PART 2. THE BRONZAN-MCCORQUODALE ACT [5600. - 5772.]
Heading of Part 2 amended by Stats. 1992, Ch. 1374, Sec. 14.
§§ 5600–5772 · 134 sections
CHAPTER 1. General Provisions §§ 5600–5623.6 · 31 sections
- § 5600 (a) This part shall be known and may be cited as the Bronzan-McCorquodale Act. This part is intended to organize and finance community mental health services…
- § 5600.1 The mission of California’s mental health system shall be to enable persons experiencing severe and disabling mental illnesses and children with serious…
- § 5600.2 To the extent resources are available, public mental health services in this state should be provided to priority target populations in systems of care that…
- § 5600.3 To the extent resources are available, the primary goal of the use of funds deposited in the mental health account of the local health and welfare trust fund…
- § 5600.35 (a) Services should be encouraged in every geographic area to the extent resources are available for clients in the target population categories described in…
- § 5600.4 Community mental health services should be organized to provide an array of treatment options in the following areas, to the extent resources are available:…
- § 5600.5 The minimum array of services for children and youth meeting the target population criteria established in subdivision (a) of Section 5600.3 should include the…
- § 5600.6 The minimum array of services for adults meeting the target population criteria established in subdivision (b) of Section 5600.3 should include the following…
- § 5600.7 The minimum array of services for older adults meeting the target population criteria established in subdivision (b) of Section 5600.3 should include the…
- § 5600.9 (a) Services to the target populations described in Section 5600.3 should be planned and delivered to the extent practicable so that persons in all ethnic…
- § 5601 As used in this part: (a) “Governing body” means the county board of supervisors or boards of supervisors in the case of counties acting jointly; and in the…
- § 5602 The board of supervisors of every county, or the boards of supervisors of counties acting under the joint powers provisions of Article 1 (commencing with…
- § 5604 (a) (1) (A) Each community mental health service shall have a behavioral health board consisting of 10 to 15 members, depending on the preference of the…
- § 5604.1 (a) Local behavioral health boards are subject to the provisions of Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the…
- § 5604.2 (a) The local behavioral health board shall do all of the following: (1) Review and evaluate the community’s public behavioral health needs, services,…
- § 5604.3 (a) (1) The board of supervisors may pay from available funds the actual and necessary expenses of the members of the behavioral health board of a community…
- § 5604.5 The local behavioral health board shall develop bylaws to be approved by the governing body that shall do all of the following: (a) Establish the specific…
- § 5607 The local mental health services shall be administered by a local director of mental health services to be appointed by the governing body. He or she shall…
- § 5608 The local director of mental health services shall have the following powers and duties: (a) Serve as chief executive officer of the community mental health…
- § 5610 (a) (1) Each county behavioral health system shall comply with reporting requirements developed by the State Department of Health Care Services, in…
- § 5611 (a) The Director of State Hospitals shall establish a Performance Outcome Committee, to be comprised of representatives from the Public Law 99-660 Planning…
- § 5612 (a) (1) The Performance Outcome Committee shall develop measures of performance for evaluating client outcomes and cost effectiveness of mental health services…
- § 5613 (a) Counties shall annually report data on performance measures established pursuant to Section 5612 to the local behavioral health board and to the Director…
- § 5614 (a) The department, in consultation with the Compliance Advisory Committee that shall have representatives from relevant stakeholders, including, but not…
- § 5614.5 (a) The department, in consultation with the Quality Improvement Committee which shall include representatives of the California Behavioral Health Planning…
- § 5615 If they so elect, cities that were operating independent public mental health programs on January 1, 1990, shall continue to receive direct payments.
- § 5616 Nothing in this part shall prevent any city or combination of cities from owning, financing, and operating a mental health program.
- § 5618 Mental health plans shall be responsible for providing information to potential clients, family members, and caregivers regarding specialty Medi-Cal mental…
- § 5622 (a) A licensed inpatient mental health facility, as described in subdivision (c) of Section 1262 of the Health and Safety Code, operated by a county or…
- § 5623.5 Commencing October 1, 1991, and to the extent resources are available, no county shall deny any person receiving services administered by the county mental…
- § 5623.6 (a) Individuals who have been found incompetent to stand trial and whose charges have been dismissed by the court pursuant to paragraph (2) of subdivision (b)…
CHAPTER 2. The County Performance Contract §§ 5650–5667 · 13 sections
- § 5650 (a) The State Department of Health Care Services and each county shall have a performance contract for community mental health services, the Mental Health…
- § 5650.5 Any other provision of law referring to the county Short-Doyle plan shall be construed as referring to the county mental health services performance contract…
- § 5651 (a) Counties shall comply with the terms of the county mental health services performance contract. (b) The county mental health services performance contract…
- § 5652.5 (a) Each county shall utilize available private and private nonprofit mental health resources and facilities in the county prior to developing new…
- § 5652.7 A county shall have only 60 days from the date of submission of an application to review and certify or deny an application to establish a new mental health…
- § 5653 (a) Optimum use shall be made of appropriate local public and private organizations, community professional personnel, and state agencies. Optimum use shall…
- § 5653.1 In conducting evaluation, planning, and research activities, counties may contract with public or private agencies.
