Welfare and Institutions Code — Part 29 | WIC — United States — California law | Esheria

Welfare and Institutions Code

Part 29 of 35 · provisions 5,601–5,800

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. 5226.

    ## 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 COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667.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 criminal defendant must be told about the option to continue the criminal case right away, and the judge must explain that option and its consequences; the defendant also has a right to legal counsel at the proceeding where the choice is made.

    ## 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 COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667.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. ) ## 5226. Such a criminal defendant must be advised of his right to immediately continue with the criminal proceeding, and it is the duty of the judge to apprise the defendant fully of his option and of the consequences which will occur if the defendant chooses the evaluation procedures. The defendant shall have a right to legal counsel at the proceedings at which the choice is made. (Added by Stats. 1967, Ch. 1667.)
  2. 5226.1.

    ## 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 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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    If a judge orders an evaluation, the related criminal case is paused or dismissed until evaluation and any treatment detention are finished, and the defendant may be returned to court or held for later proceedings 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 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. ) ## 5226.1. If a judge issues an order for evaluation under conditions set forth in this article, proceedings on the criminal charge then pending in the court from which the order for evaluation issued shall be dismissed or suspended until such time as the evaluation of the defendant and the subsequent detention of the defendant for involuntary treatment, if any, are completed. Upon completion of such evaluation and detention, if any, the defendant shall, if such criminal charge has not been dismissed, be returned by the sheriff of the county in which the order of evaluation was made, from the evaluation or intensive treatment facility to the custody of the sheriff who shall return the defendant to the court where the order for evaluation was made, and proceedings on the criminal charge shall be resumed or dismissed. If, during evaluation or detention for involuntary treatment, the defendant is recommended for conservatorship, and if the criminal charge has not previously been dismissed, the defendant shall be returned by the sheriff to the court in which such charge is pending for the disposition of the criminal charge prior to the initiation of the conservatorship proceedings. The judge of such court may order such defendant to be detained in the evaluation or treatment facility until the day set for the resumption of the proceedings on the criminal charge. (Amended by Stats. 1969, Ch. 722.)
  3. 5227.

    ## 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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    This section gives the standard form for a court order for evaluation and the return of service 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 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. ) ## 5227. 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 The People of the State of California to : (Professional person in charge of the facility providing evaluation) ______ has appeared before me and appears to be, as a result of ______ (chronic alcoholism, the use of narcotics, or the use of restricted dangerous drugs), a danger to himself, or others, or gravely disabled. Now, therefore, you are directed to evaluate ______ at ______ on the ____ day of ____, 19__, at __ o’clock _m. Witness my hand, this ____ day of ____, 19__. _____ _____ Judge of the ________ Court _____ 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 the professional person in charge of the ______, a facility for treatment and evaluation, or his designee. Dated: ____ 19__. _____ _____ Signature and Title _____ (Amended by Stats. 1970, Ch. 1129.)
  4. 5228.

    ## 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 copy of the evaluation order must be personally served as promptly as possible on the person to be evaluated and on the facility’s professional person in charge, or that person’s designee.

    ## 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. ) ## 5228. As promptly as possible, a copy of 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. (Added by Stats. 1967, Ch. 1667.)
  5. 5229.

    ## 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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    When a person is ordered to undergo evaluation, they must protect personal property, and the person who takes them to the evaluation facility must report the property to the court.

    ## 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. ) ## 5229. At the time a person is ordered to undergo 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 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 responsible for taking him to the evaluation facility 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 responsible for taking him to the evaluation facility 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. (Added by Stats. 1967, Ch. 1667.)
  6. 5230.

    ## 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 person found in need of treatment after evaluation may be detained for 72-hour treatment and evaluation, but detention generally cannot exceed 72 hours from evaluation or detention for evaluation.

    ## 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. ) ## 5230. If, upon evaluation, the person is found to be in need of treatment because he is, as a result of impairment by chronic alcoholism or the use of narcotics or restricted dangerous drugs, a danger to others, or to himself, or is gravely disabled, he may be detained for treatment in a facility for 72-hour treatment and evaluation. Except as provided in this section, he shall in no event be detained longer than 72 hours from the time of evaluation or detention for evaluation, excluding Saturdays, Sundays and holidays if treatment services are not available on those days. Persons who have been detained for evaluation and treatment shall be released if the criminal charge has been dismissed; released to the custody of the sheriff or continue to be detained pursuant to court order under Section 5226.1; referred for further care and treatment on a voluntary basis, subject to the disposition of the criminal action; certified for intensive treatment; or recommended for conservatorship pursuant to this part, subject to the disposition of the criminal charge; as required. (Amended by Stats. 1970, Ch. 1129.)
  7. 5250.

    ## 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 4. Certification for Intensive Treatment [5250 - 5259.3] ( Article 4 repealed and added by Stats. 1982, Ch. 1598, Sec. 4. )

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    A detained person may be certified for up to 14 days of intensive treatment if the listed 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 4. Certification for Intensive Treatment [5250 - 5259.3] ( Article 4 repealed and added by Stats. 1982, Ch. 1598, Sec. 4. ) ## 5250. If a person is detained for 72 hours under the provisions of Article 1 (commencing with Section 5150), or under court order for evaluation pursuant to Article 2 (commencing with Section 5200) or Article 3 (commencing with Section 5225) and has received an evaluation, the person may be certified for not more than 14 days of intensive treatment related to the mental health disorder or impairment by chronic alcoholism, under the following conditions: (a) The professional staff of the agency or facility providing evaluation services has analyzed the person’s condition and has found the person is, as a result of a mental health disorder or impairment by chronic alcoholism, a danger to others or to themselves, or is gravely disabled. (b) The facility providing intensive treatment is designated by the county to provide intensive treatment and agrees to admit the person. A facility shall not be designated to provide intensive treatment unless it complies with the certification review hearing required by this article. The procedures shall be described in the county Short-Doyle plan. (c) The person has been advised of the need for, but has not been willing or able to accept, treatment on a voluntary basis. (d) (1) Notwithstanding paragraph (1) of subdivision (h) of Section 5008, a person is not “gravely disabled” if that person can survive safely without involuntary detention with the help of responsible family, friends, or others who are both willing and able to help provide for the person’s basic personal needs for food, clothing, or shelter. (2) However, unless they specifically indicate in writing their willingness and ability to help, family, friends, or others shall not be considered willing or able to provide this help. (3) The purpose of this subdivision is to avoid the necessity for, and the harmful effects of, requiring family, friends, and others to publicly state, and requiring the certification review officer to publicly find, that no one is willing or able to assist a person with a grave disability. (Amended by Stats. 2024, Ch. 492, Sec. 13. (SB 1511) Effective January 1, 2025.)
  8. 5250.1.

    ## 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 4. Certification for Intensive Treatment [5250 - 5259.3] ( Article 4 repealed and added by Stats. 1982, Ch. 1598, Sec. 4. )

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    A facility official must notify specified county and law enforcement recipients when an involuntarily treated person is unconditionally released, if the officer requested notice and gave a supporting written certification; any related police or agency record must be destroyed after two years.

    ## 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 4. Certification for Intensive Treatment [5250 - 5259.3] ( Article 4 repealed and added by Stats. 1982, Ch. 1598, Sec. 4. ) ## 5250.1. The professional person in charge of a facility providing intensive treatment, pursuant to Section 5250 or 5270.15, or that person’s designee, shall notify the county behavioral health director, or the director’s designee, and the peace officer who made the original written application for 72-hour evaluation pursuant to Section 5150 or a person who is designated by the law enforcement agency that employs the peace officer, that the person admitted pursuant to the application has been released unconditionally if all of the following conditions apply: (a) The peace officer has requested notification at the time he or she makes the application for 72-hour evaluation. (b) The peace officer has certified in writing at the time he or she made the application 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. (c) The notice is limited to the person’s name, address, date of admission for 72-hour evaluation, date of certification for intensive 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. 21. (SB 804) Effective January 1, 2016.)
  9. 5251.

    ## 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 4. Certification for Intensive Treatment [5250 - 5259.3] ( Article 4 repealed and added by Stats. 1982, Ch. 1598, Sec. 4. )

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    A notice of certification must be signed by two people, with specified qualifications for the first and second signer.

    ## 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 4. Certification for Intensive Treatment [5250 - 5259.3] ( Article 4 repealed and added by Stats. 1982, Ch. 1598, Sec. 4. ) ## 5251. (a) For a person to be certified under this article, a notice of certification shall be signed by two people. (1) The first person shall be the professional person, or his or her designee, in charge of the agency or facility providing evaluation services. A designee of the professional person in charge of the agency or facility shall be a physician or a licensed psychologist who has a doctoral degree in psychology and at least five years of postgraduate experience in the diagnosis and treatment of emotional and mental disorders. (2) The second person shall be a physician or psychologist who participated in the evaluation. The physician shall be, if possible, a board certified psychiatrist. The psychologist shall be licensed and have at least five years of postgraduate experience in the diagnosis and treatment of emotional and mental disorders. (b) If the professional person in charge, or his or her designee, is the physician who performed the medical evaluation or a psychologist, the second person to sign may be another physician or psychologist unless one is not available, in which case a licensed clinical social worker, licensed marriage and family therapist, licensed professional clinical counselor, or registered nurse who participated in the evaluation shall sign the notice of certification. (Amended by Stats. 2017, Ch. 184, Sec. 1. (AB 191) Effective January 1, 2018.)
  10. 5252.

    ## 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 4. Certification for Intensive Treatment [5250 - 5259.3] ( Article 4 repealed and added by Stats. 1982, Ch. 1598, Sec. 4. )

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    A certification notice is required for people certified for intensive treatment, and the person receiving the notice must be told about a review hearing that will be held within four days unless judicial review is requested.

    ## 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 4. Certification for Intensive Treatment [5250 - 5259.3] ( Article 4 repealed and added by Stats. 1982, Ch. 1598, Sec. 4. ) ## 5252. A notice of certification is required for all persons certified for intensive treatment pursuant to Section 5250 or 5270.15, and shall be in substantially the following form (strike out inapplicable section): The authorized agency providing evaluation services in the County of _______ has evaluated the condition of: Name Address Age Sex Marital status We the undersigned allege that the above-named person is, as a result of mental disorder or impairment by chronic alcoholism: (1) A danger to others. (2) A danger to himself or herself. (3) Gravely disabled as defined in paragraph (1) of subdivision (h) or subdivision (l) of Section 5008 of the Welfare and Institutions Code. The specific facts which form the basis for our opinion that the above-named person meets one or more of the classifications indicated above are as follows: (certifying persons to fill in blanks) [Strike out all inapplicable classifications.] The above-named person has been informed of this evaluation, and has been advised of the need for, but has not been able or willing to accept treatment on a voluntary basis, or to accept referral to, the following services: We, therefore, certify the above-named person to receive intensive treatment related to the mental disorder or impairment by chronic alcoholism beginning this ____ day of (Month) , 19__, in the intensive treatment facility herein named ______. (Date) Signed Signed Countersigned _____ (Representing facility) _____ I hereby state that I delivered a copy of this notice this day to the above-named person and that I informed him or her that unless judicial review is requested a certification review hearing will be held within four days of the date on which the person is certified for a period of intensive treatment and that an attorney or advocate will visit him or her to provide assistance in preparing for the hearing or to answer questions regarding his or her commitment or to provide other assistance. The court has been notified of this certification on this day. _____ Signed (Amended by Stats. 1988, Ch. 1517, Sec. 3.)
  11. 5253.

    ## 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 4. Certification for Intensive Treatment [5250 - 5259.3] ( Article 4 repealed and added by Stats. 1982, Ch. 1598, Sec. 4. )

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    A certification notice must be delivered to the certified person, their attorney, or the attorney/advocate named in Section 5252.

    ## 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 4. Certification for Intensive Treatment [5250 - 5259.3] ( Article 4 repealed and added by Stats. 1982, Ch. 1598, Sec. 4. ) ## 5253. A copy of the certification notice shall be personally delivered to the person certified, the person’s attorney, or the attorney or advocate designated in Section 5252. The person certified shall also be asked to designate any person who is to be sent a copy of the certification notice. If the person certified is incapable of making this designation at the time of certification, he or she shall be asked to designate a person as soon as he or she is capable. (Amended by Stats. 1983, Ch. 319, Sec. 2.)
  12. 5254.

    ## 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 4. Certification for Intensive Treatment [5250 - 5259.3] ( Article 4 repealed and added by Stats. 1982, Ch. 1598, Sec. 4. )

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    A person delivering a notice of certification must tell the certified person about their right to a certification review hearing, usually within four days, unless judicial review is requested.

    ## 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 4. Certification for Intensive Treatment [5250 - 5259.3] ( Article 4 repealed and added by Stats. 1982, Ch. 1598, Sec. 4. ) ## 5254. The person delivering the copy of the notice of certification to the person certified shall, at the time of delivery, inform the person certified that he or she is entitled to a certification review hearing, to be held within four days of the date on which the person is certified for a period of intensive treatment in accordance with Section 5256 unless judicial review is requested, to determine whether or not probable cause exists to detain the person for intensive treatment related to the mental disorder or impairment by chronic alcoholism. The person certified shall be informed of his or her rights with respect to the hearing, including the right to the assistance of another person to prepare for the hearing or to answer other questions and concerns regarding his or her involuntary detention or both. (Amended by Stats. 1988, Ch. 1517, Sec. 4.)
  13. 5254.1.

    ## 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 4. Certification for Intensive Treatment [5250 - 5259.3] ( Article 4 repealed and added by Stats. 1982, Ch. 1598, Sec. 4. )

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    Whoever delivers the certification notice must, at delivery, tell the certified person about habeas corpus review rights and the right to counsel, and explain habeas corpus.

    ## 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 4. Certification for Intensive Treatment [5250 - 5259.3] ( Article 4 repealed and added by Stats. 1982, Ch. 1598, Sec. 4. ) ## 5254.1. The person delivering the copy of the notice of certification to the person certified shall, at the time of delivery, inform the person certified of his or her legal right to a judicial review by habeas corpus, and shall explain that term to the person certified, and inform the person of his or her right to counsel, including court-appointed counsel pursuant to Section 5276. (Repealed and added by Stats. 1982, Ch. 1598, Sec. 4.)
  14. 5255.

    ## 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 4. Certification for Intensive Treatment [5250 - 5259.3] ( Article 4 repealed and added by Stats. 1982, Ch. 1598, Sec. 4. )

    Verify source ↗

    An attorney or patient advocate must meet with the certified person as soon as practicable after certification to discuss the commitment process and help with the certification review hearing or other assistance.

    ## 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 4. Certification for Intensive Treatment [5250 - 5259.3] ( Article 4 repealed and added by Stats. 1982, Ch. 1598, Sec. 4. ) ## 5255. As soon after the certification as practicable, an attorney or patient advocate shall meet with the person certified to discuss the commitment process and to assist the person in preparing for the certification review hearing or to answer questions or otherwise assist the person as is appropriate. (Repealed and added by Stats. 1982, Ch. 1598, Sec. 4.)
  15. 5256.

    ## 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 4. Certification for Intensive Treatment [5250 - 5259.3] ( Article 4 repealed and added by Stats. 1982, Ch. 1598, Sec. 4. )

    Verify source ↗

    This section requires a certification review hearing within set time limits, and it requires specified officials and advocates to inform and assist detained people about the hearing and their rights.

    ## 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 4. Certification for Intensive Treatment [5250 - 5259.3] ( Article 4 repealed and added by Stats. 1982, Ch. 1598, Sec. 4. ) ## 5256. (a) When a person is certified for intensive treatment pursuant to Section 5250 or 5270.15, a certification review hearing shall be held unless judicial review has been requested as provided in Sections 5275 and 5276. The certification review hearing shall be within four days of the date on which the person is certified for a period of intensive treatment unless postponed by request of the person or their attorney or advocate. (b) When a person has not been certified for intensive treatment pursuant to Section 5250 and remains detained pursuant to Section 5150, a certification review hearing shall be held within seven days of the date the person was initially detained pursuant to Section 5150, unless judicial review has been requested as provided in Sections 5275 and 5276. The professional person in charge of the facility designated by the county for evaluation and treatment, or an individual designated by the county if the person is not in a designated facility, shall inform the detained person of their rights with respect to the hearing, such as the right to the assistance of another person, including the county patients’ rights advocate, to prepare for the hearing, shall answer questions and address concerns regarding involuntary detention, and shall inform them of their rights pursuant to Section 5254.1. An attorney or county patients’ rights advocate shall meet with the person to discuss the commitment process and to assist the person in preparing for the certification review hearing or to answer questions or otherwise assist the person as appropriate. The certification review hearing shall be conducted in accordance with Sections 5256.1, 5256.2, 5256.3, 5256.4, 5256.5, 5256.6, and 5256.7 and the detained person shall be considered a person certified. (Amended by Stats. 2022, Ch. 960, Sec. 3. (AB 2275) Effective January 1, 2023.)
  16. 5256.1.

    ## 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 4. Certification for Intensive Treatment [5250 - 5259.3] ( Article 4 repealed and added by Stats. 1982, Ch. 1598, Sec. 4. )

    Verify source ↗

    This section sets who may conduct a certification review hearing, which types of people may serve as hearing officers, and who is barred from serving.

    ## 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 4. Certification for Intensive Treatment [5250 - 5259.3] ( Article 4 repealed and added by Stats. 1982, Ch. 1598, Sec. 4. ) ## 5256.1. The certification review hearing shall be conducted by either a court-appointed commissioner or a referee, or a certification review hearing officer. The certification review hearing officer shall be either a state qualified administrative law hearing officer, a physician and surgeon, a licensed psychologist, a registered nurse, a lawyer, a certified law student, a licensed clinical social worker, a licensed marriage and family therapist, or a licensed professional clinical counselor. Licensed psychologists, licensed clinical social workers, licensed marriage and family therapists, licensed professional clinical counselors, and registered nurses who serve as certification review hearing officers shall have had a minimum of five years’ experience in mental health. Certification review hearing officers shall be selected from a list of eligible persons unanimously approved by a panel composed of the local mental health director, the county public defender, and the county counsel or district attorney designated by the county board of supervisors. No employee of the county mental health program or of any facility designated by the county and approved by the State Department of Social Services as a facility for 72-hour treatment and evaluation may serve as a certification review hearing officer. The location of the certification review hearing shall be compatible with, and least disruptive of, the treatment being provided to the person certified. In addition, hearings conducted by certification review officers shall be conducted at an appropriate place at the facility where the person certified is receiving treatment. (Amended by Stats. 2012, Ch. 438, Sec. 11. (AB 1468) Effective September 22, 2012.)
  17. 5256.2.

    ## 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 4. Certification for Intensive Treatment [5250 - 5259.3] ( Article 4 repealed and added by Stats. 1982, Ch. 1598, Sec. 4. )

    Verify source ↗

    At the certification review hearing, evidence supporting the certification decision must be presented by a person designated by the facility director. The district attorney or county counsel may also choose to present 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 2. Involuntary Treatment [5150 - 5349.1] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 4. Certification for Intensive Treatment [5250 - 5259.3] ( Article 4 repealed and added by Stats. 1982, Ch. 1598, Sec. 4. ) ## 5256.2. At the certification review hearing, the evidence in support of the certification decision shall be presented by a person designated by the director of the facility. In addition, either the district attorney or the county counsel may, at his or her discretion, elect to present evidence at the certification review hearing. (Added by Stats. 1982, Ch. 1598, Sec. 4.)
  18. 5256.3.

    ## 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 4. Certification for Intensive Treatment [5250 - 5259.3] ( Article 4 repealed and added by Stats. 1982, Ch. 1598, Sec. 4. )

    Verify source ↗

    The certified person must attend the certification review hearing unless they waive that right with help from an attorney or advocate.

    ## 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 4. Certification for Intensive Treatment [5250 - 5259.3] ( Article 4 repealed and added by Stats. 1982, Ch. 1598, Sec. 4. ) ## 5256.3. The person certified shall be present at the certification review hearing unless he or she, with the assistance of his or her attorney or advocate, waives his or her right to be present at a hearing. (Added by Stats. 1982, Ch. 1598, Sec. 4.)
  19. 5256.4.

    ## 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 4. Certification for Intensive Treatment [5250 - 5259.3] ( Article 4 repealed and added by Stats. 1982, Ch. 1598, Sec. 4. )

    Verify source ↗

    At a certification review hearing, the certified person has several rights, and the hearing and notice process must be handled informally, impartially, and with limited procedural formality.

    ## 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 4. Certification for Intensive Treatment [5250 - 5259.3] ( Article 4 repealed and added by Stats. 1982, Ch. 1598, Sec. 4. ) ## 5256.4. (a) At the certification review hearing, the person certified shall have the following rights: (1) Assistance by an attorney or advocate. (2) To present evidence on his or her own behalf. (3) To question persons presenting evidence in support of the certification decision. (4) To make reasonable requests for the attendance of facility employees who have knowledge of, or participated in, the certification decision. (5) If the person has received medication within 24 hours or such longer period of time as the person conducting the hearing may designate prior to the beginning of the hearing, the person conducting the hearing shall be informed of that fact and of the probable effects of the medication. (b) The hearing shall be conducted in an impartial and informal manner in order to encourage free and open discussion by participants. The person conducting the hearing shall not be bound by rules of procedure or evidence applicable in judicial proceedings. (c) Reasonable attempts shall be made by the mental health facility to notify family members or any other person designated by the patient, of the time and place of the certification hearing, unless the patient requests that this information not be provided. The patient shall be advised by the facility that is treating the patient that he or she has the right to request that this information not be provided. (d) All evidence which is relevant to establishing that the person certified is or is not as a result of mental disorder or impairment by chronic alcoholism, a danger to others, or to himself or herself, or gravely disabled, shall be admitted at the hearing and considered by the hearing officer. (e) Although resistance to involuntary commitment may be a product of a mental disorder, this resistance shall not, in itself, imply the presence of a mental disorder or constitute evidence that a person meets the criteria of being dangerous to self or others, or gravely disabled. (Amended by Stats. 1986, Ch. 872, Sec. 3.)
  20. 5256.5.

    ## 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 4. Certification for Intensive Treatment [5250 - 5259.3] ( Article 4 repealed and added by Stats. 1982, Ch. 1598, Sec. 4. )

    Verify source ↗

    After the review hearing, if there is no probable cause to keep the person certified as involuntarily detained, the person may no longer be involuntarily detained.

    ## 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 4. Certification for Intensive Treatment [5250 - 5259.3] ( Article 4 repealed and added by Stats. 1982, Ch. 1598, Sec. 4. ) ## 5256.5. If at the conclusion of the certification review hearing the person conducting the hearing finds that there is not probable cause to believe that the person certified is, as a result of a mental disorder or impairment by chronic alcoholism, a danger to others, or to himself or herself, or gravely disabled, then the person certified may no longer be involuntarily detained. Nothing herein shall prohibit the person from remaining at the facility on a voluntary basis or the facility from providing the person with appropriate referral information concerning mental health services. (Added by Stats. 1982, Ch. 1598, Sec. 4.)
  21. 5256.6.

    ## 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 4. Certification for Intensive Treatment [5250 - 5259.3] ( Article 4 repealed and added by Stats. 1982, Ch. 1598, Sec. 4. )

    Verify source ↗

    After a certification review hearing, if probable cause is found that the certified person is dangerous or gravely disabled because of a mental disorder or chronic alcoholism, the person may be detained for involuntary care, protection, 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 4. Certification for Intensive Treatment [5250 - 5259.3] ( Article 4 repealed and added by Stats. 1982, Ch. 1598, Sec. 4. ) ## 5256.6. If at the conclusion of the certification review hearing the person conducting the hearing finds that there is probable cause that the person certified is, as a result of a mental disorder or impairment by chronic alcoholism, a danger to others, or to himself or herself, or gravely disabled, then the person may be detained for involuntary care, protection, and treatment related to the mental disorder or impairment by chronic alcoholism pursuant to Sections 5250 and 5270.15. (Amended by Stats. 1988, Ch. 1517, Sec. 6.)
  22. 5256.7.

    ## 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 4. Certification for Intensive Treatment [5250 - 5259.3] ( Article 4 repealed and added by Stats. 1982, Ch. 1598, Sec. 4. )

    Verify source ↗

    After a certification review hearing, the certified person must be told the decision orally, and written notice must go to the person’s attorney/advocate and the facility director.

    ## 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 4. Certification for Intensive Treatment [5250 - 5259.3] ( Article 4 repealed and added by Stats. 1982, Ch. 1598, Sec. 4. ) ## 5256.7. The person certified shall be given oral notification of the decision at the conclusion of the certification review hearing. As soon thereafter as is practicable, the attorney or advocate for the person certified and the director of the facility where the person is receiving treatment shall be provided with a written notification of the decision, which shall include a statement of the evidence relied upon and the reasons for the decision. The attorney or advocate shall notify the person certified of the certification review hearing decision and of his or her rights to file a request for release and to have a hearing on the request before the superior court as set forth in Article 5 (commencing with Section 5275). A copy of the decision and the certification made pursuant to Section 5250 or 5270.15 shall be submitted to the superior court. (Amended by Stats. 1988, Ch. 1517, Sec. 7.)
  23. 5256.8.

    ## 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 4. Certification for Intensive Treatment [5250 - 5259.3] ( Article 4 repealed and added by Stats. 1982, Ch. 1598, Sec. 4. )

    Verify source ↗

    The certification review hearing requirement applies only to people certified for intensive treatment on or after January 1, 1983.

    ## 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 4. Certification for Intensive Treatment [5250 - 5259.3] ( Article 4 repealed and added by Stats. 1982, Ch. 1598, Sec. 4. ) ## 5256.8. The requirement that there is a certification review hearing in accordance with this article shall apply only to persons certified for intensive treatment on or after January 1, 1983. (Added by Stats. 1982, Ch. 1598, Sec. 4.)
  24. 5257.

    ## 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 4. Certification for Intensive Treatment [5250 - 5259.3] ( Article 4 repealed and added by Stats. 1982, Ch. 1598, Sec. 4. )

    Verify source ↗

    A person in intensive treatment can be released only under specified professional release rules, and the person is generally released after 14 days unless a listed exception applies.

    ## 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 4. Certification for Intensive Treatment [5250 - 5259.3] ( Article 4 repealed and added by Stats. 1982, Ch. 1598, Sec. 4. ) ## 5257. (a) During the period of intensive treatment pursuant to Section 5250 or 5270.15, the person’s involuntary detention shall be terminated and the person shall be released only if the psychiatrist directly responsible for the person’s treatment believes, as a result of the psychiatrist’s personal observations, that the person certified no longer is, as a result of mental disorder or impairment by chronic alcoholism, a danger to others, or to himself or herself, or gravely disabled. However, in those situations in which both a psychiatrist and psychologist have personally evaluated or examined a person who is undergoing intensive treatment and there is a collaborative treatment relationship between the psychiatrist and the psychologist, either the psychiatrist or psychologist may authorize the release of the person, 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 is undergoing intensive treatment, the person may not be released 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 during the designated period of intensive treatment, 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 during the period of intensive treatment only if the psychiatrist making the final decision believes, as a result of the psychiatrist’s personal observations, that the person certified no longer is, as a result of mental disorder or impairment by chronic alcoholism, a danger to others, or to himself or herself, or gravely disabled. Nothing herein shall prohibit the person from remaining at the facility on a voluntary basis or prevent the facility from providing the person with appropriate referral information concerning mental health services. (b) A person who has been certified for a period of intensive treatment pursuant to Section 5250 shall be released at the end of 14 days unless the patient either: (1) Agrees to receive further treatment on a voluntary basis. (2) Is certified for an additional 14 days of intensive treatment pursuant to Article 4.5 (commencing with Section 5260). (3) Is certified for an additional 30 days of intensive treatment pursuant to Article 4.7 (commencing with Section 5270.10). (4) Is the subject of a conservatorship petition filed pursuant to Chapter 3 (commencing with Section 5350). (5) Is the subject of a petition for postcertification treatment of a dangerous person filed pursuant to Article 6 (commencing with Section 5300). (c) 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. 2003, Ch. 94, Sec. 3. Effective January 1, 2004.)
  25. 5257.5.

    ## 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 4. Certification for Intensive Treatment [5250 - 5259.3] ( Article 4 repealed and added by Stats. 1982, Ch. 1598, Sec. 4. )

    Verify source ↗

    A care coordination plan must be prepared before discharge and given to the individual, with a first follow-up appointment included. The individual cannot be held longer just because of this plan, and post-release care must be voluntary.

    ## 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 4. Certification for Intensive Treatment [5250 - 5259.3] ( Article 4 repealed and added by Stats. 1982, Ch. 1598, Sec. 4. ) ## 5257.5. (a) A care coordination plan shall be developed by, at a minimum, the individual, the facility, the county behavioral health department, the health care payer, if different from the county, and any other individuals designated by the individual as appropriate, and shall be provided to the individual before their discharge. The care coordination plan shall include a first followup appointment with an appropriate behavioral health professional. The appointment information shall be provided to the individual before their release. In no event may the individual be involuntarily held based on the requirements of this subdivision beyond when they would otherwise qualify for release. All care and treatment after release shall be voluntary. (b) 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 individual has been referred pursuant to subdivision (a) 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. (c) The requirement to develop a care coordination plan under this section shall take effect immediately, without waiting for the department to create a model care coordination plan, as required pursuant to Section 5402.5. (Added by Stats. 2022, Ch. 867, Sec. 3. (AB 2242) Effective January 1, 2023.)
  26. 5258.

    ## 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 4. Certification for Intensive Treatment [5250 - 5259.3] ( Article 4 repealed and added by Stats. 1982, Ch. 1598, Sec. 4. )

    Verify source ↗

    After involuntary detention begins, the total detention period cannot exceed the maximum period that would apply if the person had been continuously detained involuntarily from the start.

    ## 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 4. Certification for Intensive Treatment [5250 - 5259.3] ( Article 4 repealed and added by Stats. 1982, Ch. 1598, Sec. 4. ) ## 5258. After the involuntary detention has begun, the total period of detention, including intervening periods of voluntary treatment, shall not exceed the total maximum period during which the person could have been detained, if the person had been detained continuously on an involuntary basis, from the time of initial involuntary detention. (Amended by Stats. 1988, Ch. 1517, Sec. 9.)
  27. 5259.

    ## 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 4. Certification for Intensive Treatment [5250 - 5259.3] ( Article 4 repealed and added by Stats. 1982, Ch. 1598, Sec. 4. )

    Verify source ↗

    The person in charge of a treatment facility, or a designee, may let a person certified for intensive treatment leave the facility for short periods during involuntary additional 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 4. Certification for Intensive Treatment [5250 - 5259.3] ( Article 4 repealed and added by Stats. 1982, Ch. 1598, Sec. 4. ) ## 5259. Nothing in this article shall prohibit the professional person in charge of a treatment facility, or his or her designee, from permitting a person certified for intensive treatment to leave the facility for short periods during the person’s involuntary additional treatment. (Added by Stats. 1982, Ch. 1598, Sec. 4.)
  28. 5259.1.

    ## 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 4. Certification for Intensive Treatment [5250 - 5259.3] ( Article 4 repealed and added by Stats. 1982, Ch. 1598, Sec. 4. )

    Verify source ↗

    A person who knowingly and willfully detains someone in violation of this article is liable for civil damages to that person.

    ## 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 4. Certification for Intensive Treatment [5250 - 5259.3] ( Article 4 repealed and added by Stats. 1982, Ch. 1598, Sec. 4. ) ## 5259.1. Any individual who is knowingly and willfully responsible for detaining a person in violation of the provisions of this article is liable to that person in civil damages. (Added by Stats. 1982, Ch. 1598, Sec. 4.)
  29. 5259.2.

    ## 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 4. Certification for Intensive Treatment [5250 - 5259.3] ( Article 4 repealed and added by Stats. 1982, Ch. 1598, Sec. 4. )

    Verify source ↗

    If a county designates at least two treatment facilities and someone involved in the case prefers one, the certifying professional person should try to follow that preference when administratively possible.

    ## 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 4. Certification for Intensive Treatment [5250 - 5259.3] ( Article 4 repealed and added by Stats. 1982, Ch. 1598, Sec. 4. ) ## 5259.2. Whenever a county designates two or more facilities to provide treatment, and the person to be treated, his or her family, conservator, or guardian expresses a preference for one of these facilities, the professional person certifying the person to be treated shall attempt, if administratively possible, to comply with the preference. (Added by Stats. 1982, Ch. 1598, Sec. 4.)
  30. 5259.3.

    ## 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 4. Certification for Intensive Treatment [5250 - 5259.3] ( Article 4 repealed and added by Stats. 1982, Ch. 1598, Sec. 4. )

    Verify source ↗

    Several listed facility and hearing personnel are shielded from civil or criminal liability for actions taken by a person released under this article, subject to the section’s timing and Section 5257 conditions.

    ## 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 4. Certification for Intensive Treatment [5250 - 5259.3] ( Article 4 repealed and added by Stats. 1982, Ch. 1598, Sec. 4. ) ## 5259.3. (a) Notwithstanding Section 5113, if the provisions of Section 5257 have been met, the professional person in charge of the facility providing intensive treatment, his or her designee, the professional person designated by the county, the medical director of the facility or his or her designee described in Section 5257, 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 14 days pursuant to this article. (b) The professional person in charge of the facility providing intensive treatment, his or her designee, the professional person designated by the county, the medical director of the facility or his or her designee described in Section 5257, 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 14 days pursuant to this article. (c) The attorney or advocate representing the person, the court-appointed commissioner or referee, the certification review hearing officer conducting the certification review hearing, and 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 14 days pursuant to this article. (d) 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. 2013, Ch. 567, Sec. 10. (SB 364) Effective January 1, 2014.)
  31. 5260.

    ## 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 4.5. Additional Intensive Treatment of Suicidal Persons [5260 - 5268] ( Heading of Article 4.5 renumbered from Article 3.5 by Stats. 1969, Ch. 722. )

    Verify source ↗

    A person meeting the stated suicide-risk conditions may be held for up to 14 more days of intensive treatment after the initial 14-day period ends.

    ## 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 4.5. Additional Intensive Treatment of Suicidal Persons [5260 - 5268] ( Heading of Article 4.5 renumbered from Article 3.5 by Stats. 1969, Ch. 722. ) ## 5260. At the expiration of the 14-day period of intensive treatment any person who, as a result of mental disorder or impairment by chronic alcoholism, during the 14-day period or the 72-hour evaluation period, threatened or attempted to take his or her own life or who was detained for evaluation and treatment because he or she threatened or attempted to take his or her own life and who continues to present an imminent threat of taking his or her own life, may be confined for further intensive treatment pursuant to this article for an additional period not to exceed 14 days. This further intensive treatment may occur only under the following conditions: (a) The professional staff of the agency or facility providing intensive treatment services has analyzed the person’s condition and has found that the person presents an imminent threat of taking his or her own life. (b) The person has been advised of, but has not accepted, voluntary treatment. (c) The facility providing additional intensive treatment is equipped and staffed to provide treatment, is designated by the county to provide that intensive treatment, and agrees to admit the person. (d) The person has, as a result of mental disorder or impairment by chronic alcoholism, threatened or attempted to take his or her own life during the 14-day period of intensive treatment or the 72-hour evaluation period or was detained for evaluation and treatment because he or she threatened or attempted to take his or her own life. (Amended by Stats. 2017, Ch. 218, Sec. 1. (SB 565) Effective January 1, 2018.)
  32. 5261.

    ## 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 4.5. Additional Intensive Treatment of Suicidal Persons [5260 - 5268] ( Heading of Article 4.5 renumbered from Article 3.5 by Stats. 1969, Ch. 722. )

    Verify source ↗

    To certify a person under this article, a second notice of certification must be signed by the facility’s professional person in charge and by a qualified physician or psychologist, with backup signers allowed in a narrow circumstance.

    ## 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 4.5. Additional Intensive Treatment of Suicidal Persons [5260 - 5268] ( Heading of Article 4.5 renumbered from Article 3.5 by Stats. 1969, Ch. 722. ) ## 5261. (a) For a person to be certified under this article, a second notice of certification shall be signed by the professional person in charge of the facility providing the 14-day intensive treatment under Article 4 (commencing with Section 5250) to the person and by a physician, if possible a board-qualified psychiatrist, or a licensed psychologist who has a doctoral degree in psychology and at least five years of postgraduate experience in the diagnosis and treatment of emotional and mental disorders. The physician or psychologist who signs shall have participated in the evaluation and finding referred to in subdivision (a) of Section 5260. (b) If the professional person in charge is the physician who performed the medical evaluation and finding, or a psychologist, the second person to sign may be another physician or psychologist unless one is not available, in which case a social worker, licensed marriage and family therapist, licensed professional clinical counselor, or registered nurse who participated in the evaluation and finding shall sign the notice of certification. (Amended by Stats. 2017, Ch. 184, Sec. 2. (AB 191) Effective January 1, 2018.)
  33. 5262.

    ## 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 4.5. Additional Intensive Treatment of Suicidal Persons [5260 - 5268] ( Heading of Article 4.5 renumbered from Article 3.5 by Stats. 1969, Ch. 722. )

    Verify source ↗

    For involuntary 14-day intensive treatment of imminently suicidal persons, a second certification notice must be issued in substantially 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 4.5. Additional Intensive Treatment of Suicidal Persons [5260 - 5268] ( Heading of Article 4.5 renumbered from Article 3.5 by Stats. 1969, Ch. 722. ) ## 5262. A second notice of certification for imminently suicidal persons is required for all involuntary 14-day intensive treatment, pursuant to this article, and shall be in substantially the following form: To the Superior Court of the State of California for the County of ______ The authorized agency providing 14-day intensive treatment, County of _________, has custody of: _________ Name ____________ Address ____________ Age ____________ Sex ____________ Marital status ____________ Religious affiliation ____________ The undersigned allege that the above-named person presents an imminent threat of taking his own life. This allegation is based upon the following facts: This allegation is supported by the accompanying affidavits signed by ____________. The above-named person has been informed of this allegation and has been advised of, but has not been able or willing to accept referral to, the following services: We, therefore, certify the above-named person to receive additional intensive treatment for no more than 14 days beginning this day of (Month), 19__, in the intensive treatment facility herein named ________. We hereby state that a copy of this notice has been delivered this day to the above-named person and that he has been clearly advised of his continuing legal right to a judicial review by habeas corpus, and this term has been explained to him. (Date) Signed Countersigned _____ Representing intensive treatment facility _____ (Added by Stats. 1968, Ch. 1374.)
  34. 5263.

    ## 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 4.5. Additional Intensive Treatment of Suicidal Persons [5260 - 5268] ( Heading of Article 4.5 renumbered from Article 3.5 by Stats. 1969, Ch. 722. )

    Verify source ↗

    Copies of the second certification notice for an imminently suicidal person must be filed with the court, delivered to the person, and sent to specified others.

    ## 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 4.5. Additional Intensive Treatment of Suicidal Persons [5260 - 5268] ( Heading of Article 4.5 renumbered from Article 3.5 by Stats. 1969, Ch. 722. ) ## 5263. Copies of the second notice of certification for imminently suicidal persons, as set forth in Section 5262, shall be filed with the court and personally delivered to the person certified. A copy shall also be sent to the person’s attorney, to the district attorney, to the public defender, if any, and to the facility providing intensive treatment. The person certified shall also be asked to designate any person who is to be sent a copy of the certification notice. If the person certified is incapable of making such a designation at the time of certification, he or she shall be asked to designate such person as soon as he or she is capable. (Amended by Stats. 1983, Ch. 319, Sec. 8.)
  35. 5264.

    ## 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 4.5. Additional Intensive Treatment of Suicidal Persons [5260 - 5268] ( Heading of Article 4.5 renumbered from Article 3.5 by Stats. 1969, Ch. 722. )

    Verify source ↗

    A certification for imminently suicidal persons lasts no more than 14 days, and release depends on specified clinical decisions and exceptions.

    ## 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 4.5. Additional Intensive Treatment of Suicidal Persons [5260 - 5268] ( Heading of Article 4.5 renumbered from Article 3.5 by Stats. 1969, Ch. 722. ) ## 5264. (a) A certification for imminently suicidal persons shall be for no more than 14 days of intensive treatment, and shall terminate only as soon as the psychiatrist directly responsible for the person’s treatment believes, as a result of the psychiatrist’s personal observations, that the person has improved sufficiently for him or her to leave, or is prepared to voluntarily accept treatment on referral or to remain on a voluntary basis in the facility providing intensive treatment. However, in those situations in which both a psychiatrist and psychologist have personally evaluated or examined a person who is undergoing intensive treatment and there is a collaborative treatment relationship between the psychiatrist and psychologist, either the psychiatrist or psychologist may authorize the release of the person, 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 is undergoing intensive treatment, the person may not be released 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 14 days 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 14 days have elapsed only if the psychiatrist believes, as a result of the psychiatrist’s personal observations, that the person has improved sufficiently for him or her to leave, or is prepared to accept voluntary treatment on referral or to remain in the facility providing intensive treatment on a voluntary basis. (b) Any person who has been certified for 14 days of intensive treatment under this article and to whom Section 5226.1 is not applicable, or with respect to whom the criminal charge has been dismissed under Section 5226.1, shall be released at the end of the 14 days unless any of the following applies: (1) The patient agrees to receive further treatment on a voluntary basis. (2) The patient has been recommended for conservatorship pursuant to Chapter 3 (commencing with Section 5350). (3) The patient is a person to whom Article 6 (commencing with Section 5300) of this chapter is applicable. (c) 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. 2003, Ch. 94, Sec. 5. Effective January 1, 2004.)
  36. 5265.

    ## 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 4.5. Additional Intensive Treatment of Suicidal Persons [5260 - 5268] ( Heading of Article 4.5 renumbered from Article 3.5 by Stats. 1969, Ch. 722. )

    Verify source ↗

    A person who knowingly and willfully detains someone for more than 14 days in violation of Section 5264 is liable for civil damages to that person.

    ## 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 4.5. Additional Intensive Treatment of Suicidal Persons [5260 - 5268] ( Heading of Article 4.5 renumbered from Article 3.5 by Stats. 1969, Ch. 722. ) ## 5265. Any individual who is knowingly and willfully responsible for detaining a person for more than 14 days in violation of the provisions of Section 5264 is liable to that person in civil damages. (Added by Stats. 1968, Ch. 1374.)
  37. 5266.

    ## 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 4.5. Additional Intensive Treatment of Suicidal Persons [5260 - 5268] ( Heading of Article 4.5 renumbered from Article 3.5 by Stats. 1969, Ch. 722. )

    Verify source ↗

    If a county has designated two or more intensive-treatment facilities and the patient or family prefers one of them, the certifying professional person must try to follow that preference when administratively possible.

    ## 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 4.5. Additional Intensive Treatment of Suicidal Persons [5260 - 5268] ( Heading of Article 4.5 renumbered from Article 3.5 by Stats. 1969, Ch. 722. ) ## 5266. Whenever a county designates two or more facilities to provide intensive treatment and the person to be treated, his family, conservator or guardian expresses a preference for one such facility, the professional person certifying the person to be treated shall attempt, if administratively possible, to comply with the preference. (Added by Stats. 1968, Ch. 1374.)
  38. 5267.

    ## 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 4.5. Additional Intensive Treatment of Suicidal Persons [5260 - 5268] ( Heading of Article 4.5 renumbered from Article 3.5 by Stats. 1969, Ch. 722. )

    Verify source ↗

    Certain facility and treatment professionals are protected from civil or criminal liability for actions by a person released under this article, 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 4.5. Additional Intensive Treatment of Suicidal Persons [5260 - 5268] ( Heading of Article 4.5 renumbered from Article 3.5 by Stats. 1969, Ch. 722. ) ## 5267. (a) Notwithstanding Section 5113, if the provisions of Section 5264 have been met, the professional person in charge of the facility providing intensive treatment, his or her designee, the medical director of the facility or his or her designee described in Section 5264, 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 14 days pursuant to this article. (b) The professional person in charge of the facility providing intensive treatment, his or her designee, the medical director of the facility or his or her designee described in Section 5264, 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 14 days pursuant to this article. (c) 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. 2003, Ch. 94, Sec. 6. Effective January 1, 2004.)
  39. 5268.

