Welfare and Institutions Code — Part 28 | WIC — United States — California law | Esheria

Welfare and Institutions Code

Part 28 of 35 · provisions 5,401–5,600

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. 4710.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 7. Appeal Procedure [4700 - 4731] ( Chapter 7 repealed and added by Stats. 1982, Ch. 506, Sec. 2. ) ## ARTICLE 3. Fair Hearing Procedure [4710 - 4714] ( Article 3 added by Stats. 1982, Ch. 506, Sec. 2. )

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    People who disagree with a regional center or state-operated facility decision can request an informal meeting, mediation, and a fair hearing, but the request must be filed within 60 days and usually on the department’s appeal form.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 7. Appeal Procedure [4700 - 4731] ( Chapter 7 repealed and added by Stats. 1982, Ch. 506, Sec. 2. ) ## ARTICLE 3. Fair Hearing Procedure [4710 - 4714] ( Article 3 added by Stats. 1982, Ch. 506, Sec. 2. ) ## 4710.5. (a) Any applicant for or recipient of services, or authorized representative of the applicant or recipient, who is dissatisfied with a decision or action of the regional center or state-operated facility under this division shall, upon filing a request within 60 days after notification of that decision or action, be afforded an opportunity for an informal meeting, a mediation, and a fair hearing. (b) The request for an informal meeting, mediation, or a fair hearing, or any combination thereof, shall be stated in writing on the appeal request form prescribed by the department. (c) If any person makes a request for an informal meeting, mediation, or a fair hearing other than on the appeal request form, the employee of the regional center, department, or the state-operated facility who learns of the request shall provide the person with the appeal request form prescribed by the department and shall assist the person in filling out the form if the person requires or requests assistance. Any employee who willfully fails to comply with this requirement shall be guilty of a misdemeanor. (d) The appeal request form shall be sent to the department unless the department has designated another agency to receive the form. The department or another agency that has been designated to receive the appeal request form shall send an electronic copy of a hearing request to the hearing office and the regional center or state-operated facility responsible for the action described in subdivision (a) within one business day of the department’s or designated agency’s receipt of the request. The department shall maintain information regarding all hearing request forms. (e) This section shall become operative on March 1, 2023. (Repealed (in Sec. 40) and added by Stats. 2022, Ch. 49, Sec. 41. (SB 188) Effective June 30, 2022. Operative March 1, 2023, by its own provisions.)
  2. 4710.6.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 7. Appeal Procedure [4700 - 4731] ( Chapter 7 repealed and added by Stats. 1982, Ch. 506, Sec. 2. ) ## ARTICLE 3. Fair Hearing Procedure [4710 - 4714] ( Article 3 added by Stats. 1982, Ch. 506, Sec. 2. )

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    If an informal meeting is requested, the regional center or state-operated facility and the claimant must set the meeting date, time, and place within 10 days, unless the claimant asks for a continuance.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 7. Appeal Procedure [4700 - 4731] ( Chapter 7 repealed and added by Stats. 1982, Ch. 506, Sec. 2. ) ## ARTICLE 3. Fair Hearing Procedure [4710 - 4714] ( Article 3 added by Stats. 1982, Ch. 506, Sec. 2. ) ## 4710.6. (a) (1) Upon receipt of an appeal request form requesting an informal meeting, the regional center or state-operated facility and the claimant shall determine a mutually agreed-upon date, time, and place for the meeting to be held, which shall be within 10 days of the date the department, or another agency designated by the department, receives the request, or unless the claimant requests a continuance. (2) A place pursuant to paragraph (1) may include an agreement of the parties to conduct the informal meeting by telephone, videoconference, or other electronic means. (b) The regional center or state-operated facility shall notify the claimant and their authorized representative in writing and in their preferred language of the mutually agreed-upon date, time, and place for the informal meeting. (c) A written notification of rights specified in Section 4701 shall be provided to the claimant unless the regional center or state-operated facility provided the required written notification of those rights with the notice required by Section 4710. (d) This section shall become operative on March 1, 2023. (Repealed (in Sec. 42) and added by Stats. 2022, Ch. 49, Sec. 43. (SB 188) Effective June 30, 2022. Operative March 1, 2023, by its own provisions.)
  3. 4710.7.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 7. Appeal Procedure [4700 - 4731] ( Chapter 7 repealed and added by Stats. 1982, Ch. 506, Sec. 2. ) ## ARTICLE 3. Fair Hearing Procedure [4710 - 4714] ( Article 3 added by Stats. 1982, Ch. 506, Sec. 2. )

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    The informal meeting must be conducted by the regional center or state-operated facility director or their designee, who must give a written decision notice within five days and include specified findings and references in the decision.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 7. Appeal Procedure [4700 - 4731] ( Chapter 7 repealed and added by Stats. 1982, Ch. 506, Sec. 2. ) ## ARTICLE 3. Fair Hearing Procedure [4710 - 4714] ( Article 3 added by Stats. 1982, Ch. 506, Sec. 2. ) ## 4710.7. (a) The purpose of the informal meeting is to attempt to resolve the issue or issues that are the subject of the appeal request informally prior to a mediation or fair hearing. (b) The informal meeting shall be conducted by the regional center or state-operated facility director or their designee. The regional center or state-operated facility director or their designee shall notify the applicant or recipient and their authorized representative of the decision from the informal meeting in writing within five days of the meeting. (c) The written decision of the regional center or state-operated facility director or their designee shall: (1) Identify the issues presented by the appeal. (2) Rule on each issue identified. (3) State the facts supporting each ruling. (4) Identify the specific laws, regulations, and policies upon which each ruling is based. (5) Be provided in the preferred language of the applicant or recipient, or their authorized representative. (d) This section shall become operative on March 1, 2023. (Repealed (in Sec. 44) and added by Stats. 2022, Ch. 49, Sec. 45. (SB 188) Effective June 30, 2022. Operative March 1, 2023, by its own provisions.)
  4. 4710.8.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 7. Appeal Procedure [4700 - 4731] ( Chapter 7 repealed and added by Stats. 1982, Ch. 506, Sec. 2. ) ## ARTICLE 3. Fair Hearing Procedure [4710 - 4714] ( Article 3 added by Stats. 1982, Ch. 506, Sec. 2. )

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    At an informal meeting, the claimant has the rights stated in Section 4701, the meeting must be in English, and an interpreter must be provided if needed; the regional center or state-operated facility must pay the interpreter cost.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 7. Appeal Procedure [4700 - 4731] ( Chapter 7 repealed and added by Stats. 1982, Ch. 506, Sec. 2. ) ## ARTICLE 3. Fair Hearing Procedure [4710 - 4714] ( Article 3 added by Stats. 1982, Ch. 506, Sec. 2. ) ## 4710.8. (a) At an informal meeting, the claimant shall have the rights stated pursuant to Section 4701. (b) An informal meeting shall be held consistent with Section 4710.6. (c) An informal meeting shall be conducted in the English language. However, if the preferred language of the claimant or the authorized representative is not English, an interpreter shall be provided. Any cost of an interpreter shall be borne by the regional center or state-operated facility. (d) This section shall become operative on March 1, 2023. (Repealed (in Sec. 46) and added by Stats. 2022, Ch. 49, Sec. 47. (SB 188) Effective June 30, 2022. Operative March 1, 2023, by its own provisions.)
  5. 4710.9.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 7. Appeal Procedure [4700 - 4731] ( Chapter 7 repealed and added by Stats. 1982, Ch. 506, Sec. 2. ) ## ARTICLE 3. Fair Hearing Procedure [4710 - 4714] ( Article 3 added by Stats. 1982, Ch. 506, Sec. 2. )

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    After an informal meeting, a claimant who agrees with all or part of the decision must withdraw the appeal request for those matters. The center or facility must send the withdrawal and decision to the department and hearing office, and there are timing rules for moving to mediation or a fair hearing.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 7. Appeal Procedure [4700 - 4731] ( Chapter 7 repealed and added by Stats. 1982, Ch. 506, Sec. 2. ) ## ARTICLE 3. Fair Hearing Procedure [4710 - 4714] ( Article 3 added by Stats. 1982, Ch. 506, Sec. 2. ) ## 4710.9. (a) If, after the informal meeting, the claimant or their authorized representative is satisfied with all or part of the decision of the regional center or state-operated facility, they shall withdraw the request for an appeal on the matter or matters that have been decided to their satisfaction. The decision of the regional center or state-operated facility shall go into effect 10 days after the receipt of the full or partial withdrawal of the request for an appeal on those matters. The regional center or state-operated facility shall immediately forward a copy of the full or partial withdrawal, including a copy of the written decision, to the department and to the hearing office. (b) If the claimant or their authorized representative is dissatisfied with all or part of the decision of the regional center or state-operated facility, the regional center or state-operated facility shall immediately notify the department and the hearing office that the appeal request has not been withdrawn. (c) (1) If a claimant or their authorized representative has not advised the regional center or state-operated facility whether they want to proceed to a mediation or fair hearing within three days of receiving the informal meeting decision, they may do so at a later date. (2) A decision to proceed to a mediation or fair hearing that is made more than three days after receiving the informal meeting decision shall be considered a waiver of their Medicaid home and community-based services right to a hearing decision within 90 days of the date the original request was received by the department. (3) Services provided pursuant to a recipient’s individual program plan during the appeal shall end as specified in Section 4715. (4) Sixty days after receiving the informal meeting decision, the appeal shall be considered withdrawn if the claimant or their authorized representative has not advised the regional center or state-operated facility of their intent to proceed to a mediation or fair hearing. (d) A recommendation for consolidation pursuant to Section 4712.2 to the hearing office may be made at this time. (e) This section shall become operative on March 1, 2023. (Repealed (in Sec. 48) and added by Stats. 2022, Ch. 49, Sec. 49. (SB 188) Effective June 30, 2022. Operative March 1, 2023, by its own provisions.)
  6. 4711.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 7. Appeal Procedure [4700 - 4731] ( Chapter 7 repealed and added by Stats. 1982, Ch. 506, Sec. 2. ) ## ARTICLE 3. Fair Hearing Procedure [4710 - 4714] ( Article 3 added by Stats. 1982, Ch. 506, Sec. 2. )

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    When an appeal request asks for mediation or a fair hearing, the hearing office must promptly give written notice to the claimant, the claimant’s authorized representative, and the regional center or state-operated facility director.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 7. Appeal Procedure [4700 - 4731] ( Chapter 7 repealed and added by Stats. 1982, Ch. 506, Sec. 2. ) ## ARTICLE 3. Fair Hearing Procedure [4710 - 4714] ( Article 3 added by Stats. 1982, Ch. 506, Sec. 2. ) ## 4711. (a) Upon receipt of an appeal request form requesting mediation or a fair hearing, the hearing office shall immediately notify the claimant and the claimant’s authorized representative, in their preferred language, and the regional center or state-operated facility director in writing of all the following information applicable to mediation and fair hearings: (1) (A) The time, place, and date of the mediation or fair hearing, as applicable. (B) A place pursuant to paragraph (1) may include an agreement of the parties, or an order by a hearing officer, following a finding of good cause, to conduct the mediation or hearing by telephone, videoconference, or other electronic means. (2) The rights of the parties at the mediation or fair hearing pursuant to Section 4701 or 4711.5, as applicable. (3) The availability of advocacy assistance pursuant to paragraph (5) of subdivision (a) of Section 4701. (4) As applicable, contact information for persons or offices to conduct mediation or fair hearings, and to receive requests for continuance or consolidation. (5) The rights and responsibilities of the parties established pursuant to Sections 4711.5 and 4712. (b) This section shall become operative on March 1, 2023. (Repealed (in Sec. 50) and added by Stats. 2022, Ch. 49, Sec. 51. (SB 188) Effective June 30, 2022. Operative March 1, 2023, by its own provisions.)
  7. 4711.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 7. Appeal Procedure [4700 - 4731] ( Chapter 7 repealed and added by Stats. 1982, Ch. 506, Sec. 2. ) ## ARTICLE 3. Fair Hearing Procedure [4710 - 4714] ( Article 3 added by Stats. 1982, Ch. 506, Sec. 2. )

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    This section sets the mediation process for certain appeals, including prompt notice, a 30-day mediation timeline, mediator qualification and impartiality rules, limited confidential discussions, disqualification procedures, and when parties may withdraw and move to a fair hearing.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 7. Appeal Procedure [4700 - 4731] ( Chapter 7 repealed and added by Stats. 1982, Ch. 506, Sec. 2. ) ## ARTICLE 3. Fair Hearing Procedure [4710 - 4714] ( Article 3 added by Stats. 1982, Ch. 506, Sec. 2. ) ## 4711.5. (a) Upon receipt of an appeal request form requesting mediation, the hearing office shall promptly notify the claimant and their authorized representative, in their preferred language, and the regional center or state-operated facility, of the information applicable to mediation. (b) (1) The mediation shall be held within 30 days of the date the appeal request form is received by the department or by another agency designated by the department to receive the appeal request form, or unless a continuance is requested and granted to the claimant at the discretion of the mediator. (2) A continuance granted pursuant to paragraph (1) shall constitute a waiver of a Medicaid home and community-based services participant’s right to a decision within 90 days of the date the appeal request form is received by the department or by another agency designated by the department to receive the appeal request form. The extension of time for the final decision resulting from the continuance shall be only as long as the time period of the continuance. (c) Mediation shall be conducted in an informal, nonadversarial manner, and shall incorporate the rights of the claimant contained in paragraph (8) of subdivision (a) of Section 4701. (d) Mediators shall meet both of the following requirements: (1) Familiarity with the provisions of this division and implementing regulations, and familiarity with the process of reconciling differences in a nonadversarial, informal manner. (2) The person is not in the business of providing or supervising services provided to regional centers or to regional center applicants or recipients. (e) During the course of the mediation, the mediator may meet separately with the participants to the mediation, and may speak with any party or parties confidentially in an attempt to assist the parties to reach a resolution that is acceptable to all parties. (f) The mediator shall voluntarily disqualify themselves and withdraw from any case in which the mediator cannot be fair and impartial. Any party may request the disqualification of the mediator by filing an affidavit, prior to the mediation, stating the specific grounds upon which it is claimed that a fair and impartial mediation cannot be held. The issue shall be decided by the mediator. (g) Either the regional center or state-operated facility or the claimant or their authorized representative may withdraw from mediation at any time after the conclusion of the first mediation session, as that time is established by the mediator, and proceed to a fair hearing, if a fair hearing has been requested by the claimant. (h) This section shall become operative on March 1, 2023. (Repealed (in Sec. 52) and added by Stats. 2022, Ch. 49, Sec. 53. (SB 188) Effective June 30, 2022. Operative March 1, 2023, by its own provisions.)
  8. 4711.7.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 7. Appeal Procedure [4700 - 4731] ( Chapter 7 repealed and added by Stats. 1982, Ch. 506, Sec. 2. ) ## ARTICLE 3. Fair Hearing Procedure [4710 - 4714] ( Article 3 added by Stats. 1982, Ch. 506, Sec. 2. )

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    This section sets the steps after mediation in a fair hearing process: the mediator must issue and send written resolution documents, and unresolved matters may continue to a fair hearing at the claimant’s request.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 7. Appeal Procedure [4700 - 4731] ( Chapter 7 repealed and added by Stats. 1982, Ch. 506, Sec. 2. ) ## ARTICLE 3. Fair Hearing Procedure [4710 - 4714] ( Article 3 added by Stats. 1982, Ch. 506, Sec. 2. ) ## 4711.7. (a) If the issue or issues involved in the mediation are resolved or partially resolved to the satisfaction of both parties, the mediator shall prepare a written resolution. Agreement of the claimant or their authorized representative to the written resolution shall be accompanied by a withdrawal or partial withdrawal, in writing, of any fair hearing request. The written resolution shall go into effect 10 days after receipt of the claimant’s agreement to the written resolution. The mediator shall promptly forward a copy of the written resolution and any full or partial withdrawal of a fair hearing request to the hearing office. (b) If the mediation fails to resolve an issue or issues to the satisfaction of the claimant, or their authorized representative, the matter shall, at the claimant’s request, proceed to a fair hearing with respect to the unresolved issue or issues as provided under this chapter. (c) The mediator, after the conclusion of the mediation, shall promptly notify the hearing office, department, claimant and their authorized representative, and regional center of the outcome of the mediation and whether or not the claimant wants to proceed to a fair hearing. If the claimant or their authorized representative has not indicated whether they want to proceed to a fair hearing, the matter shall be taken off the calendar and continued until the time that the claimant requests a hearing or withdraws the hearing request. The continuance shall be considered a waiver of their Medicaid home- and community-based waiver services right to a hearing decision within 90 days of the date the original request was received by the department. (d) Services provided pursuant to a recipient’s individual program plan during the appeal shall end as specified in Section 4715. (e) Sixty days after the mediator’s notice of the outcome of the mediation, the appeal shall be considered withdrawn if the claimant or their authorized representative has not indicated their intent to proceed to a fair hearing. (f) This section shall become operative on March 1, 2023. (Repealed (in Sec. 54) and added by Stats. 2022, Ch. 49, Sec. 55. (SB 188) Effective June 30, 2022. Operative March 1, 2023, by its own provisions.)
  9. 4712.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 7. Appeal Procedure [4700 - 4731] ( Chapter 7 repealed and added by Stats. 1982, Ch. 506, Sec. 2. ) ## ARTICLE 3. Fair Hearing Procedure [4710 - 4714] ( Article 3 added by Stats. 1982, Ch. 506, Sec. 2. )

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    This section sets procedures and deadlines for fair hearings, including continuances, disclosure, impartial hearing officers, translation, and recording.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 7. Appeal Procedure [4700 - 4731] ( Chapter 7 repealed and added by Stats. 1982, Ch. 506, Sec. 2. ) ## ARTICLE 3. Fair Hearing Procedure [4710 - 4714] ( Article 3 added by Stats. 1982, Ch. 506, Sec. 2. ) ## 4712. (a) (1) The fair hearing shall be held within 50 days of the date the appeal request form is received by the department or other agency designated by the department to receive appeal request forms, unless a continuance is granted to the claimant. A claimant’s first request for a continuance made prior to the commencement of the hearing shall be granted without a showing of good cause. A claimant may request additional continuances based on a showing of good cause. A claimant’s request for a continuance shall result in a waiver of the claimant’s Medicaid home and community-based services right to a decision within 90 days of the date the appeal request form is received. (2) The regional center or state-operated facility also may request a continuance based upon a showing of good cause, provided that the granting of the continuance does not extend the time period for rendering a final administrative decision beyond the 90-day period provided for in this chapter. For purposes of this section, good cause for either party includes, but is not limited to, the following circumstances: (A) Death of a spouse, parent, child, brother, sister, or grandparent of the claimant or authorized representative, or of the regional center or state-operated facility representative. (B) Personal illness or injury of the claimant or authorized representative, or of the regional center or state-operated facility representative. (C) Sudden and unexpected emergencies, including, but not limited to, court appearances or conflicting schedules if the conflict is beyond the control of the claimant, authorized representative, or regional center or state-operated facility representative. (D) Unavailability of a witness or evidence, the absence of which would result in serious prejudice to the claimant or the regional center or state-operated facility. (E) An intervening request for mediation by the claimant or the claimant’s authorized representative. (b) (1) Notwithstanding Sections 19130, 19131, and 19132 of the Government Code, the department shall contract for the provision of independent hearing officers. Hearing officers shall have had at least two years of full-time legal training at a California or American Bar Association accredited law school or the equivalent in training and experience as established by regulations adopted by the department. (2) Hearing officers shall receive training and information in the law and regulations governing services to people with intellectual and developmental disabilities and administrative hearings. Training shall include, but not be limited to, the Lanterman Developmental Disabilities Services Act and regulations adopted thereunder, relevant written directives and guidance issued by the department, relevant case law, information about services and supports available to persons with developmental disabilities, including innovative services and supports, the standard agreement contract between the department and regional centers, and regional center purchase-of-service policies. The training shall include methods to create an impartial and informal hearing environment that encourages the free and open exchange of information and engages the parties to bring out relevant facts, protecting the rights of claimants at fair hearings, with emphasis on assisting, if appropriate, an unrepresented claimant, family member, authorized representative, or advocate inexperienced in administrative hearings in fully developing the administrative record. The training also shall include information about disabilities and disability-related supports that may enable participation in a hearing, and reasonable accommodations to reduce barriers. (3) The department and the hearing office shall seek the advice of stakeholders, including recipients and family members representing diverse disabilities and backgrounds, the State Council on Developmental Disabilities, the protection and advocacy agency identified in Division 4.7 (commencing with Section 4900) and designated by the Governor in this state to fulfill the requirements and assurances of the federal Developmental Disabilities Assistance and Bill of Rights Act of 2000, contained in Chapter 144 (commencing with Section 15001) of Title 42 of the United States Code, the Association of Regional Center Agencies, advocacy organizations, and other state agencies or organizations in the development of standardized hearing procedures for hearing officers and training materials and the implementation of training procedures by the department. The department shall provide formal training for hearing officers on at least an annual basis. (c) The hearing officer shall not be an employee, agent, board member, or contractor of the regional center or state-operated facility against whose action the appeal has been filed, or a spouse, parent, child, brother, sister, grandparent, legal guardian, or conservator of the claimant, or any person who has a direct financial interest in the outcome of the fair hearing, or any other interest that would preclude a fair and impartial hearing. (d) (1) The regional center or state-operated facility shall prepare a position statement and send it electronically to the hearing office and the claimant, unless the claimant has communicated an alternative way to receive the document, at least two business days prior to the hearing. The position statement shall summarize the facts of the case and set forth the justification of the regional center’s or state-operated facility’s action and shall include a list of witnesses that it intends to call during the hearing, the general subject of the testimony of each witness, and copies of all documentary evidence that it intends to use. (A) If the preferred language of the claimant or their authorized representative is not English, the regional center also shall provide a copy of the position statement in their preferred language. (B) If the regional center or state-operated facility cannot provide a copy of the position statement in the preferred language of the claimant or their authorized representative two business days prior to the hearing, the regional center or state-operated facility shall notify the claimant or their authorized representative, provide a copy of the position statement in English, and apply for a continuance of the hearing accompanied by evidence of its efforts to translate the position statement. (C) The hearing officer shall, unless the claimant or their authorized representative indicates they want to proceed to hearing, continue the hearing for no more than 10 days following a determination that the regional center or state-operated facility has provided satisfactory evidence of its efforts to translate the position statement. The translated position statement shall be provided at least two business days prior to the continued hearing. (2) At least two business days prior to the hearing, a claimant who is not represented by an attorney licensed to practice law in California shall make available to the regional center or state-operated facility and the hearing office a list of intended witnesses and a brief description of their relationship to the claimant and copies of any professional assessments or reports related to eligibility or services that the claimant intends to use at hearing. At or before the hearing, the claimant also shall make available to the regional center or state-operated facility and the hearing office copies of all other intended documentary evidence. (3) If the claimant is represented by, or is, an attorney licensed to practice law in California, the claimant’s attorney shall prepare a position statement and make it available to the regional center or state-operated facility and the hearing office at least two business days prior to the hearing. The position statement shall summarize the facts of the case and set forth the justification for the claimant’s position and shall include a list of intended witnesses, the general subject of the testimony of each witness, and copies of all documentary evidence intended to be used. (4) (A) The hearing officer may prohibit testimony of a witness or the introduction of documents that have not been disclosed. However, the hearing officer may allow introduction of documents or witness testimony in the interest of justice. (B) In considering an unrepresented claimant’s failure to disclose testimony or documents, the hearing officer also may consider the claimant’s understanding of the disclosure requirements, disability factors that made it difficult for the claimant to comply with the rule, and the impact of excluding testimony or documents on the hearing officer’s ability to assist the parties in bringing out relevant facts. (e) (1) The fair hearing shall be held at a time and place reasonably convenient to the claimant and the authorized representative. The claimant or the authorized representative of the claimant and the regional center shall agree on the place of the fair hearing. (2) A place pursuant to paragraph (1) may include an agreement of the parties, or an order by a hearing officer, following a finding of good cause, to conduct the hearing by telephone, videoconference, or other electronic means. (f) Merits of a pending fair hearing shall not be discussed between the hearing officer and a party outside the presence of the other party. (g) The hearing officer shall voluntarily disqualify themselves and withdraw from any case in which the hearing officer cannot accord a fair and impartial hearing or consideration. Any party may request the disqualification of the hearing officer by filing an affidavit or making an objection on the record, prior to the taking of evidence at a hearing, stating with particularity the grounds upon which it is claimed that a fair and impartial hearing cannot be accorded. The issue shall be decided by the hearing officer and may be reviewed as part of the reconsideration process specified in Section 4713. (h) Both parties to the fair hearing shall have the rights specified in subparagraphs (A) to (C), inclusive, of paragraph (9) of subdivision (a) of Section 4701. (i) (1) The fair hearing shall be conducted in an impartial and informal manner in order to encourage the presentation of information and the free and open discussion by participants. The hearing officer shall make their best effort to fully and fairly develop the record and create an environment in which all relevant facts, both favorable and unfavorable, are brought out and to engage the parties to bring out the facts. (2) The fair hearing need not be conducted according to the technical rules of evidence and those related to witnesses. Any relevant evidence shall be admitted. Both parties shall be allowed to submit documents into evidence at the beginning of the hearing. A party shall not be required to formally authenticate any document unless the hearing officer determines the necessity to do so in the interest of justice. All testimony shall be under oath or affirmation which the hearing officer is empowered to administer. (3) The hearing officer may do any of the following during the hearing to assist in bringing out all relevant facts: (A) Question a witness on the record. (B) Call a witness to testify at the hearing. (C) Hold the record open to allow a party to obtain necessary testimony or documentation identified by the hearing officer during the course of the fair hearing. (j) A regional center or state-operated facility shall present its witnesses and all other evidence before the claimant presents the claimant’s case unless the parties agree otherwise or the hearing officer determines that it is appropriate for a witness to be heard out of order. This section does not alter the burden of proof. (k) A recording shall be made of the proceedings before the hearing officer. Any cost of recording shall be borne by the hearing office. (l) The fair hearing shall be conducted in the English language. However, if the preferred language of the claimant or authorized representative is not English, an interpreter shall be provided by the hearing office. (m) The fair hearing shall be open to the public except at the request of the claimant or authorized representative or when personnel matters are being reviewed. (n) The hearing office awarded the contract for independent hearing officers shall biennially conduct, or cause to be conducted, an evaluation of the hearing officers who conduct hearings under this part. The department shall approve the methodology used to conduct the evaluation. Information and data for this evaluation shall be solicited from recipients or applicants who participated in a fair hearing over the past two years, their family members or authorized representative if involved in the hearing, regional centers, and nonattorney advocates, attorneys who represented either party in a fair hearing over the past two years, and the organizations identified in paragraph (3) of subdivision (b). Regional centers shall forward copies of fair hearing decisions reviewed by the superior court to the department. The areas of evaluation shall include, but not be limited to, the hearing officers’ demeanor toward parties and witnesses, conduct of the hearing in accord with fairness and standards of due process, ability to fairly develop the record in cases in which applicants or recipients represent themselves or are represented by an advocate that does not have significant experience in fair hearings, use of legal authority, clarity of written decisions, and adherence to the requirements of subdivision (c) of Section 4712.5. The department shall be provided with a copy of the evaluation and shall use the evaluation in partial fulfillment of its evaluation of the contract for the provision of independent hearing officers. A summary of the data collected shall be made available to the public upon request, provided that the names of individual hearing officers and the names and other identifiable information about applicants and recipients shall not be disclosed. (o) This section shall become operative on March 1, 2023. (Repealed (in Sec. 56) and added by Stats. 2022, Ch. 49, Sec. 57. (SB 188) Effective June 30, 2022. Operative March 1, 2023, by its own provisions.)
  10. 4712.2.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 7. Appeal Procedure [4700 - 4731] ( Chapter 7 repealed and added by Stats. 1982, Ch. 506, Sec. 2. ) ## ARTICLE 3. Fair Hearing Procedure [4710 - 4714] ( Article 3 added by Stats. 1982, Ch. 506, Sec. 2. )

    Verify source ↗

    Some claimants and certain facilities may ask to consolidate appeals, and the hearing officer may grant consolidation if it would not cause prejudice, undue inconvenience, delay, or a confidentiality violation.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 7. Appeal Procedure [4700 - 4731] ( Chapter 7 repealed and added by Stats. 1982, Ch. 506, Sec. 2. ) ## ARTICLE 3. Fair Hearing Procedure [4710 - 4714] ( Article 3 added by Stats. 1982, Ch. 506, Sec. 2. ) ## 4712.2. (a) Two or more claimants with a common complaint, or their authorized representatives, or a regional center or state-operated facility may request the consolidation of appeals involving a common question of law or fact. The hearing officer may grant the request for consolidation if the hearing officer finds that consolidation would not result in prejudice or undue inconvenience to any party, undue delay, or a violation of any claimant’s right to confidentiality unless the claimant agrees to have otherwise confidential information revealed to other claimants. Requests for consolidation shall be forwarded to the hearing officer and postmarked within five days of the receipt of the notice sent pursuant to Section 4711. The hearing officer shall notify the parties and authorized representatives, if any, of a request for consolidation and shall afford an opportunity for any written objections to be submitted. (b) In all consolidated hearings, each individual claimant shall have all the rights specified in Section 4701. A separate written decision shall be issued to each claimant and respective authorized representatives. (c) This section shall become operative on March 1, 2023. (Repealed (in Sec. 58) and added by Stats. 2022, Ch. 49, Sec. 59. (SB 188) Effective June 30, 2022. Operative March 1, 2023, by its own provisions.)
  11. 4712.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 7. Appeal Procedure [4700 - 4731] ( Chapter 7 repealed and added by Stats. 1982, Ch. 506, Sec. 2. ) ## ARTICLE 3. Fair Hearing Procedure [4710 - 4714] ( Article 3 added by Stats. 1982, Ch. 506, Sec. 2. )

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    This section sets deadlines and procedures for fair hearing decisions, language access, reconsideration, appeal rights, and public posting of redacted decisions.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 7. Appeal Procedure [4700 - 4731] ( Chapter 7 repealed and added by Stats. 1982, Ch. 506, Sec. 2. ) ## ARTICLE 3. Fair Hearing Procedure [4710 - 4714] ( Article 3 added by Stats. 1982, Ch. 506, Sec. 2. ) ## 4712.5. (a) (1) Within 10 business days of the concluding day of the fair hearing, but not later than 80 days following the date the appeal request form was received by the department or by another agency designated by the department to receive the appeal request form, the hearing officer shall render any final written decision delegated by subdivisions (d) and (e) and shall transmit the decision to each party, to the director of the hearing office, and the department, along with notification that this is the final administrative decision, that each party shall be bound thereby, and that either party may request a reconsideration pursuant to subdivision (b) of Section 4713 within 15 days of receiving the decision or appeal the decision to a court of competent jurisdiction within 180 days of receiving the final decision. (2) Within 10 days of the concluding day of the fair hearing, but not later than 60 days following the date the appeal request form was received by the department or by another agency designated by the department to receive the appeal request form, the hearing officer shall render any proposed written decision as allowed by subdivisions (d) and (e) and shall electronically transmit the decision to the applicable departments identified in subdivisions (d) and (e). (b) A continuance granted to a claimant shall constitute a waiver of their Medicaid home- and community-based services right to a decision within 90 days of the date the appeal request form is received by the department or by another agency designated by the department to receive the appeal request form. The extension of time for the final decision resulting from the continuance shall be only as long as the time period of the continuance. (c) (1) The hearing officer’s decision shall be in ordinary and concise language and shall contain a summary of the facts, a statement of the evidence from the proceedings that was relied upon, a decision on each of the issues presented, and an identification of the statutes, regulations, and policies supporting the decision. (2) If the claimant’s or their authorized representative’s preferred language is not English, the hearing office shall provide the proposed or final written decision in English and in their preferred language. (d) (1) In addition to any other delegation of authority granted to the Director of Health Care Services, the director may delegate their authority to adopt final decisions under this chapter to the hearing officers described in subdivision (b) of Section 4712 to the extent deemed appropriate by the director. Any delegation shall be stated in writing. (2) If the decision involves an issue arising from the federal Medicaid home- and community-based services waiver program, the hearing officer’s decision shall be a proposed decision submitted to the Director of Health Care Services as the single state agency for the Medicaid program. Within 90 days following the date the appeal request form is received, the director may adopt the decision as written or decide the matter on the record. If the Director of Health Care Services does not act on the proposed decision within 90 days, the decision shall be deemed to be adopted by the Director of Health Care Services. The final decision shall be immediately transmitted to each party, along with the notice described in paragraph (1) of subdivision (a). If the decision of the Director of Health Care Services differs from the proposed decision of the hearing officer, a copy of that proposed decision shall also be served upon each party. (3) If the claimant’s or their authorized representative’s preferred language is not English, the final administrative hearing decision of the director and the proposed decision of the hearing officer shall be provided to that person in English and in their preferred language. (e) (1) The Director of Developmental Services shall have the authority to review a hearing officer’s proposed decision or to delegate their authority to adopt final decisions to the hearing officers described in subdivision (b) of Section 4712. The authority for hearing officers to adopt final decisions may be made within specified issues or types of cases to the extent deemed appropriate by the director. Any delegation shall be stated in writing. (2) Within 30 days following receipt of the proposed decision, the Director of Developmental Services may adopt the proposed decision as written or decide the matter on the record, including the recording, with or without taking additional evidence. If the director does not act on the proposed decision within the 30 days, the proposed decision shall be deemed to be adopted by the director. The State Department of Developmental Services shall promptly transmit a final decision to each party, along with the notice described in paragraph (1) of subdivision (a). If the final decision of the director differs from the proposed decision of the hearing officer, a copy of the proposed decision also shall be served upon each party. (3) If the claimant’s or their authorized representative’s preferred language is not English, the final hearing decision of the director and the proposed decision of the hearing officer shall be provided to that person in English and in their preferred language. (f) The hearing office shall collect and maintain, or cause to be collected and maintained, redacted copies, that do not include any identifiable information concerning the claimant, of all final administrative hearing decisions issued under this chapter. Hearing decisions shall be searchable by the type of service or support that was the subject of the hearing, by the month and year of issuance, and any other categories identified by the State Department of Developmental Services. The hearing office shall make available to the public on the hearing office’s internet website searchable and downloadable redacted copies of all final administrative hearing decisions. These decisions shall be available no later than 30 days after the date of the final hearing decision. The State Department of Developmental Services shall use this information in partial fulfillment of its obligation to monitor regional centers and in its evaluation of the contract for the provision of independent hearing officers. (g) This section shall become operative on March 1, 2023. (Repealed (in Sec. 60) and added by Stats. 2022, Ch. 49, Sec. 61. (SB 188) Effective June 30, 2022. Operative March 1, 2023, by its own provisions.)
  12. 4713.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 7. Appeal Procedure [4700 - 4731] ( Chapter 7 repealed and added by Stats. 1982, Ch. 506, Sec. 2. ) ## ARTICLE 3. Fair Hearing Procedure [4710 - 4714] ( Article 3 added by Stats. 1982, Ch. 506, Sec. 2. )

    Verify source ↗

    This section gives a party 15 days to ask for correction or reconsideration of a final hearing decision, and sets deadlines for the hearing office or director to respond and notify the parties.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 7. Appeal Procedure [4700 - 4731] ( Chapter 7 repealed and added by Stats. 1982, Ch. 506, Sec. 2. ) ## ARTICLE 3. Fair Hearing Procedure [4710 - 4714] ( Article 3 added by Stats. 1982, Ch. 506, Sec. 2. ) ## 4713. (a) If the final decision is unfavorable to the claimant, and the claimant has been receiving the services that have been the subject of the appeal, the decision shall not be implemented until 15 days after receipt of the final hearing decision by the claimant and the authorized representative, unless a reconsideration is requested within 15 days from the date of the final hearing decision. If a reconsideration is requested, any services shall continue as specified in Section 4715. (b) Within 15 days of the date of the final hearing decision, a party may apply to the hearing office or to the director responsible for issuing the final decision for a correction of a mistake of fact or law, or a clerical error in the decision or in the decision of the hearing officer not to recuse themselves following a request pursuant to subdivision (g) of Section 4712. The party shall state the specific grounds on which the application is made. Notice of the application shall be given to the other parties to the proceeding and to the department. The application is not a prerequisite for seeking judicial review. The other party may file a written statement supporting or opposing the application. (c) The hearing office shall refer the application to a hearing officer who did not write the decision for which reconsideration is requested. (d) Within 15 days of receiving the request, the hearing office or the director responsible for issuing the decision may deny the application, grant the application and modify the decision, or grant the application and set the matter for further proceedings. If further proceedings are authorized, they shall be conducted in the same manner and subject to the same time limits as the original hearing. Within one day of its decision on the application, the hearing office shall notify the parties and the department of its decision on the application. (e) The hearing office or the director responsible for issuing the decision shall, within five business days after correction of a mistake of fact or law or clerical error in the decision, serve a copy of the corrected decision on each party and provide a copy to the State Department of Developmental Services. (f) This section shall become operative on March 1, 2023. (Repealed (in Sec. 63) and added by Stats. 2022, Ch. 49, Sec. 64. (SB 188) Effective June 30, 2022. Operative March 1, 2023, by its own provisions.)
  13. 4713.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 7. Appeal Procedure [4700 - 4731] ( Chapter 7 repealed and added by Stats. 1982, Ch. 506, Sec. 2. ) ## ARTICLE 3. Fair Hearing Procedure [4710 - 4714] ( Article 3 added by Stats. 1982, Ch. 506, Sec. 2. )

    Verify source ↗

    The regional center must implement the final hearing decision within 30 days, or 30 days after reconsideration if one was granted, unless it gives written notice of specific exceptional circumstances and a new implementation date. The claimant or authorized representative may contact the department if dissatisfied, and the department must take appropriate actions to obtain compliance.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 7. Appeal Procedure [4700 - 4731] ( Chapter 7 repealed and added by Stats. 1982, Ch. 506, Sec. 2. ) ## ARTICLE 3. Fair Hearing Procedure [4710 - 4714] ( Article 3 added by Stats. 1982, Ch. 506, Sec. 2. ) ## 4713.5. (a) The regional center shall implement the final hearing decision as soon as practical and not later than 30 days following the date of the final hearing decision, or, if a reconsideration was granted, the regional center shall implement the final corrected decision 30 days following the reconsideration, unless the regional center notifies the claimant and their authorized representative in writing, with a copy to the department, of the specific exceptional circumstances that make it impossible to implement the decision within that timeframe and provides the date when the decision will be implemented. (b) The claimant or authorized representative may contact the department if they are dissatisfied with the regional center’s or the state-operated facility’s compliance with the decision. Upon notification, the department shall take appropriate actions to obtain compliance with the decision. (Added by Stats. 2022, Ch. 49, Sec. 65. (SB 188) Effective June 30, 2022.)
  14. 4714.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 7. Appeal Procedure [4700 - 4731] ( Chapter 7 repealed and added by Stats. 1982, Ch. 506, Sec. 2. ) ## ARTICLE 3. Fair Hearing Procedure [4710 - 4714] ( Article 3 added by Stats. 1982, Ch. 506, Sec. 2. )

    Verify source ↗

    The department must collect appeal information, compile it, post aggregate information online at least annually, notify the Legislature after posting, and must not disclose names or other personally identifiable information.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 7. Appeal Procedure [4700 - 4731] ( Chapter 7 repealed and added by Stats. 1982, Ch. 506, Sec. 2. ) ## ARTICLE 3. Fair Hearing Procedure [4710 - 4714] ( Article 3 added by Stats. 1982, Ch. 506, Sec. 2. ) ## 4714. (a) For each appeal request form submitted pursuant to Section 4710.5, the department shall collect information related to the appeal from regional centers or state-operated facilities in a manner and at times determined by the department. The information collected shall include, but is not limited to, all of the following: (1) Whether the case was resolved before an informal meeting or through an informal meeting. (2) Whether the case was withdrawn and the reason for the withdrawal. (3) Whether an informal meeting was declined. (4) The issue or issues involved in the case by issue type, as specified by the department. (5) If the case was resolved, the resolution outcome. (6) Demographic information, as identified by the department, about the claimants. (7) A copy of the written decision of the regional center director or designee or state-operated facility director or designee. (b) For each appeal request submitted to the hearing office to conduct a mediation or a fair hearing, the department shall collect information relating to the request from the hearing office. The information provided shall include, but is not limited to, all of the following: (1) Whether the request was resolved before mediation, through mediation, through a fair hearing, through a reconsideration, or through a different means. (2) Whether the request was withdrawn and the reason for the withdrawal. (3) The issue or issues involved in the request by issue type, as specified by the department. (4) If the request was resolved, the outcome. (5) A copy of the written mediation agreement, the final administrative hearing decision, and the final reconsideration decision, as applicable. (6) The average length of time between filing and resolution of the request. (7) Demographic information, as identified by the department, about claimants. (c) The information collected pursuant to this section shall be compiled by the department. The department shall post aggregate information on its internet website at least annually and shall notify the Legislature when the information has been posted. The names of recipients and applicants and other personally identifiable information shall not be disclosed. (d) This section shall become operative on March 1, 2023. (Repealed (in Sec. 66) and added by Stats. 2022, Ch. 49, Sec. 67. (SB 188) Effective June 30, 2022. Operative March 1, 2023, by its own provisions.)
  15. 4715.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 7. Appeal Procedure [4700 - 4731] ( Chapter 7 repealed and added by Stats. 1982, Ch. 506, Sec. 2. ) ## ARTICLE 4. Services Pending Final Administrative Decision [4715 - 4717] ( Article 4 added by Stats. 1982, Ch. 506, Sec. 2. )

