitals shall provide an implementation plan that shall include a phase-in period for any of the state hospitals listed in Section 4100 that prohibits the possession or use of tobacco products by patients or any other persons on hospital grounds, except on the premises of residential staff housing where patients are not present. (b) This prohibition shall include an exemption for departmentally approved religious ceremonies. (c) As part of the implementation plan, the department shall provide any requesting patient with a smoking cessation plan that may include, at minimum, an individual medical treatment plan, counseling, prescription drugs, or nicotine replacement, as determined to be medically necessary and appropriate. (d) Nothing in this section shall be construed to restrict the outside activity time currently available to hospital patients. (e) If an implementation plan is adopted pursuant to subdivision (a), the store or canteen at any facility subject to the prohibition shall not sell tobacco products. (Amended by Stats. 2012, Ch. 24, Sec. 103. (AB 1470) Effective June 27, 2012.)
  74. 4139.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4100 - 4148] ( Heading of Chapter 1 renamed from Article 1 (of former Chapter 2) by Stats. 1977, Ch. 1252. )

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    This section makes it a misdemeanor to bring certain prohibited items to a patient in a state hospital or deliver them with intent to deliver, unless authorized by law, by the hospital director, or under subdivision (b).

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4100 - 4148] ( Heading of Chapter 1 renamed from Article 1 (of former Chapter 2) by Stats. 1977, Ch. 1252. ) ## 4139. (a) Except as otherwise authorized by law, or when authorized by the director of the state hospital, and except as provided in subdivision (b), a person who possesses with the intent to deliver, or delivers, to a patient in a state hospital listed in Section 4100 any item listed in paragraphs (1) to (3), inclusive, that has been prohibited for possession by a patient either by statute or by regulation is guilty of a misdemeanor, punishable by a fine not to exceed one thousand dollars ($1,000) for each item. (1) A cellular telephone or other wireless communication device, or any component thereof, including, but not limited to, a subscriber identity card (SIM card) or memory storage device. (2) Tobacco products, if the state hospital has a ban on tobacco products. (3) Money, in excess of the limitations and restrictions adopted by the state hospital. (b) If a person visiting a patient in a state hospital listed in Section 4100, upon being searched or subjected to a metal detector, is found to be in possession of an item prohibited for patient possession pursuant to subdivision (a), the item shall be subject to confiscation but shall be returned on the same day the person visits the patient, unless the item is held as evidence in a case where the person is cited for a violation of subdivision (a). If, upon investigation, it is determined that no prosecution will take place, the item shall be returned to the owner at the owner’s expense. Notice of this provision shall be posted in all areas where visitors are searched prior to visitation with a patient and outside the facility in a location easily visible to visitors so that they can leave prohibited items in their cars before entering the visitor area. (Added by Stats. 2011, Ch. 201, Sec. 1. (SB 796) Effective January 1, 2012.)
  75. 4141.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4100 - 4148] ( Heading of Chapter 1 renamed from Article 1 (of former Chapter 2) by Stats. 1977, Ch. 1252. )

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    State hospitals must update workplace-violence prevention plans at least yearly, create an injury and illness prevention committee, and run incident reporting procedures; the department must send updated plans to the Legislature every two years.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4100 - 4148] ( Heading of Chapter 1 renamed from Article 1 (of former Chapter 2) by Stats. 1977, Ch. 1252. ) ## 4141. (a) (1) Each state hospital shall update its injury and illness prevention plan at least once a year to include necessary safeguards to prevent workplace safety hazards in connection with workplace violence associated with patient assaults on employees. (2) Updated injury and illness prevention plans shall address, but shall not be limited to, all of the following: (A) Control of physical access throughout the hospital and grounds. (B) Alarm systems. (C) Presence of security personnel. (D) Training. (E) Buddy systems. (F) Communication. (G) Emergency responses. (3) (A) The department shall submit the updated injury and illness prevention plans to the Legislature every two years. (B) (i) The requirement for submitting the updated injury and illness prevention plans imposed pursuant to subparagraph (A) is inoperative four years after the date the first report is due, pursuant to Section 10231.5 of the Government Code. (ii) Updated injury and illness prevention plans submitted pursuant to subparagraph (A) shall be submitted in compliance with Section 9795 of the Government Code. (b) Each state hospital shall establish an injury and illness prevention committee comprised of hospital management and employees designated by the hospital’s director in consultation with the employee bargaining units. The committee shall be responsible for providing recommendations to the hospital director for updates to the injury and illness prevention plan. The committee shall meet at least four times per year. (c) Each state hospital shall develop an incident reporting procedure that can be used, at a minimum, to develop reports of patient assaults on employees and assist the hospital in identifying risks of patient assaults on employees. Data obtained from the incident reporting procedures shall be accessible to staff. The incident reporting procedure shall be designed to provide hospital management with immediate notification of reported incidents. The hospital shall provide for timely and efficient responses and investigations to incident reports made under the incident reporting procedure. Incident reports shall also be forwarded to the injury and illness prevention committee established pursuant to subdivision (b). (Amended by Stats. 2013, Ch. 76, Sec. 203. (AB 383) Effective January 1, 2014.)
  76. 4142.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4100 - 4148] ( Heading of Chapter 1 renamed from Article 1 (of former Chapter 2) by Stats. 1977, Ch. 1252. )

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    Certain state hospital directors, clinicians, and law enforcement personnel must obtain, protect, limit use of, and eventually destroy a patient’s state summary criminal history information.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4100 - 4148] ( Heading of Chapter 1 renamed from Article 1 (of former Chapter 2) by Stats. 1977, Ch. 1252. ) ## 4142. (a) Notwithstanding any other law, whenever a patient is committed to the State Department of State Hospitals, a director of a state hospital or a clinician, as defined in subdivision (f), shall obtain the state summary criminal history information for the patient. The information shall be used to assess the violence risk of a patient, to assess the appropriate placement of a patient, to treat a patient, to prepare periodic reports as required by statute, or to determine the patient’s progress or fitness for release. The state summary criminal history information shall be placed in the patient’s confidential file for the duration of his or her commitment. (b) The information may be obtained through use of the California Law Enforcement Telecommunications System (CLETS). Law enforcement personnel shall cooperate with requests for state summary criminal history information authorized pursuant to this section and shall provide the information to the requesting entity in a timely manner. (c) A law enforcement officer or person authorized by this section to receive the information who obtains the information in the record and knowingly provides the information to a person not authorized by law to receive the information is guilty of a misdemeanor as specified in Section 11142 of the Penal Code. (d) Information obtained pursuant to this section shall not be used for any purposes other than those described in subdivision (a). (e) For purposes of this section, the State Department of State Hospitals law enforcement personnel, pursuant to Section 830.38 of the Penal Code, may act as the law enforcement personnel described in subdivision (b). (f) For purposes of this section, “clinician” means a state licensed mental health professional working within the State Department of State Hospitals who has received, and is current in, CLETS training that is appropriate for a person who has ongoing access to information from the CLETS and is not a CLETS operator, following the policies on training, compliance, and inspection required by the Department of Justice. (g) State summary criminal history information secured pursuant to this section shall remain confidential and access shall be limited to the director of the state hospital and the clinician. Within 30 days of discharge from the state hospital, the state summary criminal history information shall be removed from the patient’s file and destroyed. (Amended by Stats. 2015, Ch. 303, Sec. 572. (AB 731) Effective January 1, 2016.)
  77. 4143.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4100 - 4148] ( Heading of Chapter 1 renamed from Article 1 (of former Chapter 2) by Stats. 1977, Ch. 1252. )

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    The State Department of State Hospitals may establish and maintain pilot enhanced treatment programs, if funding is available, and must send draft operating policies to legislative committees at least 60 days before activating a program.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4100 - 4148] ( Heading of Chapter 1 renamed from Article 1 (of former Chapter 2) by Stats. 1977, Ch. 1252. ) ## 4143. (a) Commencing July 1, 2015, and subject to available funding, the State Department of State Hospitals may establish and maintain pilot enhanced treatment programs (ETPs), as defined in Section 1265.9 of the Health and Safety Code, and evaluate the effectiveness of intensive, evidence-based clinical therapy and treatment of patients described in Section 4144. (b) At least 60 days prior to activating an ETP, the State Department of State Hospitals shall submit written draft policies and procedures that will guide the operation of the ETP, including, but not limited to, admittance criteria, staffing levels, services to be provided to patients, a transition planning process, and training requirements, to the appropriate policy and fiscal committees of the Legislature and to the Joint Legislative Budget Committee. (Amended by Stats. 2015, Ch. 26, Sec. 48. (SB 85) Effective June 24, 2015.)
  78. 4144.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4100 - 4148] ( Heading of Chapter 1 renamed from Article 1 (of former Chapter 2) by Stats. 1977, Ch. 1252. )

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    This section lets certain state hospital clinicians refer some patients to an enhanced treatment program, and sets timelines, evaluation steps, hearing rights, treatment planning, and review/transfer rules.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4100 - 4148] ( Heading of Chapter 1 renamed from Article 1 (of former Chapter 2) by Stats. 1977, Ch. 1252. ) ## 4144. (a) A state hospital psychiatrist or psychologist may refer a patient to a pilot enhanced treatment program (ETP), as defined in Section 1265.9 of the Health and Safety Code, for temporary placement and risk assessment upon determining that the patient may be at high risk of most dangerous behavior and when safe treatment is not possible in a standard treatment environment. The referral may occur after admission to the State Department of State Hospitals, and after sufficient and documented evaluation of violence risk of the patient, with notice to the patients’ rights advocate at the time of the referral. A patient shall not be placed into an ETP as a means of punishment, coercion, convenience, or retaliation. (b) Within three business days of placement in an ETP, a dedicated forensic evaluator, who is not on the patient’s treatment team, shall complete an initial evaluation of the patient that shall include an interview of the patient’s treatment team, an analysis of diagnosis, past violence, current level of risk, and the need for enhanced treatment. (c) (1) Within seven business days of placement in an ETP and with 72-hour notice to the patient and patients’ rights advocate, the forensic needs assessment panel (FNAP) shall conduct a placement evaluation meeting with the referring psychiatrist or psychologist, the patient and patients’ rights advocate, and the dedicated forensic evaluator who performed the initial evaluation. A determination shall be made as to whether the patient clinically requires ETP treatment. (2) (A) The threshold standard for treatment in an ETP is met if a psychiatrist or psychologist, utilizing standard forensic methodologies for clinically assessing violence risk, determines that a patient meets the definition of a patient at high risk of most dangerous behavior and ETP treatment meets the identified needs of the patient and safe treatment is not possible in a standard treatment environment. (B) Factors used to determine a patient’s high risk of most dangerous behavior may include, but are not limited to, an analysis of past violence, delineation of static and dynamic violence risk factors, and utilization of valid and reliable violence risk assessment testing. (3) If a patient has shown improvement during his or her placement in an ETP, the FNAP may delay its certification decision for another seven business days. The FNAP’s determination of whether the patient will benefit from continued or longer term ETP placement and treatment shall be based on the threshold standard for treatment in an ETP specified in subparagraph (A) of paragraph (2). (d) (1) The FNAP shall review all material presented at the FNAP placement evaluation meeting conducted under subdivision (c), and the FNAP shall either certify the patient for 90 days of treatment in an ETP or direct that the patient be returned to a standard treatment environment in the hospital. (2) After the FNAP makes a decision to provide ETP treatment and if ETP treatment will be provided at a facility other than the current hospital, the transfer may take place as soon as transportation may reasonably be arranged, but no later than 30 days after the decision is made. (3) The FNAP determination shall be in writing and provided to the patient and patients’ rights advocate as soon as possible, but no later than three business days after the decision is made. (e) (1) Upon admission to an ETP, a forensic needs assessment team (FNAT) psychologist who is not on the patient’s multidisciplinary treatment team shall perform an in-depth violence risk assessment and make an individual treatment plan for the patient based on the assessment. The individual treatment plan shall: (A) Be in writing and developed in collaboration with the patient, when possible. The initial treatment plan shall be developed as soon as possible, but no later than 72 hours following the patient’s admission. The comprehensive treatment plan shall be developed following a complete violence risk assessment. (B) Be based on a comprehensive assessment of the patient’s physical, mental, emotional, and social needs, and focused on mitigation of violence risk factors. (C) Be reviewed and updated no less than every 10 days. (2) The individual treatment plan shall include, but is not limited to, all of the following: (A) A statement of the patient’s physical and mental condition, including all mental health and medical diagnoses. (B) Prescribed medication, dosage, and frequency of administration. (C) Specific goals of treatment with intervention and actions that identify steps toward reduction of violence risk and observable, measurable objectives. (D) Identification of methods to be utilized, the frequency for conducting each treatment method, and the person, or persons, or discipline, or disciplines, responsible for each treatment method. (E) Documentation of the success or failure in achieving stated objectives. (F) Evaluation of the factors contributing to the patient’s progress or lack of progress toward reduction of violence risk and a statement of the multidisciplinary treatment decision for followup action. (G) An activity plan. (H) A plan for other services needed by the patient, such as care for medical and physical ailments, which are not provided by the multidisciplinary treatment team. (I) Discharge criteria and goals for an aftercare plan in a standard treatment environment and a plan for post-ETP discharge follow up. (3) An ETP patient shall receive treatment from a multidisciplinary team consisting of a psychologist, a psychiatrist, a nurse, a psychiatric technician, a clinical social worker, a rehabilitation therapist, and any other necessary staff who shall meet as often as necessary, but no less than once a week, to assess the patient’s response to treatment. (4) The staff shall observe and note any changes in the patient’s condition and the treatment plan shall be modified in response to the observed changes. (5) Social work services shall be organized, directed, and supervised by a licensed clinical social worker. (6) (A) Mental health treatment programs shall provide and conduct organized therapeutic social, recreational, and vocational activities in accordance with the interests, abilities, and needs of the patients, including the opportunity for exercise. (B) Mental health rehabilitation therapy services shall be designed by and provided under the direction of a licensed mental health professional, a recreational therapist, or an occupational therapist. (7) An aftercare plan for a standard treatment environment shall be developed. (A) A written aftercare plan shall describe those services that should be provided to a patient following discharge, transfer, or release from an ETP for the purpose of enabling the patient to maintain stabilization or achieve an optimum level of functioning. (B) Prior to or at the time of discharge, transfer, or release from an ETP, each patient shall be evaluated concerning the patient’s need for aftercare services. This evaluation shall consider the patient’s potential housing, probable need for continued treatment and social services, and need for continued medical and mental health care. (C) Aftercare plans shall include, but shall not be limited to, arrangements for medication administration and follow-up care. (D) A member of the multidisciplinary treatment team designated by the clinical director shall be responsible for ensuring that the aftercare plan has been completed and documented in the patient’s health record. (E) The patient shall receive a copy of the aftercare plan when referred to a standard treatment environment. (f) Prior to the expiration of 90 days from the date of placement in an ETP and with 72-hour notice provided to the patient and the patients’ rights advocate, the FNAP shall convene a treatment placement meeting with a psychologist from the treatment team, a patients’ rights advocate, the patient, and the FNAT psychologist who performed the in-depth violence risk assessment. The FNAP shall determine whether the patient may return to a standard treatment environment or whether the patient clinically requires continued treatment in an ETP. If the FNAP determines that the patient clinically requires continued ETP placement, the patient shall be certified for further ETP placement for one year. The FNAP determination shall be in writing and provided to the patient and the patients’ rights advocate within 24 hours of the meeting. If the FNAP determines that the patient is ready to be transferred to a standard treatment environment, the FNAP shall identify appropriate placement within a standard treatment environment in a state hospital, and transfer the patient within 30 days of the determination. (g) If a patient has been certified for ETP treatment for one year pursuant to subdivision (f), the FNAP shall review the patient’s treatment summary at least every 90 days to determine if the patient no longer clinically requires treatment in the ETP. This FNAP determination shall be in writing and provided to the patient and the patients’ rights advocate within three business days of the meeting. If the FNAP determines that the patient no longer clinically requires treatment in the ETP, the FNAP shall identify appropriate placement, and transfer the patient within 30 days of the determination. (h) Prior to the expiration of the one-year certification of ETP placement under subdivision (f), and with 72-hour notice provided to the patient and the patients’ rights advocate, the FNAP shall convene a treatment placement meeting with the treatment team, the patients’ rights advocate, the patient, and the FNAT psychologist who performed the in-depth violence risk assessment. The FNAP shall determine whether the patient clinically requires continued ETP treatment. The FNAP determination shall be in writing and provided to the patient and the patients’ rights advocate within 24 hours of the meeting. (i) If after the treatment placement meeting described in subdivision (h), and after discussion with the patient, the patients’ rights advocate, patient’s ETP team members, and review of documents and records, the FNAP determines that the patient clinically requires continued ETP placement, the patient’s case shall be referred outside of the State Department of State Hospitals to a forensic psychiatrist or psychologist for an independent medical review for the purpose of assessing the patient’s overall treatment plan and the need for ongoing ETP treatment. Notice of the referral shall be provided to the patient and the patients’ rights advocate within 24 hours of the FNAP meeting as part of the FNAP determination. The notice shall include instructions for the patient to submit information to the forensic psychiatrist or psychologist conducting the independent medical review. (1) The forensic psychiatrist or psychologist conducting the independent medical review shall be provided with the patient’s medical and psychiatric documents and records, along with any additional information submitted by the patient, within five business days from the date of the FNAP’s determination that the patient requires continued ETP placement. (2) After reviewing the patient’s medical and psychiatric documents and records, along with any additional information submitted by the patient, but no later than 14 days after the receipt of the patient’s medical and psychiatric documents and records, the forensic psychiatrist or psychologist conducting the independent medical review shall provide the State Department of State Hospitals, the patient, and the patients’ rights advocate with a written notice of the date and time for a hearing. At least one FNAP member is required to attend the hearing. The notice shall be provided at least 72 hours in advance of the hearing, shall include a statement that at least one FNAP member is required to attend the hearing, and advise the patient of his or her right to a hearing or to waive his or her right to a hearing. The notice shall also include a statement that the patient may have assistance of a patients’ rights advocate or staff member at the hearing. Seventy-two-hour notice shall also be provided to any individuals whose presence is requested by the forensic psychiatrist or psychologist conducting the independent medical review in order to help assess the patient’s overall treatment plan and the need for ongoing ETP treatment. (3) If the patient waives his or her right to a hearing, the forensic psychiatrist or psychologist conducting the independent medical review shall make recommendations to the FNAP on whether or not the patient should be certified for ongoing ETP treatment. (4) If the patient does not waive the right to a hearing, both of the following shall be provided: (A) If the patient elects to have the assistance of a patients’ rights advocate or a staff person, the requested person shall provide assistance relating to the hearing, whether or not the patient is present at the hearing, unless the forensic psychiatrist or psychologist conducting the hearing finds good cause why the requested person should not participate. Good cause includes a reasonable concern for the safety of a staff member requested to be present at the hearing. (B) An opportunity for the patient to present information, statements, or arguments, either orally or in writing, to show either that the information relied on for the FNAP’s determination for ongoing treatment is erroneous, or any other relevant information. (5) The conclusion reached by the forensic psychiatrist or psychologist who conducts the independent medical review shall be in writing and provided to the State Department of State Hospitals, the patient, and the patients’ rights advocate within three business days of the conclusion of the hearing. (6) If the forensic psychiatrist or psychologist who conducts the independent medical review concludes that the patient requires ongoing ETP treatment, the patient shall be certified for further treatment for an additional year. (7) If the forensic psychiatrist or psychologist who conducts the independent medical review determines that the patient no longer requires ongoing ETP treatment, the FNAP shall identify appropriate placement and transfer the patient within 30 days of determination. (j) At any point during the ETP placement, if a patient’s treatment team determines that the patient no longer clinically requires ETP treatment, a recommendation to transfer the patient out of the ETP shall be made to the FNAT or FNAP. (k) The process described in this section may continue until the patient no longer clinically requires ETP treatment or until the patient is discharged from the State Department of State Hospitals. (l) As used in this section, the following terms have the following meanings: (1) “Enhanced treatment program” or “ETP” means a supplemental treatment unit as defined in Section 1265.9 of the Health and Safety Code. (2) “Forensic needs assessment panel” or “FNAP” means a panel that consists of a psychiatrist, a psychologist, and the medical director of the hospital or facility, none of whom are involved in the patient’s treatment or diagnosis at the time of the hearing or placement meetings. (3) “Forensic needs assessment team” or “FNAT” means a panel of psychologists with expertise in forensic assessment or violence risk assessment, each of whom are assigned an ETP case or group of cases. (4) “In-depth violence risk assessment” means the utilization of standard forensic methodologies for clinically assessing the risk of a patient posing a substantial risk of inpatient aggression. (5) “Patients’ rights advocate” means the advocate contracted under Sections 5370.2 and 5510. (6) “Patient at high risk of most dangerous behavior” means the individual has a history of physical violence and currently poses a demonstrated danger of inflicting substantial physical harm upon others in an inpatient setting, as determined by an evidence-based, in-depth violence risk assessment conducted by the State Department of State Hospitals. (m) The State Department of State Hospitals may adopt emergency regulations in accordance with the Administrative Procedures Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) to implement the treatment components of this section. The adoption of an emergency regulation under this paragraph is deemed to address an emergency, for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the State Department of State Hospitals is hereby exempted for this purpose from the requirements of subdivision (b) of Section 11346.1 of the Government Code. (Amended by Stats. 2015, Ch. 303, Sec. 573. (AB 731) Effective January 1, 2016.)
  79. 4145.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4100 - 4148] ( Heading of Chapter 1 renamed from Article 1 (of former Chapter 2) by Stats. 1977, Ch. 1252. )

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    The State Department of State Hospitals must monitor pilot enhanced treatment programs, evaluate outcomes, and give annual reports to legislative committees.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4100 - 4148] ( Heading of Chapter 1 renamed from Article 1 (of former Chapter 2) by Stats. 1977, Ch. 1252. ) ## 4145. (a) The State Department of State Hospitals shall monitor the pilot enhanced treatment programs (ETP), evaluate outcomes, and report on its findings and recommendations. This report shall be provided to the fiscal and policy committees of the Legislature annually, beginning on January 10 of the first year after which the first ETP is opened and services have commenced, and shall be in compliance with Section 9795 of the Government Code. The evaluation shall include, but is not limited to, all of the following: (1) Comparative summary information regarding the characteristics of the patients served. (2) Compliance with staffing requirements. (3) Staff classification to patient ratio. (4) Average monthly occupancy. (5) Average length of stay. (6) The number of residents whose length of stay exceeds 90 days. (7) The number of patients with multiple stays. (8) The number of patients whose discharge was delayed due to lack of available beds in a standard treatment environment. (9) Restraint and seclusion use, including the number of incidents and duration, consistent with paragraph (3) of subdivision (d) of Section 1180.2 of the Health and Safety Code. (10) Serious injuries to staff and residents. (11) Serious injuries to staff and residents related to the use of seclusion and restraints as defined under Section 1180 of the Health and Safety Code. (12) Staff turnover. (13) The number of patients’ rights complaints, including the subject of the complaint and its resolution. (14) Type and number of training provided for ETP staff. (15) Staffing levels for ETPs. (b) The State Department of State Hospitals’ reporting requirements under Section 4023 of the Welfare and Institutions Code, shall apply to the ETPs. (Added by Stats. 2014, Ch. 718, Sec. 6. (AB 1340) Effective January 1, 2015.)
  80. 4146.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4100 - 4148] ( Heading of Chapter 1 renamed from Article 1 (of former Chapter 2) by Stats. 1977, Ch. 1252. )

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    This section sets out a process for compassionate release, including notifications, discharge planning, a court hearing, and release timing.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4100 - 4148] ( Heading of Chapter 1 renamed from Article 1 (of former Chapter 2) by Stats. 1977, Ch. 1252. ) ## 4146. (a) This section applies in cases in which a patient has been committed to the department as a mentally disordered offender, including a person found not guilty by reason of insanity, or a person found incompetent to stand trial or be adjudged to punishment. (b) (1) A physician employed by the department who determines that a patient meets the criteria set forth in subparagraph (A) or (C) of paragraph (5) shall notify the medical director and the patient advocate of the prognosis. If the medical director concurs with the diagnosis, he or she shall immediately notify the Director of State Hospitals. Within 72 hours of receiving notification, the medical director or the medical director’s designee shall notify the patient of the discharge procedures under this section and obtain the patient’s consent for discharge. The medical director or the medical director’s designee shall arrange for the patient to designate a family member or other outside agent to be notified as to the patient’s medical condition, prognosis, and release procedures under this section. If the patient is unable to designate a family member or other outside agent, the medical director or the medical director’s designee shall contact any emergency contact listed, or the patient advocate if no contact is listed. (2) The medical director or the medical director’s designee shall provide the patient and his or her family member, agent, emergency contact, or patient advocate with updated information throughout the release process with regard to the patient’s medical condition and the status of the patient’s release proceedings, including the discharge plan. A patient shall not be released unless the discharge plan verifies placement for the patient upon release. (3) The patient or his or her family member or designee may contact the medical director or the executive director at the state hospital where the patient is located or the Director of State Hospitals to request consideration for a recommendation from the medical director or the medical director’s designee to the court that the patient’s commitment be suspended for compassionate release and the patient released from the department facility. (4) Upon receipt of a notification or request pursuant to paragraph (1) or (3), respectively, the Director of State Hospitals may recommend to the court that the patient’s commitment be suspended for compassionate release and the patient released from the department facility. (5) The court has the discretion to suspend the commitment for compassionate release and release the patient if the court finds that the facts described in subparagraphs (A) and (B) or subparagraphs (B) and (C) exist: (A) The patient is terminally ill with an incurable condition caused by an illness or disease that would likely produce death within six months, as determined by a physician employed by the department. (B) The conditions under which the patient would be released or receive treatment do not pose a threat to public safety. (C) The patient is permanently medically incapacitated with a medical condition that renders him or her permanently unable to perform activities of basic daily living and results in the patient requiring 24-hour total care, including, but not limited to, coma, persistent vegetative state, brain death, ventilator-dependency, or loss of control of muscular or neurological function, the incapacitation did not exist at the time of the original commitment, and the medical director responsible for the patient’s care and the Director of State Hospitals both certify that the patient is incapable of receiving mental health treatment. (c) Within 10 days of receipt of a recommendation for release by the director, the court shall hold a noticed hearing to consider whether the patient’s commitment should be suspended and the patient released. (d) A recommendation for compassionate release submitted to the court shall include at least one medical evaluation, a discharge plan, a postrelease plan for the relocation and treatment of the patient, and the physician’s and medical director’s determination that the patient meets the criteria set forth in subparagraph (A) or (C) of paragraph (5) of subdivision (b). The court shall order the medical director to send copies of all medical records reviewed in developing the recommendation to all of the following parties: (1) The district attorney of the county from which the patient was committed. (2) If the patient is a mentally disordered offender on parole, the district attorney of the county from which the patient was committed to the state prison. (3) The public defender of the county from which the patient was committed, or the patient’s private attorney, if one is available. (4) If the patient is a mentally disordered offender on parole, the public defender of the county from which the patient was committed to the state prison, if one is available, or the patient’s private attorney, if applicable. (5) If the patient is a mentally disordered offender on parole, the Board of Parole Hearings. (6) If the patient is on mandatory supervision or postrelease community supervision and has been found incompetent to be adjudged to punishment, the county entity designated to supervise him or her. (e) (1) The matter shall be heard before the same judge that originally committed the patient, if possible. (2) If the patient is a mentally disordered offender on parole and was committed for treatment by the Board of Parole Hearings, the matter shall be heard by the court that committed the patient to the state prison for the underlying conviction, if possible. (f) If the court approves the recommendation for compassionate release, the patient’s commitment shall be suspended and the patient shall be released by the department within 72 hours of receipt of the court’s order, unless a longer time period is requested by the director and approved by the court. (g) The executive director of the state hospital or his or her designee shall ensure that upon release, the patient has each of the following in his or her possession, or the possession of the patient’s representative: (1) A discharge plan. (2) A discharge medical summary. (3) Medical records. (4) Identification. (5) All necessary medications. (6) Any property belonging to the patient. (h) After discharge, any additional records shall be sent to the patient’s forwarding address. (i) The Director of State Hospitals may adopt regulations to implement this section. The adoption of regulations for the implementation of this section by the department is exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). (j) For the purposes of this section, a patient whose commitment has been suspended for compassionate release shall not be considered to be under the custody of, or the responsibility of, the State Department of State Hospitals. (k) If a patient’s commitment order is suspended pursuant to this section, it may be reinstated by the court pursuant to a finding by the State Department of State Hospitals that the patient’s condition has changed such that he or she poses a threat to public safety, or no longer meets the criteria for compassionate release described in subparagraph (A) or (C) of paragraph (5) of subdivision (b). (l) The State Department of State Hospitals, in consultation with relevant stakeholders, including, but not limited to, local law enforcement and correctional officials, shall promulgate regulations in accordance with subdivision (i) to establish a process for petitioning the court for reinstatement of a suspended commitment order, pursuant to subdivision (k). (Added by Stats. 2016, Ch. 715, Sec. 4. (SB 955) Effective January 1, 2017.)
  81. 4147.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4100 - 4148] ( Heading of Chapter 1 renamed from Article 1 (of former Chapter 2) by Stats. 1977, Ch. 1252. )