    ## 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 4.5. Additional Intensive Treatment of Suicidal Persons [5260 - 5268] ( Heading of Article 4.5 renumbered from Article 3.5 by Stats. 1969, Ch. 722. )

    Verify source ↗

    The person in charge of an intensive treatment facility, or a designee, may let a person certified for intensive treatment leave the facility for short periods during involuntary intensive 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 4.5. Additional Intensive Treatment of Suicidal Persons [5260 - 5268] ( Heading of Article 4.5 renumbered from Article 3.5 by Stats. 1969, Ch. 722. ) ## 5268. Nothing in this article shall prohibit the professional person in charge of an intensive treatment facility, or his designee, from permitting a person certified for intensive treatment to leave the facility for short periods during the person’s involuntary intensive treatment. (Added by Stats. 1968, Ch. 1374.)
  40. 5270.10.

    ## 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 4.7. Additional Intensive Treatment [5270.10 - 5270.70] ( Article 4.7 added by Stats. 1988, Ch. 1517, Sec. 10. )

    Verify source ↗

    The Legislature states that this section is meant to reduce conservatorship petitions and temporary conservatorships used only to get extra treatment time when a conservator is not actually believed to be needed.

    ## 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 4.7. Additional Intensive Treatment [5270.10 - 5270.70] ( Article 4.7 added by Stats. 1988, Ch. 1517, Sec. 10. ) ## 5270.10. It is the intent of the Legislature to reduce the number of gravely disabled persons for whom conservatorship petitions are filed and who are placed under the extensive powers and authority of a temporary conservator simply to obtain an additional period of treatment without the belief that a conservator is actually needed and without the intention of proceeding to trial on the conservatorship petition. This change will substantially reduce the number of conservatorship petitions filed and temporary conservatorships granted under this part which do not result in either a trial or a conservatorship. (Added by Stats. 1988, Ch. 1517, Sec. 10.)
  41. 5270.12.

    ## 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 4.7. Additional Intensive Treatment [5270.10 - 5270.70] ( Article 4.7 added by Stats. 1988, Ch. 1517, Sec. 10. )

    Verify source ↗

    This article applies only in counties where the county board of supervisors authorizes it by resolution and finds the extra costs are covered without reducing current 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 2. Involuntary Treatment [5150 - 5349.1] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 4.7. Additional Intensive Treatment [5270.10 - 5270.70] ( Article 4.7 added by Stats. 1988, Ch. 1517, Sec. 10. ) ## 5270.12. This article shall be operative only in those counties in which the county board of supervisors, by resolution, authorizes its application and, by resolution, makes a finding that any additional costs incurred by the county in the implementation of this article are funded either by new funding sufficient to cover the costs incurred by the county resulting from this article, or funds redirected from cost savings resulting from this article, or a combination thereof, so that no current service reductions will occur as a result of the enactment of this article. Compliance with this section shall be monitored by the State Department of Health Care Services as part of its review and approval of mental health plans and performance contracts. (Amended by Stats. 2012, Ch. 34, Sec. 84. (SB 1009) Effective June 27, 2012.)
  42. 5270.15.

    ## 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 4.7. Additional Intensive Treatment [5270.10 - 5270.70] ( Article 4.7 added by Stats. 1988, Ch. 1517, Sec. 10. )

    Verify source ↗

    After an initial 14-day intensive treatment period, a person may be certified for up to 30 more days if they remain gravely disabled and unwilling or unable to accept voluntary 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 4.7. Additional Intensive Treatment [5270.10 - 5270.70] ( Article 4.7 added by Stats. 1988, Ch. 1517, Sec. 10. ) ## 5270.15. (a) Upon the completion of a 14-day period of intensive treatment pursuant to Section 5250, the person may be certified for an additional period of not more than 30 days of intensive treatment under both of the following conditions: (1) The professional staff of the agency or facility treating the person has found that the person remains gravely disabled as a result of a mental disorder or impairment by chronic alcoholism. (2) The person remains unwilling or unable to accept treatment voluntarily. (b) A person certified for an additional 30 days pursuant to this article shall be provided a certification review hearing in accordance with Section 5256 unless a judicial review is requested pursuant to Article 5 (commencing with Section 5275). (1) Reasonable attempts shall be made by the mental health facility to notify family members or any other person designated by the patient at least 36 hours before the certification review hearing, of the time and place of the certification hearing, unless the patient requests that this information not be provided. The patient shall be advised by the facility that is treating the patient that he or she has the right to request that this information not be provided. (2) The professional staff of the agency or facility providing intensive treatment shall analyze the person’s condition at intervals not to exceed 10 days, to determine whether the person continues to meet the criteria established for certification under this section, and shall daily monitor the person’s treatment plan and progress. Termination of this certification before the 30th day shall be made pursuant to Section 5270.35. (Amended by Stats. 2018, Ch. 92, Sec. 225. (SB 1289) Effective January 1, 2019.)
  43. 5270.20.

    ## 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 4.7. Additional Intensive Treatment [5270.10 - 5270.70] ( Article 4.7 added by Stats. 1988, Ch. 1517, Sec. 10. )

    Verify source ↗

    A second notice of certification must be signed by the facility’s professional person in charge and by a qualified physician or psychologist.

    ## 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 4.7. Additional Intensive Treatment [5270.10 - 5270.70] ( Article 4.7 added by Stats. 1988, Ch. 1517, Sec. 10. ) ## 5270.20. (a) For a person to be certified under this article, a second notice of certification shall be signed by the professional person in charge of the facility providing intensive treatment to the person and by either a physician who shall, if possible, be a board-qualified psychiatrist, or a licensed psychologist who has a doctoral degree in psychology and at least five years of postgraduate experience in the diagnosis and treatment of emotional and mental disorders. The physician or psychologist who signs shall have participated in the evaluation and finding referred to in subdivision (a) of Section 5270.15. (b) If the professional person in charge is the physician who performed the medical evaluation and finding, or a psychologist, the second person to sign may be another physician or psychologist unless one is not available, in which case a social worker, licensed marriage and family therapist, licensed professional clinical counselor, or registered nurse who participated in the evaluation and finding shall sign the notice of certification. (Amended by Stats. 2017, Ch. 184, Sec. 3. (AB 191) Effective January 1, 2018.)
  44. 5270.25.

    ## 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 4.7. Additional Intensive Treatment [5270.10 - 5270.70] ( Article 4.7 added by Stats. 1988, Ch. 1517, Sec. 10. )

    Verify source ↗

    A second notice of certification is required for all involuntary intensive treatment under this article, and it must be substantially in the form indicated in Section 5252.

    ## 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 4.7. Additional Intensive Treatment [5270.10 - 5270.70] ( Article 4.7 added by Stats. 1988, Ch. 1517, Sec. 10. ) ## 5270.25. A second notice of certification is required for all involuntary intensive treatment, pursuant to this article, and shall be in substantially the form indicated in Section 5252. (Added by Stats. 1988, Ch. 1517, Sec. 10.)
  45. 5270.30.

    ## 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 4.7. Additional Intensive Treatment [5270.10 - 5270.70] ( Article 4.7 added by Stats. 1988, Ch. 1517, Sec. 10. )

    Verify source ↗

    The second notice of certification must be filed with the court and delivered to the certified person, with copies also sent to listed others.

    ## 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 4.7. Additional Intensive Treatment [5270.10 - 5270.70] ( Article 4.7 added by Stats. 1988, Ch. 1517, Sec. 10. ) ## 5270.30. Copies of the second notice of certification as set forth in Section 5270.25, shall be filed with the court and personally delivered to the person certified. A copy shall also be sent to the person’s attorney, to the district attorney, to the public defender, if any, and to the facility providing intensive treatment. The person certified shall also be asked to designate any individual who is to be sent a copy of the certification notice. If the person certified is incapable of making the designation at the time of certification, that person shall be given another opportunity to designate when able to do so. (Added by Stats. 1988, Ch. 1517, Sec. 10.)
  46. 5270.35.

    ## 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 4.7. Additional Intensive Treatment [5270.10 - 5270.70] ( Article 4.7 added by Stats. 1988, Ch. 1517, Sec. 10. )

    Verify source ↗

    A certification for intensive treatment lasts no more than 30 days and must end sooner if the treatment psychiatrist believes the person no longer meets certification criteria or can accept treatment voluntarily. Release before 30 days can happen only through the stated professional review process, and people certified for 30 days must be released at the end unless an exception applies.

    ## 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 4.7. Additional Intensive Treatment [5270.10 - 5270.70] ( Article 4.7 added by Stats. 1988, Ch. 1517, Sec. 10. ) ## 5270.35. (a) A certification pursuant to this article shall be for no more than 30 days of intensive treatment, and shall terminate only as soon as the psychiatrist directly responsible for the person’s treatment believes, as a result of the psychiatrist’s personal observations, that the person no longer meets the criteria for the certification, or is prepared to voluntarily accept treatment on a referral basis or to remain on a voluntary basis in the facility providing intensive treatment. However, in those situations in which both a psychiatrist and psychologist have personally evaluated or examined a person who is undergoing intensive treatment and there is a collaborative treatment relationship between the psychiatrist and the psychologist, either the psychiatrist or psychologist may authorize the release of the person 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 is undergoing intensive treatment, the person may not be released 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 30 days 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 30 days have elapsed only if the psychiatrist believes, as a result of the psychiatrist’s personal observations, that the person no longer meets the criteria for certification, or is prepared to voluntarily accept treatment on referral or to remain on a voluntary basis in the facility providing intensive treatment. (b) Any person who has been certified for 30 days of intensive treatment under this article, shall be released at the end of 30 days unless one or more of the following is applicable: (1) The patient agrees to receive further treatment on a voluntary basis. (2) The patient is the subject of a conservatorship petition filed pursuant to Chapter 3 (commencing with Section 5350). (3) The patient is the subject of a petition for postcertification treatment of a dangerous person filed pursuant to Article 6 (commencing with Section 5300). (c) 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. 2003, Ch. 94, Sec. 7. Effective January 1, 2004.)
  47. 5270.40.

    ## 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 4.7. Additional Intensive Treatment [5270.10 - 5270.70] ( Article 4.7 added by Stats. 1988, Ch. 1517, Sec. 10. )

    Verify source ↗

    A person who knowingly and willfully keeps someone detained for more than 30 days in violation of Section 5270.35 can be liable for 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 4.7. Additional Intensive Treatment [5270.10 - 5270.70] ( Article 4.7 added by Stats. 1988, Ch. 1517, Sec. 10. ) ## 5270.40. Any individual who is knowingly and willfully responsible for detaining a person for more than 30 days in violation of the provisions of Section 5270.35 is liable to that person in civil damages. (Added by Stats. 1988, Ch. 1517, Sec. 10.)
  48. 5270.45.

    ## 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 4.7. Additional Intensive Treatment [5270.10 - 5270.70] ( Article 4.7 added by Stats. 1988, Ch. 1517, Sec. 10. )

    Verify source ↗

    If a county designates two or more intensive treatment facilities and the patient or family prefers one, the certifying professional person must try to honor that preference if administratively possible.

    ## 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 4.7. Additional Intensive Treatment [5270.10 - 5270.70] ( Article 4.7 added by Stats. 1988, Ch. 1517, Sec. 10. ) ## 5270.45. Whenever a county designates two or more facilities to provide intensive treatment and the person to be treated, his or her family, conservator, or guardian expresses a preference for one facility, the professional person certifying the person to be treated shall attempt, if administratively possible, to comply with the preference. (Added by Stats. 1988, Ch. 1517, Sec. 10.)
  49. 5270.50.

    ## 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 4.7. Additional Intensive Treatment [5270.10 - 5270.70] ( Article 4.7 added by Stats. 1988, Ch. 1517, Sec. 10. )

    Verify source ↗

    If the section’s conditions are met, specified treatment-facility and hearing/detention participants are shielded from civil or criminal liability for actions taken by a person released during or at the end of 30 days of intensive 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 4.7. Additional Intensive Treatment [5270.10 - 5270.70] ( Article 4.7 added by Stats. 1988, Ch. 1517, Sec. 10. ) ## 5270.50. (a) Notwithstanding Section 5113, if the provisions of Section 5270.35 have been met, the professional person in charge of the facility providing intensive treatment, his or her designee, and the professional person directly responsible for the person’s treatment shall not be held civilly or criminally liable for any action by a person released before or at the end of 30 days pursuant to this article. (b) The attorney or advocate representing the person, the court-appointed commissioner or referee, the certification review hearing officer conducting the certification review hearing, or the peace officer responsible for detaining the person shall not be civilly or criminally liable for any action by a person released at or before the end of the 30 days of intensive treatment pursuant to this article. (Amended by Stats. 2016, Ch. 703, Sec. 23. (AB 2881) Effective January 1, 2017.)
  50. 5270.55.

    ## 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 4.7. Additional Intensive Treatment [5270.10 - 5270.70] ( Article 4.7 added by Stats. 1988, Ch. 1517, Sec. 10. )

    Verify source ↗

    The facility’s person in charge must evaluate whether a gravely disabled person may need continued detention and likely conservatorship, and must make a conservatorship referral when required. The person may be certified for an additional 30 days in some cases, the conservatorship hearing must be held by day 30 of certification, and the maximum involuntary detention period is 77 days.

    ## 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 4.7. Additional Intensive Treatment [5270.10 - 5270.70] ( Article 4.7 added by Stats. 1988, Ch. 1517, Sec. 10. ) ## 5270.55. (a) Whenever it is contemplated that a gravely disabled person may need to be detained beyond the end of the 14-day period of intensive treatment and prior to proceeding with an additional 30-day certification, the professional person in charge of the facility shall cause an evaluation to be made, based on the patient’s current condition and past history, as to whether it appears that the person, even after up to 30 days of additional treatment, is likely to qualify for appointment of a conservator. If the appointment of a conservator appears likely, the conservatorship referral shall be made during the 14-day period of intensive treatment. (b) If it appears that with up to 30 days additional treatment a person is likely to reconstitute sufficiently to obviate the need for appointment of a conservator, then the person may be certified for the additional 30 days. (c) When a conservatorship referral has not been made during the 14-day period and it appears during the 30-day certification that the person is likely to require the appointment of a conservator, or when a conservatorship referral has not been made during the initial 30-day period and it appears during a second consecutive 30-day period of intensive treatment approved by a court pursuant to Section 5270.70 that the person is likely to require the appointment of a conservator, then the conservatorship referral shall be made to allow sufficient time for conservatorship investigation and other related procedures. If a temporary conservatorship is obtained, it shall run concurrently with and not consecutively to the 30-day certification period. The conservatorship hearing shall be held by the 30th day of the certification period. The maximum involuntary detention period for gravely disabled persons pursuant to Sections 5150, 5250, and 5270.15 shall be limited to 77 days. This section does not prevent a person from exercising their right to a hearing as stated in Sections 5275 and 5353. (Amended by Stats. 2022, Ch. 619, Sec. 1. (SB 1227) Effective January 1, 2023.)
  51. 5270.65.

    ## 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 4.7. Additional Intensive Treatment [5270.10 - 5270.70] ( Article 4.7 added by Stats. 1988, Ch. 1517, Sec. 10. )

    Verify source ↗

    This section says the intensive treatment facility’s professional person in charge, or a designee, may allow a person certified for intensive treatment to leave the facility for short periods during 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 4.7. Additional Intensive Treatment [5270.10 - 5270.70] ( Article 4.7 added by Stats. 1988, Ch. 1517, Sec. 10. ) ## 5270.65. Nothing in this article shall prohibit the professional person in charge of an intensive treatment facility, or a designee, from permitting a person certified for intensive treatment to leave the facility for short periods during the person’s intensive treatment. (Added by Stats. 1988, Ch. 1517, Sec. 10.)
  52. 5270.70.

    ## 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 4.7. Additional Intensive Treatment [5270.10 - 5270.70] ( Article 4.7 added by Stats. 1988, Ch. 1517, Sec. 10. )

    Verify source ↗

    This section lets a facility seek up to 30 more days of intensive treatment for a person only if required findings are made, and it requires notice, counsel, and prompt court action.

    ## 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 4.7. Additional Intensive Treatment [5270.10 - 5270.70] ( Article 4.7 added by Stats. 1988, Ch. 1517, Sec. 10. ) ## 5270.70. (a) If, after 15 days of the 30-day period of intensive treatment pursuant to this article, but at least 7 days before expiration of the 30 days, the professional staff of the agency or facility treating the person finds that the person remains gravely disabled as a result of a mental disorder or impairment by chronic alcoholism and the person remains unwilling or unable to accept treatment voluntarily, the professional person in charge of the facility providing intensive treatment to the person may file a petition in the superior court for the county in which the facility providing intensive treatment is located, seeking approval for up to an additional 30 days of intensive treatment. The court shall immediately appoint the public defender or other attorney to represent the person in the hearing under this section, if that person does not already have counsel to represent them in the proceedings. (b) Reasonable attempts shall be made by the mental health facility to notify family members or any other person designated by the patient of the time and place of the judicial review, unless the patient requests that this information not be provided. The patient shall be advised by the facility that is treating the patient that the patient has the right to request that this information not be provided. (c) (1) The court shall either deny the petition or order an evidentiary hearing to be held within two court days after the petition is filed. The court may order that the person be held for up to an additional 30 days of intensive treatment if, at the evidentiary hearing, the court finds all of the following, based on the evidence presented: (A) That the person, as a result of mental disorder or impairment by chronic alcoholism, is gravely disabled. (B) That the person had been advised of the existence of, and has not accepted, voluntary treatment. (C) That the facility providing intensive treatment is equipped and staffed to provide the required treatment and is designated by the county to provide intensive treatment (D) That the person is likely to benefit from continued treatment. (2) If the court does not make all of the findings required by paragraph (1), the person shall be released no later than the expiration of the original 30-day period. (d) A finding under this section shall not be admissible in evidence in any civil proceeding without the consent of the person who was the subject of the finding. (e) In no event may a person be held beyond the original 30-day period of intensive treatment unless a court has determined that an additional period of up to 30 days of treatment is required, regardless of whether or not the court hearing has been set. (Added by Stats. 2022, Ch. 619, Sec. 2. (SB 1227) Effective January 1, 2023.)
  53. 5275.

    ## 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 5. Judicial Review [5275 - 5278] ( Heading of Article 5 renumbered from Article 4 by Stats. 1968, Ch. 1374. )

    Verify source ↗

    People detained under this part have a right to seek habeas corpus release, and staff must pass the request along to the facility’s responsible person and the superior court. Intentional violations are misdemeanors.

    ## 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 5. Judicial Review [5275 - 5278] ( Heading of Article 5 renumbered from Article 4 by Stats. 1968, Ch. 1374. ) ## 5275. Every person detained under this part shall have a right to a hearing by writ of habeas corpus for their release after they or any person acting on their behalf has made a request for release to either (a) the person delivering the copy of the notice of certification to the person certified at the time of the delivery, or (b) to any member of the treatment staff of the facility providing intensive treatment, at any time during treatment pursuant to this part. Any person delivering a copy of the certification notice or any member of the treatment staff to whom a request for release is made shall promptly provide the person making the request for their signature or mark a copy of the form set forth below. The person delivering the copy of the certification notice or the member of the treatment staff, as the case may be, shall fill in their 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 professional person in charge of the intensive treatment facility, or their designee, notifying them of the request. As soon as possible, the person notified shall inform the superior court for the county in which the facility is located of the request for release. Any person who intentionally violates this section is guilty of a misdemeanor. The form for a request for release shall be substantially as follows: (Name of the facility)___ day of ____ 20__ I, ____ (member of the treatment staff, or person delivering the copy of the certification notice), have today received a request for the release of ____ (name of patient) from the undersigned patient on the patient’s 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. 2023, Ch. 131, Sec. 225. (AB 1754) Effective January 1, 2024.)
  54. 5276.

    ## 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 5. Judicial Review [5275 - 5278] ( Heading of Article 5 renumbered from Article 4 by Stats. 1968, Ch. 1374. )

    Verify source ↗

    Sets where judicial review must be heard for certain involuntary treatment cases, requires quick court action, limits transfer before review ends, and gives the person notice rights and appointed counsel if elected.

    ## 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 5. Judicial Review [5275 - 5278] ( Heading of Article 5 renumbered from Article 4 by Stats. 1968, Ch. 1374. ) ## 5276. Judicial review shall be in the superior court for the county in which the facility providing intensive treatment is located or in the county in which the 72-hour evaluation was conducted if the patient or a person acting in his or her behalf informs the professional staff of the evaluation facility (in writing) that judicial review will be sought. No patient shall be transferred from the county providing evaluation services to a different county for intensive treatment if the staff of the evaluation facility has been informed in writing that a judicial review will be sought, until the completion of the judicial review. The person requesting to be released shall be informed of his or her right to counsel by the member of the treatment staff and by the court; and, if he or she so elects, the court shall immediately appoint the public defender or other attorney to assist him or her in preparation of a petition for the writ of habeas corpus and, if he or she so elects, to represent him or her in the proceedings. The person shall pay the costs of the legal service if he or she is able. Reasonable attempts shall be made by the mental health facility to notify family members or any other person designated by the patient, of the time and place of the judicial review, unless the patient requests that this information not be provided. The patient shall be advised by the facility that is treating the patient that he or she has the right to request that this information not be provided. The court shall either release the person or order an evidentiary hearing to be held within two judicial days after the petition is filed. If the court finds, (a) that the person requesting release is not, as a result of mental disorder or impairment by chronic alcoholism, a danger to others, or to himself or herself, or gravely disabled, (b) that he or she had not been advised of, or had accepted, voluntary treatment, or (c) that the facility providing intensive treatment is not equipped and staffed to provide treatment, or is not designated by the county to provide intensive treatment he or she shall be released immediately. (Amended by Stats. 1986, Ch. 872, Sec. 4.)
  55. 5276.1.

    ## 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 5. Judicial Review [5275 - 5278] ( Heading of Article 5 renumbered from Article 4 by Stats. 1968, Ch. 1374. )

    Verify source ↗

    A person requesting release may waive the presence of certain professionals at the evidentiary hearing, with counsel’s advice.

    ## 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 5. Judicial Review [5275 - 5278] ( Heading of Article 5 renumbered from Article 4 by Stats. 1968, Ch. 1374. ) ## 5276.1. The person requesting release may, upon advice of counsel, waive the presence at the evidentiary hearing of the physician, licensed psychologist who meets the requirements of the first paragraph of Section 5251, or other professional person who certified the petition under Section 5251 and of the physician, or licensed psychologist who meets the requirements of the second paragraph of Section 5251, providing intensive treatment. In the event of such a waiver, such physician, licensed psychologist, or other professional person shall not be required to be present at the hearing if it is stipulated that the certification and records of such physicians, licensed psychologists, or other professional persons concerning the mental condition and treatment of the person regarding release will be received in evidence. (Amended by Stats. 1980, Ch. 1206, Sec. 2.)
  56. 5276.2.

    ## 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 5. Judicial Review [5275 - 5278] ( Heading of Article 5 renumbered from Article 4 by Stats. 1968, Ch. 1374. )

    Verify source ↗

    If a request for judicial review is withdrawn, a certification review hearing must be held within four days, and Sections 5255 to 5256.8 apply.

    ## 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 5. Judicial Review [5275 - 5278] ( Heading of Article 5 renumbered from Article 4 by Stats. 1968, Ch. 1374. ) ## 5276.2. In the event that the person, or anyone acting on his or her behalf, withdraws the request for judicial review, a certification review hearing shall be held within four days of the withdrawal of the request, and the procedures in Sections 5255 to 5256.8, inclusive, shall be applicable. (Added by Stats. 1982, Ch. 1598, Sec. 6.)
  57. 5277.

    ## 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 5. Judicial Review [5275 - 5278] ( Heading of Article 5 renumbered from Article 4 by Stats. 1968, Ch. 1374. )

    Verify source ↗

    A finding under Section 5276 cannot be used as evidence in a civil or criminal proceeding unless the person subject to the finding consents.

    ## 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 5. Judicial Review [5275 - 5278] ( Heading of Article 5 renumbered from Article 4 by Stats. 1968, Ch. 1374. ) ## 5277. A finding under Section 5276 shall not be admissible in evidence in any civil or criminal proceeding without the consent of the person who was the subject of the finding. (Amended by Stats. 1969, Ch. 722.)
  58. 5278.

    ## 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 5. Judicial Review [5275 - 5278] ( Heading of Article 5 renumbered from Article 4 by Stats. 1968, Ch. 1374. )

    Verify source ↗

    People authorized under this part are not criminally or civilly liable for actions taken within that authority if they act according to 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 2. Involuntary Treatment [5150 - 5349.1] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 5. Judicial Review [5275 - 5278] ( Heading of Article 5 renumbered from Article 4 by Stats. 1968, Ch. 1374. ) ## 5278. Individuals authorized under this part to detain a person for 72-hour treatment and evaluation pursuant to Article 1 (commencing with Section 5150) or Article 2 (commencing with Section 5200), or to certify a person for intensive treatment pursuant to Article 4 (commencing with Section 5250) or Article 4.5 (commencing with Section 5260) or Article 4.7 (commencing with Section 5270.10) or to file a petition for post-certification treatment for a person pursuant to Article 6 (commencing with Section 5300) shall not be held either criminally or civilly liable for exercising this authority in accordance with the law. (Amended by Stats. 1988, Ch. 1517, Sec. 12.)
  59. 5300.

    ## 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 6. Postcertification Procedures for Imminently Dangerous Persons [5300 - 5309] ( Article 6 added by Stats. 1967, Ch. 1667. )

    Verify source ↗

    After the 14-day intensive treatment period, a person may be held for further treatment for up to 180 more days if the stated danger conditions are met. Licensed health facilities must provide treatment for the underlying causes of the person’s mental health disorder.

    ## 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 6. Postcertification Procedures for Imminently Dangerous Persons [5300 - 5309] ( Article 6 added by Stats. 1967, Ch. 1667. ) ## 5300. (a) At the expiration of the 14-day period of intensive treatment, a person may be confined for further treatment pursuant to the provisions of this article for an additional period, not to exceed 180 days if one of the following exists: (1) The person has attempted, inflicted, or made a serious threat of substantial physical harm upon the person of another after having been taken into custody, and while in custody, for evaluation and treatment, and who, as a result of a mental health disorder, presents a demonstrated danger of inflicting substantial physical harm upon others. (2) The person had attempted, or inflicted physical harm upon the person of another, that act having resulted in the person being taken into custody and who presents, as a result of a mental health disorder, a demonstrated danger of inflicting substantial physical harm upon others. (3) The person had made a serious threat of substantial physical harm upon the person of another within seven days of being taken into custody, that threat having at least in part resulted in the person being taken into custody, and the person presents, as a result of a mental health disorder, a demonstrated danger of inflicting substantial physical harm upon others. (b) A commitment to a licensed health facility under this article places an affirmative obligation on the facility to provide treatment for the underlying causes of the person’s mental health disorder. (c) Amenability to treatment is not required for a finding that a person is a person as described in paragraph (1), (2), or (3) of subdivision (a). Treatment programs need only be made available to these persons. Treatment does not mean that the treatment must be successful or potentially successful, and it does not mean that the person must recognize the person’s problem and willingly participate in the treatment program. (Amended by Stats. 2019, Ch. 9, Sec. 22. (AB 46) Effective January 1, 2020.)
  60. 5300.5.

    ## 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 6. Postcertification Procedures for Imminently Dangerous Persons [5300 - 5309] ( Article 6 added by Stats. 1967, Ch. 1667. )

    Verify source ↗

    This section defines “custody,” says a crime conviction is not required for commitment under this article, and explains how demonstrated danger may be assessed.

    ## 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 6. Postcertification Procedures for Imminently Dangerous Persons [5300 - 5309] ( Article 6 added by Stats. 1967, Ch. 1667. ) ## 5300.5. For purposes of this article: (a) “Custody” shall be construed to mean involuntary detainment under the provisions of this part uninterrupted by any period of unconditioned release from a licensed health facility providing involuntary care and treatment. (b) Conviction of a crime is not necessary for commitment under this article. (c) Demonstrated danger may be based on assessment of present mental condition, which is based upon a consideration of past behavior of the person within six years prior to the time the person attempted, inflicted, or threatened physical harm upon another, and other relevant evidence. (Amended by Stats. 1983, Ch. 754, Sec. 2.5.)
  61. 5301.

    ## 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 6. Postcertification Procedures for Imminently Dangerous Persons [5300 - 5309] ( Article 6 added by Stats. 1967, Ch. 1667. )

    Verify source ↗

    During the 14-day intensive treatment period, the facility’s responsible professional or designee may ask the required public officer to petition the superior court for up to 180 more days of treatment, and copies of the petition and supporting affidavits must be served the same day they are filed.

    ## 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 6. Postcertification Procedures for Imminently Dangerous Persons [5300 - 5309] ( Article 6 added by Stats. 1967, Ch. 1667. ) ## 5301. (a) At any time during the 14-day intensive treatment period the professional person in charge of the licensed health facility, or his or her designee, may ask the public officer required by Section 5114 to present evidence at proceedings under this article to petition the superior court in the county in which the licensed health facility providing treatment is located for an order requiring the person to undergo an additional period of treatment on the grounds set forth in Section 5300. This petition shall summarize the facts that support the contention that the person falls within the standard set forth in Section 5300. The petition shall be supported by affidavits describing in detail the behavior that indicates that the person falls within the standard set forth in Section 5300. (b) Copies of the petition for postcertification treatment and the affidavits in support thereof shall be served upon the person named in the petition on the same day as they are filed with the clerk of the superior court. (c) The petition shall be in the following form: ## Petition for Postcertification Treatment of a Dangerous Person I, ____, (the professional person in charge of the ____ intensive treatment facility) (the designee of ____ the professional person in charge of the ____, treatment facility) in which ____ has been under treatment pursuant to the certification by ____ and ____, hereby petition the court for an order requiring ____ to undergo an additional period of treatment, not to exceed 180 days, pursuant to the provisions of Article 6 (commencing with Section 5300) of Chapter 2 of Part 1 of Division 5 of the Welfare and Institutions Code. This petition is based upon my allegation that (a) ____ has attempted, inflicted, or made a serious threat of substantial physical harm upon the person of another after having been taken into custody, and while in custody, for evaluation, and that, by reason of mental health disorder, presents a demonstrated danger of inflicting substantial physical harm upon others, or that (b) ____ had attempted or inflicted physical harm upon the person of another, that act having resulted in his or her being taken into custody, and that he or she presents, as a result of mental health disorder, a demonstrated danger of inflicting substantial physical harm upon others, or that (c) ____ had made a serious threat of substantial physical harm upon the person of another within seven days of being taken into custody, that threat having at least in part resulted in his or her being taken into custody, and that he or she presents, as a result of mental health disorder, a demonstrated danger of inflicting substantial physical harm upon others. My allegation is based upon the following facts: This allegation is supported by the accompanying affidavits signed by ____________. Signed (d) The courts may receive the affidavits in evidence and may allow the affidavits to be read to the jury and the contents thereof considered in rendering a verdict, unless counsel for the person named in the petition subpoenas the treating professional person. If the treating professional person is subpoenaed to testify, the public officer, pursuant to Section 5114, shall be entitled to a continuance of the hearing or trial. (Amended by Stats. 2014, Ch. 144, Sec. 90. (AB 1847) Effective January 1, 2015.)
  62. 5302.

    ## 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 6. Postcertification Procedures for Imminently Dangerous Persons [5300 - 5309] ( Article 6 added by Stats. 1967, Ch. 1667. )

    Verify source ↗

    When a petition for postcertification treatment is filed, the court must tell the named person about the right to a lawyer and a jury trial.

    ## 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 6. Postcertification Procedures for Imminently Dangerous Persons [5300 - 5309] ( Article 6 added by Stats. 1967, Ch. 1667. ) ## 5302. At the time of filing of a petition for postcertification treatment the court shall advise the person named in the petition of his right to be represented by an attorney and of his right to demand a jury trial. The court shall assist him in finding an attorney, or, if need be, appoint an attorney if the person is unable to obtain counsel. The court shall appoint the public defender or other attorney to represent the person named in the petition if the person is financially unable to provide his own attorney. The attorney shall advise the person of his rights in relation to the proceeding and shall represent him before the court. (Amended by Stats. 1970, Ch. 1627.)
  63. 5303.

    ## 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 6. Postcertification Procedures for Imminently Dangerous Persons [5300 - 5309] ( Article 6 added by Stats. 1967, Ch. 1667. )

    Verify source ↗

    This section sets deadlines and procedures for postcertification treatment proceedings, including a court deadline, a possible jury trial timeline, and a 30-day release rule if no decision is made.

    ## 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 6. Postcertification Procedures for Imminently Dangerous Persons [5300 - 5309] ( Article 6 added by Stats. 1967, Ch. 1667. ) ## 5303. The court shall conduct the proceedings on the petition for postcertification treatment within four judicial days of the filing of the petition and in accordance with constitutional guarantees of due process of law and the procedures required under Section 13 of Article 1 of the Constitution of the State of California. If at the time of the hearing the person named in the petition requests a jury trial, such trial shall commence within 10 judicial days of the filing of the petition for postcertification treatment unless the person’s attorney requests a continuance, which may be for a maximum of 10 additional judicial days. The decison of the jury must be unanimous in order to support the finding of facts required by Section 5304. Until a final decision on the merits by the trial court the person named in the petition shall continue to be treated in the intensive treatment facility until released by order of the superior court having jurisdiction over the action, or unless the petition for postcertification treatment is withdrawn. If no decision has been made within 30 days after the filing of the petition, not including extensions of time requested by the person’s attorney, the person shall be released. (Amended by Stats. 1968, Ch. 1374.)
  64. 5303.1.

    ## 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 6. Postcertification Procedures for Imminently Dangerous Persons [5300 - 5309] ( Article 6 added by Stats. 1967, Ch. 1667. )

    Verify source ↗

    A judge may appoint a forensic psychiatrist or psychologist for the hearing or jury trial, and if appointed, that expert must examine the person and testify. The person named in the petition can waive the attendance of certain other treatment professionals in specified circumstances.

    ## 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 6. Postcertification Procedures for Imminently Dangerous Persons [5300 - 5309] ( Article 6 added by Stats. 1967, Ch. 1667. ) ## 5303.1. For the purposes of any hearing or jury trial held pursuant to this article, the judge of the court in which such hearing or trial is held may appoint a psychiatrist or psychologist with forensic skills. Such psychiatrist or psychologist shall personally examine the person named in the petition. Such a forensic psychiatrist or psychologist shall testify at the hearing or jury trial concerning the mental condition of the person named in the petition and the threat of substantial physical harm to other beings such person presents, and neither the professional person or his designee who petitioned for the additional period of treatment nor of the physicians providing intensive treatment shall be required, unless the person named in the petition chooses to subpoena such persons, to be present at the hearing or jury trial. If a psychiatrist or psychologist with forensic skills is not appointed pursuant to this section the person named in the petition may, upon advice of counsel, waive the presence at the hearing or at the jury trial of the professional person or his designee who petitioned for the additional period of treatment and the physicians providing intensive treatment. In the event of such waiver, such professional person, his designee, or other physicians shall not be required to be present at the hearing if it is stipulated that the certification, supporting affidavit and records of such physicians concerning the mental condition of the person named in the petition will be received in evidence. (Amended by Stats. 1975, Ch. 960.)
  65. 5304.

    ## 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 6. Postcertification Procedures for Imminently Dangerous Persons [5300 - 5309] ( Article 6 added by Stats. 1967, Ch. 1667. )

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    A court must remand a qualifying person for up to 180 days of intensive treatment, and the person must be released when that period ends unless a new petition is filed.

    ## 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 6. Postcertification Procedures for Imminently Dangerous Persons [5300 - 5309] ( Article 6 added by Stats. 1967, Ch. 1667. ) ## 5304. (a) The court shall remand a person named in the petition for postcertification treatment to the custody of the State Department of State Hospitals or to a licensed health facility designated by the county of residence of that person for a further period of intensive treatment, not to exceed 180 days from the date of court judgment, if the court or jury finds that the person named in the petition for postcertification treatment has done any of the following: (1) Attempted, inflicted, or made a serious threat of substantial physical harm upon the person of another after having been taken into custody, and while in custody, for evaluation and treatment, and who, as a result of mental health disorder, presents a demonstrated danger of inflicting substantial physical harm upon others. (2) Attempted or inflicted physical harm upon the person of another, that act having resulted in his or her being taken into custody, and who, as a result of mental health disorder, presents a demonstrated danger of inflicting substantial physical harm upon others. (3) Expressed a serious threat of substantial physical harm upon the person of another within seven days of being taken into custody, that threat having at least in part resulted in his or her being taken into custody, and who presents, as a result of mental health disorder, a demonstrated danger of inflicting substantial physical harm upon others. (b) The person shall be released from involuntary treatment at the expiration of 180 days unless the public officer, pursuant to Section 5114, files a new petition for postcertification treatment on the grounds that he or she has attempted, inflicted, or made a serious threat of substantial physical harm upon another during his or her period of postcertification treatment, and he or she is a person who by reason of mental health disorder, presents a demonstrated danger of inflicting substantial physical harm upon others. The new petition for postcertification treatment shall be filed in the superior court in which the original petition for postcertification was filed. (c) The county from which the person was remanded shall bear any transportation costs incurred pursuant to this section. (Amended by Stats. 2014, Ch. 144, Sec. 91. (AB 1847) Effective January 1, 2015.)
  66. 5305.

    ## 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 6. Postcertification Procedures for Imminently Dangerous Persons [5300 - 5309] ( Article 6 added by Stats. 1967, Ch. 1667. )

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    People committed under Section 5300 may be moved to outpatient status if required clinical and county director 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 6. Postcertification Procedures for Imminently Dangerous Persons [5300 - 5309] ( Article 6 added by Stats. 1967, Ch. 1667. ) ## 5305. (a) Any person committed pursuant to Section 5300 may be placed on outpatient status if all of the following conditions are satisfied: (1) In the evaluation of the superintendent or professional person in charge of the licensed health facility, the person named in the petition will no longer be a danger to the health and safety of others while on outpatient status and will benefit from outpatient status. (2) The county behavioral health director advises the court that the person named in the petition will benefit from outpatient status and identifies an appropriate program of supervision and treatment. (b) After actual notice to the public officer, pursuant to Section 5114, and to counsel of the person named in the petition, to the court and to the county behavioral health director, the plan for outpatient treatment shall become effective within five judicial days unless a court hearing on that action is requested by any of the aforementioned parties, in which case the release on outpatient status shall not take effect until approved by the court after a hearing. This hearing shall be held within five judicial days of the actual notice required by this subdivision. (c) The county behavioral health director shall be the outpatient supervisor of persons placed on outpatient status under this section. The county behavioral health director may delegate outpatient supervision responsibility to a designee. (d) The outpatient treatment supervisor shall, when the person is placed on outpatient status at least three months, submit at 90-day intervals to the court, the public officer, pursuant to Section 5114, and counsel of the person named in the petition and to the supervisor or professional person in charge of the licensed health facility, when appropriate, a report setting forth the status and progress of the person named in the petition. Notwithstanding the length of the outpatient status, a final report shall be submitted by the outpatient treatment supervisor at the conclusion of the 180-day commitment setting forth the status and progress of the person. (Amended by Stats. 2015, Ch. 455, Sec. 22. (SB 804) Effective January 1, 2016.)
  67. 5306.

    ## 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 6. Postcertification Procedures for Imminently Dangerous Persons [5300 - 5309] ( Article 6 added by Stats. 1967, Ch. 1667. )

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    Certain hospital and treatment officials are exempt from civil or criminal liability for actions by a person released under this article, 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 6. Postcertification Procedures for Imminently Dangerous Persons [5300 - 5309] ( Article 6 added by Stats. 1967, Ch. 1667. ) ## 5306. (a) Notwithstanding Section 5113, if the provisions of Section 5309 have been met, the superintendent, the professional person in charge of the hospital providing 90-day involuntary treatment, the medical director of the facility or his or her designee described in subdivision (a) of Section 5309, 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 a 90-day period pursuant to this article. (b) The superintendent, the professional person in charge of the hospital providing 90-day involuntary treatment, the medical director of the facility or his or her designee described in subdivision (a) of Section 5309, 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 a 90-day period pursuant to this article. (Amended by Stats. 1985, Ch. 1288, Sec. 11. Effective September 30, 1985.)
  68. 5306.5.

    ## 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 6. Postcertification Procedures for Imminently Dangerous Persons [5300 - 5309] ( Article 6 added by Stats. 1967, Ch. 1667. )

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    If outpatient treatment may need to be ended or changed to inpatient care, the county behavioral health director must notify the superior court in writing and send copies to specified people. The court must hold a hearing within 15 judicial days and, if it approves revocation, order confinement in an approved 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 6. Postcertification Procedures for Imminently Dangerous Persons [5300 - 5309] ( Article 6 added by Stats. 1967, Ch. 1667. ) ## 5306.5. (a) If at any time during the outpatient period, the outpatient treatment supervisor is of the opinion that the person receiving treatment requires extended inpatient treatment or refuses to accept further outpatient treatment and supervision, the county behavioral health director shall notify the superior court in either the county that approved outpatient status or in the county where outpatient treatment is being provided of that opinion by means of a written request for revocation of outpatient status. The county behavioral health director shall furnish a copy of this request to the counsel of the person named in the request for revocation and to the public officer, pursuant to Section 5114, in both counties if the request is made in the county of treatment, rather than the county of commitment. (b) Within 15 judicial days, the court where the request was filed shall hold a hearing and shall either approve or disapprove the request for revocation of outpatient status. If the court approves the request for revocation, the court shall order that the person be confined in a state hospital or other treatment facility approved by the county behavioral health director. The court shall transmit a copy of its order to the county behavioral health director or a designee and to the Director of State Hospitals. When the county of treatment and the county of commitment differ and revocation occurs in the county of treatment, the court shall enter the name of the committing county and its case number on the order of revocation and shall send a copy of the order to the committing court and the public officer, pursuant to Section 5114, and counsel of the person named in the request for revocation in the county of commitment. (Amended by Stats. 2015, Ch. 455, Sec. 23. (SB 804) Effective January 1, 2016.)
  69. 5307.

    ## 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 6. Postcertification Procedures for Imminently Dangerous Persons [5300 - 5309] ( Article 6 added by Stats. 1967, Ch. 1667. )

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    If a public officer believes an outpatient person is dangerous, the officer may ask the court for a hearing; the court must schedule it quickly, notify the listed people, may issue a body attachment if the person does not appear, and must order confinement if danger is found.

    ## 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 6. Postcertification Procedures for Imminently Dangerous Persons [5300 - 5309] ( Article 6 added by Stats. 1967, Ch. 1667. ) ## 5307. If at any time during the outpatient period the public officer, pursuant to Section 5114, is of the opinion that the person is a danger to the health and safety of others while on outpatient status, the public officer, pursuant to Section 5114, may petition the court for a hearing to determine whether the person shall be continued on outpatient status. Upon receipt of the petition, the court shall calendar the case for further proceedings within 15 judicial days and the clerk shall notify the person, the county behavioral health director, and the attorney of record for the person of the hearing date. Upon failure of the person to appear as noticed, if a proper affidavit of service and advisement has been filed with the court, the court may issue a body attachment for that person. If, after a hearing in court the judge determines that the person is a danger to the health and safety of others, the court shall order that the person be confined in a state hospital or other treatment facility that has been approved by the county behavioral health director. (Amended by Stats. 2015, Ch. 455, Sec. 24. (SB 804) Effective January 1, 2016.)
  70. 5308.

    ## 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 6. Postcertification Procedures for Imminently Dangerous Persons [5300 - 5309] ( Article 6 added by Stats. 1967, Ch. 1667. )

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    If outpatient revocation is requested, the county behavioral health director may confine the person temporarily if specified danger findings are made, and a peace officer must help transport the person on request.

    ## 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 6. Postcertification Procedures for Imminently Dangerous Persons [5300 - 5309] ( Article 6 added by Stats. 1967, Ch. 1667. ) ## 5308. Upon the filing of a request for revocation of outpatient status under Section 5306.5 or 5307 and pending the court’s decision on revocation, the person subject to revocation may be confined in a state hospital or other treatment facility by the county behavioral health director when it is the opinion of that director that the person will now be a danger to self or to another while on outpatient status and that to delay hospitalization until the revocation hearing would pose a demonstrated danger of harm to the person or to another. Upon the request of the county behavioral health director or a designee, a peace officer shall take, or cause to be taken, the person into custody and transport the person to a treatment facility for hospitalization under this section. The county behavioral health director shall notify the court in writing of the admission of the person to inpatient status and of the factual basis for the opinion that immediate return to inpatient treatment was necessary. The court shall supply a copy of these documents to the public officer, pursuant to Section 5114, and counsel of the person subject to revocation. A person hospitalized under this section shall have the right to judicial review of the detention in the manner prescribed in Article 5 (commencing with Section 5275) of Chapter 2 and to an explanation of rights in the manner prescribed in Section 5252.1. Nothing in this section shall prevent hospitalization pursuant to the provisions of Section 5150, 5250, 5350, or 5353. A person whose confinement in a treatment facility under Section 5306.5 or 5307 is approved by the court shall not be released again to outpatient status unless court approval is obtained under Section 5305. (Amended by Stats. 2015, Ch. 455, Sec. 25. (SB 804) Effective January 1, 2016.)
  71. 5309.