    Verify source ↗

    If an appeal request is timely filed, existing services generally continue during the appeal process. The section also says a court appeal does not automatically stay enforcement, though a stay may be sought from a court.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 7. Appeal Procedure [4700 - 4731] ( Chapter 7 repealed and added by Stats. 1982, Ch. 506, Sec. 2. ) ## ARTICLE 4. Services Pending Final Administrative Decision [4715 - 4717] ( Article 4 added by Stats. 1982, Ch. 506, Sec. 2. ) ## 4715. (a) Except as provided in this section, if an appeal request is postmarked or received by the department or by another agency designated by the department to receive the appeal request, no later than 30 days after receipt of the notice of the proposed action sent pursuant to subdivision (a) of Section 4710, but no later than the effective date of the action, services that are being provided pursuant to a recipient’s individual program plan shall be continued during the appeals process up to and including the 10th day after receipt of any of the following: (1) Receipt by the regional center or state-operated facility, following an informal meeting, of the withdrawal of the appeal request pursuant to subdivision (a) of Section 4710.9, or the claimant’s receipt of the informal meeting decision if the claimant has not made a decision to withdraw the appeal request or proceed to hearing within three days of receipt of the informal meeting decision pursuant to subdivision (c) of Section 4710.9. (2) Receipt by the regional center or state-operated facility, following mediation, of the withdrawal of the appeal request pursuant to subdivision (a) of Section 4711.7 or the date the hearing office takes the appeal off the calendar if the claimant has not decided to withdraw the appeal request or proceed to the fair hearing pursuant to subdivision (b) of Section 4711.7. (3) Receipt by the recipient of the final administrative hearing decision of the hearing officer or state agency pursuant to subdivision (a), (d), or (e) of Section 4712.5. (4) Receipt by the recipient of the final decision of the hearing officer following a rehearing pursuant to Section 4713 if a rehearing was requested within 15 days from the date of the final administrative hearing decision pursuant to subdivision (a) of Section 4713. (b) Services continued pursuant to subdivision (a) may be modified by agreement of the parties in accordance with the decision of the interdisciplinary team and the individual program plan. (c) Any appeal to a court by either party shall not operate as a stay of enforcement of the final administrative decision, provided that either party may seek a stay of enforcement from any court of competent jurisdiction. (d) This section shall become operative on March 1, 2023. (Repealed (in Sec. 68) and added by Stats. 2022, Ch. 49, Sec. 69. (SB 188) Effective June 30, 2022. Operative March 1, 2023, by its own provisions.)
  16. 4716.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 7. Appeal Procedure [4700 - 4731] ( Chapter 7 repealed and added by Stats. 1982, Ch. 506, Sec. 2. ) ## ARTICLE 4. Services Pending Final Administrative Decision [4715 - 4717] ( Article 4 added by Stats. 1982, Ch. 506, Sec. 2. )

    Verify source ↗

    This section says the appeals chapter does not presume that a person with a developmental disability is incompetent to take part in the appeals procedures.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 7. Appeal Procedure [4700 - 4731] ( Chapter 7 repealed and added by Stats. 1982, Ch. 506, Sec. 2. ) ## ARTICLE 4. Services Pending Final Administrative Decision [4715 - 4717] ( Article 4 added by Stats. 1982, Ch. 506, Sec. 2. ) ## 4716. Nothing in this chapter shall presume the incompetence of any person with a developmental disability to participate in any of the appeals procedures established herein. (Repealed and added by Stats. 1982, Ch. 506, Sec. 2.)
  17. 4717.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 7. Appeal Procedure [4700 - 4731] ( Chapter 7 repealed and added by Stats. 1982, Ch. 506, Sec. 2. ) ## ARTICLE 4. Services Pending Final Administrative Decision [4715 - 4717] ( Article 4 added by Stats. 1982, Ch. 506, Sec. 2. )

    Verify source ↗

    The hearing office, working with the department, must establish and maintain an advisory committee, and the committee must meet at least twice a year.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 7. Appeal Procedure [4700 - 4731] ( Chapter 7 repealed and added by Stats. 1982, Ch. 506, Sec. 2. ) ## ARTICLE 4. Services Pending Final Administrative Decision [4715 - 4717] ( Article 4 added by Stats. 1982, Ch. 506, Sec. 2. ) ## 4717. The hearing office, in collaboration with the department, shall establish and maintain an advisory committee composed of stakeholders including recipients and family members, the State Council on Developmental Disabilities, the protection and advocacy agency identified in Section 4900 et. seq and designated by the Governor to fulfill the requirements and assurances of the federal Developmental Disabilities Assistance and Bill of Rights Act of 2000, contained in Chapter 144 (commencing with Section 15001) of Title 42 of the United States Code, representatives of regional centers, advocacy organizations, and the Association of Regional Center Agencies. The advisory committee shall meet at least semiannually and assist the hearing office by providing nonbinding recommendations for improvements to fair hearing and mediation operations. (Added by Stats. 2022, Ch. 49, Sec. 70. (SB 188) Effective June 30, 2022.)
  18. 4725.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 7. Appeal Procedure [4700 - 4731] ( Chapter 7 repealed and added by Stats. 1982, Ch. 506, Sec. 2. ) ## ARTICLE 5. Access to Records [4725 - 4731] ( Article 5 added by Stats. 1982, Ch. 506, Sec. 2. )

    Verify source ↗

    The section defines “access” to records and lets a regional center or state-operated facility charge only up to the actual cost of copying, unless that would prevent the person from getting a copy; no charge may be made just to search or retrieve a record.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 7. Appeal Procedure [4700 - 4731] ( Chapter 7 repealed and added by Stats. 1982, Ch. 506, Sec. 2. ) ## ARTICLE 5. Access to Records [4725 - 4731] ( Article 5 added by Stats. 1982, Ch. 506, Sec. 2. ) ## 4725. For the purposes of this article: (a) “Access” means the right to inspect, review, and obtain an accurate copy of any record obtained in the course of providing services under this division. A regional center or state-operated facility may make a reasonable charge in an amount not to exceed the actual cost of reproducing the record, unless the imposition of the cost would prohibit the exercise of the right to obtain a copy. A charge shall not be made to search for or retrieve any record. (b) “Record” means any item of information directly relating to a person with developmental disabilities or to one who is believed to have a developmental disability that is maintained by a regional center or state-operated facility, whether recorded by handwriting, print, tapes, film, microfilm, or other means. (Amended by Stats. 2022, Ch. 49, Sec. 71. (SB 188) Effective June 30, 2022.)
  19. 4726.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 7. Appeal Procedure [4700 - 4731] ( Chapter 7 repealed and added by Stats. 1982, Ch. 506, Sec. 2. ) ## ARTICLE 5. Access to Records [4725 - 4731] ( Article 5 added by Stats. 1982, Ch. 506, Sec. 2. )

    Verify source ↗

    Records about an applicant or recipient of services must be provided on request to the applicant, recipient, or their authorized representative, unless disclosure is expressly prohibited by law.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 7. Appeal Procedure [4700 - 4731] ( Chapter 7 repealed and added by Stats. 1982, Ch. 506, Sec. 2. ) ## ARTICLE 5. Access to Records [4725 - 4731] ( Article 5 added by Stats. 1982, Ch. 506, Sec. 2. ) ## 4726. Notwithstanding any other law, access to records regarding an applicant for, or recipient of, services shall be provided, upon request, to the applicant, recipient, or their authorized representative, including the person appointed as a developmental services decisionmaker pursuant to Section 319, 361, or 726, for any purpose, including, but not limited to, the appeal process under this chapter, unless disclosure of the record is expressly prohibited by law. (Amended by Stats. 2024, Ch. 902, Sec. 6. (AB 1147) Effective January 1, 2025.)
  20. 4727.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 7. Appeal Procedure [4700 - 4731] ( Chapter 7 repealed and added by Stats. 1982, Ch. 506, Sec. 2. ) ## ARTICLE 5. Access to Records [4725 - 4731] ( Article 5 added by Stats. 1982, Ch. 506, Sec. 2. )

    Verify source ↗

    This chapter does not require certain professionals to disclose confidential information received from a recipient’s or applicant’s family.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 7. Appeal Procedure [4700 - 4731] ( Chapter 7 repealed and added by Stats. 1982, Ch. 506, Sec. 2. ) ## ARTICLE 5. Access to Records [4725 - 4731] ( Article 5 added by Stats. 1982, Ch. 506, Sec. 2. ) ## 4727. Nothing in this chapter shall be construed to compel a physician, psychologist, social worker, nurse, attorney, or other professional person to reveal information which has been given to him or her in confidence by members of a recipient’s or applicant’s family. (Added by Stats. 1982, Ch. 506, Sec. 2.)
  21. 4728.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 7. Appeal Procedure [4700 - 4731] ( Chapter 7 repealed and added by Stats. 1982, Ch. 506, Sec. 2. ) ## ARTICLE 5. Access to Records [4725 - 4731] ( Article 5 added by Stats. 1982, Ch. 506, Sec. 2. )

    Verify source ↗

    Each regional center and the department must adopt procedures for granting authorized requests to inspect records, and must allow access within three business days of receiving an oral or written request.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 7. Appeal Procedure [4700 - 4731] ( Chapter 7 repealed and added by Stats. 1982, Ch. 506, Sec. 2. ) ## ARTICLE 5. Access to Records [4725 - 4731] ( Article 5 added by Stats. 1982, Ch. 506, Sec. 2. ) ## 4728. Each regional center and the department for its state-operated facilities shall adopt procedures for granting of requests by persons authorized under Section 4726 for access to records during regular business hours, provided that access shall be granted no later than three business days following the date of receipt of the oral or written request for access. Procedures shall include notice of the location of all records and the provision of qualified personnel to interpret records if requested. (Amended by Stats. 2022, Ch. 49, Sec. 73. (SB 188) Effective June 30, 2022.)
  22. 4729.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 7. Appeal Procedure [4700 - 4731] ( Chapter 7 repealed and added by Stats. 1982, Ch. 506, Sec. 2. ) ## ARTICLE 5. Access to Records [4725 - 4731] ( Article 5 added by Stats. 1982, Ch. 506, Sec. 2. )

    Verify source ↗

    When someone requests access to records, the regional center or state-operated facility must provide information about the types of records kept, the official responsible for maintaining them, and how to obtain access, including any copy cost subject to Section 4725(a).

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 7. Appeal Procedure [4700 - 4731] ( Chapter 7 repealed and added by Stats. 1982, Ch. 506, Sec. 2. ) ## ARTICLE 5. Access to Records [4725 - 4731] ( Article 5 added by Stats. 1982, Ch. 506, Sec. 2. ) ## 4729. Whenever access to regional center or state-operated facility records is requested, the regional center or state-operated facility shall provide at least the following information: (a) The types of records maintained by the service agency. (b) The position of the official responsible for the maintenance of records. (c) The right of access to the records, and the policies of the regional center or state-operated facility for obtaining access, including the cost, if any, consistent with subdivision (a) of Section 4725, to be charged for reproducing copies of records. (Amended by Stats. 2022, Ch. 49, Sec. 74. (SB 188) Effective June 30, 2022.)
  23. 4730.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 7. Appeal Procedure [4700 - 4731] ( Chapter 7 repealed and added by Stats. 1982, Ch. 506, Sec. 2. ) ## ARTICLE 5. Access to Records [4725 - 4731] ( Article 5 added by Stats. 1982, Ch. 506, Sec. 2. )

    Verify source ↗

    Anyone who willfully and knowingly violates this article commits a misdemeanor.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 7. Appeal Procedure [4700 - 4731] ( Chapter 7 repealed and added by Stats. 1982, Ch. 506, Sec. 2. ) ## ARTICLE 5. Access to Records [4725 - 4731] ( Article 5 added by Stats. 1982, Ch. 506, Sec. 2. ) ## 4730. Any person who willfully and knowingly violates the provisions of this article is guilty of a misdemeanor. (Added by Stats. 1982, Ch. 506, Sec. 2.)
  24. 4731.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 7. Appeal Procedure [4700 - 4731] ( Chapter 7 repealed and added by Stats. 1982, Ch. 506, Sec. 2. ) ## ARTICLE 5. Access to Records [4725 - 4731] ( Article 5 added by Stats. 1982, Ch. 506, Sec. 2. )

    Verify source ↗

    Consumers or their representatives may file a complaint about certain abuses or denials of consumer rights, and the complaint process requires review, proposed resolutions, and possible administrative decision-making within set deadlines.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 7. Appeal Procedure [4700 - 4731] ( Chapter 7 repealed and added by Stats. 1982, Ch. 506, Sec. 2. ) ## ARTICLE 5. Access to Records [4725 - 4731] ( Article 5 added by Stats. 1982, Ch. 506, Sec. 2. ) ## 4731. (a) Each consumer or any representative acting on behalf of any consumer or consumers, who believes that any right to which a consumer is entitled has been abused, punitively withheld, or improperly or unreasonably denied by a regional center, state-operated facility, or service provider, may pursue a complaint as provided in this section. (b) Initial referral of any complaint taken pursuant to this section shall be to the director of the regional center from which the consumer receives case management services. If the consumer resides in a state-operated facility, the complaint shall be made to the director of the state-operated facility. The director shall, within 20 working days of receiving a complaint, investigate the complaint and send a written proposed resolution to the complainant and, if applicable, to the service provider. The written proposed resolution shall include a telephone number and mailing address for referring the proposed resolution in accordance with subdivision (c). (c) If the complainant is not satisfied with the proposed resolution, the complainant may refer the complaint, in writing, to the Director of Developmental Services within 15 working days of receipt of the proposed resolution. The director shall, within 45 days of receiving a complaint, issue a written administrative decision and send a copy of the decision to the complainant, the director of the regional center or state-operated facility, and the service provider, if applicable. If there is no referral to the department, the proposed resolution shall become effective on the 20th working day following receipt by the complainant. (d) The department shall annually compile the number of complaints filed, by each regional center and state-operated facility, the subject matter of each complaint, and a summary of each decision. Copies shall be made available to any person upon request. (e) This section shall not be used to resolve disputes concerning the nature, scope, or amount of services and supports that should be included in an individual program plan, for which there is an appeals procedure established in this division, or disputes regarding rates or audit appeals for which there is an appeals procedure established in regulations. Those disputes shall be resolved through the appeals procedure established by this division or in regulations. (f) All consumers or, if appropriate, their authorized representative, shall be notified in writing in their preferred language of the right to file a complaint pursuant to this section when they apply for services from a regional center or a state-operated facility, and at each regularly scheduled planning meeting. (Amended by Stats. 2022, Ch. 49, Sec. 75. (SB 188) Effective June 30, 2022.)
  25. 4740.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 7.5. Residential Care Facility Appeals Procedures [4740 - 4748] ( Chapter 7.5 repealed and added by Stats. 1981, Ch. 714, Sec. 470. )

    Verify source ↗

    The Legislature states that care for persons with developmental disabilities in residential facilities depends on coordinated teamwork, and that each participant’s rights and responsibilities must be identified.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 7.5. Residential Care Facility Appeals Procedures [4740 - 4748] ( Chapter 7.5 repealed and added by Stats. 1981, Ch. 714, Sec. 470. ) ## 4740. The Legislature finds the following: (a) The quality of care provided to persons with developmental disabilities by residential facilities is contingent upon a closely coordinated “team” effort by the regional center or its designee, the person with developmental disabilities, the parent or representative if appropriate, the residential facility administrator, and the licensing agency. The rights and responsibilities of each must be identified in order to assure clear direction and accountability for each. (b) The quality of care is impaired when inordinate numbers of staff from placement and licensing agencies give direction to the facility administrator regarding care and service requirements. (Amended by Stats. 1998, Ch. 1043, Sec. 23. Effective January 1, 1999.)
  26. 4741.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 7.5. Residential Care Facility Appeals Procedures [4740 - 4748] ( Chapter 7.5 repealed and added by Stats. 1981, Ch. 714, Sec. 470. )

    Verify source ↗

    An adult with a developmental disability has the right to decide where to live. A regional center or its designee may not remove a consumer from a residential care facility against the client’s wishes, except for immediate danger or certain court or guardian/parent consent situations.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 7.5. Residential Care Facility Appeals Procedures [4740 - 4748] ( Chapter 7.5 repealed and added by Stats. 1981, Ch. 714, Sec. 470. ) ## 4741. An adult person with a developmental disability has the legal right to determine where his or her residence will be. Except in a situation which presents immediate danger to the health and well-being of the individual, the regional center or its designee shall not remove a consumer from a residential care facility against the client’s wishes unless there has been specific court action to abridge such right with respect to an adult or unless the parent, guardian or conservator consents with respect to a child. (Amended by Stats. 1998, Ch. 1043, Sec. 24. Effective January 1, 1999.)
  27. 4742.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 7.5. Residential Care Facility Appeals Procedures [4740 - 4748] ( Chapter 7.5 repealed and added by Stats. 1981, Ch. 714, Sec. 470. )

    Verify source ↗

    The regional center or its designated representative must guide and counsel facility staff and monitor care, services, and supports for each consumer served by the regional center.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 7.5. Residential Care Facility Appeals Procedures [4740 - 4748] ( Chapter 7.5 repealed and added by Stats. 1981, Ch. 714, Sec. 470. ) ## 4742. The regional center or its designated representative shall (a) guide and counsel facility staff regarding the care and services and supports required by each consumer served by the regional center; and (b) monitor the care and services and supports provided the individual to ensure that care and services and supports are provided in accordance with the individual program plan. (Amended by Stats. 1998, Ch. 1043, Sec. 25. Effective January 1, 1999.)
  28. 4742.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 7.5. Residential Care Facility Appeals Procedures [4740 - 4748] ( Chapter 7.5 repealed and added by Stats. 1981, Ch. 714, Sec. 470. )

    Verify source ↗

    A regional center representative’s statement made while carrying out the duty to monitor services and supports is privileged, unless subdivision (b) applies.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 7.5. Residential Care Facility Appeals Procedures [4740 - 4748] ( Chapter 7.5 repealed and added by Stats. 1981, Ch. 714, Sec. 470. ) ## 4742.1. (a) A statement made by a regional center representative when discharging his or her obligation to monitor the provision of services and supports pursuant to this division shall be a privileged communication, subject to subdivision (b). (b) A statement shall not be privileged pursuant to subdivision (a) if a party to a judicial action demonstrates that the regional center representative made the disputed statement with knowledge of its falsity or with reckless disregard for the truth. (Added by Stats. 1998, Ch. 1043, Sec. 26. Effective January 1, 1999.)
  29. 4743.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 7.5. Residential Care Facility Appeals Procedures [4740 - 4748] ( Chapter 7.5 repealed and added by Stats. 1981, Ch. 714, Sec. 470. )

    Verify source ↗

    The regional center or its designee must assign staff to oversee each consumer’s program plan, and one person must serve as the facility liaison and monitor care and services.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 7.5. Residential Care Facility Appeals Procedures [4740 - 4748] ( Chapter 7.5 repealed and added by Stats. 1981, Ch. 714, Sec. 470. ) ## 4743. It is the intent of the Legislature that to the greatest extent possible, the staff of the regional center or its designee are assigned so as to minimize the number of persons responsible for programs provided in a given facility. The regional center or its designee shall designate the staff person responsible for assuring that each individual consumer’s program plan is carried out. One person shall be assigned by the regional center as the principal liaison to a facility and to monitor the provision of care and the services provided by that facility in accordance with the individual program plans. If, due to the number of regional center consumers in the facility, additional staff of a regional center or its designee serve consumers in the facility, one person shall be assigned as having primary responsibility for, and assure consistency and continuity of, directions to the administrator and for the monitoring of care and services. (Amended by Stats. 1998, Ch. 1043, Sec. 27. Effective January 1, 1999.)
  30. 4744.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 7.5. Residential Care Facility Appeals Procedures [4740 - 4748] ( Chapter 7.5 repealed and added by Stats. 1981, Ch. 714, Sec. 470. )

    Verify source ↗

    The regional center or its designee must give the residential facility administrator information it has about any dangerous history of the consumer before placement, and confidential consumer information cannot be released without consent.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 7.5. Residential Care Facility Appeals Procedures [4740 - 4748] ( Chapter 7.5 repealed and added by Stats. 1981, Ch. 714, Sec. 470. ) ## 4744. The regional center or its designee shall provide to the residential facility administrator all information in its possession concerning any history of dangerous propensity of the consumer prior to the placement in that facility. However, no confidential consumer information shall be released pursuant to this section without the consent of the consumer or authorized representative. (Amended by Stats. 1998, Ch. 1043, Sec. 28. Effective January 1, 1999.)
  31. 4745.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 7.5. Residential Care Facility Appeals Procedures [4740 - 4748] ( Chapter 7.5 repealed and added by Stats. 1981, Ch. 714, Sec. 470. )

    Verify source ↗

    During each facility visit, the designated staff person must tell the administrator about substantial care or service inadequacies, what corrective action is needed, and when it must be completed, then confirm it in writing within 48 hours and advise of the right to appeal.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 7.5. Residential Care Facility Appeals Procedures [4740 - 4748] ( Chapter 7.5 repealed and added by Stats. 1981, Ch. 714, Sec. 470. ) ## 4745. During each visit to the facility, the designated staff person shall inform the administrator orally of any substantial inadequacies in the care and services provided, the specific corrective action necessary and the date by which corrective action must be completed. The designated staff person shall confirm this information in writing to the administrator within 48 hours after the oral notice and inform the administrator in writing of the right to appeal the findings. (Amended by Stats. 1998, Ch. 1043, Sec. 29. Effective January 1, 1999.)
  32. 4746.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 7.5. Residential Care Facility Appeals Procedures [4740 - 4748] ( Chapter 7.5 repealed and added by Stats. 1981, Ch. 714, Sec. 470. )

    Verify source ↗

    The severity of deficiencies and quality of care determine how long the regional center or its designee works with the facility administrator to fix problems.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 7.5. Residential Care Facility Appeals Procedures [4740 - 4748] ( Chapter 7.5 repealed and added by Stats. 1981, Ch. 714, Sec. 470. ) ## 4746. The severity of the deficiencies and the quality of care provided shall determine how long the regional center or its designee will work with the facility administrator to resolve inadequacies. After a reasonable period of time, if the care continues to be unacceptable, the designated staff person shall submit to his or her supervisor and to the licensing agency and administrator a recommended disposition with supporting documents attached. The placement agency shall develop sufficient documentation of inadequacies and care provided to sustain corrective action. (Repealed and added by Stats. 1981, Ch. 714, Sec. 470.)
  33. 4747.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 7.5. Residential Care Facility Appeals Procedures [4740 - 4748] ( Chapter 7.5 repealed and added by Stats. 1981, Ch. 714, Sec. 470. )

    Verify source ↗

    If relocation is requested, the regional center must schedule an individual program plan meeting as soon as possible.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 7.5. Residential Care Facility Appeals Procedures [4740 - 4748] ( Chapter 7.5 repealed and added by Stats. 1981, Ch. 714, Sec. 470. ) ## 4747. If a consumer or, when appropriate, the parent, guardian, or conservator or authorized representative, including those appointed pursuant to subdivision (a) of Section 4541, requests a relocation, the regional center shall schedule an individual program plan meeting, as soon as possible to assist in locating and moving to another residence. (Amended by Stats. 2020, Ch. 367, Sec. 18. (SB 1264) Effective January 1, 2021.)
  34. 4748.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 7.5. Residential Care Facility Appeals Procedures [4740 - 4748] ( Chapter 7.5 repealed and added by Stats. 1981, Ch. 714, Sec. 470. )

    Verify source ↗

    Within nine months of this section’s effective date, the State Department of Developmental Services must develop and implement regulations for regional centers or their designees to ensure uniform care and services in residential facilities.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 7.5. Residential Care Facility Appeals Procedures [4740 - 4748] ( Chapter 7.5 repealed and added by Stats. 1981, Ch. 714, Sec. 470. ) ## 4748. Within nine months of the effective date of this section, the State Department of Developmental Services shall develop and implement regulations for use by the regional center or its designee to assure uniformity of the care and services to be provided to persons registered with the regional centers who reside in residential facilities. (Repealed and added by Stats. 1981, Ch. 714, Sec. 470.)
  35. 4750.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 8. Evaluation [4750 - 4754] ( Chapter 8 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    State program spending for people with developmental disabilities is intended to produce measurable, desirable results that show increased choice and greater independence, productivity, and normal living.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 8. Evaluation [4750 - 4754] ( Chapter 8 added by Stats. 1977, Ch. 1252. ) ## 4750. The Legislature intends that expenditures on state programs for persons with developmental disabilities shall have measurable and desirable results. The results shall reflect the degree to which persons with developmental disabilities are empowered to make choices and are leading more independent, productive, and normal lives. (Amended by Stats. 1992, Ch. 1011, Sec. 26. Effective January 1, 1993.)
  36. 4750.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 8. Evaluation [4750 - 4754] ( Chapter 8 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The department must ensure certain client master file entries are updated within 30 days after a change of residence.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 8. Evaluation [4750 - 4754] ( Chapter 8 added by Stats. 1977, Ch. 1252. ) ## 4750.5. In order to gather data that is relevant to ensuring the safety and well-being of persons with developmental disabilities, the department shall ensure that the client master file entry for any person with developmental disabilities placed by a regional center will be updated within 30 days after the change of residence. (Added by Stats. 1996, Ch. 434, Sec. 3. Effective January 1, 1997.)
  37. 4752.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 8. Evaluation [4750 - 4754] ( Chapter 8 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The department must prepare a plan by July 1, 1978, for obtaining and reporting statewide information on program effectiveness.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 8. Evaluation [4750 - 4754] ( Chapter 8 added by Stats. 1977, Ch. 1252. ) ## 4752. The department shall prepare by July 1, 1978, a plan for using the method to obtain and report statewide information on program effectiveness. The plan shall include: (a) A description of any sampling procedures to be used. (b) Methods for obtaining and analyzing information about the type and amount of service provided to obtain program results. (c) Methods for determining the state expenditures associated with varying levels of measured program effectiveness. (d) Specification of procedures and format for future reports to the Legislature on program costs and effectiveness. (e) The projected costs of implementation. (Added by Stats. 1977, Ch. 1252.)
  38. 4753.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 8. Evaluation [4750 - 4754] ( Chapter 8 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The department must implement the evaluation system for all programs under its jurisdiction by January 1, 1979.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 8. Evaluation [4750 - 4754] ( Chapter 8 added by Stats. 1977, Ch. 1252. ) ## 4753. By January 1, 1979, the department shall implement the evaluation system for all programs under its jurisdiction. (Added by Stats. 1977, Ch. 1252.)
  39. 4754.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 8. Evaluation [4750 - 4754] ( Chapter 8 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    Agencies serving persons with developmental disabilities may use additional evaluation mechanisms for their own program purposes.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 8. Evaluation [4750 - 4754] ( Chapter 8 added by Stats. 1977, Ch. 1252. ) ## 4754. Nothing in this chapter shall be construed to prohibit any agency providing services to persons with developmental disabilities from utilizing additional evaluation mechanisms for the agency’s own program purposes. (Added by Stats. 1977, Ch. 1252.)
  40. 4775.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 9. Budgetary Process and Financial Provisions [4775 - 4792] ( Chapter 9 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    Funding decisions for programs serving developmentally disabled people must be tied to statewide planning and consider the state plan and citizen participation.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 9. Budgetary Process and Financial Provisions [4775 - 4792] ( Chapter 9 added by Stats. 1977, Ch. 1252. ) ## 4775. The Legislature finds that the method of appropriating funds for numerous programs for the developmentally disabled affects the availability and distribution of services and must be related to statewide planning. Therefore, the process for determining levels of funding of programs must involve consideration of the state plan established pursuant to Chapter 3 (commencing with Section 4561) of this division and the participation of citizens who may be directly affected by funding decisions. (Amended by Stats. 2014, Ch. 409, Sec. 57. (AB 1595) Effective January 1, 2015.)
  41. 4776.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 9. Budgetary Process and Financial Provisions [4775 - 4792] ( Chapter 9 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    Each regional center must submit a program budget plan to the department and the state council by August 1 each year.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 9. Budgetary Process and Financial Provisions [4775 - 4792] ( Chapter 9 added by Stats. 1977, Ch. 1252. ) ## 4776. On or before August 1 of each year, each regional center shall submit to the department and the state council a program budget plan for the subsequent budget year. The budget plan shall include all of the following: (a) An estimate of all developmentally disabled persons to be served by the regional center. (b) An estimate of services to be provided by the regional center. (c) An estimate of cost, by type of service. (d) Estimated sources and amounts of all revenue, including funds which are not administered by regional centers. (e) A detailed report of the resources required to implement Section 4509. (Amended by Stats. 1979, Ch. 1140.)
  42. 4776.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 9. Budgetary Process and Financial Provisions [4775 - 4792] ( Chapter 9 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    Regional centers are exempt from state-agency IT planning and acquisition requirements, and the State Department of Developmental Services and the Association of Regional Center Agencies must jointly develop spending guidelines for certain information system activities.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 9. Budgetary Process and Financial Provisions [4775 - 4792] ( Chapter 9 added by Stats. 1977, Ch. 1252. ) ## 4776.5. (a) Regional centers shall not be subject to any provision of law, regulation, or policy required of state agencies pertaining to the planning and acquisition of information technology, including personal computers, local area networks, information technology consultation, and software. (b) The State Department of Developmental Services and the Association of Regional Center Agencies shall jointly develop guidelines for use by regional centers in the expenditure of funds for those information system activities, including consultation and software development, involving interface with the data bases of the State Department of Developmental Services, including the Uniform Fiscal System. (Added by Stats. 1996, Ch. 197, Sec. 17. Effective July 22, 1996.)
  43. 4777.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 9. Budgetary Process and Financial Provisions [4775 - 4792] ( Chapter 9 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    Each year, the Superintendent of Public Instruction must send the state council estimates about developmentally disabled persons, service costs, and revenue sources by September 1.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 9. Budgetary Process and Financial Provisions [4775 - 4792] ( Chapter 9 added by Stats. 1977, Ch. 1252. ) ## 4777. On or before September 1 of each year, the Superintendent of Public Instruction shall submit to the state council: (a) An estimate of all developmentally disabled persons to be served throughout the state. (b) Estimated total cost, by service or educational category. (c) Estimated sources of revenue. (Added by Stats. 1977, Ch. 1252.)
  44. 4778.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 9. Budgetary Process and Financial Provisions [4775 - 4792] ( Chapter 9 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    Funds appropriated for developmental disabilities programs must be allocated to those programs by August 1 each year, if feasible.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 9. Budgetary Process and Financial Provisions [4775 - 4792] ( Chapter 9 added by Stats. 1977, Ch. 1252. ) ## 4778. To the extent feasible, all funds appropriated for developmental disabilities programs under this part shall be allocated to those programs by August 1 of each year. (Amended by Stats. 1992, Ch. 713, Sec. 38. Effective September 15, 1992.)
  45. 4780.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 9. Budgetary Process and Financial Provisions [4775 - 4792] ( Chapter 9 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The department may receive, expend, and use certain funds, and must act as an agent to transmit funds for services through regional centers, subject to legislative appropriation and available funds.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 9. Budgetary Process and Financial Provisions [4775 - 4792] ( Chapter 9 added by Stats. 1977, Ch. 1252. ) ## 4780. When appropriated by the Legislature, the department may receive and expend all funds made available by the federal government, the state, its political subdivisions, and other sources, and, within the limitation of the funds made available, shall act as an agent for the transmittal of the funds for services through the regional centers. The department may use any funds received under Article 5 (commencing with Section 123800) of Chapter 3 of Part 2 of Division 106 of the Health and Safety Code for the purposes of this division. (Amended by Stats. 1996, Ch. 1023, Sec. 463. Effective September 29, 1996.)
  46. 4780.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 9. Budgetary Process and Financial Provisions [4775 - 4792] ( Chapter 9 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The State Department of Developmental Services must process, audit, and pay funds for regional centers, and it must set procedures for hearing regional centers’ objections to audit findings and exceptions.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 9. Budgetary Process and Financial Provisions [4775 - 4792] ( Chapter 9 added by Stats. 1977, Ch. 1252. ) ## 4780.5. The State Department of Developmental Services is responsible for the processing, audit, and payment of funds made available to regional centers under this division. The department shall establish procedures for hearing objections to audit findings and exceptions by regional centers. (Added by Stats. 1979, Ch. 1142.)
  47. 4781.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 9. Budgetary Process and Financial Provisions [4775 - 4792] ( Chapter 9 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The department may accept and spend grants, gifts, and money legacies, and may also handle other property gifts and legacies with the Department of Finance’s consent. The secretary may make agreements with persons or organizations to carry out this division’s purposes.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 9. Budgetary Process and Financial Provisions [4775 - 4792] ( Chapter 9 added by Stats. 1977, Ch. 1252. ) ## 4781. The department may accept and expend grants, gifts, and legacies of money and, with the consent of the Department of Finance, may accept, manage, and expend grants, gifts and legacies of other property, in furtherance of the purposes of this division. The secretary may enter into agreements with any person, agency, corporation, foundation, or other legal entity to carry out the purposes of this division. (Added by Stats. 1977, Ch. 1252.)
  48. 4781.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 9. Budgetary Process and Financial Provisions [4775 - 4792] ( Chapter 9 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    For the 2006–07 fiscal year only, regional centers generally may not use purchase-of-service funds to start new programs unless specific criteria are met. The department must set grant criteria and provide prior written authorization for expenditures under this section.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 9. Budgetary Process and Financial Provisions [4775 - 4792] ( Chapter 9 added by Stats. 1977, Ch. 1252. ) ## 4781.5. (a) For the 2006–07 fiscal year only, a regional center may not expend any purchase of service funds for the startup of any new program unless one of the following criteria is met: (1) The expenditure is necessary to protect the consumer’s health or safety or because of other extraordinary circumstances. (2) The program to be developed promotes and provides integrated supported work options for individuals or groups of no more than three consumers. (3) The program to be developed promotes and provides integrated social, civic, volunteer, or recreational activities. (b) Notwithstanding subdivision (a), a regional center may approve grants for the 2006–07 fiscal year only to current providers to engage in new or expanded employment activities that result in greater integration, conversion from sheltered to supported work environments, self-employment, and increased consumer participation in the federal Ticket to Work program. (c) Startup contracts for programs funded under this section shall be outcome-based. (d) The department shall develop criteria by which regional centers shall approve grants, and shall provide prior written authorization for the expenditures under this section. (e) This section shall not apply to any of the following: (1) The purchase of services funds allocated as part of the department’s community placement plan process. (2) Expenditures for the startup of new programs made pursuant to a contract entered into before July 1, 2002. (Amended by Stats. 2007, Ch. 188, Sec. 29. Effective August 24, 2007.)
  49. 4781.6.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 9. Budgetary Process and Financial Provisions [4775 - 4792] ( Chapter 9 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    A regional center may not use purchase-of-service funds to start a new program unless the spending is needed to protect consumer health or safety, is due to extraordinary circumstances, and the department gives prior written authorization.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 9. Budgetary Process and Financial Provisions [4775 - 4792] ( Chapter 9 added by Stats. 1977, Ch. 1252. ) ## 4781.6. (a) A regional center shall not expend any purchase of service funds for the startup of any new program unless the expenditure is necessary to protect the consumer’s health or safety or because of extraordinary circumstances, and the department has granted prior written authorization for the expenditures. (b) This section does not apply to the purchase of services funds allocated as part of the department’s community placement plan process. (Amended by Stats. 2008, 3rd Ex. Sess., Ch. 3, Sec. 11. Effective February 16, 2008.)
  50. 4786.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 9. Budgetary Process and Financial Provisions [4775 - 4792] ( Chapter 9 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The director must develop and maintain an equitable, flexible state payment rate system for care and services bought from community care facilities.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 9. Budgetary Process and Financial Provisions [4775 - 4792] ( Chapter 9 added by Stats. 1977, Ch. 1252. ) ## 4786. The director shall develop, establish, and maintain an equitable system of rates of state payment for care and services purchased by the department from community care facilities. Such rate system shall be flexible and reflect the differing costs associated with the differing types and levels of care and services provided. (Added by Stats. 1980, Ch. 1285, Sec. 17.)
  51. 4787.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 9. Budgetary Process and Financial Provisions [4775 - 4792] ( Chapter 9 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The department must estimate and allocate funding for regional center services, transfer funding when residents move, and reallocate unused funds under the section’s rules.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 9. Budgetary Process and Financial Provisions [4775 - 4792] ( Chapter 9 added by Stats. 1977, Ch. 1252. ) ## 4787. (a) The department shall, in developing the annual budget for regional center-funded services and supports for residents of developmental centers who are projected to move into the community in the budget year, estimate the costs of these services and supports. Budgeted funding shall be allocated to each regional center based on each regional center’s share of the projected placements to be made within the budget year. (b) When a resident of a developmental center moves into a community placement outside of their regional catchment area, the department shall transfer from the regional center an appropriate amount of the funding allocated for that consumer to the regional center that will provide services. (c) A regional center able to exceed its projected placements within the fiscal year shall be allocated additional funding for that purpose in that fiscal year, if sufficient funding is available, and to the extent that additional funding is necessary to make those placements. (d) If the department determines that a regional center will not make all of the projected placements during the fiscal year for which it has received funding, those funds shall be made available to regional centers who have exceeded their projected placements, to the extent that additional funding is necessary to make those placements. (e) With the approval of the Department of Finance, savings that result from population reductions in the developmental centers may be transferred to regional centers for the purpose of providing services and supports to residents of developmental centers who have moved into a community placement pursuant to their individual program plan. (f) This section shall not expand or limit the entitlement to services for a person with developmental disabilities set forth in this division. (Added by Stats. 1995, Ch. 513, Sec. 4. Effective January 1, 1996.)
  52. 4790.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 9. Budgetary Process and Financial Provisions [4775 - 4792] ( Chapter 9 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The Health and Welfare Agency must submit a pilot-project implementation plan by March 1, 1982, and the selected regional centers must use allocated funds for specified care costs.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 9. Budgetary Process and Financial Provisions [4775 - 4792] ( Chapter 9 added by Stats. 1977, Ch. 1252. ) ## 4790. (a) It is the intent of the Legislature to provide an incentive for regional centers to select out-of-home placements that are most appropriate for each person with a developmental disability requiring out-of-home care and to provide a disincentive for inappropriate placement in or delayed discharge from state hospitals. (b) By March 1, 1982, the Health and Welfare Agency shall submit to the Legislature a detailed implementation plan for a pilot project involving four regional centers. These regional centers shall receive allocations of funds equivalent to the cost of state hospital care for the clients of the individual regional center from which they shall purchase services from state hospitals or other providers. (c) Funds so allocated shall cover costs of care of all clients of the pilot project regional centers in state hospitals and, in addition, shall be used to pay costs of (1) community care, including but not limited to, out-of-home care for clients currently residing in state hospitals who have been deemed more appropriately served in the community, and (2) out-of-home costs for persons placed after receipt of the allocation. (d) Regional centers shall be selected on the basis of their willingness to participate in the project, their demonstrated ability to provide necessary community care resources, and their relative standing in the provision of high quality programmatic and administrative services in accordance with the systems evaluation package review of regional centers by the State Department of Developmental Services. In order to ensure the most efficient use of these provisions, one of the four selected regional centers shall have the highest ratio of nonstate hospital out-of-home residential placements in its total active caseload. (Added by Stats. 1981, Ch. 821, Sec. 1.)
  53. 4791.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 9. Budgetary Process and Financial Provisions [4775 - 4792] ( Chapter 9 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    This section lets regional centers temporarily change certain provider personnel or training requirements, but only within the stated period and subject to specified safety and legal limits.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 9. Budgetary Process and Financial Provisions [4775 - 4792] ( Chapter 9 added by Stats. 1977, Ch. 1252. ) ## 4791. (a) Notwithstanding any other provision of law or regulation, from July 1, 2010, until June 30, 2013, regional centers may temporarily modify personnel requirements, functions, or qualifications, or staff training requirements for providers, except for licensed or certified residential providers, whose payments are reduced by 1.25 percent pursuant to the amendments to Section 10 of Chapter 13 of the Third Extraordinary Session of the Statutes of 2009, as amended by the act amending this section. (b) A temporary modification pursuant to subdivision (a), effective during any agreed upon period of time from July 1, 2010, until June 30, 2013, may only be approved when the regional center determines that the change will not do any of the following: (1) Adversely affect the health and safety of a consumer receiving services or supports from the provider. (2) Result in a consumer receiving services in a more restrictive environment. (3) Negatively impact the availability of federal financial participation. (4) Violate any state licensing or labor laws or other provisions of Title 17 of the California Code of Regulations not eligible for modification pursuant to this section. (c) A temporary modification pursuant to subdivision (a) shall be described in a written services contract between the regional center purchasing the services and the provider, and a copy of the written services contract and any related documentation shall be retained by the provider and the regional center purchasing the services from the provider. (d) Notwithstanding any other provision of law or regulation, the department shall suspend, from July 1, 2010, until June 30, 2013, the requirements described in Sections 56732 and 56800 of Title 17 of the California Code of Regulations requiring community-based day programs and in-home respite agencies to conduct annual reviews and to submit written reports to vendoring regional centers, user regional centers, and the department. (e) Notwithstanding any other provision of law or regulation, from July 1, 2010, until June 30, 2013, a residential service provider, vendored by a regional center and whose payment is reduced by 1.25 percent pursuant to the amendments to Section 10 of Chapter 13 of the Third Extraordinary Session of the Statutes of 2009, as amended by the act amending this section, shall not be required to complete quarterly and semiannual progress reports required in subdivisions (b) and (c) of Section 56026 of Title 17 of the California Code of Regulations. During program review, the provider shall inform the regional center case manager of the consumer’s progress and any barrier to the implementation of the individual program plan for each consumer residing in the residence. (Amended by Stats. 2012, Ch. 25, Sec. 16. (AB 1472) Effective June 27, 2012.)
  54. 4792.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 9. Budgetary Process and Financial Provisions [4775 - 4792] ( Chapter 9 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    This section operates only if another budget provision is operative. It says the department may use stakeholder workgroups to develop savings proposals, and any identified savings or reductions must be reported to the Joint Legislative Budget Committee within 10 days.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 9. Budgetary Process and Financial Provisions [4775 - 4792] ( Chapter 9 added by Stats. 1977, Ch. 1252. ) ## 4792. (a) This section of law shall only be operative if subdivision (b) of Section 3.94 of the Budget Act of 2011 is operative. It is the intent of the Legislature for the department to identify up to one hundred million dollars ($100,000,000) in General Fund savings from within the overall developmental services system, including any savings or reductions within state administrative support, operation of the developmental centers, and operation of the regional centers, including administration and the purchase of services where applicable if subdivision (b) of Section 3.94 of the Budget Act of 2011 is operative. A variety of strategies, including, but not limited to, savings attributable to caseload adjustments, changes in expenditure trends, unexpended contract funds, or other administrative savings or restructuring can be applied to this reduction with the intent of keeping reductions as far away as feasible from consumer’s direct needs, services, and supports, including health, safety, and quality of life. (b) The department may utilize input from workgroups comprised of consumers and family members, consumer-focused advocacy groups, service provider representatives, regional center representatives, developmental center representatives, other stakeholders, and staff of the Legislature, to develop General Fund savings proposals as necessary. (c) If subdivision (b) of Section 3.94 of the Budget Act of 2011 is operative, and the department is directed to identify up to one hundred million dollars ($100,000,000) in General Fund savings from within the developmental services system, any savings or reductions identified shall be reported to the Joint Legislative Budget Committee within 10 days of the reduction as directed within Section 3.94 of the Budget Act of 2011. (Added by Stats. 2011, Ch. 34, Sec. 1. (SB 73) Effective June 30, 2011. Section became operative on December 13, 2011, when condition in subd. (a) was satisfied.)
  55. 4800.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 10. Judicial Review [4800 - 4806] ( Chapter 10 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    Adults in specified care settings have a right to a habeas corpus hearing for release after a release request is made, and staff must forward the request and notices to the proper court and related parties.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 10. Judicial Review [4800 - 4806] ( Chapter 10 added by Stats. 1977, Ch. 1252. ) ## 4800. (a) Every adult who is or has been admitted or committed to a state hospital, developmental center, community care facility, as defined in Section 1502 of the Health and Safety Code, health facility, as defined in Section 1250 of the Health and Safety Code, or any other appropriate placement permitted by law, as a developmentally disabled patient shall have a right to a hearing by writ of habeas corpus for his or her release from the hospital, developmental center, community care facility, or health facility after he or she or any person acting on his or her behalf makes a request for release to any member of the staff of the state hospital, developmental center, community care facility, or health facility or to any employee of a regional center. (b) The member of the staff or regional center employee to whom a request for release is made shall promptly provide the person making the request for his or her signature or mark a copy of the form set forth below. The member of the staff, or regional center employee, as the case may be, shall fill in his or her own name and the date, and, if the person signs by mark, shall fill in the person’s name, and shall then deliver the completed copy to the medical director of the state hospital or developmental center, the administrator or director of the community care facility, or the administrator or director of the health facility, as the case may be, or his or her designee, notifying him or her of the request. As soon as possible, the person notified shall inform the superior court for the appropriate county, as indicated in Section 4801, of the request for release and shall transmit a copy of the request for release to the person’s parent or conservator together with a statement that notice of judicial proceedings taken pursuant to that request will be forwarded by the court. The copy of the request for release and the notice shall be sent by the person notified by registered or certified mail with proper postage prepaid, addressed to the addressee’s last known address, and with a return receipt requested. The person notified shall also transmit a copy of the request for release and the name and address of the person’s parent or conservator to the court. (c) Any person who intentionally violates this section is guilty of a misdemeanor. (d) The form for a request for release shall be substantially as follows: (Name of the state hospital, developmental center, community care facility, or health facility or regional center) ____ day of ____ 19__ I, ____ (member of the staff of the state hospital, developmental center, community care facility, or health facility or employee of the regional center), have today received a request for the release from ____ (name of state hospital, developmental center, or community care facility) State Hospital, developmental center, community care facility, or health facility of ____ (name of patient) from the undersigned patient on his or her own behalf or from the undersigned person on behalf of the patient. _____ _____ Signature or mark of patient making request for release _____ _____ Signature or mark of person making request on behalf of patient (Amended by Stats. 1996, Ch. 1076, Sec. 3. Effective January 1, 1997.)
  56. 4801.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 10. Judicial Review [4800 - 4806] ( Chapter 10 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    This section sets court procedures for release hearings, counsel, notices, timing, and possible release conditions for adults seeking release.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 10. Judicial Review [4800 - 4806] ( Chapter 10 added by Stats. 1977, Ch. 1252. ) ## 4801. (a) Judicial review shall be in the superior court for the county in which the state hospital, developmental center, community care facility, or health facility is located, except that, if the adult has been found incompetent to stand trial and has been committed pursuant to Chapter 6 (commencing with Section 1367) of Title 10 of Part 2 of the Penal Code, judicial review shall be in the superior court of the county that determined the question of the mental competence of the defendant. The adult requesting to be released shall be informed of his or her right to counsel by a member of the staff of the state hospital, developmental center, community care facility, or health facility and by the court; and if he or she does not have an attorney for the proceedings, the court shall immediately appoint the public defender or other attorney to assist him or her in the preparation of a petition for the writ of habeas corpus and to represent him or her in the proceedings. The person shall pay the costs of those legal services if he or she is able. (b) At the time the petition for the writ of habeas corpus is filed with the court, the clerk of the court shall transmit a copy of the petition, together with notification as to the time and place of an evidentiary hearing in the matter, to the parent or conservator of the person seeking release or for whom release is sought and to the director and clients’ rights advocate of the appropriate regional center. Notice shall also be provided to the director of the appropriate developmental center if the person seeking release or for whom release is sought resides in a developmental center. The notice shall be sent by registered or certified mail with proper postage prepaid, addressed to the addressee’s last known address, and with a return receipt requested. The clients’ rights advocate of the appropriate regional center may attend any hearing pursuant to this section to assist in protecting the person’s rights. (c) The court shall either release the adult or order an evidentiary hearing to be held not sooner than five judicial days nor more than 10 judicial days after the petition and notice described in subdivision (b) are deposited in the United States mail pursuant to this section. (1) If the person seeking release or for whom release is sought resides in a developmental center or institution for mental disease, the regional center director or designee shall submit to the court, the person’s attorney, and all parties required to be noticed pursuant to subdivision (b) a copy of the most recent completed assessment required by subdivision (c) of Section 4418.25, subdivision (e) of Section 4418.7, or paragraph (9) of subdivision (a) of Section 4648. The regional center shall submit copies of these assessments within two working days of receiving the notice required pursuant to subdivision (b). (2) Except as provided in paragraph (3), if the court finds (A) that the adult requesting release or for whom release is requested is not developmentally disabled, or (B) that he or she is developmentally disabled and that he or she is able to provide safely for his or her basic personal needs for food, shelter, and clothing, he or she shall be released within 72 hours. If the court finds that he or she is developmentally disabled and that he or she is unable to provide safely for his or her basic personal needs for food, shelter, or clothing, but that a regional center or a willing responsible person or other public or private agency is able to provide for him or her, the court shall release the developmentally disabled adult to the responsible person, regional center, or other public or private agency, as the case may be, subject to any conditions that the court deems proper for the welfare of the developmentally disabled adult and that are consistent with the purposes of this division. (3) If the person is charged with a violent felony and has been committed to his or her current placement pursuant to Section 1370.1 of the Penal Code or Section 6500, and the court finds (A) that the adult requesting release or for whom release is requested is not a person with a developmental or intellectual disability, or (B) that he or she is able to provide safely for his or her basic personal needs for food, shelter, and clothing, the court shall, before releasing the person, determine that the release will not pose a danger to the health or safety of others due to the person’s known behavior. If the court finds there is no danger pursuant to the finding required by subparagraph (D) of paragraph (1) of subdivision (a) of Section 1370.1 of the Penal Code, the person shall be released within 72 hours. If the person’s release poses a danger to the health or safety of others, the court may grant or deny the request, taking into account the danger to the health or safety of others posed by the person. If the court finds that release of the person can be made subject to conditions that the court deems proper for the preservation of public health and safety and the welfare of the person, the person shall be released subject to those conditions. (d) If in a proceeding under this section, the court finds that the adult is developmentally disabled and has no parent or conservator, and is in need of a conservator, the court shall order the appropriate regional center or the state department to initiate, or cause to be initiated, proceedings for the appointment of a conservator for the developmentally disabled adult. (e) This section shall become operative January 1, 1988. (Amended by Stats. 2013, Ch. 25, Sec. 9. (AB 89) Effective June 27, 2013.)
  57. 4802.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 10. Judicial Review [4800 - 4806] ( Chapter 10 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    This chapter does not limit a conservator’s right to remove an adult developmentally disabled patient from a state hospital under Section 4825.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 10. Judicial Review [4800 - 4806] ( Chapter 10 added by Stats. 1977, Ch. 1252. ) ## 4802. This chapter shall not be construed to impair the right of a conservator of an adult developmentally disabled patient to remove the patient from the state hospital at any time pursuant to Section 4825. (Amended by Stats. 1979, Ch. 730.)
  58. 4803.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 10. Judicial Review [4800 - 4806] ( Chapter 10 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    Regional centers must certify and send a no-objection certificate before certain admissions, and facilities may not admit an adult without it.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 10. Judicial Review [4800 - 4806] ( Chapter 10 added by Stats. 1977, Ch. 1252. ) ## 4803. (a) If a regional center recommends that a person be admitted to a community care facility or health facility as a developmentally disabled resident, the employee or designee of the regional center responsible for making the recommendations shall certify in writing that neither the person recommended for admission to a community care facility or health facility, nor the parent of a minor or conservator of an adult, if appropriate, nor the person or agency appointed pursuant to subdivision (a) of Section 4541, has made an objection to the admission to the person making the recommendation. The regional center shall transmit the certificate, or a copy thereof, to the community care facility or health facility. (b) A community care facility or health facility shall not admit any adult as a developmentally disabled patient on recommendation of a regional center unless a copy of the certificate has been transmitted pursuant to this section. (c) A person who, knowing that objection to a community care facility or health facility admission has been made, certifies that no objection has been made, shall be guilty of a misdemeanor. (d) Objections to proposed placements shall be resolved by a fair hearing procedure pursuant to Section 4700. (Amended by Stats. 2020, Ch. 367, Sec. 19. (SB 1264) Effective January 1, 2021.)
  59. 4804.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 10. Judicial Review [4800 - 4806] ( Chapter 10 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    In certain superior court proceedings involving a person placed in a state hospital outside the county of residence, county costs may be itemized and certified, and the county of residence must reimburse those costs.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 10. Judicial Review [4800 - 4806] ( Chapter 10 added by Stats. 1977, Ch. 1252. ) ## 4804. Whenever a proceeding is held in a superior court under the provisions of this chapter, involving a person who has been placed in a state hospital located outside the county of residence of the person, the provisions of this section shall apply. The appropriate financial officer or other designated official of the county in which the proceeding is held may 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 may be certified by a judge of the superior court of the county. The statement may then be sent to the county of residence of the person, which shall reimburse the county providing the services. If it is not possible to determine the actual county of residence of the person, the statement may be sent to the county in which the person was originally detained, which shall reimburse the county providing the services. (Amended by Stats. 2002, Ch. 221, Sec. 207. Effective January 1, 2003.)
  60. 4805.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 10. Judicial Review [4800 - 4806] ( Chapter 10 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    Objections to proposed transfers between state hospitals must be handled under Chapter 7 starting at Section 4700.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 10. Judicial Review [4800 - 4806] ( Chapter 10 added by Stats. 1977, Ch. 1252. ) ## 4805. Objections to proposed transfers between state hospitals shall be resolved pursuant to Chapter 7 (commencing with Section 4700). (Added by Stats. 1981, Ch. 990, Sec. 4.)
  61. 4806.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 10. Judicial Review [4800 - 4806] ( Chapter 10 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The chapter must be read to give an adult requesting release the rights under Section 4502 and the ADA, including treatment, habilitation services and supports in the least restrictive environment, and services in the most integrated setting appropriate.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 10. Judicial Review [4800 - 4806] ( Chapter 10 added by Stats. 1977, Ch. 1252. ) ## 4806. This chapter shall be construed in a manner that affords the adult requesting release all rights under Section 4502, including the right to treatment and habilitation services and supports in the least restrictive environment, and the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), including the right to receive services in the most integrated setting appropriate. (Added by Stats. 2013, Ch. 25, Sec. 10. (AB 89) Effective June 27, 2013.)
  62. 4825.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 11. Guardianship and Conservatorship [4825- 4825.] ( Chapter 11 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    This section preserves certain existing guardianship appointments, sets rules for admission of an adult developmentally disabled person to a state hospital or private institution, and allows a competent adult developmentally disabled person to apply for and receive regional center services.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 11. Guardianship and Conservatorship [4825- 4825.] ( Chapter 11 added by Stats. 1977, Ch. 1252. ) ## 4825. The provisions of this division shall not be construed to terminate any appointment of the State Department of Mental Health as guardian of the estate of a developmentally disabled person prior to July 1, 1971. It is the intent of this section that the Director of Developmental Services be appointed as guardian or conservator of a developmentally disabled person as provided pursuant to the provisions of Article 7.5 (commencing with Section 416) of Chapter 2 of Part 1 of Division 1 of the Health and Safety Code. Notwithstanding the provisions of Section 6000, the admission of an adult developmentally disabled person to a state hospital or private institution shall be upon the application of the person’s parent or conservator in accordance with the provisions of Sections 4653 and 4803. Any person so admitted to a state hospital may leave the state hospital at any time, if such parent or conservator gives notice of his or her desire for the departure of the developmentally disabled person to any member of the hospital staff and completes normal hospitalization departure procedures. Notwithstanding the provisions of Section 4655, any adult developmentally disabled person who is competent to do so may apply for and receive any services provided by a regional center. (Amended by Stats. 1980, Ch. 246, Sec. 8.)
  63. 4830.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 12. Community Living Continuums [4830 - 4846] ( Chapter 12 added by Stats. 1978, Ch. 1232. )

