Welfare and Institutions Code — Part 31 | WIC — United States — California law | Esheria

Welfare and Institutions Code

Part 31 of 35 · provisions 6,001–6,200

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

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

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Provisions of Welfare and Institutions Code

Showing 200 of 6,925

  1. 5857.

    ## 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 COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667.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 THE CHILDREN'S MENTAL HEALTH SERVICES ACT [5850 - 5886] ( Part 4 repealed and added by Stats. 1992, Ch. 1229, Sec. 2.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 4. County Selection [5857 - 5860] ( Article 4 added by Stats. 1992, Ch. 1229, Sec. 2. )

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    The department must issue funding application requests, counties must submit applications with local joint approval, and department staff must review applications for legal and guideline compliance.

    ## 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 COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667.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 THE CHILDREN'S MENTAL HEALTH SERVICES ACT [5850 - 5886] ( Part 4 repealed and added by Stats. 1992, Ch. 1229, Sec. 2.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 4. County Selection [5857 - 5860] ( Article 4 added by Stats. 1992, Ch. 1229, Sec. 2. ) ## 5857. (a) The State Department of Mental Health shall issue a request for applications for funding for new children’s system of care programs to nonparticipating counties in each year that additional funds are provided for statewide expansion pursuant to this part. (b) Applications shall be submitted to the department by a county mental health department with joint approval of collaborating local agencies including, but not limited to, special education, juvenile court, probation, child protective services agencies, the board of supervisors, and the mental health advisory board. (c) Program staff from the department shall review all applications for funding for compliance with all requirements of law and the application guidelines established by the department. (d) The department may accept letters of intent from a county in lieu of an application if moneys are not available to the county, to affirm commitment by the county to participate in the request for applications for funding process when moneys become available. Upon approval of an application by the director, a county shall be funded for an initial three-year contract period as described in Section 5854 and annually thereafter, consistent with the provisions of this part. If a county is complying with the provisions of this part, the department shall assure that the county receives an annual allocation consistent with departmental guidelines for full funding, as resources are made available. (Amended by Stats. 2000, Ch. 520, Sec. 5. Effective January 1, 2001.)
  2. 5859.

    ## 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 4. County Selection [5857 - 5860] ( Article 4 added by Stats. 1992, Ch. 1229, Sec. 2. )

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    If county applications are deficient and not ready for approval, department program staff must give counties written descriptions of the deficiencies and, if feasible, requested training, consultation, and technical assistance.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 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 4. County Selection [5857 - 5860] ( Article 4 added by Stats. 1992, Ch. 1229, Sec. 2. ) ## 5859. If applications are deficient and not ready for approval, department program staff shall provide specific written descriptions of areas of deficiency to counties and provide, to the extent feasible, any requested training, consultation, and technical assistance to assist the applicant county to achieve necessary compliance and department approval. (Amended by Stats. 2000, Ch. 520, Sec. 6. Effective January 1, 2001.)
  3. 5860.

    ## 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 4. County Selection [5857 - 5860] ( Article 4 added by Stats. 1992, Ch. 1229, Sec. 2. )

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    Counties must use these funds only for the children’s mental health system of care, and the department must audit, monitor, and contract for the 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 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 4. County Selection [5857 - 5860] ( Article 4 added by Stats. 1992, Ch. 1229, Sec. 2. ) ## 5860. (a) Final selection of county proposals shall be subject to the amount of funding approved for expansion of services under this part. (b) A county shall use funds distributed under this part only in support of a mental health system serving children with serious emotional disturbance in accordance with the principles and program requirements associated with the system of care model described in this part. The State Department of Mental Health shall audit and monitor the use of these funds to ensure that the funds are used solely in support of the children’s system of care program and in accordance with the performance contract described in subdivision (c). If county programs receiving children’s system of care funding do not comply with program and audit requirements determined by the department, funds shall be redistributed to other counties to implement, expand, or model children’s system of care programs. (c) The department shall enter into annual performance contracts with the selected counties and enter into training and consultation contracts as necessary to fulfill its obligations under this part. These annual performance contracts shall be in addition to the county mental health services performance contracts submitted to the department under Section 5650. Any changes in the staffing patterns or protocols, or both, approved in the original program proposal shall be identified and justified in these annual performance contracts. Annual performance contracts filed by counties operating the program as of January 1, 2001, shall, if approved by the department, serve as the baseline contract for purposes of this subdivision. The contracts shall be exempt from the requirements of the Public Contract Code and the State Administrative Manual and shall be exempt from approval by the Department of General Services. (Amended by Stats. 2024, Ch. 948, Sec. 53. (AB 2119) Effective January 1, 2025.)
  4. 5861.

    ## 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 5. County Proposal Components [5861 - 5864] ( Article 5 added by Stats. 1992, Ch. 1229, Sec. 2. )

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    Smaller counties may jointly submit a system-of-care proposal for a region, file separate countywide proposals, or propose services for a discrete subset of a larger county’s targeted population.

    ## 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 5. County Proposal Components [5861 - 5864] ( Article 5 added by Stats. 1992, Ch. 1229, Sec. 2. ) ## 5861. Proposals for a system of care may be submitted for a region by several smaller counties acting jointly, as independent countywide proposals, or proposals to serve a discrete subset of the targeted population in a larger county, such as court dependents, court wards, or special education pupils. (Repealed and added by Stats. 1992, Ch. 1229, Sec. 2. Effective January 1, 1993.)
  5. 5862.

    ## 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 5. County Proposal Components [5861 - 5864] ( Article 5 added by Stats. 1992, Ch. 1229, Sec. 2. )

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    Counties that want to participate must prepare a three-year program proposal for phasing in children’s comprehensive 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 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 5. County Proposal Components [5861 - 5864] ( Article 5 added by Stats. 1992, Ch. 1229, Sec. 2. ) ## 5862. (a) Each county wishing to participate under this part shall develop a three-year program proposal for phasing in the children’s comprehensive mental health services system. (b) The three-year program proposal shall include all of the following: (1) The components of the system the county proposes to implement in the first year, which shall include a case management component. (2) The components of the system the county intends to implement in the second year. (3) The remaining components of the system the county intends to implement in the third year. All components shall be in place by the end of the third year. (c) Approval for participation shall be made by the department at the end of the three-year period. (Repealed and added by Stats. 1992, Ch. 1229, Sec. 2. Effective January 1, 1993.)
  6. 5863.

    ## 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 5. County Proposal Components [5861 - 5864] ( Article 5 added by Stats. 1992, Ch. 1229, Sec. 2. )

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    County program proposals must include specified planning, collaboration, case management, service, evaluation, and budget details, and administrative costs may not exceed those of existing county mental health 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 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 5. County Proposal Components [5861 - 5864] ( Article 5 added by Stats. 1992, Ch. 1229, Sec. 2. ) ## 5863. In addition to the requirements of Section 5862, each county program proposal shall contain all of the following: (a) Methods and protocols for the county mental health department to identify and screen the eligible target population children. These protocols shall be developed with collaborative partners and shall ensure that eligible children can be referred from all collaborating agencies. (b) Measurable system performance goals for client outcome and cost avoidance. Outcomes shall be made available to collaborating partners and used for program improvement. (c) Methods to achieve interagency collaboration by all publicly funded agencies serving children experiencing emotional disturbances. (d) Appropriate written interagency protocols and agreements with all other programs in the county that serve similar populations of children. Agreements shall exist with 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 a dual diagnosis including substance use disorder or whose emotional disturbance is related to family substance use, misuse, or disorders, and programs serving families enrolled in CalWORKs (Chapter 2 (commencing with Section 11200.5) of Part 3 of Division 9). (e) A description of case management services for the target population. Each county program proposal shall include protocols developed in the county for case management designed to provide assessment, linkage, case planning, monitoring, and client advocacy to facilitate the provision of appropriate services for the child and family in the least restrictive environment as close to home as possible. (f) Mental health services that enable a child to remain in their usual family setting and that offer an appropriate alternative to out-of-home placement. (g) Methods to conduct joint interagency placement screening of target population children prior to out-of-home placement. (h) Identification of the number and level of county evaluation staff and the resources necessary to meet requirements established by the State Department of Health Care Services to measure client and cost outcome and other system performance measures. (i) A budget specifying all new and currently funded mental health expenditures provided as part of the proposed system of care. The department shall establish reporting requirements for direct and indirect administrative overhead, to be included in the request for proposals. Weight shall be given to counties with lower administrative overhead costs. Administrative costs shall not exceed those of existing county mental health programs and services. Expenditures for evaluation staff and resources shall not be considered administrative costs for this purpose. (j) Any requirements for interagency collaboration, agreements, or protocols contained in this section shall not diminish requirements for the confidentiality of medical information or information maintained by a county agency or department. (Amended by Stats. 2024, Ch. 847, Sec. 98. (AB 2995) Effective January 1, 2025.)
  7. 5864.

    ## 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 5. County Proposal Components [5861 - 5864] ( Article 5 added by Stats. 1992, Ch. 1229, Sec. 2. )

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    Participating counties must develop baseline data before submitting program proposals and submit that data 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 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 5. County Proposal Components [5861 - 5864] ( Article 5 added by Stats. 1992, Ch. 1229, Sec. 2. ) ## 5864. Participating counties shall, prior to the submission of their program proposals, develop baseline data on children served by the county in the mental health services system, social services system, the juvenile justice system, and the special education system. Data shall include, but not be limited to, the numbers of children and current expenditures for group homes, nonpublic school placements, and state hospital placements. This baseline data shall be submitted to the department as part of the program proposal. (Repealed and added by Stats. 1992, Ch. 1229, Sec. 2. Effective January 1, 1993.)
  8. 5865.

    ## 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 6. County System of Care Requirements [5865 - 5867.5] ( Article 6 added by Stats. 1992, Ch. 1229, Sec. 2. )

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    Each county must establish and maintain a county system of care for children with mental health needs, with qualified staff, within three years after state funding starts.

    ## 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 6. County System of Care Requirements [5865 - 5867.5] ( Article 6 added by Stats. 1992, Ch. 1229, Sec. 2. ) ## 5865. Each county shall have in place, with qualified mental health personnel, all of the following within three years of funding by the state: (a) A comprehensive, interagency system of care that serves the target population as defined in Section 5856. (b) A method to screen and identify children in the target population. County mental health staff shall consult with the representatives from special education, social services, and juvenile justice agencies, the mental health advisory board, family advocacy groups, and others as necessary to help identify all of the persons in the target populations, including persons from ethnic minority cultures which may require outreach for identification. (c) A defined mental health case management system designed to facilitate the outcome goals for children in the target population. (d) A defined range of mental health services and program standards that involve interagency collaboration and ensure appropriate service delivery in the least restrictive environment with community-based alternatives to out-of-home placement. (e) A defined mechanism to ensure that services are culturally competent. (f) A defined mechanism to ensure that services are child-centered and family-focused, with parent participation in planning and delivery of services. (g) A method to show measurable improvement in individual and family functional status for children enrolled in the system of care. (h) A method to measure and report cost avoidance and client outcomes for the target population which includes, but is not limited to, state hospital utilization, group home utilization, nonpublic school residential placement, school attendance and performance, and recidivism in the juvenile justice system. (i) A plan to ensure that system of care services are planned to complement and coordinate with services provided under the federal Early and Periodic Screening, Diagnosis and Treatment services (Section 1396d(a)(4)(B) of Title 42 of the United States Code), including foster children served under Section 5867.5, where those services are medically necessary but children do not meet the requirements of Section 5600.3. (j) A plan to ensure that system of care services are planned to complement and coordinate with services provided to CalWORKs (Chapter 2 (commencing with Section 11200.5) of Part 3 of Division 9) recipients whose families receive mental health treatment services. (k) A defined partnership between the children’s system of care program and family members of children who have been or are currently being served in the county mental health system. This partnership shall include family member involvement in ongoing discussions and decisions regarding policy development, program administration, service development, and service delivery. (Amended by Stats. 2000, Ch. 520, Sec. 9. Effective January 1, 2001.)
  9. 5865.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 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 6. County System of Care Requirements [5865 - 5867.5] ( Article 6 added by Stats. 1992, Ch. 1229, Sec. 2. )

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    When a county system of care serves children ages 15 to 21, the county plan must identify a timeline for developing services if the needed structures and services are not 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 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 6. County System of Care Requirements [5865 - 5867.5] ( Article 6 added by Stats. 1992, Ch. 1229, Sec. 2. ) ## 5865.1. When a county system of care serves children 15 to 21 years of age, the following structures and services shall, to the extent possible, be available, and if not available, the county plan shall identify a timeline for the development of these services: (a) Collaborative agreements with schools, community colleges, independent living programs, child welfare services, job training agencies, CalWORKs providers, regional center services, and transportation and recreation services as needed. (b) Collaborative teams involving the youth and two or more agencies to develop a transition plan that identifies needs and resources required to successfully transition to independent living as an adult. (c) Service plans that identify the needs of the youth in the areas of employment, job training, health care, education, counseling, socialization, housing, and independent living skills, to be provided by any of the collaborative agencies and access points for the youth identified. (d) Assistance with identifying the means for health insurance and educational linkages when the young person is more than 18 years of age. (e) Specific plans for the young adult to identify individuals and community services that can provide support during the transition to 21 years of age. (f) Assurances that goals for young adults are individual, identified by the youth, and developmentally appropriate. (g) Any requirements for interagency collaboration, agreements, or protocols contained in this section shall not diminish requirements for the confidentiality of medical information or information maintained by a county agency or department. (Added by Stats. 2000, Ch. 520, Sec. 10. Effective January 1, 2001.)
  10. 5865.3.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 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 6. County System of Care Requirements [5865 - 5867.5] ( Article 6 added by Stats. 1992, Ch. 1229, Sec. 2. )

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    When a county system of care serves children ages zero to five, it must make certain structures and services available; if they are not available, the county plan must set out a timeline to develop 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 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 6. County System of Care Requirements [5865 - 5867.5] ( Article 6 added by Stats. 1992, Ch. 1229, Sec. 2. ) ## 5865.3. When a county system of care services children, zero to five years of age, the following structures and services shall be available, and when not available, the county plan shall identify a timeline for the development of these services: (a) Collaborative agreements with public health systems, regional center services, child care programs, CalWORKs providers, drug and alcohol treatment programs, child welfare services, and other agencies that may identify children and families at risk of mental health problems that affect young children. (b) Outreach protocols that can assist parents to identify child behaviors that may be addressed early to prevent mental or emotional disorders and assure normal child development. (c) Identification of trained specialists that can assist the parents of very young children at risk for emotional, social, or developmental problems with treatment. (d) Performance measures that ensure that services to families of very young children are individual, identified by the family, and developmentally appropriate. (Added by Stats. 2000, Ch. 520, Sec. 11. Effective January 1, 2001.)
  11. 5866.

    ## 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 6. County System of Care Requirements [5865 - 5867.5] ( Article 6 added by Stats. 1992, Ch. 1229, Sec. 2. )

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    Counties and the local mental health director must set up interagency coordination for children’s mental health services, including committees, case management, and written agreements.

    ## 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 6. County System of Care Requirements [5865 - 5867.5] ( Article 6 added by Stats. 1992, Ch. 1229, Sec. 2. ) ## 5866. (a) Counties shall develop a method to encourage interagency collaboration with shared responsibility for services and the client and cost outcome goals. (b) The local mental health director shall form or facilitate the formation of a county interagency policy and planning committee. The members of the council shall include, but not be limited to, family members of children who have been or are currently being served in the county mental health system and the leaders of participating local government agencies, to include a member of the board of supervisors, a juvenile court judge, the district attorney, the public defender, the county counsel, the superintendent of county schools, the public social services director, the chief probation officer, and the mental health director. (c) The duties of the committee shall include, but not be limited to, all of the following: (1) Identifying those agencies that have a significant joint responsibility for the target population and ensuring collaboration on countywide planning and policy. (2) Identifying gaps in services to members of the target population, developing policies to ensure service effectiveness and continuity, and setting priorities for interagency services. (3) Implementing public and private collaborative programs whenever possible to better serve the target population. (d) The local mental health director shall form or facilitate the formation of a countywide interagency case management council whose function shall be to coordinate resources to specific target population children who are using the services of more than one agency concurrently. The members of this council shall include, but not be limited to, representatives from the local special education, juvenile probation, children’s social services, and mental health services agencies, with necessary authority to commit resources from their agency to an interagency service plan for a child and family. The roles, responsibilities, and operation of these councils shall be specified in written interagency agreements or memoranda of understanding, or both. (e) The local mental health director shall develop written interagency agreements or memoranda of understanding with the agencies listed in this subdivision, as necessary. Written interagency agreements or memoranda shall specify jointly provided or integrated services, staff tasks and responsibilities, facility and supply commitments, budget considerations, and linkage and referral services. The agreements shall be reviewed and updated annually. (f) The agreements required by subdivision (e) may be established with any of the following: (1) Special education local planning area consortiums. (2) The court juvenile probation department. (3) The county child protective services agency. (4) The county public health department. (5) The county department of drug and alcohol services. (6) Other local public or private agencies serving children. (Amended by Stats. 2000, Ch. 520, Sec. 12. Effective January 1, 2001.)
  12. 5867.

    ## 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 6. County System of Care Requirements [5865 - 5867.5] ( Article 6 added by Stats. 1992, Ch. 1229, Sec. 2. )

    Verify source ↗

    Counties must maintain effort in children’s mental health services and must identify and justify any reductions in those services in the program 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 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 6. County System of Care Requirements [5865 - 5867.5] ( Article 6 added by Stats. 1992, Ch. 1229, Sec. 2. ) ## 5867. Counties shall demonstrate a maintenance of effort in children’s mental health services. Any reduction of existing Bronzan-McCorquodale children’s services provided under Part 2 (commencing with Section 5600) shall be identified and justified in the program proposal developed under this chapter. (Added by Stats. 1992, Ch. 1229, Sec. 2. Effective January 1, 1993.)
  13. 5867.5.

    ## 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 6. County System of Care Requirements [5865 - 5867.5] ( Article 6 added by Stats. 1992, Ch. 1229, Sec. 2. )

    Verify source ↗

    County mental health departments receiving full system of care funding must provide specified mental health services to covered children, subject to medical-necessity and available-resources limits.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 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 6. County System of Care Requirements [5865 - 5867.5] ( Article 6 added by Stats. 1992, Ch. 1229, Sec. 2. ) ## 5867.5. Beginning in the 1998–99 fiscal year, county mental health departments that receive full system of care funding, as determined by the State Department of Health Care Services in consultation with counties, shall provide to children served by county social services and probation departments mental health screening, assessment, participation in multidisciplinary placement teams and specialty mental health treatment services for children placed out of home in group care, for those children who meet the definition of medical necessity, to the extent resources are available. These counties shall give first priority to children currently receiving psychoactive medication. (Amended by Stats. 2012, Ch. 34, Sec. 203. (SB 1009) Effective June 27, 2012.)
  14. 5869.

    ## 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 8. State Department of Health Care Services Requirements [5869- 5869.] ( Heading of Article 8 amended by Stats. 2015, Ch. 303, Sec. 584. )

    Verify source ↗

    The State Department of Health Care Services must provide participating counties with funding application materials, selection-process oversight, county contracts, and technical assistance.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 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 8. State Department of Health Care Services Requirements [5869- 5869.] ( Heading of Article 8 amended by Stats. 2015, Ch. 303, Sec. 584. ) ## 5869. The State Department of Health Care Services shall provide participating counties with all of the following: (a) Applications for funding guidelines and format, and coordination and oversight of the selection process as described in Article 4 (commencing with Section 5857). (b) Contracts with each state funded county specifying the approved budget, performance outcomes, and a scope of work plan for each year of participation in the children’s system of care program. (c) Technical assistance related to system evaluation. (Amended by Stats. 2012, Ch. 34, Sec. 205. (SB 1009) Effective June 27, 2012.)
  15. 5872.

    ## 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 9. Requirement to Collect Reimbursements [5872- 5872.] ( Article 9 added by Stats. 1992, Ch. 1229, Sec. 2. )

    Verify source ↗

    Participating counties must collect reimbursement for services from the listed sources.

    ## 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 9. Requirement to Collect Reimbursements [5872- 5872.] ( Article 9 added by Stats. 1992, Ch. 1229, Sec. 2. ) ## 5872. In order to offset the cost of services, participating counties shall collect reimbursement for services from the following sources: (a) Fees paid by families, which shall be the same as patient fees established pursuant to Section 14705. (b) Fees paid by private or public third-party payers. (c) Categorical funds from sources established in state or federal law, for which persons with mental illness are eligible. (Amended by Stats. 2012, Ch. 34, Sec. 206. (SB 1009) Effective June 27, 2012.)
  16. 5875.

    ## 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 10. Application for State Regulation Waivers [5875 - 5878] ( Article 10 added by Stats. 1992, Ch. 1229, Sec. 2. )

    Verify source ↗

    The Secretary of California Health and Human Services must require the State Department of Health Care Services to create an administrative waiver process for certain 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 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 10. Application for State Regulation Waivers [5875 - 5878] ( Article 10 added by Stats. 1992, Ch. 1229, Sec. 2. ) ## 5875. The Secretary of California Health and Human Services shall require the State Department of Health Care Services to develop an administrative waiver process for counties that either propose to be, or are considered, system of care counties by the department. (Amended by Stats. 2012, Ch. 438, Sec. 12. (AB 1468) Effective September 22, 2012.)
  17. 5877.

    ## 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 10. Application for State Regulation Waivers [5875 - 5878] ( Article 10 added by Stats. 1992, Ch. 1229, Sec. 2. )

    Verify source ↗

    System of care counties, or county program proposals seeking system of care county status, may request waivers from state regulations that appear to block interagency coordination or collaboration.

    ## 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 10. Application for State Regulation Waivers [5875 - 5878] ( Article 10 added by Stats. 1992, Ch. 1229, Sec. 2. ) ## 5877. (a) For system of care counties, or as part of the county program proposal to apply for status as a system of care county, requests may be made for waivers from those state regulations that appear to prevent interagency coordination or collaboration in interagency case management and other service delivery capabilities. (b) The state regulation or regulations shall be specifically identified in the waiver request, with a statement of the reason why the identified regulation or regulations should be waived and, where applicable, the following: (1) An assurance as to how planned interagency collaborative activities can meet the program intent of the regulation or regulations. (2) An explanation as to why the identified regulation or regulations would create duplication of effort with an interagency collaborative approach. (3) An explanation as to how a waiver of the regulation or regulations would not hinder the ability of the involved state agency’s fiscal accountability or responsibility for federal moneys, and how granting of the waiver would support achievement of estimated cost avoidance, and result in decreased use of group homes, children and adolescent state hospital programs, nonpublic school residential placement, and juvenile justice reincarcerations, and in improved school attendance or performance. (Added by Stats. 1992, Ch. 1229, Sec. 2. Effective January 1, 1993.)
  18. 5878.

    ## 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 10. Application for State Regulation Waivers [5875 - 5878] ( Article 10 added by Stats. 1992, Ch. 1229, Sec. 2. )

    Verify source ↗

    Certain California agency heads may waive state regulatory barriers for approved system of care counties, and must try to secure needed federal waivers and related policy changes.

    ## 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 10. Application for State Regulation Waivers [5875 - 5878] ( Article 10 added by Stats. 1992, Ch. 1229, Sec. 2. ) ## 5878. (a) (1) The Secretary of California Health and Human Services, the Superintendent of Public Instruction, or the Secretary of the Department of Corrections and Rehabilitation may waive any state regulatory obstacles to the integration of public responsibilities and resources required for counties which have been approved as system of care counties. (2) The waiver shall remain in effect as long as the local program continues to meet standards as specified in the scope of work plan approved by the State Department of Health Care Services. (b) The Secretary of California Health and Human Services, the Superintendent of Public Instruction, and the Secretary of the Department of Corrections and Rehabilitation, and those departments designated as single state agencies administering federal programs, shall make every effort to secure federal waivers and any other changes in federal policy or law necessary to support interagency collaboration and coordination in a system of care service delivery system. (Amended by Stats. 2012, Ch. 34, Sec. 207. (SB 1009) Effective June 27, 2012.)
  19. 5878.2.

    ## 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 11. Services for Children with Severe Mental Illness [5878.1 - 5878.3] ( Article 11 added November 2, 2004, by initiative Proposition 63, Sec. 5. )

    Verify source ↗

    This section defines “children with a serious emotional disturbance” and says the section will become inoperative on July 1, 2026, and repealed on January 1, 2027, if the stated voter approval condition 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 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 11. Services for Children with Severe Mental Illness [5878.1 - 5878.3] ( Article 11 added November 2, 2004, by initiative Proposition 63, Sec. 5. ) ## 5878.2. (a) For purposes of this article, “children with a serious emotional disturbance” means minors under 18 years of age who meet the criteria set forth in subdivision (a) of Section 5600.3. (b) 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. 2023, Ch. 790, Sec. 79. (SB 326) Effective April 17, 2024. Approved in Proposition 1 at the March 5, 2024, election. Operative January 1, 2025, pursuant to Sec. 117 of Proposition 1. Inoperative July 1, 2026, by its own provisions. Repealed as of January 1, 2027, by its own provisions.)
  20. 5879.

    ## 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 2. System Evaluation [5879 - 5883] ( Chapter 2 added by Stats. 1992, Ch. 1229, Sec. 2. )

    Verify source ↗

    The Legislature states an intent to improve accountability in mental health and other human services programs by developing performance measures and comparing county performance with state averages and county history.

    ## 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 2. System Evaluation [5879 - 5883] ( Chapter 2 added by Stats. 1992, Ch. 1229, Sec. 2. ) ## 5879. (a) It is the intent of the Legislature to increase the accountability of mental health and other human services programs whenever feasible by developing and implementing new and useful measures of performance, including client and cost outcomes. The Legislature recognizes the advances in performance and outcome evaluation made by counties funded under previous statutes and seeks to continue this development with future participating counties. (b) It is the intent of the Legislature to have a comparison of the performance indicators of each participating county to the state average whenever possible, as well as a comparison of all participating counties as a group to the state averages. (c) It is the further intent of the Legislature to have a comparison of the performance indicators of participating counties to their history and future anticipated performance based on utilization trends and costs. (Added by Stats. 1992, Ch. 1229, Sec. 2. Effective January 1, 1993.)
  21. 5880.

    ## 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 2. System Evaluation [5879 - 5883] ( Chapter 2 added by Stats. 1992, Ch. 1229, Sec. 2. )

    Verify source ↗

    For selected counties, the State Department of Health Care Services must set and negotiate outcome goals and operate an evaluation system for children’s 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 4. THE CHILDREN'S MENTAL HEALTH SERVICES ACT [5850 - 5886] ( Part 4 repealed and added by Stats. 1992, Ch. 1229, Sec. 2. ) ## CHAPTER 2. System Evaluation [5879 - 5883] ( Chapter 2 added by Stats. 1992, Ch. 1229, Sec. 2. ) ## 5880. For each selected county the State Department of Health Care Services shall define and establish client and cost outcome and other system performance goals, and negotiate the expected levels of attainment for each year of participation. Expected levels of attainment shall include a breakdown by ethnic origin and shall be identified by a county in its proposal. These goals shall include, but not be limited to, both of the following: (a) Client improvement and cost avoidance outcome measures, as follows: (1) To reduce the number of child months in group homes, residential placements pursuant to Chapter 26.5 (commencing with Section 7570) of Division 7 of Title 1 of the Government Code, and state hospital placements. (2) To reduce the cost of AFDC-FC group home care, residential placements as described in paragraph (1), and state hospital utilization, by an amount which equals at least 50 percent of the third year project cost. Cost avoidance shall be based on data comparisons of statewide average expenditure and population. (3) To increase school attendance for pupils in targeted programs. (4) To increase the grade level equivalent of pupils in targeted programs from admission to discharge. (5) To reduce the rate of recidivism incurred for wards in targeted juvenile justice programs. (6) To show measurable improvement in individual and family functional status for a representative sample of children enrolled in the system of care. (7) To achieve statistically significant increases in services provided in nonclinic settings among agencies. (8) To increase ethnic minority and gender access to services proportionate to the percentage of these groups in the county’s schoolage population. (b) System development and operation measures, as follows: (1) To provide an integrated system of care that includes multiagency programs and joint case planning, to children with serious emotional disturbance as defined in Section 5856. (2) To identify and assess children who comprise the target population in the county evidenced by a roster which contains all children receiving mental health case management and treatment services. This roster shall include necessary standardized and uniform identifying information and demographics about the children served. (3) To develop and maintain individualized service plans that will facilitate interagency service delivery in the least restrictive environment. (4) To develop or provide access to a range of intensive services that will meet individualized service plan needs. These services shall include, but not be limited to, case management, expanded treatment services at schoolsites, local juvenile corrections facilities, and local foster homes, and flexible services. (5) To ensure the development and operation of the interagency policy council and the interagency case management council. (6) To provide culturally competent programs that recognize and address the unique needs of ethnic populations in relation to equal access, program design and operation, and program evaluation. (7) To develop parent education and support groups, and linkages with parents to ensure their involvement in the planning process and the delivery of services. (8) To provide a system of evaluation that develops outcome criteria and which will measure performance, including client outcome and cost avoidance. (9) To gather, manage, and report data in accordance with the requirements of the state funded outcome evaluation. (Amended by Stats. 2024, Ch. 948, Sec. 56. (AB 2119) Effective January 1, 2025.)
  22. 5881.

    ## 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 2. System Evaluation [5879 - 5883] ( Chapter 2 added by Stats. 1992, Ch. 1229, Sec. 2. )

    Verify source ↗

    County evaluation staff must conduct the evaluation, and the state department and oversight commission may also conduct it if 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 4. THE CHILDREN'S MENTAL HEALTH SERVICES ACT [5850 - 5886] ( Part 4 repealed and added by Stats. 1992, Ch. 1229, Sec. 2. ) ## CHAPTER 2. System Evaluation [5879 - 5883] ( Chapter 2 added by Stats. 1992, Ch. 1229, Sec. 2. ) ## 5881. (a) Evaluation shall be conducted by participating county evaluation staff and, subject to the availability of funds, by the State Department of Health Care Services and the Behavioral Health Services Oversight and Accountability Commission. (b) Evaluation at both levels shall do all of the following: (1) Ensure county level systems of care are serving the targeted population. (2) Ensure the timely performance data related to client outcome and cost avoidance is collected, analyzed, and reported. (3) Ensure system of care components are implemented as intended. (4) Provide information documenting needs for future planning. (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. 82) and added by Stats. 2023, Ch. 790, Sec. 83. (SB 326) Effective October 12, 2023. Operative January 1, 2025, by its own provisions.)
  23. 5882.

    ## 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 2. System Evaluation [5879 - 5883] ( Chapter 2 added by Stats. 1992, Ch. 1229, Sec. 2. )

    Verify source ↗

    Participating counties must assign enough resources to performance evaluation and cooperate with the department on uniform performance 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 2. System Evaluation [5879 - 5883] ( Chapter 2 added by Stats. 1992, Ch. 1229, Sec. 2. ) ## 5882. (a) Participating counties shall assign sufficient resources to performance evaluation to enable the county to fulfill all evaluation responsibilities specified in the contract with the department. (b) Counties shall cooperate with the department regarding the development of uniform measures of performance. (Amended by Stats. 2002, Ch. 1161, Sec. 39. Effective September 30, 2002.)
  24. 5883.

    ## 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 2. System Evaluation [5879 - 5883] ( Chapter 2 added by Stats. 1992, Ch. 1229, Sec. 2. )

    Verify source ↗

    The department must improve access to client and financial data from state agencies, and the State Department of Mental Health must expand evaluation funding as needed. If funds are available, the department must also set uniform county data-reporting measures, report performance data, and provide technical assistance.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 4. THE CHILDREN'S MENTAL HEALTH SERVICES ACT [5850 - 5886] ( Part 4 repealed and added by Stats. 1992, Ch. 1229, Sec. 2. ) ## CHAPTER 2. System Evaluation [5879 - 5883] ( Chapter 2 added by Stats. 1992, Ch. 1229, Sec. 2. ) ## 5883. (a) The department shall facilitate improved access to relevant client and financial data from all state agencies, including, but not limited to, the State Department of Social Services, the State Department of Education, the State Department of Health Services, the State Department of Mental Health, the Department of the Youth Authority, and the Department of Finance. (b) The State Department of Mental Health shall expand the funding allocated to the contract for independent evaluation, as necessary to accommodate the increase in workload created by the addition of new sites. (c) Subject to the availability of funds, the department shall do all of the following: (1) Develop uniform data collection and reporting measures applicable to all participating counties. (2) Collect, analyze, and report performance outcome data for participating counties as a group in comparison to state averages. (3) Offer technical assistance to participating counties related to data collection, analysis, and reporting. (Amended by Stats. 2002, Ch. 1161, Sec. 40. Effective September 30, 2002.)
  25. 5886.

    ## 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 3. Mental Health Student Services Act [5886- 5886.] ( Chapter 3 added by Stats. 2019, Ch. 51, Sec. 67. )

    Verify source ↗

    This section creates a grant program for county-school mental health partnerships and gives the commission authority to award and manage grants.

    ## 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 3. Mental Health Student Services Act [5886- 5886.] ( Chapter 3 added by Stats. 2019, Ch. 51, Sec. 67. ) ## 5886. (a) The Behavioral Health Student Services Act is hereby established as a mental health partnership grant program for the purpose of establishing mental health partnerships between a county’s mental health or behavioral health departments and school districts, charter schools, and the county office of education within the county. (b) The Behavioral Health Services Oversight and Accountability Commission shall award grants to county mental health or behavioral health departments to fund partnerships between educational and county mental health entities. Subject to an appropriation for this purpose, commencing with the 2021–22 fiscal year, the commission shall award a grant under this section to a county mental health or behavioral health department, or another lead agency, as identified by the partnership within each county that meets the requirements of this section. (1) County, city, or multicounty mental health or behavioral health departments, or a consortium of those entities, including multicounty partnerships, may, in partnership with one or more school districts and at least one of the following educational entities located within the county, apply for a grant to fund activities of the partnership: (A) The county office of education. (B) A charter school. (2) (A) An educational entity may be designated as the lead agency at the request of the county, city, or multicounty department, or consortium, and authorized to submit the application. (B) The county, city, or multicounty department, or consortium, shall be the grantee and receive grant funds awarded pursuant to this section, even if an educational entity is designated as the lead agency and submits the application pursuant to this paragraph. (c) The commission shall establish criteria for awarding funds under the grant program, including the allocation of grant funds pursuant to this section, and shall require that applicants comply with, at a minimum, all of the following requirements: (1) That all school districts, charter schools, and the county office of education have been invited to participate in the partnership, to the extent possible. (2) That an applicant include with their application a plan developed and approved in collaboration with participating educational entity partners and that include a letter of intent, a memorandum of understanding, or other evidence of support or approval by the governing boards of all partners. (3) That plans address all of the following goals: (A) Preventing mental illnesses from becoming severe and disabling. (B) Improving timely access to services for underserved populations. (C) Providing outreach to families, employers, primary care health care providers, and others to recognize the early signs of potentially severe and disabling mental illnesses. (D) Reducing the stigma associated with the diagnosis of a mental illness or seeking mental health services. (E) Reducing discrimination against people with mental illness. (F) Preventing negative outcomes in the targeted population, including, but not limited to, all of the following: (i) Suicide and attempted suicide. (ii) Incarceration. (iii) School failure or dropout. (iv) Unemployment. (v) Worsening of symptoms and the condition over time. (vi) Homelessness. (vii) Removal of a child or youth from their home. (viii) Involuntary mental health detentions. (4) That plans include a description of the following: (A) The need for mental health services for children and youth, including campus-based mental health services and potential gaps in local service connections. (B) The proposed use of funds, which shall include, at a minimum, that funds will be used to provide personnel or peer support. (C) How the funds will be used to facilitate linkage and access to ongoing and sustained services, including, but not limited to, objectives and anticipated outcomes. (D) How the partnership will collaborate with preschool and childcare providers, or other early childhood service organizations, to ensure the mental health needs of children are met before and after they transition to a school setting. (E) The partnership’s ability to do all of the following: (i) Obtain federal Medicaid or other reimbursement, including Early and Periodic Screening, Diagnostic, and Treatment funds, when applicable, or to leverage other funds, when feasible. (ii) Collect information on the health insurance carrier for each child or youth, with the permission of the child or youth’s parent, to allow the partnership to seek reimbursement for mental health services provided to children and youth, where applicable. (iii) Engage a health care service plan or a health insurer in the mental health partnership, when applicable, and to the extent mutually agreed to by the partnership and the plan or insurer. (iv) Administer an effective service program and the degree to which mental health providers and educational entities will support and collaborate to accomplish the goals of the effort. (v) Connect children and youth to a source of ongoing mental health services, including, but not limited to, through Medi-Cal, specialty mental health plans, county mental health programs, or private health coverage. (vi) Continue to provide services and activities under this program after grant funding has been expended. (d) Grants awarded pursuant to this section shall be used to provide support services that include, at a minimum, all of the following: (1) Services provided on school campuses, to the extent practicable. (2) Suicide prevention services. (3) Drop-out prevention services. (4) Outreach to high-risk youth and young adults, including, but not limited to, foster youth, youth who identify as LGBTQ+, victims of domestic violence and sexual abuse, and youth who have been expelled or suspended from school. (5) Placement assistance and development of a service plan that can be sustained over time for students in need of ongoing services. (e) Funding may also be used to provide other prevention, early intervention, and direct services, including, but not limited to, hiring qualified mental health personnel, professional development for school staff on trauma-informed and evidence-based mental health practices, and other strategies that respond to the mental health needs of children and youth, as determined by the commission. (f) (1) The commission shall determine the amount of grants and shall take into consideration the level of need and the number of schoolage youth in participating educational entities when determining grant amounts. (2) In determining the distribution of funds appropriated in the 2021–22 fiscal year, the commission shall take into consideration previous funding the grantee received under this section. (g) The commission may establish incentives to provide matching funds by awarding additional grant funds to partnerships that do so. (h) If the commission is unable to provide a grant to a partnership in a county because of a lack of applicants or because no applicants met the minimum requirements within the timeframes established by the commission, the commission may redistribute those funds to other eligible grantees. (i) Partnerships currently receiving grants from the Investment in Mental Health Wellness Act of 2013 (Part 3.8 (commencing with Section 5848.5)) are eligible to receive a grant under this section for the expansion of services funded by that grant or for the inclusion of additional educational entity partners within the mental health partnership. (j) Grants awarded pursuant to this section may be used to supplement, but not supplant, existing financial and resource commitments of the county, city, or multicounty mental health or behavioral health departments, or a consortium of those entities, or educational entities that receive a grant. (k) (1) The commission shall develop metrics and a system to measure and publicly report on the performance outcomes of services provided using the grants. (2) (A) The commission shall provide a status report to the fiscal and policy committees of the Legislature on the progress of implementation of this section no later than March 1, 2022, and provide an updated report no later than March 1, 2024. The reports shall address, at a minimum, all of the following: (i) Successful strategies. (ii) Identified needs for additional services. (iii) Lessons learned. (iv) Numbers of, and demographic information for, the schoolage children and youth served. (v) Available data on outcomes, including, but not limited to, linkages to ongoing services and success in meeting the goals identified in paragraph (3) of subdivision (c). (B) The reports to be submitted pursuant to this paragraph shall be submitted in compliance with Section 9795 of the Government Code. (l) This section does not require the use of funds allocated for the purpose of satisfying the minimum funding obligation under Section 8 of Article XVI of the California Constitution for the partnerships established by this section. (m) The commission may enter into exclusive or nonexclusive contracts, or amend existing contracts, on a bid or negotiated basis to implement this section. Contracts entered into or amended pursuant to this subdivision are exempt from Chapter 6 (commencing with Section 14825) of Part 5.5 of Division 3 of Title 2 of the Government Code, Section 19130 of the Government Code, and Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code, and shall be exempt from the review or approval of any division of the Department of General Services. (n) This section shall be implemented only to the extent moneys are appropriated in the annual Budget Act or another statute for purposes of this section. (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 (as amended by Stats. 2024, Ch. 40, Sec. 45) by Stats. 2024, Ch. 948, Sec. 57. (AB 2119) Effective January 1, 2025.)
  26. 5887.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 4.1. Full-Service Partnership [5887 - 5887.1] ( Part 4.1 added by Stats. 2023, Ch. 790, Sec. 86. )

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    This part becomes operative on July 1, 2026, if the specified voter approval condition is met.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 4.1. Full-Service Partnership [5887 - 5887.1] ( Part 4.1 added by Stats. 2023, Ch. 790, Sec. 86. ) ## 5887.1. This part 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. 86. (SB 326) Effective April 17, 2024. Approved in Proposition 1 at the March 5, 2024, election. Operative July 1, 2026, by its own provisions.)
  27. 5892.2.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 4.5. MENTAL HEALTH SERVICES FUND [5890 - 5899.1] ( Part 4.5 added November 2, 2004, by initiative Proposition 63, Sec. 15. )

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    This section sets how annual minimum expenditure levels are calculated and requires counties to meet those minimum spending levels, with limited use of prudent reserve 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 4.5. MENTAL HEALTH SERVICES FUND [5890 - 5899.1] ( Part 4.5 added November 2, 2004, by initiative Proposition 63, Sec. 15. ) ## 5892.2. (a) The State Department of Health Care Services, in consultation with the County Behavioral Health Directors Association of California, shall establish a methodology for determining annual minimum expenditure levels for funds distributed pursuant to subdivision (c) of Section 5891. Beginning in the 2028–29 fiscal year, the minimum expenditure level shall be calculated using the average annual amount of distributed funds for a county in the preceding three years, without weighting or adjustment. (1) Beginning in the 2028–29 fiscal year, by November 1 of each year the State Department of Health Care Services shall calculate minimum expenditure levels for each county for the following three fiscal years. (2) (A) Each year, the State Department of Health Care Services shall calculate a revised minimum expenditure level for the next fiscal year to be used for the annual update upon receipt of an updated Behavioral Health Services Fund local assistance revenue projection from the State Department of Finance. (B) The State Department of Health Care Services shall publish the revised minimum expenditure level if it is lower than the minimum expenditure level by 10 percent or more. (b) (1) Commencing with the 2029–30 fiscal year and each fiscal year thereafter, a county shall spend an amount of distributed funds that is equal to or greater than the minimum expenditure level for that fiscal year, calculated in the prior year, pursuant to paragraph (1) of subdivision (a). (2) Notwithstanding paragraph (1), if the State Department of Health Care Services publishes a minimum expenditure level for a fiscal year pursuant to subparagraph (B) of paragraph (2) of subdivision (a) a county shall spend an amount of distributed funds that is equal to or greater than the revised minimum expenditure level. (c) A county may only spend funds from its prudent reserve when any of the following conditions occur: (1) During any fiscal year for which the department publishes a revised minimum expenditure level pursuant to subparagraph (B) of paragraph (2) of subdivision (a). (2) During any fiscal year in which the amount of distributed funds is less than the minimum expenditure level calculated pursuant to paragraph (1) of subdivision (a) for that fiscal year. (3) During any fiscal year in which the county determines that there has been a change in local behavioral health needs or circumstances, such that transfers from the prudent reserve are necessary to maintain behavioral health services, respond to local, state, or federally declared emergency, or mitigate unanticipated fiscal constraints. (d) (1) A county shall update the budget in the county’s integrated plan or annual update pursuant to paragraph (2) of subdivision (c) of Section 5963.02 for any fiscal year the minimum expenditure level calculated pursuant to paragraph (1) of subdivision (a) is higher or lower than the prior year’s minimum expenditure level for the same fiscal year by 10 percent or more. (2) A county shall update the budget in the county’s integrated plan or annual update pursuant to paragraph (2) of subdivision (c) of Section 5963.02 for any fiscal year for which the department publishes a revised minimum expenditure level pursuant to subparagraph (B) of paragraph (2) of subdivision (a). (e) For purposes of this section “distributed funds” means funds the State Controller distributes to a county pursuant to subdivision (c) of Section 5891. (f) Notwithstanding Chapter 3.5 (commencing Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department may implement, interpret, or make specific this section by means of plan or county letters, information notices, plan or provider bulletins, or other similar instructions without taking further regulatory action. Instructions issued by the department shall be consistent with this section. (g) This section shall become operative July 1, 2028. (Added by Stats. 2026, Ch. 27, Sec. 65. (SB 164) Effective June 29, 2026. Operative July 1, 2028, by its own provisions.)
  28. 5892.3.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 4.5. MENTAL HEALTH SERVICES FUND [5890 - 5899.1] ( Part 4.5 added November 2, 2004, by initiative Proposition 63, Sec. 15. )

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    This section creates a Behavioral Health Services Act Revenue Stability Workgroup and assigns it to study revenue fluctuations, develop recommendations, and report them by June 30, 2025.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 4.5. MENTAL HEALTH SERVICES FUND [5890 - 5899.1] ( Part 4.5 added November 2, 2004, by initiative Proposition 63, Sec. 15. ) ## 5892.3. (a) There is hereby created a Behavioral Health Services Act Revenue Stability Workgroup to assess year-over-year fluctuations in tax revenues generated by the Behavioral Health Services Act, in recognition of the need for a reliable strategy for short- and long-term fiscal stability, commencing no later than June 30, 2024. (b) The workgroup shall develop and recommend solutions to reduce Behavioral Health Services Act revenue volatility and to propose appropriate prudent reserve levels to support the sustainability of county programs and services. (c) (1) The California Health and Human Services Agency and the State Department of Health Care Services shall jointly convene and lead the workgroup. (2) Members of the workgroup shall serve without compensation. Members shall include representatives from the following entities: (A) Behavioral Health Services Oversight and Accountability Commission. (B) Legislative Analyst’s Office. (C) County Behavioral Health Director’s Association of California. (D) California State Association of Counties, including both urban and rural county representatives. (3) The California Department of Finance may consult with the workgroup, as needed, to provide technical assistance. (d) The workgroup shall review and analyze current and historical revenues generated pursuant to the Mental Health Services Act and the Behavioral Health Services Act and current and historical prudent reserve levels to develop the recommendations specified in subdivision (b). (e) On or before June 30, 2025, the California Health and Human Services Agency and the State Department of Health Care Services shall submit a report that includes its recommendations specified in subdivision (b) to the Legislature and the Governor’s Office. (f) The workgroup may meet as often as necessary, as determined by the members of the workgroup, until the workgroup is disbanded upon submission of the report specified in subdivision (b). (g) Prudent reserve requirements specified in this subdivision may be changed, and requirements to mitigate Behavioral Health Services Act revenue volatility and improve fiscal stability may be developed, based upon recommendations made by the Behavioral Health Services Act Revenue Stability Workgroup pursuant to Section 5892.3. (h) The California Health and Human Services Agency and the State Department of Health Care Services may jointly reconvene the workgroup, if at any point the recommended revenue volatility strategy and prudent reserve requirements no longer adequately support the sustainability of county programs and services given the year-over-year fluctuations in tax revenues generated by the Behavioral Health Services Act. (Added by Stats. 2023, Ch. 790, Sec. 98. (SB 326) Effective April 17, 2024. Approved in Proposition 1 at the March 5, 2024, election. Operative January 1, 2025, pursuant to Sec. 117 of Proposition 1.)
  29. 5894.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 4.5. MENTAL HEALTH SERVICES FUND [5890 - 5899.1] ( Part 4.5 added November 2, 2004, by initiative Proposition 63, Sec. 15. )

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    If earlier legislation restructures certain parts of this division before this measure is adopted, the funding must be distributed under that earlier legislation; the measure also says it should not be read to reduce who can receive 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 4.5. MENTAL HEALTH SERVICES FUND [5890 - 5899.1] ( Part 4.5 added November 2, 2004, by initiative Proposition 63, Sec. 15. ) ## 5894. In the event that Part 3 (commencing with Section 5800) or Part 4 (commencing with Section 5850) of this division, are restructured by legislation signed into law before the adoption of this measure, the funding provided by this measure shall be distributed in accordance with such legislation; provided, however, that nothing herein shall be construed to reduce the categories of persons entitled to receive services. (Added November 2, 2004, by initiative Proposition 63, Sec. 15. Operative January 1, 2005, pursuant to Sec. 16 of Prop. 63.)
  30. 5895.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 4.5. MENTAL HEALTH SERVICES FUND [5890 - 5899.1] ( Part 4.5 added November 2, 2004, by initiative Proposition 63, Sec. 15. )

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    If certain related parts are repealed or changed so the act’s purpose cannot be achieved, the Behavioral Health Services Fund must be administered using those sections as they stood on January 1, 2004. If voters approve amendments at the March 5, 2024 statewide primary election, this section becomes inoperative on July 1, 2026 and is repealed on January 1, 2027.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 4.5. MENTAL HEALTH SERVICES FUND [5890 - 5899.1] ( Part 4.5 added November 2, 2004, by initiative Proposition 63, Sec. 15. ) ## 5895. (a) If any provisions of Part 3 (commencing with Section 5800) or Part 4 (commencing with Section 5850) are repealed or modified so the purposes of this act cannot be accomplished, the funds in the Behavioral Health Services Fund shall be administered in accordance with those sections as they read on January 1, 2004. (b) 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 (as amended by Stats. 2023, Ch. 790, Sec. 103) by Stats. 2024, Ch. 40, Sec. 51. (SB 159) Effective June 29, 2024. Operative January 1, 2025, pursuant to Sec. 85 of Stats. 2024, Ch. 40. Inoperative July 1, 2026, by its own provisions. Repealed as of January 1, 2027, by its own provisions.)
  31. 5898.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 4.5. MENTAL HEALTH SERVICES FUND [5890 - 5899.1] ( Part 4.5 added November 2, 2004, by initiative Proposition 63, Sec. 15. )

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    The State Department of Health Care Services must develop regulations to implement this act, and those regulations should allow the maximum feasible public participation and comments.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 4.5. MENTAL HEALTH SERVICES FUND [5890 - 5899.1] ( Part 4.5 added November 2, 2004, by initiative Proposition 63, Sec. 15. ) ## 5898. (a) (1) The State Department of Health Care Services shall develop regulations, as necessary, to implement this act. (2) Regulations adopted pursuant to this section shall be developed with the maximum feasible opportunity for public participation and comments. (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. 106) and added by Stats. 2023, Ch. 790, Sec. 107. (SB 326) Effective April 17, 2024. Approved in Proposition 1 at the March 5, 2024, election. Operative January 1, 2025, by its own provisions.)
  32. 5899.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 4.5. MENTAL HEALTH SERVICES FUND [5890 - 5899.1] ( Part 4.5 added November 2, 2004, by initiative Proposition 63, Sec. 15. )

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    Counties must prepare and submit annual MHSA revenue and expenditure reports, follow specified accounting rules, and the department must publish and revise reporting instructions and public reports.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 4.5. MENTAL HEALTH SERVICES FUND [5890 - 5899.1] ( Part 4.5 added November 2, 2004, by initiative Proposition 63, Sec. 15. ) ## 5899. (a) (1) The State Department of Health Care Services, in consultation with the Behavioral Health Services Oversight and Accountability Commission and the County Behavioral Health Directors Association of California, shall develop and administer instructions for the Annual Mental Health Services Act Revenue and Expenditure Report. (2) The instructions shall include a requirement that the county certify the accuracy of this report. (3) With the exception of expenditures and receipts related to the capital facilities and technology needs component described in paragraph (6) of subdivision (d), each county shall adhere to uniform accounting standards and procedures that conform to the Generally Accepted Accounting Principles prescribed by the Controller pursuant to Section 30200 of the Government Code when accounting for receipts and expenditures of Mental Health Services Act (MHSA) funds in preparing the report. (4) Counties shall report receipts and expenditures related to capital facilities and technology needs using the cash basis of accounting, which recognizes expenditures at the time payment is made. (5) Each county shall electronically submit the report to the department and to the Behavioral Health Services Oversight and Accountability Commission. (6) The department and the commission shall annually post each county’s report in a text-searchable format on its internet website in a timely manner. (b) The department, in consultation with the commission and the County Behavioral Health Directors Association of California, shall revise the instructions described in subdivision (a) by July 1, 2017, and as needed thereafter, to improve the timely and accurate submission of county revenue and expenditure data. (c) The purpose of the Annual Mental Health Services Act Revenue and Expenditure Report is as follows: (1) Identify the expenditures of MHSA funds that were distributed to each county. (2) Quantify the amount of additional funds generated for the mental health system as a result of the MHSA. (3) Identify unexpended funds and interest earned on MHSA funds. (4) Determine reversion amounts, if applicable, from prior fiscal year distributions. (d) This report is intended to provide information that allows for the evaluation of all of the following: (1) Children’s systems of care. (2) Prevention and early intervention strategies. (3) Innovative projects. (4) Workforce education and training. (5) Adults and older adults systems of care. (6) Capital facilities and technology needs. (e) If a county does not submit the annual revenue and expenditure report described in subdivision (a) by the required deadline, the department may withhold MHSA funds until the reports are submitted. (f) A county shall also report the amount of MHSA funds that were spent on mental health services for veterans. (g) By October 1, 2018, and by October 1 of each subsequent year, the department shall, in consultation with counties, publish on its internet website a report detailing funds subject to reversion by county and by originally allocated purpose. The report also shall include the date on which the funds will revert to the Behavioral Health Services Fund. (h) 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. 21. (SB 862) Effective January 1, 2026. Inoperative July 1, 2026, by its own provisions. Repealed as of January 1, 2027, by its own provisions. Note: Amended in Prop. 1 at the March 5, 2024, election.)
  33. 5899.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 4.5. MENTAL HEALTH SERVICES FUND [5890 - 5899.1] ( Part 4.5 added November 2, 2004, by initiative Proposition 63, Sec. 15. )

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    Funds subject to reversion under Section 5892(h) must be reallocated to other counties for the same purpose as originally allocated. The department may use all-county letters or similar instructions to interpret or implement this section, but only within the stated time limit and only after allowing public participation and comments.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 4.5. MENTAL HEALTH SERVICES FUND [5890 - 5899.1] ( Part 4.5 added November 2, 2004, by initiative Proposition 63, Sec. 15. ) ## 5899.1. (a) On or after July 1, 2017, funds subject to reversion pursuant to subdivision (h) of Section 5892 shall be reallocated to other counties for the purposes for which the unspent funds were initially allocated to the original county. (b) 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 this section, Section 5892.1, and subdivision (h) of Section 5892, by means of all-county letters or other similar instructions, until applicable regulations are adopted in accordance with Section 5898, or until July 1, 2019, whichever occurs first. The all-county letters or other similar instructions shall be issued only after the department provides the opportunity for public participation and comments. (Added by Stats. 2017, Ch. 38, Sec. 16. (AB 114) Effective July 10, 2017.)
  34. 5900.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 5. INSTITUTIONS FOR MENTAL DISEASE [5900 - 5912] ( Part 5 added by Stats. 1991, Ch. 89, Sec. 198. ) ## CHAPTER 1. General Provisions [5900 - 5912] ( Chapter 1 added by Stats. 1991, Ch. 89, Sec. 198. ) ## ARTICLE 1. Legislative Findings and Intent [5900 - 5901] ( Article 1 added by Stats. 1991, Ch. 89, Sec. 198. )

