DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000. - 5987.]
Division 5 repealed and added by Stats. 1967, Ch. 1667.
§§ 5000–5987 · 614 sections
PART 1. THE LANTERMAN-PETRIS-SHORT ACT §§ 5000–5550 · 270 sections
CHAPTER 1. General Provisions §§ 5000–5122 · 30 sections
- § 5000 This part shall be known and may be cited as the Lanterman-Petris-Short Act.
- § 5001 The provisions of this part and Part 1.5 (commencing with Section 5585) shall be construed to promote the legislative intent as follows: (a) To end the…
- § 5002 (a) Persons with mental health disorders and persons impaired by chronic alcoholism may no longer be judicially committed. (b) Persons with mental health…
- § 5003 Nothing in this part shall be construed in any way as limiting the right of any person to make voluntary application at any time to any public or private…
- § 5004 Persons with mental health disorders and persons with developmental disabilities shall receive protection from criminal acts equal to that provided any other…
- § 5004.5 (a) Notwithstanding any other law, a legal guardian, conservator, or other person who reasonably believes a person with a mental health disorder or…
- § 5005 Unless specifically stated, a person complained against in any petition or proceeding initiated by virtue of the provisions of this part shall not forfeit any…
- § 5006 The provisions of this part shall not be construed to deny treatment by spiritual means through prayer in accordance with the tenets and practices of a…
- § 5007 Unless otherwise indicated, the provisions of this part shall not be construed to apply retroactively to terminate court commitments of mentally ill persons or…
- § 5008 Unless the context otherwise requires, the following definitions shall govern the construction of this part: (a) “Evaluation” consists of multidisciplinary…
- § 5008.1 As used in this division and in Division 4 (commencing with Section 4000), Division 4.1 (commencing with Section 4400), Division 6 (commencing with Section…
- § 5008.2 (a) When applying the definition of mental disorder for the purposes of Articles 2 (commencing with Section 5200), 4 (commencing with Section 5250), and 5…
- § 5009 Persons receiving evaluation or treatment under this part shall be given a choice of physician or other professional person providing such services, in…
- § 5010 The agency established in this state to fulfill the requirements and assurances of Section 142 of the federal Developmental Disabilities Act of 1984 for a…
- § 5012 The fact that a person has been taken into custody under this part may not be used in the determination of that person’s eligibility for payment or…
- § 5013 (a) It is the intent of the Legislature that referrals between facilities, providers, and other organizations shall be facilitated by the sharing of…
- § 5014 (a) To the extent otherwise permitted under state and federal law and consistent with the Mental Health Services Act, both of the following apply for purposes…
- § 5020.1 A minor with a mental health condition, between the ages of 3 and 18, upon being considered for release from a state hospital shall have an aftercare plan…
- § 5110 Whenever a proceeding is held in a superior court under Article 5 (commencing with Section 5275) or Article 6 (commencing with Section 5300) of this chapter or…
- § 5111 Any county without a public defender is authorized to compensate the attorneys appointed for persons entitled to be represented by counsel in proceedings under…
- § 5113 Except as provided in Sections 5154, 5173, 5259.3, 5267, and 5306, the facility providing treatment pursuant to Article 1 (commencing with Section 5150),…
- § 5114 At any judicial proceeding under the provisions of this division, allegations that the person is a danger to others, or to himself, or gravely disabled as a…
- § 5115 The Legislature hereby finds and declares: (a) It is the policy of this state, as declared and established in this section and in the Lanterman Developmental…
- § 5116 (a) Pursuant to the policy stated in Section 5115, a state-authorized, certified, or licensed family care home, foster home, or group home serving six or fewer…
- § 5117 In order to further facilitate achieving the purposes of this act and the Lanterman Mental Retardation Act of 1969, it is desirable that there be a…
- § 5118 (a) For the purpose of conducting hearings under this part, the court in and for the county where the petition is filed may be convened at any time and place…
- § 5119 On and after July 1, 1972, when a person who is an employee of the State Department of Mental Health at the time of employment by a county in a county mental…
- § 5120 It is the policy of this state as declared and established in this act and in the Lanterman-Petris-Short Act that the care and treatment of individuals with a…
- § 5121 (a) The county behavioral health director may develop procedures for the county’s designation and training of professionals who will be designated to perform…
- § 5122 (a) For purposes of an opinion offered by an expert witness in a proceeding relating to the appointment or reappointment of a conservator pursuant to Chapter 3…
CHAPTER 2. Involuntary Treatment §§ 5150–5349.1 · 169 sections
ARTICLE 1. Detention of Persons with a Mental Health Condition for Evaluation and Treatment §§ 5150–5155 · 13 sections
- § 5150 (a) When a person, as a result of a mental health disorder, is a danger to others, or to themselves, or gravely disabled, a peace officer, professional person…
- § 5150.05 (a) When determining if probable cause exists to take a person into custody, or cause a person to be taken into custody, pursuant to Section 5150, a person who…
- § 5150.1 No peace officer seeking to transport, or having transported, a person to a designated facility for assessment under Section 5150, shall be instructed by…
- § 5150.2 In each county whenever a peace officer has transported a person to a designated facility for assessment under Section 5150, that officer shall be detained no…
- § 5150.4 “Assessment” for the purposes of this article, means the determination of whether a person shall be evaluated and treated pursuant to Section 5150.
- § 5150.5 (a) An examination or assessment pursuant to Section 5150 or 5151 may be conducted using telehealth. An examination or assessment provided pursuant to Section…
- § 5151 (a) If the facility designated by the county for evaluation and treatment admits the person, it may detain the person for evaluation and treatment for a period…
- § 5152 (a) A person admitted to a facility for 72-hour treatment and evaluation under the provisions of this article shall receive an evaluation as soon as possible…
- § 5152.1 The professional person in charge of the facility providing 72-hour evaluation and treatment, or his or her designee, shall notify the county behavioral health…
- § 5152.2 Each law enforcement agency within a county shall arrange with the county behavioral health director a method for giving prompt notification to peace officers…
- § 5153 Whenever possible, officers charged with apprehension of persons pursuant to this article shall dress in plain clothes and travel in unmarked vehicles.
- § 5154 (a) Notwithstanding Section 5113, if the provisions of Section 5152 have been met, the professional person in charge of the facility providing 72-hour…
- § 5155 Nothing in this part shall be construed as granting authority to local entities to issue licenses supplementary to existing state and local licensing laws.