    Verify source ↗

    This section defines “Continuum,” “Normalization,” and “Designated agency” for the chapter.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 12. Community Living Continuums [4830 - 4846] ( Chapter 12 added by Stats. 1978, Ch. 1232. ) ## 4830. As used in this chapter: (a) “Continuum” means a coordinated multicomponent services system within geographic regions of the state whose design shall support the sequential developmental needs of persons so that the pattern of these services provides an unbroken chain of experience, maximum personal growth, and liberty. (b) “Normalization” means making available programs, methods, and titles that are culturally normative, and patterns and conditions of everyday life that are as close as possible to the norms and patterns of the mainstream of society. (c) “Designated agency” means the legal entity selected by the State Department of Developmental Services to be responsible for organizing or providing services within each continuum or both. (Amended by Stats. 2014, Ch. 409, Sec. 58. (AB 1595) Effective January 1, 2015.)
  64. 4831.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 12. Community Living Continuums [4830 - 4846] ( Chapter 12 added by Stats. 1978, Ch. 1232. )

    Verify source ↗

    The State Department of Developmental Services may develop the design and phase-in plan for continuums and may designate agencies to implement community living continuums statewide.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 12. Community Living Continuums [4830 - 4846] ( Chapter 12 added by Stats. 1978, Ch. 1232. ) ## 4831. The State Department of Developmental Services may develop the design and phase-in plan for continuums and may designate one or more designated agencies to implement community living continuums throughout the state, after consideration of a recommendation from the State Council on Developmental Disabilities in conjunction with recommendations from the appropriate regional center. (Amended by Stats. 2014, Ch. 409, Sec. 59. (AB 1595) Effective January 1, 2015.)
  65. 4832.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 12. Community Living Continuums [4830 - 4846] ( Chapter 12 added by Stats. 1978, Ch. 1232. )

    Verify source ↗

    The State Council on Developmental Disabilities may review community living programs and recommend a responsible agency. At least one-third of a board or advisory committee must be consumer representatives, and people with a financial interest in designated agency operations may not serve as directors or committee members, except for consumer interests in agency or regional center services.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 12. Community Living Continuums [4830 - 4846] ( Chapter 12 added by Stats. 1978, Ch. 1232. ) ## 4832. (a) The State Council on Developmental Disabilities may review and evaluate existing and proposed community living arrangement programs within the various regions of the state and may make a recommendation to the Director of Developmental Services concerning programs that should be considered as the most appropriate agency to be designated as responsible for the implementation of the community living continuum within their area. These programs shall include, but not be limited to, those that have been funded through the issuance of Mental Retardation Private Institutions’ Fund grants, state council program development grants, and model state hospital programs. Consideration shall be given to all of the following: (1) Private nonprofit corporations. (2) Public agencies. (3) A joint powers agreement agency. (b) At least one-third of the board of directors, public or private, or an advisory committee in the event a public agency is selected, shall be composed of consumer representatives, including members of the immediate family of the consumer. (c) A person shall not serve as a director or advisory committee member who has a financial interest, as defined in Section 87103 of the Government Code, in designated agency operations, except with respect to any interest as a consumer of a designated agency or regional center services. (Amended by Stats. 2014, Ch. 409, Sec. 60. (AB 1595) Effective January 1, 2015.)
  66. 4833.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 12. Community Living Continuums [4830 - 4846] ( Chapter 12 added by Stats. 1978, Ch. 1232. )

    Verify source ↗

    After designation by the Department of Developmental Services, the designated agency must provide and organize services, seek funding, ensure staff training, and support community integration; the department and programs must keep services as close to a person’s home community as feasible.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 12. Community Living Continuums [4830 - 4846] ( Chapter 12 added by Stats. 1978, Ch. 1232. ) ## 4833. Upon designation by the Department of Developmental Services pursuant to Section 4831, the designated agency established pursuant to Section 4832 shall: (a) Design, organize and/or provide services for persons in local communities. (b) Seek and utilize funds from all available resources. (c) Assure that all programs within the community living continuum shall provide all employees with competency-based, pre- and in-service training, which is coordinated with appropriate, public education agencies. (d) Establish public support and acceptance for community development with full integration of individuals with developmental special needs. The community living continuums shall be based upon the principle of normalization and shall include provisions for, but not be limited to, individual choice of living in home, in various types of apartments, small group dwellings, or condominiums. The department and these programs shall assure that services are provided in, or as close to, a person’s home community as feasible. (Added by Stats. 1978, Ch. 1232.)
  67. 4834.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 12. Community Living Continuums [4830 - 4846] ( Chapter 12 added by Stats. 1978, Ch. 1232. )

    Verify source ↗

    The Director of the Department of Developmental Services may contract with a designated agency under this chapter.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 12. Community Living Continuums [4830 - 4846] ( Chapter 12 added by Stats. 1978, Ch. 1232. ) ## 4834. The Director of the Department of Developmental Services may contract with a designated agency, pursuant to this chapter. (Added by Stats. 1978, Ch. 1232.)
  68. 4835.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 12. Community Living Continuums [4830 - 4846] ( Chapter 12 added by Stats. 1978, Ch. 1232. )

    Verify source ↗

    The Director of Developmental Services may establish uniform procedures, performance and evaluation standards, and utilization criteria for designated agencies.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 12. Community Living Continuums [4830 - 4846] ( Chapter 12 added by Stats. 1978, Ch. 1232. ) ## 4835. (a) The Director of Developmental Services may establish uniform operational procedures, performance and evaluation standards, and utilization criteria for designated agencies pursuant to this chapter. (b) These standards and criteria shall be developed with participation by consumer organizations, the State Council on Developmental Disabilities, the Association of Regional Center Agencies, the State Department of Social Services, the State Department of Health Care Services, the State Department of Education, and the Department of Rehabilitation, and consultations with individuals with experience in developmental services programming. (Amended by Stats. 2014, Ch. 409, Sec. 61. (AB 1595) Effective January 1, 2015.)
  69. 4836.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 12. Community Living Continuums [4830 - 4846] ( Chapter 12 added by Stats. 1978, Ch. 1232. )

    Verify source ↗

    The director must prepare a yearly report to the Legislature about the system’s progress and effectiveness, using the state evaluation model.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 12. Community Living Continuums [4830 - 4846] ( Chapter 12 added by Stats. 1978, Ch. 1232. ) ## 4836. The director shall prepare a yearly report to the Legislature on the progress and effectiveness of the system using the state evaluation model in accordance with this division. (Added by Stats. 1978, Ch. 1232.)
  70. 4837.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 12. Community Living Continuums [4830 - 4846] ( Chapter 12 added by Stats. 1978, Ch. 1232. )

    Verify source ↗

    The Director of Developmental Services may provide advance funding, and department contracts with designated agencies may allow periodic advance payments, but any advance payment cannot exceed 25% of the total annual contract amount.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 12. Community Living Continuums [4830 - 4846] ( Chapter 12 added by Stats. 1978, Ch. 1232. ) ## 4837. The Director of Developmental Services may provide 90-day advance funding to the designated agency or community-based programs for the development or provision of continuum services under the jurisdiction of the department. Notwithstanding any other provision of law, any contract entered into by the department with a designated agency pursuant to this chapter may provide for periodic advance payments for services to be performed under such contract. No advance payment made pursuant to this section shall exceed 25 percent of the total annual contract amount. (Added by Stats. 1978, Ch. 1232.)
  71. 4839.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 12. Community Living Continuums [4830 - 4846] ( Chapter 12 added by Stats. 1978, Ch. 1232. )

    Verify source ↗

    The State Department of Developmental Services may study and prepare a plan with the State Council on Developmental Disabilities.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 12. Community Living Continuums [4830 - 4846] ( Chapter 12 added by Stats. 1978, Ch. 1232. ) ## 4839. The State Department of Developmental Services may study and prepare a plan in cooperation with the State Council on Developmental Disabilities. The plan should consider the following: (a) Necessary technical assistance, training, and evaluation to assure standards of quality and program success. (b) Maximization of existing state and federal resources available to assist persons with developmental special needs to live in the least restrictive environment possible, including the following: (1) Federal housing subsidy and assistance. (2) Supplemental security income. (3) Local social services. (4) Local and state health services and related resources. (c) Procedural standards for designated agencies, including the following: (1) Program development process. (2) Training for workers in the developmental services field. (3) Management information system. (4) Fiscal accountability and cost benefit control. (5) Establishment of contractual relationships. (6) Evaluation. (Amended by Stats. 2006, Ch. 538, Sec. 696. Effective January 1, 2007.)
  72. 4841.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 12. Community Living Continuums [4830 - 4846] ( Chapter 12 added by Stats. 1978, Ch. 1232. )

    Verify source ↗

    The Director of Developmental Services must give high priority to certain programs when reviewing, approving, and allocating Program Development Fund money for community living arrangements.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 12. Community Living Continuums [4830 - 4846] ( Chapter 12 added by Stats. 1978, Ch. 1232. ) ## 4841. Notwithstanding the provisions of Sections 4675, 4676 and 4677, the Director of Developmental Services, when reviewing, approving, and allocating money from the Program Development Fund for community living arrangements, shall give high priority to programs which may be included in a continuum. (Added by Stats. 1978, Ch. 1232.)
  73. 4843.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 12. Community Living Continuums [4830 - 4846] ( Chapter 12 added by Stats. 1978, Ch. 1232. )

    Verify source ↗

    The director may develop training, provide technical assistance, establish competency-based programs, improve information sharing, and help recruit qualified care providers and staff.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 12. Community Living Continuums [4830 - 4846] ( Chapter 12 added by Stats. 1978, Ch. 1232. ) ## 4843. To accomplish the goals enumerated in Section 4833, the director may: (a) Develop a continuum training model and provide technical assistance to providers of community living arrangements through state and county agencies and regional center professional collaboration. (b) Establish competency-based training programs. (c) Centralize and increase the availability and dissemination of information regarding community living arrangements. (d) Assist the agencies in community living continuums and regional centers in the recruitment of qualified care providers and staff in order to fulfill the increasing need for quality living arrangements and support services. (Added by Stats. 1978, Ch. 1232.)
  74. 4844.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 12. Community Living Continuums [4830 - 4846] ( Chapter 12 added by Stats. 1978, Ch. 1232. )

    Verify source ↗

    The Director of Developmental Services must initiate and monitor interagency performance agreements with four state departments to support planning, coordination, and resource sharing.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 12. Community Living Continuums [4830 - 4846] ( Chapter 12 added by Stats. 1978, Ch. 1232. ) ## 4844. The Director of Developmental Services shall initiate and monitor interagency performance agreements between the Department of Rehabilitation, the State Department of Health Care Services, the State Department of Social Services, and the Department of Housing and Community Development to ensure planning, coordination, and resource sharing. (Amended by Stats. 2012, Ch. 34, Sec. 78. (SB 1009) Effective June 27, 2012.)
  75. 4845.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 12. Community Living Continuums [4830 - 4846] ( Chapter 12 added by Stats. 1978, Ch. 1232. )

    Verify source ↗

    Continuum services may include specified service types if department regulations allow it and the services are not available through other state or local programs.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 12. Community Living Continuums [4830 - 4846] ( Chapter 12 added by Stats. 1978, Ch. 1232. ) ## 4845. If authorized by regulations adopted by the department and if not available through other state or local programs, the continuum services may with respect to the designated agency, include, but shall not be limited to: (a) Family subsidy programs. (b) In-home support services. (c) Subsidized adoptive and quasi-adoptive foster care services. (d) Alternative respite services. (e) Crisis assistance. (f) Independent and semi-independent living. (g) Group living for six or fewer persons. (h) Programs to meet the special needs of individuals who are medically fragile. (i) Services to persons requiring maximum supervision due to intensive behavioral and severe developmental special needs. It is not the intent of this section to release any other state or local agency of its program responsibilities. (Added by Stats. 1978, Ch. 1232.)
  76. 4846.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 12. Community Living Continuums [4830 - 4846] ( Chapter 12 added by Stats. 1978, Ch. 1232. )

    Verify source ↗

    Regional centers and community living continuums must establish interagency agreements.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 12. Community Living Continuums [4830 - 4846] ( Chapter 12 added by Stats. 1978, Ch. 1232. ) ## 4846. Interagency agreements shall be established between the regional centers and the community living continuums to assure clear roles and responsibilities for delivery of services; and may include the Department of Rehabilitation Independent Living Programs where applicable. (Added by Stats. 1978, Ch. 1232.)
  77. 4850.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 13. Habilitation Services For Persons With Developmental Disabilities [4850 - 4867] ( Chapter 13 repealed (by Sec. 1) and added by Stats. 2003, Ch. 226, Sec. 2. )

    Verify source ↗

    The Legislature states that habilitation services for adults with developmental disabilities should be planned and provided as part of a continuum, and should be available to help them approximate everyday living patterns of nondisabled peers.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 13. Habilitation Services For Persons With Developmental Disabilities [4850 - 4867] ( Chapter 13 repealed (by Sec. 1) and added by Stats. 2003, Ch. 226, Sec. 2. ) ## 4850. (a) The Legislature reaffirms its intent that habilitation services for adults with developmental disabilities should be planned and provided as a part of a continuum and that habilitation services should be available to enable persons with developmental disabilities to approximate the pattern of everyday living available to nondisabled people of the same age. (b) The Legislature further intends that habilitation services shall be provided to adults with developmental disabilities as specified in this chapter in order to guarantee the rights stated in Section 4502. (Repealed and added by Stats. 2003, Ch. 226, Sec. 2. Effective January 1, 2004. Operative July 1, 2004, by Sec. 3 of Ch. 226.)
  78. 4850.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 13. Habilitation Services For Persons With Developmental Disabilities [4850 - 4867] ( Chapter 13 repealed (by Sec. 1) and added by Stats. 2003, Ch. 226, Sec. 2. )

    Verify source ↗

    The State Department of Developmental Services must take over the Department of Rehabilitation’s functions and responsibilities for administering the Habilitation Services Program, beginning July 1, 2004.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 13. Habilitation Services For Persons With Developmental Disabilities [4850 - 4867] ( Chapter 13 repealed (by Sec. 1) and added by Stats. 2003, Ch. 226, Sec. 2. ) ## 4850.1. Notwithstanding Section 19050.9 of the Government Code, beginning July 1, 2004, the State Department of Developmental Services shall succeed to all functions and responsibilities of the Department of Rehabilitation with respect to the administration of the Habilitation Services Program established pursuant to former Chapter 4.5 (commencing with Section 19350) of Part 2 of Division 10. (Repealed and added by Stats. 2003, Ch. 226, Sec. 2. Effective January 1, 2004. Operative July 1, 2004, by Sec. 3 of Ch. 226.)
  79. 4850.2.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 13. Habilitation Services For Persons With Developmental Disabilities [4850 - 4867] ( Chapter 13 repealed (by Sec. 1) and added by Stats. 2003, Ch. 226, Sec. 2. )

    Verify source ↗

    This section applies only to habilitation services purchased by regional centers, unless another specific provision says otherwise.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 13. Habilitation Services For Persons With Developmental Disabilities [4850 - 4867] ( Chapter 13 repealed (by Sec. 1) and added by Stats. 2003, Ch. 226, Sec. 2. ) ## 4850.2. (a) Except as otherwise specifically provided, this chapter shall only apply to those habilitation services purchased by the regional centers. (b) Nothing in this section shall be construed to abridge the rights stated in Section 4502. (Added by Stats. 2003, Ch. 226, Sec. 2. Effective January 1, 2004. Operative July 1, 2004, by Sec. 3 of Ch. 226.)
  80. 4851.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 13. Habilitation Services For Persons With Developmental Disabilities [4850 - 4867] ( Chapter 13 repealed (by Sec. 1) and added by Stats. 2003, Ch. 226, Sec. 2. )

    Verify source ↗

    This section defines key terms used in chapter 13 for habilitation services for people with developmental disabilities.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 13. Habilitation Services For Persons With Developmental Disabilities [4850 - 4867] ( Chapter 13 repealed (by Sec. 1) and added by Stats. 2003, Ch. 226, Sec. 2. ) ## 4851. The definitions contained in this chapter shall govern the construction of this chapter, with respect to habilitation services provided through the regional center, and unless the context requires otherwise, the following terms shall have the following meanings: (a) “Habilitation services” means community-based services purchased or provided for adults with developmental disabilities, including services provided under the Work Activity Program and the Supported Employment Program, to prepare and maintain them at their highest level of vocational functioning, or to prepare them for referral to vocational rehabilitation services. (b) “Individual program plan” means the overall plan developed by a regional center pursuant to Section 4646. (c) “Individual habilitation service plan” means the service plan developed by the habilitation service vendor to meet employment goals in the individual program plan. (d) “Department” means the State Department of Developmental Services. (e) “Work activity program” includes, but is not limited to, sheltered workshops or work activity centers, or community-based work activity programs certified pursuant to subdivision (f) or accredited by CARF, the Commission on Accreditation of Rehabilitation Facilities. (f) “Certification” means certification procedures developed by the Department of Rehabilitation. (g) “Work activity program day” means the period of time during which a Work Activity Program provides services to consumers. (h) “Supported employment program” means a program that meets the requirements of subdivisions (l) to (q), inclusive. (i) “Consumer” means any adult who receives services purchased under this chapter. (j) “Accreditation” means a determination of compliance with the set of standards appropriate to the delivery of services by a work activity program or supported employment program, developed by CARF, the Commission on Accreditation of Rehabilitation Facilities, and applied by the commission or the department. (k) “CARF” means the Commission on Accreditation of Rehabilitation Facilities. (l) “Supported employment” means paid work that is integrated in the community for individuals with developmental disabilities. (m) “Integrated work” means the engagement of an employee with a disability in work in a setting typically found in the community in which individuals interact with individuals without disabilities other than those who are providing services to those individuals, to the same extent that individuals without disabilities in comparable positions interact with other persons. (n) “Supported employment placement” means the employment of an individual with a developmental disability by an employer in the community, directly or through contract with a supported employment program. This includes provision of ongoing support services necessary for the individual to retain employment. (o) “Allowable supported employment services” means the services approved in the individual program plan and specified in the individual habilitation service plan for the purpose of achieving supported employment as an outcome, and may include any of the following: (1) Job development, to the extent authorized by the regional center. (2) Program staff time for conducting job analysis of supported employment opportunities for a specific consumer. (3) Program staff time for the direct supervision or training of a consumer or consumers while they engage in integrated work unless other arrangements for consumer supervision, including, but not limited to, employer supervision reimbursed by the supported employment program, are approved by the regional center. (4) Community-based training in adaptive functional and social skills necessary to ensure job adjustment and retention. (5) Counseling with a consumer’s significant other to ensure support of a consumer in job adjustment. (6) Advocacy or intervention on behalf of a consumer to resolve problems affecting the consumer’s work adjustment or retention. (7) Ongoing support services needed to ensure the consumer’s retention of the job. (p) “Group services” means job coaching in a group supported employment placement at a job coach-to-consumer ratio of not less than 1 to 2 nor more than 1 to 8 where services to a minimum of two consumers are funded by the regional center or the Department of Rehabilitation. For consumers receiving group services, job coaching shall be provided at the worksite. (q) “Individualized services” means job coaching and other supported employment services for regional center-funded consumers in a supported employment placement at a job coach-to-consumer ratio of 1 to 1, and that decrease over time until stabilization is achieved. Individualized services may be provided on or off the jobsite. (Amended by Stats. 2025, Ch. 12, Sec. 11. (AB 143) Effective June 27, 2025.)
  81. 4852.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 13. Habilitation Services For Persons With Developmental Disabilities [4850 - 4867] ( Chapter 13 repealed (by Sec. 1) and added by Stats. 2003, Ch. 226, Sec. 2. )

    Verify source ↗

    A consumer must be referred to a habilitation services provider when the person is an adult with a developmental disability and has been determined to need and choose habilitation services through the individual program planning process.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 13. Habilitation Services For Persons With Developmental Disabilities [4850 - 4867] ( Chapter 13 repealed (by Sec. 1) and added by Stats. 2003, Ch. 226, Sec. 2. ) ## 4852. A consumer shall be referred to a provider of habilitation services under this chapter when all of the following apply: (a) The individual is an adult who has been diagnosed as having a developmental disability. (b) The individual is determined to be in need of and has chosen habilitation services through the individual program planning process pursuant to Section 4646. (Repealed and added by Stats. 2003, Ch. 226, Sec. 2. Effective January 1, 2004. Operative July 1, 2004, by Sec. 3 of Ch. 226.)
  82. 4853.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 13. Habilitation Services For Persons With Developmental Disabilities [4850 - 4867] ( Chapter 13 repealed (by Sec. 1) and added by Stats. 2003, Ch. 226, Sec. 2. )

    Verify source ↗

    If an eligible referral has been made and the individual is placed in a work activity program, the individual is treated as presumptively eligible for up to 90 days.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 13. Habilitation Services For Persons With Developmental Disabilities [4850 - 4867] ( Chapter 13 repealed (by Sec. 1) and added by Stats. 2003, Ch. 226, Sec. 2. ) ## 4853. (a) When a referral for habilitation services pursuant to Section 4852 has been made and if the individual is placed in a work activity program, he or she shall be deemed presumptively eligible for a period not to exceed 90 days. (b) During the period of presumptive eligibility, the work activity program shall submit a work skills evaluation report to the regional center. The work skills evaluation report shall reflect the performance of the consumer in all of the following areas: (1) Appropriate behavior to safely conduct himself or herself in a work setting. (2) Adequate attention span to reach a productivity level in paid work. (3) Ability to understand and act on simple instructions within a reasonable length of time. (4) Ability to communicate basic needs and understand basic receptive language. (5) Attendance level. (c) During the period of presumptive eligibility, the individual program plan planning team shall, pursuant to Section 4646, utilize the work skills evaluation report to determine the appropriateness of the referral. (Repealed and added by Stats. 2003, Ch. 226, Sec. 2. Effective January 1, 2004. Operative July 1, 2004, by Sec. 3 of Ch. 226.)
  83. 4854.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 13. Habilitation Services For Persons With Developmental Disabilities [4850 - 4867] ( Chapter 13 repealed (by Sec. 1) and added by Stats. 2003, Ch. 226, Sec. 2. )

    Verify source ↗

    The habilitation service provider must create specific, measurable objectives in the individual habilitation service plan to assess whether the consumer can reach or maintain employment goals.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 13. Habilitation Services For Persons With Developmental Disabilities [4850 - 4867] ( Chapter 13 repealed (by Sec. 1) and added by Stats. 2003, Ch. 226, Sec. 2. ) ## 4854. In developing the individual habilitation service plan pursuant to Section 4853, the habilitation service provider shall develop specific and measurable objectives to determine whether the consumer demonstrates ability to reach or maintain individual employment goals in all of the following areas: (a) Participation in paid work for a specified period of time. (b) Obtaining or sustaining a specified productivity rate. (c) Obtaining or sustaining a specified attendance level. (d) Demonstration of appropriate behavior for a work setting. (Repealed and added by Stats. 2003, Ch. 226, Sec. 2. Effective January 1, 2004. Operative July 1, 2004, by Sec. 3 of Ch. 226.)
  84. 4854.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 13. Habilitation Services For Persons With Developmental Disabilities [4850 - 4867] ( Chapter 13 repealed (by Sec. 1) and added by Stats. 2003, Ch. 226, Sec. 2. )

    Verify source ↗

    The individual program plan planning team must meet when necessary to review certain placement and service issues.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 13. Habilitation Services For Persons With Developmental Disabilities [4850 - 4867] ( Chapter 13 repealed (by Sec. 1) and added by Stats. 2003, Ch. 226, Sec. 2. ) ## 4854.1. The individual program plan planning team, shall, pursuant to Section 4646, meet, when it is necessary to review any of the following: (a) The appropriateness of job placement. (b) The appropriateness of the services available at the Work Activity Program or Supported Employment Program. (c) The individual habilitation service plan. (Added by Stats. 2003, Ch. 226, Sec. 2. Effective January 1, 2004. Operative July 1, 2004, by Sec. 3 of Ch. 226.)
  85. 4855.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 13. Habilitation Services For Persons With Developmental Disabilities [4850 - 4867] ( Chapter 13 repealed (by Sec. 1) and added by Stats. 2003, Ch. 226, Sec. 2. )

    Verify source ↗

    If an eligible individual is referred to the Department of Rehabilitation and ends up on its vocational rehabilitation waiting list, the regional center must authorize appropriate services until vocational rehabilitation services are available.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 13. Habilitation Services For Persons With Developmental Disabilities [4850 - 4867] ( Chapter 13 repealed (by Sec. 1) and added by Stats. 2003, Ch. 226, Sec. 2. ) ## 4855. When an individual who is eligible for habilitation services under this chapter is referred to the Department of Rehabilitation for vocational rehabilitation services, including supported employment services, and is placed on a Department of Rehabilitation waiting list for vocational rehabilitation as a result of the Department of Rehabilitation’s order of selection regulations, the regional center shall authorize appropriate services for the individual pursuant to this chapter as needed until services can be provided by the vocational rehabilitation program. (Repealed and added by Stats. 2003, Ch. 226, Sec. 2. Effective January 1, 2004. Operative July 1, 2004, by Sec. 3 of Ch. 226.)
  86. 4856.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 13. Habilitation Services For Persons With Developmental Disabilities [4850 - 4867] ( Chapter 13 repealed (by Sec. 1) and added by Stats. 2003, Ch. 226, Sec. 2. )

