Welfare and Institutions Code — Part 30 | WIC — United States — California law | Esheria

Welfare and Institutions Code

Part 30 of 35 · provisions 5,801–6,000

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

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About this statute

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. 5585.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1.5. CHILDREN'S CIVIL COMMITMENT AND MENTAL HEALTH TREATMENT ACT OF 1988 [5585 - 5585.59] ( Part 1.5 added by Stats. 1988, Ch. 1202, Sec. 2. ) ## CHAPTER 1. General Provisions [5585 - 5585.25] ( Chapter 1 added by Stats. 1988, Ch. 1202, Sec. 2. )

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    This section names the part as the Children’s Civil Commitment and Mental Health Treatment Act of 1988.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1.5. CHILDREN'S CIVIL COMMITMENT AND MENTAL HEALTH TREATMENT ACT OF 1988 [5585 - 5585.59] ( Part 1.5 added by Stats. 1988, Ch. 1202, Sec. 2. ) ## CHAPTER 1. General Provisions [5585 - 5585.25] ( Chapter 1 added by Stats. 1988, Ch. 1202, Sec. 2. ) ## 5585. This part shall be known as the Children’s Civil Commitment and Mental Health Treatment Act of 1988. (Added by Stats. 1988, Ch. 1202, Sec. 2.)
  2. 5585.10.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1.5. CHILDREN'S CIVIL COMMITMENT AND MENTAL HEALTH TREATMENT ACT OF 1988 [5585 - 5585.59] ( Part 1.5 added by Stats. 1988, Ch. 1202, Sec. 2. ) ## CHAPTER 1. General Provisions [5585 - 5585.25] ( Chapter 1 added by Stats. 1988, Ch. 1202, Sec. 2. )

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    This part is to be interpreted to promote its stated purposes for minors and their families.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1.5. CHILDREN'S CIVIL COMMITMENT AND MENTAL HEALTH TREATMENT ACT OF 1988 [5585 - 5585.59] ( Part 1.5 added by Stats. 1988, Ch. 1202, Sec. 2. ) ## CHAPTER 1. General Provisions [5585 - 5585.25] ( Chapter 1 added by Stats. 1988, Ch. 1202, Sec. 2. ) ## 5585.10. This part shall be construed to promote the legislative intent and purposes of this part as follows: (a) To provide prompt evaluation and treatment of minors with a mental health disorder, with particular priority given to a child or adolescent with serious emotional disturbance. (b) To safeguard the rights to due process for minors and their families through judicial review. (c) To provide individualized treatment, supervision, and placement services for minors with a grave disability. (d) To prevent severe and long-term mental disabilities among minors through early identification, effective family service interventions, and public education. (Amended by Stats. 2024, Ch. 948, Sec. 19. (AB 2119) Effective January 1, 2025.)
  3. 5585.20.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1.5. CHILDREN'S CIVIL COMMITMENT AND MENTAL HEALTH TREATMENT ACT OF 1988 [5585 - 5585.59] ( Part 1.5 added by Stats. 1988, Ch. 1202, Sec. 2. ) ## CHAPTER 1. General Provisions [5585 - 5585.25] ( Chapter 1 added by Stats. 1988, Ch. 1202, Sec. 2. )

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    This section says its rules apply only during the first 72 hours of a minor’s mental health evaluation and treatment.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1.5. CHILDREN'S CIVIL COMMITMENT AND MENTAL HEALTH TREATMENT ACT OF 1988 [5585 - 5585.59] ( Part 1.5 added by Stats. 1988, Ch. 1202, Sec. 2. ) ## CHAPTER 1. General Provisions [5585 - 5585.25] ( Chapter 1 added by Stats. 1988, Ch. 1202, Sec. 2. ) ## 5585.20. This part shall apply only to the initial 72 hours of mental health evaluation and treatment provided to a minor. Notwithstanding the provisions of the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000)), unless the context otherwise requires, the definitions and procedures contained in this part shall, for the initial 72 hours of evaluation and treatment, govern the construction of state law governing the civil commitment of minors for involuntary treatment. To the extent that this part conflicts with any other law, it is the intent of the Legislature that this part shall apply. Evaluation and treatment of a minor beyond the initial 72 hours shall be pursuant to the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000)). (Amended by Stats. 2022, Ch. 960, Sec. 7. (AB 2275) Effective January 1, 2023.)
  4. 5585.21.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1.5. CHILDREN'S CIVIL COMMITMENT AND MENTAL HEALTH TREATMENT ACT OF 1988 [5585 - 5585.59] ( Part 1.5 added by Stats. 1988, Ch. 1202, Sec. 2. ) ## CHAPTER 1. General Provisions [5585 - 5585.25] ( Chapter 1 added by Stats. 1988, Ch. 1202, Sec. 2. )

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    The Director of Health Care Services may make regulations needed to carry out and clarify this part for minors.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1.5. CHILDREN'S CIVIL COMMITMENT AND MENTAL HEALTH TREATMENT ACT OF 1988 [5585 - 5585.59] ( Part 1.5 added by Stats. 1988, Ch. 1202, Sec. 2. ) ## CHAPTER 1. General Provisions [5585 - 5585.25] ( Chapter 1 added by Stats. 1988, Ch. 1202, Sec. 2. ) ## 5585.21. The Director of Health Care Services may promulgate regulations as necessary to implement and clarify the provisions of this part as they relate to minors. (Amended by Stats. 2013, Ch. 23, Sec. 40. (AB 82) Effective June 27, 2013.)
  5. 5585.22.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1.5. CHILDREN'S CIVIL COMMITMENT AND MENTAL HEALTH TREATMENT ACT OF 1988 [5585 - 5585.59] ( Part 1.5 added by Stats. 1988, Ch. 1202, Sec. 2. ) ## CHAPTER 1. General Provisions [5585 - 5585.25] ( Chapter 1 added by Stats. 1988, Ch. 1202, Sec. 2. )

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    The Director of Health Care Services may develop educational materials and a training curriculum, and may provide training, after consulting the County Behavioral Health Directors Association 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 1.5. CHILDREN'S CIVIL COMMITMENT AND MENTAL HEALTH TREATMENT ACT OF 1988 [5585 - 5585.59] ( Part 1.5 added by Stats. 1988, Ch. 1202, Sec. 2. ) ## CHAPTER 1. General Provisions [5585 - 5585.25] ( Chapter 1 added by Stats. 1988, Ch. 1202, Sec. 2. ) ## 5585.22. The Director of Health Care Services, in consultation with the County Behavioral Health Directors Association of California, may develop the appropriate educational materials and a training curriculum, and may provide training as necessary to ensure that those persons providing services pursuant to this part fully understand its purpose. (Amended by Stats. 2015, Ch. 455, Sec. 31. (SB 804) Effective January 1, 2016.)
  6. 5585.25.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1.5. CHILDREN'S CIVIL COMMITMENT AND MENTAL HEALTH TREATMENT ACT OF 1988 [5585 - 5585.59] ( Part 1.5 added by Stats. 1988, Ch. 1202, Sec. 2. ) ## CHAPTER 1. General Provisions [5585 - 5585.25] ( Chapter 1 added by Stats. 1988, Ch. 1202, Sec. 2. )

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    This section defines “gravely disabled minor” and states that certain conditions alone do not count as a mental 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 1.5. CHILDREN'S CIVIL COMMITMENT AND MENTAL HEALTH TREATMENT ACT OF 1988 [5585 - 5585.59] ( Part 1.5 added by Stats. 1988, Ch. 1202, Sec. 2. ) ## CHAPTER 1. General Provisions [5585 - 5585.25] ( Chapter 1 added by Stats. 1988, Ch. 1202, Sec. 2. ) ## 5585.25. “Gravely disabled minor” means a minor who, as a result of a mental disorder, is unable to use the elements of life that are essential to health, safety, and development, including food, clothing, and shelter, even though provided to the minor by others. Intellectual disability, epilepsy, or other developmental disabilities, alcoholism, other drug abuse, or repeated antisocial behavior do not, by themselves, constitute a mental disorder. (Amended by Stats. 2012, Ch. 457, Sec. 53. (SB 1381) Effective January 1, 2013.)
  7. 5585.50.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1.5. CHILDREN'S CIVIL COMMITMENT AND MENTAL HEALTH TREATMENT ACT OF 1988 [5585 - 5585.59] ( Part 1.5 added by Stats. 1988, Ch. 1202, Sec. 2. ) ## CHAPTER 2. Civil Commitment of Minors [5585.50 - 5585.59] ( Chapter 2 added by Stats. 1988, Ch. 1202, Sec. 2. )

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    Certain county-designated officers or professionals may take a qualifying minor into custody for 72-hour treatment and evaluation if probable cause exists and voluntary treatment is not available; the facility must try to notify the parent or legal guardian quickly.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1.5. CHILDREN'S CIVIL COMMITMENT AND MENTAL HEALTH TREATMENT ACT OF 1988 [5585 - 5585.59] ( Part 1.5 added by Stats. 1988, Ch. 1202, Sec. 2. ) ## CHAPTER 2. Civil Commitment of Minors [5585.50 - 5585.59] ( Chapter 2 added by Stats. 1988, Ch. 1202, Sec. 2. ) ## 5585.50. (a) When any minor, as a result of mental disorder, is a danger to others, or to himself or herself, or gravely disabled and authorization for voluntary treatment is not available, a peace officer, member of the attending staff, as defined by regulation, of an evaluation facility designated by the county, or other professional person designated by the county may, upon probable cause, take, or cause to be taken, the minor into custody and place him or her in a facility designated by the county and approved by the State Department of Health Care Services as a facility for 72-hour treatment and evaluation of minors. The facility shall make every effort to notify the minor’s parent or legal guardian as soon as possible after the minor is detained. (b) The facility shall require an application in writing stating the circumstances under which the minor’s condition was called to the attention of the officer, member of the attending staff, or professional person, and stating that the officer, member of the attending staff, or professional person has probable cause to believe that the minor is, as a result of mental disorder, a danger to others, or to himself or herself, or gravely disabled and authorization for voluntary treatment is not available. If the probable cause is based on the statement of a person other than the officer, member of the attending staff, or professional person, the person shall be liable in a civil action for intentionally giving a statement which he or she knows to be false. (Amended by Stats. 2013, Ch. 23, Sec. 41. (AB 82) Effective June 27, 2013.)
  8. 5585.52.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1.5. CHILDREN'S CIVIL COMMITMENT AND MENTAL HEALTH TREATMENT ACT OF 1988 [5585 - 5585.59] ( Part 1.5 added by Stats. 1988, Ch. 1202, Sec. 2. ) ## CHAPTER 2. Civil Commitment of Minors [5585.50 - 5585.59] ( Chapter 2 added by Stats. 1988, Ch. 1202, Sec. 2. )

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    A detained minor must receive a clinical evaluation, including a psychosocial evaluation of the family or living environment, and the evaluators must be properly qualified. Efforts must also be made to involve the minor’s parent or legal guardian.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1.5. CHILDREN'S CIVIL COMMITMENT AND MENTAL HEALTH TREATMENT ACT OF 1988 [5585 - 5585.59] ( Part 1.5 added by Stats. 1988, Ch. 1202, Sec. 2. ) ## CHAPTER 2. Civil Commitment of Minors [5585.50 - 5585.59] ( Chapter 2 added by Stats. 1988, Ch. 1202, Sec. 2. ) ## 5585.52. Any minor detained under the provisions of Section 5585.50 shall receive a clinical evaluation consisting of multidisciplinary professional analyses of the minor’s medical, psychological, developmental, educational, social, financial, and legal conditions as may appear to constitute a problem. This evaluation shall include a psychosocial evaluation of the family or living environment, or both. Persons providing evaluation services shall be properly qualified professionals with training or supervised experience, or both, in the diagnosis and treatment of minors. Every effort shall be made to involve the minor’s parent or legal guardian in the clinical evaluation. (Added by Stats. 1988, Ch. 1202, Sec. 2.)
  9. 5585.53.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1.5. CHILDREN'S CIVIL COMMITMENT AND MENTAL HEALTH TREATMENT ACT OF 1988 [5585 - 5585.59] ( Part 1.5 added by Stats. 1988, Ch. 1202, Sec. 2. ) ## CHAPTER 2. Civil Commitment of Minors [5585.50 - 5585.59] ( Chapter 2 added by Stats. 1988, Ch. 1202, Sec. 2. )

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    If a minor needs more mental health treatment, a treatment plan must be written, the least restrictive placement must be identified, and the family, guardian or caretaker and the minor must be consulted and informed.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1.5. CHILDREN'S CIVIL COMMITMENT AND MENTAL HEALTH TREATMENT ACT OF 1988 [5585 - 5585.59] ( Part 1.5 added by Stats. 1988, Ch. 1202, Sec. 2. ) ## CHAPTER 2. Civil Commitment of Minors [5585.50 - 5585.59] ( Chapter 2 added by Stats. 1988, Ch. 1202, Sec. 2. ) ## 5585.53. If, in the opinion of the professional person conducting the evaluation as specified in Section 5585.52, the minor will require additional mental health treatment, a treatment plan shall be written and shall identify the least restrictive placement alternative in which the minor can receive the necessary treatment. The family, legal guardian, or caretaker and the minor shall be consulted and informed as to the basic recommendations for further treatment and placement requirements. Every effort shall be made to obtain the consent of the minor’s parent or legal guardian prior to treatment and placement of the minor. Inability to obtain the consent of the minor’s parent or legal guardian shall not preclude the involuntary treatment of a minor who is determined to be gravely disabled or a danger to himself or herself or others. Involuntary treatment shall only be allowed in accordance with the provisions of the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000)). (Added by Stats. 1988, Ch. 1202, Sec. 2.)
  10. 5585.55.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1.5. CHILDREN'S CIVIL COMMITMENT AND MENTAL HEALTH TREATMENT ACT OF 1988 [5585 - 5585.59] ( Part 1.5 added by Stats. 1988, Ch. 1202, Sec. 2. ) ## CHAPTER 2. Civil Commitment of Minors [5585.50 - 5585.59] ( Chapter 2 added by Stats. 1988, Ch. 1202, Sec. 2. )

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    A minor committed for involuntary treatment must be placed in a county-designated, state-approved mental health facility, and counties must keep minors under 16 separate from adults receiving psychiatric treatment except as allowed by Section 5751.7.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1.5. CHILDREN'S CIVIL COMMITMENT AND MENTAL HEALTH TREATMENT ACT OF 1988 [5585 - 5585.59] ( Part 1.5 added by Stats. 1988, Ch. 1202, Sec. 2. ) ## CHAPTER 2. Civil Commitment of Minors [5585.50 - 5585.59] ( Chapter 2 added by Stats. 1988, Ch. 1202, Sec. 2. ) ## 5585.55. The minor committed for involuntary treatment under this part shall be placed in a mental health facility designated by the county and approved by the State Department of Health Care Services as a facility for 72-hour evaluation and treatment. Except as provided for in Section 5751.7, each county shall ensure that minors under 16 years of age are not held with adults receiving psychiatric treatment under the provisions of the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000)). (Amended by Stats. 2013, Ch. 23, Sec. 42. (AB 82) Effective June 27, 2013.)
  11. 5585.57.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1.5. CHILDREN'S CIVIL COMMITMENT AND MENTAL HEALTH TREATMENT ACT OF 1988 [5585 - 5585.59] ( Part 1.5 added by Stats. 1988, Ch. 1202, Sec. 2. ) ## CHAPTER 2. Civil Commitment of Minors [5585.50 - 5585.59] ( Chapter 2 added by Stats. 1988, Ch. 1202, Sec. 2. )

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    A minor being considered for release from involuntary treatment must have an aftercare plan developed.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1.5. CHILDREN'S CIVIL COMMITMENT AND MENTAL HEALTH TREATMENT ACT OF 1988 [5585 - 5585.59] ( Part 1.5 added by Stats. 1988, Ch. 1202, Sec. 2. ) ## CHAPTER 2. Civil Commitment of Minors [5585.50 - 5585.59] ( Chapter 2 added by Stats. 1988, Ch. 1202, Sec. 2. ) ## 5585.57. A minor experiencing a mental health condition, upon being considered for release from involuntary treatment, shall have an aftercare plan developed. The plan shall include educational or training needs, provided these are necessary for the minor’s well-being. (Amended by Stats. 2024, Ch. 948, Sec. 20. (AB 2119) Effective January 1, 2025.)
  12. 5585.58.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1.5. CHILDREN'S CIVIL COMMITMENT AND MENTAL HEALTH TREATMENT ACT OF 1988 [5585 - 5585.59] ( Part 1.5 added by Stats. 1988, Ch. 1202, Sec. 2. ) ## CHAPTER 2. Civil Commitment of Minors [5585.50 - 5585.59] ( Chapter 2 added by Stats. 1988, Ch. 1202, Sec. 2. )

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    This section says this part must be funded under the Bronzan-McCorquodale Act and included as part of the county performance contract.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1.5. CHILDREN'S CIVIL COMMITMENT AND MENTAL HEALTH TREATMENT ACT OF 1988 [5585 - 5585.59] ( Part 1.5 added by Stats. 1988, Ch. 1202, Sec. 2. ) ## CHAPTER 2. Civil Commitment of Minors [5585.50 - 5585.59] ( Chapter 2 added by Stats. 1988, Ch. 1202, Sec. 2. ) ## 5585.58. This part shall be funded under the Bronzan-McCorquodale Act pursuant to Part 2 (commencing with Section 5600), as part of the county performance contract. (Amended by Stats. 1993, Ch. 1245, Sec. 8. Effective October 11, 1993.)
  13. 5585.59.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1.5. CHILDREN'S CIVIL COMMITMENT AND MENTAL HEALTH TREATMENT ACT OF 1988 [5585 - 5585.59] ( Part 1.5 added by Stats. 1988, Ch. 1202, Sec. 2. ) ## CHAPTER 2. Civil Commitment of Minors [5585.50 - 5585.59] ( Chapter 2 added by Stats. 1988, Ch. 1202, Sec. 2. )

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    Legally emancipated minors who require involuntary treatment are treated as adults, and this part does not apply 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 1.5. CHILDREN'S CIVIL COMMITMENT AND MENTAL HEALTH TREATMENT ACT OF 1988 [5585 - 5585.59] ( Part 1.5 added by Stats. 1988, Ch. 1202, Sec. 2. ) ## CHAPTER 2. Civil Commitment of Minors [5585.50 - 5585.59] ( Chapter 2 added by Stats. 1988, Ch. 1202, Sec. 2. ) ## 5585.59. For the purposes of this part, legally emancipated minors requiring involuntary treatment shall be considered adults and this part shall not apply. (Added by Stats. 1988, Ch. 1202, Sec. 2.)
  14. 5600.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 1. General Provisions [5600 - 5623.6] ( Chapter 1 added by Stats. 1968, Ch. 989. )

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    This section names the part the Bronzan-McCorquodale Act and allows it to be cited that way.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 1. General Provisions [5600 - 5623.6] ( Chapter 1 added by Stats. 1968, Ch. 989. ) ## 5600. (a) This part shall be known and may be cited as the Bronzan-McCorquodale Act. This part is intended to organize and finance community mental health services for persons with mental health disorders in every county through locally administered and locally controlled community mental health programs. It is furthermore intended to better utilize existing resources at both the state and local levels in order to improve the effectiveness of necessary mental health services; to integrate state-operated and community mental health programs into a unified mental health system; to ensure that all mental health professions be appropriately represented and utilized in the mental health programs; to provide a means for participation by local governments in the determination of the need for and the allocation of mental health resources under the jurisdiction of the state; and to provide a means of allocating mental health funds deposited in the Local Revenue Fund equitably among counties according to community needs. (b) With the exception of those referring to Short-Doyle Medi-Cal services, any other provisions of law referring to the Short-Doyle Act shall be construed as referring to the Bronzan-McCorquodale Act. (Amended by Stats. 2014, Ch. 144, Sec. 100. (AB 1847) Effective January 1, 2015.)
  15. 5600.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 1. General Provisions [5600 - 5623.6] ( Chapter 1 added by Stats. 1968, Ch. 989. )

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    California’s mental health system is described as having the mission of helping certain persons access services and programs that support better illness control, personal goals, skills, and supports in the least restrictive available settings.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 1. General Provisions [5600 - 5623.6] ( Chapter 1 added by Stats. 1968, Ch. 989. ) ## 5600.1. The mission of California’s mental health system shall be to enable persons experiencing severe and disabling mental illnesses and children with serious emotional disturbances to access services and programs that assist them, in a manner tailored to each individual, to better control their illness, to achieve their personal goals, and to develop skills and supports leading to their living the most constructive and satisfying lives possible in the least restrictive available settings. (Amended by Stats. 1991, Ch. 611, Sec. 35. Effective October 7, 1991.)
  16. 5600.2.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 1. General Provisions [5600 - 5623.6] ( Chapter 1 added by Stats. 1968, Ch. 989. )

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    This section says public mental health services should be client-centered, culturally competent, and accountable, and should support people with mental disabilities through coordinated, least-restrictive 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 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 1. General Provisions [5600 - 5623.6] ( Chapter 1 added by Stats. 1968, Ch. 989. ) ## 5600.2. To the extent resources are available, public mental health services in this state should be provided to priority target populations in systems of care that are client-centered, culturally competent, and fully accountable, and which include the following factors: (a) Client-Centered Approach. All services and programs designed for persons with mental disabilities should be client centered, in recognition of varying individual goals, diverse needs, concerns, strengths, motivations, and disabilities. Persons with mental disabilities: (1) Retain all the rights, privileges, opportunities, and responsibilities of other citizens unless specifically limited by federal or state law or regulations. (2) Are the central and deciding figure, except where specifically limited by law, in all planning for treatment and rehabilitation based on their individual needs. Planning should also include family members and friends as a source of information and support. (3) Shall be viewed as total persons and members of families and communities. Mental health services should assist clients in returning to the most constructive and satisfying lifestyles of their own definition and choice. (4) Should receive treatment and rehabilitation in the most appropriate and least restrictive environment, preferably in their own communities. (5) Should have an identifiable person or team responsible for their support and treatment. (6) Shall have available a mental health advocate to ensure their rights as mental health consumers pursuant to Section 5521. (b) Priority Target Populations. Persons with serious mental illnesses have severe, disabling conditions that require treatment, giving them a high priority for receiving available services. (c) Systems of Care. The mental health system should develop coordinated, integrated, and effective services organized in systems of care to meet the unique needs of children and youth with serious emotional disturbances, and adults, older adults, and special populations with serious mental illnesses. These systems of care should operate in conjunction with an interagency network of other services necessary for individual clients. (d) Outreach. Mental health services should be accessible to all consumers on a 24-hour basis in times of crisis. Assertive outreach should make mental health services available to homeless and hard-to-reach individuals with mental disabilities. (e) Multiple Disabilities. Mental health services should address the special needs of children and youth, adults, and older adults with dual and multiple disabilities. (f) Quality of Service. Qualified individuals trained in the client-centered approach should provide effective services based on measurable outcomes and deliver those services in environments conducive to clients’ well-being. (g) Cultural Competence. All services and programs at all levels should have the capacity to provide services sensitive to the target populations’ cultural diversity. Systems of care should: (1) Acknowledge and incorporate the importance of culture, the assessment of cross-cultural relations, vigilance towards dynamics resulting from cultural differences, the expansion of cultural knowledge, and the adaptation of services to meet culturally unique needs. (2) Recognize that culture implies an integrated pattern of human behavior, including language, thoughts, beliefs, communications, actions, customs, values, and other institutions of racial, ethnic, religious, or social groups. (3) Promote congruent behaviors, attitudes, and policies enabling the system, agencies, and mental health professionals to function effectively in cross-cultural institutions and communities. (h) Community Support. Systems of care should incorporate the concept of community support for individuals with mental disabilities and reduce the need for more intensive treatment services through measurable client outcomes. (i) Self-Help. The mental health system should promote the development and use of self-help groups by individuals with serious mental illnesses so that these groups will be available in all areas of the state. (j) Outcome Measures. State and local mental health systems of care should be developed based on client-centered goals and evaluated by measurable client outcomes. (k) Administration. Both state and local departments of mental health should manage programs in an efficient, timely, and cost-effective manner. (l) Research. The mental health system should encourage basic research into the nature and causes of mental illnesses and cooperate with research centers in efforts leading to improved treatment methods, service delivery, and quality of life for mental health clients. (m) Education on Mental Illness. Consumer and family advocates for mental health should be encouraged and assisted in informing the public about the nature of mental illness from their viewpoint and about the needs of consumers and families. Mental health professional organizations should be encouraged to disseminate the most recent research findings in the treatment and prevention of mental illness. (Amended by Stats. 1992, Ch. 1374, Sec. 15. Effective October 28, 1992.)
  17. 5600.3.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 1. General Provisions [5600 - 5623.6] ( Chapter 1 added by Stats. 1968, Ch. 989. )

    Verify source ↗

    The section says county mental health funds should, as resources allow, be used mainly to serve listed target populations, and counties must not deny eligible veterans county mental health services just because they are veterans.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 1. General Provisions [5600 - 5623.6] ( Chapter 1 added by Stats. 1968, Ch. 989. ) ## 5600.3. To the extent resources are available, the primary goal of the use of funds deposited in the mental health account of the local health and welfare trust fund should be to serve the target populations identified in the following categories, which shall not be construed as establishing an order of priority: (a) (1) A child or adolescent with serious emotional disturbance. (2) For the purposes of this part, a “child or adolescent with serious emotional disturbance” means a minor under 18 years of age who has a mental disorder, as identified in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders, other than a primary substance use disorder or developmental disorder that results in behavior inappropriate to the child’s age according to expected developmental norms. Members of this target population shall meet one or more of the following criteria: (A) As a result of the mental disorder, the child has substantial impairment in at least two of the following areas: self-care, school functioning, family relationships, or ability to function in the community; and either of the following occur: (i) The child is at risk of removal from home or has already been removed from the home. (ii) The mental disorder and impairments have been present for more than six months or are likely to continue for more than one year without treatment. (B) The child displays one of the following: psychotic features, risk of suicide, or risk of violence due to a mental disorder. (C) The child has been assessed pursuant to Article 2 (commencing with Section 56320) of Chapter 4 of Part 30 of Division 4 of Title 2 of the Education Code and determined to have emotional disturbance, as defined in paragraph (4) of subdivision (c) of Section 300.8 of Title 34 of the Code of Federal Regulations. (b) (1) Adults and older adults who have a serious mental disorder. (2) For the purposes of this part, “serious mental disorder” means a mental disorder that is severe in degree and persistent in duration, which may cause behavioral functioning which interferes substantially with the primary activities of daily living, and which may result in an inability to maintain stable adjustment and independent functioning without treatment, support, and rehabilitation for a long or indefinite period of time. Serious mental disorders include, but are not limited to, schizophrenia, bipolar disorder, post-traumatic stress disorder, as well as major affective disorders or other severely disabling mental disorders. This section does not exclude persons with a serious mental disorder and a diagnosis of a substance use disorder, developmental disability, or other physical or mental disorder. (3) Members of this target population shall meet all of the following criteria: (A) The person has a mental disorder as identified in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders, other than a substance use disorder, developmental disorder, or acquired traumatic brain injury pursuant to subdivision (a) of Section 4354 unless that person also has a serious mental disorder as defined in paragraph (2). (B) (i) As a result of the mental disorder, the person has substantial functional impairments or symptoms, or a psychiatric history demonstrating that without treatment there is an imminent risk of decompensation to having substantial impairments or symptoms. (ii) For the purposes of this part, “functional impairment” means being substantially impaired as the result of a mental disorder in independent living, social relationships, vocational skills, or physical condition. (C) As a result of a mental functional impairment and circumstances, the person is likely to become so disabled as to require public assistance, services, or entitlements. (4) For the purpose of organizing outreach and treatment options, to the extent resources are available, this target population includes, but is not limited to, persons who are any of the following: (A) Homeless persons who have a mental illness. (B) Persons evaluated by appropriately licensed persons as requiring care in acute treatment facilities, including state hospitals, acute inpatient facilities, institutes for mental disease, and crisis residential programs. (C) Persons arrested or convicted of crimes. (D) Persons who require acute treatment as a result of a first episode of mental illness with psychotic features. (5) California veterans in need of mental health services and who meet the existing eligibility requirements of this section, shall be provided services to the extent services are available to other adults pursuant to this section. Veterans who may be eligible for mental health services through the United States Department of Veterans Affairs should be advised of these services by the county and assisted in linking to those services, but the eligible veteran shall not be denied county mental or behavioral health services while waiting for a determination of eligibility for, and availability of, mental or behavioral health services provided by the United States Department of Veterans Affairs. (A) An eligible veteran shall not be denied county mental health services based solely on their status as a veteran, including whether or not the person is eligible for services provided by the United States Department of Veterans Affairs. (B) Counties shall refer a veteran to the county veterans service officer, if any, to determine the veteran’s eligibility for, and the availability of, mental health services provided by the United States Department of Veterans Affairs or other federal health care provider. (C) Counties should consider contracting with community-based veterans’ services agencies, where possible, to provide high-quality, veteran-specific mental health services. (c) Adults or older adults who require or are at risk of requiring acute psychiatric inpatient care, residential treatment, or outpatient crisis intervention because of a mental disorder with symptoms of psychosis, suicidality, or violence. (d) Persons who need brief treatment as a result of a natural disaster or severe local emergency. (Amended by Stats. 2024, Ch. 948, Sec. 21.5. (AB 2119) Effective January 1, 2025.)
  18. 5600.35.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 1. General Provisions [5600 - 5623.6] ( Chapter 1 added by Stats. 1968, Ch. 989. )

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    Mental health services should be encouraged in every geographic area, and planned and delivered to provide statewide access for target populations when resources are available.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 1. General Provisions [5600 - 5623.6] ( Chapter 1 added by Stats. 1968, Ch. 989. ) ## 5600.35. (a) Services should be encouraged in every geographic area to the extent resources are available for clients in the target population categories described in Section 5600.3. (b) Services to the target populations should be planned and delivered so as to ensure statewide access by members of the target populations, including all ethnic groups in the state. (Added by Stats. 1991, Ch. 89, Sec. 69. Effective June 30, 1991.)
  19. 5600.4.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 1. General Provisions [5600 - 5623.6] ( Chapter 1 added by Stats. 1968, Ch. 989. )

    Verify source ↗

    Community mental health services should be organized to offer a range of treatment options, if resources are available.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 1. General Provisions [5600 - 5623.6] ( Chapter 1 added by Stats. 1968, Ch. 989. ) ## 5600.4. Community mental health services should be organized to provide an array of treatment options in the following areas, to the extent resources are available: (a) Precrisis and Crisis Services. Immediate response to individuals in precrisis and crisis and to members of the individual’s support system, on a 24-hour, seven-day-a-week basis. Crisis services may be provided offsite through mobile services. The focus of precrisis services is to offer ideas and strategies to improve the person’s situation, and help access what is needed to avoid crisis. The focus of crisis services is stabilization and crisis resolution, assessment of precipitating and attending factors, and recommendations for meeting identified needs. (b) Comprehensive Evaluation and Assessment. Includes, but is not limited to, evaluation and assessment of physical and mental health, income support, housing, vocational training and employment, and social support services needs. Evaluation and assessment may be provided offsite through mobile services. (c) Individual Service Plan. Identification of the short- and long-term service needs of the individual, advocating for, and coordinating the provision of these services. The development of the plan should include the participation of the client, family members, friends, and providers of services to the client, as appropriate. (d) Medication Education and Management. Includes, but is not limited to, evaluation of the need for administration of, and education about, the risks and benefits associated with medication. Clients should be provided this information prior to the administration of medications pursuant to state law. To the extent practicable, families and caregivers should also be informed about medications. (e) Case Management. Client-specific services that assist clients in gaining access to needed medical, social, educational, and other services. Case management may be provided offsite through mobile services. (f) Twenty-four Hour Treatment Services. Treatment provided in any of the following: an acute psychiatric hospital, an acute psychiatric unit of a general hospital, a psychiatric health facility, a psychiatric residential treatment facility, an institute for mental disease, a community treatment facility, or community residential treatment programs, including crisis, transitional and long-term programs. (g) Rehabilitation and Support Services. Treatment and rehabilitation services designed to stabilize symptoms, and to develop, improve, and maintain the skills and supports necessary to live in the community. These services may be provided through various modes of services, including, but not limited to, individual and group counseling, day treatment programs, collateral contacts with friends and family, and peer counseling programs. These services may be provided offsite through mobile services. (h) Vocational Rehabilitation. Services which provide a range of vocational services to assist individuals to prepare for, obtain, and maintain employment. (i) Residential Services. Room and board and 24-hour care and supervision. (j) Services for Homeless Persons. Services designed to assist mentally ill persons who are homeless, or at risk of being homeless, to secure housing and financial resources. (k) Group Services. Services to two or more clients at the same time. (Amended by Stats. 2022, Ch. 589, Sec. 14. (AB 2317) Effective January 1, 2023.)
  20. 5600.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 1. General Provisions [5600 - 5623.6] ( Chapter 1 added by Stats. 1968, Ch. 989. )

    Verify source ↗

    The minimum service array for qualifying children and youth should include specified service modes in every geographical area, as resources allow.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 1. General Provisions [5600 - 5623.6] ( Chapter 1 added by Stats. 1968, Ch. 989. ) ## 5600.5. The minimum array of services for children and youth meeting the target population criteria established in subdivision (a) of Section 5600.3 should include the following modes of service in every geographical area, to the extent resources are available: (a) Precrisis and crisis services. (b) Assessment. (c) Medication education and management. (d) Case management. (e) Twenty-four-hour treatment services. (f) Rehabilitation and support services designed to alleviate symptoms and foster development of age appropriate cognitive, emotional, and behavioral skills necessary for maturation. (Amended by Stats. 1992, Ch. 1374, Sec. 18. Effective October 28, 1992.)
  21. 5600.6.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 1. General Provisions [5600 - 5623.6] ( Chapter 1 added by Stats. 1968, Ch. 989. )

    Verify source ↗

    The minimum services for adults who meet the target population criteria should include listed service types in every geographical area, as resources allow.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 1. General Provisions [5600 - 5623.6] ( Chapter 1 added by Stats. 1968, Ch. 989. ) ## 5600.6. The minimum array of services for adults meeting the target population criteria established in subdivision (b) of Section 5600.3 should include the following modes of service in every geographical area, to the extent resources are available: (a) Precrisis and crisis services. (b) Assessment. (c) Medication education and management. (d) Case management. (e) Twenty-four-hour treatment services. (f) Rehabilitation and support services. (g) Vocational services. (h) Residential services. (Repealed and added by Stats. 1991, Ch. 89, Sec. 75. Effective June 30, 1991.)
  22. 5600.7.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 1. General Provisions [5600 - 5623.6] ( Chapter 1 added by Stats. 1968, Ch. 989. )

    Verify source ↗

    The minimum service array for qualifying older adults should include several service types in every area, as resources allow.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 1. General Provisions [5600 - 5623.6] ( Chapter 1 added by Stats. 1968, Ch. 989. ) ## 5600.7. The minimum array of services for older adults meeting the target population criteria established in subdivision (b) of Section 5600.3 should include the following modes of service in every geographical area, to the extent resources are available: (a) Precrisis and crisis services, including mobile services. (b) Assessment, including mobile services. (c) Medication education and management. (d) Case management, including mobile services. (e) Twenty-four-hour treatment services. (f) Residential services. (g) Rehabilitation and support services, including mobile services. (Amended by Stats. 1991, Ch. 611, Sec. 41. Effective October 7, 1991.)
  23. 5600.9.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 1. General Provisions [5600 - 5623.6] ( Chapter 1 added by Stats. 1968, Ch. 989. )

    Verify source ↗

    The section says mental health services for target populations should be planned and delivered to meet cultural needs, and state departments must help counties blend funds and seek waivers.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 1. General Provisions [5600 - 5623.6] ( Chapter 1 added by Stats. 1968, Ch. 989. ) ## 5600.9. (a) Services to the target populations described in Section 5600.3 should be planned and delivered to the extent practicable so that persons in all ethnic groups are served with programs that meet their cultural needs. (b) Services in rural areas should be developed in flexible ways, and may be designed to meet the needs of the indigent and uninsured who are in need of public mental health services because other private services are not available. (c) To the extent permitted by law, counties should maximize all available funds for the provision of services to the target populations. Counties are expressly encouraged to develop interagency programs and to blend services and funds for individuals with multiple problems, such as those with mental illness and substance abuse, and children, who are served by multiple agencies. State departments are directed to assist counties in the development of mechanisms to blend funds and to seek any necessary waivers which may be appropriate. (Amended by Stats. 1991, Ch. 611, Sec. 42. Effective October 7, 1991.)
  24. 5601.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 1. General Provisions [5600 - 5623.6] ( Chapter 1 added by Stats. 1968, Ch. 989. )

    Verify source ↗

    This section defines several terms used in this part of the code, including “governing body,” “conference,” “director,” “institution,” and “mental health service.”

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 1. General Provisions [5600 - 5623.6] ( Chapter 1 added by Stats. 1968, Ch. 989. ) ## 5601. As used in this part: (a) “Governing body” means the county board of supervisors or boards of supervisors in the case of counties acting jointly; and in the case of a city, the city council or city councils acting jointly. (b) “Conference” means the County Behavioral Health Directors Association of California as established under former Section 5757. (c) Unless the context requires otherwise, “to the extent resources are available” means to the extent that funds deposited in the mental health account of the local health and welfare fund are available to an entity qualified to use those funds. (d) “Part 1” refers to the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000)). (e) “Director of Health Care Services” or “director” means the Director of the State Department of Health Care Services. (f) “Institution” includes a general acute care hospital, a state hospital, a psychiatric hospital, a psychiatric health facility, a skilled nursing facility, including an institution for mental disease as described in Chapter 1 (commencing with Section 5900) of Part 5, an intermediate care facility, a community care facility or other residential treatment facility, or a juvenile or criminal justice institution. (g) “Mental health service” means any service directed toward early intervention in, or alleviation or prevention of, mental disorder, including, but not limited to, diagnosis, evaluation, treatment, personal care, day care, respite care, special living arrangements, community skill training, sheltered employment, socialization, case management, transportation, information, referral, consultation, and community services. (Amended by Stats. 2015, Ch. 455, Sec. 32. (SB 804) Effective January 1, 2016.)
  25. 5602.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 1. General Provisions [5600 - 5623.6] ( Chapter 1 added by Stats. 1968, Ch. 989. )

    Verify source ↗

    County boards must establish a community mental health service for the whole county. State health care services must be provided to the county, and state facilities may be leased, rented, or sold for county operation if both sides agree and the Director of General Services approves the terms.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 1. General Provisions [5600 - 5623.6] ( Chapter 1 added by Stats. 1968, Ch. 989. ) ## 5602. The board of supervisors of every county, or the boards of supervisors of counties acting under the joint powers provisions of Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code shall establish a community mental health service to cover the entire area of the county or counties. Services of the State Department of Health Care Services shall be provided to the county, or counties acting jointly, or, if both parties agree, the state facilities may, in whole or in part, be leased, rented or sold to the county or counties for county operation, subject to terms and conditions approved by the Director of General Services. (Amended by Stats. 2012, Ch. 34, Sec. 117. (SB 1009) Effective June 27, 2012.)
  26. 5604.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 1. General Provisions [5600 - 5623.6] ( Chapter 1 added by Stats. 1968, Ch. 989. )

    Verify source ↗

    Each community mental health service must have a behavioral health board, and counties must meet detailed membership, appointment, and conflict-of-interest rules.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 1. General Provisions [5600 - 5623.6] ( Chapter 1 added by Stats. 1968, Ch. 989. ) ## 5604. (a) (1) (A) Each community mental health service shall have a behavioral health board consisting of 10 to 15 members, depending on the preference of the county, appointed by the governing body, except that a board in a county with a population of fewer than 80,000 may have a minimum of 5 members. (B) A county with more than five supervisors shall have at least the same number of members as the size of its board of supervisors. (C) This section does not limit the ability of the governing body to increase the number of members above 15. (2) (A) (i) The board shall serve in an advisory role to the governing body, and one member of the board shall be a member of the local governing body. (ii) Local behavioral health boards may recommend appointees to the county supervisors. (iii) The board membership shall reflect the diversity of the client population in the county to the extent possible. (B) (i) Fifty percent of the board membership shall be consumers, or the parents, spouses, siblings, or adult children of consumers, who are receiving or have received behavioral health services. At least one of these members shall be an individual who is 25 years of age or younger. (ii) At least 20 percent of the total membership shall be consumers, and at least 20 percent shall be families of consumers. (C) (i) In a county with a population of 100,000 or more, at least one member of the board shall be a veteran or veteran advocate. In a county with a population of fewer than 100,000, the county shall give a strong preference to appointing at least one member of the board who is a veteran or a veteran advocate. (ii) To comply with clause (i), a county shall notify its county veterans service officer about vacancies on the board, if the county has a veterans service officer. (D) (i) At least one member of the board shall be an employee of a local education agency. (ii) To comply with clause (i), a county shall notify its county office of education about vacancies on the board. (E) (i) In addition to the requirements in subparagraphs (B), (C), and (D), counties are encouraged to appoint individuals who have experience with, and knowledge of, the behavioral health system. (ii) This would include members of the community who engage with individuals living with mental illness or substance use disorder in the course of daily operations, such as representatives of county offices of education, large and small businesses, hospitals, hospital districts, physicians practicing in emergency departments, city police chiefs, county sheriffs, and community and nonprofit service providers. (3) (A) In counties with a population that is fewer than 80,000, at least one member shall be a consumer and at least one member shall be a parent, spouse, sibling, or adult child of a consumer who is receiving, or has received, mental health or substance use disorder treatment services. (B) Notwithstanding subparagraph (A), a board in a county with a population that is fewer than 80,000 that elects to have the board exceed the five-member minimum permitted under paragraph (1) shall be required to comply with paragraph (2). (b) (1) The behavioral health board shall review and evaluate the local public mental health system, pursuant to Section 5604.2, and review and evaluate the local public substance use disorder treatment system. (2) The behavioral health board shall advise the governing body on community mental health and substance use disorder services delivered by the local mental health agency or local behavioral health agency, as applicable. (c) (1) The term of each member of the board shall be for three years. (2) The governing body shall equitably stagger the appointments so that approximately one-third of the appointments expire in each year. (d) If two or more local agencies jointly establish a community mental health service pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code, the behavioral health board for the community mental health service shall consist of an additional two members for each additional agency, one of whom shall be a consumer or a parent, spouse, sibling, or adult child of a consumer who has received mental health or substance use disorder treatment services. (e) (1) Except as provided in paragraph (2), a member of the board or the member’s spouse shall not be a full-time or part-time county employee of a county mental health and substance use disorder service, an employee of the State Department of Health Care Services, or an employee of, or a paid member of the governing body of, a mental health or substance use disorder contract agency. (2) (A) A consumer of behavioral health services who has obtained employment with an employer described in paragraph (1) and who holds a position in which the consumer does not have an interest, influence, or authority over a financial or contractual matter concerning the employer may be appointed to the board. (B) The member shall abstain from voting on a financial or contractual issue concerning the member’s employer that may come before the board. (f) Members of the board shall abstain from voting on an issue in which the member has a financial interest as defined in Section 87103 of the Government Code. (g) If it is not possible to secure membership as specified in this section from among persons who reside in the county, the governing body may substitute representatives of the public interest in behavioral health who are not full-time or part-time employees of the county behavioral health service, the State Department of Health Care Services, or on the staff of, or a paid member of the governing body of, a behavioral health contract agency. (h) The behavioral health board may be established as an advisory board or a commission, depending on the preference of the county. (i) For purposes of this section, “veteran advocate” means either a parent, spouse, or adult child of a veteran, or an individual who is part of a veterans organization, including the Veterans of Foreign Wars or the American Legion. (j) This section shall become operative on January 1, 2025, if amendments to the Mental Health Services Act are approved by the voters at the March 5, 2024, statewide primary election. (Repealed (in Sec. 14) and added by Stats. 2023, Ch. 790, Sec. 15. (SB 326) Effective April 17, 2024. Approved in Proposition 1 at the March 5, 2024, election. Operative January 1, 2025, by its own provisions.)
  27. 5604.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 1. General Provisions [5600 - 5623.6] ( Chapter 1 added by Stats. 1968, Ch. 989. )

    Verify source ↗

    Local behavioral health boards must follow the local-agency meetings rules in the cited Government Code 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 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 1. General Provisions [5600 - 5623.6] ( Chapter 1 added by Stats. 1968, Ch. 989. ) ## 5604.1. (a) Local behavioral health boards are subject to the provisions of Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code, relating to meetings of local agencies. (b) This section shall become operative on January 1, 2025, if amendments to the Mental Health Services Act are approved by the voters at the March 5, 2024, statewide primary. (Repealed (in Sec. 16) and added by Stats. 2023, Ch. 790, Sec. 17. (SB 326) Effective October 12, 2023. Operative January 1, 2025, by its own provisions.)
  28. 5604.2.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 1. General Provisions [5600 - 5623.6] ( Chapter 1 added by Stats. 1968, Ch. 989. )

    Verify source ↗

    The local behavioral health board must review, advise, report, and make recommendations on county behavioral health 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 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 1. General Provisions [5600 - 5623.6] ( Chapter 1 added by Stats. 1968, Ch. 989. ) ## 5604.2. (a) The local behavioral health board shall do all of the following: (1) Review and evaluate the community’s public behavioral health needs, services, facilities, and special problems in a facility within the county or jurisdiction where mental health or substance use disorder evaluations or services are being provided, including, but not limited to, schools, emergency departments, and psychiatric facilities. (2) (A) Review county agreements entered into pursuant to Section 5650. (B) The local behavioral health board may make recommendations to the governing body regarding concerns identified within these agreements. (3) (A) Advise the governing body and the local behavioral health director as to any aspect of the local behavioral health systems. (B) Local behavioral health boards may request assistance from the local patients’ rights advocates when reviewing and advising on mental health or substance use disorder evaluations or services provided in public facilities with limited access. (4) (A) Review and approve the procedures used to ensure citizen and professional involvement at all stages of the planning process. (B) Involvement shall include individuals with lived experience of mental illness, substance use disorder, or both, and their families, community members, advocacy organizations, and behavioral health professionals. It shall also include other professionals who interact with individuals living with mental illnesses or substance use disorders on a daily basis, such as education, emergency services, employment, health care, housing, public safety, local business owners, social services, older adults, transportation, and veterans. (5) Submit an annual report to the governing body on the needs and performance of the county’s behavioral health system. (6) (A) Review and make recommendations on applicants for the appointment of a local director of behavioral health services. (B) The board shall be included in the selection process prior to the vote of the governing body. (7) Review and comment on the county’s performance outcome data and communicate its findings to the California Behavioral Health Planning Council. (8) This part does not limit the ability of the governing body to transfer additional duties or authority to a behavioral health board. (b) It is the intent of the Legislature that, as part of its duties pursuant to subdivision (a), the board shall assess the impact of the realignment of services from the state to the county on services delivered to clients and on the local community. (c) This section shall become operative on January 1, 2025, if amendments to the Mental Health Services Act are approved by the voters at the March 5, 2024, statewide primary election. (Repealed (in Sec. 18) and added by Stats. 2023, Ch. 790, Sec. 19. (SB 326) Effective April 17, 2024. Approved in Proposition 1 at the March 5, 2024, election. Operative January 1, 2025, by its own provisions.)
  29. 5604.3.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 1. General Provisions [5600 - 5623.6] ( Chapter 1 added by Stats. 1968, Ch. 989. )