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    This section states the purpose of the part: to organize and finance mental health services in designated skilled nursing facilities and support a transition of responsibility to 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 5. INSTITUTIONS FOR MENTAL DISEASE [5900 - 5912] ( Part 5 added by Stats. 1991, Ch. 89, Sec. 198. ) ## CHAPTER 1. General Provisions [5900 - 5912] ( Chapter 1 added by Stats. 1991, Ch. 89, Sec. 198. ) ## ARTICLE 1. Legislative Findings and Intent [5900 - 5901] ( Article 1 added by Stats. 1991, Ch. 89, Sec. 198. ) ## 5900. This part is intended to organize and finance mental health services in skilled nursing facilities designated as institutions for mental disease, in a way that will promote the well-being of the residents. It is furthermore intended to effectively utilize existing resources in the delivery of mental health services to persons with a severe and persistent mental health condition, to ensure continued receipt of federal funds, to minimize the fiscal exposure of counties, to maintain state responsibility for licensing and certification, to maintain services to individual county consumers at the 1990–91 fiscal year levels, and to provide a mechanism for the orderly transition of programmatic and fiscal responsibility from the state to the counties, in a way that will maintain the stability and viability of the industry. (Amended by Stats. 2024, Ch. 948, Sec. 58. (AB 2119) Effective January 1, 2025.)
  35. 5901.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 5. INSTITUTIONS FOR MENTAL DISEASE [5900 - 5912] ( Part 5 added by Stats. 1991, Ch. 89, Sec. 198. ) ## CHAPTER 1. General Provisions [5900 - 5912] ( Chapter 1 added by Stats. 1991, Ch. 89, Sec. 198. ) ## ARTICLE 1. Legislative Findings and Intent [5900 - 5901] ( Article 1 added by Stats. 1991, Ch. 89, Sec. 198. )

    Verify source ↗

    The department must allocate and manage mental disease program funds for 1991–92, contract at the 1990–91 bed level, and set up county identification and notification methods; Finance may authorize a loan up to $20 million.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 5. INSTITUTIONS FOR MENTAL DISEASE [5900 - 5912] ( Part 5 added by Stats. 1991, Ch. 89, Sec. 198. ) ## CHAPTER 1. General Provisions [5900 - 5912] ( Chapter 1 added by Stats. 1991, Ch. 89, Sec. 198. ) ## ARTICLE 1. Legislative Findings and Intent [5900 - 5901] ( Article 1 added by Stats. 1991, Ch. 89, Sec. 198. ) ## 5901. (a) The Legislature finds that the following issues relating to program operation must be resolved prior to the full assumption of responsibility for institutions for mental disease program monitoring and reimbursement procedures by the counties: (1) The information regarding the program is inadequate to accurately allocate funding to the counties without significant disruption of patient care. (2) There is currently no administrative mechanism whereby all counties can immediately assume these responsibilities without endangering the health and safety of the persons being served. (b) (1) During the 1991–92 fiscal year, the sum of eighty-seven million seven hundred twenty-seven thousand dollars ($87,727,000) shall be made available from the Mental Health Subaccount of the Sales Tax Account of the Local Revenue Fund to the department for support of institutions for mental disease. (2) For the 1991–92 fiscal year, the department shall issue a preliminary allocation of at least fifty-seven million four hundred fifty thousand dollars ($57,450,000) of the amount identified in paragraph (1). In developing a preliminary allocation, the department shall utilize a methodology that will minimize disruption of services to persons being served and that will continue access at the 1990–91 fiscal year level. (3) During the 1991–92 fiscal year, the department shall administer institution for mental disease resources remaining from the amount identified in paragraph (1) after the allocation described in (2) has been made, as a risk pool on behalf of all the counties. Effective July 1, 1991, the department shall enter into contracts with institutions for mental disease providers at the 1990–91 fiscal year contract bed level. These resources shall be made available to all counties. (4) The department shall establish a method for the identification of persons, by county, residing in institutions for mental disease, and notification of counties of their program and fiscal responsibilities. (c) The Department of Finance may authorize a loan of up to twenty million dollars ($20,000,000) from the General Fund for deposit into the Institutions for Mental Disease Account of the Mental Health Facilities Fund established pursuant to Section 17602.05, for use by the department in implementing this part. (Amended by Stats. 2012, Ch. 34, Sec. 210. (SB 1009) Effective June 27, 2012.)
  36. 5902.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 5. INSTITUTIONS FOR MENTAL DISEASE [5900 - 5912] ( Part 5 added by Stats. 1991, Ch. 89, Sec. 198. ) ## CHAPTER 1. General Provisions [5900 - 5912] ( Chapter 1 added by Stats. 1991, Ch. 89, Sec. 198. ) ## ARTICLE 2. Interim Contracting Mechanism [5902 - 5903.5] ( Article 2 added by Stats. 1991, Ch. 89, Sec. 198. )

    Verify source ↗

    This section sets funding, contracting, notification, and reimbursement rules for institutions for mental disease 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 5. INSTITUTIONS FOR MENTAL DISEASE [5900 - 5912] ( Part 5 added by Stats. 1991, Ch. 89, Sec. 198. ) ## CHAPTER 1. General Provisions [5900 - 5912] ( Chapter 1 added by Stats. 1991, Ch. 89, Sec. 198. ) ## ARTICLE 2. Interim Contracting Mechanism [5902 - 5903.5] ( Article 2 added by Stats. 1991, Ch. 89, Sec. 198. ) ## 5902. (a) In the 1991–92 fiscal year, funding sufficient to cover the cost of the basic level of care in institutions for mental disease at the rate established by the State Department of Health Care Services shall be made available to the department for skilled nursing facilities, plus the rate established for special treatment programs. The department may authorize a county to administer institutions for mental disease services if the county with the consent of the affected providers makes a request to administer services and an allocation is made to the county for these services. The department shall continue to contract with these providers for the services necessary for the operation of the institutions for mental disease. (b) In the 1992–93 fiscal year, the department shall consider county-specific requests to continue to provide administrative services relative to institutions for mental disease facilities when no viable alternatives are found to exist. (c) (1) By October 1, 1991, the department, in consultation with the County Behavioral Health Directors Association of California and the California Association of Health Facilities, shall develop and publish a county-specific allocation of institutions for mental disease funds that will take effect on July 1, 1992. (2) By November 1, 1991, counties shall notify the providers of any intended change in service levels to be effective on July 1, 1992. (3) By April 1, 1992, counties and providers shall have entered into contracts for basic institutions for mental disease services at the rate described in subdivision (e) for the 1992–93 fiscal year at the level expressed on or before November 1, 1991, except that a county shall be permitted additional time, until June 1, 1992, to complete the processing of the contract, when any of the following conditions are met: (A) The county and the affected provider have agreed on all substantive institutions for mental disease contract issues by April 1, 1992. (B) Negotiations are in process with the county on April 1, 1992, and the affected provider has agreed in writing to the extension. (C) The service level committed to on November 1, 1991, exceeds the affected provider’s bed capacity. (D) The county can document that the affected provider has refused to enter into negotiations by April 1, 1992, or has substantially delayed negotiations. (4) If a county and a provider are unable to reach agreement on substantive contract issues by June 1, 1992, the department may, upon request of either the affected county or the provider, mediate the disputed issues. (5) When contracts for service at the level committed to on November 1, 1991, have not been completed by April 1, 1992, and additional time is not permitted pursuant to the exceptions specified in paragraph (3) the funds allocated to those counties shall revert for reallocation in a manner that shall promote equity of funding among counties. With respect to counties with exceptions permitted pursuant to paragraph (3), funds shall not revert unless contracts are not completed by June 1, 1992. In no event shall funds revert under this section if there is no harm to the provider as a result of the county contract not being completed. During the 1992–93 fiscal year, funds reverted under this paragraph shall be used to purchase institution for mental disease/skilled nursing/special treatment program services in existing facilities. (6) Nothing in this section shall apply to negotiations regarding supplemental payments beyond the rate specified in subdivision (e). (d) On or before April 1, 1992, counties may complete contracts with facilities for the direct purchase of services in the 1992–93 fiscal year. Those counties for which facility contracts have not been completed by that date shall be deemed to continue to accept financial responsibility for those patients during the subsequent fiscal year at the rate specified in subdivision (a). (e) As long as contracts with institutions for mental disease providers require the facilities to maintain skilled nursing facility licensure and certification, reimbursement for basic services shall be at the rate established by the State Department of Health Care Services. Except as provided in this section, reimbursement rates for services in institutions for mental diseases shall be the same as the rates in effect on July 31, 2004. Effective July 1, 2005, through June 30, 2008, the reimbursement rate for institutions for mental disease shall increase by 6.5 percent annually. Effective July 1, 2008, the reimbursement rate for institutions for mental disease shall increase by 4.7 percent annually. (f) (1) Providers that agree to contract with the county for services under an alternative mental health program pursuant to Section 5768 that does not require skilled nursing facility licensure shall retain return rights to licensure as skilled nursing facilities. (2) Providers participating in an alternative program that elect to return to skilled nursing facility licensure shall only be required to meet those requirements under which they previously operated as a skilled nursing facility. (g) In the 1993–94 fiscal year and thereafter, the department shall consider requests to continue administrative services related to institutions for mental disease facilities from counties with a population of 150,000 or less based on the most recent available estimates of population data as determined by the Demographic Research Unit of the Department of Finance. (Amended by Stats. 2019, Ch. 29, Sec. 142. (SB 82) Effective June 27, 2019.)
  37. 5903.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 5. INSTITUTIONS FOR MENTAL DISEASE [5900 - 5912] ( Part 5 added by Stats. 1991, Ch. 89, Sec. 198. ) ## CHAPTER 1. General Provisions [5900 - 5912] ( Chapter 1 added by Stats. 1991, Ch. 89, Sec. 198. ) ## ARTICLE 2. Interim Contracting Mechanism [5902 - 5903.5] ( Article 2 added by Stats. 1991, Ch. 89, Sec. 198. )

    Verify source ↗

    Institution for mental disease providers must take specified steps to collect, bill, remit, account for, and prorate SSI/SSP benefits, and the department must later provide collection data to the Legislature on request.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 5. INSTITUTIONS FOR MENTAL DISEASE [5900 - 5912] ( Part 5 added by Stats. 1991, Ch. 89, Sec. 198. ) ## CHAPTER 1. General Provisions [5900 - 5912] ( Chapter 1 added by Stats. 1991, Ch. 89, Sec. 198. ) ## ARTICLE 2. Interim Contracting Mechanism [5902 - 5903.5] ( Article 2 added by Stats. 1991, Ch. 89, Sec. 198. ) ## 5903. (a) For the purposes of this section, the following definitions shall apply: (1) “Client” means an individual who is all of the following: (A) A person with a mental health disability. (B) Medi-Cal eligible. (C) Under 65 years of age. (D) Certified for placement in an institution for mental disease by a county. (E) Eligible for Supplemental Security Income/State Supplementary Program for the Aged, Blind, and Disabled (SSI/SSP) benefits. (2) “Client’s payee” means an authorized representative who may receive revenue resources, including SSI/SSP benefits, on behalf of a client. (3) “SSI/SSP benefits” means revenue resources paid to an eligible client, or the client’s payee, by the federal Social Security Administration pursuant to Subchapter 16 (commencing with Section 1381) of Chapter 7 of Title 42 of the United States Code, and Chapter 3 (commencing with Section 12000) of Part 3 of Division 9. (b) (1) Between August 1, 1991, and June 30, 1992, institution for mental disease providers shall make reasonable efforts to collect SSI/SSP benefits from a client or a client’s payee. The provider shall invoice the client or the client’s payee for the SSI/SSP benefits, minus the personal and incidental allowance amount as established by the Social Security Administration, and remit all SSI/SSP funds collected to the department pursuant to procedures established by the department. (2) Commencing July 1, 1992, and to the extent permitted by federal law, institution for mental disease providers may collect SSI/SSP benefits from a client or a client’s payee. The amount to be invoiced shall be the amount of the client’s SSI/SSP benefits, minus the personal and incidental allowance amount as established by the Social Security Administration. The administrative mechanism for collection of SSI/SSP benefits, including designation of the party responsible for collection, shall be determined by negotiation between the counties and the providers. (c) In collecting SSI/SSP benefits from the client or the client’s payee, the provider shall not be deemed to be the authorized representative, as defined in Section 72015 of Title 22 of the California Code of Regulations, for purposes of handling the client’s moneys or valuables. (d) Providers shall make all reasonable efforts, as specified in procedures developed by the department in consultation with providers, to collect SSI/SSP benefits from the client or the client’s payee. Providers shall establish an accounting procedure, approved by the department, for the actual collection and remittance of these funds. (e) Providers shall prorate the client’s SSI/SSP benefits by the number of days spent in the facility. (f) After June 30, 1992, and not later than January 1, 1993, the department shall make data available to the Legislature, upon request, regarding the SSI/SSP collections made by institution for mental disease providers pursuant to this section. (Amended by Stats. 2024, Ch. 948, Sec. 59. (AB 2119) Effective January 1, 2025.)
  38. 5903.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 5. INSTITUTIONS FOR MENTAL DISEASE [5900 - 5912] ( Part 5 added by Stats. 1991, Ch. 89, Sec. 198. ) ## CHAPTER 1. General Provisions [5900 - 5912] ( Chapter 1 added by Stats. 1991, Ch. 89, Sec. 198. ) ## ARTICLE 2. Interim Contracting Mechanism [5902 - 5903.5] ( Article 2 added by Stats. 1991, Ch. 89, Sec. 198. )

    Verify source ↗

    The department may liquidate certain uncollectible accounts receivable from institution for mental disease funds, and liquidation must not occur until at least 12 months after the debt’s original date.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 5. INSTITUTIONS FOR MENTAL DISEASE [5900 - 5912] ( Part 5 added by Stats. 1991, Ch. 89, Sec. 198. ) ## CHAPTER 1. General Provisions [5900 - 5912] ( Chapter 1 added by Stats. 1991, Ch. 89, Sec. 198. ) ## ARTICLE 2. Interim Contracting Mechanism [5902 - 5903.5] ( Article 2 added by Stats. 1991, Ch. 89, Sec. 198. ) ## 5903.5. Notwithstanding any other provision of law, the department may liquidate accounts receivable from individual clients or payees of clients from institution for mental disease funds appropriated by the Legislature, when they have been determined by the department to be uncollectible, including accounts receivable in existence prior to the effective date of this section. Liquidation shall occur no sooner than 12 months after the original date of the accounts receivable debt. (Added by Stats. 1991, Ch. 918, Sec. 2. Effective October 14, 1991.)
  39. 5907.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 5. INSTITUTIONS FOR MENTAL DISEASE [5900 - 5912] ( Part 5 added by Stats. 1991, Ch. 89, Sec. 198. ) ## CHAPTER 1. General Provisions [5900 - 5912] ( Chapter 1 added by Stats. 1991, Ch. 89, Sec. 198. ) ## ARTICLE 3. Procedures for the Transfer of Responsibility from the State to the Counties [5907 - 5912] ( Article 3 added by Stats. 1991, Ch. 89, Sec. 198. )

    Verify source ↗

    The director must, by January 1, 1992, develop a suggested uniform contract format for counties to use when buying services from institutions for mental disease.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 5. INSTITUTIONS FOR MENTAL DISEASE [5900 - 5912] ( Part 5 added by Stats. 1991, Ch. 89, Sec. 198. ) ## CHAPTER 1. General Provisions [5900 - 5912] ( Chapter 1 added by Stats. 1991, Ch. 89, Sec. 198. ) ## ARTICLE 3. Procedures for the Transfer of Responsibility from the State to the Counties [5907 - 5912] ( Article 3 added by Stats. 1991, Ch. 89, Sec. 198. ) ## 5907. No later than January 1, 1992, the director, in consultation with the California Conference of Local Mental Health Directors and representatives of institutions for mental disease, shall develop a suggested uniform contract format that may be used by counties for the purchase of services from institutions for mental disease. (Added by Stats. 1991, Ch. 89, Sec. 198. Effective June 30, 1991.)
  40. 5908.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 5. INSTITUTIONS FOR MENTAL DISEASE [5900 - 5912] ( Part 5 added by Stats. 1991, Ch. 89, Sec. 198. ) ## CHAPTER 1. General Provisions [5900 - 5912] ( Chapter 1 added by Stats. 1991, Ch. 89, Sec. 198. ) ## ARTICLE 3. Procedures for the Transfer of Responsibility from the State to the Counties [5907 - 5912] ( Article 3 added by Stats. 1991, Ch. 89, Sec. 198. )

    Verify source ↗

    Counties contracting directly with the facility must tell the facility if they plan to change the quantity of services they will buy for the next fiscal year, and contracts for those services must be completed by April 1 each 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 5. INSTITUTIONS FOR MENTAL DISEASE [5900 - 5912] ( Part 5 added by Stats. 1991, Ch. 89, Sec. 198. ) ## CHAPTER 1. General Provisions [5900 - 5912] ( Chapter 1 added by Stats. 1991, Ch. 89, Sec. 198. ) ## ARTICLE 3. Procedures for the Transfer of Responsibility from the State to the Counties [5907 - 5912] ( Article 3 added by Stats. 1991, Ch. 89, Sec. 198. ) ## 5908. On or before October 1, 1992, and in each following year, the counties contracting directly with the facility shall inform the facility of any intent to modify the quantity of services to be purchased in the subsequent fiscal year. Contracts for these services shall be completed by April 1 of each year for the following year. In the absence of cause, changes shall not be made without this notification. (Added by Stats. 1991, Ch. 89, Sec. 198. Effective June 30, 1991.)
  41. 5909.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 5. INSTITUTIONS FOR MENTAL DISEASE [5900 - 5912] ( Part 5 added by Stats. 1991, Ch. 89, Sec. 198. ) ## CHAPTER 1. General Provisions [5900 - 5912] ( Chapter 1 added by Stats. 1991, Ch. 89, Sec. 198. ) ## ARTICLE 3. Procedures for the Transfer of Responsibility from the State to the Counties [5907 - 5912] ( Article 3 added by Stats. 1991, Ch. 89, Sec. 198. )

    Verify source ↗

    The Director of Health Care Services keeps authority to monitor and approve certain special treatment programs in skilled nursing facilities, and the State Department of Health Care Services must inspect these programs annually.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 5. INSTITUTIONS FOR MENTAL DISEASE [5900 - 5912] ( Part 5 added by Stats. 1991, Ch. 89, Sec. 198. ) ## CHAPTER 1. General Provisions [5900 - 5912] ( Chapter 1 added by Stats. 1991, Ch. 89, Sec. 198. ) ## ARTICLE 3. Procedures for the Transfer of Responsibility from the State to the Counties [5907 - 5912] ( Article 3 added by Stats. 1991, Ch. 89, Sec. 198. ) ## 5909. (a) The Director of Health Care Services shall retain the authority and responsibility to monitor and approve special treatment programs in skilled nursing facilities in accordance with Sections 72443 to 72475, inclusive, of Title 22 of the California Code of Regulations. (b) The State Department of Health Care Services shall conduct annual certification inspections of special treatment programs for persons with a mental health disability for the purpose of approving the special treatment programs that are located in skilled nursing facilities licensed pursuant to Section 1265 of the Health and Safety Code. (Amended by Stats. 2024, Ch. 948, Sec. 60. (AB 2119) Effective January 1, 2025.)
  42. 5910.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 5. INSTITUTIONS FOR MENTAL DISEASE [5900 - 5912] ( Part 5 added by Stats. 1991, Ch. 89, Sec. 198. ) ## CHAPTER 1. General Provisions [5900 - 5912] ( Chapter 1 added by Stats. 1991, Ch. 89, Sec. 198. ) ## ARTICLE 3. Procedures for the Transfer of Responsibility from the State to the Counties [5907 - 5912] ( Article 3 added by Stats. 1991, Ch. 89, Sec. 198. )

    Verify source ↗

    Counties may make a single joint agreement with a facility or facilities to buy services, and one county may serve as the host county for management if there is an agreement.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 5. INSTITUTIONS FOR MENTAL DISEASE [5900 - 5912] ( Part 5 added by Stats. 1991, Ch. 89, Sec. 198. ) ## CHAPTER 1. General Provisions [5900 - 5912] ( Chapter 1 added by Stats. 1991, Ch. 89, Sec. 198. ) ## ARTICLE 3. Procedures for the Transfer of Responsibility from the State to the Counties [5907 - 5912] ( Article 3 added by Stats. 1991, Ch. 89, Sec. 198. ) ## 5910. Nothing in this article shall preclude two or more counties from establishing a single agreement with a facility, or group of facilities, for the purchase of services for the counties as a single entity. When two or more counties enter into an agreement, a single county may act as the host county for the purpose of program management and administration. (Added by Stats. 1991, Ch. 89, Sec. 198. Effective June 30, 1991.)
  43. 5911.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 5. INSTITUTIONS FOR MENTAL DISEASE [5900 - 5912] ( Part 5 added by Stats. 1991, Ch. 89, Sec. 198. ) ## CHAPTER 1. General Provisions [5900 - 5912] ( Chapter 1 added by Stats. 1991, Ch. 89, Sec. 198. ) ## ARTICLE 3. Procedures for the Transfer of Responsibility from the State to the Counties [5907 - 5912] ( Article 3 added by Stats. 1991, Ch. 89, Sec. 198. )

    Verify source ↗

    A county or group of counties may, by agreement, expand services into additional facilities using available county 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 5. INSTITUTIONS FOR MENTAL DISEASE [5900 - 5912] ( Part 5 added by Stats. 1991, Ch. 89, Sec. 198. ) ## CHAPTER 1. General Provisions [5900 - 5912] ( Chapter 1 added by Stats. 1991, Ch. 89, Sec. 198. ) ## ARTICLE 3. Procedures for the Transfer of Responsibility from the State to the Counties [5907 - 5912] ( Article 3 added by Stats. 1991, Ch. 89, Sec. 198. ) ## 5911. A county or group of counties, by agreement, may expand services into additional facilities utilizing any funds available to the county or counties for that purpose. (Added by Stats. 1991, Ch. 89, Sec. 198. Effective June 30, 1991.)
  44. 5912.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 5. INSTITUTIONS FOR MENTAL DISEASE [5900 - 5912] ( Part 5 added by Stats. 1991, Ch. 89, Sec. 198. ) ## CHAPTER 1. General Provisions [5900 - 5912] ( Chapter 1 added by Stats. 1991, Ch. 89, Sec. 198. ) ## ARTICLE 3. Procedures for the Transfer of Responsibility from the State to the Counties [5907 - 5912] ( Article 3 added by Stats. 1991, Ch. 89, Sec. 198. )

    Verify source ↗

    This section sets reimbursement rates for institutions for mental disease, including an annual 3.5% increase starting July 1, 2014, unless a specified funding shortfall requires using the prior year’s rate.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 5. INSTITUTIONS FOR MENTAL DISEASE [5900 - 5912] ( Part 5 added by Stats. 1991, Ch. 89, Sec. 198. ) ## CHAPTER 1. General Provisions [5900 - 5912] ( Chapter 1 added by Stats. 1991, Ch. 89, Sec. 198. ) ## ARTICLE 3. Procedures for the Transfer of Responsibility from the State to the Counties [5907 - 5912] ( Article 3 added by Stats. 1991, Ch. 89, Sec. 198. ) ## 5912. (a) As long as contracts require institutions for mental disease to continue to be licensed and certified as skilled nursing facilities by the State Department of Public Health, they shall be reimbursed for basic services at the rate established by the State Department of Health Care Services. Effective July 1, 2014, the reimbursement rate for institutions for mental disease shall increase by 3.5 percent annually. (b) It is the intent of the Legislature that the annual rate increases provided in subdivision (a) be utilized by the institutions for mental disease to meet direct service costs and, to the extent possible, improve the quality of care rendered to residents in the facilities. (c) Notwithstanding subdivision (a), beginning July 1, 2017, in any year that the Mental Health Subaccount of the Local Revenue Fund does not receive full vehicle license fee growth funds from the General Growth Subaccount in the Vehicle License Fee Growth Account pursuant to Section 17604 and subdivisions (a) and (b) of Section 17606.20, the reimbursement rate for services in institutions for mental disease that are licensed and certified as skilled nursing facilities shall be the same as the rates in effect in the prior year. (Amended by Stats. 2017, Ch. 25, Sec. 10. (SB 90) Effective June 27, 2017.)
  45. 5960.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 7. Behavioral Health Services and Supports [5960 - 5967.01] ( Part 7 added by Stats. 2021, Ch. 143, Sec. 355. ) ## CHAPTER 1. Behavioral health continuum infrastructure program [5960 - 5960.4] ( Chapter 1 added by Stats. 2021, Ch. 143, Sec. 355. )

    Verify source ↗

    The department may establish the Behavioral Health Continuum Infrastructure Program if the Legislature appropriates funds for 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 7. Behavioral Health Services and Supports [5960 - 5967.01] ( Part 7 added by Stats. 2021, Ch. 143, Sec. 355. ) ## CHAPTER 1. Behavioral health continuum infrastructure program [5960 - 5960.4] ( Chapter 1 added by Stats. 2021, Ch. 143, Sec. 355. ) ## 5960. The department may establish the Behavioral Health Continuum Infrastructure Program pursuant to this chapter if the Legislature appropriates funds for this purpose. (Added by Stats. 2021, Ch. 143, Sec. 355. (AB 133) Effective July 27, 2021. Repealed as of January 1, 2027, pursuant to Section 5960.45.)
  46. 5960.05.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 7. Behavioral Health Services and Supports [5960 - 5967.01] ( Part 7 added by Stats. 2021, Ch. 143, Sec. 355. ) ## CHAPTER 1. Behavioral health continuum infrastructure program [5960 - 5960.4] ( Chapter 1 added by Stats. 2021, Ch. 143, Sec. 355. )

    Verify source ↗

    If the department establishes the program, it may award competitive grants to qualified entities for behavioral health infrastructure and related treatment capacity 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 7. Behavioral Health Services and Supports [5960 - 5967.01] ( Part 7 added by Stats. 2021, Ch. 143, Sec. 355. ) ## CHAPTER 1. Behavioral health continuum infrastructure program [5960 - 5960.4] ( Chapter 1 added by Stats. 2021, Ch. 143, Sec. 355. ) ## 5960.05. If the department establishes the program pursuant to this chapter, the department may award competitive grants to qualified entities to construct, acquire, and rehabilitate real estate assets or to invest in needed mobile crisis infrastructure to expand the community continuum of behavioral health treatment resources to build new capacity or expand existing capacity for short-term crisis stabilization, acute and subacute care, crisis residential, community-based mental health residential, substance use disorder residential, peer respite, mobile crisis, community and outpatient behavioral health services, and other clinically enriched longer term treatment and rehabilitation options for persons with behavioral health disorders in the least restrictive and least costly setting. (Added by Stats. 2021, Ch. 143, Sec. 355. (AB 133) Effective July 27, 2021. Repealed as of January 1, 2027, pursuant to Section 5960.45.)
  47. 5960.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 7. Behavioral Health Services and Supports [5960 - 5967.01] ( Part 7 added by Stats. 2021, Ch. 143, Sec. 355. ) ## CHAPTER 1. Behavioral health continuum infrastructure program [5960 - 5960.4] ( Chapter 1 added by Stats. 2021, Ch. 143, Sec. 355. )

    Verify source ↗

    The department must decide how to distribute the program’s grant funds and the methodology for doing so, except as Section 5960.15 provides otherwise.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 7. Behavioral Health Services and Supports [5960 - 5967.01] ( Part 7 added by Stats. 2021, Ch. 143, Sec. 355. ) ## CHAPTER 1. Behavioral health continuum infrastructure program [5960 - 5960.4] ( Chapter 1 added by Stats. 2021, Ch. 143, Sec. 355. ) ## 5960.1. Except as provided in Section 5960.15, the department shall determine the methodology and distribution of the grant funds appropriated for the program pursuant to Section 5960.05 to those entities it deems qualified. (Added by Stats. 2021, Ch. 143, Sec. 355. (AB 133) Effective July 27, 2021. Repealed as of January 1, 2027, pursuant to Section 5960.45.)
  48. 5960.15.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 7. Behavioral Health Services and Supports [5960 - 5967.01] ( Part 7 added by Stats. 2021, Ch. 143, Sec. 355. ) ## CHAPTER 1. Behavioral health continuum infrastructure program [5960 - 5960.4] ( Chapter 1 added by Stats. 2021, Ch. 143, Sec. 355. )

    Verify source ↗

    An entity that wants these grant funds must satisfy listed conditions, including matching funds or real property, non-supplanting expenditures, quarterly data reports, and operating the financed facility for at least 30 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 7. Behavioral Health Services and Supports [5960 - 5967.01] ( Part 7 added by Stats. 2021, Ch. 143, Sec. 355. ) ## CHAPTER 1. Behavioral health continuum infrastructure program [5960 - 5960.4] ( Chapter 1 added by Stats. 2021, Ch. 143, Sec. 355. ) ## 5960.15. An entity shall meet all of the following conditions in order to receive grant funds pursuant to Section 5960.05, to the extent applicable and as required by the department: (a) Provide matching funds or real property. (b) Expend funds to supplement and not supplant existing funds to construct, acquire, and rehabilitate real estate assets. (c) Report data to the department within 90 days of the end of each quarter for the first five years. (d) Operate services in the financed facility for the intended purpose for a minimum of 30 years. (Added by Stats. 2021, Ch. 143, Sec. 355. (AB 133) Effective July 27, 2021. Repealed as of January 1, 2027, pursuant to Section 5960.45.)
  49. 5960.2.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 7. Behavioral Health Services and Supports [5960 - 5967.01] ( Part 7 added by Stats. 2021, Ch. 143, Sec. 355. ) ## CHAPTER 1. Behavioral health continuum infrastructure program [5960 - 5960.4] ( Chapter 1 added by Stats. 2021, Ch. 143, Sec. 355. )

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    The department may use notices or similar instructions to implement, interpret, or make specific this chapter. The chapter applies only if the department determines federal Medi-Cal funding is not jeopardized.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 7. Behavioral Health Services and Supports [5960 - 5967.01] ( Part 7 added by Stats. 2021, Ch. 143, Sec. 355. ) ## CHAPTER 1. Behavioral health continuum infrastructure program [5960 - 5960.4] ( Chapter 1 added by Stats. 2021, Ch. 143, Sec. 355. ) ## 5960.2. (a) This chapter shall be implemented only if, and to the extent that, the department determines that federal financial participation under the Medi-Cal program, including but not limited to the increased federal funding available pursuant to Section 9813 of the federal American Rescue Plan Act of 2021 (Pub. Law 117-2), is not jeopardized. (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 chapter, in whole or in part, by means of information notices or other similar instructions, without taking any further regulatory action. (Added by Stats. 2021, Ch. 143, Sec. 355. (AB 133) Effective July 27, 2021. Repealed as of January 1, 2027, pursuant to Section 5960.45.)
  50. 5960.25.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 7. Behavioral Health Services and Supports [5960 - 5967.01] ( Part 7 added by Stats. 2021, Ch. 143, Sec. 355. ) ## CHAPTER 1. Behavioral health continuum infrastructure program [5960 - 5960.4] ( Chapter 1 added by Stats. 2021, Ch. 143, Sec. 355. )

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    The department may enter into or amend certain contracts for implementing this chapter, and those contracts are exempt from specified government contracting requirements and DGS review or 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 7. Behavioral Health Services and Supports [5960 - 5967.01] ( Part 7 added by Stats. 2021, Ch. 143, Sec. 355. ) ## CHAPTER 1. Behavioral health continuum infrastructure program [5960 - 5960.4] ( Chapter 1 added by Stats. 2021, Ch. 143, Sec. 355. ) ## 5960.25. For purposes of implementing this chapter, the department may enter into exclusive or nonexclusive contracts, or amend existing contracts, on a bid or negotiated basis. Contracts entered into or amended pursuant to this section shall be exempt from Chapter 6 (commencing with section 14825) of Part 5.5 of Division 3 of Title 2 of the Government Code, Section 19130 of the Government Code, Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code, and the State Administrative Manual, and shall be exempt from the review or approval of any division of the Department of General Services. (Added by Stats. 2021, Ch. 143, Sec. 355. (AB 133) Effective July 27, 2021. Repealed as of January 1, 2027, pursuant to Section 5960.45.)
  51. 5960.3.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 7. Behavioral Health Services and Supports [5960 - 5967.01] ( Part 7 added by Stats. 2021, Ch. 143, Sec. 355. ) ## CHAPTER 1. Behavioral health continuum infrastructure program [5960 - 5960.4] ( Chapter 1 added by Stats. 2021, Ch. 143, Sec. 355. )

    Verify source ↗

    Grant-funded facility projects get permitted-use treatment, but only if specific conditions are met; otherwise the project applicant must file a CEQA 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 7. Behavioral Health Services and Supports [5960 - 5967.01] ( Part 7 added by Stats. 2021, Ch. 143, Sec. 355. ) ## CHAPTER 1. Behavioral health continuum infrastructure program [5960 - 5960.4] ( Chapter 1 added by Stats. 2021, Ch. 143, Sec. 355. ) ## 5960.3. (a) Notwithstanding any other law, a facility project funded by a grant pursuant to this chapter shall be deemed consistent and in conformity with any applicable local plan, standard, or requirement, and allowed as a permitted use, within the zone in which the structure is located, and shall not be subject to a conditional use permit, discretionary permit, or to any other discretionary reviews or approvals. (b) Notwithstanding any other law, the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) shall not apply to a project, including a phased project, funded by a grant pursuant to this chapter if, where applicable, all of the following applicable requirements are satisfied: (1) The project is not acquired by eminent domain. (2) The project applicant demonstrates that the project is, and will continue to be, licensed by and in good standing with the department or other state licensing entity at the time of, and for the duration of, occupancy. The project shall be in decent, safe, and sanitary condition at the time of occupancy. (3) The project applicant requires all contractors and subcontractors performing work on the facility project to pay prevailing wages for any proposed rehabilitation, construction, or major alterations in accordance with Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code. (4) The project applicant obtains an enforceable commitment that all contractors and subcontractors performing work on the project will use a skilled and trained workforce for any proposed rehabilitation, construction, or major alterations in accordance with Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code. (5) The project applicant submits to the lead agency a letter of support, or other durable documentary proof for the project, from a county, city, or other local public entity for any new proposed construction, major alteration work, or rehabilitation. (6) The project applicant demonstrates that not less than ninety-five percent of the total cost of any new construction, facility acquisition, or rehabilitation project is paid for with public funds, private non-profit funds, or philanthropic funds. (7) The project applicant demonstrates that the project expands the availability of behavioral health treatment services in the subject jurisdiction. (8) The project applicant demonstrates that there are long-term covenants and restrictions that require the project to be used to provide behavioral health treatment for no less than 30 years, and those covenants and restrictions may not be amended or extinguished by a subsequent title holder, owner, or operator. (9) The project does not result in any increase in the existing onsite development footprint of structures or improvements. (c) If a project applicant determines that a project is not subject to the California Environmental Quality Act pursuant to this section, and the lead agency for the project publicly concurs in that determination, the project 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. (Added by Stats. 2021, Ch. 143, Sec. 355. (AB 133) Effective July 27, 2021. Repealed as of January 1, 2027, pursuant to Section 5960.45.)
  52. 5960.31.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 7. Behavioral Health Services and Supports [5960 - 5967.01] ( Part 7 added by Stats. 2021, Ch. 143, Sec. 355. ) ## CHAPTER 1. Behavioral health continuum infrastructure program [5960 - 5960.4] ( Chapter 1 added by Stats. 2021, Ch. 143, Sec. 355. )

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    Certain funded behavioral health projects can qualify as use-by-right projects and avoid discretionary local review if they meet specified criteria and comply with listed 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 7. Behavioral Health Services and Supports [5960 - 5967.01] ( Part 7 added by Stats. 2021, Ch. 143, Sec. 355. ) ## CHAPTER 1. Behavioral health continuum infrastructure program [5960 - 5960.4] ( Chapter 1 added by Stats. 2021, Ch. 143, Sec. 355. ) ## 5960.31. (a) Notwithstanding any other law, projects funded pursuant to paragraph (3) or (4) of subdivision (b) of Section 5965.04 shall be a use by right and shall be subject to the streamlined, ministerial review process and filing requirement, pursuant to subdivisions (b) and (d) of Section 50675.1.5 of the Health and Safety Code, and not subject to a conditional use permit, discretionary permit, or to any other discretionary reviews or approvals, if it meets the criteria of paragraph (1) or (2) and complies with subdivisions (b) and (c). (1) The project is a behavioral health treatment and residential setting, including, but not limited to, children’s residential crisis programs, peer respite, children’s and adult substance use disorder residential programs, recovery housing, short-term residential therapeutic program, and social rehabilitation program, and shall be located in a zone where residential, office, retail, or parking are a principally permitted use. (2) (A) The project is a real estate asset, as described in Section 5960.05, except for those described in paragraph (1), or in subparagraph (A) of paragraph (1) of subdivision (a) of Section 5831, that is funded pursuant to Section 5967.01, and shall be located in a zone where office, retail, or parking are a principally permitted use. (B) This paragraph shall not be construed to limit the discretion of local jurisdictions to permit real estate assets in a zone not expressly provided in this paragraph. (b) Projects, as applicable, pursuant to this section shall comply with the core components of Housing First, as defined under subdivision (b) of Section 8255, and may include recovery housing, as defined by the United States Department of Housing and Urban Development. (c) Projects pursuant to this section shall meet the labor standards contained in Sections 65912.130 and 65912.131 of the Government Code. (d) For purposes of this section, “use by right” means a development project that satisfies both of the following conditions: (1) The development project does not require a conditional use permit, planned unit development permit, or other discretionary local government review. (2) The development project is not a “project” for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code. (Added by Stats. 2023, Ch. 789, Sec. 2. (AB 531) Effective January 1, 2024.)
  53. 5960.35.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 7. Behavioral Health Services and Supports [5960 - 5967.01] ( Part 7 added by Stats. 2021, Ch. 143, Sec. 355. ) ## CHAPTER 1. Behavioral health continuum infrastructure program [5960 - 5960.4] ( Chapter 1 added by Stats. 2021, Ch. 143, Sec. 355. )

    Verify source ↗

    This section defines key terms for the chapter and states when the chapter’s low-rent housing project rule does not apply to certain facility 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 7. Behavioral Health Services and Supports [5960 - 5967.01] ( Part 7 added by Stats. 2021, Ch. 143, Sec. 355. ) ## CHAPTER 1. Behavioral health continuum infrastructure program [5960 - 5960.4] ( Chapter 1 added by Stats. 2021, Ch. 143, Sec. 355. ) ## 5960.35. (a) The following definitions shall apply to this chapter: (1) “Department” means the State Department of Health Care Services. (2) “Program” means the Behavioral Health Continuum Infrastructure Program authorized by this chapter. (b) The following provisions shall apply to the implementation of this chapter: (1) “Low-rent housing project,” as defined in Section 1 of Article XXXIV of the California Constitution, does not apply to any facility project pursuant to this section that meets any one of the following criteria: (A) The development is privately owned housing, receiving no ad valorem property tax exemption, other than exemptions granted pursuant to subdivision (f) or (g) of Section 214 of the Revenue and Taxation Code, not fully reimbursed to all taxing entities, and not more than 49 percent of the dwellings, apartments, or other living accommodations of the development may be occupied by persons of low income. (B) The development is privately owned housing, is not exempt from ad valorem taxation by reason of any public ownership, and is not financed with direct long-term financing from a public body. (C) The development is intended for owner-occupancy, which may include a limited-equity housing cooperative as defined in Section 50076.5 of the Health and Safety Code, or cooperative or condominium ownership, rather than for rental-occupancy. (D) The development consists of newly constructed, privately owned, one-to-four family dwellings not located on adjoining sites. (E) The development consists of existing dwelling units leased by the state public body from the private owner of these dwelling units. (F) The development consists of the rehabilitation, reconstruction, improvement or addition to, or replacement of, dwelling units of a previously existing low-rent housing project, or a project previously or currently occupied by lower income households, as defined in Section 50079.5 of the Health and Safety Code. (G) The development consists of the acquisition, rehabilitation, reconstruction, improvement, or any combination thereof, of a development which, prior to the date of the transaction to acquire, rehabilitate, reconstruct, improve, or any combination thereof, was subject to a contract for federal or state public body assistance for the purpose of providing affordable housing for low-income households and maintains, or enters into, a contract for federal or state public body assistance for the purpose of providing affordable housing for low-income households. (2) “Tribal entity” shall mean a federally recognized Indian tribe, tribal organization, or urban Indian organization, as defined in Section 1603 of Title 25 of the United States Code. (Added by Stats. 2021, Ch. 143, Sec. 355. (AB 133) Effective July 27, 2021. Repealed as of January 1, 2027, pursuant to Section 5960.45.)
  54. 5960.4.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 7. Behavioral Health Services and Supports [5960 - 5967.01] ( Part 7 added by Stats. 2021, Ch. 143, Sec. 355. ) ## CHAPTER 1. Behavioral health continuum infrastructure program [5960 - 5960.4] ( Chapter 1 added by Stats. 2021, Ch. 143, Sec. 355. )

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    This chapter is severable: if one provision or its application is invalid, the rest can still operate if they do not depend on the invalid 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 7. Behavioral Health Services and Supports [5960 - 5967.01] ( Part 7 added by Stats. 2021, Ch. 143, Sec. 355. ) ## CHAPTER 1. Behavioral health continuum infrastructure program [5960 - 5960.4] ( Chapter 1 added by Stats. 2021, Ch. 143, Sec. 355. ) ## 5960.4. The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. (Added by Stats. 2021, Ch. 143, Sec. 355. (AB 133) Effective July 27, 2021. Repealed as of January 1, 2027, pursuant to Section 5960.45.)
  55. 5961.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 7. Behavioral Health Services and Supports [5960 - 5967.01] ( Part 7 added by Stats. 2021, Ch. 143, Sec. 355. ) ## CHAPTER 2. Children and youth behavioral health initiative act [5961 - 5961.5] ( Chapter 2 added by Stats. 2021, Ch. 143, Sec. 355. )

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    This section creates the Children and Youth Behavioral Health Initiative, places it under the California Health and Human Services Agency, and lets state agencies use contracts and informal instructions to implement it, subject to specified limits.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 7. Behavioral Health Services and Supports [5960 - 5967.01] ( Part 7 added by Stats. 2021, Ch. 143, Sec. 355. ) ## CHAPTER 2. Children and youth behavioral health initiative act [5961 - 5961.5] ( Chapter 2 added by Stats. 2021, Ch. 143, Sec. 355. ) ## 5961. (a) This chapter shall be known, and may be cited, as the Children and Youth Behavioral Health Initiative Act. (b) The Children and Youth Behavioral Health Initiative shall be administered by the California Health and Human Services Agency and its departments, as applicable. (c) The initiative is intended to transform California’s behavioral health system into an innovative ecosystem in which all children and youth 25 years of age and younger, regardless of payer, are screened, supported, and served for emerging and existing behavioral health needs. (d) Subject to an appropriation by the Legislature for this purpose, the initiative shall include, but need not be limited to, all of the following components: (1) A behavioral health services and supports virtual platform, as described in Section 5961.1. (2) School-linked partnership, capacity, and infrastructure grants to qualified entities to support implementation of the initiative for behavioral health services in schools and school-linked settings, as described in Section 5961.2. (3) Incentive payments to qualifying Medi-Cal managed care plans to implement interventions that increase access to preventive, early intervention, and behavioral health services by school-affiliated behavioral health providers for children in publicly funded childcare and preschool and TK-12 children in public schools, as described in Section 5961.3. (4) Development and maintenance of a statewide fee schedule for school-linked outpatient mental health and substance use disorder treatment, as described in Section 5961.4. (5) Development and expansion of evidence-based behavioral health programs, as described in Section 5961.5. (6) Funding targeted to qualified entities serving individuals 25 years of age and younger through the Behavioral Health Continuum Infrastructure Program, as described in Chapter 1 (commencing with Section 5960). (7) A comprehensive, and culturally and linguistically proficient, public education and social change campaign in support of the initiative. (8) Investments for behavioral health workforce, education, and training to foster broad behavioral health capacity in support of the initiative, including a multiyear plan to launch and implement a statewide school behavioral health counselor system pursuant to Chapter 1.5 (commencing with Section 127825) of Part 3 of Division 107 of the Health and Safety Code. (9) Funding targeted to qualified entities serving individuals 25 years of age and younger through the Mental Health Student Services Act, as described in Chapter 3 (commencing with Section 5886) of Part 4. (e) Each component of the initiative shall be implemented only if, and to the extent that, the State Department of Health Care Services determines that federal financial participation under the Medi-Cal program is not jeopardized. (f) For purposes of implementing this chapter, the California Health and Human Services Agency, the State Department of Health Care Services, and the Office of Statewide Health Planning and Development may enter into exclusive or nonexclusive contracts, or amend existing contracts, on a bid or negotiated basis. Contracts entered into or amended pursuant to this chapter shall be exempt from Chapter 6 (commencing with Section 14825) of Part 5.5 of Division 3 of Title 2 of the Government Code, Section 19130 of the Government Code, Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code, and the State Administrative Manual, and shall be exempt from the review or approval of any division of the Department of General Services. (g) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the State Department of Health Care Services and the Office of Statewide Health Planning and Development may implement, interpret, or make specific this chapter, in whole or in part, by means of plan letters, information notices, provider bulletins, or other similar instructions, without taking any further regulatory action. (h) The Legislature finds and declares that this chapter is a state law within the meaning of Section 1621(d) of Title 8 of the United States Code. (Added by Stats. 2021, Ch. 143, Sec. 355. (AB 133) Effective July 27, 2021.)
  56. 5961.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 7. Behavioral Health Services and Supports [5960 - 5967.01] ( Part 7 added by Stats. 2021, Ch. 143, Sec. 355. ) ## CHAPTER 2. Children and youth behavioral health initiative act [5961 - 5961.5] ( Chapter 2 added by Stats. 2021, Ch. 143, Sec. 355. )

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    The State Department of Health Care Services must procure and oversee a vendor to establish and maintain a behavioral health virtual platform, and the platform must be available in all Medi-Cal threshold languages, be culturally appropriate, and be reachable by telephone.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 7. Behavioral Health Services and Supports [5960 - 5967.01] ( Part 7 added by Stats. 2021, Ch. 143, Sec. 355. ) ## CHAPTER 2. Children and youth behavioral health initiative act [5961 - 5961.5] ( Chapter 2 added by Stats. 2021, Ch. 143, Sec. 355. ) ## 5961.1. (a) As a component of the initiative, the State Department of Health Care Services shall procure and oversee a vendor to establish and maintain a behavioral health services and supports virtual platform that integrates behavioral health screenings, application-based supports, and direct behavioral health services to children and youth 25 years of age and younger, regardless of payer. (b) Any virtual platform established or procured shall include access in all Medi-Cal threshold languages and shall be culturally appropriate to accommodate the diversity of the population and shall be accessible by telephone. (c) The virtual platform may provide behavioral health services and supports, including, but not limited to, the following: (1) Regular, automated behavioral health screenings. (2) Short-term individual counseling, group counseling, and behavioral health peer and coaching supports. (3) Interactive education, self-monitoring tools, application-based games, video and book suggestions, automated cognitive behavioral therapy, and mindful exercises designed to build skills and enhance wellbeing. (4) Access to behavioral health peers, coaches, and licensed clinicians. (5) Referrals to an individual’s commercial health insurance, Medi-Cal managed care plan, county behavioral health, school-linked counselor, or community-based organizations, or other resources for higher-level behavioral health services. (6) Statewide e-consult service to allow primary care pediatric and family practice providers to receive asynchronous support and consultation to manage behavioral health conditions for their patients. (Added by Stats. 2021, Ch. 143, Sec. 355. (AB 133) Effective July 27, 2021.)
  57. 5961.2.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 7. Behavioral Health Services and Supports [5960 - 5967.01] ( Part 7 added by Stats. 2021, Ch. 143, Sec. 355. ) ## CHAPTER 2. Children and youth behavioral health initiative act [5961 - 5961.5] ( Chapter 2 added by Stats. 2021, Ch. 143, Sec. 355. )

    Verify source ↗

    The department or its contracted vendor may award competitive grants, and the department must set eligibility and distribution rules and ensure the grants are spread across regions and age cohorts.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 7. Behavioral Health Services and Supports [5960 - 5967.01] ( Part 7 added by Stats. 2021, Ch. 143, Sec. 355. ) ## CHAPTER 2. Children and youth behavioral health initiative act [5961 - 5961.5] ( Chapter 2 added by Stats. 2021, Ch. 143, Sec. 355. ) ## 5961.2. (a) As a component of the initiative, the State Department of Health Care Services, or its contracted vendor, may award competitive grants to entities it deems qualified for the following purposes: (1) To build partnerships, capacity, and infrastructure supporting ongoing school-linked behavioral health services for children and youth 25 years of age and younger. (2) To expand access to licensed medical and behavioral health professionals, counselors, peer support specialists, community health workers, and certified wellness coaches serving children and youth. (3) To build a statewide, community-based organization provider network for behavioral health prevention and treatment services for children and youth, including those attending institutions of higher education. (4) To enhance coordination and partnerships with respect to behavioral health prevention and treatment services for children and youth via appropriate data sharing systems. (b) Subject to subdivision (c), entities eligible to receive grants pursuant to this section may include counties, city mental health authorities, tribal entities, local educational agencies, institutions of higher education, publicly funded childcare and preschools, health care service plans, community-based organizations, and behavioral health providers. (c) The department shall determine the eligibility criteria, grant application process, and methodology for the distribution of funds appropriated for the purposes described in this section to those entities it deems qualified. (d) The department shall ensure that grant distribution includes, but is not limited to, rural, urban, and suburban regions and geographic distribution among different age cohorts. Allowable activities shall include, but not be limited to, the following: (1) Addressing behavioral health disparities while providing linguistically and culturally competent services for children and youth who lack access to adequate behavioral health services or otherwise are difficult to reach. (2) Supporting administrative costs, including planning, project management, training, and technical assistance. (3) Linking plans, counties, and school districts with local social services and community-based organizations. (4) Implementing telehealth equipment and virtual systems in schools or near schools. (5) Implementing data-sharing tools, information technology interfaces, or other technology investments designed to connect to behavioral health services. (e) Of the funds appropriated for purposes of this section to institutions of higher education, at least two-thirds shall be reserved for California Community Colleges. (f) For purposes of this section, the following definitions shall apply: (1) “Comprehensive risk contract” has the same meaning as set forth in Section 438.2 of Title 42 of the Code of Federal Regulations. (2) “Health care service plan” has the same meaning as described in subdivision (f) of Section 1345 of the Health and Safety Code. (3) “Institution of higher education” means the California Community Colleges, the California State University, or the University of California. (4) “Local educational agency” means a school district, county office of education, charter school, the California Schools for the Deaf, and the California School for the Blind. (5) “Tribal entity” means a federally recognized Indian tribe, tribal organization, or urban Indian organization. (Amended by Stats. 2025, Ch. 21, Sec. 49. (AB 116) Effective June 30, 2025.)
  58. 5961.3.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 7. Behavioral Health Services and Supports [5960 - 5967.01] ( Part 7 added by Stats. 2021, Ch. 143, Sec. 355. ) ## CHAPTER 2. Children and youth behavioral health initiative act [5961 - 5961.5] ( Chapter 2 added by Stats. 2021, Ch. 143, Sec. 355. )

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    The department must create the program’s goals and metrics, make incentive payments to qualifying Medi-Cal managed care plans, and seek federal approval for federal participation.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 7. Behavioral Health Services and Supports [5960 - 5967.01] ( Part 7 added by Stats. 2021, Ch. 143, Sec. 355. ) ## CHAPTER 2. Children and youth behavioral health initiative act [5961 - 5961.5] ( Chapter 2 added by Stats. 2021, Ch. 143, Sec. 355. ) ## 5961.3. (a) As a component of the initiative, the State Department of Health Care Services shall make incentive payments to qualifying Medi-Cal managed care plans that meet predefined goals and metrics developed pursuant to subdivision (b) associated with targeted interventions that increase access to preventive, early intervention and behavioral health services by school-affiliated behavioral health providers for K-12 children in schools. (b) The department, in consultation with the State Department of Education, Medi-Cal managed care plans, county behavioral health departments, local educational agencies, and other affected stakeholders, shall develop the interventions, goals, and metrics used to determine a Medi-Cal managed care plan’s eligibility to receive the incentive payments described in this section. Higher incentive payments may be made for activities that increase Medi-Cal reimbursable services provided to children and youth, to reduce health equity gaps, and for services provided to children and youth living in transition, are homeless, or are involved in the child welfare system. Interventions, goals, and metrics include, but are not limited to, the following: (1) Local planning efforts to review existing plans and documents that articulate children and youth needs in the area; compile data; map existing behavioral health providers and resources; identify gaps, disparities, and inequities; and convene stakeholders and develop a framework for a robust and coordinated system of social, emotional, and behavioral health supports for children and youth. (2) Providing technical assistance to increase coordination and partnerships between schools and health care plans to build an integrated continuum of behavioral health services using contracts, a memorandum of understanding, or other agreements. (3) Developing or piloting behavioral health wellness programs to expand greater prevention and early intervention practices in school settings, such as Mental Health First Aid and Social and Emotional Learning. (4) Expanding the workforce by using community health workers or peers to expand the surveillance and early intervention of behavioral health issues in school-age children 0 to 25 years of age, inclusive. (5) Increasing telehealth in schools and ensure students have access to technological equipment. (6) Implementing school-based suicide prevention strategies. (7) Improving performance and outcomes-based accountability for behavioral health access and quality measures through local student behavioral health dashboards or public reporting. (8) Increasing access to substance use disorder prevention, early intervention, and treatment. (c) (1) For each Medi-Cal managed care rating period, as defined in paragraph (3) of subdivision (a) of Section 14105.945, that the department implements this section, the department shall determine the amount of incentive payment earned by each qualifying Medi-Cal managed care plan. (2) Any incentive payments that are eligible for federal financial participation pursuant to subdivision (e) shall be made in accordance with the requirements for incentive arrangements in Section 438.6(b)(2) of Title 42 of the Code of Federal Regulations and any associated federal guidance. (d) Incentive payments made pursuant to this section shall be used to supplement and not supplant existing payments to Medi-Cal managed care plans. In addition to developing new collaborative initiatives, incentive payments shall be used to build on existing school-based partnerships between schools and applicable Medi-Cal plans, including Medi-Cal behavioral health delivery systems. (e) The department shall seek any necessary federal approvals to claim federal financial participation for the incentive payments to qualifying Medi-Cal managed care plans described in this section. If federal approval is obtained for one or more Medi-Cal managed care rating periods, the department shall implement this section only to the extent that federal financial participation is available in that applicable rating period. If federal approval is not obtained for one or more Medi-Cal managed care rating periods, the department may make incentive payments to qualifying Medi-Cal managed care plans as described in this section on a state-only funding basis during the applicable rating period, but only to the extent sufficient funds are appropriated to the department for this purpose and the department determines that federal financial participation for the Medi-Cal program is not otherwise jeopardized as a result. (f) (1) The department may modify any requirement specified in this section to the extent that it deems the modification necessary to meet the requirements of federal law or regulations, to obtain or maintain federal approval, or to ensure that federal financial participation is available or not otherwise jeopardized. The department shall not propose any modification pursuant to this subdivision until the Department of Finance has reviewed and approved a fiscal impact statement. (2) If the department, after consulting with the State Department of Education, Medi-Cal managed care plans, county behavioral health departments, local educational agencies, and other affected stakeholder entities, determines that the potential modification would be consistent with the goals of this section, the modification may be made in consultation with the Department of Finance and the department shall execute a declaration stating that this determination has been made. The department shall post the declaration on its internet website. (3) The department shall notify entities consulted in paragraph (2), the Joint Legislative Budget Committee, the Senate Committees on Appropriations, Budget and Fiscal Review, and Health, and the Assembly Committees on Appropriations, Budget, and Health, within 10 business days of that modification or adjustment. (4) The department shall work with the affected entities and the Legislature to make the necessary statutory changes. (g) For purposes of this section, the following definitions apply: (1) “Comprehensive risk contract” has the same meaning as set forth in Section 438.2 of Title 42 of the Code of Federal Regulations. (2) “Local educational agency” means a school district, county office of education, charter school, the California Schools for the Deaf, and the California School for the Blind. (3) “Medi-Cal managed care plan” means an individual, organization, or entity that enters into a comprehensive risk contract with the department to provide covered full-scope health care services to enrolled Medi-Cal beneficiaries pursuant to any provision of Chapter 7 (commencing with Section 14000) or Chapter 8 (commencing with Section 14200) of Part 3 of Division 9. (4) “Medi-Cal behavioral health delivery system” has the meaning described in subdivision (i) of Section 14184.101. (Added by Stats. 2021, Ch. 143, Sec. 355. (AB 133) Effective July 27, 2021.)
  59. 5961.4.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 7. Behavioral Health Services and Supports [5960 - 5967.01] ( Part 7 added by Stats. 2021, Ch. 143, Sec. 355. ) ## CHAPTER 2. Children and youth behavioral health initiative act [5961 - 5961.5] ( Chapter 2 added by Stats. 2021, Ch. 143, Sec. 355. )