    Verify source ↗

    The regional center must oversee habilitation services providers and may impose sanctions for noncompliance or safety violations, with limits and review rights for providers.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 13. Habilitation Services For Persons With Developmental Disabilities [4850 - 4867] ( Chapter 13 repealed (by Sec. 1) and added by Stats. 2003, Ch. 226, Sec. 2. ) ## 4856. (a) The regional center shall monitor, evaluate, and audit habilitation services providers for program effectiveness, using performance criteria that include, but are not limited to, all of the following: (1) Service quality. (2) Protections for individuals receiving services. (3) Compliance with applicable CARF standards. (b) (1) The regional center may impose immediate sanctions on providers of work activity programs and supported employment programs for noncompliance with accreditation or services standards contained in regulations adopted by the department, and for safety violations which pose a threat to consumers of habilitation services. (2) Sanctions include, but are not limited to, the following: (A) A moratorium on new referrals. (B) Imposition of a corrective plan as specified in regulations. (C) Removal of consumers from a service area where dangerous conditions or abusive conditions exist. (D) Termination of vendorization. (c) A moratorium on new referrals may be the first formal sanction to be taken except in instances where consumers are at imminent risk of abuse or other harm. When the regional center determines a moratorium on new referrals to be the first formal sanction, a corrective action plan shall be developed. The moratorium shall be lifted only when the conditions cited are corrected per a corrective action plan. (d) A corrective action plan is a formal sanction, that may be imposed either simultaneously with a moratorium on new referrals, or as a single sanction in circumstances that do not require a moratorium, as determined by the regional center. Noncompliance with the conditions and timelines of the corrective action plan shall result in termination of vendorization. (e) Removal of consumers from a program shall only take place where dangerous or abusive conditions are present, or upon termination of vendorization. In instances of removal for health and safety reasons, when the corrections are made by the program, as determined by the regional center, consumers may return, at their option. (f) Any provider sanctioned under subparagraph (B) or (C) of paragraph (2) of subdivision (b) may request an administrative review as specified in Section 4648.1. (g) Any provider sanctioned under subparagraph (D) of paragraph (2) of subdivision (b) shall have a right to a formal review by the Office of Administrative Hearings under Chapter 4 (commencing with Section 11370) of Part 1 of Division 3 of Title 2 of the Government Code. (h) Effective July 1, 2004, if a habilitation services provider is under sanction under former Section 19354.5, the provider shall complete the requirements of the corrective action plan or any other terms or conditions imposed upon it as part of the sanctions. At the end of the term of the corrective action plan or other compliance requirements, the services provider shall be evaluated by the regional center based upon the requirements in this section. (Repealed and added by Stats. 2003, Ch. 226, Sec. 2. Effective January 1, 2004. Operative July 1, 2004, by Sec. 3 of Ch. 226.)
  87. 4857.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 13. Habilitation Services For Persons With Developmental Disabilities [4850 - 4867] ( Chapter 13 repealed (by Sec. 1) and added by Stats. 2003, Ch. 226, Sec. 2. )

    Verify source ↗

    The regional center must purchase habilitation services under the individual program plan, and those services must continue while progress is satisfactory or while the regional center determines they are needed for vocational functioning or referral to vocational rehabilitation.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 13. Habilitation Services For Persons With Developmental Disabilities [4850 - 4867] ( Chapter 13 repealed (by Sec. 1) and added by Stats. 2003, Ch. 226, Sec. 2. ) ## 4857. The regional center shall purchase habilitation services pursuant to the individual program plan. Habilitation services shall continue as long as satisfactory progress is being made toward achieving the objectives of the individual habilitation service plan or as long as these services are determined by the regional center to be necessary to maintain the individual at their highest level of vocational functioning, or to prepare the individual for referral to vocational rehabilitation services. (Repealed and added by Stats. 2003, Ch. 226, Sec. 2. Effective January 1, 2004. Operative July 1, 2004, by Sec. 3 of Ch. 226.)
  88. 4857.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 13. Habilitation Services For Persons With Developmental Disabilities [4850 - 4867] ( Chapter 13 repealed (by Sec. 1) and added by Stats. 2003, Ch. 226, Sec. 2. )

    Verify source ↗

    Regional centers may buy habilitation services only from vendored providers, with a deemed-approved vendor rule for certain providers serving consumers on July 1, 2004.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 13. Habilitation Services For Persons With Developmental Disabilities [4850 - 4867] ( Chapter 13 repealed (by Sec. 1) and added by Stats. 2003, Ch. 226, Sec. 2. ) ## 4857.1. Regional centers may purchase habilitation services only from providers who are vendored as described in Section 4861 and regulations promulgated pursuant to that section. Habilitation services providers who, on July 1, 2004, are providing services to consumers shall be deemed to be an approved vendor. (Amended by Stats. 2025, Ch. 12, Sec. 12. (AB 143) Effective June 27, 2025.)
  89. 4858.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 13. Habilitation Services For Persons With Developmental Disabilities [4850 - 4867] ( Chapter 13 repealed (by Sec. 1) and added by Stats. 2003, Ch. 226, Sec. 2. )

    Verify source ↗

    Work activity program vendors must review consumers’ status at least annually and, if a consumer would benefit from vocational rehabilitation services, refer the consumer to the Department of Rehabilitation.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 13. Habilitation Services For Persons With Developmental Disabilities [4850 - 4867] ( Chapter 13 repealed (by Sec. 1) and added by Stats. 2003, Ch. 226, Sec. 2. ) ## 4858. (a) Each work activity program vendor shall, at a minimum, annually review the status of consumers participating in their program to determine whether these individuals would benefit from vocational rehabilitation services, including supported employment. (b) If it is determined that the consumer would benefit from vocational rehabilitation services, the work activity program vendor shall, in conjunction with the regional center and in accordance with the individual program plan process, refer the consumer to the Department of Rehabilitation. (Repealed and added by Stats. 2003, Ch. 226, Sec. 2. Effective January 1, 2004. Operative July 1, 2004, by Sec. 3 of Ch. 226.)
  90. 4859.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 13. Habilitation Services For Persons With Developmental Disabilities [4850 - 4867] ( Chapter 13 repealed (by Sec. 1) and added by Stats. 2003, Ch. 226, Sec. 2. )

    Verify source ↗

    The department must set work activity program rates by regulation, with Finance approval, and regional centers must pay those rates.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 13. Habilitation Services For Persons With Developmental Disabilities [4850 - 4867] ( Chapter 13 repealed (by Sec. 1) and added by Stats. 2003, Ch. 226, Sec. 2. ) ## 4859. (a) The department shall adopt regulations to establish rates for work activity program services subject to the approval of the Department of Finance. The regulations shall provide for an equitable and cost-effective ratesetting procedure in which each specific allowable service, activity, and provider administrative cost comprising an overall habilitation service, as determined by the department, reflects the reasonable cost of service. Reasonable costs shall be determined biennially by the department, subject to audit at the discretion of the department. (b) The department shall adopt the existing work activity program rates as of July 1, 2004, that shall remain in effect until the next ratesetting year. (c) Notwithstanding paragraph (4) of subdivision (a) of Section 4648, the regional center shall pay the work activity program rates established by the department. (Repealed and added by Stats. 2003, Ch. 226, Sec. 2. Effective January 1, 2004. Operative July 1, 2004, by Sec. 3 of Ch. 226.)
  91. 4860.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 13. Habilitation Services For Persons With Developmental Disabilities [4850 - 4867] ( Chapter 13 repealed (by Sec. 1) and added by Stats. 2003, Ch. 226, Sec. 2. )

    Verify source ↗

    The department must set and post supported employment service rates, regional centers must pay those rates, and the department must conduct an annual provider survey and report its results. A regional center may stop funding a group if group size falls below the required minimum, unless the group is replenished within 90 days.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 13. Habilitation Services For Persons With Developmental Disabilities [4850 - 4867] ( Chapter 13 repealed (by Sec. 1) and added by Stats. 2003, Ch. 226, Sec. 2. ) ## 4860. (a) (1) The hourly rate for supported employment services shall be set by the department and posted to its internet website. (2) Job coach hours spent in travel to consumer worksites may be reimbursable for individualized services only when the job coach travels from the vendor’s headquarters to the consumer’s worksite or from one consumer’s worksite to another, and only when the travel is one way. (b) The hourly rate for group services shall be set by the department and posted to its internet website. Consumers in a group shall be scheduled to start and end work at the same time, unless an exception that takes into consideration the consumer’s compensated work schedule is approved in advance by the regional center. The department, in consultation with stakeholders, shall adopt regulations to define the appropriate grounds for granting these exceptions. When the number of consumers in a supported employment placement group drops to fewer than the minimum required in subdivision (p) of Section 4851, the regional center may terminate funding for the group services in that group, unless, within 90 days, the program provider adds one or more regional centers, or Department of Rehabilitation-funded supported employment consumers to the group. (c) When Section 4855 applies, fees shall be authorized for the following: (1) A three-hundred-sixty-dollar ($360) fee shall be paid to the program provider upon intake of a consumer into a supported employment program. No fee shall be paid if that consumer completed a supported employment intake process with that same supported employment program within the previous 12 months. (2) A seven-hundred-twenty-dollar ($720) fee shall be paid upon placement of a consumer in an integrated job, except that no fee shall be paid if that consumer is placed with another consumer or consumers assigned to the same job coach during the same hours of employment. (3) A seven-hundred-twenty-dollar ($720) fee shall be paid after a 90-day retention of a consumer in a job, except that no fee shall be paid if that consumer has been placed with another consumer or consumers, assigned to the same job coach during the same hours of employment. (d) Notwithstanding paragraph (4) of subdivision (a) of Section 4648, the regional center shall pay the supported employment program rates established by this section. (e) The department, with regional center participation, shall conduct an annual survey of providers, in a format determined by the department, to collect the following information: (1) The number of employment placements in the previous 12 months. (2) Types of employment in which consumers are placed. (3) The cost components of the rates in subdivisions (a) and (b), including, but not limited to, the amount used for hourly wages of job coaches, administration, and placement search costs. (4) The number of hours each consumer works and the consumer’s hourly wage. (5) Any other information determined by the department. (f) In its 2017–18 May Revision fiscal estimate, the department shall describe the results of the survey described in subdivision (e). (Amended by Stats. 2025, Ch. 12, Sec. 13. (AB 143) Effective June 27, 2025.)
  92. 4861.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 13. Habilitation Services For Persons With Developmental Disabilities [4850 - 4867] ( Chapter 13 repealed (by Sec. 1) and added by Stats. 2003, Ch. 226, Sec. 2. )

    Verify source ↗

    The regional center may vendor or buy services from certain programs if specified conditions are met, and CARF must accredit a vendored program within four years.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 13. Habilitation Services For Persons With Developmental Disabilities [4850 - 4867] ( Chapter 13 repealed (by Sec. 1) and added by Stats. 2003, Ch. 226, Sec. 2. ) ## 4861. The regional center may vendor new work activity or supported employment programs, after determining the capacity of the program to deliver effective services, and assessing the ability of the program to comply with CARF requirements. (a) Programs that receive the regional center’s approval to provide supported employment services shall receive rates in accordance with Section 4860. (b) A new work activity program shall receive the rate posted on the department’s internet website. (c) The regional center may purchase services from new work activity programs and supported employment programs, even though the program in not yet accredited by CARF, if all of the following apply: (1) The vendor can demonstrate that the program is in compliance with certification standards established by the Department of Rehabilitation, to allow a period for becoming CARF accredited. (2) (A) The program commits, in writing, to apply for accreditation by CARF within three years of the approval to purchase services by the regional center. (B) CARF shall accredit a program within four years after the program has been vendored. (d) The regional center may approve or disapprove proposals submitted by new or existing vendors based on all of the following criteria to the extent that it is federally permissible: (1) The need for a work activity or supported employment program. (2) The capacity of the vendor to deliver work activity or supported employment services effectively. (3) The ability of the vendor to comply with the requirements of this section. (4) The ability of the vendor to achieve integrated paid work for consumers served in supported employment. (Amended by Stats. 2025, Ch. 12, Sec. 14. (AB 143) Effective June 27, 2025.)
  93. 4862.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 13. Habilitation Services For Persons With Developmental Disabilities [4850 - 4867] ( Chapter 13 repealed (by Sec. 1) and added by Stats. 2003, Ch. 226, Sec. 2. )

    Verify source ↗

    Work activity program days must be at least five hours, with limited approval-based exceptions.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 13. Habilitation Services For Persons With Developmental Disabilities [4850 - 4867] ( Chapter 13 repealed (by Sec. 1) and added by Stats. 2003, Ch. 226, Sec. 2. ) ## 4862. (a) The length of a work activity program day shall not be less than five hours, excluding the lunch period. (b) (1) Except as provided in paragraph (2), the length of a work activity program day shall not be reduced from the length of the work activity program day in the historical period that was the basis for the approved habilitation services rate. (2) (A) A work activity program may, upon consultation with, and prior written approval from, the regional center, change the length of a work activity program day. (B) If the regional center approves a reduction in the work activity program day pursuant to subparagraph (A), the department may change the work activity program rate. (c) (1) A work activity program may change the length of a work activity program day for a specific consumer in order to meet the needs of that consumer, if the regional center, upon the recommendation of the individual program planning team, approves the change. (2) The work activity program shall specify in writing to the regional center the reasons for any proposed change in a work activity program day on an individual basis. (Amended (as being added July 1, 2004, by Stats. 2003, Ch. 226) by Stats. 2003, Ch. 886, Sec. 3. Effective January 1, 2004. Operative July 1, 2004, by Sec. 4 of Ch. 886.)
  94. 4863.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 13. Habilitation Services For Persons With Developmental Disabilities [4850 - 4867] ( Chapter 13 repealed (by Sec. 1) and added by Stats. 2003, Ch. 226, Sec. 2. )

    Verify source ↗

    Hourly billing is allowed for a work activity program only under stated conditions, and the program must request it at least 60 days before implementation.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 13. Habilitation Services For Persons With Developmental Disabilities [4850 - 4867] ( Chapter 13 repealed (by Sec. 1) and added by Stats. 2003, Ch. 226, Sec. 2. ) ## 4863. (a) In accordance with regulations adopted by the department, and if agreed upon by the work activity program and the regional center, hourly billing shall be permitted, provided that it does not increase the regional center’s costs when used in lieu of full-day billing. A work activity program shall be required to submit a request for the hourly billing option to the regional center not less than 60 days prior to the program’s proposed implementation of this billing option. (b) If a work activity program and the regional center elect to utilize hourly billing, the hourly billing process shall be required to be used for a minimum of one year. (c) When the hourly billing process is being used, the definitions contained in subdivisions (h) and (i) of Section 4851 shall not apply. (Amended by Stats. 2022, Ch. 49, Sec. 80. (SB 188) Effective June 30, 2022.)
  95. 4864.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 13. Habilitation Services For Persons With Developmental Disabilities [4850 - 4867] ( Chapter 13 repealed (by Sec. 1) and added by Stats. 2003, Ch. 226, Sec. 2. )

    Verify source ↗

    The department must authorize payment for certain absences tied to a governor-declared state of emergency, and vendors may bill only for excess absences under that rule.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 13. Habilitation Services For Persons With Developmental Disabilities [4850 - 4867] ( Chapter 13 repealed (by Sec. 1) and added by Stats. 2003, Ch. 226, Sec. 2. ) ## 4864. The department shall authorize payment for absences in work activity programs and supported employment programs that are directly consequent to a declaration of a State of Emergency by the Governor. If the department authorizes payment for absences due to a state of emergency, the vendor shall bill only for absences in excess of the average number of absences experienced by the vendor during the 12-month period prior to the month in which the disaster occurred. (Repealed and added by Stats. 2003, Ch. 226, Sec. 2. Effective January 1, 2004. Operative July 1, 2004, by Sec. 3 of Ch. 226.)
  96. 4865.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 13. Habilitation Services For Persons With Developmental Disabilities [4850 - 4867] ( Chapter 13 repealed (by Sec. 1) and added by Stats. 2003, Ch. 226, Sec. 2. )

    Verify source ↗

    A work activity or supported employment program must release certain reports when the Department of Rehabilitation requests them, especially in suspected abuse situations.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 13. Habilitation Services For Persons With Developmental Disabilities [4850 - 4867] ( Chapter 13 repealed (by Sec. 1) and added by Stats. 2003, Ch. 226, Sec. 2. ) ## 4865. At the request of the Department of Rehabilitation, a work activity or supported employment program or both shall release accreditation and state licensing reports and consumer special incident reports as required by law or regulations in instances of suspected abuse. (Repealed and added by Stats. 2003, Ch. 226, Sec. 2. Effective January 1, 2004. Operative July 1, 2004, by Sec. 3 of Ch. 226.)
  97. 4865.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 13. Habilitation Services For Persons With Developmental Disabilities [4850 - 4867] ( Chapter 13 repealed (by Sec. 1) and added by Stats. 2003, Ch. 226, Sec. 2. )

    Verify source ↗

    A regional center must keep paying the June 30, 2004 rate for a qualified supported employment placement group if the provider submits the required documentation by July 30, 2004 and the listed conditions are met.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 13. Habilitation Services For Persons With Developmental Disabilities [4850 - 4867] ( Chapter 13 repealed (by Sec. 1) and added by Stats. 2003, Ch. 226, Sec. 2. ) ## 4865.1. (a) A regional center shall continue to pay the rate in effect as of June 30, 2004, for a supported employment placement group composed of a coach-to-client ratio of 1:3 when the provider submits to the State Department of Developmental Services and the regional center, by July 30, 2004, documentation that all of the following conditions apply: (1) The group was established prior to July 1, 2002. (2) The group was at the 1:3 ratio on May 1, 2004. (3) The employer will only accommodate a group of three. (b) In consultation with the regional center, the State Department of Developmental Services shall determine whether the requirements of this section have been met. The department’s decision shall be final. (c) Groups paid under this section shall meet the requirements of subdivision (r) of Section 4851 by July 1, 2005, or be subject to termination of funding pursuant to subdivision (b) of Section 4860. (Added by Stats. 2004, Ch. 228, Sec. 9.4. Effective August 16, 2004.)
  98. 4866.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 13. Habilitation Services For Persons With Developmental Disabilities [4850 - 4867] ( Chapter 13 repealed (by Sec. 1) and added by Stats. 2003, Ch. 226, Sec. 2. )

    Verify source ↗

    The department may issue emergency regulations to carry out this chapter.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 13. Habilitation Services For Persons With Developmental Disabilities [4850 - 4867] ( Chapter 13 repealed (by Sec. 1) and added by Stats. 2003, Ch. 226, Sec. 2. ) ## 4866. The department may promulgate emergency regulations to carry out the provisions of this chapter. If the Department of Developmental Services promulgates emergency regulations, the adoption of the regulations shall be deemed necessary for the immediate preservation of the public peace, health and safety, or general welfare for purposes of subdivision (b) of Section 11346.1 of the Government Code. (Repealed and added by Stats. 2003, Ch. 226, Sec. 2. Effective January 1, 2004. Operative July 1, 2004, by Sec. 3 of Ch. 226.)
  99. 4867.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 13. Habilitation Services For Persons With Developmental Disabilities [4850 - 4867] ( Chapter 13 repealed (by Sec. 1) and added by Stats. 2003, Ch. 226, Sec. 2. )

    Verify source ↗

    This chapter must not be read to mean that work activity programs or supported employment programs cannot serve consumers funded by agencies other than regional centers.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 13. Habilitation Services For Persons With Developmental Disabilities [4850 - 4867] ( Chapter 13 repealed (by Sec. 1) and added by Stats. 2003, Ch. 226, Sec. 2. ) ## 4867. Nothing in this chapter shall be interpreted to mean that work activity programs or supported employment programs cannot serve consumers who are funded by agencies other than regional centers, including, but not limited to, the Department of Rehabilitation. (Added by Stats. 2003, Ch. 226, Sec. 2. Effective January 1, 2004. Operative July 1, 2004, by Sec. 3 of Ch. 226.)
  100. 4868.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 14. Employment [4868 - 4870.2] ( Chapter 14 added by Stats. 2009, Ch. 231, Sec. 2. )

    Verify source ↗

    This section defines several employment terms, including competitive employment, integrated employment, microenterprises, and self-employment.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 14. Employment [4868 - 4870.2] ( Chapter 14 added by Stats. 2009, Ch. 231, Sec. 2. ) ## 4868. For purposes of this chapter, the following definitions shall apply: (a) “Competitive employment” means work in the competitive labor market that is performed on a full-time or part-time basis in an integrated setting and for which an individual is compensated at or above the minimum wage, but not less than the customary wage and level of benefits paid by the employer for the same or similar work performed by individuals who are not disabled. (b) “Integrated employment” means “integrated work,” as defined in Section 4851. (c) “Microenterprises” means small businesses owned by individuals with developmental disabilities who have control and responsibility for decisionmaking and overseeing the business, with accompanying business licenses, taxpayer identification numbers other than social security numbers, and separate business bank accounts. Microenterprises may be considered integrated competitive employment. (d) “Self-employment” means an employment setting in which an individual works in a chosen occupation, for profit or fee, in the individual’s own small business, with control and responsibility for decisions affecting the conduct of the business. (e) This section shall become operative on July 1, 2024. (Repealed (in Sec. 26) and added by Stats. 2023, Ch. 44, Sec. 27. (AB 121) Effective July 10, 2023. Operative July 1, 2024, by its own provisions.)
  101. 4868.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 14. Employment [4868 - 4870.2] ( Chapter 14 added by Stats. 2009, Ch. 231, Sec. 2. )

    Verify source ↗

    This section creates the Office of Employment First, gives it coordination, reporting, and advisory responsibilities, and authorizes the Chief Employment First Officer to oversee reporting and data-related work.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 14. Employment [4868 - 4870.2] ( Chapter 14 added by Stats. 2009, Ch. 231, Sec. 2. ) ## 4868.5. (a) There is in the California Health and Human Services Agency the Office of Employment First. (b) The office’s mission is to coordinate the Employment First Policy, as described in Section 4869, in order to reduce redundancy, ensure coordination of all employment support services across all agencies and departments, avoid fragmentation of services, guide strategic planning, and promote racial equity toward employment for individuals with developmental disabilities. (c) The office shall have all of the following responsibilities: (1) Identify and disseminate best practices. (2) Develop effective strategies for partnerships with entities, including, but not limited to, employers, foundations, advocates, and other entities committed to creating integrated community employment opportunities. (3) Provide technical assistance, as requested, to develop and implement strategies for equity in employment. (4) Make recommendations for legislative, regulatory, and policy changes consistent with the Employment First Policy, as described in Section 4869. (d) The office shall be under the control of an executive officer known as the Chief Employment First Officer who has the authority to do all of the following: (1) Establish or improve reporting mechanisms to measure the success of employment programs for individuals with developmental disabilities and drive quality improvement. (2) Monitor progress on employment for individuals with developmental disabilities, including, but not limited to, preparing monitoring instruments and issuing reports. (3) Link data collection systems across state government entities through the development of a unique identification system. (4) Track, analyze, and publicize service code utilization and vocational outcomes across the system. (e) (1) The office shall form a standing Employment First Committee consisting of all of the following members: (A) At least one designee of each of the members of the State Council on Developmental Disabilities specified in subparagraphs (B), (C), (D), (F), and (H) of paragraph (2) of subdivision (b) of Section 4521. (B) A member of the consumer advisory committee of the state council. (2) The responsibilities of the committee shall include, but need not be limited to, identifying ways services can be coordinated by state and local agencies to avoid disconnection of services and to improve accessibility of services. (f) On or before June 30, 2025, and annually thereafter, the office shall provide a report to the appropriate policy committees of the Legislature and to the Governor describing its work and recommendations made pursuant to this section. (g) This section shall become operative on July 1, 2024. (Added by Stats. 2023, Ch. 44, Sec. 28. (AB 121) Effective July 10, 2023. Operative July 1, 2024, by its own provisions.)
  102. 4869.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 14. Employment [4868 - 4870.2] ( Chapter 14 added by Stats. 2009, Ch. 231, Sec. 2. )

    Verify source ↗

    California’s Employment First Policy gives highest priority to integrated, competitive employment for working-age people with developmental disabilities, and requires related information-sharing and planning steps.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 14. Employment [4868 - 4870.2] ( Chapter 14 added by Stats. 2009, Ch. 231, Sec. 2. ) ## 4869. (a) (1) In furtherance of the purposes of this division to make services and supports available to enable persons with developmental disabilities to approximate the pattern of everyday living available to people without disabilities of the same age, to support the integration of persons with developmental disabilities into the mainstream life of the community, and to bring about more independent, productive, and normal lives for the persons served, it is the policy of the state that opportunities for integrated, competitive employment shall be given the highest priority for working age individuals with developmental disabilities, regardless of the severity of their disabilities. This policy shall be known as the Employment First Policy. (2) Implementation of the policy shall be consistent with, and shall not infringe upon, the rights established pursuant to this division, including the right of people with developmental disabilities to make informed choices with respect to services and supports through the individual program planning process. (3) Integrated competitive employment is intended to be the first option considered by planning teams for working age individuals, but individuals may choose goals other than integrated competitive employment. (4) Postsecondary education, technical or vocational training, and internship programs may be considered as a means to achieve integrated competitive employment or career advancement. (5) This chapter shall not be construed to expand the existing entitlement to services for persons with developmental disabilities described in this division. (6) This chapter shall not alleviate schools of their responsibility to provide transition services to individuals with developmental disabilities. (b) The State Council on Developmental Disabilities shall develop an informational brochure about the Employment First Policy, translate the brochure into various languages, and post the brochure on its Internet Web site. (c) Regional centers shall provide consumers 16 years of age or older, and, when appropriate, their parents, legal guardians, conservators, or authorized representative with information, in an understandable form, about the Employment First Policy, options for integrated competitive employment, and services and supports, including postsecondary education, that are available to enable the consumer to transition from school to work, and to achieve the outcomes of obtaining and maintaining integrated competitive employment. (d) The department may request information from regional centers on current and planned activities related to the Employment First Policy. A contract between the department and a regional center shall include performance objectives relating to implementation of the Employment First Policy, as described in subdivision (c) of Section 4629. (Amended by Stats. 2017, Ch. 18, Sec. 24. (AB 107) Effective June 27, 2017.)
  103. 4870.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 14. Employment [4868 - 4870.2] ( Chapter 14 added by Stats. 2009, Ch. 231, Sec. 2. )

    Verify source ↗

    The department must run a paid internship program for individuals with developmental disabilities, with reporting and payment rules tied to placement milestones.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 14. Employment [4868 - 4870.2] ( Chapter 14 added by Stats. 2009, Ch. 231, Sec. 2. ) ## 4870. (a) To encourage competitive integrated employment opportunities statewide for individuals with developmental disabilities, the department shall establish guidelines and oversee a program, to the extent funds are appropriated in the annual Budget Act for this purpose, to increase paid internship opportunities for individuals with developmental disabilities that produce outcomes consistent with the individual program plan. The department shall consult with the State Council on Developmental Disabilities, regional centers, employers, supported employment provider organizations, and clients’ rights advocates, to establish a program that shall be administered by community service providers and that meets all of the following criteria: (1) Internships shall not exceed 1,040 hours per year for each individual placed in an internship. (2) Payments for internship hours under this program shall include all required employer-related costs. (3) Individuals participating in an internship shall be paid at or above minimum wage and equal to the customary wage paid by the employer for the same or similar work performed by individuals who do not have disabilities. (4) A payment of seven hundred fifty dollars ($750) shall be made to the regional center service provider if both of the following apply: (A) On or after July 1, 2021, the regional center provider places an individual in a paid internship opportunity. (B) That individual remains in the paid internship after 30 consecutive days. (5) An additional payment of one thousand dollars ($1,000) shall be made to the regional center provider for an individual described in paragraph (4) who remains in the paid internship for 60 consecutive days. (6) Placements shall be made into competitive, integrated work environments. (7) Placements shall be made into internships that develop vocational skills that will facilitate paid employment opportunities in the future. (8) Regional centers shall increase awareness of these internships to consumers outside of current employment programs through outreach to consumers once the program is implemented, as well as during the individual program plan process. (b) The department shall require annual reporting by regional centers and vendors that ensures program accountability and achievement of program goals. This shall include, but is not limited to, all of the following: (1) The number of interns placed who might not otherwise have achieved the placement absent this internship program. (2) Types of employment in which interns are placed. (3) Length of internships. (4) Demographic information of interns. (5) Amount of each intern placement payment. (6) Employment-related supports provided by another agency or individual to the intern. (7) Number of interns who subsequently entered paid employment, including salary and benefit information. (8) Any additional information, as determined by the department. (c) (1) The department shall include in its annual May Revision fiscal estimate a description of the implementation of the program, including, but not limited to, a description of the stakeholder consultation, the data described in subdivision (b), aggregated by regional center and statewide, and any recommendations for program changes that may be necessary or desirable to maximize program effectiveness and accountability. (2) It is the intent of the Legislature that the amounts included in this section be considered for changes or adjustments as part of the budget process that develops the budget for the 2025–26 fiscal year. (d) Consistent with the individual program plan, the program shall increase sustained and appropriate competitive integrated employment placements by regional center service providers, as follows: (1) A payment of one thousand dollars ($1,000) shall be made to the regional center service provider that, on or after July 1, 2016, places an individual into competitive integrated employment, and the individual is still competitively employed after 30 consecutive days, as described in subdivision (o) of Section 4851 and subdivision (d) of Section 4868. (2) An additional payment of one thousand two hundred fifty dollars ($1,250) shall be made to the regional center service provider for an individual described in paragraph (1) who remains in competitive integrated employment for six consecutive months. (3) An additional payment of one thousand five hundred dollars ($1,500) shall be made to the regional center service provider for an individual described in paragraphs (1) and (2) who remains in competitive integrated employment for 12 consecutive months. (4) Notwithstanding paragraphs (1) to (3), inclusive, effective July 1, 2021, until June 30, 2025, the competitive integrated employment incentive payments for each milestone shall be as follows: (A) A payment of two thousand dollars ($2,000) if the individual is still engaged in competitive employment after 30 consecutive days, as described in subdivision (o) of Section 4851 and subdivision (d) of Section 4868. (B) An additional payment of two thousand five hundred dollars ($2,500), if the individual in subparagraph (A) remains in competitive integrated employment for six consecutive months. (C) An additional payment of three thousand dollars ($3,000), if the individual in subparagraph (B) remains in competitive integrated employment for 12 consecutive months. (e) Regional centers shall annually report to the department the payments for placements pursuant to subdivision (d). The information shall be reported in a format determined by the department, and shall include the number of individuals placed in internships or other employment as described in this section each year. (f) The payments made pursuant to this section shall not be in addition to the placement payments made pursuant to subdivision (c) of Section 4860. (g) Regional center service providers that place individuals into internships under subdivision (a) are not eligible for the employment placement incentives under this section, until the individual is transitioned into a competitive integrated employment placement that is not funded as an internship. (Amended by Stats. 2025, Ch. 12, Sec. 15. (AB 143) Effective June 27, 2025.)
  104. 4870.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 14. Employment [4868 - 4870.2] ( Chapter 14 added by Stats. 2009, Ch. 231, Sec. 2. )

    Verify source ↗

    The department must create a program to increase pathways to competitive integrated employment, consult specified stakeholders, fund contracts or grants for innovative strategies, and report implementation details in its annual May Revision fiscal estimate.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 14. Employment [4868 - 4870.2] ( Chapter 14 added by Stats. 2009, Ch. 231, Sec. 2. ) ## 4870.1. (a) In addition to the program described Section 4870, subject to an appropriation in the Budget Act, the department shall establish, by December 31, 2021, a program to increase pathways to competitive integrated employment that shall meet both of the following requirements: (1) (A) Be developed in consultation with stakeholders as specified in subparagraph (B). (B) Consultation with stakeholders pursuant to subparagraph (A) shall commence no later than September 30, 2021, and shall include individuals with disabilities, including those served by the program, family members, employers and provider association representatives, consumer advocates, disability provider representatives, including regional centers, members of the Developmental Services Task Force, and legislative staff. (2) Provide contracts or grants for entities to develop and implement innovative and replicable strategies and practices to increase paid work experiences and employment opportunities for regional center consumers. (b) The department shall include in its annual May Revision fiscal estimate a description of the implementation of the program including, but not limited to, all of the following: (1) A description of the stakeholder consultation. (2) Data about the number and start date of funded grants or contracts. (3) The number of enrolled participants. (4) The number of employed participants. (5) Any recommendations for program changes that may be necessary or desirable to maximize program effectiveness. (c) 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 department may implement, interpret, or make specific this section by means of written directives or similar instructions, without taking any regulatory action. (Added by Stats. 2021, Ch. 76, Sec. 53. (AB 136) Effective July 16, 2021.)
  105. 4870.2.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 14. Employment [4868 - 4870.2] ( Chapter 14 added by Stats. 2009, Ch. 231, Sec. 2. )

    Verify source ↗

    The department must establish a three-year pilot program for people with developmental disabilities, and participating service providers must report defined outcome measures.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 14. Employment [4868 - 4870.2] ( Chapter 14 added by Stats. 2009, Ch. 231, Sec. 2. ) ## 4870.2. (a) In addition to the program described in Section 4870, subject to an appropriation in the Budget Act for this purpose, the department shall establish, by December 31, 2022, a three-year pilot program that focuses on competitive integrated employment, postsecondary education, and career readiness for individuals with developmental disabilities exiting work activity programs or secondary education in order to explore inclusive options, including, but not limited to, paid internships, competitive integrated employment, and college-to-career programs. (b) The pilot program established pursuant to subdivision (a) shall satisfy all of the following requirements: (1) Be developed in consultation with stakeholders, including, but not limited to, individuals with disabilities, including those who will be served by the program, family members, provider association representatives, consumer advocates, regional centers, the State Council on Developmental Disabilities, the State Department of Education, and the Department of Rehabilitation. The consultation described in this paragraph shall commence no later than August 31, 2022. (2) Provide person-centered and time-limited services, aligning with each individual’s needs and a person-centered approach, focused on preparing individuals for career pathways. (3) Consider evidence-based or promising practices for reducing or eliminating barriers to competitive integrated employment for people with intellectual and developmental disabilities in the development of innovated service options. (4) Require service providers participating in the pilot program to report on defined outcome measures, as determined by the department. (c) 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 department may implement, interpret, or make specific this section by means of written directives or similar instructions, without taking any regulatory action. (Added by Stats. 2022, Ch. 49, Sec. 81. (SB 188) Effective June 30, 2022.)
  106. 4875.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 15. Qualified ABLE Program [4875 - 4885] ( Chapter 15 added by Stats. 2015, Ch. 796, Sec. 2. )

    Verify source ↗

    This section defines terms used in the Qualified ABLE Program, including ABLE accounts, eligible individuals, and qualified disability expenses, and states that the section becomes operative on January 1, 2026.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 15. Qualified ABLE Program [4875 - 4885] ( Chapter 15 added by Stats. 2015, Ch. 796, Sec. 2. ) ## 4875. For purposes of this chapter: (a) “ABLE account” or “account” means the account established for and owned by a designated beneficiary pursuant to this chapter for the purpose of meeting the qualified disability expenses of the designated beneficiary of the account. (b) “Administrative fund” means the fund used to administer this chapter. (c) “Board” means the California ABLE Act Board established under this chapter. (d) “California ABLE Program Trust” or “ABLE program trust” means the trust created pursuant to this chapter. (e) “CalABLE account” means an ABLE account that is established within the program established by this chapter and administered by the board. (f) “Designated beneficiary” means the eligible individual for whom the ABLE account was established and who is the owner of the account. (g) “Eligible individual” means an individual who is eligible under the program for a taxable year if blindness or disability occurred before the date on which the individual attained 46 years of age, and during that taxable year either of the following criteria are satisfied: (1) The individual is entitled to benefits based on blindness or disability under Title II or XVI of the federal Social Security Act, and that blindness or disability occurred before the date on which the individual attained 46 years of age. (2) A disability certification, as defined in the federal ABLE Act, with respect to the individual is filed pursuant to the requirements set forth in the federal ABLE Act. (h) “Federal ABLE Act” means the federal Stephen Beck, Jr., Achieving a Better Life Experience Act of 2014 (as codified in Section 529A of Title 26 of the United States Code and amended through Public Law 117-328). (i) “Investment management” means the functions performed by a manager contracted to perform functions delegated by the board. (j) “Investment manager” means a manager contracted to perform functions delegated by the board. (k) “Program fund” means the program fund established by this chapter, which shall be held as a separate fund within the California ABLE Program Trust. (l) “Qualified ABLE Program” or “program” means the program established by this chapter to implement the federal ABLE Act pursuant to Section 529A of the Internal Revenue Code. (m) “Qualified disability expenses” means any expenses related to the eligible individual’s blindness or disability that are made for the benefit of an eligible individual who is the designated beneficiary, including the following expenses: education, housing, transportation, employment training and support, assistive technology and personal support services, health, prevention and wellness, financial management and administrative services, legal fees, expenses for oversight and monitoring, funeral and burial expenses, and other expenses, which are approved by the Secretary of the Treasury under regulations and consistent with the purposes of the federal ABLE Act. (n) This section shall become operative on January 1, 2026. (Repealed in (Sec. 3) and added by Stats. 2023, Ch. 324, Sec. 4. (AB 339) Effective January 1, 2024. Operative January 1, 2026, by its own provisions.)
  107. 4876.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 15. Qualified ABLE Program [4875 - 4885] ( Chapter 15 added by Stats. 2015, Ch. 796, Sec. 2. )

    Verify source ↗

    This section creates the California ABLE Act Board and requires the Treasurer to serve as its chair.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 15. Qualified ABLE Program [4875 - 4885] ( Chapter 15 added by Stats. 2015, Ch. 796, Sec. 2. ) ## 4876. There is hereby created the California ABLE Act Board that consists of the Treasurer, the Director of Finance, the Controller, the Director of Developmental Services, the Chairperson of the State Council on Developmental Disabilities, the Director of Rehabilitation, and the Chair of the State Independent Living Council, or their designees. The Treasurer shall serve as chair of the board. (Added by Stats. 2015, Ch. 796, Sec. 2. (SB 324) Effective January 1, 2016.)
  108. 4877.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 15. Qualified ABLE Program [4875 - 4885] ( Chapter 15 added by Stats. 2015, Ch. 796, Sec. 2. )

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    The board runs the California ABLE Program Trust and has broad powers to administer it; the Treasurer must appoint an executive director.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 15. Qualified ABLE Program [4875 - 4885] ( Chapter 15 added by Stats. 2015, Ch. 796, Sec. 2. ) ## 4877. (a) There is hereby created an instrumentality of the State of California to be known as the California ABLE Program Trust. (b) The purposes, powers, and duties of the California ABLE Program Trust are vested in, and shall be exercised by, the board. (c) The board, in the capacity of trustee, shall have the power and authority to do all of the following: (1) Sue and be sued. (2) (A) Make and enter into contracts necessary for the administration of the ABLE program trust, and engage personnel, including consultants, actuaries, managers, counsel, and auditors, as necessary for the purpose of rendering professional, managerial, and technical assistance and advice. (B) Subdivision (a) of Section 10365.5 of the Public Contract Code shall not apply to a contract with a program consultant for the Qualified ABLE Program. Any contract with a program consultant for the Qualified ABLE Program that would have been prohibited by that subdivision shall be publicly disclosed in a manner specified by the board prior to entering into the contract. (3) Adopt a corporate seal and change and amend it from time to time. (4) Cause moneys in the program fund to be held and invested and reinvested. (5) (A) Accept any grants, gifts, legislative appropriations, and other moneys from any unit of federal, state, or local government or any other person, firm, partnership, philanthropic entity, or corporation for deposit to the administrative fund or the program fund. (B) The board may also target specific subgroups of eligible individuals, as described in paragraph (C), provided that they are not limited in such a way that would conflict with the intent of the Legislature in establishing the program or other applicable law. (C) Grants, gifts, legislative appropriations, and other moneys may be used, to the extent permitted under federal and state law, to encourage eligible individuals to create an account or maximize account participation by engaging public awareness about the program. The board may partner with other public, private, or nonprofit entities to facilitate or administer such moneys. (6) Enter into agreements with designated beneficiaries or eligible individuals to establish and maintain an ABLE account. (7) Make provisions for the payment of costs of administration and operation of the ABLE program trust. (8) Carry out the duties and obligations of the ABLE program trust pursuant to this chapter and the federal ABLE Act pursuant to Section 529A of the Internal Revenue Code and federal regulations issued pursuant to that code, and have any other powers as may be reasonably necessary for the effectuation of the purposes, objectives, and provisions of this chapter. (9) Carry out studies and projections in order to advise designated beneficiaries or eligible individuals regarding present and estimated future qualified disability expenses and the levels of financial participation in the ABLE program trust required in order to assist designated beneficiaries or eligible individuals. (10) Participate in any other way in any federal, state, or local governmental program for the benefit of the ABLE program trust. (11) Promulgate, impose, and collect administrative fees and charges in connection with transactions of the ABLE program trust, and provide for reasonable service charges, including penalties for cancellations. (12) Set minimum and maximum investment levels. (13) Administer the funds of the ABLE program trust. (14) Procure insurance against any loss in connection with the property, assets, or activities of the ABLE program trust. (15) Procure insurance indemnifying any member of the board from personal loss or liability resulting from a member’s action or inaction as a member of the board. (d) The Treasurer shall, on behalf of the board, appoint an executive director, who shall not be a member of the board and who shall serve at the pleasure of the board. The Treasurer shall determine the duties of the executive director and other staff as necessary and set their compensation. The board may authorize the executive director to enter into contracts on behalf of the board or conduct any business necessary for the efficient operation of the board. (Amended by Stats. 2025, Ch. 722, Sec. 2. (AB 1076) Effective January 1, 2026.)
  109. 4878.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 15. Qualified ABLE Program [4875 - 4885] ( Chapter 15 added by Stats. 2015, Ch. 796, Sec. 2. )