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    This section requires state agencies to convene an IST solutions workgroup, appoint its members, and have the workgroup submit recommendations by a set deadline.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4100 - 4148] ( Heading of Chapter 1 renamed from Article 1 (of former Chapter 2) by Stats. 1977, Ch. 1252. ) ## 4147. (a) To confront the crisis of individuals found incompetent to stand trial (IST) and in recognition of the importance of these defendants who are committed to the State Department of State Hospitals to begin receiving competency treatment as soon as practicable, the California Health and Human Services Agency along with the State Department of State Hospitals shall convene an Incompetent to Stand Trial Solutions Workgroup to identify short, medium, and long-term solutions to advance alternatives to placement at the State Department of State Hospitals. (b) Workgroup members shall be appointed by the Secretary of California Health and Human Services and the workgroup shall be chaired by the Director of the State Department of State Hospitals. Members of the workgroup shall serve without compensation. Members may include, but are not limited to, representatives from the following entities and interested parties: (1) California Health and Human Services Agency. (2) State Department of Health Care Services. (3) State Department of Developmental Services. (4) Department of Corrections and Rehabilitation. (5) Department of Finance. (6) Other state agencies, as needed. (7) Judicial Council. (8) Other partners, including local government and justice system representatives of entities involved in the commitment of IST defendants to the State Department of State Hospitals and representatives of patients and their family members, as needed. (c) The workgroup shall submit recommendations to the California Health and Human Services Agency and the Department of Finance no later than November 30, 2021, outlining short-term solutions that can be accomplished by April 1, 2022, medium-term solutions that can be accomplished by January 10, 2023, and long-term solutions that can be accomplished by January 10, 2024, and January 10, 2025, to support the State Department of State Hospitals in serving individuals with the most intensive behavioral health treatment needs and providing timely access to treatment for individuals found IST on felony charges. (d) The workgroup may meet as often as bi-weekly until the workgroup is disbanded by the Secretary of California Health and Human Services. (e) The workgroup may consider, but is not limited to, recommendations that accomplish any of the following: (1) Reduce the total number of felony defendants determined to be IST. (2) Reduce the lengths of stay for felony IST patients. (3) Support felony IST defendants to receive early access to treatment before transfer to a restoration of competency treatment program to achieve stabilization and restoration of competency sooner. (4) Support increased access to felony IST diversion options. (5) Expand treatment options for felony IST individuals, such as community-based restoration programs, jail-based competency treatment programs, and state hospital beds. (6) Create new options for treatment of felony IST defendants including community based, locked and unlocked facilities. (7) Establish partnerships to facilitate admissions and discharges to reduce recidivism and ensure that the most acute, high-risk, and at need patients receive access to State Department of State Hospitals beds, while patients with lower risk or acuity are treated in appropriate community settings. (f) (1) Until December 31, 2024, if the Secretary of California Health and Human Services determines that either of the conditions stated in subparagraphs (A) or all of the conditions stated in subparagraph (B) have occurred, the State Department of State Hospitals may take the actions described in paragraph (2), if authorized by the Secretary of California Health and Human Services and the Department of Finance, and after Department of Finance has provided no less than a 30-day notification to the Joint Legislative Budget Committee and the State Department of State Hospitals has provided notification to the county public guardian and county behavioral agencies. (A) The recommendations required to be completed by subdivision (c) cannot be completed due to reasons outside of the control of the California Health and Human Services Agency or the State Department of State Hospitals. (B)(i) Insufficient progress has been made in implementing the recommendations in a timely manner to provide timely access to competency treatment for IST defendants committed to the State Department of State Hospitals. (ii) IST commitments to the State Department of State Hospitals continues to exceed the capacity available, in facilities the department has jurisdiction over pursuant to Section 4100, to provide restoration of competency treatment. (iii) The State Department of State Hospitals continues to maintain an IST admission waitlist that exceeds the capacity of the facilities within its jurisdiction pursuant to Section 4100 to admit IST commitments. (iv) As a result of the conditions described in clauses (i) through (iii), inclusive, IST defendants committed to the State Department of State Hospitals are not able to receive timely access to restoration of competency treatment and no reasonable state solutions are available, including timely solutions to increase capacity within the facilities within its jurisdiction pursuant to Section 4100 that may admit IST commitments. (2) If the requirements of paragraph (1) are met, the State Department of State Hospitals may take the following actions: (A) The State Department of State Hospitals may discontinue admissions for new patients committed to a state hospital pursuant to Section 5358. (B) The State Department of State Hospitals may, following the determination by the Secretary of California Health and Human Services pursuant to paragraph (1), impose patient reduction targets over the next three fiscal years for patients committed to a state hospital pursuant to Section 5358. Reduction targets shall only be to the minimum level necessary to achieve timely access to treatment for IST commitments, as determined by the State Department of State Hospitals and the Secretary of California Health and Human Services and will allow no less than a minimum of six months for the first reduction target to be achieved. (C) The State Department of State Hospitals may charge 150 percent of the daily bed rate for counties, pursuant to Section 4330, that exceed the bed usage for patients admitted pursuant to Section 5358 and that are above the specified patient reduction targets made pursuant to subparagraph (B). (g) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the State Department of State Hospitals may implement, interpret, or make specific this section by means of a departmental letter or other similar instruction, as necessary. (h) Contracts awarded pursuant to this section, including contracts to implement solutions developed by the Incompetent to Stand Trial Solutions Workgroup, shall be exempt from the requirements contained in the Public Contract Code, Section 19130 of the Government Code, Section 4101.5, and the State Administrative Manual and shall not be subject to approval by the Department of General Services. (Added by Stats. 2021, Ch. 143, Sec. 350. (AB 133) Effective July 27, 2021.)
  82. 4148.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4100 - 4148] ( Heading of Chapter 1 renamed from Article 1 (of former Chapter 2) by Stats. 1977, Ch. 1252. )

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    The State Department of State Hospitals must send a report by January 31, 2026 to two budget committees about specified 2024–25 psychiatrist spending and staffing figures.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4100 - 4148] ( Heading of Chapter 1 renamed from Article 1 (of former Chapter 2) by Stats. 1977, Ch. 1252. ) ## 4148. (a) On or before January 31, 2026, the State Department of State Hospitals shall submit a report to the Senate Committee on Budget and Fiscal Review and the Assembly Committee on Budget providing amounts expended during the 2024–25 fiscal year, pursuant to Article 10.15 of the Bargaining Unit 16 Memorandum of Understanding between the State of California and the Union of American Physicians and Dentists, related to the following: (1) The amount budgeted for civil service psychiatrists. (2) The amount expended for civil service psychiatrists. (3) The amount expended on civil service psychiatrists working additional caseload. (4) The number of civil service psychiatrists who participated in working additional caseload. (5) The amount expended on contract psychiatrists. (b) This section shall become inoperative on June 30, 2026, and, as of January 1, 2027, is repealed. (Added by Stats. 2024, Ch. 231, Sec. 1. (AB 310) Effective January 1, 2025. Inoperative June 30, 2026, by its own provisions. Repealed as of January 1, 2027, by its own provisions.)
  83. 4200.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 2. Boards of Trustees and Other Advisory Boards [4200 - 4203] ( Heading of Chapter 2 renamed from Article 2 (of former Chapter 2) by Stats. 1977, Ch. 1252. )

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    State hospitals must have hospital advisory boards, with members appointed by the Governor and limited term rules.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 2. Boards of Trustees and Other Advisory Boards [4200 - 4203] ( Heading of Chapter 2 renamed from Article 2 (of former Chapter 2) by Stats. 1977, Ch. 1252. ) ## 4200. (a) Each state hospital under the jurisdiction of the State Department of State Hospitals shall have a hospital advisory board of eight members appointed by the Governor from a list of nominations submitted to him or her by the boards of supervisors of counties within each hospital’s designated service area. If a state hospital provides services for both persons with mental health disorders and persons with developmental disabilities, there shall be a separate advisory board for the program provided to persons with mental health disorders and a separate board for the program provided to persons with developmental disabilities. To the extent feasible, an advisory board serving a hospital for persons with mental health disorders shall consist of one member who has been a patient in a state hospital and two members shall be the parents, spouse, siblings, or adult children of persons who are or have been patients in a state hospital, three representatives of different professional disciplines selected from primary user counties for patients under Part 1 (commencing with Section 5000) of Division 5, and two representatives of the general public who have demonstrated an interest in services to people with mental health disorders. (b) Of the members first appointed after the operative date of the amendments made to this section during the 1975–76 legislative session, one shall be appointed for a term of two years, and one for three years. Thereafter, each appointment shall be for the term of three years, except that an appointment to fill a vacancy shall be for the unexpired term only. No person shall be appointed to serve more than a maximum of two terms as a member of the board. (c) Notwithstanding any provision of this section, members serving on the hospital advisory board on the operative date of the amendments made to this section during the 1987–88 legislative session, may continue to serve on the board until the expiration of their term. The Legislature intends that changes in the composition of the board required by these amendments apply to future vacancies on the board. (Amended by Stats. 2014, Ch. 144, Sec. 71. (AB 1847) Effective January 1, 2015.)
  84. 4201.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 2. Boards of Trustees and Other Advisory Boards [4200 - 4203] ( Heading of Chapter 2 renamed from Article 2 (of former Chapter 2) by Stats. 1977, Ch. 1252. )

    Verify source ↗

    A hospital advisory board appointee is ineligible if they are a legislator or elective state officer, and they lose the office if they later become one. Missing three consecutive regular meetings also makes the office vacant unless the appointee is ill or out of state.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 2. Boards of Trustees and Other Advisory Boards [4200 - 4203] ( Heading of Chapter 2 renamed from Article 2 (of former Chapter 2) by Stats. 1977, Ch. 1252. ) ## 4201. No person shall be eligible for appointment to a hospital advisory board if he is a Member of the Legislature or an elective state officer, and if he becomes such after his appointment his office shall be vacated and a new appointment made. If any appointee fails to attend three consecutive regular meetings of the board, unless he is ill or absent from the state, his office becomes vacant, and the board, by resolution, shall so declare, and shall forthwith transmit a certified copy of such resolution to the Governor. (Amended by Stats. 1969, Ch. 459.)
  85. 4202.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 2. Boards of Trustees and Other Advisory Boards [4200 - 4203] ( Heading of Chapter 2 renamed from Article 2 (of former Chapter 2) by Stats. 1977, Ch. 1252. )

    Verify source ↗

    State hospital advisory boards may visit and advise on hospital operations and community mental health coordination, and their members must meet regularly and serve without compensation except necessary expenses.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 2. Boards of Trustees and Other Advisory Boards [4200 - 4203] ( Heading of Chapter 2 renamed from Article 2 (of former Chapter 2) by Stats. 1977, Ch. 1252. ) ## 4202. The advisory boards of the several state hospitals are advisory to the State Department of State Hospitals and the Legislature with power of visitation and advice with respect to the conduct of the hospitals and coordination with community mental health programs. The members of the boards shall serve without compensation other than necessary expenses incurred in the performance of duty. They shall organize and elect a chairman. They shall meet at least once every three months and at such other times as they are called by the chairman, by the medical director, by the head of the department or a majority of the board. No expenses shall be allowed except in connection with meetings so held. (Amended by Stats. 2012, Ch. 24, Sec. 105. (AB 1470) Effective June 27, 2012.)
  86. 4202.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 2. Boards of Trustees and Other Advisory Boards [4200 - 4203] ( Heading of Chapter 2 renamed from Article 2 (of former Chapter 2) by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The board chairman must meet annually with specified hospital and mental health officials, chairmen may recover necessary expenses for attending, and the department is intended to help develop the required regional meetings.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 2. Boards of Trustees and Other Advisory Boards [4200 - 4203] ( Heading of Chapter 2 renamed from Article 2 (of former Chapter 2) by Stats. 1977, Ch. 1252. ) ## 4202.5. (a) The chairman of a hospital advisory board advising a hospital for persons with mental health disorders shall meet annually with the hospital director, the community mental health directors, and the chairmen of the mental health advisory boards representing counties within the hospital’s designated service area. (b) The chairmen shall be allowed necessary expenses incurred in attending these meetings. (c) It is the intent of the Legislature that the department assist the development of annual regional meetings required by this section. (Amended by Stats. 2014, Ch. 144, Sec. 72. (AB 1847) Effective January 1, 2015.)
  87. 4203.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 2. Boards of Trustees and Other Advisory Boards [4200 - 4203] ( Heading of Chapter 2 renamed from Article 2 (of former Chapter 2) by Stats. 1977, Ch. 1252. )

    Verify source ↗

    Atascadero State Hospital must have a seven-person advisory board appointed by the Governor.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 2. Boards of Trustees and Other Advisory Boards [4200 - 4203] ( Heading of Chapter 2 renamed from Article 2 (of former Chapter 2) by Stats. 1977, Ch. 1252. ) ## 4203. The Atascadero State Hospital shall have an advisory board of seven persons appointed by the Governor, each of whom holds office for the term of three years. To the extent feasible the composition of board membership shall consist of two persons, who at the time of their appointment are relatives of the patient population, three representatives of professional disciplines serving the patient population, and two representatives of the general public. The board shall advise and consult with the department with respect to the conduct of the hospital. The members of the board shall serve without compensation other than necessary expenses incurred in attendance at meetings. (Amended by Stats. 1975, Ch. 1057.)
  88. 4240.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 2.5. Families of Persons With a Serious Mental Health Disorder [4240 - 4245] ( Heading of Chapter 2.5 amended by Stats. 2024, Ch. 948, Sec. 7. )

    Verify source ↗

    The Legislature states that families of people with serious mental health disorders often need support, guidance, and self-help resources to cope with caregiving stress.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 2.5. Families of Persons With a Serious Mental Health Disorder [4240 - 4245] ( Heading of Chapter 2.5 amended by Stats. 2024, Ch. 948, Sec. 7. ) ## 4240. The Legislature finds and declares all of the following: (a) The symptoms and behaviors of persons with a serious mental health disorder may cause severe disruption of normal family relationships. (b) Families are often the principal caregivers, housing providers, and case managers for family members with a serious mental health disorder. (c) Families of persons with a serious mental health disorder more often than not have little or no legal authority over their adult family members with a mental health disorder who are sometimes difficult to manage. Consequently, they need advice, skills, emotional support, and guidance to cope with the stress of caregiving in order to be effective and helpful. (d) Involved families are of inestimable value to the publicly funded and professionally operated state and county mental health system and programs emphasizing self-help can be the best way to assist families in maintaining the cohesion of family life while caring for and assisting a family member with a mental health disorder. (e) Since the state’s mental health resources are limited and are increasingly being directed on a priority basis toward provision of services to persons with a serious mental health disorder, informed and active families helping one another can effectively extend and amplify the value of state mental health dollars. (Amended by Stats. 2024, Ch. 948, Sec. 8. (AB 2119) Effective January 1, 2025.)
  89. 4241.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 2.5. Families of Persons With a Serious Mental Health Disorder [4240 - 4245] ( Heading of Chapter 2.5 amended by Stats. 2024, Ch. 948, Sec. 7. )

    Verify source ↗

    The Legislature states that this chapter is meant to support family self-help programs and use an existing statewide family network to help families share information, advice, and emotional support.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 2.5. Families of Persons With a Serious Mental Health Disorder [4240 - 4245] ( Heading of Chapter 2.5 amended by Stats. 2024, Ch. 948, Sec. 7. ) ## 4241. (a) It is the intent of the Legislature, by this chapter, to support an organized program of self-help in which families exchange information, advice, and emotional support to enable them to maintain and strengthen family life and secure or provide more effective treatment, care, and rehabilitation for family members with mental health disorders. (b) It is further the intent of the Legislature to utilize an existing organized statewide network of families, who have family members with mental health disorders, as a means of delivering the services designated in this chapter. (Amended by Stats. 2014, Ch. 144, Sec. 74. (AB 1847) Effective January 1, 2015.)
  90. 4242.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 2.5. Families of Persons With a Serious Mental Health Disorder [4240 - 4245] ( Heading of Chapter 2.5 amended by Stats. 2024, Ch. 948, Sec. 7. )

    Verify source ↗

    This section defines “family” and “serious mental health disorder” for this chapter.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 2.5. Families of Persons With a Serious Mental Health Disorder [4240 - 4245] ( Heading of Chapter 2.5 amended by Stats. 2024, Ch. 948, Sec. 7. ) ## 4242. As used in this chapter, the following definitions apply: (a) “Family” means persons whose children, spouses, siblings, parents, grandparents, or grandchildren have a serious mental health disorder. (b) “Serious mental health disorder” means a mental health disorder that is severe in degree and persistent in duration and that may cause a behavioral disorder or impair functioning so as to interfere substantially with activities of daily living. Serious mental health disorders include schizophrenia, major affective disorders, and other severely disabling mental health disorders. (Amended by Stats. 2019, Ch. 9, Sec. 20. (AB 46) Effective January 1, 2020.)
  91. 4243.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 2.5. Families of Persons With a Serious Mental Health Disorder [4240 - 4245] ( Heading of Chapter 2.5 amended by Stats. 2024, Ch. 948, Sec. 7. )

    Verify source ↗

    Money appropriated for this chapter must be spent on a contract to create a statewide family support network, and a request for proposal must be issued for eligible applicants.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 2.5. Families of Persons With a Serious Mental Health Disorder [4240 - 4245] ( Heading of Chapter 2.5 amended by Stats. 2024, Ch. 948, Sec. 7. ) ## 4243. (a) All funds appropriated for the purposes of this chapter shall be used to contract with an organization to establish a statewide network of families who have family members with mental health disorders for the purpose of providing information, advice, support, and other assistance to these families. (b) A request for proposal shall be issued seeking applicants who are capable of supplying the services specified in Section 4244. The respondent organizations shall demonstrate that they: (1) Focus their activities exclusively on persons with serious mental health disorders. (2) Have experience in successfully working with state agencies, including, but not limited to, the State Department of State Hospitals. (3) Have the ability to reach and involve the target population as active members. (4) Have proven experience providing structured self-help services that benefit the target population. (5) Have experience holding statewide and local conferences to educate families and professionals regarding the needs of persons with mental health disorders. (6) Have the financial and organizational structure and experience to manage the funds provided under the proposed contract. (Amended by Stats. 2014, Ch. 144, Sec. 75. (AB 1847) Effective January 1, 2015.)
  92. 4244.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 2.5. Families of Persons With a Serious Mental Health Disorder [4240 - 4245] ( Heading of Chapter 2.5 amended by Stats. 2024, Ch. 948, Sec. 7. )

    Verify source ↗

    The Director of State Hospitals must contract with the successful bidder to provide specified services for families of persons with serious mental health disorders.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 2.5. Families of Persons With a Serious Mental Health Disorder [4240 - 4245] ( Heading of Chapter 2.5 amended by Stats. 2024, Ch. 948, Sec. 7. ) ## 4244. The Director of State Hospitals shall enter into a contract with the successful bidder to provide services that shall include, but not be necessarily limited to, all of the following: (a) Production and statewide dissemination of information to families regarding methods of obtaining and evaluating services needed by family members with mental health disorders. (b) Provision of timely advice, counseling, and other supportive services to assist families in coping with emotional stress and to enable them to care for or otherwise assist family members with mental disorders. (c) Organizing family self-help services in local communities, accessible to families throughout the state. (d) Conducting training programs for mental health practitioners and college and university students to inform current and future mental health professionals of the needs of families and methods of utilizing family resources to assist clients with mental health disorders. (Amended by Stats. 2014, Ch. 144, Sec. 76. (AB 1847) Effective January 1, 2015.)
  93. 4245.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 2.5. Families of Persons With a Serious Mental Health Disorder [4240 - 4245] ( Heading of Chapter 2.5 amended by Stats. 2024, Ch. 948, Sec. 7. )

    Verify source ↗

    Contracts under this chapter must run from July 1 to June 30 each fiscal year, unless ended earlier by the Director of State Hospitals or the contractor. The contractor must also file an annual report on expenditures and program accomplishments.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 2.5. Families of Persons With a Serious Mental Health Disorder [4240 - 4245] ( Heading of Chapter 2.5 amended by Stats. 2024, Ch. 948, Sec. 7. ) ## 4245. Contracts entered in pursuant to this chapter shall: (a) Have an annual contract period from July 1 through June 30 of each fiscal year unless the Director of State Hospitals or the contractor terminates the contract earlier. (b) Require an annual report by the contractor accounting for all expenditures and program accomplishments. (Amended by Stats. 2012, Ch. 24, Sec. 108. (AB 1470) Effective June 27, 2012.)
  94. 4300.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. Officers and Employees [4300 - 4321] ( Heading of Chapter 3 renamed from Article 3 (of former Chapter 2) by Stats. 1977, Ch. 1252. )

    Verify source ↗

    This section defines which people count as “officers” of a state hospital for this chapter.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. Officers and Employees [4300 - 4321] ( Heading of Chapter 3 renamed from Article 3 (of former Chapter 2) by Stats. 1977, Ch. 1252. ) ## 4300. As used in this chapter, “officers” of a state hospital means: (a) Medical director. (b) Hospital administrator. (c) Hospital director. (d) Chief of police services at the hospital. (e) Any other hospital employee appointed and deemed by the Director of State Hospitals to be an officer. (Amended by Stats. 2020, Ch. 12, Sec. 39. (AB 80) Effective June 29, 2020.)
  95. 4301.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. Officers and Employees [4300 - 4321] ( Heading of Chapter 3 renamed from Article 3 (of former Chapter 2) by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The Director of State Hospitals must appoint specified hospital officers and program directors, and the Governor must appoint medical directors on recommendation. The department’s medical director must be a California-licensed physician and is responsible for medical-care standards and related functions.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. Officers and Employees [4300 - 4321] ( Heading of Chapter 3 renamed from Article 3 (of former Chapter 2) by Stats. 1977, Ch. 1252. ) ## 4301. (a) The Director of State Hospitals shall appoint and define the duties, subject to the laws governing civil service, of all of the following officers: (1) A hospital administrator. (2) A hospital director. (3) A chief of police services. (4) Any other hospital employee appointed and deemed by the Director of State Hospitals to be an officer. (b) The Director of State Hospitals shall appoint a program director for each program at a state hospital. (c) The Governor, upon the recommendation of the Director of State Hospitals, shall appoint one medical director for the department and one medical director for each state hospital. The medical director of the department shall be a physician licensed to practice medicine in California and shall be responsible for standards, research, coordination, surveillance, and planning for the improvement of medical care for the department. (Amended by Stats. 2020, Ch. 12, Sec. 40. (AB 80) Effective June 29, 2020.)
  96. 4302.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. Officers and Employees [4300 - 4321] ( Heading of Chapter 3 renamed from Article 3 (of former Chapter 2) by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The Director of State Hospitals has final authority to decide all other employee needs, after considering program requests from the various hospitals.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. Officers and Employees [4300 - 4321] ( Heading of Chapter 3 renamed from Article 3 (of former Chapter 2) by Stats. 1977, Ch. 1252. ) ## 4302. The Director of State Hospitals shall have the final authority for determining all other employee needs after consideration of program requests from the various hospitals. (Amended by Stats. 2012, Ch. 24, Sec. 110. (AB 1470) Effective June 27, 2012.)
  97. 4303.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. Officers and Employees [4300 - 4321] ( Heading of Chapter 3 renamed from Article 3 (of former Chapter 2) by Stats. 1977, Ch. 1252. )

    Verify source ↗

    State hospitals must include certain officers’ salaries and employees’ wages in their budget estimates and pay them like other hospital expenses.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. Officers and Employees [4300 - 4321] ( Heading of Chapter 3 renamed from Article 3 (of former Chapter 2) by Stats. 1977, Ch. 1252. ) ## 4303. Salaries of resident and other officers and wages of employees shall be included in the budget estimates of, and paid in the same manner as other expenses of, the state hospitals. (Repealed and added by Stats. 1976, Ch. 962.)
  98. 4304.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. Officers and Employees [4300 - 4321] ( Heading of Chapter 3 renamed from Article 3 (of former Chapter 2) by Stats. 1977, Ch. 1252. )

    Verify source ↗

    State hospital officers and employees must focus their work on the medical and nursing care of patients with mental health disorders.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. Officers and Employees [4300 - 4321] ( Heading of Chapter 3 renamed from Article 3 (of former Chapter 2) by Stats. 1977, Ch. 1252. ) ## 4304. The primary purpose of a state hospital is the medical and nursing care of patients with mental health disorders. The efforts and direction of the officers and employees of each state hospital shall be directed to this end. (Amended by Stats. 2014, Ch. 144, Sec. 77. (AB 1847) Effective January 1, 2015.)
  99. 4305.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. Officers and Employees [4300 - 4321] ( Heading of Chapter 3 renamed from Article 3 (of former Chapter 2) by Stats. 1977, Ch. 1252. )

    Verify source ↗

    A state hospital medical director is responsible for managing medical care and must meet physician, licensing, specialty, and qualification requirements.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. Officers and Employees [4300 - 4321] ( Heading of Chapter 3 renamed from Article 3 (of former Chapter 2) by Stats. 1977, Ch. 1252. ) ## 4305. (a) Subject to the rules and regulations established by the department, and under the supervision of the hospital director, the medical director of a state hospital shall be responsible for the planning, development, direction, management, supervision, and evaluation of medical care provided. (b) A medical director of a state hospital shall be a physician who has passed, or shall pass, an examination for a license to practice medicine in California and shall be a qualified specialist in a branch of medicine that includes diseases affecting the brain and nervous system. The medical director of a state hospital shall be well qualified by training or experience to have proven skills in mental hospital program administration. (Amended by Stats. 2020, Ch. 12, Sec. 41. (AB 80) Effective June 29, 2020.)
  100. 4306.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. Officers and Employees [4300 - 4321] ( Heading of Chapter 3 renamed from Article 3 (of former Chapter 2) by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The hospital administrator must manage and supervise administrative and supportive services in the hospital facility and provide support services to hospital treatment programs, within available resources.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. Officers and Employees [4300 - 4321] ( Heading of Chapter 3 renamed from Article 3 (of former Chapter 2) by Stats. 1977, Ch. 1252. ) ## 4306. (a) Subject to the rules and regulations established by the department, under the supervision of the hospital director, the hospital administrator shall be responsible for the planning, development, direction, management and supervision of all administrative and supportive services in the hospital facility. These services include, but are not limited to, all of the following: (1) All administrative functions, such as personnel, accounting, budgeting, and patients’ accounts. (2) All life-support functions, such as food services, facility maintenance and patient supplies. (3) All other business functions. (b) It shall be the responsibility of the hospital administrator to provide support services, as specified in this section, within available resources, to all hospital treatment programs. (Amended by Stats. 2020, Ch. 12, Sec. 42. (AB 80) Effective June 29, 2020.)
  101. 4307.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. Officers and Employees [4300 - 4321] ( Heading of Chapter 3 renamed from Article 3 (of former Chapter 2) by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The hospital director is the hospital’s chief executive officer and is responsible for all hospital operations.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. Officers and Employees [4300 - 4321] ( Heading of Chapter 3 renamed from Article 3 (of former Chapter 2) by Stats. 1977, Ch. 1252. ) ## 4307. The hospital director is the chief executive officer of the hospital and is responsible for all hospital operations. (Amended by Stats. 2020, Ch. 12, Sec. 43. (AB 80) Effective June 29, 2020.)
  102. 4308.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. Officers and Employees [4300 - 4321] ( Heading of Chapter 3 renamed from Article 3 (of former Chapter 2) by Stats. 1977, Ch. 1252. )

    Verify source ↗

    When a vacancy occurs, the Director of State Hospitals must appoint certain hospital staff and set qualification standards for program directors, while not adopting rules that bar specified licensed professionals from patient-program jobs.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. Officers and Employees [4300 - 4321] ( Heading of Chapter 3 renamed from Article 3 (of former Chapter 2) by Stats. 1977, Ch. 1252. ) ## 4308. (a) If a vacancy occurs in a hospital under the jurisdiction of the Director of State Hospitals, the Director of State Hospitals shall appoint, as provided in Section 4301, a hospital administrator, a hospital director, and program directors. (b) A hospital administrator shall be selected based on their overall knowledge of the hospital and the operation of its administrative, business, and life-support functions and shall have had experience in this area. (c) The hospital director shall be selected based on their overall knowledge of the hospital, its programs, and its relationship to its community, and on their demonstrated abilities to administer a large facility. (d) The standards for the professional qualifications of a program director shall be established by the Director of State Hospitals for each patient program. The Director of State Hospitals shall not adopt regulations that prohibit a licensed psychiatrist, psychologist, psychiatric technician, or clinical social worker from employment in a patient program in any professional, administrative, or technical position. However, the program director of a medical-surgical unit shall be a licensed physician. (e) If the program director is not a physician, a physician shall be available to assume responsibility for all those acts of diagnosis, treatment, or prescribing or ordering of drugs that may only be performed by a licensed physician. (Amended by Stats. 2020, Ch. 12, Sec. 44. (AB 80) Effective June 29, 2020.)
  103. 4309.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. Officers and Employees [4300 - 4321] ( Heading of Chapter 3 renamed from Article 3 (of former Chapter 2) by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The hospital director is responsible for overall hospital management.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. Officers and Employees [4300 - 4321] ( Heading of Chapter 3 renamed from Article 3 (of former Chapter 2) by Stats. 1977, Ch. 1252. ) ## 4309. The hospital director is responsible for the overall management of the hospital. In the hospital director’s absence, one of the other hospital officers, or in the absence of the other hospital officers, a program director, or other hospital representative shall be designated to perform the hospital director’s duties and assume the hospital director’s responsibilities. (Amended by Stats. 2020, Ch. 12, Sec. 45. (AB 80) Effective June 29, 2020.)
  104. 4311.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. Officers and Employees [4300 - 4321] ( Heading of Chapter 3 renamed from Article 3 (of former Chapter 2) by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The hospital’s chief of police services must keep the peace in the hospital buildings and grounds, and may arrest or have arrested people who commit or attempt public offenses there.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. Officers and Employees [4300 - 4321] ( Heading of Chapter 3 renamed from Article 3 (of former Chapter 2) by Stats. 1977, Ch. 1252. ) ## 4311. (a) The chief of police services at the hospital shall be responsible for preserving the peace in the hospital buildings and grounds and may arrest or cause the arrest and appearance before the nearest magistrate for examination, of all persons who attempt to commit or have committed a public offense thereon. (b) The chief of police services shall be an experienced law enforcement officer who has completed the management training course prescribed by the Commission on Peace Officer Standards and Training, with management experience directing uniformed peace officers and investigation officers. (Amended by Stats. 2018, Ch. 424, Sec. 9. (SB 1495) Effective January 1, 2019.)
  105. 4312.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. Officers and Employees [4300 - 4321] ( Heading of Chapter 3 renamed from Article 3 (of former Chapter 2) by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The hospital director may set rules for patient care, research, clinical training, and hospital grounds if they do not conflict with law or departmental regulations.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. Officers and Employees [4300 - 4321] ( Heading of Chapter 3 renamed from Article 3 (of former Chapter 2) by Stats. 1977, Ch. 1252. ) ## 4312. The hospital director may establish rules and regulations not inconsistent with law or departmental regulations, concerning the care and treatment of patients, research, clinical training, and for the government of the hospital buildings and grounds. Any person who knowingly or willfully violates such rules and regulations may, upon the order of either of the hospital officers, be ejected from the buildings and premises of the hospital. (Repealed and added by Stats. 1976, Ch. 962.)
  106. 4313.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. Officers and Employees [4300 - 4321] ( Heading of Chapter 3 renamed from Article 3 (of former Chapter 2) by Stats. 1977, Ch. 1252. )