ARTICLE 1.5. Detention of Individuals Under the Influence of Alcohol for Evaluation and Treatment §§ 5170–5176 · 12 sections
- § 5170 When any person is a danger to others, or to himself, or gravely disabled as a result of inebriation, a peace officer, member of the attending staff, as…
- § 5170.1 A 72-hour treatment and evaluation facility shall include one or more of the following: (1) A screening, evaluation, and referral facility which may be…
- § 5170.3 Such evaluation facility shall require an application in writing stating the circumstances under which the person’s condition was called to the attention of…
- § 5170.5 Any person placed in an evaluation facility has, immediately after he is taken to an evaluation facility and except where physically impossible, no later than…
- § 5170.7 A person who requests to be released from the facility before 72 hours have elapsed shall be released only if the psychiatrist directly responsible for the…
- § 5171 (a) If the facility for 72-hour treatment and evaluation of individuals under the influence of alcohol admits the person, it may detain the individual for…
- § 5172 Each person admitted to a facility for 72-hour treatment and evaluation under the provisions of this article shall receive an evaluation as soon after he or…
- § 5172.1 Any person who is a danger to others, or to himself, or gravely disabled as a result of inebriation, may voluntarily apply for admission to a 72-hour…
- § 5173 (a) Notwithstanding Section 5113, if the provisions of Section 5170.7 or 5172 have been met, the professional person in charge of the facility providing…
- § 5174 It is the intent of the Legislature (a) that facilities for 72-hour treatment and evaluation of inebriates be subject to state funding under Part 2 (commencing…
- § 5175 This article does not prevent a facility designated as a facility for 72-hour evaluation and treatment of individuals under the influence of alcohol from also…
- § 5176 (a) This article shall apply only to those counties wherein the board of supervisors has adopted a resolution stating that suitable facilities exist within the…
ARTICLE 2. Court-Ordered Evaluation for Persons with a Mental Health Condition §§ 5200–5213 · 13 sections
- § 5200 Any person alleged, as a result of mental disorder, to be a danger to others, or to himself, or to be gravely disabled, may be given an evaluation of his…
- § 5201 Any individual may apply to the person or agency designated by the county for a petition alleging that there is in the county a person who is, as a result of…
- § 5202 The person or agency designated by the county shall prepare the petition and all other forms required in the proceeding, and shall be responsible for filing…
- § 5203 Any individual who seeks a petition for court-ordered evaluation knowing that the person for whom the petition is sought is not, as a result of mental…
- § 5204 The petition for a court-ordered evaluation shall contain the following: (a) The name and address of the petitioner and his interest in the case. (b) The name…
- § 5205 The petition shall be in substantially the following form: In the Superior Court of the State of California for the County of _____ The People of the State of…
- § 5206 Whenever it appears, by petition pursuant to this article, to the satisfaction of a judge of a superior court that a person is, as a result of mental disorder,…
- § 5207 The order for evaluation shall be in substantially the following form: In the Superior Court of the State of California for the County of _____ The People of…
- § 5208 As promptly as possible, a copy of the petition and the order for evaluation shall be personally served on the person to be evaluated and the professional…
- § 5210 At the time a person is taken into custody for evaluation, or within a reasonable time thereafter, unless a responsible relative or the guardian or conservator…
- § 5211 The report of a patient’s property required by Section 5210 to be made by the person taking him into custody for evaluation shall be in substantially the…
- § 5212 Whenever possible, persons charged with service of orders and apprehension of persons pursuant to this article shall dress in plain clothes and travel in…
- § 5213 (a) If, upon evaluation, the person is found to be in need of treatment because the person is, as a result of a mental health disorder, a danger to self or…
ARTICLE 3. Court-Ordered Evaluation for Persons Impaired by Chronic Alcoholism or Drug Use §§ 5225–5230 · 7 sections
- § 5225 Whenever a criminal defendant who appears, as a result of chronic alcoholism or the use of narcotics or restricted dangerous drugs, to be a danger to others,…
- § 5226 Such a criminal defendant must be advised of his right to immediately continue with the criminal proceeding, and it is the duty of the judge to apprise the…
- § 5226.1 If a judge issues an order for evaluation under conditions set forth in this article, proceedings on the criminal charge then pending in the court from which…
- § 5227 The order for evaluation shall be in substantially the following form: In the Superior Court of the State of California for the County of _____ The People of…
- § 5228 As promptly as possible, a copy of the order for evaluation shall be personally served on the person to be evaluated and the professional person in charge of…
- § 5229 At the time a person is ordered to undergo evaluation, or within a reasonable time thereafter, unless a responsible relative or the guardian or conservator of…
- § 5230 If, upon evaluation, the person is found to be in need of treatment because he is, as a result of impairment by chronic alcoholism or the use of narcotics or…
ARTICLE 4. Certification for Intensive Treatment §§ 5250–5259.3 · 24 sections
- § 5250 If a person is detained for 72 hours under the provisions of Article 1 (commencing with Section 5150), or under court order for evaluation pursuant to Article…
- § 5250.1 The professional person in charge of a facility providing intensive treatment, pursuant to Section 5250 or 5270.15, or that person’s designee, shall notify the…
- § 5251 (a) For a person to be certified under this article, a notice of certification shall be signed by two people. (1) The first person shall be the professional…
- § 5252 A notice of certification is required for all persons certified for intensive treatment pursuant to Section 5250 or 5270.15, and shall be in substantially the…
- § 5253 A copy of the certification notice shall be personally delivered to the person certified, the person’s attorney, or the attorney or advocate designated in…
- § 5254 The person delivering the copy of the notice of certification to the person certified shall, at the time of delivery, inform the person certified that he or…
- § 5254.1 The person delivering the copy of the notice of certification to the person certified shall, at the time of delivery, inform the person certified of his or her…
- § 5255 As soon after the certification as practicable, an attorney or patient advocate shall meet with the person certified to discuss the commitment process and to…
- § 5256 (a) When a person is certified for intensive treatment pursuant to Section 5250 or 5270.15, a certification review hearing shall be held unless judicial review…
- § 5256.1 The certification review hearing shall be conducted by either a court-appointed commissioner or a referee, or a certification review hearing officer. The…
- § 5256.2 At the certification review hearing, the evidence in support of the certification decision shall be presented by a person designated by the director of the…
- § 5256.3 The person certified shall be present at the certification review hearing unless he or she, with the assistance of his or her attorney or advocate, waives his…
- § 5256.4 (a) At the certification review hearing, the person certified shall have the following rights: (1) Assistance by an attorney or advocate. (2) To present…
- § 5256.5 If at the conclusion of the certification review hearing the person conducting the hearing finds that there is not probable cause to believe that the person…
- § 5256.6 If at the conclusion of the certification review hearing the person conducting the hearing finds that there is probable cause that the person certified is, as…
- § 5256.7 The person certified shall be given oral notification of the decision at the conclusion of the certification review hearing. As soon thereafter as is…
- § 5256.8 The requirement that there is a certification review hearing in accordance with this article shall apply only to persons certified for intensive treatment on…
- § 5257 (a) During the period of intensive treatment pursuant to Section 5250 or 5270.15, the person’s involuntary detention shall be terminated and the person shall…
- § 5257.5 (a) A care coordination plan shall be developed by, at a minimum, the individual, the facility, the county behavioral health department, the health care payer,…
- § 5258 After the involuntary detention has begun, the total period of detention, including intervening periods of voluntary treatment, shall not exceed the total…
- § 5259 Nothing in this article shall prohibit the professional person in charge of a treatment facility, or his or her designee, from permitting a person certified…
- § 5259.1 Any individual who is knowingly and willfully responsible for detaining a person in violation of the provisions of this article is liable to that person in…
- § 5259.2 Whenever a county designates two or more facilities to provide treatment, and the person to be treated, his or her family, conservator, or guardian expresses a…