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    The board must manage ABLE program money through separate funds, set investment policy, and keep the funds and reporting tied to the trust’s purposes.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 15. Qualified ABLE Program [4875 - 4885] ( Chapter 15 added by Stats. 2015, Ch. 796, Sec. 2. ) ## 4878. (a) The board shall segregate moneys received by the ABLE program trust into two funds, which shall be identified as the program fund and the administrative fund. (1) Notwithstanding Section 13340 of the Government Code, the program fund is hereby continuously appropriated, without regard to fiscal years, to the ABLE Act Board for the purposes specified in this act. (2) The moneys in the administrative fund shall be available for the ABLE Act Board, upon appropriation, for administration of the act. Administrative costs shall not exceed 3 percent of the incoming funds for each fiscal year for the first five fiscal years following the opening of the first ABLE Act account. After the five-year period, administrative costs shall not exceed 1 percent of the incoming funds for each fiscal year. (3) Funding for startup and administrative costs for the board shall be provided in the form of a loan from the General Fund sufficient to cover the board’s projected administrative costs for its first two years of implementing the program. Once the loan has been expended and revenues from the program are sufficient to cover the board’s ongoing costs, the board shall repay, within five years, the amount loaned, plus interest calculated at the rate earned by the Pooled Money Investment Account. (b) Not later than 30 days after the close of each month, the investment manager shall place on file for public inspection during business hours a report with respect to investment performance. The investment manager shall report the following information, to the extent applicable, to the board within 30 days following the end of each month: (1) The type of investment, name of the issuer, date of maturity, and the par and dollar amount invested in each security, investment, and money within the program fund. (2) The weighted average maturity of the investments within the program fund. (3) Any amounts in the program fund that are under the management of an investment manager. (4) The market value as of the date of the report and the source of this valuation for any security within the program fund. (5) A description of the compliance with the statement of investment policy. (c) Moneys in the program fund may be invested or reinvested by the Treasurer or may be invested in whole or in part under contract with an investment manager, as determined by the board. (d) The board shall annually prepare and adopt a written statement of investment policy. The board shall consider the statement of investment policy and any changes in the investment policy at a public hearing. The board shall approve the investment management entity or entities consistent with subdivision (c). (e) Transfers may be made from the program fund to the administrative fund for the purpose of paying operating costs associated with administering the ABLE program trust and as required by this chapter. All costs of administration of the ABLE program trust shall be paid out of the administrative fund. (f) All moneys paid by designated beneficiaries or eligible individuals in connection with ABLE accounts shall be deposited as received into the program fund, and shall be promptly invested and accounted for separately. Deposits and interest thereon accumulated on behalf of designated beneficiaries in the program fund of the ABLE program trust may be used for qualified disability expenses. (g) The board shall maintain separate accounting for each designated beneficiary. (h) Any designated beneficiary may, directly or indirectly, direct the investment of any contributions to his or her ABLE account, or any earnings thereon, no more than two times in any calendar year. (i) The assets of the trust, including the program fund, shall at all times be preserved, invested, and expended solely and only for the purposes of the trust and shall be held in trust for the designated beneficiaries and no property rights therein shall exist in favor of the state. The assets shall not be transferred or used by the state for any purposes other than the purposes of the trust and consistent with the provisions of the federal ABLE Act. (Added by Stats. 2015, Ch. 774, Sec. 5. (AB 449) Effective January 1, 2016.)
  110. 4879.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 15. Qualified ABLE Program [4875 - 4885] ( Chapter 15 added by Stats. 2015, Ch. 796, Sec. 2. )

    Verify source ↗

    This section lets a person contribute to an ABLE account for an eligible individual if the account and beneficiary meet stated conditions, and it requires the board to set safeguards against excess contributions.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 15. Qualified ABLE Program [4875 - 4885] ( Chapter 15 added by Stats. 2015, Ch. 796, Sec. 2. ) ## 4879. (a) Under the program, a person may make contributions for a taxable year, for the benefit of an individual who is an eligible individual for that taxable year, to an ABLE account that is established for the purpose of meeting the qualified disability expenses of the designated beneficiary of the account if both of the following criteria are met: (1) The designated beneficiary is limited to one ABLE account for purposes of this chapter. (2) The ABLE account is established only for a designated beneficiary who is a resident of the United States. (b) A contribution shall not be accepted if either of the following occurs: (1) The contribution is not in cash. (2) Except in the case of contributions under Section 529A(c)(1)(C) of the Internal Revenue Code, relating to change in designated beneficiaries or programs, the contribution to an ABLE account would result in aggregate contributions from all contributors to the ABLE account for the taxable year exceeding the amount of both of the following: (A) The amount allowed under Section 2503(b) of the Internal Revenue Code, relating to exclusion from gifts, for the calendar year in which the taxable year begins. (B) In the case of any contribution by a designated beneficiary described in Section 529A(b)(7) of the Internal Revenue Code before January 1, 2026, the lesser of either of the following: (i) Compensation, as defined by Section 219(f)(1) of the Internal Revenue Code, includible in the designated beneficiary’s gross income for the taxable year. (ii) An amount equal to the poverty line for a one-person household as promulgated under Section 9902(2) of Title 42 of the United States Code, for the calendar year preceding the calendar year in which the taxable year begins. (c) The designated beneficiary shall retain ownership of all contributions made to the designated beneficiary’s ABLE account to the date of utilization for qualified disability expenses, and all interest derived from the investment of the contributions to the designated beneficiary’s ABLE account shall be deemed to be held in the ABLE program trust for the benefit of the designated beneficiary. Neither the contributions, nor any interest derived therefrom, may be pledged as collateral for any loan. (d) The board shall develop adequate safeguards to prevent aggregate contributions on behalf of a designated beneficiary in excess of the maximum contribution limits necessary to provide for the qualified disability expenses of the designated beneficiary. For purposes of this subdivision, aggregate contributions include contributions under any prior qualified ABLE program of any state or agency or instrumentality thereof. (Amended by Stats. 2022, Ch. 896, Sec. 2. (AB 2216) Effective January 1, 2023.)
  111. 4880.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 15. Qualified ABLE Program [4875 - 4885] ( Chapter 15 added by Stats. 2015, Ch. 796, Sec. 2. )

    Verify source ↗

    ABLE account amounts up to $100,000 are excluded from means-tested eligibility determinations and are exempt from money-judgment enforcement, subject to stated exceptions.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 15. Qualified ABLE Program [4875 - 4885] ( Chapter 15 added by Stats. 2015, Ch. 796, Sec. 2. ) ## 4880. (a) Notwithstanding any other law, moneys in, contributions to, and any distribution for qualified disability expenses from, an ABLE account, not to exceed one hundred thousand dollars ($100,000), shall not count toward determining eligibility for a state or local means-tested program. (b) Notwithstanding subdivision (a), Section 103 of Division B of Public Law 113-295 and Sections 17140.4 and 23711.4 of the Revenue and Taxation Code shall apply. (c) (1) Notwithstanding any other law, moneys in an ABLE account, not to exceed one hundred thousand dollars ($100,000), shall be exempt from enforcement of a money judgment without making a claim. (2) A money judgment in favor of the State Department of Health Care Services shall not be subject to the exemption provided in paragraph (1) during any period of time in which federal law or guidance issued by the federal Centers for Medicare and Medicaid Services requires the department to recover funds from ABLE accounts for reimbursement of qualifying Medi-Cal expenditures. (d) This section shall become operative on September 1, 2018. (Repealed (in Sec. 1.5) and added by Stats. 2017, Ch. 529, Sec. 2.5. (AB 688) Effective January 1, 2018. Section operative September 1, 2018, by its own provisions.)
  112. 4881.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 15. Qualified ABLE Program [4875 - 4885] ( Chapter 15 added by Stats. 2015, Ch. 796, Sec. 2. )

    Verify source ↗

    The board must give the Franchise Tax Board annual ABLE-account distribution listings and provide reports and account information to designated beneficiaries.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 15. Qualified ABLE Program [4875 - 4885] ( Chapter 15 added by Stats. 2015, Ch. 796, Sec. 2. ) ## 4881. (a) The board shall provide an annual listing of distributions to individuals with respect to an interest in an ABLE account to the Franchise Tax Board at a time and in a manner and form as specified by the Franchise Tax Board. The taxpayers’ identification numbers obtained in connection with an ABLE account shall be used exclusively for state and federal tax administration purposes. (b) The board shall make a report to the appropriate individual of any distribution to any individual with respect to an interest in an ABLE account, at a time and in a form and manner as required by the Franchise Tax Board. (c) The board shall report annually to each designated beneficiary all of the following: (1) The value of the designated beneficiary’s account. (2) The interest earned thereon. (3) The rate of return of the investments in the designated beneficiary’s account for that reporting period. (4) Information on investments and qualified disability expenses that designated beneficiaries can use to set savings goals and contribution amounts. (d) The board shall provide a means for designated beneficiaries to express concerns or comments regarding the ABLE program trust and any information required to be reported by this section. (Added by Stats. 2015, Ch. 796, Sec. 2. (SB 324) Effective January 1, 2016.)
  113. 4882.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 15. Qualified ABLE Program [4875 - 4885] ( Chapter 15 added by Stats. 2015, Ch. 796, Sec. 2. )

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    The board must adopt regulations to implement the chapter, and it may adopt emergency regulations for that purpose.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 15. Qualified ABLE Program [4875 - 4885] ( Chapter 15 added by Stats. 2015, Ch. 796, Sec. 2. ) ## 4882. (a) The board shall adopt regulations as it deems necessary to implement this chapter consistent with the federal Internal Revenue Code and regulations issued pursuant to that code to ensure that this program meets all criteria for federal tax-exempt benefits. (b) The board may adopt regulations to implement this chapter as emergency regulations in accordance with 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 adoption of the regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare. (Added by Stats. 2015, Ch. 774, Sec. 7. (AB 449) Effective January 1, 2016.)
  114. 4883.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 15. Qualified ABLE Program [4875 - 4885] ( Chapter 15 added by Stats. 2015, Ch. 796, Sec. 2. )

    Verify source ↗

    This section says the act must be read liberally to carry out its legislative intent.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 15. Qualified ABLE Program [4875 - 4885] ( Chapter 15 added by Stats. 2015, Ch. 796, Sec. 2. ) ## 4883. This act shall be construed liberally in order to effectuate its legislative intent. The purposes of this act and all of its provisions with respect to powers granted shall be broadly interpreted to effectuate the intent and purposes of the federal ABLE Act and not as a limitation of those powers. (Added by Stats. 2015, Ch. 796, Sec. 2. (SB 324) Effective January 1, 2016.)
  115. 4884.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 15. Qualified ABLE Program [4875 - 4885] ( Chapter 15 added by Stats. 2015, Ch. 796, Sec. 2. )

    Verify source ↗

    The board must market this program to residents of the United States when funds are available.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 15. Qualified ABLE Program [4875 - 4885] ( Chapter 15 added by Stats. 2015, Ch. 796, Sec. 2. ) ## 4884. The board shall market this program to residents of the United States to the extent funds are available to do so. (Amended by Stats. 2017, Ch. 470, Sec. 3. (AB 384) Effective January 1, 2018.)
  116. 4885.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 15. Qualified ABLE Program [4875 - 4885] ( Chapter 15 added by Stats. 2015, Ch. 796, Sec. 2. )

    Verify source ↗

    This section lets the program allow a beneficiary change for an ABLE account, and limits state recovery or claims against certain CalABLE/ABLE account balances after the beneficiary dies.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 15. Qualified ABLE Program [4875 - 4885] ( Chapter 15 added by Stats. 2015, Ch. 796, Sec. 2. ) ## 4885. (a) Notwithstanding any other state law, and only to the extent permitted under federal law, the program may permit a change in the designated beneficiary of an ABLE account, made during the life of the designated beneficiary, to take effect upon the death of the designated beneficiary. The amount to be transferred pursuant to the successor beneficiary designation is subject to all of the relevant payment and tax provisions of the federal ABLE Act. (b) Following the death of a designated beneficiary, and only after the State Department of Health Care Services has received approval by the federal Centers for Medicare and Medicaid Services, both of the following shall apply: (1) For CalABLE accounts established on or after January 1, 2023, the following shall apply: (A) The state shall not seek recovery pursuant to Section 14009.5 of any amount remaining in a designated beneficiary’s CalABLE account for any amount of medical assistance paid for the designated beneficiary after the establishment of the account under the state’s Medicaid plan established under Title XIX of the federal Social Security Act. (B) The state shall not file a claim for any amount remaining in a designated beneficiary’s CalABLE account for the payment under subdivision (f) of Section 529A of the Internal Revenue Code. (2) For CalABLE accounts and ABLE accounts established prior to January 1, 2023: (A) The state shall not seek recovery pursuant to Section 14009.5 of any amount remaining in a designated beneficiary’s CalABLE or ABLE account for any amount of medical assistance paid for the designated beneficiary after the establishment of the account under the state’s Medicaid plan established under Title XIX of the federal Social Security Act. (B) The state shall not file a claim for any amount remaining in a designated beneficiary’s CalABLE or ABLE account for the payment under subdivision (f) of Section 529A of the Internal Revenue Code. (Amended by Stats. 2022, Ch. 896, Sec. 3. (AB 2216) Effective January 1, 2023.)
  117. 4900.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.7. PROTECTION AND ADVOCACY AGENCY [4900 - 4906] ( Division 4.7 added by Stats. 1991, Ch. 534, Sec. 7. ) ## CHAPTER 1. Definitions [4900 - 4906] ( Chapter 1 added by Stats. 1991, Ch. 534, Sec. 7. )

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    This section defines terms used in the division, including abuse, complaint, disability, facility or program, guardian or legal representative, neglect, probable cause, protection and advocacy agency, and reasonable unaccompanied access.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.7. PROTECTION AND ADVOCACY AGENCY [4900 - 4906] ( Division 4.7 added by Stats. 1991, Ch. 534, Sec. 7. ) ## CHAPTER 1. Definitions [4900 - 4906] ( Chapter 1 added by Stats. 1991, Ch. 534, Sec. 7. ) ## 4900. (a) The definitions contained in this section govern the construction of this division, unless the context requires otherwise. These definitions do not alter or impact the definitions or other provisions of the Elder Abuse and Dependent Adult Civil Protection Act (Chapter 11 (commencing with Section 15600)), or Chapter 13 (commencing with Section 15750), of Part 3 of Division 9. (b) “Abuse” means any of the following: (1) An act, or failure to act, that would constitute abuse as that term is defined in federal regulations pertaining to the authority of protection and advocacy agencies, including Section 51.2 of Title 42 of the Code of Federal Regulations or Section 1326.19 of Title 45 of the Code of Federal Regulations. (2) An act, or failure to act, that would constitute abuse as that term is defined in Section 15610.07 of this code or Section 11165.6 of the Penal Code. (3) An act, or failure to act, that was performed, or not performed, knowingly, recklessly, or intentionally, and that caused, or may have caused, injury or death to an individual with disabilities, which includes, but is not limited to, verbal, nonverbal, mental, and emotional harassment; rape or sexual assault; striking; the use of excessive force when placing the individual in bodily restraints; the use of bodily or chemical restraints that is not in compliance with federal and state laws and regulations, or any other practice that is likely to cause immediate physical or psychological harm or result in long-term harm if the practice continues. (4) Any other violation of an individual’s legal rights determined, in its discretion, by the protection and advocacy agency to be abuse, including, but not limited to, subjecting an individual to significant financial exploitation. (c) “Complaint” has the same meaning as “complaint” as defined in federal statutes and regulations pertaining to the authority of protection and advocacy agencies, including Section 10802(1) of Title 42 of the United States Code, Section 51.2 of Title 42 of the Code of Federal Regulations, or Section 1386.19 of Title 45 of the Code of Federal Regulations. A “complaint” includes, but is not limited to, any report or communication, whether formal or informal, or written or oral, received by the protection and advocacy agency, including, but not limited to, media accounts, newspaper articles, electronic communications, and telephone calls, including anonymous telephone calls, from any source alleging abuse or neglect of an individual with a disability. (d) “Disability” means a developmental disability, as defined in Section 15002(8) of Title 42 of the United States Code, a mental illness, as defined in Section 10802(4) of Title 42 of the United States Code, a disability within the meaning of the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), as defined in Section 12102(2) of Title 42 of the United States Code, or a disability within the meaning of the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of the Government Code), as defined in subdivision (j) or (l) of Section 12926 of the Government Code. (e) “Facility” or “program” means a public or private facility, program, or service provider providing services, support, care, or treatment to persons with disabilities, even if only on an as-needed basis or under contractual arrangement. “Facility,” “program,” or “service provider” includes, but is not limited to, a hospital, a long-term health care facility, a community living arrangement for people with disabilities, including a group home, a board and care home, an individual residence or apartment of a person with a disability where services are provided, a day program, a juvenile detention facility, a homeless shelter, a facility used to house or detain persons for the purpose of civil immigration proceedings, a jail, or a prison, including all general areas, as well as special, mental health, or forensic units. The term includes any facility licensed under Division 2 (commencing with Section 1200) of the Health and Safety Code and any facility that is unlicensed but is not exempt from licensure as provided in subdivision (a) of Section 1503.5 of the Health and Safety Code. The term also includes, but is not limited to, a public or private school or other institution or program providing education, training, habilitation, recreation, therapeutic, or residential services to persons with disabilities. (f) (1) (A) “Guardian,” “conservator,” “limited conservator,” or “legal representative” means a person, including the parent of a disabled minor who has legal custody of the minor, appointed by a state court or an authorized agency, as appropriate, or otherwise authorized by law, and regularly reviewed by the appointing court or agency, if required by law, to represent and advocate for the legal rights and interests of a person with a disability. (B) These terms do not include a person acting solely as a representative payee, a person acting solely to handle financial matters, an executor or administrator of an estate, an attorney or other person acting on behalf of an individual with a disability solely in individual legal matters, or an official or the official’s designee who is responsible for the provision of treatment, services, supports, or other assistance to an individual with a disability. (2) With respect to an individual described under paragraph (2) of subdivision (i), the guardian, conservator, limited conservator, or legal representative is the person with the legal authority to consent to health or mental health care or treatment on behalf of the individual. (3) With respect to an individual described under paragraph (1) or (3) of subdivision (i), the guardian, conservator, limited conservator, or legal representative is the person with the legal authority to make all decisions on behalf of the individual. (g) “Neglect” means any of the following: (1) A negligent act, or omission to act, that would constitute neglect as that term is defined in federal statutes and regulations pertaining to the authority of protection and advocacy agencies, including Section 10802(5) of Title 42 of the United States Code, Section 51.2 of Title 42 of the Code of Federal Regulations, or Section 1326.19 of Title 45 of the Code of Federal Regulations. (2) A negligent act, or omission to act, that would constitute neglect as that term is defined in subdivision (b) of Section 15610.07 of this code or Section 11165.2 of the Penal Code. (3) A negligent act, or omission to act, by an individual responsible for providing services, supports, or other assistance that caused, or may have caused, injury or death to an individual with a disability or that placed an individual with a disability at risk of injury or death, and includes, but is not limited to, the failure to establish or carry out an appropriate individual program plan or treatment plan, which includes a discharge plan; provide adequate nutrition, clothing, or health care to an individual with a disability; or provide a safe environment, which may include failing to maintain an adequate number of trained staff or failing to take appropriate steps to prevent self-abuse, harassment, or assault by a peer. (h) “Probable cause” to believe that an individual has been or may be subject to abuse or neglect or that the health or safety of the individual is in serious and immediate jeopardy, exists when the protection and advocacy agency determines that it is objectively reasonable for a person to entertain that belief. The individual making a probable cause determination may base the decision on reasonable inferences drawn from their experience or training regarding similar incidents, conditions, or problems that are usually associated with abuse or neglect. Information supporting a probable cause determination may result from monitoring or other activities, including, but not limited to, media reports and newspaper articles. (i) “Protection and advocacy agency” means the private nonprofit corporation designated by the Governor in this state pursuant to federal law for the protection and advocacy of the rights of persons with disabilities, including the following: (1) People with developmental disabilities, as authorized under the federal Developmental Disabilities Assistance and Bill of Rights Act of 2000, contained in Chapter 144 (commencing with Section 15001) of Title 42 of the United States Code. (2) People with mental illness, as authorized under the federal Protection and Advocacy for Mentally Ill Individuals Amendments Act of 1991, contained in Chapter 114 (commencing with Section 10801) of Title 42 of the United States Code. (3) People with disabilities within the meaning of the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.) as defined in Section 12102(2) of Title 42 of the United States Code, who do not have a developmental disability as defined in Section 15002(8) of Title 42 of the United States Code, people with a mental illness as defined in Section 10802(4) of Title 42 of the United States Code, and who are receiving services under the federal Protection and Advocacy of Individual Rights Act as defined in Section 794e of Title 29 of the United States Code, or people with a disability within the meaning of the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of the Government Code), as defined in subdivision (j) or (l) of Section 12926 of the Government Code. (j) “Reasonable unaccompanied access” means access that permits the protection and advocacy agency, without undue interference, to monitor, inspect, and observe conditions in facilities and programs, to meet and communicate with residents and service recipients privately and confidentially on a regular basis, formally or informally, including, but not limited to, by telephone, mail, electronic mail, and in person, and to review records privately and confidentially, in a manner that minimizes interference with the activities of the facility, program, or service provider that respects privacy interests and honors requests to terminate an interview, and that does not jeopardize the physical health or safety of facility, program, or service provider staff, individuals with disabilities, service recipients, or protection and advocacy agency staff. Except as otherwise required by law, the protection and advocacy agency shall not be required to provide the name or other identifying information regarding the individual with a disability or staff with whom it plans to meet or justify or explain its interactions with those persons. Upon request of facility staff, the protection and advocacy agency shall provide the specific location or locations at a facility where it intends to monitor, inspect, or observe conditions and meet and communicate with residents or staff. (Amended by Stats. 2019, Ch. 548, Sec. 1. (SB 398) Effective January 1, 2020.)
  118. 4901.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.7. PROTECTION AND ADVOCACY AGENCY [4900 - 4906] ( Division 4.7 added by Stats. 1991, Ch. 534, Sec. 7. ) ## CHAPTER 1. Definitions [4900 - 4906] ( Chapter 1 added by Stats. 1991, Ch. 534, Sec. 7. )

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    This section says the protection and advocacy agency must be a private nonprofit corporation, follow applicable federal requirements, and maintain a client grievance procedure.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.7. PROTECTION AND ADVOCACY AGENCY [4900 - 4906] ( Division 4.7 added by Stats. 1991, Ch. 534, Sec. 7. ) ## CHAPTER 1. Definitions [4900 - 4906] ( Chapter 1 added by Stats. 1991, Ch. 534, Sec. 7. ) ## 4901. (a) The protection and advocacy agency, for purposes of this division, shall be a private nonprofit corporation and shall meet all of the requirements of federal law applicable to protection and advocacy systems, including, but not limited to, the requirement that it establish a grievance procedure for clients or prospective clients of the system to ensure that people with disabilities have full access to services of the system. (b) State officers and employees, in taking any action relating to the protection and advocacy agency, shall meet the requirements of federal law applicable to protection and advocacy systems. (c) The authority of the protection and advocacy agency set forth in this division shall not diminish the authority of the protection and advocacy agency under federal statutes pertaining to the authority of protection and advocacy systems, or under federal rules and regulations adopted in implementation of those statutes. (d) Nothing in this division shall be construed to supplant the jurisdiction or the responsibilities of adult protective services programs pursuant to Chapter 11 (commencing with Section 15600), or Chapter 13 (commencing with Section 15750), of Part 3 of Division 9. (e) (1) Nothing in this division shall be construed to supplant the duties or authority of the State Long-Term Care Ombudsman Program pursuant to Chapter 11 (commencing with Section 9700) of Division 8.5. (2) The protection and advocacy agency shall cooperate with the Office of the State Long-Term Care Ombudsman when appropriate, as provided in Section 9717. (f) (1) Nothing in this division shall be construed to alter or impact the Elder and Dependent Adult Civil Protection Act (Chapter 11 (commencing with Section 15600), or Chapter 13 (commencing with Section 15750), of Part 3 of Division 9, including the confidentiality requirements of Section 15633 and the legal responsibility of the protection and advocacy agency to report elder or dependent adult abuse or neglect as required by paragraph (1) of subdivision (b) of Section 15630. (2) The adult protective services agency shall retain the responsibility to investigate any report of abuse or neglect in accordance with Chapter 13 (commencing with Section 15750) of Part 3 of Division 9 when the reported abuse or neglect is within the jurisdiction of the adult protective services agency. (Amended by Stats. 2003, Ch. 878, Sec. 5. Effective January 1, 2004.)
  119. 4902.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.7. PROTECTION AND ADVOCACY AGENCY [4900 - 4906] ( Division 4.7 added by Stats. 1991, Ch. 534, Sec. 7. ) ## CHAPTER 1. Definitions [4900 - 4906] ( Chapter 1 added by Stats. 1991, Ch. 534, Sec. 7. )

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    The protection and advocacy agency may investigate and access facilities, records, and people in limited situations, and facilities must give written reasons for denied access.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.7. PROTECTION AND ADVOCACY AGENCY [4900 - 4906] ( Division 4.7 added by Stats. 1991, Ch. 534, Sec. 7. ) ## CHAPTER 1. Definitions [4900 - 4906] ( Chapter 1 added by Stats. 1991, Ch. 534, Sec. 7. ) ## 4902. (a) The protection and advocacy agency, in protecting and advocating for the rights of people with disabilities, pursuant to the federal mandate, may exercise any authority specified in this section when one or more of the following occurs: (1) The agency receives a complaint or report of alleged abuse or neglect, or of an incident in which an individual is in serious and immediate jeopardy. (2) The agency determines that probable cause exists that an individual has been or may be subject to abuse or neglect. (3) The agency determines that the health or safety of an individual is in serious and immediate jeopardy. (b) If subdivision (a) applies, the protections and advocacy agency may exercise the authority granted pursuant to subdivision (a) to do all of the following: (1) Investigate any incident of alleged abuse or neglect of any person with a disability. This authority includes reasonable unaccompanied access to a facility, program, or service provider, and authority to examine all relevant records and interview any facility, program, or service provider recipient, employee, or other person who may have knowledge of the alleged abuse or neglect. (2) Pursue administrative, legal, and other appropriate remedies or approaches to ensure the protection of the rights of people with disabilities. (3) Provide information and training on, and referral to, programs and services addressing the needs of people with disabilities, including information and training regarding individual rights and the services available from the protection and advocacy agency. (4) Monitor a facility’s, program’s, or service provider’s compliance with respect to the rights and safety of individuals with disabilities. (c) The protection and advocacy agency and its authorized agents shall, in addition, have reasonable unaccompanied access to public or private facilities, programs, and service providers, including all areas of the facility, program, or service providers’ premises that are used by, or accessible to, individuals with disabilities and reasonable unaccompanied access to those persons. (1) (A) The protection and advocacy agency shall have reasonable unaccompanied access to all public or private facilities, programs, or service providers, including to users of those facilities, programs, and services, at all times as are necessary, and without advance notice, to investigate incidents of alleged abuse and neglect in accord with paragraph (1) of subdivision (b). (B) Access pursuant to this paragraph includes the opportunity to interview any individual with a disability, employee, or other person, including a person alleged to be the victim of abuse, who might be reasonably believed by the protection and advocacy agency to have knowledge of an incident under investigation. Except as otherwise required by law, the protection and advocacy agency shall not be required to provide the name or other identifying information regarding any individual with a disability or staff with whom it plans to meet or to justify or explain its interactions with those persons. (C) Access to an individual pursuant to this paragraph shall be afforded immediately, except as otherwise provided in paragraph (3), upon request. (2) The protection and advocacy agency shall have reasonable unaccompanied access during reasonable times, which, at a minimum, includes normal working hours and visiting hours, for other advocacy services. Protection and advocacy agency activities shall be conducted so as to minimize interference with service provider programs, respect individuals with disabilities’ privacy interests, and honor a recipient’s request to terminate an interview. This access includes, but is not limited to, all of the following: (A) Providing information and training on, and referral to programs addressing the needs of, individuals with disabilities, and information and training on individual rights and the protection and advocacy services available from the agency, including, but not limited to, the name, address, and telephone number of the protection and advocacy agency. The protection and advocacy agency shall be permitted to post, in an area in which individuals with disabilities receive services, a poster that identifies the services available from the protection and advocacy agency and the name, address, and telephone number of the protection and advocacy agency. (B) Monitoring compliance with respect to the rights and safety of residents or service recipients. (C) Inspecting, viewing, and photographing all areas of the facility, program, or service provider’s premises that are used by individuals with disabilities, or that are accessible to them, but does not include photographing or video recording individuals with disabilities without their consent. (3) (A) If the protection and advocacy agency’s access to facilities, programs, service providers, service recipients, or individual with a disability is delayed or denied by a facility, program, or service provider, the facility, program, or service provider shall promptly provide the agency with a written statement of reasons. In the case of denial of access for alleged lack of authorization, the facility, program, or service provider shall promptly provide to the agency the name, address, and telephone number of the guardian, conservator, limited conservator, or other legal representative of the individual with a disability for whom authorization is required. Access to a facility, program, service provider, service recipient, or individual with a disability shall not be delayed or denied without the prompt provision of a written statement of the reasons for the denial. (B) A facility, program, or service provider shall not be required to afford immediate access if complying with the request would interfere with treatment or therapy to be provided to an individual with a disability. If access to an individual must be delayed beyond 24 hours to allow for the provision of treatment or therapy, the protection and advocacy agency shall receive access as soon as possible thereafter. (C) If a facility, program, or service provider denies the protection and advocacy agency’s access to an individual with a disability on the grounds specified in subparagraph (B), the facility, program, or service provider shall, within 24 hours of the request, provide the protection and advocacy agency with a written statement from a physician, or, in the case of a state-operated mental health facility, a member of the treatment team, stating that access to the individual will interfere with the individual’s treatment or therapy, and the time and circumstances under which the protection and advocacy agency can interview the individual. If the physician, or, in the case of a state-operated mental health facility, a member of the treatment team, states that the individual cannot be interviewed within 24 hours of the protection and advocacy agency being provided the written statement, the protection and advocacy agency and the facility, program, or service provider shall engage in a good faith interactive process to determine when, and under what circumstances, the individual may be interviewed. If the protection and advocacy agency and the facility, program, or service provider are unable to agree upon the time and circumstance, they shall select a mutually agreeable independent physician, or, in the case of a state-operated mental health facility, a mutually agreeable physician employed by a state-operated mental health facility who does not have a history of treating the patient, who will determine when, and under what circumstances, the individual may be interviewed. The expense of the independent physician’s services shall be paid for by the facility, program, or service provider. Individuals with disabilities subject to the requirements in this paragraph include adults and minors who have guardians, limited conservators, conservators, or other legal representatives. (d) The protection and advocacy agency shall be permitted to attend treatment planning meetings concerning individuals with disabilities, with the consent of the individual or the individual’s guardian, conservator, limited conservator, or other legal representative, except that consent is not required if the individual, due to their mental or physical condition, is unable to authorize the protection and advocacy agency to have access to a treatment planning meeting and either the individual does not have a guardian, conservator, limited conservator, or other legal representative, or the individual’s guardian, conservator, limited conservator, or other legal representative is the state or one of its political subdivisions. The protection and advocacy agency shall not attend treatment planning meetings if the individual objects on the individual’s own behalf to the protection and advocacy agency’s attendance at the treatment planning meetings. (e) The protection and advocacy agency shall not enter an individual residence or apartment of a client or the client’s family without the consent of an adult occupant. In the absence of this consent, the protection and advocacy agency may enter only if it has obtained the legal authority to enforce its access authority pursuant to legal remedies available under this division or applicable federal law. (Amended by Stats. 2019, Ch. 548, Sec. 2. (SB 398) Effective January 1, 2020.)
  120. 4903.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.7. PROTECTION AND ADVOCACY AGENCY [4900 - 4906] ( Division 4.7 added by Stats. 1991, Ch. 534, Sec. 7. ) ## CHAPTER 1. Definitions [4900 - 4906] ( Chapter 1 added by Stats. 1991, Ch. 534, Sec. 7. )

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    This section gives the protection and advocacy agency access to certain disability-related records, but sets conditions, deadlines, and confidentiality rules.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.7. PROTECTION AND ADVOCACY AGENCY [4900 - 4906] ( Division 4.7 added by Stats. 1991, Ch. 534, Sec. 7. ) ## CHAPTER 1. Definitions [4900 - 4906] ( Chapter 1 added by Stats. 1991, Ch. 534, Sec. 7. ) ## 4903. (a) The protection and advocacy agency shall have access to the records of any of the following people with disabilities: (1) Any person who is a client of the agency, or any person who has requested assistance from the agency, if that person or the agent designated by that person, or the guardian, conservator, limited conservator, or other legal representative of that person, has authorized the protection and advocacy agency to have access to the records and information. If a person with a disability who is able to authorize the protection and advocacy agency to access their records expressly denies this access after being informed by the protection and advocacy agency of their right to authorize or deny access, the protection and advocacy agency shall not have access to that person’s records. (2) Any person, including any individual who cannot be located, to whom all of the following conditions apply: (A) The individual, due to their mental or physical condition, is unable to authorize the protection and advocacy agency to have access to their records. (B) The individual does not have a guardian, conservator, limited conservator, or other legal representative, or the individual’s representative is a public entity, including the state or one of its political subdivisions. (C) The protection and advocacy agency is authorized pursuant to subdivision (a) of Section 4902 to exercise the authority specified in that section. (3) Any person who is deceased. Probable cause to believe that the death of an individual with a disability resulted from abuse or neglect or any other specific cause is not required for the protection and advocacy agency to obtain access to the records. For the purposes of access pursuant to this paragraph, “person with a disability” includes a person who died in a situation in which services, supports, or other assistance is, or has, customarily been provided to people with disabilities. (4) Any person who has a guardian, conservator, limited conservator, or other legal representative with respect to whom a complaint has been received by the protection and advocacy agency, or with respect to whom the protection and advocacy agency has determined that probable cause exists to believe that the person has been or may be subjected to abuse or neglect, whenever all of the following conditions exist: (A) The protection and advocacy agency made a good faith effort to contact the guardian, conservator, limited conservator, or other legal representative upon prompt receipt of the representative’s contact information, which shall include, but not be limited to, the representative’s name, address, telephone number, and email address. (B) The protection and advocacy agency has offered assistance to the representatives to resolve the situation. (C) The representative has failed or refused to consent on behalf of the person. (5) Any other person with a disability under the circumstances described in subdivision (a) of Section 4902. (b) Individual records that shall be available to the protection and advocacy agency under this division, whether written or in another medium, draft, preliminary, or final, including, but not limited to, handwritten notes, electronic files, photographs, videotapes, or audiotapes, shall include, but not be limited to, all of the following: (1) Information and records prepared or received in the course of providing intake, assessment, evaluation, education, training, or other services, supports, or assistance, including, but not limited to, medical records, financial records, monitoring reports, or other reports, prepared or received by a member of the staff of a facility, program, or service provider. This includes records stored or maintained at sites other than that of the facility, program, or service provider and records that were not prepared by the facility, program, or service provider, but received by the facility, program, or service provider. (2) Reports prepared by a federal, state, or local governmental agency or a private organization charged with investigating reports of incidents of abuse, neglect, injury, or death. The organizations whose reports are subject to this requirement include, but are not limited to, agencies in the foster care system, disabilities systems, prison and jail systems, facilities used to house or detain persons for purposes of civil immigration proceedings, public and private educational systems, emergency shelters, criminal and civil law enforcement agencies such as police departments, agencies overseeing juvenile justice facilities, juvenile detention facilities, all preadjudication and postadjudication juvenile facilities, state and federal licensing and certification agencies, and private accreditation organizations such as the Joint Commission on the Accreditation of Healthcare Organizations or by medical care evaluation or peer review committees, regardless of whether they are protected by state law. The reports subject to this requirement describe any or all of the following: (A) Abuse, neglect, injury, or death. (B) The steps taken to investigate the incidents. (C) Reports and records, including, but not limited to, personnel records prepared or maintained by the facility, program, or service provider in connection with reports of incidents, subject to the following: (i) If a state statute specifies procedures with respect to personnel records, the protection and advocacy agency shall follow those procedures. (ii) Personnel records shall be protected from disclosure in compliance with the fundamental right of privacy established pursuant to Section 1 of Article I of the California Constitution. The custodian of personnel records shall have a right and a duty to resist attempts to allow the unauthorized disclosure of personnel records, and may not waive the privacy rights that are guaranteed pursuant to Section 1 of Article I of the California Constitution. (D) Supporting information that was relied upon in creating a report, including, but not limited to, all information and records that document interviews with persons who were interviewed, physical and documentary evidence that was reviewed, or related investigative findings. (3) Discharge planning records. (c) Information in the possession of a program, facility, or service provider that must be available to the agency investigating instances of abuse or neglect pursuant to subdivision (a) of Section 4902, whether written or in another medium, draft, preliminary, or final, including, but not limited to, handwritten notes, electronic files, photographs, videotapes, audiotapes, or records, shall include, but not be limited to, all of the following: (1) Information in reports prepared by individuals and entities performing certification or licensure reviews, or by professional accreditation organizations, as well as related assessments prepared for a program, facility, or service provider by its staff, contractors, or related entities, including peer review committees. (2) Information in professional, performance, building, or other safety standards, or demographic and statistical information, relating to the facility, program, or service provider. (d) The authority of the protection and advocacy agency to have access to records does not supersede any prohibition on discovery specified in Sections 1157 and 1157.6 of the Evidence Code, nor does it supersede any prohibition on disclosure subject to the physician-patient privilege or the psychotherapist-patient privilege. (e) An educational agency, including, but not limited to, public, private, and charter schools and public and private residential and nonresidential schools, shall provide the protection and advocacy agency with the name and contact information for the parent or guardian of a student for whom the protection and advocacy agency has authority to access, inspect, and copy records. (f) (1) The protection and advocacy agency shall have access to records of individuals described in subdivision (a) of Section 4902 and in subdivision (a), and other records that are relevant to conducting an investigation, under the circumstances described in those subdivisions, not later than three business days after the agency makes a written request for the records involved. (2) The protection and advocacy agency shall have immediate access to the records, including the right to inspect and copy the records, as described in subdivision (g), not later than 24 hours after the agency makes a request, without consent from another party, in a situation in which treatment, services, supports, or other assistance is provided to an individual with a disability, if the agency determines that the health or safety of the individual is in serious and immediate jeopardy, or in a case of the death of an individual with a disability. (3) If the protection and advocacy agency’s access to records is denied or delayed beyond the deadlines specified in paragraphs (1) and (2), the protection and advocacy agency shall, within two business days after the expiration of the deadline, be provided with a written statement of reasons for the denial or delay. In the case of a denial for alleged lack of authorization, the name, address, and telephone number of the guardian, conservator, limited conservator, or other legal representative of the individual with a disability shall be included in the statement. (g) A protection and advocacy agency shall be permitted to inspect and copy information and records, subject to a reasonable charge to offset duplicating costs. If the facility, program, or service provider or its agents copy the records for the protection and advocacy agency, it shall not charge the protection and advocacy agency an amount that would exceed the amount authorized by the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code) for reproducing documents. The protection and advocacy agency may make written notes when inspecting information and records, and may use its own photocopying equipment to obtain copies. For state-operated mental health facilities, the protection and advocacy agency may not use equipment or devices otherwise restricted in the facilities when copying records in a portion of the facility where the restriction applies. If a party other than the protection and advocacy agency performs the photocopying or other reproduction of records, it shall provide the photocopies or reproductions to the protection and advocacy agency within the timeframes specified in subdivision (f). In addition, if records are kept or maintained electronically, they shall be provided to the protection and advocacy agency electronically. (h) (1) Confidential information kept or obtained by the protection and advocacy agency shall remain confidential and is not subject to disclosure. (2) The protection and advocacy agency shall obtain written consent from the following individuals, as applicable, before releasing information concerning them to a person not otherwise authorized to receive it: (A) An individual with a disability, a client, or the individual’s or client’s guardian, conservator, limited conservator, or other legal representative. (B) An individual who has been provided general information or technical assistance on a particular matter. (C) An individual who furnishes reports or information that form the basis for a determination of probable cause that an individual has been or may be subject to abuse or neglect, or is in serious and immediate jeopardy. (3) This subdivision shall not, however, prevent the protection and advocacy agency from doing any of the following: (A) Sharing the information with the individual client who is the subject of the record or report or other document, or with the client’s legally authorized representative, subject to any limitation on disclosure to recipients of mental health services as provided in subsection (b) of Section 10806 of Title 42 of the United States Code. (B) Issuing a public report of the results of an investigation that maintains the confidentiality of individual service recipients. (C) Reporting the results of an investigation to responsible investigative or enforcement agencies in a manner that maintains the confidentiality of the individuals should an investigation reveal information concerning the facility, program, or service provider, or their staff or employees warranting possible sanctions or corrective action. The information may be reported to agencies that are responsible for facility, program, or service provider licensing or accreditation, employee discipline, employee licensing or certification suspension or revocation, or criminal investigation or prosecution. (D) Pursuing alternative remedies, including the initiation of legal action. (E) Reporting suspected elder or dependent adult abuse pursuant to the Elder Abuse and Dependent Adult Civil Protection Act (Chapter 11 (commencing with Section 15600) of Part 3 of Division 9). (4) Notwithstanding the confidentiality requirements of this section, the protection and advocacy agency may make a report to investigative or enforcement agencies that reveals the identity of an individual with a disability, and information relating to their status or treatment in any of the following situations: (A) When the agency has received a complaint that the individual has been or may be subject to abuse and neglect, or has probable cause to believe that the individual has been or may be subject to abuse or neglect. (B) When the protection and advocacy agency determines that the health or safety of the individual is in serious and immediate jeopardy. (C) In the case of the death of an individual whom the protection and advocacy agency believes may have had a disability. (i) The protection and advocacy agency shall inform and train employees as appropriate regarding the confidentiality of client records. (j) The authority provided pursuant to subdivision (b) shall include access to all of the following: (1) An unredacted facility evaluation report form or an unredacted complaint investigation report form of the State Department of Social Services. This information shall remain confidential and subject to the confidentiality requirements of subdivision (h). (2) An unredacted citation report, unredacted licensing report, unredacted survey report, unredacted plan of correction, or unredacted statement of deficiency of the State Department of Public Health, prepared by authorized licensing personnel or authorized representatives as described in subdivision (a) of Section 5328.15. The information shall remain confidential and subject to the confidentiality requirements of subdivision (h). (k) Notwithstanding any other state law governing patient privacy, the sharing of health information and records with a protection and advocacy agency is permitted to the extent that the sharing is required by law and complies with the requirements of that law. The Legislature finds and declares that the federal Health Insurance Portability and Accountability Act of 1996 privacy rule permits the disclosure of protected health information to a protection and advocacy agency, without the authorization of the individual who is the subject of the protected health information, to the extent that the disclosure is required by law and the disclosure complies with the requirements of that law. (Amended by Stats. 2021, Ch. 615, Sec. 436. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
  121. 4904.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.7. PROTECTION AND ADVOCACY AGENCY [4900 - 4906] ( Division 4.7 added by Stats. 1991, Ch. 534, Sec. 7. ) ## CHAPTER 1. Definitions [4900 - 4906] ( Chapter 1 added by Stats. 1991, Ch. 534, Sec. 7. )

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    The protection and advocacy agency, its employees, and designated agents are protected from liability in specified good-faith and complaint-related activities.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.7. PROTECTION AND ADVOCACY AGENCY [4900 - 4906] ( Division 4.7 added by Stats. 1991, Ch. 534, Sec. 7. ) ## CHAPTER 1. Definitions [4900 - 4906] ( Chapter 1 added by Stats. 1991, Ch. 534, Sec. 7. ) ## 4904. (a) The protection and advocacy agency, its employees, and designated agents, shall not be liable for an injury resulting from an employee’s or agent’s act or omission where the act or omission was the result of the exercise, in good faith, of the discretion vested in him or her. (b) The protection and advocacy agency, its employees, and designated agents, shall not be liable for damages awarded under Section 3294 of the Civil Code or other damages imposed primarily for the sake of example and by way of punishing the defendant. (c) The protection and advocacy agency, its employees, and designated agents, when participating in filing a complaint or providing information pursuant to this division or participating in a judicial proceeding resulting therefrom shall be presumed to be acting in good faith and unless the presumption is rebutted, shall be immune from any liability, civil or criminal, and shall be immune from any penalty, sanction, or restriction that might be incurred or imposed. (Added by Stats. 1991, Ch. 534, Sec. 7.)
  122. 4905.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.7. PROTECTION AND ADVOCACY AGENCY [4900 - 4906] ( Division 4.7 added by Stats. 1991, Ch. 534, Sec. 7. ) ## CHAPTER 1. Definitions [4900 - 4906] ( Chapter 1 added by Stats. 1991, Ch. 534, Sec. 7. )

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    Facility employees or agents may not retaliate against or harass a person with a disability, or interfere with reporting abuse, neglect, or rights violations to the protection and advocacy agency.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.7. PROTECTION AND ADVOCACY AGENCY [4900 - 4906] ( Division 4.7 added by Stats. 1991, Ch. 534, Sec. 7. ) ## CHAPTER 1. Definitions [4900 - 4906] ( Chapter 1 added by Stats. 1991, Ch. 534, Sec. 7. ) ## 4905. (a) No employee or agent of a facility, program, or service shall subject a person with a disability to reprisal or harassment or directly or indirectly take or threaten to take any action that would prevent the person, his or her legally authorized representative, or family member from reporting or otherwise bringing to the attention of the protection and advocacy agency any facts or information relative to suspected abuse, neglect, or other violations of the person’s rights. (b) Any attempt to involuntarily remove from a facility, program, or service, or to deny privileges or rights without good cause to a person with a disability by whom or for whom a complaint has been made to the protection and advocacy agency, within 60 days after the date the complaint is made or within 60 days after the conclusion of any proceeding resulting from the complaint, shall raise a presumption that the action was taken in retaliation for the filing of the complaint. (Amended by Stats. 2003, Ch. 878, Sec. 8. Effective January 1, 2004.)
  123. 4906.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.7. PROTECTION AND ADVOCACY AGENCY [4900 - 4906] ( Division 4.7 added by Stats. 1991, Ch. 534, Sec. 7. ) ## CHAPTER 1. Definitions [4900 - 4906] ( Chapter 1 added by Stats. 1991, Ch. 534, Sec. 7. )

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    The protection and advocacy agency may not use physical force to gain access to covered facilities, programs, recipients, residents, or records when access is delayed or denied.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.7. PROTECTION AND ADVOCACY AGENCY [4900 - 4906] ( Division 4.7 added by Stats. 1991, Ch. 534, Sec. 7. ) ## CHAPTER 1. Definitions [4900 - 4906] ( Chapter 1 added by Stats. 1991, Ch. 534, Sec. 7. ) ## 4906. (a) The protection and advocacy agency may not obtain access through the use of physical force to facilities, programs, service recipients, residents, or records required by the division if this access is delayed or denied. (b) Notwithstanding subdivision (a), nothing in this division is intended to preclude the protection and advocacy agency from pursuing appropriate legal remedies to enforce its access authority under this division or applicable federal law. (Added by Stats. 2003, Ch. 878, Sec. 9. Effective January 1, 2004.)
  124. 5.

