reglab/housing_qa huggingface dataset:
CA Welf & Inst Code § 5358.5 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES|PART 1 - THE LANTERMAN-PETRIS-SHORT ACT|CHAPTER 3 - Conservatorship for Gravely Disabled Persons|Section 5358.5.

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 facility, or when the conservator appointed pursuant to this chapter deems it necessary to remove his conservatee to the county designated treatment facility, the conservator may take the conservatee into custody and return him to the facility or remove him to the county designated treatment facility. A conservator, at his discretion, may request a peace officer to detain the conservatee and return such person to the facility in which he was placed or to transfer such person to the county designated treatment facility, pursuant to Section 7325 of the Welfare and Institutions Code. Such request shall be in writing and accompanied by a certified copy of the letters of conservatorship showing the person requesting detention and transfer to be the conservator appointed pursuant to this chapter as conservator of the person sought to be detained. Either the conservator or his assistant or deputy may request detention under this section. Whenever possible, persons charged with apprehension of persons pursuant to this section shall dress in plain clothes and shall travel in unmarked vehicles.(Amended by Stats. 1974, Ch. 833.)
CA Welf & Inst Code § 5358.6 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES|PART 1 - THE LANTERMAN-PETRIS-SHORT ACT|CHAPTER 3 - Conservatorship for Gravely Disabled Persons|Section 5358.6.

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 treatment. Before doing so, the conservator shall obtain the agreement of the person in charge of a mental health facility that the conservatee will receive outpatient treatment and that the person in charge of the facility will designate a person to be the outpatient supervisor of the conservatee. The person in charge of these facilities shall notify the county mental health director or his or her designee of such agreement. At 90-day intervals following the commencement of the outpatient treatment, the outpatient supervisor shall make a report in writing to the conservator and to the person in charge of the mental health facility setting forth the status and progress of the conservatee.(Amended by Stats. 1980, Ch. 681, Sec. 3.)
CA Welf & Inst Code § 5358.7 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES|PART 1 - THE LANTERMAN-PETRIS-SHORT ACT|CHAPTER 3 - Conservatorship for Gravely Disabled Persons|Section 5358.7.

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 Institutions Code, notwithstanding the continuing jurisdiction of the court which appointed the conservators, judicial review shall be in the county where the conservatorship was established or in the county in which the conservatee is placed or confined. If the conservatee is released as a result of the hearing, he or she shall be returned to the county where the conservatorship originated.(Added by Stats. 1986, Ch. 226, Sec. 1.)
CA Welf & Inst Code § 5359 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES|PART 1 - THE LANTERMAN-PETRIS-SHORT ACT|CHAPTER 3 - Conservatorship for Gravely Disabled Persons|Section 5359.

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 of the facility serving the conservatee that the conservatee no longer needs the care or treatment offered by that facility.If unusual conditions or circumstances preclude alternative placement of the conservatee within seven days, the conservator shall find such placement within 30 days.If alternative placement cannot be found at the end of the 30-day period the conservator shall confer with the professional person in charge of the facility and they shall then determine the earliest practicable date when such alternative placement may be obtained.(Amended by Stats. 1980, Ch. 676, Sec. 336.)
CA Welf & Inst Code § 5360 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES|PART 1 - THE LANTERMAN-PETRIS-SHORT ACT|CHAPTER 3 - Conservatorship for Gravely Disabled Persons|Section 5360.

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 5357 on the basis of the determination of the professional person who recommended conservatorship pursuant to Section 5352.The officer providing conservatorship investigation shall recommend in his report any of the additional powers of a conservator set forth in Section 2591 of the Probate Code if the needs of the individual patient or his estate require such powers. In making such determination, the officer providing conservatorship investigation shall consult with the professional person who recommended conservatorship pursuant to Section 5352.(Amended by Stats. 1979, Ch. 730.)
CA Welf & Inst Code § 5361 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES|PART 1 - THE LANTERMAN-PETRIS-SHORT ACT|CHAPTER 3 - Conservatorship for Gravely Disabled Persons|Section 5361.