- § 5259.3 (a) Notwithstanding Section 5113, if the provisions of Section 5257 have been met, the professional person in charge of the facility providing intensive…
ARTICLE 4.5. Additional Intensive Treatment of Suicidal Persons §§ 5260–5268 · 9 sections
- § 5260 At the expiration of the 14-day period of intensive treatment any person who, as a result of mental disorder or impairment by chronic alcoholism, during the…
- § 5261 (a) For a person to be certified under this article, a second notice of certification shall be signed by the professional person in charge of the facility…
- § 5262 A second notice of certification for imminently suicidal persons is required for all involuntary 14-day intensive treatment, pursuant to this article, and…
- § 5263 Copies of the second notice of certification for imminently suicidal persons, as set forth in Section 5262, shall be filed with the court and personally…
- § 5264 (a) A certification for imminently suicidal persons shall be for no more than 14 days of intensive treatment, and shall terminate only as soon as the…
- § 5265 Any individual who is knowingly and willfully responsible for detaining a person for more than 14 days in violation of the provisions of Section 5264 is liable…
- § 5266 Whenever a county designates two or more facilities to provide intensive treatment and the person to be treated, his family, conservator or guardian expresses…
- § 5267 (a) Notwithstanding Section 5113, if the provisions of Section 5264 have been met, the professional person in charge of the facility providing intensive…
- § 5268 Nothing in this article shall prohibit the professional person in charge of an intensive treatment facility, or his designee, from permitting a person…
ARTICLE 4.7. Additional Intensive Treatment §§ 5270.10–5270.70 · 13 sections
- § 5270.10 It is the intent of the Legislature to reduce the number of gravely disabled persons for whom conservatorship petitions are filed and who are placed under the…
- § 5270.12 This article shall be operative only in those counties in which the county board of supervisors, by resolution, authorizes its application and, by resolution,…
- § 5270.15 (a) Upon the completion of a 14-day period of intensive treatment pursuant to Section 5250, the person may be certified for an additional period of not more…
- § 5270.20 (a) For a person to be certified under this article, a second notice of certification shall be signed by the professional person in charge of the facility…
- § 5270.25 A second notice of certification is required for all involuntary intensive treatment, pursuant to this article, and shall be in substantially the form…
- § 5270.30 Copies of the second notice of certification as set forth in Section 5270.25, shall be filed with the court and personally delivered to the person certified. A…
- § 5270.35 (a) A certification pursuant to this article shall be for no more than 30 days of intensive treatment, and shall terminate only as soon as the psychiatrist…
- § 5270.40 Any individual who is knowingly and willfully responsible for detaining a person for more than 30 days in violation of the provisions of Section 5270.35 is…
- § 5270.45 Whenever a county designates two or more facilities to provide intensive treatment and the person to be treated, his or her family, conservator, or guardian…
- § 5270.50 (a) Notwithstanding Section 5113, if the provisions of Section 5270.35 have been met, the professional person in charge of the facility providing intensive…
- § 5270.55 (a) Whenever it is contemplated that a gravely disabled person may need to be detained beyond the end of the 14-day period of intensive treatment and prior to…
- § 5270.65 Nothing in this article shall prohibit the professional person in charge of an intensive treatment facility, or a designee, from permitting a person certified…
- § 5270.70 (a) If, after 15 days of the 30-day period of intensive treatment pursuant to this article, but at least 7 days before expiration of the 30 days, the…
ARTICLE 5. Judicial Review §§ 5275–5278 · 6 sections
- § 5275 Every person detained under this part shall have a right to a hearing by writ of habeas corpus for their release after they or any person acting on their…
- § 5276 Judicial review shall be in the superior court for the county in which the facility providing intensive treatment is located or in the county in which the…
- § 5276.1 The person requesting release may, upon advice of counsel, waive the presence at the evidentiary hearing of the physician, licensed psychologist who meets the…
- § 5276.2 In the event that the person, or anyone acting on his or her behalf, withdraws the request for judicial review, a certification review hearing shall be held…
- § 5277 A finding under Section 5276 shall not be admissible in evidence in any civil or criminal proceeding without the consent of the person who was the subject of…
- § 5278 Individuals authorized under this part to detain a person for 72-hour treatment and evaluation pursuant to Article 1 (commencing with Section 5150) or Article…
ARTICLE 6. Postcertification Procedures for Imminently Dangerous Persons §§ 5300–5309 · 13 sections
- § 5300 (a) At the expiration of the 14-day period of intensive treatment, a person may be confined for further treatment pursuant to the provisions of this article…
- § 5300.5 For purposes of this article: (a) “Custody” shall be construed to mean involuntary detainment under the provisions of this part uninterrupted by any period of…
- § 5301 (a) At any time during the 14-day intensive treatment period the professional person in charge of the licensed health facility, or his or her designee, may ask…
- § 5302 At the time of filing of a petition for postcertification treatment the court shall advise the person named in the petition of his right to be represented by…
- § 5303 The court shall conduct the proceedings on the petition for postcertification treatment within four judicial days of the filing of the petition and in…
- § 5303.1 For the purposes of any hearing or jury trial held pursuant to this article, the judge of the court in which such hearing or trial is held may appoint a…
- § 5304 (a) The court shall remand a person named in the petition for postcertification treatment to the custody of the State Department of State Hospitals or to a…
- § 5305 (a) Any person committed pursuant to Section 5300 may be placed on outpatient status if all of the following conditions are satisfied: (1) In the evaluation of…
- § 5306 (a) Notwithstanding Section 5113, if the provisions of Section 5309 have been met, the superintendent, the professional person in charge of the hospital…
- § 5306.5 (a) If at any time during the outpatient period, the outpatient treatment supervisor is of the opinion that the person receiving treatment requires extended…
- § 5307 If at any time during the outpatient period the public officer, pursuant to Section 5114, is of the opinion that the person is a danger to the health and…
- § 5308 Upon the filing of a request for revocation of outpatient status under Section 5306.5 or 5307 and pending the court’s decision on revocation, the person…
- § 5309 (a) Nothing in this article shall prohibit the superintendent or professional person in charge of the hospital in which the person is being involuntarily…
ARTICLE 7. Legal and Civil Rights of Persons Involuntarily Detained §§ 5325–5337 · 47 sections
- § 5325 Each person involuntarily detained for evaluation or treatment under provisions of this part, and each person admitted as a voluntary patient for psychiatric…
- § 5325.1 Persons with mental illness have the same legal rights and responsibilities guaranteed all other persons by the Federal Constitution and laws and the…
- § 5325.2 Any person who is subject to detention pursuant to Section 5150, 5250, 5260, 5270.15, or 5270.70 shall have the right to refuse treatment with antipsychotic…
- § 5325.3 (a) For purposes of administering antipsychotic medications to a person admitted as a voluntary patient, as described in Section 850 of Title 9 of the…
- § 5325.4 (a) If a person is involuntarily detained for assessment, evaluation, or treatment under this part, the facility to which the person is brought shall offer and…
- § 5326 The professional person in charge of the facility or state hospital or his or her designee may, for good cause, deny a person any of the rights under Section…
- § 5326.1 Quarterly, each local mental health director shall furnish to the Director of Health Care Services, the facility reports of the number of persons whose rights…
- § 5326.15 (a) Quarterly, any doctor or facility which administers convulsive treatments or psychosurgery, shall report to the local mental health director, who shall…
- § 5326.2 To constitute voluntary informed consent, the following information shall be given to the patient in a clear and explicit manner: (a) The reason for treatment,…
- § 5326.3 The State Department of Health Care Services and State Department of State Hospitals shall promulgate a standard written consent form, setting forth clearly…
- § 5326.4 The treating physician shall then present to the patient the supplemented form specified under Section 5326.3 and orally, clearly, and in detail explain all of…
- § 5326.5 (a) For purposes of this chapter, “written informed consent” means that a person knowingly and intelligently, without duress or coercion, clearly and…
- § 5326.55 Persons who serve on review committees shall not otherwise be personally involved in the treatment of the patient whose case they are reviewing.