- § 5654 In order to serve the increasing needs of children and adolescents with mental and emotional problems, county mental health programs may use funds for the…
- § 5655 All departments of state government and all local public agencies shall cooperate with county officials to assist them in mental health planning. The State…
- § 5657 (a) The private organization or private nonprofit organization awarded a contract with the county agency to supply mental health services under this part shall…
- § 5664 (a) In consultation with the County Behavioral Health Directors Association of California, the State Department of Health Care Services, the Behavioral Health…
- § 5665 After the development of performance outcome measures pursuant to Section 5610, whenever a county makes a substantial change in its allocation of mental health…
- § 5667 (a) A community mental health center shall be considered to be a licensed facility for all purposes, including all provisions of the Health and Safety Code and…
CHAPTER 2.5. Program Initiatives §§ 5670–5698 · 43 sections
ARTICLE 1. Community Residential Treatment System §§ 5670–5676.5 · 11 sections
- § 5670 (a) It is the intent of the Legislature to encourage the development of a system of residential treatment programs in every county which provides a range of…
- § 5670.5 Criteria for community residential treatment system programs are as follows: (a) Facilities: (1) Settings, whether residential or day, should be as close to a…
- § 5671 The following should be the programs in the community residential treatment system. These programs should be designed to provide, at every level, alternatives…
- § 5671.5 It is the intent of the Legislature that programs serving children and adolescents should be established under this chapter. Such programs should follow the…
- § 5672 The types of programs serving children and adolescents referred to in Section 5671.5 are those described in this section. The programs should meet the criteria…
- § 5675 (a) (1) Mental health rehabilitation centers shall only be licensed by the State Department of Health Care Services subsequent to application by counties,…
- § 5675.05 (a) A mental health rehabilitation center may admit clients diagnosed only with a severe substance use disorder, as defined in subdivision (o) of Section 5008,…
- § 5675.1 (a) In accordance with subdivision (b), the State Department of Health Care Services may establish a system for the imposition of prompt and effective civil…
- § 5675.2 (a) There is hereby created in the State Treasury the Mental Health Facility Licensing Fund, from which money, upon appropriation by the Legislature in the…
- § 5676 (a) The State Department of Health Care Services, in conjunction with the State Department of Public Health, shall develop a state-level plan for a streamlined…
- § 5676.5 (a) It is the intent of the Legislature to ensure that funds allocated to establish or enhance mental health programs are used to integrate the new or enhanced…
ARTICLE 2. Community Support System for Persons Who are Homeless with a Mental Health Disability §§ 5680–5688.6 · 10 sections
- § 5680 To assist persons who are homeless with a mental health disability to secure, stabilize, and maintain safe and adequate living arrangements in the community,…
- § 5681 (a) It is the intent of the Legislature that, when funds are made available, counties should ensure the delivery of long-range services and community support…
- § 5682 The goal of the community support system is to ensure that needed community services are provided to persons who are homeless with a mental health disability…
- § 5683 The function of the community support system is to conduct active outreach to persons who are homeless with a mental health disability, to secure and maintain…
- § 5683.5 Community support systems may provide temporary funds to their homeless clients for their personal incidental living needs while the clients are in residential…
- § 5685 Counties may provide specific services, contract with a public or private agency, or a combination of both. Nothing contained in this article shall prevent a…
- § 5685.5 (a) A county may contract with the local office of the public guardian to receive and manage income and benefits for persons with a mental health condition,…
- § 5686 If a county believes that a person with a mental health disability may be unable to manage their SSI/SSP funds, the county mental health program shall advise…
- § 5686.5 In order to make the most efficient use of the public funds appropriated for this purpose, counties are encouraged to maximize the use of existing public and…
- § 5688.6 All funds appropriated for persons who are homeless with a mental health disability that have been determined to be unexpended and unencumbered two years after…
ARTICLE 3. Community Vocational Rehabilitation System §§ 5690–5693.5 · 7 sections
- § 5690 It is the intent of the Legislature to, encourage the establishment in each county of a system of community vocational rehabilitation and employment services,…
- § 5691 (a) A county may implement the community vocational rehabilitation system described in this chapter with existing county allocations, funds available from the…
- § 5692 The State Department of Health Care Services shall, to the extent resources are available, have responsibility for the provision of technical assistance,…
- § 5692.5 Programs that constitute the community vocational rehabilitation system are of the following types: (a) Prevocational programs should be, but are not limited…
- § 5693 The following principles should guide development of community vocational rehabilitation systems: (a) Work: (1) Work should be meaningful, necessary, and have…
- § 5693.2 Counties undertaking development of a community vocational rehabilitation system are encouraged to establish an advisory group consisting of primary consumers,…
- § 5693.5 The director shall provide technical assistance to those counties developing a community vocational rehabilitation system. In the event that the department…
ARTICLE 4. Self-Help §§ 5694–5694.5 · 2 sections
- § 5694 A community support program for persons who are homeless with a mental health disability should also assist its clients to establish self-help groups and peer…
- § 5694.5 The counties may utilize designated mental health funding pursuant to this part for establishing and maintaining any client self-help mental health projects.