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    This section sets up a school-linked statewide fee schedule and provider network for schoolsite behavioral health services, requires reimbursement rules for certain Medi-Cal plans, and assigns multiple administration and reporting duties to the department and related entities.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 7. Behavioral Health Services and Supports [5960 - 5967.01] ( Part 7 added by Stats. 2021, Ch. 143, Sec. 355. ) ## CHAPTER 2. Children and youth behavioral health initiative act [5961 - 5961.5] ( Chapter 2 added by Stats. 2021, Ch. 143, Sec. 355. ) ## 5961.4. (a) As a component of the initiative, the State Department of Health Care Services shall develop and maintain a school-linked statewide fee schedule for outpatient mental health or substance use disorder treatment provided to a student 25 years of age or younger at a schoolsite. (b) The department shall develop and maintain a school-linked statewide provider network of schoolsite behavioral health counselors. (c) (1) Commencing January 1, 2024, and subject to subdivision (h), each Medi-Cal managed care plan and Medi-Cal behavioral health delivery system, as applicable, shall reimburse providers of medically necessary outpatient mental health or substance use disorder treatment provided at a schoolsite to a student 25 years of age or younger who is an enrollee of the plan or delivery system, in accordance with paragraph (2), but only to the extent the Medi-Cal managed care plan or Medi-Cal behavioral delivery system is financially responsible for those schoolsite services under its approved managed care contract with the department. (2) Providers of medically necessary schoolsite services described in this section shall be reimbursed, at a minimum, at the fee schedule rate or rates developed pursuant to subdivision (a), regardless of network provider status. (d) (1) The department may contract with an entity to administer the school-linked statewide behavioral health provider network in accordance with this subdivision. (2) The entity that administers the school-linked statewide behavioral health provider network shall do all of the following: (A) Create and administer a process for enrolling and credentialing all eligible practitioners and providers seeking to provide medically necessary schoolsite services described in this section. (B) Create and administer a process for the submission and reimbursement of claims eligible to be reimbursed pursuant to this section, which may include resolving disputes related to the school-linked statewide all-payer fee schedule and administering fee collection pursuant to subdivision (g). (C) (i) Create and administer a mechanism for the sharing of data between the entity contracted pursuant to this subdivision and a health care service plan, insurer, or Medi-Cal managed care plan that covers medically necessary schoolsite services subject to the school-linked statewide all-payer fee schedule that is necessary to facilitate timely claims processing, payment, and reporting, avoid duplication of claims, allow for tracking of grievance remediation, and to facilitate coordination of care and continuity of care for enrollees. (ii) Clause (i) includes requiring the entity that administers the school-linked statewide behavioral health provider network to automate, to the maximum extent possible, matching student records with health plan enrollment information, in order to reduce or eliminate the administrative burden of collecting health plan enrollment data from individual students and families on local educational agencies and institutions of higher education. (iii) The department shall require any entity administering the school-linked statewide behavioral health provider network to ensure both of the following: (I) Claims submitted pursuant to Section 1374.722 of the Health and Safety Code, Section 10144.53 of the Insurance Code, and subdivisions (c) and (f) are properly reimbursed according to applicable claim payment deadlines. (II) The deadline for a local educational agency or institutions of higher education to submit a retroactive claim for payment is the longer of the time permitted under either federal or state law. (e) A provider or practitioner of medically necessary schoolsite services participating in the school-linked statewide behavioral health provider network described in this section shall do all of the following: (1) Comply with all administrative requirements necessary to be enrolled and credentialed, as applicable, by the entity that administers the school-linked statewide behavioral health provider network. (2) Submit all claims for reimbursement for services billed under the school-linked statewide all-payer fee schedule through the entity that administers the school-linked statewide behavioral health provider network. (3) If a provider or practitioner of medically necessary schoolsite services has, or enters into, a direct agreement established with a health care service plan, insurer, or Medi-Cal managed care plan that covers medically necessary schoolsite services outside of the school-linked statewide all-payer fee schedule, they shall be allowed to bill for services provided directly under the terms of the established agreement. (f) (1) A health care service plan, insurer, or Medi-Cal managed care plan that covers medically necessary schoolsite services subject to the school-linked statewide all-payer fee schedule, pursuant to Section 1374.722 of the Health and Safety Code, Section 10144.53 of the Insurance Code, and this section, shall comply with all administrative requirements necessary to cover and reimburse those services set forth by the entity that administers the school-linked statewide behavioral health provider network. (2) If an agreement exists between a health care service plan, insurer, or Medi-Cal managed care plan and a provider or practitioner of medically necessary schoolsite services outside of the school-linked statewide all-payer fee schedule, the health care service plan, insurer, or Medi-Cal managed care plan shall do all of the following: (A) At minimum, reimburse the contracted provider or practitioner at the school-linked statewide all-payer fee schedule rates. (B) Provide to the department data deemed necessary and appropriate for program reporting and compliance purposes. (C) Comply with all administrative requirements necessary to cover and reimburse medically necessary schoolsite services subject to the school-linked statewide all-payer fee schedule, as determined by the department. (g) (1) The department shall establish and charge a fee to participating health care service plans, insurers, or Medi-Cal managed care plans to cover the reasonable cost of administering the school-linked statewide behavioral health provider network. (2) The department shall set the fees in an amount that it projects is sufficient to cover all administrative costs incurred by the state associated with implementing this section and consider the assessed volume of claims and providers or practitioners of medically necessary schoolsite services that are credentialed and enrolled by the entity contracted pursuant to subdivision (d). (3) The department shall not assess the fee authorized by this subdivision until the time that the contract between the department and the entity contracted pursuant to subdivision (d) commences. (4) (A) The department may periodically update the amount and structure of the fees, as necessary, to provide sufficient funding for the purpose specified in this subdivision. (B) The fees authorized in this paragraph shall be evaluated annually and based on the state’s projected costs for the forthcoming fiscal year. (C) If the department proposes to increase the fees, it shall notify the Legislature of the proposed increase through the submission of the semiannual Medi-Cal estimate provided to the Legislature. (5) (A) (i) The Behavioral Health Schoolsite Fee Schedule Administration Fund is hereby established in the State Treasury. (ii) The department shall administer the Behavioral Health Schoolsite Fee Schedule Administration Fund consistent with this subdivision. (B) All revenues, less refunds, derived from the fees authorized in this subdivision shall be deposited in the Behavioral Health Schoolsite Fee Schedule Administration Fund. (C) The moneys in the Behavioral Health Schoolsite Fee Schedule Administration Fund shall be available upon appropriation by the Legislature and shall be used only for purposes of this subdivision. (D) Notwithstanding Section 16305.7 of the Government Code, interest and dividends earned on moneys in the Behavioral Health Schoolsite Fee Schedule Administration Fund shall be retained in the fund and used solely for the purposes specified in this section. (E) Notwithstanding any other provision of law, the Controller may use moneys in the Behavioral Health Schoolsite Fee Schedule Administration Fund for cashflow loans to the General Fund as provided in Sections 16310 and 16381 of the Government Code. (F) Funds remaining in the Behavioral Health Schoolsite Fee Schedule Administration Fund at the end of a fiscal year shall be available for use in the following fiscal year and taken into consideration in establishment of fees for the subsequent fiscal year. (h) This section shall be implemented only to the extent that the department obtains any necessary federal approvals, and federal financial participation under the Medi-Cal program is available and not otherwise jeopardized. (i) This section does not relieve a local educational agency or institution of higher education from requirements to accommodate or provide services to students with disabilities pursuant to any applicable state and federal law, including, but not limited to, the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), Part 30 (commencing with Section 56000) of Division 4 of Title 2 of the Education Code, Chapter 26.5 (commencing with Section 7570) of Division 7 of Title 1 of the Government Code, and Chapter 3 (commencing with Section 3000) of Division 1 of Title 5 of the California Code of Regulations. (j) The California Health and Human Service Agency shall publish a policy manual to assist a local education agency with navigating the federal Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191) and the federal Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g) for purposes of participating in the school-linked statewide behavioral health provider network. (k) (1) The State Department of Health Care Services shall, not less than twice a year, convene a working group of stakeholders to discuss the status of, and receive feedback regarding, implementation of the fee schedule. The working group shall include, but is not limited to, representatives of all of the following: (A) Medi-Cal managed care plans. (B) Medi-Cal behavioral health plans. (C) Health care service plans. (D) Insurers. (E) Behavioral health providers. (F) Local educational agencies. (G) Labor representatives of school employees. (H) Members of the educational community. (2) The department shall provide notice, and relevant updates and information on the status of the implementation of the fee schedule, to all of the following: (A) The Assembly Committee on Budget. (B) The Assembly Committee on Education. (C) The Assembly Committee on Health. (D) The Senate Committee on Budget and Fiscal Review. (E) The Senate Committee on Education. (F) The Senate Committee on Health. (3) This subdivision shall become inoperative on July 1, 2030. (l) For purposes of this section, the following definitions shall apply: (1) “Comprehensive risk contract” has the same meaning as set forth in Section 438.2 of Title 42 of the Code of Federal Regulations. (2) “Institution of higher education” means the California Community Colleges, the California State University, or the University of California. (3) “Local educational agency” means a school district, county office of education, charter school, the California Schools for the Deaf, and the California School for the Blind. (4) “Medi-Cal behavioral health delivery system” has the meaning described in subdivision (i) of Section 14184.101. (5) “Medi-Cal managed care plan” means any individual, organization, or entity that enters into a comprehensive risk contract with the department to provide covered full-scope health care services to enrolled Medi-Cal beneficiaries pursuant to any provision of Chapter 7 (commencing with Section 14000) or Chapter 8 (commencing with Section 14200) of Part 3 of Division 9. (6) “Schoolsite” has the meaning described in paragraph (6) of subdivision (b) of Section 1374.722 of the Health and Safety Code. (Amended by Stats. 2025, Ch. 105, Sec. 49. (AB 144) Effective September 17, 2025.)
  60. 5961.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 7. Behavioral Health Services and Supports [5960 - 5967.01] ( Part 7 added by Stats. 2021, Ch. 143, Sec. 355. ) ## CHAPTER 2. Children and youth behavioral health initiative act [5961 - 5961.5] ( Chapter 2 added by Stats. 2021, Ch. 143, Sec. 355. )

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    The department must develop and select behavioral health interventions, set up a workgroup before selecting them, provide grants to qualified entities, and require grant recipients to share standardized data.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 7. Behavioral Health Services and Supports [5960 - 5967.01] ( Part 7 added by Stats. 2021, Ch. 143, Sec. 355. ) ## CHAPTER 2. Children and youth behavioral health initiative act [5961 - 5961.5] ( Chapter 2 added by Stats. 2021, Ch. 143, Sec. 355. ) ## 5961.5. (a) As a component of the initiative, the State Department of Health Care Services shall develop and select evidence-based interventions and community-defined promising practices to improve outcomes for children and youth with, or at high risk for, behavioral health conditions. (b) Prior to selecting the evidence-based interventions, as described in subdivision (a), the department shall establish a workgroup comprised of subject matter experts and affected stakeholders to consider evidence-based interventions based on robust evidence for effectiveness, impact on racial equity, and sustainability. (c) The department, or its contracted vendor, shall provide competitive grants to entities it deems qualified to support the implementation of the evidence-based interventions and community-defined promising practices developed pursuant to subdivision (a). (d) Subject to subdivision (e), entities eligible to receive grants pursuant to this section may include Medi-Cal behavioral health delivery systems, city mental health authorities, tribal entities, health care service plans, Medi-Cal managed care plans, community-based organizations, and behavioral health providers. (e) The department shall determine the eligibility criteria, grant application process, and methodology for the distribution of funds appropriated for the purposes described in this section to those entities it deems qualified. (f) As a condition of funding, grant recipients shall share standardized data, in a manner and form determined by the department. (g) For purposes of this section, “Medi-Cal behavioral health delivery system” shall have the same meaning as specified in subdivision (i) of Section 14184.101. (Amended by Stats. 2022, Ch. 47, Sec. 61. (SB 184) Effective June 30, 2022.)
  61. 5963.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 7. Behavioral Health Services and Supports [5960 - 5967.01] ( Part 7 added by Stats. 2021, Ch. 143, Sec. 355. ) ## CHAPTER 3. Behavioral Health Modernization Act [5963 - 5963.06] ( Chapter 3 added by Stats. 2023, Ch. 790, Sec. 109. ) ## ARTICLE 2. Behavioral Health Planning and Reporting [5963 - 5963.06] ( Article 2 added by Stats. 2023, Ch. 790, Sec. 109. )

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    Counties must develop an Integrated Plan for Behavioral Health Services and Outcomes every three years, and the State Department of Health Care Services must consult specified county groups by March 15, 2024.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 7. Behavioral Health Services and Supports [5960 - 5967.01] ( Part 7 added by Stats. 2021, Ch. 143, Sec. 355. ) ## CHAPTER 3. Behavioral Health Modernization Act [5963 - 5963.06] ( Chapter 3 added by Stats. 2023, Ch. 790, Sec. 109. ) ## ARTICLE 2. Behavioral Health Planning and Reporting [5963 - 5963.06] ( Article 2 added by Stats. 2023, Ch. 790, Sec. 109. ) ## 5963. (a) It is the intent of the Legislature that this article establish the Integrated Plan for Behavioral Health Services and Outcomes, which each county shall develop every three years to include all of the following: (1) A demonstration of how the county will utilize various funds for behavioral health services to deliver high-quality, culturally responsive, and timely care along the continuum of services in the least restrictive setting from prevention and wellness in schools and other settings to community-based outpatient care, residential care, crisis care, acute care, and housing services and supports. (2) A demonstration of how the county will use Behavioral Health Services Act funds to prioritize addressing the needs of those who meet both of the following: (A) Chronically homeless, experiencing unsheltered homelessness, or are at risk of homelessness, are incarcerated or at risk of being incarcerated, are reentering the community from prison, jail, or a correctional facility, or at risk of institutionalization, conservatorship, or are in the child welfare or adult protective system. (B) The criteria for eligible adults and older adults, as defined in Section 5892, or for eligible children and youth, as defined in Section 5892. (3) A demonstration of how the county will strategically invest in early intervention and advancing behavioral health innovation. (4) A demonstration of how the county has considered other local program planning efforts in the development of the integrated plan to maximize opportunities to leverage funding and services from other programs, including federal funding, Medi-Cal managed care, and commercial health plans. (5) A demonstration of how the county will support and retain a robust, diverse county and noncounty contracted behavioral health workforce to achieve the statewide and local behavioral health outcome goals. (6) A development process in partnership with local stakeholders. (7) A set of measures used to track progress and hold counties accountable in meeting specific outcomes and goals of the integrated plan, including outcomes and goals that reduce disparities. (8) Information for the state to consider, if necessary, to recommend changes to the county’s integrated plan or requiring sanctions to a county’s Behavioral Health Services Act funding as a result of a county not meeting its obligations or state outcome metrics. (b) For purposes of this article, the following definitions apply: (1) “Chronically homeless” means an individual or family that is chronically homeless, as defined in Section 11360 of Title 42 of the United States Code, or as otherwise modified or expanded by the State Department of Health Care Services. (2) “Department” means the State Department of Health Care Services. (3) “Experiencing homelessness or are at risk of homelessness” means people who are homeless or at risk of homelessness, as defined in Section 91.5 of Title 24 of the Code of Federal Regulations, or as otherwise defined by the department. (4) “Integrated plan” means the Integrated Plan for Behavioral Health Services and Outcomes required by this section. (c) Notwithstanding any other law, new and ongoing county and behavioral health agency administrative costs to implement this article and Section 14197.71, any costs for plan development required under this article that exceed the amounts set forth in subparagraph (B) of paragraph (1) of subdivision (e) of Section 5892, and any costs for reporting required by this article that exceed the amounts set forth in subparagraph (B) of paragraph (2) of subdivision (e) of Section 5892, shall be included in the Governor’s 2024–25 May Revision. The State Department of Health Care Services shall consult with the California State Association of Counties and the County Behavioral Health Directors Association of California no later than March 15, 2024, to estimate the resources needed to implement this article and Section 14197.71. (Added by Stats. 2023, Ch. 790, Sec. 109. (SB 326) Effective April 17, 2024. Approved in Proposition 1 at the March 5, 2024, election. Operative January 1, 2025, pursuant to Sec. 117 of Proposition 1.)
  62. 5963.01.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 7. Behavioral Health Services and Supports [5960 - 5967.01] ( Part 7 added by Stats. 2021, Ch. 143, Sec. 355. ) ## CHAPTER 3. Behavioral Health Modernization Act [5963 - 5963.06] ( Chapter 3 added by Stats. 2023, Ch. 790, Sec. 109. ) ## ARTICLE 2. Behavioral Health Planning and Reporting [5963 - 5963.06] ( Article 2 added by Stats. 2023, Ch. 790, Sec. 109. )

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    A county must work with each covered Medi-Cal managed care plan on its population needs assessment and with its local health jurisdiction on its community health improvement 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 7. Behavioral Health Services and Supports [5960 - 5967.01] ( Part 7 added by Stats. 2021, Ch. 143, Sec. 355. ) ## CHAPTER 3. Behavioral Health Modernization Act [5963 - 5963.06] ( Chapter 3 added by Stats. 2023, Ch. 790, Sec. 109. ) ## ARTICLE 2. Behavioral Health Planning and Reporting [5963 - 5963.06] ( Article 2 added by Stats. 2023, Ch. 790, Sec. 109. ) ## 5963.01. (a) A county shall work with each Medi-Cal managed care plan, as defined in subdivision (j) of Section 14184.101, that covers residents of the county on development of the managed care plan’s population needs assessment. (b) A county shall work with its local health jurisdiction on development of its community health improvement plan. (c) 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. 109. (SB 326) Effective April 17, 2024. Approved in Proposition 1 at the March 5, 2024, election. Operative July 1, 2026, by its own provisions.)
  63. 5963.02.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 7. Behavioral Health Services and Supports [5960 - 5967.01] ( Part 7 added by Stats. 2021, Ch. 143, Sec. 355. ) ## CHAPTER 3. Behavioral Health Modernization Act [5963 - 5963.06] ( Chapter 3 added by Stats. 2023, Ch. 790, Sec. 109. ) ## ARTICLE 2. Behavioral Health Planning and Reporting [5963 - 5963.06] ( Article 2 added by Stats. 2023, Ch. 790, Sec. 109. )

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    Counties must prepare and submit an integrated behavioral health plan and annual updates, and county supervisors must approve them by June 30 before the covered 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 7. Behavioral Health Services and Supports [5960 - 5967.01] ( Part 7 added by Stats. 2021, Ch. 143, Sec. 355. ) ## CHAPTER 3. Behavioral Health Modernization Act [5963 - 5963.06] ( Chapter 3 added by Stats. 2023, Ch. 790, Sec. 109. ) ## ARTICLE 2. Behavioral Health Planning and Reporting [5963 - 5963.06] ( Article 2 added by Stats. 2023, Ch. 790, Sec. 109. ) ## 5963.02. (a) (1) Each county shall prepare and submit an integrated plan and annual updates to the Behavioral Health Services Oversight and Accountability Commission and the department. (2) All references to the three-year program and expenditure plan mean the integrated plan. (3) Each county’s board of supervisors shall approve the integrated plan and annual updates by June 30 prior to the fiscal year or years the integrated plan or update would cover. (4) A county shall not use the integrated plan to demonstrate compliance with federal law, state law, or requirements imposed by the department related to programs listed in subdivision (c). (b) (1) Each section of the integrated plan and annual update listed in subdivision (c) shall be based on available funding or obligations under Section 30025 of the Government Code and corresponding contracts for the applicable fiscal years and in accordance with established stakeholder engagement and planning requirements as required in Section 5963.03. (2) A county shall consider relevant data sources, including local data, to guide addressing local needs, including the prevalence of mental health and substance use disorders, the unmet need for mental health and substance use disorder treatment in the county, behavioral health disparities, and the homelessness point-in-time count, in preparing each integrated plan and annual update, and should use the data to demonstrate how the plan appropriately allocates funding between mental health and substance use disorder treatment services. (3) A county shall consider the population needs assessment of each Medi-Cal managed care plan, as defined in subdivision (j) of Section 14184.101, that covers residents of the county in preparing each integrated plan and annual update. (4) A county shall consider the community health improvement plan of the local health jurisdiction for the county in preparing each integrated plan and annual update. (5) A county shall stratify data to identify behavioral health disparities and consider approaches to eliminate disparities, including, but not limited to, promising practices, models of care, community-defined evidence practices, workforce diversity, and cultural responsiveness in preparing each integrated plan and annual update. (6) A county shall report and consider the achievement of defined goals and outcomes measures of the prior integrated plan and annual update, in addition to other data and information as specified by the department pursuant to Section 5963.05, in preparing each integrated plan and annual update. (7) A county with a population greater than 200,000 shall collaborate with the five most populous cities in the county, managed care plans, and continuums of care to outline respective responsibilities and coordination of services related to housing interventions described in Section 5830. (8) A county shall consider input and feedback into the plan provided by stakeholders, including, but not limited to, those with lived behavioral health experience, including peers and families. (c) The integrated plan and annual updates shall include a section for each of the following: (1) (A) Community mental health services provided pursuant to Part 2 (commencing with Section 5600). (B) Programs and services funded from the Behavioral Health Services Fund pursuant to Section 5890, including a description of how the county meets the requirements of paragraph (7) of subdivision (b). (C) Programs and services funded by the Projects for Assistance in Transition from Homelessness grant pursuant to Sections 290cc-21 to 290cc-35, inclusive, of Title 42 of the United States Code. (D) Programs and services funded by the Community Mental Health Services Block Grant pursuant to Sections 300x to 300x-9, inclusive, of Title 42 of the United States Code. (E) Programs and services funded by the Substance Abuse Block Grant pursuant to Sections 300x-21 to 300x-35, inclusive, of Title 42 of the United States Code. (F) Programs and services provided pursuant to Article 5 (commencing with Section 14680) of Chapter 8.8 of Part 3 of Division 9 and Chapter 8.9 (commencing with Section 14700) of Part 3 of Division 9. (G) Programs and services provided pursuant to Article 3.2 (commencing with Section 14124.20) of Chapter 7 of Part 3 of Division 9. (H) Programs and services provided pursuant to Section 14184.401. (I) Programs and services funded by distributions from the Opioid Settlements Fund established pursuant to Section 12534 of the Government Code. (J) Services provided through other federal grants or other county mental health and substance use disorder programs. (2) A budget that includes the county planned expenditures and reserves for the county distributions from the Behavioral Health Service Fund and any other funds allocated to the county to provide the services and programs set forth in paragraph (1). The budget shall also include proposed adjustments pursuant to the requirements set forth in subdivision (c) of Section 5892 and subdivision (d) of Section 5892.2. (3) (A) A description of how the integrated plan and annual update aligns with statewide behavioral health goals and outcome measures, including goals and outcome measures to reduce identified disparities, as defined by the department in consultation with counties, stakeholders, and the Behavioral Health Services and Oversight Accountability Commission, pursuant to Section 5963.05. (B) Outcome measures may include, but are not limited to, measures that demonstrate achievement of goals to reduce homelessness among those eligible for housing interventions pursuant to Section 5830 and measures that demonstrate reductions in the number of people who are justice-involved in the county and who are eligible adults or older adults, as defined in Section 5892, or eligible children and youth, as defined in Section 5892. (4) A description of how the integrated plan aligns with local goals and outcome measures for behavioral health, including goals and outcome measures to reduce identified disparities. (5) The programs and services specified in paragraph (1) shall include descriptions of efforts to reduce identified disparities in behavioral health outcomes. (6) A description of the data sources considered to meet the requirements specified in paragraph (2) of subdivision (b). (7) A description of how the county has considered the unique needs of LGBTQ+ youth, justice-involved youth, child welfare-involved, justice-involved adults, and older adults in the housing intervention program pursuant to Part 3.2 (commencing with Section 5830) and Full Service Partnership program pursuant to Part 4.1 (commencing with Section 5887). (8) A description of its workforce strategy, to include actions the county will take to ensure its county and noncounty contracted behavioral health workforce is well-supported and culturally and linguistically concordant with the population to be served, and robust enough to achieve the statewide and local behavioral health goals and measures. This description shall include how the county will do all of the following: (A) Maintain and monitor a network of appropriate, high-quality, culturally and linguistically concordant county and noncounty contracted providers, where applicable, that is sufficient to provide adequate access to services and supports for individuals with behavioral health needs. (B) Meet federal and state standards for timely access to care and services, considering the urgency of the need for services. (C) Ensure the health and welfare of the individual and support community integration of the individual. (D) Promote the delivery of services in a culturally competent manner to all individuals, including those with limited English proficiency and diverse cultural and ethnic backgrounds and disabilities, regardless of age, religion, sexual orientation, and gender identity. (E) Ensure physical access, reasonable accommodations, and accessible equipment for individuals with physical, intellectual and developmental, and mental disabilities. (F) Select and retain all contracted network providers, including ensuring all contracted providers meet minimum standards for license, certification, training, experience, and credentialing requirements. (G) Ensure that the contractor’s hiring practices meet applicable nondiscrimination standards and demonstrate best practices in promoting diversity and equity. (H) Adequately fund contracts to ensure that noncounty contracted providers are resourced to achieve the behavioral health goals outlined in their contract for the purposes of meeting statewide metrics. (I) Conduct oversight of compliance of all federal and state laws and regulations of all contracted network providers. (J) Fill county vacancies and retain county employees providing direct behavioral health services, if applicable. (9) A description of the system developed to transition a beneficiary’s care between the beneficiary’s mental health plan and their managed care plan based upon the beneficiary’s health condition. (10) Certification by the county behavioral health director, that ensures that the county has complied with all pertinent regulations, laws, and statutes, including stakeholder participation requirements. (11) Certification by the county behavioral health director and by the county chief administration officer or their designee that the county has complied with fiscal accountability requirements, as directed by the department, and that all expenditures are consistent with applicable state and federal law. (d) The county shall submit its integrated plan and annual updates to the department and the commission in a form and manner prescribed by the department. (e) The department shall post on its internet website, in a timely manner, the integrated plan submitted by every county pursuant to this section. (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. (Amended by Stats. 2026, Ch. 27, Sec. 66. (SB 164) Effective June 29, 2026.)
  64. 5963.03.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 7. Behavioral Health Services and Supports [5960 - 5967.01] ( Part 7 added by Stats. 2021, Ch. 143, Sec. 355. ) ## CHAPTER 3. Behavioral Health Modernization Act [5963 - 5963.06] ( Chapter 3 added by Stats. 2023, Ch. 790, Sec. 109. ) ## ARTICLE 2. Behavioral Health Planning and Reporting [5963 - 5963.06] ( Article 2 added by Stats. 2023, Ch. 790, Sec. 109. )

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    Counties must develop integrated behavioral health plans with stakeholders, hold a 30-day comment process, and post updates online before they take effect.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 7. Behavioral Health Services and Supports [5960 - 5967.01] ( Part 7 added by Stats. 2021, Ch. 143, Sec. 355. ) ## CHAPTER 3. Behavioral Health Modernization Act [5963 - 5963.06] ( Chapter 3 added by Stats. 2023, Ch. 790, Sec. 109. ) ## ARTICLE 2. Behavioral Health Planning and Reporting [5963 - 5963.06] ( Article 2 added by Stats. 2023, Ch. 790, Sec. 109. ) ## 5963.03. (a) (1) Each integrated plan shall be developed with local stakeholders, including, but not limited to, all of the following: (A) Eligible adults and older adults, as defined in Section 5892. (B) Families of eligible children and youth, eligible adults, and eligible older adults, as defined in Section 5892. (C) Youths or youth mental health or substance use disorder organizations. (D) Providers of mental health services and substance use disorder treatment services. (E) Public safety partners, including county juvenile justice agencies. (F) Local education agencies. (G) Higher education partners. (H) Early childhood organizations. (I) Local public health jurisdictions. (J) County social services and child welfare agencies. (K) Labor representative organizations. (L) Veterans. (M) Representatives from veterans organizations. (N) Health care organizations, including hospitals. (O) Health care service plans, including Medi-Cal managed care plans as defined in subdivision (j) of Section 14184.101. (P) Disability insurers. (Q) Tribal and Indian Health Program designees established for Medi-Cal Tribal consultation purposes. (R) The five most populous cities in counties with a population greater than 200,000. (S) Area agencies on aging. (T) Independent living centers. (U) Continuums of care, including representatives from the homeless service provider community. (V) Regional centers. (W) Emergency medical services. (X) Community-based organizations serving culturally and linguistically diverse constituents. (2) (A) (i) A county shall demonstrate a partnership with constituents and stakeholders throughout the process that includes meaningful stakeholder involvement on mental health and substance use disorder policy, program planning, and implementation, monitoring, workforce, quality improvement, health equity, evaluation, and budget allocations. (ii) Stakeholders shall include sufficient participation of individuals representing diverse viewpoints, including, but not limited to, representatives from youth from historically marginalized communities, representatives from organizations specializing in working with underserved racially and ethnically diverse communities, representatives from LGBTQ+ communities, victims of domestic violence and sexual abuse, and people with lived experience of homelessness. (iii) A county may provide supports, including, but not limited to, training and technical assistance, to ensure stakeholders, including peers and families, receive sufficient information and data to meaningfully participate in the development of integrated plans and annual updates. (B) A draft plan and update shall be prepared and circulated for review and comment for at least 30 days to representatives of stakeholder interest and any interested party who has requested a copy of the draft plan. (b) (1) The behavioral health board established pursuant to Section 5604 shall conduct a public hearing on the draft integrated plan and annual updates at the close of the 30-day comment period required by subdivision (a). (2) Each adopted integrated plan and update shall include substantive written recommendations for revisions. (3) The adopted integrated plan or update shall summarize and analyze the recommended revisions. (4) The behavioral health board shall review the adopted integrated plan or update and make recommendations to the local mental health agency, local substance use disorder agency, or local behavioral health agency, as applicable, for revisions. (5) The local mental health agency, local substance use disorder agency, or local behavioral health agency, as applicable, shall provide an annual report of written explanations to the local governing body and the department for substantive recommendations made by the local behavioral health board that are not included in the final integrated plan or update. (6) A county may provide training to ensure stakeholders receive sufficient information and data to meaningfully participate in the development of integrated plans and annual updates. (c) (1) A county shall prepare annual updates to its integrated plan and may prepare intermittent updates. (2) In preparing annual and intermittent updates: (A) A county is not required to comply with the stakeholder process described in subdivisions (a) and (b). (B) A county shall post on its internet website all updates to its integrated plan and a summary and justification of the changes made by the updates for a 30-day comment period prior to the effective date of the updates. (d) For purposes of this section, “substantive recommendations made by the local behavioral health board” means a recommendation that is brought before the board and approved by a majority vote of the membership present at a public hearing of the local behavioral health board that has established a quorum. (e) 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. (Added by Stats. 2023, Ch. 790, Sec. 109. (SB 326) Effective April 17, 2024. Approved in Proposition 1 at the March 5, 2024, election. Operative January 1, 2025, by its own provisions.)
  65. 5963.04.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 7. Behavioral Health Services and Supports [5960 - 5967.01] ( Part 7 added by Stats. 2021, Ch. 143, Sec. 355. ) ## CHAPTER 3. Behavioral Health Modernization Act [5963 - 5963.06] ( Chapter 3 added by Stats. 2023, Ch. 790, Sec. 109. ) ## ARTICLE 2. Behavioral Health Planning and Reporting [5963 - 5963.06] ( Article 2 added by Stats. 2023, Ch. 790, Sec. 109. )

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    Counties and Medi-Cal behavioral health delivery systems must submit an annual behavioral health outcomes report to the department, and counties must have their board of supervisors attest that it is complete and accurate.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 7. Behavioral Health Services and Supports [5960 - 5967.01] ( Part 7 added by Stats. 2021, Ch. 143, Sec. 355. ) ## CHAPTER 3. Behavioral Health Modernization Act [5963 - 5963.06] ( Chapter 3 added by Stats. 2023, Ch. 790, Sec. 109. ) ## ARTICLE 2. Behavioral Health Planning and Reporting [5963 - 5963.06] ( Article 2 added by Stats. 2023, Ch. 790, Sec. 109. ) ## 5963.04. (a) (1) Annually, counties and Medi-Cal behavioral health delivery systems, as defined in subdivision (i) of Section 14184.101, shall submit the County Behavioral Health Outcomes, Accountability, and Transparency Report to the department. (2) This report shall include the following data and information that shall be submitted in a form, manner, and in accordance with timelines prescribed by the department: (A) The county’s annual allocation of state and federal behavioral health funds, by category. (B) The county’s annual expenditure of state and federal behavioral health funds, by category. (C) The amounts of annual and cumulative unspent state and federal behavioral health funds, including funds in a reserve account, by category. (D) The county’s annual expenditure of county general funds and other funds, by category, on mental health or substance use disorder treatment services. (E) The sources and amounts spent annually as the nonfederal share for Medi-Cal specialty mental health services and Medi-Cal substance use disorder treatment services, by category. (F) All administrative costs, by category. (G) All contracted services, and the cost of those contracted services, by category. (H) Information on behavioral health services provided to persons not covered by Medi-Cal, including, but not limited to, those who are uninsured or covered by Medicare or commercial insurance, by category. (I) Other data and information, which shall include, but is not limited to, information on spending on children and youth, service utilization data, performance outcome measures across all behavioral health delivery systems, and data and information pertaining to populations with identified disparities in behavioral health outcomes, as specified by the department. This shall include data through the lens of health equity to identify racial, ethnic, age, gender, and other demographic disparities and inform disparity reduction efforts. Other data and information may include the number of people who are eligible adults and older adults, as defined in Section 5892, who are incarcerated, experiencing homelessness, inclusive of the availability of housing, the number of eligible children and youth, as defined in Section 5892, who access evidence based early psychosis and mood disorder detection and intervention programs. (J) Data and information on workforce measures and metrics, including, but not limited to, all of the following: (i) Vacancies and efforts to fill vacancies. (ii) The number of county employees providing direct clinical behavioral health services. (iii) Whether there is a net change in the number of county employees providing direct clinical behavioral health services compared to the prior year and an explanation for that change. (b) The department shall establish metrics, in consultation with counties, stakeholders, and the Behavioral Health Services Oversight and Accountability Commission to measure and evaluate the quality and efficacy of the behavioral health services and programs listed in paragraph (1) of subdivision (c) of Section 5963.02. The metrics shall be used to identify demographic and geographic disparities in the quality and efficacy of behavioral health services and programs listed in paragraph (1) of subdivision (c) of Section 5963.02. (c) Each county’s board of supervisors shall attest that the County Behavioral Health Outcomes, Accountability, and Transparency Report is complete and accurate before it is submitted to the department. (d) Each year, the department shall post on its internet website a statewide County Behavioral Health Outcomes, Accountability, and Transparency Report. (e) (1) The department may require a county or Medi-Cal behavioral health delivery system, as defined in subdivision (i) of Section 14184.101, to revise its integrated plan or annual update pursuant to Section 5963.02 if the department determines the plan or update fails to adequately address local needs pursuant to paragraph (2) of subdivision (b) of Section 5963.02. (2) The department may impose a corrective action plan or require a county or Medi-Cal behavioral health delivery system, as defined in subdivision (i) of Section 14184.101, to revise its integrated plan or annual update pursuant to Section 5963.02 if the department determines that the county or delivery system fails to make adequate progress in meeting the metrics established by the department pursuant to subdivision (b). (3) (A) (i) If a county or Medi-Cal behavioral health delivery system fails to submit the data and information specified in subdivision (a) by the required deadline, or as otherwise required by the department, fails to allocate funding pursuant to Section 5892, fails to comply with the expenditure requirements of subdivisions (b) and (c) of Section 5892.2 or fails to follow the process pursuant to Section 5963.03, the department may impose a corrective action plan, monetary sanctions, or temporarily withhold payments to the county or Medi-Cal behavioral health delivery system, pursuant to Section 14197.7. (ii) Subject to the guidance issued pursuant to Section 5963.05, if a county’s actual expenditures of its allocations from the Behavioral Health Services Fund significantly varies from its budget in Section 5963.02, the department may impose a corrective action plan, monetary sanctions, or temporarily withhold payments to the county pursuant to Section 14197.7. (iii) Notwithstanding subdivision (o) of Section 14197.7, temporarily withheld payments shall be withheld from the Behavioral Health Services Fund. (B) (i) Notwithstanding subdivision (q) of Section 14197.7, monetary sanctions collected pursuant to this section shall be deposited in the Behavioral Health Services Act Accountability Fund, which is hereby created in the State Treasury. (ii) Subject to the department’s guidance issued pursuant to Section 5963.05, all monies in the Behavioral Health Services Act Accountability Fund shall be continuously appropriated and allocated and distributed to the county that paid the monetary sanction upon the department’s determination that the county has come into compliance. (C) The department shall temporarily withhold amounts it deems necessary to ensure the county or Medi-Cal behavioral health delivery system comes into compliance. (D) The department shall release the temporarily withheld funds when it determines the county or Medi-Cal behavioral health delivery system has come into compliance. (f) This section shall be read in conjunction with, and apply in addition to, any other applicable law that authorizes the department to impose sanctions or otherwise take remedial actions against a county and Medi-Cal behavioral health delivery system. (g) 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. (Amended by Stats. 2026, Ch. 27, Sec. 67. (SB 164) Effective June 29, 2026.)
  66. 5963.05.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 7. Behavioral Health Services and Supports [5960 - 5967.01] ( Part 7 added by Stats. 2021, Ch. 143, Sec. 355. ) ## CHAPTER 3. Behavioral Health Modernization Act [5963 - 5963.06] ( Chapter 3 added by Stats. 2023, Ch. 790, Sec. 109. ) ## ARTICLE 2. Behavioral Health Planning and Reporting [5963 - 5963.06] ( Article 2 added by Stats. 2023, Ch. 790, Sec. 109. )

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    The department may issue guidance and enter certain contracts to implement this act, and it must adopt implementing regulations by July 1, 2033.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 7. Behavioral Health Services and Supports [5960 - 5967.01] ( Part 7 added by Stats. 2021, Ch. 143, Sec. 355. ) ## CHAPTER 3. Behavioral Health Modernization Act [5963 - 5963.06] ( Chapter 3 added by Stats. 2023, Ch. 790, Sec. 109. ) ## ARTICLE 2. Behavioral Health Planning and Reporting [5963 - 5963.06] ( Article 2 added by Stats. 2023, Ch. 790, Sec. 109. ) ## 5963.05. (a) Notwithstanding Chapter 3.5 (commencing Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department may implement, interpret, or make specific the amendments made pursuant to this act by means of plan or county letters, information notices, plan or provider bulletins, or other similar instructions without taking further regulatory action. (b) By July 1, 2033, the department shall adopt regulations necessary to implement, interpret, or make specific the amendments made pursuant to this act in accordance with the requirements of Chapter 3.5 (commencing Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (c) (1) For purposes of implementing this act, the department may enter into exclusive or nonexclusive contracts, or amend existing contracts, on a bid or negotiated basis, including contracts to implement new or change existing information technology systems. (2) Notwithstanding any other law, contracts entered into or amended, or changes to existing information technology systems made pursuant to this subdivision shall be exempt from Chapter 6 (commencing with Section 14825) of Part 5.5 of Division 3 of Title 2 of the Government Code, Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the Government Code, Part 2 (commencing with Section 12100) of Division 2 of the Public Contract Code, the Statewide Information Management Manual, and the State Administrative Manual and shall be exempt from the review or approval of any division of the Department of General Services or the Department of Technology. (d) 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. (Added by Stats. 2023, Ch. 790, Sec. 109. (SB 326) Effective April 17, 2024. Approved in Proposition 1 at the March 5, 2024, election. Operative January 1, 2025, by its own provisions.)
  67. 5963.06.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 7. Behavioral Health Services and Supports [5960 - 5967.01] ( Part 7 added by Stats. 2021, Ch. 143, Sec. 355. ) ## CHAPTER 3. Behavioral Health Modernization Act [5963 - 5963.06] ( Chapter 3 added by Stats. 2023, Ch. 790, Sec. 109. ) ## ARTICLE 2. Behavioral Health Planning and Reporting [5963 - 5963.06] ( Article 2 added by Stats. 2023, Ch. 790, Sec. 109. )

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    The California State Auditor must issue recurring reports on implementation of the Behavioral Health Services Act and make them public.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 7. Behavioral Health Services and Supports [5960 - 5967.01] ( Part 7 added by Stats. 2021, Ch. 143, Sec. 355. ) ## CHAPTER 3. Behavioral Health Modernization Act [5963 - 5963.06] ( Chapter 3 added by Stats. 2023, Ch. 790, Sec. 109. ) ## ARTICLE 2. Behavioral Health Planning and Reporting [5963 - 5963.06] ( Article 2 added by Stats. 2023, Ch. 790, Sec. 109. ) ## 5963.06. (a) The California State Auditor shall, no later than December 31, 2029, issue to the Governor, the Legislature, the Senate and Assembly Committees on Health, the Assembly Committee on Housing and Community Development, and the Senate Committee on Housing, a comprehensive report on the progress and effectiveness of the implementation of the Behavioral Health Services Act. (b) The California State Auditor shall conduct the audit required pursuant to subdivision (a) every three years thereafter with the final audit due on or before December 31, 2035. The final report shall include final findings, conclusions, and recommendations on the topics addressed in the previous reports. (1) The California State Auditor shall make their reports available to the public. (2) The California State Auditor shall make every effort to provide affected entities with an opportunity to reply to any facts, findings, issues, or conclusions in their reports with which the department may disagree. (c) The audit conducted pursuant to this section shall include an assessment of the following: (1) The impact of the policy changes of the Behavioral Health Services Act on the overall delivery of behavioral health services in California. (2) The timeliness and thoroughness of guidance issued and training and technical assistance provided to impacted entities by the state as it transitions from the existing behavioral health system of care to the reforms envisioned pursuant to this act. (3) The implementation of the Behavioral Health Services Act by each of the primary entities involved in the transition and implementation, including, but not limited to, the California Health and Human Services Agency, State Department of Health Care Services, Department of Health Care Access and Information, State Department of Public Health, Behavioral Health Services Oversight and Accountability Commission, counties, and county behavioral health directors. (4) How counties demonstrate progress towards meeting the statewide behavioral health goals and outcome measures developed pursuant to subparagraph (A) of paragraph (3) of subdivision (c) of Section 5963.02. (5) The fiscal and programmatic aspects of the Behavioral Health Services Act, including reserve levels, reversion activity, services and system outcomes, workforce training, workforce capacity, number of individuals served, number of individuals receiving services, number of individuals receiving housing interventions, as reported to the department by counties. (6) The revised Behavioral Health Services Act allocations pursuant to paragraphs (1), (2), and (3) of subdivision (a) of Section 5892, gaps in service, and trends in unmet needs. (7) The degree to which the inclusion of substance use disorders, substance use disorder treatment services, and substance use disorder personnel into the Behavioral Health Services Act has impacted the system of behavioral health care and the degree to which inclusion in the Behavioral Health Services Act has been initially successful. (8) The effectiveness and outcomes achieved through the population-based prevention programs developed and implemented by the State Department of Public Health. (9) The effectiveness and compliance by the counties with the revised reporting requirements under the act that added this section. (10) The department’s oversight of the revised Integrated Plan for Behavioral Health Services and Outcomes and County Behavioral Health Outcomes, Accountability, and Transparency Report, including the use of corrective action plans or sanctions, or both. (11) The coordination and collaboration occurring throughout the transition period between, but not limited to, the California Health and Human Services Agency, State Department of Health Care Services, Behavioral Health Services Oversight and Accountability Commission, counties, and county behavioral health directors, and an identification of areas of improvement if warranted. (12) Recommendations on any changes or improvements indicated by the audit pursuant to this section. (d) (1) The California Health and Human Services Agency, State Department of Health Care Services, counties, and Behavioral Health Services Oversight and Accountability Commission staff shall cooperate with all requests of the California State Auditor to the extent such information is available and the State Department of Health Care Services, counties, and Behavioral Health Services Oversight and Accountability Commission shall provide data, information, and case files as requested by the California State Auditor to perform all of their duties, to the extent that information is available. (2) The California State Auditor may also provide in its reports, additional information to either the department or the Legislature at their discretion or at the request of either the department or the Legislature. (e) The California State Auditor shall, in making its recommendations, indicate the predicted quickest method of implementing those recommendations, including, but not limited to, regulatory or statutory changes. (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. (g) This section shall become inoperative on June 30, 2036, and, as of January 1, 2037, is repealed. (Added by Stats. 2023, Ch. 790, Sec. 109. (SB 326) Effective April 17, 2024. Approved in Proposition 1 at the March 5, 2024, election. Operative January 1, 2025, by its own provisions. Inoperative June 30, 2036, by its own provisions. Repealed as of January 1, 2037, by its own provisions.)
  68. 5964.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 7. Behavioral Health Services and Supports [5960 - 5967.01] ( Part 7 added by Stats. 2021, Ch. 143, Sec. 355. ) ## CHAPTER 3.5. Hospital, Emergency Medical Services, and Behavioral Health Facilities Bed Capacity Data Solution [5964- 5964.] ( Chapter 3.5 added by Stats. 2024, Ch. 999, Sec. 5. )

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    The department may order a plan of correction or civil money penalties for certain licensed or certified entities that fail to submit required data, and facilities may use a grievance and hearing process.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 7. Behavioral Health Services and Supports [5960 - 5967.01] ( Part 7 added by Stats. 2021, Ch. 143, Sec. 355. ) ## CHAPTER 3.5. Hospital, Emergency Medical Services, and Behavioral Health Facilities Bed Capacity Data Solution [5964- 5964.] ( Chapter 3.5 added by Stats. 2024, Ch. 999, Sec. 5. ) ## 5964. (a) (1) The State Department of Health Care Services may impose a plan of correction or assess civil money penalties pursuant to paragraph (2), or both, against a specified entity licensed or certified by the State Department of Health Care Services that fails to submit data accurately, timely, or as required pursuant to Section 131425 of the Health and Safety Code. (2) The State Department of Health Care Services may determine a reasonable length of time for the facility to complete a plan of correction. The State Department of Health Care Services may issue a notice of imposition of civil money penalties if the facility fails to complete a plan of correction by the time specified. The State Department of Health Care Services may assess penalties against a facility in the amount of one hundred dollars ($100) per day from the date of notice of imposition of penalties. (3) A facility may submit a written grievance to the State Department of Health Care Services within 15 working days of the issuance of the notice specified in paragraph (2). The facility shall include any supporting documentation and explain any mitigating circumstances. The State Department of Health Care Services shall make a determination on the grievance within 90 calendar days of receipt of a complete grievance. (4) A facility may request a formal hearing within 30 calendar days of the State Department of Health Care Services’ determination on the grievance pursuant to paragraph (3). Hearings to review the imposition of civil money penalties shall be conducted pursuant to the requirements set forth in Section 100171 of the Health and Safety Code. Civil money penalties against a facility shall continue to accrue until the effective date of the final decision of the State Department of Health Care Services. (5) The State Department of Health Care Services may obtain a court order to recover unpaid civil money penalties against a specified entity licensed or certified by the State Department of Health Care Services. (b) Notwithstanding Section 13340 of the Government Code, civil money penalties collected pursuant to this section shall be deposited into the General Fund for use, upon appropriation by the Legislature, for costs for behavioral health care services furnished to persons eligible for the Medi-Cal program, including persons dually eligible for the Medi-Cal program and the Medicare Program. (c) The State Department of Health Care Services shall seek any federal approvals it deems necessary to implement this section. This section shall be implemented only to the extent that any necessary federal approvals are obtained and federal financial participation is available and is not otherwise jeopardized. (d) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the State Department of Health Care Services may implement, interpret, or make specific this section, in whole or in part, by means of information notices, provider bulletins, or other similar instructions, without further regulatory action. (e) For purposes of this section, “specified entity” has the same meaning as defined in Section 131400 of the Health and Safety Code. (Added by Stats. 2024, Ch. 999, Sec. 5. (AB 177) Effective September 30, 2024.)
  69. 5965.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 7. Behavioral Health Services and Supports [5960 - 5967.01] ( Part 7 added by Stats. 2021, Ch. 143, Sec. 355. ) ## CHAPTER 4. Behavioral Health Infrastructure Bond Act of 2024 [5965 - 5967.01] ( Chapter 4 added by Stats. 2023, Ch. 789, Sec. 4. )

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    This chapter may be cited as the Behavioral Health Infrastructure Bond Act of 2024.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 7. Behavioral Health Services and Supports [5960 - 5967.01] ( Part 7 added by Stats. 2021, Ch. 143, Sec. 355. ) ## CHAPTER 4. Behavioral Health Infrastructure Bond Act of 2024 [5965 - 5967.01] ( Chapter 4 added by Stats. 2023, Ch. 789, Sec. 4. ) ## 5965. This chapter shall be known, and may be cited, as the Behavioral Health Infrastructure Bond Act of 2024. (Added by Stats. 2023, Ch. 789, Sec. 4. (AB 531) Effective March 6, 2024.)
  70. 5965.01.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 7. Behavioral Health Services and Supports [5960 - 5967.01] ( Part 7 added by Stats. 2021, Ch. 143, Sec. 355. ) ## CHAPTER 4. Behavioral Health Infrastructure Bond Act of 2024 [5965 - 5967.01] ( Chapter 4 added by Stats. 2023, Ch. 789, Sec. 4. )

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    This section states the purposes of the act: bond funding is intended to support treatment, residential care, supportive housing, veterans with behavioral health challenges, and faster project approvals and facility development.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 7. Behavioral Health Services and Supports [5960 - 5967.01] ( Part 7 added by Stats. 2021, Ch. 143, Sec. 355. ) ## CHAPTER 4. Behavioral Health Infrastructure Bond Act of 2024 [5965 - 5967.01] ( Chapter 4 added by Stats. 2023, Ch. 789, Sec. 4. ) ## 5965.01. The purposes and intent in enacting this act are as follows: (a) Bonds issued under this act are to develop an array of treatment, residential care settings, and supportive housing to help provide appropriate care facilities for Californians experiencing mental health conditions and substance use disorders. (b) The bond will dedicate funding for veterans with a behavioral health challenge or substance use disorder and at risk of experiencing homelessness. (c) Efforts to streamline the process for approving projects and renovating or building new facilities to accelerate the delivery of care in residential settings made available through additional Behavioral Health Services Act and bond financing is a priority. (Added by Stats. 2023, Ch. 789, Sec. 4. (AB 531) Effective March 6, 2024.)
  71. 5965.02.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 7. Behavioral Health Services and Supports [5960 - 5967.01] ( Part 7 added by Stats. 2021, Ch. 143, Sec. 355. ) ## CHAPTER 4. Behavioral Health Infrastructure Bond Act of 2024 [5965 - 5967.01] ( Chapter 4 added by Stats. 2023, Ch. 789, Sec. 4. )

    Verify source ↗

    This section defines key terms used in the chapter, including the Act, Board, Committee, Fund, target population, and veteran.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 7. Behavioral Health Services and Supports [5960 - 5967.01] ( Part 7 added by Stats. 2021, Ch. 143, Sec. 355. ) ## CHAPTER 4. Behavioral Health Infrastructure Bond Act of 2024 [5965 - 5967.01] ( Chapter 4 added by Stats. 2023, Ch. 789, Sec. 4. ) ## 5965.02. As used in this chapter, the following terms have the following meanings: (a) “Act” means the Behavioral Health Infrastructure Bond Act of 2024 (Chapter 4 (commencing with Section 5965)). (b) “Behavioral health challenge” includes, but is not limited to, serious mental illness, as described in subdivision (c) or (d) of Section 14184.402, or a substance use disorder, as described in Section 5891.5. (c) “Board” means, with respect to the bond proceeds referenced in paragraphs (3) and (4) of subdivision (b) of Section 5965.04, and with respect to and for requests up to the amount specified for bond proceeds referenced in paragraphs (3) and (4) of subdivision (b) of Section 5965.04, for purposes of Section 5965.12 of this code and Section 16726 of the Government Code, the State Department of Health Care Services, and with respect to bond proceeds referenced in paragraphs (1) and (2) of subdivision (b) of Section 5965.04, and, with respect to and for requests up to the amount specified for bond proceeds referenced in paragraphs (1) and (2) of subdivision (b) of Section 5965.04, for purposes of Section 5965.12 of this code and Section 16726 of the Government Code, the Department of Housing and Community Development. (d) “Committee” means the Behavioral Health Infrastructure Bond Act Finance Committee created pursuant to Section 5965.07. (e) “Fund” means the Behavioral Health Infrastructure Fund created pursuant to Section 5965.03. (f) “State General Obligation Bond Law” means the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code), as it may be amended. (g) “Target population” means a person described in subdivision (c) or (d) of Section 14184.402, or a person with a substance use disorder, as described in Section 5891.5, except that enrollment in Medi-Cal or in any other health plan shall not be a condition for accessing housing or continuing to be housed. (h) “Veteran” means a person who served in the active military, naval, or air service, and who was discharged or released under conditions other than dishonorable. (Added by Stats. 2023, Ch. 789, Sec. 4. (AB 531) Effective March 6, 2024.)
  72. 5965.03.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 7. Behavioral Health Services and Supports [5960 - 5967.01] ( Part 7 added by Stats. 2021, Ch. 143, Sec. 355. ) ## CHAPTER 4. Behavioral Health Infrastructure Bond Act of 2024 [5965 - 5967.01] ( Chapter 4 added by Stats. 2023, Ch. 789, Sec. 4. )