- § 5326.6 Psychosurgery, wherever administered, may be performed only if: (a) The patient gives written informed consent to the psychosurgery. (b) A responsible relative…
- § 5326.7 Subject to the provisions of subdivision (f) of Section 5325, convulsive treatment may be administered to an involuntary patient, including anyone under…
- § 5326.75 Convulsive treatment for all other patients including but not limited to those voluntarily admitted to a facility, or receiving the treatment in a physician’s…
- § 5326.8 Under no circumstances shall convulsive treatment be performed on a minor under 12 years of age. Persons 16 and 17 years of age shall personally have and…
- § 5326.85 No convulsive treatment shall be performed if the patient, whether admitted to the facility as a voluntary or involuntary patient, is deemed to be able to give…
- § 5326.9 (a) Any alleged or suspected violation of the rights described in Chapter 2 (commencing with Section 5150) shall be investigated by the local director of…
- § 5326.91 In any facility in which convulsive treatment is performed on a person whether admitted to the facility as an involuntary or voluntary patient, the facility…
- § 5326.95 The Director of State Hospitals shall adopt regulations to carry out the provisions of this chapter, including standards defining excessive use of convulsive…
- § 5327 Every person involuntarily detained under provisions of this part or under certification for intensive treatment or postcertification treatment in any public…
- § 5328 (a) All information and records obtained in the course of providing services under Division 4 (commencing with Section 4000), Division 4.1 (commencing with…
- § 5328.01 Notwithstanding Section 5328, all information and records made confidential under the first paragraph of Section 5328 shall also be disclosed to governmental…
- § 5328.02 Notwithstanding Section 5328, all information and records made confidential under the first paragraph of Section 5328 shall also be disclosed to the Youth…
- § 5328.03 (a) (1) Notwithstanding Section 5328 of this code, Section 3025 of the Family Code, or paragraph (2) of subdivision (c) of Section 56.11 of the Civil Code, a…
- § 5328.04 (a) Notwithstanding Section 5328, information and records made confidential under that section may be disclosed to a county social worker, a probation officer,…
- § 5328.05 (a) Notwithstanding Section 5328, information and records may be disclosed when an older adult client, in the opinion of a designee of a human service agency…
- § 5328.06 (a) Notwithstanding Section 5328, information and records shall be disclosed to the protection and advocacy agency established in this state to fulfill the…
- § 5328.1 (a) Upon request of a member of the family of a patient, or other person designated by the patient, a public or private treatment facility shall give the…
- § 5328.15 All information and records obtained in the course of providing services under Division 5 (commencing with Section 5000), Division 6 (commencing with Section…
- § 5328.2 Notwithstanding Section 5328, movement and identification information and records regarding a patient who is committed to the department, state hospital, or…
- § 5328.3 (a) When a voluntary patient would otherwise be subject to the provisions of Section 5150 of this part and disclosure is necessary for the protection of the…
- § 5328.4 The physician in charge of the patient, or the professional person in charge of the facility or his or her designee, when he or she has probable cause to…
- § 5328.5 Information and records described in Section 5328 may be disclosed in communications relating to the prevention, investigation, or treatment of elder abuse or…
- § 5328.6 When any disclosure of information or records is made as authorized by the provisions of Section 11878 or 11879 of the Health and Safety Code, subdivision (a)…
- § 5328.7 Signed consent forms by a patient for release of any information to which such patient is required to consent under the provisions of Sections 11878 or 11879…
- § 5328.8 (a) The State Department of State Hospitals, the physician in charge of the patient, or the professional person in charge of the facility or his or her…
- § 5328.9 If at such time as a patient’s hospital records are required by an employer to whom the patient has applied for employment, such records shall be forwarded to…
- § 5329 Nothing in this chapter shall be construed to prohibit the compilation and publication of statistical data for use by government or researchers under standards…
- § 5330 (a) Any person may bring an action against an individual who has willfully and knowingly released confidential information or records concerning him or her in…
- § 5331 No person may be presumed to be incompetent because he or she has been evaluated or treated for mental disorder or chronic alcoholism, regardless of whether…
- § 5332 (a) Antipsychotic medication, as defined in subdivision (l) of Section 5008, may be administered to any person subject to detention pursuant to Section 5150,…
- § 5333 (a) Persons subject to capacity hearings pursuant to Section 5332 shall have a right to representation by an advocate or legal counsel. “Advocate,” as used in…
- § 5334 (a) (1) Capacity hearings required by Section 5332 shall be heard within 24 hours of the filing of the petition whenever possible. However, if any party needs…
- § 5336 (a) (1) A determination that a person does not have the capacity to refuse treatment with antipsychotic medication made pursuant to Section 5334 during the…
- § 5337 Notwithstanding Section 5257, nothing shall prohibit the filing of a petition for post certification pursuant to Article 6 (commencing with Section 5300) for…
ARTICLE 8. Community Controlled Substances Treatment Services §§ 5340–5344 · 5 sections
- § 5340 It is the intention of the Legislature by enacting this article to provide legal procedures for the custody, evaluation, and treatment of users of controlled…
- § 5341 As used in this article, “controlled substances” means those substances referred to in Division 10 (commencing with Section 11000) of the Health and Safety…
- § 5342 Where other applicable sections of this part contain the phrase “a danger to himself or herself or others, or gravely disabled,” such sections shall be deemed…
- § 5343 Notwithstanding any other provision of law, if any person is a danger to others or to himself or herself, or gravely disabled, as a result of the use of…
- § 5344 Any expenditure for the custody, evaluation, treatment, or other procedures for services rendered a person pursuant to this article shall be considered an…
ARTICLE 9. The Assisted Outpatient Treatment Demonstration Project Act of 2002 §§ 5345–5349.1 · 7 sections
- § 5345 (a) This article shall be known, and may be cited, as Laura’s Law. (b) “Assisted outpatient treatment” shall be defined as categories of outpatient services…
- § 5346 (a) In any county or group of counties where services are available as provided in Section 5348, a court may order a person who is the subject of a petition…
- § 5346.5 (a) In a county or group of counties where services are available, as provided in Section 5348, and in accordance with the requirements of Section 5346, a…
- § 5347 (a) In a county or group of counties where services are available pursuant to Section 5348, a person who is determined by the court to be subject to…
- § 5348 (a) For purposes of subdivision (e) of Section 5346, a county or group of counties that chooses to provide assisted outpatient treatment services pursuant to…
- § 5349 (a) A county or group of counties that does not wish to implement this article may opt out of the requirements of this article by a resolution passed by the…
- § 5349.1 (a) A county or group of counties that implements this article, shall, in consultation with the State Department of Health Care Services, client and family…
CHAPTER 3. Conservatorship for Persons with a Grave Disability §§ 5350–5372 · 42 sections
- § 5350 A conservator of the person, of the estate, or of the person and the estate may be appointed for a person who is gravely disabled or impaired by chronic…
- § 5350.1 The purpose of conservatorship, as provided for in this article, is to provide individualized treatment, supervision, and placement.