    Verify source ↗

    The board of supervisors may pay certain actual and necessary expenses for members of a behavioral health board, and those expenses can include travel, lodging, childcare, and meals when the members are on official business and the director approves 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 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 1. General Provisions [5600 - 5623.6] ( Chapter 1 added by Stats. 1968, Ch. 989. ) ## 5604.3. (a) (1) The board of supervisors may pay from available funds the actual and necessary expenses of the members of the behavioral health board of a community mental health service incurred incident to the performance of their official duties and functions. (2) The expenses may include travel, lodging, childcare, and meals for the members of the board while on official business as approved by the director of the local behavioral health program. (b) Governing bodies are encouraged to provide a budget for the local behavioral health board using planning and administrative revenues identified in paragraph (1) of subdivision (e) of Section 5892, that is sufficient to facilitate the purpose, duties, and responsibilities of the local behavioral health board. (c) This section shall become operative on January 1, 2025, if amendments to the Mental Health Services Act are approved by the voters at the March 5, 2024, statewide primary election. (Repealed (in Sec. 20) and added by Stats. 2023, Ch. 790, Sec. 21. (SB 326) Effective April 17, 2024. Approved in Proposition 1 at the March 5, 2024, election. Operative January 1, 2025, by its own provisions.)
  30. 5604.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 1. General Provisions [5600 - 5623.6] ( Chapter 1 added by Stats. 1968, Ch. 989. )

    Verify source ↗

    The local behavioral health board must develop bylaws for governing body approval and include rules on board size, composition, quorum, chairperson consultation, and the possible creation of an executive committee.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 1. General Provisions [5600 - 5623.6] ( Chapter 1 added by Stats. 1968, Ch. 989. ) ## 5604.5. The local behavioral health board shall develop bylaws to be approved by the governing body that shall do all of the following: (a) Establish the specific number of members on the behavioral health board, consistent with subdivision (a) of Section 5604. (b) Ensure that the composition of the behavioral health board represents and reflects the diversity and demographics of the county as a whole, to the extent feasible. (c) Establish that a quorum be one person more than one-half of the appointed members. (d) Establish that the chairperson of the behavioral health board be in consultation with the local behavioral health director. (e) Establish that there may be an executive committee of the behavioral health board. (f) This section shall become operative on January 1, 2025, if amendments to the Mental Health Services Act are approved by the voters at the March 5, 2024, statewide primary election. (Repealed (in Sec. 22) and added by Stats. 2023, Ch. 790, Sec. 23. (SB 326) Effective April 17, 2024. Approved in Proposition 1 at the March 5, 2024, election. Operative January 1, 2025, by its own provisions.)
  31. 5607.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 1. General Provisions [5600 - 5623.6] ( Chapter 1 added by Stats. 1968, Ch. 989. )

    Verify source ↗

    Local mental health services must be run by a local director appointed by the governing body, and that director must meet standards set by 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 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 1. General Provisions [5600 - 5623.6] ( Chapter 1 added by Stats. 1968, Ch. 989. ) ## 5607. The local mental health services shall be administered by a local director of mental health services to be appointed by the governing body. He or she shall meet such standards of training and experience as the State Department of Health Care Services, by regulation, shall require. Applicants for these positions need not be residents of the city, county, or state, and may be employed on a full or part-time basis. If a county is unable to secure the services of a person who meets the standards of the State Department of Health Care Services, the county may select an alternate administrator. (Amended by Stats. 2012, Ch. 34, Sec. 119. (SB 1009) Effective June 27, 2012.)
  32. 5608.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 1. General Provisions [5600 - 5623.6] ( Chapter 1 added by Stats. 1968, Ch. 989. )

    Verify source ↗

    The local director of mental health services has specified duties and powers for running the community mental health service.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 1. General Provisions [5600 - 5623.6] ( Chapter 1 added by Stats. 1968, Ch. 989. ) ## 5608. The local director of mental health services shall have the following powers and duties: (a) Serve as chief executive officer of the community mental health service responsible to the governing body through administrative channels designated by the governing body. (b) Exercise general supervision over mental health services provided under this part. (c) Recommend to the governing body, after consultation with the advisory board, the provision of services, establishment of facilities, contracting for services or facilities and other matters necessary or desirable in accomplishing the purposes of this division. (d) Submit an annual report to the governing body reporting all activities of the program, including a financial accounting of expenditures and a forecast of anticipated needs for the ensuing year. (e) Carry on studies appropriate for the discharge of his or her duties, including the control and prevention of mental disorders. (f) Possess authority to enter into negotiations for contracts or agreements for the purpose of providing mental health services in the county. (Amended by Stats. 1991, Ch. 89, Sec. 92. Effective June 30, 1991.)
  33. 5611.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 1. General Provisions [5600 - 5623.6] ( Chapter 1 added by Stats. 1968, Ch. 989. )

    Verify source ↗

    The Director of State Hospitals must establish a Performance Outcome Committee. Some mental health professional organizations may join as members, and the committee may seek private funding.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 1. General Provisions [5600 - 5623.6] ( Chapter 1 added by Stats. 1968, Ch. 989. ) ## 5611. (a) The Director of State Hospitals shall establish a Performance Outcome Committee, to be comprised of representatives from the Public Law 99-660 Planning Council and the County Behavioral Health Directors Association of California. Any costs associated with the performance of the duties of the committee shall be absorbed within the resources of the participants. (b) Major mental health professional organizations representing licensed clinicians may participate as members of the committee at their own expense. (c) The committee may seek private funding for costs associated with the performance of its duties. (Amended by Stats. 2015, Ch. 455, Sec. 33. (SB 804) Effective January 1, 2016.)
  34. 5612.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 1. General Provisions [5600 - 5623.6] ( Chapter 1 added by Stats. 1968, Ch. 989. )

    Verify source ↗

    The committee must develop performance measures for mental health services, use Department of Mental Health data when reporting, and include state hospital measures for the 1992–93 fiscal year.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 1. General Provisions [5600 - 5623.6] ( Chapter 1 added by Stats. 1968, Ch. 989. ) ## 5612. (a) (1) The Performance Outcome Committee shall develop measures of performance for evaluating client outcomes and cost effectiveness of mental health services provided pursuant to this division. The reporting of performance measures shall utilize the data collected by the State Department of Mental Health in the client-specific, uniform, simplified, and consolidated data system. The performance measures shall take into account resources available overall, resource imbalance between counties, other services available in the community, and county experience in developing data and evaluative information. (2) During the 1992–93 fiscal year, the committee shall include measures of performance for evaluating client outcomes and cost-effectiveness of mental health services provided by state hospitals. (b) The committee should consider outcome measures in the following areas: (1) Numbers of persons in identified target populations served. (2) Estimated number of persons in identified target populations in need of services. (3) Treatment plans development for members of the target population served. (4) Treatment plan goals met. (5) Stabilization of living arrangements. (6) Reduction of law enforcement involvement and jail bookings. (7) Increase in employment or education activities. (8) Percentage of resources used to serve children and older adults. (9) Number of patients’ rights advocates and their duties. (10) Quality assurance activities for services, including peer review and medication management. (11) Identification of special projects, incentives, and prevention programs. (c) Areas identified for consideration by the committee are for guidance only. (Amended by Stats. 1992, Ch. 1374, Sec. 30. Effective October 28, 1992.)
  35. 5614.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 1. General Provisions [5600 - 5623.6] ( Chapter 1 added by Stats. 1968, Ch. 989. )

    Verify source ↗

    The department must create and measure access-and-quality indicators for California’s public mental health system and report on the work to the legislative budget committees.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 1. General Provisions [5600 - 5623.6] ( Chapter 1 added by Stats. 1968, Ch. 989. ) ## 5614.5. (a) The department, in consultation with the Quality Improvement Committee which shall include representatives of the California Behavioral Health Planning Council, local mental health departments, consumers and families of consumers, and other stakeholders, shall establish and measure indicators of access and quality to provide the information needed to continuously improve the care provided in California’s public mental health system. (b) The department in consultation with the Quality Improvement Committee shall include specific indicators in all of the following areas: (1) Structure. (2) Process, including access to care, appropriateness of care, and the cost effectiveness of care. (3) Outcomes. (c) Protocols for both compliance with law and regulations and for quality indicators shall include standards and formal decision rules for establishing when technical assistance, and enforcement in the case of compliance, will occur. These standards and decision rules shall be established through the consensual stakeholder process established by the department. (d) The department shall report to the legislative budget committees on the status of the efforts in Section 5614 and this section by March 1, 2001. The report shall include presentation of the protocols and indicators developed pursuant to this section or barriers encountered in their development. (Amended by Stats. 2017, Ch. 511, Sec. 7. (AB 1688) Effective January 1, 2018.)
  36. 5615.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 1. General Provisions [5600 - 5623.6] ( Chapter 1 added by Stats. 1968, Ch. 989. )

    Verify source ↗

    Cities that were running independent public mental health programs on January 1, 1990 may elect to keep receiving direct payments.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 1. General Provisions [5600 - 5623.6] ( Chapter 1 added by Stats. 1968, Ch. 989. ) ## 5615. If they so elect, cities that were operating independent public mental health programs on January 1, 1990, shall continue to receive direct payments. (Amended by Stats. 1991, Ch. 89, Sec. 102. Effective June 30, 1991.)
  37. 5616.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 1. General Provisions [5600 - 5623.6] ( Chapter 1 added by Stats. 1968, Ch. 989. )

    Verify source ↗

    Cities or combinations of cities may own, finance, and operate a mental health program.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 1. General Provisions [5600 - 5623.6] ( Chapter 1 added by Stats. 1968, Ch. 989. ) ## 5616. Nothing in this part shall prevent any city or combination of cities from owning, financing, and operating a mental health program. (Amended by Stats. 1991, Ch. 89, Sec. 104. Effective June 30, 1991.)
  38. 5618.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 1. General Provisions [5600 - 5623.6] ( Chapter 1 added by Stats. 1968, Ch. 989. )

    Verify source ↗

    Mental health plans must provide requested information about specialty Medi-Cal mental health 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 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 1. General Provisions [5600 - 5623.6] ( Chapter 1 added by Stats. 1968, Ch. 989. ) ## 5618. Mental health plans shall be responsible for providing information to potential clients, family members, and caregivers regarding specialty Medi-Cal mental health services offered by the mental health plans upon request of the individual. This information shall be written in a manner that is easy to understand and is descriptive of the complete services offered. (Added by Stats. 2000, Ch. 93, Sec. 53. Effective July 7, 2000.)
  39. 5622.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 1. General Provisions [5600 - 5623.6] ( Chapter 1 added by Stats. 1968, Ch. 989. )

    Verify source ↗

    Certain mental health facilities must prepare and provide a written aftercare plan before discharge, and some patients may refuse services in that plan if released 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 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 1. General Provisions [5600 - 5623.6] ( Chapter 1 added by Stats. 1968, Ch. 989. ) ## 5622. (a) A licensed inpatient mental health facility, as described in subdivision (c) of Section 1262 of the Health and Safety Code, operated by a county or pursuant to a county contract, shall, prior to the discharge of any patient who was placed in the facility, prepare a written aftercare plan. The aftercare plan, to the extent known, shall specify the following: (1) The nature of the illness and followup required. (2) Medications, including side effects and dosage schedules. If the patient was given an informed consent form with his or her medications, the form shall satisfy the requirement for information on side effects of the medications. (3) Expected course of recovery. (4) Recommendations regarding treatment that are relevant to the patient’s care. (5) Referrals to providers of medical and mental health services. (6) Other relevant information. (b) Any person undergoing treatment at a facility under the Lanterman-Petris-Short Act or a county Bronzan-McCorquodale facility and the person’s conservator, guardian, or other legally authorized representative shall be given a written aftercare plan prior to being discharged from the facility. The person shall be advised by facility personnel that he or she may designate another person to receive a copy of the aftercare plan. (c) A copy of the aftercare plan shall be given to any person designated under subdivision (b). A patient who is released from any local treatment facility described in subdivision (c) of Section 1262 of the Health and Safety Code on a voluntary basis may refuse any or all services under the written aftercare plan. (Amended by Stats. 1997, Ch. 512, Sec. 2. Effective January 1, 1998.)
  40. 5623.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 1. General Provisions [5600 - 5623.6] ( Chapter 1 added by Stats. 1968, Ch. 989. )

    Verify source ↗

    A county may not deny access to qualifying psychiatric medication for people receiving county mental health services, if resources are available.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 1. General Provisions [5600 - 5623.6] ( Chapter 1 added by Stats. 1968, Ch. 989. ) ## 5623.5. Commencing October 1, 1991, and to the extent resources are available, no county shall deny any person receiving services administered by the county mental health program access to any medication which has been prescribed by the treating physician and approved by the federal Food and Drug Administration and the Medi-Cal program for use in the treatment of psychiatric illness. (Added by Stats. 1991, Ch. 89, Sec. 107. Effective June 30, 1991.)
  41. 5623.6.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 1. General Provisions [5600 - 5623.6] ( Chapter 1 added by Stats. 1968, Ch. 989. )

    Verify source ↗

    Courts must notify certain misdemeanor defendants found incompetent to stand trial that they need mental health services and give them local and program contact 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 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 1. General Provisions [5600 - 5623.6] ( Chapter 1 added by Stats. 1968, Ch. 989. ) ## 5623.6. (a) Individuals who have been found incompetent to stand trial and whose charges have been dismissed by the court pursuant to paragraph (2) of subdivision (b) of Section 1370.01 of the Penal Code and who are not receiving court directed services pursuant to subdivision (b) of Section 1370.01 of the Penal Code, represent a vulnerable population who would benefit from on-going mental health services. It is the intent of the Legislature that this population shall be a top priority for connection with behavioral health services upon release. (b) An individual who has a misdemeanor charge or charges that are dismissed by the court, who is found incompetent to stand trial, and who is not receiving court directed services pursuant to subdivision (b) of Section 1370.01 of the Penal Code, shall be notified by the court of their need for mental health services, as evidenced by having been found incompetent to stand trial. The court shall additionally provide the individual with information that, at a minimum, consists of the name, address, and telephone number of the county behavioral health department, the name and contact information of the behavioral health professional that was providing services to them while incarcerated, if any, contact information for the Medi-Cal program, and a list of available community-based organizations where the individual could obtain mental health services. (Added by Stats. 2023, Ch. 883, Sec. 1. (SB 717) Effective January 1, 2024.)
  42. 5650.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 2. The County Performance Contract [5650 - 5667] ( Heading of Chapter 2 amended by Stats. 1991, Ch. 89, Sec. 109. )

    Verify source ↗

    The department and each county must have a county mental health services performance contract, and the department must develop 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 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 2. The County Performance Contract [5650 - 5667] ( Heading of Chapter 2 amended by Stats. 1991, Ch. 89, Sec. 109. ) ## 5650. (a) The State Department of Health Care Services and each county shall have a performance contract for community mental health services, the Mental Health Services Act, the Projects for Assistance in Transition from Homelessness grant, the Community Mental Health Services Block Grant, and other federal grants or other county mental health programs. (b) The department shall develop the county mental health services performance contract, which shall be effective for an initial period of three years. The department shall provide the three-year performance contract to the county by January 2 of the year the existing performance contract expires. The county shall adopt, execute, and return the performance contract by May 1 of the year the existing contract expires. (c) The department may extend the term of the contract for two one-year periods. If the department extends the term of the performance contract, the department shall notify the county by January 2 of the year the existing performance contract expires. The county shall adopt, execute, and return the extension to the performance contract by May 1 of the year the existing contract expires. (d) The department may amend the contract at any time during the term of the contract and the county shall have 90 days from receipt of an amendment to adopt, execute, and return the amendment to the department. (e) For the purposes of this chapter, provisions of law referring to the county shall be construed to include counties, counties acting jointly, and cities receiving funds pursuant to Section 5701.5. (Repealed and added by Stats. 2018, Ch. 424, Sec. 13. (SB 1495) Effective January 1, 2019.)
  43. 5650.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 2. The County Performance Contract [5650 - 5667] ( Heading of Chapter 2 amended by Stats. 1991, Ch. 89, Sec. 109. )

    Verify source ↗

    References in law to the county Short-Doyle plan are to be read as references to the county mental health services performance contract in 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 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 2. The County Performance Contract [5650 - 5667] ( Heading of Chapter 2 amended by Stats. 1991, Ch. 89, Sec. 109. ) ## 5650.5. Any other provision of law referring to the county Short-Doyle plan shall be construed as referring to the county mental health services performance contract described in this chapter. (Added by Stats. 1991, Ch. 89, Sec. 113. Effective June 30, 1991.)
  44. 5651.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 2. The County Performance Contract [5650 - 5667] ( Heading of Chapter 2 amended by Stats. 1991, Ch. 89, Sec. 109. )

    Verify source ↗

    Counties must follow their county mental health services performance contract and include several required terms in that contract.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 2. The County Performance Contract [5650 - 5667] ( Heading of Chapter 2 amended by Stats. 1991, Ch. 89, Sec. 109. ) ## 5651. (a) Counties shall comply with the terms of the county mental health services performance contract. (b) The county mental health services performance contract shall include all of the following provisions: (1) That the county shall comply with the expenditure requirements of Section 17608.05. (2) That the county shall provide services to persons receiving involuntary treatment as required by Part 1 (commencing with Section 5000) and Part 1.5 (commencing with Section 5585). (3) That the county shall comply with all requirements necessary for Medi-Cal reimbursement for mental health treatment services and case management programs provided to Medi-Cal eligible individuals, including, but not limited to, the provisions set forth in Chapter 3 (commencing with Section 5700), and that the county shall submit cost reports and other data to the department in the form and manner determined by the State Department of Health Care Services. (4) That the local mental health advisory board has reviewed and approved procedures ensuring citizen and professional involvement at all stages of the planning process pursuant to Section 5604.2. (5) That the county shall comply with all provisions and requirements in law pertaining to patient rights. (6) That the county shall comply with all requirements in federal law and regulation, and all agreements, certifications, assurances, and policy letters, pertaining to federally funded mental health programs, including, but not limited to, the Projects for Assistance in Transition from Homelessness grant and Community Mental Health Services Block Grant programs. (7) That the county shall provide all data and information set forth in Sections 5610 and 5664. (8) That the county, if it elects to provide the services described in Chapter 2.5 (commencing with Section 5670), shall comply with guidelines established for program initiatives outlined in that chapter. (9) That the county shall comply with all applicable laws and regulations for all services delivered, including all laws, regulations, and guidelines of the Mental Health Services Act. (10) The State Department of Health Care Services’ ability to monitor the county’s three-year program and expenditure plan and annual update pursuant to Section 5847. (11) Other information determined to be necessary by the director, to the extent this requirement does not substantially increase county costs. (c) The State Department of Health Care Services may include contract provisions for other federal grants or county mental health programs in this performance contract. (Amended by Stats. 2018, Ch. 424, Sec. 14. (SB 1495) Effective January 1, 2019.)
  45. 5652.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 2. The County Performance Contract [5650 - 5667] ( Heading of Chapter 2 amended by Stats. 1991, Ch. 89, Sec. 109. )

    Verify source ↗

    Counties must use existing mental health resources and facilities before developing new ones when quality and cost are at least equal, and must use available local facilities before using 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 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 2. The County Performance Contract [5650 - 5667] ( Heading of Chapter 2 amended by Stats. 1991, Ch. 89, Sec. 109. ) ## 5652.5. (a) Each county shall utilize available private and private nonprofit mental health resources and facilities in the county prior to developing new county-operated resources or facilities when these private and private nonprofit mental health resources or facilities are of at least equal quality and cost as county-operated resources and facilities and shall utilize available county resources and facilities of at least equal quality and cost prior to new private and private nonprofit resources and facilities. All the available local public or private and private nonprofit facilities shall be utilized before state hospitals are used. (b) Nothing in this section shall prevent a county from restructuring its systems of care in the manner it believes will provide the best overall care. (Repealed and added by Stats. 1991, Ch. 89, Sec. 125. Effective June 30, 1991.)
  46. 5652.7.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 2. The County Performance Contract [5650 - 5667] ( Heading of Chapter 2 amended by Stats. 1991, Ch. 89, Sec. 109. )

    Verify source ↗

    A county must decide an application to establish a new mental health care provider within 60 days of submission. If state department review is required, the department has the same 60-day limit.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 2. The County Performance Contract [5650 - 5667] ( Heading of Chapter 2 amended by Stats. 1991, Ch. 89, Sec. 109. ) ## 5652.7. A county shall have only 60 days from the date of submission of an application to review and certify or deny an application to establish a new mental health care provider. If an application requires review by the State Department of Health Care Services, the department shall also have only 60 days from the date of submission of the application to review and certify or deny an application to establish a new mental health care provider. (Amended by Stats. 2012, Ch. 34, Sec. 123. (SB 1009) Effective June 27, 2012.)
  47. 5653.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 2. The County Performance Contract [5650 - 5667] ( Heading of Chapter 2 amended by Stats. 1991, Ch. 89, Sec. 109. )

    Verify source ↗

    The Department of Rehabilitation may act as a contractual provider under a county vocational rehabilitation plan for persons with mental health disorders.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 2. The County Performance Contract [5650 - 5667] ( Heading of Chapter 2 amended by Stats. 1991, Ch. 89, Sec. 109. ) ## 5653. (a) Optimum use shall be made of appropriate local public and private organizations, community professional personnel, and state agencies. Optimum use shall also be made of federal, state, county, and private funds that may be available for mental health planning. (b) In order that maximum utilization be made of federal and other funds made available to the Department of Rehabilitation, the Department of Rehabilitation may serve as a contractual provider under the provisions of a county plan of vocational rehabilitation services for persons with mental health disorders. (Amended by Stats. 2014, Ch. 144, Sec. 101. (AB 1847) Effective January 1, 2015.)
  48. 5653.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 2. The County Performance Contract [5650 - 5667] ( Heading of Chapter 2 amended by Stats. 1991, Ch. 89, Sec. 109. )

    Verify source ↗

    Counties may contract with public or private agencies when conducting evaluation, planning, and research activities.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 2. The County Performance Contract [5650 - 5667] ( Heading of Chapter 2 amended by Stats. 1991, Ch. 89, Sec. 109. ) ## 5653.1. In conducting evaluation, planning, and research activities, counties may contract with public or private agencies. (Amended by Stats. 2012, Ch. 34, Sec. 125. (SB 1009) Effective June 27, 2012.)
  49. 5654.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 2. The County Performance Contract [5650 - 5667] ( Heading of Chapter 2 amended by Stats. 1991, Ch. 89, Sec. 109. )

    Verify source ↗

    County mental health programs may use funds for consultation and training.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 2. The County Performance Contract [5650 - 5667] ( Heading of Chapter 2 amended by Stats. 1991, Ch. 89, Sec. 109. ) ## 5654. In order to serve the increasing needs of children and adolescents with mental and emotional problems, county mental health programs may use funds for the purposes of consultation and training. (Amended by Stats. 2012, Ch. 34, Sec. 126. (SB 1009) Effective June 27, 2012.)
  50. 5655.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 2. The County Performance Contract [5650 - 5667] ( Heading of Chapter 2 amended by Stats. 1991, Ch. 89, Sec. 109. )

    Verify source ↗

    State and local agencies must cooperate with county officials on mental health planning, and the State Department of Health Care Services must provide consultation on request when staff are available.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 2. The County Performance Contract [5650 - 5667] ( Heading of Chapter 2 amended by Stats. 1991, Ch. 89, Sec. 109. ) ## 5655. All departments of state government and all local public agencies shall cooperate with county officials to assist them in mental health planning. The State Department of Health Care Services shall, upon request and with available staff, provide consultation services to the local mental health directors, local governing bodies, and local mental health advisory boards. If the Director of Health Care Services considers any county to be failing, in a substantial manner, to comply with any provision of this code or any regulation, the director shall order the county to appear at a hearing, before the director or the director’s designee, to show cause why the department should not take action as set forth in this section. The county shall be given at least 20 days’ notice of the hearing. The director shall consider the case on the record established at the hearing and make final findings and decision. If the director determines that there is or has been a failure, in a substantial manner, on the part of the county to comply with any provision of this code or any regulations, and that administrative sanctions are necessary, the department may invoke any, or any combination of, the following sanctions: (a) Withhold part or all of state mental health funds from the county. (b) Require the county to enter into negotiations for the purpose of ensuring county compliance with those laws and regulations. (c) Bring an action in mandamus or any other action in court as may be appropriate to compel compliance. Any action filed in accordance with this section shall be entitled to a preference in setting a date for a hearing. (Amended by Stats. 2012, Ch. 34, Sec. 127. (SB 1009) Effective June 27, 2012.)
  51. 5657.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 2. The County Performance Contract [5650 - 5667] ( Heading of Chapter 2 amended by Stats. 1991, Ch. 89, Sec. 109. )

    Verify source ↗

    A contracted private mental health services provider must invoice the county within 60 days after services are supplied, and a county that misses the required payment date without reasonable cause may owe a daily penalty.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 2. The County Performance Contract [5650 - 5667] ( Heading of Chapter 2 amended by Stats. 1991, Ch. 89, Sec. 109. ) ## 5657. (a) The private organization or private nonprofit organization awarded a contract with the county agency to supply mental health services under this part shall provide an invoice to the county for the amount of the payment due within 60 days of the date the services are supplied, as long as that date is at least 60 days from the date the county has received distribution of mental health funds from the state. (b) Any county that, without reasonable cause, fails to make any payment within 60 days of the required payment date to a private organization or private nonprofit organization awarded a contract with the county agency to supply mental health services under this part, for an undisputed claim which was properly executed by the claimant and submitted to the county, shall pay a penalty of 0.10 percent of the amount due, per day, from the 61st day after the required payment date. (c) For the purposes of this section, “required payment date” means any of the following: (1) The date on which payment is due under the terms of the contract. (2) If a specific date is not established by contract, the date upon which an invoice is received, if the invoice specifies payment is due upon receipt. (3) If a specific date is not established by contract or invoice, 60 days after receipt of a proper invoice for the amount of the payment due. (d) The penalty assessed under this section shall not be paid from the Bronzan-McCorquodale program funds or county matching funds. The penalty provisions of this section shall not apply to the late payment of any federal funds or Medi-Cal funds. (Amended by Stats. 2004, Ch. 183, Sec. 374. Effective January 1, 2005.)
  52. 5664.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 2. The County Performance Contract [5650 - 5667] ( Heading of Chapter 2 amended by Stats. 1991, Ch. 89, Sec. 109. )

    Verify source ↗

    County behavioral health systems must provide reports and data to meet the state’s information needs, as necessary.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 2. The County Performance Contract [5650 - 5667] ( Heading of Chapter 2 amended by Stats. 1991, Ch. 89, Sec. 109. ) ## 5664. (a) In consultation with the County Behavioral Health Directors Association of California, the State Department of Health Care Services, the Behavioral Health Services Oversight and Accountability Commission, the California Behavioral Health Planning Council, and the California Health and Human Services Agency, county behavioral health systems shall provide reports and data to meet the information needs of the state, as necessary. (b) This section shall become operative on January 1, 2025, if amendments to the Mental Health Services Act are approved by the voters at the March 5, 2024, statewide primary election. (Repealed (in Sec. 30) and added by Stats. 2023, Ch. 790, Sec. 31. (SB 326) Effective October 12, 2023. Operative January 1, 2025, by its own provisions.)
  53. 5665.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 2. The County Performance Contract [5650 - 5667] ( Heading of Chapter 2 amended by Stats. 1991, Ch. 89, Sec. 109. )

    Verify source ↗

    A county that substantially changes how it allocates mental health funds must explain that the decision was based on the most cost-effective use of available resources to maximize client outcomes, and give that documentation to the department.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 2. The County Performance Contract [5650 - 5667] ( Heading of Chapter 2 amended by Stats. 1991, Ch. 89, Sec. 109. ) ## 5665. After the development of performance outcome measures pursuant to Section 5610, whenever a county makes a substantial change in its allocation of mental health funds among services, facilities, programs, and providers, it shall, at a regularly scheduled public hearing of the board of supervisors, document that it based its decision on the most cost-effective use of available resources to maximize overall client outcomes, and provide this documentation to the department. (Added by Stats. 1991, Ch. 89, Sec. 131. Effective June 30, 1991.)
  54. 5667.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 2. The County Performance Contract [5650 - 5667] ( Heading of Chapter 2 amended by Stats. 1991, Ch. 89, Sec. 109. )

    Verify source ↗

    A community mental health center is treated as a licensed facility for all purposes covered by this section, including the Health and Safety Code and the Insurance 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 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 2. The County Performance Contract [5650 - 5667] ( Heading of Chapter 2 amended by Stats. 1991, Ch. 89, Sec. 109. ) ## 5667. (a) A community mental health center shall be considered to be a licensed facility for all purposes, including all provisions of the Health and Safety Code and the Insurance Code. (b) For purposes of this section, “community mental health center” means any entity that is one of the following: (1) A city or county mental health program. (2) A facility funded under the federal Community Mental Health Centers Act, contained in Subchapter 3 (commencing with Section 2681) of Chapter 33 of Title 42 of the United States Code. (3) A nonprofit agency that has a contract with a county mental health program to provide both of the following: (A) A comprehensive program of mental health services in an outpatient setting designed to improve the function of persons with diagnosed mental health problems pursuant to procedures governing all aspects of the program formulated with the aid of multidisciplinary staff, including physicians and surgeons, all of whom serve on quality assurance and utilization review committees. (B) Diagnostic and therapeutic services for individuals with diagnosed mental health problems, together with related counseling. (Amended by Stats. 1995, Ch. 712, Sec. 2. Effective January 1, 1996.)
  55. 5670.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 2.5. Program Initiatives [5670 - 5698] ( Chapter 2.5 repealed and added by Stats. 1991, Ch. 89, Sec. 134. ) ## ARTICLE 1. Community Residential Treatment System [5670 - 5676.5] ( Article 1 added by Stats. 1991, Ch. 89, Sec. 134. )

    Verify source ↗

    The Legislature says counties may implement a community residential treatment system, using county allocations or new funds when 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 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 2.5. Program Initiatives [5670 - 5698] ( Chapter 2.5 repealed and added by Stats. 1991, Ch. 89, Sec. 134. ) ## ARTICLE 1. Community Residential Treatment System [5670 - 5676.5] ( Article 1 added by Stats. 1991, Ch. 89, Sec. 134. ) ## 5670. (a) It is the intent of the Legislature to encourage the development of a system of residential treatment programs in every county which provides a range of alternatives to institutional care based on principles of residential, community-based treatment. (b) It is further the intent of the Legislature that community residential mental health programs in the State of California be developed in accordance with the guidelines and principles set forth in this chapter. To this end, counties may implement the community residential treatment system described in this chapter either with available county allocations, or as new moneys become available. (Added by Stats. 1991, Ch. 89, Sec. 134. Effective June 30, 1991.)
  56. 5670.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 2.5. Program Initiatives [5670 - 5698] ( Chapter 2.5 repealed and added by Stats. 1991, Ch. 89, Sec. 134. ) ## ARTICLE 1. Community Residential Treatment System [5670 - 5676.5] ( Article 1 added by Stats. 1991, Ch. 89, Sec. 134. )

    Verify source ↗

    This section lists criteria for community residential treatment system programs, covering facilities, staffing, program design, and coordination.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 2.5. Program Initiatives [5670 - 5698] ( Chapter 2.5 repealed and added by Stats. 1991, Ch. 89, Sec. 134. ) ## ARTICLE 1. Community Residential Treatment System [5670 - 5676.5] ( Article 1 added by Stats. 1991, Ch. 89, Sec. 134. ) ## 5670.5. Criteria for community residential treatment system programs are as follows: (a) Facilities: (1) Settings, whether residential or day, should be as close to a normal home environment as possible without sacrificing client safety or care. (2) Residential treatment centers should be relatively small, preferably 15 beds or less, but in any case with the appearance of a noninstitutional setting. (3) The individual elements of the system should, where possible, be in separate facilities, and not part of one large facility attempting to serve an entire range of clients. (b) Staffing patterns: (1) Staffing patterns should reflect, to the maximum extent feasible, at all levels, the cultural, linguistic, ethnic, sexual and other social characteristics of the community the facility serves. (2) The programs should be designed to use appropriate multidisciplinary professional consultation and staff to meet the specific diagnostic and treatment needs of the clients. (3) The programs should use paraprofessionals and persons who have been consumers of mental health services where appropriate. (c) Programs: (1) The programs should, to the maximum extent feasible, be designed so as to reduce the dependence on medications as a sole treatment tool. Programs in which prescriptions for medication are a component of the program should be subject to the medications-monitoring. (2) The programs should have a rehabilitation focus which encourages the client to develop the skills to become self-sufficient and capable of increasing levels of independent functioning. Where appropriate, they should include prevocational and vocational programs. (3) The program should encourage the participation of the clients in the daily operation of the setting in development of treatment and rehabilitation planning and evaluation. (4) Participation in any element of the system should not preclude the involvement of clients in individual therapy. Individual therapists of clients should, where possible, be directly involved in the development and implementation of a treatment plan, including medication and day program decisions. (d) Coordination: The programs should demonstrate specific linkages with one another, and with the general treatment and social service system, as a whole. These connections should not be limited to the mental health system, but should include, whenever possible, community resources utilized by the general population. (Added by Stats. 1991, Ch. 89, Sec. 134. Effective June 30, 1991.)
  57. 5671.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 2.5. Program Initiatives [5670 - 5698] ( Chapter 2.5 repealed and added by Stats. 1991, Ch. 89, Sec. 134. ) ## ARTICLE 1. Community Residential Treatment System [5670 - 5676.5] ( Article 1 added by Stats. 1991, Ch. 89, Sec. 134. )

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    This section lists types of community residential treatment programs and says they should provide alternatives to institutional 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 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 2.5. Program Initiatives [5670 - 5698] ( Chapter 2.5 repealed and added by Stats. 1991, Ch. 89, Sec. 134. ) ## ARTICLE 1. Community Residential Treatment System [5670 - 5676.5] ( Article 1 added by Stats. 1991, Ch. 89, Sec. 134. ) ## 5671. The following should be the programs in the community residential treatment system. These programs should be designed to provide, at every level, alternatives to institutional settings. (a) A program for a short-term crisis residential alternative to hospitalization for individuals experiencing an acute episode or crisis requiring temporary removal from their home environment. The program should be available for admissions 24 hours a day, seven days a week. The primary focus of this program should be on reduction of the crisis, on stabilization, and on a diagnostic assessment of the person’s existing support system, including recommendations for referrals upon discharge. The services in the program should include, but not be limited to, provision for direct family work, connections to prevocational and vocational programs, and development of a support system, including income and treatment referrals. This program should be designed for persons who would otherwise be referred to an inpatient unit, either locally or in the state hospital. This program should place an emphasis on stabilization and appropriate referral for further treatment or support services, or both. (b) A long-term residential treatment program, with a full day treatment component as a part of the program, for persons who may require intensive support for as long as two or three years. This program should be designed to provide a rehabilitation program for the so-called “chronic” patient who needs long-term support in order to develop independent living skills. The clients in this program should be those who would otherwise be living marginally in the community with little or no service support, and who would return many times to the hospital for treatment. It should also serve those who are referred to, and maintained in, state hospitals or nursing homes because they require long-term, intensive support. This program should go beyond maintenance to provide an active rehabilitation focus for these individuals. The services in this program should include, but not be limited to, intensive diagnostic work, including learning disability assessment, full day treatment program with an active prevocational and vocational component, special education services, outreach to develop linkages with the general social service system, and counseling to aid clients in developing the skills to move toward a less structured setting. (c) A transitional residential program designed for persons who are able to take part in programs in the general community, but who, without the support of counseling, as well as the therapeutic community, would be at risk of returning to the hospital. This program may employ a variety of staffing patterns and should be for persons who may be expected to move toward a more independent living setting within approximately three months to one year. The clients should be expected to play a major role in the functioning of the household, and shall be encouraged to accept increasing levels of responsibility, both in the residential community, and in the community as a whole. Residents should be required to be involved in daytime activities outside of the house which are relevant to their personal goals and conducive to their achieving more self-sufficiency. The services in this program should include, but are not limited to, counseling and ongoing assessment, development of support systems in the community, a day program which encourages interaction between clients and the community-at-large, and an activity program that encourages socialization and utilization of general community resources. (d) A program for semisupervised, independent, but structured living arrangement for persons who do not need the intensive support of the other system programs, but who, without some support and structure, are at risk to return to a condition requiring hospitalization. The individual apartments or houses should be shared by three to five persons. These small cooperative housing units should function as independent households with direct linkages to staff support in case of emergencies, as well as for regular assessment and evaluation meetings. Individuals may use satellite housing as a transition to independent living, or may remain in this setting indefinitely in order to avoid the need for more intensive settings. This program should be for persons who only need minimum support in order to live in the community. These individuals may require rent subsidy, as well as the backup of another system, in order to remain in this setting. The satellite units should be as normative as the general living arrangements in the communities in which they are developed. (e) A program to provide emergency housing or respite care services, or both. These services should be designed for persons with a mental disability in need of temporary housing, but who do not require hospitalization or the more intensive support and treatment of the crisis residential program. Services provided should include, but not be limited to, advocacy, counseling, and linkages to community mental health and other human services, including referrals to vocational and housing opportunities. (f) A day rehabilitation program which should be designed to provide structured education, training, and support services to promote the development of independent living skills and community support. Services provided should include, but not be limited to, peer support, education services, prevocational and employment services, recreational and social activities, service brokerage and advocacy, orientation to community resources, training in independent living skills, health education including medication education, individual and group counseling, education and counseling services for family members, and crisis intervention. (g) The program for socialization centers should be designed to serve a broad range of clients, including those in the system programs, when appropriate, as well as persons living in the community in general. This program should be designed to provide regular daytime, evening, and weekend activities for persons who require long-term, structured support, but who do not receive such services in their living setting. Although the socialization center is meant to provide a maintenance support program for those individuals who only wish or require regular socialization opportunities, the programs should also provide the opportunity to develop the skills to move toward more independent functioning. The services in this program should include, but not be limited to, outings, recreational activities, cultural events, linkages to community resources, as well as prevocational counseling, life skills training, and other rehabilitation efforts. This program should be for persons who would lose contact with a social or treatment system, or both, if left to their isolated living situation, or their ability to participate in activities for the “general public.” With this level of support, persons would be able to lead full and active lives, with the opportunity to develop the skills to move toward independent living. Also included in the program should be adult education support programs which utilize community college and other adult education agencies. These services would provide opportunities to individuals throughout the community residential treatment system and in other living settings, including independent living, to develop skills necessary for independent living through the utilization of resources available to the general population. (h) An in-home treatment program designed as an alternative to out-of-home placement for individuals who are otherwise not appropriate for, or do not choose to participate in, other elements of the community residential treatment system. This program should be designed for those individuals who would benefit most from a treatment intervention in their home environment. It is a basic premise of this element that treatment should focus on the development of family and other personal and community supports, rather than exclusively on the individual. The goal of the program should be to reintegrate the individual with the family unit, when appropriate, and with the greater community without removing the person from his or her home environment. The service may be designed as a crisis intervention for persons experiencing an acute episode or an ongoing independent living service, or both, for persons wishing to obtain or maintain housing and services in the community. Services provided should include, but not be limited to, crisis intervention, family work, when appropriate, development of a specific treatment plan, development of an ongoing rehabilitation plan utilizing available resources in the community, and coordination with such services as case management, vocational rehabilitation, schools and other education services, and various special programs which would act as a support system for the individual. (i) A volunteer-based companion program designed to encourage the development of personal relationships with residents of community care facilities with the goal of motivating and assisting residents to make a successful transition to independent living, or to programs of the community residential treatment system. The service should be provided primarily by volunteers, including students as a part of a college or university curriculum, who are supervised and coordinated by trained and experienced personnel. Services provided should include, but not be limited to, recreation, one-to-one companionship, advocacy, and assistance in developing the knowledge and use of community resources, including housing and vocational services, and follow up for persons who make the transition to independent living. (Added by Stats. 1991, Ch. 89, Sec. 134. Effective June 30, 1991.)
  58. 5671.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 2.5. Program Initiatives [5670 - 5698] ( Chapter 2.5 repealed and added by Stats. 1991, Ch. 89, Sec. 134. ) ## ARTICLE 1. Community Residential Treatment System [5670 - 5676.5] ( Article 1 added by Stats. 1991, Ch. 89, Sec. 134. )

    Verify source ↗

    The Legislature states that programs for children and adolescents should be established 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 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 2.5. Program Initiatives [5670 - 5698] ( Chapter 2.5 repealed and added by Stats. 1991, Ch. 89, Sec. 134. ) ## ARTICLE 1. Community Residential Treatment System [5670 - 5676.5] ( Article 1 added by Stats. 1991, Ch. 89, Sec. 134. ) ## 5671.5. It is the intent of the Legislature that programs serving children and adolescents should be established under this chapter. Such programs should follow the guidelines and principles set forth in this chapter and in addition should meet the following criteria unique to the population to be served: (a) The programs should, to the maximum extent feasible, be designed so as to reduce the disruption and promote the reintegration of the family unit of which the child is a part. (b) The programs should have an education focus and should demonstrate specific linkage with community education resources. (c) The programs should contain a specific followup component. (Added by Stats. 1991, Ch. 89, Sec. 134. Effective June 30, 1991.)
  59. 5672.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 2.5. Program Initiatives [5670 - 5698] ( Chapter 2.5 repealed and added by Stats. 1991, Ch. 89, Sec. 134. ) ## ARTICLE 1. Community Residential Treatment System [5670 - 5676.5] ( Article 1 added by Stats. 1991, Ch. 89, Sec. 134. )

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    This section describes the types of programs that may serve children and adolescents referred under Section 5671.5, and says the section does not waive licensing requirements for community care 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 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 2.5. Program Initiatives [5670 - 5698] ( Chapter 2.5 repealed and added by Stats. 1991, Ch. 89, Sec. 134. ) ## ARTICLE 1. Community Residential Treatment System [5670 - 5676.5] ( Article 1 added by Stats. 1991, Ch. 89, Sec. 134. ) ## 5672. The types of programs serving children and adolescents referred to in Section 5671.5 are those described in this section. The programs should meet the criteria set forth in this section and in Sections 5671 and 5671.5. Nothing in this section should be construed to waive any licensure requirement pursuant to the California Community Care Facilities Act (Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code) for any community care facility. (a) A program for a short-term crisis residential alternative to hospitalization. The services in this program should include, but not be limited to, provision of direct services to the family, specific linkages with the child’s educational system and community educational resources, and development of a support system, including school and treatment referrals. The program should be designed for children and adolescents who would otherwise be referred to a psychiatric inpatient unit. It should be a 24-hour program, with an emphasis on stabilization and appropriate referral for further treatment or support services. (b) A long-term residential treatment program. This program should have an educational orientation and should reflect the principle that education be available in the least restrictive environment. The program should serve children and adolescents requiring an intensive support system for a period of six to 18 months, who would otherwise be at risk of periodic hospitalization. The program should provide coordinated intervention with the child, family unit, and community education resources, and should include aftercare services to the child and family unit to solidify gains and develop skills in linking with community services. (c) A transitional residential program. This program may include group homes, foster homes, or homes adapted for preparing adolescents approaching majority to adjust to emancipation. The services in this program should include, but not be limited to, coordination with community education resources to meet the child’s individual need, family services designed to strengthen the family unity of which the child is a part, and aftercare services to reinforce the gains brought about by the program and assist in community adjustment. (d) A program for a semisupervised, independent but structured living arrangement. This program should apply to older adolescents, who are either emancipated or who would not be returning home from out-of-home placement. The semisupervised living arrangement should require structured living designed to impart those skills necessary for successful independent living as described in subdivision (d) of Section 5671. Adult supervision should be available 24 hours per day. The services should include, but not be limited to, prevocational and vocational linkages in the community, financial planning which may include rent subsidy assistance, and development of a social support system. (e) (1) A day treatment program. This program should provide services to children and adolescents who are residing in their own homes or in out-of-home placements. Schoolsites or other noninstitutional settings are preferred for this program. A day treatment program for children should offer a multidisciplinary approach and should incorporate education, recreation, and rehabilitation activities. Services provided should be age appropriate and age specific intensive remedial programs, including education, counseling, socialization, and recreational services. To the extent feasible, the client’s family should be included in these activities. (2) Day treatment services should be designed to provide an alternative to residential placement, to provide preventive services in the early stages of family breakdown, and to reduce the need for more costly and lengthy treatment services. Aftercare services should be available to maintain gains and prevent family regression. (f) A socialization center program. This program should provide a multidisciplinary approach and seek funding from a variety of agencies responsible for providing services, including, but not limited to, school districts and recreation departments. The services should promote community acceptance of clients and the integration of their family units. Family involvement in planning activities and developing support system linkages should be encouraged. (g) An in-home treatment program. This program should be designed to strengthen the child’s ties with the family unit and with the greater community without removing the child from his or her home environment and community educational system. Services provided should include, but not be limited to, crisis intervention, direct family services, development of specific treatment plans, development of ongoing plans utilizing available resources in the community educational system, and special programs which act as a support system for the child and family unit. (h) Augmentation of crisis intervention program. This program should provide specifically for evaluation, diagnosis, and disposition planning for children and adolescents in psychiatric crisis. (i) Case management services program. This program should emphasize prevention services and should be designed to divert to noninstitutional programs children and adolescents at risk of involvement with traditional mental health institutions. (Amended by Stats. 1991, Ch. 611, Sec. 47. Effective October 7, 1991.)
  60. 5675.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 2.5. Program Initiatives [5670 - 5698] ( Chapter 2.5 repealed and added by Stats. 1991, Ch. 89, Sec. 134. ) ## ARTICLE 1. Community Residential Treatment System [5670 - 5676.5] ( Article 1 added by Stats. 1991, Ch. 89, Sec. 134. )