    ## 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 6. Postcertification Procedures for Imminently Dangerous Persons [5300 - 5309] ( Article 6 added by Stats. 1967, Ch. 1667. )

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    This section lets hospital officials release an involuntarily treated person before the commitment period ends if the responsible psychiatrist believes the person no longer poses a demonstrated danger of substantial physical harm to others.

    ## 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 6. Postcertification Procedures for Imminently Dangerous Persons [5300 - 5309] ( Article 6 added by Stats. 1967, Ch. 1667. ) ## 5309. (a) Nothing in this article shall prohibit the superintendent or professional person in charge of the hospital in which the person is being involuntarily treated from releasing him or her from treatment prior to the expiration of the commitment period when, the psychiatrist directly responsible for the person’s treatment believes, as a result of his or her personal observations, that the person being involuntarily treated no longer constitutes a demonstrated danger of substantial physical harm to others. If any other professional person who is authorized to release the person, believes the person should be released prior to the expiration of the commitment period, 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 prior to the expiration of the commitment period only if the psychiatrist making the final decision believes, as a result of his or her personal observations, that the person being involuntarily treated no longer constitutes a demonstrated danger of substantial physical harm to others. (b) After actual notice to the public officer, pursuant to Section 5114, and to counsel of the person named in the petition, to the court, and to the county mental health director, the plan for unconditional release shall become effective within five judicial days unless a court hearing on that action is requested by any of the aforementioned parties, in which case the unconditional release shall not take effect until approved by the court after a hearing. This hearing shall be held within five judicial days of the actual notice required by this subdivision. (Amended by Stats. 1985, Ch. 1288, Sec. 12. Effective September 30, 1985.)
  72. 5325.

    ## 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 7. Legal and Civil Rights of Persons Involuntarily Detained [5325 - 5337] ( Article 7 added by Stats. 1967, Ch. 1667. )

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    Covered patients have listed rights in psychiatric facilities and state hospitals, including clothing, possessions, visitors, phone and mail access, and refusal of certain treatments.

    ## 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 7. Legal and Civil Rights of Persons Involuntarily Detained [5325 - 5337] ( Article 7 added by Stats. 1967, Ch. 1667. ) ## 5325. Each person involuntarily detained for evaluation or treatment under provisions of this part, and each person admitted as a voluntary patient for psychiatric evaluation or treatment to any health facility, as defined in Section 1250 of the Health and Safety Code, in which psychiatric evaluation or treatment is offered, shall have the following rights, a list of which shall be prominently posted in the predominant languages of the community and explained in a language or modality accessible to the patient in all facilities providing those services, and otherwise brought to his or her attention by any additional means as the Director of Health Care Services may designate by regulation. Each person committed to a state hospital shall also have the following rights, a list of which shall be prominently posted in the predominant languages of the community and explained in a language or modality accessible to the patient in all facilities providing those services and otherwise brought to his or her attention by any additional means as the Director of State Hospitals may designate by regulation: (a) To wear his or her own clothes; to keep and use his or her own personal possessions including his or her toilet articles; and to keep and be allowed to spend a reasonable sum of his or her own money for canteen expenses and small purchases. (b) To have access to individual storage space for his or her private use. (c) To see visitors each day. (d) To have reasonable access to telephones, both to make and receive confidential calls or to have such calls made for them. (e) To have ready access to letterwriting materials, including stamps, and to mail and receive unopened correspondence. (f) To refuse convulsive treatment including, but not limited to, any electroconvulsive treatment, any treatment of the mental condition which depends on the induction of a convulsion by any means, and insulin coma treatment. (g) To refuse psychosurgery. Psychosurgery is defined as those operations currently referred to as lobotomy, psychiatric surgery, and behavioral surgery, and all other forms of brain surgery if the surgery is performed for the purpose of any of the following: (1) Modification or control of thoughts, feelings, actions, or behavior rather than the treatment of a known and diagnosed physical disease of the brain. (2) Modification of normal brain function or normal brain tissue in order to control thoughts, feelings, actions, or behavior. (3) Treatment of abnormal brain function or abnormal brain tissue in order to modify thoughts, feelings, actions or behavior when the abnormality is not an established cause for those thoughts, feelings, actions, or behavior. Psychosurgery does not include prefrontal sonic treatment wherein there is no destruction of brain tissue. The Director of Health Care Services and the Director of State Hospitals shall promulgate appropriate regulations to assure adequate protection of patients’ rights in such treatment. (h) To see and receive the services of a patient advocate who has no direct or indirect clinical or administrative responsibility for the person receiving mental health services. (i) Other rights, as specified by regulation. Each patient shall also be given notification in a language or modality accessible to the patient of other constitutional and statutory rights which are found by the State Department of Health Care Services and the State Department of State Hospitals to be frequently misunderstood, ignored, or denied. Upon admission to a facility each patient, involuntarily detained for evaluation or treatment under provisions of this part, or as a voluntary patient for psychiatric evaluation or treatment to a health facility, as defined in Section 1250 of the Health and Safety Code, in which psychiatric evaluation or treatment is offered, shall immediately be given a copy of a State Department of Health Care Services prepared patients’ rights handbook. Each person committed to a state hospital, upon admission, shall immediately be given a copy of a State Department of State Hospitals prepared patients’ rights handbook. The State Department of Health Care Services and the State Department of State Hospitals shall prepare and provide the forms specified in this section. The State Department of Health Care Services shall prepare and provide the forms specified in Section 5157. The rights specified in this section may not be waived by the person’s parent, guardian, or conservator. (Amended by Stats. 2012, Ch. 34, Sec. 85. (SB 1009) Effective June 27, 2012.)
  73. 5325.1.

    ## 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 7. Legal and Civil Rights of Persons Involuntarily Detained [5325 - 5337] ( Article 7 added by Stats. 1967, Ch. 1667. )

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    People with mental illness keep the same legal rights as other people, and they cannot be excluded from or discriminated against in public-funded programs because of involuntary detention or voluntary admission for psychiatric 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 2. Involuntary Treatment [5150 - 5349.1] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 7. Legal and Civil Rights of Persons Involuntarily Detained [5325 - 5337] ( Article 7 added by Stats. 1967, Ch. 1667. ) ## 5325.1. Persons with mental illness have the same legal rights and responsibilities guaranteed all other persons by the Federal Constitution and laws and the Constitution and laws of the State of California, unless specifically limited by federal or state law or regulations. No otherwise qualified person by reason of having been involuntarily detained for evaluation or treatment under provisions of this part or having been admitted as a voluntary patient to any health facility, as defined in Section 1250 of the Health and Safety Code, in which psychiatric evaluation or treatment is offered shall be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity, which receives public funds. It is the intent of the legislature that persons with mental illness shall have rights including, but not limited to, the following: (a) A right to treatment services which promote the potential of the person to function independently. Treatment should be provided in ways that are least restrictive of the personal liberty of the individual. (b) A right to dignity, privacy, and humane care. (c) A right to be free from harm, including unnecessary or excessive physical restraint, isolation, medication, abuse, or neglect. Medication shall not be used as punishment, for the convenience of staff, as a substitute for program, or in quantities that interfere with the treatment program. (d) A right to prompt medical care and treatment. (e) A right to religious freedom and practice. (f) A right to participate in appropriate programs of publicly supported education. (g) A right to social interaction and participation in community activities. (h) A right to physical exercise and recreational opportunities. (i) A right to be free from hazardous procedures. (Added by Stats. 1978, Ch. 1320.)
  74. 5325.2.

    ## 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 7. Legal and Civil Rights of Persons Involuntarily Detained [5325 - 5337] ( Article 7 added by Stats. 1967, Ch. 1667. )

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    People detained under listed sections have a right to refuse antipsychotic medication treatment, subject to this chapter.

    ## 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 7. Legal and Civil Rights of Persons Involuntarily Detained [5325 - 5337] ( Article 7 added by Stats. 1967, Ch. 1667. ) ## 5325.2. Any person who is subject to detention pursuant to Section 5150, 5250, 5260, 5270.15, or 5270.70 shall have the right to refuse treatment with antipsychotic medication subject to provisions set forth in this chapter. (Amended by Stats. 2024, Ch. 643, Sec. 1. (SB 1184) Effective January 1, 2025.)
  75. 5325.3.

    ## 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 7. Legal and Civil Rights of Persons Involuntarily Detained [5325 - 5337] ( Article 7 added by Stats. 1967, Ch. 1667. )

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    Some facilities do not need a patient’s signature to give antipsychotic medications to a consenting voluntary patient in the covered settings, but they must keep written consent records.

    ## 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 7. Legal and Civil Rights of Persons Involuntarily Detained [5325 - 5337] ( Article 7 added by Stats. 1967, Ch. 1667. ) ## 5325.3. (a) For purposes of administering antipsychotic medications to a person admitted as a voluntary patient, as described in Section 850 of Title 9 of the California Code of Regulations, or any successor regulation, who consents to receiving those medications, as part of specialty mental health services covered under Medi-Cal or as part of community mental health services, a health facility, or a facility that has a community residential treatment program pursuant to Article 1 (commencing with Section 5670) of Chapter 2.5 of Part 2, shall not be required to obtain the signature of that patient. (b) For a patient described in subdivision (a), the facility shall maintain a written record containing both of the following: (1) A notation that the information about informed consent to antipsychotic medications as described in subdivisions (a) to (f), inclusive, of Section 851 of Title 9 of the California Code of Regulations, or any successor regulations, has been discussed with the patient by the prescribing physician. (2) A notation that the patient understands the nature and effect of the antipsychotic medications and consents to the administration of those medications. (c) For purposes of this section, “health facility” has the same meaning as set forth in Section 1250 of the Health and Safety Code, except for subdivisions (c), (d), (e), (g), (h), (k), and (m) of that section. (d) (1) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the State Department of Health Care Services may implement, interpret, or make specific this section, in whole or in part, by means of information notices or other similar instructions, without taking any further regulatory action. The notice or other similar instruction shall supersede Section 852 of Title 9 of the California Code of Regulations. (2) The department may amend, adopt, or repeal regulations for purposes of implementing this section in accordance with the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (Added by Stats. 2022, Ch. 47, Sec. 58. (SB 184) Effective June 30, 2022.)
  76. 5325.4.

    ## 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 7. Legal and Civil Rights of Persons Involuntarily Detained [5325 - 5337] ( Article 7 added by Stats. 1967, Ch. 1667. )

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    If someone is involuntarily detained, the facility must give a patients’ rights handbook to certain family members, and also give a copy to the detained person if the handbook was given to a family member.

    ## 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 7. Legal and Civil Rights of Persons Involuntarily Detained [5325 - 5337] ( Article 7 added by Stats. 1967, Ch. 1667. ) ## 5325.4. (a) If a person is involuntarily detained for assessment, evaluation, or treatment under this part, the facility to which the person is brought shall offer and provide a copy of the State Department of Health Care Services’ prepared patients’ rights handbook to a family member of the detained person under any of the following circumstances: (1) The person authorizes the disclosure of their detainment information pursuant to Section 5328.1. (2) The family member is physically present at the facility where the person is involuntarily detained and has knowledge that the individual is involuntarily detained there. (3) The family member has been notified of the person’s presence in the facility pursuant to Section 5328.1. (4) The person has consented to the family member being provided the handbook. (b) (1) The handbook may be provided to a family member in a printed or digital copy. (2) The facility may also provide a referral to the Patients’ Rights Advocacy Directory internet website or another local, state, or national organization with related expertise. (c) If the handbook is provided to a family member pursuant to subdivision (a), then the facility where the person is involuntarily detained for assessment shall also offer and provide a printed or digital copy of the handbook to the person. (d) For purposes of this section, “family member” means any of the following: (1) The spouse or domestic partner of the person. (2) An adult child of the person. (3) A parent or legal guardian of the person. (4) A grandparent of the person. (5) An adult sibling of the person. (6) An adult grandchild of the person. (7) An adult relative or close personal friend who has demonstrated special care and concern for the person and is familiar with the person’s personal values and beliefs to the extent known. (e) This section does not authorize the disclosure of patient information that is protected under the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) (Public Law 104-191), the Confidentiality of Medical Information Act (Part 2.6 (commencing with Section 56) of Division 1 of the Civil Code), or the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000)). (Added by Stats. 2024, Ch. 635, Sec. 1. (AB 2154) Effective January 1, 2025.)
  77. 5326.

    ## 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 7. Legal and Civil Rights of Persons Involuntarily Detained [5325 - 5337] ( Article 7 added by Stats. 1967, Ch. 1667. )

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    A facility or state hospital leader, or a designee, may deny a person’s Section 5325 rights for good cause, with listed exceptions, and the denial must be recorded in the treatment record.

    ## 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 7. Legal and Civil Rights of Persons Involuntarily Detained [5325 - 5337] ( Article 7 added by Stats. 1967, Ch. 1667. ) ## 5326. The professional person in charge of the facility or state hospital or his or her designee may, for good cause, deny a person any of the rights under Section 5325, except under subdivisions (g) and (h) and the rights under subdivision (f) may be denied only under the conditions specified in Section 5326.7. To ensure that these rights are denied only for good cause, the Director of Health Care Services and Director of State Hospitals shall adopt regulations specifying the conditions under which they may be denied. Denial of a person’s rights shall in all cases be entered into the person’s treatment record. (Amended by Stats. 2012, Ch. 34, Sec. 86. (SB 1009) Effective June 27, 2012.)
  78. 5326.1.

    ## 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 7. Legal and Civil Rights of Persons Involuntarily Detained [5325 - 5337] ( Article 7 added by Stats. 1967, Ch. 1667. )

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    Local mental health directors must send quarterly reports to the Director of Health Care Services about denied rights, and certain report information must be available on request.

    ## 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 7. Legal and Civil Rights of Persons Involuntarily Detained [5325 - 5337] ( Article 7 added by Stats. 1967, Ch. 1667. ) ## 5326.1. Quarterly, each local mental health director shall furnish to the Director of Health Care Services, the facility reports of the number of persons whose rights were denied and the right or rights which were denied. The content of the reports from facilities shall enable the local mental health director and Director of Health Care Services to identify individual treatment records, if necessary, for further analysis and investigation. These quarterly reports, except for the identity of the person whose rights are denied, shall be available, upon request, to Members of the State Legislature, or a member of a county board of supervisors. Notwithstanding any other provision of law, information pertaining to denial of rights contained in the person’s treatment record shall be made available, on request, to the person, his or her attorney, his or her conservator or guardian, the local mental health director, or his or her designee, or the Patients’ Rights program of the State Department of Health Care Services. The information may include consent forms, required documentation for convulsive treatment, documentation regarding the use of restraints and seclusion, physician’s orders, nursing notes, and involuntary detention and conservatorship papers. The information, except for the identity of the person whose rights are denied, shall be made available to the Members of the State Legislature or a member of a county board of supervisors. (Amended by Stats. 2012, Ch. 34, Sec. 87. (SB 1009) Effective June 27, 2012.)
  79. 5326.15.

    ## 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 7. Legal and Civil Rights of Persons Involuntarily Detained [5325 - 5337] ( Article 7 added by Stats. 1967, Ch. 1667. )

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    Certain doctors, facilities, and the State Department of State Hospitals must make quarterly reports about convulsive treatments or psychosurgery, and the Director of Health Care Services must forward violation-related records to the Medical Board of California.

    ## 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 7. Legal and Civil Rights of Persons Involuntarily Detained [5325 - 5337] ( Article 7 added by Stats. 1967, Ch. 1667. ) ## 5326.15. (a) Quarterly, any doctor or facility which administers convulsive treatments or psychosurgery, shall report to the local mental health director, who shall transmit a copy to the Director of Health Care Services, the number of persons who received such treatments wherever administered, in each of the following categories: (1) Involuntary patients who gave informed consent. (2) Involuntary patients who were deemed incapable of giving informed consent and received convulsive treatment against their will. (3) Voluntary patients who gave informed consent. (4) Voluntary patients deemed incapable of giving consent. (b) Quarterly, the State Department of State Hospitals shall report to the Director of Health Care Services the number of persons who received such treatments wherever administered, in each of the following categories: (1) Involuntary patients who gave informed consent. (2) Involuntary patients who were deemed incapable of giving informed consent and received convulsive treatment against their will. (3) Voluntary patients who gave informed consent. (4) Voluntary patients deemed incapable of giving consent. (c) Quarterly, the Director of Health Care Services shall forward to the Medical Board of California any records or information received from these reports indicating violation of the law, and the regulations which have been adopted thereto. (Amended by Stats. 2012, Ch. 34, Sec. 88. (SB 1009) Effective June 27, 2012.)
  80. 5326.2.

    ## 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 7. Legal and Civil Rights of Persons Involuntarily Detained [5325 - 5337] ( Article 7 added by Stats. 1967, Ch. 1667. )

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    To count as voluntary informed consent, the patient must be given clear, explicit information about the treatment, its risks, alternatives, and expected effects. The patient also has the right to accept or refuse treatment and to revoke consent before or between treatments.

    ## 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 7. Legal and Civil Rights of Persons Involuntarily Detained [5325 - 5337] ( Article 7 added by Stats. 1967, Ch. 1667. ) ## 5326.2. To constitute voluntary informed consent, the following information shall be given to the patient in a clear and explicit manner: (a) The reason for treatment, that is, the nature and seriousness of the patient’s illness, disorder, or condition. (b) The nature of the procedures to be used in the proposed treatment, including its probable frequency and duration. (c) The probable degree and duration (temporary or permanent) of improvement or remission, expected with or without such treatment. (d) The nature, degree, duration, and the probability of the side effects and significant risks, commonly known by the medical profession, of such treatment, including its adjuvants, especially noting the degree and duration of memory loss (including its irreversibility) and how and to what extent they may be controlled, if at all. (e) That there exists a division of opinion as to the efficacy of the proposed treatment, why and how it works and its commonly known risks and side effects. (f) The reasonable alternative treatments, and why the physician is recommending this particular treatment. (g) That the patient has the right to accept or refuse the proposed treatment, and that if the patient consents, the patient has the right to revoke their consent for any reason, at any time prior to or between treatments. (Amended by Stats. 2024, Ch. 948, Sec. 14. (AB 2119) Effective January 1, 2025.)
  81. 5326.3.

    ## 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 7. Legal and Civil Rights of Persons Involuntarily Detained [5325 - 5337] ( Article 7 added by Stats. 1967, Ch. 1667. )

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    Two state departments must issue a standard written consent form, and the treating physician must use that form and add patient-specific details in writing.

    ## 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 7. Legal and Civil Rights of Persons Involuntarily Detained [5325 - 5337] ( Article 7 added by Stats. 1967, Ch. 1667. ) ## 5326.3. The State Department of Health Care Services and State Department of State Hospitals shall promulgate a standard written consent form, setting forth clearly and in detail the matters listed in Section 5326.2, and any further information with respect to each item as deemed generally appropriate to all patients. The treating physician shall utilize the standard written consent form and in writing supplement it with those details which pertain to the particular patient being treated. (Amended by Stats. 2012, Ch. 34, Sec. 89. (SB 1009) Effective June 27, 2012.)
  82. 5326.4.

    ## 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 7. Legal and Civil Rights of Persons Involuntarily Detained [5325 - 5337] ( Article 7 added by Stats. 1967, Ch. 1667. )

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    The treating physician must give the patient the supplemented consent form, explain it clearly and in detail, obtain the patient’s execution of it, and record the execution and explanation in the treatment record.

    ## 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 7. Legal and Civil Rights of Persons Involuntarily Detained [5325 - 5337] ( Article 7 added by Stats. 1967, Ch. 1667. ) ## 5326.4. The treating physician shall then present to the patient the supplemented form specified under Section 5326.3 and orally, clearly, and in detail explain all of the above information to the patient. The treating physician shall then administer the execution by the patient of the total supplemented written consent form, which shall be dated and witnessed. The fact of the execution of such written consent form and of the oral explanation shall be entered into the patient’s treatment record, as shall be a copy of the consent form itself. Should entry of such latter information into the patient’s treatment record be deemed by any court an unlawful invasion of privacy, then such consent form shall be maintained in a confidential manner and place. The consent form shall be available to the person, and to his or her attorney, guardian, and conservator and, if the patient consents, to a responsible relative of the patient’s choosing. (Amended by Stats. 1976, Ch. 1109.)
  83. 5326.5.

    ## 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 7. Legal and Civil Rights of Persons Involuntarily Detained [5325 - 5337] ( Article 7 added by Stats. 1967, Ch. 1667. )

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    This section defines written informed consent and limits how a physician may seek it. A physician may encourage the proposed treatment, but may not use rewards, threats, inducement, or coercion; benefits cannot be denied just because treatment is refused; and written informed consent must wait until 24 hours after the Section 5326.2 information is given.

    ## 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 7. Legal and Civil Rights of Persons Involuntarily Detained [5325 - 5337] ( Article 7 added by Stats. 1967, Ch. 1667. ) ## 5326.5. (a) For purposes of this chapter, “written informed consent” means that a person knowingly and intelligently, without duress or coercion, clearly and explicitly manifests consent to the proposed therapy to the treating physician and in writing on the standard consent form prescribed in Section 5326.4. (b) The physician may urge the proposed treatment as the best one, but may not use, in an effort to gain consent, any reward or threat, express or implied, nor any other form of inducement or coercion, including, but not limited to, placing the patient in a more restricted setting, transfer of the patient to another facility, or loss of the patient’s hospital privileges. Nothing in this subdivision shall be construed as in conflict with Section 5326.2. No one shall be denied any benefits for refusing treatment. (c) A person confined shall be deemed incapable of written informed consent if that person cannot understand, or knowingly and intelligently act upon, the information specified in Section 5326.2. (d) A person confined shall not be deemed incapable of refusal solely by virtue of being diagnosed as having a mental health disorder. (e) Written informed consent shall be given only after 24 hours have elapsed from the time the information in Section 5326.2 has been given. (Amended by Stats. 2014, Ch. 144, Sec. 92. (AB 1847) Effective January 1, 2015.)
  84. 5326.55.

    ## 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 7. Legal and Civil Rights of Persons Involuntarily Detained [5325 - 5337] ( Article 7 added by Stats. 1967, Ch. 1667. )

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    People who serve on review committees must not be personally involved in treating the patient whose case they are reviewing.

    ## 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 7. Legal and Civil Rights of Persons Involuntarily Detained [5325 - 5337] ( Article 7 added by Stats. 1967, Ch. 1667. ) ## 5326.55. Persons who serve on review committees shall not otherwise be personally involved in the treatment of the patient whose case they are reviewing. (Added by Stats. 1976, Ch. 1109.)
  85. 5326.6.

    ## 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 7. Legal and Civil Rights of Persons Involuntarily Detained [5325 - 5337] ( Article 7 added by Stats. 1967, Ch. 1667. )

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    Psychosurgery may be performed only if the patient gives written informed consent and several supporting medical-documentation and review requirements 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 7. Legal and Civil Rights of Persons Involuntarily Detained [5325 - 5337] ( Article 7 added by Stats. 1967, Ch. 1667. ) ## 5326.6. Psychosurgery, wherever administered, may be performed only if: (a) The patient gives written informed consent to the psychosurgery. (b) A responsible relative of the person’s choosing and with the person’s consent, and the guardian or conservator if there is one, has read the standard consent form as defined in Section 5326.4 and has been given by the treating physician the information required in Section 5326.2. Should the person desire not to inform a relative or should such chosen relative be unavailable this requirement is dispensed with. (c) The attending physician gives adequate documentation entered in the patient’s treatment record of the reasons for the procedure, that all other appropriate treatment modalities have been exhausted and that this mode of treatment is definitely indicated and is the least drastic alternative available for the treatment of the patient at the time. Such statement in the treatment record shall be signed by the attending and treatment physician or physicians. (d) Three physicians, one appointed by the facility and two appointed by the local mental health director, two of whom shall be either board-certified or eligible psychiatrists or board-certified or eligible neurosurgeons, have personally examined the patient and unanimously agree with the attending physicians’ determinations pursuant to subdivision (c) and agree that the patient has the capacity to give informed consent. Such agreement shall be documented in the patient’s treatment record and signed by each such physician. Psychosurgery shall in no case be performed for at least 72 hours following the patient’s written consent. Under no circumstances shall psychosurgery be performed on a minor. As used in this section and Sections 5326.4 and 5326.7 “responsible relative” includes the spouse, parent, adult child, or adult brother or sister of the person. The giving of consent to any of the treatments covered by this chapter may not be construed as a waiver of the right to refuse treatment at a future time. Consent may be withdrawn at any time. Such withdrawal of consent may be either oral or written and shall be given effect immediately. Refusal of consent to undergo a psychosurgery shall be entered in the patient’s treatment record. (Added by Stats. 1976, Ch. 1109.)
  86. 5326.7.

    ## 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 7. Legal and Civil Rights of Persons Involuntarily Detained [5325 - 5337] ( Article 7 added by Stats. 1967, Ch. 1667. )

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    Convulsive treatment for an involuntary patient is allowed only if the listed documentation, review, explanation, consent, and capacity-review steps are completed.

    ## 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 7. Legal and Civil Rights of Persons Involuntarily Detained [5325 - 5337] ( Article 7 added by Stats. 1967, Ch. 1667. ) ## 5326.7. Subject to the provisions of subdivision (f) of Section 5325, convulsive treatment may be administered to an involuntary patient, including anyone under guardianship or conservatorship, only if: (a) The attending or treatment physician enters adequate documentation in the patient’s treatment record of the reasons for the procedure, that all reasonable treatment modalities have been carefully considered, and that the treatment is definitely indicated and is the least drastic alternative available for this patient at this time. Such statement in the treatment record shall be signed by the attending and treatment physician or physicians. (b) A review of the patient’s treatment record is conducted by a committee of two physicians, at least one of whom shall have personally examined the patient. One physician shall be appointed by the facility and one shall be appointed by the local mental health director. Both shall be either board-certified or board-eligible psychiatrists or board-certified or board-eligible neurologists. This review committee must unanimously agree with the treatment physician’s determinations pursuant to subdivision (a). Such agreement shall be documented in the patient’s treatment record and signed by both physicians. (c) A responsible relative of the person’s choosing and the person’s guardian or conservator, if there is one, have been given the oral explanation by the attending physician as required by Section 5326. 2. Should the person desire not to inform a relative or should such chosen relative be unavailable, this requirement is dispensed with. (d) The patient gives written informed consent as defined in Section 5326.5 to the convulsive treatment. Such consent shall be for a specified maximum number of treatments over a specified maximum period of time not to exceed 30 days, and shall be revocable at any time before or between treatments. Such withdrawal of consent may be either oral or written and shall be given effect immediately. Additional treatments in number or time, not to exceed 30 days, shall require a renewed written informed consent. (e) The patient’s attorney, or if none, a public defender appointed by the court, agrees as to the patient’s capacity or incapacity to give written informed consent and that the patient who has capacity has given written informed consent. (f) If either the attending physician or the attorney believes that the patient does not have the capacity to give a written informed consent, then a petition shall be filed in superior court to determine the patient’s capacity to give written informed consent. The court shall hold an evidentiary hearing after giving appropriate notice to the patient, and within three judicial days after the petition is filed. At such hearing the patient shall be present and represented by legal counsel. If the court deems the above-mentioned attorney to have a conflict of interest, such attorney shall not represent the patient in this proceeding. (g) If the court determines that the patient does not have the capacity to give written informed consent, then treatment may be performed upon gaining the written informed consent as defined in Sections 5326.2 and 5326.5 from the responsible relative or the guardian or the conservator of the patient. (h) At any time during the course of treatment of a person who has been deemed incompetent, that person shall have the right to claim regained competency. Should he do so, the person’s competency must be reevaluated according to subdivisions (e), (f), and (g). (Added by Stats. 1976, Ch. 1109.)
  87. 5326.75.

    ## 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 7. Legal and Civil Rights of Persons Involuntarily Detained [5325 - 5337] ( Article 7 added by Stats. 1967, Ch. 1667. )

    Verify source ↗

    Convulsive treatment for these patients may be given only when the listed consent and Section 5326.7 requirements 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 7. Legal and Civil Rights of Persons Involuntarily Detained [5325 - 5337] ( Article 7 added by Stats. 1967, Ch. 1667. ) ## 5326.75. Convulsive treatment for all other patients including but not limited to those voluntarily admitted to a facility, or receiving the treatment in a physician’s office, clinic or private home, may be administered only if: (a) The requirements of subdivisions (a), (c), and (d) of Section 5326.7 are met. (b) A board-certified or board-eligible psychiatrist or a board-certified or board-eligible neurologist other than the patient’s attending or treating physician has examined the patient and verifies that the patient has the capacity to give and has given written informed consent. Such verification shall be documented in the patient’s treatment record and signed by the treating physician. (c) If there is not the verification required by subdivision (b) of this section or if the patient has not the capacity to give informed consent, then subdivisions (b), (e), (f), (g), and (h) of Section 5326.7 shall also be met. (Added by Stats. 1976, Ch. 1109.)
  88. 5326.8.

    ## 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 7. Legal and Civil Rights of Persons Involuntarily Detained [5325 - 5337] ( Article 7 added by Stats. 1967, Ch. 1667. )

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    Convulsive treatment is barred for minors under 12. For people 12 to under 16, it is allowed only if the listed emergency, certification, compliance, and reporting conditions are met. People 16 and 17 have and exercise the rights 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 7. Legal and Civil Rights of Persons Involuntarily Detained [5325 - 5337] ( Article 7 added by Stats. 1967, Ch. 1667. ) ## 5326.8. Under no circumstances shall convulsive treatment be performed on a minor under 12 years of age. Persons 16 and 17 years of age shall personally have and exercise the rights under this article. Persons 12 years of age and over, and under 16, may be administered convulsive treatment only if all the other provisions of this law are complied with and in addition: (a) It is an emergency situation and convulsive treatment is deemed a lifesaving treatment. (b) This fact and the need for and appropriateness of the treatment are unanimously certified to by a review board of three board-eligible or board-certified child psychiatrists appointed by the local mental health director. (c) It is otherwise performed in full compliance with regulations promulgated by the Director of State Hospitals under Section 5326.95. (d) It is thoroughly documented and reported immediately to the Director of Health Care Services. (Amended by Stats. 2012, Ch. 34, Sec. 90. (SB 1009) Effective June 27, 2012.)
  89. 5326.85.

    ## 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 7. Legal and Civil Rights of Persons Involuntarily Detained [5325 - 5337] ( Article 7 added by Stats. 1967, Ch. 1667. )

    Verify source ↗

    Convulsive treatment may not be performed if the patient can give informed consent and refuses 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 2. Involuntary Treatment [5150 - 5349.1] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 7. Legal and Civil Rights of Persons Involuntarily Detained [5325 - 5337] ( Article 7 added by Stats. 1967, Ch. 1667. ) ## 5326.85. No convulsive treatment shall be performed if the patient, whether admitted to the facility as a voluntary or involuntary patient, is deemed to be able to give informed consent and refuses to do so. The physician shall indicate in the treatment record that the treatment was refused despite the physician’s advice and that he has explained to the patient the patient’s responsibility for any untoward consequences of his refusal. (Added by Stats. 1976, Ch. 1109.)
  90. 5326.9.

    ## 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 7. Legal and Civil Rights of Persons Involuntarily Detained [5325 - 5337] ( Article 7 added by Stats. 1967, Ch. 1667. )

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    This section requires specified mental health officials to investigate suspected rights violations, issue a formal notice if a violation is found, and allows several enforcement actions and civil penalties.

    ## 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 7. Legal and Civil Rights of Persons Involuntarily Detained [5325 - 5337] ( Article 7 added by Stats. 1967, Ch. 1667. ) ## 5326.9. (a) Any alleged or suspected violation of the rights described in Chapter 2 (commencing with Section 5150) shall be investigated by the local director of mental health, or his or her designee. Violations of Sections 5326.2 to 5326.8, inclusive, concerning patients involuntarily detained for evaluation or treatment under this part, or as a voluntary patient for psychiatric evaluation or treatment to a health facility, as defined in Section 1250 of the Health and Safety Code, in which psychiatric evaluation or treatment is offered, shall also be investigated by the Director of Health Care Services, or his or her designee. Violations of Sections 5326.2 to 5326.8, inclusive, concerning persons committed to a state hospital shall also be investigated by the Director of State Hospitals, or his or her designee. If it is determined by the local director of mental health, the Director of Health Care Services, or the Director of State Hospitals that a right has been violated, a formal notice of violation shall be issued. (b) Either the local director of mental health or the Director of Health Care Services, upon issuing a notice of violation, may take any or all of the following action: (1) Assign a specified time period during which the violation shall be corrected. (2) Referral to the Medical Board of California or other professional licensing agency. Such board shall investigate further, if warranted, and shall subject the individual practitioner to any penalty the board finds necessary and is authorized to impose. (3) Revoke a facility’s designation and authorization under Section 5404 to evaluate and treat persons detained involuntarily. (4) Refer any violation of law to a local district attorney or the Attorney General for prosecution in any court with jurisdiction. (c) The Director of State Hospitals, upon issuing a notice of violation, may take any or all of the following actions: (1) Assign a specified time period during which the violation shall be corrected. (2) Make a referral to the Medical Board of California or other professional licensing agency. The board or agency shall investigate further, if warranted, and shall subject the individual practitioner to any penalty the board finds necessary and is authorized to impose. (3) Refer any violation of law to a local district attorney or the Attorney General for prosecution in any court with jurisdiction. (d) Any physician who intentionally violates Sections 5326.2 to 5326.8, inclusive, shall be subject to a civil penalty of not more than five thousand dollars ($5,000) for each violation. The penalty may be assessed and collected in a civil action brought by the Attorney General in a superior court. Such intentional violation shall be grounds for revocation of license. (e) Any person or facility found to have knowingly violated the provisions of the first paragraph of Section 5325.1 or to have denied without good cause any of the rights specified in Section 5325 shall pay a civil penalty, as determined by the court, of fifty dollars ($50) per day during the time in which the violation is not corrected, commencing on the day on which a notice of violation was issued, not to exceed one thousand dollars ($1,000), for each and every violation, except that any liability under this provision shall be offset by an amount equal to a fine or penalty imposed for the same violation under the provisions of Sections 1423 to 1425, inclusive, or 1428 of the Health and Safety Code. These penalties shall be deposited in the general fund of the county in which the violation occurred. The local district attorney or the Attorney General shall enforce this section in any court with jurisdiction. Where the State Department of Public Health, under the provisions of Sections 1423 to 1425, inclusive, of the Health and Safety Code, determines that no violation has occurred, the provisions of paragraph (4) of subdivision (b) shall not apply. (f) The remedies provided by this subdivision shall be in addition to and not in substitution for any other remedies which an individual may have under law. (Amended by Stats. 2013, Ch. 23, Sec. 35. (AB 82) Effective June 27, 2013.)
  91. 5326.91.

    ## 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 7. Legal and Civil Rights of Persons Involuntarily Detained [5325 - 5337] ( Article 7 added by Stats. 1967, Ch. 1667. )

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    Facilities that perform convulsive treatment must appoint a qualified committee to review those treatments, and the local mental health director must create a postaudit review committee for convulsive treatments done outside certain facilities.

    ## 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 7. Legal and Civil Rights of Persons Involuntarily Detained [5325 - 5337] ( Article 7 added by Stats. 1967, Ch. 1667. ) ## 5326.91. In any facility in which convulsive treatment is performed on a person whether admitted to the facility as an involuntary or voluntary patient, the facility will designate a qualified committee to review all such treatments and to verify the appropriateness and need for such treatment. The local mental health director shall establish a postaudit review committee for convulsive treatments administered anywhere other than in any facility as defined in Section 1250 of the Health and Safety Code in which psychiatric evaluation or treatment is offered. Records of these committees will be subject to availability in the same manner as are the records of other hospital utilization and audit committees and to other regulations. Persons serving on these review committees will enjoy the same immunities as other persons serving on utilization, peer review, and audit committees of health care facilities. (Amended by Stats. 2012, Ch. 34, Sec. 92. (SB 1009) Effective June 27, 2012.)
  92. 5326.95.

    ## 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 7. Legal and Civil Rights of Persons Involuntarily Detained [5325 - 5337] ( Article 7 added by Stats. 1967, Ch. 1667. )

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    The Director of State Hospitals must adopt regulations for this chapter, including standards on excessive use of convulsive 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 7. Legal and Civil Rights of Persons Involuntarily Detained [5325 - 5337] ( Article 7 added by Stats. 1967, Ch. 1667. ) ## 5326.95. The Director of State Hospitals shall adopt regulations to carry out the provisions of this chapter, including standards defining excessive use of convulsive treatment, which shall be developed in consultation with the State Department of Health Care Services and the County Behavioral Health Directors Association of California. (Amended by Stats. 2015, Ch. 455, Sec. 26. (SB 804) Effective January 1, 2016.)
  93. 5327.

    ## 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 7. Legal and Civil Rights of Persons Involuntarily Detained [5325 - 5337] ( Article 7 added by Stats. 1967, Ch. 1667. )

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    People detained under this section are entitled to the rights listed in this part, and keep any rights not specifically taken away by 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 2. Involuntary Treatment [5150 - 5349.1] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 7. Legal and Civil Rights of Persons Involuntarily Detained [5325 - 5337] ( Article 7 added by Stats. 1967, Ch. 1667. ) ## 5327. Every person involuntarily detained under provisions of this part or under certification for intensive treatment or postcertification treatment in any public or private mental institution or hospital, including a conservatee placed in any medical, psychiatric or nursing facility, shall be entitled to all rights set forth in this part and shall retain all rights not specifically denied him under this part. (Added by Stats. 1967, Ch. 1667.)
  94. 5328.

    ## 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 7. Legal and Civil Rights of Persons Involuntarily Detained [5325 - 5337] ( Article 7 added by Stats. 1967, Ch. 1667. )

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    Patient service records are confidential, and disclosure is allowed only in specified situations.