- § 5350.2 Reasonable attempts shall be made by the county mental health program to notify family members or any other person designated by the person for whom…
- § 5350.5 (a) If a conservatorship has already been established under the Probate Code, the court, in a proceeding under the Probate Code, after an evidentiary hearing…
- § 5351 In each county or counties acting jointly under the provisions of Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the…
- § 5352 When the professional person in charge of an agency providing comprehensive evaluation or a facility providing intensive treatment determines that a person in…
- § 5352.1 (a) The court may establish a temporary conservatorship for a period not to exceed 30 days and appoint a temporary conservator, on the basis of the…
- § 5352.2 Where the duly designated officer providing conservatorship investigation is a public guardian, his official oath and bond as public guardian are in lieu of…
- § 5352.3 If the professional person in charge of the facility providing intensive treatment recommends conservatorship pursuant to Section 5352, the proposed…
- § 5352.4 If a conservatee appeals the court’s decision to establish conservatorship, the conservatorship shall continue unless execution of judgment is stayed by the…
- § 5352.5 (a) Conservatorship proceedings may be initiated for any person committed to a state hospital or local mental health facility or placed on outpatient treatment…
- § 5352.6 Within 10 days after conservatorship of the person has been established under the provisions of this article, there shall be an individualized treatment plan…
- § 5353 A temporary conservator under this chapter shall determine what arrangements are necessary to provide the person with food, shelter, and care pending the…
- § 5354 (a) The officer providing conservatorship investigation shall investigate all available alternatives to conservatorship, including, but not limited to,…
- § 5354.5 Except as otherwise provided in this section, the person recommended to serve as conservator shall promptly notify the officer providing conservatorship…
- § 5355 If the conservatorship investigation results in a recommendation for conservatorship, the recommendation shall designate the most suitable person, corporation,…
- § 5356 The report of the officer providing conservatorship investigation shall contain his or her recommendations concerning the powers to be granted to, and the…
- § 5357 All conservators of the estate shall have the general powers specified in Chapter 6 (commencing with Section 2400) of Part 4 of Division 4 of the Probate Code…
- § 5358 (a) (1) When ordered by the court after the hearing required by this section, a conservator appointed pursuant to this chapter shall place his or her…
- § 5358.1 Neither a conservator, temporary conservator, or public guardian appointed pursuant to this chapter, nor a peace officer acting pursuant to Section 5358.5,…
- § 5358.2 If a conservatee requires medical treatment and the conservator has not been specifically authorized by the court to require the conservatee to receive medical…
- § 5358.3 (a) At any time, a conservatee or any person on the conservatee’s behalf with the consent of the conservatee or the conservatee’s counsel, may petition the…
- § 5358.5 When any conservatee placed into a facility pursuant to this chapter leaves the facility without the approval of the conservator or the person in charge of the…
- § 5358.6 Any conservator who places his or her conservatee in an inpatient facility pursuant to Section 5358, may also require the conservatee to undergo outpatient…
- § 5358.7 When any conservatee challenges his or her placement or conditions of confinement pursuant to Section 1473 of the Penal Code or Section 7250 of the Welfare and…
- § 5359 A conservator appointed under this chapter shall find alternative placement for his conservatee within seven days after he is notified by the person in charge…
- § 5360 The officer providing conservatorship investigation shall recommend, in his report to the court, for or against imposition of a disability set forth in Section…
- § 5361 (a) Conservatorship initiated pursuant to this chapter shall automatically terminate one year after the appointment of the conservator by the superior court.…
- § 5362 (a) The clerk of the superior court shall notify each conservator, his or her conservatee and the person in charge of the facility in which the person resides,…
- § 5363 In the event the conservator continues in good faith to act within the powers granted him in the original decree of conservatorship beyond the one-year period,…
- § 5364 (a) At any time, the conservatee may petition the superior court for a rehearing as to their status as a conservatee. However, after the filing of the first…
- § 5365 A hearing shall be held on all petitions under this chapter within 30 days of the date of the petition. The court shall appoint the public defender or other…
- § 5365.1 The conservatee or proposed conservatee may, upon advice of counsel, waive the presence at any hearing under this chapter of the physician or other…
- § 5366.1 (a) Any person detained as of June 30, 1969, under court commitment, in a private institution, a county psychiatric hospital, facility of the Veterans…
- § 5367 Conservatorship established under this chapter shall supersede any commitment under former provisions of this code relating to inebriates or the mentally ill.
- § 5368 A person who is no longer a conservatee shall not be presumed to be incompetent by virtue of his having been a conservatee under the provisions of this part.
- § 5369 When a conservatee who has criminal charges pending against him and has been found mentally incompetent under Section 1370 of the Penal Code recovers his…
- § 5370 Notwithstanding any other provision of law, a conservatorship proceeding may be initiated pursuant to this chapter for any person who has been charged with an…
- § 5370.1 The court in which a petition to establish a conservatorship is filed may appoint the county counsel or a private attorney to represent a private conservator…
- § 5370.2 (a) The State Department of State Hospitals and the State Department of Health Care Services shall contract with a single nonprofit agency that meets the…
- § 5371 No person upon whom a duty is placed to evaluate, or who, in fact, does evaluate a conservatee for any purpose under this chapter shall have a financial or…
- § 5372 (a) The provisions of Section 1051 of the Probate Code shall apply to conservatorships established pursuant to this chapter. (b) The Judicial Council shall, on…
CHAPTER 4. Administration §§ 5400–5405 · 8 sections
- § 5400 (a) The Director of Health Care Services shall administer this part and shall adopt rules, regulations, and standards as necessary. In developing rules,…
- § 5400.1 (a) The State Department of Health Care Services shall issue guidance regarding Medi-Cal reimbursement for covered Medi-Cal services provided to an individual…
- § 5402 (a) The State Department of Health Care Services shall collect data quarterly and publish, on or before May 1 of each year, a report including quantitative,…
- § 5402.2 The Director of State Hospitals shall develop a master plan for the utilization of state hospital facilities identifying levels of care. The level of care…
- § 5402.5 (a) On or before December 1, 2023, the State Department of Health Care Services shall convene a stakeholder group to create a model care coordination plan to…
- § 5403 (a) From July 1, 1991 to June 30, 1993, inclusive, regulations promulgated by the department shall not be subject to the approval of the California Conference…
- § 5404 (a) Counties may designate facilities to provide evaluation and treatment in accordance with Article 1 (commencing with Section 5150) of Chapter 2 of this…
- § 5405 (a) This section shall apply to each facility licensed by the State Department of Health Care Services, or its delegated agent, on or after January 1, 2003.…
CHAPTER 6.2. Mental Health Advocacy §§ 5500–5550 · 21 sections
ARTICLE 1. General Provisions § 5500 · 1 section
- § 5500 As used in this chapter: (a) “Advocacy” means those activities undertaken on behalf of persons who are receiving or have received mental health services to…
ARTICLE 2. Patients’ Rights Program §§ 5510–5514 · 5 sections
- § 5510 (a) The Legislature finds and declares as follows: (1) The State of California accepts its responsibility to ensure and uphold the right of persons with mental…
- § 5511 The Director of State Hospitals or the executive director of each state hospital may contract with independent persons or agencies to perform patients’ rights…
- § 5512 Training of county patients’ rights advocates shall be provided by the contractor specified in Section 5510 responsible for the provision of protection and…
- § 5513 The patients’ rights program shall serve as a liaison between county patients’ rights advocates and the State Department of Health Care Services.
- § 5514 There shall be a five-person Patients’ Rights Committee formed through the California Behavioral Health Planning Council. This committee, supplemented by two…
ARTICLE 3. County Advocates §§ 5520–5525 · 6 sections
- § 5520 Each local mental health director shall appoint, or contract for the services of, one or more county patients’ rights advocates. The duties of these advocates…
- § 5521 It is the intent of the Legislature that legal representation regarding changes in client legal status or conditions and other areas covered by statute…
- § 5522 County patients’ rights advocates may conduct investigations if there is probable cause to believe that the rights of a past or present recipient of mental…
- § 5523 (a) Notwithstanding any other provision of law, and without regard to the existence of a guardianship or conservatorship, a recipient of mental health services…
- § 5524 (a) Subject to subdivision (b), a county shall verify that county patients’ rights advocates review the patients’ rights advocacy training materials provided…
- § 5525 (a) An employer, or any person acting on behalf of the employer, shall not make, adopt, or enforce any rule, regulation, or policy preventing a county…
ARTICLE 4. Access to Clients § 5530 · 1 section
- § 5530 (a) County patients’ rights advocates shall have access to all clients and other recipients of mental health services in any mental health facility, program,…
ARTICLE 5. Access to Records §§ 5540–5546 · 7 sections
- § 5540 Except as otherwise provided in this chapter or in other provisions of law, information about and records of recipients of mental health services shall be…
- § 5541 (a) A specific authorization by the client or by the guardian ad litem is necessary for a county patients’ rights advocate to have access to, copy or otherwise…
- § 5542 County patients’ rights advocates shall have the right to inspect or copy, or both, any records or other materials not subject to confidentiality under Section…
- § 5543 (a) Notwithstanding any other provision of law, with the authorization of the client, a county patients’ rights advocate may, to the extent necessary for…
- § 5544 Any written client information obtained by county patients’ rights advocates may be used and disseminated in court or administrative proceedings, and to any…
- § 5545 Nothing in this chapter shall be construed to limit access to recipients of mental health services in any mental health facility, program, or service or to…
- § 5546 The actual cost of copying any records or other materials authorized under this chapter, plus any additional reasonable clerical costs, incurred in locating…
ARTICLE 6. Penalties § 5550 · 1 section
- § 5550 (a) Any person participating in filing a complaint or providing information pursuant to this chapter or participating in a judicial proceeding resulting…
PART 1.5. CHILDREN'S CIVIL COMMITMENT AND MENTAL HEALTH TREATMENT ACT OF 1988 §§ 5585–5585.59 · 13 sections
CHAPTER 1. General Provisions §§ 5585–5585.25 · 6 sections
- § 5585 This part shall be known as the Children’s Civil Commitment and Mental Health Treatment Act of 1988.