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    Mental health rehabilitation centers can be licensed only by the State Department of Health Care Services, and the department must inspect them every year.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 2.5. Program Initiatives [5670 - 5698] ( Chapter 2.5 repealed and added by Stats. 1991, Ch. 89, Sec. 134. ) ## ARTICLE 1. Community Residential Treatment System [5670 - 5676.5] ( Article 1 added by Stats. 1991, Ch. 89, Sec. 134. ) ## 5675. (a) (1) Mental health rehabilitation centers shall only be licensed by the State Department of Health Care Services subsequent to application by counties, county contract providers, or other organizations. (2) In the application for a mental health rehabilitation center, program evaluation measures shall include, but not be limited to, all of the following: (A) That the clients placed in the facilities show improved global assessment scores as measured by preadmission and postadmission tests. (B) That the clients placed in the facilities demonstrate improved functional behavior as measured by preadmission and postadmission tests. (C) That the clients placed in the facilities have reduced medication levels as determined by comparison of preadmission and postadmission records. (b) The State Department of Health Care Services shall conduct annual licensing inspections of mental health rehabilitation centers. (c) (1) All regulations relating to the licensing of mental health rehabilitation centers, heretofore adopted by the State Department of Mental Health, or its successor, shall remain in effect and shall be fully enforceable by the State Department of Health Care Services with respect to any facility or program required to be licensed as a mental health rehabilitation center, unless and until readopted, amended, or repealed by the Director of Health Care Services. (2) 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, and its successor, if any, as they relate to licensing mental health rehabilitation centers. The State Department of Health Care Services may adopt, amend, or repeal regulations regarding the licensing of mental health rehabilitation centers. (d) (1) Notwithstanding subdivision (c), pursuant to Section 5963.05, the State Department of Health Care Services may develop and revise documentation standards for individual service plans to be consistent with the standards developed pursuant to paragraph (3) of subdivision (h) of Section 14184.402. (2) The department shall require mental health rehabilitation centers to implement these documentation standards and shall conduct annual licensing inspections and investigations to determine compliance with these standards. (Amended by Stats. 2024, Ch. 644, Sec. 8. (SB 1238) Effective January 1, 2025.)
  61. 5675.05.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 2.5. Program Initiatives [5670 - 5698] ( Chapter 2.5 repealed and added by Stats. 1991, Ch. 89, Sec. 134. ) ## ARTICLE 1. Community Residential Treatment System [5670 - 5676.5] ( Article 1 added by Stats. 1991, Ch. 89, Sec. 134. )

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    A mental health rehabilitation center may admit clients with only a severe substance use disorder if it meets specified designation, approval, referral, MAT policy, and involuntary-admission 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 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 2.5. Program Initiatives [5670 - 5698] ( Chapter 2.5 repealed and added by Stats. 1991, Ch. 89, Sec. 134. ) ## ARTICLE 1. Community Residential Treatment System [5670 - 5676.5] ( Article 1 added by Stats. 1991, Ch. 89, Sec. 134. ) ## 5675.05. (a) A mental health rehabilitation center may admit clients diagnosed only with a severe substance use disorder, as defined in subdivision (o) of Section 5008, under the following conditions: (1) The mental health rehabilitation center obtains and maintains at least one level of care designation from the State Department of Health Care Services or at least one level of care certification from the American Society of Addiction Medicine consistent with all program services it offers for the treatment of severe substance use disorder. (2) The State Department of Health Care Services approves the mental health rehabilitation center’s policies and procedures for providing substance use disorder services. (3) The mental health rehabilitation center admits these clients involuntarily pursuant to Part 1 (commencing with Section 5000). (4) The mental health rehabilitation center either offers medications for addiction treatment (MAT) or has an effective referral process in place with narcotic treatment programs, community health centers, or other MAT providers. An effective referral process shall include an established relationship with a MAT provider and transportation to appointments for MAT. (5) The mental health rehabilitation center implements and maintains a MAT policy approved by the State Department of Health Care Services. The MAT policy shall do all of the following: (A) Explain how a client receives information about the benefits and risks of MAT. (B) Describe the availability of MAT at the program, if applicable, or the referral process for MAT. (C) Identify an evidence-based assessment for determining a client’s MAT needs. (D) Address administration, storage, and disposal of MAT, if applicable. (E) Outline training for staff about the benefits and risks of MAT. (F) Outline training for staff on the MAT policy. (b) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department may implement, interpret, or make specific this section, in whole or in part, by means of plan or county letters, information notices, plan or provider bulletins, or other similar instructions, until the time regulations are adopted no later than December 31, 2027. (Added by Stats. 2024, Ch. 644, Sec. 9. (SB 1238) Effective January 1, 2025.)
  62. 5675.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 2.5. Program Initiatives [5670 - 5698] ( Chapter 2.5 repealed and added by Stats. 1991, Ch. 89, Sec. 134. ) ## ARTICLE 1. Community Residential Treatment System [5670 - 5676.5] ( Article 1 added by Stats. 1991, Ch. 89, Sec. 134. )

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    The department may create a civil sanctions system for certain long-term care facilities, and the director may impose corrective actions or suspension when a facility substantially fails to comply with applicable laws and regulations.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 2.5. Program Initiatives [5670 - 5698] ( Chapter 2.5 repealed and added by Stats. 1991, Ch. 89, Sec. 134. ) ## ARTICLE 1. Community Residential Treatment System [5670 - 5676.5] ( Article 1 added by Stats. 1991, Ch. 89, Sec. 134. ) ## 5675.1. (a) In accordance with subdivision (b), the State Department of Health Care Services may establish a system for the imposition of prompt and effective civil sanctions for long-term care facilities licensed or certified by the department, including facilities licensed under the provisions of Sections 5675 and 5768, and including facilities certified as providing a special treatment program under Sections 72443 to 72475, inclusive, of Title 22 of the California Code of Regulations. (b) If the department determines that there is or has been a failure, in a substantial manner, on the part of any such facility to comply with the applicable laws and regulations, the director may impose the following sanctions: (1) A plan of corrective action that addresses all failure identified by the department and includes timelines for correction. (2) A facility that is issued a plan of corrective action, and that fails to comply with the plan and repeats the deficiency, may be subject to immediate suspension of its license or certification, until the deficiency is corrected, when failure to comply with the plan of correction may cause a health or safety risk to residents. (c) The department may also establish procedures for the appeal of an administrative action taken pursuant to this section, including a plan of corrective action or a suspension of license or certification. (Amended by Stats. 2013, Ch. 23, Sec. 44. (AB 82) Effective June 27, 2013.)
  63. 5675.2.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 2.5. Program Initiatives [5670 - 5698] ( Chapter 2.5 repealed and added by Stats. 1991, Ch. 89, Sec. 134. ) ## ARTICLE 1. Community Residential Treatment System [5670 - 5676.5] ( Article 1 added by Stats. 1991, Ch. 89, Sec. 134. )

    Verify source ↗

    This section creates a fund, requires license and renewal fees for mental health rehabilitation centers, limits those fees to actual licensure and regulation costs, and sets renewal timing and license expiration rules.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 2.5. Program Initiatives [5670 - 5698] ( Chapter 2.5 repealed and added by Stats. 1991, Ch. 89, Sec. 134. ) ## ARTICLE 1. Community Residential Treatment System [5670 - 5676.5] ( Article 1 added by Stats. 1991, Ch. 89, Sec. 134. ) ## 5675.2. (a) There is hereby created in the State Treasury the Mental Health Facility Licensing Fund, from which money, upon appropriation by the Legislature in the Budget Act, shall be expended by the State Department of Health Care Services to fund administrative and other activities in support of the mental health licensing and certification functions of the State Department of Health Care Services. The Mental Health Facility Licensing Fund is the successor to the Licensing and Certification Fund, Mental Health, which fund is hereby abolished. All references in any law to the Licensing and Certification Fund, Mental Health shall be deemed to refer to the Mental Health Facility Licensing Fund. (b) Commencing January 1, 2005, each new and renewal application for a license to operate a mental health rehabilitation center shall be accompanied by an application or renewal fee. (c) The amount of the fees shall be determined and collected by the State Department of Health Care Services, but the total amount of the fees collected shall not exceed the actual costs of licensure and regulation of the centers, including, but not limited to, the costs of processing the application, inspection costs, and other related costs. (d) Each license or renewal issued pursuant to this chapter shall expire 12 months from the date of issuance. Application for renewal of the license shall be accompanied by the necessary fee and shall be filed with the department at least 30 days prior to the expiration date. Failure to file a timely renewal may result in expiration of the license. (e) License and renewal fees collected pursuant to this section shall be deposited into the Mental Health Facility Licensing Fund. (f) Fees collected by the State Department of Health Care Services pursuant to this section shall be expended by the State Department of Health Care Services for the purpose of ensuring the health and safety of all individuals providing care and supervision by licensees and to support activities of the department, including, but not limited to, monitoring facilities for compliance with applicable laws and regulations. (g) The State Department of Health Care Services may make additional charges to the facilities if additional visits are required to ensure that corrective action is taken by the licensee. (Amended by Stats. 2013, Ch. 23, Sec. 45. (AB 82) Effective June 27, 2013.)
  64. 5676.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 2.5. Program Initiatives [5670 - 5698] ( Chapter 2.5 repealed and added by Stats. 1991, Ch. 89, Sec. 134. ) ## ARTICLE 1. Community Residential Treatment System [5670 - 5676.5] ( Article 1 added by Stats. 1991, Ch. 89, Sec. 134. )

    Verify source ↗

    The State Department of Health Care Services and the State Department of Public Health must develop a state-level plan for reviewing skilled nursing facilities with special treatment programs, and the plan must be submitted to the Legislature by March 1, 2001.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 2.5. Program Initiatives [5670 - 5698] ( Chapter 2.5 repealed and added by Stats. 1991, Ch. 89, Sec. 134. ) ## ARTICLE 1. Community Residential Treatment System [5670 - 5676.5] ( Article 1 added by Stats. 1991, Ch. 89, Sec. 134. ) ## 5676. (a) The State Department of Health Care Services, in conjunction with the State Department of Public Health, shall develop a state-level plan for a streamlined and consolidated evaluation and monitoring program for the review of skilled nursing facilities with special treatment programs. The plan shall provide for consolidated reviews, reports, and penalties for these facilities. The plan shall include the cost of, and a timeline for implementing, the plan. The plan shall be developed in consultation with stakeholders, including county mental health programs, consumers, family members of persons residing in long-term care facilities who have serious mental illness, and long-term care providers. The plan shall review resident safety and quality programming, ensure that long-term care facilities engaged primarily in diagnosis, treatment, and care of persons with mental diseases are available and appropriately evaluated, and ensure that strong linkages are built to local communities and other treatment resources for residents and their families. The plan shall be submitted to the Legislature on or before March 1, 2001. (b) The State Department of Public Health shall forward to the State Department of Health Care Services copies of citations issued to a skilled nursing facility that has a special treatment program certified by the State Department of Health Care Services. (Amended by Stats. 2012, Ch. 34, Sec. 135. (SB 1009) Effective June 27, 2012.)
  65. 5676.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 2.5. Program Initiatives [5670 - 5698] ( Chapter 2.5 repealed and added by Stats. 1991, Ch. 89, Sec. 134. ) ## ARTICLE 1. Community Residential Treatment System [5670 - 5676.5] ( Article 1 added by Stats. 1991, Ch. 89, Sec. 134. )

    Verify source ↗

    Counties seeking mental health funds must explain how the money will fit into the existing system and not replace current spending, and applications must include service plans, collaboration details, outcome reporting, and, when appropriate, a continuation plan.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 2.5. Program Initiatives [5670 - 5698] ( Chapter 2.5 repealed and added by Stats. 1991, Ch. 89, Sec. 134. ) ## ARTICLE 1. Community Residential Treatment System [5670 - 5676.5] ( Article 1 added by Stats. 1991, Ch. 89, Sec. 134. ) ## 5676.5. (a) It is the intent of the Legislature to ensure that funds allocated to establish or enhance mental health programs are used to integrate the new or enhanced program into an existing system of care. (b) Counties that apply for funds to establish or enhance their mental health service system shall document, in the application process, how the new funds blend into an existing system of care and do not supplant existing expenditures. (c) Applications shall include plans for services and supports, and shall specify how the new or enhanced program blends into an existing array of services. Applications shall demonstrate how a collaborative process involving clients, family members, and other system stakeholders was used to develop the proposal. (d) Applications shall include a commitment to outcome reporting, as defined by the department, including client benefit outcomes, client and family member satisfaction, system of care access, cost savings, cost avoidance, and cost effectiveness outcomes that measure both short- and long-term cost savings. (e) Applications shall demonstrate, when appropriate, how the county intends to continue the new or enhanced program when the grant funds have ended. (Added by Stats. 2000, Ch. 93, Sec. 57. Effective July 7, 2000.)
  66. 5680.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 2.5. Program Initiatives [5670 - 5698] ( Chapter 2.5 repealed and added by Stats. 1991, Ch. 89, Sec. 134. ) ## ARTICLE 2. Community Support System for Persons Who are Homeless with a Mental Health Disability [5680 - 5688.6] ( Heading of Article 2 amended by Stats. 2024, Ch. 948, Sec. 22. )

    Verify source ↗

    The Legislature establishes a Community Support System to help people who are homeless and have a mental health disability secure, stabilize, and maintain safe and adequate community living arrangements.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 2.5. Program Initiatives [5670 - 5698] ( Chapter 2.5 repealed and added by Stats. 1991, Ch. 89, Sec. 134. ) ## ARTICLE 2. Community Support System for Persons Who are Homeless with a Mental Health Disability [5680 - 5688.6] ( Heading of Article 2 amended by Stats. 2024, Ch. 948, Sec. 22. ) ## 5680. To assist persons who are homeless with a mental health disability to secure, stabilize, and maintain safe and adequate living arrangements in the community, the Legislature hereby establishes the Community Support System for Persons who are Homeless with a Mental Health Disability. (Amended by Stats. 2024, Ch. 948, Sec. 23. (AB 2119) Effective January 1, 2025.)
  67. 5681.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 2.5. Program Initiatives [5670 - 5698] ( Chapter 2.5 repealed and added by Stats. 1991, Ch. 89, Sec. 134. ) ## ARTICLE 2. Community Support System for Persons Who are Homeless with a Mental Health Disability [5680 - 5688.6] ( Heading of Article 2 amended by Stats. 2024, Ch. 948, Sec. 22. )

    Verify source ↗

    The Legislature says counties should provide long-range services and community support assistance to homeless people with a mental health disability, and to people at risk of homelessness, when funds are available.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 2.5. Program Initiatives [5670 - 5698] ( Chapter 2.5 repealed and added by Stats. 1991, Ch. 89, Sec. 134. ) ## ARTICLE 2. Community Support System for Persons Who are Homeless with a Mental Health Disability [5680 - 5688.6] ( Heading of Article 2 amended by Stats. 2024, Ch. 948, Sec. 22. ) ## 5681. (a) It is the intent of the Legislature that, when funds are made available, counties should ensure the delivery of long-range services and community support assistance to persons who are homeless with a mental health disability and those at risk of becoming homeless. (b) It is further the intent of the Legislature that specific outreach and service priority be given under this chapter to persons who are homeless with a mental health disability not served by a local or state program as of September 30, 1985. (Amended by Stats. 2024, Ch. 948, Sec. 24. (AB 2119) Effective January 1, 2025.)
  68. 5682.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 2.5. Program Initiatives [5670 - 5698] ( Chapter 2.5 repealed and added by Stats. 1991, Ch. 89, Sec. 134. ) ## ARTICLE 2. Community Support System for Persons Who are Homeless with a Mental Health Disability [5680 - 5688.6] ( Heading of Article 2 amended by Stats. 2024, Ch. 948, Sec. 22. )

    Verify source ↗

    The community support system is meant to provide needed community services to people who are homeless with a mental health disability or at risk of homelessness, and those services are 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 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 2.5. Program Initiatives [5670 - 5698] ( Chapter 2.5 repealed and added by Stats. 1991, Ch. 89, Sec. 134. ) ## ARTICLE 2. Community Support System for Persons Who are Homeless with a Mental Health Disability [5680 - 5688.6] ( Heading of Article 2 amended by Stats. 2024, Ch. 948, Sec. 22. ) ## 5682. The goal of the community support system is to ensure that needed community services are provided to persons who are homeless with a mental health disability and those at risk of becoming homeless to stabilize, maintain, and enhance their living in the community. All services of the community support system are offered to these persons on a voluntary basis. The active participation of the clients being provided services is encouraged at all times. Programs are designed to be accessible to the clients intended to be served. No individual service offered should be contingent upon the acceptance of any other community support service or mental health treatment. (Amended by Stats. 2024, Ch. 948, Sec. 25. (AB 2119) Effective January 1, 2025.)
  69. 5683.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 2.5. Program Initiatives [5670 - 5698] ( Chapter 2.5 repealed and added by Stats. 1991, Ch. 89, Sec. 134. ) ## ARTICLE 2. Community Support System for Persons Who are Homeless with a Mental Health Disability [5680 - 5688.6] ( Heading of Article 2 amended by Stats. 2024, Ch. 948, Sec. 22. )

    Verify source ↗

    Community support systems must do outreach and provide support for people who are homeless and have a mental health 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 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 2.5. Program Initiatives [5670 - 5698] ( Chapter 2.5 repealed and added by Stats. 1991, Ch. 89, Sec. 134. ) ## ARTICLE 2. Community Support System for Persons Who are Homeless with a Mental Health Disability [5680 - 5688.6] ( Heading of Article 2 amended by Stats. 2024, Ch. 948, Sec. 22. ) ## 5683. The function of the community support system is to conduct active outreach to persons who are homeless with a mental health disability, to secure and maintain income, housing, food, and clothing for clients, and to develop social skills and prevocational and vocational skills on a voluntary basis. Each community support system is based upon the range of services as may be necessary to meet a client’s needs: (a) Personal assistance to secure and maintain housing, food, clothing, income, and health benefits. (b) Accessing social and vocational skill development activities when they are available, case management, and crisis intervention, with a focus on finding alternatives to acute inpatient hospital care, services when they are needed. (Amended by Stats. 2024, Ch. 948, Sec. 26. (AB 2119) Effective January 1, 2025.)
  70. 5683.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 2.5. Program Initiatives [5670 - 5698] ( Chapter 2.5 repealed and added by Stats. 1991, Ch. 89, Sec. 134. ) ## ARTICLE 2. Community Support System for Persons Who are Homeless with a Mental Health Disability [5680 - 5688.6] ( Heading of Article 2 amended by Stats. 2024, Ch. 948, Sec. 22. )

    Verify source ↗

    Community support systems may give homeless clients temporary funds for incidental living needs during residential placement, up to $75 per client each month. Local mental health programs must try to recoup those payments when clients later qualify for government assistance or otherwise can repay.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 2.5. Program Initiatives [5670 - 5698] ( Chapter 2.5 repealed and added by Stats. 1991, Ch. 89, Sec. 134. ) ## ARTICLE 2. Community Support System for Persons Who are Homeless with a Mental Health Disability [5680 - 5688.6] ( Heading of Article 2 amended by Stats. 2024, Ch. 948, Sec. 22. ) ## 5683.5. Community support systems may provide temporary funds to their homeless clients for their personal incidental living needs while the clients are in residential placement. Up to seventy-five dollars ($75) may be made available monthly to each client for this purpose. Local mental health programs shall, to the extent possible, recoup payments from clients after they become eligible for a governmental assistance program, including, but not limited to, general relief or SSI/SSP funds or otherwise become financially able to repay the county community support system. (Added by Stats. 1991, Ch. 611, Sec. 49. Effective October 7, 1991.)
  71. 5685.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 2.5. Program Initiatives [5670 - 5698] ( Chapter 2.5 repealed and added by Stats. 1991, Ch. 89, Sec. 134. ) ## ARTICLE 2. Community Support System for Persons Who are Homeless with a Mental Health Disability [5680 - 5688.6] ( Heading of Article 2 amended by Stats. 2024, Ch. 948, Sec. 22. )

    Verify source ↗

    Counties may provide services directly, contract with public or private agencies, or use both, and if they outsource community support functions they must give priority to qualified providers.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 2.5. Program Initiatives [5670 - 5698] ( Chapter 2.5 repealed and added by Stats. 1991, Ch. 89, Sec. 134. ) ## ARTICLE 2. Community Support System for Persons Who are Homeless with a Mental Health Disability [5680 - 5688.6] ( Heading of Article 2 amended by Stats. 2024, Ch. 948, Sec. 22. ) ## 5685. Counties may provide specific services, contract with a public or private agency, or a combination of both. Nothing contained in this article shall prevent a county from developing a consortium model which involves a number of providers performing specific functions. If a county decides to contract out a portion or all of the community support program functions, priority shall be given to providers, public or private, that have demonstrated an ability and desire to the county to work with the population intended to be served and which possess the management skills needed to perform the functions they propose to perform. (Added by Stats. 1991, Ch. 611, Sec. 49. Effective October 7, 1991.)
  72. 5685.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 2.5. Program Initiatives [5670 - 5698] ( Chapter 2.5 repealed and added by Stats. 1991, Ch. 89, Sec. 134. ) ## ARTICLE 2. Community Support System for Persons Who are Homeless with a Mental Health Disability [5680 - 5688.6] ( Heading of Article 2 amended by Stats. 2024, Ch. 948, Sec. 22. )

    Verify source ↗

    A county may contract with the local public guardian to manage income and benefits for people with a mental health condition, and the public guardian may provide related case management services if the client 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 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 2.5. Program Initiatives [5670 - 5698] ( Chapter 2.5 repealed and added by Stats. 1991, Ch. 89, Sec. 134. ) ## ARTICLE 2. Community Support System for Persons Who are Homeless with a Mental Health Disability [5680 - 5688.6] ( Heading of Article 2 amended by Stats. 2024, Ch. 948, Sec. 22. ) ## 5685.5. (a) A county may contract with the local office of the public guardian to receive and manage income and benefits for persons with a mental health condition, regardless of whether the persons are under conservatorship. The case management services described in this section shall be provided only with the consent of the client. The public guardian, under the contracts, may perform functions intended to meet the goals of the community support system listed in Section 5683, and may also include, but not be limited to, all of the following case management services: (1) Outreach and casefinding to locate persons with a mental health condition in need of services. (2) Establishing liaison with charitable organizations which serve persons with a mental health condition. (3) Assistance in applying for and obtaining public assistance benefits for which they are eligible. (b) Any office of the public guardian contracting with the county to provide these management services shall maintain a record of those individuals being assisted, including information about whether the individual is under conservatorship, the type of service assistance provided by the office of the public guardian, and any agency with which the office of the public guardian is coordinating efforts. (Amended by Stats. 2024, Ch. 948, Sec. 27. (AB 2119) Effective January 1, 2025.)
  73. 5686.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 2.5. Program Initiatives [5670 - 5698] ( Chapter 2.5 repealed and added by Stats. 1991, Ch. 89, Sec. 134. ) ## ARTICLE 2. Community Support System for Persons Who are Homeless with a Mental Health Disability [5680 - 5688.6] ( Heading of Article 2 amended by Stats. 2024, Ch. 948, Sec. 22. )

    Verify source ↗

    If a county thinks someone with a mental health disability may be unable to manage SSI/SSP funds, the county mental health program must advise the person about choosing a trusted family member, relative, or friend as representative payee.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 2.5. Program Initiatives [5670 - 5698] ( Chapter 2.5 repealed and added by Stats. 1991, Ch. 89, Sec. 134. ) ## ARTICLE 2. Community Support System for Persons Who are Homeless with a Mental Health Disability [5680 - 5688.6] ( Heading of Article 2 amended by Stats. 2024, Ch. 948, Sec. 22. ) ## 5686. If a county believes that a person with a mental health disability may be unable to manage their SSI/SSP funds, the county mental health program shall advise the person that they may have a trusted family member, relative, or friend designated as their representative payee under the SSI/SSP program. (Amended by Stats. 2024, Ch. 948, Sec. 28. (AB 2119) Effective January 1, 2025.)
  74. 5686.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 2.5. Program Initiatives [5670 - 5698] ( Chapter 2.5 repealed and added by Stats. 1991, Ch. 89, Sec. 134. ) ## ARTICLE 2. Community Support System for Persons Who are Homeless with a Mental Health Disability [5680 - 5688.6] ( Heading of Article 2 amended by Stats. 2024, Ch. 948, Sec. 22. )

    Verify source ↗

    Counties are encouraged to use existing community resources efficiently, a community support agency must help a client learn to manage money if the client asks, and managed SSI/SSP or other personal funds must be treated as the client’s money.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 2.5. Program Initiatives [5670 - 5698] ( Chapter 2.5 repealed and added by Stats. 1991, Ch. 89, Sec. 134. ) ## ARTICLE 2. Community Support System for Persons Who are Homeless with a Mental Health Disability [5680 - 5688.6] ( Heading of Article 2 amended by Stats. 2024, Ch. 948, Sec. 22. ) ## 5686.5. In order to make the most efficient use of the public funds appropriated for this purpose, counties are encouraged to maximize the use of existing public and private community resources. If voluntarily requested by the client, the community support agency shall help the client learn to manage his or her own money. Any SSI/SSP money, or other personal funds, if managed by the program or by the local office of the public guardian, shall, at all times, be considered as the client’s money. Nothing in this section, however, shall prevent a client from purchasing residential care with SSI/SSP funds. (Added by Stats. 1991, Ch. 611, Sec. 49. Effective October 7, 1991.)
  75. 5688.6.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 2.5. Program Initiatives [5670 - 5698] ( Chapter 2.5 repealed and added by Stats. 1991, Ch. 89, Sec. 134. ) ## ARTICLE 2. Community Support System for Persons Who are Homeless with a Mental Health Disability [5680 - 5688.6] ( Heading of Article 2 amended by Stats. 2024, Ch. 948, Sec. 22. )

    Verify source ↗

    Unused and unencumbered funds for persons who are homeless with a mental health disability must be transferred to the Department of Housing and Community Development 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 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 2.5. Program Initiatives [5670 - 5698] ( Chapter 2.5 repealed and added by Stats. 1991, Ch. 89, Sec. 134. ) ## ARTICLE 2. Community Support System for Persons Who are Homeless with a Mental Health Disability [5680 - 5688.6] ( Heading of Article 2 amended by Stats. 2024, Ch. 948, Sec. 22. ) ## 5688.6. All funds appropriated for persons who are homeless with a mental health disability that have been determined to be unexpended and unencumbered two years after the date the funds were appropriated shall be transferred to the Department of Housing and Community Development. The amount of transfer shall be determined after the State Department of Health Care Services settles county cost reports for the fiscal year the funds were appropriated. The funds transferred to the Department of Housing and Community Development shall be administered in accordance with that department’s Special Users Housing Rehabilitation or Emergency Shelter programs to provide low-income transitional and long-term housing for persons who are homeless with a mental health disability. Special priority shall be given to project proposals for persons who are homeless with a mental health disability in the same county from which the funds for the support of the community support system were originally allocated. (Amended by Stats. 2024, Ch. 948, Sec. 29. (AB 2119) Effective January 1, 2025.)
  76. 5690.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 2.5. Program Initiatives [5670 - 5698] ( Chapter 2.5 repealed and added by Stats. 1991, Ch. 89, Sec. 134. ) ## ARTICLE 3. Community Vocational Rehabilitation System [5690 - 5693.5] ( Heading of Article 3 renamed from Chapter 2.7 (and placed in Chapter 2.5) by Stats. 1991, Ch. 89, Sec. 156. )

    Verify source ↗

    The Legislature states its intent to encourage each county to establish community vocational rehabilitation and employment services for people with serious psychiatric disabilities.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 2.5. Program Initiatives [5670 - 5698] ( Chapter 2.5 repealed and added by Stats. 1991, Ch. 89, Sec. 134. ) ## ARTICLE 3. Community Vocational Rehabilitation System [5690 - 5693.5] ( Heading of Article 3 renamed from Chapter 2.7 (and placed in Chapter 2.5) by Stats. 1991, Ch. 89, Sec. 156. ) ## 5690. It is the intent of the Legislature to, encourage the establishment in each county of a system of community vocational rehabilitation and employment services, for persons with serious psychiatric disabilities. It is further the intent of the Legislature that there be a range of available services whenever possible in each county based on the principle that work is an essential element in the local mental health treatment and support system. (Amended by Stats. 1991, Ch. 89, Sec. 157. Effective June 30, 1991.)
  77. 5691.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 2.5. Program Initiatives [5670 - 5698] ( Chapter 2.5 repealed and added by Stats. 1991, Ch. 89, Sec. 134. ) ## ARTICLE 3. Community Vocational Rehabilitation System [5690 - 5693.5] ( Heading of Article 3 renamed from Chapter 2.7 (and placed in Chapter 2.5) by Stats. 1991, Ch. 89, Sec. 156. )

    Verify source ↗

    A county may implement the community vocational rehabilitation system, but it may not use the specified funds for services that could be funded by the Department of Rehabilitation.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 2.5. Program Initiatives [5670 - 5698] ( Chapter 2.5 repealed and added by Stats. 1991, Ch. 89, Sec. 134. ) ## ARTICLE 3. Community Vocational Rehabilitation System [5690 - 5693.5] ( Heading of Article 3 renamed from Chapter 2.7 (and placed in Chapter 2.5) by Stats. 1991, Ch. 89, Sec. 156. ) ## 5691. (a) A county may implement the community vocational rehabilitation system described in this chapter with existing county allocations, funds available from the Department of Rehabilitation and other state and federal agencies. (b) It is the intent of the Legislature that on an annual basis five hundred thousand dollars ($500,000), or 17 percent, whichever is less, of the total federal funds available to the State of California pursuant to Section 611 of the Stewart B. McKinney Homeless Assistance Act, Public Law 100-77 (42 U.S.C. Sec. 290aa) shall be used to fund services pursuant to this chapter for persons who are homeless with a mental disability and those at risk of becoming homeless who have been identified pursuant to Chapter 2.6 (commencing with Section 5680). Counties may not use these funds to provide services, including, but not limited to, vocational services, which could be funded by the Department of Rehabilitation. (Amended by Stats. 2024, Ch. 948, Sec. 30. (AB 2119) Effective January 1, 2025.)
  78. 5692.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 2.5. Program Initiatives [5670 - 5698] ( Chapter 2.5 repealed and added by Stats. 1991, Ch. 89, Sec. 134. ) ## ARTICLE 3. Community Vocational Rehabilitation System [5690 - 5693.5] ( Heading of Article 3 renamed from Chapter 2.7 (and placed in Chapter 2.5) by Stats. 1991, Ch. 89, Sec. 156. )

    Verify source ↗

    The State Department of Health Care Services must provide technical assistance, help maximize federal revenue, and coordinate with other state agencies, to the extent resources are available.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 2.5. Program Initiatives [5670 - 5698] ( Chapter 2.5 repealed and added by Stats. 1991, Ch. 89, Sec. 134. ) ## ARTICLE 3. Community Vocational Rehabilitation System [5690 - 5693.5] ( Heading of Article 3 renamed from Chapter 2.7 (and placed in Chapter 2.5) by Stats. 1991, Ch. 89, Sec. 156. ) ## 5692. The State Department of Health Care Services shall, to the extent resources are available, have responsibility for the provision of technical assistance, maximizing federal revenue, and ensuring coordination with other state agencies including implementing and coordinating interagency agreements between the Department of Rehabilitation and the State Department of Health Care Services. (Amended by Stats. 2012, Ch. 34, Sec. 138. (SB 1009) Effective June 27, 2012.)
  79. 5692.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 2.5. Program Initiatives [5670 - 5698] ( Chapter 2.5 repealed and added by Stats. 1991, Ch. 89, Sec. 134. ) ## ARTICLE 3. Community Vocational Rehabilitation System [5690 - 5693.5] ( Heading of Article 3 renamed from Chapter 2.7 (and placed in Chapter 2.5) by Stats. 1991, Ch. 89, Sec. 156. )

    Verify source ↗

    This section describes the types of programs in the community vocational rehabilitation system and what services they may or should provide.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 2.5. Program Initiatives [5670 - 5698] ( Chapter 2.5 repealed and added by Stats. 1991, Ch. 89, Sec. 134. ) ## ARTICLE 3. Community Vocational Rehabilitation System [5690 - 5693.5] ( Heading of Article 3 renamed from Chapter 2.7 (and placed in Chapter 2.5) by Stats. 1991, Ch. 89, Sec. 156. ) ## 5692.5. Programs that constitute the community vocational rehabilitation system are of the following types: (a) Prevocational programs should be, but are not limited to, components of day treatment programs, socialization and activity centers, board-and-care facilities, and skilled nursing-special treatment programs. Prevocational programs may use individual and group counseling, educational groups, volunteer service programs, and other modalities to emphasize to individuals the value of work and their right to employment. (b) Vocational programs providing linkage and coordination for the system and which provide the following: (1) Information, outreach, and referral services which provide ongoing liaison with assessment prevocational programs. (2) Intake and evaluation services which may use vocational testing and analysis of work history to identify vocational strengths, weaknesses, and needs. The assessment findings should be used by the client and the program to negotiate the goals and objectives of an individual vocational plan. (3) Work experience programs which consist of time-limited work opportunities that enable participants to develop work skills and establish a work history. These programs may include, but not be limited to, agency-operated businesses, work placements in the community, or other activities that provide a realistic work environment. (4) Individual and group counseling services which are separated from the work experience component; individual counseling to assist clients in resolving problems related to the work situation, to update and renegotiate the individual vocational plan, and to assist clients with nonwork-related problems that affect their participation in the program; group counseling to address Social Security Administration rules and regulations: the effects of medication on work performance, the relationship between work and mental health, attributes and attitudes necessary for successful employment, job-seeking skills, and other related topics. (5) Job development, placement, and referral services which assist clients in the following areas: obtaining competitive employment; admission to job training or education programs; referral to the Department of Rehabilitation; agency operated competitive employment programs; governmental and private sector affirmative action hiring programs for the disabled; or other specialized employment programs. If employment, training, or education programs are not suitable for a client, the client should be actively referred back to a prevocational program or other mental health program that best meets his or her current needs. (6) Support services which may include peer support groups and job clubs to assist clients in obtaining and maintaining employment; ongoing client counseling and placement followup; employer training, consultation, and placement followup services; and consultation services to prevocational programs. (7) The preferred method to deliver the vocational rehabilitation services described in this section is supported employment. (Added by renumbering Section 5693 by Stats. 1991, Ch. 89, Sec. 161. Effective June 30, 1991.)
  80. 5693.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 2.5. Program Initiatives [5670 - 5698] ( Chapter 2.5 repealed and added by Stats. 1991, Ch. 89, Sec. 134. ) ## ARTICLE 3. Community Vocational Rehabilitation System [5690 - 5693.5] ( Heading of Article 3 renamed from Chapter 2.7 (and placed in Chapter 2.5) by Stats. 1991, Ch. 89, Sec. 156. )

    Verify source ↗

    This section says community vocational rehabilitation systems should be developed around meaningful work, appropriate staffing, compliant facilities, and individualized 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 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 2.5. Program Initiatives [5670 - 5698] ( Chapter 2.5 repealed and added by Stats. 1991, Ch. 89, Sec. 134. ) ## ARTICLE 3. Community Vocational Rehabilitation System [5690 - 5693.5] ( Heading of Article 3 renamed from Chapter 2.7 (and placed in Chapter 2.5) by Stats. 1991, Ch. 89, Sec. 156. ) ## 5693. The following principles should guide development of community vocational rehabilitation systems: (a) Work: (1) Work should be meaningful, necessary, and have value to the individual performing it. (2) For individuals participating in vocational programs every effort should be made to pay them the minimum wage. However, in all cases, wages paid shall be in compliance with all relevant state and federal labor laws. (3) That work will result in the development of attributes that will enhance further employability. (b) Staff: (1) Staffing patterns at all levels should reflect the cultural, linguistic, ethnic, racial, disability, sexual, and other social characteristics of the community the program serves. (2) All participating programs should take affirmative action to encourage the application and employment of consumers and former consumers of the mental health system at all program levels. (3) Programs should be designed to use multidisciplinary professional consultation and staff to meet the specific needs of clients. (4) When operating a business enterprise, programs should employ individuals with the business, management, supervisorial, trade, and occupational skills necessary for successful operation. (5) Programs should, where appropriate, employ paraprofessionals. (6) Programs should develop and implement staff training and development plans for personnel at all levels. (c) Facilities: (1) The individual elements of the system should, where possible, be in separate facilities. (2) Facilities housing vocational and employment programs should be modeled on competitive businesses operating in the community. (3) Facilities shall be in compliance with all relevant state and federal safety, health, and accessibility regulations. (d) System: (1) Counties developing a community vocational rehabilitation system should utilize existing program resources to develop prevocational programs and a referral base for vocational programs. (2) Individual programs operate most effectively within the context of a complete system. Counties undertaking development of a community vocational rehabilitation system should commit themselves to the implementation of regionally integrated prevocational and vocational programs. (3) Rural counties, where appropriate, should be encouraged to develop intercounty systems, or to integrate their programs with programs serving other target populations. (4) The system should have the capacity to deliver services tailored to individual needs. If a program is found to be unsuitable for a client at a specific time, an explanation will be provided to the client and he or she shall be referred to a more suitable program and encouraged to reapply. The system should have policies designed to meet changing client needs and to work with individuals over time to develop their vocational potential. (Added by renumbering Section 5694 by Stats. 1991, Ch. 89, Sec. 162. Effective June 30, 1991.)
  81. 5693.2.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 2.5. Program Initiatives [5670 - 5698] ( Chapter 2.5 repealed and added by Stats. 1991, Ch. 89, Sec. 134. ) ## ARTICLE 3. Community Vocational Rehabilitation System [5690 - 5693.5] ( Heading of Article 3 renamed from Chapter 2.7 (and placed in Chapter 2.5) by Stats. 1991, Ch. 89, Sec. 156. )

    Verify source ↗

    Counties developing a community vocational rehabilitation system are encouraged to establish an advisory group.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 2.5. Program Initiatives [5670 - 5698] ( Chapter 2.5 repealed and added by Stats. 1991, Ch. 89, Sec. 134. ) ## ARTICLE 3. Community Vocational Rehabilitation System [5690 - 5693.5] ( Heading of Article 3 renamed from Chapter 2.7 (and placed in Chapter 2.5) by Stats. 1991, Ch. 89, Sec. 156. ) ## 5693.2. Counties undertaking development of a community vocational rehabilitation system are encouraged to establish an advisory group consisting of primary consumers, parents, representatives from the business community, and other individuals who may provide assistance in developing the system. (Added by renumbering Section 5695 (as added by Stats. 1985, Ch. 1286) by Stats. 1992, Ch. 1374, Sec. 33. Effective October 28, 1992.)
  82. 5693.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 2.5. Program Initiatives [5670 - 5698] ( Chapter 2.5 repealed and added by Stats. 1991, Ch. 89, Sec. 134. ) ## ARTICLE 3. Community Vocational Rehabilitation System [5690 - 5693.5] ( Heading of Article 3 renamed from Chapter 2.7 (and placed in Chapter 2.5) by Stats. 1991, Ch. 89, Sec. 156. )

    Verify source ↗

    The director must provide technical assistance to counties developing a community vocational rehabilitation system.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 2.5. Program Initiatives [5670 - 5698] ( Chapter 2.5 repealed and added by Stats. 1991, Ch. 89, Sec. 134. ) ## ARTICLE 3. Community Vocational Rehabilitation System [5690 - 5693.5] ( Heading of Article 3 renamed from Chapter 2.7 (and placed in Chapter 2.5) by Stats. 1991, Ch. 89, Sec. 156. ) ## 5693.5. The director shall provide technical assistance to those counties developing a community vocational rehabilitation system. In the event that the department lacks sufficient resources to provide technical assistance, it may be provided by contract. (Added by renumbering Section 5696 by Stats. 1991, Ch. 89, Sec. 163. Effective June 30, 1991.)
  83. 5694.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 2.5. Program Initiatives [5670 - 5698] ( Chapter 2.5 repealed and added by Stats. 1991, Ch. 89, Sec. 134. ) ## ARTICLE 4. Self-Help [5694 - 5694.5] ( Article 4 added by Stats. 1991, Ch. 89, Sec. 164. )

    Verify source ↗

    A community support program for homeless people with mental health disabilities should help clients form self-help groups and peer counseling, and agencies should provide a written individualized service plan.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 2.5. Program Initiatives [5670 - 5698] ( Chapter 2.5 repealed and added by Stats. 1991, Ch. 89, Sec. 134. ) ## ARTICLE 4. Self-Help [5694 - 5694.5] ( Article 4 added by Stats. 1991, Ch. 89, Sec. 164. ) ## 5694. A community support program for persons who are homeless with a mental health disability should also assist its clients to establish self-help groups and peer counseling. An agency should offer each client a written individualized service plan that will specify the services to be provided as a result of discussions with the client and the rights of the client, as well as the expected results or outcomes of the services. A program should encourage each client to include family members, friends, the client’s primary therapist, and the client’s physician in the development of the client’s individualized service plan. (Amended by Stats. 2024, Ch. 948, Sec. 31. (AB 2119) Effective January 1, 2025.)
  84. 5694.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 2.5. Program Initiatives [5670 - 5698] ( Chapter 2.5 repealed and added by Stats. 1991, Ch. 89, Sec. 134. ) ## ARTICLE 4. Self-Help [5694 - 5694.5] ( Article 4 added by Stats. 1991, Ch. 89, Sec. 164. )

    Verify source ↗

    Counties may use designated mental health funding to establish and maintain client self-help mental health projects.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 2.5. Program Initiatives [5670 - 5698] ( Chapter 2.5 repealed and added by Stats. 1991, Ch. 89, Sec. 134. ) ## ARTICLE 4. Self-Help [5694 - 5694.5] ( Article 4 added by Stats. 1991, Ch. 89, Sec. 164. ) ## 5694.5. The counties may utilize designated mental health funding pursuant to this part for establishing and maintaining any client self-help mental health projects. (Added by Stats. 1991, Ch. 89, Sec. 164. Effective June 30, 1991.)
  85. 5694.7.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 2.5. Program Initiatives [5670 - 5698] ( Chapter 2.5 repealed and added by Stats. 1991, Ch. 89, Sec. 134. ) ## ARTICLE 5. Policy Initiatives for Children with Serious Emotional Disturbance [5694.7- 5694.7.] ( Heading of Article 5 amended by Stats. 2024, Ch. 948, Sec. 32. )

    Verify source ↗

    When notified about a specific case, the county behavioral health director must review it, assess the child’s needs, and send a written determination within 30 days. The director may also ask the court to keep certain information from the minor if the minor may be dangerous.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 2.5. Program Initiatives [5670 - 5698] ( Chapter 2.5 repealed and added by Stats. 1991, Ch. 89, Sec. 134. ) ## ARTICLE 5. Policy Initiatives for Children with Serious Emotional Disturbance [5694.7- 5694.7.] ( Heading of Article 5 amended by Stats. 2024, Ch. 948, Sec. 32. ) ## 5694.7. When the director of behavioral health in a county is notified pursuant to Section 319.1 or 635.1, or Section 7572.5 of the Government Code about a specific case, the county behavioral health director shall assign the responsibility either directly or through contract with a private provider, to review the information and assess whether or not the child has serious emotional disturbance as well as to determine the level of involvement in the case needed to ensure access to appropriate mental health treatment services and whether appropriate treatment is available through the minor’s own resources, those of the family or another private party, including a third-party payer, or through another agency, and to ensure access to services available within the county’s program. This determination shall be submitted in writing to the notifying agency within 30 days. If in the course of evaluating the minor, the county behavioral health director determines that the minor may be dangerous, the county behavioral health director may request the court to direct counsel not to reveal information to the minor relating to the name and address of the person who prepared the subject report. If appropriate treatment is not available within the county’s Bronzan-McCorquodale program, this section does not prevent the court from ordering treatment directly or through a family’s private resources. (Amended by Stats. 2024, Ch. 948, Sec. 33. (AB 2119) Effective January 1, 2025.)
  86. 5695.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 2.5. Program Initiatives [5670 - 5698] ( Chapter 2.5 repealed and added by Stats. 1991, Ch. 89, Sec. 134. ) ## ARTICLE 6. Regional Facilities for Wards with Serious Emotional Disturbance [5695 - 5697.5] ( Heading of Article 6 amended by Stats. 2024, Ch. 948, Sec. 34. )

    Verify source ↗

    The Legislature states its intent to provide local mental health services for minors with serious emotional disturbance and to establish regional secure facilities for certain wards of the juvenile 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 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 2.5. Program Initiatives [5670 - 5698] ( Chapter 2.5 repealed and added by Stats. 1991, Ch. 89, Sec. 134. ) ## ARTICLE 6. Regional Facilities for Wards with Serious Emotional Disturbance [5695 - 5697.5] ( Heading of Article 6 amended by Stats. 2024, Ch. 948, Sec. 34. ) ## 5695. The Legislature finds and declares the following: (a) The Legislature has declared its intent to provide, at the local level, a range of appropriate mental health services for minors with serious emotional disturbance. These programs include both outpatient and nonsecure residential care and treatment. (b) The Legislature recognizes that, while some minors will benefit from this care and treatment, there exists a population within that group who have been adjudged wards of the juvenile court pursuant to Section 602 who have serious emotional disturbance and by lack of behavior control and offense history, are not benefiting from existing programs, including the 24-hour facilities currently being operated under juvenile court law (Chapter 2 (commencing with Section 200) of Part 1 of Division 2). (c) The Legislature finds that there are no treatment facilities specifically designed and operated to provide both intensive mental health treatment and behavior control to this population of wards in a secure setting. These wards have not been successful in open residential care and when confined to traditional juvenile justice system facilities, disrupt programming, endanger themselves and others, and require intensive supervision including occasional isolation and provision of a one-to-one supervision ratio. The behavior and needs of this population affect the ability of the existing facilities to meet the program needs of the remainder of the population which is more appropriately detained or committed there. (d) Psychiatric hospitals frequently refuse to accept these wards because of their offense history or their extremely disruptive behavior, because they do not always meet medical necessity for acute admission, or because the lengths of stay in inpatient programs are too limited in duration. Because of these problems, minors with serious emotional disturbance who have been adjudged to be wards pursuant to Section 602 do not receive the level of mental health care necessary to interrupt the cycle of emotional disturbance leading to assaultive or self-destructive behavior. (e) The Legislature therefore declares its intent to establish regional facilities which will provide an additional dispositional resource to the juvenile justice system, and which will demonstrate the feasibility and effectiveness of providing the services described in this chapter to minors with serious emotional disturbance who have been adjudged wards of the juvenile court pursuant to Section 602 and whose physical and mental treatment needs require a secure facility and program. It is also the intent of the Legislature to secure for the minors committed to such a facility, the protection, custody, care, treatment, and guidance that is consistent with the purpose of the juvenile court law (Chapter 2 (commencing with Section 200) of Part 1 of Division 2). (Amended by Stats. 2024, Ch. 948, Sec. 35. (AB 2119) Effective January 1, 2025.)
  87. 5695.2.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 2.5. Program Initiatives [5670 - 5698] ( Chapter 2.5 repealed and added by Stats. 1991, Ch. 89, Sec. 134. ) ## ARTICLE 6. Regional Facilities for Wards with Serious Emotional Disturbance [5695 - 5697.5] ( Heading of Article 6 amended by Stats. 2024, Ch. 948, Sec. 34. )

    Verify source ↗

    Regional secure facilities may be established for minors with serious emotional disturbance who are wards of the juvenile court, and a minor may not be committed there for more than 18 months from admission.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 2.5. Program Initiatives [5670 - 5698] ( Chapter 2.5 repealed and added by Stats. 1991, Ch. 89, Sec. 134. ) ## ARTICLE 6. Regional Facilities for Wards with Serious Emotional Disturbance [5695 - 5697.5] ( Heading of Article 6 amended by Stats. 2024, Ch. 948, Sec. 34. ) ## 5695.2. There may be established, on a regional basis, secure facilities which are physically and programmatically designed for the commitment and ongoing treatment of minors with serious emotional disturbance who have been adjudged wards of the juvenile court pursuant to Section 602. A minor shall not be committed to the facility for more than 18 months from the date of admission. (Amended by Stats. 2024, Ch. 948, Sec. 36. (AB 2119) Effective January 1, 2025.)
  88. 5695.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 2.5. Program Initiatives [5670 - 5698] ( Chapter 2.5 repealed and added by Stats. 1991, Ch. 89, Sec. 134. ) ## ARTICLE 6. Regional Facilities for Wards with Serious Emotional Disturbance [5695 - 5697.5] ( Heading of Article 6 amended by Stats. 2024, Ch. 948, Sec. 34. )