    ## 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 7. Legal and Civil Rights of Persons Involuntarily Detained [5325 - 5337] ( Article 7 added by Stats. 1967, Ch. 1667. ) ## 5328. (a) All information and records obtained in the course of providing services under Division 4 (commencing with Section 4000), Division 4.1 (commencing with Section 4400), Division 4.5 (commencing with Section 4500), Division 5 (commencing with Section 5000), Division 6 (commencing with Section 6000), or Division 7 (commencing with Section 7100), to either voluntary or involuntary recipients of services are confidential. Information and records obtained in the course of providing similar services to either voluntary or involuntary recipients before 1969 are also confidential. Information and records shall be disclosed only in any of the following cases: (1) (A) In communications between qualified professional persons in the provision of services or appropriate referrals, or in the course of conservatorship proceedings. The consent of the patient, or the patient’s guardian or conservator, shall be obtained before information or records may be disclosed by a professional person employed by a facility to a professional person not employed by the facility who does not have the medical or psychological responsibility for the patient’s care. (B) Notwithstanding subparagraph (A), if the patient is a dependent or ward of the juvenile court who has been removed from the physical custody of their parents, legal guardian, or Indian custodian, and who is not under a conservatorship, the consent of the patient or their guardian or conservator is not required before information or records may be disclosed to the dependent’s or ward’s social worker or probation officer for the purposes of ensuring the dependent or ward receives all necessary services or referrals for transition out of a facility to a lower level of care as allowed under 45 C.F.R. Sections 164.502(a)(1)(ii) and 164.512 or any successor regulations. Information obtained pursuant to this paragraph shall not be used in any criminal or juvenile justice proceeding without complying with Section 827. This paragraph does not prohibit evidence identical to that contained within the records from being admissible in a criminal or juvenile justice proceeding, if the evidence is derived solely from means other than this paragraph, as permitted by law. This section does not permit the disclosure of records from a juvenile case file absent compliance with the provisions of Section 827. (2) If the patient, with the approval of the physician and surgeon, licensed psychologist, social worker with a master’s degree in social work, licensed marriage and family therapist, or licensed professional clinical counselor, who is in charge of the patient, designates persons to whom information or records may be released, except that this article does not compel a physician and surgeon, licensed psychologist, social worker with a master’s degree in social work, licensed marriage and family therapist, licensed professional clinical counselor, nurse, attorney, or other professional person to reveal information that has been given to the person in confidence by members of a patient’s family. This paragraph does not authorize a licensed marriage and family therapist or licensed professional clinical counselor to provide services or to be in charge of a patient’s care beyond the therapist’s or counselor’s lawful scope of practice. (3) To the extent necessary for a recipient to make a claim, or for a claim to be made on behalf of a recipient for aid, insurance, or medical assistance to which the recipient may be entitled. (4) (A) If the recipient of services is a conservatee or a minor who has been admitted with the consent of their parent or legal guardian, and their conservator, parent, or legal guardian, or a guardian ad litem designates, in writing, persons to whom records or information may be disclosed, except that this article does not compel a physician and surgeon, licensed psychologist, social worker with a master’s degree in social work, licensed marriage and family therapist, licensed professional clinical counselor, nurse, attorney, or other professional person to reveal information that has been given to the person in confidence by members of a patient’s family. (B) If the recipient of services is a minor dependent or ward of the juvenile court and has been removed from the physical custody of their parents, legal guardian, or Indian custodian, and their attorney or guardian ad litem, in consultation with the dependent or ward, designates in writing persons to whom records or information may be disclosed. This provision shall not be construed to require written designation for the disclosures permitted by subparagraph (B) of paragraph (1) or paragraph (12). (5) For research, provided that the Director of Health Care Services, the Director of State Hospitals, the Director of Social Services, or the Director of Developmental Services designates by regulation, rules for the conduct of research and requires the research to be first reviewed by the appropriate institutional review board or boards. The rules shall include, but need not be limited to, the requirement that all researchers shall sign an oath of confidentiality as follows: Date As a condition of doing research concerning persons who have received services from ____ (fill in the facility, agency, or person), I, ____, agree to obtain the prior informed consent of those persons who have received services to the maximum degree possible as determined by the appropriate institutional review board or boards for protection of human subjects reviewing my research, and I further agree not to divulge any information obtained in the course of that research to unauthorized persons, and not to publish or otherwise make public any information regarding persons who have received services such that the person who received services is identifiable. I recognize that the unauthorized release of confidential information may make me subject to a civil action under provisions of the Welfare and Institutions Code. (6) To the courts, as necessary to the administration of justice. (7) To governmental law enforcement agencies as needed for the protection of federal and state elective constitutional officers and their families. (8) To the Senate Committee on Rules or the Assembly Committee on Rules for the purposes of legislative investigation authorized by the committee. (9) If the recipient of services who applies for life or disability insurance designates in writing the insurer to which records or information may be disclosed. (10) To the attorney for the patient in any and all proceedings upon presentation of a release of information signed by the patient, except that when the patient is unable to sign the release, the staff of the facility, upon satisfying itself of the identity of the attorney, and of the fact that the attorney does represent the interests of the patient, may release all information and records relating to the patient, except that this article does not compel a physician and surgeon, licensed psychologist, social worker with a master’s degree in social work, licensed marriage and family therapist, licensed professional clinical counselor, nurse, attorney, or other professional person to reveal information that has been given to the person in confidence by members of a patient’s family. (11) Upon written agreement by a person previously confined in or otherwise treated by a facility, the professional person in charge of the facility or the professional person’s designee may release any information, except information that has been given in confidence by members of the person’s family, requested by a probation officer charged with the evaluation of the person after the person’s conviction of a crime if the professional person in charge of the facility determines that the information is relevant to the evaluation. The agreement shall only be operative until sentence is passed on the crime of which the person was convicted. The confidential information released pursuant to this paragraph shall be transmitted to the court separately from the probation report and shall not be placed in the probation report. The confidential information shall remain confidential except for purposes of sentencing. After sentencing, the confidential information shall be sealed. (12) (A) Between persons who are trained and qualified to serve on multidisciplinary personnel teams pursuant to subdivision (d) of Section 18951. The information and records sought to be disclosed shall be relevant to the provision of child welfare services or the investigation, prevention, identification, management, or treatment of child abuse or neglect pursuant to Chapter 11 (commencing with Section 18950) of Part 6 of Division 9. Information obtained pursuant to this paragraph shall not be used in any criminal or juvenile justice proceeding. This paragraph does not prohibit evidence identical to that contained within the records from being admissible in a criminal or juvenile justice proceeding, if the evidence is derived solely from means other than this paragraph, as permitted by law. (B) As used in this paragraph, “child welfare services” means those services that are directed at preventing child abuse or neglect. (13) To county patients’ rights advocates who have been given knowing voluntary authorization by a client or a guardian ad litem. The client or guardian ad litem, whoever entered into the agreement, may revoke the authorization at any time, either in writing or by oral declaration to an approved advocate. (14) To a committee established in compliance with Section 14725. (15) In providing information as described in Section 7325.5. This paragraph does not permit the release of any information other than that described in Section 7325.5. (16) To the county behavioral health director or the director’s designee, or to a law enforcement officer, or to the person designated by a law enforcement agency, pursuant to Sections 5152.1 and 5250.1. (17) If the patient gives consent, information specifically pertaining to the existence of genetically handicapping conditions, as defined in Section 125135 of the Health and Safety Code, may be released to qualified professional persons for purposes of genetic counseling for blood relatives upon request of the blood relative. For purposes of this paragraph, “qualified professional persons” means those persons with the qualifications necessary to carry out the genetic counseling duties under this paragraph as determined by the genetic disease unit established in the State Department of Health Care Services under Section 125000 of the Health and Safety Code. If the patient does not respond or cannot respond to a request for permission to release information pursuant to this paragraph after reasonable attempts have been made over a two-week period to get a response, the information may be released upon request of the blood relative. (18) If the patient, in the opinion of the patient’s psychotherapist, presents a serious danger of violence to a reasonably foreseeable victim or victims, then any of the information or records specified in this section may be released to that person or persons and to law enforcement agencies and county child welfare agencies as the psychotherapist determines is needed for the protection of that person or persons. For purposes of this paragraph, “psychotherapist” has the same meaning as provided in Section 1010 of the Evidence Code. (19) (A) To the designated officer of an emergency response employee, and from that designated officer to an emergency response employee regarding possible exposure to HIV or AIDS, but only to the extent necessary to comply with the federal Ryan White Comprehensive AIDS Resources Emergency Act of 1990 (Public Law 101-381; 42 U.S.C. Sec. 201). (B) For purposes of this paragraph, “designated officer” and “emergency response employee” have the same meaning as these terms are used in the federal Ryan White Comprehensive AIDS Resources Emergency Act of 1990 (Public Law 101-381; 42 U.S.C. Sec. 201). (C) The designated officer shall be subject to the confidentiality requirements specified in Section 120980 of the Health and Safety Code, and may be personally liable for unauthorized release of any identifying information about the HIV results. Further, the designated officer shall inform the exposed emergency response employee that the employee is also subject to the confidentiality requirements specified in Section 120980 of the Health and Safety Code, and may be personally liable for unauthorized release of any identifying information about the HIV test results. (20) (A) To a law enforcement officer who personally lodges with a facility, as defined in subparagraph (B), a warrant of arrest or an abstract of a warrant showing that the person sought is wanted for a serious felony, as defined in Section 1192.7 of the Penal Code, or a violent felony, as defined in Section 667.5 of the Penal Code. The information sought and released shall be limited to whether or not the person named in the arrest warrant is presently confined in the facility. This subparagraph shall be implemented with minimum disruption to health facility operations and patients, in accordance with Section 5212. If the law enforcement officer is informed that the person named in the warrant is confined in the facility, the officer may not enter the facility to arrest the person without obtaining a valid search warrant or the permission of staff of the facility. (B) For purposes of subparagraph (A), a facility means all of the following: (i) A state hospital, as defined in Section 4001. (ii) A general acute care hospital, as defined in subdivision (a) of Section 1250 of the Health and Safety Code, solely with regard to information pertaining to a person with mental illness subject to this section. (iii) An acute psychiatric hospital, as defined in subdivision (b) of Section 1250 of the Health and Safety Code. (iv) A psychiatric health facility, as described in Section 1250.2 of the Health and Safety Code. (v) A mental health rehabilitation center, as described in Section 5675. (vi) A skilled nursing facility with a special treatment program for individuals with mental illness, as described in Sections 51335 and 72445 to 72475, inclusive, of Title 22 of the California Code of Regulations. (vii) A psychiatric residential treatment facility, as defined in Section 1250.10 of the Health and Safety Code. (21) Between persons who are trained and qualified to serve on multidisciplinary personnel teams pursuant to Section 15610.55. The information and records sought to be disclosed shall be relevant to the prevention, identification, management, or treatment of an abused elder or dependent adult pursuant to Chapter 13 (commencing with Section 15750) of Part 3 of Division 9. (22) (A) When an employee is served with a notice of adverse action, as defined in Section 19570 of the Government Code, all of the following information and records may be released: (i) All information and records that the appointing authority relied upon in issuing the notice of adverse action. (ii) All other information and records that are relevant to the adverse action, or that would constitute relevant evidence as defined in Section 210 of the Evidence Code. (iii) The information described in clauses (i) and (ii) may be released only if both of the following conditions are met: (I) The appointing authority has provided written notice to the consumer and the consumer’s legal representative or, if the consumer has no legal representative or if the legal representative is a state agency, to the clients’ rights advocate, and the consumer, the consumer’s legal representative, or the clients’ rights advocate has not objected in writing to the appointing authority within five business days of receipt of the notice, or the appointing authority, upon review of the objection, has determined that the circumstances on which the adverse action is based are egregious or threaten the health, safety, or life of the consumer or other consumers and without the information the adverse action could not be taken. (II) The appointing authority, the person against whom the adverse action has been taken, and the person’s representative, if any, have entered into a stipulation that does all of the following: (ia) Prohibits the parties from disclosing or using the information or records for any purpose other than the proceedings for which the information or records were requested or provided. (ib) Requires the employee and the employee’s legal representative to return to the appointing authority all records provided to them under this paragraph, including, but not limited to, all records and documents from any source containing confidential information protected by this section, and all copies of those records and documents, within 10 days of the date that the adverse action becomes final, except for the actual records and documents or copies thereof that are no longer in the possession of the employee or the employee’s legal representative because they were submitted to the administrative tribunal as a component of an appeal from the adverse action. (ic) Requires the parties to submit the stipulation to the administrative tribunal with jurisdiction over the adverse action at the earliest possible opportunity. (B) For purposes of this paragraph, the State Personnel Board may, before any appeal from adverse action being filed with it, issue a protective order, upon application by the appointing authority, for the limited purpose of prohibiting the parties from disclosing or using information or records for any purpose other than the proceeding for which the information or records were requested or provided, and to require the employee or the employee’s legal representative to return to the appointing authority all records provided to them under this paragraph, including, but not limited to, all records and documents from any source containing confidential information protected by this section, and all copies of those records and documents, within 10 days of the date that the adverse action becomes final, except for the actual records and documents or copies thereof that are no longer in the possession of the employee or the employee’s legal representatives because they were submitted to the administrative tribunal as a component of an appeal from the adverse action. (C) Individual identifiers, including, but not limited to, names, social security numbers, and hospital numbers, that are not necessary for the prosecution or defense of the adverse action, shall not be disclosed. (D) All records, documents, or other materials containing confidential information protected by this section that have been submitted or otherwise disclosed to the administrative agency or other person as a component of an appeal from an adverse action shall, upon proper motion by the appointing authority to the administrative tribunal, be placed under administrative seal and shall not, thereafter, be subject to disclosure to any person or entity except upon the issuance of an order of a court of competent jurisdiction. (E) For purposes of this paragraph, an adverse action becomes final when the employee fails to answer within the time specified in Section 19575 of the Government Code, or, after filing an answer, withdraws the appeal, or, upon exhaustion of the administrative appeal or of the judicial review remedies as otherwise provided by law. (23) To the person appointed as the developmental services decisionmaker for a minor, dependent, or ward pursuant to Section 319, 361, or 726. (24) During the provision of emergency services and care, as defined in Section 1317.1 of the Health and Safety Code, the communication of patient information between a physician and surgeon, licensed psychologist, social worker with a master’s degree in social work, licensed marriage and family therapist, licensed professional clinical counselor, nurse, emergency medical personnel at the scene of an emergency or in an emergency medical transport vehicle, or other professional person or emergency medical personnel at a health facility licensed pursuant to Chapter 2 (commencing with Section 1250) of Division 2 of the Health and Safety Code. (25) To a business associate or for health care operations purposes, in accordance with Part 160 (commencing with Section 160.101) and Part 164 (commencing with Section 164.102) of Subchapter C of Subtitle A of Title 45 of the Code of Federal Regulations. (26) To authorized personnel who are employed by the California Victim Compensation Board for the purposes of verifying the identity and eligibility of individuals claiming compensation pursuant to the Forced or Involuntary Sterilization Compensation Program described in Chapter 1.6 (commencing with Section 24210) of Division 20 of the Health and Safety Code. The California Victim Compensation Board shall maintain the confidentiality of any information or records received from the department in accordance with Part 160 (commencing with Section 160.101) and Part 164 (commencing with Section 164.102) of Subchapter C of Subtitle A of Title 45 of the Code of Federal Regulations and this section. Public disclosure of aggregated claimant information or the annual report required under subdivision (b) of Section 24211 of the Health and Safety Code is not a violation of this section. (27) To parties to a judicial or administrative proceeding as permitted by law, and who satisfy the requirements under Part 164 (commencing with Section 164.512(e)) of Subchapter C of Subtitle A of Title 45 of the Code of Federal Regulations, except that this paragraph shall not be construed to affect any rights or privileges provided under law of any party or nonparty. (28) To the State Department of Health Care Services for the purposes of Section 4081. (b) Notwithstanding subdivision (a), patient information and records shall, as necessary, be provided to and discussed with district attorneys for purposes of commitment, recommitment, or petitions for release proceedings for patients committed under Sections 1026, 1370, 1600, 2962, and 2972 of the Penal Code and Section 6600 of this code, unless otherwise prohibited by law. (c) The amendment of paragraph (4) of subdivision (a) enacted at the 1970 Regular Session of the Legislature does not constitute a change in, but is declaratory of, the preexisting law. (d) This section is not limited by Section 5150.05 or 5332. (Amended by Stats. 2023, Ch. 191, Sec. 9. (SB 137) Effective September 13, 2023.)
  95. 5328.01.

    ## 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 7. Legal and Civil Rights of Persons Involuntarily Detained [5325 - 5337] ( Article 7 added by Stats. 1967, Ch. 1667. )

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    Certain confidential mental health records must be disclosed to law enforcement only with the patient’s written consent or a qualifying court 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 7. Legal and Civil Rights of Persons Involuntarily Detained [5325 - 5337] ( Article 7 added by Stats. 1967, Ch. 1667. ) ## 5328.01. Notwithstanding Section 5328, all information and records made confidential under the first paragraph of Section 5328 shall also be disclosed to governmental law enforcement agencies investigating evidence of a crime where the records relate to a patient who is confined or has been confined as a mentally disordered sex offender or pursuant to Section 1026 or 1368 of the Penal Code and the records are in the possession or under the control of any state hospital serving the mentally disabled, as follows: (a) In accordance with the written consent of the patient; or (b) If authorized by an appropriate order of a court of competent jurisdiction in the county where the records are located compelling a party to produce in court specified records and specifically describing the records being sought, when the order is granted after an application showing probable cause therefor. In assessing probable cause, the court shall do all of the following: (1) Weigh the public interest and the need for disclosure against the injury to the patient, to the physician-patient relationship, and to the treatment services. (2) Determine that there is a reasonable likelihood that the records in question will disclose material information or evidence of substantial value in connection with the investigation or prosecution. (3) Determine that the crime involves the causing of, or direct threatening of, the loss of life or serious bodily injury. (4) In granting or denying a subpoena, the court shall state on the record the reasons for its decision and the facts which the court considered in making such a ruling. (5) If a court grants an order permitting disclosure of such records, the court shall issue all orders necessary to protect, to the maximum extent possible, the patient’s privacy and the privacy and confidentiality of the physician-patient relationship. (6) Any records disclosed pursuant to the provisions of this subdivision and any copies thereof shall be returned to the facility at the completion of the investigation or prosecution unless they have been made a part of the court record. (c) A governmental law enforcement agency applying for disclosure of patient records under this subdivision may petition the court for an order, upon a showing of probable cause to believe that delay would seriously impede the investigation, which requires the ordered party to produce the records forthwith. (d) Records obtained by a governmental law enforcement agency pursuant to this section shall not be disseminated to any other agency or person unless such dissemination relates to the criminal investigation for which the records were obtained by the governmental law enforcement agency. The willful dissemination of any record in violation of this paragraph shall constitute a misdemeanor. (e) If any records obtained pursuant to this section are of a patient presently receiving treatment at the state hospital serving the mentally disabled, the law enforcement agency shall only receive copies of the original records. (Added by Stats. 1985, Ch. 1036, Sec. 1.)
  96. 5328.02.

    ## 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 7. Legal and Civil Rights of Persons Involuntarily Detained [5325 - 5337] ( Article 7 added by Stats. 1967, Ch. 1667. )

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    Confidential records under Section 5328 must also be disclosed to the Youth Authority and the Adult Correctional Agency, when needed for the administration of justice.

    ## 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 7. Legal and Civil Rights of Persons Involuntarily Detained [5325 - 5337] ( Article 7 added by Stats. 1967, Ch. 1667. ) ## 5328.02. Notwithstanding Section 5328, all information and records made confidential under the first paragraph of Section 5328 shall also be disclosed to the Youth Authority and Adult Correctional Agency or any component thereof, as necessary to the administration of justice. (Added by Stats. 1980, Ch. 1117, Sec. 26.)
  97. 5328.03.

    ## 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 7. Legal and Civil Rights of Persons Involuntarily Detained [5325 - 5337] ( Article 7 added by Stats. 1967, Ch. 1667. )

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    A psychotherapist generally may not release or disclose a minor’s mental health records or let a parent or guardian inspect them when the minor has been removed from that parent’s custody, unless the juvenile court has issued a qualifying 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 7. Legal and Civil Rights of Persons Involuntarily Detained [5325 - 5337] ( Article 7 added by Stats. 1967, Ch. 1667. ) ## 5328.03. (a) (1) Notwithstanding Section 5328 of this code, Section 3025 of the Family Code, or paragraph (2) of subdivision (c) of Section 56.11 of the Civil Code, a psychotherapist who knows that a minor has been removed from the physical custody of his or her parent or guardian pursuant to Article 6 (commencing with Section 300) to Article 10 (commencing with Section 360), inclusive, of Chapter 2 of Part 1 of Division 2 shall not release mental health records of the minor patient and shall not disclose mental health information about that minor patient based upon an authorization to release those records or the information signed by the minor’s parent or guardian. This restriction shall not apply if the juvenile court has issued an order authorizing the parent or guardian to sign an authorization for the release of the records or information after finding that such an order would not be detrimental to the minor patient. (2) Notwithstanding Section 5328 of this code or Section 3025 of the Family Code, a psychotherapist who knows that a minor has been removed from the physical custody of his or her parent or guardian pursuant to Article 6 (commencing with Section 300) to Article 10 (commencing with Section 360), inclusive, of Chapter 2 of Part 1 of Division 2 shall not allow the parent or guardian to inspect or obtain copies of mental health records of the minor patient. This restriction shall not apply if the juvenile court has issued an order authorizing the parent or guardian to inspect or obtain copies of the mental health records of the minor patient after finding that such an order would not be detrimental to the minor patient. (b) For purposes of this section, the following definitions apply: (1) “Mental health records” means mental health records as defined by subdivision (b) of Section 123105 of the Health and Safety Code. (2) “Psychotherapist” means a provider of health care as defined in Section 1010 of the Evidence Code. (c) (1) When the juvenile court has issued an order described in paragraph (1) of subdivision (a), the parent or guardian seeking the release of the minor’s mental health records or information about the minor shall present a copy of the court order to the psychotherapist before any records or information may be released pursuant to the signed authorization. (2) When the juvenile court has issued an order described in paragraph (2) of subdivision (a), the parent or guardian seeking to inspect or obtain copies of the mental health records of the minor patient shall present a copy of the court order to the psychotherapist and shall comply with subdivisions (a) and (b) of Section 123110 of the Health and Safety Code before the parent or guardian is allowed to inspect or obtain copies of the mental health records of the minor patient. (d) Nothing in this section shall be construed to prevent or limit a psychotherapist’s authority under subdivision (a) of Section 123115 of the Health and Safety Code to deny a parent’s or guardian’s written request to inspect or obtain copies of the minor patient’s mental health records, notwithstanding the fact that the juvenile court has issued an order authorizing the parent or guardian to sign an authorization for the release of the mental health records or information about that minor patient, or to inspect or obtain copies of the minor patient’s health records. Liability for a psychotherapist’s decision not to release records, not to disclose information about the minor patient, or not to allow the parent or guardian to inspect or obtain copies of the mental health records pursuant to the authority of subdivision (a) of Section 123115 of the Health and Safety Code shall be governed by that section. (e) Nothing in this section shall be construed to impose upon a psychotherapist a duty to inquire or investigate whether a child has been removed from the physical custody of his or her parent or guardian pursuant to Article 6 (commencing with Section 300) to Article 10 (commencing with Section 360), inclusive, of Chapter 2 of Part 1 of Division 2 when a parent or guardian presents the minor’s psychotherapist with an order authorizing the parent or guardian to sign an authorization for the release of information or the mental health records regarding the minor patient or authorizing the parent or guardian to inspect or obtain copies of the mental health records of the minor patient. (Amended by Stats. 2013, Ch. 76, Sec. 209. (AB 383) Effective January 1, 2014.)
  98. 5328.04.

    ## 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 7. Legal and Civil Rights of Persons Involuntarily Detained [5325 - 5337] ( Article 7 added by Stats. 1967, Ch. 1667. )

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    Certain confidential records about a minor may be disclosed only to specified caregivers and officials for coordinating the minor’s care, and recipients may not further disclose them except for the same limited purpose.

    ## 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 7. Legal and Civil Rights of Persons Involuntarily Detained [5325 - 5337] ( Article 7 added by Stats. 1967, Ch. 1667. ) ## 5328.04. (a) Notwithstanding Section 5328, information and records made confidential under that section may be disclosed to a county social worker, a probation officer, a foster care public health nurse acting pursuant to Section 16501.3, or any other person who is legally authorized to have custody or care of a minor, for the purpose of coordinating health care services and medical treatment, as defined in subdivision (b) of Section 56.103 of the Civil Code, mental health services, or services for developmental disabilities, for the minor. (b) Information disclosed under subdivision (a) shall not be further disclosed by the recipient unless the disclosure is for the purpose of coordinating health care services and medical treatment, or mental health or developmental disability services, for the minor and only to a person who would otherwise be able to obtain the information under subdivision (a) or any other law. (c) Information disclosed pursuant to this section shall not be admitted into evidence in any criminal or delinquency proceeding against the minor. Nothing in this subdivision shall prohibit identical evidence from being admissible in a criminal proceeding if that evidence is derived solely from lawful means other than this section and is permitted by law. (d) Nothing in this section shall be construed to compel a physician and surgeon, licensed psychologist, social worker with a master’s degree in social work, licensed marriage and family therapist, licensed professional clinical counselor, nurse, attorney, or other professional person to reveal information, including notes, that has been given to him or her in confidence by the minor or members of the minor’s family. (e) The disclosure of information pursuant to this section is not intended to limit disclosure of information when that disclosure is otherwise required by law. (f) Nothing in this section shall be construed to expand the authority of a social worker, probation officer, foster care public health nurse, or custodial caregiver beyond the authority provided under existing law to a parent or a patient representative regarding access to confidential information. (g) As used in this section, “minor” means a minor taken into temporary custody or for whom a petition has been filed with the court, or who has been adjudged a dependent child or ward of juvenile court pursuant to Section 300 or 601. (h) Information and records that may be disclosed pursuant to this section do not include psychotherapy notes, as defined in Section 164.501 of Title 45 of the Code of Federal Regulations. (Amended by Stats. 2015, Ch. 535, Sec. 2. (SB 319) Effective January 1, 2016.)
  99. 5328.05.

    ## 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 7. Legal and Civil Rights of Persons Involuntarily Detained [5325 - 5337] ( Article 7 added by Stats. 1967, Ch. 1667. )

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    This section allows certain information sharing about an older adult client when abuse or neglect is suspected, with consent and team-based limits.

    ## 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 7. Legal and Civil Rights of Persons Involuntarily Detained [5325 - 5337] ( Article 7 added by Stats. 1967, Ch. 1667. ) ## 5328.05. (a) Notwithstanding Section 5328, information and records may be disclosed when an older adult client, in the opinion of a designee of a human service agency serving older adults through an established multidisciplinary team, presents signs or symptoms of elder abuse or neglect, whether inflicted by another or self-inflicted, the agency designee to the multidisciplinary team may, with the older adult’s consent, obtain information from other county agencies regarding, and limited to, whether or not a client is receiving services from any other county agency. (b) The information obtained pursuant to subdivision (a) shall not include information regarding the nature of the treatment or services provided, and shall be shared among multidisciplinary team members for multidisciplinary team activities pursuant to this section. (c) The county agencies which may cooperate and share information under this section shall have staff designated as members of an established multidisciplinary team, and include, but not be limited to, the county departments of public social services, health, mental health, and alcohol and drug abuse, the public guardian, and the area agencies on aging. (d) The county patient’s rights advocate shall report any negative consequences of the implementation of this exception to confidentiality requirements to the local mental health director. (Added by Stats. 1990, Ch. 654, Sec. 1.)
  100. 5328.06.

    ## 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 7. Legal and Civil Rights of Persons Involuntarily Detained [5325 - 5337] ( Article 7 added by Stats. 1967, Ch. 1667. )

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    A state protection and advocacy agency is entitled to access information and records for disability-rights advocacy, and that access must follow Division 4.7.

    ## 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 7. Legal and Civil Rights of Persons Involuntarily Detained [5325 - 5337] ( Article 7 added by Stats. 1967, Ch. 1667. ) ## 5328.06. (a) Notwithstanding Section 5328, information and records shall be disclosed to the protection and advocacy agency established in this state to fulfill the requirements and assurances of the federal Protection and Advocacy for the Mentally Ill Individuals Amendments Act of 1991, contained in Chapter 114 (commencing with Section 10801) of Title 42 of the United States Code, for the protection and advocacy of the rights of people with mental disabilities, including people with mental illness, as defined in Section 10802(4) of Title 42 of the United States Code. (b) Access to information and records to which subdivision (a) applies shall be in accord with Division 4.7 (commencing with Section 4900). (Amended by Stats. 2003, Ch. 878, Sec. 10. Effective January 1, 2004.)
  101. 5328.1.

    ## 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 7. Legal and Civil Rights of Persons Involuntarily Detained [5325 - 5337] ( Article 7 added by Stats. 1967, Ch. 1667. )

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    A treatment facility must notify certain family members or designees about a patient’s information only when the patient authorizes disclosure, and it must make some additional notification attempts in admission and release situations unless the patient asks 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 2. Involuntary Treatment [5150 - 5349.1] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 7. Legal and Civil Rights of Persons Involuntarily Detained [5325 - 5337] ( Article 7 added by Stats. 1967, Ch. 1667. ) ## 5328.1. (a) Upon request of a member of the family of a patient, or other person designated by the patient, a public or private treatment facility shall give the family member or the designee notification of the patient’s diagnosis, the prognosis, the medications prescribed, the side effects of medications prescribed, if any, and the progress of the patient, if, after notification of the patient that this information is requested, the patient authorizes its disclosure. If, when initially informed of the request for notification, the patient is unable to authorize the release of such information, notation of the attempt shall be made into the patient’s treatment record, and daily efforts shall be made to secure the patient’s consent or refusal of authorization. However, if a request for information is made by the spouse, parent, child, or sibling of the patient and the patient is unable to authorize the release of such information, the requester shall be given notification of the patient’s presence in the facility, except to the extent prohibited by federal law. (b) Upon the admission of any mental health patient to a 24-hour public or private health facility licensed pursuant to Section 1250 of the Health and Safety Code, the facility shall make reasonable attempts to notify the patient’s next of kin or any other person designated by the patient, of the patient’s admission, unless the patient requests that this information not be provided. The facility shall make reasonable attempts to notify the patient’s next of kin or any other person designated by the patient, of the patient’s release, transfer, serious illness, injury, or death only upon request of the family member, unless the patient requests that this information not be provided. The patient shall be advised by the facility that he or she has the right to request that this information not be provided. (c) No public or private entity or public or private employee shall be liable for damages caused or alleged to be caused by the release of information or the omission to release information pursuant to this section. Nothing in this section shall be construed to require photocopying of a patient’s medical records in order to satisfy its provisions. (Amended by Stats. 1983, Ch. 1174, Sec. 2.)
  102. 5328.15.

    ## 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 7. Legal and Civil Rights of Persons Involuntarily Detained [5325 - 5337] ( Article 7 added by Stats. 1967, Ch. 1667. )

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    Covered mental health services information and records are confidential, with limited disclosures allowed for specified regulators, proceedings, and advocacy agency access.

    ## 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 7. Legal and Civil Rights of Persons Involuntarily Detained [5325 - 5337] ( Article 7 added by Stats. 1967, Ch. 1667. ) ## 5328.15. All information and records obtained in the course of providing services under Division 5 (commencing with Section 5000), Division 6 (commencing with Section 6000), or Division 7 (commencing with Section 7100), to either voluntary or involuntary recipients of services shall be confidential. Information and records may be disclosed, however, notwithstanding any other law, as follows: (a) To authorized licensing personnel who are employed by, or who are authorized representatives of, the State Department of Public Health, and who are licensed or registered health professionals, and to authorized legal staff or special investigators who are peace officers who are employed by, or who are authorized representatives of the State Department of Social Services, as necessary to the performance of their duties to inspect, license, and investigate health facilities and community care facilities and to ensure that the standards of care and services provided in such facilities are adequate and appropriate and to ascertain compliance with the rules and regulations to which the facility is subject. The confidential information shall remain confidential except for purposes of inspection, licensing, or investigation pursuant to Chapter 2 (commencing with Section 1250) of, and Chapter 3 (commencing with Section 1500) of, Division 2 of the Health and Safety Code, or a criminal, civil, or administrative proceeding in relation thereto. The confidential information may be used by the State Department of Public Health or the State Department of Social Services in a criminal, civil, or administrative proceeding. The confidential information shall be available only to the judge or hearing officer and to the parties to the case. Names which are confidential shall be listed in attachments separate to the general pleadings. The confidential information shall be sealed after the conclusion of the criminal, civil, or administrative hearings, and shall not subsequently be released except in accordance with this subdivision. If the confidential information does not result in a criminal, civil, or administrative proceeding, it shall be sealed after the State Department of Public Health or the State Department of Social Services decides that no further action will be taken in the matter of suspected licensing violations. Except as otherwise provided in this subdivision, confidential information in the possession of the State Department of Public Health or the State Department of Social Services shall not contain the name of the patient. (b) To any board which licenses and certifies professionals in the fields of mental health pursuant to state law, when the Director of State Hospitals has reasonable cause to believe that there has occurred a violation of any provision of law subject to the jurisdiction of that board and the records are relevant to the violation. The information shall be sealed after a decision is reached in the matter of the suspected violation, and shall not subsequently be released except in accordance with this subdivision. Confidential information in the possession of the board shall not contain the name of the patient. (c) To a protection and advocacy agency established pursuant to Section 4901, to the extent that the information is incorporated within any of the following: (1) An unredacted facility evaluation report form or an unredacted complaint investigation report form of the State Department of Social Services. The information shall remain confidential and subject to the confidentiality requirements of subdivision (f) of Section 4903. (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). The information shall remain confidential and subject to the confidentiality requirements of subdivision (f) of Section 4903. (Amended by Stats. 2015, Ch. 303, Sec. 582. (AB 731) Effective January 1, 2016.)
  103. 5328.2.

    ## 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 7. Legal and Civil Rights of Persons Involuntarily Detained [5325 - 5337] ( Article 7 added by Stats. 1967, Ch. 1667. )

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    Recipients of the reported information must not pass it on to anyone except the agencies named in the Penal Code sections listed. The Department of Justice may share reported information under those 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 2. Involuntary Treatment [5150 - 5349.1] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 7. Legal and Civil Rights of Persons Involuntarily Detained [5325 - 5337] ( Article 7 added by Stats. 1967, Ch. 1667. ) ## 5328.2. Notwithstanding Section 5328, movement and identification information and records regarding a patient who is committed to the department, state hospital, or any other public or private mental health facility approved by the county behavioral health director for observation or for an indeterminate period as a mentally disordered sex offender, or for a person who is civilly committed as a sexually violent predator pursuant to Article 4 (commencing with Section 6600) of Chapter 2 of Part 2 of Division 6, or regarding a patient who is committed to the department, to a state hospital, or any other public or private mental health facility approved by the county behavioral health director under Section 1026 or 1370 of the Penal Code or receiving treatment pursuant to Section 5300 of this code, shall be forwarded immediately without prior request to the Department of Justice. Except as otherwise provided by law, information automatically reported under this section shall be restricted to name, address, fingerprints, date of admission, date of discharge, date of escape or return from escape, date of any home leave, parole or leave of absence and, if known, the county in which the person will reside upon release. The Department of Justice may in turn furnish information reported under this section pursuant to Section 11105 or 11105.1 of the Penal Code. It shall be a misdemeanor for recipients furnished with this information to in turn furnish the information to any person or agency other than those specified in Section 11105 or 11105.1 of the Penal Code. (Amended by Stats. 2015, Ch. 455, Sec. 28. (SB 804) Effective January 1, 2016.)
  104. 5328.3.

    ## 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 7. Legal and Civil Rights of Persons Involuntarily Detained [5325 - 5337] ( Article 7 added by Stats. 1967, Ch. 1667. )

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    This section allows certain notices when a patient disappears and requires prompt notice within 24 hours for an involuntary gravely disabled patient who disappears or is transferred; it also bars a designated facility from releasing that patient without prior written court authorization.

    ## 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 7. Legal and Civil Rights of Persons Involuntarily Detained [5325 - 5337] ( Article 7 added by Stats. 1967, Ch. 1667. ) ## 5328.3. (a) When a voluntary patient would otherwise be subject to the provisions of Section 5150 of this part and disclosure is necessary for the protection of the patient or others due to the patient’s disappearance from, without prior notice to, a designated facility and his or her whereabouts is unknown, notice of the disappearance may be made to relatives and governmental law enforcement agencies designated by the physician in charge of the patient or the professional person in charge of the facility or his or her designee. (b) (1) When an involuntary patient is gravely disabled, as defined in subparagraph (B) of paragraph (1) of subdivision (h) of Section 5008, and the patient has disappeared from a designated facility, or is transferred between state hospitals, notice of the disappearance or transfer shall be made to the court initially ordering the patient’s commitment pursuant to Section 1370 of the Penal Code, the district attorney for the county that ordered the commitment, and governmental law enforcement agencies designated by the physician in charge of the patient or the professional person in charge of the facility or his or her designee. This notice shall be made within 24 hours of the patient’s disappearance or transfer from the facility. (2) A designated facility shall not permit the release of an involuntary patient who is gravely disabled, as defined in subparagraph (B) of paragraph (1) of subdivision (h) of Section 5008, without prior written authorization of the court pursuant to paragraph (2) of subdivision (d) of Section 5358. The court may approve the pending release without a hearing unless a party notified pursuant to subdivision (d) of Section 5358 objects to the pending release within 10 days after receiving notice. This paragraph does not apply to the transfer of persons between state hospitals. (Amended by Stats. 1995, Ch. 593, Sec. 2. Effective January 1, 1996.)
  105. 5328.4.

    ## 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 7. Legal and Civil Rights of Persons Involuntarily Detained [5325 - 5337] ( Article 7 added by Stats. 1967, Ch. 1667. )

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    A hospital physician, facility professional, or designee must release patient information to law enforcement in certain serious-crime or assault/battery situations, but only limited factual 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 7. Legal and Civil Rights of Persons Involuntarily Detained [5325 - 5337] ( Article 7 added by Stats. 1967, Ch. 1667. ) ## 5328.4. The physician in charge of the patient, or the professional person in charge of the facility or his or her designee, when he or she has probable cause to believe that a patient while hospitalized has committed, or has been the victim of, murder, manslaughter, mayhem, aggravated mayhem, kidnapping, carjacking, robbery, assault with intent to commit a felony, arson, extortion, rape, forcible sodomy, forcible oral copulation, unlawful possession of a weapon as provided in any provision listed in Section 16590 of the Penal Code, or escape from a hospital by a mentally disordered sex offender as provided in Section 6330 of the Welfare and Institutions Code, shall release information about the patient to governmental law enforcement agencies. The physician in charge of the patient, or the professional person in charge of the facility or his or her designee, when he or she has probable cause to believe that a patient, while hospitalized has committed, or has been the victim of assault or battery may release information about the patient to governmental law enforcement agencies. This section shall be limited solely to information directly relating to the factual circumstances of the commission of the enumerated offenses and shall not include any information relating to the mental state of the patient or the circumstances of his or her voluntary or involuntary admission, commitment, or treatment. This section shall not be construed as an exception to or in any other way affecting the provisions of Article 7 (commencing with Section 1010) of Chapter 4 of Division 8 of the Evidence Code. (Amended by Stats. 2010, Ch. 178, Sec. 101. (SB 1115) Effective January 1, 2011. Operative January 1, 2012, by Sec. 107 of Ch. 178.)
  106. 5328.5.

    ## 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 7. Legal and Civil Rights of Persons Involuntarily Detained [5325 - 5337] ( Article 7 added by Stats. 1967, Ch. 1667. )

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    Information and records described in Section 5328 may be disclosed for communications about preventing, investigating, or treating elder abuse or dependent adult 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 7. Legal and Civil Rights of Persons Involuntarily Detained [5325 - 5337] ( Article 7 added by Stats. 1967, Ch. 1667. ) ## 5328.5. Information and records described in Section 5328 may be disclosed in communications relating to the prevention, investigation, or treatment of elder abuse or dependent adult abuse pursuant to Chapter 11 (commencing with Section 15600) and Chapter 13 (commencing with Section 15750), of Part 3 of Division 9. (Added by Stats. 1987, Ch. 1166, Sec. 1. Effective September 26, 1987.)
  107. 5328.6.

    ## 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 7. Legal and Civil Rights of Persons Involuntarily Detained [5325 - 5337] ( Article 7 added by Stats. 1967, Ch. 1667. )

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    When an authorized disclosure of patient information or records is made, the physician in charge or the facility’s professional person in charge must promptly record the disclosure details in the patient’s medical record.

    ## 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 7. Legal and Civil Rights of Persons Involuntarily Detained [5325 - 5337] ( Article 7 added by Stats. 1967, Ch. 1667. ) ## 5328.6. When any disclosure of information or records is made as authorized by the provisions of Section 11878 or 11879 of the Health and Safety Code, subdivision (a) or (d) of Section 5328, Sections 5328.1, 5328.3, or 5328.4, the physician in charge of the patient or the professional person in charge of the facility shall promptly cause to be entered into the patient’s medical record: the date and circumstances under which such disclosure was made; the names and relationships to the patient if any, of persons or agencies to whom such disclosure was made; and the specific information disclosed. (Amended by Stats. 1980, Ch. 676, Sec. 333.)
  108. 5328.7.

    ## 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 7. Legal and Civil Rights of Persons Involuntarily Detained [5325 - 5337] ( Article 7 added by Stats. 1967, Ch. 1667. )

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    Patients who sign consent forms must be given a copy of the signed 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 7. Legal and Civil Rights of Persons Involuntarily Detained [5325 - 5337] ( Article 7 added by Stats. 1967, Ch. 1667. ) ## 5328.7. Signed consent forms by a patient for release of any information to which such patient is required to consent under the provisions of Sections 11878 or 11879 of the Health and Safety Code or subdivision (a) or (d) of Section 5328 shall be obtained for each separate use with the use specified, the information to be released, the name of the agency or individual to whom information will be released indicated on the form and the name of the responsible individual who has authorization to release information specified. Any use of this form shall be noted in the patient file. Patients who sign consent forms shall be given a copy of the consent form signed. (Amended by Stats. 1980, Ch. 676, Sec. 334.)
  109. 5328.8.

    ## 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 7. Legal and Civil Rights of Persons Involuntarily Detained [5325 - 5337] ( Article 7 added by Stats. 1967, Ch. 1667. )

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    Certain facilities and officials must give a deceased patient’s medical record to a coroner or similar official on request, and the recipient generally may not disclose information from that record without a court order or other stated authorization.

    ## 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 7. Legal and Civil Rights of Persons Involuntarily Detained [5325 - 5337] ( Article 7 added by Stats. 1967, Ch. 1667. ) ## 5328.8. (a) The State Department of State Hospitals, the physician in charge of the patient, or the professional person in charge of the facility or his or her designee, shall release the patient’s medical record to a medical examiner, forensic pathologist, or coroner, upon request, when a patient dies from any cause, natural or otherwise, while hospitalized in a state mental hospital. Except for the purposes included in paragraph (8) of subdivision (b) of Section 56.10 of the Civil Code, a medical examiner, forensic pathologist, or coroner shall not disclose any information contained in the medical record obtained pursuant to this subdivision without a court order or authorization pursuant to paragraph (4) of subdivision (c) of Section 56.11 of the Civil Code. (b) A health facility, as defined in Section 1250 of the Health and Safety Code, a health or behavioral health facility or clinic, and the physician in charge of the patient shall release the patient’s medical record to a medical examiner, forensic pathologist, or coroner, upon request, when a patient dies from any cause, natural or otherwise. Except for the purposes included in paragraph (8) of subdivision (b) of Section 56.10 of the Civil Code, a medical examiner, forensic pathologist, or coroner shall not disclose any information contained in the medical record obtained pursuant to this subdivision without a court order or authorization pursuant to paragraph (4) of subdivision (c) of Section 56.11 of the Civil Code. (c) For purposes of this section, a reference to a “medical examiner, forensic pathologist, or coroner” means a coroner or deputy coroner, as described in subdivision (c) of Section 830.35 of the Penal Code, or a licensed physician who currently performs official autopsies on behalf of a county coroner’s office or a medical examiner’s office, whether as a government employee or under contract to that office. (Amended by Stats. 2016, Ch. 690, Sec. 3. (AB 2119) Effective January 1, 2017.)
  110. 5328.9.

    ## 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 7. Legal and Civil Rights of Persons Involuntarily Detained [5325 - 5337] ( Article 7 added by Stats. 1967, Ch. 1667. )

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    A patient's hospital records must be sent to the employer's qualified physician or psychiatrist if the patient requests it, unless release is judged contrary to the patient's best interest.

    ## 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 7. Legal and Civil Rights of Persons Involuntarily Detained [5325 - 5337] ( Article 7 added by Stats. 1967, Ch. 1667. ) ## 5328.9. If at such time as a patient’s hospital records are required by an employer to whom the patient has applied for employment, such records shall be forwarded to a qualified physician or psychiatrist representing the employer upon the request of the patient unless the physician or administrative officer responsible for the patient deems the release of such records contrary to the best interest of the patient. If the physician or administrative officer responsible for a patient deems the release of such records contrary to the best interest of the patient, he shall notify the patient within five days. In the event that the disclosure of the patient’s records to the patient himself would not serve his best interests, the physician or administrative officer in question shall render formal notice of his decision to the superior court of the county in which the patient resides. (Added by Stats. 1972, Ch. 1058.)
  111. 5329.

    ## 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 7. Legal and Civil Rights of Persons Involuntarily Detained [5325 - 5337] ( Article 7 added by Stats. 1967, Ch. 1667. )

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    This section says the chapter cannot be read to stop statistical data from being compiled and published for government or research use, as long as it follows standards set by the Director of State Hospitals.

    ## 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 7. Legal and Civil Rights of Persons Involuntarily Detained [5325 - 5337] ( Article 7 added by Stats. 1967, Ch. 1667. ) ## 5329. Nothing in this chapter shall be construed to prohibit the compilation and publication of statistical data for use by government or researchers under standards set by the Director of State Hospitals. (Amended by Stats. 2012, Ch. 440, Sec. 64. (AB 1488) Effective September 22, 2012.)
  112. 5330.

    ## 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 7. Legal and Civil Rights of Persons Involuntarily Detained [5325 - 5337] ( Article 7 added by Stats. 1967, Ch. 1667. )

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    A person may sue for wrongful release of confidential information or records, and the court may award set damages, actual damages, injunction relief, court costs, and reasonable attorney’s fees.

    ## 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 7. Legal and Civil Rights of Persons Involuntarily Detained [5325 - 5337] ( Article 7 added by Stats. 1967, Ch. 1667. ) ## 5330. (a) Any person may bring an action against an individual who has willfully and knowingly released confidential information or records concerning him or her in violation of this chapter, or of Chapter 1 (commencing with Section 11860) of Part 3 of Division 10.5 of the Health and Safety Code, for the greater of the following amounts: (1) Ten thousand dollars ($10,000). (2) Three times the amount of actual damages, if any, sustained by the plaintiff. (b) Any person may bring an action against an individual who has negligently released confidential information or records concerning him or her in violation of this chapter, or of Chapter 1 (commencing with Section 11860) of Part 3 of Division 10.5 of the Health and Safety Code, for both of the following: (1) One thousand dollars ($1,000). In order to recover under this paragraph, it shall not be a prerequisite that the plaintiff suffer or be threatened with actual damages. (2) The amount of actual damages, if any, sustained by the plaintiff. (c) Any person may, in accordance with Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure, bring an action to enjoin the release of confidential information or records in violation of this chapter, and may in the same action seek damages as provided in this section. (d) In addition to the amounts specified in subdivisions (a) and (b), the plaintiff shall recover court costs and reasonable attorney’s fees as determined by the court. (Amended by Stats. 1998, Ch. 738, Sec. 1. Effective September 22, 1998.)
  113. 5331.

    ## 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 7. Legal and Civil Rights of Persons Involuntarily Detained [5325 - 5337] ( Article 7 added by Stats. 1967, Ch. 1667. )

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    People cannot be presumed incompetent just because they were evaluated or treated for mental disorder or chronic alcoholism. Certain people leaving a mental health facility must be given a statement of California law, and discharged state-hospital patients may request one unless found incompetent in conservatorship or guardianship proceedings.

    ## 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 7. Legal and Civil Rights of Persons Involuntarily Detained [5325 - 5337] ( Article 7 added by Stats. 1967, Ch. 1667. ) ## 5331. No person may be presumed to be incompetent because he or she has been evaluated or treated for mental disorder or chronic alcoholism, regardless of whether such evaluation or treatment was voluntarily or involuntarily received. Any person who leaves a public or private mental health facility following evaluation or treatment for mental disorder or chronic alcoholism, regardless of whether that evaluation or treatment was voluntarily or involuntarily received, shall be given a statement of California law as stated in this paragraph. Any person who has been, or is, discharged from a state hospital and received voluntary or involuntary treatment under former provisions of this code relating to inebriates or the mentally ill shall, upon request to the state hospital executive director or the State Department of State Hospitals, be given a statement of California law as stated in this section unless the person is found to be incompetent under proceedings for conservatorship or guardianship. (Amended by Stats. 2012, Ch. 24, Sec. 128. (AB 1470) Effective June 27, 2012.)
  114. 5332.

    ## 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 7. Legal and Civil Rights of Persons Involuntarily Detained [5325 - 5337] ( Article 7 added by Stats. 1967, Ch. 1667. )

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    This section allows antipsychotic medication for detained persons in specified detention statuses, but refusal and emergency rules limit when it can be given.