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    Proceeds from certain bonds and interim debt must be deposited into the Behavioral Health Infrastructure Fund, and the fund’s money is continuously appropriated for this chapter’s 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 7. Behavioral Health Services and Supports [5960 - 5967.01] ( Part 7 added by Stats. 2021, Ch. 143, Sec. 355. ) ## CHAPTER 4. Behavioral Health Infrastructure Bond Act of 2024 [5965 - 5967.01] ( Chapter 4 added by Stats. 2023, Ch. 789, Sec. 4. ) ## 5965.03. (a) The proceeds of interim debt and bonds, excluding proceeds used directly to repay interim debt and excluding bonds issued in accordance with Section 5965.14, issued and sold pursuant to this chapter shall be deposited in the Behavioral Health Infrastructure Fund, which is hereby created in the State Treasury. (b) All moneys in the fund, notwithstanding Section 13340 of the Government Code, are hereby continuously appropriated without respect to fiscal years for the purposes of this chapter. (c) Bonds shall be issued and delivered in the amount determined by the committee to be necessary or desirable pursuant to Section 5965.08. (Added by Stats. 2023, Ch. 789, Sec. 4. (AB 531) Effective March 6, 2024.)
  73. 5965.04.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 7. Behavioral Health Services and Supports [5960 - 5967.01] ( Part 7 added by Stats. 2021, Ch. 143, Sec. 355. ) ## CHAPTER 4. Behavioral Health Infrastructure Bond Act of 2024 [5965 - 5967.01] ( Chapter 4 added by Stats. 2023, Ch. 789, Sec. 4. )

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    Money in the fund must be used and allocated only for the purposes listed in this section, including housing, behavioral health, and bond-related 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 7. Behavioral Health Services and Supports [5960 - 5967.01] ( Part 7 added by Stats. 2021, Ch. 143, Sec. 355. ) ## CHAPTER 4. Behavioral Health Infrastructure Bond Act of 2024 [5965 - 5967.01] ( Chapter 4 added by Stats. 2023, Ch. 789, Sec. 4. ) ## 5965.04. (a) Moneys in the fund shall be used for any of the following purposes: (1) Making loans or grants administered by the Department of Housing and Community Development to eligible entities specified under Section 50675.1.3 of the Health and Safety Code or loans to development sponsors as defined under Section 50675.2 of the Health and Safety Code to acquire capital assets for the conversion, rehabilitation, or new construction of permanent supportive housing, including scattered site projects, for veterans or their households, who are homeless, chronically homeless, or are at risk of homelessness, as defined by Part 578.3 of Title 24 of the Code of Federal Regulations, and meet the criteria of the target population. (2) Making loans or grants administered by the Department of Housing and Community Development to eligible entities specified under Section 50675.1.3 of the Health and Safety Code or loans to development sponsors as defined under Section 50675.2 of the Health and Safety Code to acquire capital assets for the conversion, rehabilitation, or new construction of permanent supportive housing, including scattered site projects for persons who are homeless, chronically homeless, or are at risk of homelessness, as defined by Part 578.3 of Title 24 of the Code of Federal Regulations, and are living with a behavioral health challenge. (3) Making grants administered by the State Department of Health Care Services, as specified under the Behavioral Health Continuum Infrastructure Program to eligible entities specified pursuant to Chapter 1 (commencing with Section 5960) to construct, acquire, and rehabilitate real estate assets or to invest in needed infrastructure to expand the continuum of behavioral health treatment resources to build new capacity or expand existing capacity for short-term crisis stabilization, acute and subacute care, crisis residential, community-based mental health residential, substance use disorder residential, peer respite, community and outpatient behavioral health services, and other clinically enriched longer term treatment and rehabilitation options for persons with behavioral health disorders in the least restrictive and least costly setting. (4) (A) Paying the costs of issuing bonds, paying the annual administration costs of the bonds, and paying interest on bonds. (B) In addition, moneys in the fund or other proceeds of the sale of bonds authorized by this chapter may be used to pay principal of, or redemption premium on, interim debt issued prior to the issuance of bonds authorized by this chapter. (b) Moneys in the fund shall be allocated as follows: (1) One billion sixty-five million dollars ($1,065,000,000) of the proceeds of the bonds, after allocation of bond proceeds to the purposes described in paragraph (4) of subdivision (a), shall be used for the loans or grants, loan or grant implementation, and loan or grant oversight described in paragraph (1) of subdivision (a) and administrative costs. Administrative costs shall not exceed 3 percent of all bond proceeds allocated for purposes of paragraph (1) of subdivision (a), as described in this paragraph. (2) Nine hundred twenty-two million dollars ($922,000,000) of the proceeds of the bonds, after allocation of bond proceeds to the purposes described in paragraph (4) of subdivision (a), shall be used for the loans or grants, loan or grant implementation, and loan or grant oversight, as described in paragraph (2) of subdivision (a), and administrative costs. Administrative costs shall not exceed 3 percent of all bond proceeds allocated for purposes of paragraph (2) of subdivision (a), as described in this paragraph. (3) One billion five hundred million dollars ($1,500,000,000) of the proceeds of the bonds shall be awarded to cities, counties, city and counties, and tribal entities, after allocation of bond proceeds to the purposes described in paragraph (4) of subdivision (a) for grants, grant implementation, and grant oversight, as described in paragraph (3) of subdivision (a), and administrative costs. Of this amount, thirty million dollars ($30,000,000) shall be designated to tribal entities. (4) Up to two billion eight hundred ninety-three million dollars ($2,893,000,000) of the proceeds of the bonds, after allocation of bond proceeds to the purposes of paragraph (4) of subdivision (a), shall be used for grants, grant implementation, and grant oversight, as described in paragraph (3) of subdivision (a), and administrative costs. (Amended by Stats. 2024, Ch. 48, Sec. 20. (AB 166) Effective July 2, 2024.)
  74. 5965.05.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 7. Behavioral Health Services and Supports [5960 - 5967.01] ( Part 7 added by Stats. 2021, Ch. 143, Sec. 355. ) ## CHAPTER 4. Behavioral Health Infrastructure Bond Act of 2024 [5965 - 5967.01] ( Chapter 4 added by Stats. 2023, Ch. 789, Sec. 4. )

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    This section allows up to $6.38 billion in bonds to be issued and sold for the chapter’s purposes, and requires the Treasurer and committee to follow specified resolution 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 7. Behavioral Health Services and Supports [5960 - 5967.01] ( Part 7 added by Stats. 2021, Ch. 143, Sec. 355. ) ## CHAPTER 4. Behavioral Health Infrastructure Bond Act of 2024 [5965 - 5967.01] ( Chapter 4 added by Stats. 2023, Ch. 789, Sec. 4. ) ## 5965.05. (a) (1) Bonds in the total amount of six billion three hundred eighty million dollars ($6,380,000,000) not including the amount of refunding bonds issued in accordance with Section 5965.14, may be issued and sold for the purposes expressed in this chapter and to reimburse the General Obligation Bond Expense Revolving Fund pursuant to Section 16724.5 of the Government Code. (2) The bonds, when sold, issued, and delivered, shall be and constitute a valid and binding obligation of the State of California, and the full faith and credit of the State of California is hereby pledged for the punctual payment of both the principal of, and interest on, the bonds as the principal and interest become due and payable. (b) (1) The Treasurer shall issue and sell the bonds authorized in subdivision (a) in the amount determined by the committee to be necessary or desirable pursuant to Section 5965.08. The bonds shall be issued and sold upon the terms and conditions specified in a resolution to be adopted by the committee pursuant to Section 16731 of the Government Code. (2) The bonds shall be issued and sold upon the terms and conditions specified in a resolution to be adopted by the committee pursuant to Section 5965.08. (Added by Stats. 2023, Ch. 789, Sec. 4. (AB 531) Effective March 6, 2024.)
  75. 5965.06.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 7. Behavioral Health Services and Supports [5960 - 5967.01] ( Part 7 added by Stats. 2021, Ch. 143, Sec. 355. ) ## CHAPTER 4. Behavioral Health Infrastructure Bond Act of 2024 [5965 - 5967.01] ( Chapter 4 added by Stats. 2023, Ch. 789, Sec. 4. )

    Verify source ↗

    Bonds authorized by this chapter must be prepared, issued, sold, paid, and redeemed under the State General Obligation Bond Law, except that Government Code Section 16727(a) and (b) do not 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 7. Behavioral Health Services and Supports [5960 - 5967.01] ( Part 7 added by Stats. 2021, Ch. 143, Sec. 355. ) ## CHAPTER 4. Behavioral Health Infrastructure Bond Act of 2024 [5965 - 5967.01] ( Chapter 4 added by Stats. 2023, Ch. 789, Sec. 4. ) ## 5965.06. The bonds authorized by this chapter shall be prepared, executed, issued, sold, paid, and redeemed as provided in the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code), as amended, from time to time, and all of the provisions of that law, as amended, apply to the bonds and to this chapter and are hereby incorporated in this chapter as though set forth in full in this chapter, except that subdivisions (a) and (b) of Section 16727 of the Government Code shall not apply. (Added by Stats. 2023, Ch. 789, Sec. 4. (AB 531) Effective March 6, 2024.)
  76. 5965.07.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 7. Behavioral Health Services and Supports [5960 - 5967.01] ( Part 7 added by Stats. 2021, Ch. 143, Sec. 355. ) ## CHAPTER 4. Behavioral Health Infrastructure Bond Act of 2024 [5965 - 5967.01] ( Chapter 4 added by Stats. 2023, Ch. 789, Sec. 4. )

    Verify source ↗

    This section creates the Behavioral Health Infrastructure Bond Act Finance Committee and sets who serves on it and how it can 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 7. Behavioral Health Services and Supports [5960 - 5967.01] ( Part 7 added by Stats. 2021, Ch. 143, Sec. 355. ) ## CHAPTER 4. Behavioral Health Infrastructure Bond Act of 2024 [5965 - 5967.01] ( Chapter 4 added by Stats. 2023, Ch. 789, Sec. 4. ) ## 5965.07. (a) Solely for the purpose of authorizing the issuance and sale, pursuant to the State General Obligation Bond Law, of the bonds authorized by this chapter, the Behavioral Health Infrastructure Bond Act Finance Committee is hereby created. (b) (1) The committee consists of the Controller, the Treasurer, and the Director of Finance. (2) Notwithstanding any other law, a member may designate a representative to act as that member in the member’s place, for all purposes, as though the member were personally present. (c) (1) The Treasurer shall serve as chairperson of the committee. (2) A majority of the committee may act for the committee. (Added by Stats. 2023, Ch. 789, Sec. 4. (AB 531) Effective March 6, 2024.)
  77. 5965.08.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 7. Behavioral Health Services and Supports [5960 - 5967.01] ( Part 7 added by Stats. 2021, Ch. 143, Sec. 355. ) ## CHAPTER 4. Behavioral Health Infrastructure Bond Act of 2024 [5965 - 5967.01] ( Chapter 4 added by Stats. 2023, Ch. 789, Sec. 4. )

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    The committee must decide by resolution whether to issue and sell bonds under this chapter, and if so, how many. It may also authorize and sell bonds in successive issues instead of all at once.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 7. Behavioral Health Services and Supports [5960 - 5967.01] ( Part 7 added by Stats. 2021, Ch. 143, Sec. 355. ) ## CHAPTER 4. Behavioral Health Infrastructure Bond Act of 2024 [5965 - 5967.01] ( Chapter 4 added by Stats. 2023, Ch. 789, Sec. 4. ) ## 5965.08. (a) The committee shall determine, by resolution, whether it is necessary or desirable to issue and sell bonds authorized pursuant to this chapter to carry out the actions specified in this chapter and, if so, the amount of bonds to be issued and sold. (b) Successive issues of bonds may be authorized and sold to carry out those actions progressively, and it is not necessary that all of the bonds authorized to be issued be sold at any one time. (Added by Stats. 2023, Ch. 789, Sec. 4. (AB 531) Effective March 6, 2024.)
  78. 5965.09.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 7. Behavioral Health Services and Supports [5960 - 5967.01] ( Part 7 added by Stats. 2021, Ch. 143, Sec. 355. ) ## CHAPTER 4. Behavioral Health Infrastructure Bond Act of 2024 [5965 - 5967.01] ( Chapter 4 added by Stats. 2023, Ch. 789, Sec. 4. )

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    State revenue must be collected each year to pay bond principal and interest, and revenue-collection officers must do whatever is necessary to collect 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 7. Behavioral Health Services and Supports [5960 - 5967.01] ( Part 7 added by Stats. 2021, Ch. 143, Sec. 355. ) ## CHAPTER 4. Behavioral Health Infrastructure Bond Act of 2024 [5965 - 5967.01] ( Chapter 4 added by Stats. 2023, Ch. 789, Sec. 4. ) ## 5965.09. (a) There shall be collected each year, and in the same manner and at the same time as other state revenue is collected, in addition to the ordinary revenues of the state, a sum in an amount required to pay the principal of, and interest on, the bonds becoming due each year. (b) It is the duty of all officers charged by law with a duty in regard to the collection of the revenue to do and perform each and every act that is necessary to collect that additional sum. (Added by Stats. 2023, Ch. 789, Sec. 4. (AB 531) Effective March 6, 2024.)
  79. 5965.10.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 7. Behavioral Health Services and Supports [5960 - 5967.01] ( Part 7 added by Stats. 2021, Ch. 143, Sec. 355. ) ## CHAPTER 4. Behavioral Health Infrastructure Bond Act of 2024 [5965 - 5967.01] ( Chapter 4 added by Stats. 2023, Ch. 789, Sec. 4. )

    Verify source ↗

    Money from the General Fund is continuously appropriated for this chapter’s purposes, including paying bond principal and interest and carrying out Section 5965.11.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 7. Behavioral Health Services and Supports [5960 - 5967.01] ( Part 7 added by Stats. 2021, Ch. 143, Sec. 355. ) ## CHAPTER 4. Behavioral Health Infrastructure Bond Act of 2024 [5965 - 5967.01] ( Chapter 4 added by Stats. 2023, Ch. 789, Sec. 4. ) ## 5965.10. Notwithstanding Section 13340 of the Government Code, there is hereby continuously appropriated from the General Fund in the State Treasury, for the purposes of this chapter and without regard to fiscal years, an amount that equals the total of the following: (a) The sum annually necessary to pay the principal of, and interest on, bonds issued and sold pursuant to this chapter, as the principal and interest become due and payable. (b) The sum necessary to carry out Section 5965.11. (Added by Stats. 2023, Ch. 789, Sec. 4. (AB 531) Effective March 6, 2024.)
  80. 5965.11.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 7. Behavioral Health Services and Supports [5960 - 5967.01] ( Part 7 added by Stats. 2021, Ch. 143, Sec. 355. ) ## CHAPTER 4. Behavioral Health Infrastructure Bond Act of 2024 [5965 - 5967.01] ( Chapter 4 added by Stats. 2023, Ch. 789, Sec. 4. )

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    The Director of Finance may authorize withdrawals from the General Fund for this chapter, within stated limits, and withdrawn money must be deposited in the fund and later repaid with interest from bond-sale proceeds.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 7. Behavioral Health Services and Supports [5960 - 5967.01] ( Part 7 added by Stats. 2021, Ch. 143, Sec. 355. ) ## CHAPTER 4. Behavioral Health Infrastructure Bond Act of 2024 [5965 - 5967.01] ( Chapter 4 added by Stats. 2023, Ch. 789, Sec. 4. ) ## 5965.11. (a) For the purpose of carrying out this chapter, the Director of Finance may authorize the withdrawal from the General Fund of an amount or amounts not to exceed the amount of the unsold bonds that have been authorized by the committee to be sold for the purpose of carrying out this chapter, excluding refunding bonds authorized pursuant to Section 5965.14 less any amount loaned pursuant to Section 5965.12 and not yet repaid, and any amount withdrawn from the General Fund pursuant to this section and not yet returned to the General Fund. (b) Any amounts withdrawn shall be deposited in the fund. (c) Any moneys made available under this section shall be returned to the General Fund, with interest at the rate earned by the moneys in the Pooled Money Investment Account, from proceeds received from the sale of bonds for the purpose of carrying out this chapter. (Added by Stats. 2023, Ch. 789, Sec. 4. (AB 531) Effective March 6, 2024.)
  81. 5965.12.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 7. Behavioral Health Services and Supports [5960 - 5967.01] ( Part 7 added by Stats. 2021, Ch. 143, Sec. 355. ) ## CHAPTER 4. Behavioral Health Infrastructure Bond Act of 2024 [5965 - 5967.01] ( Chapter 4 added by Stats. 2023, Ch. 789, Sec. 4. )

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    The board may request a loan from the Pooled Money Investment Account, but the request amount is capped, the board must sign required documents, and any loaned money must be deposited into the fund for allocation 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 7. Behavioral Health Services and Supports [5960 - 5967.01] ( Part 7 added by Stats. 2021, Ch. 143, Sec. 355. ) ## CHAPTER 4. Behavioral Health Infrastructure Bond Act of 2024 [5965 - 5967.01] ( Chapter 4 added by Stats. 2023, Ch. 789, Sec. 4. ) ## 5965.12. (a) The board may request the Pooled Money Investment Board to make a loan from the Pooled Money Investment Account, in accordance with Section 16312 of the Government Code, for the purpose of carrying out this chapter. (b) The amount of the request shall not exceed the amount of the unsold bonds that the committee has, by resolution, authorized to be sold for the purpose of carrying out this chapter, excluding refunding bonds authorized pursuant to Section 5965.14, less any amount loaned pursuant to this section and not yet repaid and withdrawn from the General Fund pursuant to Section 5965.11 and not yet returned to the General Fund. (c) The board shall execute documents required by the Pooled Money Investment Board to obtain and repay the loan. (d) Any amounts loaned shall be deposited in the fund to be allocated by the board in accordance with this chapter. (Added by Stats. 2023, Ch. 789, Sec. 4. (AB 531) Effective March 6, 2024.)
  82. 5965.13.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 7. Behavioral Health Services and Supports [5960 - 5967.01] ( Part 7 added by Stats. 2021, Ch. 143, Sec. 355. ) ## CHAPTER 4. Behavioral Health Infrastructure Bond Act of 2024 [5965 - 5967.01] ( Chapter 4 added by Stats. 2023, Ch. 789, Sec. 4. )

    Verify source ↗

    Money in the fund from bond premium and accrued interest must be kept in the fund and made available for transfer to the General Fund for bond interest costs, with a premium-derived exception for bond issuance 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 7. Behavioral Health Services and Supports [5960 - 5967.01] ( Part 7 added by Stats. 2021, Ch. 143, Sec. 355. ) ## CHAPTER 4. Behavioral Health Infrastructure Bond Act of 2024 [5965 - 5967.01] ( Chapter 4 added by Stats. 2023, Ch. 789, Sec. 4. ) ## 5965.13. All moneys deposited in the fund that are derived from premium and accrued interest on bonds sold pursuant to this chapter shall be reserved in the fund and shall be available for transfer to the General Fund as a credit to expenditures for bond interest, except that amounts derived from premium may be reserved and used to pay costs of bond issuance before any transfer to the General Fund. (Added by Stats. 2023, Ch. 789, Sec. 4. (AB 531) Effective March 6, 2024.)
  83. 5965.14.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 7. Behavioral Health Services and Supports [5960 - 5967.01] ( Part 7 added by Stats. 2021, Ch. 143, Sec. 355. ) ## CHAPTER 4. Behavioral Health Infrastructure Bond Act of 2024 [5965 - 5967.01] ( Chapter 4 added by Stats. 2023, Ch. 789, Sec. 4. )

    Verify source ↗

    This section allows bonds issued under the chapter to be refunded, and allows refunded bonds to be legally defeased as permitted by law.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 7. Behavioral Health Services and Supports [5960 - 5967.01] ( Part 7 added by Stats. 2021, Ch. 143, Sec. 355. ) ## CHAPTER 4. Behavioral Health Infrastructure Bond Act of 2024 [5965 - 5967.01] ( Chapter 4 added by Stats. 2023, Ch. 789, Sec. 4. ) ## 5965.14. (a) The bonds issued and sold pursuant to this chapter may be refunded in accordance with Article 6 (commencing with Section 16780) of Chapter 4 of Part 3 of Division 4 of Title 2 of the Government Code, which is a part of the State General Obligation Bond Law. (b) Approval by the voters of the state for the issuance of the bonds described in this chapter includes the approval of the issuance of bonds issued to refund bonds originally issued under this chapter or any previously issued refunding bonds. (c) A bond refunded with the proceeds of refunding bonds, as authorized by this section, may be legally defeased to the extent permitted by law in the manner and to the extent set forth in the resolution, as amended, authorizing that refunded bond. (Added by Stats. 2023, Ch. 789, Sec. 4. (AB 531) Effective March 6, 2024.)
  84. 5965.15.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 7. Behavioral Health Services and Supports [5960 - 5967.01] ( Part 7 added by Stats. 2021, Ch. 143, Sec. 355. ) ## CHAPTER 4. Behavioral Health Infrastructure Bond Act of 2024 [5965 - 5967.01] ( Chapter 4 added by Stats. 2023, Ch. 789, Sec. 4. )

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    The Treasurer may keep separate accounts for certain bond proceeds and may use those funds to carry out federal-law actions needed to preserve tax benefits.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 7. Behavioral Health Services and Supports [5960 - 5967.01] ( Part 7 added by Stats. 2021, Ch. 143, Sec. 355. ) ## CHAPTER 4. Behavioral Health Infrastructure Bond Act of 2024 [5965 - 5967.01] ( Chapter 4 added by Stats. 2023, Ch. 789, Sec. 4. ) ## 5965.15. (a) Notwithstanding any provision of this chapter or the State General Obligation Bond Law, if the Treasurer sells bonds pursuant to this chapter that include a bond counsel opinion to the effect that the interest on the bonds is excluded from gross income for federal tax purposes, under designated conditions, or is otherwise entitled to a federal tax advantage, the Treasurer may maintain separate accounts for the investment of bond proceeds and the investment earnings on those proceeds. (b) The Treasurer may use or direct the use of those proceeds or earnings to pay a rebate, penalty, or other payment required under federal law or to take any other action with respect to the investment and use of those bond proceeds, required or desirable under federal law, to maintain the tax-exempt status of those bonds and to obtain any other advantage under federal law on behalf of the funds of this state. (Added by Stats. 2023, Ch. 789, Sec. 4. (AB 531) Effective March 6, 2024.)
  85. 5965.16.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 7. Behavioral Health Services and Supports [5960 - 5967.01] ( Part 7 added by Stats. 2021, Ch. 143, Sec. 355. ) ## CHAPTER 4. Behavioral Health Infrastructure Bond Act of 2024 [5965 - 5967.01] ( Chapter 4 added by Stats. 2023, Ch. 789, Sec. 4. )

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    Bond-sale proceeds under this chapter are not treated as “proceeds of taxes,” and their disbursement is not subject to Article XIII B limits.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 7. Behavioral Health Services and Supports [5960 - 5967.01] ( Part 7 added by Stats. 2021, Ch. 143, Sec. 355. ) ## CHAPTER 4. Behavioral Health Infrastructure Bond Act of 2024 [5965 - 5967.01] ( Chapter 4 added by Stats. 2023, Ch. 789, Sec. 4. ) ## 5965.16. The proceeds from the sale of bonds authorized by this chapter are not “proceeds of taxes” as that term is used in Article XIII B of the California Constitution, and the disbursement of these proceeds is not subject to the limitations imposed by that article. (Added by Stats. 2023, Ch. 789, Sec. 4. (AB 531) Effective March 6, 2024.)
  86. 5966.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 7. Behavioral Health Services and Supports [5960 - 5967.01] ( Part 7 added by Stats. 2021, Ch. 143, Sec. 355. ) ## CHAPTER 4. Behavioral Health Infrastructure Bond Act of 2024 [5965 - 5967.01] ( Chapter 4 added by Stats. 2023, Ch. 789, Sec. 4. )

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    The Department of Housing and Community Development must decide how certain funds are allocated and used, and it must do so with the Department of Veterans Affairs for one set of 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 7. Behavioral Health Services and Supports [5960 - 5967.01] ( Part 7 added by Stats. 2021, Ch. 143, Sec. 355. ) ## CHAPTER 4. Behavioral Health Infrastructure Bond Act of 2024 [5965 - 5967.01] ( Chapter 4 added by Stats. 2023, Ch. 789, Sec. 4. ) ## 5966. (a) (1) The Department of Housing and Community Development, in coordination with the Department of Veterans Affairs, shall determine the methodology and distribution of the funds provided pursuant to paragraph (1) of subdivision (b) of Section 5965.04, used for the purposes provided in paragraph (1) of subdivision (a) of Section 5965.04. (2) The Department of Housing and Community Development and the Department of Veterans Affairs shall work in coordination pursuant to a memorandum of understanding. (b) The Department of Housing and Community Development shall determine the methodology and distribution of the funds provided pursuant to paragraph (2) of subdivision (b) of Section 5965.04, used for the purposes provided in paragraph (2) of subdivision (a) of Section 5965.04. (Added by Stats. 2023, Ch. 789, Sec. 4. (AB 531) Effective March 6, 2024.)
  87. 5966.02.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 7. Behavioral Health Services and Supports [5960 - 5967.01] ( Part 7 added by Stats. 2021, Ch. 143, Sec. 355. ) ## CHAPTER 4. Behavioral Health Infrastructure Bond Act of 2024 [5965 - 5967.01] ( Chapter 4 added by Stats. 2023, Ch. 789, Sec. 4. )

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    Certain allocated funds must be disbursed under specified housing program rules, the Department of Housing and Community Development must issue implementation guidance by July 1, 2025, and it must consult with the Department of Veterans Affairs when developing the fund methodology and distribution.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 7. Behavioral Health Services and Supports [5960 - 5967.01] ( Part 7 added by Stats. 2021, Ch. 143, Sec. 355. ) ## CHAPTER 4. Behavioral Health Infrastructure Bond Act of 2024 [5965 - 5967.01] ( Chapter 4 added by Stats. 2023, Ch. 789, Sec. 4. ) ## 5966.02. (a) (1) Notwithstanding any other law, funds allocated for the purposes specified in paragraphs (1) and (2) of subdivision (a) of Section 5965.04 shall be disbursed in accordance with subdivisions (a) to (h), inclusive, of Section 50675.1.3 of the Health and Safety Code and any associated guidelines changes to that program, as provided in the Multifamily Housing Program in Chapter 6.7 (commencing with Section 50675) of Part 2 of Division 31 of the Health and Safety Code, and this chapter, consistent with applicable law and guidance. (2) The Department of Housing and Community Development shall issue guidance regarding implementation by July 1, 2025. (b) In developing the methodology and distribution of funds referenced in subdivision (a) of Section 5966, the Department of Housing and Community Development shall consult with the Department of Veterans Affairs regarding supportive services plan standards and other program areas where the Department of Veterans Affairs holds expertise for the purposes specified in paragraph (1) of subdivision (a) of Section 5965.04. (Added by Stats. 2023, Ch. 789, Sec. 4. (AB 531) Effective March 6, 2024.)
  88. 5967.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 7. Behavioral Health Services and Supports [5960 - 5967.01] ( Part 7 added by Stats. 2021, Ch. 143, Sec. 355. ) ## CHAPTER 4. Behavioral Health Infrastructure Bond Act of 2024 [5965 - 5967.01] ( Chapter 4 added by Stats. 2023, Ch. 789, Sec. 4. )

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    The Department of Health Care Services must decide how certain funds are allocated and what methodology is used.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 7. Behavioral Health Services and Supports [5960 - 5967.01] ( Part 7 added by Stats. 2021, Ch. 143, Sec. 355. ) ## CHAPTER 4. Behavioral Health Infrastructure Bond Act of 2024 [5965 - 5967.01] ( Chapter 4 added by Stats. 2023, Ch. 789, Sec. 4. ) ## 5967. The Department of Health Care Services shall determine the methodology and distribution of the funds provided pursuant to paragraphs (3) and (4) of subdivision (b) of Section 5965.04, used for the purposes provided in paragraphs (3) and (4) of subdivision (a) of Section 5965.04. (Added by Stats. 2023, Ch. 789, Sec. 4. (AB 531) Effective March 6, 2024.)
  89. 5967.01.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 7. Behavioral Health Services and Supports [5960 - 5967.01] ( Part 7 added by Stats. 2021, Ch. 143, Sec. 355. ) ## CHAPTER 4. Behavioral Health Infrastructure Bond Act of 2024 [5965 - 5967.01] ( Chapter 4 added by Stats. 2023, Ch. 789, Sec. 4. )

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    The Department of Health Care Services must issue guidance on implementing this article by July 1, 2025.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 7. Behavioral Health Services and Supports [5960 - 5967.01] ( Part 7 added by Stats. 2021, Ch. 143, Sec. 355. ) ## CHAPTER 4. Behavioral Health Infrastructure Bond Act of 2024 [5965 - 5967.01] ( Chapter 4 added by Stats. 2023, Ch. 789, Sec. 4. ) ## 5967.01. (a) Notwithstanding any other law, funds allocated for the purposes specified in paragraph (3) of subdivision (a) of Section 5965.04 shall be disbursed in accordance with the Behavioral Health Continuum Infrastructure Program (commencing with Section 5960), and this chapter, consistent with applicable law and guidance. (b) The Department of Health Care Services shall issue guidance regarding the implementation of this article by July 1, 2025. (Added by Stats. 2023, Ch. 789, Sec. 4. (AB 531) Effective March 6, 2024.)
  90. 5970.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 8. The Community Assistance, Recovery, and Empowerment Act [5970 - 5987] ( Part 8 added by Stats. 2022, Ch. 319, Sec. 7. ) ## CHAPTER 1. General Provisions [5970 - 5971] ( Chapter 1 added by Stats. 2022, Ch. 319, Sec. 7. )

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    This part is known as the Community Assistance, Recovery, and Empowerment (CARE) Act, and 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 8. The Community Assistance, Recovery, and Empowerment Act [5970 - 5987] ( Part 8 added by Stats. 2022, Ch. 319, Sec. 7. ) ## CHAPTER 1. General Provisions [5970 - 5971] ( Chapter 1 added by Stats. 2022, Ch. 319, Sec. 7. ) ## 5970. This part shall be known, and may be cited, as the Community Assistance, Recovery, and Empowerment (CARE) Act. (Amended by Stats. 2023, Ch. 283, Sec. 2. (SB 35) Effective September 30, 2023. Section conditionally operative as provided in Section 5970.5.)
  91. 5970.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 8. The Community Assistance, Recovery, and Empowerment Act [5970 - 5987] ( Part 8 added by Stats. 2022, Ch. 319, Sec. 7. ) ## CHAPTER 1. General Provisions [5970 - 5971] ( Chapter 1 added by Stats. 2022, Ch. 319, Sec. 7. )

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    This section sets rollout deadlines for county implementation of the CARE Act and gives the department authority to issue guidance and approve limited delays.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 8. The Community Assistance, Recovery, and Empowerment Act [5970 - 5987] ( Part 8 added by Stats. 2022, Ch. 319, Sec. 7. ) ## CHAPTER 1. General Provisions [5970 - 5971] ( Chapter 1 added by Stats. 2022, Ch. 319, Sec. 7. ) ## 5970.5. This part shall be implemented as follows, with technical assistance and continuous quality improvement, pursuant to Section 5983: (a) A first cohort of counties, which shall include the Counties of Glenn, Orange, Riverside, San Diego, Stanislaus, and Tuolumne, and the City and County of San Francisco, shall begin no later than October 1, 2023, unless the county is provided additional time pursuant to paragraph (2) of subdivision (c). (b) A second cohort of counties, representing the remaining population of the state, shall begin no later than December 1, 2024, unless the county is provided additional time pursuant to paragraph (2) of subdivision (c). (c) (1) The department shall issue guidelines under which counties can apply for, and be provided, additional time to implement this part. The guidelines shall not be subject to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). (2) The department shall approve implementation delay for the first or second cohort if the county experiences a state or local emergency and the delay of the provision of the CARE process is necessary as a result of the emergency. (3) The department shall only grant one extension per county and the final date for counties to implement under any circumstances shall be December 1, 2025. (d) This part shall become operative only upon the department, in consultation with county stakeholders, developing a CARE Act allocation to provide state financial assistance to counties to implement the care process in this act. (Amended by Stats. 2023, Ch. 283, Sec. 3. (SB 35) Effective September 30, 2023.)
  92. 5971.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 8. The Community Assistance, Recovery, and Empowerment Act [5970 - 5987] ( Part 8 added by Stats. 2022, Ch. 319, Sec. 7. ) ## CHAPTER 1. General Provisions [5970 - 5971] ( Chapter 1 added by Stats. 2022, Ch. 319, Sec. 7. )

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    This section defines key CARE Act terms and limits forcible medication and independent action by a supporter.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 8. The Community Assistance, Recovery, and Empowerment Act [5970 - 5987] ( Part 8 added by Stats. 2022, Ch. 319, Sec. 7. ) ## CHAPTER 1. General Provisions [5970 - 5971] ( Chapter 1 added by Stats. 2022, Ch. 319, Sec. 7. ) ## 5971. Unless the context otherwise requires, the following definitions shall govern the construction of this part. (a) “CARE agreement” means a voluntary settlement agreement entered into by the parties. A CARE agreement includes the same elements as a CARE plan to support the respondent in accessing community-based services and supports. (b) “CARE plan” means an individualized, appropriate range of community-based services and supports, as set forth in this part, which include clinically appropriate behavioral health care and stabilization medications, housing, and other supportive services, as appropriate, pursuant to Section 5982. (c) “CARE process” means the court and related proceedings to implement the CARE Act. (d) “Clinically stabilized in ongoing voluntary treatment” means both of the following: (1) The person’s condition is stable and not deteriorating. (2) The person is currently engaged in treatment and managing symptoms through medication or other therapeutic interventions. Enrollment in treatment alone shall not be considered clinically stabilized in ongoing voluntary treatment. (e) “Counsel” means the attorney representing the respondent, appointed pursuant to Section 5977, or chosen by the respondent, in CARE Act proceedings and matters related to CARE agreements and CARE plans. Representation of a respondent in these matters does not alter counsel’s obligations under the State Bar Act and the Rules of Professional Conduct, including subdivision (e) of Section 6068 of the Business and Professions Code and rule 1.6 of the Rules of Professional Conduct. (f) “County behavioral health agency” means the local director of mental health services described in Section 5607, the local behavioral health director, or both as applicable, or their designee. (g) “Court-ordered evaluation” means an evaluation ordered by a superior court pursuant to Section 5977.1. (h) “Department” means the State Department of Health Care Services. (i) “Graduation plan” means a voluntary agreement entered into by the parties at the end of the CARE program that includes a strategy to support a successful transition out of court jurisdiction and that may include a psychiatric advance directive. A graduation plan includes the same elements as a CARE plan to support the respondent in accessing community-based services and supports. The graduation plan shall not place additional requirements on the local government entities and is not enforceable by the court. (j) “Homeless outreach worker” means a person who engages people experiencing homelessness to assess for unmet needs, offer information, services, or other assistance, or provide care coordination. (k) “Indian health care provider” means a health care program operated by the Indian Health Service, an Indian tribe, a tribal organization, or urban Indian organization (I/T/U) as those terms are defined in Section 4 of the Indian Health Care Improvement Act (25 U.S.C. Sec. 1603). (l) “Legal proceeding” means any administrative, civil, or criminal proceeding, including, but not limited to, juvenile court proceedings and family court proceedings and services, and any form of alternative dispute resolution, including arbitration and mediation, except for the following: (1) A proceeding under this part. (2) A proceeding under the Lanterman-Petris-Short Act described in paragraph (2) or (3) of subdivision (a) of Section 5979. (3) A proceeding from which the respondent was referred to CARE Act proceedings as described in Section 5978. (4) A disciplinary proceeding under Chapter 4 (commencing with Section 6000) of Division 3 of the Business and Professions Code. (5) An appeal from any of the proceedings identified in paragraphs (1) to (4), inclusive. (m) “Licensed behavioral health professional” means either of the following: (1) A licensed mental health professional, as defined in subdivision (j) of Section 4096. (2) A person who has been granted a waiver of licensure requirements by the department pursuant to Section 5751.2. (n) “Parties” means the petitioner, the respondent, the county behavioral health agency in the county where proceedings under this part are pending, and any local governmental entity added by the court pursuant to paragraph (4) of subdivision (d) of Section 5977.1. (o) “Petitioner” means the person who files the CARE Act petition with the court. Additionally, if the petitioner is a person listed in Section 5974 other than the director of a county behavioral health agency, or their designee, the petitioner shall have the right to file a petition with the court, but at the initial hearing the court shall substitute the director of a county behavioral health agency, or their designee, of the county in which the proceedings are filed as petitioner. The original petitioner may, at the court’s discretion and in furtherance of the interests of the respondent, retain rights as described in subparagraph (A) of paragraph (6) of subdivision (b) of Section 5977. (p) “Psychiatric advance directive” means a legal document, executed on a voluntary basis in accordance with the requirements for advance health care directives in Division 4.7 (commencing with Section 4600) of the Probate Code, by a person who has the capacity to make medical decisions, that allows a person with mental illness to protect their autonomy and ability to direct their own care by documenting their preferences for treatment in advance of a mental health crisis. (q) “Respondent” means the person who is the subject of the petition for the CARE process. (r) “Stabilization medications” means medications included in the CARE plan that primarily consist of antipsychotic medications to reduce symptoms of hallucinations, delusions, and disorganized thinking. Stabilization medications may be administered as long-acting injections if clinically indicated. Stabilization medications shall not be forcibly administered. (s) “Supporter” means an adult designated by the respondent who assists the person who is the subject of the petition, which assistance may include supporting the person to understand, make, communicate, implement, or act on their own life decisions during the CARE process, including a CARE agreement, a CARE plan, and developing a graduation plan. A supporter shall not act independently. (Amended by Stats. 2025, Ch. 528, Sec. 2. (SB 27) Effective January 1, 2026. Section conditionally operative as provided in Section 5970.5.)
  93. 5972.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 8. The Community Assistance, Recovery, and Empowerment Act [5970 - 5987] ( Part 8 added by Stats. 2022, Ch. 319, Sec. 7. ) ## CHAPTER 2. Process [5972 - 5978.2] ( Chapter 2 added by Stats. 2022, Ch. 319, Sec. 7. )

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    A person qualifies for the CARE process only if all listed eligibility criteria are met.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 8. The Community Assistance, Recovery, and Empowerment Act [5970 - 5987] ( Part 8 added by Stats. 2022, Ch. 319, Sec. 7. ) ## CHAPTER 2. Process [5972 - 5978.2] ( Chapter 2 added by Stats. 2022, Ch. 319, Sec. 7. ) ## 5972. An individual shall qualify for the CARE process only if all of the following criteria are met: (a) The person is 18 years of age or older. (b) The person is currently experiencing a serious mental disorder, as defined in paragraph (2) of subdivision (b) of Section 5600.3 and has a diagnosis identified in the disorder class: schizophrenia spectrum and other psychotic disorders, or bipolar I disorder with psychotic features, except psychosis related to current intoxication, as defined in the most current version of the Diagnostic and Statistical Manual of Mental Disorders. This section does not establish respondent eligibility based upon a psychotic disorder that is due to a medical condition or is not primarily psychiatric in nature, including, but not limited to, physical health conditions such as traumatic brain injury, autism, dementia, or neurologic conditions. A person who has a current diagnosis of substance use disorder as defined in paragraph (2) of subdivision (a) of Section 1374.72 of the Health and Safety Code but who does not also meet the required criteria in this section shall not qualify for the CARE process. (c) The person is not clinically stabilized in ongoing voluntary treatment. (d) At least one of the following is true: (1) The person is unlikely to survive safely in the community without supervision and the person’s condition is substantially deteriorating. (2) The person is in need of services and supports in order to prevent a relapse or deterioration that would be likely to result in grave disability or serious harm to the person or others, as used in Section 5150. (e) Participation in a CARE plan or CARE agreement would be the least restrictive alternative necessary to ensure the person’s recovery and stability. (f) It is likely that the person will benefit from participation in a CARE plan or CARE agreement. (Amended by Stats. 2025, Ch. 528, Sec. 3. (SB 27) Effective January 1, 2026. Section conditionally operative as provided in Section 5970.5.)
  94. 5973.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 8. The Community Assistance, Recovery, and Empowerment Act [5970 - 5987] ( Part 8 added by Stats. 2022, Ch. 319, Sec. 7. ) ## CHAPTER 2. Process [5972 - 5978.2] ( Chapter 2 added by Stats. 2022, Ch. 319, Sec. 7. )

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    Proceedings under this part may start in the respondent’s county of residence, where the respondent is found, or where the respondent is facing criminal or civil proceedings.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 8. The Community Assistance, Recovery, and Empowerment Act [5970 - 5987] ( Part 8 added by Stats. 2022, Ch. 319, Sec. 7. ) ## CHAPTER 2. Process [5972 - 5978.2] ( Chapter 2 added by Stats. 2022, Ch. 319, Sec. 7. ) ## 5973. (a) Proceedings under this part may be commenced in any of the following: (1) The county in which the respondent resides. (2) The county where the respondent is found. (3) The county where the respondent is facing criminal or civil proceedings. (b) If the respondent does not reside in the county in which proceedings are initiated under this subdivision, as determined in accordance with Section 244 of the Government Code, except as provided in subdivision (f) of Section 5982, and this part is operative in the respondent’s county of residence, the proceeding shall, with the respondent’s consent, be transferred to the county of residence as soon as reasonably feasible. Should the respondent not consent to the transfer, the proceedings shall continue in the county where the respondent was found. (Amended by Stats. 2023, Ch. 283, Sec. 6. (SB 35) Effective September 30, 2023. Section conditionally operative as provided in Section 5970.5.)
  95. 5974.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 8. The Community Assistance, Recovery, and Empowerment Act [5970 - 5987] ( Part 8 added by Stats. 2022, Ch. 319, Sec. 7. ) ## CHAPTER 2. Process [5972 - 5978.2] ( Chapter 2 added by Stats. 2022, Ch. 319, Sec. 7. )

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    Certain listed adults may file a petition to start the CARE process.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 8. The Community Assistance, Recovery, and Empowerment Act [5970 - 5987] ( Part 8 added by Stats. 2022, Ch. 319, Sec. 7. ) ## CHAPTER 2. Process [5972 - 5978.2] ( Chapter 2 added by Stats. 2022, Ch. 319, Sec. 7. ) ## 5974. The following adult persons may file a petition to commence the CARE process: (a) A person with whom the respondent resides. (b) A spouse, parent, sibling, child, or grandparent or an individual who stands in loco parentis to the respondent. (c) The director of a hospital in which the respondent is hospitalized, including hospitalized pursuant to Section 5150 or 5250, or the director’s designee. (d) The director of a public or charitable organization, agency, or home, or their designee, who has, within the previous 30 days, provided or who is currently providing behavioral health services to the respondent or in whose institution the respondent resides. (e) A licensed behavioral health professional, or their designee, who is, or has been within the previous 30 days, either supervising the treatment of, or treating the respondent for a mental illness. (f) A first responder, including a peace officer, firefighter, paramedic, emergency medical technician, mobile crisis response worker, or homeless outreach worker, who has had repeated interactions with the respondent in the form of multiple arrests, multiple detentions and transportation pursuant to Section 5150, multiple attempts to engage the respondent in voluntary treatment, or other repeated efforts to aid the respondent in obtaining professional assistance. (g) The public guardian or public conservator, or their designee, of the county in which the respondent resides or is found. (h) The director of a county behavioral health agency, or their designee, of the county in which the respondent resides or is found. (i) The director of county adult protective services, or their designee, of the county in which the respondent resides or is found. (j) The director of a California Indian health services program, California tribal behavioral health department, who has, within the previous 30 days, provided or who is currently providing behavioral health services to the respondent, or the director’s designee. (k) The judge of a tribal court located in California before which the respondent has appeared within the previous 30 days, or the judge’s designee. (l) The respondent. (Amended by Stats. 2023, Ch. 283, Sec. 7. (SB 35) Effective September 30, 2023. Section conditionally operative as provided in Section 5970.5.)
  96. 5975.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 8. The Community Assistance, Recovery, and Empowerment Act [5970 - 5987] ( Part 8 added by Stats. 2022, Ch. 319, Sec. 7. ) ## CHAPTER 2. Process [5972 - 5978.2] ( Chapter 2 added by Stats. 2022, Ch. 319, Sec. 7. )

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    The Judicial Council must create a mandatory CARE process petition form, and anyone filing a petition must sign it under penalty of perjury and include specific required information and supporting evidence.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 8. The Community Assistance, Recovery, and Empowerment Act [5970 - 5987] ( Part 8 added by Stats. 2022, Ch. 319, Sec. 7. ) ## CHAPTER 2. Process [5972 - 5978.2] ( Chapter 2 added by Stats. 2022, Ch. 319, Sec. 7. ) ## 5975. The Judicial Council shall develop a mandatory form for use to file a CARE process petition with the court and any other forms necessary for the CARE process. The petition shall be signed under the penalty of perjury and contain all of the following: (a) The name of the respondent and, if known, the respondent’s address. (b) The petitioner’s relationship to the respondent. (c) Facts that support the petitioner’s assertion that the respondent meets the CARE criteria in Section 5972. (d) Either of the following: (1) An affidavit of a licensed behavioral health professional, including, for purposes of this section only, nurse practitioners as defined in Section 2835 of the Business and Professions Code and physician assistants as defined in subdivision (d) of Section 3501 of the Business and Professions Code, stating that the licensed behavioral health professional or their designee has examined the respondent within 60 days of the submission of the petition, or has made multiple attempts to examine, but has not been successful in eliciting the cooperation of the respondent to submit to an examination, within 60 days of the petition, and that the licensed behavioral health professional had determined that the respondent meets, or has reason to believe, explained with specificity in the affidavit, that the respondent meets the diagnostic criteria for CARE proceedings. (2) Evidence that the respondent was detained for a minimum of two intensive treatments pursuant to Article 4 (commencing with Section 5250) of Chapter 2 of Part 1, the most recent one within the previous 60 days. Evidence may include, but is not limited to, documentary evidence from the facility where the respondent was detained, or a signed declaration from the petitioner if the petitioner had personal knowledge of the detentions. (Amended by Stats. 2025, Ch. 528, Sec. 4. (SB 27) Effective January 1, 2026. Section conditionally operative as provided in Section 5970.5.)
  97. 5975.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 8. The Community Assistance, Recovery, and Empowerment Act [5970 - 5987] ( Part 8 added by Stats. 2022, Ch. 319, Sec. 7. ) ## CHAPTER 2. Process [5972 - 5978.2] ( Chapter 2 added by Stats. 2022, Ch. 319, Sec. 7. )

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    This section lets a court treat certain repeated bad-faith CARE Act petitions as grounds to find a person a vexatious litigant, and it can trigger discipline for State Bar members who file or help file such petitions to gain an advantage in another case.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 8. The Community Assistance, Recovery, and Empowerment Act [5970 - 5987] ( Part 8 added by Stats. 2022, Ch. 319, Sec. 7. ) ## CHAPTER 2. Process [5972 - 5978.2] ( Chapter 2 added by Stats. 2022, Ch. 319, Sec. 7. ) ## 5975.1. (a) Notwithstanding Section 391 of the Code of Civil Procedure, if a person other than the respondent files a petition for CARE Act proceedings that is without merit or is intended to harass or annoy the respondent, and the person has previously filed a pleading in CARE Act proceedings that was without merit or was intended to harass or annoy the respondent, the petition shall be grounds for the court to determine that the person is a vexatious litigant for the purposes of Title 3A (commencing with Section 391) of Part 2 of the Code of Civil Procedure. (b) (1) If a person other than the respondent files a petition for CARE Act proceedings in order to gain an advantage over the respondent in another legal proceeding, then, notwithstanding any other provision of this part, it is cause for suspension, disbarment, or other discipline if a member of the State Bar is found to have filed the petition or assisted in the filing of the petition with knowledge that the filing was being made in order to gain that advantage. (2) For purposes of this subdivision, “legal proceeding” shall not include: (A) A proceeding under Part 1 (commencing with Section 5000) of Division 5. (B) A proceeding under Section 300. (Amended by Stats. 2023, Ch. 283, Sec. 8. (SB 35) Effective September 30, 2023. Section conditionally operative as provided in Section 5970.5.)
  98. 5975.2.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 8. The Community Assistance, Recovery, and Empowerment Act [5970 - 5987] ( Part 8 added by Stats. 2022, Ch. 319, Sec. 7. ) ## CHAPTER 2. Process [5972 - 5978.2] ( Chapter 2 added by Stats. 2022, Ch. 319, Sec. 7. )

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    CARE Act proceedings may be conducted by a superior court judge, a court-appointed commissioner, or another subordinate judicial officer.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 8. The Community Assistance, Recovery, and Empowerment Act [5970 - 5987] ( Part 8 added by Stats. 2022, Ch. 319, Sec. 7. ) ## CHAPTER 2. Process [5972 - 5978.2] ( Chapter 2 added by Stats. 2022, Ch. 319, Sec. 7. ) ## 5975.2. CARE Act proceedings may be conducted by a superior court judge or by a court-appointed commissioner or other subordinate judicial officer. (Added by Stats. 2023, Ch. 283, Sec. 9. (SB 35) Effective September 30, 2023. Section conditionally operative as provided in Section 5970.5.)
  99. 5975.3.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 8. The Community Assistance, Recovery, and Empowerment Act [5970 - 5987] ( Part 8 added by Stats. 2022, Ch. 319, Sec. 7. ) ## CHAPTER 2. Process [5972 - 5978.2] ( Chapter 2 added by Stats. 2022, Ch. 319, Sec. 7. )

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    No fee may be charged for filings under this chapter, and public officers may not charge fees for filing or serving papers or for performing duties required by the CARE 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 8. The Community Assistance, Recovery, and Empowerment Act [5970 - 5987] ( Part 8 added by Stats. 2022, Ch. 319, Sec. 7. ) ## CHAPTER 2. Process [5972 - 5978.2] ( Chapter 2 added by Stats. 2022, Ch. 319, Sec. 7. ) ## 5975.3. There shall be no fee for filing under this chapter nor shall any fees be charged by any public officer for services in filing or serving papers or for the performance of any duty enjoined by the CARE Act. (Added by Stats. 2023, Ch. 283, Sec. 10. (SB 35) Effective September 30, 2023. Section conditionally operative as provided in Section 5970.5.)
  100. 5976.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 8. The Community Assistance, Recovery, and Empowerment Act [5970 - 5987] ( Part 8 added by Stats. 2022, Ch. 319, Sec. 7. ) ## CHAPTER 2. Process [5972 - 5978.2] ( Chapter 2 added by Stats. 2022, Ch. 319, Sec. 7. )

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    The respondent must receive hearing notice and the court-ordered evaluation, and has rights to counsel, a supporter, presence, evidence, witnesses, appeal, and an interpreter in needed cases.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 8. The Community Assistance, Recovery, and Empowerment Act [5970 - 5987] ( Part 8 added by Stats. 2022, Ch. 319, Sec. 7. ) ## CHAPTER 2. Process [5972 - 5978.2] ( Chapter 2 added by Stats. 2022, Ch. 319, Sec. 7. ) ## 5976. The respondent shall: (a) Receive notice of the hearings. (b) Receive a copy of the court-ordered evaluation. (c) Be entitled to be represented by counsel at all stages of a proceeding commenced under this chapter, regardless of the ability to pay. (d) Be allowed to have a supporter be present with them to perform the functions described in Sections 5980 and 5981, subject to the limits provided in those sections. (e) Have the right to be present at the hearing unless the respondent waives that right. (f) Have the right to present evidence. (g) Have the right to call witnesses. (h) Have the right to cross-examine witnesses. (i) Have the right to appeal decisions, and to be informed of the right to appeal. (j) Have the right to an interpreter in all proceedings if necessary for the respondent to fully participate. (Amended by Stats. 2023, Ch. 283, Sec. 11. (SB 35) Effective September 30, 2023. Section conditionally operative as provided in Section 5970.5.)
  101. 5976.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 8. The Community Assistance, Recovery, and Empowerment Act [5970 - 5987] ( Part 8 added by Stats. 2022, Ch. 319, Sec. 7. ) ## CHAPTER 2. Process [5972 - 5978.2] ( Chapter 2 added by Stats. 2022, Ch. 319, Sec. 7. )

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    Hearings under this part are generally closed to the public, but the respondent can ask for a public hearing or for family/friends to attend, and certain records and evidence are kept confidential or limited in later proceedings.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 8. The Community Assistance, Recovery, and Empowerment Act [5970 - 5987] ( Part 8 added by Stats. 2022, Ch. 319, Sec. 7. ) ## CHAPTER 2. Process [5972 - 5978.2] ( Chapter 2 added by Stats. 2022, Ch. 319, Sec. 7. ) ## 5976.5. (a) Notwithstanding any other law, and except as otherwise provided in this section, a hearing held under this part is presumptively closed to the public. (b) The respondent may demand that the hearing be public and be held in a place suitable for attendance by the public. (c) The respondent may request the presence of any family member or friend without waiving the right to keep the hearing closed to the rest of the public. (d) A request by any other party to the proceeding to make the hearing public may be granted if the judicial officer conducting the hearing finds that the public interest in an open hearing clearly outweighs the respondent’s interest in privacy. (e) All reports, evaluations, diagnoses, or other information filed with the court related to the respondent’s health shall be confidential. The respondent may at any time petition the court for an order sealing these records or any other court records in a proceeding held under this part. Notwithstanding any rule of court prohibiting records kept confidential by law from consideration for sealing, if such a petition is filed, there shall exist a presumption in favor of sealing. (f) The fact that evidence is admitted at a proceeding held under this part shall not be the basis for admission of that evidence in any subsequent legal proceeding. (g) Photographs, recordings, transcripts, other records of proceedings held under this part, and testimony regarding proceedings held under this part shall not be admissible in any subsequent legal proceeding except upon motion by one of the following in that subsequent legal proceeding: (1) The respondent. (2) The county behavioral health agency, the public guardian, or the public conservator. (h) In a proceeding held under this part, this section shall not affect the applicability of paragraph (2) of subdivision (c) of Section 5977.1, make admissible any evidence that is not otherwise admissible, or permit a witness to base an opinion on any matter that is not a proper basis for that opinion. The admission or exclusion of evidence shall be pursuant to the rules of evidence established by the Evidence Code, including, but not limited to, Section 352 of the Evidence Code, and by judicial decision. (i) Before commencing a hearing at the respondent’s first court appearance, the judicial officer shall inform the respondent of their rights under this section. At subsequent hearings, the court is not required to advise the respondent of their rights under this section upon finding that the respondent understands and waives the additional advisement of their rights. (Amended by Stats. 2024, Ch. 640, Sec. 4. (SB 42) Effective September 27, 2024. Section conditionally operative as provided in Section 5970.5.)
  102. 5977.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 8. The Community Assistance, Recovery, and Empowerment Act [5970 - 5987] ( Part 8 added by Stats. 2022, Ch. 319, Sec. 7. ) ## CHAPTER 2. Process [5972 - 5978.2] ( Chapter 2 added by Stats. 2022, Ch. 319, Sec. 7. )