    Verify source ↗

    A facility must have a board of directors established to oversee and guide the facility’s design, implementation, and operation.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 2.5. Program Initiatives [5670 - 5698] ( Chapter 2.5 repealed and added by Stats. 1991, Ch. 89, Sec. 134. ) ## ARTICLE 6. Regional Facilities for Wards with Serious Emotional Disturbance [5695 - 5697.5] ( Heading of Article 6 amended by Stats. 2024, Ch. 948, Sec. 34. ) ## 5695.5. A board of directors for a facility shall be established to provide oversight and direction to the design, implementation, and operation of the facility in order to ensure adherence to the statement of legislative intent in Section 5590 and to the overall goals and objectives of the facility. (Added by Stats. 1991, Ch. 89, Sec. 170. Effective June 30, 1991.)
  89. 5695.7.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 2.5. Program Initiatives [5670 - 5698] ( Chapter 2.5 repealed and added by Stats. 1991, Ch. 89, Sec. 134. ) ## ARTICLE 6. Regional Facilities for Wards with Serious Emotional Disturbance [5695 - 5697.5] ( Heading of Article 6 amended by Stats. 2024, Ch. 948, Sec. 34. )

    Verify source ↗

    The board of directors must include the chief probation officer and the local mental health directors of the participating counties, and the onsite director is responsible to that board.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 2.5. Program Initiatives [5670 - 5698] ( Chapter 2.5 repealed and added by Stats. 1991, Ch. 89, Sec. 134. ) ## ARTICLE 6. Regional Facilities for Wards with Serious Emotional Disturbance [5695 - 5697.5] ( Heading of Article 6 amended by Stats. 2024, Ch. 948, Sec. 34. ) ## 5695.7. (a) The board of directors shall be composed of the chief probation officer and the local mental health directors of each of the participating counties. (b) The regional facilities shall operate under the administration of the onsite director who shall be directly responsible to the board of directors for adherence to all policies and procedures established by the board and to the intent of the Legislature stated in Section 5695. (Amended by Stats. 1991, Ch. 611, Sec. 52. Effective October 7, 1991.)
  90. 5696.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 2.5. Program Initiatives [5670 - 5698] ( Chapter 2.5 repealed and added by Stats. 1991, Ch. 89, Sec. 134. ) ## ARTICLE 6. Regional Facilities for Wards with Serious Emotional Disturbance [5695 - 5697.5] ( Heading of Article 6 amended by Stats. 2024, Ch. 948, Sec. 34. )

    Verify source ↗

    Before a regional facility opens, the board of directors must develop written admission criteria, and those criteria must be approved by the Department of Corrections and Rehabilitation, Division of Juvenile 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 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 2.5. Program Initiatives [5670 - 5698] ( Chapter 2.5 repealed and added by Stats. 1991, Ch. 89, Sec. 134. ) ## ARTICLE 6. Regional Facilities for Wards with Serious Emotional Disturbance [5695 - 5697.5] ( Heading of Article 6 amended by Stats. 2024, Ch. 948, Sec. 34. ) ## 5696. Prior to the opening of a regional facility, the board of directors shall develop written admission criteria, approved by the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, for those minors who are most at risk of entering the adult criminal justice system as offenders who have mental health disorders and are at high risk of committing predatory and violent crimes, including, but not limited to, the following requirements: (a) The minor is at the time of commitment between 12 and 18 years of age, the minor has been adjudged to be a ward of the juvenile court pursuant to Section 602, and the minor’s custody has been placed under the supervision of a probation officer pursuant to Section 727. (b) The ward has serious emotional disturbance as is evidenced by a diagnosis from the current edition of the Diagnostic and Statistical Manual of Mental Disorders and evidences behavior inappropriate to the ward’s age according to expected developmental norms. Additionally, all of the following must be present: (1) The behavior presents a danger to the community or self and requires intensive supervision and treatment, but the ward is not amenable to other private or public residential treatment programs because the ward’s behavior requires a secure setting. (2) The symptomology is both severe and frequent. (3) The inappropriate behavior is persistent. (Amended by Stats. 2024, Ch. 948, Sec. 37. (AB 2119) Effective January 1, 2025.)
  91. 5696.2.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 2.5. Program Initiatives [5670 - 5698] ( Chapter 2.5 repealed and added by Stats. 1991, Ch. 89, Sec. 134. ) ## ARTICLE 6. Regional Facilities for Wards with Serious Emotional Disturbance [5695 - 5697.5] ( Heading of Article 6 amended by Stats. 2024, Ch. 948, Sec. 34. )

    Verify source ↗

    A ward may not be admitted to a regional facility in this chapter if the ward meets any listed disqualifying criteria.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 2.5. Program Initiatives [5670 - 5698] ( Chapter 2.5 repealed and added by Stats. 1991, Ch. 89, Sec. 134. ) ## ARTICLE 6. Regional Facilities for Wards with Serious Emotional Disturbance [5695 - 5697.5] ( Heading of Article 6 amended by Stats. 2024, Ch. 948, Sec. 34. ) ## 5696.2. No ward shall be admitted to any regional facility described in this chapter who meets any of the following criteria: (a) The ward has a primary substance abuse problem. (b) The ward has a primary developmental disability. (c) The ward requires an acute psychiatric hospital setting. (d) The ward can benefit from or requires a level of treatment or confinement not provided at the facility. (e) The ward suffers from a medical condition which requires ongoing nursing and medical care, beyond the level that the program can provide. (f) The ward is under conservatorship established pursuant to Chapter 3 (commencing with Section 5350) of this part. (Added by Stats. 1991, Ch. 89, Sec. 170. Effective June 30, 1991.)
  92. 5696.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 2.5. Program Initiatives [5670 - 5698] ( Chapter 2.5 repealed and added by Stats. 1991, Ch. 89, Sec. 134. ) ## ARTICLE 6. Regional Facilities for Wards with Serious Emotional Disturbance [5695 - 5697.5] ( Heading of Article 6 amended by Stats. 2024, Ch. 948, Sec. 34. )

    Verify source ↗

    Before opening a facility, the board of directors must adopt written program standards and procedures approved by the Division of Juvenile Facilities, and staff must be qualified to provide intensive treatment and 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 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 2.5. Program Initiatives [5670 - 5698] ( Chapter 2.5 repealed and added by Stats. 1991, Ch. 89, Sec. 134. ) ## ARTICLE 6. Regional Facilities for Wards with Serious Emotional Disturbance [5695 - 5697.5] ( Heading of Article 6 amended by Stats. 2024, Ch. 948, Sec. 34. ) ## 5696.5. Prior to the opening of a facility, the board of directors shall establish written program standards and policies and procedures, approved by the Division of Juvenile Facilities that address and include, but are not limited to, the following: (a) A staffing number and pattern that meets the special behavior, supervision, treatment, health, and educational needs of the population described in this chapter. Staff shall be qualified to provide intensive treatment and services and shall include, at a minimum: (1) A project or clinical director, a psychiatrist or psychologist, a social worker, a registered nurse, and a recreation or occupational therapist. (2) A pediatrician and a dentist, and a licensed marriage and family therapist or a licensed professional clinical counselor, or both of those professionals, on an as-needed basis. (3) Educational staff in sufficient number and with the qualifications needed to meet the population served. (4) Child care staff in sufficient numbers and with the qualifications needed to meet the special needs of the population. (b) Programming to meet the needs of all wards admitted, including, but not limited to, all of the following: (1) Physical examinations on admission and ongoing health care. (2) Appropriate and closely monitored use of all behavioral management techniques. (3) The establishment of written, individual treatment and educational plans and goals for each ward within 10 days of admission and which are updated at least quarterly. (4) Written discharge planning that addresses each ward’s continued treatment, educational, and supervision needs. (5) Regular, written progress records regarding the care and treatment of each ward. (6) Regular and structured treatment of all wards, including, but not limited to, individual, group and family therapy, psychological testing, medication, and occupational, or recreational therapy. (7) Access to neurological testing and laboratory work as needed. (8) The opportunity for regular family contact and involvement. (9) A periodic review of the continued need for treatment within the facility. (10) Educational programming, including special education as needed. (Amended by Stats. 2011, Ch. 381, Sec. 46. (SB 146) Effective January 1, 2012.)
  93. 5696.7.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 2.5. Program Initiatives [5670 - 5698] ( Chapter 2.5 repealed and added by Stats. 1991, Ch. 89, Sec. 134. ) ## ARTICLE 6. Regional Facilities for Wards with Serious Emotional Disturbance [5695 - 5697.5] ( Heading of Article 6 amended by Stats. 2024, Ch. 948, Sec. 34. )

    Verify source ↗

    Wards must be referred for admission to a regional facility after screening and approval by the county joint mental health and probation screening committee.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 2.5. Program Initiatives [5670 - 5698] ( Chapter 2.5 repealed and added by Stats. 1991, Ch. 89, Sec. 134. ) ## ARTICLE 6. Regional Facilities for Wards with Serious Emotional Disturbance [5695 - 5697.5] ( Heading of Article 6 amended by Stats. 2024, Ch. 948, Sec. 34. ) ## 5696.7. Wards shall be referred for admission to the director of a regional facility following screening and approval through a joint mental health and probation screening committee in the county which refers the minor. This screening process shall be defined in the standards, policies, and procedures governing the operation of the facility. The probation officer shall, in consultation and cooperation with the county mental health staff, process the ward’s admission to the facility and implement the discharge plan. (Added by Stats. 1991, Ch. 89, Sec. 170. Effective June 30, 1991.)
  94. 5697.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 2.5. Program Initiatives [5670 - 5698] ( Chapter 2.5 repealed and added by Stats. 1991, Ch. 89, Sec. 134. ) ## ARTICLE 6. Regional Facilities for Wards with Serious Emotional Disturbance [5695 - 5697.5] ( Heading of Article 6 amended by Stats. 2024, Ch. 948, Sec. 34. )

    Verify source ↗

    The regional board of directors must contract with the county where the regional facility is located to provide a public education program for admitted wards.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 2.5. Program Initiatives [5670 - 5698] ( Chapter 2.5 repealed and added by Stats. 1991, Ch. 89, Sec. 134. ) ## ARTICLE 6. Regional Facilities for Wards with Serious Emotional Disturbance [5695 - 5697.5] ( Heading of Article 6 amended by Stats. 2024, Ch. 948, Sec. 34. ) ## 5697. The regional board of directors shall contract with the county in which the regional facility is located for the provision of a public education program which will meet the educational requirements and needs of the wards admitted to the facility. (Repealed (by Sec. 167) and added by Stats. 1991, Ch. 89, Sec. 170. Effective June 30, 1991.)
  95. 5697.2.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 2.5. Program Initiatives [5670 - 5698] ( Chapter 2.5 repealed and added by Stats. 1991, Ch. 89, Sec. 134. ) ## ARTICLE 6. Regional Facilities for Wards with Serious Emotional Disturbance [5695 - 5697.5] ( Heading of Article 6 amended by Stats. 2024, Ch. 948, Sec. 34. )

    Verify source ↗

    The board of directors of a regional facility must submit a report to the Director of the Youth Authority.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 2.5. Program Initiatives [5670 - 5698] ( Chapter 2.5 repealed and added by Stats. 1991, Ch. 89, Sec. 134. ) ## ARTICLE 6. Regional Facilities for Wards with Serious Emotional Disturbance [5695 - 5697.5] ( Heading of Article 6 amended by Stats. 2024, Ch. 948, Sec. 34. ) ## 5697.2. The board of directors of a regional facility shall submit to the Director of the Youth Authority, a report which includes, at a minimum, a description of the regional facility, the population to be served, criteria for admission and release, program goals and services, staffing, a postrelease component, appropriate educational programming, an annual evaluation component, and a proposed budget. (Added by Stats. 1991, Ch. 89, Sec. 170. Effective June 30, 1991.)
  96. 5697.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 2.5. Program Initiatives [5670 - 5698] ( Chapter 2.5 repealed and added by Stats. 1991, Ch. 89, Sec. 134. ) ## ARTICLE 6. Regional Facilities for Wards with Serious Emotional Disturbance [5695 - 5697.5] ( Heading of Article 6 amended by Stats. 2024, Ch. 948, Sec. 34. )

    Verify source ↗

    The Director of the Youth Authority and the Director of Mental Health must work together to adopt rules and regulations setting minimum standards for regional 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 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 2.5. Program Initiatives [5670 - 5698] ( Chapter 2.5 repealed and added by Stats. 1991, Ch. 89, Sec. 134. ) ## ARTICLE 6. Regional Facilities for Wards with Serious Emotional Disturbance [5695 - 5697.5] ( Heading of Article 6 amended by Stats. 2024, Ch. 948, Sec. 34. ) ## 5697.5. The Director of the Youth Authority, in conjunction with the Director of Mental Health, shall adopt rules and regulations to establish, monitor, and enforce minimum standards for regional facilities. (Added by Stats. 1991, Ch. 89, Sec. 170. Effective June 30, 1991.)
  97. 5698.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 2.5. Program Initiatives [5670 - 5698] ( Chapter 2.5 repealed and added by Stats. 1991, Ch. 89, Sec. 134. ) ## ARTICLE 7. System of Care for Children and Youth with Serious Emotional Disturbance [5698- 5698.] ( Heading of Article 7 amended by Stats. 2024, Ch. 948, Sec. 38. )

    Verify source ↗

    The Legislature expresses an intent to encourage each county to develop a system of care for children and youth with serious emotional disturbance.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 2.5. Program Initiatives [5670 - 5698] ( Chapter 2.5 repealed and added by Stats. 1991, Ch. 89, Sec. 134. ) ## ARTICLE 7. System of Care for Children and Youth with Serious Emotional Disturbance [5698- 5698.] ( Heading of Article 7 amended by Stats. 2024, Ch. 948, Sec. 38. ) ## 5698. It is the intent of the Legislature to encourage in each county a system of care for children and youth with serious emotional disturbance. This system of care should be based upon the following principles: (a) A defined range of interagency services, blended programs and program standards that facilitate appropriate service delivery in the least restrictive environment as close to home as possible. The system should use available and accessible intensive home and school-based alternatives. (b) A defined mechanism to ensure that services are child centered and family focused with parental participation in all aspects of the planning and delivery of service. (c) A formalized multiagency policy making council and an interagency case management services council. The roles and responsibilities of these councils should be specified in existing interagency agreements or memoranda of understanding, or both. (d) A defined interagency case management system designed to facilitate services to the defined target population. (e) A defined mechanism to ensure that services are culturally competent. (Amended by Stats. 2024, Ch. 948, Sec. 39. (AB 2119) Effective January 1, 2025.)
  98. 5699.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 2.7. Case Management for Children With Serious Emotional Disturbance [5699 - 5699.5] ( Heading of Chapter 2.7 renumbered from Chapter 2.55 by Stats. 1991, Ch. 89, Sec. 135. )

    Verify source ↗

    The Legislature states that mental health case management services for children with serious emotional disturbance should be developed in this state, especially for children separated from or at risk of being separated from their families, when resources are available.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 2.7. Case Management for Children With Serious Emotional Disturbance [5699 - 5699.5] ( Heading of Chapter 2.7 renumbered from Chapter 2.55 by Stats. 1991, Ch. 89, Sec. 135. ) ## 5699. (a) The Legislature finds and declares all of the following: (1) That mental health case management services required for children with serious emotional disturbance are different than these services for clients with mental health disorders described in Chapter 2.5 (commencing with Section 5670). (2) That mental health case management services for children with serious emotional disturbance are not defined in statute. (3) That the development of mental health case management for these children would ensure comprehensive appraisal and utilization of the most appropriate resources within the children’s environment, as well as the maintenance and strengthening of family ties. (b) It is the intent of the Legislature to encourage the development of mental health case management services for children with serious emotional disturbance who are separated or at risk of being separated from their families and require mental health treatment, to the extent resources are available. It is further the intent of the Legislature that mental health case management for children with serious emotional disturbance in this state be developed in accordance with the definitions and guidelines contained in this chapter. (Amended by Stats. 2014, Ch. 144, Sec. 103. (AB 1847) Effective January 1, 2015.)
  99. 5699.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 2.7. Case Management for Children With Serious Emotional Disturbance [5699 - 5699.5] ( Heading of Chapter 2.7 renumbered from Chapter 2.55 by Stats. 1991, Ch. 89, Sec. 135. )

    Verify source ↗

    The definitions in this article control how this chapter is interpreted, unless the context requires 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 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 2.7. Case Management for Children With Serious Emotional Disturbance [5699 - 5699.5] ( Heading of Chapter 2.7 renumbered from Chapter 2.55 by Stats. 1991, Ch. 89, Sec. 135. ) ## 5699.1. Unless the context otherwise requires, the definitions in this article govern the construction of this chapter. (Added by renumbering Section 5692.5 (as renumbered from 5678.1 by Stats. 1991, Ch. 89) by Stats. 1991, Ch. 611, Sec. 51. Effective October 7, 1991.)
  100. 5699.2.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 2.7. Case Management for Children With Serious Emotional Disturbance [5699 - 5699.5] ( Heading of Chapter 2.7 renumbered from Chapter 2.55 by Stats. 1991, Ch. 89, Sec. 135. )

    Verify source ↗

    Children eligible for case management under this section must be under 18 and have serious emotional disturbance, and they must fit at least one listed category.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 2.7. Case Management for Children With Serious Emotional Disturbance [5699 - 5699.5] ( Heading of Chapter 2.7 renumbered from Chapter 2.55 by Stats. 1991, Ch. 89, Sec. 135. ) ## 5699.2. Children identified for case management services under this section shall be minors under 18 years of age described in Section 5600.3 with serious emotional disturbance and who also meet one or more of the following criteria: (a) A child who is a ward or dependent of the juvenile court pursuant to Section 300, 601, or 602 and is placed out-of-home. (b) A child who is a special education pupil defined in paragraph 8 of subdivision (b) of Section 300.5 of Title 34 of the Code of Federal Regulations and is receiving residential care pursuant to an individual educational program. This section also includes special education pupils through age 21 identified in paragraph (4) of subdivision (c) of Section 56026 of the Education Code. (c) An inpatient in a psychiatric hospital, psychiatric health facility, or residential treatment facility receiving services either on a voluntary or involuntary basis. (d) An outpatient receiving intensive non-24-hour mental health treatment, such as day treatment or crisis services who is “at risk” of psychiatric hospitalization or out-of-home placement for residential treatment. (Amended by Stats. 2024, Ch. 948, Sec. 40. (AB 2119) Effective January 1, 2025.)
  101. 5699.3.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 2.7. Case Management for Children With Serious Emotional Disturbance [5699 - 5699.5] ( Heading of Chapter 2.7 renumbered from Chapter 2.55 by Stats. 1991, Ch. 89, Sec. 135. )

    Verify source ↗

    This section defines an “individual treatment plan” as a plan with assessments, time-limited measurable objectives, a service schedule, and regular review and reassessment.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 2.7. Case Management for Children With Serious Emotional Disturbance [5699 - 5699.5] ( Heading of Chapter 2.7 renumbered from Chapter 2.55 by Stats. 1991, Ch. 89, Sec. 135. ) ## 5699.3. “Individual treatment plan” means a plan that includes all of the following: (a) An assessment of the minor’s specific capabilities and problems. (b) A statement of specific, time-limited objectives for improving the capabilities and resolving the problems. The objectives shall be stated in measurable terms which allow measurement of progress. (c) A schedule of the type and amount of services to achieve treatment plan objectives, including identification of the provider or providers of service responsible for attaining each objective. (d) A schedule of regular periodic review and reassessment to ascertain that planned services have been provided and that objectives have been reached within the times specified. (Added by renumbering Section 5699.1 (as renumbered from 5678.3 by Stats. 1991, Ch. 89) by Stats. 1991, Ch. 611, Sec. 54. Effective October 7, 1991.)
  102. 5699.4.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 2.7. Case Management for Children With Serious Emotional Disturbance [5699 - 5699.5] ( Heading of Chapter 2.7 renumbered from Chapter 2.55 by Stats. 1991, Ch. 89, Sec. 135. )

    Verify source ↗

    Any county may provide case management services for children with serious emotional disturbance 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 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 2.7. Case Management for Children With Serious Emotional Disturbance [5699 - 5699.5] ( Heading of Chapter 2.7 renumbered from Chapter 2.55 by Stats. 1991, Ch. 89, Sec. 135. ) ## 5699.4. On and after January 1, 1987, any county may provide case management services for children with serious emotional disturbance pursuant to this chapter. The case management services may include all of the following: (a) Development of an individual treatment plan for each child. The plan shall be collaboratively prepared and reviewed and modified, if necessary, at least annually, by one representative of the mental health program, the parents, legal guardian, conservator, or court appointed social worker or probation officer, and, where appropriate, the minor. (b) Assignment of a mental health case manager to each child. The duties of the mental health case manager may include, but not be limited to, all of the following: (1) Coordinating an ecological assessment of the child’s needs which evaluates the child both individually and in relation to his or her family, school, and community environments. (2) Developing, implementing, monitoring, and reviewing each individual treatment plan that addresses the identified needs. (3) Linking and arranging or providing for the needed services. (4) Monitoring the adequacy of the services provided. (5) Advocating for the minor. (Added by renumbering Section 5699.2 (as renumbered from 5678.5 by Stats. 1991, Ch. 89) by Stats. 1991, Ch. 611, Sec. 55. Effective October 7, 1991.)
  103. 5699.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 2.7. Case Management for Children With Serious Emotional Disturbance [5699 - 5699.5] ( Heading of Chapter 2.7 renumbered from Chapter 2.55 by Stats. 1991, Ch. 89, Sec. 135. )

    Verify source ↗

    This section says the chapter does not authorize using state funds to provide services or to enforce the 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 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 2.7. Case Management for Children With Serious Emotional Disturbance [5699 - 5699.5] ( Heading of Chapter 2.7 renumbered from Chapter 2.55 by Stats. 1991, Ch. 89, Sec. 135. ) ## 5699.5. Nothing in this chapter shall be construed to authorize the use of state funds to provide services under this chapter or to enforce the provisions of this chapter. (Added by renumbering Section 5678.6 by Stats. 1991, Ch. 89, Sec. 141. Effective June 30, 1991.)
  104. 5700.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 3. Financial Provisions [5700 - 5717] ( Chapter 3 repealed and added by Stats. 1991, Ch. 89, Sec. 174. )

    Verify source ↗

    This section says county mental health programs are funded from several public sources and that different procedures and requirements apply to those funding categories.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 3. Financial Provisions [5700 - 5717] ( Chapter 3 repealed and added by Stats. 1991, Ch. 89, Sec. 174. ) ## 5700. (a) The Legislature recognizes that mental health services provided by county mental health programs are funded from the following general categories or sources of public funding: (1) Funds received by counties from the Local Revenue Fund and county funds necessary to meet the federal maintenance of effort requirements. (2) Funds from appropriations made to the department or for which the department is responsible for administering, which are designated for local mental health services. (3) Reimbursements through the Medi-Cal program for mental health services to Medi-Cal eligible individuals receiving mental health services from county mental health programs. (4) Funds from county or local appropriations which are designated for local mental health services. (b) The Legislature further recognizes that there are procedures and requirements which are unique to each category set forth in subdivision (a), as well as procedures and requirements which apply to all four categories. (Repealed and added by Stats. 1991, Ch. 89, Sec. 174. Effective June 30, 1991.)
  105. 5701.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 3. Financial Provisions [5700 - 5717] ( Chapter 3 repealed and added by Stats. 1991, Ch. 89, Sec. 174. )

    Verify source ↗

    This section directs state and local allocation of certain mental health funds, sets annual and monthly allocation rules, caps some allocations at $40 million, and exempts some funds from subdivision (a) and Section 17606.05.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 3. Financial Provisions [5700 - 5717] ( Chapter 3 repealed and added by Stats. 1991, Ch. 89, Sec. 174. ) ## 5701. (a) To achieve equity of funding, available funding for local mental health programs beyond the funding provided pursuant to Section 17601 shall be distributed to cities, counties, and cities and counties pursuant to the procedures described in subdivision (c) of Section 17606.05. (b) Funding provided pursuant to Section 6 of Article XIII B of the California Constitution, funding provided pursuant to subdivision (c), and funding provided for future pilot projects shall be exempt from the requirements of subdivision (a). (c) Effective in the 2012–13 fiscal year and each year thereafter: (1) The State Department of Health Care Services shall annually identify from mental health block grant funds provided by the federal government, the maximum amount that federal law and regulation permit to be allocated to counties and cities and counties pursuant to this subdivision. This section shall apply to any federal mental health block grant funds in excess of the following: (A) Funds for departmental support. (B) Amounts awarded to counties and cities and counties for children’s systems of care programs pursuant to Part 4 (commencing with Section 5850). (C) Amounts appropriated by the Legislature for the purposes of this part. (2) Notwithstanding subdivision (a), annually the State Department of Health Care Services shall allocate to counties and cities and counties the funds identified in paragraph (1), not to exceed forty million dollars ($40,000,000) in any year. The allocations shall be proportional to each county’s and each city and county’s percentage of the forty million dollars ($40,000,000) in Cigarette and Tobacco Products Surtax funds that were allocated to local mental health programs in the 1991–92 fiscal year. (3) Monthly, the Controller shall allocate funds from the Vehicle License Collection Account of the Local Revenue Fund to counties and cities and counties for mental health services. Allocations shall be made to each county or city and county in the same percentages as described in paragraph (2), until the total of the funds allocated to all counties in each year pursuant to paragraph (2) and this paragraph reaches forty million dollars ($40,000,000). (4) Funds allocated to counties and cities and counties pursuant to paragraphs (2) and (3) shall not be subject to Section 17606.05. (5) Funds that are available for allocation in any year in excess of the forty million dollar ($40,000,000) limits described in paragraph (2) or (3) shall be deposited into the Mental Health Subaccount of the Local Revenue Fund. (6) Nothing in this section is intended to, nor shall it, change the base allocation of any city, county, or city and county as provided in Section 17601. (Amended by Stats. 2012, Ch. 34, Sec. 139. (SB 1009) Effective June 27, 2012.)
  106. 5701.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 3. Financial Provisions [5700 - 5717] ( Chapter 3 repealed and added by Stats. 1991, Ch. 89, Sec. 174. )

    Verify source ↗

    The State Department of Health Care Services may use certain block grant funding for innovative programs for identified target populations, if the Legislature appropriates 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 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 3. Financial Provisions [5700 - 5717] ( Chapter 3 repealed and added by Stats. 1991, Ch. 89, Sec. 174. ) ## 5701.1. Notwithstanding Section 5701, the State Department of Health Care Services, in consultation with the County Behavioral Health Directors Association of California and the California Behavioral Health Planning Council, may utilize funding from the Substance Abuse and Mental Health Services Administration Block Grant, awarded to the State Department of Health Care Services, above the funding level provided in federal fiscal year 1998, for the development of innovative programs for identified target populations, upon appropriation by the Legislature. (Amended by Stats. 2017, Ch. 511, Sec. 9. (AB 1688) Effective January 1, 2018.)
  107. 5701.2.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 3. Financial Provisions [5700 - 5717] ( Chapter 3 repealed and added by Stats. 1991, Ch. 89, Sec. 174. )

    Verify source ↗

    The department must keep records about certain fund and bed transfers, and starting in the 1991–92 fiscal year it must also keep records showing each county’s share of state mental health money tied to state hospital beds or bed days. It must send a written summary of those records to specified legislative committees and a county association within 30 days after the annual Budget Act is enacted.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 3. Financial Provisions [5700 - 5717] ( Chapter 3 repealed and added by Stats. 1991, Ch. 89, Sec. 174. ) ## 5701.2. (a) The State Department of Mental Health, or its successor, the State Department of State Hospitals, shall maintain records of any transfer of funds or state hospital beds made pursuant to Chapter 1341 of the Statutes of 1991. (b) Commencing with the 1991–92 fiscal year, the State Department of Mental Health, or its successor, the State Department of State Hospitals, shall maintain records that set forth that portion of each county’s allocation of state mental health moneys that represent the dollar equivalent attributed to each county’s state hospital beds or bed days, or both, that were allocated as of May 1, 1991. The State Department of Mental Health, or its successor, the State Department of State Hospitals, shall provide a written summary of these records to the appropriate committees of the Legislature and the County Behavioral Health Directors Association of California within 30 days after the enactment of the annual Budget Act. (c) Nothing in this section is intended to change the counties’ base allocations as provided in subdivisions (a) and (b) of Section 17601. (Amended by Stats. 2015, Ch. 455, Sec. 37. (SB 804) Effective January 1, 2016.)
  108. 5701.4.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 3. Financial Provisions [5700 - 5717] ( Chapter 3 repealed and added by Stats. 1991, Ch. 89, Sec. 174. )

    Verify source ↗

    Certain costs reimbursed before July 1, 1991, from a local assistance appropriation must instead be reimbursed from funds received by counties 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 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 3. Financial Provisions [5700 - 5717] ( Chapter 3 repealed and added by Stats. 1991, Ch. 89, Sec. 174. ) ## 5701.4. Costs that were reimbursed, prior to July 1, 1991, from the local assistance appropriation contained in Item 4440-101-001 of the annual Budget Act, shall be reimbursed from funds received by counties pursuant to this chapter. (Added by Stats. 1991, Ch. 89, Sec. 174. Effective June 30, 1991.)
  109. 5701.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 3. Financial Provisions [5700 - 5717] ( Chapter 3 repealed and added by Stats. 1991, Ch. 89, Sec. 174. )

    Verify source ↗

    City-operated Bronzan-McCorquodale programs paid by the state under Section 5615 must be directly funded 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 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 3. Financial Provisions [5700 - 5717] ( Chapter 3 repealed and added by Stats. 1991, Ch. 89, Sec. 174. ) ## 5701.5. City-operated Bronzan-McCorquodale programs paid by the state under Section 5615 shall be directly funded in accordance with this chapter. (Added by Stats. 1991, Ch. 89, Sec. 174. Effective June 30, 1991.)
  110. 5702.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 3. Financial Provisions [5700 - 5717] ( Chapter 3 repealed and added by Stats. 1991, Ch. 89, Sec. 174. )

    Verify source ↗

    This section says that, for this part, the definition of “maintenance of effort” in Section 17608.05 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 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 3. Financial Provisions [5700 - 5717] ( Chapter 3 repealed and added by Stats. 1991, Ch. 89, Sec. 174. ) ## 5702. For the purposes of this part, the definition of maintenance of effort contained in Section 17608.05 shall apply. (Repealed and added by Stats. 1991, Ch. 89, Sec. 174. Effective June 30, 1991.)
  111. 5703.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 3. Financial Provisions [5700 - 5717] ( Chapter 3 repealed and added by Stats. 1991, Ch. 89, Sec. 174. )

    Verify source ↗

    Counties may appropriate extra mental health funding, and they cannot be required to appropriate more than the chapter requires.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 3. Financial Provisions [5700 - 5717] ( Chapter 3 repealed and added by Stats. 1991, Ch. 89, Sec. 174. ) ## 5703. Nothing in this chapter shall prevent a county, or counties acting jointly, from appropriating additional funds for mental health services. In no event shall counties be required to appropriate more than the amount required under the provisions of this chapter. (Repealed and added by Stats. 1991, Ch. 89, Sec. 174. Effective June 30, 1991.)
  112. 5704.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 3. Financial Provisions [5700 - 5717] ( Chapter 3 repealed and added by Stats. 1991, Ch. 89, Sec. 174. )

    Verify source ↗

    Certain Section 5700 funds must be deposited into the local health and welfare trust fund’s mental health account and used only for allowed mental health service costs.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 3. Financial Provisions [5700 - 5717] ( Chapter 3 repealed and added by Stats. 1991, Ch. 89, Sec. 174. ) ## 5704. Funds described in paragraphs (1) and (2) of subdivision (a) of Section 5700 shall be deposited in the mental health account of the local health and welfare trust fund and shall only be used to fund expenditures for the costs of mental health services as delineated in regulations promulgated by the department, and shall not be used to fund expenditures for costs excluded by Section 5714 or for costs specifically excluded from funding from this source by any other provision of law. (Amended by Stats. 1991, Ch. 611, Sec. 58. Effective October 7, 1991.)
  113. 5704.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 3. Financial Provisions [5700 - 5717] ( Chapter 3 repealed and added by Stats. 1991, Ch. 89, Sec. 174. )

    Verify source ↗

    A county may not reduce the share of funding it spends on children’s services below the 1983–84 level unless the governing body makes a determination at a noticed public hearing that the need for new or expanded services to people under 18 has significantly decreased.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 3. Financial Provisions [5700 - 5717] ( Chapter 3 repealed and added by Stats. 1991, Ch. 89, Sec. 174. ) ## 5704.5. (a) It is the intent of the Legislature that special consideration be given to children’s services in funding county services to expand existing programs or to establish new programs. (b) A county may not decrease the proportion of its funding expended for children’s services below the proportion expended in the 1983–84 fiscal year unless a determination has been made by the governing body in a noticed public hearing that the need for new or expanded services to persons under age 18 has significantly decreased. (Repealed and added by Stats. 1991, Ch. 89, Sec. 174. Effective June 30, 1991.)
  114. 5704.6.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 3. Financial Provisions [5700 - 5717] ( Chapter 3 repealed and added by Stats. 1991, Ch. 89, Sec. 174. )

    Verify source ↗

    Counties must direct half of certain mental health funding increases to services for people under 18, unless a noticed public hearing supports a lower allocation.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 3. Financial Provisions [5700 - 5717] ( Chapter 3 repealed and added by Stats. 1991, Ch. 89, Sec. 174. ) ## 5704.6. (a) Except as provided in subdivision (c), each county shall allocate for services to persons under age 18, 50 percent of the amount of any funding augmentation received for new or expanded mental health programs until the amount expended for mental health services to persons under age 18 equals not less than 25 percent of the county’s gross budget for mental health or not less than the percentage of persons under age 18 in the total population of the county, whichever percentage is less. Once achieved, this minimum ratio shall be maintained continuously thereafter. (b) As used in this section, the term “new or expanded mental health programs” does not include any programs which are required by statute, or programs which provide alternatives to hospitalization for patients of state hospitals. (c) From each funding augmentation for new or expanded mental health programs, a county may allocate to persons under age 18 an amount less than the percentage required in subdivision (a) when a determination has been made by the governing body in a noticed public hearing that the need for new or expanded services to persons under age 18 does not exist or is less than the need for services to one or more specified groups of adults. (Repealed and added by Stats. 1991, Ch. 89, Sec. 174. Effective June 30, 1991.)
  115. 5705.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 3. Financial Provisions [5700 - 5717] ( Chapter 3 repealed and added by Stats. 1991, Ch. 89, Sec. 174. )

    Verify source ↗

    This section lets negotiated net amounts be used as contract costs for county mental health services, requires participating government funding sources to be bound to that amount (except Medi-Cal), and requires providers to report information requested by 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 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 3. Financial Provisions [5700 - 5717] ( Chapter 3 repealed and added by Stats. 1991, Ch. 89, Sec. 174. ) ## 5705. (a) Negotiated net amounts may be used as the cost of services in contracts between the county and a subprovider of services. A negotiated net amount shall be determined by calculating the total budget for services for a program or a component of a program, less the amount of projected revenue. All participating government funding sources, except for the Medi-Cal program (Chapter 7 (commencing with Section 14000) of Part 3 of Division 9), shall be bound to that amount as the cost of providing all or part of the total county mental health program as described in the county performance contract for each fiscal year, to the extent that the governmental funding source participates in funding the county mental health programs. Where the State Department of Health Care Services promulgates regulations for determining reimbursement of mental health services allowable under the Medi-Cal program, those regulations shall be controlling as to the rates for reimbursement of mental health services allowable under the Medi-Cal program and rendered to Medi-Cal beneficiaries. Providers under this subdivision shall report to the State Department of Health Care Services and local mental health programs any information required by the State Department of Health Care Services in accordance with procedures established by the Director of Health Care Services. (b) Notwithstanding any other provision of this division or Division 9 (commencing with Section 10000), absent a finding of fraud, abuse, or failure to achieve contract objectives, no restrictions, other than any contained in the contract, shall be placed upon a provider’s expenditure pursuant to this section. (Amended by Stats. 2012, Ch. 34, Sec. 141. (SB 1009) Effective June 27, 2012.)
  116. 5706.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 3. Financial Provisions [5700 - 5717] ( Chapter 3 repealed and added by Stats. 1991, Ch. 89, Sec. 174. )

    Verify source ↗

    Certain county mental health services performance contract portions are exempt from Public Contract Code and State Administrative Manual requirements, and they do not need Department of General Services approval.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 3. Financial Provisions [5700 - 5717] ( Chapter 3 repealed and added by Stats. 1991, Ch. 89, Sec. 174. ) ## 5706. Notwithstanding any other provision of law, the portions of the county mental health services performance contract which become a contractual arrangement between the county and the department shall be exempt from the requirements contained in the Public Contract Code and the State Administrative Manual, and shall be exempt from approval by the Department of General Services. (Added by Stats. 1991, Ch. 89, Sec. 174. Effective June 30, 1991.)
  117. 5707.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 3. Financial Provisions [5700 - 5717] ( Chapter 3 repealed and added by Stats. 1991, Ch. 89, Sec. 174. )

    Verify source ↗

    State health-care funds for local mental health services must be spent under this section and related sections, unless conflicting federal requirements control.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 3. Financial Provisions [5700 - 5717] ( Chapter 3 repealed and added by Stats. 1991, Ch. 89, Sec. 174. ) ## 5707. Funds appropriated to the State Department of Health Care Services which are designated for local mental health services and funds which the State Department of Health Care Services is responsible for allocating or administering, including, but not limited to, federal block grants funds, shall be expended in accordance with this section and Sections 5710 to 5717, inclusive, except when there are conflicting federal requirements, in which case the federal requirements shall be controlling. (Amended by Stats. 2012, Ch. 34, Sec. 142. (SB 1009) Effective June 27, 2012.)
  118. 5709.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 3. Financial Provisions [5700 - 5717] ( Chapter 3 repealed and added by Stats. 1991, Ch. 89, Sec. 174. )

    Verify source ↗

    Counties may not charge fees for certain Medi-Cal specialty mental health services, but may charge some other people based on ability to pay and actual costs. Counties must still screen for eligibility for Medi-Cal and related programs.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 3. Financial Provisions [5700 - 5717] ( Chapter 3 repealed and added by Stats. 1991, Ch. 89, Sec. 174. ) ## 5709. (a) A county shall not charge fees for Medi-Cal specialty mental health services to Medi-Cal beneficiaries who do not have a share of cost or Medi-Cal beneficiaries who have met their share of cost pursuant to Section 14005.9. Regardless of the funding source involved, a county may charge fees to individuals who are not Medi-Cal beneficiaries and Medi-Cal beneficiaries who have a share of cost that has not been met, in accordance with their ability to pay for community mental health services rendered, but not in excess of actual costs in accordance with Section 14708. (b) This section shall not be construed to waive a county’s responsibility to screen for eligibility for Medi-Cal, any other insurance affordability program, or a county health program. (Amended by Stats. 2019, Ch. 497, Sec. 302. (AB 991) Effective January 1, 2020.)
  119. 5710.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 3. Financial Provisions [5700 - 5717] ( Chapter 3 repealed and added by Stats. 1991, Ch. 89, Sec. 174. )

    Verify source ↗

    Patient charges for county mental health program services cannot exceed actual cost, and the Director of Health Care Services must set a uniform sliding-scale patient fee schedule.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 3. Financial Provisions [5700 - 5717] ( Chapter 3 repealed and added by Stats. 1991, Ch. 89, Sec. 174. ) ## 5710. (a) Charges for the care and treatment of each patient receiving service from a county mental health program shall not exceed the actual cost thereof as determined or approved by the Director of Health Care Services in accordance with standard accounting practices. The director may include the amount of expenditures for capital outlay or the interest thereon, or both, in his or her determination of actual cost. The responsibility of a patient, his or her estate, or his or her responsible relatives to pay the charges and the powers of the director with respect thereto shall be determined in accordance with Article 4 (commencing with Section 7275) of Chapter 3 of Division 7. (b) The Director of Health Care Services may delegate to each county all or part of the responsibility for determining the financial liability of patients to whom services are rendered by a county mental health program and all or part of the responsibility for determining the ability of the responsible parties to pay for services to minor children who are referred by a county for treatment in a state hospital. Liability shall extend to the estates of patients and to responsible relatives, including the spouse of an adult patient and the parents of minor children. The Director of Health Care Services may also delegate all or part of the responsibility for collecting the charges for patient fees. Counties may decline this responsibility as it pertains to state hospitals, at their discretion. If this responsibility is delegated by the director, the director shall establish and maintain the policies and procedures for making the determinations and collections. Each county to which the responsibility is delegated shall comply with the policy and procedures. (c) The director shall prepare and adopt a uniform sliding scale patient fee schedule to be used in all mental health agencies for services rendered to each patient. In preparing the uniform patient fee schedule, the director shall take into account the existing charges for state hospital services and those for community mental health program services. If the director determines that it is not practicable to devise a single uniform patient fee schedule applicable to both state hospital services and services of other mental health agencies, the director may adopt a separate fee schedule for the state hospital services which differs from the uniform patient fee schedule applicable to other mental health agencies. (Amended by Stats. 2012, Ch. 34, Sec. 145. (SB 1009) Effective June 27, 2012.)
  120. 5713.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 3. Financial Provisions [5700 - 5717] ( Chapter 3 repealed and added by Stats. 1991, Ch. 89, Sec. 174. )

    Verify source ↗

    The Director of Mental Health may make advances for mental health services from certain appropriated funds, and determines the form and manner of those advances.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 3. Financial Provisions [5700 - 5717] ( Chapter 3 repealed and added by Stats. 1991, Ch. 89, Sec. 174. ) ## 5713. Advances for funding mental health services may be made by the Director of Mental Health from funds appropriated to the department for local mental health programs and services specified in the annual Budget Act. Advances made pursuant to this section shall be made in the form and manner the Director of Mental Health shall determine. When certified by the Director of Mental Health, advances shall be presented to the Controller for payment. Each advance shall be payable from the appropriation made for the fiscal year in which the expenses upon which the advance is based are incurred. (Amended by Stats. 2010, Ch. 706, Sec. 2. (SB 1392) Effective January 1, 2011.)
  121. 5714.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 3. Financial Provisions [5700 - 5717] ( Chapter 3 repealed and added by Stats. 1991, Ch. 89, Sec. 174. )

    Verify source ↗

    Certain costs for specified mental health-related legal proceedings may not be paid from funds designated for mental health 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 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 3. Financial Provisions [5700 - 5717] ( Chapter 3 repealed and added by Stats. 1991, Ch. 89, Sec. 174. ) ## 5714. To continue county expenditures for legal proceedings involving persons with mental health disorders, the following costs incurred in carrying out Part 1 (commencing with Section 5000) of this division shall not be paid for from funds designated for mental health services. (a) The costs involved in bringing a person in for 72-hour treatment and evaluation. (b) The costs of court proceedings for court-ordered evaluation, including the service of the court order and the apprehension of the person ordered to evaluation when necessary. (c) The costs of court proceedings in cases of appeal from 14-day intensive treatment. (d) The cost of legal proceedings in conservatorship, other than the costs of conservatorship investigation as defined by regulations of the State Department of Health Care Services. (e) The court costs in postcertification proceedings. (f) The cost of providing a public defender or other court-appointed attorneys in proceedings for those unable to pay. (Amended by Stats. 2014, Ch. 144, Sec. 104. (AB 1847) Effective January 1, 2015.)
  122. 5715.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 3. Financial Provisions [5700 - 5717] ( Chapter 3 repealed and added by Stats. 1991, Ch. 89, Sec. 174. )

    Verify source ↗

    A county may keep certain unspent department funds for up to 12 months, if the State Department of Health Care Services approves and the funds are used for mental health services 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 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 3. Financial Provisions [5700 - 5717] ( Chapter 3 repealed and added by Stats. 1991, Ch. 89, Sec. 174. ) ## 5715. Subject to the approval of the State Department of Health Care Services, at the end of the fiscal year, a county may retain unexpended funds allocated to it by the department from funds appropriated to the department, with the exception of block grant funds, exclusive of the amount required to pay for the care of patients in state hospitals, for 12 months for expenditure for mental health services in accordance with this part. (Amended by Stats. 2012, Ch. 34, Sec. 149. (SB 1009) Effective June 27, 2012.)
  123. 5717.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 3. Financial Provisions [5700 - 5717] ( Chapter 3 repealed and added by Stats. 1991, Ch. 89, Sec. 174. )

    Verify source ↗

    The county must repay improperly spent funds within 30 days after a determination, and the department may offset late repayment; the Director of Health Care Services may investigate and audit expenditures.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 3. Financial Provisions [5700 - 5717] ( Chapter 3 repealed and added by Stats. 1991, Ch. 89, Sec. 174. ) ## 5717. (a) Expenditures that may be funded from amounts allocated to the county by the State Department of Health Care Services from funds appropriated to the department shall include, salaries of personnel, approved facilities and services provided through contract, and operation, maintenance, and service costs, including insurance costs or departmental charges for participation in a county self-insurance program if the charges are not in excess of comparable available commercial insurance premiums and on the condition that any surplus reserves be used to reduce future year contributions; depreciation of county facilities as established in the state’s uniform accounting manual, disregarding depreciation on the facility to the extent it was financed by state funds under this part; lease of facilities where there is no intention to, nor option to, purchase; expenses incurred under this act by members of the County Behavioral Health Directors Association of California for attendance at regular meetings of these conferences; expenses incurred by either the chairperson or elected representative of the local mental health advisory boards for attendance at regular meetings of the organization of mental health advisory boards; expenditures included in approved countywide cost allocation plans submitted in accordance with the Controller’s guidelines, including, but not limited to, adjustments of prior year estimated general county overhead to actual costs, but excluding allowable costs otherwise compensated by state funding; net costs of conservatorship investigation, approved by the Director of Health Care Services. Except for expenditures made pursuant to Article 6 (commencing with Section 129225) of Chapter 1 of Part 6 of Division 107 of the Health and Safety Code, it shall not include expenditures for initial capital improvements; the purchaser or construction of buildings except for equipment items and remodeling expense as may be provided for in regulations of the State Department of Health Care Services; compensation to members of a local mental health advisory board, except actual and necessary expenses incurred in the performance of official duties that may include travel, lodging, and meals while on official business; or expenditures for a purpose for which state reimbursement is claimed under any other provision of law. (b) The Director of Health Care Services may make investigations and audits of expenditures the director may deem necessary. (c) With respect to funds allocated to a county by the State Department of Health Care Services from funds appropriated to the department, the county shall repay to the state amounts found not to have been expended in accordance with the requirements set forth in this part. Repayment shall be within 30 days after it is determined that an expenditure has been made that is not in accordance with the requirements. In the event that repayment is not made in a timely manner, the department shall offset any amount improperly expended against the amount of any current or future advance payment or cost report settlement from the state for mental health services. Repayment provisions shall not apply to Short-Doyle funds allocated by the department for fiscal years up to and including the 1990–91 fiscal year. (Amended by Stats. 2015, Ch. 455, Sec. 38. (SB 804) Effective January 1, 2016.)
  124. 5730.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 3.5. Mental Health Master Plan Development Act [5730 - 5733] ( Chapter 3.5 added by Stats. 1989, Ch. 1313, Sec. 1. )