    Verify source ↗

    Certain hospital police personnel have powers given by law, and when directed by the hospital director they must enforce hospital rules and help maintain order, property protection, and treatment-safety-security integration.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. Officers and Employees [4300 - 4321] ( Heading of Chapter 3 renamed from Article 3 (of former Chapter 2) by Stats. 1977, Ch. 1252. ) ## 4313. The chief of police services, supervising investigators, investigators, and each hospital police officer have the powers and authority conferred by law upon each respectively as set forth in subdivision (v) of Section 830.3 and Section 830.38 of the Penal Code. When and as directed by the hospital director, the chief of police services, supervising investigators, investigators, and hospital police officers shall enforce the rules and regulations of the hospital, preserve peace and order on the premises thereof, protect and preserve the property of the state, and help ensure integration of treatment, safety, and security. (Amended by Stats. 2018, Ch. 424, Sec. 10. (SB 1495) Effective January 1, 2019.)
  107. 4313.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. Officers and Employees [4300 - 4321] ( Heading of Chapter 3 renamed from Article 3 (of former Chapter 2) by Stats. 1977, Ch. 1252. )

    Verify source ↗

    State hospital investigators must request a sexual assault forensic medical examination for qualifying residents, and the exam may be done at the hospital only under stated safety and facility conditions.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. Officers and Employees [4300 - 4321] ( Heading of Chapter 3 renamed from Article 3 (of former Chapter 2) by Stats. 1977, Ch. 1252. ) ## 4313.5. (a) Designated investigators of state hospitals shall request a sexual assault forensic medical examination for any resident of a state hospital who is a victim or reasonably suspected to be a victim of sexual assault, as defined in Section 15610.63, performed at an appropriate facility off the grounds of a state hospital in accordance with Sections 13823.5 to 13823.12, inclusive, of the Penal Code, which includes, but is not limited to, the requirement that the law enforcement agency having jurisdiction over the city or county in which the state hospital is located be notified by the person performing the sexual assault forensic medical examination and that consent is obtained as required by subdivisions (a) and (c) of Section 13823.11 of the Penal Code. (b) The sexual assault forensic medical examination described in subdivision (a) may be performed at a state hospital by an independent sexual assault forensic examiner designated to perform examinations of victims of sexual assault in the jurisdiction of the state hospital only if it is deemed safer for the victim and the state hospital’s examination facilities are equipped with forensic examination and evidence collection capability comparable to that of the designated community examination facility, as determined by the independent sexual assault forensic examiner. (Added by Stats. 2013, Ch. 724, Sec. 4. (SB 651) Effective January 1, 2014.)
  108. 4314.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. Officers and Employees [4300 - 4321] ( Heading of Chapter 3 renamed from Article 3 (of former Chapter 2) by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The Director of State Hospitals may set aside space, rent it for stores or canteens, and must follow limits on nonprofit operation, charges, and department rules.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. Officers and Employees [4300 - 4321] ( Heading of Chapter 3 renamed from Article 3 (of former Chapter 2) by Stats. 1977, Ch. 1252. ) ## 4314. (a) The Director of State Hospitals may set aside and designate any space on the grounds of any of the institutions under the jurisdiction of the department that is not needed for other authorized purposes, to enable the institution to establish and maintain therein a store or canteen for the sale to or for the benefit of patients of the institution of candies, sundries, and other articles. The stores shall be conducted subject to the rules and regulations of the department and the rental, utility, and service charges shall be fixed as will reimburse the institutions for the cost thereof. The stores when conducted under the direction of a hospital administrator shall be operated on a nonprofit basis but any profits derived shall be deposited in the benefit fund of each institution as set forth in Section 4125. (b) Before any store is authorized or established, the Director of State Hospitals shall first determine that the facilities are not being furnished adequately by private enterprise in the community where it is proposed to locate the store, and may hold public hearings or cause surveys to be made, to determine the same. (c) The Director of State Hospitals may rent space to private individuals, for the maintenance of a store or canteen at any of these institutions upon any terms and subject to any regulations that are approved by the Department of General Services, in accordance with the provisions of Section 13109 of the Government Code. The terms imposed shall provide that the rental, utility, and service charges to be paid shall be fixed so as to reimburse the institution for the cost thereof and any additional charges required to be paid shall be deposited in the benefit fund of the institution as set forth in Section 4125. (Amended by Stats. 2020, Ch. 12, Sec. 46. (AB 80) Effective June 29, 2020.)
  109. 4316.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. Officers and Employees [4300 - 4321] ( Heading of Chapter 3 renamed from Article 3 (of former Chapter 2) by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The hospital director may set up a sheltered workshop at a state hospital, if department rules allow it.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. Officers and Employees [4300 - 4321] ( Heading of Chapter 3 renamed from Article 3 (of former Chapter 2) by Stats. 1977, Ch. 1252. ) ## 4316. (a) Subject to rules and regulations adopted by the department, the hospital director may establish a sheltered workshop at a state hospital to provide patients with remunerative work performed in a setting which simulates that of industry and is performed in such a manner as to meet standards of industrial quality. The workshop shall be so operated as to provide the treatment staff with a realistic atmosphere for assessing patients’ capabilities in work settings, and to provide opportunities to strengthen and expand patient interests and aptitudes. (b) Notwithstanding any payment schedule approved by the department, state hospital patients who participate in sheltered workshops established under this section are not “employees” within the meaning of Sections 18526 and 18529 of the Government Code and Sections 1182.12, 1191.5, and 2750 of the Labor Code. (Amended by Stats. 2019, Ch. 38, Sec. 43. (SB 78) Effective June 27, 2019.)
  110. 4317.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. Officers and Employees [4300 - 4321] ( Heading of Chapter 3 renamed from Article 3 (of former Chapter 2) by Stats. 1977, Ch. 1252. )

    Verify source ↗

    State hospitals with sheltered workshops must maintain a sheltered workshop fund administered by the clinical director, and workshop receipts must be deposited into that fund.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. Officers and Employees [4300 - 4321] ( Heading of Chapter 3 renamed from Article 3 (of former Chapter 2) by Stats. 1977, Ch. 1252. ) ## 4317. At each state hospital at which there is established a sheltered workshop, there shall be a sheltered workshop fund administered by the clinical director. The fund shall be used for the purchase of materials, for the purchase or rental of equipment needed in the manufacturing, fabricating, or assembly of products, for the payment of remuneration to patients engaged in work at the workshop, and for the payment of such other costs of the operation of the workshop as may be directed by the medical director. The clinical director may cause the raw materials, goods in process, finished products, and equipment necessary for the production thereof to be insured against any and all risks of loss, subject to the approval of the Department of General Services. The costs of such insurance shall be paid from the sheltered workshop fund. All money received from the manufacture, fabrication, assembly, or distribution of products at any state hospital sheltered workshop shall be deposited and credited to the hospital’s sheltered workshop fund. (Added by Stats. 1976, Ch. 962.)
  111. 4317.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. Officers and Employees [4300 - 4321] ( Heading of Chapter 3 renamed from Article 3 (of former Chapter 2) by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The hospital director may, if department rules allow, provide vocational rehabilitation programs for state hospital patients. Participating patients are not treated as employees under the listed statutes.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. Officers and Employees [4300 - 4321] ( Heading of Chapter 3 renamed from Article 3 (of former Chapter 2) by Stats. 1977, Ch. 1252. ) ## 4317.5. The hospital director, subject to rules and regulations adopted by the department, may in addition to establishing a sheltered workshop, provide other vocational rehabilitation programs for state hospital patients. Notwithstanding any payment schedule approved by the department, state hospital patients who participate in a vocational rehabilitation program established under this section are not “employees” within the meaning of Sections 18526 and 18529 of the Government Code and Sections 1182.12, 1191.5, and 2750 of the Labor Code. (Added by Stats. 2019, Ch. 38, Sec. 44. (SB 78) Effective June 27, 2019.)
  112. 4318.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. Officers and Employees [4300 - 4321] ( Heading of Chapter 3 renamed from Article 3 (of former Chapter 2) by Stats. 1977, Ch. 1252. )

    Verify source ↗

    State hospitals must prepare a written recommended aftercare plan before discharging certain patients and send it to the county’s local director of mental health services.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. Officers and Employees [4300 - 4321] ( Heading of Chapter 3 renamed from Article 3 (of former Chapter 2) by Stats. 1977, Ch. 1252. ) ## 4318. Each state hospital shall, prior to the discharge of any patient who was placed in the facility under a county Short-Doyle plan, prepare a written recommended aftercare plan which shall be transmitted to the local director of mental health services in the county of the patient’s placement. Notwithstanding any other provision of law, such aftercare plan shall specify the following: (a) Diagnoses; (b) Treatment initiated; (c) Medications and their dosage schedules; (d) Date of discharge; (e) Location of community placement; (f) Plan for continuing treatment; and (g) List of referrals indicated, including, but not limited to: (1) Public social services. (2) Legal aid. (3) Educational services. (4) Vocational services. (5) Medical treatment other than mental health services. (Repealed and added by Stats. 1976, Ch. 962.)
  113. 4319.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. Officers and Employees [4300 - 4321] ( Heading of Chapter 3 renamed from Article 3 (of former Chapter 2) by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The State Department of State Hospitals must provide adequate in-service training for state hospital treatment personnel.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. Officers and Employees [4300 - 4321] ( Heading of Chapter 3 renamed from Article 3 (of former Chapter 2) by Stats. 1977, Ch. 1252. ) ## 4319. To ensure a continuous level of competency for all state hospital treatment personnel under the jurisdiction of the State Department of State Hospitals, the department shall provide adequate in-service training programs for such state hospital treatment personnel. (Amended by Stats. 2012, Ch. 24, Sec. 111. (AB 1470) Effective June 27, 2012.)
  114. 4320.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. Officers and Employees [4300 - 4321] ( Heading of Chapter 3 renamed from Article 3 (of former Chapter 2) by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The State Department of State Hospitals must establish psychiatric technician training in state hospitals when necessary, and unlicensed trainees may not do a licensed psychiatric technician’s duties unless they are under an approved supervision plan.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. Officers and Employees [4300 - 4321] ( Heading of Chapter 3 renamed from Article 3 (of former Chapter 2) by Stats. 1977, Ch. 1252. ) ## 4320. To ensure an adequate supply of licensed psychiatric technicians for state hospitals, the State Department of State Hospitals, to the extent necessary, shall establish in state hospitals a course of study and training equivalent, as determined by the Board of Vocational Nursing and Psychiatric Technicians of the State of California, to the minimum requirements of an accredited program for psychiatric technicians in the state. No unlicensed psychiatric technician trainee shall be permitted to perform the duties of a licensed psychiatric technician as provided by Section 4502 of the Business and Professions Code unless the trainee performs the duties pursuant to a plan of supervision approved by the Board of Vocational Nursing and Psychiatric Technicians of the State of California as part of the equivalency trainee program. This section shall not be construed to reduce the effort presently expended by the community college system or private colleges in training psychiatric technicians. (Amended by Stats. 2014, Ch. 144, Sec. 79. (AB 1847) Effective January 1, 2015.)
  115. 4321.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. Officers and Employees [4300 - 4321] ( Heading of Chapter 3 renamed from Article 3 (of former Chapter 2) by Stats. 1977, Ch. 1252. )

    Verify source ↗

    This section limits certain criminal history checks to specified workers with access to designated facilities, people, or sensitive information, requires the State Department of State Hospitals to send fingerprint information to the Department of Justice, and requires the Department of Justice to return a state- or federal-level response.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. Officers and Employees [4300 - 4321] ( Heading of Chapter 3 renamed from Article 3 (of former Chapter 2) by Stats. 1977, Ch. 1252. ) ## 4321. (a) (1) The criminal history check authorized by this section is limited to an employee, prospective employee, contractor, subcontractor, and volunteer whose duties include, or would include, access to any of the following: (A) A State Department of State Hospitals facility. (B) State Department of State Hospitals patients or clients. (C) Individuals who are being evaluated for commitment to the State Department of State Hospitals. (D) Medical Information, as defined by Section 56.05 of the Civil Code. (E) Criminal offender record information, as defined in Section 11075 of the Penal Code, including federal criminal history information obtained pursuant to subdivision (u) of Section 11105 of the Penal Code. (b) The State Department of State Hospitals shall submit to the Department of Justice fingerprint images and related information required by the Department of Justice of an employee, prospective employee, contractor, subcontractor, and volunteer, specified in subdivision (a), in accordance with subdivision (u) of Section 11105 of the Penal Code. (c) The Department of Justice shall provide a state- or federal-level response pursuant to subdivision (p) of Section 11105 of the Penal Code. (Added by Stats. 2023, Ch. 198, Sec. 21. (SB 152) Effective September 13, 2023.)
  116. 4330.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 4. County Use of State Hospitals [4330 - 4336] ( Chapter 4 added by Stats. 1991, Ch. 89, Sec. 50. )

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    The state mental health department must be reimbursed for county use of state hospital beds, and the director may approve purchase-in or purchase-out bed proposals in the first transitional year.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 4. County Use of State Hospitals [4330 - 4336] ( Chapter 4 added by Stats. 1991, Ch. 89, Sec. 50. ) ## 4330. The State Department of Mental Health, or its successor, the State Department of State Hospitals, shall be reimbursed for use of state hospital beds by counties pursuant to Part 1 (commencing with Section 5000) of Division 5 as follows: (a) (1) For the 1991–92 fiscal year, the department shall receive reimbursement in accordance with subdivision (b) of Section 17601. This total may be adjusted to reflect any and all amounts previously unallocated or held in reserve for use by small counties and any adjustments made pursuant to Chapter 1341 of the Statutes of 1990. (2) It is the intent of the Legislature to encourage and allow greater flexibility with respect to resources during the first transitional year, and, to this end, the Director of Mental Health, or his or her successor, the Director of State Hospitals, may implement proposals for purchase in or purchase out of, state hospital beds which were proposed in accordance with Chapter 1341 of the Statutes of 1990. (3) Funds and bed days historically allocated to small counties shall be allocated to counties with no allocation. (b) Each fiscal year, the State Department of Mental Health, or its successor, the State Department of State Hospitals, shall be reimbursed in accordance with the contracts entered into pursuant to Section 4331. (c) The rate of reimbursement which shall apply each fiscal year shall be determined by the State Department of Mental Health, or its successor, the State Department of State Hospitals, and shall include all actual costs determined by hospital and by type of service provided. Any costs resulting from overexpenditure in the previous year shall be clearly separated from actual costs projected for the contract year and identified as a part of the rate negotiation. Costs shall not include costs incurred for capital outlay relating to existing facilities or capacity, which shall remain the responsibility of the state. Costs for capital outlay related to future expansions or construction of new facilities requested by any county or cost related to innovative arrangements under Section 4355 shall be a cost to the county unless the expansion, construction or innovative arrangements are determined to be of statewide benefit. Pursuant to Section 11343 of the Government Code, the rate of reimbursement shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (d) After final determination of state hospital costs for patients covered under Part 1 (commencing with Section 5000) of Division 5, funds that remain unencumbered at the close of the fiscal year shall be made available to counties that used fewer state hospital beds than their contracted number, proportional to the contracted amount not used, but this amount shall not exceed the value of the unused contracted amount. These funds shall be used for mental health purposes. (Amended by Stats. 2012, Ch. 24, Sec. 113. (AB 1470) Effective June 27, 2012.)
  117. 4331.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 4. County Use of State Hospitals [4330 - 4336] ( Chapter 4 added by Stats. 1991, Ch. 89, Sec. 50. )

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    Counties must annually contract with the state mental health/hospitals department for state hospital beds and give written notices on set deadlines; the department must provide cost information and a process for agreeing bed levels.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 4. County Use of State Hospitals [4330 - 4336] ( Chapter 4 added by Stats. 1991, Ch. 89, Sec. 50. ) ## 4331. (a) No later than July 1, 1992, and in each subsequent year, each county acting singly or in combination with other counties shall contract with the State Department of Mental Health, or its successor, the State Department of State Hospitals, for the number and types of state hospital beds that the department will make available to the county or counties during the fiscal year. Each county contract shall be subject to the provisions of this chapter, as well as other applicable provisions of law, but shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the State Administrative Manual, or the Public Contract Code and shall not be subject to review and approval by the Department of General Services. (b) (1) No later than January 1, 1992, each county acting singly or in combination with other counties, shall notify the State Department of Mental Health in writing as to the number and type of state hospital beds the county or counties will contract for with the state in the 1992–93 fiscal year. (2) No later than July 1, 1992, and no later than July 1 of each subsequent year, each county acting singly or in combination with other counties shall give the State Department of Mental Health, or its successor, the State Department of State Hospitals, preliminary written notification of the number and types of state hospital beds that the county or counties will contract for with the state during the subsequent fiscal year. Counties may include in their notification a request for additional beds beyond their previous year’s contract. (3) No later than January 1, 1993, and no later than January 1 of each subsequent year, each county acting singly or in combination with other counties shall give the State Department of Mental Health, or its successor, the State Department of State Hospitals, final written notifications of the number and types of state hospital beds that the county or counties will contract for with the state during the subsequent fiscal year. These notifications shall not preclude subsequent changes agreed to by both the state and the county in the contract negotiation process. (4) The State Department of Mental Health, or its successor, the State Department of State Hospitals, shall provide counties with preliminary cost and utilization information based on the best data possible, 60 days in advance of the preliminary notification deadline, and a proposed final cost estimate, based on the best data possible, 60 days in advance of the final deadline. Final rates shall be subject to contract agreement. (c) There shall be no increase in the number of beds provided to a county or group of counties during a fiscal year unless the contract between the State Department of Mental Health, or its successor, the State Department of State Hospitals, and that county or group of counties is amended by mutual agreement. Any significant change in services requested by a county shall require amendment of the contract. (d) If a county or group of counties has not contracted with the State Department of Mental Health, or its successor, the State Department of State Hospitals, by July 1 of any given year, the number of beds to be provided that fiscal year shall be the same as the number provided the previous fiscal year, unless the department and a county have formally agreed otherwise, and the rate of reimbursement that shall be paid to the department shall be at the amount set by the department for the fiscal year commencing July 1 of that year. The department shall provide a mechanism for formal agreement of bed levels no later than June 15 of each year. However, after July 1 the department and a county or group of counties may enter into a contract pursuant to this chapter and the contract shall govern the number of state hospital beds and rates of reimbursement for the fiscal year commencing July 1 of that year. (Amended by Stats. 2012, Ch. 24, Sec. 114. (AB 1470) Effective June 27, 2012.)
  118. 4332.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 4. County Use of State Hospitals [4330 - 4336] ( Chapter 4 added by Stats. 1991, Ch. 89, Sec. 50. )

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    Contracts under Section 4331 must state key service and payment terms, and the department must consult counties in advance on major facility or operation changes and provide its rate-setting basis on request.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 4. County Use of State Hospitals [4330 - 4336] ( Chapter 4 added by Stats. 1991, Ch. 89, Sec. 50. ) ## 4332. (a) Contracts entered into pursuant to Section 4331 shall do all of the following: (1) Specify the number of beds to be provided. (2) Specify the rate or rates of reimbursement. (3) Set forth the specific type of services requested by the county, in detail. (4) Specify procedures for admission and discharge. (5) Include any other pertinent terms as agreed to by the department and the county. (b) The department shall consult, in advance, with the counties regarding any changes in state hospital facilities or operations which would significantly impact access to care or quality of care, or significantly increase costs. (c) The department shall make available to counties upon request the basis upon which its rates have been set, including any indirect cost allocation formulas. (Amended by Stats. 2012, Ch. 24, Sec. 115. (AB 1470) Effective June 27, 2012.)
  119. 4333.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 4. County Use of State Hospitals [4330 - 4336] ( Chapter 4 added by Stats. 1991, Ch. 89, Sec. 50. )

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    Counties can reduce state hospital resources only within the section’s limits; reductions generally cannot exceed 10% without approval, and small counties are exempt.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 4. County Use of State Hospitals [4330 - 4336] ( Chapter 4 added by Stats. 1991, Ch. 89, Sec. 50. ) ## 4333. (a) In the event a county or counties elect to reduce their state hospital resources, beginning July 1, 1992, systemwide state hospital net bed reduction in any one year may not exceed 10 percent of the total for patients under Part 1 (commencing with Section 5000) of Division 5 in the prior year without the specific approval of the Director of State Hospitals. (b) Net bed reductions at any one hospital may not exceed 10 percent of its contracted beds without specific approval of the Director of State Hospitals. (c) If the proposed reduction in any year exceeds the maximum permitted amount, the department, with the assistance of counties, shall make every effort to contract for beds with other purchasers. (d) If total county requests for bed reduction in any one year or at any one facility still exceed the amount of reduction allowed, each county’s share of the reduction shall be determined by taking the ratio of its contracted beds to the total contracted and multiplying this by the total beds permitted to be reduced. (e) (1) Small counties shall be exempted from the limitations of this section and shall have the amount of their reduction determined by the Director of State Hospitals. (2) For purposes of this chapter, “small counties” means counties with a population of 125,000 or less based on the most recent available estimates of population data determined by the Demographic Research Unit of the Department of Finance. (f) It is the intent of the Legislature that counties have maximum flexibility in planning the use of these resources, which includes making full use of existing facilities and that the Director of State Hospitals enforce their exemption authority in a manner consistent with this intent. Because freed-up beds may be purchased by other counties or may be used for other purposes, it is anticipated that individual county flexibility will be substantially greater than the 10-percent figure described in subdivisions (a) and (b). (g) Counties may annually contract for state hospital beds as single entities or in combination with other counties. For purposes of this section, small counties, as defined in subdivision (e): (1) Are encouraged to establish regional authorities to pool their resources to assure their ability to provide the necessary array of services to their mentally ill populations not otherwise available to them on an individual basis. (2) May receive loans from the General Fund when emergency state hospital beds are needed, not to exceed one year in duration, with interest payable at the same rate as that earned through the Pooled Money Investment Fund. Any interest due may be waived based upon a finding of emergency by the Secretary of California Health and Human Services and the Director of Finance. (Amended by Stats. 2019, Ch. 29, Sec. 141. (SB 82) Effective June 27, 2019.)
  120. 4333.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 4. County Use of State Hospitals [4330 - 4336] ( Chapter 4 added by Stats. 1991, Ch. 89, Sec. 50. )

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    The State Department of State Hospitals must encourage counties to use state hospital facilities and beds for additional treatment programs through contracts.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 4. County Use of State Hospitals [4330 - 4336] ( Chapter 4 added by Stats. 1991, Ch. 89, Sec. 50. ) ## 4333.5. (a) The State Department of State Hospitals shall encourage the counties to use state hospital facilities, in addition to utilizing state hospital beds pursuant to contract, for additional treatment programs through contracts, on either an individual county or regional basis. (b) For purposes of contracts entered into through encouragement provided by the department pursuant to subdivision (a), costs shall be based on the actual costs to the state, and shall be prorated on an annual lease basis. (Amended by Stats. 2012, Ch. 24, Sec. 117. (AB 1470) Effective June 27, 2012.)
  121. 4334.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 4. County Use of State Hospitals [4330 - 4336] ( Chapter 4 added by Stats. 1991, Ch. 89, Sec. 50. )

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    The State Department of State Hospitals must work with counties to publish and update a service catalogue, create a county-participation planning process, and ensure county involvement in admissions and discharges for certain contracted beds.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 4. County Use of State Hospitals [4330 - 4336] ( Chapter 4 added by Stats. 1991, Ch. 89, Sec. 50. ) ## 4334. The State Department of State Hospitals, in collaboration with counties, shall do all of the following: (a) Prepare and publish a catalogue of available state hospital services. The catalogue shall be updated annually. (b) Develop a process by which a county or group of counties constituting the primary user of a particular hospital may, upon their request individually, or through selected representatives, participate in long-range planning and program development to ensure the provision of appropriate services. (c) Ensure direct county involvement in admission to, and discharge from, beds contracted for patients under Part 1 (commencing with Section 5000) of Division 5. (Amended by Stats. 2012, Ch. 24, Sec. 118. (AB 1470) Effective June 27, 2012.)
  122. 4335.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 4. County Use of State Hospitals [4330 - 4336] ( Chapter 4 added by Stats. 1991, Ch. 89, Sec. 50. )

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    The Director of State Hospitals may contract with a county or group of counties for excess state hospital space to help staff and operate their own program.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 4. County Use of State Hospitals [4330 - 4336] ( Chapter 4 added by Stats. 1991, Ch. 89, Sec. 50. ) ## 4335. Nothing in this chapter is intended to prevent the department from entering into innovative arrangements with counties for delivery of state hospital services. The Director of State Hospitals may contract with a county, or group of counties, for excess state hospital space for purposes of staffing and operating their own program. (Amended by Stats. 2012, Ch. 24, Sec. 119. (AB 1470) Effective June 27, 2012.)
  123. 4335.2.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 4. County Use of State Hospitals [4330 - 4336] ( Chapter 4 added by Stats. 1991, Ch. 89, Sec. 50. )

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    This section creates a Department of State Hospitals reevaluation program for certain IST defendants in jail, using telehealth where appropriate, and requires courts and county jails to provide access and records.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 4. County Use of State Hospitals [4330 - 4336] ( Chapter 4 added by Stats. 1991, Ch. 89, Sec. 50. ) ## 4335.2. (a) As used in this section, “department” means the State Department of State Hospitals. (b) The Legislature finds and declares that the purpose of this section is to establish a program for the department to perform reevaluations primarily through telehealth evaluations for felony incompetent to stand trial (IST) individuals in jail who have been waiting for admission to the department. The goals of this program are: (1) To permit the department to conduct reevaluations of IST defendants committed to the department and awaiting admission to department facilities. (2) To reduce the growing list of IST defendants awaiting placement to a department facility for competency restoration treatment. (3) To help address the significant impacts of the COVID-19 pandemic on the IST waitlist through identification of individuals on the waitlist who have restored to competency in jail, are nonrestorable, are malingering, may be divertible, or have stabilized and are appropriate for outpatient treatment. (4) To reduce the timeframe for a competency evaluation for IST defendants in jail and reduce unnecessary costly hospitalizations. (5) To offer expert forensic mental health consultation to assist in identifying ISTs who may be appropriate for community placement. This supports the principles of deinstitutionalization for individuals who can best be supported in the least restrictive setting in the community. (6) To offer expert medication consultation and technical assistance to local sheriffs to support effective use of psychotropic medications and stabilization of IST defendants awaiting placement to a department facility. (7) To require courts and local county jails to provide to the department all relevant medical, behavioral, and court records of IST defendants committed to the department for evaluation purposes. (8) To require local county jails to provide the department access to IST defendants in county jails and for local county jails to ensure the department the ability to provide reevaluations for IST defendants remotely. (9) To require local county jails to allow the department access to necessary IST defendants’ information, including records and collateral information. (c) The department, or its designee, have the authority and sole discretion to consider and conduct reevaluations for IST defendants committed to and awaiting admission to the department. A reevaluation shall involve a review by a department clinician or contracted clinician of an IST defendant’s relevant medical and mental health records, including prior mental health evaluations and an evaluation of the IST defendant by that department clinician or contracted clinician. When conducting the reevaluation, the department or its designee may request defendant’s counsel to provide any information bearing on the defendant’s capacity to rationally cooperate in their defense that is absent from the records accessible to the court. Defense counsel may provide a written statement of their reasoning for questioning the defendant’s mental competence and the time of their most recent contact with the defendant. Any communication between the defendant’s counsel and the evaluator is confidential pursuant to Section 954 of the Evidence Code. If not already provided, the court shall provide the department with all IST defendant records pursuant to paragraph (3) of subdivision (a) of Section 1370 of the Penal Code, including any updated medical and behavioral health records requested by the department. At the sole discretion of the department, the department clinician or contracted clinician may conduct in person, or video telehealth, evaluations of IST defendants at the local jail for those IST patients awaiting admission to the department. The local jail shall provide the department confidential access to the IST defendant for reevaluation, including establishing and maintaining remote access capabilities at the jail for the department to remotely access the IST defendant. (d) Reevaluations provided by the department clinician or contracted clinician shall include, but are not limited to, the following: (1) Evaluations, including assessment of malingering, pursuant to paragraph (1) of subdivision (b) of Section 1370 of the Penal Code, subdivision (b) of Section 1370.01 of the Penal Code, or paragraph (1) of subdivision (a) of Section 1372 of the Penal Code. (2) Assessments to determine whether the IST defendant should be referred to the county for further evaluation for potential participation in the county diversion program, if one exists, pursuant to clause (v) of subparagraph (B) of paragraph (1) of subdivision (a) of Section 1370 of the Penal Code or paragraph (2) of subdivision (a) of Section 1370.01 of the Penal Code, or other outpatient treatment program. (3) Evaluations on whether the IST defendant is substantially unlikely to be restored to competence in the foreseeable future pursuant to paragraph (1) of subdivision (b) of Section 1370 of the Penal Code or subdivision (b) of Section 1370.01 of the Penal Code. Evaluations shall include, if applicable, facts supporting that a defendant appears gravely disabled as described in subparagraph (A) of paragraph (1) of subdivision (h) of Section 5008, which a court may utilize to order a conservatorship investigator to initiate conservatorship proceedings pursuant to paragraph (3) of subdivision (c) of Section 1370 of the Penal Code. (4) Psychopharmacology evaluations in which a department clinician will identify IST defendants who may need psychotropic medications, a psychopharmacology consultation, or an involuntary medication order. (5) A written report from the department clinician or contracted clinician of their evaluations of the IST defendant, as well as any conclusions of mental health status and recommendations the clinician may have of placement of the IST defendant. (e) A court may issue an order authorizing involuntary administration of antipsychotic medication pursuant to paragraphs (2) and (3) of subdivision (b) of Section 1370 of the Penal Code. The court shall base its determination on the recommendation made by a department clinician pursuant to paragraph (4) of subdivision (d). If a hearing is ordered by the court pursuant to subparagraph (C) or (D) of paragraph (3) of subdivision (b) of Section 1370 of the Penal Code, the clinician shall be allowed to testify remotely. In-person witness testimony shall only be allowed upon a court’s finding of good cause. (f) Written reports shall be filed with the court in the committing county. That report shall be accepted by courts, either pursuant to paragraph (1) of subdivision (b) of Section 1370 of the Penal Code, subdivision (b) of Section 1370.01 of the Penal Code, or paragraph (1) of subdivision (a) of Section 1372 of the Penal Code. (g) The department shall provide funding based on a flat rate set by the department to local county jails for reimbursement of information technology support and a portion of staff time utilized to facilitate telehealth interviews and evaluations of felony IST defendants in the jail. One-time funding based on a flat rate set by the department will be made available for reimbursement to the county sheriff upon agreement to facilitate telehealth evaluations in the jail. In addition, a flat rate, set by the department, for reimbursement of each telehealth evaluation conducted by the department for an IST defendant and facilitated by the jail will be paid on a quarterly basis in arrears following conclusion of the telehealth evaluation. (h) Any contracts awarded to implement this chapter shall be exempt from the requirements contained in the Public Contract Code and the State Administrative Manual and shall not be subject to approval by the Department of General Services. (i) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the state hospitals and the department may implement, interpret, or make specific this section by means of a departmental letter or other similar instruction, as necessary. (j) The department and any of the designated evaluators shall be provided access to the defendant’s medical records, including mental health records for purposes of conducting a reevaluation of the competency status of the defendant. (k) The department and any of the designated evaluators shall, upon request, be provided prompt and unimpeded collateral consult with local county jail staff, including contractors, for the purpose of determining an IST defendant’s behavior, care, progress, and treatment. (Amended by Stats. 2022, Ch. 738, Sec. 12. (AB 204) Effective September 29, 2022.)
  124. 4336.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 4. County Use of State Hospitals [4330 - 4336] ( Chapter 4 added by Stats. 1991, Ch. 89, Sec. 50. )