ARTICLE 5. Policy Initiatives for Children with Serious Emotional Disturbance § 5694.7 · 1 section
- § 5694.7 When the director of behavioral health in a county is notified pursuant to Section 319.1 or 635.1, or Section 7572.5 of the Government Code about a specific…
ARTICLE 6. Regional Facilities for Wards with Serious Emotional Disturbance §§ 5695–5697.5 · 11 sections
- § 5695 The Legislature finds and declares the following: (a) The Legislature has declared its intent to provide, at the local level, a range of appropriate mental…
- § 5695.2 There may be established, on a regional basis, secure facilities which are physically and programmatically designed for the commitment and ongoing treatment of…
- § 5695.5 A board of directors for a facility shall be established to provide oversight and direction to the design, implementation, and operation of the facility in…
- § 5695.7 (a) The board of directors shall be composed of the chief probation officer and the local mental health directors of each of the participating counties. (b)…
- § 5696 Prior to the opening of a regional facility, the board of directors shall develop written admission criteria, approved by the Department of Corrections and…
- § 5696.2 No ward shall be admitted to any regional facility described in this chapter who meets any of the following criteria: (a) The ward has a primary substance…
- § 5696.5 Prior to the opening of a facility, the board of directors shall establish written program standards and policies and procedures, approved by the Division of…
- § 5696.7 Wards shall be referred for admission to the director of a regional facility following screening and approval through a joint mental health and probation…
- § 5697 The regional board of directors shall contract with the county in which the regional facility is located for the provision of a public education program which…
- § 5697.2 The board of directors of a regional facility shall submit to the Director of the Youth Authority, a report which includes, at a minimum, a description of the…
- § 5697.5 The Director of the Youth Authority, in conjunction with the Director of Mental Health, shall adopt rules and regulations to establish, monitor, and enforce…
ARTICLE 7. System of Care for Children and Youth with Serious Emotional Disturbance § 5698 · 1 section
- § 5698 It is the intent of the Legislature to encourage in each county a system of care for children and youth with serious emotional disturbance. This system of care…
CHAPTER 2.7. Case Management for Children With Serious Emotional Disturbance §§ 5699–5699.5 · 6 sections
- § 5699 (a) The Legislature finds and declares all of the following: (1) That mental health case management services required for children with serious emotional…
- § 5699.1 Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
- § 5699.2 Children identified for case management services under this section shall be minors under 18 years of age described in Section 5600.3 with serious emotional…
- § 5699.3 “Individual treatment plan” means a plan that includes all of the following: (a) An assessment of the minor’s specific capabilities and problems. (b) A…
- § 5699.4 On and after January 1, 1987, any county may provide case management services for children with serious emotional disturbance pursuant to this chapter. The…
- § 5699.5 Nothing in this chapter shall be construed to authorize the use of state funds to provide services under this chapter or to enforce the provisions of this…
CHAPTER 3. Financial Provisions §§ 5700–5717 · 20 sections
- § 5700 (a) The Legislature recognizes that mental health services provided by county mental health programs are funded from the following general categories or…
- § 5701 (a) To achieve equity of funding, available funding for local mental health programs beyond the funding provided pursuant to Section 17601 shall be distributed…
- § 5701.1 Notwithstanding Section 5701, the State Department of Health Care Services, in consultation with the County Behavioral Health Directors Association of…
- § 5701.2 (a) The State Department of Mental Health, or its successor, the State Department of State Hospitals, shall maintain records of any transfer of funds or state…
- § 5701.4 Costs that were reimbursed, prior to July 1, 1991, from the local assistance appropriation contained in Item 4440-101-001 of the annual Budget Act, shall be…
- § 5701.5 City-operated Bronzan-McCorquodale programs paid by the state under Section 5615 shall be directly funded in accordance with this chapter.