    Verify source ↗

    This section names the Mental Health Master Plan Development Act.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 3.5. Mental Health Master Plan Development Act [5730 - 5733] ( Chapter 3.5 added by Stats. 1989, Ch. 1313, Sec. 1. ) ## 5730. This act is to be known as the Mental Health Master Plan Development Act. (Added by Stats. 1989, Ch. 1313, Sec. 1.)
  125. 5731.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 3.5. Mental Health Master Plan Development Act [5730 - 5733] ( Chapter 3.5 added by Stats. 1989, Ch. 1313, Sec. 1. )

    Verify source ↗

    The section says the Legislature finds the mental health system is a major part of California health care and notes that the State Department of Mental Health must develop a state plan for the Short-Doyle mental health system.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 3.5. Mental Health Master Plan Development Act [5730 - 5733] ( Chapter 3.5 added by Stats. 1989, Ch. 1313, Sec. 1. ) ## 5731. The Legislature finds and declares that the mental health system is a large and important segment of California’s system of health care. The Legislature further finds and declares all of the following: (a) Public Law 99-660 requires that the State Department of Mental Health develop a state plan for the Short-Doyle mental health system which includes all of the following: (1) Plans developed in response to federal planning requirements shall be submitted to the Legislature. (2) Evidence of broad participation from concerned citizens and mental health consumers. (3) An analysis of the needs of adults with a serious and persistent mental illness, children and youth with serious emotional disturbance, and persons who are homeless with a mental illness in California. (4) Improvements in the mental health delivery system are needed for adults with a serious and persistent mental illness, children and youth with serious emotional disturbance, and persons who are homeless with a mental illness. (5) Given the existing mental health funding base, priorities need to be established for the Short-Doyle community mental health system. (6) There is no minimum range of treatment services which should be available in every county in California. (7) Most funding formulas for state mental health programs are not client based. (8) The state has a special responsibility for the care and treatment of adults with a serious and persistent mental illness, minors with serious emotional disturbance, and persons who are homeless with a mental illness who are the most vulnerable and who require consistent supportive services to meet their health and safety needs in the community. (9) Legislative action is required to ensure that a comprehensive policy is developed which addresses the critical problems and key issues currently facing the mental health system in California. (Amended by Stats. 2024, Ch. 948, Sec. 41. (AB 2119) Effective January 1, 2025.)
  126. 5732.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 3.5. Mental Health Master Plan Development Act [5730 - 5733] ( Chapter 3.5 added by Stats. 1989, Ch. 1313, Sec. 1. )

    Verify source ↗

    The California Planning Council’s scope must be expanded to include development of the Mental Health Master Plan, and five named bodies must each recommend one council member to the Governor.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 3.5. Mental Health Master Plan Development Act [5730 - 5733] ( Chapter 3.5 added by Stats. 1989, Ch. 1313, Sec. 1. ) ## 5732. (a) Given the requirements of Public Law 99-660 and the significant policy issues currently facing the mental health system in California, a master plan for mental health is required which integrates these planning and reform efforts and which establishes priorities for the service delivery system and analyzes critical policy issues. (b) The California Planning Council’s scope shall be expanded to include the development of the Mental Health Master Plan. This Mental Health Master Plan shall be distinct but compatible with the plan mandated by Public Law 99-660, the development and implementation of which is the responsibility of the State Department of Mental Health. (c) Therefore, the California Planning Council required by Public Law 99-660 shall be expanded to include the following members: (1) The Speaker of the Assembly shall recommend to the Governor for appointment, one council member. (2) The Assembly Minority Floor Leader shall recommend to the Governor for appointment, one council member. (3) The President pro Tempore of the Senate shall recommend to the Governor for appointment, one council member. (4) The Senate Minority Floor Leader shall recommend to the Governor for appointment, one council member. (5) The County Supervisors Association of California shall recommend to the Governor for appointment, one council member. (d) The Mental Health Master Plan shall be completed and submitted to the Legislature and the Governor by October 1, 1991. (Added by Stats. 1989, Ch. 1313, Sec. 1.)
  127. 5733.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 3.5. Mental Health Master Plan Development Act [5730 - 5733] ( Chapter 3.5 added by Stats. 1989, Ch. 1313, Sec. 1. )

    Verify source ↗

    The Mental Health Master Plan must include an analysis of specified planning, population, resource, evaluation, and governance topics.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 3.5. Mental Health Master Plan Development Act [5730 - 5733] ( Chapter 3.5 added by Stats. 1989, Ch. 1313, Sec. 1. ) ## 5733. The Mental Health Master Plan shall include, but not be limited to, an analysis of all of the following: (a) The specific planning elements required by Public Law 99-660. (b) Identification of priority populations to be served and a definition of those priority populations. (c) Proposed methods of allocating resources which result in the most effective system of care possible for the priority populations. (d) Proposed methods of evaluating the effectiveness of current service delivery methods and the populations which are best served by these models of care. (e) Recommendations related to the governance and responsibilities of the state, county, or other administrative structures for the delivery of mental health programs which are cost-effective and provide the highest quality of care. (Added by Stats. 1989, Ch. 1313, Sec. 1.)
  128. 5750.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 4. Operation and Administration [5750 - 5772] ( Chapter 4 added by Stats. 1968, Ch. 989. )

    Verify source ↗

    The State Department of Health Care Services must administer this part and adopt standards, rules, and regulations for approving mental health 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 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 4. Operation and Administration [5750 - 5772] ( Chapter 4 added by Stats. 1968, Ch. 989. ) ## 5750. The State Department of Health Care Services shall administer this part and shall adopt standards for the approval of mental health services, and rules and regulations necessary thereto. However, these standards, rules, and regulations shall be adopted only after consultation with the County Behavioral Health Directors Association of California and the California Behavioral Health Planning Council. (Amended by Stats. 2017, Ch. 511, Sec. 10. (AB 1688) Effective January 1, 2018.)
  129. 5751.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 4. Operation and Administration [5750 - 5772] ( Chapter 4 added by Stats. 1968, Ch. 989. )

    Verify source ↗

    This section sets qualification rules for directors of local mental health services and lets the health services authorities set related standards and reporting details.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 4. Operation and Administration [5750 - 5772] ( Chapter 4 added by Stats. 1968, Ch. 989. ) ## 5751. (a) Regulations pertaining to the qualifications of directors of local mental health services shall be administered in accordance with Section 5607. These standards may include the maintenance of records of service which shall be reported to the State Department of Health Care Services in a manner and at times as it may specify. (b) Regulations pertaining to the position of director of local mental health services, where the local director is other than the local health officer or medical administrator of the county hospitals, shall require that the director be a psychiatrist, psychologist, clinical social worker, marriage and family therapist, professional clinical counselor, registered nurse, or hospital administrator, who meets standards of education and experience established by the Director of Health Care Services. Where the director is not a psychiatrist, the program shall have a psychiatrist licensed to practice medicine in this state and who shall provide to patients medical care and services as authorized by Section 2051 of the Business and Professions Code. (c) The regulations shall be adopted in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). (Amended by Stats. 2012, Ch. 34, Sec. 163. (SB 1009) Effective June 27, 2012.)
  130. 5751.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 4. Operation and Administration [5750 - 5772] ( Chapter 4 added by Stats. 1968, Ch. 989. )

    Verify source ↗

    Rules for local mental health services director positions must meet education and experience standards, be open to eligible disciplines based on competence, and, if the director is not a psychiatrist, the program must have a psychiatrist.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 4. Operation and Administration [5750 - 5772] ( Chapter 4 added by Stats. 1968, Ch. 989. ) ## 5751.1. Regulations pertaining to the position of director of local mental health services, where the local director is other than the local health officer or medical administrator of the county hospitals, shall require that the director meet the standards of education and experience established by the Director of Health Care Services and that the appointment be open on the basis of competence to all eligible disciplines pursuant to Section 5751. Regulations pertaining to the qualifications of directors of local mental health services shall be administered in accordance with Section 5607. Where the director of local mental health services is not a psychiatrist, the program shall have a psychiatrist licensed to practice medicine in this state and who shall provide to patients medical care and services as authorized by Section 2137 of the Business and Professions Code. (Amended by Stats. 2012, Ch. 34, Sec. 164. (SB 1009) Effective June 27, 2012.)
  131. 5751.2.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 4. Operation and Administration [5750 - 5772] ( Chapter 4 added by Stats. 1968, Ch. 989. )

    Verify source ↗

    People providing certain mental health services must have the required professional license, unless a stated exemption or waiver 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 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 4. Operation and Administration [5750 - 5772] ( Chapter 4 added by Stats. 1968, Ch. 989. ) ## 5751.2. (a) Except as provided in this section, persons employed or under contract to provide mental health services pursuant to this part, or pursuant to Article 5 (commencing with Section 14680) of Chapter 8.8 of, or Chapter 8.9 (commencing with Section 14700) of, Part 3 of Division 9, shall be subject to all applicable requirements of law regarding professional licensure, and no person shall be employed in local mental health programs pursuant to this part to provide services for which a license is required, unless the person possesses a valid license. (b) Persons employed as psychologists and clinical social workers, while continuing in their employment in the same class as of January 1, 1979, in the same program or facility, including those persons on authorized leave, but not including intermittent personnel, shall be exempt from the requirements of subdivision (a). (c) (1) While registered with the licensing board of jurisdiction for the purpose of acquiring the experience required for licensure, persons employed or under contract to provide mental health services pursuant to this part, or pursuant to Article 5 (commencing with Section 14680) of Chapter 8.8 of, or Chapter 8.9 (Commencing with Section 14700) of, Part 3 of Division 9, as clinical social workers, marriage and family therapists, or professional clinical counselors shall be exempt from subdivision (a). Registration shall be subject to regulations adopted by the appropriate licensing board. (2) For the purposes of this paragraph, “experience required for licensure” means experience that satisfies the requirements of Section 4996.23, 4980.43, or 4999.46 of the Business and Professions Code. (d) (1) The requirements of subdivision (a) shall be waived by the State Department of Health Care Services for persons employed or under contract to provide mental health services as psychologists pursuant to this part, or pursuant to Article 5 (commencing with Section 14680) of Chapter 8.8 of, or Chapter 8.9 (commencing with Section 14700) of, Part 3 of Division 9, who are gaining the experience required for licensure. A waiver granted under this subdivision shall not exceed five years from the date of employment by, or contract with, a local mental health program for persons in the profession of psychology. (2) For the purposes of this subdivision, “experience required for licensure” means experience that satisfies the requirements of subdivision (d) of Section 2914 of the Business and Professions Code. (e) The requirements of subdivision (a) shall be waived by the State Department of Health Care Services for persons employed or under contract to provide mental health services as psychologists, clinical social workers, marriage and family therapists, or professional clinical counselors pursuant to this part, or pursuant to Article 5 (commencing with Section 14680) of Chapter 8.8 of, or Chapter 8.9 (commencing with Section 14700) of, Part 3 of Division 9, who have been recruited for employment from outside this state and whose experience is sufficient to gain admission to a licensing examination. A waiver granted under this subdivision shall not exceed five years from the date of employment by, or contract with, a local mental health program for persons in these four professions who are recruited from outside this state. (f) (1) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department, without taking any further regulatory action, shall implement, interpret, or make specific this section by means of information notices, plan or provider bulletins, or similar instructions until the time that regulations are adopted. (2) The department shall adopt regulations on or before December 31, 2020, 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. (Amended by Stats. 2020, Ch. 279, Sec. 3. (AB 2253) Effective January 1, 2021.)
  132. 5751.7.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 4. Operation and Administration [5750 - 5772] ( Chapter 4 added by Stats. 1968, Ch. 989. )

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    State health agencies must try to keep minors out of psychiatric treatment with adults when feasible, and minors cannot be placed in the same ward as certain high-risk adults.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 4. Operation and Administration [5750 - 5772] ( Chapter 4 added by Stats. 1968, Ch. 989. ) ## 5751.7. (a) For the purposes of this part and the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000)), the State Department of Health Care Services and the State Department of State Hospitals shall ensure that, whenever feasible, minors shall not be admitted into psychiatric treatment with adults if the health facility has no specific separate housing arrangements, treatment staff, and treatment programs designed to serve children or adolescents. The Director of Health Care Services shall provide waivers to counties, upon their request, if this policy creates undue hardship in any county due to inadequate or unavailable alternative resources. In granting the waivers, the Director of Health Care Services shall require the county to establish specific treatment protocols and administrative procedures for identifying and providing appropriate treatment to minors admitted with adults. (b) However, notwithstanding any other provision of law, no minor may be admitted for psychiatric treatment into the same treatment ward as any adult receiving treatment who is in the custody of any jailor for a violent crime, is a known registered sex offender, or has a known history of, or exhibits inappropriate, sexual, or other violent behavior which would present a threat to the physical safety of minors. (Amended by Stats. 2013, Ch. 23, Sec. 46. (AB 82) Effective June 27, 2013.)
  133. 5755.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 4. Operation and Administration [5750 - 5772] ( Chapter 4 added by Stats. 1968, Ch. 989. )

    Verify source ↗

    The state mental health plan must be submitted to two councils for review and recommendations.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 4. Operation and Administration [5750 - 5772] ( Chapter 4 added by Stats. 1968, Ch. 989. ) ## 5755.1. The state mental health plan shall be submitted to the California Council on Mental Health and the Advisory Health Council or its successor for review and recommendations as to conformance with California’s comprehensive statewide health plan. The state mental health plan shall be submitted for review and recommendations prior to amendments or changes thereto. (Amended by Stats. 1985, Ch. 1232, Sec. 29. Effective September 30, 1985.)
  134. 5767.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 4. Operation and Administration [5750 - 5772] ( Chapter 4 added by Stats. 1968, Ch. 989. )

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    The department must strengthen and apply managed care principles statewide, after consulting a statewide organization representing county mental health services, to manage the Early Periodic Screening Diagnosis and Treatment Program benefit and maintain access for eligible Medi-Cal recipients.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 4. Operation and Administration [5750 - 5772] ( Chapter 4 added by Stats. 1968, Ch. 989. ) ## 5767. The department, in consultation with a statewide organization representing county mental health services, shall strengthen and ensure statewide application of managed care principles, building on existing county systems, to manage the Early Periodic Screening Diagnosis and Treatment Program benefit while ensuring access to eligible Medi-Cal recipients. (Added by Stats. 2002, Ch. 1161, Sec. 36. Effective September 30, 2002.)
  135. 5768.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 4. Operation and Administration [5750 - 5772] ( Chapter 4 added by Stats. 1968, Ch. 989. )

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    The department may let new programs operate without existing licensure rules, but only with listed limits and later review, approval, and potential licensing.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 4. Operation and Administration [5750 - 5772] ( Chapter 4 added by Stats. 1968, Ch. 989. ) ## 5768. (a) Notwithstanding any other provision of law, except as to requirements relating to fire and life safety of persons with mental illness, the State Department of Health Care Services, in its discretion, may permit new programs to be developed and implemented without complying with licensure requirements established pursuant to existing state law. (b) Any program developed and implemented pursuant to subdivision (a) shall be reviewed at least once each six months, as determined by the State Department of Health Care Services. (c) The State Department of Health Care Services may establish appropriate licensing requirements for these new programs upon a determination that the programs should be continued. (d) Within six years, any program shall require a licensure category if it is to be continued. However, in the event that any agency other than the State Department of Health Care Services is responsible for developing a licensure category and fails to do so within the six years, the program may continue to be developed and implemented pursuant to subdivisions (a) and (b) until such time that the licensure category is established. (e) (1) A nongovernmental entity proposing a program shall submit a program application and plan to the local mental health director that describes at least the following components: clinical treatment programs, activity programs, administrative policies and procedures, admissions, discharge planning, health records content, health records service, interdisciplinary treatment teams, client empowerment, patient rights, pharmaceutical services, program space requirements, psychiatric and psychological services, rehabilitation services, restraint and seclusion, space, supplies, equipment, and staffing standards. If the local mental health director determines that the application and plan are consistent with local needs and satisfactorily address the above components, he or she may approve the application and plan and forward them to the department. (2) Upon the State Department of Health Care Services’ approval, the local mental health director shall implement the program and shall be responsible for regular program oversight and monitoring. The department shall be notified in writing of the outcome of each review of the program by the local mental health director, or his or her designee, for compliance with program requirements. The department shall retain ultimate responsibility for approving the method for review of each program, and the authority for determining the appropriateness of the local program’s oversight and monitoring activities. (f) Governmental entities proposing a program shall submit a program application and plan to the State Department of Health Care Services that describes at least the components described in subdivision (e). Upon approval, the department shall be responsible for program oversight and monitoring. (g) Implementation of a program shall be contingent upon the State Department of Health Care Services’ approval, and the department may reject applications or require modifications as it deems necessary. The department shall respond to each proposal within 90 days of receipt. (h) The State Department of Health Care Services shall submit an evaluation to the Legislature of all pilot projects authorized pursuant to this section within five years of the commencement of operation of the pilot project, determining the effectiveness of that program or facility, or both, based on, but not limited to, changes in clinical indicators with respect to client functions. (Amended by Stats. 2013, Ch. 23, Sec. 47. (AB 82) Effective June 27, 2013.)
  136. 5768.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 4. Operation and Administration [5750 - 5772] ( Chapter 4 added by Stats. 1968, Ch. 989. )

    Verify source ↗

    When a mental health patient is discharged from a covered facility, the facility must give the patient and the patient’s representative a written aftercare plan before discharge.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 4. Operation and Administration [5750 - 5772] ( Chapter 4 added by Stats. 1968, Ch. 989. ) ## 5768.5. (a) When a mental health patient is being discharged from any facility authorized under Section 5675 or 5768, the patient and the patient’s conservator, guardian, or other legally authorized representative shall be given a written aftercare plan prior to the patient’s discharge from the facility. The written aftercare plan shall include, to the extent known, the following components: (1) The nature of the illness and followup required. (2) Medications, including side effects and dosage schedules. If the patient was given an informed consent form with his or her medications, the form shall satisfy the requirement for information on side effects of the medications. (3) Expected course of recovery. (4) Recommendations regarding treatment that are relevant to the patient’s care. (5) Referrals to providers of medical and mental health services. (6) Other relevant information. (b) The patient shall be advised by facility personnel that he or she may designate another person to receive a copy of the aftercare plan. A copy of the aftercare plan shall be given to any person designated by the patient. (c) For purposes of this section, “mental health patient” means a person who is admitted to the facility primarily for the diagnosis or treatment of a mental disorder. (Amended by Stats. 1999, Ch. 83, Sec. 200. Effective January 1, 2000.)
  137. 5769.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 4. Operation and Administration [5750 - 5772] ( Chapter 4 added by Stats. 1968, Ch. 989. )

    Verify source ↗

    If the director finds that a county’s personnel rules and procedures are delaying certain programs, the director must tell the county’s governing body.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 4. Operation and Administration [5750 - 5772] ( Chapter 4 added by Stats. 1968, Ch. 989. ) ## 5769. Whenever the director determines that a county’s personnel regulations and procedures are impediments to the timely implementation of programs developed and implemented pursuant to Section 5768, the director shall communicate such determination to the governing body of such county. (Added by Stats. 1975, Ch. 1105.)
  138. 5770.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 4. Operation and Administration [5750 - 5772] ( Chapter 4 added by Stats. 1968, Ch. 989. )

    Verify source ↗

    The State Department of Health Care Services may directly or by contract provide services under this division when the state determines they are needed to protect public health, safety, or welfare.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 4. Operation and Administration [5750 - 5772] ( Chapter 4 added by Stats. 1968, Ch. 989. ) ## 5770. Notwithstanding any other provision of law, the State Department of Health Care Services may directly, or by contract, with any public or private agency, provide any of the services under this division when the state determines that the services are necessary to protect the public health, safety, or welfare. (Amended by Stats. 2012, Ch. 34, Sec. 168. (SB 1009) Effective June 27, 2012.)
  139. 5770.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 4. Operation and Administration [5750 - 5772] ( Chapter 4 added by Stats. 1968, Ch. 989. )

    Verify source ↗

    The State Department of Health Care Services must encourage county mental health programs to develop and support local programs that help self-help groups.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 4. Operation and Administration [5750 - 5772] ( Chapter 4 added by Stats. 1968, Ch. 989. ) ## 5770.5. The State Department of Health Care Services shall encourage county mental health programs to develop and support local programs designed to provide technical assistance to self-help groups for the purposes of maintaining existing groups, as well as to stimulate development of new self-help groups from locally defined needs. (Amended by Stats. 2012, Ch. 34, Sec. 169. (SB 1009) Effective June 27, 2012.)
  140. 5771.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 4. Operation and Administration [5750 - 5772] ( Chapter 4 added by Stats. 1968, Ch. 989. )

    Verify source ↗

    This section creates the California Behavioral Health Planning Council and sets rules for its membership, appointments, leadership, terms, and how changes must be proposed if federal requirements or funding change.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 4. Operation and Administration [5750 - 5772] ( Chapter 4 added by Stats. 1968, Ch. 989. ) ## 5771. (a) Pursuant to Public Law 102-321, there is the California Behavioral Health Planning Council. The purpose of the planning council shall be to fulfill those mental health planning requirements mandated by federal law. (b) (1) The planning council shall have 40 members, to be comprised of members appointed from both the local and state levels in order to ensure a balance of state and local concerns relative to planning. (2) As required by federal law, eight members of the planning council shall represent various state departments. (3) Members of the planning council shall be appointed in a manner that will ensure that at least one-half are adults with serious mental illness, including persons who are dually diagnosed with serious mental illness and substance use disorders, family members of persons with serious mental illness, including adults who are dually diagnosed with serious mental illness and substance use disorders, family members of children with emotional disturbance, and representatives of organizations advocating on behalf of persons with mental illness, including persons who are dually diagnosed with mental illness and substance use disorders. Persons with serious mental illness, including persons who are dually diagnosed with serious mental illness and substance use disorders, and family members shall be represented in equal numbers. (4) The Director of Health Care Services shall make appointments from among nominees from various constituency organizations for mental health or mental health and substance use disorders, which shall include representatives of consumer-related advocacy organizations, representatives of professional and provider organizations for mental health or mental health and substance use disorders, and representatives who are direct service providers from both the public and private sectors. The director shall also appoint one representative of the California Coalition on Mental Health. The director shall also appoint the Executive Director of the California Commission on Aging or the executive director’s designee. (c) Members should be balanced according to demography, geography, gender, and ethnicity. Members should include representatives with interest in all target populations, including, but not limited to, children and youth, adults, and older adults. (d) The planning council shall annually elect a chairperson and a chair-elect. (e) The term of each member shall be three years, to be staggered so that approximately one-third of the appointments expire in each year. (f) In the event of changes in the federal requirements regarding the structure and function of the planning council, or the discontinuation of federal funding, the State Department of Health Care Services shall, with input from state-level advocacy groups, consumers, family members and providers, and other stakeholders, propose to the Legislature modifications in the structure of the planning council that the department deems appropriate. (Amended by Stats. 2024, Ch. 332, Sec. 3. (AB 2207) Effective January 1, 2025.)
  141. 5771.3.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 4. Operation and Administration [5750 - 5772] ( Chapter 4 added by Stats. 1968, Ch. 989. )

    Verify source ↗

    The California Behavioral Health Planning Council may use staff from the State Department of Health Care Services and from other public or private agencies if those staff are available and the agencies meet the stated 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 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 4. Operation and Administration [5750 - 5772] ( Chapter 4 added by Stats. 1968, Ch. 989. ) ## 5771.3. The California Behavioral Health Planning Council may utilize staff of the State Department of Health Care Services, to the extent they are available, and the staff of any other public or private agencies that have an interest in the mental health or substance use disorders, or both, of the public and that are able and willing to provide those services. (Amended by Stats. 2017, Ch. 511, Sec. 13. (AB 1688) Effective January 1, 2018.)
  142. 5771.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 4. Operation and Administration [5750 - 5772] ( Chapter 4 added by Stats. 1968, Ch. 989. )

    Verify source ↗

    The council chair must appoint an executive officer with majority concurrence; the council may also appoint additional staff within available funds and civil service rules, and the executive officer is exempt from civil service.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 4. Operation and Administration [5750 - 5772] ( Chapter 4 added by Stats. 1968, Ch. 989. ) ## 5771.5. (a) (1) The Chairperson of the California Behavioral Health Planning Council, with the concurrence of a majority of the members of the California Behavioral Health Planning Council, shall appoint an executive officer who shall have those powers delegated to him or her by the council in accordance with this chapter. (2) The executive officer shall be exempt from civil service. (b) Within the limit of funds allotted for these purposes, the California Behavioral Health Planning Council may appoint other staff it may require according to the rules and procedures of the civil service system. (Amended by Stats. 2017, Ch. 511, Sec. 14. (AB 1688) Effective January 1, 2018.)
  143. 5772.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 4. Operation and Administration [5750 - 5772] ( Chapter 4 added by Stats. 1968, Ch. 989. )

    Verify source ↗

    The California Behavioral Health Planning Council has broad powers to oversee, review, advise on, report about, and support mental health and substance use disorder programs, and must make changes to comply with federal law if grant funding is at risk.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. THE BRONZAN-MCCORQUODALE ACT [5600 - 5772] ( Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14. ) ## CHAPTER 4. Operation and Administration [5750 - 5772] ( Chapter 4 added by Stats. 1968, Ch. 989. ) ## 5772. The California Behavioral Health Planning Council shall have the powers and authority necessary to carry out the duties imposed upon it by this chapter, including, but not limited to, the following: (a) To advocate for effective, quality mental health and substance use disorder programs. (b) To review, assess, and make recommendations regarding all components of California’s mental health and substance use disorder systems, and to report as necessary to the Legislature, the State Department of Health Care Services, local boards, and local programs. (c) To review program performance in delivering mental health and substance use disorder services by annually reviewing performance outcome data as follows: (1) To review and approve the performance outcome measures. (2) To review the performance of mental health and substance use disorder programs based on performance outcome data and other reports from the State Department of Health Care Services and other sources. (3) To report findings and recommendations on the performance of programs annually to the Legislature, the State Department of Health Care Services, and the local boards, and to post those findings and recommendations annually on its Internet Web site. (4) To identify successful programs for recommendation and for consideration of replication in other areas. As data and technology are available, identify programs experiencing difficulties. (d) When appropriate, make a finding pursuant to Section 5655 that a county’s performance in delivering mental health services is failing in a substantive manner. The State Department of Health Care Services shall investigate and review the finding, and report the action taken to the Legislature. (e) To advise the Legislature, the State Department of Health Care Services, and county boards on mental health and substance use disorder issues and the policies and priorities that this state should be pursuing in developing its mental health and substance use disorder health systems. (f) To periodically review the state’s data systems and paperwork requirements to ensure that they are reasonable and in compliance with state and federal law. (g) To make recommendations to the State Department of Health Care Services on the award of grants to county programs to reward and stimulate innovation in providing mental health and substance use disorder services. (h) To conduct public hearings on the state mental health plan, the Substance Abuse and Mental Health Services Administration block grant, and other topics, as needed. (i) In conjunction with other statewide and local mental health and substance use disorder organizations, assist in the coordination of training and information to local mental health boards as needed to ensure that they can effectively carry out their duties. (j) To advise the Director of Health Care Services on the development of the state mental health plan and the system of priorities contained in that plan. (k) To assess periodically the effect of realignment of mental health services and any other important changes in the state’s mental health and substance use disorder systems, and to report its findings to the Legislature, the State Department of Health Care Services, local programs, and local boards, as appropriate. (l) To suggest rules, regulations, and standards for the administration of this division. (m) When requested, to mediate disputes between counties and the state arising under this part. (n) To employ administrative, technical, and other personnel necessary for the performance of its powers and duties, subject to the approval of the Department of Finance. (o) To accept any federal fund granted, by act of Congress or by executive order, for purposes within the purview of the California Behavioral Health Planning Council, subject to the approval of the Department of Finance. (p) To accept any gift, donation, bequest, or grants of funds from private and public agencies for all or any of the purposes within the purview of the California Behavioral Health Planning Council, subject to the approval of the Department of Finance. (q) Notwithstanding subdivisions (a), (c), (e), (g), and (i), in the event that the State Department of Health Care Services determines that California’s Community Mental Health Services Block Grant funding pursuant to Section 300x et seq. of Title 42 of the United States Code is in jeopardy due to the California Behavioral Health Planning Council’s noncompliance with the requirements specified in Public Law 102-321, the State Department of Health Care Services shall notify and consult with the California Behavioral Health Planning Council, and the California Behavioral Health Planning Council shall make the changes necessary to comply with federal law. (r) The Legislature finds and declares that the amendments made to subdivisions (a), (b), (c), (e), (g), (i), and (k) by the act that added this subdivision are consistent with Section 5892. (Amended by Stats. 2017, Ch. 511, Sec. 15. (AB 1688) Effective January 1, 2018.)
  144. 5800.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 3. ADULT AND OLDER ADULT MENTAL HEALTH SYSTEM OF CARE ACT [5800 - 5815] ( Part 3 repealed and added by Stats. 1996, Ch. 153, Sec. 2. )

    Verify source ↗

    This section names the part as the Adult and Older Adult Mental Health System of Care Act and says it may be cited by that name.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 3. ADULT AND OLDER ADULT MENTAL HEALTH SYSTEM OF CARE ACT [5800 - 5815] ( Part 3 repealed and added by Stats. 1996, Ch. 153, Sec. 2. ) ## 5800. This part shall be known and may be cited as the Adult and Older Adult Mental Health System of Care Act. (Repealed and added by Stats. 1996, Ch. 153, Sec. 2. Effective January 1, 1997.)
  145. 5801.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 3. ADULT AND OLDER ADULT MENTAL HEALTH SYSTEM OF CARE ACT [5800 - 5815] ( Part 3 repealed and added by Stats. 1996, Ch. 153, Sec. 2. ) ## ARTICLE 1. Legislative Findings and Intent [5801 - 5802] ( Article 1 added by Stats. 1996, Ch. 153, Sec. 2. )

    Verify source ↗

    This section states the Legislature’s intent for adult and older adult mental health care, including community-based services, client participation, and accountability.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 3. ADULT AND OLDER ADULT MENTAL HEALTH SYSTEM OF CARE ACT [5800 - 5815] ( Part 3 repealed and added by Stats. 1996, Ch. 153, Sec. 2. ) ## ARTICLE 1. Legislative Findings and Intent [5801 - 5802] ( Article 1 added by Stats. 1996, Ch. 153, Sec. 2. ) ## 5801. (a) A system of care for adults and older adults with severe mental illness results in the highest benefit to the client, family, and community while ensuring that the public sector meets its legal responsibility and fiscal liability at the lowest possible cost. (b) The underlying philosophy for these systems of care includes the following: (1) Mental health care is a basic human service. (2) Adults and older adults with a serious mental health condition are citizens of a community with all the rights, privileges, opportunities, and responsibilities accorded other citizens. (3) Adults and older adults with a serious mental health condition usually have multiple disabling conditions and should have the highest priority among adults for mental health services. (4) Adults and older adults with a serious mental health condition should have an interagency network of services with multiple points of access and be assigned a single person or team to be responsible for all treatment, case management, and community support services. (5) The client should be fully informed and volunteer for all treatment provided, unless danger to self or others or grave disability requires temporary involuntary treatment, or the client is under a court order for assisted outpatient treatment pursuant to Section 5346 and, prior to the filing of the petition for assisted outpatient treatment pursuant to Section 5346, the client has been offered an opportunity to participate in treatment on a voluntary basis and has failed to engage in that treatment, or the client is under a court order for CARE pursuant to Part 8 (commencing with Section 5970) and, prior to the court-ordered CARE plan, the client has been offered an opportunity to enter into a CARE agreement on a voluntary basis and has declined to do so. (6) Clients and families should directly participate in making decisions about services and resource allocations that affect their lives. (7) People in local communities are the most knowledgeable regarding their particular environments, issues, service gaps and strengths, and opportunities. (8) Mental health services should be responsive to the unique characteristics of people with a mental health condition, including age, gender, minority and ethnic status, and the effect of multiple conditions. (9) For the majority of adults and older adults with a serious mental health condition, treatment is best provided in the client’s natural setting in the community. Treatment, case management, and community support services should be designed to prevent inappropriate removal from the natural environment to more restrictive and costly placements. (10) Mental health systems of care shall have measurable goals and be fully accountable by providing measures of client outcomes and cost of services. (11) State and county government agencies each have responsibilities and fiscal liabilities for adults and older adults with a serious mental health condition. (Amended by Stats. 2024, Ch. 948, Sec. 42. (AB 2119) Effective January 1, 2025.)
  146. 5802.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 3. ADULT AND OLDER ADULT MENTAL HEALTH SYSTEM OF CARE ACT [5800 - 5815] ( Part 3 repealed and added by Stats. 1996, Ch. 153, Sec. 2. ) ## ARTICLE 1. Legislative Findings and Intent [5801 - 5802] ( Article 1 added by Stats. 1996, Ch. 153, Sec. 2. )

    Verify source ↗

    The Legislature states that California should develop and support a coordinated mental health system of care for adults and older adults with serious mental illness.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 3. ADULT AND OLDER ADULT MENTAL HEALTH SYSTEM OF CARE ACT [5800 - 5815] ( Part 3 repealed and added by Stats. 1996, Ch. 153, Sec. 2. ) ## ARTICLE 1. Legislative Findings and Intent [5801 - 5802] ( Article 1 added by Stats. 1996, Ch. 153, Sec. 2. ) ## 5802. (a) The Legislature finds that a mental health system of care for adults and older adults with severe and persistent mental illness is vital for successful management of mental health care in California. Specifically: (1) A comprehensive and coordinated system of care includes community-based treatment, outreach services and other early intervention strategies, case management, and interagency system components required by adults and older adults with severe and persistent mental illness. (2) Adults and older adults with a mental health condition receive service from many different state and county agencies, particularly criminal justice, employment, housing, public welfare, health, and mental health. In a system of care these agencies collaborate in order to deliver integrated and cost-effective programs. (3) The recovery of persons with severe mental illness and their financial means are important for all levels of government, business, and the community. (4) System of care services that ensure culturally competent care for persons with severe mental illness in the most appropriate, least restrictive level of care are necessary to achieve the desired performance outcomes. (5) Mental health service providers need to increase accountability and further develop methods to measure progress towards client outcome goals and cost-effectiveness as required by a system of care. (b) The Legislature further finds that the adult system of care model, beginning in the 1989–90 fiscal year through the implementation of Chapter 982 of the Statutes of 1988, provides models for adults and older adults with severe mental illness that can meet the performance outcomes required by the Legislature. (c) The Legislature also finds that the system components established in adult systems of care are of value in providing greater benefit to adults and older adults with severe and persistent mental illness at a lower cost in California. (d) Therefore, using the guidelines and principles developed under the demonstration projects implemented under the adult system of care legislation in 1989, it is the intent of the Legislature to accomplish the following: (1) Encourage each county to implement a system of care as described in this legislation for the delivery of mental health services to adults and older adults with a serious mental illness. (2) To promote a system of care accountability for performance outcomes that enable adults with severe mental illness to reduce symptoms that impair their ability to live independently, work, maintain community supports, care for their children, stay in good health, not misuse drugs or alcohol, and not commit crimes. (3) Maintain funding for the existing pilot adult system of care programs that meet contractual goals as models and technical assistance resources for future expansion of system of care programs to other counties as funding becomes available. (4) Provide funds for counties to establish outreach programs and to provide mental health services and related medications, substance use disorder services, supportive housing or other housing assistance, vocational rehabilitation, and other nonmedical programs necessary to stabilize persons who are experiencing homelessness with a mental health condition or persons with a mental health condition who are at risk of being homeless, get them off the street, and into treatment and recovery, or to provide access to veterans’ services that will also provide for treatment and recovery. (Amended by Stats. 2024, Ch. 948, Sec. 43.5. (AB 2119) Effective January 1, 2025.)
  147. 5803.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 3. ADULT AND OLDER ADULT MENTAL HEALTH SYSTEM OF CARE ACT [5800 - 5815] ( Part 3 repealed and added by Stats. 1996, Ch. 153, Sec. 2. ) ## ARTICLE 2. Establishing New County Systems of Care [5803 - 5809] ( Article 2 added by Stats. 1996, Ch. 153, Sec. 2. )

    Verify source ↗

    When new state funds are available, the State Department of Health Care Services must issue a request for proposals by October 1, and proposals need required approvals and evaluation procedures.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 3. ADULT AND OLDER ADULT MENTAL HEALTH SYSTEM OF CARE ACT [5800 - 5815] ( Part 3 repealed and added by Stats. 1996, Ch. 153, Sec. 2. ) ## ARTICLE 2. Establishing New County Systems of Care [5803 - 5809] ( Article 2 added by Stats. 1996, Ch. 153, Sec. 2. ) ## 5803. (a) The State Department of Health Care Services shall issue a request for proposals to develop system of care programs no later than October 1 in any year in which the state budget provides new funds to expand the system of care provided for in this chapter. The request for proposals shall include the following: (1) Proposals may be submitted as a regional system of care by counties acting jointly, independent countywide proposals, and proposals to serve discrete geographic areas within counties or for a specific integrated services agency team. Nothing in the request for proposal shall be construed to restrict a county from contracting for part or all services included in the demonstration project proposal. (2) The department shall establish reporting requirements for direct and indirect costs, and these requirements may be included in the request for proposals. (3) The department shall require that proposals identify resources necessary to measure client and cost outcome and interagency collaboration. Proposal guidelines shall clearly require identification of procedures to document outcomes. (4) Proposals must be approved by the board of supervisors and the local mental health board or commission. (b) The director shall prepare a method for rating proposals to assure objectivity and selection of the best qualified applications. New proposals shall be selected with consideration of regional balance across the state. (c) The State Department of Health Care Services shall fund counties with integrated service agencies or countywide systems of care funded under Chapter 982 of the Statutes of 1988, operating at the time of passage of this part. Those programs shall be funded under the provisions paragraph (2) of subdivision (a) of Section 5700 and shall be subject to all of the requirements and sanctions of this part. (Amended by Stats. 2012, Ch. 34, Sec. 186. (SB 1009) Effective June 27, 2012.)
  148. 5807.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 3. ADULT AND OLDER ADULT MENTAL HEALTH SYSTEM OF CARE ACT [5800 - 5815] ( Part 3 repealed and added by Stats. 1996, Ch. 153, Sec. 2. ) ## ARTICLE 2. Establishing New County Systems of Care [5803 - 5809] ( Article 2 added by Stats. 1996, Ch. 153, Sec. 2. )

    Verify source ↗

    The State Department of Health Care Services must require funded counties to develop interagency collaboration to support the service and outcome goals in 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 3. ADULT AND OLDER ADULT MENTAL HEALTH SYSTEM OF CARE ACT [5800 - 5815] ( Part 3 repealed and added by Stats. 1996, Ch. 153, Sec. 2. ) ## ARTICLE 2. Establishing New County Systems of Care [5803 - 5809] ( Article 2 added by Stats. 1996, Ch. 153, Sec. 2. ) ## 5807. (a) The State Department of Health Care Services shall require counties which receive funding to develop interagency collaboration with shared responsibilities for services under this part and achievement of the client and cost outcome goals and interagency collaboration goals specified. (b) Collaborative activities shall include: (1) Identification of those agencies that have a significant joint responsibility for the target population and ensuring collaboration on planning for services to that population. (2) Identification of gaps in services to members of the target population, development of policies to assure service effectiveness and continuity, and setting priorities for interagency services. (3) Implementation of public and private collaborative programs whenever possible to better serve the target population. (4) Provision of interagency case management services to coordinate resources to target population members who are using the services of more than one agency. (5) Coordination with federal agencies responsible for providing veterans’ services, as well as national, state, and local nonprofit organizations that provide veterans’ services, to maximize the integration of services and to eliminate duplicative efforts. (Amended by Stats. 2012, Ch. 34, Sec. 190. (SB 1009) Effective June 27, 2012.)
  149. 5808.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 3. ADULT AND OLDER ADULT MENTAL HEALTH SYSTEM OF CARE ACT [5800 - 5815] ( Part 3 repealed and added by Stats. 1996, Ch. 153, Sec. 2. ) ## ARTICLE 2. Establishing New County Systems of Care [5803 - 5809] ( Article 2 added by Stats. 1996, Ch. 153, Sec. 2. )

    Verify source ↗

    Participating counties must collect reimbursement from clients for mental health 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 3. ADULT AND OLDER ADULT MENTAL HEALTH SYSTEM OF CARE ACT [5800 - 5815] ( Part 3 repealed and added by Stats. 1996, Ch. 153, Sec. 2. ) ## ARTICLE 2. Establishing New County Systems of Care [5803 - 5809] ( Article 2 added by Stats. 1996, Ch. 153, Sec. 2. ) ## 5808. In order to reduce the state and county cost of a mental health system of care, participating counties shall collect reimbursement for services from clients which shall be the same as patient fees established pursuant to Section 5710, fees paid by private or public third-party payers, federal financial participation for Medicaid or Medicare services or veterans’ services, and other financial sources when available. (Amended by Stats. 2008, Ch. 591, Sec. 4. Effective January 1, 2009.)
  150. 5809.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 3. ADULT AND OLDER ADULT MENTAL HEALTH SYSTEM OF CARE ACT [5800 - 5815] ( Part 3 repealed and added by Stats. 1996, Ch. 153, Sec. 2. ) ## ARTICLE 2. Establishing New County Systems of Care [5803 - 5809] ( Article 2 added by Stats. 1996, Ch. 153, Sec. 2. )

    Verify source ↗

    The State Department of Health Care Services must work with participating counties and other interested parties to refine and establish outcome goals for county systems 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 3. ADULT AND OLDER ADULT MENTAL HEALTH SYSTEM OF CARE ACT [5800 - 5815] ( Part 3 repealed and added by Stats. 1996, Ch. 153, Sec. 2. ) ## ARTICLE 2. Establishing New County Systems of Care [5803 - 5809] ( Article 2 added by Stats. 1996, Ch. 153, Sec. 2. ) ## 5809. The State Department of Health Care Services shall continue to work with participating counties and other interested parties to refine and establish client and cost outcome and interagency collaboration goals including the expected level of attainment with participating system of care counties. These outcome measures should include specific objectives addressing the following goals: (a) Client benefit outcomes. (b) Client and family member satisfaction. (c) System of care access. (d) Cost savings, cost avoidance, and cost-effectiveness outcomes that measure short-term or long-term cost savings and cost avoidance achieved in public sector expenditures to the target population. (Amended by Stats. 2012, Ch. 34, Sec. 191. (SB 1009) Effective June 27, 2012.)
  151. 5813.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 3. ADULT AND OLDER ADULT MENTAL HEALTH SYSTEM OF CARE ACT [5800 - 5815] ( Part 3 repealed and added by Stats. 1996, Ch. 153, Sec. 2. ) ## ARTICLE 4. Financial Participation [5813 - 5815] ( Article 4 added by Stats. 1996, Ch. 153, Sec. 2. )

    Verify source ↗

    County participation under this part is 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 3. ADULT AND OLDER ADULT MENTAL HEALTH SYSTEM OF CARE ACT [5800 - 5815] ( Part 3 repealed and added by Stats. 1996, Ch. 153, Sec. 2. ) ## ARTICLE 4. Financial Participation [5813 - 5815] ( Article 4 added by Stats. 1996, Ch. 153, Sec. 2. ) ## 5813. County participation under this part shall be voluntary. (Repealed and added by Stats. 1996, Ch. 153, Sec. 2. Effective January 1, 1997.)
  152. 5813.6.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 3. ADULT AND OLDER ADULT MENTAL HEALTH SYSTEM OF CARE ACT [5800 - 5815] ( Part 3 repealed and added by Stats. 1996, Ch. 153, Sec. 2. ) ## ARTICLE 4. Financial Participation [5813 - 5815] ( Article 4 added by Stats. 1996, Ch. 153, Sec. 2. )

    Verify source ↗

    The Director of Health Care Services must send annual budget and spending information to the Legislature, and must give advance notice before spending Proposition 63 local assistance funds above the May Revision projection.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 3. ADULT AND OLDER ADULT MENTAL HEALTH SYSTEM OF CARE ACT [5800 - 5815] ( Part 3 repealed and added by Stats. 1996, Ch. 153, Sec. 2. ) ## ARTICLE 4. Financial Participation [5813 - 5815] ( Article 4 added by Stats. 1996, Ch. 153, Sec. 2. ) ## 5813.6. (a) (1) By July 1 of each year, the Director of Health Care Services shall submit to the Legislature final budget enactment information regarding the expenditure of Proposition 63 funding for each state department, and for each major program category specified in the measure, for local assistance. (2) This shall include actual past-year expenditures, estimated current-year expenditures, and projected budget-year expenditures of local assistance funding. (3) It shall also include a complete listing of state support expenditures for the current year and for the budget year by the State Department of Health Care Services, including the number of state positions and any contract funds. (4) A description of these state expenditures shall accompany the fiscal information the director is required to submit to the Legislature pursuant to this section. (b) (1) During each fiscal year, the Director of Health Care Services shall submit to the fiscal committees of the Legislature, 30 days in advance, written notice of the intention to expend Proposition 63 local assistance funding in excess of the amounts presented in its May Revision projection for that fiscal year. (2) The written notice shall include information regarding the amount of the additional spending and its purpose. (Amended by Stats. 2023, Ch. 790, Sec. 41. (SB 326) Effective October 12, 2023.)
  153. 5814.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 3. ADULT AND OLDER ADULT MENTAL HEALTH SYSTEM OF CARE ACT [5800 - 5815] ( Part 3 repealed and added by Stats. 1996, Ch. 153, Sec. 2. ) ## ARTICLE 4. Financial Participation [5813 - 5815] ( Article 4 added by Stats. 1996, Ch. 153, Sec. 2. )

