reglab/housing_qa huggingface dataset:
CA Welf & Inst Code § 5523 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES|PART 1 - THE LANTERMAN-PETRIS-SHORT ACT|CHAPTER 6.2 - Mental Health Advocacy|ARTICLE 3 - County Advocates|Section 5523.

5523.  (a) Notwithstanding any other provision of law, and without regard to the existence of a guardianship or conservatorship, a recipient of mental health services is presumed competent for the purpose of entering into an agreement with county patients’ rights advocates for the provision of advocacy services unless found by the superior court to be incompetent to enter into an agreement with an advocate and a guardian ad litem is appointed for such purposes.(b) In conducting investigations in cases in which an advocate has not received a request for advocacy services from a recipient of mental health services or from another person on behalf of a recipient of mental health services, the advocate shall notify the treating professional responsible for the care of any recipient of services whom the advocate wishes to interview, and the facility, service, or program administrator, of his or her intention to conduct such an interview. Whenever the treating professional is reasonably available for consultation, the advocate shall consult with the professional concerning the appropriate time to conduct the interview.(c) Any agreement with any county patients’ rights advocate entered into by a mental health client shall be made knowingly and voluntarily or by a guardian ad litem. It shall be in a language or modality which the client understands. Any such agreement may, at any time, be revoked by the client or by the guardian ad litem, whoever has entered into the agreement, either in writing or by oral declaration to the advocate.(d) Nothing in this chapter shall be construed to prohibit a recipient of mental health services from being represented by public or private legal counsel of his or her choice.(e) The remedies provided by this chapter shall be in addition to any other remedies which may be available to any person, and the failure to pursue or exhaust the remedies or engage in the procedures provided by this chapter shall not preclude the invocation of any other remedy.(f) Investigations concerning violations of a past recipients’ rights shall be limited to cases involving discrimination, cases indicating the need for education or training, or cases having a direct bearing on violations of the right of a current recipient. This subdivision is not intended to constrain the routine monitoring for compliance with patients’ rights provisions described in subdivision (b) of Section 5520.(Amended by Stats. 1984, Ch. 193, Sec. 151.)
CA Welf & Inst Code § 5524 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES|PART 1 - THE LANTERMAN-PETRIS-SHORT ACT|CHAPTER 6.2 - Mental Health Advocacy|ARTICLE 3 - County Advocates|Section 5524.

5524.  (a) Subject to subdivision (b), a county shall verify that county patients’ rights advocates review the patients’ rights advocacy training materials provided online as described in paragraph (5) of subdivision (a) of Section 5370.2 within 90 days of employment. The county shall keep a record of this verification and send a copy electronically to the Patients’ Rights Committee of the California Behavioral Health Planning Council established pursuant to Section 5514.(b) A county patients’ rights advocate who has been employed for at least one year on or after January 1, 2019, shall not be required to review the materials described in paragraph (5) of subdivision (a) of Section 5370.2.(c) The requirements of this section do not replace the ongoing training required to be provided by the contractor to county patients’ rights advocates as described in Section 5512.(Added by Stats. 2018, Ch. 237, Sec. 3. (AB 2316) Effective January 1, 2019.)
CA Welf & Inst Code § 5530 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES|PART 1 - THE LANTERMAN-PETRIS-SHORT ACT|CHAPTER 6.2 - Mental Health Advocacy|ARTICLE 4 - Access to Clients|Section 5530.

5530.  (a) County patients’ rights advocates shall have access to all clients and other recipients of mental health services in any mental health facility, program, or service at all times as are necessary to investigate or resolve specific complaints and in accord with subdivision (b) of Section 5523. County patients’ rights advocates shall have access to mental health facilities, programs, and services, and recipients of services therein during normal working hours and visiting hours for other advocacy purposes. Advocates may appeal any denial of access directly to the head of any facility, the director of a county mental health program, or the State Department of Health Care Services, or may seek appropriate relief in the courts. If a petition to a court sets forth prima facie evidence for relief, a hearing on the merits of the petition shall be held within two judicial days of the filing of the petition. The superior court for the county in which the facility is located shall have jurisdiction to review petitions filed pursuant to this chapter.(b) County patients’ rights advocates shall have the right to interview all persons providing the client with diagnostic or treatment services.(c) Upon request, all mental health facilities shall, when available, provide reasonable space for county patients’ rights advocates to interview clients in privacy and shall make appropriate staff persons available for interview with the advocates in connection with pending matters.(d) Individual patients shall have a right to privacy which shall include the right to terminate any visit by persons who have access pursuant to this chapter and the right to refuse to see any patient advocate.(e) Notice of the availability of advocacy services and information about patients’ rights may be provided by county patients’ rights advocates by means of distribution of educational materials and discussions in groups and with individual patients.(Amended by Stats. 2012, Ch. 34, Sec. 110. (SB 1009) Effective June 27, 2012.)
CA Welf & Inst Code § 5540 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES|PART 1 - THE LANTERMAN-PETRIS-SHORT ACT|CHAPTER 6.2 - Mental Health Advocacy|ARTICLE 5 - Access to Records|Section 5540.