- § 5585.10 This part shall be construed to promote the legislative intent and purposes of this part as follows: (a) To provide prompt evaluation and treatment of minors…
- § 5585.20 This part shall apply only to the initial 72 hours of mental health evaluation and treatment provided to a minor. Notwithstanding the provisions of the…
- § 5585.21 The Director of Health Care Services may promulgate regulations as necessary to implement and clarify the provisions of this part as they relate to minors.
- § 5585.22 The Director of Health Care Services, in consultation with the County Behavioral Health Directors Association of California, may develop the appropriate…
- § 5585.25 “Gravely disabled minor” means a minor who, as a result of a mental disorder, is unable to use the elements of life that are essential to health, safety, and…
CHAPTER 2. Civil Commitment of Minors §§ 5585.50–5585.59 · 7 sections
- § 5585.50 (a) When any minor, as a result of mental disorder, is a danger to others, or to himself or herself, or gravely disabled and authorization for voluntary…
- § 5585.52 Any minor detained under the provisions of Section 5585.50 shall receive a clinical evaluation consisting of multidisciplinary professional analyses of the…
- § 5585.53 If, in the opinion of the professional person conducting the evaluation as specified in Section 5585.52, the minor will require additional mental health…
- § 5585.55 The minor committed for involuntary treatment under this part shall be placed in a mental health facility designated by the county and approved by the State…
- § 5585.57 A minor experiencing a mental health condition, upon being considered for release from involuntary treatment, shall have an aftercare plan developed. The plan…
- § 5585.58 This part shall be funded under the Bronzan-McCorquodale Act pursuant to Part 2 (commencing with Section 5600), as part of the county performance contract.
- § 5585.59 For the purposes of this part, legally emancipated minors requiring involuntary treatment shall be considered adults and this part shall not apply.
PART 2. THE BRONZAN-MCCORQUODALE ACT §§ 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,…
PART 3. ADULT AND OLDER ADULT MENTAL HEALTH SYSTEM OF CARE ACT §§ 5800–5815 · 15 sections
- § 5800 This part shall be known and may be cited as the Adult and Older Adult Mental Health System of Care Act.
ARTICLE 1. Legislative Findings and Intent §§ 5801–5802 · 2 sections
- § 5801 (a) A system of care for adults and older adults with severe mental illness results in the highest benefit to the client, family, and community while ensuring…
- § 5802 (a) The Legislature finds that a mental health system of care for adults and older adults with severe and persistent mental illness is vital for successful…
ARTICLE 2. Establishing New County Systems of Care §§ 5803–5809 · 6 sections
- § 5803 (a) The State Department of Health Care Services shall issue a request for proposals to develop system of care programs no later than October 1 in any year in…
- § 5805 (a) The State Department of Health Care Services shall require counties to use funds distributed pursuant to subdivision (c) of Section 5891 for eligible…
- § 5806 (a) The State Department of Health Care Services shall establish service standards so that adults and older adults in the target population are identified and…
- § 5807 (a) The State Department of Health Care Services shall require counties which receive funding to develop interagency collaboration with shared responsibilities…
- § 5808 In order to reduce the state and county cost of a mental health system of care, participating counties shall collect reimbursement for services from clients…
- § 5809 The State Department of Health Care Services shall continue to work with participating counties and other interested parties to refine and establish client and…
ARTICLE 4. Financial Participation §§ 5813–5815 · 6 sections
- § 5813 County participation under this part shall be voluntary.
- § 5813.5 (a) Counties shall use funds distributed pursuant to subdivision (c) of Section 5891 for the provision of behavioral health services under Sections 5801, 5802,…
- § 5813.6 (a) (1) By July 1 of each year, the Director of Health Care Services shall submit to the Legislature final budget enactment information regarding the…
- § 5814 (a) (1) This part shall be implemented only to the extent that funds are appropriated for purposes of this part. To the extent that funds are made available,…
- § 5814.5 (a) (1) In any year in which funds are appropriated for this purpose through the annual Budget Act, counties funded under this part in the 1999–2000 fiscal…
- § 5815 The State Department of Health Care Services shall seek all available federal funding for mental health services for veterans.