    Verify source ↗

    This section ties program implementation and county grants to available appropriated funds, sets grant priorities, and imposes reporting, oversight, and contract rules on the department and counties.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 3. ADULT AND OLDER ADULT MENTAL HEALTH SYSTEM OF CARE ACT [5800 - 5815] ( Part 3 repealed and added by Stats. 1996, Ch. 153, Sec. 2. ) ## ARTICLE 4. Financial Participation [5813 - 5815] ( Article 4 added by Stats. 1996, Ch. 153, Sec. 2. ) ## 5814. (a) (1) This part shall be implemented only to the extent that funds are appropriated for purposes of this part. To the extent that funds are made available, the first priority shall go to maintain funding for the existing programs that meet adult system of care contract goals. The next priority for funding shall be given to counties with a high incidence of persons who have a serious mental health condition and are homeless or at risk of homelessness, and meet the criteria developed pursuant to paragraphs (3) and (4). (2) The Director of Health Care Services shall establish a methodology for awarding grants under this part consistent with the legislative intent expressed in Section 5802, and in consultation with the advisory committee established in this subdivision. (3) (A) The Director of Health Care Services shall establish an advisory committee for the purpose of providing advice regarding the development of criteria for the award of grants, and the identification of specific performance measures for evaluating the effectiveness of grants. The committee shall review evaluation reports and make findings on evidence-based best practices and recommendations for grant conditions. At not less than one meeting annually, the advisory committee shall provide to the director written comments on the performance of each of the county programs. Upon request by the department, each participating county that is the subject of a comment shall provide a written response to the comment. The department shall comment on each of these responses at a subsequent meeting. (B) The committee shall include, but not be limited to, representatives from state, county, and community veterans’ services and disabled veterans outreach programs, supportive housing and other housing assistance programs, law enforcement, county mental health and private providers of local mental health services and mental health outreach services, the Department of Corrections and Rehabilitation, local substance use disorder services providers, the Department of Rehabilitation, providers of local employment services, the State Department of Social Services, the Department of Housing and Community Development, a service provider to transition youth, the United Advocates for Children of California, the California Mental Health Advocates for Children and Youth, the Mental Health Association of California, the California Alliance for the Mentally Ill, the California Network of Mental Health Clients, the California Behavioral Health Planning Council, the Behavioral Health Services Oversight and Accountability Commission, and other appropriate entities. (4) The criteria for the award of grants shall include, but not be limited to, all of the following: (A) A description of a comprehensive strategic plan for providing outreach, prevention, intervention, and evaluation in a cost-appropriate manner corresponding to the criteria specified in subdivision (c). (B) A description of the local population to be served, ability to administer an effective service program, and the degree to which local agencies and advocates will support and collaborate with program efforts. (C) A description of efforts to maximize the use of other state, federal, and local funds or services that can support and enhance the effectiveness of these programs. (5) In order to reduce the cost of providing supportive housing for clients, counties that receive a grant pursuant to this part after January 1, 2004, shall enter into contracts with sponsors of supportive housing projects to the greatest extent possible. Participating counties are encouraged to commit a portion of their grants to rental assistance for a specified number of housing units in exchange for the counties’ clients having the right of first refusal to rent the assisted units. (b) In each year in which additional funding is provided by the annual Budget Act, the State Department of Health Care Services shall establish programs that offer individual counties sufficient funds to comprehensively serve adults with a serious mental health condition who are homeless, recently released from a county jail or the state prison, or others who are untreated, unstable, and at significant risk of incarceration or homelessness unless treatment is provided to them. In consultation with the advisory committee established pursuant to paragraph (3) of subdivision (a), the department shall report to the Legislature on or before May 1 of each year in which additional funding is provided, and shall evaluate, at a minimum, the effectiveness of the strategies in providing successful outreach and reducing homelessness, involvement with local law enforcement, and other measures identified by the department. The evaluation shall include for each program funded in the current fiscal year as much of the following as available information permits: (1) The number of persons served, and of those, the number who receive extensive community mental health services. (2) The number of persons who are able to maintain housing, including the type of housing and whether it is emergency, transitional, or permanent housing, as defined by the department. (3) (A) The amount of grant funding spent on each type of housing. (B) Other local, state, or federal funds or programs used to house clients. (4) The number of persons with contacts with local law enforcement and the extent to which local and state incarceration has been reduced or avoided. (5) The number of persons participating in employment service programs including competitive employment. (6) The number of persons contacted in outreach efforts who appear to have a serious mental health condition, as described in Section 5600.3, who have refused treatment after completion of all applicable outreach measures. (7) The amount of hospitalization that has been reduced or avoided. (8) The extent to which veterans identified through these programs’ outreach are receiving federally funded veterans’ services for which they are eligible. (9) The extent to which programs funded for three or more years are making a measurable and significant difference on the street, in hospitals, and in jails, as compared to other counties or as compared to those counties in previous years. (10) For those who have been enrolled in this program for at least two years and who were enrolled in Medi-Cal prior to, and at the time they were enrolled in, this program, a comparison of their Medi-Cal hospitalizations and other Medi-Cal costs for the two years prior to enrollment and the two years after enrollment in this program. (11) The number of persons served who were and were not receiving Medi-Cal benefits in the 12-month period prior to enrollment and, to the extent possible, the number of emergency room visits and other medical costs for those not enrolled in Medi-Cal in the prior 12-month period. (c) To the extent that state savings associated with providing integrated services for persons with a mental health condition are quantified, it is the intent of the Legislature to capture those savings in order to provide integrated services to additional adults. (d) Each project shall include outreach and service grants in accordance with a contract between the state and approved counties that reflects the number of anticipated contacts with people who are homeless or at risk of homelessness, and the number of those who have a serious mental health condition and who are likely to be successfully referred for treatment and will remain in treatment as necessary. (e) All counties that receive funding shall be subject to specific terms and conditions of oversight and training, which shall be developed by the department, in consultation with the advisory committee. (f) (1) As used in this part, “receiving extensive mental health services” means having a personal services coordinator, as described in subdivision (b) of Section 5806, and having an individual personal service plan, as described in subdivision (c) of Section 5806. (2) The funding provided pursuant to this part shall be sufficient to provide mental health services, medically necessary medications to treat severe mental illnesses, alcohol and drug services, transportation, supportive housing and other housing assistance, vocational rehabilitation and supported employment services, money management assistance for accessing other health care and obtaining federal income and housing support, accessing veterans’ services, stipends, and other incentives to attract and retain sufficient numbers of qualified professionals as necessary to provide the necessary levels of these services. These grants shall, however, pay for only that portion of the costs of those services not otherwise provided by federal funds or other state funds. (3) Methods used by counties to contract for services pursuant to paragraph (2) shall promote prompt and flexible use of funds, consistent with the scope of services for which the county has contracted with each provider. (g) Contracts awarded pursuant to this part shall be exempt from the Public Contract Code and the state administrative manual and shall not be subject to the approval of the Department of General Services. (h) Notwithstanding any other provision of law, funds awarded to counties pursuant to this part and Part 4 (commencing with Section 5850) shall not require a local match in funds. (Amended by Stats. 2025, Ch. 243, Sec. 12. (SB 862) Effective January 1, 2026.)
  154. 5814.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 3. ADULT AND OLDER ADULT MENTAL HEALTH SYSTEM OF CARE ACT [5800 - 5815] ( Part 3 repealed and added by Stats. 1996, Ch. 153, Sec. 2. ) ## ARTICLE 4. Financial Participation [5813 - 5815] ( Article 4 added by Stats. 1996, Ch. 153, Sec. 2. )

    Verify source ↗

    This section sets conditions for counties and some cities to receive grant funding for adult and forensic mental health programs, and requires reporting, review, and use-of-funds safeguards.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 3. ADULT AND OLDER ADULT MENTAL HEALTH SYSTEM OF CARE ACT [5800 - 5815] ( Part 3 repealed and added by Stats. 1996, Ch. 153, Sec. 2. ) ## ARTICLE 4. Financial Participation [5813 - 5815] ( Article 4 added by Stats. 1996, Ch. 153, Sec. 2. ) ## 5814.5. (a) (1) In any year in which funds are appropriated for this purpose through the annual Budget Act, counties funded under this part in the 1999–2000 fiscal year are eligible for funding to continue their programs if they have successfully demonstrated the effectiveness of their grants received in that year and to expand their programs if they also demonstrate significant continued unmet need and capacity for expansion without compromising quality or effectiveness of care. (2) In any year in which funds are appropriated for this purpose through the annual Budget Act, other counties or portions of counties, or cities that operate independent public mental health programs pursuant to Section 5615 of the Welfare and Institutions Code, are eligible for funding to establish programs if a county or eligible city demonstrates that it can provide comprehensive services, as set forth in this part, to a substantial number of adults who have a severe mental illness, as defined in Section 5600.3, and are homeless or recently released from the county jail or who are untreated, unstable, and at significant risk of incarceration or homelessness unless treatment is provided. (b) (1) Counties eligible for funding pursuant to subdivision (a) shall be those that have or can develop integrated adult service programs that meet the criteria for an adult system of care, as set forth in Section 5806, and that have, or can develop, integrated forensic programs with similar characteristics for parolees and those recently released from county jail who meet the target population requirements of Section 5600.3 and are at risk of incarceration unless the services are provided. Before a city or county submits a proposal to the state to establish or expand a program, the proposal shall be reviewed by a local advisory committee or mental health board, which may be an existing body, that includes clients, family members, private providers of services, and other relevant stakeholders. Local enrollment for integrated adult service programs and for integrated forensic programs funded pursuant to subdivision (a) shall adhere to all conditions set forth by the department, including the total number of clients to be enrolled, the providers to which clients are enrolled and the maximum cost for each provider, the maximum number of clients to be served at any one time, the outreach and screening process used to identify enrollees, and the total cost of the program. Local enrollment of each individual for integrated forensic programs shall be subject to the approval of the county behavioral health director or their designee. (2) Each county shall ensure that funds provided by these grants are used to expand existing integrated service programs that meet the criteria of the adult system of care to provide new services in accordance with the purpose for which they were appropriated and allocated, and that none of these funds shall be used to supplant existing services to adults with a serious mental health condition. To ensure that this requirement is met, the department shall develop methods and contractual requirements, as it determines necessary. At a minimum, these assurances shall include that state and federal requirements regarding tracking of funds are met and that patient records are maintained in a manner that protects privacy and confidentiality, as required under federal and state law. (c) Each county selected to receive a grant pursuant to this section shall provide data as the department may require, that demonstrates the outcomes of the adult system of care programs, shall specify the additional numbers of adults with a severe mental health condition to whom they will provide comprehensive services for each million dollars of additional funding that may be awarded through either an integrated adult service grant or an integrated forensic grant, and shall agree to provide services in accordance with Section 5806. Each county’s plan shall identify and include sufficient funding to provide housing for the individuals to be served, and shall ensure that hospitalization of an individual participating in the program is coordinated with the provision of other mental health services provided under the program. (Amended by Stats. 2024, Ch. 948, Sec. 47. (AB 2119) Effective January 1, 2025.)
  155. 5815.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 3. ADULT AND OLDER ADULT MENTAL HEALTH SYSTEM OF CARE ACT [5800 - 5815] ( Part 3 repealed and added by Stats. 1996, Ch. 153, Sec. 2. ) ## ARTICLE 4. Financial Participation [5813 - 5815] ( Article 4 added by Stats. 1996, Ch. 153, Sec. 2. )

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    The State Department of Health Care Services must seek all available federal funding for veterans’ mental health 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 3. ADULT AND OLDER ADULT MENTAL HEALTH SYSTEM OF CARE ACT [5800 - 5815] ( Part 3 repealed and added by Stats. 1996, Ch. 153, Sec. 2. ) ## ARTICLE 4. Financial Participation [5813 - 5815] ( Article 4 added by Stats. 1996, Ch. 153, Sec. 2. ) ## 5815. The State Department of Health Care Services shall seek all available federal funding for mental health services for veterans. (Amended by Stats. 2012, Ch. 34, Sec. 195. (SB 1009) Effective June 27, 2012.)
  156. 5820.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 3.1. HUMAN RESOURCES, EDUCATION, AND TRAINING PROGRAMS [5820 - 5822] ( Part 3.1 added November 2, 2004, by initiative Proposition 63, Sec. 8. )

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    County mental health programs must submit needs assessments, and state officials must identify statewide workforce needs and develop five-year training plans.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 3.1. HUMAN RESOURCES, EDUCATION, AND TRAINING PROGRAMS [5820 - 5822] ( Part 3.1 added November 2, 2004, by initiative Proposition 63, Sec. 8. ) ## 5820. (a) It is the intent of this part to establish a program with dedicated funding to remedy the shortage of qualified individuals to provide services to address severe mental illnesses. (b) Each county mental health program shall submit to the Office of Statewide Health Planning and Development a needs assessment identifying its shortages in each professional and other occupational category in order to increase the supply of professional staff and other staff that county mental health programs anticipate they will require in order to provide the increase in services projected to serve additional individuals and families pursuant to Part 3 (commencing with Section 5800), Part 3.2 (commencing with Section 5830), Part 3.6 (commencing with Section 5840), and Part 4 (commencing with Section 5850) of this division. For purposes of this part, employment in California’s public mental health system includes employment in private organizations providing publicly funded mental health services. (c) The Office of Statewide Health Planning and Development, in coordination with the California Behavioral Health Planning Council, shall identify the total statewide needs for each professional and other occupational category utilizing county needs assessment information and develop a five-year education and training development plan. (d) Development of the first five-year plan shall commence upon enactment of the initiative. Subsequent plans shall be adopted every five years, with the next five-year plan due as of April 1, 2014. (e) Each five-year plan shall be reviewed and approved by the California Behavioral Health Planning Council. (Amended by Stats. 2017, Ch. 511, Sec. 17. (AB 1688) Effective January 1, 2018. Note: This section was added on Nov. 2, 2004, by initiative Prop. 63.)
  157. 5821.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 3.1. HUMAN RESOURCES, EDUCATION, AND TRAINING PROGRAMS [5820 - 5822] ( Part 3.1 added November 2, 2004, by initiative Proposition 63, Sec. 8. )

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    The council must advise the state health planning office on education and training policy, and the office must work with the council and the state health care services department to increase council staff as 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 3.1. HUMAN RESOURCES, EDUCATION, AND TRAINING PROGRAMS [5820 - 5822] ( Part 3.1 added November 2, 2004, by initiative Proposition 63, Sec. 8. ) ## 5821. (a) The California Behavioral Health Planning Council shall advise the Office of Statewide Health Planning and Development on education and training policy development and provide oversight for education and training plan development. (b) The Office of Statewide Health Planning and Development shall work with the California Behavioral Health Planning Council and the State Department of Health Care Services so that council staff is increased appropriately to fulfill its duties required by Sections 5820 and 5821. (Amended by Stats. 2017, Ch. 511, Sec. 18. (AB 1688) Effective January 1, 2018. Note: This section was added on Nov. 2, 2004, by initiative Prop. 63.)
  158. 5822.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 3.1. HUMAN RESOURCES, EDUCATION, AND TRAINING PROGRAMS [5820 - 5822] ( Part 3.1 added November 2, 2004, by initiative Proposition 63, Sec. 8. )

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    The Office of Statewide Health Planning and Development must include a set of mental health workforce and education initiatives in the five-year plan.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 3.1. HUMAN RESOURCES, EDUCATION, AND TRAINING PROGRAMS [5820 - 5822] ( Part 3.1 added November 2, 2004, by initiative Proposition 63, Sec. 8. ) ## 5822. The Office of Statewide Health Planning and Development shall include in the five-year plan: (a) Expansion plans for the capacity of postsecondary education to meet the needs of identified mental health occupational shortages. (b) Expansion plans for the forgiveness and scholarship programs offered in return for a commitment to employment in California’s public mental health system and make loan forgiveness programs available to current employees of the mental health system who want to obtain Associate of Arts, Bachelor of Arts, master’s degrees, or doctoral degrees. (c) Creation of a stipend program modeled after the federal Title IV-E program for persons enrolled in academic institutions who want to be employed in the mental health system. (d) Establishment of regional partnerships between the mental health system and the educational system to expand outreach to multicultural communities, increase the diversity of the mental health workforce, to reduce the stigma associated with mental illness, and to promote the use of web-based technologies, and distance learning techniques. (e) Strategies to recruit high school students for mental health occupations, increasing the prevalence of mental health occupations in high school career development programs such as health science academies, adult schools, and regional occupation centers and programs, and increasing the number of human service academies. (f) Curriculum to train and retrain staff to provide services in accordance with the provisions and principles of Part 3 (commencing with Section 5800), Part 3.2 (commencing with Section 5830), Part 3.6 (commencing with Section 5840), and Part 4 (commencing with Section 5850) of this division. (g) Promotion of the employment of mental health consumers and family members in the mental health system. (h) Promotion of the meaningful inclusion of mental health consumers and family members and incorporating their viewpoint and experiences in the training and education programs in subdivisions (a) through (f). (i) Promotion of meaningful inclusion of diverse, racial, and ethnic community members who are underrepresented in the mental health provider network. (j) Promotion of the inclusion of cultural competency in the training and education programs in subdivisions (a) through (f). (Amended by Stats. 2012, Ch. 23, Sec. 57. (AB 1467) Effective June 27, 2012. Note: This section was added on Nov. 2, 2004, by initiative Prop. 63.)
  159. 5831.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 3.2. INNOVATIVE PROGRAMS [5830 - 5831] ( Part 3.2 added November 2, 2004, by initiative Proposition 63, Sec. 9. )

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    A qualifying capital development project must be approved through streamlined ministerial review if it meets the listed criteria, and the applicant must file a notice of exemption.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 3.2. INNOVATIVE PROGRAMS [5830 - 5831] ( Part 3.2 added November 2, 2004, by initiative Proposition 63, Sec. 9. ) ## 5831. (a) (1) Notwithstanding any other law, a capital development project funded, in whole or in part, pursuant to Section 5892 shall be a use by right that shall be subject to the streamlined, ministerial review process, pursuant to subdivision (b), if it meets all of the following criteria: (A) (i) Affordable housing shall be located in a zone where multifamily residential, office, retail, or parking are a principally permitted use. Nothing here shall be construed to limit other housing interventions pursuant to Section 5830 that conform to existing zoning. (ii) The intent of capital development funding is to prioritize the production of housing that provides long-term housing stability. (B) At least 75 percent of the perimeter of the site adjoins parcels that are developed with urban uses. (C) It satisfies the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4 of the Government Code. (D) It is not on a site or adjoined to any site where more than one-third of the square footage on the site is dedicated to industrial use. (E) The development will meet the following objective zoning standards, objective subdivision standards, and objective design review standards: (i) For affordable housing, the applicable objective standards shall be those for the zone that allows residential use at a greater density between the following: (I) The existing zoning designation for the parcel if existing zoning allows for residential use. (II) The zoning designation for the closest parcel that allows residential use at a density deemed appropriate to accommodate housing for lower income households in that jurisdiction as specified in paragraph (3) of subdivision (c) of Section 65583.2 of the Government Code. (ii) The applicable objective standards shall be those in effect at the time that the development application is submitted to the local government pursuant to this article. (iii) A development proposed pursuant to this section shall be eligible for the same density bonus, incentives or concessions, waivers or reductions of development standards, and parking ratios applicable to a project that meets the criteria specified in subparagraph (G) of paragraph (1) of subdivision (b) of Section 65915 of the Government Code. (F) No housing units were acquired by eminent domain. (G) The housing units will be in decent, safe, and sanitary condition at the time of their occupancy. (H) The project meets the labor standards contained in Sections 65912.130 and 65912.131 of the Government Code. (I) The project provides housing for individuals who meet the criteria specified in subdivision (a) of Section 5830 and their families. (J) Affordable housing shall require long-term covenants and restrictions require the housing units to be restricted to persons who meet the criteria specified in subdivision (a) for no fewer than 30 years. (2) (A) For purposes of this subdivision, parcels only separated by a street or highway shall be considered to be adjoined. (B) For purposes of this subdivision, “dedicated to industrial use” means any of the following: (i) The square footage is currently being used as an industrial use. (ii) The most recently permitted use of the square footage is an industrial use. (iii) The site was designated for industrial use in the latest version of a local government’s general plan adopted before January 1, 2022. (b) The project shall be subject to the following streamlined, ministerial review process: (1) (A) If the local government determines that a development submitted pursuant to this article is consistent with the objective planning standards specified in this article, it shall approve the development. (B) If a local government determines that a development submitted pursuant to this article is in conflict with any of the objective planning standards specified in this article, it shall provide the development proponent written documentation of which standard or standards the development conflicts with, and an explanation for the reason or reasons the development conflicts with that standard or standards, within the following timeframes: (i) Within 60 days of submission of the development proposal to the local government if the development contains 150 or fewer housing units. (ii) Within 90 days of submission of the development proposal to the local government if the development contains more than 150 housing units. (C) If the local government fails to provide the required documentation pursuant to subparagraph (B), the development shall be deemed to satisfy the required objective planning standards. (D) (i) For purposes of this section, a development is consistent with the objective planning standards if there is substantial evidence that would allow a reasonable person to conclude that the development is consistent with the objective planning standards. (ii) For purposes of this section, a development is not in conflict with the objective planning standards solely on the basis that application materials are not included, if the application contains substantial evidence that would allow a reasonable person to conclude that the development is consistent with the objective planning standards. (E) The determination of whether a proposed project submitted pursuant to this section is or is not in conflict with the objective planning standards is not a “project” as defined in Section 21065 of the Public Resources Code. (2) Design review of the development may be conducted by the local government’s planning commission or any equivalent board or commission responsible for design review. That design review shall be objective and be strictly focused on assessing compliance with criteria required for streamlined, ministerial review of projects, as well as any reasonable objective design standards published and adopted by ordinance or resolution by a local jurisdiction before submittal of the development to the local government, and shall be broadly applicable to developments within the jurisdiction. That design review shall be completed as follows and shall not in any way inhibit, chill, or preclude the ministerial approval provided by this section or its effect, as applicable: (A) Within 90 days of submittal of the development proposal to the local government pursuant to this section if the development contains 150 or fewer housing units. (B) Within 180 days of submittal of the development proposal to the local government pursuant to this section if the development contains more than 150 housing units. (c) Division 13 (commencing with Section 21000) of the Public Resources Code shall not apply to actions taken by the Department of Housing and Community Development, the State Department of Health Care Services, or a local agency not acting as the lead agency to provide financial assistance or insurance for the development and construction of projects built pursuant to this section. (d) The applicant shall file a notice of exemption with the Office of Planning and Research and the county clerk of the county in which the project is located in the manner specified in subdivisions (b) and (c) of Section 21152 of the Public Resources Code. (e) For purposes of this section, the following definitions shall apply: (1) “Objective zoning standards,” “objective subdivision standards,” and “objective design review standards” mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official before submittal. These standards may be embodied in alternative objective land use specifications adopted by a city or county, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances. (2) “Use by right” means a development project that satisfies both of the following conditions: (A) The development project does not require a conditional use permit, planned unit development permit, or other discretionary local government review. (B) The development project is not a “project” for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code. (f) This section shall become operative on July 1, 2026, if amendments to the Mental Health Services Act are approved by the voters at the March 5, 2024, statewide primary election. (Added by Stats. 2023, Ch. 790, Sec. 44. (SB 326) Effective April 17, 2024. Approved in Proposition 1 at the March 5, 2024, election. Operative July 1, 2026, by its own provisions.)
  160. 5835.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 3.4. Early Psychosis Intervention Plus (EPI PLUS) Program [5835 - 5835.5] ( Part 3.4 added by Stats. 2017, Ch. 414, Sec. 2. )

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    Creates a fund for the EPI PLUS program, lets the commission use and allocate the money for that program, caps administrative spending at $500,000 annually, and bars General Fund appropriations for these purposes.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 3.4. Early Psychosis Intervention Plus (EPI PLUS) Program [5835 - 5835.5] ( Part 3.4 added by Stats. 2017, Ch. 414, Sec. 2. ) ## 5835.1. (a) The Early Psychosis and Mood Disorder Detection and Intervention Fund is hereby created within the State Treasury. The moneys in the fund shall be available, upon appropriation by the Legislature, to the commission for the purposes of this part. The commission may use no more than five hundred thousand dollars ($500,000) of the amount deposited annually into the fund for administrative expenses in implementing this part, including providing technical assistance. (b) There may be paid into the fund all of the following: (1) Any private donation or grant. (2) Any other federal or state grant. (3) Any interest that accrues on amounts in the fund and any moneys previously allocated from the fund that are subsequently returned to the fund. (c) Moneys shall be allocated from the fund by the commission for the purposes of this part. (d) Distributions from the fund shall be supplemental to any other amounts otherwise provided to county behavioral health departments for any purpose and shall only be used to fund early psychosis and mood disorder detection and intervention programs. (e) The commission may elect not to make awards if available funds are insufficient. (f) Funds shall not be appropriated from the General Fund for the purposes of this part. (Added by Stats. 2017, Ch. 414, Sec. 2. (AB 1315) Effective January 1, 2018.)
  161. 5835.3.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 3.4. Early Psychosis Intervention Plus (EPI PLUS) Program [5835 - 5835.5] ( Part 3.4 added by Stats. 2017, Ch. 414, Sec. 2. )

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    This section sets up a competitive selection process for commission funding of early psychosis and mood disorder services, requires local funds from counties that receive awards, and imposes privacy and reporting rules for clinical research studies.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 3.4. Early Psychosis Intervention Plus (EPI PLUS) Program [5835 - 5835.5] ( Part 3.4 added by Stats. 2017, Ch. 414, Sec. 2. ) ## 5835.3. (a) It is the intent of the Legislature to authorize the commission to administer a competitive selection process as provided in this part to create new, and to expand and improve the fidelity of existing, service capacity for early psychosis and mood disorder detection and intervention services in California. (b) The core objectives of this competitive selection process include, but are not limited to, all of the following: (1) Expanding the provision of high-quality, evidence-based early psychosis and mood disorder detection and intervention services within California. (2) Improving access to effective services for transition-aged youth and young adults at high risk for, or experiencing, psychotic symptoms, including the prodromal phase, or psychotic disorders. (3) More comprehensively and effectively measuring programmatic effectiveness and enrolled client outcomes of programs receiving awards in the competitive selection process. (4) Improving the client experience in accessing services and in working toward recovery and wellness. (5) Increasing participation in school attendance, social interactions, physical health, personal bonding relationships, and active rehabilitation, including employment and daily living function development for clients. (6) Reducing unnecessary hospitalizations and inpatient days by appropriately utilizing community-based services and improving access to timely assistance to early psychosis and mood disorder detection and intervention services. (7) Expanding the use of innovative technologies for mental health information feedback access that can provide a valued and unique opportunity to optimize care for the target population. This may include technologies for treatment and symptom monitoring. (8) Providing local communities with increased financial resources to leverage additional public and private funding sources to achieve improved networks of care for the target population, including transition-aged youth and young adults. (9) Improving whole-person care by increasing access to, and coordination of, mental health and medical care services. (c) Funds allocated by the commission shall be made available to selected counties, or counties acting jointly, through a competitive selection process, or to other entities for research, evaluation, technical assistance, and other related purposes. (d) (1) Notwithstanding any other law, a county, or counties acting jointly, that receive an award of funds shall be required to provide a contribution of local funds. (2) Upon approval of the commission, after consultation with the Department of Finance and the State Department of Health Care Services, other locally acquired funding, such as federal grants or allocations, or other special funds, may also be recognized for the purpose of contributing toward any contribution requirements. (e) Awards made by the commission shall be used to create, or expand existing capacity for, early psychosis and mood disorder detection and intervention services and supports. The commission shall ensure that awards result in cost-effective and evidence-based services that comprehensively address identified needs of the target population, including transition-aged youth and young adults, in counties and regions selected for funding. The commission shall also take into account at least the following criteria and factors when selecting recipients of awards and determining the amount of awards: (1) A description of need, including, at a minimum, a comprehensive description of the early psychosis and mood disorder detection and intervention services and supports to be established or expanded, community need, target population to be served, linkage with other public systems of health and mental health care, linkage with schools and community social services, and related assistance as applicable, and a description of the request for funding. (2) A description of all programmatic components, including outreach and clinical aspects, of the local early psychosis and mood disorder detection and intervention services and supports. (3) A description of any contractual relationships with contracting providers as applicable, including any memorandum of understanding between project partners. (4) A description of local funds, including the total amounts, that would be contributed toward the services and supports as required by the commission through the competitive selection process, implementing guidelines, and regulations. (5) The project timeline. (6) The ability of the awardee to effectively and efficiently implement or expand an evidence-based program as referenced in this part. (7) A description of core data collection and the framework for evaluating outcomes, including improved access to services and supports and a cost-benefit analysis of the project. (8) A description of the sustainability of program services and supports in future years. (f) The commission shall determine any minimum or maximum awards, and shall take into consideration the level of need, the population to be served, and related criteria as described in subdivision (e) and in any guidance or regulations, and shall reflect the reasonable costs of providing the services and supports. (g) Funds awarded by the commission may be used to supplement, but not supplant, existing financial and resource commitments of the county or counties acting jointly, that receive the award. (h) The commission may consult with a technical assistance entity, as described in paragraph (5) of subdivision (a) of Section 4061, initiate an interagency agreement with another public entity, including the University of California system, or contract for necessary technical assistance to implement this part. (i) The advisory committee may coordinate and recommend an allocation of funding to the commission for clinical research studies. The committee may recommend an amount not to exceed 10 percent of the total amount deposited in the Early Psychosis and Mood Disorder Detection and Intervention Fund for clinical research studies. The committee may recommend, in conjunction with the principal investigators, the data elements to be included in clinical research studies funded pursuant to this subdivision. The results of the clinical research studies shall be made available annually to the members of the public, including stakeholders and Members of the Legislature. The results of clinical research studies shall be deidentified in accordance with the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) (Public Law 104-191), including Section 164.514 of Title 45 of the Code of Federal Regulations, and shall not contain any personally identifiable information according to the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code). (j) The county and all award recipients shall comply with all applicable state and federal privacy laws that govern medical information, including, but not limited to, HIPAA and its implementing regulations, the Confidentiality of Medical Information Act (Part 2.6 (commencing with Section 56) of Division 1 of the Civil Code), the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code), and Section 10850. (Amended by Stats. 2018, Ch. 92, Sec. 227. (SB 1289) Effective January 1, 2019.)
  162. 5835.4.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 3.4. Early Psychosis Intervention Plus (EPI PLUS) Program [5835 - 5835.5] ( Part 3.4 added by Stats. 2017, Ch. 414, Sec. 2. )

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    The commission may implement this part without taking regulatory action until regulations are adopted, and it must adopt implementing regulations by January 1, 2019.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 3.4. Early Psychosis Intervention Plus (EPI PLUS) Program [5835 - 5835.5] ( Part 3.4 added by Stats. 2017, Ch. 414, Sec. 2. ) ## 5835.4. Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the commission may implement this part without taking regulatory action until regulations are adopted. The commission shall adopt regulations implementing this part on or before January 1, 2019. (Added by Stats. 2017, Ch. 414, Sec. 2. (AB 1315) Effective January 1, 2018.)
  163. 5835.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 3.4. Early Psychosis Intervention Plus (EPI PLUS) Program [5835 - 5835.5] ( Part 3.4 added by Stats. 2017, Ch. 414, Sec. 2. )

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    The grant program and related regulations may be implemented only if the Legislature appropriates, or the fund receives, at least $500,000.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 3.4. Early Psychosis Intervention Plus (EPI PLUS) Program [5835 - 5835.5] ( Part 3.4 added by Stats. 2017, Ch. 414, Sec. 2. ) ## 5835.5. Implementation of the grant program established pursuant to Section 5835.3 and the adoption of regulations pursuant to Section 5835.4 is contingent upon appropriation by the Legislature, or the deposit into the fund established pursuant to Section 5835.1, of at least five hundred thousand dollars ($500,000) for the purpose of funding grants and administrative costs for the commission pursuant to this part. (Amended by Stats. 2019, Ch. 26, Sec. 1. (SB 79) Effective June 27, 2019.)
  164. 5840.2.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 3.6. PREVENTION AND EARLY INTERVENTION PROGRAMS [5840 - 5840.7] ( Part 3.6 added November 2, 2004, by initiative Proposition 63, Sec. 4. ) ## CHAPTER 1. Prevention and Early Intervention Programs [5840 - 5840.2] ( Chapter 1 heading added by Stats. 2018, Ch. 843, Sec. 2. )

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    The department must contract with each county mental health program to provide services under this part, following Section 5897.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 3.6. PREVENTION AND EARLY INTERVENTION PROGRAMS [5840 - 5840.7] ( Part 3.6 added November 2, 2004, by initiative Proposition 63, Sec. 4. ) ## CHAPTER 1. Prevention and Early Intervention Programs [5840 - 5840.2] ( Chapter 1 heading added by Stats. 2018, Ch. 843, Sec. 2. ) ## 5840.2. The department shall contract for the provision of services pursuant to this part with each county mental health program in the manner set forth in Section 5897. (Amended by Stats. 2015, Ch. 303, Sec. 583. (AB 731) Effective January 1, 2016. Note: This section was added on Nov. 2, 2004, by initiative Prop. 63.)
  165. 5845.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 3.7. OVERSIGHT AND ACCOUNTABILITY [5845 - 5847] ( Part 3.7 added November 2, 2004, by initiative Proposition 63, Sec. 10. )

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    This section creates the Behavioral Health Services Oversight and Accountability Commission and gives it oversight, reporting, collaboration, and technical-assistance 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 3.7. OVERSIGHT AND ACCOUNTABILITY [5845 - 5847] ( Part 3.7 added November 2, 2004, by initiative Proposition 63, Sec. 10. ) ## 5845. (a) The Behavioral Health Services Oversight and Accountability Commission is hereby established to promote transformational change in California’s behavioral health system through research, evaluation and tracking outcomes, and other strategies to assess and report progress. The commission shall use this information and analyses to inform the commission’s grant making, identify key policy issues and emerging best practices, provide technical assistance and training, promote high-quality programs implemented, and advise the Governor and the Legislature, pursuant to the Behavioral Health Services Act and related components of California’s behavioral health system. For this purpose, the commission shall collaborate with the California Health and Human Services Agency, its departments and other state entities. (b) (1) The commission shall replace the advisory committee established pursuant to Section 5814. (2) The commission shall consist of 27 voting members as follows: (A) The Attorney General or the Attorney General’s designee. (B) The Superintendent of Public Instruction or the Superintendent’s designee. (C) The Chairperson of the Senate Committee on Health, the Chairperson of the Senate Committee on Human Services, or another member of the Senate selected by the President pro Tempore of the Senate, or their designee. (D) The Chairperson of the Assembly Committee on Health, the Chairperson of the Assembly Committee on Human Services, or another Member of the Assembly selected by the Speaker of the Assembly, or their designee. (E) (i) The following individuals, all appointed by the Governor: (I) Two persons who have or have had a mental health disorder. (II) Two persons who have or have had a substance use disorder. (III) A family member of an adult or older adult who has or has had a mental health disorder. (IV) One person who is 25 years of age or younger and has or has had a mental health disorder, substance use disorder, or cooccurring disorder. (V) A family member of an adult or older adult who has or has had a substance use disorder. (VI) A family member of a child or youth who has or has had a mental health disorder. (VII) A family member of a child or youth who has or has had a substance use disorder. (VIII) A current or former county behavioral health director. (IX) A physician specializing in substance use disorder treatment, including the provision of medications for addiction treatment. (X) A mental health professional. (XI) A professional with expertise in housing and homelessness. (XII) A county sheriff. (XIII) A superintendent of a school district. (XIV) A representative of a labor organization. (XV) A representative of an employer with less than 500 employees. (XVI) A representative of an employer with more than 500 employees. (XVII) A representative of a health care service plan or insurer. (XVIII) A representative of an aging or disability organization. (XIX) A person with knowledge and experience in community-defined evidence practices and reducing behavioral health disparities. (XX) A representative of a children and youth organization. (XXI) A veteran or a representative of a veterans organization. (ii) In making appointments, the Governor shall seek individuals who have had personal or family experience with mental illness or substance use disorder. (c) Members shall serve without compensation but shall be reimbursed for all actual and necessary expenses incurred in the performance of their duties. (d) The term of each member shall be three years, to be staggered so that approximately one-third of the appointments expire in each year. (e) (1) The commission shall have an Executive Director. (2) The Executive Director will be responsible for management over the administrative, fiscal, and program performance of the commission. (3) The Executive Director shall be selected by the commission. (4) The commission may delegate to the Executive Director any power, duty, purpose, function, or jurisdiction that the commission may lawfully delegate, including the authority to enter into and sign contracts on behalf of the commission. The Executive Director may redelegate any of those powers, duties, purposes, functions, or jurisdictions to the Executive Director’s designee, unless by statute, or rule or regulation, the Executive Director is expressly required to act personally. (f) In carrying out its duties and responsibilities, the commission may do all of the following: (1) (A) Meet at least once each quarter at a time and location convenient to the public as it may deem appropriate. (B) All meetings of the commission shall be open to the public. (2) Within the limit of funds allocated for these purposes, pursuant to the laws and regulations governing state civil service, employ staff, including clerical, legal, and technical assistance, as necessary. (3) The commission shall administer its operations separate and apart from the State Department of Health Care Services and the California Health and Human Services Agency. (4) Establish technical advisory committees, such as a committee of consumers and family members, and a reducing disparities committee focusing on demographic, geographic, and other communities. The commission may provide pertinent information gained from those committees to relevant state agencies and departments, including, but not limited to, the California Health and Humans Services Agency and its departments. (5) Employ all other appropriate strategies necessary or convenient to enable it to fully and adequately perform its duties and exercise the powers expressly granted, notwithstanding authority expressly granted to an officer or employee of state government. (6) Enter into contracts. (7) Make reasonable requests for data and information to the State Department of Health Care Services, the Department of Health Care Access and Information, the State Department of Public Health, or other state and local entities that receive Behavioral Health Services Act funds. These entities shall respond in a timely manner and provide information and data in their possession that the commission deems necessary for the purposes of carrying out its responsibilities. (8) Participate in the joint state-county decisionmaking process, as described in Section 4061, for training, technical assistance, and regulatory resources to meet the mission and goals of the state’s mental health system. (9) Identify best practices to overcome stigma and discrimination, in consultation with the State Department of Public Health. (10) At any time, advise the Governor or the Legislature regarding actions the state may take to improve care and services for people with mental illness or substance use disorder. (11) If the commission identifies a critical issue related to the performance of a county mental health program, it may refer the issue to the State Department of Health Care Services pursuant to Section 5655 or 5963.04. (12) Provide technical assistance to counties on implementation planning, training, and capacity building investments as defined by the State Department of Health Care Services and in consultation with the County Behavioral Health Directors Association of California. Technical assistance may also include innovative behavioral health models of care and innovative promising practices pursuant to subparagraph (A) of paragraph (4) of subdivision (a) of Section 5892. Technical assistance may also include compiling and publishing a list of innovative behavioral health models of care programs and promising practices for each of the programs set forth in subparagraphs (1), (2), and (3) of subdivision (a) of Section 5892. (13) Work in collaboration with the State Department of Health Care Services to define the parameters of a report that includes recommendations for improving and standardizing promising practices across the state based on the technical assistance provided to counties as specified in paragraph (12). The commission shall prepare and publish the report on its internet website. In formulating this report, the commission shall prioritize the perspectives of the California behavioral health community through a robust public engagement process with a focus on priority populations and diverse communities. (14) Establish a framework and voluntary standard for mental health in the workplace that serves to reduce mental health stigma, increase public, employee, and employer awareness of the recovery goals of the Mental Health Services Act, and provide guidance to California’s employer community to put in place strategies and programs, as determined by the commission, to support the mental health and wellness of employees. The commission shall consult with the Labor and Workforce Development Agency or its designee to develop the standard. (g) (1) The commission shall work in collaboration with the State Department of Health Care Services and the California Behavioral Health Planning Council, and in consultation with the County Behavioral Health Directors Association of California, to write a report that includes recommendations for improving and standardizing promising practices for Behavioral Health Services Act programs. (2) The commission shall complete the report and provide a written report on its internet website no later than January 1, 2030, and every three years thereafter. (h) For purposes of this section, “substance use disorder” shall have the meaning as defined in subdivision (c) of Section 5891.5. (i) This section shall become operative on January 1, 2025, if amendments to the Mental Health Services Act are approved by the voters at the March 5, 2024, statewide primary election. (Amended (as added by Stats. 2023, Ch. 790, Sec. 58) by Stats. 2024, Ch. 40, Sec. 41. (SB 159) Effective June 29, 2024. Operative January 1, 2025, by its own provisions.)
  166. 5845.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 3.7. OVERSIGHT AND ACCOUNTABILITY [5845 - 5847] ( Part 3.7 added November 2, 2004, by initiative Proposition 63, Sec. 10. )

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    This section creates a state fund for behavioral health innovation grants and requires the commission to award grants, consult certain agencies, and file periodic reports to the Legislature.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 3.7. OVERSIGHT AND ACCOUNTABILITY [5845 - 5847] ( Part 3.7 added November 2, 2004, by initiative Proposition 63, Sec. 10. ) ## 5845.1. (a) (1) The Behavioral Health Services Act Innovation Partnership Fund is hereby created in the State Treasury. (2) The fund shall be administered by the state for the purposes of funding a grant program administered by the Behavioral Health Services Oversight and Accountability Commission pursuant to this section and subdivision (f) of Section 5892. (b) All of the following may be paid into the fund: (1) Any private donation or grant. (2) Any other federal or state grant. (3) Any interest that accrues on amounts in the fund and any moneys previously allocated from private donations or grants received by the fund that are subsequently returned to the fund. (c) (1) The Behavioral Health Services Oversight and Accountability Commission shall award grants to private, public, and nonprofit partners to promote development of innovative mental health and substance use disorder programs and practices. (2) The innovative mental health and substance use disorder programs and practices shall be designed for the following purposes: (A) Improving Behavioral Health Services Act programs and practices funded pursuant to subdivision (a) of Section 5892 for the following groups: (i) Underserved populations. (ii) Low-income populations. (iii) Communities impacted by other behavioral health disparities. (iv) Other populations, as determined by the Behavioral Health Services Oversight and Accountability Commission. (B) Meeting statewide Behavioral Health Services Act goals and objectives. (3) The Behavioral Health Services Oversight and Accountability Commission, in determining the allowable uses of the funds, shall consult with the California Health and Human Services Agency and the State Department of Health Care Services. If the Behavioral Health Services Oversight and Accountability Commission utilizes funding for population-based prevention or workforce innovation grants, the commission shall consult with the State Department of Public Health for population-based prevention innovations and the Department of Health Care Access and Information for workforce innovations. (d) (1) The Behavioral Health Services Oversight and Accountability Commission shall submit a report to the Legislature by January 1, 2030, and every three years thereafter. The report shall cover the three-fiscal-year period immediately preceding the date of submission. (2) The report shall include the practices funded pursuant to this section and the extent to which they accomplished the purposes specified in paragraphs (1), (2), and (3) of subdivision (b). (3) A report to be submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code. (Amended by Stats. 2024, Ch. 40, Sec. 42. (SB 159) Effective June 29, 2024.)
  167. 5845.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 3.7. OVERSIGHT AND ACCOUNTABILITY [5845 - 5847] ( Part 3.7 added November 2, 2004, by initiative Proposition 63, Sec. 10. )

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    The commission may create a fellowship program, must set up an advisory committee, and must make sure the program does not displace civil service employees.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 3.7. OVERSIGHT AND ACCOUNTABILITY [5845 - 5847] ( Part 3.7 added November 2, 2004, by initiative Proposition 63, Sec. 10. ) ## 5845.5. In addition to the activities authorized under Section 5845, the commission may establish a fellowship program in accordance with this section for the purpose of providing an experiential learning opportunity for mental health or substance use disorder consumers and mental health or substance use disorder professionals. (a) Participants in the fellowship shall serve on an annual basis and may serve only one term as a fellow. (b) The fellowship program established under this section shall support the broad goals of the commission and be based upon the following principles: (1) To enhance opportunities for the work of the commission to reflect the perspective of persons with personal experience and state-of-the-art practices in the mental health and substance use disorder fields. (2) To strengthen opportunities for the goals of the Behavioral Health Services Act and the work of the commission in promoting those goals and to be accessible and understandable to mental health and substance use disorder individuals, mental health and substance use disorder professionals, and the general public. (3) To improve opportunities for outreach and engagement with individuals who have a mental health disorder or a substance use disorder and mental health and substance use disorder professionals relating to the work of the commission. (4) To increase the awareness of mental health and substance use disorder individuals and professionals of the goals of the Behavioral Health Services Act and both of the following: (A) The role of the state in meeting those goals. (B) The role of public policy, regulation development, fiscal strategies, use of data, research, and evaluation and communication strategies to improve mental health and substance use disorder outcomes in California. (c) (1) The commission shall establish an advisory committee to provide guidance on the fellowship program goals, design, eligibility criteria, application process, and other issues as the commission deems necessary. (2) The advisory committee shall include persons with personal experience with the mental health and substance use disorder system, mental health and substance use disorder professionals, persons with experience with similar fellowship programs, and others with diverse perspectives who can assist the commission to meet the goals of the fellowship program. (d) The commission may enter into an interagency agreement or other contractual agreement with a state, local, or private entity, as determined by the commission, to receive technical assistance or relevant services to support the establishment and implementation of the fellowship program. (e) (1) The commission shall ensure that the fellowship program does not cause the displacement of a civil service employee. (2) For purposes of this subdivision, “displacement” means a layoff, a demotion, an involuntary transfer to a new class, an involuntary transfer to a new location requiring a change of residence, a time base reduction, a change in shift or days off, or a reassignment to another position within the same class and general location. (f) This section shall become operative on January 1, 2025, if amendments to the Mental Health Services Act are approved by the voters at the March 5, 2024, statewide primary election. (Repealed (in Sec. 60) and added by Stats. 2023, Ch. 790, Sec. 61. (SB 326) Effective October 12, 2023. Operative January 1, 2025, by its own provisions.)
  168. 5845.8.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 3.7. OVERSIGHT AND ACCOUNTABILITY [5845 - 5847] ( Part 3.7 added November 2, 2004, by initiative Proposition 63, Sec. 10. )

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    The commission must report every two years on outcomes for people receiving community mental health services under a full service partnership model, and it may issue a progress report when 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 3.7. OVERSIGHT AND ACCOUNTABILITY [5845 - 5847] ( Part 3.7 added November 2, 2004, by initiative Proposition 63, Sec. 10. ) ## 5845.8. (a) The commission shall biennially report to the Senate and Assembly Committees on Health, Senate Budget Subcommittee on Health and Human Services, and Assembly Budget Subcommittee on Health and Human Services the outcomes for those receiving community mental health services under a full service partnership model. The initial report shall be submitted no later than November 15, 2022. The commission may also issue a progress report in a year when it is not otherwise due if the commission deems the report to be necessary. (b) The report shall include, but not be limited to, information regarding persons eligible for full service partnerships, including summary information relating to enrollees and nonenrollees with respect to the community mental health services they receive and their experience with all of the following: (1) Incarceration or criminalization. (2) Housing status or homelessness. (3) Hospitalization, emergency room utilization, and crisis service utilization. (c) The report shall also include information regarding individuals who separate from a full service partnership, including, but not limited to, analysis of the reasons for separation and, to the extent possible, the community mental health services received and the statuses or experiences of these individuals regarding the outcomes identified in subdivision (b) for a period of 12 months following separation. (d) The report shall also assess the degree to which the individuals most in need are accessing services and maintaining participation in a full service partnership or other programs providing similar services. (e) The commission shall report any barriers to receiving the data relevant to completing this report and include recommendations to strengthen California’s use of full service partnerships to reduce incarceration, hospitalization, and homelessness. (f) In doing this work, the commission shall consult with the California mental health community, including, but not limited to, consumers, relatives of consumers, providers, and other subject matter experts. (Added by Stats. 2021, Ch. 544, Sec. 1. (SB 465) Effective January 1, 2022.)
  169. 5847.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 3.7. OVERSIGHT AND ACCOUNTABILITY [5845 - 5847] ( Part 3.7 added November 2, 2004, by initiative Proposition 63, Sec. 10. )