5540.  Except as otherwise provided in this chapter or in other provisions of law, information about and records of recipients of mental health services shall be confidential in accordance with the provisions of Section 5328.(Added by Stats. 1981, Ch. 841, Sec. 7.)
CA Welf & Inst Code § 5541 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES|PART 1 - THE LANTERMAN-PETRIS-SHORT ACT|CHAPTER 6.2 - Mental Health Advocacy|ARTICLE 5 - Access to Records|Section 5541.

5541.  (a) A specific authorization by the client or by the guardian ad litem is necessary for a county patients’ rights advocate to have access to, copy or otherwise use confidential records or information pertaining to the client. Such an authorization shall be given knowingly and voluntarily by a client or guardian ad litem and shall be in writing or be reduced to writing. The client or the guardian ad litem, whoever has entered into the agreement, may revoke such authorization at any time, either in writing or by oral declaration to the advocate. (b) When specifically authorized by the client or the guardian ad litem, the county patients’ rights advocate may inspect and copy confidential client information and records.(Added by Stats. 1981, Ch. 841, Sec. 7.)
CA Welf & Inst Code § 5542 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES|PART 1 - THE LANTERMAN-PETRIS-SHORT ACT|CHAPTER 6.2 - Mental Health Advocacy|ARTICLE 5 - Access to Records|Section 5542.

5542.  County patients’ rights advocates shall have the right to inspect or copy, or both, any records or other materials not subject to confidentiality under Section 5328 or other provisions of law in the possession of any mental health program, services, or facilities, or city, county or state agencies relating to an investigation on behalf of a client or which indicate compliance or lack of compliance with laws and regulations governing patients’ rights, including, but not limited to, reports on the use of restraints or seclusion, and autopsy reports.(Added by Stats. 1981, Ch. 841, Sec. 7.)
CA Welf & Inst Code § 5543 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES|PART 1 - THE LANTERMAN-PETRIS-SHORT ACT|CHAPTER 6.2 - Mental Health Advocacy|ARTICLE 5 - Access to Records|Section 5543.

5543.  (a) Notwithstanding any other provision of law, with the authorization of the client, a county patients’ rights advocate may, to the extent necessary for effective advocacy, communicate to the client information contained in client records. The facility program, or agency, shall be allowed to remove from the records any information provided in confidence by members of a client’s family.(Added by Stats. 1981, Ch. 841, Sec. 7.)
CA Welf & Inst Code § 5544 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES|PART 1 - THE LANTERMAN-PETRIS-SHORT ACT|CHAPTER 6.2 - Mental Health Advocacy|ARTICLE 5 - Access to Records|Section 5544.

5544.  Any written client information obtained by county patients’ rights advocates may be used and disseminated in court or administrative proceedings, and to any public agencies, or authorized officials thereof, to the extent required in the providing of advocacy services defined in this chapter, and to the extent that authority to so disclose is obtained from the advocate’s clients.(Added by Stats. 1981, Ch. 841, Sec. 7.)
CA Welf & Inst Code § 5545 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES|PART 1 - THE LANTERMAN-PETRIS-SHORT ACT|CHAPTER 6.2 - Mental Health Advocacy|ARTICLE 5 - Access to Records|Section 5545.

5545.  Nothing in this chapter shall be construed to limit access to recipients of mental health services in any mental health facility, program, or service or to information or records of recipients of mental health services for the purposes of subdivision (b) of Section 5520 or when otherwise authorized by law to county patients’ rights advocates or other individuals who are not county patients’ rights advocates.(Added by Stats. 1981, Ch. 841, Sec. 7.)
CA Welf & Inst Code § 5546 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES|PART 1 - THE LANTERMAN-PETRIS-SHORT ACT|CHAPTER 6.2 - Mental Health Advocacy|ARTICLE 5 - Access to Records|Section 5546.