PART 3.1. HUMAN RESOURCES, EDUCATION, AND TRAINING PROGRAMS §§ 5820–5822 · 3 sections
- § 5820 (a) It is the intent of this part to establish a program with dedicated funding to remedy the shortage of qualified individuals to provide services to address…
- § 5821 (a) The California Behavioral Health Planning Council shall advise the Office of Statewide Health Planning and Development on education and training policy…
- § 5822 The Office of Statewide Health Planning and Development shall include in the five-year plan: (a) Expansion plans for the capacity of postsecondary education to…
PART 3.2. INNOVATIVE PROGRAMS §§ 5830–5831 · 2 sections
- § 5830 (a) (1) Each county shall establish and administer a program for housing interventions to serve persons who are chronically homeless or experiencing…
- § 5831 (a) (1) Notwithstanding any other law, a capital development project funded, in whole or in part, pursuant to Section 5892 shall be a use by right that shall…
PART 3.4. Early Psychosis Intervention Plus (EPI PLUS) Program §§ 5835–5835.5 · 6 sections
- § 5835 (a) This part shall be known, and may be cited, as the Early Psychosis Intervention (EPI) Plus Program to encompass early psychosis and mood disorder detection…
- § 5835.1 (a) The Early Psychosis and Mood Disorder Detection and Intervention Fund is hereby created within the State Treasury. The moneys in the fund shall be…
- § 5835.2 (a) There is hereby established an advisory committee to the commission. The Behavioral Health Services Oversight and Accountability Commission shall accept…
- § 5835.3 (a) It is the intent of the Legislature to authorize the commission to administer a competitive selection process as provided in this part to create new, and…
- § 5835.4 Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2…
- § 5835.5 Implementation of the grant program established pursuant to Section 5835.3 and the adoption of regulations pursuant to Section 5835.4 is contingent upon…
PART 3.6. PREVENTION AND EARLY INTERVENTION PROGRAMS §§ 5840–5840.7 · 4 sections
CHAPTER 1. Prevention and Early Intervention Programs §§ 5840–5840.2 · 2 sections
- § 5840 (a) (1) Each county shall establish and administer an early intervention program that is designed to prevent mental illnesses and substance use disorders from…
- § 5840.2 The department shall contract for the provision of services pursuant to this part with each county mental health program in the manner set forth in Section…
CHAPTER 2. Prevention and Early Intervention Program Planning §§ 5840.6–5840.7 · 2 sections
- § 5840.6 For purposes of this chapter, the following definitions shall apply: (a) “County” includes a city receiving funds pursuant to Section 5701.5. (b) “Early…
- § 5840.7 (a) The State Department of Health Care Services, in consultation with the Behavioral Health Services Oversight and Accountability Commission, shall establish…
PART 3.7. OVERSIGHT AND ACCOUNTABILITY §§ 5845–5847 · 5 sections
- § 5845 (a) The Behavioral Health Services Oversight and Accountability Commission is hereby established to promote transformational change in California’s behavioral…
- § 5845.1 (a) (1) The Behavioral Health Services Act Innovation Partnership Fund is hereby created in the State Treasury. (2) The fund shall be administered by the state…
- § 5845.5 In addition to the activities authorized under Section 5845, the commission may establish a fellowship program in accordance with this section for the purpose…
- § 5845.8 (a) The commission shall biennially report to the Senate and Assembly Committees on Health, Senate Budget Subcommittee on Health and Human Services, and…
- § 5847 Integrated Plans for Prevention, Innovation, and System of Care Services. (a) Each county mental health program shall prepare and submit a three-year program… see note
PART 3.8. COMMUNITY-BASED SERVICES §§ 5848.5–5848.7 · 4 sections
- § 5848.5 (a) The Legislature finds and declares all of the following: (1) California has realigned public community mental health services to counties, and it is…
- § 5848.51 (a) The Legislature finds and declares all of the following: (1) Community alternatives should be expanded to reduce the need for mental health and substance…
- § 5848.6 Any emergency regulations that may be adopted by the California Health Facilities Financing Authority, as described in paragraph (8) of subdivision (d) of…
- § 5848.7 (a) (1) Except as described in subdivision (b), any program or pilot program in which mental health professionals respond in collaboration with law enforcement…
PART 3.9. The No Place Like Home Program §§ 5849.1–5849.15 · 16 sections
- § 5849.1 (a) The Legislature finds and declares that this part is consistent with and furthers the purposes of the Mental Health Services Act, enacted by Proposition 63…
- § 5849.2 As used in this part, the following definitions shall apply: (a) “At risk of chronic homelessness” includes, but is not limited to, persons who are at high…
- § 5849.3 (a) There is hereby established the No Place Like Home Program Advisory Committee. Membership on the committee shall be as follows: (1) The Director of Housing…
- § 5849.35 (a) The authority may do all of the following: (1) Consult with the commission and the State Department of Health Care Services concerning the implementation…
- § 5849.4 (a) The No Place Like Home Fund is hereby created within the State Treasury and, notwithstanding Section 13340 of the Government Code, continuously…
- § 5849.5 The department may adopt guidelines or regulations, including emergency regulations to expedite the award of moneys pursuant to this part, in consultation with…
- § 5849.6 For the purpose of administering Sections 5849.7 and 5849.8, the department shall organize counties into the following competitive groupings based on…
- § 5849.7 (a) In order to finance permanent supportive housing for the target population, the department may enter into one or more contracts with the authority as…
- § 5849.8 (a) Under any service contract entered into pursuant to Section 5849.35, the department may allocate an amount not to exceed one billion eight hundred million…
- § 5849.9 (a) Under any service contract entered into under Section 5849.35, in addition to the competitive program established by Section 5849.8, the department may…
- § 5849.10 (a) The sum of six million two hundred thousand dollars ($6,200,000) is hereby appropriated from the Mental Health Services Fund to the department to provide…
- § 5849.11 (a) The counties shall annually report to the department on activities funded under this part, including information on the funded supportive housing…
- § 5849.12 (a) Upon an appropriation of funds for the purpose of this section, the department shall contract with a public or private research university in this state to…
- § 5849.13 An action to determine the validity of any contract or loan authorized pursuant to Section 5849.35 or of any bond authorized to be issued pursuant to Section…
- § 5849.14 The Department of Finance may authorize one or more loans from the General Fund to the No Place Like Home Fund for cashflow purposes in an aggregate amount not…
- § 5849.15 The voters ratify all of the following provisions as being consistent with and in furtherance of Proposition 63, enacted by the voters at the November 2, 2004,…
PART 4. THE CHILDREN'S MENTAL HEALTH SERVICES ACT §§ 5850–5886 · 39 sections
CHAPTER 1. Interagency System of Care §§ 5850–5878.3 · 33 sections
ARTICLE 1. Legislative Findings and Intent §§ 5850–5851.5 · 3 sections
- § 5850 This part shall be known and may be cited as the Children’s Mental Health Services Act.
- § 5851 (a) The Legislature finds and declares that there is no comprehensive county interagency system throughout California for the delivery of mental health…
- § 5851.5 For the purposes of this part, a “system of care county” means a county which has been approved by the State Department of Health Care Services as having the…
ARTICLE 2. County Systems of Care and Their Mission §§ 5852–5855.5 · 6 sections
- § 5852 There is hereby established an interagency system of care for children with serious emotional and behavioral disturbances that provides comprehensive,…
- § 5852.5 The State Department of Health Care Services, in consultation with the Behavioral Health Services Oversight and Accountability Commission, shall review those…
- § 5853 County participation under this part shall be voluntary.