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    County mental health programs must prepare and submit three-year plans and annual updates, include specified program elements, and meet reporting and certification requirements.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 3.7. OVERSIGHT AND ACCOUNTABILITY [5845 - 5847] ( Part 3.7 added November 2, 2004, by initiative Proposition 63, Sec. 10. ) ## 5847. Integrated Plans for Prevention, Innovation, and System of Care Services. (a) Each county mental health program shall prepare and submit a three-year program and expenditure plan, and annual updates, adopted by the county board of supervisors, to the Behavioral Health Services Oversight and Accountability Commission and the State Department of Health Care Services within 30 days after adoption. (b) The three-year program and expenditure plan shall be based on available unspent funds and estimated revenue allocations provided by the state and in accordance with established stakeholder engagement and planning requirements, as required in Section 5848. The three-year program and expenditure plan and annual updates shall include all of the following: (1) A program for prevention and early intervention in accordance with Part 3.6 (commencing with Section 5840). (2) A program for services to children in accordance with Part 4 (commencing with Section 5850), to include a program pursuant to Chapter 4 (commencing with Section 18250) of Part 6 of Division 9 or provide substantial evidence that it is not feasible to establish a wraparound program in that county. (3) A program for services to adults and seniors in accordance with Part 3 (commencing with Section 5800). (4) A program for innovations in accordance with Part 3.2 (commencing with Section 5830). (5) A program for technological needs and capital facilities needed to provide services pursuant to Part 3 (commencing with Section 5800), Part 3.6 (commencing with Section 5840), and Part 4 (commencing with Section 5850). All plans for proposed facilities with restrictive settings shall demonstrate that the needs of the people to be served cannot be met in a less restrictive or more integrated setting, such as permanent supportive housing. (6) Identification of shortages in personnel to provide services pursuant to the above programs and the additional assistance needed from the education and training programs established pursuant to Part 3.1 (commencing with Section 5820). (7) Establishment and maintenance of a prudent reserve to ensure the county program will continue to be able to serve children, adults, and seniors that it is currently serving pursuant to Part 3 (commencing with Section 5800), the Adult and Older Adult Mental Health System of Care Act, Part 3.6 (commencing with Section 5840), Prevention and Early Intervention Programs, and Part 4 (commencing with Section 5850), the Children’s Mental Health Services Act, during years in which revenues for the Behavioral Health Services Fund are below recent averages adjusted by changes in the state population and the California Consumer Price Index. (8) Certification by the county behavioral health director, which ensures that the county has complied with all pertinent regulations, laws, and statutes of the Mental Health Services Act, including stakeholder participation and nonsupplantation requirements. (9) Certification by the county behavioral health director and by the county auditor-controller that the county has complied with any fiscal accountability requirements as directed by the State Department of Health Care Services, and that all expenditures are consistent with the requirements of the Mental Health Services Act. (c) The programs established pursuant to paragraphs (2) and (3) of subdivision (b) shall include services to address the needs of transition age youth 16 to 25 years of age, inclusive. In implementing this subdivision, county mental health programs shall consider the needs of transition age foster youth. (d) Each year, the State Department of Health Care Services shall inform the County Behavioral Health Directors Association of California and the Behavioral Health Services Oversight and Accountability Commission of the methodology used for revenue allocation to the counties. (e) Each county mental health program shall prepare expenditure plans pursuant to Part 3 (commencing with Section 5800) for adults and seniors, Part 3.2 (commencing with Section 5830) for innovative programs, Part 3.6 (commencing with Section 5840) for prevention and early intervention programs, and Part 4 (commencing with Section 5850) for services for children, and updates to the plans developed pursuant to this section. Each expenditure update shall indicate the number of children, adults, and seniors to be served pursuant to Part 3 (commencing with Section 5800) and Part 4 (commencing with Section 5850) and the cost per person. The expenditure update shall include utilization of unspent funds allocated in the previous year and the proposed expenditure for the same purpose. (f) A county mental health program shall include an allocation of funds from a reserve established pursuant to paragraph (7) of subdivision (b) for services pursuant to paragraphs (2) and (3) of subdivision (b) in years in which the allocation of funds for services pursuant to subdivision (e) are not adequate to continue to serve the same number of individuals as the county had been serving in the previous fiscal year. (g) The department shall post on its internet website the three-year program and expenditure plans submitted by every county pursuant to subdivision (a) in a timely manner. (h) (1) Notwithstanding subdivision (a), a county that is unable to complete and submit a three-year program and expenditure plan or annual update for the 2020–21 or 2021–22 fiscal years due to the COVID-19 Public Health Emergency may extend the effective timeframe of its currently approved three-year plan or annual update to include the 2020–21 and 2021–22 fiscal years. The county shall submit a three-year program and expenditure plan or annual update to the Behavioral Health Services Oversight and Accountability Commission and the State Department of Health Care Services by July 1, 2022. (2) For purposes of this subdivision, “COVID-19 Public Health Emergency” means the federal Public Health Emergency declaration made pursuant to Section 247d of Title 42 of the United States Code on January 30, 2020, entitled “Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus,” and any renewal of that declaration. (i) Notwithstanding paragraph (7) of subdivision (b) and subdivision (f), a county may, during the 2020–21 and 2021–22 fiscal years, use funds from its prudent reserve for prevention and early intervention programs created in accordance with Part 3.6 (commencing with Section 5840) and for services to persons with severe mental illnesses pursuant to Part 4 (commencing with Section 5850) for the children’s system of care and Part 3 (commencing with Section 5800) for the adult and older adult system of care. These services may include housing assistance, as defined in Section 5892.5, to the target population specified in Section 5600.3. (j) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department, without taking any further regulatory action, may implement, interpret, or make specific subdivisions (h) and (i) of this section and subdivision (i) of Section 5892 by means of all-county letters or other similar instructions. (k) If amendments to the Mental Health Services Act are approved by the voters at the March 5, 2024, statewide primary election, this section shall become inoperative on July 1, 2026, and as of January 1, 2027, is repealed. (Amended by Stats. 2025, Ch. 243, Sec. 17. (SB 862) Effective January 1, 2026. Inoperative July 1, 2026, by its own provisions. Repealed as of January 1, 2027, by its own provisions.)
  170. 5848.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 3.8. COMMUNITY-BASED SERVICES [5848.5 - 5848.7] ( Part 3.8 added by Stats. 2013, Ch. 34, Sec. 1. )

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    This section sets up state authority for mental health crisis grants, reporting, and program expansion.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 3.8. COMMUNITY-BASED SERVICES [5848.5 - 5848.7] ( Part 3.8 added by Stats. 2013, Ch. 34, Sec. 1. ) ## 5848.5. (a) The Legislature finds and declares all of the following: (1) California has realigned public community mental health services to counties, and it is imperative that sufficient community-based resources be available to meet the mental health needs of eligible individuals. (2) Increasing access to effective prevention, early intervention, outpatient, and crisis stabilization services provides an opportunity to reduce costs associated with expensive inpatient and emergency room care and better meet the needs of individuals with mental health disorders in the least restrictive manner possible. (3) Almost one-fifth of people with mental health disorders visit a hospital emergency room at least once per year. If an adequate array of crisis services is not available, it leaves an individual with little choice but to access an emergency room for assistance and, potentially, an unnecessary inpatient hospitalization. (4) Recent reports have called attention to a continuing problem of inappropriate and unnecessary utilization of hospital emergency rooms in California due to limited community-based services for individuals in psychological distress and acute psychiatric crisis. Hospitals report that 70 percent of people taken to emergency rooms for psychiatric evaluation can be stabilized and transferred to a less-intensive level of crisis care. Law enforcement personnel report that their personnel need to stay with people in the emergency room waiting area until a placement is found and that less intensive levels of care tend not to be available. (5) Comprehensive public and private partnerships at both local and regional levels, including across physical health services, mental health, substance use disorder, law enforcement, social services, and related supports, are necessary to develop and maintain high-quality, patient-centered, and cost-effective care for individuals with mental health disorders that facilitates their recovery and leads towards wellness. (6) The recovery of individuals with mental health disorders is important for all levels of government, business, and the local community. (b) This section shall be known, and may be cited, as the Investment in Mental Health Wellness Act of 2013. The objectives of this section are to do all of the following: (1) Expand access to prevention, early intervention, and treatment services to improve the client experience, achieve recovery and wellness, and reduce costs. (2) Expand the continuum of services to address crisis prevention, crisis intervention, crisis stabilization, and crisis residential treatment needs that are wellness-, resiliency-, and recovery-oriented. (3) Add at least 25 mobile crisis support teams and at least 2,000 crisis stabilization and crisis residential treatment beds to bolster capacity at the local level to improve access to mental health crisis services and address unmet mental health care needs. (4) Add at least 600 triage personnel to provide intensive case management and linkage to services for individuals with a mental health disorder at various points of access, such as at designated community-based service points, homeless shelters, and clinics. (5) Reduce unnecessary hospitalizations and inpatient days by appropriately utilizing community-based services and improving access to timely assistance. (6) Reduce recidivism and mitigate unnecessary expenditures of local law enforcement. (7) Provide local communities with increased financial resources to leverage additional public and private funding sources to achieve improved networks of care for individuals with mental health disorders. (8) (A) Provide a complete continuum of crisis services for children and youth 21 years of age and under regardless of where they live in the state. (B) The funds included in the 2016 Budget Act for the purpose of developing the continuum of mental health crisis services for children and youth 21 years of age and under shall be for the following objectives: (i) Provide a continuum of crisis services for children and youth 21 years of age and under, regardless of where they live in the state. (ii) Provide for early intervention and treatment services to improve the client experience, achieve recovery and wellness, and reduce costs. (iii) Expand the continuum of community-based services to address crisis intervention, crisis stabilization, and crisis residential treatment needs that are wellness-, resiliency-, and recovery-oriented. (iv) Add at least 200 mobile crisis support teams. (v) Add at least 120 crisis stabilization services and beds and crisis residential treatment beds to increase capacity at the local level and improve access to mental health crisis services and address unmet mental health care needs. (vi) Add triage personnel to provide intensive case management and linkage to services for individuals with mental health disorders at various points of access, such as at designated community-based service points, homeless shelters, schools, and clinics. (vii) Expand family respite care to help families and sustain caregiver health and well-being. (viii) Expand family supportive training and related services designed to help families participate in the planning process, access services, and navigate programs. (ix) Reduce unnecessary hospitalizations and inpatient days by appropriately utilizing community-based services. (x) Reduce recidivism and mitigate unnecessary expenditures of local law enforcement. (xi) Provide local communities with increased financial resources to leverage additional public and private funding sources to achieve improved networks of care for children and youth 21 years of age and under with a mental health disorder. (c) Through appropriations provided in the annual Budget Act for this purpose, it is the intent of the Legislature to authorize the California Health Facilities Financing Authority, hereafter referred to as the authority, and the Behavioral Health Services Oversight and Accountability Commission, hereafter referred to as the commission, to administer competitive selection processes or a sole-source contracting process as provided in this section for capital capacity and program expansion to increase capacity for mobile crisis support, crisis intervention, crisis stabilization services, crisis residential treatment, and specified personnel resources. (d) (1) Funds appropriated by the Legislature to the authority for purposes of this section shall be made available to selected counties or counties acting jointly. (2) The authority may, at its discretion, give consideration to private nonprofit corporations and public agencies in an area or region of the state if a county, or counties acting jointly, affirmatively supports this designation and collaboration in lieu of a county government directly receiving grant funds. (3) Grant awards made by the authority shall be used to expand local resources for the development, capital, equipment acquisition, and applicable program startup or expansion costs to increase capacity for client assistance and services in the following areas: (A) Crisis intervention as authorized by Sections 14021.4, 14680, and 14684. (B) Crisis stabilization as authorized by Sections 14021.4, 14680, and 14684. (C) Crisis residential treatment as authorized by Sections 14021.4, 14680, and 14684 and as provided at a children’s crisis residential program as defined in Section 1502 of the Health and Safety Code. (D) Rehabilitative mental health services as authorized by Sections 14021.4, 14680, and 14684. (E) Mobile crisis support teams, including personnel and equipment, such as the purchase of vehicles. (4) (A) The authority shall develop selection criteria to expand local resources, including those described in paragraph (3), and processes for awarding grants after consulting with representatives and interested stakeholders from the mental health community, including, but not limited to, the County Behavioral Health Directors Association of California, service providers, consumer organizations, and other appropriate interests, such as health care providers and law enforcement, as determined by the authority. (B) The authority shall ensure that grants result in cost-effective expansion of the number of community-based crisis resources in regions and communities selected for funding. (C) The authority shall also take into account at least the following criteria and factors when selecting recipients of grants and determining the amount of grant awards: (i) Description of need, including, at a minimum, a comprehensive description of the project, community need, population to be served, linkage with other public systems of health and mental health care, linkage with local law enforcement, social services, and related assistance, as applicable, and a description of the request for funding. (ii) Ability to serve the target population, which includes individuals eligible for Medi-Cal and individuals eligible for county health and mental health services. (iii) Geographic areas or regions of the state to be eligible for grant awards, which may include rural, suburban, and urban areas, and may include use of the five regional designations utilized by the County Behavioral Health Directors Association of California. (iv) Level of community engagement and commitment to project completion. (v) Financial support that, in addition to a grant that may be awarded by the authority, will be sufficient to complete and operate the project for which the grant from the authority is awarded. (vi) Ability to provide additional funding support to the project, including public or private funding, federal tax credits and grants, foundation support, and other collaborative efforts. (vii) Memorandum of understanding among project partners, if applicable. (viii) Information regarding the legal status of the collaborating partners, if applicable. (ix) Ability to measure key outcomes, including improved access to services, health, and mental health outcomes, and cost benefit of the project. (5) (A) The authority shall determine maximum grants awards, which shall take into consideration the number of projects awarded to the grantee, as described in paragraph (3), and shall reflect reasonable costs for the project and geographic region. (B) The authority may allocate a grant in increments contingent upon the phases of a project. (6) Funds awarded by the authority pursuant to this section may be used to supplement, but not to supplant, existing financial and resource commitments of the grantee or another member of a collaborative effort that has been awarded a grant. (7) (A) All projects that are awarded grants by the authority shall be completed within a reasonable period of time, to be determined by the authority. (B) Funds shall not be released by the authority until the applicant demonstrates project readiness to the authority’s satisfaction. (C) If the authority determines that a grant recipient has failed to complete the project under the terms specified in awarding the grant, the authority may require remedies, including the return of all or a portion of the grant. (8) A grantee that receives a grant from the authority under this section shall commit to using that capital capacity and program expansion project, such as the mobile crisis team, crisis stabilization unit, or crisis residential treatment program, for the duration of the expected life of the project. (9) The authority may consult with a technical assistance entity, as described in paragraph (5) of subdivision (a) of Section 4061, for purposes of implementing this section. (10) The authority may adopt emergency regulations relating to the grants for the capital capacity and program expansion projects described in this section, including emergency regulations that define eligible costs and determine minimum and maximum grant amounts. (11) The authority shall provide reports to the fiscal and policy committees of the Legislature on or before May 1, 2014, and on or before May 1, 2015, on the progress of implementation, that include, but are not limited to, the following: (A) A description of each project awarded funding. (B) The amount of each grant issued. (C) A description of other sources of funding for each project. (D) The total amount of grants issued. (E) A description of project operation and implementation, including who is being served. (12) A recipient of a grant provided pursuant to paragraph (1) shall adhere to all applicable laws relating to scope of practice, licensure, certification, workforce, and building codes. (e) Of the funds specified in paragraph (8) of subdivision (b), it is the intent of the Legislature to authorize the authority to administer competitive selection processes as provided in this section for capital capacity and program expansion to increase capacity for mobile crisis support, crisis intervention, crisis stabilization services, crisis residential treatment, family respite care, family supportive training and related services, and triage personnel resources for children and youth 21 years of age and under. (f) (1) Funds appropriated by the Legislature to the authority to address crisis services for children and youth 21 years of age and under for the purposes of this section shall be made available to selected counties or counties acting jointly. (2) The authority may, at its discretion, also give consideration to private nonprofit corporations and public agencies in an area or region of the state if a county, or counties acting jointly, affirmatively support this designation and collaboration in lieu of a county government directly receiving grant funds. (3) Grant awards made by the authority shall be used to expand local resources for the development, capital, equipment acquisition, and applicable program startup or expansion costs to increase capacity for client assistance and crisis services for children and youth 21 years of age and under in the following areas: (A) Crisis intervention as authorized by Sections 14021.4, 14680, and 14684. (B) Crisis stabilization as authorized by Sections 14021.4, 14680, and 14684. (C) Crisis residential treatment as authorized by Sections 14021.4, 14680, and 14684 and as provided at a children’s crisis residential program as defined in Section 1502 of the Health and Safety Code. (D) Mobile crisis support teams, including the purchase of equipment and vehicles. (E) Family respite care. (4) (A) The authority shall develop selection criteria to expand local resources, including those described in paragraph (3), and processes for awarding grants after consulting with representatives and interested stakeholders from the mental health community, including, but not limited to, county mental health directors, service providers, consumer organizations, and other appropriate interests, such as health care providers and law enforcement, as determined by the authority. (B) The authority shall ensure that grants result in cost-effective expansion of the number of community-based crisis resources in regions and communities selected for funding. (C) The authority shall also take into account at least the following criteria and factors when selecting recipients of grants and determining the amount of grant awards: (i) Description of need, including, at a minimum, a comprehensive description of the project, community need, population to be served, linkage with other public systems of health and mental health care, linkage with local law enforcement, social services, and related assistance, as applicable, and a description of the request for funding. (ii) Ability to serve the target population, which includes individuals eligible for Medi-Cal and individuals eligible for county health and mental health services. (iii) Geographic areas or regions of the state to be eligible for grant awards, which may include rural, suburban, and urban areas, and may include use of the five regional designations utilized by the California Behavioral Health Directors Association. (iv) Level of community engagement and commitment to project completion. (v) Financial support that, in addition to a grant that may be awarded by the authority, will be sufficient to complete and operate the project for which the grant from the authority is awarded. (vi) Ability to provide additional funding support to the project, including public or private funding, federal tax credits and grants, foundation support, and other collaborative efforts. (vii) Memorandum of understanding among project partners, if applicable. (viii) Information regarding the legal status of the collaborating partners, if applicable. (ix) Ability to measure key outcomes, including utilization of services, health and mental health outcomes, and cost benefit of the project. (5) (A) The authority shall determine maximum grant awards, which shall take into consideration the number of projects awarded to the grantee, as described in paragraph (1), and shall reflect reasonable costs for the project, geographic region, and target ages. (B) The authority may allocate a grant in increments contingent upon the phases of a project. (6) Funds awarded by the authority pursuant to this section may be used to supplement, but not to supplant, existing financial and resource commitments of the grantee or another member of a collaborative effort that has been awarded a grant. (7) (A) All projects that are awarded grants by the authority shall be completed within a reasonable period of time, to be determined by the authority. (B) Funds shall not be released by the authority until the applicant demonstrates project readiness to the authority’s satisfaction. (C) If the authority determines that a grant recipient has failed to complete the project under the terms specified in awarding the grant, the authority may require remedies, including the return of all, or a portion, of the grant. (8) A grantee that receives a grant from the authority under this section shall commit to using that capital capacity and program expansion project, such as the mobile crisis team, crisis stabilization unit, family respite care, or crisis residential treatment program, for the duration of the expected life of the project. (9) The authority may consult with a technical assistance entity, as described in paragraph (5) of subdivision (a) of Section 4061, for the purposes of implementing this section. (10) The authority may adopt emergency regulations relating to the grants for the capital capacity and program expansion projects described in this section, including emergency regulations that define eligible costs and determine minimum and maximum grant amounts. (11) The authority shall provide reports to the fiscal and policy committees of the Legislature on or before January 10, 2018, and annually thereafter, on the progress of implementation, that include, but are not limited to, all of the following: (A) A description of each project awarded funding. (B) The amount of each grant issued. (C) A description of other sources of funding for each project. (D) The total amount of grants issued. (E) A description of project operation and implementation, including who is being served. (12) A recipient of a grant provided pursuant to paragraph (1) shall adhere to all applicable laws relating to scope of practice, licensure, certification, workforce, and building codes. (g) (1) (A) Funds appropriated by the Legislature to the commission for purposes of this section shall be allocated to support crisis prevention, early intervention, and crisis response strategies, as determined by the commission with input from peers, county behavioral health agencies, community-based organizations, and others. (B) In allocating these funds, the commission shall consult with the California Health and Human Services Agency and other state agencies as needed, to leverage existing funds and share best practices and shall take into consideration data on populations at risk for experiencing a mental health crisis, including the needs of early childhood, children and youth, transition age youth, adults, and older adults. (C) These funds shall be made available to selected entities, including, but not limited to, counties, counties acting jointly, city mental health departments, other local governmental agencies and community-based organizations, such as health care providers, hospitals, health systems, childcare providers, early childhood education providers, and other entities as determined by the commission through a competitive selection process or a sole-source process, as determined by the commission. (D) The commission may utilize a sole-source process when it determines, during a public hearing, that it is in the public interest to do so and would address barriers to participation for local governmental agencies, including small counties, other local agencies, and community-based organizations or is aligned with the goals of this section. (E) It is the intent of the Legislature for these funds to be allocated in an efficient manner to encourage prevention, early intervention, and receipt of needed services for individuals with mental health needs, or who are at risk of needing crisis services, and to assist in navigating the local service sector to improve efficiencies and the delivery of services. (F) The commission shall consider existing data sources for populations who are at higher risk for experiencing a mental health crisis when allocating these funds. (2) Funding may be used to support services, supports, education, and training that are offered in person, by telephone, by videoconference, or by telehealth with the individual in need of assistance, their significant support person, or others, and may be provided anywhere in the community. These service and related activities may include, but are not limited to, the following: (A) Communication, coordination, and referral. (B) Monitoring service delivery to ensure the individual accesses and receives services. (C) Monitoring the individual’s progress. (D) Providing placement service assistance and service plan development. (E) Education and training. (F) Innovative, best practice, evidence-based, and related approaches to support crisis prevention, early intervention, and crisis response. (3) The commission shall take into account at least the following criteria and factors when selecting recipients and determining the amount of grant awards as follows: (A) Description of need, including potential gaps in local service connections. (B) Description of funding request, including use of peers and peer support. (C) Description of how funding will be used to facilitate linkage and access to services, including objectives and anticipated outcomes. (D) Ability to obtain federal Medicaid reimbursement, if applicable. (E) Ability to administer an effective service program and the degree to which local agencies and service providers will support and collaborate with the effort. (F) Geographic areas or regions of the state to be eligible for grant awards, which shall include rural, suburban, and urban areas, and may include use of the five regional designations utilized by the County Behavioral Health Directors Association of California. (4) The commission shall determine maximum grant awards and shall take into consideration the level of need, population to be served, and related criteria, as described in paragraph (2), and shall reflect reasonable costs. (5) Funds awarded by the commission for purposes of this section may be used to supplement, but not supplant, existing financial and resource commitments of the entities that receive the grant. (6) (A) Notwithstanding any other law, a county, counties acting jointly, a city mental health department, a community-based organization, or other entity that receives an award of funds for the purpose of supporting crisis prevention, early intervention, and crisis response strategies pursuant to this subdivision may be required to provide a matching contribution of local funds. (B) The commission may, at its discretion, allow and approve grants that include matching funds, in whole or in part, to enhance the impact of limited public funding. Matching fund requirements shall not be designed in a manner that will prevent participation from local agencies, community-based organizations, or other entities that are eligible to participate in the funding opportunities created by this section. (7) Notwithstanding any other law, the commission, without taking any further regulatory action, may implement, interpret, or make specific this section by means of informational letters, bulletins, or similar instructions. (h) This section shall become operative on January 1, 2025, if amendments to the Mental Health Services Act are approved by the voters at the March 5, 2024, statewide primary election. (Repealed (in Sec. 65) and added by Stats. 2023, Ch. 790, Sec. 66. (SB 326) Effective October 12, 2023. Operative January 1, 2025, by its own provisions.)
  171. 5848.51.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 3.8. COMMUNITY-BASED SERVICES [5848.5 - 5848.7] ( Part 3.8 added by Stats. 2013, Ch. 34, Sec. 1. )

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    The authority must run and manage a grant program for local community-based mental health, substance use disorder, and trauma-centered facilities, and grant recipients must follow applicable laws.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 3.8. COMMUNITY-BASED SERVICES [5848.5 - 5848.7] ( Part 3.8 added by Stats. 2013, Ch. 34, Sec. 1. ) ## 5848.51. (a) The Legislature finds and declares all of the following: (1) Community alternatives should be expanded to reduce the need for mental health and substance use disorder treatment in jails and prisons. (2) The number of people with serious mental illnesses incarcerated in county jails and the state’s prison system continues to rise. (3) A significant number of individuals with serious mental illness have a co-occurring substance use disorder. (4) The treatment and recovery of individuals with mental health disorders and substance use disorders are important for all levels of government, business, and the local community. (b) Funds appropriated by the Legislature to the authority for the purposes of this section shall be used to establish a competitive grant program designed to promote diversion programs and services by increasing and expanding mental health treatment facilities, substance use disorder treatment facilities, and trauma-centered service facilities, including facilities providing services for sex trafficking victims, domestic violence victims, and victims of other violent crimes, in local communities, through the provision of infrastructure grants. (c) Grant awards made by the authority shall be used to expand local resources for facility acquisition or renovation, equipment acquisition, and applicable program startup or expansion costs to increase availability and capacity to diversion programs described in paragraph (b). (d) Funds appropriated by the Legislature to the authority for the purposes of this section shall be made available to selected counties, city or county, or counties acting jointly. (e) The authority shall develop selection criteria to expand local resources, including those described in subdivision (b), and processes for awarding grants after consulting with representatives and interested stakeholders from the mental health treatment community, substance use disorder treatment community, and trauma recovery center providers, including, but not limited to, county behavioral health directors, service providers, consumer organizations, and other appropriate interests, such as health care providers, law enforcement, trial courts, and formerly incarcerated individuals as determined by the authority. The authority shall monitor that grants result in cost-effective expansion of the number of community-based resources in regions and communities selected for funding. The authority shall also take into account at least the following criteria and factors when selecting recipients of grants and determining the amount of grant awards: (1) Description of need, including, at a minimum, a comprehensive description of the project, community need, population to be served, linkage with other public systems of health and mental health care, linkage with local law enforcement, social services, and related assistance, as applicable, and a description of the request for funding. (2) Ability to serve the target population, which includes individuals eligible for Medi-Cal and individuals eligible for county health and mental health services. (3) Geographic areas or regions of the state to be eligible for grant awards, which may include rural, suburban, and urban areas, and may include use of the five regional designations utilized by the County Behavioral Health Directors Association of California. (4) Level of community engagement and commitment to project completion. (5) Financial support that, in addition to a grant that may be awarded by the authority, will be sufficient to complete and operate the project for which the grant from the authority is awarded. (6) Ability to provide additional funding support to the project, including public or private funding, federal tax credits and grants, foundation support, and other collaborative efforts. (7) Memorandum of understanding among project partners, if applicable. (8) Information regarding the legal status of the collaborating partners, if applicable. (9) Ability to measure key outcomes, including utilization of services, health and mental health outcomes, and cost benefit of the project. (f) The authority shall determine maximum grant awards, which shall take into consideration the number of projects awarded to the grantee, as described in subdivision (c), and shall reflect reasonable costs for the project and geographic region. The authority may allocate a grant in increments contingent upon the phases of a project. (g) Funds awarded by the authority pursuant to this section may be used to supplement, but not to supplant, existing financial and resource commitments of the grantee or any other member of a collaborative effort that has been awarded a grant. (h) All projects that are awarded grants by the authority shall be completed within a reasonable period of time, to be determined by the authority. Funds shall not be released by the authority until the applicant demonstrates project readiness to the authority’s satisfaction. If the authority determines that a grant recipient has failed to complete the project under the terms specified in awarding the grant, the authority may require remedies, including the return of all or a portion of the grant. (i) The authority may consult with a technical assistance entity, as described in paragraph (5) of subdivision (a) of Section 4061, for the purposes of implementing this section. (j) The authority may adopt emergency regulations relating to the grants for the capital capacity and program expansion projects described in this section, including emergency regulations that define eligible costs and determine minimum and maximum grant amounts. (k) (1) The authority shall provide reports to the fiscal and policy committees of the Legislature on or before April 1, 2018, and annually until April 1, 2020, on the progress of implementation that include, but are not limited to, the following: (A) A description of each project awarded funding. (B) The amount of each grant issued. (C) A description of other sources of funding for each project. (D) The total amount of grants issued. (E) A description of project operation and implementation, including who is being served. (2) The requirement for submitting a report imposed under this subdivision is inoperative on April 1, 2024, pursuant to Section 10231.5 of the Government Code. (l) A recipient of a grant provided pursuant to paragraph (b) shall adhere to all applicable laws relating to scope of practice, licensure, certification, staffing, and building codes. (Added by Stats. 2016, Ch. 33, Sec. 52. (SB 843) Effective June 27, 2016.)
  172. 5848.6.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 3.8. COMMUNITY-BASED SERVICES [5848.5 - 5848.7] ( Part 3.8 added by Stats. 2013, Ch. 34, Sec. 1. )

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    The California Health Facilities Financing Authority may adopt certain emergency regulations, but they must be adopted under the Administrative Procedure Act.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 3.8. COMMUNITY-BASED SERVICES [5848.5 - 5848.7] ( Part 3.8 added by Stats. 2013, Ch. 34, Sec. 1. ) ## 5848.6. Any emergency regulations that may be adopted by the California Health Facilities Financing Authority, as described in paragraph (8) of subdivision (d) of Section 5848.5, shall be adopted in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). The adoption of these regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare. (Added by Stats. 2013, Ch. 361, Sec. 3. (SB 101) Effective September 26, 2013.)
  173. 5848.7.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 3.8. COMMUNITY-BASED SERVICES [5848.5 - 5848.7] ( Part 3.8 added by Stats. 2013, Ch. 34, Sec. 1. )

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    Some mental health crisis response programs must be supervised by a licensed mental health professional, with a limited exception and a separate rule when law enforcement works with county behavioral health 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 3.8. COMMUNITY-BASED SERVICES [5848.5 - 5848.7] ( Part 3.8 added by Stats. 2013, Ch. 34, Sec. 1. ) ## 5848.7. (a) (1) Except as described in subdivision (b), any program or pilot program in which mental health professionals respond in collaboration with law enforcement personnel, or in place of law enforcement personnel, to emergency calls related to mental health crises shall ensure that the program is supervised by a licensed mental health professional. (2) This section does not prohibit the licensed mental health professional supervising the program from also responding to calls and providing care. (b) If law enforcement collaborates with county behavioral health agencies, supervision of mental health professionals shall be consistent with existing county behavioral health agency standards and requirements for supervision. (c) For the purposes of this section, a licensed mental health professional means one of the following: (1) A licensed clinical social worker, pursuant to Chapter 14 (commencing with Section 4991) of Division 2 of the Business and Professions Code. (2) A licensed professional clinical counselor, pursuant to Chapter 16 (commencing with Section 4999.10) of Division 2 of the Business and Professions Code. (3) A licensed marriage and family therapist, pursuant to Chapter 13 (commencing with Section 4980) of Division 2 of the Business and Professions Code. (4) A licensed psychologist, pursuant to Chapter 6.6 (commencing with Section 2900) of Division 2 of the Business and Professions Code. (5) A licensed physician under Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code who is either a board certified psychiatrist or has completed a residency in psychiatry. (6) A registered nurse licensed pursuant to Chapter 6 (commencing with Section 2700) of Division 2 of the Business and Professions Code who possesses a master’s degree in psychiatric-mental health nursing and is listed as a psychiatric-mental health nurse by the Board of Registered Nursing, or any advanced practice registered nurse certified as a clinical nurse specialist pursuant to Article 9 (commencing with Section 2838) of Chapter 6 of Division 2 of the Business and Professions Code who participates in expert clinical practice in the specialty of psychiatric-mental health nursing. (d) This section does not alter the scope of practice for a health care professional or authorize the delivery of health care services in a setting or manner that is not authorized pursuant to the Business and Professions Code or the Health and Safety Code. (Added by Stats. 2020, Ch. 137, Sec. 1. (AB 465) Effective January 1, 2021.)
  174. 5849.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 3.9. The No Place Like Home Program [5849.1 - 5849.15] ( Part 3.9 added by Stats. 2016, Ch. 43, Sec. 5. )

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    This section states legislative findings about the No Place Like Home Program and says the section becomes operative on January 1, 2025 if voters approve specified Mental Health Services Act amendments.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 3.9. The No Place Like Home Program [5849.1 - 5849.15] ( Part 3.9 added by Stats. 2016, Ch. 43, Sec. 5. ) ## 5849.1. (a) The Legislature finds and declares that this part is consistent with and furthers the purposes of the Mental Health Services Act, enacted by Proposition 63 at the November 2, 2004, statewide general election, within the meaning of Section 18 of that measure. (b) The Legislature further finds and declares all of the following: (1) Housing is a key factor for stabilization and recovery to occur and results in improved outcomes for individuals living with a mental illness. (2) Untreated mental illness can increase the risk of homelessness, especially for single adults. (3) California has the nation’s largest homeless population, which is disproportionally comprised of women with children and youth, veterans, and the chronically homeless. (4) California has the largest number of homeless veterans in the United States at 24 percent of the total population in our nation. Fifty percent of California’s homeless veterans live with serious mental illness and 70 percent have a substance use disorder. (5) Fifty percent of mothers experiencing homelessness have experienced a major depressive episode since becoming homeless, and 36 percent of these mothers live with post-traumatic stress disorder and 41 percent have a substance use disorder. (6) Ninety-three percent of supportive housing tenants who live with mental illness and substance use disorders voluntarily participated in the services offered. (7) Adults who receive two years of “whatever-it-takes,” or Full-Service Partnership services, experience a 68-percent reduction in homelessness. (8) For every dollar of bond funds invested in permanent supportive housing, the state and local governments can leverage a significant amount of additional dollars through tax credits, Medicaid health services funding, and other housing development funds. (9) Tenants of permanent supportive housing reduced their visits to the emergency department by 56 percent and their hospital admissions by 45 percent. (10) The cost in public services for a chronically homeless Californian ranges from $60,000 to $100,000 annually. When housed, these costs are cut in half and some reports show reductions in cost of more than 70 percent, including potentially less involvement with the health and criminal justice systems. (11) Californians have identified homelessness as their top tier priority. This measure seeks to address the needs of the most vulnerable people within this population. (12) Having counties provide mental health programming and services is a benefit to the state. (13) The Department of Housing and Community Development is the state entity with sufficient expertise to implement and oversee a grant or loan program for permanent supportive housing of the target population. (14) The California Health Facilities Financing Authority is authorized by law to issue bonds and to consult with the Behavioral Health Services Oversight and Accountability Commission and the State Department of Health Care Services concerning the implementation of a grant or loan program for California counties to support the development of programs that increase access to, and capacity for, crisis mental health services. It is therefore appropriate for the authority to issue bonds and contract for services with the Department of Housing and Community Development to provide grants or loans to California counties for permanent supportive housing for the target population. (15) Use of bond funding will accelerate the availability of funding for the grant or loan program to provide permanent supportive housing for the target population as compared to relying on annual allocations from the Behavioral Health Services Fund and better allow counties to provide permanent supportive housing for homeless individuals living with mental illness. (16) The findings and declarations set forth in subdivision (c) of Section 5849.35 are hereby incorporated herein. (c) This section shall become operative on January 1, 2025, if amendments to the Mental Health Services Act are approved by the voters at the March 5, 2024, statewide primary election. (Repealed (in Sec. 67) and added by Stats. 2023, Ch. 790, Sec. 68. (SB 326) Effective October 12, 2023. Operative January 1, 2025, by its own provisions.)
  175. 5849.10.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 3.9. The No Place Like Home Program [5849.1 - 5849.15] ( Part 3.9 added by Stats. 2016, Ch. 43, Sec. 5. )

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    The department must use the appropriated funds to provide technical and application-preparation assistance to counties, and must provide set grant amounts to counties that 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 3.9. The No Place Like Home Program [5849.1 - 5849.15] ( Part 3.9 added by Stats. 2016, Ch. 43, Sec. 5. ) ## 5849.10. (a) The sum of six million two hundred thousand dollars ($6,200,000) is hereby appropriated from the Mental Health Services Fund to the department to provide technical and application preparation assistance to counties. (b) Eligible use of technical and application preparation assistance shall include, but is not limited to, assistance in performing one or more of the following activities: (1) Applying for program funds. (2) Implementing activities funded by moneys distributed pursuant to this part, including the development of supportive housing for the target population. (3) Coordinating funded activities with local homelessness systems, including coordinated access systems developed pursuant to Section 578.7(a)(8) of Title 24 of the Code of Federal Regulations, as that section read on May 1, 2016. (4) Delivering a range of supportive services to tenants. (5) Collecting data, evaluating program activities, and sharing data among multiple systems, such as the Mental Health Services Act, enacted by Proposition 63 at the November 2, 2004, statewide general election, the Medi-Cal Act (Chapter 7 (commencing with Section 14000) of Part 3 of Division 9) and implementing regulations, and homelessness systems. (c) The department shall provide funds to a county upon application as follows: (1) To a large county and to the County of Los Angeles, the department shall provide one hundred fifty thousand dollars ($150,000). (2) To a medium county, the department shall provide one hundred thousand dollars ($100,000). (3) To a small county, the department shall provide seventy-five thousand dollars ($75,000). (d) If a county does not expend the moneys allocated pursuant to subdivision (c) by June 30, 2020, those moneys shall be used to augment the funding pursuant to subdivision (e). (e) The department may contract for expert technical assistance and application preparation assistance. The department shall deploy such assistance to counties based upon a process to be defined in guidelines. (f) The department may establish a unit for the purpose of providing technical assistance to counties. (Added by Stats. 2016, Ch. 43, Sec. 5. (AB 1618) Effective July 1, 2016.)
  176. 5849.11.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 3.9. The No Place Like Home Program [5849.1 - 5849.15] ( Part 3.9 added by Stats. 2016, Ch. 43, Sec. 5. )

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    Counties must report annually to the department on funded activities, and the department must make related reports and submit an annual report to the authority.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 3.9. The No Place Like Home Program [5849.1 - 5849.15] ( Part 3.9 added by Stats. 2016, Ch. 43, Sec. 5. ) ## 5849.11. (a) The counties shall annually report to the department on activities funded under this part, including information on the funded supportive housing development. Reported information shall include location of projects, number of units assisted, occupancy restrictions, number of individuals and households served, related income levels, and homeless, veteran, and mental health status. (b) The department shall include a report on the program in the annual report required by Section 50408 of the Health and Safety Code, commencing with the year after the first full year in which the program is in effect. The report shall contain the following: (1) The processes established for distributing funds. (2) The distribution of funds among counties. (3) Any recommendations as to modifications to the program for the purpose of improving efficiency or furthering the goals of the program. (c) The department shall submit a report to the authority by December 31 of each year, commencing with the year after the first full year in which the program is in effect, that contains the information described in subdivision (a) and paragraphs (1) and (2) of subdivision (b) for all counties participating in the program and the services that have been provided pursuant to any service contracts entered into pursuant to Section 5849.35. (Amended by Stats. 2023, Ch. 770, Sec. 22. (AB 1764) Effective January 1, 2024.)
  177. 5849.12.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 3.9. The No Place Like Home Program [5849.1 - 5849.15] ( Part 3.9 added by Stats. 2016, Ch. 43, Sec. 5. )

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    If funds are appropriated for this section, the department must hire a California research university to evaluate the program and prepare the research design and request for proposal.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 3.9. The No Place Like Home Program [5849.1 - 5849.15] ( Part 3.9 added by Stats. 2016, Ch. 43, Sec. 5. ) ## 5849.12. (a) Upon an appropriation of funds for the purpose of this section, the department shall contract with a public or private research university in this state to evaluate the program. The department shall develop the research design and issue a request for proposal for a contract for the evaluation, with the assistance of the Legislative Analyst’s Office and the Department of Finance. (b) The department shall submit the final research design and request for proposal required by subdivision (a) to the Chairperson of the Joint Legislative Budget Committee no more than 30 days prior to executing a contract for the evaluation. (Added by Stats. 2016, Ch. 43, Sec. 5. (AB 1618) Effective July 1, 2016.)
  178. 5849.13.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 3.9. The No Place Like Home Program [5849.1 - 5849.15] ( Part 3.9 added by Stats. 2016, Ch. 43, Sec. 5. )

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    A validity challenge for certain authorized contracts, loans, bonds, and related bond contracts may be brought under Government Code section 17700.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 3.9. The No Place Like Home Program [5849.1 - 5849.15] ( Part 3.9 added by Stats. 2016, Ch. 43, Sec. 5. ) ## 5849.13. An action to determine the validity of any contract or loan authorized pursuant to Section 5849.35 or of any bond authorized to be issued pursuant to Section 15463 of the Government Code, and any contracts related to those bonds, may be brought in accordance with Section 17700 of the Government Code. (Repealed and added by Stats. 2016, Ch. 322, Sec. 13. (AB 1628) Effective September 13, 2016.)
  179. 5849.14.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 3.9. The No Place Like Home Program [5849.1 - 5849.15] ( Part 3.9 added by Stats. 2016, Ch. 43, Sec. 5. )

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    The Department of Finance may authorize short-term loans from the General Fund to the No Place Like Home Fund, up to $2,000,000 total, and the loans must be repaid within 30 days after bond proceeds are deposited into the fund.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 3.9. The No Place Like Home Program [5849.1 - 5849.15] ( Part 3.9 added by Stats. 2016, Ch. 43, Sec. 5. ) ## 5849.14. The Department of Finance may authorize one or more loans from the General Fund to the No Place Like Home Fund for cashflow purposes in an aggregate amount not to exceed two million dollars ($2,000,000) subject to the following conditions: (a) The loans are for either of the following purposes: (1) To allow the department to begin program implementation activities, including, but not limited to, drafting program guidelines and regulations. (2) To allow the department, the authority, and the Treasurer to implement Section 5849.35 of this code and Section 15463 of the Government Code, including, but not limited to, payment for financial advisory and legal services to prepare for, and in connection with, any validation action pursuant to Section 5849.13 or any other court action regarding this part or Section 15463 of the Government Code. (b) The loans are short term, and shall be repaid within 30 days after the deposit of bond proceeds into the fund pursuant to paragraph (1) of subdivision (b) of Section 5849.4. (c) Interest charges may be waived pursuant to subdivision (e) of Section 16314 of the Government Code. (Amended by Stats. 2017, Ch. 561, Sec. 274. (AB 1516) Effective January 1, 2018.)
  180. 5849.15.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 3.9. The No Place Like Home Program [5849.1 - 5849.15] ( Part 3.9 added by Stats. 2016, Ch. 43, Sec. 5. )

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    This section ratifies and approves several related provisions and authorizes bond issuance up to $2 billion for the No Place Like Home Program and related purposes.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 3.9. The No Place Like Home Program [5849.1 - 5849.15] ( Part 3.9 added by Stats. 2016, Ch. 43, Sec. 5. ) ## 5849.15. The voters ratify all of the following provisions as being consistent with and in furtherance of Proposition 63, enacted by the voters at the November 2, 2004, statewide general election, and approve all of the following provisions for purposes of Section 1 of Article XVI of the California Constitution: (a) Chapter 43 of the Statutes of 2016, which amended Sections 5830, 5845, 5847, 5848, 5897, and 5899 and added this part. (b) Chapter 322 of the Statutes of 2016, which added Section 15463 to the Government Code, and amended Sections 5849.1, 5849.2, 5849.3, 5849.4, 5849.5, 5849.7, 5849.8, 5849.9, 5849.11, 5849.14, 5890, and 5891 of, added Section 5849.35 to, and repealed and added Section 5849.13 of, this code. (c) Those provisions of Chapter 561 of the Statutes of 2017 that amended any of the provisions referenced in subdivisions (a) and (b). (d) The amendments to Section 5849.35, 5849.4, and 5890 made by the act adding this section. (e) The issuance by the California Health Facilities Financing Authority of bonds in an amount not to exceed two billion dollars ($2,000,000,000) for the purposes of financing permanent supportive housing pursuant to the No Place Like Home Program and related purposes as set forth in subdivision (b) of Section 15463 of the Government Code, the issuance of bonds for the purpose of redeeming, refunding, or retiring bonds as set forth in subdivision (c) of Section 15463 of the Government Code, and the process by which those bonds are issued, secured, and repaid, as set forth in the provisions referenced in subdivisions (a) to (d), inclusive. (Added by Stats. 2018, Ch. 41, Sec. 5. Effective December 19, 2018. Approved in Proposition 2 at the November 6, 2018, election.)
  181. 5849.2.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 3.9. The No Place Like Home Program [5849.1 - 5849.15] ( Part 3.9 added by Stats. 2016, Ch. 43, Sec. 5. )

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    This section defines terms used in the No Place Like Home Program and says the section becomes operative on January 1, 2025 if the specified voter approval occurs.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 3.9. The No Place Like Home Program [5849.1 - 5849.15] ( Part 3.9 added by Stats. 2016, Ch. 43, Sec. 5. ) ## 5849.2. As used in this part, the following definitions shall apply: (a) “At risk of chronic homelessness” includes, but is not limited to, persons who are at high risk of long-term or intermittent homelessness, including persons with mental illness exiting institutionalized settings, including, but not limited to, jail, mental health, and substance use disorder facilities, who were homeless prior to admission, transition age youth experiencing homelessness or with significant barriers to housing stability, and others, as defined in program guidelines. (b) “Authority” means the California Health Facilities Financing Authority established pursuant to Part 7.2 (commencing with Section 15430) of Division 3 of Title 2 of the Government Code. (c) “Capitalized operating reserves” has the same meaning as defined in Section 50058.8 of the Health and Safety Code. (d) “Chronically homeless” has the same meaning as defined in Section 578.3 of Title 24 of the Code of Federal Regulations as that section read on May 1, 2016, or as otherwise modified or expanded by the State Department of Health Care Services. (e) “Commission” means the Behavioral Health Services Oversight and Accountability Commission established by Section 5845. (f) “Committee” means the No Place Like Home Program Advisory Committee established pursuant to Section 5849.3. (g) “County” includes, but is not limited to, a city and a city and county receiving funds pursuant to Section 5701.5. (h) “Department” means the Department of Housing and Community Development. (i) “Development sponsor” has the same meaning as “sponsor” as defined in Section 50675.2 of the Health and Safety Code. (j) “Fund” means the No Place Like Home Fund established pursuant to Section 5849.4. (k) “Homeless” has the same meaning as defined in Section 578.3 of Title 24 of the Code of Federal Regulations as that section read on May 1, 2016. (l) “Permanent supportive housing” has the same meaning as “supportive housing,” as defined in Section 50675.14 of the Health and Safety Code, except that “permanent supportive housing” shall include associated facilities if used to provide services to housing residents. (m) (1) “Program” means the process for awarding funds and distributing moneys to applicants established in Sections 5849.7, 5849.8, and 5849.9 and the ongoing monitoring and enforcement of the applicants’ activities pursuant to Sections 5849.8, 5849.9, and 5849.11. (2) “Competitive program” means the portion of the program established by Section 5849.8. (3) “Distribution program” means the portion of the program described in Section 5849.9. (n) “Target population” means individuals or households, as provided in Section 5600.3, who are homeless, chronically homeless, or at risk of chronic homelessness. (o) This section shall become operative on January 1, 2025, if amendments to the Mental Health Services Act are approved by the voters at the March 5, 2024, statewide primary election. (Amended by Stats. 2025, Ch. 22, Sec. 66. (AB 130) Effective June 30, 2025.)
  182. 5849.3.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 3.9. The No Place Like Home Program [5849.1 - 5849.15] ( Part 3.9 added by Stats. 2016, Ch. 43, Sec. 5. )