    ## 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 7. Legal and Civil Rights of Persons Involuntarily Detained [5325 - 5337] ( Article 7 added by Stats. 1967, Ch. 1667. ) ## 5332. (a) Antipsychotic medication, as defined in subdivision (l) of Section 5008, may be administered to any person subject to detention pursuant to Section 5150, 5250, 5260, 5270.15, or 5270.70, if that person does not refuse that medication following disclosure of the right to refuse medication as well as information required to be given to persons pursuant to subdivision (e) of Section 5152 and subdivision (b) of Section 5213. (b) If any person subject to detention pursuant to Section 5150, 5250, 5260, 5270.15, or 5270.70, and for whom antipsychotic medication has been prescribed, orally refuses or gives other indication of refusal of treatment with that medication, the medication shall be administered only when treatment staff have considered and determined that treatment alternatives to involuntary medication are unlikely to meet the needs of the patient, and upon a determination of that person’s incapacity to refuse the treatment, in a hearing held for that purpose. (c) Each hospital in conjunction with the hospital medical staff or any other treatment facility in conjunction with its clinical staff shall develop internal procedures for facilitating the filing of petitions for capacity hearings and other activities required pursuant to this chapter. (d) When a person is subject to detention pursuant to Section 5150, 5250, 5260, 5270.15, or 5270.70, the agency or facility providing the treatment shall acquire the person’s medication history, if possible. (e) In the case of an emergency, as defined in subdivision (m) of Section 5008, a person detained pursuant to Section 5150, 5250, 5260, 5270.15, or 5270.70 may be treated with antipsychotic medication over the person’s objection prior to a capacity hearing, but only with antipsychotic medication that is required to treat the emergency condition, which shall be provided in the manner least restrictive to the personal liberty of the patient. It is not necessary for harm to take place or become unavoidable prior to intervention. (Amended by Stats. 2024, Ch. 643, Sec. 2. (SB 1184) Effective January 1, 2025.)
  115. 5333.

    ## 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 7. Legal and Civil Rights of Persons Involuntarily Detained [5325 - 5337] ( Article 7 added by Stats. 1967, Ch. 1667. )

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    People subject to a capacity hearing have a right to an advocate or lawyer, and the filing notice must be delivered and explained to them.

    ## 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 7. Legal and Civil Rights of Persons Involuntarily Detained [5325 - 5337] ( Article 7 added by Stats. 1967, Ch. 1667. ) ## 5333. (a) Persons subject to capacity hearings pursuant to Section 5332 shall have a right to representation by an advocate or legal counsel. “Advocate,” as used in this section, means a person who is providing mandated patients’ rights advocacy services pursuant to Chapter 6.2 (commencing with Section 5500), and this chapter. If the State Department of State Hospitals provides training to patients’ rights advocates, that training shall include issues specific to capacity hearings. (b) Petitions for capacity hearings pursuant to Section 5332 shall be filed with the superior court. The director of the treatment facility or his or her designee shall personally deliver a copy of the notice of the filing of the petition for a capacity hearing to the person who is the subject of the petition. (c) The mental health professional delivering the copy of the notice of the filing of the petition to the court for a capacity hearing shall, at the time of delivery, inform the person of his or her legal right to a capacity hearing, including the right to the assistance of the patients’ rights advocate or an attorney to prepare for the hearing and to answer any questions or concerns. (d) As soon after the filing of the petition for a capacity hearing is practicable, an attorney or a patients’ rights advocate shall meet with the person to discuss the capacity hearing process and to assist the person in preparing for the capacity hearing and to answer questions or to otherwise assist the person, as is appropriate. (Amended by Stats. 2012, Ch. 24, Sec. 129. (AB 1470) Effective June 27, 2012.)
  116. 5334.

    ## 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 7. Legal and Civil Rights of Persons Involuntarily Detained [5325 - 5337] ( Article 7 added by Stats. 1967, Ch. 1667. )

    Verify source ↗

    This section sets tight deadlines and procedures for capacity hearings, requires notice to the person and counsel, allows some remote hearings, and gives the person a right to appeal.

    ## 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 7. Legal and Civil Rights of Persons Involuntarily Detained [5325 - 5337] ( Article 7 added by Stats. 1967, Ch. 1667. ) ## 5334. (a) (1) Capacity hearings required by Section 5332 shall be heard within 24 hours of the filing of the petition whenever possible. However, if any party needs additional time to prepare for the hearing, the hearing shall be postponed for 24 hours. In case of hardship, hearings may also be postponed for an additional 24 hours, pursuant to local policy developed by the county mental health director and the presiding judge of the superior court regarding the scheduling of hearings. The policy developed pursuant to this subdivision shall specify procedures for the prompt filing and processing of petitions to ensure that the deadlines set forth in this section are met, and shall take into consideration the availability of advocates and the treatment needs of the patient. In no event shall hearings be held beyond 72 hours of the filing of the petition. The person who is the subject of the petition and the person’s advocate or counsel shall receive a copy of the petition at the time it is filed. (2) (A) Under exigent circumstances, upon the filing of a petition for a hearing to determine a person’s capacity to refuse treatment with antipsychotic medication and an attestation of exigent circumstances being documented in a person’s medical record pursuant to subdivision (b) of Section 5336, a hearing shall be held to determine the person’s capacity to refuse treatment with antipsychotic medication on an expedited basis and as soon as reasonably practicable. (B) This paragraph shall be inoperative on January 1, 2030. (b) (1) Capacity hearings shall be held in an appropriate location at the facility where the person is receiving treatment, and shall be held in a manner compatible with, and the least disruptive of, the treatment being provided to the person. (2) Subject to any applicable rules of court, a capacity hearing may be conducted by remote means in an appropriate location at the facility where the person is receiving treatment as authorized pursuant to Section 367.76 of the Code of Civil Procedure, so long as the hearing would be compatible with, and be the least disruptive of, the treatment being provided to the person, as required by paragraph (1). (c) Capacity hearings shall be conducted by a superior court judge, a court-appointed commissioner or referee, or a court-appointed hearing officer. All commissioners, referees, and hearing officers shall be appointed by the superior court from a list of attorneys unanimously approved by a panel composed of the local mental health director, the county public defender, and the county counsel or district attorney designated by the county board of supervisors. No employee of the county mental health program or of any facility designated by the county and approved by the department as a facility for 72-hour treatment and evaluation may serve as a hearing officer. All hearing officers shall receive training in the issues specific to capacity hearings. (d) The person who is the subject of the capacity hearing shall be given oral notification of the determination at the conclusion of the capacity hearing. As soon thereafter as is practicable, the person, the person’s counsel or advocate, and the director of the facility where the person is receiving treatment shall be provided with written notification of the capacity determination, which shall include a statement of the evidence relied upon and the reasons for the determination. A copy of the determination shall be submitted to the superior court. (e) (1) The person who is the subject of the capacity hearing may appeal the determination to the superior court or the court of appeal. (2) The person who filed the original petition for a capacity hearing may request the district attorney or county counsel in the county where the person is receiving treatment to appeal the determination to the superior court or the court of appeal, on behalf of the state. (3) Nothing shall prohibit treatment from being initiated pending appeal of a determination of incapacity pursuant to this section. (4) Nothing in this section shall be construed to preclude the right of a person to bring a writ of habeas corpus pursuant to Section 5275, subject to the provisions of this chapter. (f) All appeals to the superior court pursuant to this section shall be subject to de novo review. (Amended by Stats. 2024, Ch. 643, Sec. 3. (SB 1184) Effective January 1, 2025.)
  117. 5336.

    ## 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 7. Legal and Civil Rights of Persons Involuntarily Detained [5325 - 5337] ( Article 7 added by Stats. 1967, Ch. 1667. )

    Verify source ↗

    This section lets a treating physician seek a hearing to renew a capacity determination about refusing antipsychotic medication, and it requires expedited hearings and reporting when exigent circumstances are 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 7. Legal and Civil Rights of Persons Involuntarily Detained [5325 - 5337] ( Article 7 added by Stats. 1967, Ch. 1667. ) ## 5336. (a) (1) A determination that a person does not have the capacity to refuse treatment with antipsychotic medication made pursuant to Section 5334 during the detention period described in Section 5150 or 5250 shall remain in effect for the duration of the detention period described in Section 5150, and for the duration of the detention period described in Section 5250, or for the duration of both periods together. (2) Unless otherwise specified, and except as applied to Sections 5150 and 5250, a treating physician may request a hearing for a new determination of a person’s capacity to refuse treatment with antipsychotic medication, to be made pursuant to Section 5334, at any time in the 48 hours prior to the end of the duration of the current detention period when it reasonably appears to the treating physician that it is necessary for the person to be detained for a subsequent detention period and the person’s capacity has not been restored according to standards developed pursuant to subdivision (c) of Section 5332. (3) A determination that a person does not have the capacity to refuse treatment with antipsychotic medication pursuant to this section remains in effect until one of the following occurs, whichever occurs first in time: (A) In the judgment of the person’s treating physician, the person’s capacity has been restored or the person no longer meets the criteria for involuntary detention, according to standards developed pursuant to subdivision (c) of Section 5332. (B) The court or hearing officer determines that the person’s capacity to refuse treatment with antipsychotic medication is restored. (C) The time limit for the detention period described in Section 5150, Section 5250, or for the detention period of both periods together, expires. (b) (1) Under exigent circumstances, an order for treatment with antipsychotic medication made pursuant to Section 5332 shall remain in effect at the beginning of a detention period described in Section 5260, 5270.15, or 5270.70, provided that a petition for a new determination on the question of capacity has been filed pursuant to Section 5334, and shall remain in effect until a hearing on that petition for that detention period is held under the exigent circumstances described by this subdivision and a decision is issued as set forth in Section 5334. (2) Upon receipt of a petition for a hearing to determine a person’s capacity to refuse treatment with antipsychotic medication and attestation of exigent circumstances being documented in the person’s medical record pursuant to this subdivision, a hearing shall be held on an expedited basis to determine the person’s capacity to refuse treatment with antipsychotic medication as soon as reasonably practicable and within 24 hours. (3) In any case where an attestation of exigent circumstances is documented in the person’s medical record pursuant to this subdivision and an order for treatment with antipsychotic medication made pursuant to Section 5332 remains in effect, the facility where the person is receiving treatment shall report all of the following to the county behavioral health director in the county in which they operate, in a form and manner and in accordance with timelines prescribed by the county behavioral health director: (A) The date and time when the physician or facility originally filed a petition with the superior court to request a hearing to determine a person’s capacity to refuse treatment with antipsychotic medication under this section. (B) The date when the applicable detention period described in paragraph (1) was scheduled to expire prior to the attestation described in subparagraph (C) of paragraph (6) being documented in the person’s medical record. (C) The date and time when the attestation of exigent circumstances was documented in the person’s medical record, as described in subparagraph (C) of paragraph (6). (D) The reason for the delay of the originally requested capacity hearing, if known, including, but not limited to, the lack of timely scheduling of the hearing, the unavailability of a hearing officer, the unavailability of an attorney or patients’ rights advocate to represent the person subject to the petition, court closure, the unavailability of remote hearing technology, the unavailability of the person subject to the petition, or the unavailability of facility staff to present the reasons for the petition. (E) The date and time when the capacity hearing was held on an expedited basis. (4) (A) County behavioral health directors shall provide the information specified in paragraph (3) to the State Department of Health Care Services. (B) Each May 1, beginning May 1, 2026, the State Department of Health Care Services shall compile the information it receives from county behavioral health directors pursuant to this paragraph during the prior calendar year, as well as information about the county where the facility that submitted the information is located, and report the information pursuant to the requirements of Section 5402. (5) This subdivision does not apply to a person whose capacity has been restored according to standards developed pursuant to subdivision (c) of Section 5332 or affect the requirement that a hearing be conducted to determine a person’s capacity to refuse treatment with antipsychotic medication within the applicable time limits specified in subdivision (a) of Section 5334, other than to require that such a hearing is held on an expedited basis. (6) In order for there to be exigent circumstances necessitating an expedited hearing pursuant to this subdivision, all of the following must be true: (A) A petition for a new determination on the question of capacity pursuant to Section 5334 has been filed prior to the expiration of the current order and in a period of time that provides a reasonable opportunity for a hearing to be held prior to the expiration of the current order and at least eight hours prior to the order’s expiration. (B) There has been a delay in a hearing to determine a person’s capacity to refuse treatment with antipsychotic medication made pursuant to Section 5334, creating a risk that the existing capacity determination may expire before a new capacity determination is made. (C) The person’s treating physician documents in a written attestation of exigent circumstances, which shall be maintained in the person’s medical record, that one of the following would likely occur if there were a lapse in the person’s treatment with antipsychotic medication: (i) An emergency, as defined in subdivision (m) of Section 5008. (ii) A serious deterioration or decompensation of the person’s mental health condition that could result in significant harm to the person based upon the facts of the person’s individual circumstances, which the treating physician documents in their written attestation of exigent circumstances. (D) The extension of treatment with antipsychotic medication until a new capacity hearing is held on the basis of an attestation of exigent circumstances described in this subdivision shall be invoked for a person only one time during the applicable detention period covered by the existing capacity determination. (7) This subdivision shall be inoperative on January 1, 2030. (Amended by Stats. 2024, Ch. 643, Sec. 4. (SB 1184) Effective January 1, 2025.)
  118. 5337.

    ## 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 7. Legal and Civil Rights of Persons Involuntarily Detained [5325 - 5337] ( Article 7 added by Stats. 1967, Ch. 1667. )

    Verify source ↗

    People determined to be a danger to others at a certification review hearing may file a petition for post certification under Article 6, despite Section 5257.

    ## 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 7. Legal and Civil Rights of Persons Involuntarily Detained [5325 - 5337] ( Article 7 added by Stats. 1967, Ch. 1667. ) ## 5337. Notwithstanding Section 5257, nothing shall prohibit the filing of a petition for post certification pursuant to Article 6 (commencing with Section 5300) for persons who have been determined to be a danger to others at a certification review hearing. (Added by Stats. 1991, Ch. 681, Sec. 7.)
  119. 5340.

    ## 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 8. Community Controlled Substances Treatment Services [5340 - 5344] ( Heading of Article 8 amended by Stats. 1984, Ch. 1635, Sec. 98. )

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    The article says its purpose is to provide legal procedures for custody, evaluation, and treatment of users of controlled substances.

    ## 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 8. Community Controlled Substances Treatment Services [5340 - 5344] ( Heading of Article 8 amended by Stats. 1984, Ch. 1635, Sec. 98. ) ## 5340. It is the intention of the Legislature by enacting this article to provide legal procedures for the custody, evaluation, and treatment of users of controlled substances. The enactment of this article shall not be construed to be evidence that a person subject to its provisions is has a mental health disorder, or evidence that the Legislature considers that those persons have a mental health disorder. (Amended by Stats. 2014, Ch. 144, Sec. 93. (AB 1847) Effective January 1, 2015.)
  120. 5341.

    ## 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 8. Community Controlled Substances Treatment Services [5340 - 5344] ( Heading of Article 8 amended by Stats. 1984, Ch. 1635, Sec. 98. )

    Verify source ↗

    This section defines “controlled substances” for this article as the substances referred to in Division 10 of the Health and Safety 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 2. Involuntary Treatment [5150 - 5349.1] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 8. Community Controlled Substances Treatment Services [5340 - 5344] ( Heading of Article 8 amended by Stats. 1984, Ch. 1635, Sec. 98. ) ## 5341. As used in this article, “controlled substances” means those substances referred to in Division 10 (commencing with Section 11000) of the Health and Safety Code. (Repealed and added by Stats. 1984, Ch. 1635, Sec. 101.)
  121. 5342.

    ## 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 8. Community Controlled Substances Treatment Services [5340 - 5344] ( Heading of Article 8 amended by Stats. 1984, Ch. 1635, Sec. 98. )

    Verify source ↗

    This section says that a specific phrase in related sections must be read as referring to controlled-substance-related danger or grave disability, not mental-disorder-based danger or 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 8. Community Controlled Substances Treatment Services [5340 - 5344] ( Heading of Article 8 amended by Stats. 1984, Ch. 1635, Sec. 98. ) ## 5342. Where other applicable sections of this part contain the phrase “a danger to himself or herself or others, or gravely disabled,” such sections shall be deemed to refer to the condition of danger to self or others or grave disability as a result of the use of controlled substances, rather than by mental disorder, as such. (Amended by Stats. 1984, Ch. 1635, Sec. 102.)
  122. 5343.

    ## 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 8. Community Controlled Substances Treatment Services [5340 - 5344] ( Heading of Article 8 amended by Stats. 1984, Ch. 1635, Sec. 98. )

    Verify source ↗

    People who are dangerous to others or themselves, or gravely disabled because of controlled substance use, are subject to specified involuntary treatment provisions, with any custody, evaluation, treatment, or related procedure limited to the controlled substance problem.

    ## 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 8. Community Controlled Substances Treatment Services [5340 - 5344] ( Heading of Article 8 amended by Stats. 1984, Ch. 1635, Sec. 98. ) ## 5343. Notwithstanding any other provision of law, if any person is a danger to others or to himself or herself, or gravely disabled, as a result of the use of controlled substances, he or she shall be subject, insofar as possible, to the provisions of Articles 1 (commencing with Section 5150), 2 (commencing with Section 5200), 4 (commencing with Section 5250), 5 (commencing with Section 5275), and 7 (commencing with Section 5325) of this chapter, except that any custody, evaluation and treatment, or any procedure pursuant to such provisions shall only be related to and concerned with the problem of the person’s use of controlled substances. (Amended by Stats. 1984, Ch. 1635, Sec. 103.)
  123. 5344.

    ## 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 8. Community Controlled Substances Treatment Services [5340 - 5344] ( Heading of Article 8 amended by Stats. 1984, Ch. 1635, Sec. 98. )

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    A person may not be admitted to a state hospital for care and treatment of controlled substance use until screening and referral by a designated county Short-Doyle 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 2. Involuntary Treatment [5150 - 5349.1] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 8. Community Controlled Substances Treatment Services [5340 - 5344] ( Heading of Article 8 amended by Stats. 1984, Ch. 1635, Sec. 98. ) ## 5344. Any expenditure for the custody, evaluation, treatment, or other procedures for services rendered a person pursuant to this article shall be considered an expenditure made under the provisions of Part 2 (commencing with Section 5600) of this division, and shall be paid as are other expenditures pursuant to that part. No person shall be admitted to a state hospital for care and treatment of his or her use of controlled substances prior to screening and referral by an agency designated in the county Short-Doyle plan to provide the services. (Amended by Stats. 1984, Ch. 1635, Sec. 104.)
  124. 5345.

    ## 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 9. The Assisted Outpatient Treatment Demonstration Project Act of 2002 [5345 - 5349.1] ( Article 9 added by Stats. 2002, Ch. 1017, Sec. 2. )

    Verify source ↗

    This article is known as Laura’s Law, and “assisted outpatient treatment” means court-ordered outpatient services under Sections 5346 or 5347.

    ## 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 9. The Assisted Outpatient Treatment Demonstration Project Act of 2002 [5345 - 5349.1] ( Article 9 added by Stats. 2002, Ch. 1017, Sec. 2. ) ## 5345. (a) This article shall be known, and may be cited, as Laura’s Law. (b) “Assisted outpatient treatment” shall be defined as categories of outpatient services that have been ordered by a court pursuant to Section 5346 or 5347. (Added by Stats. 2002, Ch. 1017, Sec. 2. Effective January 1, 2003.)
  125. 5346.

    ## 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 9. The Assisted Outpatient Treatment Demonstration Project Act of 2002 [5345 - 5349.1] ( Article 9 added by Stats. 2002, Ch. 1017, Sec. 2. )

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    A court may order assisted outpatient treatment if the statutory criteria are met and no suitable less restrictive alternative 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 9. The Assisted Outpatient Treatment Demonstration Project Act of 2002 [5345 - 5349.1] ( Article 9 added by Stats. 2002, Ch. 1017, Sec. 2. ) ## 5346. (a) In any county or group of counties where services are available as provided in Section 5348, a court may order a person who is the subject of a petition filed pursuant to this section to obtain assisted outpatient treatment if the court finds, by clear and convincing evidence, that the facts stated in the verified petition filed in accordance with this section are true and establish that all of the requisite criteria set forth in this section are met, including, but not limited to, each of the following: (1) The person is 18 years of age or older. (2) The person is experiencing a mental illness as defined in paragraphs (2) and (3) of subdivision (b) of Section 5600.3. (3) There has been a clinical determination that, in view of the person’s treatment history and current behavior, at least one of the following is true: (A) The person is unlikely to survive safely in the community without supervision and the person’s condition is substantially deteriorating. (B) The person is in need of assisted outpatient treatment in order to prevent a relapse or deterioration that would be likely to result in grave disability or serious harm to the person or to others, as defined in Section 5150. (4) The person has a history of lack of compliance with treatment for the person’s mental illness, in that at least one of the following is true: (A) The person’s mental illness has, at least twice within the last 36 months, been a substantial factor in necessitating hospitalization, or receipt of services in a forensic or other mental health unit of a state correctional facility or local correctional facility, not including any period during which the person was hospitalized or incarcerated immediately preceding the filing of the petition. (B) The person’s mental illness has resulted in one or more acts of serious and violent behavior toward themselves or another, or threats, or attempts to cause serious physical harm to themselves or another within the last 48 months, not including any period in which the person was hospitalized or incarcerated immediately preceding the filing of the petition. (5) The person has been offered an opportunity to participate in a treatment plan by the director of the local mental health department, or the director’s designee, provided the treatment plan includes all of the services described in Section 5348, and the person continues to fail to engage in treatment. (6) Participation in the assisted outpatient treatment program would be the least restrictive placement necessary to ensure the person’s recovery and stability. (7) It is likely that the person will benefit from assisted outpatient treatment. (b) (1) A petition for an order authorizing assisted outpatient treatment may be filed by the county behavioral health director, or the director’s designee, in the superior court in the county in which the person who is the subject of the petition is present or reasonably believed to be present. (2) A request may be made only by any of the following persons to the county mental health department for the filing of a petition to obtain an order authorizing assisted outpatient treatment: (A) A person 18 years of age or older with whom the person who is the subject of the petition resides. (B) A person who is the parent, spouse, or sibling or child 18 years of age or older of the person who is the subject of the petition. (C) The director of a public or private agency, treatment facility, charitable organization, or licensed residential care facility providing mental health services to the person who is the subject of the petition in whose institution the subject of the petition resides. (D) The director of a hospital in which the person who is the subject of the petition is hospitalized. (E) A licensed mental health treatment provider who is either supervising the treatment of, or treating for a mental illness, the person who is the subject of the petition. (F) A peace officer, parole officer, or probation officer assigned to supervise the person who is the subject of the petition. (G) A judge of a superior court before whom the person who is the subject of the petition appears. (3) Upon receiving a request pursuant to paragraph (2), the county behavioral health director shall conduct an investigation into the appropriateness of filing of the petition. The director shall file the petition only if the director determines that there is a reasonable likelihood that all the necessary elements to sustain the petition can be proven in a court of law by clear and convincing evidence. (4) The petition shall state all of the following: (A) Each of the criteria for assisted outpatient treatment as set forth in subdivision (a). (B) Facts that support the petitioner’s belief that the person who is the subject of the petition meets each criterion, provided that the hearing on the petition shall be limited to the stated facts in the verified petition, and the petition contains all the grounds on which the petition is based, in order to ensure adequate notice to the person who is the subject of the petition and that person’s counsel. (C) That the person who is the subject of the petition is present, or is reasonably believed to be present, within the county where the petition is filed. (D) That the person who is the subject of the petition has the right to be represented by counsel in all stages of the proceeding under the petition, in accordance with subdivision (c). (5) (A) The petition shall be accompanied by an affidavit of a licensed mental health treatment provider designated by the local mental health director who shall state, if applicable, either of the following: (i) That the licensed mental health treatment provider has personally examined the person who is the subject of the petition no more than 10 days prior to the submission of the petition, the facts and reasons why the person who is the subject of the petition meets the criteria in subdivision (a), that the licensed mental health treatment provider recommends assisted outpatient treatment for the person who is the subject of the petition, and that the licensed mental health treatment provider is willing and able to testify at the hearing on the petition. (ii) That, no more than 10 days prior to the filing of the petition, the licensed mental health treatment provider, or the provider’s designee, has made appropriate attempts to elicit the cooperation of the person who is the subject of the petition, but has not been successful in persuading that person to submit to an examination, that the licensed mental health treatment provider has reason to believe that the person who is the subject of the petition meets the criteria for assisted outpatient treatment, and that the licensed mental health treatment provider is willing and able to examine the person who is the subject of the petition and testify at the hearing on the petition. (B) An examining mental health professional in their affidavit to the court shall address the issue of whether the defendant has capacity to give informed consent regarding psychotropic medication. (c) The person who is the subject of the petition shall have the right to be represented by counsel at all stages of a proceeding commenced under this section. If the person so elects, the court shall immediately appoint the public defender or other attorney to assist the person in all stages of the proceedings. The person shall pay the cost of the legal services if able to do so. (d) (1) Upon receipt by the court of a petition submitted pursuant to subdivision (b), the court shall fix the date for a hearing at a time not later than five days from the date the petition is received by the court, excluding Saturdays, Sundays, and holidays. The petitioner shall promptly cause service of a copy of the petition, together with written notice of the hearing date, to be made personally on the person who is the subject of the petition, and shall send a copy of the petition and notice to the county office of patient rights, and to the current health care provider appointed for the person who is the subject of the petition, if the provider is known to the petitioner. Continuances shall be permitted only for good cause shown. In granting continuances, the court shall consider the need for further examination by a physician or the potential need to provide expeditiously assisted outpatient treatment. Upon the hearing date, or upon any other date or dates to which the proceeding may be continued, the court shall hear testimony. If it is deemed advisable by the court, and if the person who is the subject of the petition is available and has received notice pursuant to this section, the court may examine in or out of court the person who is the subject of the petition who is alleged to be in need of assisted outpatient treatment. If the person who is the subject of the petition does not appear at the hearing, and appropriate attempts to elicit the attendance of the person have failed, the court may conduct the hearing in the person’s absence. If the hearing is conducted without the person present, the court shall set forth the factual basis for conducting the hearing without the person’s presence. The person who is the subject of the petition shall maintain the right to appear before the court in person, but may appear by videoconferencing means if they choose to do so. (2) The court shall not order assisted outpatient treatment unless an examining licensed mental health treatment provider, who has personally examined, and has reviewed the available treatment history of, the person who is the subject of the petition within the time period commencing 10 days before the filing of the petition, testifies at the hearing. An examining mental health professional may appear before the court by videoconferencing means. (3) If the person who is the subject of the petition has refused to be examined by a licensed mental health treatment provider, the court may request that the person consent to an examination by a licensed mental health treatment provider appointed by the court. If the person who is the subject of the petition does not consent and the court finds reasonable cause to believe that the allegations in the petition are true, the court may order any person designated under Section 5150 to take into custody the person who is the subject of the petition and transport the person, or cause the person to be transported, to a hospital for examination by a licensed mental health treatment provider as soon as is practicable. Detention of the person who is the subject of the petition under the order may not exceed 72 hours. If the examination is performed by another licensed mental health treatment provider, the examining licensed mental health treatment provider may consult with the licensed mental health treatment provider whose affirmation or affidavit accompanied the petition regarding the issues of whether the allegations in the petition are true and whether the person meets the criteria for assisted outpatient treatment. (4) The person who is the subject of the petition shall have all of the following rights: (A) To adequate notice of the hearings to the person who is the subject of the petition, as well as to parties designated by the person who is the subject of the petition. (B) To receive a copy of the court-ordered evaluation. (C) To counsel. If the person has not retained counsel, the court shall appoint a public defender. (D) To be informed of the right to judicial review by habeas corpus. (E) To be present at the hearing unless the person waives the right to be present. (F) To present evidence. (G) To call witnesses on the person’s behalf. (H) To cross-examine witnesses. (I) To appeal decisions, and to be informed of the right to appeal. (5) (A) If, after hearing all relevant evidence, the court finds that the person who is the subject of the petition does not meet the criteria for assisted outpatient treatment, the court shall dismiss the petition. (B) If, after hearing all relevant evidence, the court finds that the person who is the subject of the petition meets the criteria for assisted outpatient treatment, and there is no appropriate and feasible less restrictive alternative, the court may order the person who is the subject of the petition to receive assisted outpatient treatment for an initial period not to exceed six months. In fashioning the order, the court shall specify that the proposed treatment is the least restrictive treatment appropriate and feasible for the person who is the subject of the petition. The order shall state the categories of assisted outpatient treatment, as set forth in Section 5348, that the person who is the subject of the petition is to receive, and the court may not order treatment that has not been recommended by the examining licensed mental health treatment provider and included in the written treatment plan for assisted outpatient treatment as required by subdivision (e). If the person has executed an advance health care directive pursuant to Chapter 2 (commencing with Section 4650) of Part 1 of Division 4.7 of the Probate Code, any directions included in the advance health care directive shall be considered in formulating the written treatment plan. (C) The court may conduct status hearings with the person and the treatment team to receive information regarding progress related to the categories of treatment listed in the treatment plan and may inquire about medication adherence. (6) If the person who is the subject of a petition for an order for assisted outpatient treatment pursuant to subparagraph (B) of paragraph (5) refuses to participate in the assisted outpatient treatment program, the court may order the person to meet with the assisted outpatient treatment team designated by the director of the assisted outpatient treatment program. The treatment team shall attempt to gain the person’s cooperation with treatment ordered by the court. The person may be subject to a 72-hour hold pursuant to subdivision (f) only after the treatment team has attempted to gain the person’s cooperation with treatment ordered by the court, and has been unable to do so. (e) Assisted outpatient treatment shall not be ordered unless the licensed mental health treatment provider recommending assisted outpatient treatment to the court has submitted to the court a written treatment plan that includes services as set forth in Section 5348, and the court finds, in consultation with the county behavioral health director, or the director’s designee, all of the following: (1) That the services are available from the county, or a provider approved by the county, for the duration of the court order. (2) That the services have been offered to the person by the local director of mental health, or the director’s designee, and the person has been given an opportunity to participate on a voluntary basis, and the person has failed to engage in, or has refused, treatment. (3) That all of the elements of the petition required by this article have been met. (4) That the treatment plan will be delivered to the county behavioral health director, or to the director’s appropriate designee. (f) If, in the clinical judgment of a licensed mental health treatment provider, the person who is the subject of the petition has failed or has refused to comply with the treatment ordered by the court, and, in the clinical judgment of the licensed mental health treatment provider, efforts were made to solicit compliance, and, in the clinical judgment of the licensed mental health treatment provider, the person may be in need of involuntary admission to a hospital for evaluation, the provider may request that persons designated under Section 5150 take into custody the person who is the subject of the petition and transport the person, or cause the person to be transported, to a hospital, to be held up to 72 hours for examination by a licensed mental health treatment provider to determine if the person is in need of treatment pursuant to Section 5150. Any continued involuntary retention in a hospital beyond the initial 72-hour period shall be pursuant to Section 5150. If at any time during the 72-hour period the person is determined not to meet the criteria of Section 5150, and does not agree to stay in the hospital as a voluntary patient, the person shall be released and any subsequent involuntary detention in a hospital shall be pursuant to Section 5150. Failure to comply with an order of assisted outpatient treatment alone may not be grounds for involuntary civil commitment or a finding that the person who is the subject of the petition is in contempt of court. (g) If the director of the assisted outpatient treatment program determines that the condition of the patient requires further assisted outpatient treatment, the director shall apply to the court, prior to the expiration of the period of the initial assisted outpatient treatment order, for an order authorizing continued assisted outpatient treatment for a period not to exceed 180 days from the date of the order. The procedures for obtaining an order pursuant to this subdivision shall be in accordance with subdivisions (a) to (f), inclusive. The period for further involuntary outpatient treatment authorized by a subsequent order under this subdivision may not exceed 180 days from the date of the order. (h) (1) At intervals of not less than 60 days during an assisted outpatient treatment order, the director of the outpatient treatment program shall file an affidavit with the court that ordered the outpatient treatment affirming that the person who is the subject of the order continues to meet the criteria for assisted outpatient treatment. At these times, the person who is the subject of the order shall have the right to a hearing on whether or not the person still meets the criteria for assisted outpatient treatment if they disagree with the director’s affidavit. The burden of proof shall be on the director. (2) When making the affidavit pursuant to paragraph (1), the director of the outpatient treatment program shall also report to the court on adherence to prescribed medication. (i) During each 60-day period specified in subdivision (h), if the person who is the subject of the order believes that they are being wrongfully retained in the assisted outpatient treatment program against their wishes, the person may file a petition for a writ of habeas corpus, thus requiring the director of the assisted outpatient treatment program to prove that the person who is the subject of the order continues to meet the criteria for assisted outpatient treatment. (j) A person ordered to undergo assisted outpatient treatment pursuant to this article, who was not present at the hearing at which the order was issued, may immediately petition the court for a writ of habeas corpus. Treatment under the order for assisted outpatient treatment may not commence until the resolution of that petition. (k) This section shall become operative on July 1, 2021. (Amended by Stats. 2024, Ch. 948, Sec. 15. (AB 2119) Effective January 1, 2025.)
  126. 5346.5.

    ## 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 9. The Assisted Outpatient Treatment Demonstration Project Act of 2002 [5345 - 5349.1] ( Article 9 added by Stats. 2002, Ch. 1017, Sec. 2. )

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    A court may order assisted outpatient treatment for a person subject to a petition if the required 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 9. The Assisted Outpatient Treatment Demonstration Project Act of 2002 [5345 - 5349.1] ( Article 9 added by Stats. 2002, Ch. 1017, Sec. 2. ) ## 5346.5. (a) In a county or group of counties where services are available, as provided in Section 5348, and in accordance with the requirements of Section 5346, a court may order a person who is the subject of a petition filed pursuant to this section to obtain assisted outpatient treatment if the court finds, by clear and convincing evidence, both of the following: (1) The facts stated in the verified petition filed in accordance with this section are true. (2) The person meets the definition of an eligible conservatee as set forth in this section. (b) An “eligible conservatee” is a person who is a conservatee under this part who is the subject of a pending petition to terminate a conservatorship, who meets the criteria of Section 5346, and who, if the petition were granted, would benefit from assisted outpatient treatment to reduce the risk of deteriorating mental health while living independently. (Added by Stats. 2021, Ch. 426, Sec. 2. (SB 507) Effective January 1, 2022.)
  127. 5347.

    ## 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 9. The Assisted Outpatient Treatment Demonstration Project Act of 2002 [5345 - 5349.1] ( Article 9 added by Stats. 2002, Ch. 1017, Sec. 2. )

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    This section lets certain people enter a voluntary service agreement, and it allows settlement of an assisted outpatient treatment hearing if the listed 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 9. The Assisted Outpatient Treatment Demonstration Project Act of 2002 [5345 - 5349.1] ( Article 9 added by Stats. 2002, Ch. 1017, Sec. 2. ) ## 5347. (a) In a county or group of counties where services are available pursuant to Section 5348, a person who is determined by the court to be subject to subdivision (a) of Section 5346 may voluntarily enter into an agreement for services under this section. (b) (1) After a petition for an order for assisted outpatient treatment is filed, but before the conclusion of the hearing on the petition, the person who is the subject of the petition, or the person’s legal counsel with the person’s consent, may waive the right to an assisted outpatient treatment hearing for the purpose of obtaining treatment under a settlement agreement, provided that an examining licensed mental health treatment provider states that the person can survive safely in the community. The settlement agreement may not exceed 180 days in duration and shall be agreed to by all parties. (2) The settlement agreement shall be in writing, be approved by the court, and include a treatment plan developed by the community-based program that will provide services that provide treatment in the least restrictive manner consistent with the needs of the person who is the subject of the petition. (3) Either party may request that the court modify the treatment plan at any time during the 180-day period. (4) The court shall designate the appropriate county department to monitor the person’s treatment under, and compliance with, the settlement agreement. If the person fails to comply with the treatment according to the agreement, the designated county department shall notify the counsel designated by the county and the person’s counsel of the person’s noncompliance. (5) A settlement agreement approved by the court pursuant to this section shall have the same force and effect as an order for assisted outpatient treatment pursuant to Section 5346. (6) At a hearing on the issue of noncompliance with the agreement, the written statement of noncompliance submitted shall be prima facie evidence that a violation of the conditions of the agreement has occurred. If the person who is the subject of the petition denies any of the facts as stated in the statement, they have the burden of proving by a preponderance of the evidence that the alleged facts are false. (c) This section shall become operative on July 1, 2021. (Repealed (in Sec. 3) and added by Stats. 2020, Ch. 140, Sec. 4. (AB 1976) Effective January 1, 2021. Operative July 1, 2021, by its own provisions.)
  128. 5348.

    ## 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 9. The Assisted Outpatient Treatment Demonstration Project Act of 2002 [5345 - 5349.1] ( Article 9 added by Stats. 2002, Ch. 1017, Sec. 2. )

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    Counties that provide assisted outpatient treatment must offer the required services, and the program must include planning, coordination, reporting, and a separate court order for involuntary medication.

    ## 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 9. The Assisted Outpatient Treatment Demonstration Project Act of 2002 [5345 - 5349.1] ( Article 9 added by Stats. 2002, Ch. 1017, Sec. 2. ) ## 5348. (a) For purposes of subdivision (e) of Section 5346, a county or group of counties that chooses to provide assisted outpatient treatment services pursuant to this article shall offer assisted outpatient treatment services, including, but not limited to, all of the following: (1) Community-based, mobile, multidisciplinary, highly trained mental health teams that use high staff-to-client ratios of no more than 10 clients per team member for those subject to court-ordered services pursuant to Section 5346. (2) A service planning and delivery process that includes the following: (A) Determination of the number of persons to be served and the programs and services that will be provided to meet their needs. The local director of mental health shall consult with the sheriff, the police chief, the probation officer, the mental health board, contract agencies, and family, client, ethnic, and citizen constituency groups as determined by the director. (B) Plans for services, including outreach to families whose adult child living with them is experiencing a severe mental health condition, design of mental health services, coordination and access to medications, psychiatric and psychological services, substance use disorder services, supportive housing or other housing assistance, vocational rehabilitation, and veterans’ services. Plans shall also contain evaluation strategies that shall consider cultural, linguistic, gender, age, and special needs of minorities and those based on any characteristic listed or defined in Section 11135 of the Government Code in the target populations. Provision shall be made for staff with the cultural background and linguistic skills necessary to remove barriers to mental health services as a result of having limited-English-speaking ability and cultural differences. Recipients of outreach services may include families, the public, primary care physicians, and others who are likely to come into contact with individuals who may be experiencing an untreated severe mental illness who would be likely to become homeless if the illness continued to be untreated for a substantial period of time. Outreach to adults may include adults voluntarily or involuntarily hospitalized as a result of a severe mental illness. (C) Provision for services to meet the needs of persons who are physically disabled. (D) Provision for services to meet the special needs of older adults. (E) Provision for family support and consultation services, parenting support and consultation services, and peer support or self-help group support, if appropriate. (F) Provision for services to be client-directed and that employ psychosocial rehabilitation and recovery principles. (G) Provision for psychiatric and psychological services that are integrated with other services and for psychiatric and psychological collaboration in overall service planning. (H) Provision for services specifically directed to young adults 25 years of age or younger who have a serious mental health condition and who are homeless or at significant risk of becoming homeless. These provisions may include continuation of services that still would be received through other funds had eligibility not been terminated as a result of age. (I) Services reflecting special needs of women from diverse cultural backgrounds, including supportive housing that accepts children, personal services coordinator therapeutic treatment, and substance treatment programs that address gender-specific trauma and abuse in the lives of persons with a mental illness, and vocational rehabilitation programs that offer job training programs free of gender bias and sensitive to the needs of women. (J) Provision for housing for clients that is immediate, transitional, permanent, or all of these. (K) Provision for clients who have been experiencing an untreated severe mental illness for less than one year, and who do not require the full range of services, but who are at risk of becoming homeless unless a comprehensive individual and family support services plan is implemented. These clients shall be served in a manner that is designed to meet their needs. (3) Each client shall have a clearly designated mental health personal services coordinator who may be part of a multidisciplinary treatment team that is responsible for providing or ensuring needed services. Responsibilities include complete assessment of the client’s needs, development of the client’s personal services plan, linkage with all appropriate community services, monitoring of the quality and followthrough of services, and necessary advocacy to ensure each client receives those services that are agreed to in the personal services plan. Each client shall participate in the development of their personal services plan, and responsible staff shall consult with the designated conservator, if one has been appointed, and, with the consent of the client, shall consult with the family and other significant persons as appropriate. (4) The individual personal services plan shall ensure that persons subject to assisted outpatient treatment programs receive age-appropriate, gender-appropriate, and culturally appropriate services, to the extent feasible, that are designed to enable recipients to: (A) Live in the most independent, least restrictive housing feasible in the local community, and, for clients with children, to live in a supportive housing environment that strives for reunification with their children or assists clients in maintaining custody of their children, as is appropriate. (B) Engage in the highest level of work or productive activity appropriate to their abilities and experience. (C) Create and maintain a support system consisting of friends, family, and participation in community activities. (D) Access an appropriate level of academic education or vocational training. (E) Obtain an adequate income. (F) Self-manage their illnesses and exert as much control as possible over both the day-to-day and long-term decisions that affect their lives. (G) Access necessary physical health care and maintain the best possible physical health. (H) Reduce or eliminate serious antisocial or criminal behavior, and thereby reduce or eliminate their contact with the criminal justice system. (I) Reduce or eliminate the distress caused by the symptoms of mental illness. (J) Have freedom from dangerous addictive substances. (5) The individual personal services plan shall describe the service array that meets the requirements of paragraph (4) and, to the extent applicable to the individual, the requirements of paragraph (2). (b) A county that provides assisted outpatient treatment services pursuant to this article also shall offer the same services on a voluntary basis. (c) Involuntary medication shall not be allowed absent a separate order by the court pursuant to Sections 5332 to 5336, inclusive. (d) A county that operates an assisted outpatient treatment program pursuant to this article shall provide data to the State Department of Health Care Services and, based on the data, the department shall report to the Legislature on or before May 1 of each year in which the county provides services pursuant to this article. The report shall include, at a minimum, an evaluation of the effectiveness of the strategies employed by each program operated pursuant to this article in reducing homelessness and hospitalization of persons in the program and in reducing involvement with local law enforcement by persons in the program. The evaluation and report shall also include any other measures identified by the department regarding persons in the program and all of the following, based on information that is available: (1) The number of persons served by the program and, of those, the number who are able to maintain housing and the number who maintain contact with the treatment system. (2) The number of persons in the program with contacts with local law enforcement, and the extent to which local and state incarceration of persons in the program has been reduced or avoided. (3) The number of persons in the program participating in employment services programs, including competitive employment. (4) The days of hospitalization of persons in the program that have been reduced or avoided. (5) Adherence to prescribed treatment by persons in the program. (6) Other indicators of successful engagement, if any, by persons in the program. (7) Victimization of persons in the program. (8) Violent behavior of persons in the program. (9) Inappropriate use of substances by persons in the program. (10) Type, intensity, and frequency of treatment of persons in the program. (11) Extent to which enforcement mechanisms are used by the program, when applicable. (12) Social functioning of persons in the program. (13) Skills in independent living of persons in the program. (14) Satisfaction with program services both by those receiving them, and by their families, when relevant. (e) This section shall become operative on July 1, 2021. (Amended by Stats. 2024, Ch. 948, Sec. 16.5. (AB 2119) Effective January 1, 2025.)
  129. 5349.

    ## 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 9. The Assisted Outpatient Treatment Demonstration Project Act of 2002 [5345 - 5349.1] ( Article 9 added by Stats. 2002, Ch. 1017, Sec. 2. )

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    Counties may opt out of this article by resolution, and counties that implement it may use specified funds to pay for services, but they may not cut existing voluntary or children’s mental health programs because of implementation.