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    This section requires the State Department of State Hospitals to run a county growth cap program and bill counties penalty payments when felony incompetency determinations exceed a county baseline.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED [4100 - 4336] ( Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252. ) ## CHAPTER 4. County Use of State Hospitals [4330 - 4336] ( Chapter 4 added by Stats. 1991, Ch. 89, Sec. 50. ) ## 4336. (a) As used in this section, “department” means the State Department of State Hospitals. (b) (1) The department shall implement a growth cap program for all counties for individuals committed pursuant to Section 1370 of the Penal Code. The department shall charge counties penalty payments as described in this subdivision to implement the growth cap program. (2) The baseline number of individuals determined to be incompetent to stand trial on felony charges for each county shall be the number of felony incompetency determinations made in the 2021–22 fiscal year for each county. For any county with zero felony incompetency to stand trial determinations in the 2021–22 fiscal year, the baseline shall be set at one individual. (3) (A) Commencing with the 2022–23 fiscal year and each fiscal year thereafter, for each felony incompetent to stand trial determination that exceeds the baseline number identified in paragraph (2), a county shall pay the penalty amount described in subparagraph (C). (B) The department shall reconcile the total county incompetent to stand trial determinations against the baseline by September 30 each year. (C) Calculations shall be based on the published per individual rate set forth by the department for state hospital treatment for individuals found incompetent to stand trial on a felony charge, as follows: (i) Each county shall make penalty payments equivalent to 50 percent of the rate for the 5th, 6th, and 7th individual felony incompetent to stand trial determinations over the baseline, 75 percent of the rate for the 8th and 9th individual felony incompetent to stand trial determinations over the baseline, and 100 percent of the rate for the 10th and all subsequent felony incompetent to stand trial determinations over the baseline. (ii) (I) Commencing with the 2026–27 fiscal year and each fiscal year thereafter, a county with a felony mental health diversion or community-based restoration contract with the department shall, for the third and any subsequent individual felony incompetent to stand trial determinations over the baseline, make penalty payments equivalent to 100 percent of the rate. (II) Commencing with the 2026–27 fiscal year and each fiscal year thereafter, any county without a felony mental health diversion or community-based restoration contract with the department shall, for the third and any subsequent individual felony incompetent to stand trial determinations over the baseline, make penalty payments equivalent to 150 percent of the rate. (D) Commencing with the 2022–23 fiscal year, the department shall periodically notify the superior court and relevant county agencies of each county, including, but not limited to, the county administrator, behavioral health department, sheriff, public defender, and district attorney of the total number of felony incompetent to stand trial determinations made in that county for the current fiscal year compared to the baseline determination for that county. (E) Commencing with the 2023–24 fiscal year, each county shall remit payment to the department in an amount equal to the amount identified in the invoice issued to the county administrator or their designee by the department. The penalty payment shall be due no later than 90 days after the date that the invoice is received by the county. The penalty funds shall be collected as revenue by the department and deposited by the Controller into the Mental Health Diversion Fund, created pursuant to subdivision (c). (F) A county may pay these penalty payments from any local funding source available, including funds received by the county through contracts issued by the department to the county for purposes of serving the felony incompetent to stand trial population. (G) Commencing with the 2023–24 fiscal year, and each fiscal year thereafter, notwithstanding any other budgetary or accounting requirements, the department shall make the final determination of the proper budgeting and accounting of the penalties received, deposited, and disbursed from the Mental Health Diversion Fund to each county as appropriate. (c) (1) The Mental Health Diversion Fund is hereby created in the State Treasury. The fund shall receive penalty payments from each county as collected by the department pursuant to this section. All moneys in the fund are reserved and continuously appropriated, without regard to fiscal years. The funds collected in the fund shall be used for the purpose of supporting county activities that will divert individuals with serious mental illnesses away from the criminal justice system and lead to the reduction of felony incompetent to stand trial determinations. (2) Activities supported by the funds collected in the Mental Health Diversion Fund shall include one or more of the following: (A) Prebooking mental health diversion to serve those with serious mental illness and prevent their felony arrest. The target population that shall be served are individuals demonstrating psychosis manifesting as hallucinations, delusions, disorganized thoughts, or disorganized behavior at the time of the interaction. (B) Postbooking mental health diversion to serve those with serious mental illness and who are likely to be found incompetent to stand trial, to prevent the incompetent to stand trial determination and divert the individual from incarceration. The target population that shall be served are individuals diagnosed with a mental disorder as identified in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders, including, but not limited to, bipolar disorder, schizophrenia, and schizoaffective disorder but excluding a primary diagnosis of antisocial personality disorder, borderline personality disorder, and pedophilia, and who are presenting non-substance-induced psychotic symptoms. (C) Reentry services and support to serve those who have been restored to competency following a felony incompetent to stand trial commitment and directly released to the community from jail. (d) (1) Beginning in the 2024–25 fiscal year, each county that has received funds from the Mental Health Diversion Fund shall submit an annual report to the department, on or before October 1 of each fiscal year, identifying how funds were used in the prior fiscal year. (2) The department shall, by no later than July 1, 2024, publish an administrative letter to counties outlining the required form and content of the report. (3) Annual reports submitted by each county subject to this section shall include, without limitation, the number of individuals served, the services and support provided, and the projected impact to the number of felony incompetent to stand trial determinations by the county. (e) Commencing with the 2023–24 fiscal year, and each fiscal year thereafter, the department shall submit a schedule to the Controller of disbursements of funds from the Mental Health Diversion Fund to each county. Disbursements for each county shall equal the amount of county payments made to the department in accordance with subdivision (b). (f) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department may implement, interpret, or make specific this section by means of a departmental letter or other similar instruction, as necessary. (Amended by Stats. 2023, Ch. 311, Sec. 28. (SB 883) Effective January 1, 2024.)
  125. 4340.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 3. DEPARTMENTAL PROGRAM INITIATIVES [4340 - 4369.4] ( Part 3 added by Stats. 1991, Ch. 89, Sec. 51. ) ## CHAPTER 1. Self-Help Programs [4340- 4340.] ( Chapter 1 added by Stats. 1991, Ch. 89, Sec. 51. )

    Verify source ↗

    State health agencies may run or support mental health prevention and self-help programs, including at state hospitals, with hospital administrator approval for outside facilitation.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 3. DEPARTMENTAL PROGRAM INITIATIVES [4340 - 4369.4] ( Part 3 added by Stats. 1991, Ch. 89, Sec. 51. ) ## CHAPTER 1. Self-Help Programs [4340- 4340.] ( Chapter 1 added by Stats. 1991, Ch. 89, Sec. 51. ) ## 4340. The State Department of Health Care Services may maintain a statewide mental health prevention program directed toward a reduction in the need for utilization of the treatment system and the development and strengthening of community support and self-help networks. The State Department of State Hospitals may support the establishment of self-help groups, which may be facilitated by an outside entity, subject to the approval of the hospital administrator, at state hospitals. (Amended by Stats. 2012, Ch. 34, Sec. 72. (SB 1009) Effective June 27, 2012.)
  126. 4341.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 3. DEPARTMENTAL PROGRAM INITIATIVES [4340 - 4369.4] ( Part 3 added by Stats. 1991, Ch. 89, Sec. 51. ) ## CHAPTER 2. Human Resource Development [4341 - 4341.5] ( Chapter 2 added by Stats. 1991, Ch. 89, Sec. 51. )

    Verify source ↗

    The department must implement a Human Resources Development Program, subject to available resources.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 3. DEPARTMENTAL PROGRAM INITIATIVES [4340 - 4369.4] ( Part 3 added by Stats. 1991, Ch. 89, Sec. 51. ) ## CHAPTER 2. Human Resource Development [4341 - 4341.5] ( Chapter 2 added by Stats. 1991, Ch. 89, Sec. 51. ) ## 4341. (a) To ensure the availability of an adequate number of persons from all disciplines necessary to implement appropriate and effective services to a person with a serious mental health condition, of any age and from any ethnic group, the department shall, to the extent resources are available, implement a Human Resources Development Program. (b) Implementation of the program shall include negotiation with any or all of the following: the University of California, state colleges, community colleges, private universities and colleges, public and private hospitals, and public and private rehabilitation, community care, treatment providers, and professional associations, to arrange affiliations and contracts for educational and training programs to ensure appropriate numbers of graduates with experience in serving persons with a serious mental health condition in the most cost-effective programs. (c) The human resources development effort shall be undertaken with active participation of the California Conference of Local Mental Health Directors, client and family representatives, and professional and academic institutions. (d) The program shall give particular attention to areas of specific expertise where local programs and state hospitals have difficulty recruiting qualified staff, including programs for children and youth with forensic persistent and severe mental health conditions and elderly persons with serious mental health conditions. Specific attention shall be given to ensuring the development of a mental health work force with the necessary bilingual and bicultural skills to deliver effective service to the diverse population of the state. (Amended by Stats. 2024, Ch. 948, Sec. 9. (AB 2119) Effective January 1, 2025.)
  127. 4341.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 3. DEPARTMENTAL PROGRAM INITIATIVES [4340 - 4369.4] ( Part 3 added by Stats. 1991, Ch. 89, Sec. 51. ) ## CHAPTER 2. Human Resource Development [4341 - 4341.5] ( Chapter 2 added by Stats. 1991, Ch. 89, Sec. 51. )

    Verify source ↗

    The State Department of State Hospitals must, if resources are available, work with universities and the California Postsecondary Education Commission to develop training programs for psychiatrists and psychologists with forensic skills, and recommend incentives such as state scholarships.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 3. DEPARTMENTAL PROGRAM INITIATIVES [4340 - 4369.4] ( Part 3 added by Stats. 1991, Ch. 89, Sec. 51. ) ## CHAPTER 2. Human Resource Development [4341 - 4341.5] ( Chapter 2 added by Stats. 1991, Ch. 89, Sec. 51. ) ## 4341.5. In order to ensure an adequate number of qualified psychiatrists and psychologists with forensic skills, the State Department of State Hospitals shall, to the extent resources are available, plan with the University of California, private universities, and the California Postsecondary Education Commission, for the development of programs for the training of psychiatrists and psychologists with forensic skills, and recommend appropriate incentive measures, such as state scholarships. (Amended by Stats. 2012, Ch. 24, Sec. 120. (AB 1470) Effective June 27, 2012.)
  128. 4343.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 3. DEPARTMENTAL PROGRAM INITIATIVES [4340 - 4369.4] ( Part 3 added by Stats. 1991, Ch. 89, Sec. 51. ) ## CHAPTER 4. Primary Intervention Program [4343 - 4352.5] ( Heading of Chapter 4 amended by Stats. 1991, Ch. 858, Sec. 1. )

    Verify source ↗

    The Legislature states that California should have a school-based primary intervention program for early detection and prevention of emotional, behavioral, and learning problems in primary-grade children.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 3. DEPARTMENTAL PROGRAM INITIATIVES [4340 - 4369.4] ( Part 3 added by Stats. 1991, Ch. 89, Sec. 51. ) ## CHAPTER 4. Primary Intervention Program [4343 - 4352.5] ( Heading of Chapter 4 amended by Stats. 1991, Ch. 858, Sec. 1. ) ## 4343. The Legislature recognizes that prevention and early intervention services have long been slighted in the community mental health programs and has identified, as a goal of the Bronzan-McCorquodale program, the prevention of serious mental disorders and psychological problems. It is the intent of the Legislature to establish throughout the state a school-based primary intervention program designed for the early detection and prevention of emotional, behavioral, and learning problems in primary grade children with services provided by child aides or unpaid volunteers under the supervision of mental health professionals. The Legislature recognizes the documented significant improvement of children who have participated in the program over time. The goal of the primary intervention program is to help young children derive maximum profit from the school experience and, in so doing, prevent later-life problems of school failure, unemployment, delinquency, criminal behavior, and substance abuse. (Amended by Stats. 1991, Ch. 858, Sec. 2. Effective October 14, 1991.)
  129. 4344.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 3. DEPARTMENTAL PROGRAM INITIATIVES [4340 - 4369.4] ( Part 3 added by Stats. 1991, Ch. 89, Sec. 51. ) ## CHAPTER 4. Primary Intervention Program [4343 - 4352.5] ( Heading of Chapter 4 amended by Stats. 1991, Ch. 858, Sec. 1. )

    Verify source ↗

    Primary intervention programs must be developed according to this chapter’s guidelines, and certain school, preschool, and local mental health programs may implement them or apply for grants with available funds.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 3. DEPARTMENTAL PROGRAM INITIATIVES [4340 - 4369.4] ( Part 3 added by Stats. 1991, Ch. 89, Sec. 51. ) ## CHAPTER 4. Primary Intervention Program [4343 - 4352.5] ( Heading of Chapter 4 amended by Stats. 1991, Ch. 858, Sec. 1. ) ## 4344. Primary intervention programs shall be developed in accordance with the guidelines and principles set forth in this chapter. To this end, school districts, publicly funded preschool programs, and local mental health programs may implement primary intervention programs with available funds, or may jointly apply to the State Department of Mental Health to be considered for grant programs outlined in this chapter. (Amended by Stats. 1991, Ch. 858, Sec. 3. Effective October 14, 1991.)
  130. 4345.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 3. DEPARTMENTAL PROGRAM INITIATIVES [4340 - 4369.4] ( Part 3 added by Stats. 1991, Ch. 89, Sec. 51. ) ## CHAPTER 4. Primary Intervention Program [4343 - 4352.5] ( Heading of Chapter 4 amended by Stats. 1991, Ch. 858, Sec. 1. )

    Verify source ↗

    The Director of Mental Health must develop guidelines for primary intervention programs, and those programs must follow specific rules on eligible children, referral sources, optional preschool and parent components, and parental consent.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 3. DEPARTMENTAL PROGRAM INITIATIVES [4340 - 4369.4] ( Part 3 added by Stats. 1991, Ch. 89, Sec. 51. ) ## CHAPTER 4. Primary Intervention Program [4343 - 4352.5] ( Heading of Chapter 4 amended by Stats. 1991, Ch. 858, Sec. 1. ) ## 4345. The Director of Mental Health shall develop guidelines for primary intervention programs in accordance with the following: (a) School-based programs shall serve children in grades kindergarten through three. (b) The programs may serve children beyond grade three who could benefit from the program but the number of children accepted into the program from grades four and above shall not represent more than 15 percent of the total number of children served. (c) The programs may serve children enrolled in a publicly funded preschool program. (d) The programs shall serve children referred by either a screening process, a teacher, school-based mental health professionals, other school personnel who have had opportunities to observe children in interpersonal contacts, or parents. If a screening process is utilized, behavior rating scales shall constitute the primary instrument from which referrals to primary intervention programs are made. To a more limited extent, observations of children working on structured tasks and standardized projective tests may also be used. (e) The programs may include a parent involvement component. (f) Before acceptance of a child into a primary intervention program, parental consent is required. (Amended by Stats. 1991, Ch. 858, Sec. 4. Effective October 14, 1991.)
  131. 4346.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 3. DEPARTMENTAL PROGRAM INITIATIVES [4340 - 4369.4] ( Part 3 added by Stats. 1991, Ch. 89, Sec. 51. ) ## CHAPTER 4. Primary Intervention Program [4343 - 4352.5] ( Heading of Chapter 4 amended by Stats. 1991, Ch. 858, Sec. 1. )

    Verify source ↗

    Primary intervention programs must have a core team, and school-based mental health professionals and aides have specified duties and training requirements.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 3. DEPARTMENTAL PROGRAM INITIATIVES [4340 - 4369.4] ( Part 3 added by Stats. 1991, Ch. 89, Sec. 51. ) ## CHAPTER 4. Primary Intervention Program [4343 - 4352.5] ( Heading of Chapter 4 amended by Stats. 1991, Ch. 858, Sec. 1. ) ## 4346. (a) Each primary intervention program shall have a core team consisting of school-based mental health professionals, including credentialed school psychologists, school counselors, school social workers, or local mental health program professionals, or a combination thereof, and child aides. (b) The school-based mental health professionals shall be responsible for accepting referred children into the program, supervision of the child aides, assignment of a child to an aide, evaluation of progress, and determination of termination from the program. The mental health professionals shall supervise the scoring and interpretation of screening and assessment test data, conduct conferences with parents, and evaluate the effectiveness of individual aides. (c) Child aides, under supervision of the school-based mental health professional, shall conduct weekly play sessions with children served in the primary intervention programs. Child aides may be salaried school aides, unpaid volunteers or other persons with time and interest in working with young children, and who may be provided stipends to meet expenses. (d) All aides shall undergo a time-limited period of training that is focused on the main intervention strategies of the particular program and is provided prior to direct contacts with the children served in the primary intervention programs. Training shall, at a minimum, include basic child development, crisis intervention, techniques of nondirective play, other intervention skills appropriate to identified problem areas, and instruction in utilizing supervision and consultation. (Amended by Stats. 1992, Ch. 722, Sec. 18. Effective September 15, 1992.)
  132. 4347.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 3. DEPARTMENTAL PROGRAM INITIATIVES [4340 - 4369.4] ( Part 3 added by Stats. 1991, Ch. 89, Sec. 51. ) ## CHAPTER 4. Primary Intervention Program [4343 - 4352.5] ( Heading of Chapter 4 amended by Stats. 1991, Ch. 858, Sec. 1. )

    Verify source ↗

    School districts and publicly funded preschools receiving funds under this chapter must be able to refer families to appropriate community services.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 3. DEPARTMENTAL PROGRAM INITIATIVES [4340 - 4369.4] ( Part 3 added by Stats. 1991, Ch. 89, Sec. 51. ) ## CHAPTER 4. Primary Intervention Program [4343 - 4352.5] ( Heading of Chapter 4 amended by Stats. 1991, Ch. 858, Sec. 1. ) ## 4347. School districts or publicly funded preschools receiving funds under this chapter shall demonstrate a capability for referral to appropriate public and private community services. The referrals shall be made through contacts with families in response to information regarding the need for referral arising from the child aide sessions. (Amended by Stats. 1991, Ch. 858, Sec. 6. Effective October 14, 1991.)
  133. 4348.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 3. DEPARTMENTAL PROGRAM INITIATIVES [4340 - 4369.4] ( Part 3 added by Stats. 1991, Ch. 89, Sec. 51. ) ## CHAPTER 4. Primary Intervention Program [4343 - 4352.5] ( Heading of Chapter 4 amended by Stats. 1991, Ch. 858, Sec. 1. )

    Verify source ↗

    The department must award primary intervention program grants when funding is available, and it must set funding limits before issuing a request for proposals.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 3. DEPARTMENTAL PROGRAM INITIATIVES [4340 - 4369.4] ( Part 3 added by Stats. 1991, Ch. 89, Sec. 51. ) ## CHAPTER 4. Primary Intervention Program [4343 - 4352.5] ( Heading of Chapter 4 amended by Stats. 1991, Ch. 858, Sec. 1. ) ## 4348. (a) (1) Subject to the availability of funding each year, the State Department of Mental Health shall award primary intervention program grants pursuant to a request for proposal consistent with the provisions of this chapter. (2) In counties over 100,000 in population, each application shall be the product of a proposal developed jointly between the local mental health program and a school district or publicly funded preschool. The grant award shall be administered by the local mental health program. (3) In counties 100,000 in population and under, an application may be submitted pursuant to paragraph (2) or by the county superintendent of schools on behalf of one or more school districts, or by a school district. If an application is submitted by the county superintendent of schools or by a school district, the county office of education or the school district shall administer the grant and the application shall include evidence satisfactory to the department that adequate mental health training and consultation will be provided at each program site. (b) Prior to dissemination of a request for proposal, the department shall establish a maximum figure for the amount of program funds available per project site and for the number of sites that may be funded per school district or regional area. The department shall be guided in its decisions by the availability of uncommitted funds designated for the primary intervention program. (c) Primary intervention program grants shall be funded from funds appropriated for programs pursuant to Part 4 (commencing with Section 4370) and shall receive first priority for these funds. (d) Upon approving a primary intervention grant, the State Department of Mental Health shall contract with the grant recipient to provide a primary intervention program for a period of up to three years. (e) Costs of a primary intervention program shall be financed on a basis of: (1) A maximum of 50 percent from primary intervention program grant funds or a maximum established by the department, whichever is less. (2) At least 50 percent from a combination of school district or preschool and local mental health program funds. (f) The school district or preschool share may be in-kind contributions, including staff, space, equipment, materials, and reasonable administrative services. (1) Contributed space to be used for child aide sessions must be comfortable, attractive, and engaging to young children. Small individual rooms are preferable. (2) Space to be used for group meetings and consultation sessions may also be contributed. (3) Equipment and materials may be contributed if they include items that encourage child participation in nondirective play. (g) The local mental health program share may include either the cost of the mental health professionals as described in subdivision (b) of Section 4346 or the contribution of professional staff to provide case consultation to the child aides and assistance in child aide training. (Amended by Stats. 1992, Ch. 722, Sec. 19. Effective September 15, 1992.)
  134. 4349.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 3. DEPARTMENTAL PROGRAM INITIATIVES [4340 - 4369.4] ( Part 3 added by Stats. 1991, Ch. 89, Sec. 51. ) ## CHAPTER 4. Primary Intervention Program [4343 - 4352.5] ( Heading of Chapter 4 amended by Stats. 1991, Ch. 858, Sec. 1. )

    Verify source ↗

    The State Department of Mental Health must choose primary intervention program grant recipients from request-for-proposal applications using listed selection criteria.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 3. DEPARTMENTAL PROGRAM INITIATIVES [4340 - 4369.4] ( Part 3 added by Stats. 1991, Ch. 89, Sec. 51. ) ## CHAPTER 4. Primary Intervention Program [4343 - 4352.5] ( Heading of Chapter 4 amended by Stats. 1991, Ch. 858, Sec. 1. ) ## 4349. The State Department of Mental Health shall, on the basis of applications submitted pursuant to a request for proposal, select recipients of primary intervention program grants based on the following criteria: (a) Availability of professional and other program staff with related experience and interest in early intervention. (b) Reasonable evidence of future stability of the program and its personnel. (c) Representation of a wide range of economic, ethnic, and cultural populations. (d) Demonstration of strong support by the teaching, pupil services, and administrative personnel at the school or preschool and by the local mental health program. (e) Assurance that grants would supplement existing local resources. (Amended by Stats. 1991, Ch. 858, Sec. 8. Effective October 14, 1991.)
  135. 4349.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 3. DEPARTMENTAL PROGRAM INITIATIVES [4340 - 4369.4] ( Part 3 added by Stats. 1991, Ch. 89, Sec. 51. ) ## CHAPTER 4. Primary Intervention Program [4343 - 4352.5] ( Heading of Chapter 4 amended by Stats. 1991, Ch. 858, Sec. 1. )

    Verify source ↗

    Grants awarded before this section took effect must keep following this chapter’s requirements.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 3. DEPARTMENTAL PROGRAM INITIATIVES [4340 - 4369.4] ( Part 3 added by Stats. 1991, Ch. 89, Sec. 51. ) ## CHAPTER 4. Primary Intervention Program [4343 - 4352.5] ( Heading of Chapter 4 amended by Stats. 1991, Ch. 858, Sec. 1. ) ## 4349.5. Grants that have been awarded prior to the effective date of this section shall continue to be subject to the provisions of this chapter, including the grant recipient, matching, and eligibility requirements. (Added by Stats. 1992, Ch. 722, Sec. 20. Effective September 15, 1992.)
  136. 4349.7.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 3. DEPARTMENTAL PROGRAM INITIATIVES [4340 - 4369.4] ( Part 3 added by Stats. 1991, Ch. 89, Sec. 51. ) ## CHAPTER 4. Primary Intervention Program [4343 - 4352.5] ( Heading of Chapter 4 amended by Stats. 1991, Ch. 858, Sec. 1. )

    Verify source ↗

    Certain proposals submitted in a specified 1992 window and scoring as passing must be funded, and the resulting grants remain subject to this chapter’s matching and eligibility requirements.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 3. DEPARTMENTAL PROGRAM INITIATIVES [4340 - 4369.4] ( Part 3 added by Stats. 1991, Ch. 89, Sec. 51. ) ## CHAPTER 4. Primary Intervention Program [4343 - 4352.5] ( Heading of Chapter 4 amended by Stats. 1991, Ch. 858, Sec. 1. ) ## 4349.7. Proposals submitted to the department between April 1, 1992, and May 1, 1992, pursuant to Sections 4343 to 4350, inclusive, that received a passing score shall be funded pursuant to Part 4 (commencing with Section 4370). Those grants shall continue to be subject to this chapter, including the matching and eligibility requirements. (Added by Stats. 1992, Ch. 722, Sec. 21. Effective September 15, 1992.)
  137. 4350.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 3. DEPARTMENTAL PROGRAM INITIATIVES [4340 - 4369.4] ( Part 3 added by Stats. 1991, Ch. 89, Sec. 51. ) ## CHAPTER 4. Primary Intervention Program [4343 - 4352.5] ( Heading of Chapter 4 amended by Stats. 1991, Ch. 858, Sec. 1. )

    Verify source ↗

    This section assigns duties to the school district or preschool, the local mental health program, and the State Department of Mental Health in approved primary intervention programs.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 3. DEPARTMENTAL PROGRAM INITIATIVES [4340 - 4369.4] ( Part 3 added by Stats. 1991, Ch. 89, Sec. 51. ) ## CHAPTER 4. Primary Intervention Program [4343 - 4352.5] ( Heading of Chapter 4 amended by Stats. 1991, Ch. 858, Sec. 1. ) ## 4350. (a) The role of the school district or preschool in each approved primary intervention program shall be to do all of the following: (1) Arrange for mental health professionals based at the program site to supervise program staff and procedures. These persons may be either pupil personnel staff or local mental health program staff. (2) Recruit and train child aides. (3) Screen and assess children in accordance with guidelines established by the department. (4) Provide individual and group play sessions to selected children in accordance with guidelines established by the department. (5) Provide space and equipment for child aide sessions with children and for staff meetings. (6) Establish and maintain program records. (7) Prepare program reports in accordance with guidelines established by the department. (8) Submit periodic statements of program grant fund expenditures to the local mental health program for reimbursement in accordance with the approved program budget. (b) The role of the local mental health program in each approved jointly proposed primary intervention program shall be to: (1) Administer state program grant funds awarded by the department by contracting with the school district or preschool to provide a primary intervention program in accordance with this chapter and the joint proposal of the local mental health program and the school district or preschool as approved by the department. (2) Contribute professional staff to the program to do both of the following: (A) Assist the school district or preschool in the recruiting and initial training of child aides. (B) Provide ongoing case consultation and training to the child aides at regular intervals at the program site. (3) Ensure access to appropriate mental health treatment services available within the county’s program for those children in the program and their families who require services that are beyond the scope and purposes of the primary intervention program. (c) The role of the State Department of Mental Health in each approved primary intervention program shall be to: (1) (A) Develop a contract with the local mental health program for provision of a primary intervention program in accordance with this chapter and the joint proposal of the local mental health program and school district or preschool as approved by the department. (B) Develop contracts with the county superintendent of schools or a school district for provision of a primary intervention program in accordance with this chapter and the proposal submitted by the county superintendent of schools or a school district pursuant to paragraph (3) of subdivision (a) of Section 4348. (2) Develop contracts with school districts or local mental health programs to permit the establishment of technical assistance centers to support in the timely and effective implementation of the primary intervention programs. Technical assistance centers shall be in districts which have successfully implemented programs over a period of time. (3) Disburse program grant funds to the local mental health program or county superintendent of schools or school district in accordance with terms of the contract. (4) Conduct visits to each program site at least once during the first year of funding, and thereafter as necessary, in order to determine compliance with this chapter and the contract and to determine training needs of program staff. (5) Provide for periodic training workshops for program staff. (6) Establish guidelines for program procedures, screening and assessment of children, records, and reports. (Amended by Stats. 1991, Ch. 858, Sec. 9. Effective October 14, 1991.)
  138. 4350.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 3. DEPARTMENTAL PROGRAM INITIATIVES [4340 - 4369.4] ( Part 3 added by Stats. 1991, Ch. 89, Sec. 51. ) ## CHAPTER 4. Primary Intervention Program [4343 - 4352.5] ( Heading of Chapter 4 amended by Stats. 1991, Ch. 858, Sec. 1. )