    ## Welfare and Institutions Code - WIC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 369. )

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    General provisions govern how this code is construed unless the context requires otherwise.

    ## Welfare and Institutions Code - WIC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 369. ) ## 5. Unless the context otherwise requires, the general provisions hereinafter set forth shall govern the construction of this code. (Enacted by Stats. 1937, Ch. 369.)
  125. 500.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 13.6. Serious Habitual Offenders [500 - 506] ( Article 13.6 added by Stats. 1986, Ch. 1441, Sec. 1. )

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    The Legislature says serious crime is committed by a small number of chronic juvenile offenders and encourages the juvenile justice system to identify them early and work together to investigate, prosecute, sentence, supervise, and share data.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 13.6. Serious Habitual Offenders [500 - 506] ( Article 13.6 added by Stats. 1986, Ch. 1441, Sec. 1. ) ## 500. The Legislature hereby finds that a substantial and disproportionate amount of serious crime is committed by a relatively small number of chronic juvenile offenders commonly known as serious habitual offenders. In enacting this article, the Legislature intends to support increased efforts by the juvenile justice system comprised of law enforcement, district attorneys, probation departments, juvenile courts, and schools to identify these offenders early in their careers, and to work cooperatively together to investigate and record their activities, prosecute them aggressively by using vertical prosecution techniques, sentence them appropriately, and to supervise them intensively in institutions and in the community. The Legislature further supports increased interagency efforts to gather comprehensive data and actively disseminate it to the agencies in the juvenile justice system, to produce more informed decisions by all agencies in that system, through organizational and operational techniques that have already proven their effectiveness in selected counties in this and other states. (Added by Stats. 1986, Ch. 1441, Sec. 1.)
  126. 5000.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 1. General Provisions [5000 - 5122] ( Chapter 1 added by Stats. 1967, Ch. 1667. )

    Verify source ↗

    This section says Part 1 may be cited as the Lanterman-Petris-Short Act.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 1. General Provisions [5000 - 5122] ( Chapter 1 added by Stats. 1967, Ch. 1667. ) ## 5000. This part shall be known and may be cited as the Lanterman-Petris-Short Act. (Repealed and added by Stats. 1967, Ch. 1667.)
  127. 5001.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 1. General Provisions [5000 - 5122] ( Chapter 1 added by Stats. 1967, Ch. 1667. )

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    This section states the legislative intent for this part: to reduce inappropriate involuntary commitment, provide prompt evaluation and treatment, protect public safety and individual rights, and promote services in the least restrictive setting.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 1. General Provisions [5000 - 5122] ( Chapter 1 added by Stats. 1967, Ch. 1667. ) ## 5001. The provisions of this part and Part 1.5 (commencing with Section 5585) shall be construed to promote the legislative intent as follows: (a) To end the inappropriate, indefinite, and involuntary commitment of persons with mental health disorders, developmental disabilities, and chronic alcoholism, and to eliminate legal disabilities. (b) To provide prompt evaluation and treatment of persons with mental health disorders or impaired by chronic alcoholism. (c) To guarantee and protect public safety. (d) To safeguard individual rights through judicial review. (e) To provide individualized treatment, supervision, and placement services by a conservatorship program for persons who are gravely disabled. (f) To encourage the full use of all existing agencies, professional personnel, and public funds to accomplish these objectives and to prevent duplication of services and unnecessary expenditures. (g) To protect persons with mental health disorders and developmental disabilities from criminal acts. (h) To provide consistent standards for protection of the personal rights of persons receiving services under this part and under Part 1.5 (commencing with Section 5585). (i) To provide services in the least restrictive setting appropriate to the needs of each person receiving services under this part and under Part 1.5 (commencing with Section 5585). (Amended by Stats. 2013, Ch. 567, Sec. 1. (SB 364) Effective January 1, 2014.)
  128. 5002.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 1. General Provisions [5000 - 5122] ( Chapter 1 added by Stats. 1967, Ch. 1667. )

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    People with mental health disorders must receive services under this part; people impaired by chronic alcoholism may receive services if they choose to do so under the referenced article; and people with epilepsy may no longer be judicially committed.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 1. General Provisions [5000 - 5122] ( Chapter 1 added by Stats. 1967, Ch. 1667. ) ## 5002. (a) Persons with mental health disorders and persons impaired by chronic alcoholism may no longer be judicially committed. (b) Persons with mental health disorders shall receive services pursuant to this part. Persons impaired by chronic alcoholism may receive services pursuant to this part if they elect to do so pursuant to Article 3 (commencing with Section 5225) of Chapter 2. (c) Persons with epilepsy may no longer be judicially committed. (d) This part shall not be construed to repeal or modify laws relating to the commitment of mentally disordered sex offenders, persons with an intellectual disability, and mentally disordered criminal offenders, except as specifically provided in Section 4011.6 of the Penal Code, or as specifically provided in other statutes. (Amended by Stats. 2014, Ch. 144, Sec. 84. (AB 1847) Effective January 1, 2015.)
  129. 5003.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 1. General Provisions [5000 - 5122] ( Chapter 1 added by Stats. 1967, Ch. 1667. )

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    No part of this section may be read to limit any person’s right to apply voluntarily for mental health services at any time.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 1. General Provisions [5000 - 5122] ( Chapter 1 added by Stats. 1967, Ch. 1667. ) ## 5003. Nothing in this part shall be construed in any way as limiting the right of any person to make voluntary application at any time to any public or private agency or practitioner for mental health services, either by direct application in person, or by referral from any other public or private agency or practitioner. (Added by Stats. 1967, Ch. 1667.)
  130. 5004.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 1. General Provisions [5000 - 5122] ( Chapter 1 added by Stats. 1967, Ch. 1667. )

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    People with mental health disorders and people with developmental disabilities are entitled to protection from criminal acts equal to that provided to any other resident in the state.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 1. General Provisions [5000 - 5122] ( Chapter 1 added by Stats. 1967, Ch. 1667. ) ## 5004. Persons with mental health disorders and persons with developmental disabilities shall receive protection from criminal acts equal to that provided any other resident in this state. (Amended by Stats. 2014, Ch. 144, Sec. 85. (AB 1847) Effective January 1, 2015.)
  131. 5004.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 1. General Provisions [5000 - 5122] ( Chapter 1 added by Stats. 1967, Ch. 1667. )

    Verify source ↗

    Certain people may report suspected crimes against a person with a mental health disorder or developmental disability, and the report must identify the alleged offense and evidence.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 1. General Provisions [5000 - 5122] ( Chapter 1 added by Stats. 1967, Ch. 1667. ) ## 5004.5. (a) Notwithstanding any other law, a legal guardian, conservator, or other person who reasonably believes a person with a mental health disorder or developmental disability is the victim of a crime may file a report with an appropriate law enforcement agency. The report shall specify the nature of the alleged offense and any pertinent evidence. Notwithstanding any other law, the information in that report shall not be deemed confidential in any manner. No person shall incur any civil or criminal liability as a result of making a report authorized by this section unless it can be shown that a false report was made and the person knew or should have known that the report was false. (b) Where the district attorney of the county in which the alleged offense occurred finds, based upon the evidence contained in the report and any other evidence obtained through regular investigatory procedures, that a reasonable probability exists that a crime or public offense has been committed and that the person with the mental health disorder or developmental disability is the victim, the district attorney may file a complaint verified on information and belief. (c) The filing of a report by a legal guardian, conservator, or any other person pursuant to this section shall not constitute evidence that a crime or public offense has been committed and shall not be considered in any manner by the trier of fact. (Amended by Stats. 2014, Ch. 144, Sec. 86. (AB 1847) Effective January 1, 2015.)
  132. 5005.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 1. General Provisions [5000 - 5122] ( Chapter 1 added by Stats. 1967, Ch. 1667. )

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    A person complained against in a petition or proceeding under this part generally keeps legal rights and does not incur a legal disability unless the provision specifically says otherwise.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 1. General Provisions [5000 - 5122] ( Chapter 1 added by Stats. 1967, Ch. 1667. ) ## 5005. Unless specifically stated, a person complained against in any petition or proceeding initiated by virtue of the provisions of this part shall not forfeit any legal right or suffer legal disability by reason of the provisions of this part. (Added by Stats. 1967, Ch. 1667.)
  133. 5006.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 1. General Provisions [5000 - 5122] ( Chapter 1 added by Stats. 1967, Ch. 1667. )

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    This section says the part must not be read to prevent spiritual treatment by prayer for a detained person who wants it, or for a minor when the parent, guardian, or conservator wants it.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 1. General Provisions [5000 - 5122] ( Chapter 1 added by Stats. 1967, Ch. 1667. ) ## 5006. The provisions of this part shall not be construed to deny treatment by spiritual means through prayer in accordance with the tenets and practices of a recognized church or denomination for any person detained for evaluation or treatment who desires such treatment, or to a minor if his parent, guardian, or conservator desires such treatment. (Added by Stats. 1967, Ch. 1667.)
  134. 5007.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 1. General Provisions [5000 - 5122] ( Chapter 1 added by Stats. 1967, Ch. 1667. )

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    Unless otherwise indicated, this part is not to be read as applying retroactively to end existing court commitments of mentally ill persons or inebriates under preexisting law.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 1. General Provisions [5000 - 5122] ( Chapter 1 added by Stats. 1967, Ch. 1667. ) ## 5007. Unless otherwise indicated, the provisions of this part shall not be construed to apply retroactively to terminate court commitments of mentally ill persons or inebriates under preexisting law. (Added by Stats. 1967, Ch. 1667.)
  135. 5008.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 1. General Provisions [5000 - 5122] ( Chapter 1 added by Stats. 1967, Ch. 1667. )

    Verify source ↗

    This section defines key terms used in the part, and sets some rules for evaluation and intensive treatment services, county facility designation, and state guidance authority.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 1. General Provisions [5000 - 5122] ( Chapter 1 added by Stats. 1967, Ch. 1667. ) ## 5008. Unless the context otherwise requires, the following definitions shall govern the construction of this part: (a) “Evaluation” consists of multidisciplinary professional analyses of a person’s medical, psychological, educational, social, financial, and legal conditions as may appear to constitute a problem. Persons providing evaluation services shall be properly qualified professionals and may be full-time employees of an agency providing face-to-face, which includes telehealth, evaluation services or may be part-time employees or may be employed on a contractual basis. (b) “Court-ordered evaluation” means an evaluation ordered by a superior court pursuant to Article 2 (commencing with Section 5200) of Chapter 2 or by a superior court pursuant to Article 3 (commencing with Section 5225) of Chapter 2. (c) “Intensive treatment” consists of such hospital and other services as may be indicated. Intensive treatment shall be provided by properly qualified professionals and carried out in facilities qualifying for reimbursement under the California Medical Assistance Program (Medi-Cal) set forth in Chapter 7 (commencing with Section 14000) of Part 3 of Division 9, or under Title XVIII of the federal Social Security Act and regulations thereunder. Intensive treatment may be provided in hospitals of the United States government by properly qualified professionals. This part does not prohibit an intensive treatment facility from also providing 72-hour evaluation and treatment. (d) “Referral” is referral of persons by each agency or facility providing assessment, evaluation, crisis intervention, or treatment services to other agencies or individuals. The purpose of referral shall be to provide for continuity of care, and may include, but need not be limited to, informing the person of available services, making appointments on the person’s behalf, discussing the person’s problem with the agency or individual to which the person has been referred, appraising the outcome of referrals, and arranging for personal escort and transportation when necessary. Referral shall be considered complete when the agency or individual to whom the person has been referred accepts responsibility for providing the necessary services. All persons shall be advised of available precare services that prevent initial recourse to hospital treatment or aftercare services that support adjustment to community living following hospital treatment. These services may be provided through county or city mental health departments, state hospitals under the jurisdiction of the State Department of State Hospitals, regional centers under contract with the State Department of Developmental Services, or other public or private entities. Each agency or facility providing evaluation services shall maintain a current and comprehensive file of all community services, both public and private. These files shall contain current agreements with agencies or individuals accepting referrals, as well as appraisals of the results of past referrals. (e) “Crisis intervention” consists of an interview or series of interviews within a brief period of time, conducted by qualified professionals, and designed to alleviate personal or family situations that present a serious and imminent threat to the health or stability of the person or the family. The interview or interviews may be conducted in the home of the person or family, or on an inpatient or outpatient basis with such therapy, or other services, as may be appropriate. The interview or interviews may include family members, significant support persons, providers, or other entities or individuals, as appropriate and as authorized by law. Crisis intervention may, as appropriate, include suicide prevention, psychiatric, welfare, psychological, legal, or other social services. (f) “Prepetition screening” is a screening of all petitions for court-ordered evaluation as provided in Article 2 (commencing with Section 5200) of Chapter 2, consisting of a professional review of all petitions; an interview with the petitioner and, whenever possible, the person alleged, as a result of a mental health disorder, to be a danger to others, or to themselves, or to be gravely disabled, to assess the problem and explain the petition; when indicated, efforts to persuade the person to receive, on a voluntary basis, comprehensive evaluation, crisis intervention, referral, and other services specified in this part. (g) “Conservatorship investigation” means investigation by an agency appointed or designated by the governing body of cases in which conservatorship is recommended pursuant to Chapter 3 (commencing with Section 5350). (h) (1) For purposes of Article 1 (commencing with Section 5150), Article 2 (commencing with Section 5200), Article 3 (commencing with Section 5225), and Article 4 (commencing with Section 5250) of Chapter 2, and for purposes of Chapter 3 (commencing with Section 5350), “gravely disabled” means any of the following, as applicable: (A) A condition in which a person, as a result of a mental health disorder, a severe substance use disorder, or a co-occurring mental health disorder and a severe substance use disorder, is unable to provide for their basic personal needs for food, clothing, shelter, personal safety, or necessary medical care. (B) A condition in which a person has been found mentally incompetent under Section 1370 of the Penal Code and all of the following facts exist: (i) The complaint, indictment, or information pending against the person at the time of commitment charges a felony involving death, great bodily harm, or a serious threat to the physical well-being of another person. (ii) There has been a finding of probable cause on a complaint pursuant to paragraph (2) of subdivision (a) of Section 1368.1 of the Penal Code, a preliminary examination pursuant to Section 859b of the Penal Code, or a grand jury indictment, and the complaint, indictment, or information has not been dismissed. (iii) As a result of a mental health disorder, the person is unable to understand the nature and purpose of the proceedings taken against them and to assist counsel in the conduct of their defense in a rational manner. (iv) The person represents a substantial danger of physical harm to others by reason of a mental disease, defect, or disorder. (2) For purposes of Article 3 (commencing with Section 5225) and Article 4 (commencing with Section 5250), of Chapter 2, and for purposes of Chapter 3 (commencing with Section 5350), “gravely disabled” includes a condition in which a person, as a result of impairment by chronic alcoholism, is unable to provide for their basic personal needs for food, clothing, shelter, personal safety, or necessary medical care. (3) The term “gravely disabled” does not include persons with intellectual disabilities by reason of that disability alone. (4) A county, by adoption of a resolution of its governing body, may elect to defer implementation of the changes made to this section by Senate Bill 43 of the 2023–24 Regular Session of the Legislature until January 1, 2026. (i) “Peace officer” means a duly sworn peace officer as that term is defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code who has completed the basic training course established by the Commission on Peace Officer Standards and Training, or any parole officer or probation officer specified in Section 830.5 of the Penal Code when acting in relation to cases for which the officer has a legally mandated responsibility. (j) “Postcertification treatment” means an additional period of treatment pursuant to Article 6 (commencing with Section 5300) of Chapter 2. (k) “Court,” unless otherwise specified, means a court of record. (l) “Antipsychotic medication” means any medication customarily prescribed for the treatment of symptoms of psychoses and other severe mental and emotional disorders. (m) “Emergency” means a situation in which action to impose treatment over the person’s objection is immediately necessary for the preservation of life or the prevention of serious bodily harm to the patient or others, and it is impracticable to first gain consent. It is not necessary for harm to take place or become unavoidable prior to treatment. (n) (1) “Designated facility,” “facility designated by the county for evaluation and treatment,” or “facility designated by the county to provide intensive treatment” means a facility that meets designation requirements duly established by the State Department of Health Care Services in accordance with Section 5404, including, but not limited to, the following: (A) Psychiatric health facilities licensed by the State Department of Health Care Services. (B) Psychiatric residential treatment facilities licensed by the State Department of Health Care Services. (C) Mental health rehabilitation centers licensed by the State Department of Health Care Services. (D) Provider sites certified by the State Department of Health Care Services or a mental health plan to provide crisis stabilization. (E) General acute care hospitals licensed by the State Department of Public Health. (F) Acute psychiatric hospitals licensed by the State Department of Public Health. (G) Chemical dependency recovery hospitals licensed by the State Department of Public Health. (H) Hospitals operated by the United States Department of Veterans Affairs. (2) (A) A county may designate a facility for the purpose of providing one or more of the following services: (i) Providing evaluation and treatment pursuant to Article 1 (commencing with Section 5150) of Chapter 2. (ii) Providing intensive treatment pursuant to Article 4 (commencing with Section 5250) of Chapter 2. (iii) Providing additional intensive treatment pursuant to Article 4.5 (commencing with Section 5260) of Chapter 2. (iv) Providing additional intensive treatment pursuant to Article 4.7 (commencing with Section 5270.10) of Chapter 2. (v) Providing postcertification treatment pursuant to Article 6 (commencing with Section 5300) of Chapter 2. (B) A county may designate a facility, as is appropriate and based on capability, for the purpose of providing one or more types of treatment listed in subparagraph (A) of paragraph (3) of subdivision (n) without designating the facility to provide all treatments. (3) 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 subdivision, 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. (o) “Severe substance use disorder” means a diagnosed substance-related disorder that meets the diagnostic criteria of “severe” as defined in the most current version of the Diagnostic and Statistical Manual of Mental Disorders. (p) “Personal safety” means the ability of one to survive safely in the community without involuntary detention or treatment pursuant to this part. (q) “Necessary medical care” means care that a licensed health care practitioner, while operating within the scope of their practice, determines to be necessary to prevent serious deterioration of an existing physical medical condition that, if left untreated, is likely to result in serious bodily injury as defined in Section 15610.67. (Amended by Stats. 2024, Ch. 644, Sec. 5. (SB 1238) Effective January 1, 2025.)
  136. 5008.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 1. General Provisions [5000 - 5122] ( Chapter 1 added by Stats. 1967, Ch. 1667. )

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    This section defines “judicially committed” for use in specified parts of the Welfare and Institutions Code.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 1. General Provisions [5000 - 5122] ( Chapter 1 added by Stats. 1967, Ch. 1667. ) ## 5008.1. As used in this division and in Division 4 (commencing with Section 4000), Division 4.1 (commencing with Section 4400), Division 6 (commencing with Section 6000), Division 7 (commencing with Section 7100), and Division 8 (commencing with Section 8000), the term “judicially committed” means all of the following: (a) Persons who are mentally disordered sex offenders placed in a state hospital or institutional unit for observation or committed to the State Department of State Hospitals pursuant to Article 1 (commencing with Section 6300) of Chapter 2 of Part 2 of Division 6. (b) Developmentally disabled persons who are admitted to a state hospital upon application or who are committed to the State Department of Developmental Services by court order pursuant to Article 2 (commencing with Section 6500) of Chapter 2 of Part 2 of Division 6. (c) Persons committed to the State Department of State Hospitals or a state hospital pursuant to the Penal Code. (Amended by Stats. 2012, Ch. 24, Sec. 124. (AB 1470) Effective June 27, 2012.)
  137. 5008.2.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 1. General Provisions [5000 - 5122] ( Chapter 1 added by Stats. 1967, Ch. 1667. )

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    When deciding certain mental disorder cases, decision-makers must consider a person’s historical mental health course if it directly bears on danger or grave disability. Facilities must make reasonable efforts to share family-provided information with the court, and irrelevant evidence may be excluded.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 1. General Provisions [5000 - 5122] ( Chapter 1 added by Stats. 1967, Ch. 1667. ) ## 5008.2. (a) When applying the definition of mental disorder for the purposes of Articles 2 (commencing with Section 5200), 4 (commencing with Section 5250), and 5 (commencing with Section 5275) of Chapter 2 and Chapter 3 (commencing with Section 5350), the historical course of the person’s mental disorder, as determined by available relevant information about the course of the person’s mental disorder, shall be considered when it has a direct bearing on the determination of whether the person is a danger to others, or to himself or herself, or is gravely disabled, as a result of a mental disorder. The historical course shall include, but is not limited to, evidence presented by persons who have provided, or are providing, mental health or related support services to the patient, the patient’s medical records as presented to the court, including psychiatric records, or evidence voluntarily presented by family members, the patient, or any other person designated by the patient. Facilities shall make every reasonable effort to make information provided by the patient’s family available to the court. The hearing officer, court, or jury shall exclude from consideration evidence it determines to be irrelevant because of remoteness of time or dissimilarity of circumstances. (b) This section shall not be applied to limit the application of Section 5328 or to limit existing rights of a patient to respond to evidence presented to the court. (Amended by Stats. 2001, Ch. 506, Sec. 5. Effective January 1, 2002.)
  138. 5009.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 1. General Provisions [5000 - 5122] ( Chapter 1 added by Stats. 1967, Ch. 1667. )

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    People receiving evaluation or treatment under this part must be given a choice of physician or other professional provider, subject to agency policy and available staff.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 1. General Provisions [5000 - 5122] ( Chapter 1 added by Stats. 1967, Ch. 1667. ) ## 5009. Persons receiving evaluation or treatment under this part shall be given a choice of physician or other professional person providing such services, in accordance with the policies of each agency providing services, and within the limits of available staff in the agency. (Added by Stats. 1967, Ch. 1667.)
  139. 501.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 13.6. Serious Habitual Offenders [500 - 506] ( Article 13.6 added by Stats. 1986, Ch. 1441, Sec. 1. )

    Verify source ↗

    This section creates the Serious Habitual Offender Program and gives the Office of Criminal Justice Planning authority to administer and award its funds, with conditions on use, matching funds, and duration.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 13.6. Serious Habitual Offenders [500 - 506] ( Article 13.6 added by Stats. 1986, Ch. 1441, Sec. 1. ) ## 501. (a) There is hereby established in the Office of Criminal Justice Planning a program of financial assistance for law enforcement, district attorneys, probation departments, juvenile courts, and schools, designated the Serious Habitual Offender Program. All funds appropriated to the Office of Criminal Justice Planning for the purposes of this article shall be administered and disbursed by the executive director of that office, and shall, to the greatest extent feasible, be coordinated or consolidated with federal funds that may be made available for these purposes. (b) From moneys appropriated therefor, the Executive Director of the Office of Criminal Justice Planning may allocate and award funds to agencies in which programs are established in substantial compliance with the policies and criteria set forth in this article. Awards made to individual agencies shall not exceed three years in duration. An agency receiving an award shall provide matching funds at an increasing rate each year; the rate shall be as determined by the Office of Criminal Justice Planning for that agency. (c) Allocation and award of funds for the purposes of this article shall be made upon application by a district attorney, a local law enforcement agency, a probation department, or a school district, that has been approved by the appropriate governing board of the particular agency. The applicant agency shall use the funds to create an information gathering and analysis unit responsible for the identification of serious habitual offenders and for the dissemination of information about the activities of those offenders to the juvenile justice system. This unit shall participate in the planning, support, and assistance of activities required in Sections 503 to 506, inclusive. Funds disbursed under this article shall not supplant local funds that would, in absence of the program established by this article, be made available to support the juvenile justice system. Local grant awards made under the program shall not be subject to review as specified in Section 14780 of the Government Code. (Amended by Stats. 1989, Ch. 1356, Sec. 1.)
  140. 5010.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 1. General Provisions [5000 - 5122] ( Chapter 1 added by Stats. 1967, Ch. 1667. )

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    A designated agency may access certain records of a person with developmental disabilities in a facility if specific complaint, consent, and guardianship conditions are met.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 1. General Provisions [5000 - 5122] ( Chapter 1 added by Stats. 1967, Ch. 1667. ) ## 5010. The agency established in this state to fulfill the requirements and assurances of Section 142 of the federal Developmental Disabilities Act of 1984 for a system to protect and advocate the rights of persons with developmental disabilities, as that term is defined by Section 102(7) of the federal act, shall have access to the records of a person with developmental disabilities who resides in a facility for persons with developmental disabilities when both of the following conditions apply: (1) The agency has received a complaint from or on behalf of the person and the person consents to the disclosure of the records to the extent of his or her capabilities. (2) The person does not have a parent, guardian or conservator, or the state or the designee of the state is the person’s guardian or conservator. (Added by Stats. 1985, Ch. 1121, Sec. 2.)
  141. 5012.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 1. General Provisions [5000 - 5122] ( Chapter 1 added by Stats. 1967, Ch. 1667. )

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    Custody under this part cannot be used to decide whether someone is eligible for payment or reimbursement for certain health care services.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 1. General Provisions [5000 - 5122] ( Chapter 1 added by Stats. 1967, Ch. 1667. ) ## 5012. The fact that a person has been taken into custody under this part may not be used in the determination of that person’s eligibility for payment or reimbursement for mental health or other health care services for which he or she has applied or received under the Medi-Cal program, any health care service plan licensed under the Knox-Keene Health Care Service Plan Act of 1975 (Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code), or any insurer providing health coverage doing business in the state. (Added by Stats. 2001, Ch. 506, Sec. 6. Effective January 1, 2002.)
  142. 5013.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 1. General Provisions [5000 - 5122] ( Chapter 1 added by Stats. 1967, Ch. 1667. )

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    The Legislature says referrals should be helped by sharing information and records, and city or county mental health departments are encouraged to post and update a local services list on their websites.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 1. General Provisions [5000 - 5122] ( Chapter 1 added by Stats. 1967, Ch. 1667. ) ## 5013. (a) It is the intent of the Legislature that referrals between facilities, providers, and other organizations shall be facilitated by the sharing of information and records in accordance with Section 5328 and applicable federal and state laws. (b) Each city or county mental health department is encouraged to include on its Internet Web site a current list of ambulatory services and other resources for persons with mental health disorders and substance use disorders in the city or county that may be accessed by providers and consumers of mental health services. The list of services on the Internet Web site should be updated at least annually by the city or county mental health department. (Added by Stats. 2013, Ch. 567, Sec. 3. (SB 364) Effective January 1, 2014.)
  143. 5014.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 1. General Provisions [5000 - 5122] ( Chapter 1 added by Stats. 1967, Ch. 1667. )

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    Counties may use specified funds to pay for services, and a person cannot be denied access to Behavioral Health Services Fund–funded services solely because of voluntary or involuntary legal status.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 1. General Provisions [5000 - 5122] ( Chapter 1 added by Stats. 1967, Ch. 1667. ) ## 5014. (a) To the extent otherwise permitted under state and federal law and consistent with the Mental Health Services Act, both of the following apply for purposes of Article 1 (commencing with Section 5150) and Article 4 (commencing with Section 5250) of Chapter 2 and Chapter 3 (commencing with Section 5350): (1) Counties may pay for the provision of services using funds distributed to the counties from the Mental Health Subaccount, the Mental Health Equity Subaccount, and the Vehicle License Collection Account of the Local Revenue Fund, funds from the Mental Health Account and the Behavioral Health Subaccount within the Support Services Account of the Local Revenue Fund 2011, funds from the Behavioral Health Services Fund when included in county plans pursuant to Section 5847, and any other funds from which the Controller makes distributions to the counties for those purposes. (2) A person shall not be denied access to services funded by the Behavioral Health Services Fund based solely on the person’s voluntary or involuntary legal status. (b) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. (Amended by Stats. 2024, Ch. 40, Sec. 36. (SB 159) Effective June 29, 2024. Operative January 1, 2025, pursuant to Sec. 85 of Stats. 2024, Ch. 40.)
  144. 502.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 13.6. Serious Habitual Offenders [500 - 506] ( Article 13.6 added by Stats. 1986, Ch. 1441, Sec. 1. )

    Verify source ↗

    This section identifies which previously adjudged wards may be targeted by programs under the article, bars use of certain arrests in the eligibility calculation, and requires prosecutor certification for arrests that did not lead to a sustained petition when used for selection.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 13.6. Serious Habitual Offenders [500 - 506] ( Article 13.6 added by Stats. 1986, Ch. 1441, Sec. 1. ) ## 502. (a) An individual shall be the subject of the efforts of programs established pursuant to this article who has been previously adjudged a ward pursuant to Section 602 and is described in any of the following paragraphs: (1) Has accumulated five total arrests, three arrests for crimes chargeable as felonies and three arrests within the preceding 12 months. (2) Has accumulated 10 total arrests, two arrests for crimes chargeable as felonies and three arrests within the preceding 12 months. (3) Has been arrested once for three or more burglaries, robberies, or sexual assaults within the preceding 12 months. (4) Has accumulated 10 total arrests, eight or more arrests for misdemeanor crimes of theft, assault, battery, narcotics or controlled substance possession, substance abuse, or use or possession of weapons, and has three arrests within the preceding 12 months. (b) Arrests for infractions or conduct described in Section 601 shall not be utilized in determining whether an individual is described in subdivision (a). All arrests used in determining eligibility for selection for program participation that did not result in a sustained petition shall be certified by the prosecutor as having been provable. (c) In applying the selection criteria set forth above, a program may elect to limit its efforts to persons described in one or more of the categories listed in subdivision (a), or specified felonies, if crime statistics demonstrate that the persons so identified present a particularly serious problem in the county, or that the incidence of the felonies so specified present a particularly serious problem in the county. (Added by Stats. 1986, Ch. 1441, Sec. 1.)
  145. 5020.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 1. General Provisions [5000 - 5122] ( Chapter 1 added by Stats. 1967, Ch. 1667. )

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    A minor age 3 to 18 with a mental health condition must have an aftercare plan developed when considered for release from a state hospital.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 1. General Provisions [5000 - 5122] ( Chapter 1 added by Stats. 1967, Ch. 1667. ) ## 5020.1. A minor with a mental health condition, between the ages of 3 and 18, upon being considered for release from a state hospital shall have an aftercare plan developed. Such plan shall include educational or training needs, provided these are necessary for the patient’s well-being. (Amended by Stats. 2024, Ch. 948, Sec. 10. (AB 2119) Effective January 1, 2025.)
  146. 503.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 13.6. Serious Habitual Offenders [500 - 506] ( Article 13.6 added by Stats. 1986, Ch. 1441, Sec. 1. )

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    Programs funded under this article must adopt and carry out specified policies on data collection, prosecution, probation, and school reporting for serious habitual offenders.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 13.6. Serious Habitual Offenders [500 - 506] ( Article 13.6 added by Stats. 1986, Ch. 1441, Sec. 1. ) ## 503. Programs funded under this article shall adopt and pursue the following policies: (a) Each participating law enforcement agency shall do all of the following: (1) Gather data on identified serious habitual offenders. (2) Compile data into a usable format for law enforcement, prosecutors, probation officers, schools, and courts pursuant to an interagency agreement. (3) Regularly update data and disseminate data to juvenile justice system agencies, as needed. (4) Establish local policies in cooperation with the prosecutor, the probation officer, schools, and the juvenile court regarding data collection, arrest, and detention of serious habitual offenders. (5) Provide support and assistance to other agencies engaged in the program. (b) Each participating district attorney’s office shall do all of the following: (1) File petitions based on the most serious provable offenses of each arrest of a serious habitual offender. (2) Use all reasonable prosecutorial efforts to resist the release, where appropriate, of the serious habitual offender at all stages of the prosecution. (3) Seek an admission of guilt on all offenses charged in the petition against the offender. The only cases in which the prosecutor may request the court to reduce or dismiss the charges shall be cases in which the prosecutor decides there is insufficient evidence to prove the people’s case, the testimony of a material witness cannot be obtained or a reduction or dismissal will not result in a substantial change in sentence. In those cases, the prosecutor shall file a written declaration with the court stating the specific factual and legal basis for such a reduction or dismissal and the court shall make specific findings on the record of its ruling and the reasons therefor. (4) Vertically prosecute all cases involving serious habitual offenders, whereby the prosecutor who makes the initial filing decision or appearance on such a case shall perform all subsequent court appearances on that case through its conclusion, including the disposition phase. (5) Make all reasonable prosecutorial efforts to persuade the court to impose the most appropriate sentence upon such an offender at the time of disposition. As used in this paragraph, “most appropriate sentence” means any disposition available to the juvenile court. (6) Make all reasonable prosecutorial efforts to reduce the time between arrest and disposition of the charge. (7) Act as liaison with the court and other criminal justice agencies to establish local policies regarding the program and to ensure interagency cooperation in the planning and implementation of the program. (8) Provide support and assistance to other agencies engaged in the program. (c) Each participating probation department shall do all of the following: (1) Cooperate in gathering data for use by all participating agencies pursuant to interagency agreement. (2) Detain minors in custody who meet the detention criteria set forth in Section 628. (3) Consider the data relating to serious habitual offenders when making all decisions regarding the identified individual and include relevant data in written reports to the court. (4) Use all reasonable efforts to file violations of probation pursuant to Section 777 in a timely manner. (5) Establish local policies in cooperation with law enforcement, the district attorney, schools, and the juvenile court regarding the program and provide support and assistance to other agencies engaged in the program. (d) Each participating school district shall do all of the following: (1) Cooperate in gathering data for use by all participating agencies pursuant to interagency agreement. School district access to records and data shall be limited to that information that is otherwise authorized by law. (2) Report all crimes that are committed on campus by serious habitual offenders to law enforcement. (3) Report all violations of probation committed on campus by serious habitual offenders to the probation officer or his or her designee. (4) Provide educational supervision and services appropriate to serious habitual offenders attending schools. (5) Establish local policies in cooperation with law enforcement, the district attorney, probation and the juvenile court regarding the program and provide support and assistance to other agencies engaged in the program. (Amended by Stats. 2004, Ch. 193, Sec. 207. Effective January 1, 2005.)
  147. 504.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 13.6. Serious Habitual Offenders [500 - 506] ( Article 13.6 added by Stats. 1986, Ch. 1441, Sec. 1. )

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    A juvenile court judge must authorize certain record inspections for a participating law enforcement agency.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 13.6. Serious Habitual Offenders [500 - 506] ( Article 13.6 added by Stats. 1986, Ch. 1441, Sec. 1. ) ## 504. The judge of the juvenile court shall authorize the inspection of juvenile court records, probation and protective services records, district attorney records, school records, and law enforcement records by the participating law enforcement agency charged with the compilation of the data relating to serious habitual offenders into the format used by all participating agencies. (Added by Stats. 1986, Ch. 1441, Sec. 1.)
  148. 505.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 13.6. Serious Habitual Offenders [500 - 506] ( Article 13.6 added by Stats. 1986, Ch. 1441, Sec. 1. )

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    Participating agencies in a county must sign a written interagency agreement within three months after the program starts and must meet at least monthly to manage the program and share information.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 13.6. Serious Habitual Offenders [500 - 506] ( Article 13.6 added by Stats. 1986, Ch. 1441, Sec. 1. ) ## 505. Within three months of implementation of the program, all participating agencies in a county shall execute a written interagency agreement outlining their role in the program, including the duties they will perform, the duties other agencies will perform for and with them, and the categories of information to be collected and the plan for its distribution and use. All participating agencies will meet no less than once each month to plan, implement, and refine the operation of the program and to exchange information about individuals subject to the program or other related topics. (Amended by Stats. 1989, Ch. 1356, Sec. 2.)
  149. 506.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 13.6. Serious Habitual Offenders [500 - 506] ( Article 13.6 added by Stats. 1986, Ch. 1441, Sec. 1. )