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    This section sets the court’s process for reviewing a CARE petition, requiring prompt review and, in some cases, dismissal, reports, notices, hearings, and appointment of counsel.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 8. The Community Assistance, Recovery, and Empowerment Act [5970 - 5987] ( Part 8 added by Stats. 2022, Ch. 319, Sec. 7. ) ## CHAPTER 2. Process [5972 - 5978.2] ( Chapter 2 added by Stats. 2022, Ch. 319, Sec. 7. ) ## 5977. (a) (1) The court shall promptly review the petition to determine if the petitioner has made a prima facie showing that the respondent is, or may be, a person described in Section 5972. The court may make a prima facie determination without conducting a hearing. (2) If the court finds that the petitioner has not made a prima facie showing that the respondent is, or may be, a person described in Section 5972, the court may dismiss the case and, if the court does so, it shall order that the dismissal is without prejudice, unless Section 5975.1 applies. Nothing other than Section 5975.1 prevents a petitioner whose petition was dismissed without prejudice from refiling the petition with amended information. (3) If the court finds that the petitioner has made a prima facie showing that the respondent is, or may be, a person described in Section 5972, the court shall do one of the following: (A) If the petitioner is the director of a county behavioral health agency, or their designee, the court shall do the following: (i) Set the matter for an initial appearance on the petition within 14 court days. (ii) Appoint a qualified legal services project, as defined in Sections 6213 to 6214.5, inclusive, of the Business and Professions Code, to represent the respondent. If no legal services project has agreed to accept these appointments, a public defender or other counsel working in that capacity shall be appointed to represent the respondent. (iii) Determine whether the petition includes all of the following information and, if it does not, order the county behavioral health agency to submit a written report with the court within 14 court days that includes all of the following: (I) A determination as to whether the respondent meets, or is likely to meet, the criteria for the CARE process. (II) The outcome of efforts made to voluntarily engage the respondent prior to the filing of the petition. (III) Conclusions and recommendations about the respondent’s ability to voluntarily engage in services. (iv) Order the county behavioral health agency to provide notice to the respondent, the appointed counsel, and the county behavioral health agency in the county where the respondent resides, if different from the county where the CARE process has commenced. (B) If the petitioner is a person other than the director of a county behavioral health agency, or their designee, the court shall order a county agency, or their designee, as determined by the court, to investigate, as necessary, file a written report with the court as soon as practicable, but within 30 court days, and provide notice to the respondent and petitioner that a report has been ordered. Parties shall complete the investigation with appropriate urgency. The written report shall include all of the following: (i) A determination as to whether the respondent meets, or is likely to meet, the criteria for the CARE process. (ii) The outcome of efforts made to voluntarily engage the respondent during the report period. (iii) Conclusions and recommendations about the respondent’s ability to voluntarily engage in services. (iv) The information, including protected health information, necessary to support the determinations, conclusions, and recommendations in the report. (4) If, upon a request by the county agency ordered to investigate and file a report under subparagraph (B) of paragraph (3), the court finds that the county agency is making progress to engage the respondent, the court may, in its discretion, grant the county agency no more than 30 additional days to continue to work with, engage, and enroll the individual in voluntary treatment and services. The county agency shall provide notice to the respondent and petitioner that an extension for filing a report has been granted. (5) Upon receipt of the report described in subparagraph (B) of paragraph (3), the court shall, within five days, take one of the following actions: (A) If the court determines that voluntary engagement with the respondent is effective, and that the individual has enrolled or is likely to enroll in voluntary behavioral health treatment, the court shall dismiss the matter. (B) If the court determines, based on the county agency’s report, that the evidence does not support a prima facie showing that the respondent is, or may be, a person described in Section 5972, the court shall dismiss the matter. This section shall not prevent a county behavioral health agency from continuing to voluntarily engage with a person not described in Section 5972 but who is in need of services and supports. (C) If the court determines, based on the county agency’s report, that the evidence does support a prima facie showing that the respondent is, or may be, a person described in Section 5972, and engagement with the county agency was not effective, the court shall do all of the following: (i) Set an initial appearance on the petition within 14 court days. (ii) Appoint a qualified legal services project, as defined in Sections 6213 to 6214.5, inclusive, of the Business and Professions Code or, if no legal services project has agreed to accept these appointments, a public defender or other counsel working in that capacity to represent the respondent. (iii) Order the county agency to provide notice of the initial appearance to the petitioner, the respondent, the appointed counsel, the county behavioral health agency in the county where the respondent resides, and, if different, the county where the CARE court proceedings have commenced. (b) At the initial appearance on the petition, all of the following shall apply: (1) The court shall permit the respondent to substitute their own counsel. (2) Petitioner shall be present. If the petitioner is not present, the matter may be dismissed. (3) Respondent may waive personal appearance and appear through counsel. If the respondent does not waive personal appearance and does not appear at the hearing, and the court makes a finding in open court that reasonable attempts to elicit the attendance of the respondent have failed, the court may conduct the hearing in the respondent’s absence if the court makes a finding in open court that conducting the hearing without the participation or presence of the respondent would be in the respondent’s best interest. (4) A representative from the county behavioral health agency shall be present. (5) If the respondent asserts that they are enrolled in a federally recognized Indian tribe or are receiving services from an Indian health care provider, a tribal court, or a tribal organization, a representative from the program, the tribe, or the tribal court shall be allowed to be present, subject to the consent of the respondent. The tribal representative shall be entitled to notice by the county of the initial appearance. (6) (A) If the petitioner is a person other than the director of a county behavioral health agency, or their designee, the court shall issue an order relieving the original petitioner and appointing the director of the county behavioral health agency or their designee as the successor petitioner. (B) If the original petitioner is described in subdivision (a) or (b) of Section 5974, all of the following apply: (i) The original petitioner shall have the right to be present and make a statement at the initial hearing on the merits of the petition held pursuant to paragraph (7). (ii) (I) Until July 1, 2025, the court may, in its discretion, assign ongoing rights of notice to the original petitioner. (II) Commencing July 1, 2025, unless the court determines, either upon its own motion or upon the motion of the respondent, at any point in the proceedings, that it likely would be detrimental to the treatment or well-being of the respondent, the court shall provide ongoing notice of proceedings to the original petitioner throughout the CARE proceedings, including notice of when a continuance is granted or when a case is dismissed. If a continuance is granted, the notice shall provide a general reason for the continuance, including the absence of the respondent or one of the grounds pursuant to Rule 3.1332 of the California Rules of Court. If a case is dismissed, the notice shall specify the statutory basis for the dismissal. A notice pursuant to this clause shall not disclose any patient information that is protected under the federal Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191), the Confidentiality of Medical Information Act (Part 2.6 (commencing with Section 56) of Division 1 of the Civil Code), or this act, without the respondent’s consent. (iii) To the extent that the respondent consents, the court may allow the original petitioner to participate in the respondent’s CARE proceedings. (iv) The original petitioner may file a new petition with the court, pursuant to Section 5974, if the matter is dismissed and there is a change in circumstances. (C) If the original petitioner is not described in subdivision (a) or (b) of Section 5974, the court shall not assign ongoing rights to the original petitioner, other than the right to be present and make a statement at the hearing on the merits of the petition held pursuant to paragraph (7). (7) (A) The court shall set a hearing on the merits of the petition within 10 days, at which time the court shall determine whether, by clear and convincing evidence, the respondent meets the CARE criteria in Section 5972. In making this determination, the court shall consider all evidence properly before it, including any report from the county behavioral health agency ordered pursuant to paragraph (3) of subdivision (a) and any additional admissible evidence presented by the parties, including the petition submitted and any statement given by the original petitioner. A licensed behavioral health professional may testify as an expert concerning whether the respondent meets the CARE criteria in Section 5972 provided that the court finds that the professional has special knowledge, skill, experience, training, or education sufficient to qualify as an expert under Section 720 of the Evidence Code. (B) The hearing on the merits of the petition may be conducted concurrently with the initial appearance upon stipulation of the successor petitioner and the respondent, subject to the approval by the court. (c) (1) If, at the hearing on the merits of the petition, the court finds there is not clear and convincing evidence that the respondent meets the CARE criteria in Section 5972, the court shall dismiss the case without prejudice, unless the court makes a finding, in open court, that the original petitioner’s filing was not in good faith, in which case the dismissal shall be with prejudice. (2) If, at the hearing on the merits of the petition, the court finds by clear and convincing evidence that the respondent meets the CARE criteria in Section 5972, the court shall order the county behavioral health agency to work with the respondent, the respondent’s counsel, and the supporter to engage the respondent in behavioral health treatment and attempt to enter into a CARE agreement. The court shall set a case management hearing within 14 days. (3) If the respondent is enrolled in a federally recognized Indian tribe, the county shall provide notice of the case management hearing to the tribe, subject to the consent of the respondent. (d) The following shall apply to any written report submitted by a county behavioral health agency to the court pursuant to this section: (1) The report is confidential and not subject to disclosure or inspection under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). (2) The report is inadmissible in any subsequent legal proceeding, except upon motion of the respondent in that subsequent legal proceeding. (3) The report shall be confidential pursuant to subdivision (e) of Section 5976.5. (4) This subdivision shall not affect the applicability of paragraph (2) of subdivision (c) of Section 5977.1, make admissible any evidence that is not otherwise admissible, or permit a witness to base an opinion on any matter that is not a proper basis for such an opinion. The admission or exclusion of evidence shall be pursuant to the rules of evidence established by the Evidence Code, including, but not limited to, Section 352 of the Evidence Code, and by judicial decision. (Amended by Stats. 2025, Ch. 528, Sec. 5. (SB 27) Effective January 1, 2026. Section conditionally operative as provided in Section 5970.5.)
  103. 5977.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 8. The Community Assistance, Recovery, and Empowerment Act [5970 - 5987] ( Part 8 added by Stats. 2022, Ch. 319, Sec. 7. ) ## CHAPTER 2. Process [5972 - 5978.2] ( Chapter 2 added by Stats. 2022, Ch. 319, Sec. 7. )

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    This section sets the court process for CARE cases, including hearings, clinical evaluations, CARE plans, and related deadlines.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 8. The Community Assistance, Recovery, and Empowerment Act [5970 - 5987] ( Part 8 added by Stats. 2022, Ch. 319, Sec. 7. ) ## CHAPTER 2. Process [5972 - 5978.2] ( Chapter 2 added by Stats. 2022, Ch. 319, Sec. 7. ) ## 5977.1. (a) (1) At the case management hearing, the court shall hear evidence as to whether the parties have entered, or are likely to enter, into a CARE agreement. (2) If the court finds that the parties have entered, or are likely to enter, into a CARE agreement, the court shall do one of the following: (A) Approve the terms of the CARE agreement or modify the terms of the CARE agreement and approve the agreement as modified by the court, and continue the matter and set a progress hearing for 60 days. (B) Continue the matter for 14 days to allow the parties additional time to enter into a CARE agreement, upon stipulation of the parties. (3) Nothing in this subdivision shall prohibit the parties from agreeing to, and the court from approving, amendments to the CARE agreement. (4) The court may, in its discretion, call additional progress hearings beyond the hearing set at 60 days, for the duration of the CARE agreement. (b) If the court finds that the parties have not entered into a CARE agreement, and are not likely to enter into a CARE agreement, the court shall order the county behavioral health agency, through a licensed behavioral health professional, to conduct a clinical evaluation of the respondent, unless there is an existing clinical evaluation of the respondent completed within the last 30 days and the parties stipulate to the use of that evaluation. The evaluation shall address, at a minimum, the following: (1) A clinical diagnosis of the respondent. (2) Whether the respondent has the legal capacity to give informed consent regarding psychotropic medication. (3) Any other information as ordered by the court or that the licensed behavioral health professional conducting the evaluation determines would help the court make future informed decisions about the appropriate care and services the respondent should receive. (4) An analysis of recommended services, programs, housing, medications, and interventions that support the recovery and stability of the respondent. (c) (1) The court shall set a clinical evaluation hearing to review the evaluation within 21 days. The court shall order the county to file the evaluation with the court and provide the evaluation to the respondent’s counsel no later than five days prior to the scheduled clinical evaluation hearing. The clinical evaluation hearing may be continued for a maximum of 14 days upon stipulation of the respondent and the county behavioral health agency, unless there is good cause for a longer extension. (2) At the clinical evaluation review hearing, the court shall review the evaluation and other evidence from the county behavioral health agency and the respondent. The county behavioral health agency and the respondent may present evidence and call witnesses, including the person who conducted the evaluation. Only relevant and admissible evidence that fully complies with the rules of evidence may be considered by the court. (3) At the conclusion of the hearing, the court shall determine whether the respondent, by clear and convincing evidence, meets the CARE criteria in Section 5972 and make orders as follows: (A) If the court finds that the respondent meets the CARE criteria, the court shall order the county behavioral health agency, the respondent, and the respondent’s counsel and supporter to jointly develop a CARE plan within 14 days. (B) If the court does not find that clear and convincing evidence establishes that the respondent meets the CARE criteria, the court shall dismiss the petition. (4) If the respondent is a self-identified American Indian or Alaska Native individual, as defined in Sections 1603(13), 1603(28), and 1679(a) of Title 25 of the United States Code, has been determined eligible as an Indian under Section 136.12 of Title 42 of the Code of Federal Regulations, or is currently receiving services from an Indian health care provider or tribal court, the county behavioral health agency shall use its best efforts to meaningfully consult with and incorporate the Indian health care provider or tribal court available to the respondent to develop the CARE plan. (5) The evaluation and all reports, documents, and filings submitted to the court shall be confidential. (6) The date for the hearing to review and consider approval of the proposed CARE plan shall be set not more than 14 days from the date of the order to develop a CARE plan, unless the court finds good cause for an extension. The party requesting an extension of time for the CARE plan review hearing shall provide notice to the opposing party and their counsel of the request for extension of time, and the court’s order if the request is granted. (d) (1) At the CARE plan review hearing, the parties shall present their plan or plans to the court. The county behavioral health agency or the respondent, or both, may present a proposed CARE plan. (2) After consideration of the plans proposed by the parties, the court shall adopt the elements of a CARE plan that support the recovery and stability of the respondent. The court may issue any orders necessary to support the respondent in accessing appropriate services and supports, including prioritization for those services and supports, subject to applicable laws and available funding pursuant to Section 5982. These orders shall constitute the CARE plan and may be amended. (3) A court may order medication if it finds, upon review of the court-ordered evaluation and hearing from the parties, that, by clear and convincing evidence, the respondent lacks the capacity to give informed consent to the administration of medically necessary stabilization medication. To the extent the court orders medically necessary stabilization medication, the medication shall not be forcibly administered and the respondent’s failure to comply with a medication order shall not result in a penalty, including, but not limited to, contempt or termination of the CARE plan pursuant to Section 5979. (4) If the proposed CARE plan includes services and supports, such as housing, provided directly or indirectly through another local governmental entity, that local entity may agree to provide the service or support, or the court may consider a motion by either of the parties to add the local entity as a party to the CARE proceeding. If the local entity agrees to provide the service or support, it may request to be added as a party by the court. (5) If, after presentation of the CARE plan or plans, the court determines that additional information is needed, including from a licensed behavioral health professional, the court shall order a supplemental report to be filed by the county behavioral health agency for which the court may grant a continuance of no more than 14 days, unless there is good cause for a longer extension. (6) If there is no CARE plan because the parties have not had sufficient time to complete it, the court may grant a continuance of no more than 14 days, unless there is good cause for a longer extension. (7) This subdivision does not prohibit the parties from agreeing to, and the court from approving, amendments to the CARE plan. The court may also approve amendments to the CARE plan upon the finding that those amendments are necessary to support the respondent in accessing appropriate services and supports, following a hearing on the issue. (e) The issuance of an order approving a CARE plan pursuant to paragraph (2) of subdivision (d) begins the CARE process timeline, which shall not exceed one year. (Amended by Stats. 2025, Ch. 528, Sec. 6. (SB 27) Effective January 1, 2026. Section conditionally operative as provided in Section 5970.5.)
  104. 5977.2.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 8. The Community Assistance, Recovery, and Empowerment Act [5970 - 5987] ( Part 8 added by Stats. 2022, Ch. 319, Sec. 7. ) ## CHAPTER 2. Process [5972 - 5978.2] ( Chapter 2 added by Stats. 2022, Ch. 319, Sec. 7. )

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    The court must hold status review hearings at court-set intervals, at least every 60 days after the CARE plan is ordered, and the county behavioral health agency must file and serve a report before the hearing.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 8. The Community Assistance, Recovery, and Empowerment Act [5970 - 5987] ( Part 8 added by Stats. 2022, Ch. 319, Sec. 7. ) ## CHAPTER 2. Process [5972 - 5978.2] ( Chapter 2 added by Stats. 2022, Ch. 319, Sec. 7. ) ## 5977.2. (a) (1) At intervals set by the court and not less frequently than every 60 days after the court orders the CARE plan, the court shall hold a status review hearing. The county behavioral health agency shall file with the court and serve on the respondent, and the respondent’s counsel and supporter, a report no fewer than five court days prior to the review hearing with the following information: (A) The progress that the respondent has made on the CARE plan. (B) What services and supports in the CARE plan were provided, and what services and supports were not provided. (C) Any issues the respondent expressed or exhibited in adhering to the CARE plan. (D) Recommendations for changes to the services and supports to make the CARE plan more successful. (2) The respondent shall be permitted to respond to the report submitted by the county behavioral health agency and to the county behavioral health agency’s testimony. The respondent shall be permitted to introduce their own information and recommendations. (3) Subject to applicable law, intermittent lapses or setbacks described in this section of the report shall not impact access to services, treatment, or housing. (b) The county behavioral health agency or the respondent may request, or the court upon its own motion may set, a hearing to occur at any time during the CARE process to address a change of circumstances. (Amended by Stats. 2023, Ch. 283, Sec. 15. (SB 35) Effective September 30, 2023. Section conditionally operative as provided in Section 5970.5.)
  105. 5977.3.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 8. The Community Assistance, Recovery, and Empowerment Act [5970 - 5987] ( Part 8 added by Stats. 2022, Ch. 319, Sec. 7. ) ## CHAPTER 2. Process [5972 - 5978.2] ( Chapter 2 added by Stats. 2022, Ch. 319, Sec. 7. )

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    The court must hold a one-year status hearing in the 11th month, and the county behavioral health agency must file and serve a report before that hearing.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 8. The Community Assistance, Recovery, and Empowerment Act [5970 - 5987] ( Part 8 added by Stats. 2022, Ch. 319, Sec. 7. ) ## CHAPTER 2. Process [5972 - 5978.2] ( Chapter 2 added by Stats. 2022, Ch. 319, Sec. 7. ) ## 5977.3. (a) (1) In the 11th month of the process timeline, the court shall hold a one-year status hearing. Not fewer than five court days prior to the one-year status hearing, the county behavioral health agency shall file a report with the court and shall serve the report on the respondent and the respondent’s counsel and supporter. The report shall include the following information: (A) The progress that the respondent has made on the CARE plan, including a final assessment of the respondent’s stability. (B) What services and supports in the CARE plan were provided, and what services and supports were not provided, over the life of the program. (C) Any issues the respondent expressed or exhibited in adhering to the CARE plan. (D) Recommendations for next steps, including what ongoing and additional services would benefit the respondent that the county behavioral health agency can facilitate or provide. (2) At an evidentiary hearing, the respondent shall be permitted to respond to the report submitted by the county behavioral health agency and to the county behavioral health agency’s testimony. The respondent shall be permitted to introduce their own information and recommendations. The respondent shall have the right at the hearing to call witnesses and to present evidence as to whether the respondent agrees with the report. The respondent may request either to be graduated from the program or to remain in the program. (3) The court shall issue an order as follows: (A) If the respondent requests to be graduated from the program, and the respondent has successfully completed the CARE process, the court shall order the county behavioral health agency and the respondent to work jointly on a voluntary graduation plan and the court shall schedule a hearing in the 12th month after adoption of the CARE plan for presentation of the graduation plan. The court shall review the graduation plan and recite the terms in open court. The graduation plan shall not place additional requirements on local governmental entities and is not enforceable by the court, except that the graduation plan may, at the respondent’s election, include a psychiatric advance directive, which shall have the force of law. Upon completion of the hearing, the respondent shall be officially graduated from the program. (B) If the respondent requests to remain in the CARE process, the respondent may request any amount of time, up to and including one additional year. The court may approve the request and thereby permit the ongoing voluntary participation of the respondent if the court finds both of the following: (i) The respondent did not successfully complete the CARE plan. (ii) The respondent would benefit from continuation of the CARE plan. (C) The court shall issue an order permitting the respondent to continue in the CARE plan or denying the respondent’s request to remain in the CARE plan, and state its reasons in open court. (b) The respondent may be involuntarily reappointed to the program only if the court finds, by clear and convincing evidence, that all of the following conditions apply: (1) The respondent did not successfully complete the CARE process. (2) All services and supports required through the CARE process were provided to the respondent. (3) The respondent would benefit from continuation in the CARE process. (4) The respondent currently meets the requirements in Section 5972. (c) A respondent may only be reappointed to the CARE process once, for up to one additional year. (Amended by Stats. 2025, Ch. 528, Sec. 7. (SB 27) Effective January 1, 2026. Section conditionally operative as provided in Section 5970.5.)
  106. 5977.4.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 8. The Community Assistance, Recovery, and Empowerment Act [5970 - 5987] ( Part 8 added by Stats. 2022, Ch. 319, Sec. 7. ) ## CHAPTER 2. Process [5972 - 5978.2] ( Chapter 2 added by Stats. 2022, Ch. 319, Sec. 7. )

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    This section requires CARE Act hearings and related filings to be handled under confidentiality and participation rules, gives the respondent a right to appear in person, and lets the court or county behavioral health agency seek or share certain information under specified limits.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 8. The Community Assistance, Recovery, and Empowerment Act [5970 - 5987] ( Part 8 added by Stats. 2022, Ch. 319, Sec. 7. ) ## CHAPTER 2. Process [5972 - 5978.2] ( Chapter 2 added by Stats. 2022, Ch. 319, Sec. 7. ) ## 5977.4. (a) In all CARE Act proceedings, the judicial officer shall control the proceedings during the hearings with a view to the expeditious and effective ascertainment of the jurisdictional facts and the ascertainment of all information relative to the present condition and future welfare of the respondent. Except when there is a contested issue of fact or law, the proceedings shall be conducted in an informal nonadversarial atmosphere with a view to obtaining the maximum cooperation of the respondent, all persons interested in the respondent’s welfare, and all other parties, with any provisions that the court may make for the disposition and care of the respondent. The court and relevant local public agencies shall cooperate to develop a comprehensive set of objectives established to improve performance of the CARE system in a vigorous and ongoing manner. The court is authorized to coordinate and participate in meetings to improve system performance. All evaluations and reports, documents, and filings submitted to the court pursuant to CARE Act proceedings shall be confidential. (b) The hearings described in this chapter shall occur in person unless the court, in its discretion, allows a party or witness to appear remotely through the use of remote technology. The respondent shall have the right to be in person for all hearings. (c) Consistent with its constitutional rulemaking authority, the Judicial Council shall adopt rules to implement the policies and provisions in this section and in Sections 5977 to 5977.4, inclusive, to promote statewide consistency, including, but not limited to, what is included in the petition form packet, communications between the CARE Act court and the juvenile court, if applicable, the role of the judiciary to improve system performance, and the process by which counsel will be appointed. (d) (1) Consistent with paragraph (9) of subdivision (b) of Section 56.10 of the Civil Code, the county behavioral health agency shall include in any report evaluation, or other document filed with the court, the information, including protected health information, necessary to support the determinations, conclusions, and recommendations in the filing. The county behavioral health agency shall not, unless ordered to do so by the court, submit to the court original or photocopied records underlying the information in a report evaluation or other document required or ordered under this subdivision. The county behavioral health agency shall serve an unredacted copy of any report evaluation, or other document filed with the court on the respondent and the respondent’s counsel and, with the consent of the respondent, on the supporter in a manner authorized by law. Neither a county nor an employee or agent thereof shall be held civilly or criminally liable for any disclosure authorized or required by this paragraph. (2) (A) Consistent with paragraph (1) of subdivision (c) of Section 56.10 of the Civil Code, a provider of health care, as defined in Section 56.05 of the Civil Code, or a covered entity, as defined in Section 160.103 of Title 45 of the Code of Federal Regulations, may disclose to the county behavioral health agency any information, including protected health information, and mental health records excluding psychotherapy notes, in its possession about the respondent that is relevant to the county behavioral health agency’s provision, coordination, or management of services and supports under this part, including, but not limited to, the preparation of any required investigations, evaluations, or reports. Such a disclosure is a disclosure for treatment purposes, which may be made only to the extent permitted under Section 164.506 of Title 45 of the Code of Federal Regulations. The information disclosed may include substance use disorder patient records only to the extent permitted by Part 2 (commencing with Section 2.1) of Title 42 of the Code of Federal Regulations. (B) Consistent with paragraph (9) of subdivision (b) of Section 56.10 of the Civil Code, a provider of health care, as defined in Section 56.05 of the Civil Code, or a covered entity, as defined in Section 160.103 of Title 45 of the Code of Federal Regulations, that filed a CARE Act petition or executed an affidavit included with a CARE Act petition pursuant to paragraph (1) of subdivision (d) of Section 5975 shall provide to the county behavioral health agency any information, including protected health information, and mental health records excluding psychotherapy notes, in its possession about the respondent that may be relevant in connection with an investigation, evaluation, or other report or hearing under this part, or with the provision of services and supports under this part. The provision of information under this paragraph is a disclosure required by law, which may be made only to the extent permitted under subdivision (a) of Section 164.512 of Title 45 of the Code of Federal Regulations. The information disclosed shall include substance use disorder patient records only to the extent permitted by Part 2 (commencing with Section 2.1) of Title 42 of the Code of Federal Regulations. (C) The county behavioral health agency may apply to the court ex parte for an order requiring any provider of health care, as defined in Section 56.05 of the Civil Code, or any covered entity, as defined in Section 160.103 of Title 45 of the Code of Federal Regulations, to provide to the county behavioral health agency, to the court, or both, any information, including, but not limited to, protected health information, and mental health records excluding psychotherapy notes, in its possession about the respondent that may be relevant in connection with an investigation, evaluation, or other report or hearing under this part, or with the provision of services and supports under this part. The provision of information under this paragraph is a disclosure required by law, which may be made only to the extent permitted under Section 164.512 of Title 45 of the Code of Federal Regulations. The information ordered to be disclosed may include substance use disorder patient records only to the extent permitted by Part 2 (commencing with Section 2.1) of Title 42 of the Code of Federal Regulations. (D) A provider of health care or covered entity shall not be held civilly or criminally liable for any disclosure authorized or required by this section. (E) The county behavioral health agency shall notify the respondent of a disclosure under this paragraph as follows: (i) By mail at the respondent’s last known address, if any. (ii) To the respondent’s counsel. (iii) By including a copy of the notification under clause (i) or (ii) with the next notice of hearing served upon the respondent, if any. (F) All information, including the facts and records, or summary thereof, shared under this subdivision shall further be disclosed to the respondent and the respondent’s counsel, and with the consent of the respondent, to the supporter. (3) (A) Except as expressly provided, further disclosure or redisclosure of information is not authorized by this subdivision. (B) Information disclosed to a county behavioral health agency by a provider of health care, as defined in Section 56.05 of the Civil Code, or a covered entity, as defined in Section 160.103 of Title 45 of the Code of Federal Regulations is confidential and not subject to disclosure or inspection under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). (C) Disclosure of information under this part shall not be deemed to in any way alter the duties or responsibilities of a county behavioral health agency, of a provider of health care, as defined in Section 56.05 of the Civil Code, or of a covered entity, as defined in Section 160.103 of Title 45 of the Code of Federal Regulations, with respect to the disclosed information under the Confidentiality of Medical Information Act (Part 2.6 (commencing with Section 56) of Division 1 of the Civil Code), or the federal Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191). (Amended by Stats. 2024, Ch. 640, Sec. 7. (SB 42) Effective September 27, 2024. Section conditionally operative as provided in Section 5970.5.)
  107. 5978.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 8. The Community Assistance, Recovery, and Empowerment Act [5970 - 5987] ( Part 8 added by Stats. 2022, Ch. 319, Sec. 7. ) ## CHAPTER 2. Process [5972 - 5978.2] ( Chapter 2 added by Stats. 2022, Ch. 319, Sec. 7. )

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    A court may refer certain individuals to the CARE Act court, which may treat the referral as a petition if specific information and a prima facie showing are included.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 8. The Community Assistance, Recovery, and Empowerment Act [5970 - 5987] ( Part 8 added by Stats. 2022, Ch. 319, Sec. 7. ) ## CHAPTER 2. Process [5972 - 5978.2] ( Chapter 2 added by Stats. 2022, Ch. 319, Sec. 7. ) ## 5978. (a) A court may refer an individual from assisted outpatient treatment, from conservatorship proceedings pursuant to Chapter 3 (commencing with Section 5350) of Part 1 of Division 5 (LPS conservatorship), from misdemeanor proceedings pursuant to Section 1370.01 of the Penal Code, or from felony proceedings pursuant to Section 1370 of the Penal Code to the CARE Act court. (b) The CARE Act court may consider a referral made pursuant to this section to be a petition satisfying the requirements of paragraph (3) of subdivision (a) of Section 5977 if both of the following conditions are met: (1) The referral contains all of the information required to be included in a CARE process petition pursuant to Section 5975. (2) The information included in the referral makes a prima facie showing that the respondent is, or may be, a person described in Section 5972. (c) If the CARE Act court elects to consider a referral to be a petition pursuant to subdivision (b), the CARE Act court shall notify the referring court that the referral has been accepted as a petition for CARE Act proceedings. (d) If the CARE Act court does not elect to consider a referral to be a petition pursuant to subdivision (b), the CARE Act court shall order the appropriate petitioner candidate to do the following within 14 court days: (1) Complete an investigation to determine whether to file a petition on behalf of the referred individual. (2) Notify the referring court whether it intends to file a CARE Act petition on behalf of the referred individual. (e) If the appropriate petitioner candidate notifies the CARE Act court that it requires additional time to complete its investigation pursuant to paragraph (1) of subdivision (d), the CARE Act court may grant an extension of up to 30 court days. (f) For purposes of this section, “appropriate petitioner candidate” means: (1) For referrals from assisted outpatient treatment or from misdemeanor or felony proceedings, the county behavioral health director or their designee. (2) For referrals from conservatorship proceedings, the conservator or proposed conservator. (Amended by Stats. 2025, Ch. 528, Sec. 8. (SB 27) Effective January 1, 2026. Section conditionally operative as provided in Section 5970.5.)
  108. 5978.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 8. The Community Assistance, Recovery, and Empowerment Act [5970 - 5987] ( Part 8 added by Stats. 2022, Ch. 319, Sec. 7. ) ## CHAPTER 2. Process [5972 - 5978.2] ( Chapter 2 added by Stats. 2022, Ch. 319, Sec. 7. )

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    This section lets certain facilities refer eligible individuals from involuntary holds to the county behavioral health agency, and requires follow-up assessment and reporting steps.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 8. The Community Assistance, Recovery, and Empowerment Act [5970 - 5987] ( Part 8 added by Stats. 2022, Ch. 319, Sec. 7. ) ## CHAPTER 2. Process [5972 - 5978.2] ( Chapter 2 added by Stats. 2022, Ch. 319, Sec. 7. ) ## 5978.1. (a) For purposes of this section, “facility” means a facility that provides assessment, evaluation, and crisis intervention pursuant to subdivision (a) of Section 5150, or a designated facility as defined in subdivision (n) of Section 5008. (b) A facility may refer an individual treated under an involuntary hold pursuant to Articles 1 to 4.7, inclusive, and Article 6 of Chapter 2 of Part 1 of this Division to the county behavioral health agency of the county in which the individual resides, or the county in which the individual is receiving involuntary treatment, if they believe that the individual meets or is likely to meet criteria to qualify for the CARE process, as described in Section 5972. (1) Referrals pursuant to this section shall be authorized by a licensed behavioral health professional, employed, by or contracted by the facility, who has knowledge of the individual’s case and has been involved in the individual’s treatment during their involuntary hold. Documentation of the authority for a referral pursuant to this paragraph shall be signed by the licensed behavioral health professional or their designee. (2) If the facility chooses to make a referral pursuant to subdivision (b), the facility shall make the referral pursuant to this section as soon as clinically indicated as part of the individual’s discharge planning process. (3) The facility referral shall include contact information for the referred individual, including a telephone number and address, if available, and other information as specified by the department. (c) Within 14 business days of the referral by the facility, the county behavioral health agency shall complete assessment of the individual referred pursuant to this section and shall file a petition pursuant to Section 5975 if the county behavioral health agency determines that the individual meets or is likely to meet criteria for the CARE process and the individual does not engage in voluntary treatment. (d) In accordance with subdivision (b) of Section 5984, the department shall develop a referral form to be used by the facility and issue guidance regarding the following: (1) The procedure for a facility to refer an individual to a county behavioral health agency pursuant to this section. (2) County behavioral health agency data reporting requirements regarding referrals made pursuant to this section include, but are not limited to, total referrals, outcomes of referrals, reason for not filing a petition, length of time from referral to outcome, and services provided for those engaged voluntarily. (e) The department shall include data regarding referrals made pursuant to this section as part of the annual CARE Act report required by Section 5985. (f) This section does not authorize a facility to continue an involuntary hold on a referred individual who no longer meets the criteria for involuntary treatment solely for the purpose of allowing the county behavioral health agency to complete its assessment pursuant to subdivision (b). (g) This section does not affect the ability of a facility to make a referral for assisted outpatient treatment pursuant to Section 5346. (Added by Stats. 2024, Ch. 640, Sec. 8. (SB 42) Effective September 27, 2024. Section conditionally operative as provided in Section 5970.5.)
  109. 5978.2.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 8. The Community Assistance, Recovery, and Empowerment Act [5970 - 5987] ( Part 8 added by Stats. 2022, Ch. 319, Sec. 7. ) ## CHAPTER 2. Process [5972 - 5978.2] ( Chapter 2 added by Stats. 2022, Ch. 319, Sec. 7. )

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    Courts may communicate about CARE Act cases in specified situations, but some communications must be on the record and parties must be informed and given access to the record unless subdivision (c) 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 8. The Community Assistance, Recovery, and Empowerment Act [5970 - 5987] ( Part 8 added by Stats. 2022, Ch. 319, Sec. 7. ) ## CHAPTER 2. Process [5972 - 5978.2] ( Chapter 2 added by Stats. 2022, Ch. 319, Sec. 7. ) ## 5978.2. (a) (1) If a petition to initiate CARE Act proceedings has been filed based on a referral pursuant to Section 5978, the CARE Act court and the referring court may communicate with each other regarding the status of respondent’s cases and any relevant court orders while the cases are still pending in both courts. (2) If a petition to initiate CARE Act proceedings has been filed for a respondent within a juvenile court’s dependency, delinquency, or transition jurisdiction, the CARE Act court and the juvenile court may communicate with each other regarding the status of respondent’s cases and any relevant court orders while the cases are still pending in both courts. (b) The court may allow the parties to participate in the communication. All communications about the disposition of a respondent’s case shall be conducted in court and on the record. (c) Communication between courts on schedules, calendars, court records, and similar matters may occur without informing the parties. A record need not be made of the communication. (d) Except as otherwise provided in subdivision (c), a record must be made of a communication pursuant to this section. The parties shall be informed promptly of the communication and granted access to the record. (e) For the purposes of this section, “record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. (Added by Stats. 2024, Ch. 640, Sec. 9. (SB 42) Effective September 27, 2024. Section conditionally operative as provided in Section 5970.5.)
  110. 5979.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 8. The Community Assistance, Recovery, and Empowerment Act [5970 - 5987] ( Part 8 added by Stats. 2022, Ch. 319, Sec. 7. ) ## CHAPTER 3. Accountability [5979- 5979.] ( Chapter 3 added by Stats. 2022, Ch. 319, Sec. 7. )

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    This section lets the court end a respondent’s CARE participation for nonparticipation or plan nonadherence, and sets enforcement steps and fines for local government noncompliance.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 8. The Community Assistance, Recovery, and Empowerment Act [5970 - 5987] ( Part 8 added by Stats. 2022, Ch. 319, Sec. 7. ) ## CHAPTER 3. Accountability [5979- 5979.] ( Chapter 3 added by Stats. 2022, Ch. 319, Sec. 7. ) ## 5979. (a) (1) If, at any time during the proceedings, the court determines by clear and convincing evidence that the respondent is not participating in the CARE process, after the respondent receives notice, or is not adhering to their CARE plan, after the respondent receives notice, the court may terminate the respondent’s participation in the CARE process. (2) To ensure the respondent’s safety, the court may utilize existing legal authority pursuant to Article 2 (commencing with Section 5200) of Chapter 2 of Part 1. The court shall provide notice to the county behavioral health agency and the Office of the Public Conservator and Guardian if the court utilizes that authority. (3) If the respondent was timely provided with all of the services and supports required by the CARE plan, the fact that the respondent failed to successfully complete their CARE plan, including reasons for that failure, shall be a fact considered by the court in a subsequent hearing under the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000)), provided that the hearing occurs within six months of the termination of the CARE plan and shall create a presumption at that hearing that the respondent needs additional intervention beyond the supports and services provided by the CARE plan. (4) The respondent’s failure to comply with an order shall not result in a penalty outside of this section, including, but not limited to, contempt or a failure to appear. (5) The respondent’s failure to comply with a medication order shall not result in any penalty, including under this section. (b) (1) If, at any time during the CARE process, the court finds that the county or other local government entity is not complying with court orders, the court shall report that finding to the presiding judge of the superior court or their designee. (2) (A) The presiding judge or their designee shall issue an order to show cause why the local government entity should not be fined as set forth in this section. The time set for hearing shall be no earlier than 15 days after the date of the order. The scheduled date of the hearing shall allow adequate time for notice of the hearing to be served upon the local government entity. (B) The presiding judge, or their designee, shall consider the matter on the record established at the hearing. If the presiding judge or their designee finds, by clear and convincing evidence, that the local government entity has substantially failed to comply with this part, or with lawful orders issued by a court under this part, the presiding judge or their designee may issue an order imposing a fine under this section. (C) A fine under this section shall be in an amount of up to one thousand dollars ($1,000) per day, not to exceed $25,000 for each individual violation identified in the order imposing fines. (D) (i) Funds collected pursuant to this subdivision shall be deposited in the CARE Act Accountability Fund, which is hereby created in the State Treasury. Upon appropriation, the department shall administer the funds annually, and shall issue guidance, as necessary, to local government entities, pursuant to subdivision (b) of Section 5984, regarding the distribution and conditions associated with the administered funds. (ii) All moneys in the fund shall be allocated and distributed to the local government entity that paid the fines, to be used by that entity to serve individuals who have schizophrenia spectrum or other psychotic disorders and who are experiencing, or are at risk of, homelessness, criminal justice involvement, hospitalization, or conservatorship. (3) If, after notice and hearing as set forth in paragraph (2), the presiding judge or their designee finds, by clear and convincing evidence, that the local government entity is persistently noncompliant with this part, or with lawful orders issued by a court under this part, the presiding judge or their designee may appoint a special master to secure court-ordered care for the respondent at the local government entity’s cost. The presiding judge, or their designee, shall not make an order under this paragraph unless they have received five or more reports under paragraph (1) pertaining to the same local government entity within a one-year period. (4) In determining the application of the remedies available under this section, the court shall consider whether there are any mitigating circumstances impairing the ability of the local government entity to fully comply with the requirements of this part, or with court orders issued under this part. The court may consider whether the local government entity is making a good faith effort to come into substantial compliance or is facing substantial undue hardships. (c) Either the respondent or the county behavioral health agency may appeal an adverse court determination. (Added by Stats. 2022, Ch. 319, Sec. 7. (SB 1338) Effective January 1, 2023. Section conditionally operative as provided in Section 5970.5.)
  111. 5980.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 8. The Community Assistance, Recovery, and Empowerment Act [5970 - 5987] ( Part 8 added by Stats. 2022, Ch. 319, Sec. 7. ) ## CHAPTER 4. Supporter and Counsel [5980 - 5981.5] ( Chapter 4 added by Stats. 2022, Ch. 319, Sec. 7. )

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    The department must provide optional training and technical resources for volunteer supporters, and supporters must help the respondent make and communicate their own decisions.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 8. The Community Assistance, Recovery, and Empowerment Act [5970 - 5987] ( Part 8 added by Stats. 2022, Ch. 319, Sec. 7. ) ## CHAPTER 4. Supporter and Counsel [5980 - 5981.5] ( Chapter 4 added by Stats. 2022, Ch. 319, Sec. 7. ) ## 5980. (a) Subject to appropriation, the department, in consultation with disability rights groups, county behavioral health and aging agencies, individuals with lived expertise, families, racial justice experts, and other appropriate stakeholders, shall provide optional training and technical resources for volunteer supporters on the CARE process, community services and supports, supported decisionmaking, people with behavioral health conditions, trauma-informed care, family psychoeducation, and psychiatric advance directives. The department may consult with other state and national public and nonprofit agencies and organizations and the Judicial Council to align supported decisionmaking training with best practices for persons with mental illnesses, intellectual and developmental disabilities, other disabilities, and older adults. The department may enter into a technical assistance and training agreement for this purpose, pursuant to Section 5984. (b) The supporter shall do all of the following: (1) Offer the respondent a flexible and culturally responsive way to maintain autonomy and decisionmaking authority over their own life by developing and maintaining voluntary supports to assist them in understanding, making, communicating, and implementing their own informed choices. (2) Strengthen the respondent’s capacity to engage in and exercise autonomous decisionmaking and prevent or remove the need to use more restrictive protective mechanisms, such as conservatorship. (3) Assist the respondent with understanding, making, and communicating decisions and expressing preferences throughout the CARE process. (Added by Stats. 2022, Ch. 319, Sec. 7. (SB 1338) Effective January 1, 2023. Section conditionally operative as provided in Section 5970.5.)
  112. 5981.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 8. The Community Assistance, Recovery, and Empowerment Act [5970 - 5987] ( Part 8 added by Stats. 2022, Ch. 319, Sec. 7. ) ## CHAPTER 4. Supporter and Counsel [5980 - 5981.5] ( Chapter 4 added by Stats. 2022, Ch. 319, Sec. 7. )

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    A respondent may have a supporter present in certain CARE-related meetings and proceedings. The supporter must act in the respondent’s interests, avoid conflicts, and generally cannot make decisions, sign documents, be subpoenaed to testify against the respondent, or waive confidentiality by being present.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 8. The Community Assistance, Recovery, and Empowerment Act [5970 - 5987] ( Part 8 added by Stats. 2022, Ch. 319, Sec. 7. ) ## CHAPTER 4. Supporter and Counsel [5980 - 5981.5] ( Chapter 4 added by Stats. 2022, Ch. 319, Sec. 7. ) ## 5981. (a) Notwithstanding any other provision of this part, the respondent may have a supporter present in any meeting, judicial proceeding, status hearing, or communication related to any of the following: (1) An evaluation. (2) Development of a CARE agreement or CARE plan. (3) Establishing a psychiatric advance directive. (4) Development of a graduation plan. (b) A supporter is intended to do all the following: (1) Support the will and preferences of the respondent to the best of their ability and to the extent reasonably possible. (2) Respect the values, beliefs, and preferences of the respondent. (3) Act honestly, diligently, and in good faith. (4) Avoid, to the greatest extent possible, and disclose to the court, the respondent, and the respondent’s counsel, minimize, and manage, conflicts of interest. A court may remove a supporter because of any conflict of interest with the respondent, and shall remove the supporter if the conflict cannot be managed in such a way to avoid any possible harm to the respondent. (c) Unless explicitly authorized by the respondent with capacity to make that authorization, a supporter shall not do either of the following: (1) Make decisions for, or on behalf of, the respondent, except when necessary to prevent imminent bodily harm or injury. (2) Sign documents on behalf of the respondent. (d) In addition to the obligations in this section, a supporter shall be bound by all existing obligations and prohibitions otherwise applicable by law that protect people with disabilities and the elderly from fraud, abuse, neglect, coercion, or mistreatment. This section does not limit a supporter’s civil or criminal liability for prohibited conduct against the respondent, including liability for fraud, abuse, neglect, coercion, or mistreatment, including liability under the Elder Abuse and Dependent Adult Civil Protection Act (Chapter 11 (commencing with Section 15600) of Part 3 of Division 9), including, but not limited to, Sections 15656 and 15657. (e) The supporter shall not be subpoenaed or called to testify against the respondent in any proceeding relating to this part, and the supporter’s presence at any meeting, proceeding, or communication shall not waive confidentiality or any privilege. (Added by Stats. 2022, Ch. 319, Sec. 7. (SB 1338) Effective January 1, 2023. Section conditionally operative as provided in Section 5970.5.)
  113. 5981.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 8. The Community Assistance, Recovery, and Empowerment Act [5970 - 5987] ( Part 8 added by Stats. 2022, Ch. 319, Sec. 7. ) ## CHAPTER 4. Supporter and Counsel [5980 - 5981.5] ( Chapter 4 added by Stats. 2022, Ch. 319, Sec. 7. )

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    The Legal Services Trust Fund Commission at the State Bar must fund certain legal services projects and support centers, and may use contracts or grants to do so.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 8. The Community Assistance, Recovery, and Empowerment Act [5970 - 5987] ( Part 8 added by Stats. 2022, Ch. 319, Sec. 7. ) ## CHAPTER 4. Supporter and Counsel [5980 - 5981.5] ( Chapter 4 added by Stats. 2022, Ch. 319, Sec. 7. ) ## 5981.5. (a) The Legal Services Trust Fund Commission at the State Bar shall provide funding to qualified legal services projects, as defined in Sections 6213 to 6214.5, inclusive, of the Business and Professions Code, to be used to provide legal counsel appointed pursuant to subdivision (c) of Section 5976, for representation in CARE Act proceedings, matters related to CARE agreements and CARE plans, and to qualified support centers, as defined in subdivision (b) of Section 6213 of, and Section 6215 of, the Business and Professions Code, for training, support, and coordination. (b) For purposes of implementing this part, the Legal Services Trust Fund Commission may enter into exclusive or nonexclusive contracts, or amend existing contracts, on a bid or negotiated basis, or award grants, provided that they make a finding that both of the following are satisfied: (1) The Legal Services Trust Fund Commission shall retain control over the distribution of funds to the contractor or grantee. (2) The contract or grant includes provisions to ensure transparency, accountability, and oversight in delivering the services, including measurement of outcomes established pursuant to Sections 5984, 5985, and 5986. (Amended by Stats. 2023, Ch. 283, Sec. 19. (SB 35) Effective September 30, 2023. Section conditionally operative as provided in Section 5970.5.)
  114. 5982.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 8. The Community Assistance, Recovery, and Empowerment Act [5970 - 5987] ( Part 8 added by Stats. 2022, Ch. 319, Sec. 7. ) ## CHAPTER 5. CARE Plan [5982- 5982.] ( Chapter 5 added by Stats. 2022, Ch. 319, Sec. 7. )

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    A CARE plan may include only the listed services and resources, and counties have specific responsibilities for funding, coordination, and dispute resolution.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 8. The Community Assistance, Recovery, and Empowerment Act [5970 - 5987] ( Part 8 added by Stats. 2022, Ch. 319, Sec. 7. ) ## CHAPTER 5. CARE Plan [5982- 5982.] ( Chapter 5 added by Stats. 2022, Ch. 319, Sec. 7. ) ## 5982. (a) The CARE plan may include only the following: (1) Behavioral health services funded through the 1991 and 2011 Realignment, Medi-Cal behavioral health, health care plans and insurers, and services supported by the Mental Health Services Act pursuant to Part 3 (commencing with Section 5800). (2) Medically necessary stabilization medications, to the extent not described in paragraph (1). (3) Housing resources funded through the No Place Like Home Program (Part 3.9 (commencing with Section 5849.1) of Division 5 of the Welfare and Institutions Code); California Housing Accelerator (Chapter 6.6 (commencing with Section 50672) of Part 2 of Division 31 of the Health and Safety Code); the Multifamily Housing Program (Chapter 6.7 (commencing with Section 50675) of Part 2 of Division 31 of the Health and Safety Code); the Homeless Housing, Assistance, and Prevention Program (Chapter 6 (commencing with Section 50216) of Part 1 of Division 31 of the Health and Safety Code); the Encampment Resolution Funding Program (Chapter 7 (commencing with Section 50250) of Part 1 of Division 31 of the Health and Safety Code); the Project Roomkey and Rehousing Program pursuant to Provision 22 of Item 5180-151-0001 of the Budget Act of 2021 (Ch. 21, Stats. 2021); the Community Care Expansion Program (Chapter 20 (commencing with Section 18999.97) of Part 6 of Division 9 of the Welfare and Institutions Code); the CalWORKs Housing Support Program (Article 3.3 (commencing with Section 11330) of Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code); the CalWORKs Homeless Assistance pursuant to clause (i) of subparagraph (A) of paragraph (2) of subdivision (f) of Section 11450 of Article 6 of Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code; the Housing and Disability Advocacy Program (Chapter 17 (commencing with Section 18999) of Part 6 of Division 9 of the Welfare and Institutions Code); the Home Safe Program (Chapter 14 (commencing with Section 15770) of Part 3 of Division 9 of the Welfare and Institutions Code); the Bringing Families Home Program (Article 6 (commencing with Section 16523) of Chapter 5 of Part 4 of Division 9 of the Welfare and Institutions Code); the Transitional Housing Placement program for nonminor dependents (Article 4 (commencing with Section 16522) of Chapter 5 of Part 4 of Division 9 of the Welfare and Institutions Code); the Transitional Housing Program-Plus pursuant to subdivision (s) of Section 11400 and paragraph (2) of subdivision (a) of Section 11403.2 of Article 5 of Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code and Article 4 (commencing with Section 16522) of Chapter 5 of Part 4 of Division 9 of the Welfare and Institutions Code; the Behavioral Health Continuum Infrastructure Program (Chapter 1 (commencing with Section 5960) of Part 7 of Division 5 of the Welfare and Institutions Code); the Behavioral Health Bridge Housing Program; HUD-Veterans Affairs Supportive Housing Program (Section 8(o)(19) of the United States Housing Act of 1937 [42 U.S.C. Section 1437f(o)(19)]); Supportive Services for Veteran Families (Section 604 of the Veterans’ Mental Health and Other Care Improvements Act of 2008 [38 U.S.C. Sec. 2044]); HUD Continuum of Care program (Section 103 of the McKinney-Vento Homeless Assistance Act [42 U.S.C. Sec. 11302]); the Emergency Solutions Grant (Subtitle B of Title IV of the McKinney-Vento Homeless Assistance Act [42 U.S.C. Secs. 11371-11378]); HUD Housing Choice Voucher program (Section 8 of the United States Housing Act of 1937 [42 U.S.C. Sec. 1437f]); the Emergency Housing Vouchers (Section 3202 of the American Rescue Plan Act of 2021 [Public Law 117-2]; Section 8(o) of the United States Housing Act of 1937 [42 U.S.C. Sec. 1437f(o)]); HOME Investment Partnerships Program (Title II of the Cranston-Gonzalez National Affordable Housing Act [42 U.S.C. Sec. 12721 et seq.]); the Community Development Block Grant Program (Title 1 of the Housing and Community Development Act of 1974 [42 U.S.C. Sec. 5301 et seq.]); housing supported by the Mental Health Services Act pursuant to Part 3 (commencing with Section 5800); community development block grants; and other state and federal housing resources. (4) Social services funded through Supplemental Security Income/State Supplementary Payment (SSI/SSP), Cash Assistance Program for Immigrants (CAPI), CalWORKs, California Food Assistance Program, In-Home Supportive Services program, and CalFresh. (5) Services provided pursuant to Part 5 (commencing with Section 17000) of Division 9. (6) Upon the consent of the respondent and the entity or individual financially responsible for the services, additional services to support the recovery and stability of the respondent. (b) Individuals who are CARE process participants shall be prioritized for any appropriate bridge housing funded by the Behavioral Health Bridge Housing program. (c) If the county behavioral health agency elects not to enroll the respondent into a full service partnership, as defined in Section 3620 of Title 9 of the California Code of Regulations, the court may request information on the reasons for this and any barriers to enrollment. (d) All CARE plan services and supports ordered by the court are subject to available funding and all applicable federal and state statutes and regulations, contractual provisions, and policy guidance governing initial and ongoing program eligibility. In addition to the resources funded through programs listed in subdivision (a), the State Department of Health Care Services may identify other adjacent covered Medi-Cal services, including, but not limited to, enhanced care management and available community supports, which may be suggested, although not ordered, by the court, subject to all applicable federal and state statutes, regulations, contractual provisions, and policy guidance. (e) This section does not prevent a county or other local governmental entity from recommending their own services that are their own responsibility not listed in subdivision (a) or (c). Any such recommendation is not required by this section and shall be made at the request of the county for the purposes of Section 6 of Article XIII B, and Sections 6 and 36 of Article XIII of the California Constitution. (f) (1) For respondents who are Medi-Cal beneficiaries, the county in which the respondent resides is the county of responsibility as defined in Section 1810.228 of Title 9 of the California Code of Regulations. (2) If a proceeding commences in a county where the respondent is found or is facing criminal or civil proceedings that is different than the county in which the respondent resides, the county in which the respondent is found or is facing criminal or civil proceedings shall not delay proceedings under this part and is the responsible county behavioral health agency for providing or coordinating all components of the CARE agreement or CARE plan. (3) The county in which the respondent resides, as defined in paragraph (1), shall be responsible for the costs of providing all CARE agreement or CARE plan behavioral health services, as defined in paragraph (1) of subdivision (a). (4) In the event of a dispute over responsibility for any costs of providing components of the CARE agreement or CARE plan, the impacted counties shall resolve the dispute in accordance with the arbitration process established in Section 1850.405 of Title 9 of the California Code of Regulations for county mental health plans, including for respondents who are not Medi-Cal beneficiaries, and pursuant to any related guidance issued pursuant to subdivision (b) of Section 5984. (Amended by Stats. 2024, Ch. 640, Sec. 10. (SB 42) Effective September 27, 2024. Section conditionally operative as provided in Section 5970.5.)
  115. 5983.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 8. The Community Assistance, Recovery, and Empowerment Act [5970 - 5987] ( Part 8 added by Stats. 2022, Ch. 319, Sec. 7. ) ## CHAPTER 6. Technical Assistance and Administration [5983 - 5987] ( Chapter 6 added by Stats. 2022, Ch. 319, Sec. 7. )

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    The agency, department, Judicial Council, and department must provide implementation support, including engaging experts, convening a working group, and delivering training for agencies, judicial officers, and counsel.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 8. The Community Assistance, Recovery, and Empowerment Act [5970 - 5987] ( Part 8 added by Stats. 2022, Ch. 319, Sec. 7. ) ## CHAPTER 6. Technical Assistance and Administration [5983 - 5987] ( Chapter 6 added by Stats. 2022, Ch. 319, Sec. 7. ) ## 5983. (a) The California Health and Human Services Agency, or a designated department within the agency, shall do both of the following: (1) Engage an independent, research-based entity, as described in Section 5986, to advise on the development of data-driven process and outcome measures to guide the planning, collaboration, reporting, and evaluation of the CARE Act pursuant to this part. (2) Convene a working group to provide coordination and on-going engagement with, and support collaboration among, relevant state and local partners and other stakeholders throughout the phases of county implementation to support the successful implementation of the CARE Act. The working group shall meet no more than quarterly. The working group shall meet during the implementation and shall end no later than December 31, 2026. (b) The department shall provide training and technical assistance to county behavioral health agencies to support the implementation of this part, including training regarding the CARE process, CARE agreement and plan services and supports, supported decisionmaking, the supporter role, trauma-informed care, elimination of bias, psychiatric advance directives, family psychoeducation, and data collection. (c) The Judicial Council, in consultation with the department, other relevant state entities, and the County Behavioral Health Directors Association, shall provide training and technical assistance to judicial officers to support the implementation of this part, including training regarding the CARE process, CARE agreement and plan services and supports, working with the supporter, supported decisionmaking, the supporter role, the family role, trauma-informed care, elimination of bias, best practices, and evidence-based models of care for people with severe behavioral health conditions. (d) The department, in consultation with other relevant state departments and the California Interagency Council on Homelessness, shall provide training to counsel regarding the CARE process and CARE agreement and plan services and supports. (Amended by Stats. 2023, Ch. 283, Sec. 21. (SB 35) Effective September 30, 2023. Section conditionally operative as provided in Section 5970.5.)
  116. 5984.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 8. The Community Assistance, Recovery, and Empowerment Act [5970 - 5987] ( Part 8 added by Stats. 2022, Ch. 319, Sec. 7. ) ## CHAPTER 6. Technical Assistance and Administration [5983 - 5987] ( Chapter 6 added by Stats. 2022, Ch. 319, Sec. 7. )