    Verify source ↗

    Certain school districts or county superintendents applying as grant recipients must carry out specified functions, and the responsible county office of education or school district must provide adequate initial and ongoing case consultation and training for child aides.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 3. DEPARTMENTAL PROGRAM INITIATIVES [4340 - 4369.4] ( Part 3 added by Stats. 1991, Ch. 89, Sec. 51. ) ## CHAPTER 4. Primary Intervention Program [4343 - 4352.5] ( Heading of Chapter 4 amended by Stats. 1991, Ch. 858, Sec. 1. ) ## 4350.5. (a) School districts or county superintendents of schools proposing to serve as grant recipients pursuant to paragraph (3) of subdivision (a) of Section 4348 shall perform the functions described in subdivision (a) of Section 4350. (b) The county office of education or school district subject to subdivision (a) shall ensure the provision of adequate initial and ongoing case consultation and training for child aides at regular intervals at each program site from qualified mental health professionals. (Added by Stats. 1991, Ch. 858, Sec. 10. Effective October 14, 1991.)
  139. 4351.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 3. DEPARTMENTAL PROGRAM INITIATIVES [4340 - 4369.4] ( Part 3 added by Stats. 1991, Ch. 89, Sec. 51. ) ## CHAPTER 4. Primary Intervention Program [4343 - 4352.5] ( Heading of Chapter 4 amended by Stats. 1991, Ch. 858, Sec. 1. )

    Verify source ↗

    The department must provide training for program personnel.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 3. DEPARTMENTAL PROGRAM INITIATIVES [4340 - 4369.4] ( Part 3 added by Stats. 1991, Ch. 89, Sec. 51. ) ## CHAPTER 4. Primary Intervention Program [4343 - 4352.5] ( Heading of Chapter 4 amended by Stats. 1991, Ch. 858, Sec. 1. ) ## 4351. The department shall provide for training of program personnel. Funds for this purpose may be appropriated under Section 11489 of the Health and Safety Code, through other special funds, or through the state budget. Training of program personnel may be contracted out to programs designated by the State Department of Mental Health appropriate to provide these services. (Amended by Stats. 1991, Ch. 858, Sec. 11. Effective October 14, 1991.)
  140. 4352.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 3. DEPARTMENTAL PROGRAM INITIATIVES [4340 - 4369.4] ( Part 3 added by Stats. 1991, Ch. 89, Sec. 51. ) ## CHAPTER 4. Primary Intervention Program [4343 - 4352.5] ( Heading of Chapter 4 amended by Stats. 1991, Ch. 858, Sec. 1. )

    Verify source ↗

    The State Department of Mental Health must review each primary intervention program at least once in the first year of funding, and later as needed. It may also contract with suitable programs to conduct those reviews.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 3. DEPARTMENTAL PROGRAM INITIATIVES [4340 - 4369.4] ( Part 3 added by Stats. 1991, Ch. 89, Sec. 51. ) ## CHAPTER 4. Primary Intervention Program [4343 - 4352.5] ( Heading of Chapter 4 amended by Stats. 1991, Ch. 858, Sec. 1. ) ## 4352. (a) The State Department of Mental Health shall conduct a review of each primary intervention program at least once during the first year of funding, and thereafter as necessary. (b) The purposes of the reviews are program improvement and compliance with the guidelines set forth in this chapter. The review procedure shall be adequately flexible for application to primary intervention programs of varying sizes and models. (c) The State Department of Mental Health may contract for the conducting of reviews with programs appropriate for providing these services. Funds may be appropriated for this purpose pursuant to Section 11489 of the Health and Safety Code, from other special funds, or through the annual Budget Act. (Amended by Stats. 1991, Ch. 858, Sec. 12. Effective October 14, 1991.)
  141. 4352.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 3. DEPARTMENTAL PROGRAM INITIATIVES [4340 - 4369.4] ( Part 3 added by Stats. 1991, Ch. 89, Sec. 51. ) ## CHAPTER 4. Primary Intervention Program [4343 - 4352.5] ( Heading of Chapter 4 amended by Stats. 1991, Ch. 858, Sec. 1. )

    Verify source ↗

    The department may use up to 10% of annual state funds for the primary intervention program on administration, training, consultation, and evaluation.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 3. DEPARTMENTAL PROGRAM INITIATIVES [4340 - 4369.4] ( Part 3 added by Stats. 1991, Ch. 89, Sec. 51. ) ## CHAPTER 4. Primary Intervention Program [4343 - 4352.5] ( Heading of Chapter 4 amended by Stats. 1991, Ch. 858, Sec. 1. ) ## 4352.5. Up to 10 percent of the total state funds available annually for the primary intervention program from all sources may be utilized by the department for administration, training, consultation, and evaluation. (Added by Stats. 1991, Ch. 858, Sec. 13. Effective October 14, 1991.)
  142. 4353.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 3. DEPARTMENTAL PROGRAM INITIATIVES [4340 - 4369.4] ( Part 3 added by Stats. 1991, Ch. 89, Sec. 51. ) ## CHAPTER 5. Persons With Acquired Traumatic Brain Injury [4353 - 4358.5] ( Chapter 5 added by Stats. 1991, Ch. 89, Sec. 51. )

    Verify source ↗

    The Legislature makes findings about traumatic brain injury and says this section does not require county or city programs to provide services.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 3. DEPARTMENTAL PROGRAM INITIATIVES [4340 - 4369.4] ( Part 3 added by Stats. 1991, Ch. 89, Sec. 51. ) ## CHAPTER 5. Persons With Acquired Traumatic Brain Injury [4353 - 4358.5] ( Chapter 5 added by Stats. 1991, Ch. 89, Sec. 51. ) ## 4353. The Legislature finds and declares all of the following: (a) There is a large population of persons who have suffered traumatic brain injuries resulting in significant functional impairment. The annual number of brain injuries is greater than the rates of breast cancer, heart attack, lung cancer, HIV and AIDS, spinal cord injuries, and multiple sclerosis combined. (b) Roughly 28 percent of all brain injuries are due to a fall, and 20 percent are due to motor vehicle accidents. Those injuries attributable to motor vehicle accidents, however, account for the greatest number of hospitalizations. (c) There is a lack of awareness of the problems associated with brain injury as a chronic health condition resulting in a significant absence of community reintegration services for persons with brain injuries, including, but not limited to, in-home and out-of-home services, respite care, placement programs, counseling, cognitive rehabilitation, transitional living, and vocational rehabilitation services. (d) Although there are currently a number of different programs attempting to meet the needs of the persons with brain injuries in the field of community reintegration, there is no clearly defined ultimate responsibility vested in any single state agency. This section does not mandate services for persons with acquired traumatic brain injury through county and city programs. (e) While formal standards of care exist for both medical and rehabilitative models within the system of brain injury care, the same cannot be said with regard to community reintegration services. Currently, there is no programmatic coordination among agencies to facilitate the provision of a continuing range of services appropriate for persons with traumatic brain injuries. (f) There is a serious gap in postacute care services for the life of the brain injury survivor, resulting in incomplete recovery of functional potential. (g) Due to the problems referred to in this section, the state is not adequately meeting the needs of persons with brain injuries by enabling them to return to work and to lead productive lives. (Amended by Stats. 2018, Ch. 402, Sec. 1. (SB 398) Effective January 1, 2019.)
  143. 4354.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 3. DEPARTMENTAL PROGRAM INITIATIVES [4340 - 4369.4] ( Part 3 added by Stats. 1991, Ch. 89, Sec. 51. ) ## CHAPTER 5. Persons With Acquired Traumatic Brain Injury [4353 - 4358.5] ( Chapter 5 added by Stats. 1991, Ch. 89, Sec. 51. )

    Verify source ↗

    This section defines terms used in the chapter on persons with acquired traumatic brain injury.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 3. DEPARTMENTAL PROGRAM INITIATIVES [4340 - 4369.4] ( Part 3 added by Stats. 1991, Ch. 89, Sec. 51. ) ## CHAPTER 5. Persons With Acquired Traumatic Brain Injury [4353 - 4358.5] ( Chapter 5 added by Stats. 1991, Ch. 89, Sec. 51. ) ## 4354. For purposes of this chapter, the following definitions shall apply: (a) “Acquired traumatic brain injury” is an injury that is sustained after birth from an external force to the brain or any of its parts, resulting in cognitive, psychological, neurological, or anatomical changes in brain functions. (b) “Department” means the State Department of Rehabilitation. (c) “Director” means the Director of Rehabilitation. (d) (1) “Vocational supportive services” means a method of providing vocational rehabilitation and related services that may include prevocational and educational services to individuals who are unserved or underserved by existing vocational rehabilitation services. (2) “Extended supported employment services” means ongoing support services and other appropriate services that are needed to support and maintain an individual with an acquired traumatic brain injury in supported employment following that individual’s transition from support provided as a vocational rehabilitation service, including job coaching, by the department, as defined in paragraphs (1) and (5) of subdivision (a) of Section 19150. (e) The following four characteristics distinguish “vocational supportive services” from traditional methods of providing vocational rehabilitation and day activity services: (1) Service recipients appear to lack the potential for unassisted competitive employment. (2) Ongoing training, supervision, and support services must be provided. (3) The opportunity is designed to provide the same benefits that other persons receive from work, including an adequate income level, quality of working life, security, and mobility. (4) There is flexibility in the provision of support which is necessary to enable the person to function effectively at the worksite. (f) “Community reintegration services” means services as needed by consumers, designed to develop, maintain, increase, or maximize independent functioning, with the goal of living in the community and participating in community life. These services may include, but are not limited to, providing, or arranging for access to, housing, transportation, medical care, rehabilitative therapies, day programs, chemical dependency recovery programs, personal assistance, and education. (g) “Fund” means the Traumatic Brain Injury Fund. (h) “Supported living services” means a range of appropriate supervision, support, and training in the consumer’s place of residence, designed to maximize independence. (i) “Functional assessment” means measuring the level or degree of independence, amount of assistance required, and speed and safety considerations for a variety of categories, including activities of daily living, mobility, communication skills, psychosocial adjustment, and cognitive function. (j) “Residence” means the place where a consumer makes his or her home, that may include, but is not limited to, a house or apartment where the consumer lives independently, assistive living arrangements, congregate housing, group homes, residential care facilities, transitional living programs, and nursing facilities. (k) “Community rehabilitation program” shall have the same meaning as contained in subdivision (5) of Section 705 of Title 29 of the United States Code. (Amended by Stats. 2009, Ch. 439, Sec. 1. (AB 398) Effective January 1, 2010.)
  144. 4354.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 3. DEPARTMENTAL PROGRAM INITIATIVES [4340 - 4369.4] ( Part 3 added by Stats. 1991, Ch. 89, Sec. 51. ) ## CHAPTER 5. Persons With Acquired Traumatic Brain Injury [4353 - 4358.5] ( Chapter 5 added by Stats. 1991, Ch. 89, Sec. 51. )

    Verify source ↗

    The department must pursue all available funding sources, and if new funding allows program expansion, it must fund appropriate services and assistance for adults 18 and older with traumatic brain injuries in areas of greatest need.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 3. DEPARTMENTAL PROGRAM INITIATIVES [4340 - 4369.4] ( Part 3 added by Stats. 1991, Ch. 89, Sec. 51. ) ## CHAPTER 5. Persons With Acquired Traumatic Brain Injury [4353 - 4358.5] ( Chapter 5 added by Stats. 1991, Ch. 89, Sec. 51. ) ## 4354.5. The Legislature finds and declares all of the following: (a) Traumatic brain injuries have a long-term impact on the survivors, their families, caregivers, and support systems. (b) Long-term care consumers experience great differences in service levels, eligibility criteria, and service availability, resulting in inappropriate and expensive care that fails to be responsive to their needs. (c) To the maximum extent feasible, the department shall pursue all available sources of funding. (d) If new sources of funding are secured that will permit expanding the existing Traumatic Brain Injury Program, the department shall fund an array of appropriate services and assistance to adults 18 years of age and older with traumatic brain injuries in those areas of the state with the greatest need. (e) Implementation of this chapter shall be consistent with the state’s public policy strategy to design a coordinated services delivery system pursuant to Article 4.05 (commencing with Section 14139.05) of Chapter 7 of Part 3 of Division 9. (Amended by Stats. 2018, Ch. 402, Sec. 2. (SB 398) Effective January 1, 2019.)
  145. 4355.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 3. DEPARTMENTAL PROGRAM INITIATIVES [4340 - 4369.4] ( Part 3 added by Stats. 1991, Ch. 89, Sec. 51. ) ## CHAPTER 5. Persons With Acquired Traumatic Brain Injury [4353 - 4358.5] ( Chapter 5 added by Stats. 1991, Ch. 89, Sec. 51. )

    Verify source ↗

    The department must set program requirements, assess funding and site capacity, and periodically meet with traumatic brain injury service providers.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 3. DEPARTMENTAL PROGRAM INITIATIVES [4340 - 4369.4] ( Part 3 added by Stats. 1991, Ch. 89, Sec. 51. ) ## CHAPTER 5. Persons With Acquired Traumatic Brain Injury [4353 - 4358.5] ( Chapter 5 added by Stats. 1991, Ch. 89, Sec. 51. ) ## 4355. (a) On or before July 1, 2024, the department shall determine requirements related to service delivery, uniform data collection, and other aspects of program administration, in addition to those specified in Section 4357, that service providers participating in the traumatic brain injury program must meet. This may include, but is not limited to, requiring service providers to be approved as community reintegration programs eligible to serve consumers. (b) On or before July 1, 2024, the department shall do all of the following: (1) Determine the level of funding necessary to permit a service provider to meet all applicable requirements and adequately serve its designated service area. (2) Determine the number of sites that can be supported with available funding. (3) If funding is available, solicit applications from new organizations interested in and qualified to provide services pursuant to this chapter, and select those best qualified to do so, with priority given to applicants that have proven experience in providing effective community reintegration services to persons with acquired traumatic brain injuries, including, but not limited to, supported living services, caregiver support, and family and community education. (c) The department shall meet periodically with traumatic brain injury service providers for discussion of topics, including, but not limited to, the development and implementation of performance standards and data collection processes, eligibility requirements, program administration, pursuit of funding, and refinement of the traumatic brain injury continuum of care. (Amended by Stats. 2018, Ch. 402, Sec. 3. (SB 398) Effective January 1, 2019.)
  146. 4356.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 3. DEPARTMENTAL PROGRAM INITIATIVES [4340 - 4369.4] ( Part 3 added by Stats. 1991, Ch. 89, Sec. 51. ) ## CHAPTER 5. Persons With Acquired Traumatic Brain Injury [4353 - 4358.5] ( Chapter 5 added by Stats. 1991, Ch. 89, Sec. 51. )

    Verify source ↗

    The department must monitor and evaluate service provider performance using data collected under Section 4355(a).

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 3. DEPARTMENTAL PROGRAM INITIATIVES [4340 - 4369.4] ( Part 3 added by Stats. 1991, Ch. 89, Sec. 51. ) ## CHAPTER 5. Persons With Acquired Traumatic Brain Injury [4353 - 4358.5] ( Chapter 5 added by Stats. 1991, Ch. 89, Sec. 51. ) ## 4356. Using data collected consistent with requirements established pursuant to subdivision (a) of Section 4355, the department shall monitor and evaluate the performance of service providers. (Repealed and added by Stats. 2009, Ch. 439, Sec. 6. (AB 398) Effective January 1, 2010.)
  147. 4357.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 3. DEPARTMENTAL PROGRAM INITIATIVES [4340 - 4369.4] ( Part 3 added by Stats. 1991, Ch. 89, Sec. 51. ) ## CHAPTER 5. Persons With Acquired Traumatic Brain Injury [4353 - 4358.5] ( Chapter 5 added by Stats. 1991, Ch. 89, Sec. 51. )

    Verify source ↗

    Service providers for this traumatic brain injury program must deliver specified services, meet matching and service-percentage requirements, report data, and comply with added eligibility rules to keep participating.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 3. DEPARTMENTAL PROGRAM INITIATIVES [4340 - 4369.4] ( Part 3 added by Stats. 1991, Ch. 89, Sec. 51. ) ## CHAPTER 5. Persons With Acquired Traumatic Brain Injury [4353 - 4358.5] ( Chapter 5 added by Stats. 1991, Ch. 89, Sec. 51. ) ## 4357. (a) Service providers shall identify the needs of consumers and deliver services designed to meet those needs. (b) Service providers shall match not less than 20 percent of the amount granted, with the exception of funds used for mentoring. The required match may be cash or in-kind contributions, or a combination of both, from the sites or any cooperating agency. In-kind contributions may include, but shall not be limited to, staff and volunteer services. (c) Service providers shall provide at least 51 percent of their services under the grant to individuals who are Medi-Cal eligible or who have no other identified third-party funding source. (d) (1) Service providers shall provide, directly or by arrangement, a coordinated service model to include all of the following: (A) Supported living services. (B) Community reintegration services. (C) Vocational supportive services. (D) Information, referral, and, as needed, assistance in identifying, accessing, utilizing, and coordinating all services needed by individuals with traumatic brain injury and their families. (E) Public and professional education designed to facilitate early identification of persons with brain injury, prompt referral of these persons to appropriate services, and improvement of the system of services available to them. (2) The model shall be designed and modified with advice from consumers and their families, and shall be accessible to the population in need, taking into account transportation, linguistic, and cultural factors. (e) Service providers shall develop and utilize an individual service plan which will allow consumers to move from intensive medical rehabilitation or highly structured living arrangements to increased levels of independence and employment. The goals and priorities of each consumer shall be an integral part of his or her service plan. (f) Service providers shall seek all third-party reimbursements for which consumers are eligible and shall utilize all services otherwise available to consumers at no cost, including vocational rehabilitation services provided by the department. However, grantees may utilize grant dollars for the purchase of nonreimbursed services or services otherwise unavailable to consumers. (g) Service providers shall endeavor to serve a population that is broadly representative with regard to race and ethnicity of the population with traumatic brain injury in their geographical service area, undertaking outreach activities as needed to achieve this goal. (h) Service providers shall maintain a broad network of relationships with local groups of brain injury survivors and families of survivors, as well as local providers of health, social, and vocational services to individuals with traumatic brain injury and their families. The sites shall work cooperatively with these groups and providers to improve and develop needed services and to promote a well-coordinated service system, taking a leadership role as necessary. (i) Service providers shall furnish uniform data to the department pursuant to subdivision (a) of Section 4355 as necessary to monitor and evaluate the program. (j) Service providers wishing to continue to participate in the program after July 1, 2013, shall, by that date, be in compliance with additional eligibility requirements established by the department pursuant to Section 4355. (Amended by Stats. 2009, Ch. 439, Sec. 7. (AB 398) Effective January 1, 2010.)
  148. 4357.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 3. DEPARTMENTAL PROGRAM INITIATIVES [4340 - 4369.4] ( Part 3 added by Stats. 1991, Ch. 89, Sec. 51. ) ## CHAPTER 5. Persons With Acquired Traumatic Brain Injury [4353 - 4358.5] ( Chapter 5 added by Stats. 1991, Ch. 89, Sec. 51. )

    Verify source ↗

    The department may award grants from the Traumatic Brain Injury Fund to service providers, and certain related contracts and grants are exempt from specified procurement requirements and DGS approval.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 3. DEPARTMENTAL PROGRAM INITIATIVES [4340 - 4369.4] ( Part 3 added by Stats. 1991, Ch. 89, Sec. 51. ) ## CHAPTER 5. Persons With Acquired Traumatic Brain Injury [4353 - 4358.5] ( Chapter 5 added by Stats. 1991, Ch. 89, Sec. 51. ) ## 4357.1. (a) The department may make grants from the funds in the Traumatic Brain Injury Fund, established in Section 4358, to service providers for the purpose of carrying out the programs detailed in this chapter. (b) Contracts or grants awarded pursuant to this chapter, including contracts required for administration or ancillary services in support of programs, shall be exempt from the requirements of the Public Contract Code and the State Administrative Manual, and from approval by the Department of General Services. (c) Grants awarded to service providers pursuant to this chapter shall be subject to open competition every three years, unless the department elects to extend one or more grants and delay competition for those grants by a maximum of two additional years. (Amended by Stats. 2009, Ch. 439, Sec. 8. (AB 398) Effective January 1, 2010.)
  149. 4358.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 3. DEPARTMENTAL PROGRAM INITIATIVES [4340 - 4369.4] ( Part 3 added by Stats. 1991, Ch. 89, Sec. 51. ) ## CHAPTER 5. Persons With Acquired Traumatic Brain Injury [4353 - 4358.5] ( Chapter 5 added by Stats. 1991, Ch. 89, Sec. 51. )

    Verify source ↗

    A Traumatic Brain Injury Fund is created in the State Treasury, and its money may be spent only if the Legislature appropriates it for this chapter’s purposes.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 3. DEPARTMENTAL PROGRAM INITIATIVES [4340 - 4369.4] ( Part 3 added by Stats. 1991, Ch. 89, Sec. 51. ) ## CHAPTER 5. Persons With Acquired Traumatic Brain Injury [4353 - 4358.5] ( Chapter 5 added by Stats. 1991, Ch. 89, Sec. 51. ) ## 4358. There is hereby created in the State Treasury the Traumatic Brain Injury Fund, the moneys in which may, upon appropriation by the Legislature, be expended for the purposes of this chapter. (Added by Stats. 1991, Ch. 89, Sec. 51. Effective June 30, 1991.)
  150. 4358.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 3. DEPARTMENTAL PROGRAM INITIATIVES [4340 - 4369.4] ( Part 3 added by Stats. 1991, Ch. 89, Sec. 51. ) ## CHAPTER 5. Persons With Acquired Traumatic Brain Injury [4353 - 4358.5] ( Chapter 5 added by Stats. 1991, Ch. 89, Sec. 51. )

    Verify source ↗

    Money in the Traumatic Brain Injury Fund may be matched with federal vocational rehabilitation services funds for the program, if allowed by other law and consistent with department policies.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 3. DEPARTMENTAL PROGRAM INITIATIVES [4340 - 4369.4] ( Part 3 added by Stats. 1991, Ch. 89, Sec. 51. ) ## CHAPTER 5. Persons With Acquired Traumatic Brain Injury [4353 - 4358.5] ( Chapter 5 added by Stats. 1991, Ch. 89, Sec. 51. ) ## 4358.5. Funds deposited into the Traumatic Brain Injury Fund pursuant to subdivision (f) of Section 1464 of the Penal Code may be matched by federal vocational rehabilitation services funds for implementation of the Traumatic Brain Injury program pursuant to this chapter. However, this matching of funds shall occur only to the extent it is permitted by other state and federal law, and to the extent the matching of funds would be consistent with the policies and priorities of the department. (Amended by Stats. 2017, Ch. 17, Sec. 62. (AB 103) Effective June 27, 2017.)
  151. 4360.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 3. DEPARTMENTAL PROGRAM INITIATIVES [4340 - 4369.4] ( Part 3 added by Stats. 1991, Ch. 89, Sec. 51. ) ## CHAPTER 6. Conditional Release Program [4360 - 4360.5] ( Chapter 6 added by Stats. 1991, Ch. 89, Sec. 51. )

    Verify source ↗

    The State Department of State Hospitals must provide community mental health treatment and supervision for judicially committed persons.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 3. DEPARTMENTAL PROGRAM INITIATIVES [4340 - 4369.4] ( Part 3 added by Stats. 1991, Ch. 89, Sec. 51. ) ## CHAPTER 6. Conditional Release Program [4360 - 4360.5] ( Chapter 6 added by Stats. 1991, Ch. 89, Sec. 51. ) ## 4360. (a) The State Department of State Hospitals shall provide mental health treatment and supervision in the community for judicially committed persons. The program established and administered by the department under this chapter to provide these services shall be known as the Forensic Conditional Release Program and may be used by the department in accordance with this section to provide services in the community to other patient populations for which the department has direct responsibility. (b) The State Department of State Hospitals may provide directly, or through contract with private providers or counties, for these services, including administrative and ancillary services related to the provision of direct services. These contracts shall be exempt from the requirements contained in the Public Contract Code and the State Administrative Manual, and from approval by the Department of General Services. Subject to approval by the State Department of State Hospitals, a county or private provider under contract to the department to provide these services may subcontract with private providers for those services. (c) Notwithstanding Section 5328, programs providing services pursuant to this section may inform a local law enforcement agency of the names and addresses of program participants who reside within that agency’s jurisdiction. Providing notice under this subdivision does not relieve a person or entity of any statutory duty. (Amended by Stats. 2012, Ch. 24, Sec. 121. (AB 1470) Effective June 27, 2012.)
  152. 4361.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 3. DEPARTMENTAL PROGRAM INITIATIVES [4340 - 4369.4] ( Part 3 added by Stats. 1991, Ch. 89, Sec. 51. ) ## CHAPTER 6.5. Diversion Funding for Individuals with Serious Mental Disorders [4361- 4361.] ( Chapter 6.5 added by Stats. 2018, Ch. 34, Sec. 29. )