- § 5854 The State Department of Health Care Services may contract with counties whose programs have been approved by the department and selected pursuant to Article 4…
- § 5855 The State Department of Health Care Services shall adopt as part of its overall mission the development of community-based, comprehensive, interagency systems…
- § 5855.5 (a) Projects funded pursuant to Part 4 (commencing with Section 5850) of Division 5, as added by Chapter 89 of the Statutes of 1991, shall continue under the…
ARTICLE 3. Target Client Population §§ 5856–5856.2 · 2 sections
- § 5856 For the purposes of this part, “children with serious emotional disturbance” means those minors under 18 years of age as described in paragraph (2) of…
- § 5856.2 (a) An eligible child includes a child with serious emotional disturbance who meets the requirements of Section 5856 and who is referred by collaborating…
ARTICLE 4. County Selection §§ 5857–5860 · 3 sections
- § 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…
- § 5859 If applications are deficient and not ready for approval, department program staff shall provide specific written descriptions of areas of deficiency to…
- § 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…
ARTICLE 5. County Proposal Components §§ 5861–5864 · 4 sections
- § 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…
- § 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…
- § 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…
- § 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…
ARTICLE 6. County System of Care Requirements §§ 5865–5867.5 · 6 sections
- § 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,…
- § 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…
- § 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,…
- § 5866 (a) Counties shall develop a method to encourage interagency collaboration with shared responsibility for services and the client and cost outcome goals. (b)…
- § 5867 Counties shall demonstrate a maintenance of effort in children’s mental health services. Any reduction of existing Bronzan-McCorquodale children’s services…
- § 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…
ARTICLE 7. County Service Standards § 5868 · 1 section
- § 5868 (a) The State Department of Health Care Services shall establish service standards so that children and youth in the target population are identified and…
ARTICLE 8. State Department of Health Care Services Requirements § 5869 · 1 section
- § 5869 The State Department of Health Care Services shall provide participating counties with all of the following: (a) Applications for funding guidelines and…
ARTICLE 9. Requirement to Collect Reimbursements § 5872 · 1 section
- § 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,…
ARTICLE 10. Application for State Regulation Waivers §§ 5875–5878 · 3 sections
- § 5875 The Secretary of California Health and Human Services shall require the State Department of Health Care Services to develop an administrative waiver process…
- § 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…
- § 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…
ARTICLE 11. Services for Children with Severe Mental Illness §§ 5878.1–5878.3 · 3 sections
- § 5878.1 (a) It is the intent of this article to establish programs that ensure services will be provided to eligible children and youth, as defined in Section 5892,…
- § 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… see note
- § 5878.3 (a) (1) (A) Counties shall use funds distributed pursuant to subdivision (c) of Section 5891 to offer services to eligible children and youth, as defined in of…
CHAPTER 2. System Evaluation §§ 5879–5883 · 5 sections
- § 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…
- § 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,…
- § 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…
- § 5882 (a) Participating counties shall assign sufficient resources to performance evaluation to enable the county to fulfill all evaluation responsibilities…
- § 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…
CHAPTER 3. Mental Health Student Services Act § 5886 · 1 section
- § 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…
PART 4.1. Full-Service Partnership §§ 5887–5887.1 · 2 sections
- § 5887 (a) Each county shall establish and administer a full-service partnership program that include the following services: (1) Mental health services, supportive…
- § 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…
PART 4.5. MENTAL HEALTH SERVICES FUND §§ 5890–5899.1 · 15 sections
- § 5890 (a) (1) The Behavioral Health Services Fund is hereby created in the State Treasury. (2) The fund shall be administered by the state. (3) Notwithstanding…
- § 5891 (a) (1) (A) The funding established pursuant to this act shall be utilized by counties to expand mental health and substance use disorder treatment services.…
- § 5891.5 (a) (1) Notwithstanding any other law, the programs and services and supports in paragraphs (1), (2), and (3) of subdivision (a) of Section 5892 may include…
- § 5892 (a) To promote efficient implementation of this act, subject to subdivision (c), the county shall use funds distributed from the Behavioral Health Services… see note
- § 5892.1 (a) All unspent funds subject to reversion pursuant to subdivision (i) of Section 5892 as of July 1, 2017, are deemed to have been reverted to the fund and…
- § 5892.2 (a) The State Department of Health Care Services, in consultation with the County Behavioral Health Directors Association of California, shall establish a… see note
- § 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…
- § 5892.5 (a) (1) The California Housing Finance Agency, with the concurrence of the State Department of Health Care Services, shall release unencumbered Behavioral…
- § 5893 (a) In a year that the funds available exceed the amount allocated to counties, the excess funds shall be carried forward to the next fiscal year to be…
- § 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…
- § 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… see note
- § 5897 (a) (1) Notwithstanding any other state law, the State Department of Health Care Services shall implement the programs and services specified in subdivision…
- § 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…
- § 5899 (a) (1) The State Department of Health Care Services, in consultation with the Behavioral Health Services Oversight and Accountability Commission and the… see note
- § 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…
PART 5. INSTITUTIONS FOR MENTAL DISEASE §§ 5900–5912 · 11 sections
CHAPTER 1. General Provisions §§ 5900–5912 · 11 sections
ARTICLE 1. Legislative Findings and Intent §§ 5900–5901 · 2 sections
- § 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…
- § 5901 (a) The Legislature finds that the following issues relating to program operation must be resolved prior to the full assumption of responsibility for…
ARTICLE 2. Interim Contracting Mechanism §§ 5902–5903.5 · 3 sections
- § 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…
- § 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…
- § 5903.5 Notwithstanding any other provision of law, the department may liquidate accounts receivable from individual clients or payees of clients from institution for…
ARTICLE 3. Procedures for the Transfer of Responsibility from the State to the Counties §§ 5907–5912 · 6 sections
- § 5907 No later than January 1, 1992, the director, in consultation with the California Conference of Local Mental Health Directors and representatives of…
- § 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…
- § 5909 (a) The Director of Health Care Services shall retain the authority and responsibility to monitor and approve special treatment programs in skilled nursing…
- § 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…
- § 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…
- § 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…
PART 7. Behavioral Health Services and Supports §§ 5960–5967.01 · 45 sections
CHAPTER 1. Behavioral health continuum infrastructure program §§ 5960–5960.4 · 10 sections
- § 5960 The department may establish the Behavioral Health Continuum Infrastructure Program pursuant to this chapter if the Legislature appropriates funds for this…
- § 5960.05 If the department establishes the program pursuant to this chapter, the department may award competitive grants to qualified entities to construct, acquire,…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
CHAPTER 2. Children and youth behavioral health initiative act §§ 5961–5961.5 · 6 sections
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
CHAPTER 3. Behavioral Health Modernization Act §§ 5963–5963.06 · 7 sections
ARTICLE 2. Behavioral Health Planning and Reporting §§ 5963–5963.06 · 7 sections
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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,…
- § 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,…
CHAPTER 3.5. Hospital, Emergency Medical Services, and Behavioral Health Facilities Bed Capacity Data Solution § 5964 · 1 section
- § 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,…
CHAPTER 4. Behavioral Health Infrastructure Bond Act of 2024 §§ 5965–5967.01 · 21 sections
- § 5965 This chapter shall be known, and may be cited, as the Behavioral Health Infrastructure Bond Act of 2024.
- § 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,…
- § 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…
- § 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…
- § 5965.04 (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…
- § 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…
- § 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…
- § 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,…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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 XIIIB of the California…
- § 5966 (a) (1) The Department of Housing and Community Development, in coordination with the Department of Veterans Affairs, shall determine the methodology and…
- § 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…
- § 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…
- § 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…
PART 8. The Community Assistance, Recovery, and Empowerment Act §§ 5970–5987 · 30 sections
CHAPTER 1. General Provisions §§ 5970–5971 · 3 sections
- § 5970 This part shall be known, and may be cited, as the Community Assistance, Recovery, and Empowerment (CARE) Act.
- § 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…
- § 5971 Unless the context otherwise requires, the following definitions shall govern the construction of this part. (a) “CARE agreement” means a voluntary settlement…
CHAPTER 2. Process §§ 5972–5978.2 · 17 sections
- § 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…
- § 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…
- § 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,…
- § 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.…
- § 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…
- § 5975.2 CARE Act proceedings may be conducted by a superior court judge or by a court-appointed commissioner or other subordinate judicial officer.
- § 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…
- § 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…
- § 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)…
- § 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…
- § 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.…
- § 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…
- § 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…
- § 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…
- § 5978 (a) A court may refer an individual from assisted outpatient treatment, from conservatorship proceedings pursuant to Chapter 3 (commencing with Section 5350)…
- § 5978.1 (a) For purposes of this section, “facility” means a facility that provides assessment, evaluation, and crisis intervention pursuant to subdivision (a) of…
- § 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…
CHAPTER 3. Accountability § 5979 · 1 section
- § 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…
CHAPTER 4. Supporter and Counsel §§ 5980–5981.5 · 3 sections
- § 5980 (a) Subject to appropriation, the department, in consultation with disability rights groups, county behavioral health and aging agencies, individuals with…
- § 5981 (a) Notwithstanding any other provision of this part, the respondent may have a supporter present in any meeting, judicial proceeding, status hearing, or…
- § 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…
CHAPTER 5. CARE Plan § 5982 · 1 section
- § 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,…
CHAPTER 6. Technical Assistance and Administration §§ 5983–5987 · 5 sections
- § 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,…
- § 5984 (a) For purposes of implementing this part, the California Health and Human Services Agency and the department may enter into exclusive or nonexclusive…
- § 5985 (a) (1) The department shall develop, in consultation with county behavioral health agencies, other relevant state or local government entities, disability…
- § 5986 (a) An independent, research-based entity shall be retained by the department to develop, in consultation with county behavioral health agencies, county CARE…
- § 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…