    ## 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 9. The Assisted Outpatient Treatment Demonstration Project Act of 2002 [5345 - 5349.1] ( Article 9 added by Stats. 2002, Ch. 1017, Sec. 2. ) ## 5349. (a) A county or group of counties that does not wish to implement this article may opt out of the requirements of this article by a resolution passed by the governing body that state the reasons for opting out and any facts or circumstances relied on in making that decision. To the extent otherwise permitted under state and federal law, counties that implement this article may pay for the provision of services under Sections 5347 and 5348 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. Compliance with this section shall be monitored by the State Department of Health Care Services as part of the review and approval of city, county, or group of county performance contracts. (b) In lieu of the resolution to opt out pursuant to subdivision (a), a county may elect to implement this article in combination with one or more counties pursuant to the implementation provisions of subdivision (d). (c) A county or group of counties implementing this article shall not reduce existing voluntary mental health programs serving adults or children’s mental health programs as a result of implementation. (d) If multiple counties choose to provide services pursuant to Section 5348, those counties shall execute a memorandum of understanding (MOU) that shall include, but not be limited to, a process for designating the lead county for an individual receiving services pursuant to the MOU for the following purposes: (1) Making the finding set forth in subdivision (d) of Section 5346. (2) Ensuring that services are provided and determining where they are provided. (3) Determining the county incurring financial responsibility, as applicable, for an individual receiving services. (4) Ensuring that appropriate followup care is in place upon an individual’s release from the treatment program. (e) This section shall become operative on July 1, 2021. (Amended by Stats. 2024, Ch. 40, Sec. 37. (SB 159) Effective June 29, 2024. Operative January 1, 2025, pursuant to Sec. 85 of Stats. 2024, Ch. 40.)
  130. 5349.1.

    ## 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 9. The Assisted Outpatient Treatment Demonstration Project Act of 2002 [5345 - 5349.1] ( Article 9 added by Stats. 2002, Ch. 1017, Sec. 2. )

    Verify source ↗

    Counties that implement this article must create a training program, consult listed stakeholders, provide the training to specified people, and include required topics and an informed-consent emphasis.

    ## 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 9. The Assisted Outpatient Treatment Demonstration Project Act of 2002 [5345 - 5349.1] ( Article 9 added by Stats. 2002, Ch. 1017, Sec. 2. ) ## 5349.1. (a) A county or group of counties that implements this article, shall, in consultation with the State Department of Health Care Services, client and family advocacy organizations, and other stakeholders, develop a training and education program for purposes of improving the delivery of services to persons with a mental health condition who are, or who are at risk of being, involuntarily committed under this part. This training shall be provided to mental health treatment providers contracting with participating counties and to other individuals, including, but not limited to, mental health professionals, law enforcement officials, and certification hearing officers involved in making treatment and involuntary commitment decisions. (b) The training shall include both of the following: (1) Information relative to legal requirements for detaining a person for involuntary inpatient and outpatient treatment, including criteria to be considered with respect to determining if a person is considered to have a grave disability. (2) Methods for ensuring that decisions regarding involuntary treatment, as provided for in this part, direct patients toward the most effective treatment. Training shall include an emphasis on each patient’s right to provide informed consent to assistance. (c) This section shall become operative on July 1, 2021. (Amended by Stats. 2024, Ch. 948, Sec. 17. (AB 2119) Effective January 1, 2025.)
  131. 5350.

    ## 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 3. Conservatorship for Persons with a Grave Disability [5350 - 5372] ( Heading of Chapter 3 amended by Stats. 2024, Ch. 948, Sec. 18. )

    Verify source ↗

    This section sets rules for appointing a conservator for a person who is gravely disabled or impaired by chronic alcoholism, and gives the person a right to a court or jury trial on that issue.

    ## 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 3. Conservatorship for Persons with a Grave Disability [5350 - 5372] ( Heading of Chapter 3 amended by Stats. 2024, Ch. 948, Sec. 18. ) ## 5350. A conservator of the person, of the estate, or of the person and the estate may be appointed for a person who is gravely disabled or impaired by chronic alcoholism. The procedure for establishing, administering, and terminating a conservatorship under this chapter shall be the same as that provided in Division 4 (commencing with Section 1400) of the Probate Code, except as follows: (a) A conservator may be appointed for a gravely disabled minor. (b) (1) Appointment of a conservator under this part, including the appointment of a conservator for a person who is gravely disabled, as defined in subparagraph (A) of paragraph (1) of subdivision (h) of Section 5008, shall be subject to the list of priorities in Section 1812 of the Probate Code unless the officer providing conservatorship investigation recommends otherwise to the superior court. (2) In appointing a conservator for a person who is gravely disabled, as defined in subparagraph (B) of paragraph (1) of subdivision (h) of Section 5008, the court shall consider the purposes of protection of the public and the treatment of the conservatee. Notwithstanding any other provision of this section, the court shall not appoint the proposed conservator if it determines that appointment of the proposed conservator will not result in adequate protection of the public. (c) A conservatorship of the estate pursuant to this chapter shall not be established if a conservatorship or guardianship of the estate exists under the Probate Code. When a gravely disabled person already has a guardian or conservator of the person appointed under the Probate Code, the proceedings under this chapter shall not terminate the prior proceedings but shall be concurrent with and superior thereto. The superior court may appoint the existing guardian or conservator of the person or another person as conservator of the person under this chapter. (d) (1) The person for whom conservatorship is sought shall have the right to demand a court or jury trial on the issue of whether the person is gravely disabled. Demand for court or jury trial shall be made within five days following the hearing on the conservatorship petition. If the proposed conservatee demands a court or jury trial before the date of the hearing as provided for in Section 5365, the demand shall constitute a waiver of the hearing. (2) The court or jury trial shall commence within 10 days of the date of the demand, except that the court shall continue the trial date for a period not to exceed 15 days upon the request of counsel for the proposed conservatee. Failure to commence the trial within that period of time is grounds for dismissal of the conservatorship proceedings. (3) This right shall also apply in subsequent proceedings to reestablish conservatorship. (e) (1) Notwithstanding subparagraph (A) of paragraph (1) of subdivision (h) of Section 5008, a person is not “gravely disabled” if that person can survive safely without involuntary detention with the help of responsible family, friends, or others who are both willing and able to help provide for the person’s basic personal needs. (2) However, unless they specifically indicate in writing their willingness and ability to help, family, friends, or others shall not be considered willing or able to provide this help. (3) The purpose of this subdivision is to avoid the necessity for, and the harmful effects of, requiring family, friends, and others to publicly state, and requiring the court to publicly find, that no one is willing or able to assist a person with a grave disability. (4) This subdivision does not apply to a person who is gravely disabled as defined in subparagraph (B) of paragraph (1) of subdivision (h) of Section 5008. (f) Conservatorship investigation shall be conducted pursuant to this part and is not subject to Section 1826 of the Probate Code or Chapter 2 (commencing with Section 1850) of Part 3 of Division 4 of the Probate Code. (g) Notice of proceedings under this chapter shall be given to a guardian or conservator of the person or estate of the proposed conservatee appointed under the Probate Code. (h) As otherwise provided in this chapter. (Amended by Stats. 2024, Ch. 492, Sec. 14. (SB 1511) Effective January 1, 2025.)
  132. 5350.1.

    ## 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 3. Conservatorship for Persons with a Grave Disability [5350 - 5372] ( Heading of Chapter 3 amended by Stats. 2024, Ch. 948, Sec. 18. )

    Verify source ↗

    This section says conservatorship is meant to provide individualized treatment, supervision, and placement.

    ## 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 3. Conservatorship for Persons with a Grave Disability [5350 - 5372] ( Heading of Chapter 3 amended by Stats. 2024, Ch. 948, Sec. 18. ) ## 5350.1. The purpose of conservatorship, as provided for in this article, is to provide individualized treatment, supervision, and placement. (Added by Stats. 1978, Ch. 1294.)
  133. 5350.2.

    ## 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 3. Conservatorship for Persons with a Grave Disability [5350 - 5372] ( Heading of Chapter 3 amended by Stats. 2024, Ch. 948, Sec. 18. )

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    The county mental health program must make reasonable attempts to notify specified people of the conservatorship hearing time and place, and it must honor a qualifying request not to share that information with family members.

    ## 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 3. Conservatorship for Persons with a Grave Disability [5350 - 5372] ( Heading of Chapter 3 amended by Stats. 2024, Ch. 948, Sec. 18. ) ## 5350.2. Reasonable attempts shall be made by the county mental health program to notify family members or any other person designated by the person for whom conservatorship is sought, of the time and place of the conservatorship hearing. The person for whom the conservatorship is sought shall be advised by the facility treating the person that he or she may request that information about the time and place of the conservatorship hearing not be given to family members, in those circumstances where the proposed conservator is not a family member. The request shall be honored by the mental health program. Neither this section nor Section 5350 shall be interpreted to allow the proposed conservatee to request that any proposed conservator not be advised of the time and place of the conservatorship hearing. (Amended by Stats. 1987, Ch. 56, Sec. 183.)
  134. 5350.5.

    ## 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 3. Conservatorship for Persons with a Grave Disability [5350 - 5372] ( Heading of Chapter 3 amended by Stats. 2024, Ch. 948, Sec. 18. )

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    A court may refer a conservatee for mental health assessment in specified Probate Code proceedings, and must appoint counsel if the conservatee cannot afford one. The local mental health system or plan must file the assessment with the court.

    ## 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 3. Conservatorship for Persons with a Grave Disability [5350 - 5372] ( Heading of Chapter 3 amended by Stats. 2024, Ch. 948, Sec. 18. ) ## 5350.5. (a) If a conservatorship has already been established under the Probate Code, the court, in a proceeding under the Probate Code, after an evidentiary hearing attended by the conservatee, unless the conservatee waives presence, and the conservatee’s counsel, may refer the conservatee, in consultation with a licensed physician or licensed psychologist satisfying the conditions of subdivision (c) of Section 2032.020 of the Code of Civil Procedure providing assessment or treatment to the conservatee, for an assessment by the local mental health system or plan to determine if the conservatee has a treatable mental illness, including whether the conservatee is gravely disabled or impaired by chronic alcoholism, and is unwilling to accept, or is incapable of accepting, treatment voluntarily. If the conservatee cannot afford counsel, the court shall appoint counsel for them pursuant to Section 1471 of the Probate Code. (b) The local mental health system or plan shall file a copy of the assessment with the court that made the referral for assessment in a proceeding under the Probate Code. (Amended by Stats. 2024, Ch. 492, Sec. 15. (SB 1511) Effective January 1, 2025.)
  135. 5351.

    ## 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 3. Conservatorship for Persons with a Grave Disability [5350 - 5372] ( Heading of Chapter 3 amended by Stats. 2024, Ch. 948, Sec. 18. )

    Verify source ↗

    The governing board must designate the agency or agencies that will provide conservatorship investigation, and it may choose the public guardian or another public-guardian services agency to provide conservatorship 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 3. Conservatorship for Persons with a Grave Disability [5350 - 5372] ( Heading of Chapter 3 amended by Stats. 2024, Ch. 948, Sec. 18. ) ## 5351. In each county or counties acting jointly under the provisions of Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code, the governing board shall designate the agency or agencies to provide conservatorship investigation as set forth in this chapter. The governing board may designate that conservatorship services be provided by the public guardian or agency providing public guardian services. (Amended by Stats. 1986, Ch. 335, Sec. 1.)
  136. 5352.

    ## 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 3. Conservatorship for Persons with a Grave Disability [5350 - 5372] ( Heading of Chapter 3 amended by Stats. 2024, Ch. 948, Sec. 18. )

    Verify source ↗

    Certain professionals may recommend conservatorship for a gravely disabled person, and the county conservatorship investigator must petition the superior court if they concur.

    ## 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 3. Conservatorship for Persons with a Grave Disability [5350 - 5372] ( Heading of Chapter 3 amended by Stats. 2024, Ch. 948, Sec. 18. ) ## 5352. When the professional person in charge of an agency providing comprehensive evaluation or a facility providing intensive treatment determines that a person in his or her care is gravely disabled as a result of mental disorder or impairment by chronic alcoholism and is unwilling to accept, or incapable of accepting, treatment voluntarily, he or she may recommend conservatorship to the officer providing conservatorship investigation of the county of residence of the person prior to his or her admission as a patient in such facility. The professional person in charge of an agency providing comprehensive evaluation or a facility providing intensive treatment, or the professional person in charge of providing mental health treatment at a county jail, or his or her designee, may recommend conservatorship for a person without the person being an inpatient in a facility providing comprehensive evaluation or intensive treatment, if both of the following conditions are met: (a) the professional person or another professional person designated by him or her has examined and evaluated the person and determined that he or she is gravely disabled; (b) the professional person or another professional person designated by him or her has determined that future examination on an inpatient basis is not necessary for a determination that the person is gravely disabled. If the officer providing conservatorship investigation concurs with the recommendation, he or she shall petition the superior court in the county of residence of the patient to establish conservatorship. Where temporary conservatorship is indicated, the fact shall be alternatively pleaded in the petition. The officer providing conservatorship investigation or other county officer or employee designated by the county shall act as the temporary conservator. (Amended by Stats. 2018, Ch. 458, Sec. 1. (SB 931) Effective January 1, 2019.)
  137. 5352.1.

    ## 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 3. Conservatorship for Persons with a Grave Disability [5350 - 5372] ( Heading of Chapter 3 amended by Stats. 2024, Ch. 948, Sec. 18. )

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    A court may create a temporary conservatorship for up to 30 days, and it ends automatically unless the court holds a hearing first or extends it under the trial-related rule.

    ## 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 3. Conservatorship for Persons with a Grave Disability [5350 - 5372] ( Heading of Chapter 3 amended by Stats. 2024, Ch. 948, Sec. 18. ) ## 5352.1. (a) The court may establish a temporary conservatorship for a period not to exceed 30 days and appoint a temporary conservator, on the basis of the comprehensive report of the officer providing conservatorship investigation filed pursuant to Section 5354, or on the basis of an affidavit of the professional person who recommended conservatorship stating the reasons for their recommendation, if the court is satisfied that the comprehensive report or affidavit shows the necessity for a temporary conservatorship. (b) If the petition for establishment of a temporary conservatorship is based on an affidavit of the professional person who recommended conservatorship, the affidavit shall include an attestation by the professional person that all available alternatives to conservatorship, including, but not limited to, assisted outpatient treatment pursuant to Section 5346 and the CARE Act proceedings pursuant to Section 5978, as applicable, have been considered by the professional person or have been investigated pursuant to Section 5354, and that appointment of a temporary conservator is recommended because no suitable alternatives to conservatorship are available. (c) Except as provided in this section, a temporary conservatorship shall expire automatically after 30 days, unless prior to that date the court conducts a hearing on the issue of whether or not the proposed conservatee is gravely disabled, as defined in subdivision (h) of Section 5008. (d) If the proposed conservatee demands a court or jury trial on the issue of whether they are gravely disabled, the court may extend the temporary conservatorship until the date of the disposition of the issue by the court or jury trial, provided that the extension does not exceed 180 days. (Amended by Stats. 2024, Ch. 640, Sec. 1. (SB 42) Effective September 27, 2024.)
  138. 5352.2.

    ## 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 3. Conservatorship for Persons with a Grave Disability [5350 - 5372] ( Heading of Chapter 3 amended by Stats. 2024, Ch. 948, Sec. 18. )

    Verify source ↗

    If the conservatorship investigator is a public guardian, that person’s official oath and bond count instead of any other oath or bond when temporary letters of conservatorship are granted.

    ## 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 3. Conservatorship for Persons with a Grave Disability [5350 - 5372] ( Heading of Chapter 3 amended by Stats. 2024, Ch. 948, Sec. 18. ) ## 5352.2. Where the duly designated officer providing conservatorship investigation is a public guardian, his official oath and bond as public guardian are in lieu of any other bond or oath on the grant of temporary letters of conservatorship to him. (Added by Stats. 1970, Ch. 566.)
  139. 5352.3.

    ## 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 3. Conservatorship for Persons with a Grave Disability [5350 - 5372] ( Heading of Chapter 3 amended by Stats. 2024, Ch. 948, Sec. 18. )

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    A proposed conservatee may be held in the facility for up to three extra days beyond the intensive-treatment period if needed to file and establish temporary conservatorship; involuntary detention for gravely disabled persons may not exceed 47 days unless a continuance is granted.

    ## 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 3. Conservatorship for Persons with a Grave Disability [5350 - 5372] ( Heading of Chapter 3 amended by Stats. 2024, Ch. 948, Sec. 18. ) ## 5352.3. If the professional person in charge of the facility providing intensive treatment recommends conservatorship pursuant to Section 5352, the proposed conservatee may be held in that facility for a period not to exceed three days beyond the designated period for intensive treatment if the additional time period is necessary for a filing of the petition for temporary conservatorship and the establishment of the temporary conservatorship by the court. The involuntary detention period for gravely disabled persons pursuant to Sections 5150, 5250, and 5170.15 shall not exceed 47 days unless continuance is granted. (Amended by Stats. 1988, Ch. 1517, Sec. 13.)
  140. 5352.4.

    ## 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 3. Conservatorship for Persons with a Grave Disability [5350 - 5372] ( Heading of Chapter 3 amended by Stats. 2024, Ch. 948, Sec. 18. )

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    If a conservatee appeals the court’s decision to establish conservatorship, the conservatorship continues unless the appellate court stays execution of judgment.

    ## 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 3. Conservatorship for Persons with a Grave Disability [5350 - 5372] ( Heading of Chapter 3 amended by Stats. 2024, Ch. 948, Sec. 18. ) ## 5352.4. If a conservatee appeals the court’s decision to establish conservatorship, the conservatorship shall continue unless execution of judgment is stayed by the appellate court. (Added by Stats. 1972, Ch. 574.)
  141. 5352.5.

    ## 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 3. Conservatorship for Persons with a Grave Disability [5350 - 5372] ( Heading of Chapter 3 amended by Stats. 2024, Ch. 948, Sec. 18. )

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    This section lets conservatorship proceedings be started for certain people in state hospitals, local mental health facilities, outpatient treatment, felony transfer cases, and juvenile justice/parole cases, based on recommendations from listed officials.

    ## 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 3. Conservatorship for Persons with a Grave Disability [5350 - 5372] ( Heading of Chapter 3 amended by Stats. 2024, Ch. 948, Sec. 18. ) ## 5352.5. (a) Conservatorship proceedings may be initiated for any person committed to a state hospital or local mental health facility or placed on outpatient treatment pursuant to Section 1026 or 1370 of the Penal Code or transferred pursuant to Section 4011.6 of the Penal Code upon recommendation of the medical director of the state hospital, or a designee, or professional person in charge of the local mental health facility, or a designee, or the local mental health director, or a designee, to the conservatorship investigator of the county of residence of the person prior to his or her admission to the hospital or facility or of the county in which the hospital or facility is located. The initiation of conservatorship proceedings or the existence of a conservatorship shall not affect any pending criminal proceedings. The custody status of a person who is subject to the conservatorship investigation shall not be the sole reason for not scheduling an investigation by the conservatorship investigator. (b) Subject to the provisions of Sections 5150 and 5250, conservatorship proceedings may be initiated for any person convicted of a felony who has been transferred to a state hospital under the jurisdiction of the State Department of State Hospitals pursuant to Section 2684 of the Penal Code by the recommendation of the medical director of the state hospital to the conservatorship investigator of the county of residence of the person or of the county in which the state hospital is located. (c) Subject to the provisions of Sections 5150 and 5250, conservatorship proceedings may be initiated for any person committed to the Department of Corrections and Rehabilitation, Division of Juvenile Justice, or on parole from a facility of the Department of Corrections and Rehabilitation, Division of Juvenile Justice, by the Chief Deputy Secretary for Juvenile Justice or a designee, to the conservatorship investigator of the county of residence of the person or of the county in which the facility is situated. (d) The county mental health program providing conservatorship investigation services and conservatorship case management services for any persons except those transferred pursuant to Section 4011.6 of the Penal Code shall be reimbursed for the expenditures made by it for the services pursuant to the Short-Doyle Act (commencing with Section 5600) at 100 percent of the expenditures. Each county Short-Doyle plan shall include provision for the services in the plan. (Amended by Stats. 2018, Ch. 458, Sec. 2. (SB 931) Effective January 1, 2019.)
  142. 5352.6.

    ## 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 3. Conservatorship for Persons with a Grave Disability [5350 - 5372] ( Heading of Chapter 3 amended by Stats. 2024, Ch. 948, Sec. 18. )

    Verify source ↗

    After a conservatorship is established, an individualized treatment plan must be developed within 10 days unless the court finds treatment is not appropriate.

    ## 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 3. Conservatorship for Persons with a Grave Disability [5350 - 5372] ( Heading of Chapter 3 amended by Stats. 2024, Ch. 948, Sec. 18. ) ## 5352.6. Within 10 days after conservatorship of the person has been established under the provisions of this article, there shall be an individualized treatment plan unless treatment is specifically found not to be appropriate by the court. The treatment plan shall be developed by the Short-Doyle Act community mental health service, the staff of a facility operating under a contract to provide such services in the individual’s county of residence, or the staff of a health facility licensed pursuant to Chapter 2 (commencing with Section 1250) of Division 2 of the Health and Safety Code to provide inpatient psychiatric treatment. The person responsible for developing the treatment plan shall encourage the participation of the client and the client’s family members, when appropriate, in the development, implementation, revision, and review of the treatment plan. The individualized treatment plan shall specify goals for the individual’s treatment, the criteria by which accomplishment of the goals can be judged, and a plan for review of the progress of treatment. The goals of the treatment plan shall be equivalent to reducing or eliminating the behavioral manifestations of grave disability. If a treatment plan is not developed as provided herein then the matter shall be referred to the court by the Short-Doyle Act community mental health service, or the staff of a facility operating under a contract to provide such services, or the conservator, or the attorney of record for the conservatee. When the progress review determines that the goals have been reached and the person is no longer gravely disabled, a person designated by the county shall so report to the court and the conservatorship shall be terminated by the court. If the conservator fails to report to the court that the person is no longer gravely disabled as provided herein, then the matter shall be referred to the court by the Short-Doyle Act community mental health service, or the staff of a facility operating under a contract to provide such services, or the attorney of record for the conservatee. (Amended by Stats. 1986, Ch. 872, Sec. 6.)
  143. 5353.

    ## 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 3. Conservatorship for Persons with a Grave Disability [5350 - 5372] ( Heading of Chapter 3 amended by Stats. 2024, Ch. 948, Sec. 18. )

    Verify source ↗

    A temporary conservator must arrange food, shelter, and care, prefer return home or to family/friends, and may only detain the person or transfer property interests under the section’s limits.

    ## 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 3. Conservatorship for Persons with a Grave Disability [5350 - 5372] ( Heading of Chapter 3 amended by Stats. 2024, Ch. 948, Sec. 18. ) ## 5353. A temporary conservator under this chapter shall determine what arrangements are necessary to provide the person with food, shelter, and care pending the determination of conservatorship. He shall give preference to arrangements which allow the person to return to his home, family or friends. If necessary, the temporary conservator may require the person to be detained in a facility providing intensive treatment or in a facility specified in Section 5358 pending the determination of conservatorship. Any person so detained shall have the same right to judicial review set forth in Article 5 (commencing with Section 5275) of Chapter 2 of this part. The powers of the temporary conservator shall be those granted in the decree, but in no event may they be broader than the powers which may be granted a conservator. The court shall order the temporary conservator to take all reasonable steps to preserve the status quo concerning the conservatee’s previous place of residence. The temporary conservator shall not be permitted to sell or relinquish on the conservatee’s behalf any estate or interest in any real or personal property, including any lease or estate in real or personal property used as or within the conservatee’s place of residence, without specific approval of the court, which may be granted only upon a finding based on a preponderance of the evidence that such action is necessary to avert irreparable harm to the conservatee. A finding of irreparable harm as to real property may be based upon a reasonable showing that such real property is vacant, that it cannot reasonably be rented, and that it is impossible or impractical to obtain fire or liability insurance on such property. (Amended by Stats. 1978, Ch. 1268.)
  144. 5354.

    ## 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 3. Conservatorship for Persons with a Grave Disability [5350 - 5372] ( Heading of Chapter 3 amended by Stats. 2024, Ch. 948, Sec. 18. )

    Verify source ↗

    The conservatorship investigator must look for all available alternatives first and recommend conservatorship only if no suitable alternative 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 3. Conservatorship for Persons with a Grave Disability [5350 - 5372] ( Heading of Chapter 3 amended by Stats. 2024, Ch. 948, Sec. 18. ) ## 5354. (a) The officer providing conservatorship investigation shall investigate all available alternatives to conservatorship, including, but not limited to, assisted outpatient treatment pursuant to Section 5346 and the Community Assistance, Recovery, and Empowerment (CARE) Act program pursuant to Section 5978, as applicable, and shall recommend conservatorship to the court only if no suitable alternatives are available. This officer shall render to the court a written report of investigation prior to the hearing. The report to the court shall be comprehensive and shall contain all relevant aspects of the person’s medical, psychological, financial, family, vocational, and social condition, and information obtained from the person’s family members, close friends, social worker, or principal therapist. The report shall also contain all available information concerning the person’s real and personal property. The facilities providing intensive treatment or comprehensive evaluation shall disclose any records or information that may facilitate the investigation. If the officer providing conservatorship investigation recommends either for or against conservatorship, the officer shall set forth all alternatives available, including conservatorship, assisted outpatient treatment pursuant to Section 5346 and the CARE Act program pursuant to Section 5978, as applicable, and all other less restrictive alternatives. A copy of the report shall be transmitted to the individual who originally recommended conservatorship, to the person or agency, if any, recommended to serve as conservator, and to the person recommended for conservatorship. The court may receive the report in evidence and may read and consider the contents thereof in rendering its judgment. (b) Notwithstanding Section 5328, when a court with jurisdiction over a person in a criminal case orders an evaluation of the person’s mental condition pursuant to Section 5200, and that evaluation leads to a conservatorship investigation, the officer providing the conservatorship investigation shall serve a copy of the report required under subdivision (a) upon the defendant or the defendant’s counsel. Upon the prior written request of the defendant or the defendant’s counsel, the officer providing the conservatorship investigation shall also submit a copy of the report to the court hearing the criminal case, the district attorney, and the county probation department. The conservatorship investigation report and the information contained in that report, shall be kept confidential and shall not be further disclosed to anyone without the prior written consent of the defendant. After disposition of the criminal case, the court shall place all copies of the report in a sealed file, except as follows: (1) The defendant and the defendant’s counsel may retain their copy. (2) If the defendant is placed on probation status, the county probation department may retain a copy of the report for the purpose of supervision of the defendant until the probation is terminated, at which time the probation department shall return its copy of the report to the court for placement into the sealed file. (Amended by Stats. 2023, Ch. 637, Sec. 5. (SB 43) Effective January 1, 2024.)
  145. 5354.5.

    ## 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 3. Conservatorship for Persons with a Grave Disability [5350 - 5372] ( Heading of Chapter 3 amended by Stats. 2024, Ch. 948, Sec. 18. )

    Verify source ↗

    A proposed conservator must promptly say whether they will accept the appointment; if they will not, the investigation officer must promptly recommend someone else. The public guardian must serve as conservator when the court orders it and no other willing and able person or entity 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 3. Conservatorship for Persons with a Grave Disability [5350 - 5372] ( Heading of Chapter 3 amended by Stats. 2024, Ch. 948, Sec. 18. ) ## 5354.5. Except as otherwise provided in this section, the person recommended to serve as conservator shall promptly notify the officer providing conservatorship investigation whether he or she will accept the position if appointed. If notified that the person or agency recommended will not accept the position if appointed, the officer providing conservatorship investigation shall promptly recommend another person to serve as conservator. The public guardian shall serve as conservator of any person found by a court under this chapter to be gravely disabled, if the court recommends the conservatorship after a conservatorship investigation, and if the court finds that no other person or entity is willing and able to serve as conservator. (Amended by Stats. 1986, Ch. 872, Sec. 6.5.)
  146. 5355.

    ## 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 3. Conservatorship for Persons with a Grave Disability [5350 - 5372] ( Heading of Chapter 3 amended by Stats. 2024, Ch. 948, Sec. 18. )

    Verify source ↗

    If a conservatorship investigation recommends conservatorship, the recommendation must name a suitable conservator, and unsuitable persons or agencies cannot be designated.

    ## 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 3. Conservatorship for Persons with a Grave Disability [5350 - 5372] ( Heading of Chapter 3 amended by Stats. 2024, Ch. 948, Sec. 18. ) ## 5355. If the conservatorship investigation results in a recommendation for conservatorship, the recommendation shall designate the most suitable person, corporation, state or local agency or county officer, or employee designated by the county to serve as conservator. No person, corporation, or agency shall be designated as conservator whose interests, activities, obligations or responsibilities are such as to compromise his or her or their ability to represent and safeguard the interests of the conservatee. Nothing in this section shall be construed to prevent the State Department of State Hospitals from serving as guardian pursuant to Section 7284, or the function of the conservatorship investigator and conservator being exercised by the same public officer or employee. When a public guardian is appointed conservator, his or her official bond and oath as public guardian are in lieu of the conservator’s bond and oath on the grant of letters of conservatorship. No bond shall be required of any other public officer or employee appointed to serve as conservator. (Amended by Stats. 2012, Ch. 24, Sec. 131. (AB 1470) Effective June 27, 2012.)
  147. 5356.

    ## 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 3. Conservatorship for Persons with a Grave Disability [5350 - 5372] ( Heading of Chapter 3 amended by Stats. 2024, Ch. 948, Sec. 18. )

    Verify source ↗

    The conservatorship investigation report must include recommendations on the conservator’s powers and duties, the conservatee’s legal disabilities, and placement. The report must also include a signed agreement from the proposed conservator certifying willingness and ability to serve, except where this section provides otherwise. If the court finds the person gravely disabled and no one else is willing and able to serve, the public guardian must serve as conservator.

    ## 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 3. Conservatorship for Persons with a Grave Disability [5350 - 5372] ( Heading of Chapter 3 amended by Stats. 2024, Ch. 948, Sec. 18. ) ## 5356. The report of the officer providing conservatorship investigation shall contain his or her recommendations concerning the powers to be granted to, and the duties to be imposed upon the conservator, the legal disabilities to be imposed upon the conservatee, and the proper placement for the conservatee pursuant to Section 5358. Except as provided in this section, the report to the court shall also contain an agreement signed by the person or agency recommended to serve as conservator certifying that the person or agency is able and willing to serve as conservator. The public guardian shall serve as conservator of any person found by a court under this chapter to be gravely disabled, if the court recommends the conservatorship after a conservatorship investigation, and if the court finds that no other person or entity is willing and able to serve as conservator. (Amended by Stats. 1986, Ch. 872, Sec. 7.)
  148. 5357.

    ## 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 3. Conservatorship for Persons with a Grave Disability [5350 - 5372] ( Heading of Chapter 3 amended by Stats. 2024, Ch. 948, Sec. 18. )

    Verify source ↗

    Conservators of the estate have specified Probate Code powers, plus any additional powers the court designates.

    ## 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 3. Conservatorship for Persons with a Grave Disability [5350 - 5372] ( Heading of Chapter 3 amended by Stats. 2024, Ch. 948, Sec. 18. ) ## 5357. All conservators of the estate shall have the general powers specified in Chapter 6 (commencing with Section 2400) of Part 4 of Division 4 of the Probate Code and shall have the additional powers specified in Article 11 (commencing with Section 2590) of Chapter 6 of Part 4 of Division 4 of the Probate Code as the court may designate. The report shall set forth which, if any, of the additional powers it recommends. The report shall also recommend for or against the imposition of each of the following disabilities on the proposed conservatee: (a) The privilege of possessing a license to operate a motor vehicle. If the report recommends against this right and if the court follows the recommendation, the agency providing conservatorship investigation shall, upon the appointment of the conservator, so notify the Department of Motor Vehicles. (b) The right to enter into contracts. The officer may recommend against the person having the right to enter specified types of transactions or transactions in excess of specified money amounts. (c) The disqualification of the person from voting pursuant to Section 2208 of the Elections Code. (d) The right to refuse or consent to treatment related specifically to the conservatee’s being gravely disabled. The conservatee shall retain all rights specified in Section 5325. (e) The right to refuse or consent to routine medical treatment unrelated to remedying or preventing the recurrence of the conservatee’s being gravely disabled. The court shall make a specific determination regarding imposition of this disability. (f) The disqualification of the person from possessing a firearm pursuant to subdivision (e) of Section 8103. (Amended by Stats. 1994, Ch. 923, Sec. 268. Effective January 1, 1995.)
  149. 5358.

    ## 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 3. Conservatorship for Persons with a Grave Disability [5350 - 5372] ( Heading of Chapter 3 amended by Stats. 2024, Ch. 948, Sec. 18. )

    Verify source ↗

    A conservator must place the conservatee in the court-ordered placement, follow notice rules for placement changes, and generally cannot authorize surgery without consent or a court order unless it is an emergency.

    ## 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 3. Conservatorship for Persons with a Grave Disability [5350 - 5372] ( Heading of Chapter 3 amended by Stats. 2024, Ch. 948, Sec. 18. ) ## 5358. (a) (1) When ordered by the court after the hearing required by this section, a conservator appointed pursuant to this chapter shall place his or her conservatee as follows: (A) For a conservatee who is gravely disabled, as defined in subparagraph (A) of paragraph (1) of subdivision (h) of Section 5008, in the least restrictive alternative placement, as designated by the court. (B) For a conservatee who is gravely disabled, as defined in subparagraph (B) of paragraph (1) of subdivision (h) of Section 5008, in a placement that achieves the purposes of treatment of the conservatee and protection of the public. (2) The placement may include a medical, psychiatric, nursing, or other state-licensed facility, or a state hospital, county hospital, hospital operated by the Regents of the University of California, a United States government hospital, or other nonmedical facility approved by the State Department of Health Care Services or an agency accredited by the State Department of Health Care Services, or in addition to any of the foregoing, in cases of chronic alcoholism, to a county alcoholic treatment center. (b) A conservator shall also have the right, if specified in the court order, to require his or her conservatee to receive treatment related specifically to remedying or preventing the recurrence of the conservatee’s being gravely disabled, or to require his or her conservatee to receive routine medical treatment unrelated to remedying or preventing the recurrence of the conservatee’s being gravely disabled. Except in emergency cases in which the conservatee faces loss of life or serious bodily injury, no surgery shall be performed upon the conservatee without the conservatee’s prior consent or a court order obtained pursuant to Section 5358.2 specifically authorizing that surgery. (c) (1) For a conservatee who is gravely disabled, as defined in subparagraph (A) of paragraph (1) of subdivision (h) of Section 5008, if the conservatee is not to be placed in his or her own home or the home of a relative, first priority shall be to placement in a suitable facility as close as possible to his or her home or the home of a relative. For the purposes of this section, suitable facility means the least restrictive residential placement available and necessary to achieve the purpose of treatment. At the time that the court considers the report of the officer providing conservatorship investigation specified in Section 5356, the court shall consider available placement alternatives. After considering all the evidence the court shall determine the least restrictive and most appropriate alternative placement for the conservatee. The court shall also determine those persons to be notified of a change of placement. The fact that a person for whom conservatorship is recommended is not an inpatient shall not be construed by the court as an indication that the person does not meet the criteria of grave disability. (2) For a conservatee who is gravely disabled, as defined in subparagraph (B) of paragraph (1) of subdivision (h) of Section 5008, first priority shall be placement in a facility that achieves the purposes of treatment of the conservatee and protection of the public. The court shall determine the most appropriate placement for the conservatee. The court shall also determine those persons to be notified of a change of placement, and additionally require the conservator to notify the district attorney or attorney representing the originating county prior to any change of placement. (3) For any conservatee, if requested, the local mental health director shall assist the conservator or the court in selecting a placement facility for the conservatee. When a conservatee who is receiving services from the local mental health program is placed, the conservator shall inform the local mental health director of the facility’s location and any movement of the conservatee to another facility. (d) (1) Except for a conservatee who is gravely disabled, as defined in subparagraph (B) of paragraph (1) of subdivision (h) of Section 5008, the conservator may transfer his or her conservatee to a less restrictive alternative placement without a further hearing and court approval. In any case in which a conservator has reasonable cause to believe that his or her conservatee is in need of immediate more restrictive placement because the condition of the conservatee has so changed that the conservatee poses an immediate and substantial danger to himself or herself or others, the conservator shall have the right to place his or her conservatee in a more restrictive facility or hospital. Notwithstanding Section 5328, if the change of placement is to a placement more restrictive than the court-determined placement, the conservator shall provide written notice of the change of placement and the reason therefor to the court, the conservatee’s attorney, the county patient’s rights advocate and any other persons designated by the court pursuant to subdivision (c). (2) For a conservatee who is gravely disabled, as defined in subparagraph (B) of paragraph (1) of subdivision (h) of Section 5008, the conservator may not transfer his or her conservatee without providing written notice of the proposed change of placement and the reason therefor to the court, the conservatee’s attorney, the county patient’s rights advocate, the district attorney of the county that made the commitment, and any other persons designated by the court to receive notice. If any person designated to receive notice objects to the proposed transfer within 10 days after receiving notice, the matter shall be set for a further hearing and court approval. The notification and hearing is not required for the transfer of persons between state hospitals. (3) At a hearing where the conservator is seeking placement to a less restrictive alternative placement pursuant to paragraph (2), the placement shall not be approved where it is determined by a preponderance of the evidence that the placement poses a threat to the safety of the public, the conservatee, or any other individual. (4) A hearing as to placement to a less restrictive alternative placement, whether requested pursuant to paragraph (2) or pursuant to Section 5358.3, shall be granted no more frequently than is provided for in Section 5358.3. (Amended by Stats. 2013, Ch. 23, Sec. 36. (AB 82) Effective June 27, 2013.)
  150. 5358.1.

    ## 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 3. Conservatorship for Persons with a Grave Disability [5350 - 5372] ( Heading of Chapter 3 amended by Stats. 2024, Ch. 948, Sec. 18. )

    Verify source ↗

    Certain conservators, public guardians, and peace officers are not civilly or criminally liable for actions taken by a conservatee.

    ## 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 3. Conservatorship for Persons with a Grave Disability [5350 - 5372] ( Heading of Chapter 3 amended by Stats. 2024, Ch. 948, Sec. 18. ) ## 5358.1. Neither a conservator, temporary conservator, or public guardian appointed pursuant to this chapter, nor a peace officer acting pursuant to Section 5358.5, shall be held civilly or criminally liable for any action by a conservatee. (Added by Stats. 1972, Ch. 574.)
  151. 5358.2.

    ## 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 3. Conservatorship for Persons with a Grave Disability [5350 - 5372] ( Heading of Chapter 3 amended by Stats. 2024, Ch. 948, Sec. 18. )

    Verify source ↗

    If a conservatee needs medical treatment, the conservator must get a court order after notifying the conservatee unless it is an emergency involving loss of life or serious bodily injury.

    ## 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 3. Conservatorship for Persons with a Grave Disability [5350 - 5372] ( Heading of Chapter 3 amended by Stats. 2024, Ch. 948, Sec. 18. ) ## 5358.2. If a conservatee requires medical treatment and the conservator has not been specifically authorized by the court to require the conservatee to receive medical treatment, the conservator shall, after notice to the conservatee, obtain a court order for that medical treatment, except in emergency cases in which the conservatee faces loss of life or serious bodily injury. The conservatee, if he or she chooses to contest the request for a court order, may petition the court for hearing which shall be held prior to granting the order. (Amended by Stats. 1990, Ch. 180, Sec. 3.)
  152. 5358.3.

    ## 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 3. Conservatorship for Persons with a Grave Disability [5350 - 5372] ( Heading of Chapter 3 amended by Stats. 2024, Ch. 948, Sec. 18. )

    Verify source ↗

    A conservatee, or someone acting for the conservatee with the required consent, may ask the court for a hearing to contest denied rights or the conservator’s powers. After the first petition, no rehearing petition may be filed for six months, the hearing has no jury trial, and the court must notify the Secretary of State if voting rights are restored.

    ## 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 3. Conservatorship for Persons with a Grave Disability [5350 - 5372] ( Heading of Chapter 3 amended by Stats. 2024, Ch. 948, Sec. 18. ) ## 5358.3. (a) At any time, a conservatee or any person on the conservatee’s behalf with the consent of the conservatee or the conservatee’s counsel, may petition the court for a hearing to contest the rights denied under Section 5357 or the powers granted to the conservator under Section 5358. However, after the filing of the first petition for hearing pursuant to this section, no further petition for rehearing shall be submitted for a period of six months. (b) A request for hearing pursuant to this section shall not affect the right of a conservatee to petition the court for a rehearing as to their status as a conservatee pursuant to Section 5364. A hearing pursuant to this section shall not include trial by jury. If a person’s right to vote is restored, the court shall provide notice to the Secretary of State pursuant to Section 2211.5 of the Elections Code. (c) This section shall become operative on January 1, 2024. (Repealed (in Sec. 13) and added by Stats. 2022, Ch. 807, Sec. 14. (AB 2841) Effective January 1, 2023. Operative January 1, 2024, by its own provisions.)
  153. 5358.5.

    ## 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 3. Conservatorship for Persons with a Grave Disability [5350 - 5372] ( Heading of Chapter 3 amended by Stats. 2024, Ch. 948, Sec. 18. )

    Verify source ↗

    A conservator may take a conservatee into custody, return the person to the facility, or remove the person to the county designated treatment facility, and may ask a peace officer to detain and return or transfer the conservatee.

    ## 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 3. Conservatorship for Persons with a Grave Disability [5350 - 5372] ( Heading of Chapter 3 amended by Stats. 2024, Ch. 948, Sec. 18. ) ## 5358.5. When any conservatee placed into a facility pursuant to this chapter leaves the facility without the approval of the conservator or the person in charge of the facility, or when the conservator appointed pursuant to this chapter deems it necessary to remove his conservatee to the county designated treatment facility, the conservator may take the conservatee into custody and return him to the facility or remove him to the county designated treatment facility. A conservator, at his discretion, may request a peace officer to detain the conservatee and return such person to the facility in which he was placed or to transfer such person to the county designated treatment facility, pursuant to Section 7325 of the Welfare and Institutions Code. Such request shall be in writing and accompanied by a certified copy of the letters of conservatorship showing the person requesting detention and transfer to be the conservator appointed pursuant to this chapter as conservator of the person sought to be detained. Either the conservator or his assistant or deputy may request detention under this section. Whenever possible, persons charged with apprehension of persons pursuant to this section shall dress in plain clothes and shall travel in unmarked vehicles. (Amended by Stats. 1974, Ch. 833.)
  154. 5358.6.

    ## 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 3. Conservatorship for Persons with a Grave Disability [5350 - 5372] ( Heading of Chapter 3 amended by Stats. 2024, Ch. 948, Sec. 18. )

    Verify source ↗

    A conservator may require outpatient treatment for a conservatee placed in an inpatient facility, but must first get agreement from the mental health facility person in charge and arrange an outpatient supervisor. The facility person in charge must notify the county mental health director, and the outpatient supervisor must report every 90 days.

    ## 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 3. Conservatorship for Persons with a Grave Disability [5350 - 5372] ( Heading of Chapter 3 amended by Stats. 2024, Ch. 948, Sec. 18. ) ## 5358.6. Any conservator who places his or her conservatee in an inpatient facility pursuant to Section 5358, may also require the conservatee to undergo outpatient treatment. Before doing so, the conservator shall obtain the agreement of the person in charge of a mental health facility that the conservatee will receive outpatient treatment and that the person in charge of the facility will designate a person to be the outpatient supervisor of the conservatee. The person in charge of these facilities shall notify the county mental health director or his or her designee of such agreement. At 90-day intervals following the commencement of the outpatient treatment, the outpatient supervisor shall make a report in writing to the conservator and to the person in charge of the mental health facility setting forth the status and progress of the conservatee. (Amended by Stats. 1980, Ch. 681, Sec. 3.)
  155. 5358.7.

    ## 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 3. Conservatorship for Persons with a Grave Disability [5350 - 5372] ( Heading of Chapter 3 amended by Stats. 2024, Ch. 948, Sec. 18. )

    Verify source ↗

    If a conservatee challenges placement or confinement conditions, judicial review must occur in the county where the conservatorship was established or where the conservatee is placed or confined.

    ## 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 3. Conservatorship for Persons with a Grave Disability [5350 - 5372] ( Heading of Chapter 3 amended by Stats. 2024, Ch. 948, Sec. 18. ) ## 5358.7. When any conservatee challenges his or her placement or conditions of confinement pursuant to Section 1473 of the Penal Code or Section 7250 of the Welfare and Institutions Code, notwithstanding the continuing jurisdiction of the court which appointed the conservators, judicial review shall be in the county where the conservatorship was established or in the county in which the conservatee is placed or confined. If the conservatee is released as a result of the hearing, he or she shall be returned to the county where the conservatorship originated. (Added by Stats. 1986, Ch. 226, Sec. 1.)
  156. 5359.