    Verify source ↗

    This section lets the department fund county diversion programs for certain people with serious mental disorders, and requires counties to report monthly data if they contract for funds.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 3. DEPARTMENTAL PROGRAM INITIATIVES [4340 - 4369.4] ( Part 3 added by Stats. 1991, Ch. 89, Sec. 51. ) ## CHAPTER 6.5. Diversion Funding for Individuals with Serious Mental Disorders [4361- 4361.] ( Chapter 6.5 added by Stats. 2018, Ch. 34, Sec. 29. ) ## 4361. (a) As used in this section, “department” means the State Department of State Hospitals. (b) The purpose of this chapter is to, subject to appropriation by the Legislature, promote the diversion of individuals with serious mental disorders as prescribed in Chapter 2.8A (commencing with Section 1001.35) of Title 6 of Part 2 of the Penal Code, and to assist counties in providing diversion for individuals with serious mental illnesses who have been found incompetent to stand trial for a felony charge. In implementing this chapter, the department shall consider local discretion and flexibility in diversion activities that meet the community’s needs and provide for the safe and effective treatment of individuals with serious mental disorders across a continuum of care. (c) (1) Subject to appropriation by the Legislature, the department may solicit proposals from, and may contract with, a county to help fund the development or expansion of pretrial diversion described in Chapter 2.8A (commencing with Section 1001.35) of Title 6 of Part 2 of the Penal Code, for the population described in subdivision (b) and that meets all of the following criteria: (A) Participants are individuals diagnosed with a mental disorder as identified in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders, including, but not limited to, bipolar disorder, schizophrenia, and schizoaffective disorder, but excluding a primary diagnosis of antisocial personality disorder, borderline personality disorder, and pedophilia, and who are presenting non-substance-induced psychotic symptoms, who have been found incompetent to stand trial pursuant to clause (v) of subparagraph (C) of paragraph (1) of subdivision (a) of Section 1370 of the Penal Code. (B) There is a significant relationship between the individual’s serious mental disorder and the charged offense, or between the individual’s conditions of homelessness and the charged offense. (C) The individual does not pose an unreasonable risk of danger to public safety, as defined in Section 1170.18 of the Penal Code, if treated in the community. (2) A county submitting a proposal for funding under this chapter shall designate a lead entity to apply for the funds. This lead entity shall show in its proposal that it has support from other county entities or other relevant entities, including courts, that are necessary to provide successful diversion of individuals under the contract. (d) When evaluating proposals from the county, the department shall prioritize proposals that demonstrate all of the following: (1) Provision of clinically appropriate or evidence-based mental health treatment and wraparound services across a continuum of care, as appropriate, to meet the individual needs of the diversion participant. For purposes of this section, “wraparound services” means services provided in addition to the mental health treatment necessary to meet the individual’s needs for successfully managing the individual’s mental health symptoms and to successfully live in the community. Wraparound services provided by the diversion program shall include appropriate housing, intensive case management, and substance use disorder treatment, and may include, without limitation, forensic assertive community treatment teams, crisis residential services, criminal justice coordination, peer support, and vocational support. (2) Collaboration between community stakeholders and other partner government agencies in the diversion of individuals with serious mental disorders. (3) Connection of individuals to services in the community after they have completed diversion as provided in this chapter. (e) The department may also provide funding in the contract with the county, subject to appropriation by the Legislature, to cover the cost of providing postbooking assessment of defendants who are likely to be found incompetent to stand trial on felony charges to determine whether the defendant would benefit from diversion as included in the contract. (f) The department may also provide funding in the contract with the county, subject to appropriation by the Legislature, to cover the cost of in-jail treatment prior to the placement in the community for up to an average of 15 days for defendants who have been approved by the court for diversion as included in the contract. (g) A county contracted pursuant to this chapter shall report data and outcomes to the department, within 30 days after the end of each month, regarding those individuals targeted by the contract and in the program. This subdivision does not preclude the department from specifying reporting formats or from modifying, reducing, or adding data elements or outcome measures from a contracting county, as needed to provide for reporting of effective data and outcome measures. Notwithstanding any other law, but only to the extent not prohibited by federal law, the county shall provide specific patient information to the department for reporting purposes. The patient information is confidential and is not open to public inspection. A contracting county shall, at a minimum, report all of the following: (1) The number of individuals that the court ordered to postbooking diversion and the length of time for which the defendant has been ordered to diversion. (2) The number of individuals participating in diversion. (3) The name, social security number, criminal identification and information (CII) number, date of birth, and demographics of each individual participating in the program. This information is confidential and is not open to public inspection. (4) The length of time in diversion for each participating individual. This information is confidential and is not open to public inspection. (5) The types of services and supports provided to each individual participating in diversion. This information is confidential and is not open to public inspection. (6) The number of days each individual was in jail prior to placement in diversion. This information is confidential and is not open to public inspection. (7) The number of days that each individual spent in each level of care facility. This information is confidential and is not open to public inspection. (8) The diagnoses of each individual participating in diversion. This information is confidential and is not open to public inspection. (9) The nature and felony or misdemeanor classification of the charges for each individual participating in diversion. This information is confidential and is not open to public inspection. (10) The number of individuals who completed diversion. (11) The name, social security number, CII number, and birth date of each individual who did not complete diversion and the reasons for not completing. This information is confidential and is not open to public inspection. (h) Contracts awarded pursuant to this chapter are exempt from the requirements contained in the Public Contract Code and the State Administrative Manual and are not subject to approval by the Department of General Services. (i) The funds shall not be used to supplant existing services or services reimbursable from an available source but rather to expand upon them or support new services for which existing reimbursement may be limited. (j) (1) Beginning July 1, 2021, subject to appropriation by the Legislature, the department may amend contracts with a county to fund the expansion of an existing department-funded pretrial diversion as described in Chapter 2.8A (commencing with Section 1001.35) of Title 6 of Part 2 of the Penal Code, for the population described in subdivision (b) and that meets both of the following criteria: (A) All participants identified for potential diversion are found incompetent to stand trial on a felony charge. (B) Participants diverted through a program expansion suffer from a mental disorder as identified in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders, excluding antisocial personality disorder, borderline personality disorder, and pedophilia. (2) Counties expanding their programs under this section will not be required to meet any additional match funding requirements. (k) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the state hospitals and the department may implement, interpret, or make specific this section by means of a departmental letter or other similar instruction, as necessary. (l) The department shall have access to the arrest records and state summary of criminal history of defendants who are participating or have participated in the diversion program. The information may be used solely for the purpose of looking at the recidivism rate for those patients. (m) If the defendant is committed directly to a county program in lieu of commitment to the department, counties shall provide the minute order from the court documenting the incompetent to stand trial finding on a felony charge and the original alienist evaluation associated with that finding. (n) For department-funded diversion programs funded through appropriations made by the Budget Act of 2018 or new county programs funded through the Budget Act of 2021, participants in those county programs may include individuals diagnosed with schizophrenia, schizoaffective disorder, or bipolar disorder, who are likely to be found incompetent to stand trial for felony charges, pursuant to Section 1368 of the Penal Code, or who have been found incompetent to stand trial pursuant to clause (v) of subparagraph (C) of paragraph (1) of subdivision (a) of Section 1370 of the Penal Code, until new funds are dispersed to the county. Counties shall continue to comply with all terms of the contract signed with the department, including matching fund and data reporting requirements. (Amended by Stats. 2025, Ch. 10, Sec. 23. (AB 134) Effective June 27, 2025.)
  153. 4361.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 3. DEPARTMENTAL PROGRAM INITIATIVES [4340 - 4369.4] ( Part 3 added by Stats. 1991, Ch. 89, Sec. 51. ) ## CHAPTER 6.7. State Department of State Hospitals: Contracting Facilities [4361.5 - 4361.7] ( Chapter 6.7 added by Stats. 2021, Ch. 143, Sec. 353. )

    Verify source ↗

    In this chapter, “department” means the State Department of State Hospitals.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 3. DEPARTMENTAL PROGRAM INITIATIVES [4340 - 4369.4] ( Part 3 added by Stats. 1991, Ch. 89, Sec. 51. ) ## CHAPTER 6.7. State Department of State Hospitals: Contracting Facilities [4361.5 - 4361.7] ( Chapter 6.7 added by Stats. 2021, Ch. 143, Sec. 353. ) ## 4361.5. For purposes of this chapter, “department” means the State Department of State Hospitals. (Added by Stats. 2021, Ch. 143, Sec. 353. (AB 133) Effective July 27, 2021.)
  154. 4361.6.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 3. DEPARTMENTAL PROGRAM INITIATIVES [4340 - 4369.4] ( Part 3 added by Stats. 1991, Ch. 89, Sec. 51. ) ## CHAPTER 6.7. State Department of State Hospitals: Contracting Facilities [4361.5 - 4361.7] ( Chapter 6.7 added by Stats. 2021, Ch. 143, Sec. 353. )

    Verify source ↗

    The department may contract for certain mental health bed capacity and services, and it may also contract with public or private entities to house and treat specified committed individuals, if the Legislature has appropriated money for that purpose.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 3. DEPARTMENTAL PROGRAM INITIATIVES [4340 - 4369.4] ( Part 3 added by Stats. 1991, Ch. 89, Sec. 51. ) ## CHAPTER 6.7. State Department of State Hospitals: Contracting Facilities [4361.5 - 4361.7] ( Chapter 6.7 added by Stats. 2021, Ch. 143, Sec. 353. ) ## 4361.6. (a) Subject to an appropriation by the Legislature for this express purpose, the department may contract as follows: (1) For subacute bed capacity, including, but not limited to, institutions for mental disease, mental health rehabilitation centers, skilled nursing facilities, or any other treatment options, such as community-based restoration of competency services, to address the increasing number of patient referrals to the department. (2) With private or public entities to house and treat individuals committed to the department pursuant to Sections 1026, 1370, and 2972 of the Penal Code or Section 5358 of this code. Contracted funds may include any of the following: (A) Program implementation costs. (B) Construction costs, including funds for projects to build new facilities or modify, expand, or retrofit an existing space. (C) One-time purchases of patient and staff furnishings and minor equipment. (D) Activities related to recruitment and training of staff before program activation. (E) Operating expenses. (b) Contracts awarded pursuant to this chapter shall be exempt from the requirements contained in Section 19130 of the Government Code, the Public Contract Code, Section 4101.5 of this code, and the State Administrative Manual. These contracts shall not be subject to approval by the Department of General Services. (c) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department may implement, interpret, or make specific this section by means of a departmental letter or other similar instruction, as necessary. (Amended by Stats. 2022, Ch. 738, Sec. 13. (AB 204) Effective September 29, 2022.)
  155. 4361.7.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 3. DEPARTMENTAL PROGRAM INITIATIVES [4340 - 4369.4] ( Part 3 added by Stats. 1991, Ch. 89, Sec. 51. ) ## CHAPTER 6.7. State Department of State Hospitals: Contracting Facilities [4361.5 - 4361.7] ( Chapter 6.7 added by Stats. 2021, Ch. 143, Sec. 353. )

    Verify source ↗

    The department may contract for services to help provide early access treatment for certain county jail individuals, and county jails must allow reasonable access for that purpose.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 3. DEPARTMENTAL PROGRAM INITIATIVES [4340 - 4369.4] ( Part 3 added by Stats. 1991, Ch. 89, Sec. 51. ) ## CHAPTER 6.7. State Department of State Hospitals: Contracting Facilities [4361.5 - 4361.7] ( Chapter 6.7 added by Stats. 2021, Ch. 143, Sec. 353. ) ## 4361.7. (a) Subject to an appropriation by the Legislature for this express purpose, the department may contract for medical, evaluation, and other services as necessary to facilitate early access to treatment for individuals in county jails who have been deemed incompetent to stand trial on a felony charge. (b) County jails shall allow the department and any of its contractors or designees reasonable access to its facilities and individuals deemed incompetent to stand trial on a felony charge to provide early access treatment. (c) The department may petition for and participate in involuntary medication hearings pursuant to Section 1370 of the Penal Code for individuals housed in county jails who are being treated by department employees or contractors. Nothing in this section shall remove the ability or responsibility of a jail to utilize existing authority to seek an involuntary medication order for individuals or to provide other medical or mental health care. (d) Contracts awarded pursuant to this chapter are exempt from the requirements contained in Section 19130 of the Government Code, the Public Contract Code, Section 4101.5 of this code, and the State Administrative Manual. These contracts are not subject to approval by the Department of General Services. (e) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department may implement, interpret, or make specific this section by means of a departmental letter or other similar instruction, as necessary. (Added by Stats. 2022, Ch. 47, Sec. 57. (SB 184) Effective June 30, 2022.)
  156. 4369.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 3. DEPARTMENTAL PROGRAM INITIATIVES [4340 - 4369.4] ( Part 3 added by Stats. 1991, Ch. 89, Sec. 51. ) ## CHAPTER 8. State Program Of Problem Gambling [4369 - 4369.4] ( Chapter 8 added by Stats. 1997, Ch. 867, Sec. 61. )

    Verify source ↗

    An Office of Problem Gambling exists within the State Department of Public Health.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 3. DEPARTMENTAL PROGRAM INITIATIVES [4340 - 4369.4] ( Part 3 added by Stats. 1991, Ch. 89, Sec. 51. ) ## CHAPTER 8. State Program Of Problem Gambling [4369 - 4369.4] ( Chapter 8 added by Stats. 1997, Ch. 867, Sec. 61. ) ## 4369. There is within the State Department of Public Health, the Office of Problem Gambling. (Amended by Stats. 2015, Ch. 18, Sec. 27. (SB 75) Effective June 24, 2015.)
  157. 4369.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 3. DEPARTMENTAL PROGRAM INITIATIVES [4340 - 4369.4] ( Part 3 added by Stats. 1991, Ch. 89, Sec. 51. ) ## CHAPTER 8. State Program Of Problem Gambling [4369 - 4369.4] ( Chapter 8 added by Stats. 1997, Ch. 867, Sec. 61. )

    Verify source ↗

    This section defines key terms used in the chapter on problem gambling, including affected individual, department, gambling disorder, office, prevention program, and treatment program.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 3. DEPARTMENTAL PROGRAM INITIATIVES [4340 - 4369.4] ( Part 3 added by Stats. 1991, Ch. 89, Sec. 51. ) ## CHAPTER 8. State Program Of Problem Gambling [4369 - 4369.4] ( Chapter 8 added by Stats. 1997, Ch. 867, Sec. 61. ) ## 4369.1. As used in this chapter, the following definitions shall apply: (a) “Affected individual” means a person who experiences adverse psychiatric or physical impacts due to another person’s gambling disorder. (b) “Department” means the State Department of Public Health. (c) “Gambling disorder” means a condition that causes the person to be unable to resist impulses to gamble, which can lead to harmful negative consequences, and that meets the diagnostic criteria set forth in the American Psychiatric Association’s Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition. Gambling disorder includes both pathological and problem gambling behavior. (d) “Office” means the Office of Problem Gambling. (e) “Prevention program” means a program designed to reduce the prevalence of gambling disorders among California residents. The program shall include, but is not limited to, public education and awareness, outreach to high-risk populations, early identification and responsible gambling programs. (f) “Treatment program” means a program designed to assist individuals who experience harmful negative consequences related to gambling disorders. This program shall include, but is not limited to, training and educating providers, establishing a provider network for the provision of treatment services, and conducting research to ensure the delivery of evidence-based practices. (Amended by Stats. 2015, Ch. 18, Sec. 28. (SB 75) Effective June 24, 2015.)
  158. 4369.2.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 3. DEPARTMENTAL PROGRAM INITIATIVES [4340 - 4369.4] ( Part 3 added by Stats. 1991, Ch. 89, Sec. 51. ) ## CHAPTER 8. State Program Of Problem Gambling [4369 - 4369.4] ( Chapter 8 added by Stats. 1997, Ch. 867, Sec. 61. )

    Verify source ↗

    The office must develop a gambling disorder prevention program and a treatment program, and it must provide information to the Governor and Legislature when requested.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 3. DEPARTMENTAL PROGRAM INITIATIVES [4340 - 4369.4] ( Part 3 added by Stats. 1991, Ch. 89, Sec. 51. ) ## CHAPTER 8. State Program Of Problem Gambling [4369 - 4369.4] ( Chapter 8 added by Stats. 1997, Ch. 867, Sec. 61. ) ## 4369.2. (a) The office shall develop a gambling disorder prevention program, which shall consist of all of the following: (1) A toll-free telephone service for immediate crisis management with subsequent referrals of gamblers and affected individuals to health providers at various levels of care who can provide treatment for gambling disorders and related problems and to self-help groups. (2) Public awareness campaigns that focus on prevention and education among the general public including, for example, dissemination of youth oriented preventive literature, educational experiences, and public service announcements in the media. (3) Empirically driven research programs focusing on epidemiology/prevalence, etiology/causation, and best practices in prevention and treatment. (4) Training of health care professionals and educators, and training for law enforcement agencies and nonprofit organizations in the identification of gambling disorders and knowledge of referral services and treatment programs. (5) Training of gambling industry personnel in identifying customers at risk for gambling disorders and knowledge of referral and treatment services. (b) The office shall develop a treatment program for California residents who have a gambling disorder or who are affected individuals. The treatment program may consist of all of the following components: (1) Training for licensed health providers, including screening and assessment of gambling disorders, the use of evidence-based treatment modalities, and the administrative practices for treatment services implemented under this chapter. (2) A network of licensed health providers authorized to receive reimbursement from the state for the provision of treatment services. This network may be created through partnerships with established health or substance use disorder facilities or individuals in private practice that can provide treatment for gambling disorders. State funded treatment services may include, but are not limited to, the following: self-administered, home-based educational programs; telephone counseling; group treatment; outpatient treatment; and inpatient residential treatment when medically necessary. (3) A research program to conduct studies and develop evidence-based tools for use in treating gambling disorders. (4) A funding allocation methodology that ensures treatment services are delivered efficiently and effectively to areas of the state most in need. (5) Appropriate review and monitoring of the treatment program by the director of the office or a designated institution, including grant oversight and monitoring of contracts, the standards for treatment, and outcome monitoring. (6) Treatment efforts shall provide services that are relevant to the needs of a diverse multicultural population with attention to groups with unique needs, including female gamblers, underserved ethnic groups, the elderly, and the physically challenged. (c) The office shall make information available as requested by the Governor and the Legislature with respect to the comprehensive program. (Amended by Stats. 2015, Ch. 18, Sec. 29. (SB 75) Effective June 24, 2015.)
  159. 4369.3.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 3. DEPARTMENTAL PROGRAM INITIATIVES [4340 - 4369.4] ( Part 3 added by Stats. 1991, Ch. 89, Sec. 51. ) ## CHAPTER 8. State Program Of Problem Gambling [4369 - 4369.4] ( Chapter 8 added by Stats. 1997, Ch. 867, Sec. 61. )

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    The office must plan and run the problem gambling program, including statewide planning, regulations, funding priorities, monitoring, and evaluation. Certain program contracts are exempt from specified state contracting requirements and General Services approval, and administrative costs may not exceed 10% of the program’s total budget.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 3. DEPARTMENTAL PROGRAM INITIATIVES [4340 - 4369.4] ( Part 3 added by Stats. 1991, Ch. 89, Sec. 51. ) ## CHAPTER 8. State Program Of Problem Gambling [4369 - 4369.4] ( Chapter 8 added by Stats. 1997, Ch. 867, Sec. 61. ) ## 4369.3. In designing and developing the overall program, the office shall do all of the following: (a) Develop a statewide plan to address gambling disorders. (b) Adopt any regulations necessary to administer the program. (c) Develop priorities for funding services and criteria for distributing program funds. (d) Monitor the expenditures of state funds by agencies and organizations receiving program funding. (e) Evaluate the effectiveness of services provided through the program. The department is authorized to contract with academic experts to perform these evaluations. (f) Notwithstanding any other provision of law, any contracts required to meet the requirements of this chapter are exempt from the requirements contained in the Public Contract Code and the State Administrative Manual, and are exempt from the approval of the Department of General Services. (g) Administrative costs for the program may not exceed 10 percent of the total funding budgeted for the program. (Amended by Stats. 2015, Ch. 18, Sec. 30. (SB 75) Effective June 24, 2015.)
  160. 4369.4.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 3. DEPARTMENTAL PROGRAM INITIATIVES [4340 - 4369.4] ( Part 3 added by Stats. 1991, Ch. 89, Sec. 51. ) ## CHAPTER 8. State Program Of Problem Gambling [4369 - 4369.4] ( Chapter 8 added by Stats. 1997, Ch. 867, Sec. 61. )

    Verify source ↗

    State agencies must coordinate with the office so state programs consider gambling disorders as much as practicable; the office must also work with other gambling-related entities.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 3. DEPARTMENTAL PROGRAM INITIATIVES [4340 - 4369.4] ( Part 3 added by Stats. 1991, Ch. 89, Sec. 51. ) ## CHAPTER 8. State Program Of Problem Gambling [4369 - 4369.4] ( Chapter 8 added by Stats. 1997, Ch. 867, Sec. 61. ) ## 4369.4. All state agencies, including, but not limited to, the California Horse Racing Board, the California Gambling Control Commission, the Department of Justice, and any other agency that regulates casino gambling or cardrooms within the state, and the Department of Corrections and Rehabilitation, the State Department of Public Health, the State Department of Health Care Services, and the California State Lottery, shall coordinate with the office to ensure that state programs take into account, as much as practicable, gambling disorders. The office shall also coordinate and work with other entities involved in gambling and the treatment of gambling disorders. (Amended by Stats. 2015, Ch. 18, Sec. 31. (SB 75) Effective June 24, 2015.)
  161. 4370.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 4. SCHOOL-BASED EARLY MENTAL HEALTH INTERVENTION AND PREVENTION SERVICES FOR CHILDREN ACT [4370 - 4390] ( Part 4 added by Stats. 1991, Ch. 757, Sec. 1. ) ## CHAPTER 1. General Provisions and Definitions [4370 - 4372] ( Chapter 1 added by Stats. 1991, Ch. 757, Sec. 1. )

    Verify source ↗

    This section names the part and says it may be cited as the School-based Early Mental Health Intervention and Prevention Services for Children Act of 1991.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 4. SCHOOL-BASED EARLY MENTAL HEALTH INTERVENTION AND PREVENTION SERVICES FOR CHILDREN ACT [4370 - 4390] ( Part 4 added by Stats. 1991, Ch. 757, Sec. 1. ) ## CHAPTER 1. General Provisions and Definitions [4370 - 4372] ( Chapter 1 added by Stats. 1991, Ch. 757, Sec. 1. ) ## 4370. This part shall be known and may be cited as the School-based Early Mental Health Intervention and Prevention Services for Children Act of 1991. (Added by Stats. 1991, Ch. 757, Sec. 1. Effective October 9, 1991.)
  162. 4371.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 4. SCHOOL-BASED EARLY MENTAL HEALTH INTERVENTION AND PREVENTION SERVICES FOR CHILDREN ACT [4370 - 4390] ( Part 4 added by Stats. 1991, Ch. 757, Sec. 1. ) ## CHAPTER 1. General Provisions and Definitions [4370 - 4372] ( Chapter 1 added by Stats. 1991, Ch. 757, Sec. 1. )

    Verify source ↗

    The Legislature declares findings about children’s mental health and says schools, teachers, parents, service providers, and community organizations must make locally appropriate cooperative agreements to ensure pupils receive school-based early mental health intervention and prevention services.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 4. SCHOOL-BASED EARLY MENTAL HEALTH INTERVENTION AND PREVENTION SERVICES FOR CHILDREN ACT [4370 - 4390] ( Part 4 added by Stats. 1991, Ch. 757, Sec. 1. ) ## CHAPTER 1. General Provisions and Definitions [4370 - 4372] ( Chapter 1 added by Stats. 1991, Ch. 757, Sec. 1. ) ## 4371. The Legislature finds and declares all of the following: (a) Each year in California over 65,000 teenagers become adolescent mothers and 230 teenagers commit suicide. Each year more than 20 percent of California’s teenagers drop out of high school. (b) Thirty percent of California’s elementary school pupils experience school adjustment problems, many of which are evident the first four years of school, that is, kindergarten and grades 1 to 3, inclusive. (c) Problems that our children experience, whether in school or at home, that remain undetected and untreated grow and manifest themselves in all areas of their later lives. (d) There is a clear relationship between early adjustment problems and later adolescent problems, including, but not limited to, poor school attendance, low achievement, delinquency, drug abuse, and high school dropout rates. In many cases, signs of these problems can be detected in the early grades. (e) It is in California’s best interest, both in economic and human terms, to identify and treat the minor difficulties that our children are experiencing before those difficulties become major barriers to later success. It is far more humane and cost-effective to make a small investment in early mental health intervention and prevention services now and avoid larger costs, including, but not limited to, foster care, group home placement, intensive special education services, mental health treatment, or probation supervised care. (f) Programs like the Primary Intervention Program and the San Diego Unified Counseling Program for Children have proven very effective in helping children adjust to the school environment and learn more effective coping skills that in turn result in better school achievement, increased attendance, and increased self-esteem. (g) To create the optimum learning environment for our children, schools, teachers, parents, public and private service providers, and community-based organizations must enter into locally appropriate cooperative agreements to ensure that all pupils will receive the benefits of school-based early mental health intervention and prevention services that are designed to meet their personal, social, and educational needs. (Amended by Stats. 1992, Ch. 722, Sec. 22. Effective September 15, 1992.)
  163. 4372.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 4. SCHOOL-BASED EARLY MENTAL HEALTH INTERVENTION AND PREVENTION SERVICES FOR CHILDREN ACT [4370 - 4390] ( Part 4 added by Stats. 1991, Ch. 757, Sec. 1. ) ## CHAPTER 1. General Provisions and Definitions [4370 - 4372] ( Chapter 1 added by Stats. 1991, Ch. 757, Sec. 1. )

    Verify source ↗

    This section defines key terms used in Part 4.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 4. SCHOOL-BASED EARLY MENTAL HEALTH INTERVENTION AND PREVENTION SERVICES FOR CHILDREN ACT [4370 - 4390] ( Part 4 added by Stats. 1991, Ch. 757, Sec. 1. ) ## CHAPTER 1. General Provisions and Definitions [4370 - 4372] ( Chapter 1 added by Stats. 1991, Ch. 757, Sec. 1. ) ## 4372. For the purposes of this part, the following definitions shall apply: (a) “Cooperating entity” means any federal, state, or local, public or private nonprofit agency providing school-based early mental health intervention and prevention services that agrees to offer services at a schoolsite through a program assisted under this part. (b) “Eligible pupil” means a pupil who attends a publicly funded elementary school and who is in kindergarten or grades 1 to 3, inclusive. (c) “Local educational agency” means any school district or county office of education, or state special school. (d) “Director” means the State Director of Mental Health. (e) “Supportive service” means a service that will enhance the mental health and social development of children. (Amended by Stats. 1992, Ch. 722, Sec. 23. Effective September 15, 1992.)
  164. 4380.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 4. SCHOOL-BASED EARLY MENTAL HEALTH INTERVENTION AND PREVENTION SERVICES FOR CHILDREN ACT [4370 - 4390] ( Part 4 added by Stats. 1991, Ch. 757, Sec. 1. ) ## CHAPTER 2. School-Based Early Mental Health Intervention and Prevention Services Matching Grant Program [4380 - 4383] ( Chapter 2 added by Stats. 1991, Ch. 757, Sec. 1. )

    Verify source ↗

    This section lets the director award matching grants to local educational agencies for school-based early mental health services, subject to available funding and several funding limits.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 4. SCHOOL-BASED EARLY MENTAL HEALTH INTERVENTION AND PREVENTION SERVICES FOR CHILDREN ACT [4370 - 4390] ( Part 4 added by Stats. 1991, Ch. 757, Sec. 1. ) ## CHAPTER 2. School-Based Early Mental Health Intervention and Prevention Services Matching Grant Program [4380 - 4383] ( Chapter 2 added by Stats. 1991, Ch. 757, Sec. 1. ) ## 4380. Subject to the availability of funding each year, the Legislature authorizes the director, in consultation with the Superintendent of Public Instruction, to award matching grants to local educational agencies to pay the state share of the costs of providing programs that provide school-based early mental health intervention and prevention services to eligible pupils at schoolsites of eligible pupils, as follows: (a) The director shall award matching grants pursuant to this chapter to local educational agencies throughout the state. (b) Matching grants awarded under this part shall be awarded for a period of not more than three years and no single schoolsite shall be awarded more than one grant, except for a schoolsite that received a grant prior to July 1, 1992. (c) The director shall pay to each local educational agency having an application approved pursuant to requirements in this part the state share of the cost of the activities described in the application. (d) Commencing July 1, 1993, the state share of matching grants shall be a maximum of 50 percent in each of the three years. (e) Commencing July 1, 1993, the local share of matching grants shall be at least 50 percent, from a combination of school district and cooperating entity funds. (f) The local share of the matching grant may be in cash or payment in-kind. (g) Priority shall be given to those applicants that demonstrate the following: (1) The local educational agency will serve the greatest number of eligible pupils from low-income families. (2) The local educational agency will provide a strong parental involvement component. (3) The local educational agency will provide supportive services with one or more cooperating entities. (4) The local educational agency will provide services at a low cost per child served in the project. (5) The local educational agency will provide programs and services that are based on adoption or modification, or both, of existing programs that have been shown to be effective. No more than 20 percent of the grants awarded by the director may be utilized for new models. (6) The local educational agency will provide services to children who are in out-of-home placement or who are at risk of being in out-of-home placement. (h) Eligible supportive services may include the following: (1) Individual and group intervention and prevention services. (2) Parent involvement through conferences or training, or both. (3) Teacher and staff conferences and training related to meeting project goals. (4) Referral to outside resources when eligible pupils require additional services. (5) Use of paraprofessional staff, who are trained and supervised by credentialed school psychologists, school counselors, or school social workers, to meet with pupils on a short-term weekly basis, in a one-on-one setting as in the primary intervention program established pursuant to Chapter 4 (commencing with Section 4343) of Part 3. A minimum of 80 percent of the grants awarded by the director shall include the basic components of the primary intervention program. (6) Any other service or activity that will improve the mental health of eligible pupils. Prior to participation by an eligible pupil in either individual or group services, consent of a parent or guardian shall be obtained. (i) Each local educational agency seeking a grant under this chapter shall submit an application to the director at the time, in a manner, and accompanied by any information the director may reasonably require. (j) Each matching grant application submitted shall include all of the following: (1) Documentation of need for the school-based early mental health intervention and prevention services. (2) A description of the school-based early mental health intervention and prevention services expected to be provided at the schoolsite. (3) A statement of program goals. (4) A list of cooperating entities that will participate in the provision of services. A letter from each cooperating entity confirming its participation in the provision of services shall be included with the list. At least one letter shall be from a cooperating entity confirming that it will agree to screen referrals of low-income children the program has determined may be in need of mental health treatment services and that, if the cooperating entity determines that the child is in need of those services and if the cooperating entity determines that according to its priority process the child is eligible to be served by it, the cooperating entity will agree to provide those mental health treatment services. (5) A detailed budget and budget narrative. (6) A description of the proposed plan for parent involvement in the program. (7) A description of the population anticipated to be served, including number of pupils to be served and socioeconomic indicators of sites to receive funds. (8) A description of the matching funds from a combination of local education agencies and cooperating entities. (9) A plan describing how the proposed school-based early mental health intervention and prevention services program will be continued after the matching grant has expired. (10) Assurance that grants would supplement and not supplant existing local resources provided for early mental health intervention and prevention services. (11) A description of an evaluation plan that includes quantitative and qualitative measures of school and pupil characteristics, and a comparison of children’s adjustment to school. (k) Matching grants awarded pursuant to this article may be used for salaries of staff responsible for implementing the school-based early mental health intervention and prevention services program, equipment and supplies, training, and insurance. (l) Salaries of administrative staff and other administrative costs associated with providing services shall be limited to 5 percent of the state share of assistance provided under this section. (m) No more than 10 percent of each matching grant awarded pursuant to this article may be used for matching grant evaluation. (n) No more than 10 percent of the moneys allocated to the director pursuant to this chapter may be utilized for program administration and evaluation. Program administration shall include both state staff and field staff who are familiar with and have successfully implemented school-based early mental health intervention and prevention services. Field staff may be contracted with by local school districts or community mental health programs. Field staff shall provide support in the timely and effective implementation of school-based early mental health intervention and prevention services. Reviews of each project shall be conducted at least once during the first year of funding. (o) Subject to the approval of the director, at the end of the fiscal year, a school district may apply unexpended funds to the budget for the subsequent funding year. (p) Contracts for the program and administration, or ancillary services in support of the program, shall be exempt from the requirements of the Public Contract Code and the State Administrative Manual, and from approval by the Department of General Services. (Amended by Stats. 2011, Ch. 347, Sec. 46. (SB 942) Effective January 1, 2012.)
  165. 4381.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 4. SCHOOL-BASED EARLY MENTAL HEALTH INTERVENTION AND PREVENTION SERVICES FOR CHILDREN ACT [4370 - 4390] ( Part 4 added by Stats. 1991, Ch. 757, Sec. 1. ) ## CHAPTER 2. School-Based Early Mental Health Intervention and Prevention Services Matching Grant Program [4380 - 4383] ( Chapter 2 added by Stats. 1991, Ch. 757, Sec. 1. )

    Verify source ↗

    Funding under this chapter is unavailable unless the program or facility is open to children without religious discrimination, includes no religious instruction, and does not use its space to foster religion during program time.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 4. SCHOOL-BASED EARLY MENTAL HEALTH INTERVENTION AND PREVENTION SERVICES FOR CHILDREN ACT [4370 - 4390] ( Part 4 added by Stats. 1991, Ch. 757, Sec. 1. ) ## CHAPTER 2. School-Based Early Mental Health Intervention and Prevention Services Matching Grant Program [4380 - 4383] ( Chapter 2 added by Stats. 1991, Ch. 757, Sec. 1. ) ## 4381. No funding shall be made available to any program or facility pursuant to this chapter unless all of the following conditions are met: (a) The program facility is open to children without regard to any child’s religious beliefs or any other factor related to religion. (b) No religious instruction is included in the program. (c) The space in which the program is operated is not utilized in any manner to foster religion during the time used for the program. (Added by Stats. 1991, Ch. 757, Sec. 1. Effective October 9, 1991.)
  166. 4383.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 4. SCHOOL-BASED EARLY MENTAL HEALTH INTERVENTION AND PREVENTION SERVICES FOR CHILDREN ACT [4370 - 4390] ( Part 4 added by Stats. 1991, Ch. 757, Sec. 1. ) ## CHAPTER 2. School-Based Early Mental Health Intervention and Prevention Services Matching Grant Program [4380 - 4383] ( Chapter 2 added by Stats. 1991, Ch. 757, Sec. 1. )

    Verify source ↗

    A local schoolsite may receive funding for the 1991–92 and 1992–93 fiscal years if both application coordination requirements are met, and the two state departments must jointly review and share the effectiveness of giving both grants to one schoolsite by January 1, 1993.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 4. SCHOOL-BASED EARLY MENTAL HEALTH INTERVENTION AND PREVENTION SERVICES FOR CHILDREN ACT [4370 - 4390] ( Part 4 added by Stats. 1991, Ch. 757, Sec. 1. ) ## CHAPTER 2. School-Based Early Mental Health Intervention and Prevention Services Matching Grant Program [4380 - 4383] ( Chapter 2 added by Stats. 1991, Ch. 757, Sec. 1. ) ## 4383. (a) For the 1991–92 and 1992–93 fiscal years, a local schoolsite may be awarded funding from the director pursuant to this part and from the Superintendent of Public Instruction pursuant to the Healthy Start Support Services for Children Act of 1991 (Chapter 5 (commencing with Section 8800) of Part 6 of the Education Code) if both of the following criteria are met: (1) The application to the director for funding under this part delineates how the program will coordinate and interface with, and is not duplicative of, the program proposed for funding under the Healthy Start Support Services for Children Act of 1991. (2) The application to the Superintendent of Public Instruction for funding under the Healthy Start Support Services for Children Act of 1991 delineates how the program will coordinate and interface with, and is not duplicative of, this part. (b) Up to 20 percent of the schoolsites which receive operational grants from the Healthy Start Support Services for Children program and which apply for grants under this part may receive these grants. The State Department of Mental Health and the State Department of Education shall jointly review the effectiveness of providing both grants to a single schoolsite and make this information available no later than January 1, 1993. (Added by Stats. 1992, Ch. 23, Sec. 2. Effective April 1, 1992.)
  167. 4390.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 4. SCHOOL-BASED EARLY MENTAL HEALTH INTERVENTION AND PREVENTION SERVICES FOR CHILDREN ACT [4370 - 4390] ( Part 4 added by Stats. 1991, Ch. 757, Sec. 1. ) ## CHAPTER 3. School-Based Early Mental Health Intervention and Prevention Services Matching Grant Program Evaluations and Reports [4390- 4390.] ( Chapter 3 added by Stats. 1991, Ch. 757, Sec. 1. )

    Verify source ↗

    Local education agencies that get a matching grant must file annual reports to the director, starting no later than June 30, 1993 and continuing through the grant term.

    ## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 4. SCHOOL-BASED EARLY MENTAL HEALTH INTERVENTION AND PREVENTION SERVICES FOR CHILDREN ACT [4370 - 4390] ( Part 4 added by Stats. 1991, Ch. 757, Sec. 1. ) ## CHAPTER 3. School-Based Early Mental Health Intervention and Prevention Services Matching Grant Program Evaluations and Reports [4390- 4390.] ( Chapter 3 added by Stats. 1991, Ch. 757, Sec. 1. ) ## 4390. The Legislature finds that an evaluation of program effectiveness is both desirable and necessary and accordingly requires the following: No later than June 30, 1993, and each year thereafter through the term of the grant award, each local education agency that receives a matching grant under this part shall submit a report to the director that shall include the following: (a) An evaluation of the effectiveness of the local educational agency in achieving stated goals. (b) A description of the problems encountered in the design and operation of the school-based early mental health intervention and prevention services program, including, but not limited to, identification of any federal, state, or local regulations that impeded program implementation. (c) The number of eligible pupils served by the program. (d) The number of additional eligible pupils who have not been served. (e) An evaluation of the impact of the school-based early mental health intervention and prevention services program on the local educational agency and the children completing the program. The program shall be deemed successful if at least 75 percent of the children who complete the program show an improvement in at least one of the four following areas: (1) Learning behaviors. (2) Attendance. (3) School adjustment. (4) School-related competencies. Improvement shall be compared with comparable children in that school district that do not complete or participate in the program. (f) An accounting of local budget savings, if any, resulting from the implementation of the school-based early mental health intervention and prevention services program. (g) A revised plan of how the proposed school-based early mental health intervention and prevention services program will be continued after the state matching grant has expired, including a list of cooperative entities that will assist in providing the necessary funds and services. Beginning in 1993, this shall, to the extent information is provided by the local mental health department, include a description of the availability of federal financial participation under Title XIX of the federal Social Security Act (42 U.S.C. 1396 and following) through a cooperative agreement or contract with the local mental health department. The county office of education may submit the report on the availability of federal financial participation on behalf of the participating local education agencies with the county. In any county in which there is an interagency children’s services coordination council established pursuant to Section 18986.10, a report submitted pursuant to this paragraph shall be submitted to the council for its review and approval. (Amended by Stats. 2004, Ch. 193, Sec. 214. Effective January 1, 2005.)
  168. 4400.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4400 - 4437] ( Part 1 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    A State Department of Developmental Services exists within the Health and Welfare Agency.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4400 - 4437] ( Part 1 added by Stats. 1977, Ch. 1252. ) ## 4400. There is in the Health and Welfare Agency a State Department of Developmental Services. (Added by Stats. 1977, Ch. 1252.)
  169. 4401.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4400 - 4437] ( Part 1 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    This section defines “Department,” “Director,” and “State hospital” for this division.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4400 - 4437] ( Part 1 added by Stats. 1977, Ch. 1252. ) ## 4401. As used in this division: (a) “Department” means the State Department of Developmental Services. (b) “Director” means the Director of Developmental Services. (c) “State hospital” means any hospital specified in Section 4440. (Added by Stats. 1977, Ch. 1252.)
  170. 4404.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4400 - 4437] ( Part 1 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The department is controlled by the Director of Developmental Services, an executive officer.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4400 - 4437] ( Part 1 added by Stats. 1977, Ch. 1252. ) ## 4404. The department is under the control of an executive officer known as the Director of Developmental Services. (Added by Stats. 1977, Ch. 1252.)
  171. 4405.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4400 - 4437] ( Part 1 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The Governor must appoint the Director of Developmental Services with Senate consent, and may appoint a chief deputy director on the director’s recommendation.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4400 - 4437] ( Part 1 added by Stats. 1977, Ch. 1252. ) ## 4405. With the consent of the Senate, the Governor shall appoint to serve at his pleasure, the Director of Developmental Services. He shall have the powers of a head of a department pursuant to Chapter 2 (commencing with Section 11150) of Part 1 of Division 3 of Title 2 of the Government Code, and shall receive the salary provided for by Chapter 6 (commencing with Section 11550) of Part 1 of Division 3 of Title 2 of the Government Code. Upon recommendation of the director, the Governor may appoint a chief deputy director of the department who shall hold office at the pleasure of the Governor. The salary of the chief deputy director shall be fixed in accordance with law. (Amended by Stats. 1978, Ch. 432.)
  172. 4406.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4400 - 4437] ( Part 1 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The State Department of Developmental Services takes over the duties, purposes, responsibilities, and jurisdiction that the State Department of Health had for developmental disabilities.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4400 - 4437] ( Part 1 added by Stats. 1977, Ch. 1252. ) ## 4406. The State Department of Developmental Services succeeds to and is vested with the duties, purposes, responsibilities, and jurisdiction exercised by the State Department of Health with respect to developmental disabilities on the date immediately prior to the date this section becomes operative. (Added by Stats. 1977, Ch. 1252.)
  173. 4407.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4400 - 4437] ( Part 1 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The State Department of Developmental Services must take possession and control of certain property held for the Director of Health’s use.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4400 - 4437] ( Part 1 added by Stats. 1977, Ch. 1252. ) ## 4407. The State Department of Developmental Services shall have possession and control of all records, papers, offices, equipment, supplies, moneys, funds, appropriations, land, and other property real or personal held for the benefit or use of the Director of Health in the performance of his duties, powers, purposes, responsibilities, and jurisdiction that are vested in the State Department of Developmental Services by Section 4406. (Added by Stats. 1977, Ch. 1252.)
  174. 4408.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4400 - 4437] ( Part 1 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    Certain non-temporary civil service officers and employees of the Director of Health must be transferred to the State Department of Developmental Services.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4400 - 4437] ( Part 1 added by Stats. 1977, Ch. 1252. ) ## 4408. All officers and employees of the Director of Health who on the operative date of this section are serving in the state civil service, other than as temporary employees, and engaged in the performance of a function vested in the State Department of Developmental Services by Section 4406 shall be transferred to the State Department of Developmental Services. The status, positions, and rights of such persons shall not be affected by the transfer and shall be retained by them as officers and employees of the State Department of Developmental Services pursuant to the State Civil Service Act, except as to positions exempt from civil service. (Added by Stats. 1977, Ch. 1252.)
  175. 4408.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4400 - 4437] ( Part 1 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    This section limits who must undergo a criminal history check and requires the State Department of Developmental Services to send fingerprint information to the Department of Justice, which must return a state- or federal-level response.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4400 - 4437] ( Part 1 added by Stats. 1977, Ch. 1252. ) ## 4408.5. (a) The criminal history check required by this section is limited to a State Department of Developmental Services employee, prospective employee, contractor, subcontractor, and volunteer whose duties include, or would include, access to any of the following: (1) The developmental center established by Section 7502, the facility described in paragraph (4) of subdivision (a) of Section 7505, or a program described in Section 4418.7. (2) An individual receiving services at a developmental center, facility, or program, as they are described in paragraph (1), or a consumer receiving services from a regional center. (3) Individuals who are being evaluated for placement at a developmental center, facility, or program, as they are described in paragraph (1). (4) Medical information, as defined in Section 56.05 of the Civil Code. (5) Criminal offender record information, as defined in Section 11075 of the Penal Code, including federal criminal history information obtained pursuant to subdivision (u) of Section 11105 of the Penal Code. (b) The State Department of Developmental Services shall submit to the Department of Justice fingerprint images and related information required by the Department of Justice of an employee, prospective employee, contractor, subcontractor, and volunteer, specified in subdivision (a), in accordance with subdivision (u) of Section 11105 of the Penal Code. (c) The Department of Justice shall provide a state- or federal-level response pursuant to subdivision (p) of Section 11105 of the Penal Code. (d) It is the intent of the Legislature in enacting this section to authorize the department to receive both state- and federal-level information from the Department of Justice following submission of fingerprints for the purpose of performing background checks. (Added by Stats. 2024, Ch. 997, Sec. 22. (AB 179) Effective September 30, 2024.)
  176. 4409.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4400 - 4437] ( Part 1 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    Existing health department regulations covered by this section stay in effect and remain enforceable until the Director of Developmental Services readopts, amends, or repeals them.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4400 - 4437] ( Part 1 added by Stats. 1977, Ch. 1252. ) ## 4409. All regulations heretofore adopted by the State Department of Health pursuant to authority now vested in the State Department of Developmental Services by Section 4406 and in effect immediately preceding the operative date of this section shall remain in effect and shall be fully enforceable unless and until readopted, amended or repealed by the Director of Developmental Services. (Amended by Stats. 1978, Ch. 429.)
  177. 4410.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4400 - 4437] ( Part 1 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The director may accept certain grants or gifts if the Department of General Services approves and the items are to further the work of the State Department of Developmental Services.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4400 - 4437] ( Part 1 added by Stats. 1977, Ch. 1252. ) ## 4410. With the approval of the Department of General Services and for use in the furtherance of the work of the State Department of Developmental Services, the director may accept any or all of the following: (a) Grants of interest in real property. (b) Grants of money received by this state from the United States, the expenditure of which is administered through or under the direction of any department of this state. (c) Gifts of money from public agencies or from persons, organizations, or associations interested in scientific, educational, charitable, or mental health fields. (Amended by Stats. 2014, Ch. 144, Sec. 80. (AB 1847) Effective January 1, 2015.)
  178. 4411.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4400 - 4437] ( Part 1 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The department may spend money made available to it, but only in accordance with law.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4400 - 4437] ( Part 1 added by Stats. 1977, Ch. 1252. ) ## 4411. The department may expend in accordance with law all money now or hereafter made available for its use, or for the administration of any statute administered by the department. (Added by Stats. 1977, Ch. 1252.)
  179. 4412.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4400 - 4437] ( Part 1 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The department may pay actual and necessary travel expenses for authorized officers and employees traveling on official business, subject to law and approval by the Governor and Director of Finance for the described expenses.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4400 - 4437] ( Part 1 added by Stats. 1977, Ch. 1252. ) ## 4412. The department may expend money in accordance with law for the actual and necessary travel expenses of officers and employees of the department who are authorized to absent themselves from the State of California on official business. For the purposes of this section and of Sections 11030 and 11032 of the Government Code, the following constitutes, among other purposes, official business for said officers and employees for which such officers and employees shall be allowed actual and necessary traveling expenses when incurred either in or out of this state upon approval of the Governor and Director of Finance: Attending meetings of any national association or organization having as its principal purpose the study of matters relating to administration of institutions, and care and treatment of developmentally disabled patients; conferring with officers or employees of the United States or other states, relative to problems of institutional care, treatment or management; and obtaining information therefrom, which information would be useful in the conduct of institutional, psychiatric, medical, and similar activities of the State Department of Developmental Services. (Added by Stats. 1977, Ch. 1252.)
  180. 4413.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4400 - 4437] ( Part 1 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The department may appoint employees and set their compensation when it considers them necessary, but it must follow civil service laws.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4400 - 4437] ( Part 1 added by Stats. 1977, Ch. 1252. ) ## 4413. The department may appoint and fix the compensation of such employees as it deems necessary, subject to the laws governing civil service. (Added by Stats. 1977, Ch. 1252.)
  181. 4414.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4400 - 4437] ( Part 1 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    When the department convenes a task force or advisory group, it must make its best effort to include consumers and family members reflecting California’s multicultural diversity.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4400 - 4437] ( Part 1 added by Stats. 1977, Ch. 1252. ) ## 4414. When convening any task force or advisory group, the department shall make its best effort to ensure representation by consumers and family members representing California’s multicultural diversity. (Added by Stats. 1997, Ch. 414, Sec. 1. Effective September 22, 1997.)
  182. 4415.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4400 - 4437] ( Part 1 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    Government Code rules for state officers and departments apply to the State Department of Developmental Services, unless this chapter says otherwise.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4400 - 4437] ( Part 1 added by Stats. 1977, Ch. 1252. ) ## 4415. Except as in this chapter otherwise prescribed, the provisions of the Government Code relating to state officers and departments shall apply to the State Department of Developmental Services. (Added by Stats. 1977, Ch. 1252.)
  183. 4415.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4400 - 4437] ( Part 1 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The Chief of the Office of Protective Services is titled the Director of Protective Services, and the director must meet specified experience and certification requirements. The Secretary of California Health and Human Services appoints the director.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4400 - 4437] ( Part 1 added by Stats. 1977, Ch. 1252. ) ## 4415.5. (a) The Chief of the Office of Protective Services, who has the responsibility and authority to manage all protective service components within the department’s law enforcement and fire protection divisions, including those at each state developmental center, shall be known as the Director of Protective Services. The director shall be an experienced law enforcement officer with a Peace Officers Standards and Training Management Certificate or higher, and with extensive management experience directing uniformed peace officer and investigation operations. (b) The Director of Protective Services shall be appointed by, and shall serve at the pleasure of, the Secretary of California Health and Human Services. (Added by Stats. 2012, Ch. 660, Sec. 2. (SB 1051) Effective September 27, 2012.)
  184. 4416.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4400 - 4437] ( Part 1 added by Stats. 1977, Ch. 1252. )

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    The State Department of Developmental Services has jurisdiction over enforcing laws related to the care, custody, and treatment of developmentally disabled persons, unless this code says otherwise. The section also defines “establishment” and “institutions” broadly.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4400 - 4437] ( Part 1 added by Stats. 1977, Ch. 1252. ) ## 4416. Unless otherwise indicated in this code, the State Department of Developmental Services has jurisdiction over the execution of the laws relating to the care, custody, and treatment of developmentally disabled persons, as provided in this code. As used in this division, “establishment” and “institutions” include every hospital, sanitarium, boarding home, or other place receiving or caring for developmentally disabled persons. (Added by Stats. 1977, Ch. 1252.)
  185. 4416.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4400 - 4437] ( Part 1 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The State Department of Developmental Services may contract with qualified organizations to provide certain Social Security Act services, and those contracts may use competitive or noncompetitive bidding.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4400 - 4437] ( Part 1 added by Stats. 1977, Ch. 1252. ) ## 4416.5. The State Department of Developmental Services may contract with one or more qualified organizations to provide the services required by Section 1919 of the Social Security Act (P.L. 100-203) to persons eligible for those services who are not otherwise within the scope of Division 4.1 (commencing with Section 4400), Division 4.5 (commencing with Section 4500), Division 6 (commencing with Section 6000), or Chapter 3 (commencing with Section 7500) of Division 7. Contracts entered into pursuant to this section may be awarded on either a competitive bidding basis or on a noncompetitive bidding basis. (Added by Stats. 1989, Ch. 973, Sec. 2. Effective September 29, 1989.)
  186. 4417.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4400 - 4437] ( Part 1 added by Stats. 1977, Ch. 1252. )

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    The State Department of Developmental Services may provide information, advise interested public bodies, conduct related educational work, create community mental health clinics, and adopt rules needed to carry out this section, but it may not authorize compulsory medical or physical examination, treatment, or control.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4400 - 4437] ( Part 1 added by Stats. 1977, Ch. 1252. ) ## 4417. (a) The State Department of Developmental Services may: (1) Disseminate educational information relating to the prevention, diagnosis and treatment of persons with intellectual disabilities. (2) Upon request, advise all public officers, organizations and agencies interested in the developmental disabilities of the people of the state. (3) Conduct educational and related work that will tend to encourage the development of proper facilities for persons with developmental disabilities throughout the state. (b) The department may organize, establish, and maintain community mental health clinics for the prevention, early diagnosis, and treatment of intellectual disability. These clinics may be maintained only for persons not requiring institutional care, who voluntarily seek the aid of the clinics. These clinics may be maintained at the locations in the communities of the state designated by the director, or at any institution under the jurisdiction of the department designated by the director. (c) The department may establish rules and regulations that are necessary to carry out this section. This section does not authorize any form of compulsory medical or physical examination, treatment, or control of any person. (Amended by Stats. 2014, Ch. 144, Sec. 81. (AB 1847) Effective January 1, 2015.)
  187. 4418.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4400 - 4437] ( Part 1 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The State Department of Developmental Services may contract for psychiatric, medical, and other necessary aftercare services for certain judicially committed patients on leave from state hospitals.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4400 - 4437] ( Part 1 added by Stats. 1977, Ch. 1252. ) ## 4418. The State Department of Developmental Services may obtain psychiatric, medical and other necessary aftercare services for judicially committed patients on leave of absence from state hospitals by contracting with any city, county, local health district, or other public officer or agency, or with any private person or agency to furnish such services to patients in or near the home community of the patient. Any city, county, local health district, or other public officer or agency authorized by law to provide mental health and aftercare services is authorized to enter such contracts. (Added by Stats. 1977, Ch. 1252.)
  188. 4418.2.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4400 - 4437] ( Part 1 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The department must support the activities listed in Sections 4418.25, 4418.3, and 4418.7, using regional resource development projects.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4400 - 4437] ( Part 1 added by Stats. 1977, Ch. 1252. ) ## 4418.2. The department shall support, utilizing regional resource development projects, the activities specified in Sections 4418.25, 4418.3, and 4418.7. (Added by Stats. 2002, Ch. 1161, Sec. 27. Effective September 30, 2002.)
  189. 4418.25.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4400 - 4437] ( Part 1 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The department must set policies for annual community placement plans, and regional centers must complete and report required assessments and related information on a set schedule.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4400 - 4437] ( Part 1 added by Stats. 1977, Ch. 1252. ) ## 4418.25. (a) (1) The department shall establish policies and procedures for the development of an annual community placement plan by regional centers. The community placement plan shall be based upon an individual program plan process as referred to in subdivision (a) of Section 4418.3 and shall be linked to the development of the annual State Budget. The department’s policies shall address statewide priorities, plan requirements, and the statutory roles of regional centers, developmental centers, and regional resource development projects in the process of assessing consumers for community living and in the development of community resources. (2) (A) In addition to the existing priorities to support the closure of the developmental centers and the development of services and supports to transition individuals from restrictive settings, including institutions for mental disease, the department also shall establish guidelines by which community placement plan funds appropriated through the budget process may be utilized for community resource development to address the needs for services and supports of consumers living in the community in accordance with Section 4679. (B) The department may allocate funds to regional centers for purposes of community resource development as provided in this paragraph when the department determines that sufficient funding has been appropriated and reserved for a fiscal year for development of the resources that are necessary to address the needs of persons moving from a developmental center pursuant to Section 4474.11, and no sooner than 30 days after the department has provided notice of this determination to the Joint Legislative Budget Committee and the appropriate policy and fiscal committees of the Legislature. (b) (1) To reduce reliance on developmental centers and mental health facilities, including institutions for mental disease as described in Part 5 (commencing with Section 5900) of Division 5, for which federal funding is not available, and out-of-state placements, the department shall establish a statewide specialized resource service that does all of the following: (A) Tracks the availability of specialty residential beds and services. (B) Tracks the availability of specialty clinical services. (C) Coordinates the need for specialty services and supports in conjunction with regional centers. (D) Identifies, subject to federal reimbursement, developmental center services and supports that can be made available to consumers residing in the community, when no other community resource has been identified. (2) By September 1, 2012, regional centers shall provide the department with information about all specialty resources developed with the use of community placement plan funds and shall make these resources available to other regional centers. (3) When allocating funding for community placement plans, priority shall be given to the development of needed statewide specialty services and supports, including regional community crisis homes. (4) If approved by the director, funding may be allocated to facilities that meet the criteria of Sections 1267.75 and 1531.15 of the Health and Safety Code. (5) The department shall not provide community placement plan funds to develop programs that are ineligible for federal funding participation unless approved by the director. (c) (1) The community placement plan shall provide for dedicated funding for comprehensive assessments of developmental center residents, for identified costs of moving individuals from developmental centers to the community, and for deflection of individuals from developmental center admission. The plans shall, where appropriate, include budget requests for regional center operations, assessments, resource development, and ongoing placement costs. These budget requests are intended to provide supplemental funding to regional centers. The plan is not intended to limit the department’s or regional centers’ responsibility to otherwise conduct assessments and individualized program planning, and to provide needed services and supports in the least restrictive, most integrated setting in accord with the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500)). (2) (A) Regional centers shall complete a comprehensive assessment of a consumer residing in a developmental center on July 1, 2012, who meets both of the following criteria: (i) The consumer is not committed pursuant to Section 1370.1 of the Penal Code. (ii) The consumer has not had such an assessment in the prior two years. (B) The assessment shall include input from the regional center, the consumer, and, if appropriate, the consumer’s family, legal guardian, conservator, or authorized representative, and shall identify the types of community-based services and supports available to the consumer that would enable the consumer to move to a community setting. Necessary services and supports not currently available in the community setting shall be considered for development pursuant to community placement planning and funding. (C) Regional centers shall specify in the annual community placement plan how they will complete the required assessment and the timeframe for completing the assessment for each consumer. Initial assessments pursuant to this paragraph for individuals residing in a developmental center on July 1, 2012, shall be completed by December 31, 2015, unless a regional center demonstrates to the department that an extension of time is necessary and the department grants such an extension. (D) The assessment completed in the prior two years, or the assessment completed pursuant to the requirements of this section, including any updates pursuant to subparagraph (E), shall be provided to both of the following: (i) The individual program planning team and clients’ rights advocate for the regional center in order to assist the planning team in determining the least restrictive environment for the consumer. (ii) The superior court with jurisdiction over the consumer’s placement at the developmental center, including the consumer’s attorney of record and other parties known to the regional center. For judicial proceedings pursuant to Article 2 (commencing with Section 6500) of Chapter 2 of Part 2 of Division 6, the comprehensive assessment shall be included in the regional center’s written report required by Section 6504.5. For all other proceedings, the regional center shall provide the comprehensive assessment to the court and parties to the case at least 14 days in advance of regularly scheduled judicial review. This clause shall not apply to consumers committed pursuant to Section 1370.1 of the Penal Code. (E) The assessments described in subparagraph (D) shall be updated annually as part of the individual program planning process for as long as the consumer resides in the developmental center. To the extent appropriate, the regional center shall also provide relevant information from the statewide specialized resource service. The regional center shall notify the clients’ rights advocate for the regional center of the time, date, and location of each individual program plan meeting that includes discussion of the results of the comprehensive assessment and updates to that assessment. The regional center shall provide this notice as soon as practicable following the completion of the comprehensive assessment or update and not less than 30 calendar days before the meeting. The clients’ rights advocate may participate in the meeting unless the consumer objects on their own behalf. (d) The department shall review, negotiate, and approve regional center community placement plans for feasibility and reasonableness, including recognition of each regional centers’ current developmental center population and their corresponding placement level, as well as each regional centers’ need to develop new and innovative service models. The department shall hold regional centers accountable for the development and implementation of their approved plans. The regional centers shall report, as required by the department, on the outcomes of their plans. The department shall make aggregate performance data for each regional center available, upon request, as well as data on admissions to, and placements from, each developmental center. (e) Funds allocated by the department to a regional center for a community placement plan developed under this section shall be controlled through the regional center contract to ensure that the funds are expended for the purposes allocated. Funds allocated for community placement plans that are not used for that purpose may be transferred to Item 4300-003-0001 for expenditure in the state developmental centers if their population exceeds the budgeted level. Any unspent funds shall revert to the General Fund. (f) Commencing May 1, 2013, and then on April 1, 2014, and on April 1 annually thereafter, the department shall provide to the fiscal and appropriate policy committees of the Legislature, and to the contractor for regional center clients’ rights advocacy services under Section 4433, information on efforts to serve consumers with challenging service needs, including, but not limited to, all of the following: (1) For each regional center, the number of consumers admitted to each developmental center, including the legal basis for the admissions. (2) For each regional center, the number of consumers described in paragraph (2) of subdivision (a) of Section 7505 who were admitted to Fairview Developmental Center by court order pursuant to Article 2 (commencing with Section 6500) of Chapter 2 of Part 2 of Division 6, and the number and lengths of stay of consumers, including those who have transitioned back to a community living arrangement. (3) Outcome data related to the assessment process set forth in Section 4418.7, including the number of consumers who received assessments pursuant to Section 4418.7 and the outcomes of the assessments. Each regional center, commencing March 1, 2013, and then on February 1, 2014, and on February 1 annually thereafter, shall provide the department with information on alternative community services and supports provided to those consumers who were able to remain in the community following the assessments, and the unmet service needs that resulted in any consumers being admitted to Fairview Developmental Center. (4) Progress in the development of needed statewide specialty services and supports, including regional community crisis options, as provided in paragraph (3) of subdivision (b). Each regional center shall provide the department with a report containing the information described in this paragraph commencing March 1, 2013, and then on February 1, 2014, and on February 1 annually thereafter. (5) Progress in reducing reliance on mental health facilities ineligible for federal Medicaid funding, and out-of-state placements, including information on the utilization of those facilities, which shall include, by regional center, all of the following: (A) The total number and age range of consumers placed in those facilities. (B) The number of admissions. (C) The reasons for admissions by category, including, but not limited to, incompetent-to-stand-trial (IST) commitment, Section 6500 commitment, crisis stabilization, and lack of appropriate community placement. (D) The lengths of stay of consumers. (E) The type of facility. (6) Information on the utilization of facilities serving consumers with challenging service needs that utilize delayed egress devices and secured perimeters, pursuant to Section 1267.75 or 1531.15 of the Health and Safety Code, including the number of admissions, reasons for admissions, and lengths of stay of consumers, including those who have transitioned to less restrictive living arrangements. (7) If applicable, any recommendations regarding additional rate exceptions or modifications beyond those allowed for under existing law that the department identifies as necessary to meet the needs of consumers with challenging service needs. (g) Each regional center, commencing March 1, 2013, and then on February 1, 2014, and on February 1 annually thereafter, shall provide information to the department regarding the facilities described in paragraph (6) of subdivision (f), including, but not limited to, the number of admissions, reasons for admissions, and lengths of stay of consumers, including those who have transitioned to less restrictive living arrangements. (h) Each institution for mental disease that, in the preceding year, has admitted a regional center consumer, including consumers whose placements are not funded by a regional center, shall report quarterly on February 1, May 1, August 1, and November 1, to the department, the regional center providing services to the consumer, and the contractor for regional center clients’ rights advocacy services under Section 4433, all of the following in a format prescribed by the department: (1) The total number and age, race, and ethnicity of consumers placed in that facility. (2) The number of admissions. (3) The reasons for admissions by category. (4) The lengths of stay of consumers. (5) The funding source. (Amended by Stats. 2022, Ch. 49, Sec. 12. (SB 188) Effective June 30, 2022.)
  190. 4418.3.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4400 - 4437] ( Part 1 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    This section sets out transition-planning and follow-up duties for moving a person from a developmental center to community living.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4400 - 4437] ( Part 1 added by Stats. 1977, Ch. 1252. ) ## 4418.3. (a) It is the intent of the Legislature to ensure that the transition process from a developmental center to a community living arrangement is based upon the individual’s needs, developed through the individual program plan process, and ensures that needed services and supports will be in place at the time the individual moves. It is further the intent of the Legislature that regional centers, developmental centers, and regional resource development projects coordinate with each other for the benefit of their activities in assessment, in the development of individual program plans, and in planning, transition, and deflection, and for the benefit of consumers. (b) As individuals are identified for possible movement to the community, an individual planning meeting shall be initiated by the developmental center, which shall notify the planning team, pursuant to subdivision (j) of Section 4512, and the regional resource development project of the meeting. The regional resource development project shall make services available to the developmental center and the regional center, including, but not limited to, consultations with the planning teams and the identification of services and supports necessary for the consumer to succeed in community living. (c) The development of the individual program plan shall be consistent with Sections 4646 and 4646.5. For the purpose of this section, the planning team shall include developmental center staff knowledgeable about the service and support needs of the consumer. (d) Regional resource development project services may include providing information in an understandable form to consumers and, where appropriate, their families, conservators, legal guardians, or authorized representatives, that will assist them in making decisions about community living and services and supports. This information may include affording the consumer the opportunity to visit a variety of community living arrangements that could meet his or her needs. If the visits are not feasible, as determined by the planning team, a family member or other representative of the consumer may conduct the visits. Regional resource development projects may be requested to facilitate these visits. The availability of this service shall be made known by the planning team to consumers and, where appropriate, their families, conservators, legal guardians, or authorized representative. (e) Once the individual program plan is completed and providers of services and supports are identified and agreed to, pursuant to subdivision (b) of Section 4646.5, and no less than 15 days prior to the move, unless otherwise ordered by a court, a transition conference, which may be facilitated by a regional resource development project, shall be held. Participants in the transition conference shall include, but not be limited to, the consumer, where appropriate the consumer’s parents, legal guardian, conservator, or authorized representative, a regional center representative, a developmental center representative, and a representative of each provider of primary services and supports identified in the individual program plan. This meeting may take place in the catchment area to which the consumer is moving. If necessary, conferees may participate by telephone or video conference. The purpose of this conference shall be to ensure a smooth transition from the developmental center to the community. (f) The department, through the appropriate regional resource development project, shall provide, in cooperation with regional centers and developmental centers, followup services to help ensure a smooth transition to the community. Followup services shall include, but shall not limited to, all of the following: (1) Regularly scheduled as well as on an as-needed basis, contacts and visits with consumers and service providers during the 12 months following the consumers movement date. (2) Participation in the development of an individual program plan in accordance with Sections 4646 and 4646.5. (3) Identification of issues that need resolution. (4) Arrangement for the provision of developmental center services, including, but not limited to, medication review, crisis services, and behavioral consultation. (g) To ascertain that the individual program plan is being implemented, that planned services are being provided, and that the consumer and, where appropriate the consumer’s parents, legal guardian, or conservator, are satisfied with the community living arrangement, the regional center shall schedule face-to-face reviews no less than once every 30 days for the first 90 days. Following the first 90 days, and following notification to the department, the regional center may conduct these reviews less often as specified in the individual program plan. (h) The regional center and the regional resource development project shall coordinate their followup reviews required pursuant to subdivisions (f) and (g) and shall share with each other information obtained during the course of the followup visits. (Amended by Stats. 2002, Ch. 1161, Sec. 29. Effective September 30, 2002.)
  191. 4418.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4400 - 4437] ( Part 1 added by Stats. 1977, Ch. 1252. )