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    The California Health and Human Services Agency and the department may enter into or amend certain contracts, and they may implement or interpret this part through notices and similar instructions without further regulatory action.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 8. The Community Assistance, Recovery, and Empowerment Act [5970 - 5987] ( Part 8 added by Stats. 2022, Ch. 319, Sec. 7. ) ## CHAPTER 6. Technical Assistance and Administration [5983 - 5987] ( Chapter 6 added by Stats. 2022, Ch. 319, Sec. 7. ) ## 5984. (a) For purposes of implementing this part, the California Health and Human Services Agency and the department may enter into exclusive or nonexclusive contracts, or amend existing contracts, on a bid or negotiated basis. Contracts entered into or amended pursuant to this part shall be exempt from Chapter 6 (commencing with Section 14825) of Part 5.5 of Division 3 of Title 2 of the Government Code, Section 19130 of the Government Code, Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code, and the State Administrative Manual, and shall be exempt from the review or approval of any division of the Department of General Services. (b) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the California Health and Human Services Agency and the department may implement, interpret, or make specific this part, in whole or in part, by means of plan letters, information notices, provider bulletins, or other similar instructions, without taking any further regulatory action. (Added by Stats. 2022, Ch. 319, Sec. 7. (SB 1338) Effective January 1, 2023. Section conditionally operative as provided in Section 5970.5.)
  117. 5985.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 8. The Community Assistance, Recovery, and Empowerment Act [5970 - 5987] ( Part 8 added by Stats. 2022, Ch. 319, Sec. 7. ) ## CHAPTER 6. Technical Assistance and Administration [5983 - 5987] ( Chapter 6 added by Stats. 2022, Ch. 319, Sec. 7. )

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    This section requires the department to produce and publish an annual CARE Act report and requires counties, other government entities, the trial courts, and the Judicial Council to supply CARE Act data for that report.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 8. The Community Assistance, Recovery, and Empowerment Act [5970 - 5987] ( Part 8 added by Stats. 2022, Ch. 319, Sec. 7. ) ## CHAPTER 6. Technical Assistance and Administration [5983 - 5987] ( Chapter 6 added by Stats. 2022, Ch. 319, Sec. 7. ) ## 5985. (a) (1) The department shall develop, in consultation with county behavioral health agencies, other relevant state or local government entities, disability rights groups, individuals with lived experience, families, counsel, racial justice experts, and other appropriate stakeholders, an annual CARE Act report. The department shall post the annual report on its internet website. (2) The department, in consultation with county behavioral health agencies and courts, shall specify the length of time that data on former participants shall be reported pursuant to subdivision (e), which shall be a minimum of 12 months after completion of and a maximum of 36 months following engagement in CARE Act elective services, a CARE agreement, or CARE plan. (3) For the purposes of this section, the following definitions shall apply: (A) “Former participant” means an individual who enters into CARE Act elective services, a CARE agreement, or a CARE plan, but who has either graduated from CARE, or for whom CARE Act proceedings were dismissed or terminated. Counties shall not be responsible for reporting on any individual who is privately insured or who no longer resides in California. (B) “Active participants” means an individual who is an elective client, or who has a CARE plan or CARE agreement. (b) County behavioral health agencies and any other state or local governmental entity, as identified by the department, shall provide data related to the CARE Act participants, services, and supports to the department. The department shall determine the data measures and specifications, and shall publish them via guidance issues pursuant to subdivision (b) of Section 5984. (c) Each county behavioral health department and any other state and local governmental entity, as identified by the department, shall provide the required data to the department, in a format and frequency as directed by the department. (d) (1) In consultation with the Judicial Council, the department shall develop an annual reporting schedule for the submission of CARE Act data from the trial courts. (2) Data from the trial courts shall be submitted to the Judicial Council, which shall aggregate the data and submit it to the department consistent with the reporting schedule developed pursuant to paragraph (1). (3) On an annual basis to be determined by the Judicial Council and consistent with the annual reporting schedule developed pursuant to paragraph (1), the trial courts shall report to the Judicial Council the following data related to CARE Act petitions: (A) The number of petitions submitted pursuant to Section 5975. (B) The number of initial appearance hearings on the petition held pursuant to paragraph (3) of subdivision (a) of Section 5977. (C) The total number of hearings held pursuant to this part. (D) The total number of CARE plans ordered and CARE agreements approved. (E) The total number of court petitions dismissed, as reported by the Judicial Council. (e) The annual report shall include process measures to examine the scope of impact and monitor the performance of CARE Act model implementation. The measures and reporting requirements shall be developed by the department in consultation with county behavioral health agencies. The report shall include trial court petition data pursuant to paragraph (3) of subdivision (d) and, to the extent administrative data is available, all of the following information compiled from county behavioral health departments and courts: (1) The demographics of all participants, including, but not limited to, the age, sex, race, ethnicity, disability, languages spoken, sexual orientation, gender identity, housing status, veteran status, immigration status, health coverage status, including Medi-Cal enrollment status, information related to CARE criteria outlined in Section 5972, and county of residence. (2) The petitioner’s relationship to the CARE Act respondent as defined in Section 5974. (3) The services and supports ordered, the services and supports provided, and the services and supports ordered but not provided to all active and former participants. (4) The housing placements of all active and former participants. Placements include, but are not limited to, transition to a higher level of care, independent living in the person’s own house or apartment, community-based housing, community-based housing with services, shelter, and no housing. (5) Treatments continued and terminated of all active and former participants. (6) Substance use disorder rates and rates of treatment among all active and former participants. (7) Detentions and other Lanterman-Petris-Short Act involvement for all active and former participants. (8) Criminal justice involvement of all active and former participants. (9) Deaths among all active and former participants, along with the cause of death. (10) Type, format, and frequency of outreach and engagement activities provided by a county behavioral health agency to engage an individual who is the subject of a referral or petition, including interactions about the individuals eligible or likely to be eligible and outcomes of these efforts. (11) In consultation with the department and county behavioral health departments, the number, rates, and trends of contacts made to the county behavioral health agency about individuals eligible or likely to be eligible for the CARE process, including outcomes of those contacts. (12) The number, rates, and source of referrals to county behavioral health departments, including, but not limited to, referrals resulting in a petition or reason for not filing a petition, length of time from referral to outcome, and services provided for those engaged voluntarily without a petition. (13) The number, rates, and trends of petitions resulting in dismissal and hearings. (14) Information on petition dispositions, including, but not limited to, disposition recommendations and the number of days from petition to disposition. (15) The number, rates, and trends of supporters. (16) The number, rates, and trends of approved CARE agreements. (17) The number, rates, and trends of ordered and completed CARE plans. (18) Statistics on the services and supports, including court orders for stabilizing medications. (19) The rates of adherence to medication. (20) The number, rates, and trends of psychiatric advance directives created for active participants. (21) The number, rates, and trends of developed graduation plans. (22) Outcome measures to assess the effectiveness of the CARE Act model, such as improvement in housing status, including gaining and maintaining housing, reductions in emergency department visits and inpatient hospitalizations, reductions in law enforcement encounters and incarceration, reductions in involuntary treatment and conservatorship, and reductions in substance use. (23) A health equity assessment of the CARE Act to identify demographic disparities based on demographic data in paragraph (1), and to inform disparity reduction efforts. (24) Data regarding referrals made pursuant to Section 5978.1, as part of the CARE Act. (f) (1) The report shall include, at a minimum, information on the effectiveness of the CARE Act model in improving outcomes and reducing disparities, homelessness, criminal justice involvement, conservatorships, and hospitalization of participants. The annual report shall include process measures to examine the scope of impact and monitor the performance of CARE Act model implementation, such as the number and source of petitions filed for CARE Court; the number, rates, and trends of petitions resulting in dismissal and hearings; the number, rates, and trends of supporters; the number, rates, and trends of voluntary CARE agreements; the number, rates, and trends of ordered and completed CARE plans; the services and supports included in CARE plans, including court orders for stabilizing medications; the rates of adherence to medication; the number, rates, and trends of psychiatric advance directives; and the number, rates, and trends of developed graduation plans. The report shall include outcome measures to assess the effectiveness of the CARE Act model, such as improvement in housing status, including gaining and maintaining housing; reductions in emergency department visits and inpatient hospitalizations; reductions in law enforcement encounters and incarceration; reductions in involuntary treatment and conservatorship; and reductions in substance use. The annual report shall examine these data through the lens of health equity to identify racial, ethnic, and other demographic disparities and inform disparity reduction efforts. (2) Data shall be stratified by age, sex, race, ethnicity, languages spoken, disability, sexual orientation, gender identity, housing status, veteran status, immigration status, health coverage source, and county, to the extent statistically relevant data is available. (g) The outcomes shall be presented to relevant state oversight bodies, including, but not limited to, the California Interagency Council on Homelessness. (h) (1) Beginning in 2026, the department shall include in its annual CARE Act report quantitative, deidentified information concerning the operation of this part. (2) Based on information provided to the department in a form and manner specified by the department, in consultation with the Judicial Council and county behavioral health departments, in accordance with subdivision (b) of Section 5984, the report shall include all of the following information, aggregated by county, compiled from county behavioral health departments, courts, and the department, depending on the source: (A) The number of contacts to the county behavioral health department about individuals eligible or likely to be eligible for the CARE process, including outcome of contacts. (B) The number of CARE petitions filed with the superior court. (C) The petitioner type for each petition filed with the superior court. (D) Disposition of each petition filed with the superior court. (E) The number of days between filing each petition and the petition’s disposition. (F) Demographic information of each CARE Act participant or potentially eligible CARE Act participant, including, but not limited to, age, sex, race, ethnicity, disability, languages spoken, sexual orientation, gender identity, housing status, veteran status, immigration status, health coverage status, including Medi-Cal enrollment status, information related to CARE criteria outlined in Section 5972, and county of residence, to the extent administrative data is available and statistically relevant. (G) The number of referrals of individuals in conservatorship proceedings made pursuant to subdivision (a) of Section 5978, including the disposition of each referral. (H) The number of referrals made pursuant to Section 5978.1, including the disposition of each referral. (i) Information publicly released or published pursuant to this part shall not contain data that may lead to the identification of participants or petitioners or information that would otherwise allow an individual to link the published information to a specific person. Data published by the department shall be deidentified in compliance with Section 164.514(a) and (b) of Title 45 of the Code of Federal Regulations. (Amended by Stats. 2025, Ch. 528, Sec. 9. (SB 27) Effective January 1, 2026. Section conditionally operative as provided in Section 5970.5.)
  118. 5986.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 8. The Community Assistance, Recovery, and Empowerment Act [5970 - 5987] ( Part 8 added by Stats. 2022, Ch. 319, Sec. 7. ) ## CHAPTER 6. Technical Assistance and Administration [5983 - 5987] ( Chapter 6 added by Stats. 2022, Ch. 319, Sec. 7. )

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    The department must retain an independent evaluator, give progress reports to the Legislature on set dates, post those reports online, and collect required data from counties and other entities.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 8. The Community Assistance, Recovery, and Empowerment Act [5970 - 5987] ( Part 8 added by Stats. 2022, Ch. 319, Sec. 7. ) ## CHAPTER 6. Technical Assistance and Administration [5983 - 5987] ( Chapter 6 added by Stats. 2022, Ch. 319, Sec. 7. ) ## 5986. (a) An independent, research-based entity shall be retained by the department to develop, in consultation with county behavioral health agencies, county CARE courts, racial justice experts, and other appropriate stakeholders, including providers and CARE court participants, an independent evaluation of the effectiveness of the CARE Act. The independent evaluation shall employ statistical research methodology and include a logic model, hypotheses, comparative or quasi-experimental analyses, and conclusions regarding the extent to which the CARE Act model is associated, correlated, and causally related with the performance of the outcome measures included in the annual reports. The independent evaluation shall include results from a survey conducted of program participants. The independent evaluation shall highlight racial, ethnic, and other demographic disparities, and include causal inference or descriptive analyses regarding the impact of the CARE Act on disparity reduction efforts. (b) The department shall provide a preliminary report to the Legislature by December 31, 2026, and a final report to the Legislature by December 31, 2028. The department shall post the preliminary and final reports on its internet website. (c) Each county behavioral health department, each county CARE court, and any other state or local governmental entity, as determined by the department, shall provide the required data to the department, in a format and frequency as directed by the department. (d) A report to be submitted pursuant to this section shall be submitted in compliance with Section 9795 of the Government Code. (Amended by Stats. 2023, Ch. 283, Sec. 22. (SB 35) Effective September 30, 2023. Section conditionally operative as provided in Section 5970.5.)
  119. 5987.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 8. The Community Assistance, Recovery, and Empowerment Act [5970 - 5987] ( Part 8 added by Stats. 2022, Ch. 319, Sec. 7. ) ## CHAPTER 6. Technical Assistance and Administration [5983 - 5987] ( Chapter 6 added by Stats. 2022, Ch. 319, Sec. 7. )

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    A county and its employees or agents are generally not civilly or criminally liable for actions by a respondent in the CARE process, except for gross negligence, recklessness, or willful misconduct.

    ## Welfare and Institutions Code - WIC ## DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987] ( Division 5 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 8. The Community Assistance, Recovery, and Empowerment Act [5970 - 5987] ( Part 8 added by Stats. 2022, Ch. 319, Sec. 7. ) ## CHAPTER 6. Technical Assistance and Administration [5983 - 5987] ( Chapter 6 added by Stats. 2022, Ch. 319, Sec. 7. ) ## 5987. A county, or an employee or agent of a county, shall not be held civilly or criminally liable for any action by a respondent in the CARE process, except when the act or omission of a county, or the employee or agent of a county, constitutes gross negligence, recklessness, or willful misconduct. This section does not limit any immunity provided under any other law. (Added by Stats. 2022, Ch. 319, Sec. 7. (SB 1338) Effective January 1, 2023. Section conditionally operative as provided in Section 5970.5.)
  120. 6.

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

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    Headings in this section do not control or change the meaning or scope of the provisions.

    ## Welfare and Institutions Code - WIC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 369. ) ## 6. Division, part, chapter, article, and section headings contained herein shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning, or intent of the provisions of any division, part, chapter, article, or section hereof. (Enacted by Stats. 1937, Ch. 369.)
  121. 6000.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. ADMISSIONS [6000 - 6008] ( Part 1 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 1. Voluntary Admissions to Mental Hospitals and Institutions [6000 - 6008] ( Chapter 1 added by Stats. 1967, Ch. 1667. )

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    This section lets a state hospital medical director admit suitable patients on written application, requires immediate forwarding of voluntary-patient records, allows certain patients to leave with notice and departure procedures, requires the departments to make implementing rules, and bars admissions to developmental centers starting July 1, 2012.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. ADMISSIONS [6000 - 6008] ( Part 1 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 1. Voluntary Admissions to Mental Hospitals and Institutions [6000 - 6008] ( Chapter 1 added by Stats. 1967, Ch. 1667. ) ## 6000. (a) Pursuant to applicable rules and regulations established by the State Department of State Hospitals or the State Department of Developmental Services, the medical director of a state hospital may receive in that hospital, as a boarder and patient, a person who is a suitable person for care and treatment in that hospital, upon receipt of a written application for the admission of the person into the hospital for care and treatment made in accordance with the following requirements: (1) In the case of an adult, the application shall be made voluntarily by the person, at a time when he or she is in a condition of mind as to render him or her competent to make it or, if he or she is a conservatee with a conservator of the person or person and estate who was appointed under Chapter 3 (commencing with Section 5350) of Part 1 of Division 5 with the right as specified by court order under Section 5358 to place his or her conservatee in a state hospital, by his or her conservator. (2) In the case of a minor, the application shall be made by his or her parents, or by the parent, guardian, conservator, or other person entitled to his or her custody to a mental hospital as may be designated by the Director of State Hospitals or the Director of Developmental Services to admit minors on voluntary applications. If the minor has a conservator of the person, or the person and the estate, appointed under Chapter 3 (commencing with Section 5350) of Part 1 of Division 5, with the right as specified by court order under Section 5358 to place the conservatee in a state hospital the application for the minor shall be made by his or her conservator. (b) A person received in a state hospital shall be deemed a voluntary patient. (c) Upon the admission of a voluntary patient to a state hospital the medical director shall immediately forward to the office of the State Department of State Hospitals or the State Department of Developmental Services the record of the voluntary patient, showing the name, residence, age, sex, place of birth, occupation, civil condition, date of admission of the patient to the hospital, and other information as required by the rules and regulations of the department. (d) The charges for the care and keeping of a person with a mental health disorder in a state hospital shall be governed by the provisions of Article 4 (commencing with Section 7275) of Chapter 3 of Division 7 relating to the charges for the care and keeping of persons with mental health disorders in state hospitals. (e) A voluntary adult patient may leave the hospital or institution at any time by giving notice of his or her desire to leave to a member of the hospital staff and completing normal hospitalization departure procedures. A conservatee may leave in a like manner if notice is given by his or her conservator. (f) A minor who is a voluntary patient may leave the hospital or institution after completing normal hospitalization departure procedures after notice is given to the superintendent or person in charge by the parents, or the parent, guardian, conservator, or other person entitled to the custody of the minor, of their desire to remove him or her from the hospital. (g) No person received into a state hospital, private mental institution, or county psychiatric hospital as a voluntary patient during his or her minority shall be detained therein after he or she reaches the age of majority. A person, after attaining the age of majority, may apply for admission into the hospital or institution for care and treatment in the manner prescribed in this section for applications by an adult. (h) The State Department of State Hospitals or the State Department of Developmental Services shall establish rules and regulations necessary to carry out properly the provisions of this section. (i) Commencing July 1, 2012, the department shall not admit any person to a developmental center pursuant to this section. (Amended by Stats. 2014, Ch. 144, Sec. 106. (AB 1847) Effective January 1, 2015.)
  122. 6000.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. ADMISSIONS [6000 - 6008] ( Part 1 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 1. Voluntary Admissions to Mental Hospitals and Institutions [6000 - 6008] ( Chapter 1 added by Stats. 1967, Ch. 1667. )

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    A state hospital medical director may receive a referred developmentally disabled person as a boarder and patient.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. ADMISSIONS [6000 - 6008] ( Part 1 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 1. Voluntary Admissions to Mental Hospitals and Institutions [6000 - 6008] ( Chapter 1 added by Stats. 1967, Ch. 1667. ) ## 6000.5. Pursuant to Section 6000, the medical director of a state hospital for the developmentally disabled may receive in such hospital, as a boarder and patient, any developmentally disabled person as defined in Section 4512 who has been referred in accordance with Sections 4652, 4653, and 4803. (Amended by Stats. 1979, Ch. 373.)
  123. 6001.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. ADMISSIONS [6000 - 6008] ( Part 1 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 1. Voluntary Admissions to Mental Hospitals and Institutions [6000 - 6008] ( Chapter 1 added by Stats. 1967, Ch. 1667. )

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    Admissions to the listed institutes may be voluntary if the medical superintendent approves.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. ADMISSIONS [6000 - 6008] ( Part 1 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 1. Voluntary Admissions to Mental Hospitals and Institutions [6000 - 6008] ( Chapter 1 added by Stats. 1967, Ch. 1667. ) ## 6001. Admissions to the Langley Porter Neuropsychiatric Institute or to the Neuropsychiatric Institute, U.C.L.A. Medical Center, may be on a voluntary basis after approval by the medical superintendent of the clinic or institute, as the case may be. (Repealed and added by Stats. 1967, Ch. 1667.)
  124. 6002.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. ADMISSIONS [6000 - 6008] ( Part 1 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 1. Voluntary Admissions to Mental Hospitals and Institutions [6000 - 6008] ( Chapter 1 added by Stats. 1967, Ch. 1667. )

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    A person in charge of a qualifying private mental-health institution may admit suitable voluntary patients on written application, must send the required patient record to the State Department of State Hospitals after admission, and voluntary adult patients may leave by notice and normal departure procedures.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. ADMISSIONS [6000 - 6008] ( Part 1 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 1. Voluntary Admissions to Mental Hospitals and Institutions [6000 - 6008] ( Chapter 1 added by Stats. 1967, Ch. 1667. ) ## 6002. (a) The person in charge of a private institution, hospital, or clinic that is conducted for, or includes a department or unit conducted for, the care and treatment of persons who have mental health disorders may receive therein as a voluntary patient a person with a mental health disorder who is a suitable person for care and treatment in the institution, hospital, or clinic who voluntarily makes a written application to the person in charge for admission into the institution, hospital, or clinic and who is, at the time of making the application, mentally competent to make the application. A conservatee, with a conservator of the person, or person and estate, appointed under Chapter 3 (commencing with Section 5350) of Part 1 of Division 5, with the right as specified by court order under Section 5358 to place his conservatee, may be admitted upon written application by his or her conservator. (b) After the admission of a voluntary patient to a private institution, hospital, or clinic, the person in charge shall forward to the office of the State Department of State Hospitals a record of the voluntary patient showing all information required by rule by the department. (c) A voluntary adult patient may leave the hospital, clinic, or institution at any time by giving notice of his or her desire to leave to a member of the hospital staff and completing normal hospitalization departure procedures. A conservatee may leave in a like manner if notice is given by his or her conservator. (Amended by Stats. 2014, Ch. 144, Sec. 107. (AB 1847) Effective January 1, 2015.)
  125. 6002.10.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. ADMISSIONS [6000 - 6008] ( Part 1 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 1. Voluntary Admissions to Mental Hospitals and Institutions [6000 - 6008] ( Chapter 1 added by Stats. 1967, Ch. 1667. )

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    Certain licensed inpatient psychiatric facilities must set up admission procedures for minors who meet specified criteria.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. ADMISSIONS [6000 - 6008] ( Part 1 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 1. Voluntary Admissions to Mental Hospitals and Institutions [6000 - 6008] ( Chapter 1 added by Stats. 1967, Ch. 1667. ) ## 6002.10. A facility licensed under Chapter 2 (commencing with Section 1250) of Division 2 of the Health and Safety Code, to provide inpatient psychiatric treatment, excluding state hospitals and county hospitals, shall establish admission procedures for minors who meet the following criteria: (a) The minor is 14 years of age or older, and is under 18 years of age. (b) The minor is not legally emancipated. (c) The minor is not detained under Sections 5585.50 and 5585.53. (d) The minor is not voluntarily committed pursuant to Section 6552. (e) The minor has not been declared a dependent of the juvenile court pursuant to Section 300 or a ward of the court pursuant to Section 602. (f) The minor’s admitting diagnosis or condition is either of the following: (1) A mental health disorder only. Although resistance to treatment may be a product of a mental health disorder, the resistance shall not, in itself, imply the presence of a mental health disorder or constitute evidence that the minor meets the admission criteria. A minor shall not be considered to have a mental health disorder solely for exhibiting behaviors specified under Sections 601 and 602. (2) A mental health disorder and a substance abuse disorder. (Amended by Stats. 2014, Ch. 144, Sec. 108. (AB 1847) Effective January 1, 2015.)
  126. 6002.15.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. ADMISSIONS [6000 - 6008] ( Part 1 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 1. Voluntary Admissions to Mental Hospitals and Institutions [6000 - 6008] ( Chapter 1 added by Stats. 1967, Ch. 1667. )

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    Facilities must give parents or guardians a full treatment explanation before accepting written authorization, document it, and provide admission notices and a booklet to minors.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. ADMISSIONS [6000 - 6008] ( Part 1 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 1. Voluntary Admissions to Mental Hospitals and Institutions [6000 - 6008] ( Chapter 1 added by Stats. 1967, Ch. 1667. ) ## 6002.15. (a) Prior to accepting the written authorization for treatment, the facility shall assure that a representative of the facility has given a full explanation of the treatment philosophy of the facility, including, where applicable, the use of seclusion and restraint, the use of medication, and the degree of involvement of family members in the minor’s treatment to the parent, guardian or other person entitled to the minor’s custody. This explanation shall be given orally and in writing, and shall be documented in the minor’s treatment record upon completion. (b) As part of the admission process, the professional person responsible for the minor’s admission shall affirm in writing that the minor meets the admission criteria as specified above. (c) Upon admission, a facility specified in Section 6002.10 shall do all of the following: (1) Inform the minor in writing of the availability of an independent clinical review of his or her further inpatient treatment. The notice shall be witnessed and signed by an appropriate representative of the facility. (2) Within one working day, notify the patients’ rights advocate, as defined in Article 2 (commencing with Section 5540) of Chapter 5.2, regarding the admission of the minor. (3) Provide all minors with a booklet promulgated by the State Department of Health Care Services outlining the specific rights of minors in mental health facilities. The booklet shall include the phone number of the local advocate and the hours that he or she may be reached. (Amended by Stats. 2012, Ch. 34, Sec. 212. (SB 1009) Effective June 27, 2012.)
  127. 6002.20.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. ADMISSIONS [6000 - 6008] ( Part 1 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 1. Voluntary Admissions to Mental Hospitals and Institutions [6000 - 6008] ( Chapter 1 added by Stats. 1967, Ch. 1667. )

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    If a minor asks for an independent clinical review of continued inpatient treatment, the patients’ rights advocate must be told quickly and no later than one working day, and the advocate must help the minor with the review request.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. ADMISSIONS [6000 - 6008] ( Part 1 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 1. Voluntary Admissions to Mental Hospitals and Institutions [6000 - 6008] ( Chapter 1 added by Stats. 1967, Ch. 1667. ) ## 6002.20. (a) If the minor requests an independent clinical review of his or her continued inpatient treatment, the patients’ rights advocate shall be notified of the request, as soon as practical, but no later than one working day. The role of the advocate shall be to provide information and assistance to the minor relating to the minor’s right to obtain an independent clinical review to determine the appropriateness of placement within the facility. The advocate shall conduct his or her activities in a manner least disruptive to patient care in the facility. Nothing in this section shall be construed to limit, or expand, rights and responsibilities the advocate has pursuant to other provisions of law. (b) An independent review may be requested up to 10 days after admission. At any time the minor may rescind his or her request for a review. (Added by Stats. 1989, Ch. 1375, Sec. 3.)
  128. 6002.25.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. ADMISSIONS [6000 - 6008] ( Part 1 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 1. Voluntary Admissions to Mental Hospitals and Institutions [6000 - 6008] ( Chapter 1 added by Stats. 1967, Ch. 1667. )

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    Independent clinical reviews must be done by a qualified, neutral psychiatrist, and the facility and county behavioral health director must manage the reviewer list and approvals.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. ADMISSIONS [6000 - 6008] ( Part 1 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 1. Voluntary Admissions to Mental Hospitals and Institutions [6000 - 6008] ( Chapter 1 added by Stats. 1967, Ch. 1667. ) ## 6002.25. The independent clinical review shall be conducted by a licensed psychiatrist with training and experience in treating psychiatric adolescent patients, who is a neutral party to the review, having no direct financial relationship with the treating clinician, nor a personal or financial relationship with the patient, or his or her parents or guardian. Nothing in this section shall prevent a psychiatrist affiliated with a health maintenance organization, as defined in subdivision (b) of Section 1373.10 of the Health and Safety Code, from providing the independent clinical review where the admitting, treating, and reviewing psychiatrists are affiliated with a health maintenance organization that predominantly serves members of a prepaid health care service plan. The independent clinical reviewer shall be assigned, on a rotating basis, from a list prepared by the facility, and submitted to the county behavioral health director prior to March 1, 1990, and annually thereafter, or more frequently when necessary. The county behavioral health director shall, on an annual basis, or at the request of the facility, review the facility’s list of independent clinical reviewers. The county behavioral health director shall approve or disapprove the list of reviewers within 30 days of submission. If there is no response from the county behavioral health director, the facility’s list shall be deemed approved. If the county behavioral health director disapproves one or more of the persons on the list of reviewers, the county behavioral health director shall notify the facility in writing of the reasons for the disapproval. The county behavioral health director, in consultation with the facility, may develop a list of one or more additional reviewers within 30 days. The final list shall be mutually agreeable to the county behavioral health director and the facility. Sections 6002.10 to 6002.40, inclusive, shall not be construed to prohibit the treatment of minors prior to the existence of an approved list of independent clinical reviewers. The independent clinical reviewer may be an active member of the medical staff of the facility who has no direct financial relationship, including, but not limited to, an employment or other contract arrangement with the facility except for compensation received for the service of providing clinical reviews. (Amended by Stats. 2015, Ch. 455, Sec. 47. (SB 804) Effective January 1, 2016.)
  129. 6002.30.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. ADMISSIONS [6000 - 6008] ( Part 1 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 1. Voluntary Admissions to Mental Hospitals and Institutions [6000 - 6008] ( Chapter 1 added by Stats. 1967, Ch. 1667. )

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    This section sets rules for an independent clinical review of a minor’s inpatient treatment, including what information must be considered, the minor’s participation rights, privacy, and timing.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. ADMISSIONS [6000 - 6008] ( Part 1 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 1. Voluntary Admissions to Mental Hospitals and Institutions [6000 - 6008] ( Chapter 1 added by Stats. 1967, Ch. 1667. ) ## 6002.30. (a) All reasonably available clinical information which is relevant to establishing whether the minor meets the admission criteria pursuant to subdivision (d) of Section 6002.35 shall be considered by the psychiatrist conducting the review. In considering the information presented, the psychiatrist conducting the review shall privately interview the minor, and shall consult the treating clinician to review alternative treatment options which may be suitable for the minor’s mental disorder. (b) If the minor has received medication while an inpatient, the person conducting the review shall be informed of that fact and of the probable effects of the medication. The person presenting the clinical information in favor of inpatient treatment shall also inform the psychiatrist conducting the review of the proposed treatment plan for the minor, and, if known, whether the minor has had any previous independent clinical review at any facility, and the results of that service. (c) The standard of review shall be whether the minor continues to have a mental disorder, whether further inpatient treatment is reasonably likely to be beneficial to the minor’s mental disorder, or whether the placement in the facility represents the least restrictive, most appropriate available setting, within the constraints of reasonably available services, facilities, resources, and financial support, in which to treat the minor. (d) The review shall take place within five days of the request. (e) At the review, the minor shall have the right to be present, to be assisted by the advocate, and to question persons recommending inpatient treatment. If the minor is unwilling to attend, the review shall be held in his or her absence with the advocate representing the minor. (f) The location of the independent clinical review shall be compatible with, and least disruptive of, the treatment being provided to the minor. Independent clinical reviews shall be conducted at the facility where the minor is treated. The review shall be situated in a location which ensures privacy. (g) The independent clinical review shall be held in an informal setting so as to minimize the anxiety of both parents and minors and promote cooperation and communication among all interested parties. All parties shall make a reasonable effort to speak in terms the minor can understand and shall explain any terminology with which he or she may not be familiar. (h) The review may be closed to anyone other than the minor, his or her parents or legal guardian, a representative of the facility, the minor’s advocate, the psychiatrist conducting the review and the person presenting information in favor of, or opposition to, the inpatient treatment. The person conducting the review shall have discretion to limit the number of participants and shall keep participants to the minimum time necessary to relate the needed information. (i) No party shall have legal representation in the review process. (j) If any of the parties to the independent clinical review do not comprehend the language used at the independent clinical review, it shall be the responsibility of the psychiatrist conducting the independent clinical review to retain an interpreter. (Added by Stats. 1989, Ch. 1375, Sec. 5.)
  130. 6002.35.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. ADMISSIONS [6000 - 6008] ( Part 1 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 1. Voluntary Admissions to Mental Hospitals and Institutions [6000 - 6008] ( Chapter 1 added by Stats. 1967, Ch. 1667. )

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    The reviewing psychiatrist must keep a record and make a binding decision. If further inpatient treatment is beneficial and the facility is the least restrictive appropriate setting, the minor’s inpatient treatment is authorized. If not, the minor must be released the same day to a custodial parent or guardian.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. ADMISSIONS [6000 - 6008] ( Part 1 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 1. Voluntary Admissions to Mental Hospitals and Institutions [6000 - 6008] ( Chapter 1 added by Stats. 1967, Ch. 1667. ) ## 6002.35. (a) It shall be the responsibility of the psychiatrist conducting the independent clinical review to keep a record of the proceeding. (b) After considering all the clinical information, the psychiatrist conducting the review shall render a binding decision. If he or she determines that further inpatient treatment is reasonably likely to be beneficial to the minor’s disorder and placement in the facility represents the least restrictive, most appropriate available setting in which to treat the minor, the minor’s inpatient treatment shall be authorized. (c) If the psychiatrist conducting the review determines that the admission criteria have been met, this determination shall terminate when the minor is discharged from the facility. (d) If the psychiatrist conducting the clinical review determines that further inpatient treatment in the facility is not reasonably likely to be beneficial to the minor’s mental disorder or does not represent the least restrictive, most appropriate available setting in which to treat the minor, the minor shall be released from the facility to a custodial parent or guardian on the same day the determination was made. Except as provided in Section 43.92 of the Civil Code, upon the minor’s release, neither the attending psychiatrist, any licensed health professional providing treatment to the minor in the facility, the psychiatrist who releases the minor pursuant to this section, nor the facility in which the minor was admitted or treated shall be civilly or criminally liable for any conduct of the released minor, a parent, legal guardian, or other persons entitled to custody of the minor. (Added by Stats. 1989, Ch. 1375, Sec. 6.)
  131. 6002.40.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. ADMISSIONS [6000 - 6008] ( Part 1 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 1. Voluntary Admissions to Mental Hospitals and Institutions [6000 - 6008] ( Chapter 1 added by Stats. 1967, Ch. 1667. )

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    Certain insurers or plans must pay clinical review costs for covered private mental health treatment, and mental health facilities must file annual information with the state department.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. ADMISSIONS [6000 - 6008] ( Part 1 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 1. Voluntary Admissions to Mental Hospitals and Institutions [6000 - 6008] ( Chapter 1 added by Stats. 1967, Ch. 1667. ) ## 6002.40. (a) For any insurance contracts entered into after January 1, 1990, where any private insurer, certified medical plan, or private health service plan is liable to pay or reimburse a professional provider or institutional provider for the costs of medically necessary mental health services provided to the patient, the costs of the clinical review required by Sections 6002.10 to 6002.40, inclusive, including, but not limited to, the costs of the interpreter, if any, and the costs of the patients’ rights advocate, shall be borne by the insurer, certified medical plan, or the health service plan. Payments to providers for the costs of the independent clinical review shall be made promptly. For Medi-Cal eligible patients placed in these private facilities, the costs of the clinical review required by Sections 6002.10 to 6002.40, inclusive, including the costs of the patients rights advocate, shall be borne by the county. (b) The Legislature intends that Sections 6002.10 to 6002.40, inclusive, affect only the rights of minors confined in private mental health facilities on the consent of their parents or guardians, where the costs of treatment are paid or reimbursed by a private insurer or private health service plan. (c) Mental health facilities shall summarize on an annual basis, information including, but not limited to, the number of minors admitted by diagnosis, length of stay, and source of payment, the number of requests for an independent clinical review by diagnosis, source of payment, and outcome of the independent clinical review and submit this information to the State Department of Health Care Services. The State Department of Public Health shall monitor compliance of this section during an inspection of the facility pursuant to Sections 1278 and 1279 of the Health and Safety Code. (Amended by Stats. 2012, Ch. 34, Sec. 213. (SB 1009) Effective June 27, 2012.)
  132. 6003.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. ADMISSIONS [6000 - 6008] ( Part 1 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 1. Voluntary Admissions to Mental Hospitals and Institutions [6000 - 6008] ( Chapter 1 added by Stats. 1967, Ch. 1667. )

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    This section defines “county psychiatric hospital” for this article as a county-provided hospital, ward, or facility under Section 7100.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. ADMISSIONS [6000 - 6008] ( Part 1 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 1. Voluntary Admissions to Mental Hospitals and Institutions [6000 - 6008] ( Chapter 1 added by Stats. 1967, Ch. 1667. ) ## 6003. As used in this article, “county psychiatric hospital” means the hospital, ward, or facility provided by the county pursuant to the provisions of Section 7100. (Repealed and added by Stats. 1967, Ch. 1667.)
  133. 6003.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. ADMISSIONS [6000 - 6008] ( Part 1 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 1. Voluntary Admissions to Mental Hospitals and Institutions [6000 - 6008] ( Chapter 1 added by Stats. 1967, Ch. 1667. )

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    This section defines “county psychiatric health facility” as a county-provided 24-hour acute care facility.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. ADMISSIONS [6000 - 6008] ( Part 1 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 1. Voluntary Admissions to Mental Hospitals and Institutions [6000 - 6008] ( Chapter 1 added by Stats. 1967, Ch. 1667. ) ## 6003.1. As used in this article, county psychiatric health facility means a 24-hour acute care facility provided by the county pursuant to the provisions in Sections 5404 and 7100. (Amended by Stats. 1996, Ch. 245, Sec. 3. Effective July 22, 1996.)
  134. 6003.2.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. ADMISSIONS [6000 - 6008] ( Part 1 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 1. Voluntary Admissions to Mental Hospitals and Institutions [6000 - 6008] ( Chapter 1 added by Stats. 1967, Ch. 1667. )

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    In this article, “county psychiatric hospital” means the same thing as “psychiatric health facility.”

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. ADMISSIONS [6000 - 6008] ( Part 1 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 1. Voluntary Admissions to Mental Hospitals and Institutions [6000 - 6008] ( Chapter 1 added by Stats. 1967, Ch. 1667. ) ## 6003.2. Wherever in this article the term “county psychiatric hospital” appears, such term shall be interchangeable with the term “psychiatric health facility.” (Added by Stats. 1978, Ch. 1234.)
  135. 6004.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. ADMISSIONS [6000 - 6008] ( Part 1 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 1. Voluntary Admissions to Mental Hospitals and Institutions [6000 - 6008] ( Chapter 1 added by Stats. 1967, Ch. 1667. )

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    The county psychiatric hospital superintendent or person in charge may admit, care for, or treat a person only if the person applies in writing and is suitable for care, treatment, or observation; adults must be competent to apply, and minors or conservatees need applications made by the specified representative.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. ADMISSIONS [6000 - 6008] ( Part 1 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 1. Voluntary Admissions to Mental Hospitals and Institutions [6000 - 6008] ( Chapter 1 added by Stats. 1967, Ch. 1667. ) ## 6004. The superintendent or person in charge of the county psychiatric hospital may receive, care for, or treat in the hospital any person who voluntarily makes a written application to the superintendent or person in charge thereof for admission into the hospital for care, treatment, or observation, and who is a suitable person for care, treatment, or observation, and who in the case of an adult person is in such condition of mind, at the time of making application for admission, as to render him competent to make such application. In the case of a minor person, the application shall be made by his parents, or by the parent, guardian, or other person entitled to his custody. A conservatee, with a conservator of the person, or person and estate, appointed under Chapter 3 (commencing with Section 5350) of Part 1 of Division 5, with the right as specified by court order under Section 5358 to place his conservatee, may be admitted upon written application by his conservator. (Amended by Stats. 1970, Ch. 516.)
  136. 6005.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. ADMISSIONS [6000 - 6008] ( Part 1 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 1. Voluntary Admissions to Mental Hospitals and Institutions [6000 - 6008] ( Chapter 1 added by Stats. 1967, Ch. 1667. )

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    Voluntary adult patients may leave a hospital or institution after giving notice and completing normal departure procedures. Conservatees may leave the same way if notice is given by the conservator. Minor voluntary patients may leave after notice from a parent, guardian, or other custodian is given to the superintendent or person in charge, and after completing normal departure procedures.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. ADMISSIONS [6000 - 6008] ( Part 1 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 1. Voluntary Admissions to Mental Hospitals and Institutions [6000 - 6008] ( Chapter 1 added by Stats. 1967, Ch. 1667. ) ## 6005. A voluntary adult patient may leave the hospital or institution at any time by giving notice of his desire to leave to any member of the hospital staff and completing normal hospitalization departure procedures. A conservatee may leave in a like manner if notice is given by his conservator. A minor person who is a voluntary patient may leave the hospital or institution after completing normal hospitalization departure procedures after notice is given to the superintendent or person in charge by the parents, or the parent, guardian, or other person entitled to the custody of the minor, of their desire to remove him from the hospital. (Repealed and added by Stats. 1967, Ch. 1667.)
  137. 6006.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. ADMISSIONS [6000 - 6008] ( Part 1 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 1. Voluntary Admissions to Mental Hospitals and Institutions [6000 - 6008] ( Chapter 1 added by Stats. 1967, Ch. 1667. )

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    Voluntary patients in certain mental hospitals and institutions have rights to needed care and to the full patient rights listed elsewhere in the code.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. ADMISSIONS [6000 - 6008] ( Part 1 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 1. Voluntary Admissions to Mental Hospitals and Institutions [6000 - 6008] ( Chapter 1 added by Stats. 1967, Ch. 1667. ) ## 6006. A person admitted as a voluntary patient to a state hospital, a private mental institution, or a county psychiatric hospital shall have the following rights in addition to the right to leave such hospital as specified in this chapter: (a) He shall receive such care and treatment as his condition requires for the full period that he is a patient; (b) He shall have the full patient rights specified in Article 7 (commencing with Section 5325) of Chapter 2 of Part 1 of Division 5 of this code. (Amended by Stats. 1968, Ch. 1374.)
  138. 6007.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. ADMISSIONS [6000 - 6008] ( Part 1 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 1. Voluntary Admissions to Mental Hospitals and Institutions [6000 - 6008] ( Chapter 1 added by Stats. 1967, Ch. 1667. )

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    People detained under this section must be evaluated by the county-designated, state-approved facility, and may be released after evaluation unless they choose to stay voluntarily.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. ADMISSIONS [6000 - 6008] ( Part 1 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 1. Voluntary Admissions to Mental Hospitals and Institutions [6000 - 6008] ( Chapter 1 added by Stats. 1967, Ch. 1667. ) ## 6007. (a) Any person detained pursuant to this section shall be evaluated by the facility designated by the county and approved by the State Department of Health Care Services pursuant to Section 5150 as a facility for 72-hour treatment and evaluation. The evaluation shall be made at the request of the person in charge of the private institution in which the person is detained or by one of the physicians who signed the certificate. If in the opinion of the professional person in charge of the evaluation and treatment facility or his or her designee, the evaluation of the person can be made by the professional person or his or her designee at the private institution in which the person is detained, the person shall not be required to be evaluated at the evaluation and treatment facility, but shall be evaluated at the private institution to determine if the person is a danger to others, himself or herself, or gravely disabled as a result of mental disorder. (b) Any person evaluated under this section shall be released from the private institution immediately upon completion of the evaluation if in the opinion of the professional person in charge of the evaluation and treatment facility, or his or her designee, the person evaluated is not a danger to others, or to himself or herself, or gravely disabled as a result of mental disorder, unless the person agrees voluntarily to remain in the private institution. (c) If in the opinion of the professional person in charge of the facility or his or her designee, the person evaluated requires intensive treatment or recommendation for conservatorship, the professional person or his or her designee shall proceed under Article 4 (commencing with Section 5250) of Chapter 2, or under Chapter 3 (commencing with Section 5350), of Part 1 of Division 5. (Amended by Stats. 2013, Ch. 23, Sec. 52. (AB 82) Effective June 27, 2013.)
  139. 6008.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. ADMISSIONS [6000 - 6008] ( Part 1 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 1. Voluntary Admissions to Mental Hospitals and Institutions [6000 - 6008] ( Chapter 1 added by Stats. 1967, Ch. 1667. )

    Verify source ↗

    A conservatee with the required conservator and court-ordered authority may be admitted to a U.S. government hospital on the conservator’s written application, and a conservatee already admitted may leave after notice is given and normal departure procedures are completed.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 1. ADMISSIONS [6000 - 6008] ( Part 1 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 1. Voluntary Admissions to Mental Hospitals and Institutions [6000 - 6008] ( Chapter 1 added by Stats. 1967, Ch. 1667. ) ## 6008. For the purposes of this part, a person who is a conservatee with a conservator of the person or of the person and estate appointed under Chapter 3 (commencing with Section 5350) of Part 1 of Division 5 with the right as specified by court order under Section 5358 to place his conservatee in a hospital of the United States government, may be admitted to such a hospital upon written application made by his conservator. A conservatee so admitted to such a hospital may leave the hospital at any time after his conservator gives notice to a member of the hospital staff that the conservatee is leaving and normal hospitalization departure procedures are completed by the conservator or by the conservator and conservatee. (Amended by Stats. 1970, Ch. 516.)
  140. 601.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 14. Wards—Jurisdiction [601 - 608] ( Heading of Article 14 renumbered from Article 5 by Stats. 1976, Ch. 1068. )

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    This section lets the juvenile court take jurisdiction over certain 12- to 17-year-olds for truancy, curfew violations, or persistent disobedience, and it limits how some truancy-only wards may be held and contacted.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 14. Wards—Jurisdiction [601 - 608] ( Heading of Article 14 renumbered from Article 5 by Stats. 1976, Ch. 1068. ) ## 601. (a) Any minor between 12 years of age and 17 years of age, inclusive, who persistently or habitually refuses to obey the reasonable and proper orders or directions of the minor’s parents, guardian, or custodian, or who is beyond the control of that person, or who is a minor between 12 years of age and 17 years of age, inclusive, when the minor violated any ordinance of any city or county of this state establishing a curfew based solely on age is within the jurisdiction of the juvenile court which may adjudge the minor to be a ward of the court. (b) If a minor between 12 years of age and 17 years of age, inclusive, has four or more truancies within one school year as defined in Section 48260 of the Education Code or a school attendance review board or probation officer determines that the available public and private services are insufficient or inappropriate to correct the habitual truancy of the minor, or if the minor fails to respond to directives of a school attendance review board or probation officer or to services provided, the minor is then within the jurisdiction of the juvenile court which may adjudge the minor to be a ward of the court pursuant to this section. However, it is the intent of the Legislature that a minor who is described in this subdivision, adjudged a ward of the court pursuant solely to this subdivision, or found in contempt of court for failure to comply with a court order pursuant to this subdivision, shall not be held in a secure facility and shall not be removed from the custody of the parent or guardian except for the purposes of school attendance. (c) To the extent practically feasible, a minor who is adjudged a ward of the court pursuant to this section shall not be permitted to come into or remain in contact with any minor ordered to participate in a truancy program, or the equivalent thereof, pursuant to Section 602. (d) Any peace officer may issue a notice to appear to a minor who is within the jurisdiction of the juvenile court pursuant to this section. Before issuing a notice to appear under this subdivision, a peace officer shall refer a minor who is within the jurisdiction of this section to a community-based resource, the probation department, a health agency, a local educational agency, or other governmental entities that may provide services. (Amended by Stats. 2020, Ch. 323, Sec. 7. (AB 901) Effective January 1, 2021.)
  141. 601.2.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 14. Wards—Jurisdiction [601 - 608] ( Heading of Article 14 renumbered from Article 5 by Stats. 1976, Ch. 1068. )

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    If a parent, guardian, or person in charge of a minor does not respond to school attendance review board directives or services, the board must refer the minor to probation or county welfare and may require the school district to file a complaint.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 14. Wards—Jurisdiction [601 - 608] ( Heading of Article 14 renumbered from Article 5 by Stats. 1976, Ch. 1068. ) ## 601.2. In the event that a parent or guardian or person in charge of a minor described in Section 48264.5 of the Education Code fails to respond to directives of the school attendance review board or to services offered on behalf of the minor, the school attendance review board shall direct that the minor be referred to the probation department or to the county welfare department under Section 300, and the school attendance review board may require the school district to file a complaint against the parent, guardian, or other person in charge of such minor as provided in Section 48291 or Section 48454 of the Education Code. (Amended by Stats. 1994, Ch. 1023, Sec. 8. Effective January 1, 1995.)
  142. 601.3.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 14. Wards—Jurisdiction [601 - 608] ( Heading of Article 14 renumbered from Article 5 by Stats. 1976, Ch. 1068. )

    Verify source ↗

    The district attorney or probation officer may call a truancy meeting with the parents or guardians and the child, and must give warning before the meeting that statements may be used in later court proceedings.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 14. Wards—Jurisdiction [601 - 608] ( Heading of Article 14 renumbered from Article 5 by Stats. 1976, Ch. 1068. ) ## 601.3. (a) If the district attorney or the probation officer receives notice from the school district pursuant to subdivision (b) of Section 48260.6 of the Education Code that a minor continues to be classified as a truant after the parents or guardians have been notified pursuant to subdivision (a) of Section 48260.5 of the Education Code, or if the district attorney or the probation officer receives notice from the school attendance review board, or the district attorney receives notice from the probation officer, pursuant to subdivision (a) of Section 48263.5 of the Education Code that a minor continues to be classified as a truant after review and counseling by the school attendance review board or probation officer, the district attorney or the probation officer, or both, may request the parents or guardians and the child to attend a meeting in the district attorney’s office or at the probation department to discuss the possible legal consequences of the minor’s truancy. (b) Notice of a meeting to be held pursuant to this section shall contain all of the following: (1) The name and address of the person to whom the notice is directed. (2) The date, time, and place of the meeting. (3) The name of the minor classified as a truant. (4) The section pursuant to which the meeting is requested. (5) Notice that the district attorney may file a criminal complaint against the parents or guardians pursuant to Section 48293 of the Education Code for failure to compel the attendance of the minor at school. (c) Notice of a meeting to be held pursuant to this section shall be served at least five days prior to the meeting on each person required to attend the meeting. Service shall be made personally or by certified mail with return receipt requested. (d) At the commencement of the meeting authorized by this section, the district attorney or the probation officer shall advise the parents or guardians and the child that any statements they make could be used against them in subsequent court proceedings. (e) Upon completion of the meeting authorized by this section, the probation officer or the district attorney, after consultation with the probation officer, may file a petition pursuant to Section 601 if the district attorney or the probation officer determines that available community resources cannot resolve the truancy problem, or if the pupil or the parents or guardians of the pupil, or both, have failed to respond to services provided or to the directives of the school, the school attendance review board, the probation officer, or the district attorney. (f) The truancy mediation program authorized by this section may be established by the district attorney or by the probation officer. The district attorney and the probation officer shall coordinate their efforts and shall cooperate in determining whether another public agency, a community-based organization, the probation department, or the district attorney is best able to operate a truancy mediation program in their county pursuant to this section. (Amended by Stats. 2020, Ch. 323, Sec. 8. (AB 901) Effective January 1, 2021.)
  143. 601.4.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 14. Wards—Jurisdiction [601 - 608] ( Heading of Article 14 renumbered from Article 5 by Stats. 1976, Ch. 1068. )

    Verify source ↗

    A juvenile court judge may be assigned to act as a superior court judge for certain complaints about a minor’s Section 48293 Education Code violation, and the case may be handled together with related parent or guardian proceedings.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 14. Wards—Jurisdiction [601 - 608] ( Heading of Article 14 renumbered from Article 5 by Stats. 1976, Ch. 1068. ) ## 601.4. (a) The juvenile court judge may be assigned to sit as a superior court judge to hear any complaint alleging that a parent, guardian, or other person having control or charge of a minor has violated Section 48293 of the Education Code. The jurisdiction of the juvenile court granted by this section shall not be exclusive and the charge may be prosecuted instead in a superior court. However, upon motion, that action shall be transferred to the juvenile court. (b) Notwithstanding Section 737 of the Penal Code, a violation of Section 48293 of the Education Code may be prosecuted pursuant to subdivision (a), by written complaint filed in the same manner as an infraction may be prosecuted. The juvenile court judge, sitting as a superior court judge, may coordinate the action involving the minor with any action involving the parent, guardian, or other person having control or charge of the minor. Both matters may be heard and decided at the same time unless the parent, guardian, other person having control or charge of the minor, or any member of the press or public objects to a closed hearing of the proceedings charging violation of Section 48293 of the Education Code. (Amended by Stats. 2002, Ch. 784, Sec. 612. Effective January 1, 2003.)
  144. 601.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 14. Wards—Jurisdiction [601 - 608] ( Heading of Article 14 renumbered from Article 5 by Stats. 1976, Ch. 1068. )