    Verify source ↗

    Participating law enforcement agencies and district attorneys must adopt procedures to check the juvenile criminal history of all adults whose cases are submitted for filing.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 13.6. Serious Habitual Offenders [500 - 506] ( Article 13.6 added by Stats. 1986, Ch. 1441, Sec. 1. ) ## 506. Law enforcement agencies and district attorneys participating in programs funded pursuant to this article shall adopt procedures to require a check of juvenile criminal history of all adults whose cases are presented to the district attorney’s office for filing. The juvenile criminal history shall be considered by the district attorney in the charging decision and establishing the district attorney’s position on the appropriate plea and sentence. (Added by Stats. 1986, Ch. 1441, Sec. 1.)
  150. 5110.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 1. General Provisions [5000 - 5122] ( Chapter 1 added by Stats. 1967, Ch. 1667. )

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    For certain superior court proceedings involving a person placed outside their county of residence, the county where the proceeding is held must prepare a certified cost statement and send it to the proper county for reimbursement.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 1. General Provisions [5000 - 5122] ( Chapter 1 added by Stats. 1967, Ch. 1667. ) ## 5110. Whenever a proceeding is held in a superior court under Article 5 (commencing with Section 5275) or Article 6 (commencing with Section 5300) of this chapter or Chapter 3 (commencing with Section 5350) of this part involving a person who has been placed in a facility located outside the county of residence of the person, the provisions of this section shall apply. 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 residence of the person, which shall reimburse the county providing the services. If it is not possible to determine the actual county of residence of the person, the statement shall be sent to the county in which the person was originally detained, which shall reimburse the county providing the services. (Amended by Stats. 2002, Ch. 221, Sec. 208. Effective January 1, 2003.)
  151. 5111.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 1. General Provisions [5000 - 5122] ( Chapter 1 added by Stats. 1967, Ch. 1667. )

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    A county that does not have a public defender may pay attorneys appointed for people who are entitled to counsel in proceedings under this part.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 1. General Provisions [5000 - 5122] ( Chapter 1 added by Stats. 1967, Ch. 1667. ) ## 5111. Any county without a public defender is authorized to compensate the attorneys appointed for persons entitled to be represented by counsel in proceedings under this part. (Added by Stats. 1970, Ch. 1627.)
  152. 5113.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 1. General Provisions [5000 - 5122] ( Chapter 1 added by Stats. 1967, Ch. 1667. )

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    Some facility and detention-related actors are not civilly or criminally liable for actions taken by a person released on or before the end of the admission period, except for the listed sections.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 1. General Provisions [5000 - 5122] ( Chapter 1 added by Stats. 1967, Ch. 1667. ) ## 5113. Except as provided in Sections 5154, 5173, 5259.3, 5267, and 5306, the facility providing treatment pursuant to Article 1 (commencing with Section 5150), Article 1.5 (commencing with Section 5170), Article 4 (commencing with Section 5250), Article 4.5 (commencing with Section 5260), or Article 6 (commencing with Section 5300) of Chapter 2, the superintendent of the facility, the professional person in charge of the facility and their designee, the professional person designated pursuant to Section 5121 and responsible for the detainment of the person, or the peace officer responsible for the detainment of the person shall not be civilly or criminally liable for any action by a person released at or before the end of the period for which the person was admitted pursuant to the provisions of the appropriate article. (Amended by Stats. 2025, Ch. 691, Sec. 1. (AB 416) Effective January 1, 2026.)
  153. 5114.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 1. General Provisions [5000 - 5122] ( Chapter 1 added by Stats. 1967, Ch. 1667. )

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    At judicial proceedings under this division, the county district attorney must present allegations that a person is dangerous, gravely disabled, or affected by mental disorder or chronic alcoholism, unless the board of supervisors delegates that task to county counsel.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 1. General Provisions [5000 - 5122] ( Chapter 1 added by Stats. 1967, Ch. 1667. ) ## 5114. At any judicial proceeding under the provisions of this division, allegations that the person is a danger to others, or to himself, or gravely disabled as a result of mental disorder or impairment by chronic alcoholism, shall be presented by the district attorney for the county, unless the board of supervisors, by ordinance or resolution, delegates such duty to the county counsel. (Added by Stats. 1970, Ch. 1627.)
  154. 5115.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 1. General Provisions [5000 - 5122] ( Chapter 1 added by Stats. 1967, Ch. 1667. )

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    People with mental health disorders or physical disabilities are entitled to live in normal residential surroundings, and zoning must treat property used to care for six or fewer such persons as residential use.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 1. General Provisions [5000 - 5122] ( Chapter 1 added by Stats. 1967, Ch. 1667. ) ## 5115. The Legislature hereby finds and declares: (a) It is the policy of this state, as declared and established in this section and in the Lanterman Developmental Disabilities Services Act, Division 4.5 (commencing with Section 4500), that persons with mental health disorders or physical disabilities are entitled to live in normal residential surroundings and should not be excluded therefrom because of their disability. (b) In order to achieve uniform statewide implementation of the policies of this section and those of the Lanterman Developmental Disabilities Services Act, it is necessary to establish the statewide policy that the use of property for the care of six or fewer persons with mental health disorders or other disabilities is a residential use of the property for the purposes of zoning. (Amended by Stats. 2014, Ch. 144, Sec. 87. (AB 1847) Effective January 1, 2015.)
  155. 5116.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 1. General Provisions [5000 - 5122] ( Chapter 1 added by Stats. 1967, Ch. 1667. )

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    Certain licensed, certified, or state-authorized family, foster, and group homes may be treated as residential uses and allowed in residential zones if they serve six or fewer people and provide 24-hour care.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 1. General Provisions [5000 - 5122] ( Chapter 1 added by Stats. 1967, Ch. 1667. ) ## 5116. (a) Pursuant to the policy stated in Section 5115, a state-authorized, certified, or licensed family care home, foster home, or group home serving six or fewer persons with mental health disorders or other disabilities or dependent and neglected children, shall be considered a residential use of property for the purposes of zoning if the homes provide care on a 24-hour-a-day basis. (b) These homes shall be a permitted use in all residential zones, including, but not limited to, residential zones for single-family dwellings. (Amended by Stats. 2014, Ch. 144, Sec. 88. (AB 1847) Effective January 1, 2015.)
  156. 5117.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 1. General Provisions [5000 - 5122] ( Chapter 1 added by Stats. 1967, Ch. 1667. )

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    The section says it is desirable to consolidate certain facility standards, licensure, and ratesetting functions under the Health and Welfare Agency.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 1. General Provisions [5000 - 5122] ( Chapter 1 added by Stats. 1967, Ch. 1667. ) ## 5117. In order to further facilitate achieving the purposes of this act and the Lanterman Mental Retardation Act of 1969, it is desirable that there be a consolidation of the facilities standard setting, licensure and ratesetting functions of the various state departments under the jurisdiction of the Health and Welfare Agency. (Amended by Stats. 1979, Ch. 373.)
  157. 5118.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 1. General Provisions [5000 - 5122] ( Chapter 1 added by Stats. 1967, Ch. 1667. )

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    This section lets the court hold hearings at suitable times and places, allows some hearings to be closed when confidential information is disclosed, and gives the subject of the proceeding certain public-hearing and attendance requests.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 1. General Provisions [5000 - 5122] ( Chapter 1 added by Stats. 1967, Ch. 1667. ) ## 5118. (a) For the purpose of conducting hearings under this part, the court in and for the county where the petition is filed may be convened at any time and place within or outside the county suitable to the mental and physical health of the patient, and receive evidence both oral and written, and render decisions, except that the time and place for hearing shall not be different from the time and place for the trial of civil actions for such court if any party to the proceeding, prior to the hearing, objects to the different time or place. (b) Hearings conducted at a state hospital or a mental health facility designated by a county as a treatment facility under this part or any facility referred to in Section 5358 or Division 7 (commencing with Section 7100), within or outside the county, shall be deemed to be hearings held in a place for the trial of civil actions and in a regular courtroom of the court. (c) (1) Notwithstanding any other law, and except as otherwise provided in this subdivision, a hearing held under this part is presumptively closed to the public if that hearing involves the disclosure of confidential information. (2) The individual who is the subject of the proceeding may demand that the hearing be public, and be held in a place suitable for attendance by the public. (3) The individual who is the subject of the proceeding may also request the presence of any family member or friend without waiving the right to keep the hearing closed to the rest of the public. (4) A request by any other party to the proceeding to make the hearing public may be granted if the judge, hearing officer, or other person conducting the hearing finds that the public interest in an open hearing clearly outweighs the individual’s interest in privacy. (5) Before commencing a hearing, the judge, hearing officer, or other person conducting the hearing shall inform the individual who is the subject of the proceeding of their rights under this section. (d) As used in this section, “hearing” means any proceeding conducted under this part, including, but not limited to, conservatorship and other hearings held pursuant to Chapter 3 (commencing with Section 5350), certification review hearings, and jury trials. (Amended by Stats. 2021, Ch. 389, Sec. 1. (SB 578) Effective January 1, 2022.)
  158. 5119.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 1. General Provisions [5000 - 5122] ( Chapter 1 added by Stats. 1967, Ch. 1667. )

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    A county board of supervisors may let certain state mental health employees keep or receive comparable benefits when they move to county mental health jobs, and a county may set up retraining programs if they are fully funded by state and federal money.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 1. General Provisions [5000 - 5122] ( Chapter 1 added by Stats. 1967, Ch. 1667. ) ## 5119. On and after July 1, 1972, when a person who is an employee of the State Department of Mental Health at the time of employment by a county in a county mental health program or on and after July 1, 1972, when a person has been an employee of the State Department of Mental Health within the 12-month period prior to his employment by a county in a county mental health program, the board of supervisors may, to the extent feasible, allow such person to retain as a county employee, those employee benefits to which he was entitled or had accumulated as an employee of the State Department of Mental Health or provide such employee with comparable benefits provided for other county employees whose service as county employees is equal to the state service of the former employee of the State Department of Mental Health. Such benefits include, but are not limited to, retirement benefits, seniority rights under civil service, accumulated vacation and sick leave. The county may on and after July 1, 1972, establish retraining programs for the State Department of Mental Health employees transferring to county mental health programs provided such programs are financed entirely with state and federal funds made available for that purpose. For the purpose of this section “employee of the Department of Mental Health” means an employee of such department who performs functions which, prior to July 1, 1973, were vested in the Department of Mental Hygiene. (Amended by Stats. 1977, Ch. 1252.)
  159. 5120.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 1. General Provisions [5000 - 5122] ( Chapter 1 added by Stats. 1967, Ch. 1667. )

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    Cities and counties may not treat psychiatric-care property differently from general hospital or nursing home property in zoning, enforcement, or administration, and such psychiatric facilities must be allowed in the specified zoning areas.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 1. General Provisions [5000 - 5122] ( Chapter 1 added by Stats. 1967, Ch. 1667. ) ## 5120. It is the policy of this state as declared and established in this act and in the Lanterman-Petris-Short Act that the care and treatment of individuals with a mental health condition be provided in the local community. In order to achieve uniform statewide implementation of the policies of this act, it is necessary to establish the statewide policy that, notwithstanding any other provision of law, no city or county shall discriminate in the enactment, enforcement, or administration of any zoning laws, ordinances, or rules and regulations between the use of property for the treatment of general hospital or nursing home patients and the use of property for the psychiatric care and treatment of patients, both inpatient and outpatient. Health facilities for inpatient and outpatient psychiatric care and treatment shall be permitted in any area zoned for hospitals or nursing homes, or in which hospitals and nursing homes are permitted by conditional use permit. (Amended by Stats. 2024, Ch. 948, Sec. 11. (AB 2119) Effective January 1, 2025.)
  160. 5121.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 1. General Provisions [5000 - 5122] ( Chapter 1 added by Stats. 1967, Ch. 1667. )

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    County behavioral health directors may create designation and training procedures for professionals who perform Section 5150 functions, and Sacramento has a special written-policy requirement if it adopts such procedures.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 1. General Provisions [5000 - 5122] ( Chapter 1 added by Stats. 1967, Ch. 1667. ) ## 5121. (a) The county behavioral health director may develop procedures for the county’s designation and training of professionals who will be designated to perform functions under Section 5150. These procedures may include, but are not limited to, the following: (1) The license types, practice disciplines, and clinical experience of professionals eligible to be designated by the county. (2) The initial and ongoing training and testing requirements for professionals eligible to be designated by the county. (3) The application and approval processes for professionals seeking to be designated by the county, including the timeframe for initial designation and procedures for renewal of the designation. (4) The county’s process for monitoring and reviewing professionals designated by the county to ensure appropriate compliance with state law, regulations, and county procedures. (b) A county behavioral health director may develop a training for the procedures for designation developed pursuant to subdivision (a). (c) If a county behavioral health director denies or revokes an individual’s designation, the county behavioral health director shall, in writing, notify the person who made the request for designation of the individual and the individual who is the subject of the request for designation describing the reasons for denial or revocation. (d) Designated members of a mobile crisis team and designated professional persons shall not be prohibited from transporting a person taken into custody pursuant to Section 5150. (e) If the county behavioral health director of the County of Sacramento develops procedures pursuant to subdivision (a), the county behavioral health director of the County of Sacramento shall, by April 1, 2022, issue a written policy regarding the procedures developed pursuant to subdivision (a). The policy shall address, at a minimum, the topics identified in paragraphs (1) to (4), inclusive, of subdivision (a). The policy shall require the county behavioral health director of the County of Sacramento to designate individuals employed by the City of Sacramento who are also members of a mobile crisis team or who are also professional persons if all of the following are true: (1) The City of Sacramento submits a written request to the county behavioral health director. (2) The individuals meet the requirements for designation included in the policy. (3) If the county behavioral health director of the County of Sacramento has developed a training pursuant to subdivision (b), the individuals have completed that training. (f) (1) A county behavioral health director shall include an emergency physician as one of the practice disciplines eligible to be designated by the county when developing and implementing procedures pursuant to paragraph (1) of subdivision (a). (2) This subdivision does not affect the training, application, approval, and revocation process that applies to all professionals who are eligible to be designated by the county, including an emergency physician, in order to be designated by the county to perform functions under Section 5150. (3) For purposes of this section, “emergency physician” means a physician and surgeon who provides medical screening and treatment of patients in the emergency department of a general acute care hospital licensed under Chapter 2 (commencing with Section 1250) of Division 2 of the Health and Safety Code. (Amended by Stats. 2025, Ch. 691, Sec. 2. (AB 416) Effective January 1, 2026.)
  161. 5122.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 1. General Provisions [5000 - 5122] ( Chapter 1 added by Stats. 1967, Ch. 1667. )

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    This section creates a hearsay exception for certain health-practitioner statements in medical records used by expert witnesses in conservatorship proceedings, allows the other side to call the declarant as a witness, and lets the court grant a reasonable continuance if the medical record was not provided.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 1. General Provisions [5000 - 5122] ( Chapter 1 added by Stats. 1967, Ch. 1667. ) ## 5122. (a) For purposes of an opinion offered by an expert witness in a proceeding relating to the appointment or reappointment of a conservator pursuant to Chapter 3 (commencing with Section 5350) or Chapter 5 (commencing with Section 5450), the statement of a health practitioner, as defined in subdivision (d), included in the medical record is not made inadmissible by the hearsay rule when the statement pertains to the person’s symptoms or behavior stemming from a mental health disorder or severe substance use disorder that the expert relies upon to explain the basis for their opinion, if the statement is based on the observation of the declarant, and the court finds, in a hearing conducted outside the presence of the jury, that the time, content, and circumstances of the statement provide sufficient indicia of reliability. (b) This section does not affect the ability of a party to call as a witness the declarant of any statement contained in the medical record, whether or not the declarant’s statement was relied on by the expert witness. (c) The court may grant a reasonable continuance if an expert witness in a proceeding relied on the medical record and the medical record has not been provided to the parties or their counsel. (d) (1) “Health practitioner” means a physician and surgeon, psychiatrist, psychologist, resident, intern, registered nurse, licensed clinical social worker or associate clinical social worker, licensed marriage and family therapist or associate marriage and family therapist, licensed professional clinical counselor or associate professional clinical counselor, any emergency medical technician I or II, paramedic, or person certified pursuant to Division 2.5 (commencing with Section 1797) of the Health and Safety Code, and a psychological associate registered pursuant to Section 2913 of the Business and Professions Code. (2) “Medical record” means any record, in any form or medium, maintained or lawfully obtained by, or in the custody or control of, the office of the public conservator or public guardian that is prepared by a health practitioner and relates to the health history, diagnosis, or condition of a patient, or relating to treatment provided or proposed to be provided to the patient who is subject to a conservatorship pursuant to Chapter 3 (commencing with Section 5350). Medical record includes records of care in any health-related setting used by health care professionals while providing patient care services, for reviewing patient data or documenting observations, actions, or instructions, including records that are considered part of the active, overflow, and discharge chart. Medical record also includes, but is not limited to, all alcohol and substance use and treatment records. (e) Nothing in this section affects the application of Section 1201 of the Evidence Code. (Added by Stats. 2023, Ch. 637, Sec. 3. (SB 43) Effective January 1, 2024.)
  162. 5150.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 2. Involuntary Treatment [5150 - 5349.1] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 1. Detention of Persons with a Mental Health Condition for Evaluation and Treatment [5150 - 5155] ( Heading of Article 1 amended by Stats. 2024, Ch. 948, Sec. 12. )

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    People meeting the mental-health criteria may be taken into custody for up to 72 hours for assessment and evaluation, and facilities must give advisements, keep records, and notify the county patients’ rights advocate if detention exceeds 72 hours.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 2. Involuntary Treatment [5150 - 5349.1] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 1. Detention of Persons with a Mental Health Condition for Evaluation and Treatment [5150 - 5155] ( Heading of Article 1 amended by Stats. 2024, Ch. 948, Sec. 12. ) ## 5150. (a) When a person, as a result of a mental health disorder, is a danger to others, or to themselves, or gravely disabled, a peace officer, professional person in charge of a facility designated by the county for evaluation and treatment, member of the attending staff, as defined by regulation, of a facility designated by the county for evaluation and treatment, designated members of a mobile crisis team, or professional person designated by the county may, upon probable cause, take, or cause to be taken, the person into custody for a period of up to 72 hours for assessment, evaluation, and crisis intervention, or placement for evaluation and treatment in a facility designated by the county for evaluation and treatment and approved by the State Department of Health Care Services. The 72-hour period begins at the time when the person is first detained. At a minimum, assessment, as defined in Section 5150.4, and evaluation, as defined in subdivision (a) of Section 5008, shall be conducted and provided on an ongoing basis. Crisis intervention, as defined in subdivision (e) of Section 5008, may be provided concurrently with assessment, evaluation, or any other service. (b) When determining if a person should be taken into custody pursuant to subdivision (a), the individual making that determination shall apply the provisions of Section 5150.05, and shall not be limited to consideration of the danger of imminent harm. (c) The professional person in charge of a facility designated by the county for evaluation and treatment, member of the attending staff, or professional person designated by the county shall assess the person to determine whether the person can be properly served without being detained. If, in the judgment of the professional person in charge of the facility designated by the county for evaluation and treatment, member of the attending staff, or professional person designated by the county, the person can be properly served without being detained, the person shall be provided evaluation, crisis intervention, or other inpatient or outpatient services on a voluntary basis. This subdivision does not prevent a peace officer from delivering an individual to a designated facility for assessment under this section. Furthermore, the assessment requirement of this subdivision does not require a peace officer to perform any additional duties other than those specified in Sections 5150.1 and 5150.2. (d) If a person is evaluated by a professional person in charge of a facility designated by the county for evaluation or treatment, member of the attending staff, or professional person designated by the county and is found to be in need of mental health services, but is not admitted to the facility, all available alternative services provided pursuant to subdivision (c) shall be offered, as determined by the county mental health director. (e) If, in the judgment of the professional person in charge of the facility designated by the county for evaluation and treatment, member of the attending staff, or the professional person designated by the county, the person cannot be properly served without being detained, the admitting facility shall require an application in writing stating the circumstances under which the person’s condition was called to the attention of the peace officer, professional person in charge of the facility designated by the county for evaluation and treatment, member of the attending staff, or professional person designated by the county, and stating that the peace officer, professional person in charge of the facility designated by the county for evaluation and treatment, member of the attending staff, or professional person designated by the county has probable cause to believe that the person is, as a result of a mental health disorder, a danger to others, or to themselves, or gravely disabled. The application shall also record whether the historical course of the person’s mental disorder was considered in the determination, pursuant to Section 5150.05. If the probable cause is based on the statement of a person other than the peace officer, professional person in charge of the facility designated by the county for evaluation and treatment, member of the attending staff, or professional person designated by the county, the person shall be liable in a civil action for intentionally giving a statement that the person knows to be false. A copy of the application shall be treated as the original. (f) At the time a person is taken into custody for evaluation, or within a reasonable time thereafter, unless a responsible relative or the guardian or conservator of the person is in possession of the person’s personal property, the person taking them into custody shall take reasonable precautions to preserve and safeguard the personal property in the possession of or on the premises occupied by the person. The person taking them into custody shall then furnish to the court a report generally describing the person’s property so preserved and safeguarded and its disposition, in substantially the form set forth in Section 5211, except that if a responsible relative or the guardian or conservator of the person is in possession of the person’s property, the report shall include only the name of the relative or guardian or conservator and the location of the property, whereupon responsibility of the person taking them into custody for that property shall terminate. As used in this section, “responsible relative” includes the spouse, parent, adult child, domestic partner, grandparent, grandchild, or adult brother or sister of the person. (g) (1) Each person, at the time the person is first taken into custody under this section, shall be provided, by the person who takes them into custody, the following information orally in a language or modality accessible to the person. If the person cannot understand an oral advisement, the information shall be provided in writing. The information shall be in substantially the following form: My name is . I am a _____ (peace officer/mental health professional) _____ . with _____ (name of agency) _____ . You are not under criminal arrest, but I am taking you for an examination by mental health professionals at . _____ (name of facility) _____ You will be told your rights by the mental health staff. (2) If taken into custody at the person’s own residence, the person shall also be provided the following information: You may bring a few personal items with you, which I will have to approve. Please inform me if you need assistance turning off any appliance or water. You may make a phone call and leave a note to tell your friends or family where you have been taken. (h) The designated facility shall keep, for each patient evaluated, a record of the advisement given pursuant to subdivision (g) which shall include all of the following: (1) The name of the person detained for evaluation. (2) The name and position of the peace officer or mental health professional taking the person into custody. (3) The date the advisement was completed. (4) Whether the advisement was completed. (5) The language or modality used to give the advisement. (6) If the advisement was not completed, a statement of good cause, as defined by regulations of the State Department of Health Care Services. (i) (1) Each person admitted to a facility designated by the county for evaluation and treatment shall be given the following information by admission staff of the facility. The information shall be given orally and in writing and in a language or modality accessible to the person. The written information shall be available to the person in English and in the language that is the person’s primary means of communication. Accommodations for other disabilities that may affect communication shall also be provided. The information shall be in substantially the following form: My name is . My position here is . You are being placed into this psychiatric facility because it is our professional opinion that, as a result of a mental health disorder, you are likely to (check applicable): ◻ Harm yourself. ◻ Harm someone else. ◻ Be unable to take care of your own food, clothing, and housing needs. We believe this is true because (list of the facts upon which the allegation of dangerous or gravely disabled due to mental health disorder is based, including pertinent facts arising from the admission interview). You will be held for a period up to 72 hours. During the 72 hours you may also be transferred to another facility. You may request to be evaluated or treated at a facility of your choice. You may request to be evaluated or treated by a mental health professional of your choice. We cannot guarantee the facility or mental health professional you choose will be available, but we will honor your choice if we can. During these 72 hours you will be evaluated by the facility staff, and you may be given treatment, including medications. It is possible for you to be released before the end of the 72 hours. But if the staff decides that you need continued treatment you can be held for a longer period of time. If you are held longer than 72 hours, you have the right to a lawyer and a qualified interpreter and a hearing before a judge. If you are unable to pay for the lawyer, then one will be provided to you free of charge. If you have questions about your legal rights, you may contact the county Patients’ Rights Advocate at _____ (phone number for the county Patients’ Rights Advocacy office) _____ . Your 72-hour period began _____ (date/time) _____ . (2) If the notice is given in a county where weekends and holidays are excluded from the 72-hour period, the person shall be informed of this fact. (j) For each person admitted for evaluation and treatment, the facility shall keep with the person’s medical record a record of the advisement given pursuant to subdivision (i), which shall include all of the following: (1) The name of the person performing the advisement. (2) The date of the advisement. (3) Whether the advisement was completed. (4) The language or modality used to communicate the advisement. (5) If the advisement was not completed, a statement of good cause. (k) A facility to which a person who is involuntarily detained pursuant to this section is transported shall notify the county patients’ rights advocate, as defined in Section 5500, if a person has not been released within 72 hours of the involuntary detention. (Amended by Stats. 2022, Ch. 960, Sec. 1. (AB 2275) Effective January 1, 2023.)
  163. 5150.05.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 2. Involuntary Treatment [5150 - 5349.1] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 1. Detention of Persons with a Mental Health Condition for Evaluation and Treatment [5150 - 5155] ( Heading of Article 1 amended by Stats. 2024, Ch. 948, Sec. 12. )

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    When deciding probable cause for a Section 5150 custody decision, the authorized person must consider relevant historical information about the person’s mental disorder if it bears reasonably on danger or grave disability.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 2. Involuntary Treatment [5150 - 5349.1] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 1. Detention of Persons with a Mental Health Condition for Evaluation and Treatment [5150 - 5155] ( Heading of Article 1 amended by Stats. 2024, Ch. 948, Sec. 12. ) ## 5150.05. (a) When determining if probable cause exists to take a person into custody, or cause a person to be taken into custody, pursuant to Section 5150, a person who is authorized to take that person, or cause that person to be taken, into custody pursuant to that section shall consider available relevant information about the historical course of the person’s mental disorder if the authorized person determines that the information has a reasonable bearing on the determination as to whether the person is a danger to others or to themselves, or is gravely disabled. (b) For purposes of this section, “information about the historical course of the person’s mental disorder” includes evidence presented by the person who has provided or is providing mental health or related support services to the person subject to a determination described in subdivision (a), evidence presented by one or more members of the family of that person, and evidence presented by the person subject to a determination described in subdivision (a) or anyone designated by that person. (c) If the probable cause in subdivision (a) is based on the statement of a person other than the one authorized to take the person into custody pursuant to Section 5150, a member of the attending staff, or a professional person, the person making the statement shall be liable in a civil action for intentionally giving a statement that they know to be false. (d) This section does not limit the application of Section 5328. (Amended by Stats. 2024, Ch. 492, Sec. 12. (SB 1511) Effective January 1, 2025.)
  164. 5150.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 2. Involuntary Treatment [5150 - 5349.1] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 1. Detention of Persons with a Mental Health Condition for Evaluation and Treatment [5150 - 5155] ( Heading of Article 1 amended by Stats. 2024, Ch. 948, Sec. 12. )

    Verify source ↗

    Mental health staff may not direct or block transport officers from taking a person to the designated facility for assessment, and they may not require a jail stop just because no acute bed is available.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 2. Involuntary Treatment [5150 - 5349.1] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 1. Detention of Persons with a Mental Health Condition for Evaluation and Treatment [5150 - 5155] ( Heading of Article 1 amended by Stats. 2024, Ch. 948, Sec. 12. ) ## 5150.1. No peace officer seeking to transport, or having transported, a person to a designated facility for assessment under Section 5150, shall be instructed by mental health personnel to take the person to, or keep the person at, a jail solely because of the unavailability of an acute bed, nor shall the peace officer be forbidden to transport the person directly to the designated facility. No mental health employee from any county, state, city, or any private agency providing Short-Doyle psychiatric emergency services shall interfere with a peace officer performing duties under Section 5150 by preventing the peace officer from entering a designated facility with the person to be assessed, nor shall any employee of such an agency require the peace officer to remove the person without assessment as a condition of allowing the peace officer to depart. “Peace officer” for the purposes of this section also means a jailer seeking to transport or transporting a person in custody to a designated facility for assessment consistent with Section 4011.6 or 4011.8 of the Penal Code and Section 5150. (Added by Stats. 1985, Ch. 1286, Sec. 6.2. Effective September 30, 1985.)
  165. 5150.2.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 2. Involuntary Treatment [5150 - 5349.1] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 1. Detention of Persons with a Mental Health Condition for Evaluation and Treatment [5150 - 5155] ( Heading of Article 1 amended by Stats. 2024, Ch. 948, Sec. 12. )

    Verify source ↗

    When a peace officer brings someone to a designated facility for assessment under Section 5150, the officer’s detention is limited to the time needed to document the detention and complete a safe transfer of custody. The documentation must include detailed facts and observations supporting probable cause, and each county must set up disposition procedures and guidelines with local law enforcement.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 2. Involuntary Treatment [5150 - 5349.1] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 1. Detention of Persons with a Mental Health Condition for Evaluation and Treatment [5150 - 5155] ( Heading of Article 1 amended by Stats. 2024, Ch. 948, Sec. 12. ) ## 5150.2. In each county whenever a peace officer has transported a person to a designated facility for assessment under Section 5150, that officer shall be detained no longer than the time necessary to complete documentation of the factual basis of the detention under Section 5150 and a safe and orderly transfer of physical custody of the person. The documentation shall include detailed information regarding the factual circumstances and observations constituting probable cause for the peace officer to believe that the individual required psychiatric evaluation under the standards of Section 5105. Each county shall establish disposition procedures and guidelines with local law enforcement agencies as necessary to relate to persons not admitted for evaluation and treatment and who decline alternative mental health services and to relate to the safe and orderly transfer of physical custody of persons under Section 5150, including those who have a criminal detention pending. (Added by Stats. 1985, Ch. 1286, Sec. 6.4. Effective September 30, 1985.)
  166. 5150.4.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 2. Involuntary Treatment [5150 - 5349.1] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 1. Detention of Persons with a Mental Health Condition for Evaluation and Treatment [5150 - 5155] ( Heading of Article 1 amended by Stats. 2024, Ch. 948, Sec. 12. )

    Verify source ↗

    This section defines “assessment” for this article as deciding whether a person should be evaluated and treated under Section 5150.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 2. Involuntary Treatment [5150 - 5349.1] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 1. Detention of Persons with a Mental Health Condition for Evaluation and Treatment [5150 - 5155] ( Heading of Article 1 amended by Stats. 2024, Ch. 948, Sec. 12. ) ## 5150.4. “Assessment” for the purposes of this article, means the determination of whether a person shall be evaluated and treated pursuant to Section 5150. (Added by Stats. 1985, Ch. 1286, Sec. 6.7. Effective September 30, 1985.)
  167. 5150.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 2. Involuntary Treatment [5150 - 5349.1] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 1. Detention of Persons with a Mental Health Condition for Evaluation and Treatment [5150 - 5155] ( Heading of Article 1 amended by Stats. 2024, Ch. 948, Sec. 12. )

    Verify source ↗

    An exam or assessment under Sections 5150 or 5151 may be done by telehealth, but it must still fit the county’s authority to designate facilities for evaluation and treatment.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 2. Involuntary Treatment [5150 - 5349.1] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 1. Detention of Persons with a Mental Health Condition for Evaluation and Treatment [5150 - 5155] ( Heading of Article 1 amended by Stats. 2024, Ch. 948, Sec. 12. ) ## 5150.5. (a) An examination or assessment pursuant to Section 5150 or 5151 may be conducted using telehealth. An examination or assessment provided pursuant to Section 5150 or 5151 shall be consistent with the county’s authority to designate facilities for evaluation and treatment, pursuant to Sections 5150 and 5404. (b) For the purposes of this section and Section 5151, “telehealth” means the mode of delivering health care services and public health via information and communication technologies, as defined in Section 2290.5 of the Business and Professions Code. (Added by Stats. 2020, Ch. 149, Sec. 2. (AB 3242) Effective January 1, 2021.)
  168. 5151.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 2. Involuntary Treatment [5150 - 5349.1] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 1. Detention of Persons with a Mental Health Condition for Evaluation and Treatment [5150 - 5155] ( Heading of Article 1 amended by Stats. 2024, Ch. 948, Sec. 12. )

    Verify source ↗

    A designated county facility may detain a person for evaluation and treatment for up to 72 hours after the person was first detained under Section 5150, with weekends and holidays excluded only if the state department certifies that services cannot reasonably be provided then.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 2. Involuntary Treatment [5150 - 5349.1] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 1. Detention of Persons with a Mental Health Condition for Evaluation and Treatment [5150 - 5155] ( Heading of Article 1 amended by Stats. 2024, Ch. 948, Sec. 12. ) ## 5151. (a) If the facility designated by the county for evaluation and treatment admits the person, it may detain the person for evaluation and treatment for a period not to exceed 72 hours from the time that the person was first detained pursuant to Section 5150. Saturdays, Sundays, and holidays may be excluded from the period if the State Department of Health Care Services certifies for each facility that evaluation and treatment services cannot reasonably be made available on those days. The certification by the department is subject to renewal every two years. The department shall adopt regulations defining criteria for determining whether a facility can reasonably be expected to make evaluation and treatment services available on Saturdays, Sundays, and holidays. (b) Prior to admitting a person to the facility for treatment and evaluation pursuant to Section 5150, the professional person in charge of the facility or a designee shall assess the individual to determine the appropriateness of the involuntary detention. This assessment shall be made face-to-face either in person or by synchronous interaction through a mode of telehealth that utilizes both audio and visual components. (Amended by Stats. 2022, Ch. 960, Sec. 2. (AB 2275) Effective January 1, 2023.)
  169. 5152.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 2. Involuntary Treatment [5150 - 5349.1] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 1. Detention of Persons with a Mental Health Condition for Evaluation and Treatment [5150 - 5155] ( Heading of Article 1 amended by Stats. 2024, Ch. 948, Sec. 12. )

    Verify source ↗

    People held for 72-hour evaluation and treatment must be evaluated and cared for promptly, and early release is allowed only under specific clinical review rules.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 2. Involuntary Treatment [5150 - 5349.1] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 1. Detention of Persons with a Mental Health Condition for Evaluation and Treatment [5150 - 5155] ( Heading of Article 1 amended by Stats. 2024, Ch. 948, Sec. 12. ) ## 5152. (a) A person admitted to a facility for 72-hour treatment and evaluation under the provisions of this article shall receive an evaluation as soon as possible after the person is admitted and shall receive whatever treatment and care the person’s condition requires for the full period that they are held. The person shall be released before 72 hours have elapsed only if the psychiatrist directly responsible for the person’s treatment believes, as a result of the psychiatrist’s personal observations, that the person no longer requires evaluation or treatment. However, in those situations in which both a psychiatrist and psychologist have personally evaluated or examined a person who is placed under a 72-hour hold and there is a collaborative treatment relationship between the psychiatrist and psychologist, either the psychiatrist or psychologist may authorize the release of the person from the hold, but only after they have consulted with one another. In the event of a clinical or professional disagreement regarding the early release of a person who has been placed under a 72-hour hold, the hold shall be maintained unless the facility’s medical director overrules the decision of the psychiatrist or psychologist opposing the release. Both the psychiatrist and psychologist shall enter their findings, concerns, or objections into the person’s medical record. If any other professional person who is authorized to release the person believes the person should be released before 72 hours have elapsed, and the psychiatrist directly responsible for the person’s treatment objects, the matter shall be referred to the medical director of the facility for the final decision. However, if the medical director is not a psychiatrist, the medical director shall appoint a designee who is a psychiatrist. If the matter is referred, the person shall be released before 72 hours have elapsed only if the psychiatrist making the final decision believes, as a result of the psychiatrist’s personal observations, that the person no longer requires evaluation or treatment. (b) A person who has been detained for evaluation and treatment shall be released, referred for further care and treatment on a voluntary basis, or certified for intensive treatment, or a conservator or temporary conservator shall be appointed pursuant to this part as required. (c) (1) A person who has been detained for evaluation and treatment and subsequently released with referral for further care and treatment on a voluntary basis, shall receive, prior to release, a care coordination plan developed by, at a minimum, the individual, the county behavioral health department, the health care payer, if different from the county, and any other individuals designated by the person as appropriate, with input and recommendations from the facility. The care coordination plan shall include a first followup appointment with an appropriate behavioral health professional. The appointment information shall be provided to the person before their release. In no event may the person be detained based on the requirements of this subdivision beyond when they would otherwise qualify for release. All care and treatment after release shall be voluntary. (2) The requirement to develop a care coordination plan under this subdivision shall take effect immediately, without waiting for the department to create a model care coordination plan, as required pursuant to Section 5402.5. (d) For purposes of care coordination and to schedule a followup appointment, the health plan, mental health plan, primary care provider, or other appropriate provider to whom the person has been referred pursuant to subdivision (c) shall make a good faith effort to contact the referred individual no fewer than three times, either by email, telephone, mail, or in-person outreach, whichever method or methods is most likely to reach the individual. (e) A person designated by the mental health facility shall give to any person who has been detained at that facility for evaluation and treatment and who is receiving medication as a result of their mental illness, as soon as possible after detention, written and oral information about the probable effects and possible side effects of the medication. The State Department of Health Care Services shall develop and promulgate written materials on the effects of medications, for use by county mental health programs as disseminated or as modified by the county mental health program, addressing the probable effects and the possible side effects of the medication. The following information shall be given orally to the patient: (1) The nature of the mental illness, or behavior, that is the reason the medication is being given or recommended. (2) The likelihood of improving or not improving without the medication. (3) Reasonable alternative treatments available. (4) (A) The name and type, frequency, amount, and method of dispensing the medication, and the probable length of time the medication will be taken. (B) The fact that the information has or has not been given shall be indicated in the patient’s chart. If the information has not been given, the designated person shall document in the patient’s chart the justification for not providing the information. A failure to give information about the probable effects and possible side effects of the medication shall not constitute new grounds for release. (f) The amendments to this section made by Assembly Bill 348 of the 2003–04 Regular Session shall not be construed to revise or expand the scope of practice of psychologists, as defined in Chapter 6.6 (commencing with Section 2900) of Division 2 of the Business and Professions Code. (Amended by Stats. 2022, Ch. 867, Sec. 2. (AB 2242) Effective January 1, 2023.)
  170. 5152.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 2. Involuntary Treatment [5150 - 5349.1] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 1. Detention of Persons with a Mental Health Condition for Evaluation and Treatment [5150 - 5155] ( Heading of Article 1 amended by Stats. 2024, Ch. 948, Sec. 12. )

    Verify source ↗

    A facility leader or designee must notify specified county and law-enforcement recipients when a 72-hour detainee is released or not detained, if the officer requests notice and certifies supporting facts in writing. Any law-enforcement record of the notice must be destroyed two years after receipt.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 2. Involuntary Treatment [5150 - 5349.1] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 1. Detention of Persons with a Mental Health Condition for Evaluation and Treatment [5150 - 5155] ( Heading of Article 1 amended by Stats. 2024, Ch. 948, Sec. 12. ) ## 5152.1. The professional person in charge of the facility providing 72-hour evaluation and treatment, or his or her designee, shall notify the county behavioral health director or the director’s designee and the peace officer who makes the written application pursuant to Section 5150 or a person who is designated by the law enforcement agency that employs the peace officer, when the person has been released after 72-hour detention, when the person is not detained, or when the person is released before the full period of allowable 72-hour detention if all of the following conditions apply: (a) The peace officer requests such notification at the time he or she makes the application and the peace officer certifies at that time in writing that the person has been referred to the facility under circumstances which, based upon an allegation of facts regarding actions witnessed by the officer or another person, would support the filing of a criminal complaint. (b) The notice is limited to the person’s name, address, date of admission for 72-hour evaluation and treatment, and date of release. If a police officer, law enforcement agency, or designee of the law enforcement agency, possesses any record of information obtained pursuant to the notification requirements of this section, the officer, agency, or designee shall destroy that record two years after receipt of notification. (Amended by Stats. 2015, Ch. 455, Sec. 19. (SB 804) Effective January 1, 2016.)
  171. 5152.2.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 2. Involuntary Treatment [5150 - 5349.1] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 1. Detention of Persons with a Mental Health Condition for Evaluation and Treatment [5150 - 5155] ( Heading of Article 1 amended by Stats. 2024, Ch. 948, Sec. 12. )

    Verify source ↗

    Each county law enforcement agency must arrange with the county behavioral health director for prompt notification to peace officers under Section 5152.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 2. Involuntary Treatment [5150 - 5349.1] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 1. Detention of Persons with a Mental Health Condition for Evaluation and Treatment [5150 - 5155] ( Heading of Article 1 amended by Stats. 2024, Ch. 948, Sec. 12. ) ## 5152.2. Each law enforcement agency within a county shall arrange with the county behavioral health director a method for giving prompt notification to peace officers pursuant to Section 5152.1. (Amended by Stats. 2015, Ch. 455, Sec. 20. (SB 804) Effective January 1, 2016.)
  172. 5153.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 2. Involuntary Treatment [5150 - 5349.1] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 1. Detention of Persons with a Mental Health Condition for Evaluation and Treatment [5150 - 5155] ( Heading of Article 1 amended by Stats. 2024, Ch. 948, Sec. 12. )