    ## 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 3. Conservatorship for Persons with a Grave Disability [5350 - 5372] ( Heading of Chapter 3 amended by Stats. 2024, Ch. 948, Sec. 18. )

    Verify source ↗

    A conservator must find alternative placement for the conservatee within 7 days after notice that the conservatee no longer needs the facility’s care or treatment, with a possible extension to 30 days if unusual conditions or circumstances prevent placement.

    ## 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 3. Conservatorship for Persons with a Grave Disability [5350 - 5372] ( Heading of Chapter 3 amended by Stats. 2024, Ch. 948, Sec. 18. ) ## 5359. A conservator appointed under this chapter shall find alternative placement for his conservatee within seven days after he is notified by the person in charge of the facility serving the conservatee that the conservatee no longer needs the care or treatment offered by that facility. If unusual conditions or circumstances preclude alternative placement of the conservatee within seven days, the conservator shall find such placement within 30 days. If alternative placement cannot be found at the end of the 30-day period the conservator shall confer with the professional person in charge of the facility and they shall then determine the earliest practicable date when such alternative placement may be obtained. (Amended by Stats. 1980, Ch. 676, Sec. 336.)
  157. 5360.

    ## 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 3. Conservatorship for Persons with a Grave Disability [5350 - 5372] ( Heading of Chapter 3 amended by Stats. 2024, Ch. 948, Sec. 18. )

    Verify source ↗

    The conservatorship investigation officer must recommend to the court whether to impose a Section 5357 disability, recommend any needed additional conservator powers, and consult the recommending professional person when making the determination.

    ## 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 3. Conservatorship for Persons with a Grave Disability [5350 - 5372] ( Heading of Chapter 3 amended by Stats. 2024, Ch. 948, Sec. 18. ) ## 5360. The officer providing conservatorship investigation shall recommend, in his report to the court, for or against imposition of a disability set forth in Section 5357 on the basis of the determination of the professional person who recommended conservatorship pursuant to Section 5352. The officer providing conservatorship investigation shall recommend in his report any of the additional powers of a conservator set forth in Section 2591 of the Probate Code if the needs of the individual patient or his estate require such powers. In making such determination, the officer providing conservatorship investigation shall consult with the professional person who recommended conservatorship pursuant to Section 5352. (Amended by Stats. 1979, Ch. 730.)
  158. 5361.

    ## 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 3. Conservatorship for Persons with a Grave Disability [5350 - 5372] ( Heading of Chapter 3 amended by Stats. 2024, Ch. 948, Sec. 18. )

    Verify source ↗

    A conservatorship under this chapter ends automatically after one year, with limited post-termination authority for estate matters, and the conservatee must be released when the conservatorship ends unless a court-ordered hold is still allowed.

    ## 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 3. Conservatorship for Persons with a Grave Disability [5350 - 5372] ( Heading of Chapter 3 amended by Stats. 2024, Ch. 948, Sec. 18. ) ## 5361. (a) Conservatorship initiated pursuant to this chapter shall automatically terminate one year after the appointment of the conservator by the superior court. The period of service of a temporary conservator shall not be included in the one-year period. When the conservator has been appointed as conservator of the estate, the conservator shall, for a reasonable time, continue to have the authority over the estate that the superior court, on petition by the conservator, deems necessary for (1) the collection of assets or income that accrued during the period of conservatorship, but were uncollected before the date of termination, (2) the payment of expenses that accrued during period of conservatorship and of which the conservator was notified prior to termination, but were unpaid before the date of termination, and (3) the completion of sales of real property when the only act remaining at the date of termination is the actual transfer of title. (b) If, upon the termination of an initial or a succeeding period of conservatorship, the conservator determines that conservatorship is still required, the conservator may petition the superior court for reappointment as conservator for a succeeding one-year period. The petition shall include the opinion of two physicians or licensed psychologists who have a doctoral degree in psychology and at least five years of postgraduate experience in the diagnosis and treatment of emotional and mental disorders that the conservatee is still gravely disabled as a result of mental disorder or impairment by chronic alcoholism. If the conservator is unable to obtain the opinion of two physicians or psychologists, the conservator shall request that the court appoint them. The petition shall also include an attestation by the conservator that they have considered all available alternatives to conservatorship, including, but not limited to, assisted outpatient treatment pursuant to Section 5346 and the CARE Act program pursuant to Section 5978, as applicable, and that reappointment of a conservator is recommended because no suitable alternatives are available. (c) (1) A facility in which a conservatee is placed shall release the conservatee at the conservatee’s request when the conservatorship terminates. A petition for reappointment filed by the conservator or a petition for appointment filed by a public guardian shall be transmitted to the facility at least 30 days before the automatic termination date. The facility may detain the conservatee after the end of the termination date only if the conservatorship proceedings have not been completed and the court orders the conservatee to be held until the proceedings have been completed. (2) A care coordination plan shall be developed by, at a minimum, the individual, the facility, the county behavioral health department, the health care payer, if different from the county, and other individuals designated by the individual as appropriate, and shall be provided to the conservatee prior to their release. The care coordination plan shall include a first followup appointment with an appropriate behavioral health professional. The appointment information shall be provided to the individual before the individual is released. In no event may the individual be involuntarily held based on the requirements of this paragraph beyond when they would otherwise qualify for release. All care and treatment after release shall be voluntary. (3) 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 an individual leaving a facility has been referred pursuant to paragraph (2) of subdivision (c) shall make a good faith effort to contact the referred individual no less than three times, either by email, telephone, mail, or in-person outreach, whichever method or methods are most likely to reach the individual. (4) 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. (Amended by Stats. 2024, Ch. 640, Sec. 2. (SB 42) Effective September 27, 2024.)
  159. 5362.

    ## 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 3. Conservatorship for Persons with a Grave Disability [5350 - 5372] ( Heading of Chapter 3 amended by Stats. 2024, Ch. 948, Sec. 18. )

    Verify source ↗

    The clerk must give notice before a one-year conservatorship ends, and the court must end the conservatorship if no reestablishment petition is filed on 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 3. Conservatorship for Persons with a Grave Disability [5350 - 5372] ( Heading of Chapter 3 amended by Stats. 2024, Ch. 948, Sec. 18. ) ## 5362. (a) The clerk of the superior court shall notify each conservator, his or her conservatee and the person in charge of the facility in which the person resides, and the conservatee’s attorney, at least 60 days before the termination of the one-year period. If the conservator is a private party, the clerk of the superior court shall also notify the mental health director and the county officer providing conservatorship investigation pursuant to Section 5355, at least 60 days before the termination of the one-year period. Notification shall be delivered pursuant to Section 1215 of the Probate Code. The notification 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 No. ____ Concerning Notice of Termination of Conservatorship The people of the State of California to : (conservatee, conservatee’s attorney, conservator, and professional person in charge of the facility in which the conservatee resides, county mental health director, and county officer providing conservatorship investigation.) The one-year conservatorship established for ____ pursuant to Welfare and Institutions Code Section ____ on ____ will terminate on ____. If the conservator, ____, wishes to reestablish conservatorship for another year he or she must petition the court by ____. Subject to a request for a court hearing by jury trial the judge may, on his or her own motion, accept or reject the conservator’s petition. If the conservator petitions to reestablish conservatorship the conservatee, the professional person in charge of the facility in which he or she resides, the conservatee’s attorney, and, if the conservator is a private party, the county mental health director and the county officer providing conservatorship investigation shall be notified. If any of them request it, there shall be a court hearing or a jury trial, whichever is requested, on the issue of whether the conservatee is still gravely disabled and in need of conservatorship. If the private conservator does not petition for reappointment, the county officer providing conservatorship investigation may recommend another conservator. Such a petition shall be considered a petition for reappointment as conservator. _____ Clerk of the Superior Court by _____ Deputy _____ (b) Subject to a request for a court hearing or jury trial, the judge may, on his or her own motion, accept or reject the conservator’s petition. If the conservator does not petition to reestablish conservatorship at or before the termination of the one-year period, the court shall issue a decree terminating conservatorship. The decree shall be delivered to the conservator and his or her conservatee pursuant to Section 1215 of the Probate Code and shall be accompanied by a statement of California law as set forth in Section 5368. (Amended by Stats. 2017, Ch. 319, Sec. 148. (AB 976) Effective January 1, 2018.)
  160. 5363.

    ## 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 3. Conservatorship for Persons with a Grave Disability [5350 - 5372] ( Heading of Chapter 3 amended by Stats. 2024, Ch. 948, Sec. 18. )

    Verify source ↗

    A conservator who keeps acting in good faith within the powers of the original conservatorship decree after the one-year period may petition for ratification, and the decree must be granted.

    ## 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 3. Conservatorship for Persons with a Grave Disability [5350 - 5372] ( Heading of Chapter 3 amended by Stats. 2024, Ch. 948, Sec. 18. ) ## 5363. In the event the conservator continues in good faith to act within the powers granted him in the original decree of conservatorship beyond the one-year period, he may petition for and shall be granted a decree ratifying his acts as conservator beyond the one-year period. The decree shall provide for a retroactive appointment of the conservator to provide continuity of authority in those cases where the conservator did not apply in time for reappointment. (Added by Stats. 1967, Ch. 1667.)
  161. 5364.

    ## 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 3. Conservatorship for Persons with a Grave Disability [5350 - 5372] ( Heading of Chapter 3 amended by Stats. 2024, Ch. 948, Sec. 18. )

    Verify source ↗

    A conservatee may ask the superior court for a rehearing on their conservatee status, but after the first rehearing petition, no more may be filed for six months. If the conservatorship ends under this section, the court must notify the Secretary of 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 3. Conservatorship for Persons with a Grave Disability [5350 - 5372] ( Heading of Chapter 3 amended by Stats. 2024, Ch. 948, Sec. 18. ) ## 5364. (a) At any time, the conservatee may petition the superior court for a rehearing as to their status as a conservatee. However, after the filing of the first petition for rehearing pursuant to this section, no further petition for rehearing shall be submitted for a period of six months. If the conservatorship is terminated pursuant to this section, the court shall provide notice to the Secretary of State pursuant to Section 2211.5 of the Elections Code. (b) This section shall become operative on January 1, 2024. (Repealed (in Sec. 15) and added by Stats. 2022, Ch. 807, Sec. 16. (AB 2841) Effective January 1, 2023. Operative January 1, 2024, by its own provisions.)
  162. 5365.

    ## 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 3. Conservatorship for Persons with a Grave Disability [5350 - 5372] ( Heading of Chapter 3 amended by Stats. 2024, Ch. 948, Sec. 18. )

    Verify source ↗

    The court must hold a hearing on petitions under this chapter within 30 days and appoint counsel for the conservatee or proposed conservatee within 5 days after the petition date.

    ## 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 3. Conservatorship for Persons with a Grave Disability [5350 - 5372] ( Heading of Chapter 3 amended by Stats. 2024, Ch. 948, Sec. 18. ) ## 5365. A hearing shall be held on all petitions under this chapter within 30 days of the date of the petition. The court shall appoint the public defender or other attorney for the conservatee or proposed conservatee within five days after the date of the petition. (Amended by Stats. 1972, Ch. 574.)
  163. 5365.1.

    ## 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 3. Conservatorship for Persons with a Grave Disability [5350 - 5372] ( Heading of Chapter 3 amended by Stats. 2024, Ch. 948, Sec. 18. )

    Verify source ↗

    The conservatee or proposed conservatee may waive the presence of certain physicians or professional persons at a hearing, if advised by 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 3. Conservatorship for Persons with a Grave Disability [5350 - 5372] ( Heading of Chapter 3 amended by Stats. 2024, Ch. 948, Sec. 18. ) ## 5365.1. The conservatee or proposed conservatee may, upon advice of counsel, waive the presence at any hearing under this chapter of the physician or other professional person who recommended conservatorship pursuant to Section 5352 and of the physician providing evaluation or intensive treatment. In the event of such a waiver, such physician and professional persons shall not be required to be present at the hearing if it is stipulated that the recommendation and records of such physician or other professional person concerning the mental condition and treatment of the conservatee or proposed conservatee will be received in evidence. (Added by Stats. 1971, Ch. 1162.)
  164. 5366.1.

    ## 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 3. Conservatorship for Persons with a Grave Disability [5350 - 5372] ( Heading of Chapter 3 amended by Stats. 2024, Ch. 948, Sec. 18. )

    Verify source ↗

    Certain detained persons must be evaluated, may be detained for no more than 180 days after January 1, 1972, and must be released if they are not dangerous or gravely disabled unless they choose to stay voluntarily.

    ## 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 3. Conservatorship for Persons with a Grave Disability [5350 - 5372] ( Heading of Chapter 3 amended by Stats. 2024, Ch. 948, Sec. 18. ) ## 5366.1. (a) Any person detained as of June 30, 1969, under court commitment, in a private institution, a county psychiatric hospital, facility of the Veterans Administration, or other agency of the United States government, community mental health service, or detained in a state hospital or facility of the Veterans Administration upon application of a local health officer, pursuant to former Section 5567 or Sections 6000 to 6019, inclusive, as they read immediately preceding July 1, 1969, may be detained, after January 1, 1972, for a period no longer than 180 days, except as provided in this section. (b) Any person detained pursuant to this section on the effective date of this section shall be evaluated by the facility designated by the county and approved by the State Department of Health Care Services pursuant to Section 5150 as a facility for 72-hour treatment and evaluation. The evaluation shall be made at the request of the person in charge of the institution in which the person is detained. If in the opinion of the professional person in charge of the evaluation and treatment facility or his or her designee, the evaluation of the person can be made by the professional person or his or her designee at the institution in which the person is detained, the person shall not be required to be evaluated at the evaluation and treatment facility, but shall be evaluated at the institution where he or she is detained, or other place to determine if the person is a danger to others, himself or herself, or gravely disabled as a result of mental disorder. (c) Any person evaluated under this section shall be released from the institution in which he or she is detained immediately upon completion of the evaluation if in the opinion of the professional person in charge of the evaluation and treatment facility, or his or her designee, the person evaluated is not a danger to others, or to himself or herself, or gravely disabled as a result of mental disorder, unless the person agrees voluntarily to remain in the institution in which he or she has been detained. (d) If in the opinion of the professional person in charge of the facility or his or her designee, the person evaluated requires intensive treatment or recommendation for conservatorship, the professional person or his or her designee shall proceed under Article 4 (commencing with Section 5250) of Chapter 2, or under Chapter 3 (commencing with Section 5350), of Part 1 of Division 5. (e) If it is determined from the evaluation that the person is gravely disabled and a recommendation for conservatorship is made, and if the petition for conservatorship for the person is not filed by June 30, 1972, the court commitment or detention under a local health officer application for the person shall terminate and the patient shall be released unless he or she agrees to accept treatment on a voluntary basis. (Amended by Stats. 2013, Ch. 23, Sec. 37. (AB 82) Effective June 27, 2013.)
  165. 5367.

    ## 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 3. Conservatorship for Persons with a Grave Disability [5350 - 5372] ( Heading of Chapter 3 amended by Stats. 2024, Ch. 948, Sec. 18. )

    Verify source ↗

    A conservatorship under this chapter overrides earlier commitments under former code provisions for inebriates or mentally ill persons.

    ## 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 3. Conservatorship for Persons with a Grave Disability [5350 - 5372] ( Heading of Chapter 3 amended by Stats. 2024, Ch. 948, Sec. 18. ) ## 5367. Conservatorship established under this chapter shall supersede any commitment under former provisions of this code relating to inebriates or the mentally ill. (Amended by Stats. 1968, Ch. 1374.)
  166. 5368.

    ## 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 3. Conservatorship for Persons with a Grave Disability [5350 - 5372] ( Heading of Chapter 3 amended by Stats. 2024, Ch. 948, Sec. 18. )

    Verify source ↗

    A person who is no longer a conservatee must not be presumed incompetent just because they were previously a conservatee 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 3. Conservatorship for Persons with a Grave Disability [5350 - 5372] ( Heading of Chapter 3 amended by Stats. 2024, Ch. 948, Sec. 18. ) ## 5368. A person who is no longer a conservatee shall not be presumed to be incompetent by virtue of his having been a conservatee under the provisions of this part. (Added by Stats. 1967, Ch. 1667.)
  167. 5369.

    ## 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 3. Conservatorship for Persons with a Grave Disability [5350 - 5372] ( Heading of Chapter 3 amended by Stats. 2024, Ch. 948, Sec. 18. )

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    When a conservatee regains mental competence after pending criminal charges, the conservator must notify the court and certain officials, the court must order the defendant returned, and a hearing on bail or release on recognizance must be held within two judicial days.

    ## 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 3. Conservatorship for Persons with a Grave Disability [5350 - 5372] ( Heading of Chapter 3 amended by Stats. 2024, Ch. 948, Sec. 18. ) ## 5369. When a conservatee who has criminal charges pending against him and has been found mentally incompetent under Section 1370 of the Penal Code recovers his mental competence, the conservator shall certify that fact to the court, sheriff, and district attorney of the county in which the criminal charges are pending and to the defendant’s attorney of record. The court shall order the sheriff to immediately return the defendant to the court in which the criminal charges are pending. Within two judicial days of the defendant’s return, the court shall hold a hearing to determine whether the defendant is entitled to be admitted to bail or released upon his own recognizance pending conclusion of criminal proceedings. (Added by Stats. 1974, Ch. 1511.)
  168. 5370.

    ## 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 3. Conservatorship for Persons with a Grave Disability [5350 - 5372] ( Heading of Chapter 3 amended by Stats. 2024, Ch. 948, Sec. 18. )

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    A conservatorship proceeding may be started under this chapter for a person charged with an offense.

    ## 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 3. Conservatorship for Persons with a Grave Disability [5350 - 5372] ( Heading of Chapter 3 amended by Stats. 2024, Ch. 948, Sec. 18. ) ## 5370. Notwithstanding any other provision of law, a conservatorship proceeding may be initiated pursuant to this chapter for any person who has been charged with an offense, regardless of whether action is pending or has been initiated pursuant to Section 1370 of the Penal Code. (Added by Stats. 1974, Ch. 1511.)
  169. 5370.1.

    ## 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 3. Conservatorship for Persons with a Grave Disability [5350 - 5372] ( Heading of Chapter 3 amended by Stats. 2024, Ch. 948, Sec. 18. )

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    A court may appoint county counsel or a private attorney to represent a private conservator if the conservator lacks enough funds to hire a private attorney.

    ## 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 3. Conservatorship for Persons with a Grave Disability [5350 - 5372] ( Heading of Chapter 3 amended by Stats. 2024, Ch. 948, Sec. 18. ) ## 5370.1. The court in which a petition to establish a conservatorship is filed may appoint the county counsel or a private attorney to represent a private conservator in all proceedings connected with the conservatorship, if it appears that the conservator has insufficient funds to obtain the services of a private attorney. Such appointments of the county counsel, however, may be made only if the board of supervisors have, by ordinance or resolution, authorized the county counsel to accept them. (Amended by Stats. 1980, Ch. 415, Sec. 1.)
  170. 5370.2.

    ## 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 3. Conservatorship for Persons with a Grave Disability [5350 - 5372] ( Heading of Chapter 3 amended by Stats. 2024, Ch. 948, Sec. 18. )

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    Two state departments must contract with a qualifying nonprofit agency and coordinate through an MOU; the contractor must provide advocacy, investigations, consultation, review, training access, and a grievance procedure.

    ## 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 3. Conservatorship for Persons with a Grave Disability [5350 - 5372] ( Heading of Chapter 3 amended by Stats. 2024, Ch. 948, Sec. 18. ) ## 5370.2. (a) The State Department of State Hospitals and the State Department of Health Care Services shall contract with a single nonprofit agency that meets the criteria specified in subdivision (b) of Section 5510 to conduct the activities specified in paragraphs (1) to (5), inclusive. These two state departments shall enter into a memorandum of understanding to ensure the effective management of the contract and the required activities affecting county patients’ rights programs: (1) Provide patients’ rights advocacy services for, and conduct investigations of alleged or suspected abuse and neglect of, including deaths of, persons with mental disabilities residing in state hospitals. (2) Investigate and take action as appropriate and necessary to resolve complaints from or concerning recipients of mental health services residing in licensed health or community care facilities regarding abuse, and unreasonable denial, or punitive withholding of rights guaranteed under this division that cannot be resolved by county patients’ rights advocates. (3) Provide consultation, technical assistance, and support to county patients’ rights advocates in accordance with their duties under Section 5520. (4) Conduct program review of patients’ rights programs. (5) Make patients’ rights advocacy training materials readily accessible to all county patients’ rights advocates online. The training materials shall include, but are not limited to, the topics described in Section 5512. (b) The services shall be provided in coordination with the appropriate mental health patients’ rights advocates. (c) (1) The contractor shall develop a plan to provide patients’ rights advocacy services for, and conduct investigations of alleged or suspected abuse and neglect of, including the deaths of, persons with mental disabilities residing in state hospitals. (2) The contractor shall develop the plan in consultation with the statewide organization of mental health patients’ rights advocates, the statewide organization of mental health clients, and the statewide organization of family members of persons with mental disabilities, and the statewide organization of county mental health directors. (3) In order to ensure that persons with mental disabilities have access to high quality advocacy services, the contractor shall establish a grievance procedure and shall advise persons receiving services under the contract of the availability of other advocacy services, including services provided by the protection and advocacy agency specified in Section 4901 and the county patients’ rights advocates specified in Section 5520. (d) This section does not restrict or limit the authority of the department to conduct the reviews and investigations it deems necessary for personnel, criminal, and litigation purposes. (e) The State Department of State Hospitals and the State Department of Health Care Services shall jointly contract on a multiyear basis for a contract term of up to five years. (Amended by Stats. 2018, Ch. 237, Sec. 2. (AB 2316) Effective January 1, 2019.)
  171. 5371.

    ## 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 3. Conservatorship for Persons with a Grave Disability [5350 - 5372] ( Heading of Chapter 3 amended by Stats. 2024, Ch. 948, Sec. 18. )

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    People who evaluate a conservatee cannot have a financial or other beneficial interest in the facility where the conservatee is placed, and mental health treatment providers must sign a written agreement or protocol with the conservatorship investigator and administrator.

    ## 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 3. Conservatorship for Persons with a Grave Disability [5350 - 5372] ( Heading of Chapter 3 amended by Stats. 2024, Ch. 948, Sec. 18. ) ## 5371. No person upon whom a duty is placed to evaluate, or who, in fact, does evaluate a conservatee for any purpose under this chapter shall have a financial or other beneficial interest in the facility where the conservatee is to be, or has been placed. Conservatorship investigation and administration shall be conducted independently from any person or agency which provides mental health treatment for conservatees, if it has been demonstrated that the existing arrangement creates a conflict of interest between the treatment needs of the conservatee and the investigation or administration of the conservatorship. The person or agency responsible for the mental health treatment of conservatees shall execute a written agreement or protocol with the conservatorship investigator and administrator for the provision of services to conservatees. The agreement or protocol shall specify the responsibilities of each person or agency who is a party to the agreement or protocol, and shall specify a procedure to resolve disputes or conflicts of interest between agencies or persons. (Amended by Stats. 1986, Ch. 335, Sec. 2.)
  172. 5372.

    ## 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 3. Conservatorship for Persons with a Grave Disability [5350 - 5372] ( Heading of Chapter 3 amended by Stats. 2024, Ch. 948, Sec. 18. )

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    This section says Probate Code Section 1051 applies to conservatorships under this chapter, and the Judicial Council must adopt a rule of court to implement the section by January 1, 2008.

    ## 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 3. Conservatorship for Persons with a Grave Disability [5350 - 5372] ( Heading of Chapter 3 amended by Stats. 2024, Ch. 948, Sec. 18. ) ## 5372. (a) The provisions of Section 1051 of the Probate Code shall apply to conservatorships established pursuant to this chapter. (b) The Judicial Council shall, on or before January 1, 2008, adopt a rule of court to implement this section. (c) Subdivision (a) of this section shall become operative on January 1, 2008. (Added by Stats. 2006, Ch. 492, Sec. 5. Effective January 1, 2007.)
  173. 5400.

    ## 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 4. Administration [5400 - 5405] ( Chapter 4 added by Stats. 1967, Ch. 1667. )

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    The Director of Health Care Services must administer this part, adopt necessary rules and standards, and consult specified state and county mental health bodies when developing them.

    ## 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 4. Administration [5400 - 5405] ( Chapter 4 added by Stats. 1967, Ch. 1667. ) ## 5400. (a) The Director of Health Care Services shall administer this part and shall adopt rules, regulations, and standards as necessary. In developing rules, regulations, and standards, the Director of Health Care Services shall consult with the County Behavioral Health Directors Association of California, the California Behavioral Health Planning Council, and the office of the Attorney General. Adoption of these standards, rules, and regulations shall require approval by the County Behavioral Health Directors Association of California by majority vote of those present at an official session. (b) Wherever feasible and appropriate, rules, regulations, and standards adopted under this part shall correspond to comparable rules, regulations, and standards adopted under the Bronzan-McCorquodale Act. These corresponding rules, regulations, and standards shall include qualifications for professional personnel. (c) Regulations adopted pursuant to this part may provide standards for services for persons with chronic alcoholism that differ from the standards for services for persons with mental health disorders. (Amended by Stats. 2017, Ch. 511, Sec. 3. (AB 1688) Effective January 1, 2018.)
  174. 5400.1.

    ## 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 4. Administration [5400 - 5405] ( Chapter 4 added by Stats. 1967, Ch. 1667. )

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    The State Department of Health Care Services must issue guidance on Medi-Cal reimbursement for covered services tied to involuntary treatment for severe substance use disorder.

    ## 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 4. Administration [5400 - 5405] ( Chapter 4 added by Stats. 1967, Ch. 1667. ) ## 5400.1. (a) The State Department of Health Care Services shall issue guidance regarding Medi-Cal reimbursement for covered Medi-Cal services provided to an individual receiving involuntary treatment for a severe substance use disorder pursuant to this part. This guidance shall be consistent with Medi-Cal reimbursement for covered Medi-Cal services provided to an individual receiving involuntary treatment for a mental health disorder pursuant to this part, to the extent that federal financial participation under the Medi-Cal program is not jeopardized and all necessary federal approvals have been obtained. (b) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the State Department of Health Care Services may implement, interpret, or make specific this section, in whole or in part, by means of plan or county letters, information notices, plan or provider bulletins, or other similar instructions, without taking further regulatory action. (Added by Stats. 2024, Ch. 644, Sec. 6. (SB 1238) Effective January 1, 2025.)
  175. 5402.

    ## 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 4. Administration [5400 - 5405] ( Chapter 4 added by Stats. 1967, Ch. 1667. )

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    The department must collect quarterly data and publish an annual report by May 1, using deidentified information only.

    ## 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 4. Administration [5400 - 5405] ( Chapter 4 added by Stats. 1967, Ch. 1667. ) ## 5402. (a) The State Department of Health Care Services shall collect data quarterly and publish, on or before May 1 of each year, a report including quantitative, deidentified information concerning the operation of this division. The report shall include an evaluation of the effectiveness of achieving the legislative intent of this part pursuant to Section 5001. Based on information that is available from each county, the report shall include all of the following information: (1) The number of persons in designated and approved facilities admitted or detained for 72-hour evaluation and treatment, admitted for 14-day and 30-day periods of intensive treatment, and admitted for 180-day postcertification intensive treatment in each county. (2) The number of persons transferred to mental health facilities pursuant to Section 4011.6 of the Penal Code in each county. (3) The number of persons for whom temporary conservatorships are established in each county. (4) The number of persons for whom conservatorships are established in each county. (5) The number of persons admitted or detained either once, between two and five times, between six and eight times, and greater than eight times for each type of detention, including 72-hour evaluation and treatment, 14-day and 30-day periods of intensive treatment, and 180-day postcertification intensive treatment. (6) The clinical outcomes for individuals identified in paragraphs (1) to (4), inclusive. (7) The services provided or offered to individuals identified in paragraphs (1) to (4), inclusive. Data pertaining to services provided or offered to individuals placed on each type of hold shall include, but not be limited to, assessment, evaluation, medication treatment, crisis intervention, and psychiatric and psychological treatment services. Data pertaining to services shall specify the payer information or funding used to pay for services. (8) The waiting periods for individuals prior to receiving an evaluation in a designated and approved facility pursuant to Section 5150 or 5151 and waiting periods for individuals prior to receiving treatment services in a designated facility, including the reasons for waiting periods. The waiting period shall be calculated from the date and time when the hold began and end on the date and time when the individual received an evaluation or received evaluation and treatment services in a designated facility. (9) If the source of admission is an emergency department, the date and time of service and release from emergency care. (10) Demographic data of those receiving care, including age, sex, gender identity, race, ethnicity, primary language, sexual orientation, veteran status, and housing status, to the extent those data are available. (11) The number of all county-contracted beds. (12) The number and outcomes of all of the following: (A) The certification review hearings held pursuant to Section 5256. (B) The petitions for writs of habeas corpus filed pursuant to Section 5275. (C) The judicial review hearings held pursuant to Section 5276. (D) The petitions for capacity hearings filed pursuant to Section 5332. (E) The capacity hearings held pursuant to Section 5334 in each superior court. (13) Analysis and evaluation of the efficacy of mental health assessments, detentions, treatments, and supportive services provided both under this part and subsequent to release. (14) Recommendations for improving mental health assessments, detentions, treatments, and supportive services provided under this part and subsequent to release. (15) An assessment of the disproportionate use of detentions and conservatorships on various groups, including an assessment of use by the race, ethnicity, gender identity, age group, veteran status, housing status, and Medi-Cal enrollment status of detained and conserved persons. This assessment shall evaluate disproportionate use at the county, regional, and state levels. (16) An explanation for the absence of any data required pursuant to this section that are not included in the report. (17) Beginning with the report due May 1, 2025, the report shall also include the progress that has been made on implementing recommendations from prior reports issued under this subdivision. (18) Beginning with the report due May 1, 2024, the number of persons admitted or detained, including 72-hour evaluations and treatment, 14-day and 30-day periods of intensive treatment, and 180-day postcertification intensive treatment, for each of the following conditions: (A) Danger to self. (B) Danger to others. (C) Grave disability due to a mental health disorder. (D) Grave disability due to a severe substance use disorder. (E) Grave disability due to both a mental health disorder and a severe substance use disorder. (19) (A) Beginning with the report due May 1, 2026, all of the information reported by facilities to county behavioral health directors pursuant to paragraph (3) of subdivision (b) of Section 5336. (B) This paragraph shall be inoperative on January 1, 2030. (b) (1) (A) Each county behavioral health director shall provide accurate and complete data to the department in a form and manner, and in accordance with timelines, prescribed by the department. (B) County behavioral health directors shall provide the data specified in paragraphs (1) to (11), inclusive, of subdivision (a), and any other information, records, and reports that the department deems necessary for the purposes of this section. (C) Data shall be submitted on a quarterly basis, or more frequently, as required by the department. The department shall not have access to patient name identifiers. (2) (A) Each designated and approved facility that admits, detains, or provides services to persons pursuant to this part and Part 1.5 (commencing with Section 5585) and each other entity involved in implementing Section 5150 shall collect and provide accurate and complete data to the county behavioral health director in the county in which they operate to meet the reporting obligations specified in paragraphs (1) to (11), inclusive, of subdivision (a) and any other information, records, and reports that the county or the department deems necessary for the purposes of this section. (B) A county may establish policies and procedures for this paragraph to ensure compliance with the requirements of this section. These facilities and entities shall collect and report data to the county behavioral health director consistent with the county’s policies and procedures, if established. (C) Data shall be submitted to the county behavioral health director on a quarterly basis, or more frequently, as required by the county. (3) A county behavioral health director shall provide the accurate and complete data it receives pursuant to paragraph (2) to the department pursuant to paragraph (1). (4) All data submitted to the department by each county behavioral health director shall be transmitted in a secure manner in compliance with all applicable state and federal requirements, including, but not limited to, Section 164.312 of Title 45 of the Code of Federal Regulations. (c) Information published pursuant to subdivision (a) shall not contain data that may lead to the identification of patients receiving services under this division and shall contain statistical data only. Data published by the department shall be deidentified in compliance with subdivision (b) of Section 164.514 of Title 45 of the Code of Federal Regulations. (d) The Judicial Council shall provide the department, by October 1 of each year, with data from each superior court to complete the report described in this section, including the number and outcomes of certification review hearings held pursuant to Section 5256, petitions for writs of habeas corpus filed pursuant to Section 5275, judicial review hearings held pursuant to Section 5276, petitions for capacity hearings filed pursuant to Section 5332, and capacity hearings held pursuant to Section 5334 in each superior court. The department shall not have access to patient name identifiers. (e) The department shall make the report publicly available on the department’s internet website. (f) (1) The department may impose a plan of correction or assess civil money penalties, pursuant to paragraph (3), or both, against a designated and approved facility that fails to submit data on a timely basis or as otherwise required by this section. (2) The department may impose a plan of correction or assess civil money penalties, pursuant to paragraph (3), or both, against a county that fails to submit data on a timely basis or as otherwise required by this section. (3) The department may assess civil money penalties against a designated and approved facility or county in the amount of fifty dollars ($50) per day from the date specified in the notice to impose civil money penalties from the department. (4) (A) A designated and approved facility or county may submit an informal written appeal of a civil money penalty to the department within 30 calendar days of the date of issuance of a notice to impose civil money penalties. (B) The designated and approved facility or county shall include any supporting documentation and explain any mitigating circumstances. (C) The department shall make a determination on the appeal within 60 calendar days of receipt of the informal written appeal. (5) (A) A designated and approved facility or county may request a formal hearing within 30 calendar days following the issuance of the department’s final determination on the appeal pursuant to paragraph (4). (B) All hearings to review the imposition of civil money penalties shall be held pursuant to the procedures set forth in Section 100171 of the Health and Safety Code. (C) Civil money penalties imposed upon a designated and approved facility or county shall continue to accrue until the effective date of the final decision of the department. (g) (1) The Lanterman-Petris-Short Act Data and Reporting Oversight Fund is hereby created in the State Treasury. (2) The Lanterman-Petris-Short Act Data and Reporting Oversight Fund shall be administered by the State Department of Health Care Services. (3) Civil money penalties assessed and collected pursuant to subdivision (f) shall be deposited into this fund. (4) (A) Notwithstanding Section 13340 of the Government Code, moneys deposited in the Lanterman-Petris-Short Act Data and Reporting Oversight Fund shall be continuously appropriated, without regard to fiscal year, to the State Department of Health Care Services for the purposes of funding its oversight activities and administrative costs associated with implementing this section. (B) Notwithstanding any other law, the Controller may use the moneys in the Lanterman-Petris-Short Act Data and Reporting Oversight Fund for cashflow loans to the General Fund as provided in Sections 16310 and 16381 of the Government Code. (h) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department may implement, interpret, or make specific this section, in whole or in part, by means of information notices, provider bulletins, or other similar instructions, without taking any further regulatory action. (i) The department may enter into exclusive or nonexclusive contracts, or amend existing contracts, on a bid or negotiated basis for purposes of administering or implementing the requirements of this section. Contracts entered into or amended pursuant to this section shall be exempt from Chapter 6 (commencing with Section 14825) of Part 5.5 of Division 3 of Title 2 of the Government Code, Section 19130 of the Government Code, and Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code, and shall be exempt from the review or approval of any division of the Department of General Services. (Amended by Stats. 2024, Ch. 643, Sec. 5. (SB 1184) Effective January 1, 2025.)
  176. 5402.2.

    ## 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 4. Administration [5400 - 5405] ( Chapter 4 added by Stats. 1967, Ch. 1667. )

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    The Director of State Hospitals must develop a master plan for using state hospital facilities and identifying levels of 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 4. Administration [5400 - 5405] ( Chapter 4 added by Stats. 1967, Ch. 1667. ) ## 5402.2. The Director of State Hospitals shall develop a master plan for the utilization of state hospital facilities identifying levels of care. The level of care shall be either general acute care, skilled nursing care, subacute, intermediate care, or residential care. (Amended by Stats. 2012, Ch. 24, Sec. 133. (AB 1470) Effective June 27, 2012.)
  177. 5402.5.

    ## 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 4. Administration [5400 - 5405] ( Chapter 4 added by Stats. 1967, Ch. 1667. )

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    This section requires the health services department to convene a stakeholder group and sets duties for counties and designated facilities to create and implement a care coordination plan for people leaving temporary holds or conservatorships.

    ## 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 4. Administration [5400 - 5405] ( Chapter 4 added by Stats. 1967, Ch. 1667. ) ## 5402.5. (a) On or before December 1, 2023, the State Department of Health Care Services shall convene a stakeholder group to create a model care coordination plan to be followed when discharging those held under temporary holds pursuant to Section 5152 or a conservatorship. The stakeholder group shall include, at a minimum, the County Behavioral Health Directors Association of California, the California Chapter of the American College of Emergency Physicians, the California Hospital Association, Medi-Cal managed care plans, private insurance plans, other organizations representing the various facilities where individuals may be detained under temporary holds or a conservatorship, other appropriate entities or agencies as determined by the department, and advocacy organizations representing those who have been involuntarily detained or conserved, as well as individuals who have been detained or conserved. (b) The model care coordination plan and process shall outline who will be on the care team and how the communication will occur to coordinate care. It shall specify that the care coordination is a shared responsibility between, at a minimum, the county, the facility, and the health care payer, if different from the county. The model care coordination plan shall, at a minimum, also address the following: (1) The roles of each entity to ensure continuity of services and care for all individuals exiting involuntary holds, including how referrals will be made and appointments will be scheduled pursuant to subdivision (d) of Section 5008. This shall include all of the following: (A) Identification of county resources, programs, and contact information to facilitate referrals for individuals exiting involuntary holds or intensive treatment, including, but not limited to, suicide prevention, substance use disorder treatment, Medi-Cal Enhanced Care Management, Full Service Partnerships, assisted outpatient treatment, early psychosis intervention services, and resources published pursuant to Section 5013. (B) Hospital aftercare and discharge planning processes pursuant to Sections 1262 and 1262.5 of the Health and Safety Code. (C) Hospital policies and procedures in compliance with nationally accepted accreditation standards to reduce the risk of suicide, including, but not limited to, screening and assessing patients for suicidal ideation and suicidal risk, developing a safety plan with patients at risk for suicide, and following written policies and procedures addressing the care, counseling, and followup care at discharge for patients at risk for suicide. (2) A requirement that the care coordination plan for an individual exiting a temporary hold or a conservatorship include a detailed plan that includes a scheduled first appointment with the health plan, the mental health plan, a primary care provider, or another appropriate provider to whom the person has been referred. (3) County procedures and contact information for the availability of designated persons for the purpose of conducting an assessment pursuant to Section 5150. Designated individuals shall be available on a 24-hours-per-day, seven-days-per-week basis in order to ensure that individuals are released from the hold as soon as possible after it is determined they no longer require detention. In no event may the individual be involuntarily held beyond when they would otherwise qualify for release. (4) County procedures for facilities and professional persons to request designation to perform assessments and evaluations, pursuant to Sections 5151 and 5152. (5) County procedures and contact information facilities are required to use to obtain an assessment and evaluation of an individual, pursuant to Sections 5151 and 5152. (6) Defined expectations for information sharing, including notification of and transmittal of applications pursuant to Section 5150 and plans to periodically convene to identify and resolve challenges. (c) (1) Each county mental health department shall ensure that a care coordination plan that ensures continuity of services and care in the community for all individuals exiting holds or a conservatorship pursuant to this part is established. (2) All facilities designated by the counties for evaluation and treatment under this part shall implement the model care coordination plan on or before August 1, 2024. (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 Section 5402.5 by means of all-county letters, plan letters, plan or provider bulletins, or similar instructions, without taking any further regulatory action. (Added by Stats. 2022, Ch. 867, Sec. 5. (AB 2242) Effective January 1, 2023.)
  178. 5403.

    ## 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 4. Administration [5400 - 5405] ( Chapter 4 added by Stats. 1967, Ch. 1667. )

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    For a limited period, department regulations did not need approval from the California Conference of Local Mental Health Directors, and the department must still involve that conference when developing regulations affecting local mental health programs before promulgation.

    ## 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 4. Administration [5400 - 5405] ( Chapter 4 added by Stats. 1967, Ch. 1667. ) ## 5403. (a) From July 1, 1991 to June 30, 1993, inclusive, regulations promulgated by the department shall not be subject to the approval of the California Conference of Local Mental Health Directors. The impact of this subdivision on regulatory timing shall be included in the department’s report to the Legislature on September 30, 1992. (b) The department shall continue to involve the conference in the development of all regulations which affect local mental health programs prior to the promulgation of those regulations pursuant to the Administrative Procedure Act. (Amended by Stats. 1991, Ch. 611, Sec. 34. Effective October 7, 1991.)
  179. 5404.

    ## 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 4. Administration [5400 - 5405] ( Chapter 4 added by Stats. 1967, Ch. 1667. )

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    Counties may designate certain facilities for treatment services, but the facilities must meet state designation requirements and the state department must approve the designations.

    ## 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 4. Administration [5400 - 5405] ( Chapter 4 added by Stats. 1967, Ch. 1667. ) ## 5404. (a) Counties may designate facilities to provide evaluation and treatment in accordance with Article 1 (commencing with Section 5150) of Chapter 2 of this part, and intensive treatment in accordance with Article 4 (commencing with Section 5250) to Article 4.7 (commencing with Section 5270.10), inclusive, and Article 6 (commencing with Section 5300) of Chapter 2 of this part. Designated facilities shall meet those designation requirements duly established by the State Department of Health Care Services. Subject to requirements duly established by the State Department of Health Care Services, counties may designate appropriate facilities, that are not hospitals or clinics. (b) The State Department of Health Care Services shall approve county designation of facilities to provide the types of treatment described in subdivision (a). (c) All regulations relating to the approval of facilities designated by the county in accordance with this part, heretofore adopted by the State Department of Mental Health, or a successor, shall remain in effect and shall be fully enforceable by the State Department of Health Care Services with respect to the designation of any facility or program required to be approved to provide the types of treatment described in subdivision (a), unless and until readopted, amended, or repealed by the State Department of Health Care Services. The State Department of Health Care Services shall succeed to and be vested with all duties, powers, purposes, functions, responsibilities, and jurisdiction of the State Department of Mental Health, or a successor, as they relate to approval of facilities to provide the types of treatment described in subdivision (a). (d) The State Department of Health Care Services shall, in consultation with the County Behavioral Health Directors Association of California, provider representatives, substance use treatment representatives, patients’ rights advocates, disability rights advocates, and other relevant stakeholders, establish updated regulations for the purpose of developing designation requirements for facilities who are admitting and treating persons involuntarily pursuant to this part. At a minimum, the regulations shall include all of the following: (1) Minimum substance use disorder related service requirements with sufficient substance use disorder staff to maintain appropriate substance use disorder only and cooccurring disorder programs, treatment setting, services, and safety measures, based on the individual patient’s substance use disorder needs. (2) Standards for offering medications for addiction treatment (MAT) or an effective referral process in place with narcotic treatment programs, community health centers, or other MAT providers. (3) Length of stay standards consistent with evidence-based care for substance use disorders. (4) Discharge planning for substance use disorder services, consistent with existing requirements. (5) Privacy and data sharing requirements, including, but not limited to, developing guidance and tools to facilitate data sharing for care coordination and discharge purposes. (6) The process for transitioning and assisting designated facilities to meet updated regulatory requirements, including, but not limited to, providing substance use disorder services. (7) Systems of public accountability and oversight that include, but are not limited to, readiness to meet, and ongoing maintenance of, required standards for staffing, facilities, and care established pursuant to this section. (e) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the State Department of Health Care Services may implement, interpret, or make specific this section, in whole or in part, by means of plan or county letters, information notices, plan or provider bulletins, or other similar instructions, until the time regulations are adopted no later than December 31, 2027. (Amended by Stats. 2025, Ch. 67, Sec. 190. (AB 1170) Effective January 1, 2026.)
  180. 5405.

    ## 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 4. Administration [5400 - 5405] ( Chapter 4 added by Stats. 1967, Ch. 1667. )

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    Certain licensed facilities must do fingerprint-based criminal background checks for applicants, licensees, direct care staff, and some contractors, and the health department can deny or revoke approval based on specified convictions.