    Verify source ↗

    Counties may create an At-Risk Youth Early Intervention Program, and participating programs must use referral centers, service plans, and court/probation coordination for eligible minors.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 14. Wards—Jurisdiction [601 - 608] ( Heading of Article 14 renumbered from Article 5 by Stats. 1976, Ch. 1068. ) ## 601.5. (a) Any county may, upon adoption of a resolution by the board of supervisors, establish an At-Risk Youth Early Intervention Program designed to assess and serve families with children who have chronic behavioral problems that place the child at risk of becoming a ward of the juvenile court under Section 601 or 602. The purpose of the program is to provide a swift and local service response to youth behavior problems so that future involvement with the justice system may be avoided. (b) The At-Risk Youth Early Intervention Program shall be designed and developed by a collaborative group which shall include representatives of the juvenile court, the probation department, the district attorney, the public defender, the county department of social services, the county education department, county health and mental health agencies, and local and community-based youth and family service providers. (c) The At-Risk Youth Early Intervention Program shall include one or more neighborhood-based Youth Referral Centers for at-risk youth and their families. These Youth Referral Centers shall be flexibly designed by each participating county to serve the local at-risk youth population with family assessments, onsite services, and referrals to offsite services. The operator of a Youth Referral Center may be a private nonprofit community-based agency or a public agency, or both. A center shall be staffed by youth and family service counselors who may be public or private employees and who shall be experienced in dealing with at-risk youth who are eligible for the program, as described in subdivision (d). The center may also be staffed as a collaborative service model involving onsite youth and family counselors, probation officers, school representatives, health and mental health practitioners, or other service providers. A center shall be located at one or more community sites that are generally accessible to at-risk youth and families and shall be open during daytime, evening, and weekend hours, as appropriate, based upon local service demand and resources available to the program. (d) A minor may be referred to a Youth Referral Center by a parent or guardian, a law enforcement officer, a probation officer, a child welfare agency, or a school, or a minor may self-refer. A minor may be referred to the program if the minor is at least 10 years of age and is believed by the referring source to be at risk of justice system involvement due to chronic disobedience to parents, curfew violations, repeat truancy, incidents of running away from home, experimentation with drugs or alcohol, or other serious behavior problems. Whenever a minor is referred to the program, the Youth Referral Center shall make an initial determination as to whether the minor is engaged in a pattern of at-risk behavior likely to result in future justice system involvement, and, if satisfied that the minor is significantly at risk, the center shall initiate a family assessment. The family assessment shall identify the minor’s behavioral problem, the family’s circumstances and relationship to the problem, and the needs of the minor or the family in relation to the behavioral problem. The assessment shall be performed using a risk and needs assessment instrument, based on national models of successful youth risk and needs assessment instruments and utilizing objective assessment criteria, as appropriate for the clientele served by the program. At a minimum, the assessment shall include information drawn from interviews with the minor and with the parents or other adults having custody of the minor, and it shall include information on the minor’s probation, school, health, and mental health status to the extent such information may be available and accessible. (e) If the Youth Referral Center confirms upon assessment that the minor is at significant risk of future justice system involvement and that the minor may benefit from referral to services, the Youth Referral Center staff shall work with the minor and the parents to produce a written service plan to be implemented over a period of up to six months. The plan shall identify specific programs or services that are recommended by the center and are locally available to the minor and the family as a means of addressing the behavior problems that led to the referral. The plan may include a requirement that the minor obey reasonable rules of conduct at home or in school including reasonable home curfew and school attendance rules, while the service plan is being implemented. The plan may also require, as a condition of further participation in the program, that a parent or other family member engage in counseling, parenting classes, or other relevant activities. To the extent possible given available resources, the staff at the Youth Referral Center shall facilitate compliance with the service plan by assisting the minor and the family in making appointments with service providers, by responding to requests for help by the minor or the parent as they seek to comply with the plan, and by monitoring compliance until the plan is completed. (f) (1) The caseworker at the Youth Referral Center shall explain the service plan to the minor and the parents and, prior to any referral to services, the minor and the parents shall agree to the plan. The minor and the parents shall be informed that the minor’s failure to accept or to cooperate with the service plan may result in the filing of a petition and a finding of wardship under Section 601. (2) With the cooperation of the collaborative group described in subdivision (b), the Youth Referral Center shall review youth and family services offered within its local service area and shall identify providers, programs, and services that are available for referral of minors and parents under this section. Providers to which minors and parents may be referred under this section may be public or private agencies or individuals offering counseling, health, educational, parenting, mentoring, community service, skill-building, and other relevant services that are considered likely to resolve the behavioral problems that are referred to the center. (g) (1) Unless the probation department is directly operating and staffing the Youth Referral Center, the probation department shall designate one or more probation officers to serve as liaison to a Youth Referral Center for the purpose of facilitating and monitoring compliance with service plans established in individual cases by the center. (2) If, upon consultation with the minor’s parents and with providers designated in the service plan, the supervising caseworker at the center and the liaison probation officer agree that the minor has willfully, significantly, and repeatedly failed to cooperate with the service plan, the minor shall be referred to the probation department which shall verify the failure and, upon verification, shall file a petition seeking to declare the minor a ward of the juvenile court under subdivision (a) of Section 601. No minor shall be referred to the probation department for the filing of a petition under this subdivision until at least 90 days have elapsed after the first attempt to implement the service plan. No minor shall be subject to filing of a petition under this subdivision for a failure to complete the service plan which is due principally to an inability of the minor or the family to pay for services listed in the service plan. (3) If, within 180 days of the start of the service plan, the minor and the family have substantially completed the service plan and the minor’s behavior problem appears to have been resolved, the center shall notify the probation department that the plan has been successfully completed. (h) If a petition to declare the minor a ward of the juvenile court under subdivision (a) of Section 601 has been filed by the probation officer under this section, the court shall review the petition and any other facts which the court deems appropriate in relation to the minor’s alleged failure to comply with the service plan described in subdivision (e). Based upon this review, the court may continue any hearing on the petition for up to six months so that the minor and the minor’s parents may renew their efforts to comply with the service plan under court supervision. During the period in which the hearing is continued, the court may order that the minor and the parent cooperate with the service plan designed by the Youth Referral Center, or the court may modify the service plan or may impose additional conditions upon the minor or the parents as may be appropriate to encourage resolution of the behavior problems that led to the filing of the petition. The court shall, during the period of continuance, periodically review compliance with the extended service plan through reports from the probation officer or by calling the parties back into court, based upon a review schedule deemed appropriate by the court. (i) The juvenile court of any county participating in the At-Risk Youth Early Intervention Program shall designate a judicial officer to serve as a liaison to the program in order to participate in the development of the program and to coordinate program operations with the juvenile court. The liaison judicial officer may be designated by the juvenile court as the principal judicial officer assigned to review and hear petitions filed under this section, or if the court does not elect to designate a principal judicial officer to hear these cases, the juvenile court shall take steps to train or familiarize other judicial officers reviewing or hearing these cases as to the operations, procedures, and services of the At-Risk Youth Early Intervention Program. (Added by Stats. 1997, Ch. 909, Sec. 1. Effective January 1, 1998.)
  145. 602.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 14. Wards—Jurisdiction [601 - 608] ( Heading of Article 14 renumbered from Article 5 by Stats. 1976, Ch. 1068. )

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    This section says which minors fall under juvenile court jurisdiction, and lets the court adjudge them wards of the court in those cases.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 14. Wards—Jurisdiction [601 - 608] ( Heading of Article 14 renumbered from Article 5 by Stats. 1976, Ch. 1068. ) ## 602. (a) Except as provided in Section 707, any minor who is between 12 years of age and 17 years of age, inclusive, when he or she violates any law of this state or of the United States or any ordinance of any city or county of this state defining crime other than an ordinance establishing a curfew based solely on age, is within the jurisdiction of the juvenile court, which may adjudge the minor to be a ward of the court. (b) Any minor who is under 12 years of age when he or she is alleged to have committed any of the following offenses is within the jurisdiction of the juvenile court, which may adjudge the minor to be a ward of the court: (1) Murder. (2) Rape by force, violence, duress, menace, or fear of immediate and unlawful bodily injury. (3) Sodomy by force, violence, duress, menace, or fear of immediate and unlawful bodily injury. (4) Oral copulation by force, violence, duress, menace, or fear of immediate and unlawful bodily injury. (5) Sexual penetration by force, violence, duress, menace, or fear of immediate and unlawful bodily injury. (Amended by Stats. 2018, Ch. 1006, Sec. 2. (SB 439) Effective January 1, 2019. Note: This section was amended November 8, 2016, by initiative Proposition 57.)
  146. 602.05.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 14. Wards—Jurisdiction [601 - 608] ( Heading of Article 14 renumbered from Article 5 by Stats. 1976, Ch. 1068. )

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    This section limits how long certain wards can stay on probation and sets hearing and reporting rules if probation is extended.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 14. Wards—Jurisdiction [601 - 608] ( Heading of Article 14 renumbered from Article 5 by Stats. 1976, Ch. 1068. ) ## 602.05. (a) A minor adjudged to be a ward of the court pursuant to Section 601 or 602 who is subject to an order of probation pursuant to Section 727, with or without supervision of the probation officer, shall not remain on probation for a period that exceeds 12 months from the most recent disposition hearing, except as specified in subdivision (b). Nothing in this section shall preclude the court from holding progress review hearings at any point prior to 12 months from the most recent disposition hearing. (b) A court may extend the probation period after a noticed hearing and upon proof by a preponderance of the evidence that it is in the ward’s and the public’s best interest, consistent with Section 202. (1) At the noticed hearing, the probation agency shall submit a report to the court detailing the basis for any request to extend probation. (2) The court shall provide the ward and the prosecuting attorney with the opportunity to present relevant evidence. The court has discretion to receive evidence by testimony, declaration, and other documentary evidence. (3) In cases in which the court finds by a preponderance of the evidence a basis for extending probation, the court shall state the reasons for the findings orally on the record. The court shall also set forth the reasons in an order entered upon the minutes if requested by either party or when the proceedings are not being recorded electronically or reported by a court reporter. (4) If the court finds good cause to continue the noticed hearing, probation shall continue until completion of the noticed hearing, provided that continuance shall be for only as long as necessary. (c) If the court extends probation at the noticed hearing, the court shall schedule and hold subsequent noticed hearings for the ward pursuant to subdivision (b) not less frequently than every six months for the remainder of the wardship period. (d) This section does not preclude termination of a ward’s probation before the end of a twelve-month period. (e) Prior to terminating jurisdiction over a youth who is described by subdivision (a) of Section 607.2, the court shall comply with the provisions of Section 607.2. (f) This section does not apply to any ward whom the court ordered the care, custody, and control of the minor or nonminor to be under the supervision of the probation officer pursuant to paragraph (3) of subdivision (a) of Section 727 for placement except that the requirement to comply with the provisions of Section 607.2 shall not be the sole basis for continuing an order imposing terms and conditions of probation, as referenced in subdivision (b) of Section 730. If the court retains jurisdiction pursuant to this subdivision, the ward shall not be subject to a petition pursuant to Section 777 or a violation of probation. (g) This section does not apply to a ward while serving a custodial commitment to a juvenile hall, juvenile home, ranch, camp, or forestry camp pursuant to Section 730. (h) This section does not apply to any ward who is transferred from a secure youth treatment facility to a less restrictive program pursuant to paragraph (2) of subdivision (f) of Section 875 or to any ward who is discharged from a secure youth treatment facility pursuant to a probation discharge hearing described in subdivision (e) of Section 875. (Added by Stats. 2025, Ch. 575, Sec. 2. (AB 1376) Effective January 1, 2026.)
  147. 602.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 14. Wards—Jurisdiction [601 - 608] ( Heading of Article 14 renumbered from Article 5 by Stats. 1976, Ch. 1068. )

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    Counties must use the least restrictive responses for minors under 12 when they come to law enforcement’s attention, and usually release the child to a parent, guardian, or caregiver.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 14. Wards—Jurisdiction [601 - 608] ( Heading of Article 14 renumbered from Article 5 by Stats. 1976, Ch. 1068. ) ## 602.1. (a) In order to ensure the safety and well-being of minors who are under 12 years of age and whose behavior would otherwise bring them within the jurisdiction of the juvenile court pursuant to Section 601 or 602, it is the intent of the Legislature that counties pursue appropriate measures to serve and protect a child only as needed, avoiding any intervention whenever possible, and using the least restrictive alternatives through available school-, health-, and community-based services. It is the intent of the Legislature that counties use existing funding for behavioral health, mental health, or other available existing funding sources to provide the alternative services required by this section. (b) Except as provided in subdivision (b) of Section 602, when a minor under 12 years of age comes to the attention of law enforcement because his or her behavior or actions are as described in Section 601 or 602, the response of the county shall be to release the minor to his or her parent, guardian, or caregiver. Counties shall develop a process for determining the least restrictive responses that may be used instead of, or in addition to, the release of the minor to his or her parent, guardian, or caregiver. (c) This section shall become operative on January 1, 2020. (Added by Stats. 2018, Ch. 1006, Sec. 3. (SB 439) Effective January 1, 2019. Section operative January 1, 2020, by its own provisions.)
  148. 602.3.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 14. Wards—Jurisdiction [601 - 608] ( Heading of Article 14 renumbered from Article 5 by Stats. 1976, Ch. 1068. )

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    The juvenile court must commit certain wards who used a firearm in a violent felony to specified placement options, and a court may order a treatment-based alternative placement if the minor has a mental disorder requiring intensive treatment.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 14. Wards—Jurisdiction [601 - 608] ( Heading of Article 14 renumbered from Article 5 by Stats. 1976, Ch. 1068. ) ## 602.3. (a) Notwithstanding any other law and pursuant to the provisions of this section, the juvenile court shall commit any minor adjudicated to be a ward of the court for the personal use of a firearm in the commission of a violent felony, as defined in subdivision (c) of Section 667.5 of the Penal Code, to placement in a juvenile hall, ranch, camp, or with the Department of the Youth Authority. (b) A court may impose a treatment-based alternative placement order on any minor subject to this section if the court finds the minor has a mental disorder requiring intensive treatment. Any alternative placement order under this subdivision shall be made on the record, in writing, and in accordance with Article 3 (commencing with Section 6550) of Chapter 2 of Part 2 of Division 6. (Added by renumbering Section 602.5 (as added by Stats. 1999, Ch. 996) by Stats. 2001, Ch. 854, Sec. 73. Effective January 1, 2002.)
  149. 602.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 14. Wards—Jurisdiction [601 - 608] ( Heading of Article 14 renumbered from Article 5 by Stats. 1976, Ch. 1068. )

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    The juvenile court must report certain minors’ complete criminal history to the Department of Justice, and the Department of Justice must retain and make that information available in the same manner as related Penal Code information.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 14. Wards—Jurisdiction [601 - 608] ( Heading of Article 14 renumbered from Article 5 by Stats. 1976, Ch. 1068. ) ## 602.5. The juvenile court shall report the complete criminal history of any minor found to be a person adjudged to be a ward of the court under Section 602 because of the commission of any felony offense to the Department of Justice. The Department of Justice shall retain this information and make it available in the same manner as information gathered pursuant to Chapter 2 (commencing with Section 13100) of Title 3 of Part 4 of the Penal Code. (Added March 7, 2000, by initiative Proposition 21, Sec. 19.)
  150. 603.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 14. Wards—Jurisdiction [601 - 608] ( Heading of Article 14 renumbered from Article 5 by Stats. 1976, Ch. 1068. )

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    Courts may not hold a preliminary examination or try a case against a person who was under 18 when the offense was allegedly committed unless the case was first submitted to juvenile court and the juvenile court ordered prosecution under general law.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 14. Wards—Jurisdiction [601 - 608] ( Heading of Article 14 renumbered from Article 5 by Stats. 1976, Ch. 1068. ) ## 603. (a) No court shall have jurisdiction to conduct a preliminary examination or to try the case of any person upon an accusatory pleading charging that person with the commission of a public offense or crime when the person was under the age of 18 years at the time of the alleged commission thereof unless the matter has first been submitted to the juvenile court by petition as provided in Article 7 (commencing with Section 650), and the juvenile court has made an order directing that the person be prosecuted under the general law. (b) This section shall not apply in any case involving a minor against whom a complaint may be filed directly in a court of criminal jurisdiction pursuant to Section 707.01. (Amended by Stats. 1996, Ch. 481, Sec. 1. Effective January 1, 1997.)
  151. 603.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 14. Wards—Jurisdiction [601 - 608] ( Heading of Article 14 renumbered from Article 5 by Stats. 1976, Ch. 1068. )

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    In certain counties, vehicle-code infraction cases and related local-ordinance driving, parking, or motor-vehicle-operation cases are in superior court, with limited referral to juvenile court.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 14. Wards—Jurisdiction [601 - 608] ( Heading of Article 14 renumbered from Article 5 by Stats. 1976, Ch. 1068. ) ## 603.5. (a) Notwithstanding any other provision of law, in a county that adopts the provisions of this section, jurisdiction over the case of a minor alleged to have committed only a violation of the Vehicle Code classified as an infraction or a violation of a local ordinance involving the driving, parking, or operation of a motor vehicle, is with the superior court, except that the court may refer to the juvenile court for adjudication, cases involving a minor who has been adjudicated a ward of the juvenile court, or who has other matters pending in the juvenile court. (b) The cases specified in subdivision (a) shall not be governed by the procedures set forth in the juvenile court law. (c) Any provisions of juvenile court law requiring that confidentiality be observed as to cases and proceedings, prohibiting or restricting the disclosure of juvenile court records, or restricting attendance by the public at juvenile court proceedings shall not apply. The procedures for bail specified in Chapter 1 (commencing with Section 1268) of Title 10 of Part 2 of the Penal Code shall apply. (d) The provisions of this section shall apply in a county in which the trial courts make the section applicable as to any matters to be heard and the court has determined that there is available funding for any increased costs. (Amended by Stats. 2008, Ch. 56, Sec. 11. Effective January 1, 2009.)
  152. 604.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 14. Wards—Jurisdiction [601 - 608] ( Heading of Article 14 renumbered from Article 5 by Stats. 1976, Ch. 1068. )

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    If a judge believes the charged person was under 18 when the offense allegedly occurred, the judge must stop the case and send it to juvenile court.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 14. Wards—Jurisdiction [601 - 608] ( Heading of Article 14 renumbered from Article 5 by Stats. 1976, Ch. 1068. ) ## 604. (a) Whenever a case is before any court upon an accusatory pleading and it is suggested or appears to the judge before whom the person is brought that the person charged was, at the date the offense is alleged to have been committed, under the age of 18 years, the judge shall immediately suspend all proceedings against the person on the charge. The judge shall examine into the age of the person, and if, from the examination, it appears to the judge’s satisfaction that the person was at the date the offense is alleged to have been committed under the age of 18 years, the judge shall immediately certify all of the following to the juvenile court of the county: (1) That the person (naming the person) is charged with a crime (briefly stating its nature). (2) That the person appears to have been under the age of 18 years at the date the offense is alleged to have been committed, giving the date of birth of the person when known. (3) That proceedings have been suspended against the person on the charge by reason of the person’s age, with the date of the suspension. The judge shall attach a copy of the accusatory pleading to the certification. (b) When a court certifies a case to the juvenile court pursuant to subdivision (a), it shall be deemed that jeopardy has not attached by reason of the proceedings prior to certification, but the court may not resume proceedings in the case, nor may a new proceeding under the general law be commenced in any court with respect to the same matter unless the juvenile court has found that the minor is not a fit subject for consideration under the juvenile court law and has ordered that proceedings under the general law resume or be commenced. (c) The certification and accusatory pleading shall be promptly transmitted to the clerk of the juvenile court. Upon receipt thereof, the clerk of the juvenile court shall immediately notify the probation officer who shall immediately proceed in accordance with Article 16 (commencing with Section 650). (d) This section does not apply to any minor who may have a complaint filed directly against them in a court of criminal jurisdiction pursuant to Section 707.01. (e) If the person whose case has been certified to a juvenile court pursuant to this section has their records sealed in juvenile court, the juvenile court shall also order all criminal court records associated with that juvenile record sealed. (Amended by Stats. 2024, Ch. 782, Sec. 6. (SB 1161) Effective January 1, 2025.)
  153. 605.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 14. Wards—Jurisdiction [601 - 608] ( Heading of Article 14 renumbered from Article 5 by Stats. 1976, Ch. 1068. )

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    If a juvenile court petition alleges a minor falls within Section 602, the related statute of limitations is suspended while the case remains before the juvenile court.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 14. Wards—Jurisdiction [601 - 608] ( Heading of Article 14 renumbered from Article 5 by Stats. 1976, Ch. 1068. ) ## 605. Whenever a petition is filed in a juvenile court alleging that a minor is a person within the description of Section 602, and while the case is before the juvenile court, the statute of limitations applicable under the general law to the offense alleged to bring the minor within such description is suspended. (Repealed and added by Stats. 1961, Ch. 1616.)
  154. 606.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 14. Wards—Jurisdiction [601 - 608] ( Heading of Article 14 renumbered from Article 5 by Stats. 1976, Ch. 1068. )

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    After a juvenile petition is filed, the minor generally cannot be criminally prosecuted for the same facts unless the juvenile court makes a fit-and-proper finding and orders criminal proceedings resumed or instituted, or the petition is transferred to criminal court.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 14. Wards—Jurisdiction [601 - 608] ( Heading of Article 14 renumbered from Article 5 by Stats. 1976, Ch. 1068. ) ## 606. When a petition has been filed in a juvenile court, the minor who is the subject of the petition shall not thereafter be subject to criminal prosecution based on the facts giving rise to the petition unless the juvenile court finds that the minor is not a fit and proper subject to be dealt with under this chapter and orders that criminal proceedings be resumed or instituted against him, or the petition is transferred to a court of criminal jurisdiction pursuant to subdivision (b) of Section 707.01. (Amended by Stats. 1999, Ch. 996, Sec. 14. Effective January 1, 2000.)
  155. 607.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 14. Wards—Jurisdiction [601 - 608] ( Heading of Article 14 renumbered from Article 5 by Stats. 1976, Ch. 1068. )

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    The juvenile court may keep jurisdiction over certain wards and dependent children up to specified ages and conditions, and it must not discharge a person who remains under Division of Juvenile Justice jurisdiction.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 14. Wards—Jurisdiction [601 - 608] ( Heading of Article 14 renumbered from Article 5 by Stats. 1976, Ch. 1068. ) ## 607. (a) The court may retain jurisdiction over a person who is found to be a ward or dependent child of the juvenile court until the ward or dependent child attains 21 years of age, except as provided in subdivisions (b), (c), (d), (e), and (f). (b) The court may retain jurisdiction over a person who is found to be a person described in Section 602 by reason of the commission of an offense listed in subdivision (b) of Section 707, until that person attains 23 years of age, or two years from the date of commitment to a secure youth treatment facility pursuant to Section 875, whichever occurs later, subject to the provisions of subdivision (c). (c) The court may retain jurisdiction over a person who is found to be a person described in Section 602 by reason of the commission of an offense listed in subdivision (b) of Section 707 until that person attains 25 years of age, or two years from the date of commitment to a secure youth treatment facility pursuant to Section 875, whichever occurs later, if the person, at the time of adjudication of a crime or crimes, would, in criminal court, have faced an aggregate sentence of seven years or more. (d) The court may retain jurisdiction over a person who is 25 years of age or older for a period not to exceed two years from the date of disposition if the person is found to be a person described in Section 602 by reason of the commission of an offense listed in subdivision (b) of Section 707. The court shall exercise jurisdiction in conformance with the objectives of the juvenile court. (e) The court shall not discharge a person from its jurisdiction who has been committed to the Department of Corrections and Rehabilitation, Division of Juvenile Justice while the person remains under the jurisdiction of the Department of Corrections and Rehabilitation, Division of Juvenile Justice, including periods of extended control ordered pursuant to Section 1800. (f) The court may retain jurisdiction over a person described in Section 602 by reason of the commission of an offense listed in subdivision (b) of Section 707, who has been confined in a state hospital or other appropriate public or private mental health facility pursuant to Section 702.3 until that person attains 25 years of age, unless the court that committed the person finds, after notice and hearing, that the person’s sanity has been restored. (g) The court may retain jurisdiction over a person while that person is the subject of a warrant for arrest issued pursuant to Section 663. (h) Notwithstanding subdivisions (b), (c), and (f), a person who is committed by the juvenile court to the Department of Corrections and Rehabilitation, Division of Juvenile Justice on or after July 1, 2012, but before July 1, 2018, and who is found to be a person described in Section 602 by reason of the commission of an offense listed in subdivision (b) of Section 707 shall be discharged upon the expiration of a two-year period of control, or when the person attains 23 years of age, whichever occurs later, unless an order for further detention has been made by the committing court pursuant to Article 6 (commencing with Section 1800) of Chapter 1 of Division 2.5. This subdivision does not apply to a person who is committed to the Department of Corrections and Rehabilitation, Division of Juvenile Justice, or to a person who is confined in a state hospital or other appropriate public or private mental health facility, by a court prior to July 1, 2012, pursuant to subdivisions (b), (c), and (f). (i) (1) Notwithstanding subdivision (h), a person who is committed by the juvenile court to the Department of Corrections and Rehabilitation, Division of Juvenile Justice, on or after July 1, 2018, and who is found to be a person described in Section 602 by reason of the commission of an offense listed in subdivision (c) of Section 290.008 of the Penal Code or subdivision (b) of Section 707 of this code, shall be discharged upon the expiration of a two-year period of control, or when the person attains 23 years of age, whichever occurs later, unless an order for further detention has been made by the committing court pursuant to Article 6 (commencing with Section 1800) of Chapter 1 of Division 2.5. (2) A person who, at the time of adjudication of a crime or crimes, would, in criminal court, have faced an aggregate sentence of seven years or more, shall be discharged upon the expiration of a two-year period of control, or when the person attains 25 years of age, whichever occurs later, unless an order for further detention has been made by the committing court pursuant to Article 6 (commencing with Section 1800) of Chapter 1 of Division 2.5. (3) This subdivision does not apply to a person who is committed to the Department of Corrections and Rehabilitation, Division of Juvenile Justice, or to a person who is confined in a state hospital or other appropriate public or private mental health facility, by a court prior to July 1, 2018, as described in subdivision (h). (j) The amendments to this section made by Chapter 342 of the Statutes of 2012 apply retroactively. (k) This section does not change the period of the juvenile court jurisdiction for a person committed to the Division of Juvenile Justice prior to July 1, 2018. (l) This section shall become operative July 1, 2021. (m) The amendments to this section made by the act that added this subdivision apply retroactively. (Amended by Stats. 2023, Ch. 190, Sec. 12. (SB 135) Effective September 13, 2023.)
  156. 607.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 14. Wards—Jurisdiction [601 - 608] ( Heading of Article 14 renumbered from Article 5 by Stats. 1976, Ch. 1068. )

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    The court must keep jurisdiction over certain persons who were discharged from juvenile facilities and meet the listed conditions, until age 25 or another termination rule applies.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 14. Wards—Jurisdiction [601 - 608] ( Heading of Article 14 renumbered from Article 5 by Stats. 1976, Ch. 1068. ) ## 607.1. (a) This section shall become operative on the 90th day after the enactment of the act adding this section. (b) (1) Notwithstanding Section 607, the court shall retain jurisdiction as described in paragraph (2) over any person who meets both of the following criteria:(A) The person has been discharged from the physical custody of a facility of the Department of Corrections and Rehabilitation, Division of Juvenile Facilities. (B) The person is subject to subdivision (b) of Section 1766 or subdivision (c) of Section 1766.01. (2) The court shall retain jurisdiction over a person who is described in paragraph (1) until one of the following applies: (A) The person attains the age of 25 years. (B) The court terminates jurisdiction pursuant to Section 778 or 779, or any other applicable law. (C) Jurisdiction is terminated by operation of any other applicable law. (Added by Stats. 2010, Ch. 729, Sec. 10. (AB 1628) Effective October 19, 2010. Section operative January 17, 2011, pursuant to subd. (a).)
  157. 607.2.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 14. Wards—Jurisdiction [601 - 608] ( Heading of Article 14 renumbered from Article 5 by Stats. 1976, Ch. 1068. )

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    Before ending jurisdiction over certain wards, the court must hold a hearing and then choose one of the listed jurisdiction outcomes.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 14. Wards—Jurisdiction [601 - 608] ( Heading of Article 14 renumbered from Article 5 by Stats. 1976, Ch. 1068. ) ## 607.2. (a) (1) On and after January 1, 2012, the court shall hold a hearing prior to terminating jurisdiction over a ward who satisfies any of the following criteria: (A) Is a minor subject to an order for foster care placement described in Section 11402 as a ward who has not previously been subject to the jurisdiction of the court as a result of a petition filed pursuant to Section 325. (B) Is a nonminor who was subject to an order for foster care placement described in Section 11402 as a ward on the day he or she attained 18 years of age. (C) Is a ward who was subject to an order for foster care placement described in Section 11402 as a dependent of the court at the time the court adjudged the child to be a ward of the court under Section 725. (2) The notice of hearing under this subdivision may be served electronically pursuant to Section 212.5. (b) At a hearing during which termination of jurisdiction over a ward described in subdivision (a) is being considered, the court shall take one of the following actions: (1) Modify its jurisdiction from delinquency jurisdiction to transition jurisdiction, if the court finds the ward is a person described in Section 450. (2) (A) For a ward who was not previously subject to the jurisdiction of the court as a result of a petition filed pursuant to Section 325, order the probation department or the ward’s attorney to submit an application to the child welfare services department pursuant to Section 329 to declare the minor a dependent of the court and modify the court’s jurisdiction from delinquency jurisdiction to dependency jurisdiction, if the court finds all of the following: (i) The ward is a minor. (ii) The ward does not come within the description in Section 450, but jurisdiction as a ward may no longer be required. (iii) The ward appears to come within the description of Section 300 and cannot be returned home safely. (B) The court shall set a hearing within 20 judicial days of the date of the order described in subparagraph (A) to review the child welfare services department’s decision and may either affirm its decision not to file a petition pursuant to Section 300 or order the child welfare services department to file a petition pursuant to Section 300. The notice of hearing under this subparagraph may be served electronically pursuant to Section 212.5. (3) Vacate the order terminating jurisdiction over the minor as a dependent of the court, resume jurisdiction pursuant to Section 300 based on the prior petition filed pursuant to Section 325, and terminate the court’s jurisdiction over the minor as a ward, if the minor was subject to an order for foster care placement described in Section 11402 as a dependent of the court at the time the court adjudged the minor to be a ward and assumed jurisdiction over the minor under Section 725. (4) Continue its delinquency jurisdiction over a ward pursuant to Section 303 as a nonminor dependent, as defined in subdivision (v) of Section 11400, who is eligible to remain in foster care pursuant to Section 11403, if the ward is a nonminor and the court did not modify its jurisdiction as described in Section 450, unless the court finds that after reasonable and documented efforts, the ward cannot be located or does not wish to become a nonminor dependent. In making this finding and prior to entering an order terminating its delinquency jurisdiction, the court shall ensure that the ward has had an opportunity to confer with his or her counsel and has been informed of his or her options, including the right to reenter foster care placement by completing a voluntary reentry agreement as described in subdivision (z) of Section 11400 and to file a petition pursuant to subdivision (e) of Section 388 for the court to assume or resume transition jurisdiction over him or her pursuant to Section 450. The fact that a ward declines to be a nonminor dependent does not restrict the authority of the court to maintain delinquency jurisdiction pursuant to Section 607. (5) Continue its delinquency jurisdiction. (6) Terminate its delinquency jurisdiction if the ward does not come within the provisions of paragraphs (1) to (4), inclusive. (c) If the court modifies jurisdiction, its order shall comply with the requirements of subdivision (f) of Section 241.1. (d) This section shall not be construed as changing the requirements of Section 727.2 or 727.3 with respect to reunification of minors with their families or the establishment of an alternative permanent plan for minors for whom reunification is not pursued. (Amended by Stats. 2017, Ch. 319, Sec. 136. (AB 976) Effective January 1, 2018.)
  158. 607.3.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 14. Wards—Jurisdiction [601 - 608] ( Heading of Article 14 renumbered from Article 5 by Stats. 1976, Ch. 1068. )

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    The probation department must do several things at certain juvenile court hearings for eligible wards, including informing the nonminor of options, ensuring counsel contact, handling the ward’s court appearance, and filing reports and verification with the court.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 14. Wards—Jurisdiction [601 - 608] ( Heading of Article 14 renumbered from Article 5 by Stats. 1976, Ch. 1068. ) ## 607.3. On and after January 1, 2012, at the hearing required under Section 607.2 for a ward who is 18 years of age or older and subject to an order for foster care placement as described in Section 11402, the probation department shall complete all of the following actions: (a) Ensure that the nonminor has been informed of his or her options, including the right to reenter foster care placement by completing a voluntary reentry agreement as described in subdivision (z) of Section 11400 and the right to file a petition pursuant to subdivision (e) of Section 388 for the court to resume transition jurisdiction pursuant to Section 450. (b) Ensure that the ward has had an opportunity to confer with his or her counsel. (c) Ensure that the ward is present in court for the hearing, unless the ward has waived his or her right to appear in court and elects to appear by a telephone instead, or document the efforts it made to locate the ward when the ward is not available to appear at the hearing. (d) Submit a report to the court describing all of the following: (1) Whether it is in the ward’s best interest for a court to assume or continue transition jurisdiction over the ward as a nonminor dependent pursuant to Section 450. (2) Whether the ward has indicated that he or she does not want juvenile court jurisdiction to continue. (3) Whether the ward has been informed of his or her right to reenter foster care by completing the voluntary reentry agreement as described in subdivision (z) of Section 11400. (e) Submit to the court the completed 90-day transition plan. (f) Submit to the court written verification that the information, documents, and services set forth in paragraphs (1) to (8), inclusive, of subdivision (e) of Section 391 have been provided to the ward. (g) Submit to the court written verification that the requirements set forth in Section 607.5 have been completed. (Added by Stats. 2011, Ch. 459, Sec. 16. (AB 212) Effective October 4, 2011.)
  159. 607.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 14. Wards—Jurisdiction [601 - 608] ( Heading of Article 14 renumbered from Article 5 by Stats. 1976, Ch. 1068. )

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    When juvenile court jurisdiction ends for certain wards, a probation or parole officer must give the person specified written notice and information about former foster child benefits and assistance.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 14. Wards—Jurisdiction [601 - 608] ( Heading of Article 14 renumbered from Article 5 by Stats. 1976, Ch. 1068. ) ## 607.5. (a) Notwithstanding any other provision of law, whenever the juvenile court terminates jurisdiction over a ward who has also been designated a dependent of the court, or upon release of a ward from a facility that is not a foster care facility, a probation officer or parole officer shall provide the person with, at a minimum, all of the following: (1) A written notice stating that the person is a former foster child and may be eligible for the services and benefits that are available to a former foster child through public and private programs, including, but not limited to, any independent living program for former foster children. Providing the proof of dependency and wardship document described in All-County Letter 07-33 and Section 31-525.6 of Chapter 31-500 of Division 31 of the State Department of Social Services Manual of Policies and Procedures, as it existed on January 1, 2010, shall satisfy this requirement. (2) Existing information described in Section 31-525.61 of Chapter 31-500 of Division 31 of the State Department of Social Services Manual of Policies and Procedures, as it existed on January 1, 2010, that informs the person of the availability of assistance to enable the person to apply for, and gain acceptance into, federal and state programs that provide benefits to former foster children, including, but not limited to, financial assistance, housing, and educational resources for which he or she may be eligible. (3) Existing information described in Section 31-525.61 of Chapter 31-500 of Division 31 of the State Department of Social Services Manual of Policies and Procedures, as it existed on January 1, 2010, that informs the person of the availability of assistance to enable the person to apply for, and gain acceptance into, federal and state programs that provide independent living services to youth 16 years of age and over who may be eligible for services. (b) This section shall apply to any ward who was previously adjudged a dependent child of the court pursuant to Section 300 or a child who at any time has been placed in foster care pursuant to Section 727. (c) Nothing in this section shall be interpreted to alter or amend the obligations of probation officers under current law. (Added by Stats. 2010, Ch. 631, Sec. 2. (SB 945) Effective January 1, 2011.)
  160. 608.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 14. Wards—Jurisdiction [601 - 608] ( Heading of Article 14 renumbered from Article 5 by Stats. 1976, Ch. 1068. )

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    If age is disputed and a test would help, the court may order an examination of the minor using the specified forensic dentistry method.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 14. Wards—Jurisdiction [601 - 608] ( Heading of Article 14 renumbered from Article 5 by Stats. 1976, Ch. 1068. ) ## 608. In any case in which a person is alleged to be a person described in Section 601 or 602, or subdivision (a) of Section 604, and the age of the person is at issue and the court finds that a scientific or medical test would be of assistance in determining the age of the person, the court may consider ordering an examination of the minor using the method described in “The Permanent Mandibular Third Molar” from the Journal of Forensic Odonto-Stomatology, Vol. 1: No. 1: January–June 1983. (Added by Stats. 1990, Ch. 749, Sec. 1.)
  161. 625.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 15. Wards—Temporary Custody and Detention [625 - 641] ( Heading of Article 15 renumbered from Article 6 by Stats. 1976, Ch. 1068. )

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    A peace officer may take a minor into temporary custody without a warrant in three specified situations, and must give Miranda-style warnings when custody is based on certain juvenile-court-related grounds.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 15. Wards—Temporary Custody and Detention [625 - 641] ( Heading of Article 15 renumbered from Article 6 by Stats. 1976, Ch. 1068. ) ## 625. A peace officer may, without a warrant, take into temporary custody a minor: (a) Who is under the age of 18 years when such officer has reasonable cause for believing that such minor is a person described in Section 601 or 602, or (b) Who is a ward of the juvenile court or concerning whom an order has been made under Section 636 or 702, when such officer has reasonable cause for believing that person has violated an order of the juvenile court or has escaped from any commitment ordered by the juvenile court, or (c) Who is under the age of 18 years and who is found in any street or public place suffering from any sickness or injury which requires care, medical treatment, hospitalization, or other remedial care. In any case where a minor is taken into temporary custody on the ground that there is reasonable cause for believing that such minor is a person described in Section 601 or 602, or that he has violated an order of the juvenile court or escaped from any commitment ordered by the juvenile court, the officer shall advise such minor that anything he says can be used against him and shall advise him of his constitutional rights, including his right to remain silent, his right to have counsel present during any interrogation, and his right to have counsel appointed if he is unable to afford counsel. (Amended by Stats. 1976, Ch. 1068.)
  162. 625.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 15. Wards—Temporary Custody and Detention [625 - 641] ( Heading of Article 15 renumbered from Article 6 by Stats. 1976, Ch. 1068. )

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    A peace officer may request voluntary urine chemical testing from certain minors in temporary custody, must tell the minor the test is voluntary, and the test results cannot be used as the basis for a petition or court finding under the cited sections unless law provides אחרת.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 15. Wards—Temporary Custody and Detention [625 - 641] ( Heading of Article 15 renumbered from Article 6 by Stats. 1976, Ch. 1068. ) ## 625.1. Any minor who is taken into temporary custody pursuant to subdivision (a) of Section 625, when the peace officer has reasonable cause for believing the minor is a person described in Section 602, or pursuant to subdivision (b) or (c) of Section 625, may be requested to submit to voluntary chemical testing of his or her urine for the purpose of determining the presence of alcohol or illegal drugs. The peace officer shall inform the minor that the chemical test is voluntary. The results of this test may be considered by the court in determining the disposition of the minor pursuant to Section 706 or 777. Unless otherwise provided by law, the results of such a test shall not be the basis of a petition filed by the prosecuting attorney to declare the minor a person described in Section 602, nor shall it be the basis for such a finding by a court pursuant to Section 702. (Added by Stats. 1989, Ch. 1117, Sec. 6.)
  163. 625.2.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 15. Wards—Temporary Custody and Detention [625 - 641] ( Heading of Article 15 renumbered from Article 6 by Stats. 1976, Ch. 1068. )

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    A peace officer must give a specific warning before a chemical test under Section 625.1, unless the test is administered under Vehicle Code Section 23612.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 15. Wards—Temporary Custody and Detention [625 - 641] ( Heading of Article 15 renumbered from Article 6 by Stats. 1976, Ch. 1068. ) ## 625.2. (a) Before administering the chemical test pursuant to Section 625.1, the peace officer shall give the following admonition: “I am asking you to take a voluntary urine test to test for the presence of drugs or alcohol in your body. You have the right to refuse to take this test. If you do take the test, it cannot be used as the basis for filing any additional charges against you. It can be used by a court for the purpose of sentencing. You have the right to telephone your parent or guardian before you decide whether or not to take this test.” (b) The admonition in subdivision (a) shall not be given when a chemical test is administered pursuant to Section 23612 of the Vehicle Code. (Amended by Stats. 2019, Ch. 497, Sec. 294. (AB 991) Effective January 1, 2020.)
  164. 625.3.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 15. Wards—Temporary Custody and Detention [625 - 641] ( Heading of Article 15 renumbered from Article 6 by Stats. 1976, Ch. 1068. )

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    A minor age 14 or older taken into custody by a peace officer for personal use of a firearm in a felony or certain other offenses cannot be released until brought before a judicial officer.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 15. Wards—Temporary Custody and Detention [625 - 641] ( Heading of Article 15 renumbered from Article 6 by Stats. 1976, Ch. 1068. ) ## 625.3. Notwithstanding Section 625, a minor who is 14 years of age or older and who is taken into custody by a peace officer for the personal use of a firearm in the commission or attempted commission of a felony or any offense listed in subdivision (b) of Section 707 shall not be released until that minor is brought before a judicial officer. (Amended March 7, 2000, by initiative Proposition 21, Sec. 20.)
  165. 625.4.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 15. Wards—Temporary Custody and Detention [625 - 641] ( Heading of Article 15 renumbered from Article 6 by Stats. 1976, Ch. 1068. )

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    Law enforcement generally may not request a voluntary DNA sample directly from a minor unless written consent, parent/guardian or attorney consultation, and an expungement form are provided.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 15. Wards—Temporary Custody and Detention [625 - 641] ( Heading of Article 15 renumbered from Article 6 by Stats. 1976, Ch. 1068. ) ## 625.4. (a) A law enforcement officer, employee of a law enforcement agency, or any agent thereof, shall not request that a voluntary DNA reference sample be collected directly from the person of a minor unless all of the following conditions are met: (1) The minor consents in writing, after being verbally informed of the purpose and manner of the collection, the right to refuse consent, the right to sample expungement, and the right to consult with an attorney, parent, or legal guardian prior to providing consent. (2) A specific parent or legal guardian identified by the minor, or an attorney representing the minor, is contacted, is provided the information specified in paragraph (1), is allowed to privately consult by telephone or in person with the minor, and, after that consultation, concurs with the minor’s decision to consent. (3) Local law enforcement provides the minor with a form for requesting expungement of the voluntary DNA buccal swab sample, if a sample is consented to and collected pursuant to this section. (b) Nothing in subdivision (a) is intended to create a right to the appointment of counsel. (c) The detention of a minor that occurs for the purpose of requesting a voluntary DNA reference sample directly from the person of that minor pursuant to this section shall not be unreasonably extended solely for the purpose of contacting a parent, legal guardian, or attorney pursuant to paragraph (2) of subdivision (a), if a parent, legal guardian, or attorney cannot be reached after reasonable attempts have been made. (d) The court shall, in adjudicating the admissibility of a voluntary DNA reference sample taken directly from a minor pursuant to this section, consider the effect of any failure to comply with this section. (e) The law enforcement agency obtaining a voluntary DNA reference sample directly from the person of a minor pursuant to this section shall determine within two years whether the person remains a suspect in a criminal investigation. If, within two years, the voluntary DNA reference sample that is collected pursuant to this section is not found to implicate the minor as a suspect in a criminal offense, the local law enforcement agency shall promptly expunge the sample and the DNA profile information from that voluntary DNA reference sample from the databases or data banks into which they have been entered. (f) If the minor requests expungement of a voluntary DNA reference sample collected directly from the person of a minor pursuant to this section, the local law enforcement agency shall make reasonable efforts to promptly expunge the sample and the DNA profile information from that voluntary DNA reference sample from all DNA databases or data banks unless the voluntary DNA reference sample has implicated the minor as a suspect in a criminal investigation. If expungement occurs, law enforcement shall make reasonable efforts to notify the minor when the minor’s DNA sample and DNA profile information have been expunged. (g) A voluntary DNA reference sample taken directly from the person of a minor pursuant to this section and the DNA profile information from that voluntary DNA reference sample shall not be searched, analyzed, or compared to DNA samples or profiles in the investigation of crimes other than the investigation or investigations for which it was taken, unless that additional use is permitted by a court order. (h) Any local law enforcement agency that is found by clear and convincing evidence to maintain a pattern and practice of collecting voluntary DNA reference samples directly from the person of a minor in violation of this section after January 1, 2019, shall be liable to each minor whose sample was inappropriately collected in the amount of five thousand dollars ($5,000) for each violation, plus attorney’s fees and costs. (i) The scope of this section is limited to the collection of voluntary DNA reference samples directly from the person of minors, and, as such, subdivisions (a) to (h), inclusive have no application to the collection and use of DNA under other circumstances, including, but not limited to, any of the following: (1) The sample collection or use is expressly authorized pursuant to the state’s DNA Act as set forth in the DNA and Forensic Identification Database and Data Bank Act of 1998, as amended, (Chapter 6 (commencing with Section 295) of Title 9 of Part 1 of the Penal Code. (2) A DNA reference sample collection and analysis that occurs pursuant to a valid search warrant or court order or exigent circumstances. (3) A DNA reference sample collection that occurs in the investigation or identification of a missing or abducted minor. (4) Any DNA reference sample collected from a juvenile victim or suspected perpetrator of a sexual assault or other crime as authorized by law. (5) Any DNA sample that is collected as evidence in a criminal investigation, such as evidence from a crime scene or an abandoned sample. (Added by Stats. 2018, Ch. 745, Sec. 1. (AB 1584) Effective January 1, 2019.)
  166. 625.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 15. Wards—Temporary Custody and Detention [625 - 641] ( Heading of Article 15 renumbered from Article 6 by Stats. 1976, Ch. 1068. )

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    This section lets local authorities and law enforcement respond to minors violating a local curfew ordinance, including temporary detention, transport, warning citations, and possible cost recovery fees.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 15. Wards—Temporary Custody and Detention [625 - 641] ( Heading of Article 15 renumbered from Article 6 by Stats. 1976, Ch. 1068. ) ## 625.5. (a) It is the intent of the Legislature in enacting this section to accomplish the following purposes: (1) To safeguard the fiscal integrity of cities and counties by enabling them to recoup the law enforcement costs of identifying, detaining, and transporting minors who violate curfew ordinances to their places of residence. (2) To encourage parents and legal guardians to exercise reasonable care, supervision, and control over their minor children so as to prevent them from committing unlawful acts. (3) To help eradicate criminal street gang activity. (b) This section shall only apply to a city, county, or city and county in which the governing body of the city, county, or city and county has enacted an ordinance prohibiting minors from remaining in or upon the public streets unsupervised after hours and has adopted a resolution to implement this section. (c) Except as provided in subdivision (d), law enforcement personnel are authorized to temporarily detain any minor upon a reasonable suspicion based on articulable facts that the minor is in violation of the ordinance described in subdivision (b) and to transport that minor to his or her place of permanent or temporary residence within the state, whether the place of residence is located within or without the jurisdiction of the governing body, or to the custody of his or her parents or legal guardian. A law enforcement officer may decide not to temporarily detain and transport a minor if he or she determines that the minor has a legitimate reason based on extenuating circumstances for violating the ordinance. (d) Upon the first violation of the ordinance described in subdivision (b), the law enforcement officer shall issue to the minor a warning citation regarding the consequences of a second violation of the ordinance. A designated representative of the governmental entity issuing the citation shall mail to the parents of the minor or legal guardian a notification that states that upon a second violation, the parents or legal guardian may be held liable for actual administrative and transportation costs, and that requires the parents or legal guardian to sign and return the notification. This notification shall include a space for the explanation of any circumstances relevant to an applicable exemption from the fee as provided by subdivision (e). This explanation shall be reviewed by a designated representative of the governmental entity that issued the citation and notification. If the explanation is found to be insufficient, the representative may request a consultation with the parents or legal guardian for the purpose of discussing the circumstances claimed to be relevant to an applicable exemption. (e) A fee for the actual costs of administrative and transportation services for the return of the minor to his or her place of residence, or to the custody of his or her parents or legal guardian, may be charged jointly or severally to the minor, his or her parents, or legal guardian, in an amount not to exceed those actual costs. Upon petition of the person required to pay the fee, the governmental entity issuing the citation shall conduct a hearing as to the validity of the fees charged, and may waive payment of the fee by the minor, his or her parents, or legal guardian, upon a finding of good cause. If authorized by the governing body, the city, county, or city and county may charge this fee, in which case the city, county, or city and county may (1) provide for waiver of the payment of the fee by the parents or legal guardian upon a determination that the person has made reasonable efforts to exercise supervision and control over the minor, (2) provide for a determination of the ability to pay the fee and provide that the fee may be waived if neither the minor nor the parents or legal guardian has the ability to pay the fee, (3) provide for the performance of community service in lieu of imposition of the fee, and (4) provide for waiver of the payment of the fee by the parents or legal guardian upon a determination that the parents or legal guardian has limited physical or legal custody and control of the minor. (f) In a civil action commenced by a city, county, or city and county to collect the fee, a court may waive payment of the fee by the minor, his or her parents, or legal guardian, upon a finding of good cause. (Added by Stats. 1994, Ch. 810, Sec. 1. Effective January 1, 1995.)
  167. 625.6.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 15. Wards—Temporary Custody and Detention [625 - 641] ( Heading of Article 15 renumbered from Article 6 by Stats. 1976, Ch. 1068. )

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    A youth 17 or younger must consult legal counsel before a custodial interrogation and before any Miranda waiver; the consultation cannot be waived.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 15. Wards—Temporary Custody and Detention [625 - 641] ( Heading of Article 15 renumbered from Article 6 by Stats. 1976, Ch. 1068. ) ## 625.6. (a) Prior to a custodial interrogation, and before the waiver of any Miranda rights, a youth 17 years of age or younger shall consult with legal counsel in person, by telephone, or by video conference. The consultation may not be waived. (b) The court shall, in adjudicating the admissibility of statements of a youth 17 years of age or younger made during or after a custodial interrogation, consider the effect of failure to comply with subdivision (a) and, additionally, shall consider any willful violation of subdivision (a) in determining the credibility of a law enforcement officer under Section 780 of the Evidence Code. (c) This section does not apply to the admissibility of statements of a youth 17 years of age or younger if both of the following criteria are met: (1) The officer who questioned the youth reasonably believed the information the officer sought was necessary to protect life or property from an imminent threat. (2) The officer’s questions were limited to those questions that were reasonably necessary to obtain that information. (d) This section does not require a probation officer to comply with subdivision (a) in the normal performance of the probation officer’s duties under Section 625, 627.5, or 628. (Amended by Stats. 2020, Ch. 335, Sec. 2. (SB 203) Effective January 1, 2021.)
  168. 625.7.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 15. Wards—Temporary Custody and Detention [625 - 641] ( Heading of Article 15 renumbered from Article 6 by Stats. 1976, Ch. 1068. )

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    Police officers may not use threats, physical harm, deception, or psychologically manipulative interrogation tactics in custodial interrogations of minors age 17 or younger for misdemeanor or felony investigations.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 15. Wards—Temporary Custody and Detention [625 - 641] ( Heading of Article 15 renumbered from Article 6 by Stats. 1976, Ch. 1068. ) ## 625.7. (a) During a custodial interrogation of a person 17 years of age or younger relating to the commission of a misdemeanor or felony, a law enforcement officer shall not employ threats, physical harm, deception, or psychologically manipulative interrogation tactics. (b) As used in this section, the following terms have the following meanings: (1) “Deception,” includes, but is not limited to, the knowing communication of false facts about evidence, misrepresenting the accuracy of the facts, or false statements regarding leniency. (2) “Psychologically manipulative interrogation tactics” include, but are not limited to the following: (A) Maximization and minimization and other interrogation practices that rely on a presumption of guilt or deceit. (i) Under this section, maximization includes techniques to scare or intimidate the person by repetitively asserting the person is guilty despite their denials, or exaggerating the magnitude of the charges or the strength of the evidence, including suggesting the existence of evidence that does not exist. (ii) Under this section, minimization involves minimizing the moral seriousness of the offense, a tactic that falsely communicates that the conduct is justified, excusable, or accidental. (B) Making direct or indirect promises of leniency, such as indicating the person will be released if the person cooperates. (C) Employing the “false” or “forced” choice strategy, where the person is encouraged to select one of two options, both incriminatory, but one is characterized as morally or legally justified or excusable. (c) Subdivision (a) does not apply to interrogations of a person 17 years of age or younger if both of the following criteria are met: (1) The law enforcement officer who questioned the person reasonably believed the information the officer sought was necessary to protect life or property from an imminent threat. (2) The questions by law enforcement officers were limited to those questions that were reasonably necessary to obtain information related to the imminent threat. (d) This section does not prevent an officer from using a lie detector test as long it is voluntary and was not obtained through the use of threats, physical harm, deception, or psychologically manipulative interrogation tactics as defined herein, and the officer does not suggest that the lie detector results are admissible in court or misrepresent the lie detector results to the person. (e) This section shall become operative on July 1, 2024. (f) For the purposes of this section, “custodial interrogation” shall have the same meaning as defined in Section 859.5 of the Penal Code. (Added by Stats. 2022, Ch. 289, Sec. 1. (AB 2644) Effective January 1, 2023. Operative July 1, 2024, by its own provisions.)
  169. 6250.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 1. Definitions, Construction and Standard Forms [6250 - 6254] ( Chapter 1 added by Stats. 1967, Ch. 1667. )

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    This section defines “a person subject to judicial commitment” and says the part should be read liberally, consistently with the rights of those persons, so they are treated as sick persons rather than criminals.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 1. Definitions, Construction and Standard Forms [6250 - 6254] ( Chapter 1 added by Stats. 1967, Ch. 1667. ) ## 6250. (a) As used in this part, “a person subject to judicial commitment” means a person who may be judicially committed under this part as a mentally disordered sex offender pursuant to Article 1 (commencing with Section 6331), a sexually violent predator pursuant to Article 4 (commencing with Section 6600), or a person with intellectual disabilities pursuant to Article 2 (commencing with Section 6500) of Chapter 2. (b) Nothing in this part shall be held to change or interfere with the provisions of the Penal Code and other laws relating to persons with mental health disorders who are charged with a crime or to persons who are found to be not guilty by reason of insanity. (c) This part shall be liberally construed so that, as far as possible and consistent with the rights of persons subject to commitment, those persons shall be treated, not as criminals, but as sick persons. (Amended by Stats. 2014, Ch. 144, Sec. 109. (AB 1847) Effective January 1, 2015.)
  170. 6251.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 1. Definitions, Construction and Standard Forms [6250 - 6254] ( Chapter 1 added by Stats. 1967, Ch. 1667. )

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    If the code calls for an order for examination and detention in a judicial commitment matter, the petition must be substantially in the form set out in this section.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 1. Definitions, Construction and Standard Forms [6250 - 6254] ( Chapter 1 added by Stats. 1967, Ch. 1667. ) ## 6251. Wherever, on the basis of a petition, provision is made in this code for issuing and delivering an order for examination and detention directing that a person be apprehended and taken before a judge of a superior court for a hearing and examination on an allegation of being a person subject to judicial commitment, the petition shall be in substantially the following form: In the Superior Court of the State of California For the County of____ The People For the Best Interest and Protection of ⎫ ⎪ ⎪ as a ⎪ and Concerning and ⎬ ⎪ Petition ⎪ _____ Respondents ⎪ ⎭ _______, residing at ______ (tel. _______), being duly sworn deposes and says: That there is now in the county in the City or Town of __________ a person named ______, who resides at ______, and who is believed to be a ______. That the person is ____ years of age; that __ the person is ____ (sex) and that __ the person is ____ (single, married, widowed, or divorced); and that ____ occupation is ____. That the facts because of which petitioner believes that the person is a ____ are as follows: That __ the person, at _______ in the county, on the____ day of ____, 20__, That petitioner’s interest in and case is That petitioner believes that said person is ____ as defined in Section ____. That the persons responsible for the care, support, and maintenance of the ____, and their relationship to the person are, so far as known to the petitioner, as follows: (Give names, addresses, and relationship of persons named as respondents) Wherefore, petitioner prays that examination be made to determine the state of the mental health of ____, alleged to be ____, and that such measures be taken for the best interest and protection of said ____, in respect to the person’s supervision, care and treatment, as may be necessary and provided by law. _____ Petitioner Subscribed and sworn to before me this ____ day of ______, 20__. ________________________________, Clerk of the Court By _____________________________________________ Deputy (Amended by Stats. 2002, Ch. 784, Sec. 619. Effective January 1, 2003.)
  171. 6252.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 1. Definitions, Construction and Standard Forms [6250 - 6254] ( Chapter 1 added by Stats. 1967, Ch. 1667. )