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    This section establishes the No Place Like Home Program Advisory Committee and tells the committee to advise the department and review its guidelines and funding progress.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 3.9. The No Place Like Home Program [5849.1 - 5849.15] ( Part 3.9 added by Stats. 2016, Ch. 43, Sec. 5. ) ## 5849.3. (a) There is hereby established the No Place Like Home Program Advisory Committee. Membership on the committee shall be as follows: (1) The Director of Housing and Community Development, or their designee, who shall serve as the chairperson of the committee. (2) The Director of Health Care Services, or their designee, and an additional representative. (3) The Secretary of Veterans Affairs or their designee. (4) The Director of Social Services or their designee. (5) The Treasurer or their designee. (6) The Chair of the Behavioral Health Services Oversight and Accountability Commission or their designee. (7) A chief administrative officer of a small county or a member of a county board of supervisors of a small county, as provided by subdivision (d) of Section 5849.6, to be appointed by the Governor. (8) A chief administrative officer of a large county or a member of a county board of supervisors of a large county, as provided by subdivision (b) of Section 5849.6, to be appointed by the Governor. (9) A director of a county behavioral health department, to be appointed by the Governor. (10) An administrative officer of a city, to be appointed by the Governor. (11) A representative of an affordable housing organization, to be appointed by the Speaker of the Assembly. (12) A resident of supportive housing, to be appointed by the Governor. (13) A representative of a community behavioral health organization, to be appointed by the Senate Committee on Rules. (14) A representative of a local or regional continuum of care organization that coordinates homelessness funding, to be appointed by the Governor. (b) The committee shall do all of the following: (1) Assist and advise the department in the implementation of the program. (2) Review and make recommendations on the department’s guidelines. (3) Review the department’s progress in distributing moneys pursuant to this part. (4) Provide advice and guidance more broadly on statewide homelessness issues. (c) This section shall become operative on January 1, 2025, if amendments to the Mental Health Services Act are approved by the voters at the March 5, 2024, statewide primary election. (Repealed (in Sec. 71) and added by Stats. 2023, Ch. 790, Sec. 72. (SB 326) Effective October 12, 2023. Operative January 1, 2025, by its own provisions.)
  183. 5849.35.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 3.9. The No Place Like Home Program [5849.1 - 5849.15] ( Part 3.9 added by Stats. 2016, Ch. 43, Sec. 5. )

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    The authority and the department may make and manage certain contracts and loan agreements for the No Place Like Home Program, and the authority must certify payment amounts twice a year.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 3.9. The No Place Like Home Program [5849.1 - 5849.15] ( Part 3.9 added by Stats. 2016, Ch. 43, Sec. 5. ) ## 5849.35. (a) The authority may do all of the following: (1) Consult with the commission and the State Department of Health Care Services concerning the implementation of the No Place Like Home Program, including the review of annual reports provided to the authority by the department pursuant to Section 5849.11. (2) Enter into one or more single-year or multiyear contracts with the department for the department to provide, and the authority to pay the department for providing, services described in Sections 5849.7, 5849.8, and 5849.9, related to permanent supportive housing for the target population and to provide for payments to the department from amounts on deposit in the Supportive Housing Program Subaccount created within the Behavioral Health Services Fund pursuant to paragraph (1) of subdivision (f) of Section 5890. Before entering into any contract pursuant to this paragraph, the executive director of the authority shall transmit to the commission a copy of the contract in substantially final form. The contract shall be deemed approved by the commission unless it acts within 10 days to disapprove the contract. (3) On or before June 15 and December 15 of each year, the authority shall certify to the Controller the amounts the authority is required to pay as provided in Section 5890 for the following six-month period to the department pursuant to any service contract entered into pursuant to paragraph (2). (b) The department may do all of the following: (1) Enter into one or more single-year or multiyear contracts with the authority to provide services described in Sections 5849.7, 5849.8, and 5849.9, related to permanent supportive housing for the target population and to receive payments from amounts on deposit in the Supportive Housing Program Subaccount pursuant to paragraph (1) of subdivision (f) of Section 5890. Payments received by the department under any service contract authorized by this paragraph shall be used, before any other allocation or distribution, to repay loans from the authority pursuant to Section 15463 of the Government Code. (2) Enter into one or more loan agreements with the authority as security for the repayment of the revenue bonds issued by the authority pursuant to Section 15463 of the Government Code. The department shall deposit the proceeds of these loans, excluding any refinancing loans to redeem, refund, or retire bonds, into the fund. The department’s obligations to make payments under these loan agreements shall be limited obligations payable solely from amounts received pursuant to its service contracts with the authority. (3) The department may pledge and assign its right to receive all or a portion of the payments under the service contracts entered into pursuant to paragraph (1) directly to the authority or its bond trustee for the payment of principal, premiums, if any, and interest under any loan agreement authorized by paragraph (2). (c) The Legislature hereby finds and declares both of the following: (1) The consideration to be paid by the authority to the department for the services provided pursuant to the contracts authorized by paragraph (2) of subdivision (a) and paragraph (1) of subdivision (b) is fair and reasonable and in the public interest. (2) The service contracts and payments made by the authority to the department pursuant to a service contract authorized by paragraph (2) of subdivision (a) and paragraph (1) of subdivision (b) and the loan agreements and loan repayments made by the department to the authority pursuant to a loan agreement authorized by paragraph (2) of subdivision (b) shall not constitute a debt or liability, or a pledge of the faith and credit, of the state or any political subdivision, except as approved by the voters at the November 6, 2018, statewide general election. (d) The state hereby covenants with the holders from time to time of any bonds issued by the authority pursuant to Section 15463 of the Government Code that it will not alter, amend, or restrict the provisions of this section, paragraph (1) of subdivision (f) of Section 5890, subdivision (b) of Section 5891, Section 19602.5 of the Revenue and Taxation Code, or any other provision requiring the deposit of the revenues derived from the additional tax imposed under Section 17043 of the Revenue and Taxation Code into the Behavioral Health Services Fund in any manner adverse to the interests of those bondholders so long as any of those bonds remain outstanding. The authority may include this covenant in the resolution, indenture, or other documents governing the bonds. (e) Agreements under this section are not subject to, and need not comply with, the requirements of any other law applicable to the execution of those agreements, including, but not limited to, the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). (f) Chapter 2 (commencing with Section 10290) of Part 2 of Division 2 of the Public Contract Code shall not apply to any contract entered into between the authority and the department under this section. (Amended by Stats. 2024, Ch. 40, Sec. 44. (SB 159) Effective June 29, 2024. Operative January 1, 2025, pursuant to Sec. 85 of Stats. 2024, Ch. 40. Note: This section was amended on Nov. 6, 2018, by Prop 2.)
  184. 5849.4.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 3.9. The No Place Like Home Program [5849.1 - 5849.15] ( Part 3.9 added by Stats. 2016, Ch. 43, Sec. 5. )

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    Creates the No Place Like Home Fund in the State Treasury and allows part of it to be used for administrative expenses.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 3.9. The No Place Like Home Program [5849.1 - 5849.15] ( Part 3.9 added by Stats. 2016, Ch. 43, Sec. 5. ) ## 5849.4. (a) The No Place Like Home Fund is hereby created within the State Treasury and, notwithstanding Section 13340 of the Government Code, continuously appropriated to the department, the authority, and the Treasurer for the purposes of this part. Accounts and subaccounts may be created within the fund as needed. Up to 5 percent of the amount deposited in the fund may be used for administrative expenses in implementing this part. (b) There shall be paid into the fund the following: (1) Any moneys from the receipt of loan proceeds by the department derived from the issuance of bonds by the authority under subdivision (b) of Section 15463 of the Government Code. (2) Any appropriation or transfer to the fund from the General Fund or other funds. (3) Any other federal or state grant, or from any private donation or grant, for the purposes of this part. (4) Any interest payment, loan repayments, or other return of funds. (Amended by Stats. 2018, Ch. 41, Sec. 4. Effective December 19, 2018. Approved in Proposition 2 at the November 6, 2018, election.)
  185. 5849.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 3.9. The No Place Like Home Program [5849.1 - 5849.15] ( Part 3.9 added by Stats. 2016, Ch. 43, Sec. 5. )

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    The department may adopt guidelines or regulations, including emergency regulations, to speed up awards of money under this part, and must consult key stakeholders, including counties.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 3.9. The No Place Like Home Program [5849.1 - 5849.15] ( Part 3.9 added by Stats. 2016, Ch. 43, Sec. 5. ) ## 5849.5. The department may adopt guidelines or regulations, including emergency regulations to expedite the award of moneys pursuant to this part, in consultation with the California State Association of Counties and other stakeholders, as necessary to exercise the powers and perform the duties conferred or imposed on it by this part. Any guideline or regulation adopted pursuant to this section shall not be subject to the requirements of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). The department shall consult with key stakeholders, including, but not limited to, counties. (Amended by Stats. 2016, Ch. 322, Sec. 7. (AB 1628) Effective September 13, 2016.)
  186. 5849.6.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 3.9. The No Place Like Home Program [5849.1 - 5849.15] ( Part 3.9 added by Stats. 2016, Ch. 43, Sec. 5. )

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    The department must group counties by population for administering the program and use those groupings to distribute funding under a calculation that includes homeless population counts and minimum funding needs.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 3.9. The No Place Like Home Program [5849.1 - 5849.15] ( Part 3.9 added by Stats. 2016, Ch. 43, Sec. 5. ) ## 5849.6. For the purpose of administering Sections 5849.7 and 5849.8, the department shall organize counties into the following competitive groupings based on population: (a) The County of Los Angeles. (b) Large counties with a population greater than 750,000. (c) Medium counties with a population between 200,000 to 750,000. (d) Small counties with a population less than 200,000. The competitive program shall distribute funding among the groupings based on a calculation made by the department that shall include the number of homeless persons residing within each county, as determined by the department, and considers minimum funding levels necessary for a permanent supportive housing development. The department, at its discretion, may consider other factors in the calculation if it supports the objectives of this part. (Added by Stats. 2016, Ch. 43, Sec. 5. (AB 1618) Effective July 1, 2016.)
  187. 5849.7.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 3.9. The No Place Like Home Program [5849.1 - 5849.15] ( Part 3.9 added by Stats. 2016, Ch. 43, Sec. 5. )

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    The department may contract with the authority to finance permanent supportive housing, but it must use best efforts to provide that housing and adopt income and rent guidelines.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 3.9. The No Place Like Home Program [5849.1 - 5849.15] ( Part 3.9 added by Stats. 2016, Ch. 43, Sec. 5. ) ## 5849.7. (a) In order to finance permanent supportive housing for the target population, the department may enter into one or more contracts with the authority as authorized pursuant to Section 5849.35 to provide services for the benefit of the people of the state as described in this section and Sections 5849.8 and 5849.9. The department shall use its best efforts to provide or cause to be provided permanent supportive housing for the target population in consideration for service contract payments to be received from the authority. (b) Under any service contract with the authority, the department shall administer a competitive program, pursuant to Section 5849.8, and distribution program, pursuant to Section 5849.9, for awarding a total amount not to exceed two billion dollars ($2,000,000,000) among counties to finance capital costs including, but not limited to, acquisition, design, construction, rehabilitation, or preservation, and to capitalize operating reserves, of permanent supportive housing for the target population. For purposes of this section and Sections 5849.8 and 5849.9, measurement of the dollar limit on amounts to be distributed by the department shall be based on the principal amount of bonds issued by the authority and loaned to the department, exclusive of any refunding bonds but including any net premium derived from the sale of the bonds, for deposit in the fund. There shall be no dollar limit on the distribution of moneys in the fund derived from the sources described in paragraphs (2) and (3) of subdivision (b) of Section 5849.4. (c) For the competitive program established by Section 5849.8, the following shall apply: (1) A county may apply as the sole applicant if it is the development sponsor or jointly with a separate entity as development sponsor. (2) Funded developments shall integrate the target population with the general public. (3) Funded developments shall utilize low barrier tenant selection practices that prioritize vulnerable populations and offer flexible, voluntary, and individualized supportive services. (4) The guidelines may provide for alternative housing models, such as shared housing models of fewer than five units. Integration requirements may be modified in shared housing. (5) Funds shall be offered as either of the following: (A) Deferred payment loans to finance capital costs including acquisition, design, construction, rehabilitation, or preservation, of permanent supportive housing for the target population. (B) Grants for the capitalized operating subsidy reserve, as specified by the department in its guidelines, for permanent supportive housing for the target population. (6) The department shall adopt guidelines establishing income and rent standards. (Amended by Stats. 2020, Ch. 165, Sec. 12. (SB 1030) Effective September 25, 2020.)
  188. 5849.8.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 3.9. The No Place Like Home Program [5849.1 - 5849.15] ( Part 3.9 added by Stats. 2016, Ch. 43, Sec. 5. )

    Verify source ↗

    The department may fund the program, but it must run a competitive application process, set eligibility rules, evaluate applications, and enter a regulatory agreement before disbursing funds.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 3.9. The No Place Like Home Program [5849.1 - 5849.15] ( Part 3.9 added by Stats. 2016, Ch. 43, Sec. 5. ) ## 5849.8. (a) Under any service contract entered into pursuant to Section 5849.35, the department may allocate an amount not to exceed one billion eight hundred million dollars ($1,800,000,000) from the fund for the purposes of the competitive program described in this subdivision and the alternative process described in subdivision (b). The department shall develop a competitive application process for the purpose of awarding moneys pursuant to this section. In considering applications, the department shall do all of the following: (1) Restrict eligibility to applicants that meet the following minimum criteria: (A) The county commits to provide mental health supportive services and to coordinate the provision of or referral to other services, including, but not limited to, substance use treatment services, to the tenants of the supportive housing development for at least 20 years. Services shall be provided onsite at the supportive housing development or in a location otherwise easily accessible to tenants. The county may use, but is not restricted to using, any of the following available funding sources as allowed by state and federal law: (i) The Local Mental Health Services Fund established pursuant to subdivision (f) of Section 5892. (ii) The Mental Health Account within the Local Health Welfare Trust Fund established pursuant to Section 17600.10. (iii) The Behavioral Health Subaccount within the County Local Revenue Fund 2011 established pursuant to paragraph (4) of subdivision (f) of Section 30025 of the Government Code. (iv) Funds received from other private or public entities. (v) Other county funds. (B) The county has developed a county plan to combat homelessness, which includes a description of homelessness countywide, any special challenges or barriers to serving the target population, county resources applied to address the issue, available community-based resources, an outline of partners and collaborations, and proposed solutions. (C) Meet other threshold requirements, including, but not limited to, developer capacity to develop, own, and operate a permanent supportive housing development for the target population, application proposes a financially feasible development with reasonable development costs. (2) The department shall evaluate applications using, at minimum, the following criteria: (A) The extent to which units assisted by the program are restricted to persons who are chronically homeless or at risk of chronic homelessness within the target population. (B) The extent to which funds are leveraged for capital costs. (C) The extent to which projects achieve deeper affordability through the use of nonstate project-based rental assistance, operating subsidies, or other funding. (D) Project readiness. (E) The extent to which applicants offer a range of onsite and off-site supportive services to tenants, including mental health services, behavioral health services, primary health, employment, and other tenancy support services. (F) Past history of implementing programs that use evidence-based best practices that have led to the reduction of the number of chronic homeless or at risk of chronic homelessness individuals within the target population. (b) The department may establish an alternative process for allocating funds directly to counties, as calculated in Section 5849.6, with at least 5 percent of the state’s homeless population and that demonstrate the capacity to directly administer loan and grant funds for permanent supportive housing serving the target population and the ability to prioritize individuals with mental health supportive needs who are homeless or at risk of chronic homelessness, consistent with this part and as determined by the department. The department shall adopt guidelines establishing the parameters of an alternative process, if any, and requirements for local administration of funds, including, but not limited to, project selection process, eligible use of funds, loan and grant terms, rent and occupancy restrictions, provision of services, and reporting and monitoring requirements. Counties participating in the alternative process shall not be eligible for the competitive process and shall be limited to funds in proportion to their share of the percentage of the statewide homeless population, as calculated by the department in Section 5849.6. Funds not committed to supportive housing developments within two years following award of funds to counties shall be returned to the state for the purposes of the competitive program. The department shall consider the following when selecting participating counties: (1) Demonstrated ability to finance permanent supportive housing with local and federal funds, and monitor requirements for the life of the loan. (2) Past history of delivering supportive services to the target population in housing. (3) Past history of committing project-based vouchers to supportive housing. (4) Ability to prioritize the most vulnerable within the target population through coordinated entry system. (c) The department shall set aside 8 percent of funds offered in rounds 1 to 4, inclusive, for the competitive program for small counties as provided in subdivision (d) of Section 5849.6. (d) The department shall award funds for the competitive program in at least four rounds as follows: (1) The department shall issue its first request for proposal for the competitive program no later than 180 days after the effective date of a final judgment, with no further opportunity for appeals, in any court proceeding affirming the validity of the contracts authorized by the authority and the department pursuant to Section 5849.35 and any bonds authorized to be issued by the authority pursuant to Section 15463 of the Government Code and any contracts related to those bonds. (2) The second round shall be completed no later than one year after the completion of the first round. (3) The third round shall be completed no later than one year after the completion of the second round. (4) The fourth round shall be completed no later than one year after the completion of the third round. (5) Subsequent rounds shall occur annually thereafter in order to fully exhaust remaining funds and the department may discontinue the use of the competitive groupings in Section 5849.6, the alternative process in subdivision (b) for any funds not awarded by the county, and the rural set-aside funds as set forth in subdivision (c). (e) (1) Any loans for capital costs made by the department pursuant to this section shall be in the form of secured deferred payment loans to pay for the eligible costs of development. All unpaid principal and accumulated interest is due and payable no later than completion of the term of the loan, which shall be established through program guidelines adopted pursuant to Section 5849.5. The loan shall bear simple interest at a rate of 3 percent per annum on the unpaid principal balance. The department shall require annual loan payments in the minimum amount necessary to cover the costs of project monitoring. For the first 15 years of the loan term, the amount of the required loan payments shall not exceed forty-two hundredths of 1 percent per annum. Funds shall be offered as grants for the capitalized operating reserves. (2) The department may establish maximum loan-to-value requirements for some or all of the types of projects that are eligible for funding under this part, which shall be established through program guidelines adopted pursuant to Section 5849.5. (3) The department shall establish per-unit and per-project loan limits for all project types. (f) (1) The department may designate an amount not to exceed 4 percent of funds allocated for the competitive program, not including funding allocated pursuant to subdivision (b), in order to cure or avert a default on the terms of any loan or other obligation by the recipient of financial assistance, or bidding at any foreclosure sale where the default or foreclosure sale would jeopardize the department’s security in the rental housing development assisted pursuant to this part. The funds so designated shall be known as the “default reserve.” (2) The department may use default reserve funds made available pursuant to this section to repair or maintain any rental housing development assistance pursuant to this part to protect the department’s security interest. (3) The payment or advance of funds by the department pursuant to this subdivision shall be exclusively within the department’s discretion, and no person shall be deemed to have any entitlement to the payment or advance of those funds. The amount of any funds expended by the department for the purposes of curing or averting a default shall be added to the loan amount secured by the rental housing development and shall be payable to the department upon demand. (g) (1) Before disbursement of any funds for loans or grants made pursuant to this section, the department shall enter into a regulatory agreement with the development sponsor that provides for all of the following: (A) Sets standards for tenant selection to ensure occupancy of assisted units by eligible households of very low and low income for the term of the agreement. (B) Governs the terms of occupancy agreements. (C) Contains provisions to maintain affordable rent levels to serve eligible households. (D) Provides for periodic inspections and review of yearend fiscal audits and related reports by the department. (E) Permits a developer to distribute earnings in an amount established by the department and based on the number of units in the rental housing development. (F) Has a term for not less than the original term of the loan. (G) Contains any other provisions necessary to carry out the purposes of this part. (2) The agreement shall be binding upon the developer and successors in interest upon sale or transfer of the rental housing development regardless of any prepayment of the loan. (3) The agreement shall be recorded in the office of the county recorder in the county in which the real property subject to the agreement is located. (h) (1) The department shall monitor county compliance with applicable program regulations, loan agreements and regulatory agreements, and any agreements related to the program that designate the department as a third-party beneficiary, and enforce those regulations and agreements to the extent necessary and desirable in order to provide, to the greatest degree possible, the successful provision of permanent supportive housing. (2) The department shall annually report to the authority the status of its efforts pursuant to this section and Section 5849.9, as set forth in Section 5849.11. (i) The department may provide technical assistance to counties or developers of supportive housing to facilitate the construction of permanent supportive housing for the target population. (Amended by Stats. 2020, Ch. 165, Sec. 13. (SB 1030) Effective September 25, 2020.)
  189. 5849.9.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 3.9. The No Place Like Home Program [5849.1 - 5849.15] ( Part 3.9 added by Stats. 2016, Ch. 43, Sec. 5. )

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    The department may distribute up to $200 million for permanent supportive housing, and counties receiving funds must provide supportive services for at least 20 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 3.9. The No Place Like Home Program [5849.1 - 5849.15] ( Part 3.9 added by Stats. 2016, Ch. 43, Sec. 5. ) ## 5849.9. (a) Under any service contract entered into under Section 5849.35, in addition to the competitive program established by Section 5849.8, the department may distribute an amount not to exceed two hundred million dollars ($200,000,000) from the fund on an “over-the-counter” basis to finance the construction, rehabilitation, or preservation, and to capitalize operating reserves, of permanent supportive housing for individuals in the target population with a priority for those with mental health supportive needs who are homeless or at risk of chronic homelessness. Funds shall be offered as either deferred payment loans to finance capital costs, including acquisition, design, construction, rehabilitation, or preservation, of permanent supportive housing for the target population or grants for the capitalized operating subsidy reserve, as specified by the department in its guidelines, for permanent supportive housing for the target population. Funds to be awarded pursuant to this section shall be available to all counties within the state proportionate to the number of homeless persons residing within each county as calculated in Section 5849.6 or in the amount of five hundred thousand dollars ($500,000), whichever is greater. A county receiving these funds shall commit to provide mental health supportive services and coordinate the provision of, or referral to, other services, including, but not limited to, substance abuse treatment services, to the tenants of the supportive housing development for at least 20 years. Services shall be provided onsite at the supportive housing development or at a location otherwise easily accessible to the tenants. (b) Funds not awarded within 18 months following the first allocation of moneys in accordance with subdivision (d) shall be used for the purposes of the competitive program. (c) The moneys described in subdivision (a) shall be administered either in accordance with the procedures for awarding funds to local agencies established by the existing Mental Health Services Act housing program administered by the State Department of Health Care Services and the California Housing Finance Agency or alternative procedures developed by the department for distributing these moneys that enhance the efficiency and goals of the distribution program. (d) The department shall make the first allocation of moneys pursuant to this section as soon as reasonably practical and in any event no later than 150 days after the effective date of a final judgment, with no further opportunity for appeals, in any court proceeding affirming the validity of the contracts authorized by the authority and the department pursuant to Section 5849.35 and any bonds authorized to be issued by the authority pursuant to Section 15463 of the Government Code and any contracts related to those bonds. (Amended by Stats. 2020, Ch. 165, Sec. 14. (SB 1030) Effective September 25, 2020.)
  190. 5850.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 4. THE CHILDREN'S MENTAL HEALTH SERVICES ACT [5850 - 5886] ( Part 4 repealed and added by Stats. 1992, Ch. 1229, Sec. 2. ) ## CHAPTER 1. Interagency System of Care [5850 - 5878.3] ( Chapter 1 added by Stats. 1992, Ch. 1229, Sec. 2. ) ## ARTICLE 1. Legislative Findings and Intent [5850 - 5851.5] ( Article 1 added by Stats. 1992, Ch. 1229, Sec. 2. )

    Verify source ↗

    This section says Part 4 is known and may be cited as the Children’s Mental Health Services Act.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 4. THE CHILDREN'S MENTAL HEALTH SERVICES ACT [5850 - 5886] ( Part 4 repealed and added by Stats. 1992, Ch. 1229, Sec. 2. ) ## CHAPTER 1. Interagency System of Care [5850 - 5878.3] ( Chapter 1 added by Stats. 1992, Ch. 1229, Sec. 2. ) ## ARTICLE 1. Legislative Findings and Intent [5850 - 5851.5] ( Article 1 added by Stats. 1992, Ch. 1229, Sec. 2. ) ## 5850. This part shall be known and may be cited as the Children’s Mental Health Services Act. (Repealed and added by Stats. 1992, Ch. 1229, Sec. 2. Effective January 1, 1993.)
  191. 5851.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 4. THE CHILDREN'S MENTAL HEALTH SERVICES ACT [5850 - 5886] ( Part 4 repealed and added by Stats. 1992, Ch. 1229, Sec. 2. ) ## CHAPTER 1. Interagency System of Care [5850 - 5878.3] ( Chapter 1 added by Stats. 1992, Ch. 1229, Sec. 2. ) ## ARTICLE 1. Legislative Findings and Intent [5850 - 5851.5] ( Article 1 added by Stats. 1992, Ch. 1229, Sec. 2. )

    Verify source ↗

    This section states legislative findings about gaps in county mental health services for children and says the Legislature intends to expand a county system of care statewide.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 4. THE CHILDREN'S MENTAL HEALTH SERVICES ACT [5850 - 5886] ( Part 4 repealed and added by Stats. 1992, Ch. 1229, Sec. 2. ) ## CHAPTER 1. Interagency System of Care [5850 - 5878.3] ( Chapter 1 added by Stats. 1992, Ch. 1229, Sec. 2. ) ## ARTICLE 1. Legislative Findings and Intent [5850 - 5851.5] ( Article 1 added by Stats. 1992, Ch. 1229, Sec. 2. ) ## 5851. (a) The Legislature finds and declares that there is no comprehensive county interagency system throughout California for the delivery of mental health services to children with serious emotional and behavioral disturbance and their families. Specific problems to be addressed include the following: (1) The population of children which should receive highest priority for services has not been defined. (2) Clear and objective client outcome goals for children receiving services have not been specified. (3) Although children with serious emotional and behavioral disturbance usually have multiple disabilities, the many different state and county agencies, particularly education, social services, juvenile justice, health, and mental health agencies, with shared responsibility for these individuals, do not always collaborate to develop and deliver integrated and cost-effective programs. (4) A range of community-based treatment, case management, and interagency system components required by children with serious emotional disturbance has not been identified and implemented. (5) Service delivery standards that ensure culturally competent care in the most appropriate, least restrictive environment have not been specified and required. (6) The mental health system lacks accountability and methods to measure progress towards client outcome goals and cost-effectiveness. There are also no requirements for other state and county agencies to collect or share relevant data necessary for the mental health system to conduct this evaluation. (b) The Legislature further finds and declares that the model developed in Ventura County beginning in the 1984–85 fiscal year through the implementation of Chapter 1474 of the Statutes of 1984 and expanded to the Counties of Santa Cruz, San Mateo, and Riverside in the 1989–90 fiscal year pursuant to Chapter 1361 of the Statutes of 1987, provides a comprehensive, interagency system of care for children with serious emotional and behavioral disturbance and their families and has successfully met the performance outcomes required by the Legislature. The Legislature finds that this accountability for outcomes is a defining characteristic of a system of care as developed under this part. It finds that the system established in these four counties can be expanded statewide to provide greater benefit to children with serious emotional and behavioral disturbance at a lower cost to the taxpayers. It finds further that substantial savings to the state and these four counties accrue annually, as documented by the independent evaluator provided under this part. Of the amount continuing to be saved by the state in its share of out-of-home placement costs and special education costs for those counties and others currently funded by this part, a portion is hereby reinvested to expand and maintain statewide the system of care for children with serious emotional and behavioral disturbance. (c) Therefore, using the Ventura County model guidelines, it is the intent of the Legislature to accomplish the following: (1) To phase in the system of care for children with a serious emotional and behavioral problem developed under this part to all counties within the state. (2) To require that 100 percent of the new funds appropriated under this part be dedicated to the targeted population as defined in Sections 5856 and 5856.2. To this end, it is the intent of the Legislature that families of eligible children be involved in county program planning and design and, in all cases, be involved in the development of individual child treatment plans. (3) To expand interagency collaboration and shared responsibility for children with serious emotional and behavioral disturbance in order to do the following: (A) Enable a child to remain at home with the child’s family whenever possible. (B) Enable a child placed in foster care for the child’s protection to remain with a foster family in the child’s community as long as separation from the child’s natural family is determined necessary by the juvenile court. (C) Enable a special education pupil to attend public school and make academic progress. (D) Enable a juvenile offender to decrease delinquent behavior. (E) Enable a child requiring out-of-home placement in a licensed residential group home or psychiatric hospital to receive that care in as close proximity as possible to the child’s usual residence. (F) Separately identify and categorize funding for these services. (4) To increase accountability by expanding the number of counties with a performance contract that requires measures of client outcomes and cost avoidance. (d) It is the intent of the Legislature that the outcomes prescribed by this section shall be achieved regardless of the cultural or ethnic origin of the child with serious and behavioral disturbance or the child’s family. (Amended by Stats. 2024, Ch. 948, Sec. 48. (AB 2119) Effective January 1, 2025.)
  192. 5851.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 4. THE CHILDREN'S MENTAL HEALTH SERVICES ACT [5850 - 5886] ( Part 4 repealed and added by Stats. 1992, Ch. 1229, Sec. 2. ) ## CHAPTER 1. Interagency System of Care [5850 - 5878.3] ( Chapter 1 added by Stats. 1992, Ch. 1229, Sec. 2. ) ## ARTICLE 1. Legislative Findings and Intent [5850 - 5851.5] ( Article 1 added by Stats. 1992, Ch. 1229, Sec. 2. )

    Verify source ↗

    This section defines “system of care county” as a county approved by the State Department of Health Care Services to provide child- and family-centered services collaboratively with quantitative outcome measures.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 4. THE CHILDREN'S MENTAL HEALTH SERVICES ACT [5850 - 5886] ( Part 4 repealed and added by Stats. 1992, Ch. 1229, Sec. 2. ) ## CHAPTER 1. Interagency System of Care [5850 - 5878.3] ( Chapter 1 added by Stats. 1992, Ch. 1229, Sec. 2. ) ## ARTICLE 1. Legislative Findings and Intent [5850 - 5851.5] ( Article 1 added by Stats. 1992, Ch. 1229, Sec. 2. ) ## 5851.5. For the purposes of this part, a “system of care county” means a county which has been approved by the State Department of Health Care Services as having the capability to provide child- and family-centered services in a collaborative manner, resulting in quantitative outcome measures. (Amended by Stats. 2012, Ch. 34, Sec. 196. (SB 1009) Effective June 27, 2012.)
  193. 5852.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 4. THE CHILDREN'S MENTAL HEALTH SERVICES ACT [5850 - 5886] ( Part 4 repealed and added by Stats. 1992, Ch. 1229, Sec. 2. ) ## CHAPTER 1. Interagency System of Care [5850 - 5878.3] ( Chapter 1 added by Stats. 1992, Ch. 1229, Sec. 2. ) ## ARTICLE 2. County Systems of Care and Their Mission [5852 - 5855.5] ( Article 2 added by Stats. 1992, Ch. 1229, Sec. 2. )

    Verify source ↗

    An interagency system of care is established for children with serious emotional and behavioral disturbances, and each participating county must adapt the model to local needs and priorities.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 4. THE CHILDREN'S MENTAL HEALTH SERVICES ACT [5850 - 5886] ( Part 4 repealed and added by Stats. 1992, Ch. 1229, Sec. 2. ) ## CHAPTER 1. Interagency System of Care [5850 - 5878.3] ( Chapter 1 added by Stats. 1992, Ch. 1229, Sec. 2. ) ## ARTICLE 2. County Systems of Care and Their Mission [5852 - 5855.5] ( Article 2 added by Stats. 1992, Ch. 1229, Sec. 2. ) ## 5852. There is hereby established an interagency system of care for children with serious emotional and behavioral disturbances that provides comprehensive, coordinated care based on the demonstration project under former Chapter 7 (commencing with Section 5575), as added by Chapter 160 of the Statutes of 1987, and the former 1983 State Department of Mental Health planning model for children’s services. Each participating county shall adapt the model to local needs and priorities. (Amended by Stats. 2012, Ch. 34, Sec. 197. (SB 1009) Effective June 27, 2012.)
  194. 5852.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 4. THE CHILDREN'S MENTAL HEALTH SERVICES ACT [5850 - 5886] ( Part 4 repealed and added by Stats. 1992, Ch. 1229, Sec. 2. ) ## CHAPTER 1. Interagency System of Care [5850 - 5878.3] ( Chapter 1 added by Stats. 1992, Ch. 1229, Sec. 2. ) ## ARTICLE 2. County Systems of Care and Their Mission [5852 - 5855.5] ( Article 2 added by Stats. 1992, Ch. 1229, Sec. 2. )

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    The State Department of Health Care Services must review certain funded counties for compliance with cost-avoidance and related performance goals.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 4. THE CHILDREN'S MENTAL HEALTH SERVICES ACT [5850 - 5886] ( Part 4 repealed and added by Stats. 1992, Ch. 1229, Sec. 2. ) ## CHAPTER 1. Interagency System of Care [5850 - 5878.3] ( Chapter 1 added by Stats. 1992, Ch. 1229, Sec. 2. ) ## ARTICLE 2. County Systems of Care and Their Mission [5852 - 5855.5] ( Article 2 added by Stats. 1992, Ch. 1229, Sec. 2. ) ## 5852.5. The State Department of Health Care Services, in consultation with the Behavioral Health Services Oversight and Accountability Commission, shall review those counties that have been awarded funds to implement a comprehensive system for the delivery of mental health services to children with a serious emotional disturbance and to their families or foster families to determine compliance with either of the following: (a) The total estimated cost avoidance in all of the following categories shall equal or exceed the applications for funding award moneys: (1) Group home costs paid by Aid to Families with Dependent Children-Foster Care (AFDC-FC) program. (2) Children and adolescent state hospital and acute inpatient programs. (3) Nonpublic school residential placement costs. (4) Juvenile justice reincarcerations. (5) Other short- and long-term savings in public funds resulting from the applications for funding award moneys. (b) If the department determines that the total cost avoidance listed in subdivision (a) does not equal or exceed applications for funding award amounts, the department shall determine that the county that has been awarded funding shall achieve substantial compliance with all of the following goals: (1) Total cost avoidance in the categories listed in subdivision (a) to exceed 50 percent of the applications for funding award moneys. (2) A 20-percent reduction in out-of-county ordered placements of juvenile justice wards and social service dependents. (3) A statistically significant reduction in the rate of recidivism by juvenile offenders. (4) A 25-percent reduction in the rate of state hospitalization of minors from placements of special education pupils. (5) A 10-percent reduction in out-of-county nonpublic school residential placements of special education pupils. (6) Allow at least 50 percent of children at risk of imminent placement served by the intensive in-home crisis treatment programs, which are wholly or partially funded by applications for funding award moneys, to remain at home at least six months. (7) Statistically significant improvement in school attendance and academic performance of special education pupils with serious emotional disturbance treated in day treatment programs that are wholly or partially funded by applications for funding award moneys. (8) Statistically significant increases in services provided in nonclinic settings among agencies. (9) Increase in ethnic minority and gender access to services proportionate to the percentage of these groups in the county’s schoolage population. (c) This section shall become operative on January 1, 2025, if amendments to the Mental Health Services Act are approved by the voters at the March 5, 2024, statewide primary election. (Amended (as added by Stats. 2023, Ch. 790, Sec. 74) by Stats. 2024, Ch. 948, Sec. 49. (AB 2119) Effective January 1, 2025.)
  195. 5853.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 4. THE CHILDREN'S MENTAL HEALTH SERVICES ACT [5850 - 5886] ( Part 4 repealed and added by Stats. 1992, Ch. 1229, Sec. 2. ) ## CHAPTER 1. Interagency System of Care [5850 - 5878.3] ( Chapter 1 added by Stats. 1992, Ch. 1229, Sec. 2. ) ## ARTICLE 2. County Systems of Care and Their Mission [5852 - 5855.5] ( Article 2 added by Stats. 1992, Ch. 1229, Sec. 2. )

    Verify source ↗

    County participation under this part is 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 4. THE CHILDREN'S MENTAL HEALTH SERVICES ACT [5850 - 5886] ( Part 4 repealed and added by Stats. 1992, Ch. 1229, Sec. 2. ) ## CHAPTER 1. Interagency System of Care [5850 - 5878.3] ( Chapter 1 added by Stats. 1992, Ch. 1229, Sec. 2. ) ## ARTICLE 2. County Systems of Care and Their Mission [5852 - 5855.5] ( Article 2 added by Stats. 1992, Ch. 1229, Sec. 2. ) ## 5853. County participation under this part shall be voluntary. (Repealed and added by Stats. 1992, Ch. 1229, Sec. 2. Effective January 1, 1993.)
  196. 5854.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 4. THE CHILDREN'S MENTAL HEALTH SERVICES ACT [5850 - 5886] ( Part 4 repealed and added by Stats. 1992, Ch. 1229, Sec. 2. ) ## CHAPTER 1. Interagency System of Care [5850 - 5878.3] ( Chapter 1 added by Stats. 1992, Ch. 1229, Sec. 2. ) ## ARTICLE 2. County Systems of Care and Their Mission [5852 - 5855.5] ( Article 2 added by Stats. 1992, Ch. 1229, Sec. 2. )

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    The State Department of Health Care Services may contract with approved counties, and a county may ask each year to participate 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 4. THE CHILDREN'S MENTAL HEALTH SERVICES ACT [5850 - 5886] ( Part 4 repealed and added by Stats. 1992, Ch. 1229, Sec. 2. ) ## CHAPTER 1. Interagency System of Care [5850 - 5878.3] ( Chapter 1 added by Stats. 1992, Ch. 1229, Sec. 2. ) ## ARTICLE 2. County Systems of Care and Their Mission [5852 - 5855.5] ( Article 2 added by Stats. 1992, Ch. 1229, Sec. 2. ) ## 5854. The State Department of Health Care Services may contract with counties whose programs have been approved by the department and selected pursuant to Article 4 (commencing with Section 5857). A county may request to participate under this part each year according to the terms set forth in Section 5705 for the purpose of establishing a three-year program proposal for developing and implementing a children’s comprehensive mental health services system. The contract shall be negotiated on a yearly basis, based on the scope of work plan for each implementation phase. (Amended by Stats. 2012, Ch. 34, Sec. 199. (SB 1009) Effective June 27, 2012.)
  197. 5855.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 4. THE CHILDREN'S MENTAL HEALTH SERVICES ACT [5850 - 5886] ( Part 4 repealed and added by Stats. 1992, Ch. 1229, Sec. 2. ) ## CHAPTER 1. Interagency System of Care [5850 - 5878.3] ( Chapter 1 added by Stats. 1992, Ch. 1229, Sec. 2. ) ## ARTICLE 2. County Systems of Care and Their Mission [5852 - 5855.5] ( Article 2 added by Stats. 1992, Ch. 1229, Sec. 2. )

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    The State Department of Health Care Services must make community-based, interagency systems of care part of its mission, and child-serving agencies must collaborate to support children and families.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 4. THE CHILDREN'S MENTAL HEALTH SERVICES ACT [5850 - 5886] ( Part 4 repealed and added by Stats. 1992, Ch. 1229, Sec. 2. ) ## CHAPTER 1. Interagency System of Care [5850 - 5878.3] ( Chapter 1 added by Stats. 1992, Ch. 1229, Sec. 2. ) ## ARTICLE 2. County Systems of Care and Their Mission [5852 - 5855.5] ( Article 2 added by Stats. 1992, Ch. 1229, Sec. 2. ) ## 5855. The State Department of Health Care Services shall adopt as part of its overall mission the development of community-based, comprehensive, interagency systems of care that target children with serious emotional and behavioral disturbance separated from their families or at risk of separation from their families, as defined in Section 5856. These comprehensive, interagency systems of care shall seek to provide the highest benefit to children, their families, and the community at the lowest cost to the public sector. Essential values shall be as follows: (a) Family preservation. A child shall be maintained in their home with the child’s family whenever possible. (b) Least restrictive setting. A child shall be placed in the least restrictive and least costly setting appropriate to the child’s needs when out-of-home placement is necessary. (c) Natural setting. A child benefits most from mental health services in the child’s natural environment, where the child lives and learns, such as home, school, foster home, or a juvenile detention center. (d) Interagency collaboration and a coordinated service delivery system. The primary child-serving agencies, such as social services, probation, education, health, and mental health agencies, shall collaborate at the policy, management, and service levels to provide a coordinated, goal-directed system of care for children with serious emotional disturbance and their families. (e) Family involvement. Family participation is an integral part of assessment, intervention, and evaluation. (f) Cultural competence. Service effectiveness is dependent upon both culturally relevant and competent service delivery. (Amended by Stats. 2024, Ch. 948, Sec. 50. (AB 2119) Effective January 1, 2025.)
  198. 5855.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 4. THE CHILDREN'S MENTAL HEALTH SERVICES ACT [5850 - 5886] ( Part 4 repealed and added by Stats. 1992, Ch. 1229, Sec. 2. ) ## CHAPTER 1. Interagency System of Care [5850 - 5878.3] ( Chapter 1 added by Stats. 1992, Ch. 1229, Sec. 2. ) ## ARTICLE 2. County Systems of Care and Their Mission [5852 - 5855.5] ( Article 2 added by Stats. 1992, Ch. 1229, Sec. 2. )

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    The department must negotiate county evaluation measures and annual performance contracts for children’s system of care programs, and those contracts must be consistent and include a scope of work plan and a sufficiently detailed budget.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 4. THE CHILDREN'S MENTAL HEALTH SERVICES ACT [5850 - 5886] ( Part 4 repealed and added by Stats. 1992, Ch. 1229, Sec. 2. ) ## CHAPTER 1. Interagency System of Care [5850 - 5878.3] ( Chapter 1 added by Stats. 1992, Ch. 1229, Sec. 2. ) ## ARTICLE 2. County Systems of Care and Their Mission [5852 - 5855.5] ( Article 2 added by Stats. 1992, Ch. 1229, Sec. 2. ) ## 5855.5. (a) Projects funded pursuant to Part 4 (commencing with Section 5850) of Division 5, as added by Chapter 89 of the Statutes of 1991, shall continue under the terms of this part. (b) The State Department of Health Care Services shall negotiate with each participating county to establish appropriate evaluation measures for the county’s children’s system of care program after the initial three-year implementation funding period as established in Section 5854. The department shall, on an annual basis, negotiate a performance contract with each county electing to continue its children’s system of care program. The annual performance contract shall be consistent county to county, and shall include, but not be limited to, a scope of work plan consistent with the provisions of this part and shall contain a budget that has sufficient detail to meet the requirements of the department. (Amended by Stats. 2012, Ch. 34, Sec. 201. (SB 1009) Effective June 27, 2012.)
  199. 5856.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 4. THE CHILDREN'S MENTAL HEALTH SERVICES ACT [5850 - 5886] ( Part 4 repealed and added by Stats. 1992, Ch. 1229, Sec. 2. ) ## CHAPTER 1. Interagency System of Care [5850 - 5878.3] ( Chapter 1 added by Stats. 1992, Ch. 1229, Sec. 2. ) ## ARTICLE 3. Target Client Population [5856 - 5856.2] ( Article 3 added by Stats. 1992, Ch. 1229, Sec. 2. )

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    This section defines “children with serious emotional disturbance” for 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 4. THE CHILDREN'S MENTAL HEALTH SERVICES ACT [5850 - 5886] ( Part 4 repealed and added by Stats. 1992, Ch. 1229, Sec. 2. ) ## CHAPTER 1. Interagency System of Care [5850 - 5878.3] ( Chapter 1 added by Stats. 1992, Ch. 1229, Sec. 2. ) ## ARTICLE 3. Target Client Population [5856 - 5856.2] ( Article 3 added by Stats. 1992, Ch. 1229, Sec. 2. ) ## 5856. For the purposes of this part, “children with serious emotional disturbance” means those minors under 18 years of age as described in paragraph (2) of subdivision (a) of Section 5600.3. (Amended by Stats. 2024, Ch. 948, Sec. 51. (AB 2119) Effective January 1, 2025.)
  200. 5856.2.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 4. THE CHILDREN'S MENTAL HEALTH SERVICES ACT [5850 - 5886] ( Part 4 repealed and added by Stats. 1992, Ch. 1229, Sec. 2. ) ## CHAPTER 1. Interagency System of Care [5850 - 5878.3] ( Chapter 1 added by Stats. 1992, Ch. 1229, Sec. 2. ) ## ARTICLE 3. Target Client Population [5856 - 5856.2] ( Article 3 added by Stats. 1992, Ch. 1229, Sec. 2. )

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    A county must, within available resources, make programs serve young children ages 0 to 5, their families, and adolescents ages 15 to 21.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 4. THE CHILDREN'S MENTAL HEALTH SERVICES ACT [5850 - 5886] ( Part 4 repealed and added by Stats. 1992, Ch. 1229, Sec. 2. ) ## CHAPTER 1. Interagency System of Care [5850 - 5878.3] ( Chapter 1 added by Stats. 1992, Ch. 1229, Sec. 2. ) ## ARTICLE 3. Target Client Population [5856 - 5856.2] ( Article 3 added by Stats. 1992, Ch. 1229, Sec. 2. ) ## 5856.2. (a) An eligible child includes a child with serious emotional disturbance who meets the requirements of Section 5856 and who is referred by collaborating programs, including wrap-around programs (Chapter 4 (commencing with Section 18250) of Part 6 of Division 9), Family Preservation programs (Part 4.4 (commencing with Section 16600) of Division 9), Juvenile Crime Enforcement and Accountability Challenge Grant programs (Article 18.7 (commencing with Section 749.2) of Chapter 2 of Part 1 of Division 1), programs serving children with dual diagnosis including substance use disorders or whose emotional disturbance is related to family substance use, misuse, or disorders, and children whose families are enrolled in CalWORKs (Chapter 2 (commencing with Section 11200.5) of Part 3 of Division 9). (b) A county shall ensure, within available resources, that programs are designed to serve young children from zero to five years of age, inclusive, their families, and adolescents in transition from 15 to 21 years of age, inclusive. (Amended by Stats. 2024, Ch. 948, Sec. 52.5. (AB 2119) Effective January 1, 2025.)

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