    Verify source ↗

    When possible, officers making apprehensions under this article must wear plain clothes and use unmarked vehicles.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 2. Involuntary Treatment [5150 - 5349.1] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 1. Detention of Persons with a Mental Health Condition for Evaluation and Treatment [5150 - 5155] ( Heading of Article 1 amended by Stats. 2024, Ch. 948, Sec. 12. ) ## 5153. Whenever possible, officers charged with apprehension of persons pursuant to this article shall dress in plain clothes and travel in unmarked vehicles. (Amended by Stats. 1969, Ch. 722.)
  173. 5154.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 2. Involuntary Treatment [5150 - 5349.1] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 1. Detention of Persons with a Mental Health Condition for Evaluation and Treatment [5150 - 5155] ( Heading of Article 1 amended by Stats. 2024, Ch. 948, Sec. 12. )

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    Certain facility staff, peace officers, and specified transport/detainment personnel are not civilly or criminally liable for actions by a person released within the 72-hour period, if the section’s conditions are met.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 2. Involuntary Treatment [5150 - 5349.1] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 1. Detention of Persons with a Mental Health Condition for Evaluation and Treatment [5150 - 5155] ( Heading of Article 1 amended by Stats. 2024, Ch. 948, Sec. 12. ) ## 5154. (a) Notwithstanding Section 5113, if the provisions of Section 5152 have been met, the professional person in charge of the facility providing 72-hour treatment and evaluation, their designee, the medical director of the facility or their designee described in Section 5152, the psychiatrist directly responsible for the person’s treatment, or the psychologist shall not be held civilly or criminally liable for any action by a person released before the end of 72 hours pursuant to this article. (b) The professional person in charge of the facility providing 72-hour treatment and evaluation, their designee, the medical director of the facility or their designee described in Section 5152, the psychiatrist directly responsible for the person’s treatment, or the psychologist shall not be held civilly or criminally liable for any action by a person released at the end of the 72 hours pursuant to this article. (c) The peace officer responsible for the detainment of the person shall not be civilly or criminally liable for any action by a person released at or before the end of the 72 hours pursuant to this article. (d) A member of a mobile crisis team or a professional person who has been designated by the county pursuant to Section 5121 and who detains or transports a person pursuant to Section 5150 shall not, as a result of detaining or transporting the person, be civilly or criminally liable for any action by the person if the person is released at or before the end of the 72 hours pursuant to this article. (e) The amendments to this section made by Assembly Bill 348 of the 2003–04 Regular Session shall not be construed to revise or expand the scope of practice of psychologists, as defined in Chapter 6.6 (commencing with Section 2900) of Division 2 of the Business and Professions Code. (Amended by Stats. 2021, Ch. 399, Sec. 2. (AB 1443) Effective January 1, 2022.)
  174. 5155.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 2. Involuntary Treatment [5150 - 5349.1] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 1. Detention of Persons with a Mental Health Condition for Evaluation and Treatment [5150 - 5155] ( Heading of Article 1 amended by Stats. 2024, Ch. 948, Sec. 12. )

    Verify source ↗

    This section says the part does not grant local entities authority to issue additional licenses beyond existing state and local licensing laws.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 2. Involuntary Treatment [5150 - 5349.1] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 1. Detention of Persons with a Mental Health Condition for Evaluation and Treatment [5150 - 5155] ( Heading of Article 1 amended by Stats. 2024, Ch. 948, Sec. 12. ) ## 5155. Nothing in this part shall be construed as granting authority to local entities to issue licenses supplementary to existing state and local licensing laws. (Added by Stats. 1968, Ch. 1374.)
  175. 5170.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 2. Involuntary Treatment [5150 - 5349.1] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 1.5. Detention of Individuals Under the Influence of Alcohol for Evaluation and Treatment [5170 - 5176] ( Heading of Article 1.5 amended by Stats. 2024, Ch. 847, Sec. 87. )

    Verify source ↗

    Certain authorized persons may take an inebriated person into civil protective custody and place them in a county-designated, state-approved facility for 72-hour treatment and evaluation when reasonable cause exists.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 2. Involuntary Treatment [5150 - 5349.1] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 1.5. Detention of Individuals Under the Influence of Alcohol for Evaluation and Treatment [5170 - 5176] ( Heading of Article 1.5 amended by Stats. 2024, Ch. 847, Sec. 87. ) ## 5170. When any person is a danger to others, or to himself, or gravely disabled as a result of inebriation, a peace officer, member of the attending staff, as defined by regulation, of an evaluation facility designated by the county, or other person designated by the county may, upon reasonable cause, take, or cause to be taken, the person into civil protective custody and place him in a facility designated by the county and approved by the State Department of Alcohol and Drug Abuse as a facility for 72-hour treatment and evaluation of inebriates. (Amended by Stats. 1978, Ch. 429.)
  176. 5170.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 2. Involuntary Treatment [5150 - 5349.1] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 1.5. Detention of Individuals Under the Influence of Alcohol for Evaluation and Treatment [5170 - 5176] ( Heading of Article 1.5 amended by Stats. 2024, Ch. 847, Sec. 87. )

    Verify source ↗

    A 72-hour treatment and evaluation facility must include at least one of the listed facility types.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 2. Involuntary Treatment [5150 - 5349.1] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 1.5. Detention of Individuals Under the Influence of Alcohol for Evaluation and Treatment [5170 - 5176] ( Heading of Article 1.5 amended by Stats. 2024, Ch. 847, Sec. 87. ) ## 5170.1. A 72-hour treatment and evaluation facility shall include one or more of the following: (1) A screening, evaluation, and referral facility which may be accomplished by a mobile crisis unit, first aid station or ambulatory detoxification unit; (2) A detoxification facility for alcoholic and acutely intoxicated persons. (3) An alcohol recovery house. (Added by Stats. 1974, Ch. 1024.)
  177. 5170.3.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 2. Involuntary Treatment [5150 - 5349.1] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 1.5. Detention of Individuals Under the Influence of Alcohol for Evaluation and Treatment [5170 - 5176] ( Heading of Article 1.5 amended by Stats. 2024, Ch. 847, Sec. 87. )

    Verify source ↗

    An evaluation facility must require a written application with specific facts and a stated belief about the person’s condition.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 2. Involuntary Treatment [5150 - 5349.1] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 1.5. Detention of Individuals Under the Influence of Alcohol for Evaluation and Treatment [5170 - 5176] ( Heading of Article 1.5 amended by Stats. 2024, Ch. 847, Sec. 87. ) ## 5170.3. Such evaluation facility shall require an application in writing stating the circumstances under which the person’s condition was called to the attention of the officer, member of the attending staff, or other designated person, and stating that the officer, member of the attending staff, or other designated person believes as a result of his personal observations that the person is, as a result of inebriation, a danger to others, or to himself, or gravely disabled or has violated subdivision (f) of Section 647 of the Penal Code. (Added by Stats. 1971, Ch. 1581.)
  178. 5170.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 2. Involuntary Treatment [5150 - 5349.1] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 1.5. Detention of Individuals Under the Influence of Alcohol for Evaluation and Treatment [5170 - 5176] ( Heading of Article 1.5 amended by Stats. 2024, Ch. 847, Sec. 87. )

    Verify source ↗

    A person placed in an evaluation facility has the right to make at least two completed phone calls, and if they have no money, they must be allowed at least two free local toll-free or collect calls.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 2. Involuntary Treatment [5150 - 5349.1] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 1.5. Detention of Individuals Under the Influence of Alcohol for Evaluation and Treatment [5170 - 5176] ( Heading of Article 1.5 amended by Stats. 2024, Ch. 847, Sec. 87. ) ## 5170.5. Any person placed in an evaluation facility has, immediately after he is taken to an evaluation facility and except where physically impossible, no later than three hours after he is placed in such facility or taken to such unit, the right to make, at his own expense, at least two completed telephone calls. If the person placed in the evaluation facility does not have money upon him with which to make such calls, he shall be allowed free at least two completed local toll free or collect telephone calls. (Amended by Stats. 1974, Ch. 1024.)
  179. 5170.7.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 2. Involuntary Treatment [5150 - 5349.1] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 1.5. Detention of Individuals Under the Influence of Alcohol for Evaluation and Treatment [5170 - 5176] ( Heading of Article 1.5 amended by Stats. 2024, Ch. 847, Sec. 87. )

    Verify source ↗

    A person seeking release before 72 hours can be released only if the responsible psychiatrist believes the person is not dangerous; otherwise the matter goes to the facility medical director for the final decision.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 2. Involuntary Treatment [5150 - 5349.1] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 1.5. Detention of Individuals Under the Influence of Alcohol for Evaluation and Treatment [5170 - 5176] ( Heading of Article 1.5 amended by Stats. 2024, Ch. 847, Sec. 87. ) ## 5170.7. A person who requests to be released from the facility before 72 hours have elapsed shall be released only if the psychiatrist directly responsible for the person’s treatment believes, as a result of his or her personal observations, that the person is not a danger to others, or to himself or herself. If any other professional person who is authorized to release the person, believes the person should be released before 72 hours have elapsed, and the psychiatrist directly responsible for the person’s treatment objects, the matter shall be referred to the medical director of the facility for the final decision. However, if the medical director is not a psychiatrist, he or she shall appoint a designee who is a psychiatrist. If the matter is referred, the person shall be released before 72 hours have elapsed only if the psychiatrist making the final decision believes, as a result of his or her personal observations, that the person is not a danger to others, or to himself or herself. (Amended by Stats. 1985, Ch. 1288, Sec. 4. Effective September 30, 1985.)
  180. 5171.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 2. Involuntary Treatment [5150 - 5349.1] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 1.5. Detention of Individuals Under the Influence of Alcohol for Evaluation and Treatment [5170 - 5176] ( Heading of Article 1.5 amended by Stats. 2024, Ch. 847, Sec. 87. )

    Verify source ↗

    A facility may detain an admitted person for alcohol evaluation and detoxification for up to 72 hours, counting weekends and holidays; longer voluntary stay is allowed in some cases.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 2. Involuntary Treatment [5150 - 5349.1] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 1.5. Detention of Individuals Under the Influence of Alcohol for Evaluation and Treatment [5170 - 5176] ( Heading of Article 1.5 amended by Stats. 2024, Ch. 847, Sec. 87. ) ## 5171. (a) If the facility for 72-hour treatment and evaluation of individuals under the influence of alcohol admits the person, it may detain the individual for evaluation and detoxification treatment, and such other treatment as may be indicated, for a period not to exceed 72 hours. Saturdays, Sundays, and holidays shall be included for the purpose of calculating the 72-hour period. However, an individual may voluntarily remain in the facility for more than 72 hours if the professional person in charge of the facility determines the individual is in need of and may benefit from further treatment and care, provided any individual who is taken or caused to be taken to the facility shall have priority for available treatment and care over an individual who has voluntarily remained in a facility for more than 72 hours. (b) If in the judgment of the professional person in charge of the facility providing evaluation and treatment, the person can be properly served without being detained, the individual shall be provided evaluation, detoxification treatment or other treatment, crisis intervention, or other inpatient or outpatient services on a voluntary basis. (Amended by Stats. 2024, Ch. 847, Sec. 88. (AB 2995) Effective January 1, 2025.)
  181. 5172.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 2. Involuntary Treatment [5150 - 5349.1] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 1.5. Detention of Individuals Under the Influence of Alcohol for Evaluation and Treatment [5170 - 5176] ( Heading of Article 1.5 amended by Stats. 2024, Ch. 847, Sec. 87. )

    Verify source ↗

    People admitted for 72-hour treatment and evaluation must be evaluated as soon as possible and given the treatment and care their condition requires while held. Early release is allowed only under the psychiatrist’s or final deciding psychiatrist’s belief that evaluation or treatment is no longer needed; otherwise the medical director resolves disputes.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 2. Involuntary Treatment [5150 - 5349.1] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 1.5. Detention of Individuals Under the Influence of Alcohol for Evaluation and Treatment [5170 - 5176] ( Heading of Article 1.5 amended by Stats. 2024, Ch. 847, Sec. 87. ) ## 5172. Each person admitted to a facility for 72-hour treatment and evaluation under the provisions of this article shall receive an evaluation as soon after he or she is admitted as possible and shall receive whatever treatment and care his or her condition requires for the full period that he or she is held. The person shall be released before 72 hours have elapsed only if, the psychiatrist directly responsible for the person’s treatment believes, as a result of his or her personal observations, that the person no longer requires evaluation or treatment. If any other professional person who is authorized to release the person, believes the person should be released before 72 hours have elapsed, and the psychiatrist directly responsible for the person’s treatment objects, the matter shall be referred to the medical director of the facility for the final decision. However, if the medical director is not a psychiatrist, he or she shall appoint a designee who is a psychiatrist. If the matter is referred, the person shall be released before 72 hours have elapsed only if the psychiatrist making the final decision believes, as a result of his or her personal observations, that the person no longer requires evaluation or treatment. Persons who have been detained for evaluation and treatment shall be released, referred for further care and treatment on a voluntary basis, or, if the person, as a result of impairment by chronic alcoholism, is a danger to others or to himself or herself, or gravely disabled, he or she may be certified for intensive treatment, or a conservator or temporary conservator shall be appointed for him or her pursuant to this part as required. (Amended by Stats. 1985, Ch. 1288, Sec. 5. Effective September 30, 1985.)
  182. 5172.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 2. Involuntary Treatment [5150 - 5349.1] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 1.5. Detention of Individuals Under the Influence of Alcohol for Evaluation and Treatment [5170 - 5176] ( Heading of Article 1.5 amended by Stats. 2024, Ch. 847, Sec. 87. )

    Verify source ↗

    A person who is dangerous to others or himself, or gravely disabled because of inebriation, may voluntarily apply for admission to a 72-hour evaluation and detoxification treatment facility.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 2. Involuntary Treatment [5150 - 5349.1] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 1.5. Detention of Individuals Under the Influence of Alcohol for Evaluation and Treatment [5170 - 5176] ( Heading of Article 1.5 amended by Stats. 2024, Ch. 847, Sec. 87. ) ## 5172.1. Any person who is a danger to others, or to himself, or gravely disabled as a result of inebriation, may voluntarily apply for admission to a 72-hour evaluation and detoxification treatment facility for inebriates. (Added by Stats. 1971, Ch. 1581.)
  183. 5173.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 2. Involuntary Treatment [5150 - 5349.1] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 1.5. Detention of Individuals Under the Influence of Alcohol for Evaluation and Treatment [5170 - 5176] ( Heading of Article 1.5 amended by Stats. 2024, Ch. 847, Sec. 87. )

    Verify source ↗

    This section limits civil and criminal liability for certain facility staff, a psychiatrist, and a peace officer when a person is released under this article.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 2. Involuntary Treatment [5150 - 5349.1] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 1.5. Detention of Individuals Under the Influence of Alcohol for Evaluation and Treatment [5170 - 5176] ( Heading of Article 1.5 amended by Stats. 2024, Ch. 847, Sec. 87. ) ## 5173. (a) Notwithstanding Section 5113, if the provisions of Section 5170.7 or 5172 have been met, the professional person in charge of the facility providing 72-hour treatment and evaluation, the medical director of the facility or his or her designee described in Sections 5170.7 and 5172, and the psychiatrist directly responsible for the person’s treatment shall not be held civilly or criminally liable for any action by a person released before the end of 72 hours pursuant to this article. (b) The professional person in charge of the facility providing 72-hour treatment and evaluation, the medical director of the facility or his or her designee described in Sections 5170.7 and 5172, and the psychiatrist directly responsible for the person’s treatment shall not be held civilly or criminally liable for any action by a person released at the end of the 72 hours pursuant to this article. (c) The peace officer responsible for the detainment of the person shall not be civilly or criminally liable for any action by a person released at or before the end of the 72 hours pursuant to this article. (Amended by Stats. 1985, Ch. 1288, Sec. 6. Effective September 30, 1985.)
  184. 5174.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 2. Involuntary Treatment [5150 - 5349.1] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 1.5. Detention of Individuals Under the Influence of Alcohol for Evaluation and Treatment [5170 - 5176] ( Heading of Article 1.5 amended by Stats. 2024, Ch. 847, Sec. 87. )

    Verify source ↗

    This section says certain 72-hour inebriate treatment facilities get state funding only if they provide screening, evaluation, referral, and medical services, and are approved by the Director of Alcohol and Drug Abuse.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 2. Involuntary Treatment [5150 - 5349.1] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 1.5. Detention of Individuals Under the Influence of Alcohol for Evaluation and Treatment [5170 - 5176] ( Heading of Article 1.5 amended by Stats. 2024, Ch. 847, Sec. 87. ) ## 5174. It is the intent of the Legislature (a) that facilities for 72-hour treatment and evaluation of inebriates be subject to state funding under Part 2 (commencing with Section 5600) of this division only if they provide screening, evaluation and referral services and have available medical services in the facility or by referral agreement with an appropriate medical facility, and would normally be considered an integral part of a community health program; (b) that state reimbursement under Part 2 (commencing with Section 5600) for such 72-hour facilities and intensive treatment facilities, under this article shall not be included as priority funding as are reimbursements for other county expenditures under this part for involuntary treatment services, but may be provided on the basis of new and expanded services if funds for new and expanded services are available; that while facilities receiving funds from other sources may, if eligible for funding under this division, be designated as 72-hour facilities, or intensive treatment facilities for the purposes of this article, funding of such facilities under this division shall not be substituted for such previous funding. No 72-hour facility, or intensive treatment facility for the purposes of this article shall be eligible for funding under Part 2 (commencing with Section 5600) of this division until approved by the Director of Alcohol and Drug Abuse in accordance with standards established by the State Department of Alcohol and Drug Abuse in regulations adopted pursuant to this part. To the maximum extent possible, each county shall utilize services provided for inebriates and persons impaired by chronic alcoholism by federal and other funds presently used for such services, including federal and other funds made available to the State Department of Rehabilitation and the State Department of Alcohol and Drug Abuse. McAteer funds shall not be utilized for the purposes of the 72-hour involuntary holding program as outlined in this chapter. (Amended by Stats. 1978, Ch. 429.)
  185. 5175.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 2. Involuntary Treatment [5150 - 5349.1] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 1.5. Detention of Individuals Under the Influence of Alcohol for Evaluation and Treatment [5170 - 5176] ( Heading of Article 1.5 amended by Stats. 2024, Ch. 847, Sec. 87. )

    Verify source ↗

    A facility designated for 72-hour alcohol evaluation and treatment may also be designated for 72-hour evaluation and treatment of other persons under this part, including persons impaired by chronic alcoholism.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 2. Involuntary Treatment [5150 - 5349.1] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 1.5. Detention of Individuals Under the Influence of Alcohol for Evaluation and Treatment [5170 - 5176] ( Heading of Article 1.5 amended by Stats. 2024, Ch. 847, Sec. 87. ) ## 5175. This article does not prevent a facility designated as a facility for 72-hour evaluation and treatment of individuals under the influence of alcohol from also being designated as a facility for 72-hour evaluation and treatment of other persons subject to this part, including persons impaired by chronic alcoholism. (Amended by Stats. 2024, Ch. 847, Sec. 89. (AB 2995) Effective January 1, 2025.)
  186. 5176.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 2. Involuntary Treatment [5150 - 5349.1] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 1.5. Detention of Individuals Under the Influence of Alcohol for Evaluation and Treatment [5170 - 5176] ( Heading of Article 1.5 amended by Stats. 2024, Ch. 847, Sec. 87. )

    Verify source ↗

    This article applies only in counties whose board of supervisors has adopted a resolution meeting the stated facility requirements. Those counties’ Short-Doyle plans must name the specific treatment facilities and state each facility’s maximum patient capacity.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 2. Involuntary Treatment [5150 - 5349.1] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 1.5. Detention of Individuals Under the Influence of Alcohol for Evaluation and Treatment [5170 - 5176] ( Heading of Article 1.5 amended by Stats. 2024, Ch. 847, Sec. 87. ) ## 5176. (a) This article shall apply only to those counties wherein the board of supervisors has adopted a resolution stating that suitable facilities exist within the county for the care and treatment of individuals under the influence of alcohol, including persons impaired by chronic alcoholism, designating the facilities to be used as facilities for 72-hour treatment and evaluation of individuals under the influence of alcohol and for the extensive treatment of persons impaired by chronic alcoholism, and otherwise adopting the provisions of this article. (b) Each county Short-Doyle plan for a county to which this article is made applicable shall designate the specific facility or facilities for 72-hour evaluation and detoxification treatment of individuals under the influence of alcohol and for intensive treatment of persons impaired by chronic alcoholism and for the treatment of those persons on a voluntary basis under this article, and shall specify the maximum number of patients that can be served at any one time by each facility. (Amended by Stats. 2024, Ch. 847, Sec. 90. (AB 2995) Effective January 1, 2025.)
  187. 5200.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 2. Involuntary Treatment [5150 - 5349.1] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 2. Court-Ordered Evaluation for Persons with a Mental Health Condition [5200 - 5213] ( Heading of Article 2 amended by Stats. 2024, Ch. 948, Sec. 13. )

    Verify source ↗

    A person alleged, because of a mental disorder, to be dangerous to others or themselves, or to be gravely disabled, may receive an evaluation under a superior court order. The article must be carried out with utmost consideration for the person’s privacy and dignity.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 2. Involuntary Treatment [5150 - 5349.1] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 2. Court-Ordered Evaluation for Persons with a Mental Health Condition [5200 - 5213] ( Heading of Article 2 amended by Stats. 2024, Ch. 948, Sec. 13. ) ## 5200. Any person alleged, as a result of mental disorder, to be a danger to others, or to himself, or to be gravely disabled, may be given an evaluation of his condition under a superior court order pursuant to this article. The provisions of this article shall be carried out with the utmost consideration for the privacy and dignity of the person for whom a court-ordered evaluation is requested. (Repealed and added by Stats. 1967, Ch. 1667.)
  188. 5201.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 2. Involuntary Treatment [5150 - 5349.1] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 2. Court-Ordered Evaluation for Persons with a Mental Health Condition [5200 - 5213] ( Heading of Article 2 amended by Stats. 2024, Ch. 948, Sec. 13. )

    Verify source ↗

    Any individual may apply to the county-designated person or agency for a petition asking for an evaluation of someone’s condition if the person is in the county and, because of a mental disorder, is dangerous to others or self, or is gravely disabled.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 2. Involuntary Treatment [5150 - 5349.1] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 2. Court-Ordered Evaluation for Persons with a Mental Health Condition [5200 - 5213] ( Heading of Article 2 amended by Stats. 2024, Ch. 948, Sec. 13. ) ## 5201. Any individual may apply to the person or agency designated by the county for a petition alleging that there is in the county a person who is, as a result of mental disorder a danger to others, or to himself, or is gravely disabled, and requesting that an evaluation of the person’s condition be made. (Repealed and added by Stats. 1967, Ch. 1667.)
  189. 5202.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 2. Involuntary Treatment [5150 - 5349.1] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 2. Court-Ordered Evaluation for Persons with a Mental Health Condition [5200 - 5213] ( Heading of Article 2 amended by Stats. 2024, Ch. 948, Sec. 13. )

    Verify source ↗

    The county-designated person or agency must prepare and file the petition and required forms, request prepetition screening, and file the petition only if probable cause and other conditions are met.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 2. Involuntary Treatment [5150 - 5349.1] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 2. Court-Ordered Evaluation for Persons with a Mental Health Condition [5200 - 5213] ( Heading of Article 2 amended by Stats. 2024, Ch. 948, Sec. 13. ) ## 5202. The person or agency designated by the county shall prepare the petition and all other forms required in the proceeding, and shall be responsible for filing the petition. Before filing the petition, the person or agency designated by the county shall request the person or agency designated by the county and approved by the State Department of Health Care Services to provide prepetition screening to determine whether there is probable cause to believe the allegations. The person or agency providing prepetition screening shall conduct a reasonable investigation of the allegations and make a reasonable effort to personally interview the subject of the petition. The screening shall also determine whether the person will agree voluntarily to receive crisis intervention services or an evaluation in his own home or in a facility designated by the county and approved by the State Department of Health Care Services. Following prepetition screening, the person or agency designated by the county shall file the petition if satisfied that there is probable cause to believe that the person is, as a result of mental disorder, a danger to others, or to himself or herself, or gravely disabled, and that the person will not voluntarily receive evaluation or crisis intervention. If the petition is filed, it shall be accompanied by a report containing the findings of the person or agency designated by the county to provide prepetition screening. The prepetition screening report submitted to the superior court shall be confidential and shall be subject to the provisions of Section 5328. (Amended by Stats. 2013, Ch. 23, Sec. 34. (AB 82) Effective June 27, 2013.)
  190. 5203.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 2. Involuntary Treatment [5150 - 5349.1] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 2. Court-Ordered Evaluation for Persons with a Mental Health Condition [5200 - 5213] ( Heading of Article 2 amended by Stats. 2024, Ch. 948, Sec. 13. )

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    A person who knowingly seeks a court-ordered evaluation petition for someone who is not dangerous or gravely disabled because of mental disorder commits a misdemeanor and may owe civil damages.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 2. Involuntary Treatment [5150 - 5349.1] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 2. Court-Ordered Evaluation for Persons with a Mental Health Condition [5200 - 5213] ( Heading of Article 2 amended by Stats. 2024, Ch. 948, Sec. 13. ) ## 5203. Any individual who seeks a petition for court-ordered evaluation knowing that the person for whom the petition is sought is not, as a result of mental disorder, a danger to himself, or to others, or gravely disabled is guilty of a misdemeanor, and may be held liable in civil damages by the person against whom the petition was sought. (Amended by Stats. 1969, Ch. 722.)
  191. 5204.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 2. Involuntary Treatment [5150 - 5349.1] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 2. Court-Ordered Evaluation for Persons with a Mental Health Condition [5200 - 5213] ( Heading of Article 2 amended by Stats. 2024, Ch. 948, Sec. 13. )

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    A petition for a court-ordered evaluation must include specified identifying and factual information, and the court may require additional information.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 2. Involuntary Treatment [5150 - 5349.1] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 2. Court-Ordered Evaluation for Persons with a Mental Health Condition [5200 - 5213] ( Heading of Article 2 amended by Stats. 2024, Ch. 948, Sec. 13. ) ## 5204. The petition for a court-ordered evaluation shall contain the following: (a) The name and address of the petitioner and his interest in the case. (b) The name of the person alleged, as a result of mental disorder, to be a danger to others, or to himself, or to be gravely disabled, and, if known to the petitioner, the address, age, sex, marital status, and occupation of the person. (c) The facts upon which the allegations of the petition are based. (d) The name of, as a respondent thereto, every person known or believed by the petitioner to be legally responsible for the care, support, and maintenance of the person alleged, as a result of mental disorder, to be a danger to others, or to himself, or to be gravely disabled, and the address of each such person, if known to the petitioner. (e) Such other information as the court may require. (Added by Stats. 1967, Ch. 1667.)
  192. 5205.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 2. Involuntary Treatment [5150 - 5349.1] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 2. Court-Ordered Evaluation for Persons with a Mental Health Condition [5200 - 5213] ( Heading of Article 2 amended by Stats. 2024, Ch. 948, Sec. 13. )

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    A petition for evaluation must follow the prescribed form.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 2. Involuntary Treatment [5150 - 5349.1] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 2. Court-Ordered Evaluation for Persons with a Mental Health Condition [5200 - 5213] ( Heading of Article 2 amended by Stats. 2024, Ch. 948, Sec. 13. ) ## 5205. The petition shall be in substantially the following form: In the Superior Court of the State of California for the County of _____ The People of the State of California Concerning and _____ Respondents _____ No. _____ Petition for Evaluation ________, residing at _____ (tel. ____), being duly sworn, alleges: That there is now in the county, in the City or Town of _____, a person named _____, who resides at _____, and who is, as a result of mental disorder: (1) A danger to others. (2) A danger to himself or herself. (3) Gravely disabled as defined in subdivision (h) of Section 5008 of the Welfare and Institutions Code (Strike out all inapplicable classifications). That the person is ____ years of age; that __ the person is ____­(sex); and that __ the person is _____ (single, married, widowed, or divorced); and that _____ occupation is _____. That the facts upon which the allegations of the petition are based are as follows: That __ the person, at _____ in the county, on the _____ day of _____, 20__, That petitioner’s interest in the case is That the person responsible for the care, support, and maintenance of the person, and their relationship to the person are, so far as known to the petitioner, as follows: (Give names, addresses, and relationship of persons named as respondents) Wherefore, petitioner prays that evaluation be made to determine the condition of ____, alleged, as a result of mental disorder, to be a danger to others, or to himself or herself, or to be gravely disabled. _____ _____ Petitioner _____ Subscribed and sworn to before me this ____ day of _____ 20__. _____ , Clerk of the Court _____ By Deputy (Amended by Stats. 2003, Ch. 62, Sec. 325. Effective January 1, 2004.)
  193. 5206.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 2. Involuntary Treatment [5150 - 5349.1] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 2. Court-Ordered Evaluation for Persons with a Mental Health Condition [5200 - 5213] ( Heading of Article 2 amended by Stats. 2024, Ch. 948, Sec. 13. )

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    If a judge finds the person meets the statutory conditions, the court must order an evaluation, and certain officials must serve and enforce that order.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 2. Involuntary Treatment [5150 - 5349.1] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 2. Court-Ordered Evaluation for Persons with a Mental Health Condition [5200 - 5213] ( Heading of Article 2 amended by Stats. 2024, Ch. 948, Sec. 13. ) ## 5206. Whenever it appears, by petition pursuant to this article, to the satisfaction of a judge of a superior court that a person is, as a result of mental disorder, a danger to others, or to himself, or gravely disabled, and the person has refused or failed to accept evaluation voluntarily, the judge shall issue an order notifying the person to submit to an evaluation at such time and place as designated by the judge. The order for an evaluation shall be served as provided in Section 5208 by a peace officer, counselor in mental health, or a court-appointed official. The person shall be permitted to remain in his home or other place of his choosing prior to the time of evaluation, and shall be permitted to be accompanied by one or more of his relatives, friends, an attorney, a personal physician, or other professional or religious advisor to the place of evaluation. If the person to receive evaluation so requests, the individual or individuals who accompany him may be present during the evaluation. If the person refuses or fails to appear for evaluation after having been properly notified, a peace officer, counselor in mental health, or a court-appointed official shall take the person into custody and place him in a facility designated by the county as a facility for treatment and evaluation. The person shall be evaluated as promptly as possible, and shall in no event be detained longer than 72 hours under the court order, excluding Saturdays, Sundays, and holidays if treatment and evaluation services are not available on those days. Persons who have been detained for evaluation shall be released, referred for care and treatment on a voluntary basis, certified for intensive treatment, or recommended for conservatorship pursuant to this part, as required. (Added by Stats. 1967, Ch. 1667.)
  194. 5207.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 2. Involuntary Treatment [5150 - 5349.1] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 2. Court-Ordered Evaluation for Persons with a Mental Health Condition [5200 - 5213] ( Heading of Article 2 amended by Stats. 2024, Ch. 948, Sec. 13. )

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    This section gives a form order for court-ordered mental health evaluation, including notice, accompaniment, and possible detention if the person does not appear.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 2. Involuntary Treatment [5150 - 5349.1] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 2. Court-Ordered Evaluation for Persons with a Mental Health Condition [5200 - 5213] ( Heading of Article 2 amended by Stats. 2024, Ch. 948, Sec. 13. ) ## 5207. The order for evaluation shall be in substantially the following form: In the Superior Court of the State of California for the County of _____ The People of the State of California Concerning and _____ Respondents _____ No. _____ Order for Evaluation or Detention The People of the State of California to : (Peace officer, counselor in mental health, or other official appointed by the court) The petition of ____ has been presented this day to me, a Judge of the Superior Court for the County of ____, State of California, from which it appears that there is now in this county, at ____, a person by the name of ____, who is, as a result of mental disorder, a danger to others, or to himself, or gravely disabled. Now, therefore, you are directed to notify ____ to submit to an evaluation at ____ on the ____ day of ____, 19_, at __ o’clock __m. ____ shall be permitted to be accompanied by one or more of his relatives, friends, an attorney, a personal physician, or other professional or religious advisor. The individual or individuals who accompany ____ may be present during the evaluation if so requested by ____. *Provision for Detention for Evaluation If the person fails or refuses to appear for evaluation when notified by order of this court, you are hereby directed to detain said ____ or cause him to be detained at ____ for a period no longer than 72 hours, excluding Saturdays, Sundays, and holidays if evaluation services are not available on those days, for the purposes of evaluation. I hereby direct that a copy of this order together with a copy of the petition be delivered to said person and his representative, if any, at the time of his notification; and I further authorize the service of this order at any hour of the day or night. Witness my hand, this ____ day of ____, 19_ _____ Judge of the Superior Court _____ *This paragraph is applicable only if the person to be evaluated fails or refuses to appear for evaluation after having been properly notified. Return of Order I hereby certify that I received the above order for the evaluation of ____ and on the ____ day of ____, 19_, personally served a copy of the order and of the petition on ____ and the professional person in charge of the ____, a facility for treatment and evaluation, or his designee. Dated: ____, 19_. _____ Signature and Title _____ (Added by Stats. 1967, Ch. 1667.)
  195. 5208.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 2. Involuntary Treatment [5150 - 5349.1] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 2. Court-Ordered Evaluation for Persons with a Mental Health Condition [5200 - 5213] ( Heading of Article 2 amended by Stats. 2024, Ch. 948, Sec. 13. )

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    If the person does not appear for the scheduled evaluation, the facility’s professional person in charge or designee must notify the person who served the order so the person can be detained under the order.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 2. Involuntary Treatment [5150 - 5349.1] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 2. Court-Ordered Evaluation for Persons with a Mental Health Condition [5200 - 5213] ( Heading of Article 2 amended by Stats. 2024, Ch. 948, Sec. 13. ) ## 5208. As promptly as possible, a copy of the petition and the order for evaluation shall be personally served on the person to be evaluated and the professional person in charge of the facility for treatment and evaluation named in the order, or his designee. If the person to be evaluated fails to appear for an evaluation at the time designated in the order, the professional person in charge, or his designee, shall notify the person who served the order to have the person to be evaluated detained pursuant to the order. (Added by Stats. 1967, Ch. 1667.)
  196. 5210.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 2. Involuntary Treatment [5150 - 5349.1] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 2. Court-Ordered Evaluation for Persons with a Mental Health Condition [5200 - 5213] ( Heading of Article 2 amended by Stats. 2024, Ch. 948, Sec. 13. )

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    When a person is taken into custody for evaluation, the custodian must protect the person’s personal property and report on it to the court, unless a responsible relative or guardian/conservator already has the property.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 2. Involuntary Treatment [5150 - 5349.1] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 2. Court-Ordered Evaluation for Persons with a Mental Health Condition [5200 - 5213] ( Heading of Article 2 amended by Stats. 2024, Ch. 948, Sec. 13. ) ## 5210. At the time a person is taken into custody for evaluation, or within a reasonable time thereafter, unless a responsible relative or the guardian or conservator of the person is in possession of the person’s personal property, the person taking him into custody shall take reasonable precautions to preserve and safeguard the personal property in the possession of or on the premises occupied by the person. The person taking him into custody shall then furnish to the court a report generally describing the person’s property so preserved and safeguarded and its disposition, in substantially the form set forth in Section 5211; except that if a responsible relative or the guardian or conservator of the person is in possession of the person’s property, the report shall include only the name of the relative or guardian or conservator and the location of the property, whereupon responsibility of the person taking him into custody for such property shall terminate. As used in this section, “responsible relative” includes the spouse, parent, adult child, or adult brother or sister of the person, except that it does not include the person who applied for the petition under this article. (Added by Stats. 1967, Ch. 1667.)
  197. 5211.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 2. Involuntary Treatment [5150 - 5349.1] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 2. Court-Ordered Evaluation for Persons with a Mental Health Condition [5200 - 5213] ( Heading of Article 2 amended by Stats. 2024, Ch. 948, Sec. 13. )

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    A person who takes someone into custody for evaluation must report the patient’s property to the Superior Court in the specified form.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 2. Involuntary Treatment [5150 - 5349.1] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 2. Court-Ordered Evaluation for Persons with a Mental Health Condition [5200 - 5213] ( Heading of Article 2 amended by Stats. 2024, Ch. 948, Sec. 13. ) ## 5211. The report of a patient’s property required by Section 5210 to be made by the person taking him into custody for evaluation shall be in substantially the following form: Report of Officer I hereby report to the Superior Court for the County of _____ that the personal property of the person apprehended, described generally as ____ was preserved and safeguarded by ____ (Insert name of person taking him into custody, responsible relative, guardian, or conservator). That property is now located at ____. Dated: ____ 19__. _____ Signature and Title _____ (Added by Stats. 1967, Ch. 1667.)
  198. 5212.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 2. Involuntary Treatment [5150 - 5349.1] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 2. Court-Ordered Evaluation for Persons with a Mental Health Condition [5200 - 5213] ( Heading of Article 2 amended by Stats. 2024, Ch. 948, Sec. 13. )

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    When possible, people serving orders and apprehending persons under this article must wear plain clothes and use unmarked vehicles.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 2. Involuntary Treatment [5150 - 5349.1] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 2. Court-Ordered Evaluation for Persons with a Mental Health Condition [5200 - 5213] ( Heading of Article 2 amended by Stats. 2024, Ch. 948, Sec. 13. ) ## 5212. Whenever possible, persons charged with service of orders and apprehension of persons pursuant to this article shall dress in plain clothes and travel in unmarked vehicles. (Amended by Stats. 1969, Ch. 722.)
  199. 5213.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 2. Involuntary Treatment [5150 - 5349.1] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 2. Court-Ordered Evaluation for Persons with a Mental Health Condition [5200 - 5213] ( Heading of Article 2 amended by Stats. 2024, Ch. 948, Sec. 13. )

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    A person found to need treatment because of a mental health disorder may be detained for up to 72 hours for treatment and evaluation, and specified medication information must be given and documented.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 2. Involuntary Treatment [5150 - 5349.1] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 2. Court-Ordered Evaluation for Persons with a Mental Health Condition [5200 - 5213] ( Heading of Article 2 amended by Stats. 2024, Ch. 948, Sec. 13. ) ## 5213. (a) If, upon evaluation, the person is found to be in need of treatment because the person is, as a result of a mental health disorder, a danger to self or others, or is gravely disabled, the person may be detained for treatment in a facility for 72-hour treatment and evaluation. Saturdays, Sundays, and holidays may be excluded from the 72-hour period if the State Department of Social Services certifies for each facility that evaluation and treatment services may not reasonably be made available on those days. The certification by the department is subject to renewal every two years. The department shall adopt regulations defining criteria for determining whether a facility may reasonably be expected to make evaluation and treatment services available on Saturdays, Sundays, and holidays. (b) Persons who have been detained for evaluation and treatment, who are receiving medications as a result of their mental illness, shall be given, as soon as possible after detention, written and oral information about the probable effects and possible side effects of the medication, by a person designated by the mental health facility where the person is detained. The State Department of Social Services shall develop and promulgate written materials on the effects of medications, for use by county mental health programs as disseminated or as modified by the county mental health program, addressing the probable effects and the possible side effects of the medication. The following information shall be given orally to the patient: (1) The nature of the mental illness, or behavior, that is the reason the medication is being given or recommended. (2) The likelihood of improving or not improving without the medications. (3) Reasonable alternative treatments available. (4) The name and type, frequency, amount, and method of dispensing the medications, and the probable length of time that the medications will be taken. (c) The fact that the information has or has not been given shall be indicated in the patient’s chart. If the information has not been given, the designated person shall document in the patient’s chart the justification for not providing the information. A failure to give information about the probable effects and possible side effects of the medication does not constitute new grounds for release. (Amended by Stats. 2019, Ch. 9, Sec. 21. (AB 46) Effective January 1, 2020.)
  200. 5225.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 2. Involuntary Treatment [5150 - 5349.1] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 3. Court-Ordered Evaluation for Persons Impaired by Chronic Alcoholism or Drug Use [5225 - 5230] ( Heading of Article 3 amended by Stats. 2024, Ch. 847, Sec. 91. )

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    A judge may order evaluation of a criminal defendant who appears to be dangerous or gravely disabled because of chronic alcoholism or narcotics/restricted dangerous drug use, if county-designated evaluation services are available.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550] ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. ) ## CHAPTER 2. Involuntary Treatment [5150 - 5349.1] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 3. Court-Ordered Evaluation for Persons Impaired by Chronic Alcoholism or Drug Use [5225 - 5230] ( Heading of Article 3 amended by Stats. 2024, Ch. 847, Sec. 91. ) ## 5225. Whenever a criminal defendant who appears, as a result of chronic alcoholism or the use of narcotics or restricted dangerous drugs, to be a danger to others, to himself, or to be gravely disabled, is brought before any judge, the judge may order the defendant’s evaluation under conditions set forth in this article, provided evaluation services designated in the county plan pursuant to Section 5654 are available. (Amended by Stats. 1979, Ch. 373.)

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