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    This section says that when a superior court judge issues an order for examination or detention, it must follow a standard form.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 1. Definitions, Construction and Standard Forms [6250 - 6254] ( Chapter 1 added by Stats. 1967, Ch. 1667. ) ## 6252. Wherever provision is made in this code for a judge of a superior court to issue and deliver an order for examination or detention directing that a person be apprehended and taken before a judge of a superior court for a hearing and examination on an allegation of being a person subject to judicial commitment, the order for examination or detention shall be in substantially the following form: The People For the Best Interest and Protection of ⎫ ⎪ ⎪ Order for Exammination or Dentention as a ⎪ and Concerning and ⎬ ⎪ ⎪ _____ Respondents ⎪ ⎭ The People of the State of California _____ (peace officer) _____ The petition for ________ having been presented this day to me, a Judge of the Superior Court in and for the County of ________, State of California, from which it appears that there is now in this county, at ________, a person by the name of ________, who is a ________. And it satisfactorily appears to me that said person is sufficiently ________ that examination should be made and hearing held, if demanded, to determine the supervision, treatment, care or restraint, if any, necessary for his best interest and protection, and the protection of the people. I do hereby appoint ________ and ________ as medical examiners to make a personal examination of ________, the person alleged to be ________, and to report thereon to the court, pursuant to Section ________ of the Welfare and Institutions Code. * Now, therefore, you are commanded to notify said ________, to submit to an examination ________ on or before the ________ day of ________, that thereafter he may be taken before a judge of the superior court in this county for examination and hearing to determine the measures to be taken for the best interest and protection of said ________, as a ________, as provided by law. * And it affirmatively appearing to me that said person is sufficiently ________ that he is likely to injure himself or others if not immediately hospitalized or detained, you are therefore commanded to forthwith detain said ________, or cause him to be detained for examination and hearing, pending the further order of the judge, at ________, and there becared for in a humane manner as a ________ and provided with any medical treatment deemed necessary to his physical well-being. * And it satisfactorily appearing to me that said person has failed or has refused to appear for examination when notified by order of this court, you are therefore commanded to forthwith detain said ________ or cause him to be detained for examination and hearing, pending the further order of the judge, at ________, and there be cared for in a humane manner as a ________. I hereby direct that a copy of this order, together with a copy of the said petition be delivered to said person and his representative, if any, at the time of his notification; and I further direct that this order may be served at any hour of the night. Witness my hand, this ________ day of ________, 19__. _____ _____ Judge of the Superior Court * Strike out when not applicable. Return of Order I hereby certify that I received the above order for examination or detention, and on the ________ day of ________, 19__, served it by notifying and delivering to said ________ personally, and to his representatives, if any, to wit, ________, a copy of the order and of the petition, *or by apprehending said person and causing h__ to be detained for examination and hearing and for humane care as an alleged ________ at ________; until further ordered and directed by the judge. * I hereby certify that prior to the service of the above order for detention and the apprehension of ________ I served notice on the person and his representative, if any, as required under Article 2 (commencing with Section 5200) of Chapter 2 of Part 1 of Division 5 of the Welfare and Institutions Code. Dated __________, 19__. _____ _____ Signature of officer * Strike out when not applicable. (Amended by Stats. 1968, Ch. 1374.)
  172. 6253.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 1. Definitions, Construction and Standard Forms [6250 - 6254] ( Chapter 1 added by Stats. 1967, Ch. 1667. )

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    Court-appointed medical examiners must use a substantially prescribed certificate form when certifying examination facts in a judicial commitment case.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 1. Definitions, Construction and Standard Forms [6250 - 6254] ( Chapter 1 added by Stats. 1967, Ch. 1667. ) ## 6253. Wherever provision is made in this code for court-appointed medical examiners to make and sign a certificate showing the facts of an examination in the case of a person alleged to be subject to judicial commitment, the certificate shall be in substantially the following form: In the Superior Court of the State of California for the County of ________ In the Superior Court of the State of California for the County of ________ The People For the Best Interest and Protection of , ⎫ ⎪ ⎪ ⎪ Certificate of Medical Examiners as a and ⎬ ⎪ Concerning , ⎪ and , ⎪ _____ Respondents ⎪ ⎭ We, Dr. ________ and Dr. ________, medical examiners in the County of ________, duly appointed and certified as such, do hereby certify under our hands that we have examined ________, alleged to be a ________, and have attended before a judge of said court at the hearing on the petition concerning said person, and have heard the testimony of all witnesses, and, as a result of the examination, have testified under oath before the court to the following facts concerning the alleged ____________: Name Address Age Sex Occupation Marital status (Single, married, widowed, divorced) Religious belief Pertinent case history General physical condition Present mental status Laboratory reports (if any) Tentative diagnosis of mental health Recommendation for disposition or supervision, treatment and care Reason for the recommendation Date ________________ _____ _____ Medical Examiner _____ _____ Medical Examiner (Repealed and added by Stats. 1967, Ch. 1667.)
  173. 6254.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 1. Definitions, Construction and Standard Forms [6250 - 6254] ( Chapter 1 added by Stats. 1967, Ch. 1667. )

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    This section sets out the required form for a superior court commitment order.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 1. Definitions, Construction and Standard Forms [6250 - 6254] ( Chapter 1 added by Stats. 1967, Ch. 1667. ) ## 6254. Wherever provision is made in this code for an order of commitment by a superior court, the order of commitment shall be in substantially the following form: In the Superior Court of the State of California For the County of ____ The People For the Best Interest and Protection of ⎫ ⎪ ⎪ Order for Care, Hospitalization, or Commitment as a , ⎪ ⎪ and Concerning and ⎬ ⎪ , Respondents ⎪ ⎭ The petition dated ________, alleging that ________, having been presented to this court on the ________ day of ________, 20__, and an order of detention issued thereon by a judge of the superior court of this county, and a return of the said order: And it further appearing that the provisions of Sections 6250 to 6254, inclusive, of the Welfare and Institutions Code have been complied with; And it further appearing that Dr. ________ and Dr. ________, two regularly appointed and qualified medical examiners of this county, have made a personal examination of the alleged ________, and have made and signed the certificate of the medical examiners, which certificate is attached hereto and made a part hereof; Now therefore, after examination and certificate made as aforesaid, the court is satisfied and believes that ________ is a ________ and is so ________. It is ordered, adjudged, and decreed: That ________ is a ________ and that _he * (a) Be cared for and detained in ________, a county psychiatric hospital, a community mental health service, or a licensed hospital for the care of persons with mental health disorders until the further order of the court, or * (b) Be cared for at ________, until the further order of the court, or * (c) Be committed to the State Department of State Hospitals for placement in a state hospital, or * (d) Be committed to a facility of the Department of Veterans Affairs or other agency of the United States, to wit: ________ at ________. It is further ordered and directed that ________ of this county, take, convey, and deliver ________ to the proper authorities of the hospital or establishment designated herein to be cared for as provided by law. Dated this ________ day of ________, 20__. _____ _____ Judge of the Superior Court * Strike out when not applicable. (Amended by Stats. 2014, Ch. 144, Sec. 110. (AB 1847) Effective January 1, 2015.)
  174. 626.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 15. Wards—Temporary Custody and Detention [625 - 641] ( Heading of Article 15 renumbered from Article 6 by Stats. 1976, Ch. 1068. )

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    When an officer takes a minor into temporary custody under Section 625, the officer may release the minor, refer the minor to an agreed service agency, or take the minor before the county probation officer with a written notice.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 15. Wards—Temporary Custody and Detention [625 - 641] ( Heading of Article 15 renumbered from Article 6 by Stats. 1976, Ch. 1068. ) ## 626. An officer who takes a minor into temporary custody under the provisions of Section 625 may do any of the following: (a) Release the minor. (b) Deliver or refer the minor to a public or private agency with which the city or county has an agreement or plan to provide shelter care, counseling, or diversion services to minors so delivered. A placement of a child in a community care facility as specified in Section 1530.8 of the Health and Safety Code shall be made in accordance with Section 319.2 or 319.3, as applicable, and with paragraph (8) or (9) of subdivision (e) of Section 361.2, as applicable. (c) Prepare in duplicate a written notice to appear before the probation officer of the county in which the minor was taken into custody at a time and place specified in the notice. The notice shall also contain a concise statement of the reasons the minor was taken into custody. The officer shall deliver one copy of the notice to the minor or to a parent, guardian, or responsible relative of the minor and may require the minor or the minor’s parent, guardian, or relative, or both, to sign a written promise to appear at the time and place designated in the notice. Upon the execution of the promise to appear, the officer shall immediately release the minor. The officer shall, as soon as practicable, file one copy of the notice with the probation officer. The written notice to appear may require that the minor be fingerprinted, photographed, or both, upon the minor’s appearance before the probation officer, if the minor is a person described in Section 602 and he or she was taken into custody upon reasonable cause for the commission of a felony. (d) Take the minor without unnecessary delay before the probation officer of the county in which the minor was taken into custody, or in which the minor resides, or in which the acts take place or the circumstances exist which are alleged to bring the minor within the provisions of Section 601 or 602, and deliver the custody of the minor to the probation officer. The peace officer shall prepare a concise written statement of the probable cause for taking the minor into temporary custody and the reasons the minor was taken into custody and shall provide the statement to the probation officer at the time the minor is delivered to the probation officer. In no case shall the officer delay the delivery of the minor to the probation officer for more than 24 hours if the minor has been taken into custody without a warrant on the belief that the minor has committed a misdemeanor. In determining which disposition of the minor to make, the officer shall prefer the alternative which least restricts the minor’s freedom of movement, provided that alternative is compatible with the best interests of the minor and the community. (Amended by Stats. 2013, Ch. 21, Sec. 10. (AB 74) Effective June 27, 2013.)
  175. 626.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 15. Wards—Temporary Custody and Detention [625 - 641] ( Heading of Article 15 renumbered from Article 6 by Stats. 1976, Ch. 1068. )

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    If an officer takes a minor into custody and decides the juvenile court should be involved, the officer must choose one of the listed steps and may need to give notice or deliver the minor to a probation officer.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 15. Wards—Temporary Custody and Detention [625 - 641] ( Heading of Article 15 renumbered from Article 6 by Stats. 1976, Ch. 1068. ) ## 626.5. If an officer who takes a minor into temporary custody under the provisions of Section 625 determines that the minor should be brought to the attention of the juvenile court, he or she shall thereafter take one of the following actions: (a) He or she may prepare in duplicate a written notice to appear before the probation officer of the county in which the minor was taken in custody at a time and place specified in the notice. The notice shall also contain a concise statement of the reasons the minor was taken into custody. The officer shall deliver one copy of the notice to the minor or to a parent, guardian, or responsible relative of the minor and may require the minor or his or her parent, guardian, or relative, or both, to sign a written promise that either or both will appear at the time and place designated in the notice. Upon the execution of the promise to appear, the officer shall immediately release the minor. The officer shall, as soon as practicable, file one copy of the notice with the probation officer. (b) He or she may take the minor without unnecessary delay before the probation officer of the county in which the minor was taken into custody, or in which the minor resides, or in which the acts took place or the circumstances exist which are alleged to bring the minor within the provisions of Section 601 or 602, and deliver the custody of the minor to the probation officer. The peace officer shall prepare a concise written statement of the probable cause for taking the minor into temporary custody and the reasons the minor was taken into custody and shall provide that statement to the probation officer at the time the minor is delivered to the probation officer. In no case shall he or she delay the delivery of the minor to the probation officer for more than 24 hours if the minor has been taken into custody without a warrant on the belief that he or she has committed a misdemeanor. In determining which disposition of the minor he or she will make, the officer shall prefer the alternative which least restricts the minor’s freedom of movement, provided that alternative is compatible with the best interests of the minor and the community. (Amended by Stats. 1989, Ch. 878, Sec. 2.)
  176. 626.6.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 15. Wards—Temporary Custody and Detention [625 - 641] ( Heading of Article 15 renumbered from Article 6 by Stats. 1976, Ch. 1068. )

    Verify source ↗

    A peace officer who takes a minor age 14 or older into temporary custody must bring the minor promptly to the county probation officer and provide a written probable-cause statement.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 15. Wards—Temporary Custody and Detention [625 - 641] ( Heading of Article 15 renumbered from Article 6 by Stats. 1976, Ch. 1068. ) ## 626.6. Notwithstanding Section 626.5, any peace officer who takes a minor who is 14 years of age or older into temporary custody under Section 625.3 shall take the minor without unnecessary delay before the probation officer of the county in which the minor was taken into custody, or in which the minor resides, or in which the acts took place or the circumstances exist which are alleged to bring the minor within the provisions of Section 602, and deliver the custody of the minor to the probation officer. The peace officer shall prepare a concise written statement of the probable cause for taking the minor into temporary custody and the reasons the minor was taken into custody and shall provide that statement to the probation officer at the time the minor is delivered to the probation officer. (Added by Stats. 1996, Ch. 843, Sec. 2. Effective January 1, 1997.)
  177. 626.8.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 15. Wards—Temporary Custody and Detention [625 - 641] ( Heading of Article 15 renumbered from Article 6 by Stats. 1976, Ch. 1068. )

    Verify source ↗

    An interrogating entity must keep the original or an exact copy of any electronic recording of a custodial interrogation until juvenile court jurisdiction ends, unless the person is transferred to criminal court. It may also make true, accurate, and complete copies in another format.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 15. Wards—Temporary Custody and Detention [625 - 641] ( Heading of Article 15 renumbered from Article 6 by Stats. 1976, Ch. 1068. ) ## 626.8. (a) Subdivisions (a) to (d), inclusive, paragraphs (1) and (2) of subdivision (e) and subdivision (g) of Section 859.5 of the Penal Code shall apply to any custodial interrogation of a person who is or who may be adjudged a ward of the juvenile court pursuant to Section 602 related to murder, as listed in paragraph (1) of subdivision (b) of Section 707. (b) (1) Except as otherwise provided in paragraph (2), Article 22 (commencing with Section 825) shall apply to any electronic recording or other record made pursuant to this section. (2) The interrogating entity shall maintain an original or exact copy of any electronic recording made of a custodial interrogation until the person is no longer subject to the jurisdiction of the juvenile court, unless the person is transferred to a court of criminal jurisdiction. If the person is transferred to a court of criminal jurisdiction, subdivision (f) of Section 859.5 of the Penal Code shall apply. The interrogating entity may make one or more true, accurate, and complete copies of the electronic recording in a different format. (Added by Stats. 2013, Ch. 799, Sec. 3. (SB 569) Effective January 1, 2014.)
  178. 627.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 15. Wards—Temporary Custody and Detention [625 - 641] ( Heading of Article 15 renumbered from Article 6 by Stats. 1976, Ch. 1068. )

    Verify source ↗

    When a minor is taken into custody under this article, officers must notify a parent, guardian, or responsible relative right away, the minor must be allowed at least two phone calls within one hour unless physically impossible, and the probation officer must notify the public defender or county indigent defense provider within two hours.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 15. Wards—Temporary Custody and Detention [625 - 641] ( Heading of Article 15 renumbered from Article 6 by Stats. 1976, Ch. 1068. ) ## 627. (a) When an officer takes a minor before a probation officer at a juvenile hall or to any other place of confinement pursuant to this article, the officer shall take immediate steps to notify the minor’s parent, guardian, or a responsible relative that such minor is in custody and the place where the minor is being held. (b) Immediately after being taken to a place of confinement pursuant to this article and, except where physically impossible, no later than one hour after the minor has been taken into custody, the minor shall be advised and has the right to make at least two telephone calls from the place where the minor is being held, one call completed to the minor’s parent or guardian, a responsible relative, or their employer, and another call completed to an attorney. The calls shall be at public expense, if the calls are completed to telephone numbers within the local calling area, and in the presence of a public officer or employee. Any public officer or employee who willfully deprives a minor taken into custody of their right to make such telephone calls is guilty of a misdemeanor. (c) Immediately after being taken to a place of confinement pursuant to this article, and no later than two hours after a minor has been taken into custody, the probation officer shall immediately notify the public defender or if there is no public defender, the indigent defense provider for the county, that the minor has been taken into custody. (Amended by Stats. 2022, Ch. 289, Sec. 2. (AB 2644) Effective January 1, 2023.)
  179. 627.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 15. Wards—Temporary Custody and Detention [625 - 641] ( Heading of Article 15 renumbered from Article 6 by Stats. 1976, Ch. 1068. )

    Verify source ↗

    When a minor is brought before a probation officer under the stated conditions, the officer must immediately warn the minor and parent or guardian about the use of statements and explain the minor’s constitutional rights.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 15. Wards—Temporary Custody and Detention [625 - 641] ( Heading of Article 15 renumbered from Article 6 by Stats. 1976, Ch. 1068. ) ## 627.5. In any case where a minor is taken before a probation officer pursuant to the provisions of Section 626 and it is alleged that such minor is a person described in Section 601 or 602, the probation officer shall immediately advise the minor and his parent or guardian that anything the minor says can be used against him and shall advise them of the minor’s constitutional rights, including his right to remain silent, his right to have counsel present during any interrogation, and his right to have counsel appointed if he is unable to afford counsel. If the minor or his parent or guardian requests counsel, the probation officer shall notify the judge of the juvenile court of such request and counsel for the minor shall be appointed pursuant to Section 634. (Added by Stats. 1967, Ch. 1355.)
  180. 628.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 15. Wards—Temporary Custody and Detention [625 - 641] ( Heading of Article 15 renumbered from Article 6 by Stats. 1976, Ch. 1068. )

    Verify source ↗

    This section requires probation officers to investigate a detained minor quickly, release the minor unless specified welfare-risk conditions exist, and notify and locate relatives when foster care risk is involved.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 15. Wards—Temporary Custody and Detention [625 - 641] ( Heading of Article 15 renumbered from Article 6 by Stats. 1976, Ch. 1068. ) ## 628. (a) (1) Upon delivery to the probation officer of a minor who has been taken into temporary custody under the provisions of this article, the probation officer shall immediately investigate the circumstances of the minor and the facts surrounding their being taken into custody and shall immediately release the minor to the custody of their parent, legal guardian, or responsible relative unless it can be demonstrated upon the evidence before the court that continuance in the home is contrary to the minor’s welfare and one or more of the following conditions exist: (A) Continued detention of the minor is a matter of immediate and urgent necessity for the protection of the minor or reasonable necessity for the protection of the person or property of another. (B) The minor is likely to flee the jurisdiction of the court. (C) The minor has violated an order of the juvenile court. (2) The probation officer’s decision to detain a minor who is currently a dependent of the juvenile court pursuant to Section 300 or the subject of a petition to declare the minor a dependent of the juvenile court pursuant to Section 300 and who has been removed from the custody of their parent or guardian by the juvenile court shall not be based on any of the following: (A) The minor’s status as a dependent of the juvenile court or as the subject of a petition to declare the minor a dependent of the juvenile court. (B) A determination that continuance in the minor’s current placement is contrary to the minor’s welfare. (C) The child welfare services department’s inability to provide a placement for the minor. (3) The probation officer shall immediately release a minor described in paragraph (2) to the custody of the child welfare services department or the minor’s current foster parent or other caregiver unless the probation officer determines that one or more of the conditions in paragraph (1) exist. (4) This section does not limit a probation officer’s authority to refer a minor to child welfare services. (b) If the probation officer has reason to believe that the minor is at risk of entering foster care placement, as defined in paragraphs (1) and (2) of subdivision (d) of Section 727.4, the probation officer shall, as part of the investigation undertaken pursuant to subdivision (a), make reasonable efforts, as described in paragraph (5) of subdivision (d) of Section 727.4, to prevent or eliminate the need for removal of the minor from their home. (c) In any case in which there is reasonable cause for believing that a minor who is under the care of a physician or surgeon or a hospital, clinic, or other medical facility and cannot be immediately moved is a person described in subdivision (d) of Section 300, the minor shall be deemed to have been taken into temporary custody and delivered to the probation officer for the purposes of this chapter while the minor is at the office of the physician or surgeon or that medical facility. (d) (1) It is the intent of the Legislature that this subdivision shall comply with paragraph (29) of subsection (a) of Section 671 of Title 42 of the United States Code as added by the Fostering Connections to Success and Increasing Adoptions Act of 2008 (Public Law 110-351). It is further the intent of the Legislature that the identification and notification of relatives shall be made as early as possible after the removal of a youth who is at risk of entering foster care placement. (2) If the minor is detained and the probation officer has reason to believe that the minor is at risk of entering foster care placement, as defined in paragraphs (1) and (2) of subdivision (d) of Section 727.4, then the probation officer shall conduct, within 30 days, an investigation in order to identify and locate all grandparents, adult siblings, and other relatives of the child, as defined in paragraph (2) of subdivision (f) of Section 319, including any other adult relatives suggested by the parents. The probation officer shall provide to all adult relatives who are located, except when that relative’s history of family or domestic violence makes notification inappropriate, within 30 days of the date on which the child is detained, written notification and shall also, whenever appropriate, provide oral notification, in person or by telephone, of all the following information: (A) The child has been removed from the custody of the child’s parent or parents, or guardians. (B) An explanation of the various options to participate in the care and placement of the child and support for the child’s family, including any options that may be lost by failing to respond. The notice shall provide information about providing care for the child, how to become a foster family home, approved relative or nonrelative extended family member, as defined in Section 362.7, or resource family home, and additional services and support that are available in out-of-home placements. The notice shall also include information regarding the Kin-GAP Program (Article 4.5 (commencing with Section 11360) of Chapter 2 of Part 3 of Division 9), the CalWORKs program for approved relative caregivers (Chapter 2 (commencing with Section 11200) of Part 3 of Division 9), adoption and adoption assistance (Chapter 2.1 (commencing with Section 16115) of Part 4 of Division 9), as well as other options for contact with the child, including, but not limited to, visitation. When oral notification is provided, the probation officer is not required to provide detailed information about the various options to help with the care and placement of the child. (3) (A) The probation officer shall use due diligence in investigating the names and locations of the relatives, including any parent and alleged parent, pursuant to paragraph (2), including, but not limited to, asking the child in an age-appropriate manner about any parent, alleged parent, and relatives important to the child, consistent with the child’s best interest, and obtaining information regarding the location of the child’s parents, alleged parents, and adult relatives. Each county probation department shall do both of the following: (i) Create and make public a procedure by which a parent and relatives of a child who has been removed from their parents or guardians may identify themselves to the county probation department and be provided with the notices required by paragraphs (1) and (2). (ii) Notify the State Department of Social Services, on or before January 1, 2024, in an email or other correspondence, whether it has adopted one of the suggested practices for family finding described in All-County Letter 18-42 and, generally, whether the practice has been implemented through training, memoranda, manuals, or comparable documents. If a county probation department has not adopted one of the suggested practices for family finding described in All-County Letter 18-42, the county probation department shall provide a copy to the State Department of Social Services of its existing family finding policies and practices, as reflected in memoranda, handbooks, manuals, training manuals, or any other document, that are in existence prior to January 1, 2022. (B) The due diligence required under subparagraph (A) shall include family finding. For purposes of this section, “family finding” means conducting an investigation, including, but not limited to, through a computer-based search engine, to identify relatives and kin and to connect a child or youth, who may be disconnected from their parents, with those relatives and kin in an effort to provide family support and possible placement. If it is known or there is reason to know that the child is an Indian child, as defined by Section 224.1, “family finding” also includes contacting the Indian child’s tribe to identify relatives and kin. (4) To the extent allowed by federal law as a condition of receiving funding under Title IV-E of the federal Social Security Act (42 U.S.C. Sec. 670 et seq.), if the probation officer did not conduct the identification and notification of relatives, as required in paragraph (2), but the court orders foster care placement, the probation officer shall conduct the investigation to find and notify relatives within 30 days of the placement order. Nothing in this section shall be construed to delay foster care placement for an individual child. (Amended by Stats. 2022, Ch. 811, Sec. 2. (SB 384) Effective January 1, 2023.)
  181. 628.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 15. Wards—Temporary Custody and Detention [625 - 641] ( Heading of Article 15 renumbered from Article 6 by Stats. 1976, Ch. 1068. )

    Verify source ↗

    A probation officer must release an eligible minor to a parent, guardian, or responsible relative on home supervision unless specified Section 628 conditions exist.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 15. Wards—Temporary Custody and Detention [625 - 641] ( Heading of Article 15 renumbered from Article 6 by Stats. 1976, Ch. 1068. ) ## 628.1. If the minor meets one or more of the criteria for detention under Section 628, but the probation officer believes that 24-hour secure detention is not necessary in order to protect the minor or the person or property of another, or to ensure that the minor does not flee the jurisdiction of the court, the probation officer shall proceed according to this section. Unless one of the conditions described in paragraph (1), (2), or (3) of subdivision (a) of Section 628 exists, the probation officer shall release such minor to his or her parent, guardian, or responsible relative on home supervision. As a condition for such release, the probation officer shall require the minor to sign a written promise that he or she understands and will observe the specific conditions of home supervision release. As an additional condition for release, the probation officer also shall require the minor’s parent, guardian, or responsible relative to sign a written promise, translated into a language the parent understands, if necessary, that he or she understands the specific conditions of home supervision release. These conditions may include curfew and school attendance requirements related to the protection of the minor or the person or property of another, or to the minor’s appearances at court hearings. A minor who violates a specific condition of home supervision release which he or she has promised in writing to obey may be taken into custody and placed in secure detention, subject to court review at a detention hearing. A minor on home supervision shall be entitled to the same legal protections as a minor in secure detention, including a detention hearing. (Amended by Stats. 1999, Ch. 996, Sec. 16. Effective January 1, 2000.)
  182. 628.2.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 15. Wards—Temporary Custody and Detention [625 - 641] ( Heading of Article 15 renumbered from Article 6 by Stats. 1976, Ch. 1068. )

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    This section limits how electronic monitoring may be used for minors, gives minors custody-credit entitlement for time on monitoring, requires periodic court review after monitoring lasts more than 30 days, and requires the Department of Justice to collect related data.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 15. Wards—Temporary Custody and Detention [625 - 641] ( Heading of Article 15 renumbered from Article 6 by Stats. 1976, Ch. 1068. ) ## 628.2. (a) As used in this section, the following definitions shall apply: (1) “Minor” means a person under the jurisdiction of the juvenile court pursuant to Section 602. (2) “Electronic monitoring” means technology used to identify, track, record, or otherwise monitor a minor’s location or movement through electronic means. (b) Electronic monitoring devices shall not be used to converse with a minor or to eavesdrop or record any conversation. (c) A minor shall be entitled to have one day credited against the minor’s maximum term of confinement for each day, or fraction thereof, that the minor serves on electronic monitoring. The provision of custody credits pursuant to this subdivision shall apply to custody credits earned beginning January 1, 2023. (d) If electronic monitoring is imposed for a period greater than 30 days, the court shall hold a hearing no less than once every 30 days to ensure that the minor does not remain on electronic monitoring for an unreasonable length of time. In determining whether a length of time is unreasonable, the court shall consider whether there are less restrictive conditions of release that would achieve the rehabilitative purpose of the juvenile court. If less restrictive conditions of release are warranted, the court shall order removal of the electronic monitor or modify the terms of the electronic monitoring order to achieve the less restrictive alternative. (e) The Department of Justice shall collect data regarding the use of electronic monitoring, as specified in Section 13012.4 of the Penal Code. (Amended by Stats. 2023, Ch. 311, Sec. 26. (SB 883) Effective January 1, 2024.)
  183. 629.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 15. Wards—Temporary Custody and Detention [625 - 641] ( Heading of Article 15 renumbered from Article 6 by Stats. 1976, Ch. 1068. )

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    A probation officer must require a minor to sign a written promise to appear, and may also require a parent, guardian, or relative to sign. For certain minors age 14 or older taken into custody for a felony offense, release is barred until the promise is signed or an order to appear is given.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 15. Wards—Temporary Custody and Detention [625 - 641] ( Heading of Article 15 renumbered from Article 6 by Stats. 1976, Ch. 1068. ) ## 629. (a) As a condition for the release of a minor pursuant to Section 628.1 and subject to Sections 631 and 632, the probation officer shall require the minor to sign, and may also require his or her parent, guardian, or relative to sign, a written promise to appear before the probation officer at the juvenile hall or other suitable place designated by the probation officer at a specified time. (b) A minor who is 14 years of age or older who is taken into custody by a peace officer for the commission or attempted commission of a felony offense shall not be released until the minor has signed a written promise to appear before the probation officer at the juvenile hall or other suitable place designated by the peace officer, or has been given an order to appear at the juvenile court on a date certain. The peace officer may also require the minor’s parent, guardian, or relative to sign a written promise to appear at the same place designated for the minor. (Amended by Stats. 2000, Ch. 663, Sec. 1. Effective January 1, 2001. Note: This section was amended on March 7, 2000, by initiative Prop. 21.)
  184. 629.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 15. Wards—Temporary Custody and Detention [625 - 641] ( Heading of Article 15 renumbered from Article 6 by Stats. 1976, Ch. 1068. )

    Verify source ↗

    A probation officer must keep a qualifying minor in custody until the minor can be brought before a juvenile court judicial officer.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 15. Wards—Temporary Custody and Detention [625 - 641] ( Heading of Article 15 renumbered from Article 6 by Stats. 1976, Ch. 1068. ) ## 629.1. Notwithstanding Section 628 or 628.1, whenever a minor who is 14 years of age or older is delivered to the custody of the probation officer pursuant to Section 626.6, the probation officer shall retain the minor in custody until such time that the minor can be brought before a judicial officer of the juvenile court pursuant to Section 632. (Added by Stats. 1996, Ch. 843, Sec. 3. Effective January 1, 1997.)
  185. 630.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 15. Wards—Temporary Custody and Detention [625 - 641] ( Heading of Article 15 renumbered from Article 6 by Stats. 1976, Ch. 1068. )

    Verify source ↗

    If a probation officer decides a minor should stay in custody, a petition must be filed right away and the juvenile court clerk must set a detention hearing. The probation officer or prosecuting attorney must serve the minor and, when possible, the parents or guardians with notice; the notice may be oral but not electronic. The minor also has self-incrimination and confrontation/cross-examination rights at the hearing.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 15. Wards—Temporary Custody and Detention [625 - 641] ( Heading of Article 15 renumbered from Article 6 by Stats. 1976, Ch. 1068. ) ## 630. (a) If the probation officer determines that the minor shall be retained in custody, he or she shall immediately proceed in accordance with Article 16 (commencing with Section 650) to cause the filing of a petition pursuant to Section 656 with the clerk of the juvenile court who shall set the matter for hearing on the detention calendar. Immediately upon filing the petition with the clerk of the juvenile court, if the minor is alleged to be a person described in Section 601 or 602, the probation officer or the prosecuting attorney shall serve the minor with a copy of the petition and notify him or her of the time and place of the detention hearing. The probation officer or the prosecuting attorney shall notify each parent or each guardian of the minor of the time and place of the hearing if the whereabouts of each parent or guardian can be ascertained by due diligence. Notice pursuant to this subdivision may be given orally and shall not be delivered electronically. (b) In a hearing conducted pursuant to this section, the minor has a privilege against self-incrimination and has a right to confrontation by, and cross-examination of, any person examined by the court as provided in Section 635. (Amended by Stats. 2017, Ch. 319, Sec. 137. (AB 976) Effective January 1, 2018.)
  186. 630.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 15. Wards—Temporary Custody and Detention [625 - 641] ( Heading of Article 15 renumbered from Article 6 by Stats. 1976, Ch. 1068. )

    Verify source ↗

    If counsel for the minor, parent, or guardian gives reasonable notification, the clerk of the court must notify that counsel of the hearings.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 15. Wards—Temporary Custody and Detention [625 - 641] ( Heading of Article 15 renumbered from Article 6 by Stats. 1976, Ch. 1068. ) ## 630.1. Upon reasonable notification by counsel representing the minor, his parents or guardian, the clerk of the court shall notify such counsel of the hearings in the manner provided for notice to the parent or guardian of the minor under this chapter. (Added by Stats. 1967, Ch. 507.)
  187. 631.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 15. Wards—Temporary Custody and Detention [625 - 641] ( Heading of Article 15 renumbered from Article 6 by Stats. 1976, Ch. 1068. )

    Verify source ↗

    A minor taken into custody must generally be released within 48 hours, excluding nonjudicial days, unless a listed petition, complaint, or detention order applies. Special review and paperwork rules apply when detention may exceed 24 hours.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 15. Wards—Temporary Custody and Detention [625 - 641] ( Heading of Article 15 renumbered from Article 6 by Stats. 1976, Ch. 1068. ) ## 631. (a) Except as provided in subdivision (b), whenever a minor is taken into custody by a peace officer or probation officer, except when the minor willfully misrepresents himself or herself as 18 or more years of age, the minor shall be released within 48 hours after having been taken into custody, excluding nonjudicial days, unless within that period of time a petition to declare the minor a ward has been filed pursuant to this chapter or a criminal complaint against the minor has been filed in a court of competent jurisdiction. (b) Except when the minor represents himself or herself as 18 or more years of age, whenever a minor is taken into custody by a peace officer or probation officer without a warrant on the belief that the minor has committed a misdemeanor that does not involve violence, the threat of violence, or possession or use of a weapon, and if the minor is not currently on probation or parole, the minor shall be released within 48 hours after having been taken into custody , excluding nonjudicial days, unless a petition has been filed to declare the minor to be a ward of the court and the minor has been ordered detained by a judge or referee of the juvenile court pursuant to Section 635. In all cases involving the detention of a minor pursuant to this subdivision, any decision to detain the minor more than 24 hours shall be subject to written review and approval by a probation officer who is a supervisor as soon as possible after it is known that the minor will be detained more than 24 hours. However, if the initial decision to detain the minor more than 24 hours is made by a probation officer who is a supervisor, the decision shall not be subject to review and approval. (c) Whenever a minor who has been held in custody for more than 24 hours by the probation officer is subsequently released and no petition is filed, the probation officer shall prepare a written explanation of why the minor was held in custody for more than 24 hours. The written explanation shall be prepared within 72 hours after the minor is released from custody and filed in the record of the case. A copy of the written explanation shall be sent to the parents, guardian, or other person having care or custody of the minor. (Amended by Stats. 1989, Ch. 686, Sec. 1.)
  188. 631.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 15. Wards—Temporary Custody and Detention [625 - 641] ( Heading of Article 15 renumbered from Article 6 by Stats. 1976, Ch. 1068. )

    Verify source ↗

    If a minor lies about being 18 or older when taken into custody and that delay blocks timely filing, the petition or complaint must be filed within 48 hours after the minor’s true age is determined, excluding nonjudicial days.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 15. Wards—Temporary Custody and Detention [625 - 641] ( Heading of Article 15 renumbered from Article 6 by Stats. 1976, Ch. 1068. ) ## 631.1. When a minor willfully misrepresents himself to be 18 or more years of age when taken into custody by a peace officer or probation officer, and this misrepresentation effects a material delay in investigation which prevents the filing of a petition pursuant to the provisions of this chapter or the filing of a criminal complaint against him in a court of competent jurisdiction within 48 hours, such petition or complaint shall be filed within 48 hours from the time his true age is determined, excluding nonjudicial days. If, in such cases, the petition or complaint is not filed within the time prescribed by this section, the minor shall be immediately released from custody. (Amended by Stats. 1972, Ch. 579.)
  189. 632.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 15. Wards—Temporary Custody and Detention [625 - 641] ( Heading of Article 15 renumbered from Article 6 by Stats. 1976, Ch. 1068. )

    Verify source ↗

    A detained minor must be brought before a juvenile court judge or referee for a detention hearing within the required time limits, and release follows if that does not happen.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 15. Wards—Temporary Custody and Detention [625 - 641] ( Heading of Article 15 renumbered from Article 6 by Stats. 1976, Ch. 1068. ) ## 632. (a) Except as provided in subdivision (b), unless sooner released, a minor taken into custody under the provisions of this article shall, as soon as possible but in any event before the expiration of the next judicial day after a petition to declare the minor a ward or dependent child has been filed, be brought before a judge or referee of the juvenile court for a hearing to determine whether the minor shall be further detained. Such a hearing shall be referred to as a “detention hearing.” (b) Whenever a minor is taken into custody without a warrant on the belief that he or she has committed a misdemeanor not involving violence, a threat of violence, or possession or use of weapons, if the minor is not currently on probation or parole, he or she shall be brought before a judge or referee of the juvenile court for a detention hearing as soon as possible, but no later than 48 hours after having been taken into custody, excluding nonjudicial days, after a petition to declare the minor a ward has been filed. In all cases involving the detention of a minor pursuant to this subdivision where the minor will not be brought before the judge or referee of the juvenile court within 24 hours, the decision not to bring the minor before the judge or referee within 24 hours shall be subject to written review and approval by a probation officer who is a supervisor as soon as possible after it is known that the minor will not be brought before the judge or referee within 24 hours. However, if the decision not to bring the minor before the judge or referee within 24 hours is made by a probation officer who is a supervisor, the decision shall not be subject to review and approval. (c) If the minor is not brought before a judge or referee of the juvenile court within the period prescribed by this section, he or she shall be released from custody. (Amended by Stats. 1989, Ch. 686, Sec. 2.)
  190. 633.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 15. Wards—Temporary Custody and Detention [625 - 641] ( Heading of Article 15 renumbered from Article 6 by Stats. 1976, Ch. 1068. )

    Verify source ↗

    At the detention hearing, the minor and any parent or guardian present must be told why the minor was taken into custody, the nature of the juvenile court proceeding, and that they have the right to counsel at every stage.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 15. Wards—Temporary Custody and Detention [625 - 641] ( Heading of Article 15 renumbered from Article 6 by Stats. 1976, Ch. 1068. ) ## 633. Upon his appearance before the court at the detention hearing, such minor and his parent or guardian, if present, shall first be informed of the reasons why the minor was taken into custody, the nature of the juvenile court proceedings, and the right of such minor and his parent or guardian to be represented at every stage of the proceedings by counsel. (Repealed and added by Stats. 1961, Ch. 1616.)
  191. 6331.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. Commitment Classification [6331 - 6609.3] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 1. Mentally Disordered Sex Offenders (Repealed) [6331 - 6332] ( Article 1 heading added by Stats. 2015, Ch. 303, Sec. 586. )

    Verify source ↗

    This section says the article becomes inoperative after the adoption election, but it still applies to people already committed under it.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. Commitment Classification [6331 - 6609.3] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 1. Mentally Disordered Sex Offenders (Repealed) [6331 - 6332] ( Article 1 heading added by Stats. 2015, Ch. 303, Sec. 586. ) ## 6331. This article shall become inoperative the day after the election at which the electors adopt this section, except that the article shall continue to apply in all respects to those already committed under its provisions. The provisions of this section shall not be amended by the Legislature except by statute passed in each house by rollcall vote entered in the journal, two-thirds of the membership concurring, or by a statute that becomes effective only when approved by the electors. (Added June 8, 1982, by initiative Proposition 8, Sec. 9. Note: This section relates to the subject matter of former Article 1 (Sections 6300 to 6330), which was repealed on Jan. 1, 1982, by Stats. 1981, Ch. 928.)
  192. 6332.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. Commitment Classification [6331 - 6609.3] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 1. Mentally Disordered Sex Offenders (Repealed) [6331 - 6332] ( Article 1 heading added by Stats. 2015, Ch. 303, Sec. 586. )

    Verify source ↗

    Time spent on outpatient status does not count as custody or commitment time, except when the person is in a locked facility at the outpatient supervisor’s direction.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. Commitment Classification [6331 - 6609.3] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 1. Mentally Disordered Sex Offenders (Repealed) [6331 - 6332] ( Article 1 heading added by Stats. 2015, Ch. 303, Sec. 586. ) ## 6332. For a person committed as a mentally disordered sex offender, whose term of commitment has been extended pursuant to former Section 6316.2, and who is placed on outpatient status pursuant to Section 1604 of the Penal Code, time spent on outpatient status, except when placed in a locked facility at the direction of the outpatient supervisor, shall not count as actual custody and shall not be counted toward the person’s maximum term of commitment or toward the person’s term of extended commitment. (Added by Stats. 1994, 1st Ex. Sess., Ch. 9, Sec. 3. Effective November 30, 1994. Note: The section relates to the subject matter of former Article 1 (Sections 6300 to 6330), which was repealed on Jan. 1, 1982, by Stats. 1981, Ch. 928.)
  193. 634.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 15. Wards—Temporary Custody and Detention [625 - 641] ( Heading of Article 15 renumbered from Article 6 by Stats. 1976, Ch. 1068. )

    Verify source ↗

    The court may appoint counsel for a minor or the minor’s parent or guardian when they cannot afford counsel, must appoint counsel for certain minors in Section 601 or 602 cases who appear without counsel unless the minor intelligently waives that right, and may set compensation when there is no public defender.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 15. Wards—Temporary Custody and Detention [625 - 641] ( Heading of Article 15 renumbered from Article 6 by Stats. 1976, Ch. 1068. ) ## 634. When it appears to the court that the minor or his or her parent or guardian desires counsel but is unable to afford and cannot for that reason employ counsel, the court may appoint counsel. In a case in which the minor is alleged to be a person described in Section 601 or 602, the court shall appoint counsel for the minor if he or she appears at the hearing without counsel, whether he or she is unable to afford counsel or not, unless there is an intelligent waiver of the right of counsel by the minor. In any case in which it appears to the court that there is such a conflict of interest between a parent or guardian and child that one attorney could not properly represent both, the court shall appoint counsel, in addition to counsel already employed by a parent or guardian or appointed by the court to represent the minor or parent or guardian. In a county where there is no public defender, the court may fix the compensation to be paid by the county for service of that appointed counsel. (Amended by Stats. 2017, Ch. 678, Sec. 7. (SB 190) Effective January 1, 2018.)
  194. 634.3.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 15. Wards—Temporary Custody and Detention [625 - 641] ( Heading of Article 15 renumbered from Article 6 by Stats. 1976, Ch. 1068. )

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    Counsel appointed to represent youth in certain juvenile proceedings must provide effective representation and maintain contact and confidentiality; the Judicial Council must adopt court rules on training and experience for appointed counsel by July 1, 2016.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 15. Wards—Temporary Custody and Detention [625 - 641] ( Heading of Article 15 renumbered from Article 6 by Stats. 1976, Ch. 1068. ) ## 634.3. (a) Counsel appointed pursuant to Section 634 to represent youth in proceedings under Sections 601 and 602 shall do all of the following: (1) Provide effective, competent, diligent, and conscientious advocacy and make rational and informed decisions founded on adequate investigation and preparation. (2) Provide legal representation based on the client’s expressed interests, and maintain a confidential relationship with the minor. (3) Confer with the minor prior to each court hearing, and have sufficient contact with the minor to establish and maintain a meaningful and professional attorney-client relationship, including in the postdispositional phase. (4) When appropriate, delinquency attorneys should consult with social workers, mental health professionals, educators, and other experts reasonably necessary for the preparation of the minor’s case, and, when appropriate, seek appointment of those experts pursuant to Sections 730 and 952 of the Evidence Code. (5) Nothing in this subdivision shall be construed to modify the role of counsel pursuant to subdivision (b) of Section 657. (b) By July 1, 2016, the Judicial Council, in consultation and collaboration with delinquency defense attorneys, judges, and other justice partners including child development experts, shall adopt rules of court to do all of the following: (1) Establish minimum hours of training and education, or sufficient recent experience in delinquency proceedings in which the attorney has demonstrated competence, necessary in order to be appointed as counsel in delinquency proceedings. Training hours that the State Bar has approved for Minimum Continuing Legal Education (MCLE) credit shall be counted toward the MCLE hours required of all attorneys by the State Bar. (2) Establish required training areas that may include, but are not limited to, an overview of juvenile delinquency law and procedure, child and adolescent development, special education, competence and mental health issues, counsel’s ethical duties, advocacy in the postdispositional phase, appellate issues, direct and collateral consequences of court involvement for a minor, and securing effective rehabilitative resources. (3) Encourage public defender offices and agencies that provide representation in proceedings under Sections 601 and 602 to provide training on juvenile delinquency issues that the State Bar has approved for MCLE credit. (4) Provide that attorneys practicing in juvenile delinquency courts shall be solely responsible for compliance with the training and education requirements adopted pursuant to this section. (Added by Stats. 2015, Ch. 369, Sec. 2. (AB 703) Effective January 1, 2016.)
  195. 634.6.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 15. Wards—Temporary Custody and Detention [625 - 641] ( Heading of Article 15 renumbered from Article 6 by Stats. 1976, Ch. 1068. )

    Verify source ↗

    A lawyer who appears for a minor must keep representing the minor unless the court relieves the lawyer.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 15. Wards—Temporary Custody and Detention [625 - 641] ( Heading of Article 15 renumbered from Article 6 by Stats. 1976, Ch. 1068. ) ## 634.6. Any counsel upon entering an appearance on behalf of a minor shall continue to represent that minor unless relieved by the court upon the substitution of other counsel or for cause. (Added by Stats. 1975, Ch. 205.)
  196. 635.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 15. Wards—Temporary Custody and Detention [625 - 641] ( Heading of Article 15 renumbered from Article 6 by Stats. 1976, Ch. 1068. )

    Verify source ↗

    The juvenile court must review the minor and relevant evidence, and generally release the minor from custody unless specific detention exceptions apply.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 15. Wards—Temporary Custody and Detention [625 - 641] ( Heading of Article 15 renumbered from Article 6 by Stats. 1976, Ch. 1068. ) ## 635. (a) The court will examine the minor, their parent, legal guardian, or other person having relevant knowledge, hear relevant evidence the minor, their parent, legal guardian, or counsel desires to present, and, unless it appears that the minor has violated an order of the juvenile court or has escaped from the commitment of the juvenile court or that it is a matter of immediate and urgent necessity for the protection of the minor or reasonably necessary for the protection of the person or property of another that they be detained or that the minor is likely to flee to avoid the jurisdiction of the court, the court shall make its order releasing the minor from custody. (b) (1) The circumstances and gravity of the alleged offense may be considered, in conjunction with other factors, to determine whether it is a matter of immediate and urgent necessity for the protection of the minor or reasonably necessary for the protection of the person or property of another that the minor be detained. (2) The court’s decision to detain shall be based on the above factors, and shall not be based solely on the minor’s county of residence. A minor shall be given equal consideration for release on home supervision pursuant to Section 628.1, which may include electronic monitoring pursuant to Section 628.2, regardless of whether the minor lives in the county where the offense occurred. The juvenile court has authority to order the minor be placed on home supervision, with or without electronic monitoring, regardless of the minor’s county of residence. (3) If a minor is a dependent of the court pursuant to Section 300, the court’s decision to detain shall not be based on the minor’s status as a dependent of the court or the child welfare services department’s inability to provide a placement for the minor. (c) (1) The court shall order release of the minor from custody unless a prima facie showing has been made that the minor is a person described in Section 601 or 602. (2) If the court orders release of a minor who is a dependent of the court pursuant to Section 300, the court shall order the child welfare services department either to ensure that the minor’s current foster parent or other caregiver takes physical custody of the minor or to take physical custody of the minor and place the minor in a licensed or approved placement. (d) If the probation officer has reason to believe that the minor is at risk of entering foster care placement as described in Section 11402, then the probation officer shall submit a written report to the court containing all of the following: (1) The reasons why the minor has been removed from the parent’s custody. (2) Any prior referrals for abuse or neglect of the minor or any prior filings regarding the minor pursuant to Section 300. (3) The need, if any, for continued detention. (4) The available services that could facilitate the return of the minor to the custody of the minor’s parents or guardians. (5) Whether there are any relatives who are able and willing to provide effective care and control over the minor. (Amended by Stats. 2023, Ch. 608, Sec. 1. (SB 448) Effective January 1, 2024.)
  197. 635.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 15. Wards—Temporary Custody and Detention [625 - 641] ( Heading of Article 15 renumbered from Article 6 by Stats. 1976, Ch. 1068. )

    Verify source ↗

    When the court finds a qualifying minor and believes specialized mental health treatment may be needed, it must notify the county mental health department director, and the department must carry out duties under Section 5697.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 15. Wards—Temporary Custody and Detention [625 - 641] ( Heading of Article 15 renumbered from Article 6 by Stats. 1976, Ch. 1068. ) ## 635.1. When the court finds a minor to be a person described by Section 602 and believes the minor may need specialized mental health treatment while the minor is unable to reside in his or her natural home, the court shall notify the director of the county mental health department in the county where the minor resides. The county mental health department shall perform the duties required under Section 5697.5 for all those minors. Nothing in this section shall restrict the provision of emergency psychiatric services to those minors who have not yet reached the point of adjudication or disposition, nor shall it operate to restrict evaluations at an earlier stage of the proceedings or to restrict the use of Sections 4011.6 and 4011.8 of the Penal Code. (Amended by Stats. 2001, Ch. 854, Sec. 74. Effective January 1, 2002.)
  198. 636.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 15. Wards—Temporary Custody and Detention [625 - 641] ( Heading of Article 15 renumbered from Article 6 by Stats. 1976, Ch. 1068. )

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    This section lets the juvenile court detain a minor or place the minor on home supervision only under stated conditions, and it also requires findings, documentation, and cooperation orders.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 15. Wards—Temporary Custody and Detention [625 - 641] ( Heading of Article 15 renumbered from Article 6 by Stats. 1976, Ch. 1068. ) ## 636. (a) If it appears upon the hearing that the minor has violated an order of the juvenile court or has escaped from a commitment of the juvenile court or that it is a matter of immediate and urgent necessity for the protection of the minor or reasonably necessary for the protection of the person or property of another that the minor be detained or that the minor is likely to flee to avoid the jurisdiction of the court, and that continuance in the home is contrary to the minor’s welfare, the court may make its order that the minor be detained in the juvenile hall or other suitable place designated by the juvenile court for a period not to exceed 15 judicial days and shall enter the order together with its findings of fact in support thereof in the records of the court. The circumstances and gravity of the alleged offense may be considered, in conjunction with other factors, to determine whether it is a matter of immediate and urgent necessity for the protection of the minor or the person or property of another that the minor be detained. The court’s decision to detain shall be based on the above factors, and shall not be based solely on the minor’s county of residence. A minor shall be given equal consideration for release on home supervision pursuant to Section 628.1, which may include electronic monitoring pursuant to Section 628.2, regardless of whether the minor lives in the county where the offense occurred. The juvenile court has authority to order the minor be placed on home supervision, with or without electronic monitoring, regardless of the minor’s county of residence. If a minor is a dependent of the court pursuant to Section 300, the court’s decision to detain shall not be based on the minor’s status as a dependent of the court or the child welfare services department’s inability to provide a placement for the minor. (b) If the court finds that the criteria of Section 628.1 are applicable, the court shall place the minor on home supervision for a period not to exceed 15 judicial days, and shall enter the order together with its findings of fact in support thereof in the records of the court. If the court releases the minor on home supervision, the court may continue, modify, or augment any conditions of release previously imposed by the probation officer, or may impose new conditions on a minor released for the first time. If there are new or modified conditions, the minor shall be required to sign a written promise to obey those conditions pursuant to Section 628.1. (c) If the probation officer is recommending that the minor be detained, the probation officer shall submit to the court documentation, as follows: (1) Documentation that continuance in the home is contrary to the minor’s welfare shall be submitted to the court as part of the detention report prepared pursuant to Section 635. (2) Documentation that reasonable efforts were made to prevent or eliminate the need for removal of the minor from the home and documentation of the nature and results of the services provided shall be submitted to the court either as part of the detention report prepared pursuant to Section 635, or as part of a case plan prepared pursuant to Section 636.1, but in no case later than 60 days from the date of detention. (d) Except as provided in subdivision (e), before detaining the minor, the court shall determine whether continuance in the home is contrary to the minor’s welfare and whether there are available services that would prevent the need for further detention. The court shall make that determination on a case-by-case basis and shall make reference to the documentation provided by the probation officer or other evidence relied upon in reaching its decision. (1) If the minor can be returned to the custody of the minor’s parent or legal guardian at the detention hearing, through the provision of services to prevent removal, the court shall release the minor to the physical custody of the minor’s parent or legal guardian and order that those services be provided. (2) If the minor cannot be returned to the custody of the minor’s parent or legal guardian at the detention hearing, the court shall state the facts upon which the detention is based. The court shall make the following findings on the record and reference the probation officer’s report or other evidence relied upon to make its setting determinations: (A) Whether continuance in the home of the parent or legal guardian is contrary to the minor’s welfare. (B) Whether reasonable efforts have been made to safely maintain the minor in the home of the minor’s parent or legal guardian and to prevent or eliminate the need for removal of the minor from the minor’s home. This finding shall be made at the detention hearing if possible, but in no case later than 60 days following the minor’s removal from the home. (3) If the minor cannot be returned to the custody of the minor’s parent or legal guardian at the detention hearing, the court shall make the following orders: (A) The probation officer shall provide services as soon as possible to enable the minor’s parent or legal guardian to obtain any assistance as may be needed to enable the parent or guardian to effectively provide the care and control necessary for the minor to return to the home. (B) The minor’s placement and care shall be the responsibility of the probation department pending disposition or further order of the court. (4) If the matter is set for rehearing pursuant to Section 637, or continued pursuant to Section 638, or continued for any other reason, the court shall find that the continuance of the minor in the parent’s or guardian’s home is contrary to the minor’s welfare at the initial petition hearing or order the release of the minor from custody. (e) For a minor who is a dependent of the court pursuant to Section 300, the court’s decision to detain the minor shall not be based on a finding that continuance in the minor’s current placement is contrary to the minor’s welfare. If the court determines that continuance in the minor’s current placement is contrary to the minor’s welfare, the court shall order the child welfare services department to place the minor in another licensed or approved placement. (f) For a placement made on or after October 1, 2021, each placement of the minor in a short-term residential therapeutic program shall comply with the requirements of Section 4096 and be reviewed by the court pursuant to Section 727.12. (g) For a placement made on or after July 1, 2022, each placement of the minor in a community treatment facility shall comply with the requirements of Section 4096 and be reviewed by the court pursuant to Section 727.12. (h) Whether the minor is returned home or detained, the court shall order the minor’s parent or guardian to cooperate with the probation officer in obtaining those services described in paragraph (1) of, or in subparagraph (A) of paragraph (3) of, subdivision (d). (Amended by Stats. 2023, Ch. 608, Sec. 2. (SB 448) Effective January 1, 2024.)
  199. 636.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 15. Wards—Temporary Custody and Detention [625 - 641] ( Heading of Article 15 renumbered from Article 6 by Stats. 1976, Ch. 1068. )

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    If a detained minor meets the listed conditions, the probation officer must complete a case plan within the stated deadline.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 15. Wards—Temporary Custody and Detention [625 - 641] ( Heading of Article 15 renumbered from Article 6 by Stats. 1976, Ch. 1068. ) ## 636.1. (a) When a minor is detained pursuant to Section 636 following a finding by the court that continuance in the home is contrary to the minor’s welfare and the minor is at risk of entering foster care, the probation officer shall, within 60 calendar days of initial removal, or by the date of the disposition hearing, whichever occurs first, complete a case plan. (b) If the probation officer believes that reasonable efforts by the minor, his or her parent or legal guardian, and the probation officer will enable the minor to safely return home, the case plan shall focus on those issues and activities associated with those efforts, including a description of the strengths and needs of the minor and his or her family and identification of the services that will be provided to the minor and his or her family in order to reduce or eliminate the need for the minor to be placed in foster care and make it possible for the minor to safely return to his or her home. (c) If, based on the information available to the probation officer, the probation officer believes that foster care placement is the most appropriate disposition, the case plan shall include all the information required by Section 706.6. (Amended by Stats. 2004, Ch. 332, Sec. 2. Effective January 1, 2005.)
  200. 636.2.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 15. Wards—Temporary Custody and Detention [625 - 641] ( Heading of Article 15 renumbered from Article 6 by Stats. 1976, Ch. 1068. )

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    A probation officer may run nonsecure detention facilities or contract with agencies for minors who are not escape risks and not a danger to themselves or others.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 15. Wards—Temporary Custody and Detention [625 - 641] ( Heading of Article 15 renumbered from Article 6 by Stats. 1976, Ch. 1068. ) ## 636.2. The probation officer may operate and maintain nonsecure detention facilities, or may contract with public or private agencies offering such services, for those minors who are not considered escape risks and are not considered a danger to themselves or to the person or property of another. Criteria to be considered for detention in such facilities shall include, but not be limited to: (a) the nature of the offense, (b) the minor’s previous record including escapes from secure detention facilities, (c) lack of criminal sophistication, and (d) the age of the minor. A minor detained in such facilities who leaves the same without permission may be housed in a secure facility following his apprehension, pending a detention hearing pursuant to Section 632. (Amended by Stats. 1977, Ch. 1241.)

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