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    The department may provide protective social services for certain developmentally disabled patients, and must pay for private-home care when funds are appropriated and available and request/plan conditions are met.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4400 - 4437] ( Part 1 added by Stats. 1977, Ch. 1252. ) ## 4418.5. The department may provide protective social services for the care of developmentally disabled patients released from state hospitals of the department or to prevent the unnecessary admission of developmentally disabled persons to hospitals at public expense or to facilitate the release of developmentally disabled patients for whom such hospital care is no longer the appropriate treatment; provided that such services may be rendered only if provision for such services is made in the California Developmental Disabilities State Plan. The department, to the extent funds are appropriated and available, shall pay for the cost of providing for care in a private home for developmentally disabled persons described in, and subject to the request and plan conditions of, the immediately preceding paragraph. The monthly rate for such private home care shall be set by the department at an amount which will provide the best possible care at minimum cost and also insure: (1) That the person will receive proper treatment and may be expected to show progress in achieving the maximum adjustment toward returning to community life; and (2) That sufficient homes can be recruited to achieve the stated objectives of this section. It is the legislative intent that the department may make the fullest possible use of available resources in serving developmentally disabled persons. The department may provide services pursuant to this section directly or through contract with public or private entities. Notwithstanding any other provision of law, any contract or grant entered into with a public or private nonprofit corporation for the provision of services to developmentally disabled persons may provide for periodic advance payments for services to be performed under such contract. No advanced payment made pursuant to this section shall exceed 25 percent of the total annual contract amount. The department may provide protective social services, including the cost of care in a private home pursuant to this section or in a suitable facility as specified in Section 7354, for judicially committed developmentally disabled patients released from a state hospital on leave of absence or parole, and payments therefor shall be made from funds available to the department for that purpose or for the support of patients in state hospitals. (Amended by Stats. 1979, Ch. 1142.)
  192. 4418.6.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4400 - 4437] ( Part 1 added by Stats. 1977, Ch. 1252. )

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    The department may create respite care services in its family care program for developmentally disabled people, and it must set reimbursement rates after studying whether intermittent and irregular service causes extra costs.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4400 - 4437] ( Part 1 added by Stats. 1977, Ch. 1252. ) ## 4418.6. The department may establish within its family care program respite care services for the developmentally disabled. Such respite care services may be available to both family home caretakers and to persons referred by the regional centers for the developmentally disabled. For purposes of this section, respite care means temporary and intermittent care provided for short periods of time. The rate of reimbursement for such respite care service shall be established by the department after it conducts a study to determine if there are increased costs inherent in the provision of an intermittent and irregular service. (Added by renumbering Section 10053.9 by Stats. 1978, Ch. 429.)
  193. 4418.7.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4400 - 4437] ( Part 1 added by Stats. 1977, Ch. 1252. )

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    This section requires regional centers and the department to take rapid steps when a consumer’s community placement is at risk and acute-crisis admission may be needed, including notice, assessment, planning, and court-related action.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4400 - 4437] ( Part 1 added by Stats. 1977, Ch. 1252. ) ## 4418.7. (a) (1) If the regional center determines, or is informed by the consumer’s parents, legal guardian, conservator, or authorized representative that the community placement of a consumer is at risk of failing, and that admittance to an acute crisis home operated by the department is a likelihood, or the regional center is notified by a court of a potential admission to an acute crisis home operated by the department, the regional center shall immediately notify the appropriate regional resource development project, the consumer, the consumer’s parents, legal guardian, or conservator, and the regional center clients’ rights advocate. For purposes of this section, “acute crisis home operated by the department” means property used to provide Stabilization, Training, Assistance and Reintegration (STAR) services. (2) For purposes of this section, notification to the clients’ rights advocate for the consumer’s regional center shall include a copy of the most recent comprehensive assessment or updated assessment, and the time, date, and location of an individual program plan meeting held pursuant to subdivision (b). The regional center shall provide this notice as soon as practicable, but not less than seven calendar days prior to the meeting. (b) In these cases, the regional resource development project shall immediately arrange for an assessment of the situation, including, visiting the consumer, if appropriate, determining barriers to successful integration, and recommending the most appropriate means necessary to assist the consumer to remain in the community. The regional center shall request assistance from the statewide specialized resource service pursuant to Section 4418.25, as necessary, in order to determine the most appropriate means necessary to assist the consumer to remain in the community and shall provide the information obtained from the statewide specialized resource service to the regional resource development project. If, based on the assessment, the regional resource development project determines that additional or different services and supports are necessary, the department shall ensure that the regional center provides those services and supports on an emergency basis. An individual program plan meeting, including the regional resource development project’s representative, if necessary shall be convened as soon as possible to review the emergency services and supports and determine the consumer’s ongoing needs for services and supports. The regional resource development project shall follow up with the regional center as to the success of the recommended interventions until the consumer’s living arrangement is stable. (c) (1) If the regional resource development project determines, based on the assessment conducted pursuant to subdivision (b), that the consumer referred to the regional resource development project by the court cannot be safely served in an acute crisis home operated by the department, the department shall notify the court in writing and shall continue to work jointly with the regional center to identify or develop alternative services and supports and implement the alternative services and supports that are identified or developed. (2) (A) If the regional resource development project, in consultation with the regional center, the consumer, and the consumer’s parents, legal guardian, or conservator, when appropriate, determines that admittance to an acute crisis home operated by the department is necessary due to an acute crisis, as defined in paragraph (1) of subdivision (d), and the director of the department or their designee has approved admission, the regional center shall immediately pursue the obtainment of a court order pursuant to Section 6506 for short-term admission and crisis stabilization. (B) (i) The regional resource development project, in consultation with the regional center, the consumer, and, when appropriate, the consumer’s parents, legal guardian, conservator, or authorized representative, shall not make a determination that admittance to an acute crisis home operated by the department is necessary due to an acute crisis, as defined in paragraph (1) of subdivision (d), unless the determination includes a regional center report detailing all considered community-based services and supports, including, but not limited to, a community crisis home certified pursuant to Article 8 (commencing with Section 4698) of Chapter 6 of Division 4.5, a supported living arrangement pursuant to Section 4689, including rental subsidies described in subdivision (i) of Section 4689, environmental accessibility adaptions or other home modifications, supplemental services and emergency and crisis intervention services described in subdivision (a) of Section 4648, whether rate adjustments are necessary to secure the services and supports considered, and an explanation of why those options could not meet the consumer’s needs at the time of the determination. (ii) For purposes of complying with clause (i), the regional center shall not be required to consider out-of-state placements or mental health facilities, including institutions for mental disease, as described in Part 5 (commencing with Section 5900) of Division 5, that are ineligible for federal Medicaid funding. (d) (1) For purposes of this section, the following terms have the following meanings: (A) “Acute crisis” means, as a result of the consumer’s behavior, all of the following are met: (i) There is imminent risk for substantial harm to the consumer or others. (ii) The service and support needs of the consumer cannot be met in the community, including with supplemental services, as set forth in subparagraph (F) of paragraph (10) of subdivision (a) of Section 4648, and emergency and crisis intervention services, as set forth in paragraph (11) of subdivision (a) of Section 4648. (iii) Due to serious and potentially life-threatening conditions, the consumer requires a specialized environment for crisis stabilization. (B) “Containment” has the same meaning as defined in Section 59000 of Title 17 of the California Code of Regulations. (C) “Emergency intervention” has the same meaning as defined in Section 59000 of Title 17 of the California Code of Regulations. (D) “Physical restraint” has the same meaning as defined in Section 59000 of Title 17 of the California Code of Regulations. (E) “Prone restraint” has the same meaning as defined in Section 59000 of Title 17 of the California Code of Regulations. (F) “Seclusion” has the same meaning as defined in Section 59000 of Title 17 of the California Code of Regulations. (2) For purposes of paragraph (1), out-of-state placements or mental health facilities and other facilities, including institutions for mental disease, as described in Part 5 (commencing with Section 5900) of Division 5, for which federal Medicaid funding is not available, shall not be deemed to be supplemental services or emergency and crisis intervention services. (e) When an admission occurs due to an acute crisis, all of the following shall apply: (1) As soon as possible following admission to an acute crisis home operated by the department, a comprehensive assessment shall be completed by the regional center in coordination with the regional resource development project and the acute crisis service staff. The comprehensive assessment shall include the identification of the services and supports needed for crisis stabilization and the timeline for identifying or developing the services and supports needed to transition the consumer back to a noncrisis community setting. The regional center shall immediately submit a copy of the comprehensive assessment to the committing court. Immediately following the assessment, and not later than 30 days following admission, the regional center and the acute crisis home operated by the department shall jointly convene an individual program plan meeting to determine the services and supports needed for crisis stabilization and to develop a plan to transition the consumer into community living pursuant to Section 4418.3. The clients’ rights advocate for the regional center shall be notified of the admission and the individual program plan meeting and may participate in the individual program plan meeting unless the consumer objects on their own behalf. (2) If transition is not expected within 90 days of admission, an individual program plan meeting shall be held to discuss the status of transition and to determine if the consumer is still in need of crisis stabilization. If crisis services continue to be necessary, the regional center shall submit to the department an updated transition plan and a request for an extension of stay at the acute crisis home operated by the department of up to 90 days. (3) (A) A consumer shall reside in an acute crisis home operated by the department no longer than six months before being placed into a community living arrangement pursuant to Section 4418.3, unless, prior to the end of the six months, all of the following have occurred: (i) The regional center has conducted an additional comprehensive assessment based on information provided by the regional center, and the department determines that the consumer continues to be in an acute crisis. (ii) The individual program planning team has developed a plan that identifies the specific services and supports necessary to transition the consumer into the community, and the plan includes a timeline to obtain or develop those services and supports. (iii) The committing court has reviewed and, if appropriate, extended the commitment. (B) The clients’ rights advocate for the regional center shall be notified of the proposed extension pursuant to clause (iii) of subparagraph (A) and the individual program plan meeting to consider the extension, and may participate in the individual program plan meeting unless the consumer objects on their own behalf. (C) (i) A consumer’s placement at an acute crisis home operated by the department shall not exceed one year unless both of the following occur: (I) The regional center demonstrates significant progress toward implementing the plan specified in clause (ii) of subparagraph (A) identifying the specific services and supports necessary to transition the consumer into the community. (II) Extraordinary circumstances exist beyond the regional center’s control that have prevented the regional center from obtaining those services and supports within the timeline based on the plan. (ii) If both of the circumstances described in subclauses (I) and (II) of clause (i) exist, the regional center may request, and the committing court may grant, an additional extension of the commitment, not to exceed 30 days. (D) Consumers placed in the community after admission to an acute crisis home operated by the department pursuant to this section shall be considered to have moved from a developmental center for purposes of Section 4640.6. (f) The department shall collect data on the outcomes of efforts to assist at-risk consumers to remain in the community. The department shall make aggregate data on the implementation of the requirements of this section available, upon request. (g) Commencing January 1, 2015, admissions to an acute crisis home operated by the department pursuant to a court order for an acute crisis, as described in this section, shall be limited to a property used to provide STAR services. (h) Acute crisis consumers may participate in day, work, education, and recreational programs when the individual program plan identifies it is appropriate and consistent with the individual’s treatment plan. The acute crisis homes shall assist the consumer with transitioning back to their prior residence, or an alternative community-based residential setting, within the timeframe described in this section. (i) The department may execute leases, lease-purchases, or leases with the option to purchase for real property necessary for the establishment or maintenance of STAR homes to serve as acute crisis homes operated by the department. (j) Notwithstanding any other law or regulation, an acute crisis home operated by the department shall not utilize any of the following interventions: (1) A prone restraint. (2) A physical restraint or containment, unless the consumer presents an imminent risk of serious physical harm to themselves or others that cannot be prevented using a less restrictive technique. In no circumstance shall an acute crisis home operated by the department utilize an emergency intervention technique that obstructs a consumer’s respiratory airway or impairs the consumer’s breathing or respiratory capacity. (3) Seclusion. (4) The emergency interventions described in Section 85102 of Title 22 of the California Code of Regulations. (5) Psychotropic or behavior-modifying medications used to control behavior or to restrict a person’s freedom of movement if that medication is not a standard treatment for the person’s individualized medical or psychiatric condition. (Amended by Stats. 2024, Ch. 80, Sec. 129. (SB 1525) Effective January 1, 2025.)
  194. 4418.8.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4400 - 4437] ( Part 1 added by Stats. 1977, Ch. 1252. )

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    This section lets the department create a community residential program for people with complex needs, sets strict admission and meeting timelines, and bars certain restraints, seclusion, and other interventions in complex needs homes.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4400 - 4437] ( Part 1 added by Stats. 1977, Ch. 1252. ) ## 4418.8. (a) (1) As part of the safety net plan required by Section 4474.16, the department may develop a residential program in the community for adolescents and adults with complex needs. This program shall consist of up to three complex needs homes described in this section. A complex needs home shall not exceed five beds per home and any stay shall not exceed 18 months, except as provided by paragraph (5) of subdivision (e). (2) If the regional center determines, or is informed by the consumer’s parents, legal guardian, conservator, or authorized representative, that the community placement of a consumer is at risk of failing and that admittance to a complex needs residential home is a likelihood, or the regional center is notified by a court of a potential admission to a complex needs home, the regional center shall immediately notify the appropriate regional resource development project, the consumer, the consumer’s parents, legal guardian, or conservator, and the regional center clients’ rights advocate. (3) For purposes of this section, notification to the clients’ rights advocate for the consumer’s regional center shall include a copy of the most recent comprehensive assessment or updated assessment and the time, date, and location of the individual program plan meeting to be held pursuant to paragraph (3) of subdivision (b). The regional center shall provide this notice as soon as practicable, but no later than seven calendar days prior to the meeting. (b) (1) Upon notification by the regional center, the regional resource development project shall immediately conduct an assessment of the situation that includes all of the following: (A) Visiting the consumer, if appropriate. (B) Determining barriers to successful community inclusion. (C) Providing recommendations on the most appropriate means necessary to assist the consumer to reside in the most inclusive living arrangement. (2) The regional center shall immediately request assistance from the statewide specialized resource service established pursuant to Section 4418.25 in order to determine the most appropriate means necessary to assist the consumer to reside in the most inclusive living arrangement and shall provide the information obtained from the statewide specialized resource service to the regional resource development project. If, based on the assessment required by paragraph (1), the regional resource development project determines that additional or different services and supports are necessary, the regional center shall provide those services and supports on an emergency basis. (3) An individual program plan meeting, including the regional resource development project’s representative, if necessary, shall be convened as soon as possible to review the emergency services and supports required by the consumer and to determine the consumer’s ongoing needs for services and supports. The regional resource development project shall follow up with the regional center as to the success of the recommended interventions until the consumer’s living arrangement is stable. (c) (1) If the regional resource development project determines, based on the assessment conducted pursuant to subdivision (b), that the consumer referred to the regional resource development project by the court cannot be safely served in a complex needs home, the department shall notify the court of that determination in writing and shall continue to work jointly with the regional center to identify or develop alternative services and supports and implement the alternative services and supports that are identified or developed. (2) (A) If the regional resource development project, in consultation with the regional center, the consumer, and, when appropriate, the consumer’s parents, legal guardian, conservator, or authorized representative, determines that admission to a complex needs home is necessary due to an acute crisis and the director of the department or their designee has approved that admission, the regional center shall immediately pursue a court order for short-term admission and crisis stabilization pursuant to Section 6506. (B) A determination that admission to a complex needs home is necessary due to an acute crisis shall not be made until the regional center completes a report that includes all of the community-based services and supports considered, including, but not limited to, a community crisis home certified pursuant to Article 8 (commencing with Section 4698) of Chapter 6 of Division 4.5, a supported living arrangement pursuant to Section 4689, including rental subsidies described in subdivision (i) of that section, environmental accessibility adaptions or other home modifications, supplemental services and emergency and crisis intervention services described in subdivision (a) of Section 4648, whether rate adjustments are necessary to secure the services and supports considered, and the reasons those options will not meet the consumer’s needs. (C) For purposes for the report described in subparagraph (B), a regional center shall not be required to consider out-of-state placements or mental health facilities, including institutions for mental disease, as described in Part 5 (commencing with Section 5900) of Division 5, that are ineligible for federal Medicaid funding. (d) For purposes of this section, out-of-state placements or mental health facilities and other facilities, including institutions for mental disease, as described in Part 5 (commencing with Section 5900) of Division 5, for which federal Medicaid funding is not available, shall not be deemed to be supplemental services or emergency and crisis intervention services under subdivision (a) of Section 4648. (e) An admission of an adolescent or adult with complex needs to a complex needs home due to an acute crisis shall meet all of the following requirements: (1) An initial court commitment pursuant to this section shall not exceed six months. As soon as possible following admission to a complex needs home, a comprehensive assessment shall be completed by the regional center in coordination with the regional resource development project and the complex needs service staff. The comprehensive assessment shall include an identification of the services and supports needed for crisis stabilization and the timeline for identifying or developing the services and supports needed to transition the consumer back to a non-crisis community setting. Upon completion of the assessment, the regional center shall submit a copy of the assessment to the committing court. (2) Immediately following the assessment, and not later than 30 days following admission, the regional center and the complex needs home shall jointly convene an individual program plan meeting to determine the services and supports needed for crisis stabilization and to develop a plan to transition the consumer back to community living pursuant to Section 4418.3. The clients’ rights advocate for the regional center shall be notified of the consumer’s admission and the time, date, and place of the individual program plan meeting and may participate in the meeting unless the consumer objects on their own behalf. (3) If transition back to the community is not expected to be achieved within 180 days of admission, an individual program plan meeting shall be held to discuss the status of the transition and to determine if the consumer is still in need of crisis stabilization. If crisis services continue to be necessary, the regional center shall submit to the department an updated transition plan and a request for an extension of the consumer’s stay at the complex needs home for a period not to exceed 180 days. A consumer may reside in a complex needs home for up to one year, after which the consumer shall transition into a community living arrangement pursuant to Section 4418.3. (4) (A) Notwithstanding paragraph (3), a consumer may continue to reside in a complex needs home for a period not to exceed 18 months if all of the following conditions are met: (i) After an additional comprehensive assessment by the regional center, the department determines that the consumer requires continued placement in a complex needs home. (ii) An individual program plan is developed that identifies the specific services and supports necessary for the consumer to transition back into the community and includes a timeline to obtain those supports and services. (iii) The committing court has reviewed and, if appropriate, extended the commitment. (B) The clients’ rights advocate for the regional center shall be notified of any proposed extension under subparagraph (A). The clients’ rights advocate shall also be notified of the time, date, and place of any individual program plan meeting to consider the extension and may participate in the meeting unless the consumer objects on their own behalf. (5) Notwithstanding paragraph (4), the regional center may request, and the committing court may grant, an additional extension of a consumer’s commitment, not to exceed 90 days, if both of the following conditions are met: (A) The regional center has demonstrated significant progress towards implementing the individual program plan required by clause (ii) of subparagraph (A) of paragraph (4). (B) Extraordinary circumstances exist beyond the regional center’s control that prevent the regional center from obtaining the services and supports required by the consumer according to the timeline included in the individual program plan. (6) A consumer who transitions into the community after admission to a complex needs home pursuant to this section shall be considered to have complex needs for purposes of Section 4640.6. (f) Consumers with complex needs may participate in day, work, educational, and recreational programs when the individual program plan identifies it is appropriate and consistent with the individual’s treatment plan. The complex needs homes shall assist the consumer with transitioning back to their prior residence, or an alternative community-based residential setting, within the timeframe described in this section. (g) (1) The department may execute leases, lease-purchases, or leases with the option to purchase for real property necessary for the establishment or maintenance of homes to serve as complex needs homes. (2) A complex needs home shall not be established or maintained in an existing building on the grounds of a developmental center described in Section 7505 that, at any point prior to June 30, 2023, had been licensed as a skilled nursing facility, intermediate care facility, or general acute care hospital, or was otherwise used for the purpose of the treatment or residential placement of consumers. (h) For purposes of this section, the following definitions shall apply: (1) “Acute crisis” means a circumstance that necessitates the admission of a consumer to a complex needs home due to the existence of both of the following conditions: (A) There is imminent risk for substantial harm to the consumer or others. (B) Existing services and supports available to the consumer in the community, including supplemental services and emergency and crisis intervention services provided pursuant to subdivision (a) of Section 4648, are insufficient and a more specialized environment for crisis stabilization is required to meet the consumer’s needs. (2) “Complex needs” means the concurrent dual diagnosis of an intellectual or developmental disability and a mental health disorder. (3) “Complex needs home” means a property operated by the department and designated to provide Stabilization, Training, Assistance and Reintegration (STAR) services for complex needs. (4) “Containment” has the same meaning as that term is defined in Section 59000 of Title 17 of the California Code of Regulations. (5) “Emergency intervention” has the same meaning as that term is defined in Section 59000 of Title 17 of the California Code of Regulations. (6) “Prone restraint” has the same meaning as that term is defined in Section 59000 of Title 17 of the California Code of Regulations. (7) “Physical restraint” has the same meaning as that term is defined in Section 59000 of Title 17 of the California Code of Regulations. (8) “Seclusion” has the same meaning as that term is defined in Section 59000 of Title 17 of the California Code of Regulations. (i) Notwithstanding any other law or regulation, a complex needs home shall not utilize any of the following interventions: (1) A prone restraint. (2) A physical restraint or containment procedure, unless the consumer presents an imminent risk of serious physical harm to themselves or others that cannot be prevented using a less restrictive technique. In no circumstance shall a complex needs home utilize an emergency intervention technique that obstructs a consumer’s respiratory airway or impairs the consumer’s breathing or respiratory capacity. (3) Seclusion. (4) The emergency interventions described in Section 85102 of Title 22 of the California Code of Regulations. (5) Psychotropic or behavior-modifying medications used to control behavior or to restrict the person’s freedom of movement if that medication is not a standard treatment for the person’s individualized medical or psychiatric condition. (Amended by Stats. 2024, Ch. 80, Sec. 130. (SB 1525) Effective January 1, 2025.)
  195. 4419.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4400 - 4437] ( Part 1 added by Stats. 1977, Ch. 1252. )

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    The department is to require personnel who work directly with patients to complete training on care and treatment, within available funds.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4400 - 4437] ( Part 1 added by Stats. 1977, Ch. 1252. ) ## 4419. Within the limits of available funds it is the intent of the Legislature that the department shall require all personnel working directly with patients to complete, within a reasonable time after the effective date of this section or after their appointments, whichever is later, or have completed, training with regard to the care and treatment of such patients. (Added by Stats. 1977, Ch. 1252.)
  196. 4420.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4400 - 4437] ( Part 1 added by Stats. 1977, Ch. 1252. )

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    The department must negotiate with specified schools and hospitals to help ensure enough qualified staff, and it may arrange training affiliations, contracts, grants, stipends, and intern or resident positions.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4400 - 4437] ( Part 1 added by Stats. 1977, Ch. 1252. ) ## 4420. In order to assure an adequate number of qualified psychiatric technicians, psychiatrists, physicians and surgeons, psychologists, nurses, social workers, laboratory and other technicians, and ancillary workers, the department shall negotiate with any or all of the following: the University of California, the state colleges, the community colleges, private universities and colleges, and public and private hospitals, and arrange such affiliations or make such contracts for educational or training programs and awards training grants or stipends as may be necessary. Arrangements may be made in the hospitals and clinics operated by the department for the clinical experience essential to such educational and training programs, and positions in the department as interns and residents may be established. (Amended by Stats. 1979, Ch. 373.)
  197. 4421.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4400 - 4437] ( Part 1 added by Stats. 1977, Ch. 1252. )

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    The State Department of Developmental Services must work with listed education bodies to plan training programs for psychiatrists and psychologists with forensic skills.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4400 - 4437] ( Part 1 added by Stats. 1977, Ch. 1252. ) ## 4421. In order to assure an adequate number of qualified psychiatrists and psychologists with forensic skills, the State Department of Developmental Services shall plan with the University of California, private universities, and the California Postsecondary Education Commission, for the development of programs for the training of psychiatrists and psychologists with forensic skills. (Added by Stats. 1977, Ch. 1252.)
  198. 4422.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4400 - 4437] ( Part 1 added by Stats. 1977, Ch. 1252. )

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    The department may inspect covered facilities and records, and people connected with them must provide information and access for the inspection. Suspected licensing violations found during the inspection must be reported immediately to the appropriate state department.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4400 - 4437] ( Part 1 added by Stats. 1977, Ch. 1252. ) ## 4422. The department may examine all public and private hospitals, boarding homes or other establishments whether or not licensed by the department, receiving or caring for developmentally disabled persons and may inquire into their methods of government, and the treatment of all patients thereof. It may examine the condition of all buildings, grounds, or other property connected with such institutions, and may inquire into all matters relating to their management. For the purposes specified in this paragraph the department shall have free access to the grounds, buildings, and books and papers of any such institution, and every person connected therewith shall give such information and afford such facilities for examination or inquiry as the department requires. Any evidence found of suspected licensing violations shall be reported immediately to the State Department of Health Services or the State Department of Social Services, whichever has jurisdiction. (Amended by Stats. 1978, Ch. 432.)
  199. 4423.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4400 - 4437] ( Part 1 added by Stats. 1977, Ch. 1252. )

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    People confined in places where a developmentally disabled person may be involuntarily held must be allowed to access, examine, or inspect copies of this code.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4400 - 4437] ( Part 1 added by Stats. 1977, Ch. 1252. ) ## 4423. In every place in which a developmentally disabled person may be involuntarily held, the persons confined therein shall be permitted access to and examination or inspection of copies of this code. (Added by Stats. 1977, Ch. 1252.)
  200. 4424.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4400 - 4437] ( Part 1 added by Stats. 1977, Ch. 1252. )

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    The department must adopt hospital rules, record books, blank clinical forms, and examination questions for employees, officers, and interns.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4400 - 4437] ( Part 1 added by Stats. 1977, Ch. 1252. ) ## 4424. The department shall adopt, for all hospitals, rules and regulations, books of record for all departments, blank forms for clinical records and other purposes, questions for examination of employees, and questions for examination, in all the different branches of medicine and surgery and especially in the subject of diseases affecting the brain and nervous system, of all officers and interns, for the special use of the hospital. (Added by Stats. 1977, Ch. 1252.)

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