5546.  The actual cost of copying any records or other materials authorized under this chapter, plus any additional reasonable clerical costs, incurred in locating and making the records and materials available, shall be borne by the advocate. The additional clerical costs shall be based on a computation of the time spent locating and making the records available multiplied by the employee’s hourly wage.(Added by Stats. 1981, Ch. 841, Sec. 7.)
CA Welf & Inst Code § 5550 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES|PART 1 - THE LANTERMAN-PETRIS-SHORT ACT|CHAPTER 6.2 - Mental Health Advocacy|ARTICLE 6 - Penalties|Section 5550.

5550.  (a) Any person participating in filing a complaint or providing information pursuant to this chapter or participating in a judicial proceeding resulting therefrom shall be presumed to be acting in good faith and unless the presumption is rebutted shall be immune from any liability, civil or criminal, and shall be immune from any penalty, sanction, or restriction that otherwise might be incurred or imposed.(b) A person shall not knowingly obstruct any county patients’ rights advocate in the performance of duties as described in this chapter, including, but not limited to, access to clients or potential clients, or to their records, whether financial, medical, or otherwise, or to other information, materials, or records, or otherwise violate this chapter.(c) A facility to which the provisions of Section 5325 are applicable shall not discriminate or retaliate in any manner against a patient or employee on the basis that the patient or employee has initiated or participated in any proceeding specified in this chapter. Any attempt by a facility to expel a patient, or any discriminatory treatment of a patient, who, or upon whose behalf, a complaint has been submitted to a county patients’ rights advocate within 120 days of the filing of the complaint shall raise a rebuttable presumption that the action was taken by the facility in retaliation for the filing of the complaint.(d) A county patients’ rights advocate shall not knowingly violate this chapter concerning client privacy and the confidentiality of personally identifiable information.(e) Any person or facility found in violation of subdivision (b) or (d) shall pay a civil penalty, as determined by a court, of not less than one hundred dollars ($100), or more than one thousand dollars ($1,000), which shall be deposited in the county general funds.(f) A county patients’ rights advocate who performs this role as an independent contractor or employee of a contracted organization shall have the protection provided pursuant to Section 5525. (Amended by Stats. 2019, Ch. 423, Sec. 2. (AB 333) Effective January 1, 2020.)
CA Welf & Inst Code § 5556 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES|PART 1 - THE LANTERMAN-PETRIS-SHORT ACT|CHAPTER 6.2 - Mental Health Advocacy|ARTICLE 7 - Housing Conservatorship Working Group|Section 5556.

5556.  This article shall remain in effect only until January 1, 2024, and as of that date is repealed.(Added by Stats. 2018, Ch. 845, Sec. 2. (SB 1045) Effective January 1, 2019. Repealed as of January 1, 2024, by its own provisions. Note: Repeal affects Article 7, commencing with Section 5555.)
CA Welf & Inst Code § 5670 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES|PART 2 - THE BRONZAN-MCCORQUODALE ACT|CHAPTER 2.5 - Program Initiatives|ARTICLE 1 - Community Residential Treatment System|Section 5670.

5670.  (a) It is the intent of the Legislature to encourage the development of a system of residential treatment programs in every county which provides a range of alternatives to institutional care based on principles of residential, community-based treatment. (b) It is further the intent of the Legislature that community residential mental health programs in the State of California be developed in accordance with the guidelines and principles set forth in this chapter. To this end, counties may implement the community residential treatment system described in this chapter either with available county allocations, or as new moneys become available.(Added by Stats. 1991, Ch. 89, Sec. 134. Effective June 30, 1991.)
CA Welf & Inst Code § 5670.5 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES|PART 2 - THE BRONZAN-MCCORQUODALE ACT|CHAPTER 2.5 - Program Initiatives|ARTICLE 1 - Community Residential Treatment System|Section 5670.5.