    ## 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 4. Administration [5400 - 5405] ( Chapter 4 added by Stats. 1967, Ch. 1667. ) ## 5405. (a) This section shall apply to each facility licensed by the State Department of Health Care Services, or its delegated agent, on or after January 1, 2003. For purposes of this section, “facility” means psychiatric health facilities, as defined in Section 1250.2 of the Health and Safety Code, licensed pursuant to Chapter 9 (commencing with Section 77001) of Division 5 of Title 22 of the California Code of Regulations, psychiatric residential treatment facilities, as defined in Section 1250.10 of the Health and Safety Code, licensed pursuant to Section 4081 of the Welfare and Institutions Code, and mental health rehabilitation centers licensed pursuant to Chapter 3.5 (commencing with Section 781.00) of Division 1 of Title 9 of the California Code of Regulations. (b) (1) (A) Prior to the initial licensure or first renewal of a license on or after January 1, 2003, of any person to operate or manage a facility specified in subdivision (a), the applicant or licensee shall submit fingerprint images and related information pertaining to the applicant or licensee to the Department of Justice for purposes of a criminal record check, as specified in paragraph (2), at the expense of the applicant or licensee. The Department of Justice shall provide the results of the criminal record check to the State Department of Health Care Services. The State Department of Health Care Services may take into consideration information obtained from or provided by other government agencies. The State Department of Health Care Services shall determine whether the applicant or licensee has ever been convicted of a crime specified in subdivision (c). The applicant or licensee shall submit fingerprint images and related information each time the position of administrator, manager, program director, or fiscal officer of a facility is filled and prior to actual employment for initial licensure or an individual who is initially hired on or after January 1, 2003. For purposes of this subdivision, “applicant” and “licensee” include the administrator, manager, program director, or fiscal officer of a facility. (B) Commencing July 1, 2013, upon the employment of, or contract with or for, any direct care staff, the direct care staff person or licensee shall submit fingerprint images and related information pertaining to the direct care staff person to the Department of Justice for purposes of a criminal record check, as specified in paragraph (2), at the expense of the direct care staff person or licensee. The Department of Justice shall provide the results of the criminal record check to the State Department of Health Care Services. The State Department of Health Care Services shall determine whether the direct care staff person has ever been convicted of a crime specified in subdivision (c). The State Department of Health Care Services shall notify the licensee of these results. No direct client contact by the trainee or newly hired staff, or by any direct care contractor shall occur prior to clearance by the State Department of Health Care Services unless the trainee, newly hired employee, contractor, or employee of the contractor is constantly supervised. (C) Commencing July 1, 2013, any contract for services provided directly to patients or residents shall contain provisions to ensure that the direct services contractor submits to the Department of Justice fingerprint images and related information pertaining to the direct services contractor for submission to the State Department of Health Care Services for purposes of a criminal record check, as specified in paragraph (2), at the expense of the direct services contractor or licensee. The Department of Justice shall provide the results of the criminal record check to the State Department of Health Care Services. The State Department of Health Care Services shall determine whether the direct services contractor has ever been convicted of a crime specified in subdivision (c). The State Department of Health Care Services shall notify the licensee of these results. (2) If the applicant, licensee, direct care staff person, or direct services contractor specified in paragraph (1) has resided in California for at least the previous seven years, the applicant, licensee, direct care staff person, or direct services contractor shall only submit one set of fingerprint images and related information to the Department of Justice. The Department of Justice shall charge a fee sufficient to cover the reasonable cost of processing the fingerprint submission. Fingerprints and related information submitted pursuant to this subdivision include fingerprint images captured and transmitted electronically. When requested, the Department of Justice shall forward one set of fingerprint images to the Federal Bureau of Investigation for the purpose of obtaining any record of previous convictions or arrests pending adjudication of the applicant, licensee, direct care staff person, or direct services contractor. The results of a criminal record check provided by the Department of Justice shall contain every conviction rendered against an applicant, licensee, direct care staff person, or direct services contractor, and every offense for which the applicant, licensee, direct care staff person, or direct services contractor is presently awaiting trial, whether the person is incarcerated or has been released on bail or on their own recognizance pending trial. The State Department of the Health Care Services shall request subsequent arrest notification from the Department of Justice pursuant to Section 11105.2 of the Penal Code. (3) An applicant and any other person specified in this subdivision, as part of the background clearance process, shall provide information as to whether or not the person has any prior criminal convictions, has had any arrests within the past 12-month period, or has any active arrests, and shall certify that, to the best of their knowledge, the information provided is true. This requirement is not intended to duplicate existing requirements for individuals who are required to submit fingerprint images as part of a criminal background clearance process. Every applicant shall provide information on any prior administrative action taken against them by any federal, state, or local government agency and shall certify that, to the best of their knowledge, the information provided is true. An applicant or other person required to provide information pursuant to this section that knowingly or willfully makes false statements, representations, or omissions may be subject to administrative action, including, but not limited to, denial of their application or exemption or revocation of any exemption previously granted. (c) (1) The State Department of Health Care Services shall deny any application for any license, suspend or revoke any existing license, and disapprove or revoke any employment or contract for direct services, if the applicant, licensee, employee, or direct services contractor has been convicted of, or incarcerated for, a felony defined in subdivision (c) of Section 667.5 of, or subdivision (c) of Section 1192.7 of, the Penal Code, within the preceding 10 years. (2) The application for licensure or renewal of any license shall be denied, and any employment or contract to provide direct services shall be disapproved or revoked, if the criminal record of the person includes a conviction in another jurisdiction for an offense that, if committed or attempted in this state, would have been punishable as one or more of the offenses referred to in paragraph (1). (d) (1) The State Department of Health Care Services may approve an application for, or renewal of, a license, or continue any employment or contract for direct services, if the person has been convicted of a misdemeanor offense that is not a crime upon the person of another, the nature of which has no bearing upon the duties for which the person will perform as a licensee, direct care staff person, or direct services contractor. In determining whether to approve the application, employment, or contract for direct services, the department shall take into consideration the factors enumerated in paragraph (2). (2) Notwithstanding subdivision (c), if the criminal record of a person indicates any conviction other than a minor traffic violation, the State Department of Health Care Services may deny the application for license or renewal, and may disapprove or revoke any employment or contract for direct services. In determining whether or not to deny the application for licensure or renewal, or to disapprove or revoke any employment or contract for direct services, the department shall take into consideration the following factors: (A) The nature and seriousness of the offense under consideration and its relationship to the person’s employment, duties, and responsibilities. (B) Activities since conviction, including employment or participation in therapy or education, that would indicate changed behavior. (C) The time that has elapsed since the commission of the conduct or offense and the number of offenses. (D) The extent to which the person has complied with any terms of parole, probation, restitution, or any other sanction lawfully imposed against the person. (E) Any rehabilitation evidence, including character references, submitted by the person. (F) Employment history and current employer recommendations. (G) Circumstances surrounding the commission of the offense that would demonstrate the unlikelihood of repetition. (H) The granting by the Governor of a full and unconditional pardon. (I) A certificate of rehabilitation from a superior court. (e) Denial, suspension, or revocation of a license, or disapproval or revocation of any employment or contract for direct services specified in subdivision (c) and paragraph (2) of subdivision (d) are not subject to appeal, except as provided in subdivision (f). (f) After a review of the record, the director may grant an exemption from denial, suspension, or revocation of any license, or disapproval of any employment or contract for direct services, if the crime for which the person was convicted was a property crime that did not involve injury to any person and the director has substantial and convincing evidence to support a reasonable belief that the person is of such good character as to justify issuance or renewal of the license or approval of the employment or contract. (g) A plea or verdict of guilty, or a conviction following a plea of nolo contendere shall be deemed a conviction within the meaning of this section. The State Department of Health Care Services may deny any application, or deny, suspend, or revoke a license, or disapprove or revoke any employment or contract for direct services based on a conviction specified in subdivision (c) when the judgment of conviction is entered or when an order granting probation is made suspending the imposition of sentence. (h) (1) For purposes of this section, “direct care staff” means any person who is an employee, contractor, or volunteer who has contact with other patients or residents in the provision of services. Administrative and licensed personnel shall be considered direct care staff when directly providing program services to participants. (2) An additional background check shall not be required pursuant to this section if the direct care staff or licensee has received a prior criminal history background check while working in a mental health rehabilitation center, psychiatric residential treatment facility, or psychiatric health facility licensed by the State Department of Health Care Services, and provided the department has maintained continuous subsequent arrest notification on the individual from the Department of Justice since the prior criminal background check was initiated. (3) When an application is denied on the basis of a conviction pursuant to this section, the State Department of Health Care Services shall provide the individual whose application was denied with notice, in writing, of the specific grounds for the proposed denial. (Amended by Stats. 2022, Ch. 589, Sec. 13. (AB 2317) Effective January 1, 2023.)
  181. 5510.

    ## 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 6.2. Mental Health Advocacy [5500 - 5550] ( Heading of Chapter 6.2 renumbered from Chapter 6 (as added by Stats. 1981, Ch. 841) by Stats. 1986, Ch. 248, Sec. 251. ) ## ARTICLE 2. Patients’ Rights Program [5510 - 5514] ( Heading of Article 2 amended by Stats. 2012, Ch. 34, Sec. 105. )

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    The State Department of State Hospitals and the State Department of Health Care Services must contract with a single nonprofit entity for specified protection and advocacy services, and they must coordinate through a memorandum of understanding.

    ## 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 6.2. Mental Health Advocacy [5500 - 5550] ( Heading of Chapter 6.2 renumbered from Chapter 6 (as added by Stats. 1981, Ch. 841) by Stats. 1986, Ch. 248, Sec. 251. ) ## ARTICLE 2. Patients’ Rights Program [5510 - 5514] ( Heading of Article 2 amended by Stats. 2012, Ch. 34, Sec. 105. ) ## 5510. (a) The Legislature finds and declares as follows: (1) The State of California accepts its responsibility to ensure and uphold the right of persons with mental disabilities and an obligation, to be executed by the State Department of State Hospitals and the State Department of Health Care Services, to ensure that mental health laws, regulations and policies on the rights of recipients of mental health services are observed and protected in state hospitals and in licensed health and community care facilities. (2) Persons with mental illness are vulnerable to abuse, neglect, and unreasonable and unlawful deprivations of their rights. (3) Patients’ rights advocacy and investigative services concerning patient abuse and neglect previously provided by the State Department of Mental Health, including the Office of Human Rights and investigator, and state hospitals’ patients’ rights advocates and state hospital investigators and transferred to the State Department of Health Care Services and the State Department of State Hospitals, may have had or have conflicts of interest or the appearance of a conflict of interest. (4) The services provided to patients and their families are of such a special and unique nature that they must be contracted out pursuant to paragraph (3) of subdivision (b) of Section 19130 of the Government Code. (b) Therefore, to avoid the potential for a conflict of interest or the appearance of a conflict of interest, it is the intent of the Legislature that the patients’ rights advocacy and investigative services described in this article be provided by a single contractor specified in Section 5370.2 that meets both of the following criteria: (1) The contractor can demonstrate the capability to provide statewide advocacy services for persons with mental disabilities. (2) The contractor has no direct or indirect responsibility for providing services to persons with mental disabilities, except advocacy services. (c) For the purposes of this article, the Legislature further finds and declares, because of a potential conflict of interest or the appearance of a conflict of interest, that the goals and purposes of the state patients’ rights advocacy and investigative services cannot be accomplished through the utilization of persons selected pursuant to the regular state civil service system. Accordingly, the contracts into which the department enters pursuant to this section are permitted and authorized by paragraphs (3) and (5) of subdivision (b) of Section 19130 of the Government Code. (d) The State Department of State Hospitals and the State Department of Health Care Services shall contract with a single nonprofit entity to provide for the protection and advocacy services to persons with mental disabilities, as specified in Section 5370.2. The State Department of Health Care Services and the State Department of State Hospitals shall enter into a memorandum of understanding to ensure the effective management of the contract and the required activities affecting county patients’ rights programs. The entity shall be responsible for ensuring that mental health laws, regulations, and policies on the rights of recipients of mental health services are observed in state hospitals and in licensed health and community care facilities. (e) The findings and declarations of potential conflict of interest provided in this section shall not apply to advocacy services provided under Article 3 (commencing with Section 5520). (Amended by Stats. 2012, Ch. 34, Sec. 106. (SB 1009) Effective June 27, 2012.)
  182. 5511.

    ## 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 6.2. Mental Health Advocacy [5500 - 5550] ( Heading of Chapter 6.2 renumbered from Chapter 6 (as added by Stats. 1981, Ch. 841) by Stats. 1986, Ch. 248, Sec. 251. ) ## ARTICLE 2. Patients’ Rights Program [5510 - 5514] ( Heading of Article 2 amended by Stats. 2012, Ch. 34, Sec. 105. )

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    State hospital leaders may hire independent people or agencies to provide patients’ rights advocacy services in state hospitals.

    ## 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 6.2. Mental Health Advocacy [5500 - 5550] ( Heading of Chapter 6.2 renumbered from Chapter 6 (as added by Stats. 1981, Ch. 841) by Stats. 1986, Ch. 248, Sec. 251. ) ## ARTICLE 2. Patients’ Rights Program [5510 - 5514] ( Heading of Article 2 amended by Stats. 2012, Ch. 34, Sec. 105. ) ## 5511. The Director of State Hospitals or the executive director of each state hospital may contract with independent persons or agencies to perform patients’ rights advocacy services in state hospitals. (Amended by Stats. 2014, Ch. 144, Sec. 98. (AB 1847) Effective January 1, 2015.)
  183. 5512.

    ## 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 6.2. Mental Health Advocacy [5500 - 5550] ( Heading of Chapter 6.2 renumbered from Chapter 6 (as added by Stats. 1981, Ch. 841) by Stats. 1986, Ch. 248, Sec. 251. ) ## ARTICLE 2. Patients’ Rights Program [5510 - 5514] ( Heading of Article 2 amended by Stats. 2012, Ch. 34, Sec. 105. )

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    The Section 5510 contractor must provide training for county patients’ rights advocates.

    ## 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 6.2. Mental Health Advocacy [5500 - 5550] ( Heading of Chapter 6.2 renumbered from Chapter 6 (as added by Stats. 1981, Ch. 841) by Stats. 1986, Ch. 248, Sec. 251. ) ## ARTICLE 2. Patients’ Rights Program [5510 - 5514] ( Heading of Article 2 amended by Stats. 2012, Ch. 34, Sec. 105. ) ## 5512. Training of county patients’ rights advocates shall be provided by the contractor specified in Section 5510 responsible for the provision of protection and advocacy services to persons with mental disabilities. Training shall be directed at ensuring that all county patients’ rights advocates possess: (a) Knowledge of the service system, financial entitlements, and service rights of persons receiving mental health services. This knowledge shall include, but need not be limited to, knowledge of available treatment and service resources in order to ensure timely access to treatment and services. (b) Knowledge of patients’ rights in institutional and community facilities. (c) Knowledge of civil commitment statutes and procedures. (d) Knowledge of state and federal laws and regulations affecting recipients of mental health services. (e) Ability to work effectively and respectfully with service recipients and providers, public administrators, community groups, and the judicial system. (f) Skill in interviewing and counseling service recipients, including giving information and appropriate referrals. (g) Ability to investigate and assess complaints and screen for legal problems. (h) Knowledge of administrative and judicial due process proceedings in order to provide representation at administrative hearings and to assist in judicial hearings when necessary to carry out the intent of Section 5522 regarding cooperation between advocates and legal representatives. (i) Knowledge of, and commitment to, advocacy ethics and principles. (j) This section shall become operative on January 1, 1996. (Amended (as added by Stats. 1992, Ch. 722, Sec. 29) by Stats. 1995, Ch. 546, Sec. 6. Effective January 1, 1996. Section operative January 1, 1996, by its own provisions.)
  184. 5513.

    ## 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 6.2. Mental Health Advocacy [5500 - 5550] ( Heading of Chapter 6.2 renumbered from Chapter 6 (as added by Stats. 1981, Ch. 841) by Stats. 1986, Ch. 248, Sec. 251. ) ## ARTICLE 2. Patients’ Rights Program [5510 - 5514] ( Heading of Article 2 amended by Stats. 2012, Ch. 34, Sec. 105. )

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    The patients’ rights program must act as a liaison between county patients’ rights advocates and the State Department of 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 6.2. Mental Health Advocacy [5500 - 5550] ( Heading of Chapter 6.2 renumbered from Chapter 6 (as added by Stats. 1981, Ch. 841) by Stats. 1986, Ch. 248, Sec. 251. ) ## ARTICLE 2. Patients’ Rights Program [5510 - 5514] ( Heading of Article 2 amended by Stats. 2012, Ch. 34, Sec. 105. ) ## 5513. The patients’ rights program shall serve as a liaison between county patients’ rights advocates and the State Department of Health Care Services. (Amended by Stats. 2012, Ch. 34, Sec. 107. (SB 1009) Effective June 27, 2012.)
  185. 5514.

    ## 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 6.2. Mental Health Advocacy [5500 - 5550] ( Heading of Chapter 6.2 renumbered from Chapter 6 (as added by Stats. 1981, Ch. 841) by Stats. 1986, Ch. 248, Sec. 251. ) ## ARTICLE 2. Patients’ Rights Program [5510 - 5514] ( Heading of Article 2 amended by Stats. 2012, Ch. 34, Sec. 105. )

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    A five-person Patients’ Rights Committee is formed through the California Behavioral Health Planning Council to advise state health officials and review county mental health plan protections for patients’ rights.

    ## 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 6.2. Mental Health Advocacy [5500 - 5550] ( Heading of Chapter 6.2 renumbered from Chapter 6 (as added by Stats. 1981, Ch. 841) by Stats. 1986, Ch. 248, Sec. 251. ) ## ARTICLE 2. Patients’ Rights Program [5510 - 5514] ( Heading of Article 2 amended by Stats. 2012, Ch. 34, Sec. 105. ) ## 5514. There shall be a five-person Patients’ Rights Committee formed through the California Behavioral Health Planning Council. This committee, supplemented by two ad hoc members appointed by the chairperson of the committee, shall advise the Director of Health Care Services and the Director of State Hospitals regarding department policies and practices that affect patients’ rights. The committee shall also review the advocacy and patients’ rights components of each county mental health plan or performance contract and advise the Director of Health Care Services and the Director of State Hospitals concerning the adequacy of each plan or performance contract in protecting patients’ rights. The ad hoc members of the committee shall be persons with substantial experience in establishing and providing independent advocacy services to recipients of mental health services. (Amended by Stats. 2017, Ch. 511, Sec. 4. (AB 1688) Effective January 1, 2018.)
  186. 5520.

    ## 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 6.2. Mental Health Advocacy [5500 - 5550] ( Heading of Chapter 6.2 renumbered from Chapter 6 (as added by Stats. 1981, Ch. 841) by Stats. 1986, Ch. 248, Sec. 251. ) ## ARTICLE 3. County Advocates [5520 - 5525] ( Article 3 added by Stats. 1981, Ch. 841, Sec. 7. )

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    Local mental health directors must appoint or contract for one or more county patients’ rights advocates, and those advocates must carry out listed complaint, monitoring, training, notification, and coordination duties.

    ## 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 6.2. Mental Health Advocacy [5500 - 5550] ( Heading of Chapter 6.2 renumbered from Chapter 6 (as added by Stats. 1981, Ch. 841) by Stats. 1986, Ch. 248, Sec. 251. ) ## ARTICLE 3. County Advocates [5520 - 5525] ( Article 3 added by Stats. 1981, Ch. 841, Sec. 7. ) ## 5520. Each local mental health director shall appoint, or contract for the services of, one or more county patients’ rights advocates. The duties of these advocates shall include, but not be limited to, the following: (a) To receive and investigate complaints from or concerning recipients of mental health services residing in licensed health or community care facilities regarding abuse, unreasonable denial or punitive withholding of rights guaranteed under the provisions of Division 5 (commencing with Section 5000). (b) To monitor mental health facilities, services and programs for compliance with statutory and regulatory patients’ rights provisions. (c) To provide training and education about mental health law and patients’ rights to mental health providers. (d) To ensure that recipients of mental health services in all licensed health and community care facilities are notified of their rights. (e) To exchange information and cooperate with the patients’ rights program. This section does not constitute a change in, but is declarative of the existing law. (Amended by Stats. 2012, Ch. 34, Sec. 109. (SB 1009) Effective June 27, 2012.)
  187. 5521.

    ## 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 6.2. Mental Health Advocacy [5500 - 5550] ( Heading of Chapter 6.2 renumbered from Chapter 6 (as added by Stats. 1981, Ch. 841) by Stats. 1986, Ch. 248, Sec. 251. ) ## ARTICLE 3. County Advocates [5520 - 5525] ( Article 3 added by Stats. 1981, Ch. 841, Sec. 7. )

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    County patients’ rights advocates must not duplicate, replace, or conflict with local legal representation for certain client status or condition matters.

    ## 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 6.2. Mental Health Advocacy [5500 - 5550] ( Heading of Chapter 6.2 renumbered from Chapter 6 (as added by Stats. 1981, Ch. 841) by Stats. 1986, Ch. 248, Sec. 251. ) ## ARTICLE 3. County Advocates [5520 - 5525] ( Article 3 added by Stats. 1981, Ch. 841, Sec. 7. ) ## 5521. It is the intent of the Legislature that legal representation regarding changes in client legal status or conditions and other areas covered by statute providing for local public defender or court-appointed attorney representation, shall remain the responsibility of local agencies, in particular the county public defender. County patients’ rights advocates shall not duplicate, replace, or conflict with these existing or mandated local legal representations. This section shall not be construed to prevent maximum cooperation between legal representatives and providers of advocacy services. (Added by Stats. 1981, Ch. 841, Sec. 7.)
  188. 5522.

    ## 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 6.2. Mental Health Advocacy [5500 - 5550] ( Heading of Chapter 6.2 renumbered from Chapter 6 (as added by Stats. 1981, Ch. 841) by Stats. 1986, Ch. 248, Sec. 251. ) ## ARTICLE 3. County Advocates [5520 - 5525] ( Article 3 added by Stats. 1981, Ch. 841, Sec. 7. )

    Verify source ↗

    County patients’ rights advocates may investigate suspected violations of the rights of past or present mental health services recipients when there is probable cause.

    ## 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 6.2. Mental Health Advocacy [5500 - 5550] ( Heading of Chapter 6.2 renumbered from Chapter 6 (as added by Stats. 1981, Ch. 841) by Stats. 1986, Ch. 248, Sec. 251. ) ## ARTICLE 3. County Advocates [5520 - 5525] ( Article 3 added by Stats. 1981, Ch. 841, Sec. 7. ) ## 5522. County patients’ rights advocates may conduct investigations if there is probable cause to believe that the rights of a past or present recipient of mental health services have been, may have been, or may be violated. (Added by Stats. 1981, Ch. 841, Sec. 7.)
  189. 5523.

    ## 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 6.2. Mental Health Advocacy [5500 - 5550] ( Heading of Chapter 6.2 renumbered from Chapter 6 (as added by Stats. 1981, Ch. 841) by Stats. 1986, Ch. 248, Sec. 251. ) ## ARTICLE 3. County Advocates [5520 - 5525] ( Article 3 added by Stats. 1981, Ch. 841, Sec. 7. )

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    This section says a mental health services recipient is presumed competent to enter advocacy agreements unless a court finds otherwise, and it requires advocates to give notice and consult before certain interviews.

    ## 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 6.2. Mental Health Advocacy [5500 - 5550] ( Heading of Chapter 6.2 renumbered from Chapter 6 (as added by Stats. 1981, Ch. 841) by Stats. 1986, Ch. 248, Sec. 251. ) ## ARTICLE 3. County Advocates [5520 - 5525] ( Article 3 added by Stats. 1981, Ch. 841, Sec. 7. ) ## 5523. (a) Notwithstanding any other provision of law, and without regard to the existence of a guardianship or conservatorship, a recipient of mental health services is presumed competent for the purpose of entering into an agreement with county patients’ rights advocates for the provision of advocacy services unless found by the superior court to be incompetent to enter into an agreement with an advocate and a guardian ad litem is appointed for such purposes. (b) In conducting investigations in cases in which an advocate has not received a request for advocacy services from a recipient of mental health services or from another person on behalf of a recipient of mental health services, the advocate shall notify the treating professional responsible for the care of any recipient of services whom the advocate wishes to interview, and the facility, service, or program administrator, of his or her intention to conduct such an interview. Whenever the treating professional is reasonably available for consultation, the advocate shall consult with the professional concerning the appropriate time to conduct the interview. (c) Any agreement with any county patients’ rights advocate entered into by a mental health client shall be made knowingly and voluntarily or by a guardian ad litem. It shall be in a language or modality which the client understands. Any such agreement may, at any time, be revoked by the client or by the guardian ad litem, whoever has entered into the agreement, either in writing or by oral declaration to the advocate. (d) Nothing in this chapter shall be construed to prohibit a recipient of mental health services from being represented by public or private legal counsel of his or her choice. (e) The remedies provided by this chapter shall be in addition to any other remedies which may be available to any person, and the failure to pursue or exhaust the remedies or engage in the procedures provided by this chapter shall not preclude the invocation of any other remedy. (f) Investigations concerning violations of a past recipients’ rights shall be limited to cases involving discrimination, cases indicating the need for education or training, or cases having a direct bearing on violations of the right of a current recipient. This subdivision is not intended to constrain the routine monitoring for compliance with patients’ rights provisions described in subdivision (b) of Section 5520. (Amended by Stats. 1984, Ch. 193, Sec. 151.)
  190. 5524.

    ## 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 6.2. Mental Health Advocacy [5500 - 5550] ( Heading of Chapter 6.2 renumbered from Chapter 6 (as added by Stats. 1981, Ch. 841) by Stats. 1986, Ch. 248, Sec. 251. ) ## ARTICLE 3. County Advocates [5520 - 5525] ( Article 3 added by Stats. 1981, Ch. 841, Sec. 7. )

    Verify source ↗

    Counties must verify that county patients’ rights advocates complete the online training review within 90 days of employment, keep a record, and send it electronically to the named committee. Certain long-term advocates are exempt from the review requirement.

    ## 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 6.2. Mental Health Advocacy [5500 - 5550] ( Heading of Chapter 6.2 renumbered from Chapter 6 (as added by Stats. 1981, Ch. 841) by Stats. 1986, Ch. 248, Sec. 251. ) ## ARTICLE 3. County Advocates [5520 - 5525] ( Article 3 added by Stats. 1981, Ch. 841, Sec. 7. ) ## 5524. (a) Subject to subdivision (b), a county shall verify that county patients’ rights advocates review the patients’ rights advocacy training materials provided online as described in paragraph (5) of subdivision (a) of Section 5370.2 within 90 days of employment. The county shall keep a record of this verification and send a copy electronically to the Patients’ Rights Committee of the California Behavioral Health Planning Council established pursuant to Section 5514. (b) A county patients’ rights advocate who has been employed for at least one year on or after January 1, 2019, shall not be required to review the materials described in paragraph (5) of subdivision (a) of Section 5370.2. (c) The requirements of this section do not replace the ongoing training required to be provided by the contractor to county patients’ rights advocates as described in Section 5512. (Added by Stats. 2018, Ch. 237, Sec. 3. (AB 2316) Effective January 1, 2019.)
  191. 5525.

    ## 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 6.2. Mental Health Advocacy [5500 - 5550] ( Heading of Chapter 6.2 renumbered from Chapter 6 (as added by Stats. 1981, Ch. 841) by Stats. 1986, Ch. 248, Sec. 251. ) ## ARTICLE 3. County Advocates [5520 - 5525] ( Article 3 added by Stats. 1981, Ch. 841, Sec. 7. )

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    Employers and their agents may not stop or punish county patients’ rights advocates for protected disclosures, refusals to join unlawful activity, prior protected conduct, or family-related association.

    ## 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 6.2. Mental Health Advocacy [5500 - 5550] ( Heading of Chapter 6.2 renumbered from Chapter 6 (as added by Stats. 1981, Ch. 841) by Stats. 1986, Ch. 248, Sec. 251. ) ## ARTICLE 3. County Advocates [5520 - 5525] ( Article 3 added by Stats. 1981, Ch. 841, Sec. 7. ) ## 5525. (a) An employer, or any person acting on behalf of the employer, shall not make, adopt, or enforce any rule, regulation, or policy preventing a county patients’ rights advocate from disclosing information to a government or law enforcement agency, to a person with authority over the county patients’ rights advocate, or to an employee who has authority to investigate, discover, or correct the violation or noncompliance, or from providing information to, or testifying before, any public body conducting an investigation, hearing, or inquiry, if the county patients’ rights advocate has reasonable cause to believe that the information discloses a violation of state or federal statute, or a violation of, or noncompliance with, a local, state, or federal rule or regulation, regardless of whether disclosing the information is part of the county patients’ rights advocate’s job duties. (b) An employer, or any person acting on behalf of the employer, shall not retaliate against a county patients’ rights advocate for disclosing information, or because the employer believes that the county patients’ rights advocate disclosed or may disclose information, to a government or law enforcement agency, to a person with authority over the county patients’ rights advocate, or to an employee who has the authority to investigate, discover, or correct the violation or noncompliance, or for providing information to, or testifying before, any public body conducting an investigation, hearing, or inquiry, if the county patients’ rights advocate has reasonable cause to believe that the information discloses a violation of state or federal statute, or a violation of, or noncompliance with, a local, state, or federal rule or regulation, regardless of whether disclosing the information is part of the county patients’ rights advocate’s job duties. (c) An employer, or any person acting on behalf of the employer, shall not retaliate against a county patients’ rights advocate for refusing to participate in an activity that would result in a violation of state or federal statute, or a violation of or noncompliance with a local, state, or federal rule or regulation. (d) An employer, or any person acting on behalf of the employer, shall not retaliate against a county patients’ rights advocate for having exercised the county patients’ rights advocate’s rights under subdivision (a), (b), or (c) in any former employment. (e) This section does not apply to rules, regulations, or policies that implement, or to actions by employers against county patients’ rights advocates who violate, the confidentiality of the lawyer-client privilege of Article 3 (commencing with Section 950) of, or the physician-patient privilege of Article 6 (commencing with Section 990) of, Chapter 4 of Division 8 of the Evidence Code, or trade secret information. (f) An employer, or a person acting on behalf of the employer, shall not retaliate against a county patients’ rights advocate because the county patients’ rights advocate is a family member of a person who has, or is perceived to have, engaged in any acts protected by this section. (g) The rights and protections afforded under this section shall be enforceable by a private right of action and a violation of this section shall not result in an administrative investigation by the Department of Industrial Relations or result in administrative proceedings by that department. (h) Nothing in this section shall be construed to interfere with protections already granted to a county patients’ rights advocate who is a government employee under Section 1102.5 of the Labor Code. (i) As used in this section, “employer” includes the local contracting agency. (Added by Stats. 2019, Ch. 423, Sec. 1. (AB 333) Effective January 1, 2020.)
  192. 5530.

    ## 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 6.2. Mental Health Advocacy [5500 - 5550] ( Heading of Chapter 6.2 renumbered from Chapter 6 (as added by Stats. 1981, Ch. 841) by Stats. 1986, Ch. 248, Sec. 251. ) ## ARTICLE 4. Access to Clients [5530- 5530.] ( Article 4 added by Stats. 1981, Ch. 841, Sec. 7. )

    Verify source ↗

    County patients’ rights advocates get access to clients and mental health facilities, and can appeal denied access. Facilities must also provide interview space and staff access on request, and patients have privacy rights.

    ## 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 6.2. Mental Health Advocacy [5500 - 5550] ( Heading of Chapter 6.2 renumbered from Chapter 6 (as added by Stats. 1981, Ch. 841) by Stats. 1986, Ch. 248, Sec. 251. ) ## ARTICLE 4. Access to Clients [5530- 5530.] ( Article 4 added by Stats. 1981, Ch. 841, Sec. 7. ) ## 5530. (a) County patients’ rights advocates shall have access to all clients and other recipients of mental health services in any mental health facility, program, or service at all times as are necessary to investigate or resolve specific complaints and in accord with subdivision (b) of Section 5523. County patients’ rights advocates shall have access to mental health facilities, programs, and services, and recipients of services therein during normal working hours and visiting hours for other advocacy purposes. Advocates may appeal any denial of access directly to the head of any facility, the director of a county mental health program, or the State Department of Health Care Services, or may seek appropriate relief in the courts. If a petition to a court sets forth prima facie evidence for relief, a hearing on the merits of the petition shall be held within two judicial days of the filing of the petition. The superior court for the county in which the facility is located shall have jurisdiction to review petitions filed pursuant to this chapter. (b) County patients’ rights advocates shall have the right to interview all persons providing the client with diagnostic or treatment services. (c) Upon request, all mental health facilities shall, when available, provide reasonable space for county patients’ rights advocates to interview clients in privacy and shall make appropriate staff persons available for interview with the advocates in connection with pending matters. (d) Individual patients shall have a right to privacy which shall include the right to terminate any visit by persons who have access pursuant to this chapter and the right to refuse to see any patient advocate. (e) Notice of the availability of advocacy services and information about patients’ rights may be provided by county patients’ rights advocates by means of distribution of educational materials and discussions in groups and with individual patients. (Amended by Stats. 2012, Ch. 34, Sec. 110. (SB 1009) Effective June 27, 2012.)
  193. 5540.

    ## 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 6.2. Mental Health Advocacy [5500 - 5550] ( Heading of Chapter 6.2 renumbered from Chapter 6 (as added by Stats. 1981, Ch. 841) by Stats. 1986, Ch. 248, Sec. 251. ) ## ARTICLE 5. Access to Records [5540 - 5546] ( Article 5 added by Stats. 1981, Ch. 841, Sec. 7. )

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    Records and information about recipients of mental health services must be kept confidential, except where this chapter or other law provides 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 6.2. Mental Health Advocacy [5500 - 5550] ( Heading of Chapter 6.2 renumbered from Chapter 6 (as added by Stats. 1981, Ch. 841) by Stats. 1986, Ch. 248, Sec. 251. ) ## ARTICLE 5. Access to Records [5540 - 5546] ( Article 5 added by Stats. 1981, Ch. 841, Sec. 7. ) ## 5540. Except as otherwise provided in this chapter or in other provisions of law, information about and records of recipients of mental health services shall be confidential in accordance with the provisions of Section 5328. (Added by Stats. 1981, Ch. 841, Sec. 7.)
  194. 5541.

    ## 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 6.2. Mental Health Advocacy [5500 - 5550] ( Heading of Chapter 6.2 renumbered from Chapter 6 (as added by Stats. 1981, Ch. 841) by Stats. 1986, Ch. 248, Sec. 251. ) ## ARTICLE 5. Access to Records [5540 - 5546] ( Article 5 added by Stats. 1981, Ch. 841, Sec. 7. )

    Verify source ↗

    A county patients’ rights advocate may access, inspect, copy, or use a client’s confidential records only when specifically authorized by the client or guardian ad litem.

    ## 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 6.2. Mental Health Advocacy [5500 - 5550] ( Heading of Chapter 6.2 renumbered from Chapter 6 (as added by Stats. 1981, Ch. 841) by Stats. 1986, Ch. 248, Sec. 251. ) ## ARTICLE 5. Access to Records [5540 - 5546] ( Article 5 added by Stats. 1981, Ch. 841, Sec. 7. ) ## 5541. (a) A specific authorization by the client or by the guardian ad litem is necessary for a county patients’ rights advocate to have access to, copy or otherwise use confidential records or information pertaining to the client. Such an authorization shall be given knowingly and voluntarily by a client or guardian ad litem and shall be in writing or be reduced to writing. The client or the guardian ad litem, whoever has entered into the agreement, may revoke such authorization at any time, either in writing or by oral declaration to the advocate. (b) When specifically authorized by the client or the guardian ad litem, the county patients’ rights advocate may inspect and copy confidential client information and records. (Added by Stats. 1981, Ch. 841, Sec. 7.)
  195. 5542.

    ## 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 6.2. Mental Health Advocacy [5500 - 5550] ( Heading of Chapter 6.2 renumbered from Chapter 6 (as added by Stats. 1981, Ch. 841) by Stats. 1986, Ch. 248, Sec. 251. ) ## ARTICLE 5. Access to Records [5540 - 5546] ( Article 5 added by Stats. 1981, Ch. 841, Sec. 7. )

    Verify source ↗

    County patients’ rights advocates may inspect or copy certain non-confidential records and materials held by mental health programs, facilities, or government agencies.

    ## 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 6.2. Mental Health Advocacy [5500 - 5550] ( Heading of Chapter 6.2 renumbered from Chapter 6 (as added by Stats. 1981, Ch. 841) by Stats. 1986, Ch. 248, Sec. 251. ) ## ARTICLE 5. Access to Records [5540 - 5546] ( Article 5 added by Stats. 1981, Ch. 841, Sec. 7. ) ## 5542. County patients’ rights advocates shall have the right to inspect or copy, or both, any records or other materials not subject to confidentiality under Section 5328 or other provisions of law in the possession of any mental health program, services, or facilities, or city, county or state agencies relating to an investigation on behalf of a client or which indicate compliance or lack of compliance with laws and regulations governing patients’ rights, including, but not limited to, reports on the use of restraints or seclusion, and autopsy reports. (Added by Stats. 1981, Ch. 841, Sec. 7.)
  196. 5543.

    ## 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 6.2. Mental Health Advocacy [5500 - 5550] ( Heading of Chapter 6.2 renumbered from Chapter 6 (as added by Stats. 1981, Ch. 841) by Stats. 1986, Ch. 248, Sec. 251. ) ## ARTICLE 5. Access to Records [5540 - 5546] ( Article 5 added by Stats. 1981, Ch. 841, Sec. 7. )

    Verify source ↗

    A county patients’ rights advocate may share client-record information with the client when the client authorizes it and only as needed for effective advocacy. A facility program or agency may remove confidential information from a client’s records if it was provided by the client’s family.

    ## 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 6.2. Mental Health Advocacy [5500 - 5550] ( Heading of Chapter 6.2 renumbered from Chapter 6 (as added by Stats. 1981, Ch. 841) by Stats. 1986, Ch. 248, Sec. 251. ) ## ARTICLE 5. Access to Records [5540 - 5546] ( Article 5 added by Stats. 1981, Ch. 841, Sec. 7. ) ## 5543. (a) Notwithstanding any other provision of law, with the authorization of the client, a county patients’ rights advocate may, to the extent necessary for effective advocacy, communicate to the client information contained in client records. The facility program, or agency, shall be allowed to remove from the records any information provided in confidence by members of a client’s family. (Added by Stats. 1981, Ch. 841, Sec. 7.)
  197. 5544.

    ## 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 6.2. Mental Health Advocacy [5500 - 5550] ( Heading of Chapter 6.2 renumbered from Chapter 6 (as added by Stats. 1981, Ch. 841) by Stats. 1986, Ch. 248, Sec. 251. ) ## ARTICLE 5. Access to Records [5540 - 5546] ( Article 5 added by Stats. 1981, Ch. 841, Sec. 7. )

    Verify source ↗

    County patients’ rights advocates may use and share written client information for advocacy services, court or administrative proceedings, and disclosures authorized by clients.

    ## 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 6.2. Mental Health Advocacy [5500 - 5550] ( Heading of Chapter 6.2 renumbered from Chapter 6 (as added by Stats. 1981, Ch. 841) by Stats. 1986, Ch. 248, Sec. 251. ) ## ARTICLE 5. Access to Records [5540 - 5546] ( Article 5 added by Stats. 1981, Ch. 841, Sec. 7. ) ## 5544. Any written client information obtained by county patients’ rights advocates may be used and disseminated in court or administrative proceedings, and to any public agencies, or authorized officials thereof, to the extent required in the providing of advocacy services defined in this chapter, and to the extent that authority to so disclose is obtained from the advocate’s clients. (Added by Stats. 1981, Ch. 841, Sec. 7.)
  198. 5545.

    ## 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 6.2. Mental Health Advocacy [5500 - 5550] ( Heading of Chapter 6.2 renumbered from Chapter 6 (as added by Stats. 1981, Ch. 841) by Stats. 1986, Ch. 248, Sec. 251. ) ## ARTICLE 5. Access to Records [5540 - 5546] ( Article 5 added by Stats. 1981, Ch. 841, Sec. 7. )

    Verify source ↗

    This section says the chapter must not be read to limit access to certain mental health service recipients or their information and records in the stated situations.

    ## 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 6.2. Mental Health Advocacy [5500 - 5550] ( Heading of Chapter 6.2 renumbered from Chapter 6 (as added by Stats. 1981, Ch. 841) by Stats. 1986, Ch. 248, Sec. 251. ) ## ARTICLE 5. Access to Records [5540 - 5546] ( Article 5 added by Stats. 1981, Ch. 841, Sec. 7. ) ## 5545. Nothing in this chapter shall be construed to limit access to recipients of mental health services in any mental health facility, program, or service or to information or records of recipients of mental health services for the purposes of subdivision (b) of Section 5520 or when otherwise authorized by law to county patients’ rights advocates or other individuals who are not county patients’ rights advocates. (Added by Stats. 1981, Ch. 841, Sec. 7.)
  199. 5546.

    ## 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 6.2. Mental Health Advocacy [5500 - 5550] ( Heading of Chapter 6.2 renumbered from Chapter 6 (as added by Stats. 1981, Ch. 841) by Stats. 1986, Ch. 248, Sec. 251. ) ## ARTICLE 5. Access to Records [5540 - 5546] ( Article 5 added by Stats. 1981, Ch. 841, Sec. 7. )

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    The advocate must pay the copying costs and reasonable clerical costs for records authorized under this chapter.

    ## 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 6.2. Mental Health Advocacy [5500 - 5550] ( Heading of Chapter 6.2 renumbered from Chapter 6 (as added by Stats. 1981, Ch. 841) by Stats. 1986, Ch. 248, Sec. 251. ) ## ARTICLE 5. Access to Records [5540 - 5546] ( Article 5 added by Stats. 1981, Ch. 841, Sec. 7. ) ## 5546. The actual cost of copying any records or other materials authorized under this chapter, plus any additional reasonable clerical costs, incurred in locating and making the records and materials available, shall be borne by the advocate. The additional clerical costs shall be based on a computation of the time spent locating and making the records available multiplied by the employee’s hourly wage. (Added by Stats. 1981, Ch. 841, Sec. 7.)
  200. 5550.

    ## 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 6.2. Mental Health Advocacy [5500 - 5550] ( Heading of Chapter 6.2 renumbered from Chapter 6 (as added by Stats. 1981, Ch. 841) by Stats. 1986, Ch. 248, Sec. 251. ) ## ARTICLE 6. Penalties [5550- 5550.] ( Article 6 added by Stats. 1981, Ch. 841, Sec. 7. )

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    This section protects people who file or support complaints, bars obstruction and retaliation, requires patient-rights advocates to avoid privacy violations, and sets civil penalties for certain violations.

    ## 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 6.2. Mental Health Advocacy [5500 - 5550] ( Heading of Chapter 6.2 renumbered from Chapter 6 (as added by Stats. 1981, Ch. 841) by Stats. 1986, Ch. 248, Sec. 251. ) ## ARTICLE 6. Penalties [5550- 5550.] ( Article 6 added by Stats. 1981, Ch. 841, Sec. 7. ) ## 5550. (a) Any person participating in filing a complaint or providing information pursuant to this chapter 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 otherwise might be incurred or imposed. (b) A person shall not knowingly obstruct any county patients’ rights advocate in the performance of duties as described in this chapter, including, but not limited to, access to clients or potential clients, or to their records, whether financial, medical, or otherwise, or to other information, materials, or records, or otherwise violate this chapter. (c) A facility to which the provisions of Section 5325 are applicable shall not discriminate or retaliate in any manner against a patient or employee on the basis that the patient or employee has initiated or participated in any proceeding specified in this chapter. Any attempt by a facility to expel a patient, or any discriminatory treatment of a patient, who, or upon whose behalf, a complaint has been submitted to a county patients’ rights advocate within 120 days of the filing of the complaint shall raise a rebuttable presumption that the action was taken by the facility in retaliation for the filing of the complaint. (d) A county patients’ rights advocate shall not knowingly violate this chapter concerning client privacy and the confidentiality of personally identifiable information. (e) Any person or facility found in violation of subdivision (b) or (d) shall pay a civil penalty, as determined by a court, of not less than one hundred dollars ($100), or more than one thousand dollars ($1,000), which shall be deposited in the county general funds. (f) A county patients’ rights advocate who performs this role as an independent contractor or employee of a contracted organization shall have the protection provided pursuant to Section 5525. (Amended by Stats. 2019, Ch. 423, Sec. 2. (AB 333) Effective January 1, 2020.)

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