- § 5702 For the purposes of this part, the definition of maintenance of effort contained in Section 17608.05 shall apply.
- § 5703 Nothing in this chapter shall prevent a county, or counties acting jointly, from appropriating additional funds for mental health services. In no event shall…
- § 5704 Funds described in paragraphs (1) and (2) of subdivision (a) of Section 5700 shall be deposited in the mental health account of the local health and welfare…
- § 5704.5 (a) It is the intent of the Legislature that special consideration be given to children’s services in funding county services to expand existing programs or to…
- § 5704.6 (a) Except as provided in subdivision (c), each county shall allocate for services to persons under age 18, 50 percent of the amount of any funding…
- § 5705 (a) Negotiated net amounts may be used as the cost of services in contracts between the county and a subprovider of services. A negotiated net amount shall be…
- § 5706 Notwithstanding any other provision of law, the portions of the county mental health services performance contract which become a contractual arrangement…
- § 5707 Funds appropriated to the State Department of Health Care Services which are designated for local mental health services and funds which the State Department…
- § 5709 (a) A county shall not charge fees for Medi-Cal specialty mental health services to Medi-Cal beneficiaries who do not have a share of cost or Medi-Cal…
- § 5710 (a) Charges for the care and treatment of each patient receiving service from a county mental health program shall not exceed the actual cost thereof as…
- § 5713 Advances for funding mental health services may be made by the Director of Mental Health from funds appropriated to the department for local mental health…
- § 5714 To continue county expenditures for legal proceedings involving persons with mental health disorders, the following costs incurred in carrying out Part 1…
- § 5715 Subject to the approval of the State Department of Health Care Services, at the end of the fiscal year, a county may retain unexpended funds allocated to it by…
- § 5717 (a) Expenditures that may be funded from amounts allocated to the county by the State Department of Health Care Services from funds appropriated to the…
CHAPTER 3.5. Mental Health Master Plan Development Act §§ 5730–5733 · 4 sections
- § 5730 This act is to be known as the Mental Health Master Plan Development Act.
- § 5731 The Legislature finds and declares that the mental health system is a large and important segment of California’s system of health care. The Legislature…
- § 5732 (a) Given the requirements of Public Law 99-660 and the significant policy issues currently facing the mental health system in California, a master plan for…
- § 5733 The Mental Health Master Plan shall include, but not be limited to, an analysis of all of the following: (a) The specific planning elements required by Public…
CHAPTER 4. Operation and Administration §§ 5750–5772 · 17 sections
- § 5750 The State Department of Health Care Services shall administer this part and shall adopt standards for the approval of mental health services, and rules and…
- § 5751 (a) Regulations pertaining to the qualifications of directors of local mental health services shall be administered in accordance with Section 5607. These…
- § 5751.1 Regulations pertaining to the position of director of local mental health services, where the local director is other than the local health officer or medical…
- § 5751.2 (a) Except as provided in this section, persons employed or under contract to provide mental health services pursuant to this part, or pursuant to Article 5…
- § 5751.7 (a) For the purposes of this part and the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000)), the State Department of Health Care Services and…
- § 5755.1 The state mental health plan shall be submitted to the California Council on Mental Health and the Advisory Health Council or its successor for review and…
- § 5767 The department, in consultation with a statewide organization representing county mental health services, shall strengthen and ensure statewide application of…
- § 5768 (a) Notwithstanding any other provision of law, except as to requirements relating to fire and life safety of persons with mental illness, the State Department…
- § 5768.5 (a) When a mental health patient is being discharged from any facility authorized under Section 5675 or 5768, the patient and the patient’s conservator,…
- § 5769 Whenever the director determines that a county’s personnel regulations and procedures are impediments to the timely implementation of programs developed and…
- § 5770 Notwithstanding any other provision of law, the State Department of Health Care Services may directly, or by contract, with any public or private agency,…
- § 5770.5 The State Department of Health Care Services shall encourage county mental health programs to develop and support local programs designed to provide technical…
- § 5771 (a) Pursuant to Public Law 102-321, there is the California Behavioral Health Planning Council. The purpose of the planning council shall be to fulfill those…
- § 5771.1 (a) The members of the Behavioral Health Services Oversight and Accountability Commission established pursuant to Section 5845 are members of the California…
- § 5771.3 The California Behavioral Health Planning Council may utilize staff of the State Department of Health Care Services, to the extent they are available, and the…
- § 5771.5 (a) (1) The Chairperson of the California Behavioral Health Planning Council, with the concurrence of a majority of the members of the California Behavioral…
- § 5772 The California Behavioral Health Planning Council shall have the powers and authority necessary to carry out the duties imposed upon it by this chapter,…