5670.5.  Criteria for community residential treatment system programs are as follows:(a) Facilities: (1) Settings, whether residential or day, should be as close to a normal home environment as possible without sacrificing client safety or care. (2) Residential treatment centers should be relatively small, preferably 15 beds or less, but in any case with the appearance of a noninstitutional setting. (3) The individual elements of the system should, where possible, be in separate facilities, and not part of one large facility attempting to serve an entire range of clients. (b) Staffing patterns: (1) Staffing patterns should reflect, to the maximum extent feasible, at all levels, the cultural, linguistic, ethnic, sexual and other social characteristics of the community the facility serves. (2) The programs should be designed to use appropriate multidisciplinary professional consultation and staff to meet the specific diagnostic and treatment needs of the clients. (3) The programs should use paraprofessionals and persons who have been consumers of mental health services where appropriate. (c) Programs: (1) The programs should, to the maximum extent feasible, be designed so as to reduce the dependence on medications as a sole treatment tool. Programs in which prescriptions for medication are a component of the program should be subject to the medications-monitoring. (2) The programs should have a rehabilitation focus which encourages the client to develop the skills to become self-sufficient and capable of increasing levels of independent functioning. Where appropriate, they should include prevocational and vocational programs. (3) The program should encourage the participation of the clients in the daily operation of the setting in development of treatment and rehabilitation planning and evaluation. (4) Participation in any element of the system should not preclude the involvement of clients in individual therapy. Individual therapists of clients should, where possible, be directly involved in the development and implementation of a treatment plan, including medication and day program decisions. (d) Coordination: The programs should demonstrate specific linkages with one another, and with the general treatment and social service system, as a whole. These connections should not be limited to the mental health system, but should include, whenever possible, community resources utilized by the general population.(Added by Stats. 1991, Ch. 89, Sec. 134. Effective June 30, 1991.)
CA Welf & Inst Code § 5671.5 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES|PART 2 - THE BRONZAN-MCCORQUODALE ACT|CHAPTER 2.5 - Program Initiatives|ARTICLE 1 - Community Residential Treatment System|Section 5671.5.

5671.5.  It is the intent of the Legislature that programs serving children and adolescents should be established under this chapter. Such programs should follow the guidelines and principles set forth in this chapter and in addition should meet the following criteria unique to the population to be served:(a) The programs should, to the maximum extent feasible, be designed so as to reduce the disruption and promote the reintegration of the family unit of which the child is a part. (b) The programs should have an education focus and should demonstrate specific linkage with community education resources. (c) The programs should contain a specific followup component.(Added by Stats. 1991, Ch. 89, Sec. 134. Effective June 30, 1991.)
CA Welf & Inst Code § 5675 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES|PART 2 - THE BRONZAN-MCCORQUODALE ACT|CHAPTER 2.5 - Program Initiatives|ARTICLE 1 - Community Residential Treatment System|Section 5675.

5675.  (a) Mental health rehabilitation centers shall only be licensed by the State Department of Health Care Services subsequent to application by counties, county contract providers, or other organizations. In the application for a mental health rehabilitation center, program evaluation measures shall include, but not be limited to:(1) That the clients placed in the facilities show improved global assessment scores, as measured by preadmission and postadmission tests.(2) That the clients placed in the facilities demonstrate improved functional behavior as measured by preadmission and postadmission tests.(3) That the clients placed in the facilities have reduced medication levels as determined by comparison of preadmission and postadmission records.(b) The State Department of Health Care Services shall conduct annual licensing inspections of mental health rehabilitation centers.(c) All regulations relating to the licensing of mental health rehabilitation centers, heretofore adopted by the State Department of Mental Health, or its successor, shall remain in effect and shall be fully enforceable by the State Department of Health Care Services with respect to any facility or program required to be licensed as a mental health rehabilitation center, unless and until readopted, amended, or repealed by the Director of Health Care Services. The State Department of Health Care Services shall succeed to and be vested with all duties, powers, purposes, functions, responsibilities, and jurisdiction of the State Department of Mental Health, and its successor, if any, as they relate to licensing mental health rehabilitation centers.(Amended by Stats. 2013, Ch. 23, Sec. 43. (AB 82) Effective June 27, 2013.)
CA Welf & Inst Code § 5675.1 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES|PART 2 - THE BRONZAN-MCCORQUODALE ACT|CHAPTER 2.5 - Program Initiatives|ARTICLE 1 - Community Residential Treatment System|Section 5675.1.

5675.1.  (a) In accordance with subdivision (b), the State Department of Health Care Services may establish a system for the imposition of prompt and effective civil sanctions for long-term care facilities licensed or certified by the department, including facilities licensed under the provisions of Sections 5675 and 5768, and including facilities certified as providing a special treatment program under Sections 72443 to 72475, inclusive, of Title 22 of the California Code of Regulations.(b) If the department determines that there is or has been a failure, in a substantial manner, on the part of any such facility to comply with the applicable laws and regulations, the director may impose the following sanctions:(1) A plan of corrective action that addresses all failure identified by the department and includes timelines for correction.(2) A facility that is issued a plan of corrective action, and that fails to comply with the plan and repeats the deficiency, may be subject to immediate suspension of its license or certification, until the deficiency is corrected, when failure to comply with the plan of correction may cause a health or safety risk to residents.(c) The department may also establish procedures for the appeal of an administrative action taken pursuant to this section, including a plan of corrective action or a suspension of license or certification.(Amended by Stats. 2013, Ch. 23, Sec. 44. (AB 82) Effective June 27, 2013.)