5361.  Conservatorship initiated pursuant to this chapter shall automatically terminate one year after the appointment of the conservator by the superior court. The period of service of a temporary conservator shall not be included in the one-year period. Where the conservator has been appointed as conservator of the estate, the conservator shall, for a reasonable time, continue to have such power and authority over the estate as the superior court, on petition by the conservator, may deem necessary for (1) the collection of assets or income which accrued during the period of conservatorship, but were uncollected before the date of termination, (2) the payment of expenses which accrued during period of conservatorship and of which the conservator was notified prior to termination, but were unpaid before the date of termination, and (3) the completion of sales of real property where the only act remaining at the date of termination is the actual transfer of title. If upon the termination of an initial or a succeeding period of conservatorship the conservator determines that conservatorship is still required, he may petition the superior court for his reappointment as conservator for a succeeding one-year period. The petition must include the opinion of two physicians or licensed psychologists who have a doctoral degree in psychology and at least five years of postgraduate experience in the diagnosis and treatment of emotional and mental disorders that the conservatee is still gravely disabled as a result of mental disorder or impairment by chronic alcoholism. In the event that the conservator is unable to obtain the opinion of two physicians or psychologists, he shall request that the court appoint them.Any facility in which a conservatee is placed must release the conservatee at his request when the conservatorship terminates. A petition for reappointment filed by the conservator or a petition for appointment filed by a public guardian shall be transmitted to the facility at least 30 days before the automatic termination date. The facility may detain the conservatee after the end of the termination date only if the conservatorship proceedings have not been completed and the court orders the conservatee to be held until the proceedings have been completed.(Amended by Stats. 1979, Ch. 245.)
CA Welf & Inst Code § 5363 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES|PART 1 - THE LANTERMAN-PETRIS-SHORT ACT|CHAPTER 3 - Conservatorship for Gravely Disabled Persons|Section 5363.

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, he may petition for and shall be granted a decree ratifying his acts as conservator beyond the one-year period. The decree shall provide for a retroactive appointment of the conservator to provide continuity of authority in those cases where the conservator did not apply in time for reappointment.(Added by Stats. 1967, Ch. 1667.)
CA Welf & Inst Code § 5364 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES|PART 1 - THE LANTERMAN-PETRIS-SHORT ACT|CHAPTER 3 - Conservatorship for Gravely Disabled Persons|Section 5364.

5364.  At any time, the conservatee may petition the superior court for a rehearing as to his status as a conservatee. However, after the filing of the first petition for rehearing pursuant to this section, no further petition for rehearing shall be submitted for a period of six months. If the conservatorship is terminated pursuant to this section, the court shall, in accordance with subdivision (c) of Section 2210 of the Elections Code, notify the county elections official that the person’s right to register to vote is restored.(Amended by Stats. 1994, Ch. 923, Sec. 270. Effective January 1, 1995.)
CA Welf & Inst Code § 5365 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES|PART 1 - THE LANTERMAN-PETRIS-SHORT ACT|CHAPTER 3 - Conservatorship for Gravely Disabled Persons|Section 5365.

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 attorney for the conservatee or proposed conservatee within five days after the date of the petition.(Amended by Stats. 1972, Ch. 574.)
CA Welf & Inst Code § 5365.1 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES|PART 1 - THE LANTERMAN-PETRIS-SHORT ACT|CHAPTER 3 - Conservatorship for Gravely Disabled Persons|Section 5365.1.

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 professional person who recommended conservatorship pursuant to Section 5352 and of the physician providing evaluation or intensive treatment. In the event of such a waiver, such physician and professional persons shall not be required to be present at the hearing if it is stipulated that the recommendation and records of such physician or other professional person concerning the mental condition and treatment of the conservatee or proposed conservatee will be received in evidence.(Added by Stats. 1971, Ch. 1162.)
CA Welf & Inst Code § 5367 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES|PART 1 - THE LANTERMAN-PETRIS-SHORT ACT|CHAPTER 3 - Conservatorship for Gravely Disabled Persons|Section 5367.

5367.  Conservatorship established under this chapter shall supersede any commitment under former provisions of this code relating to inebriates or the mentally ill.(Amended by Stats. 1968, Ch. 1374.)
CA Welf & Inst Code § 5368 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES|PART 1 - THE LANTERMAN-PETRIS-SHORT ACT|CHAPTER 3 - Conservatorship for Gravely Disabled Persons|Section 5368.

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.(Added by Stats. 1967, Ch. 1667.)
CA Welf & Inst Code § 5369 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES|PART 1 - THE LANTERMAN-PETRIS-SHORT ACT|CHAPTER 3 - Conservatorship for Gravely Disabled Persons|Section 5369.

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 mental competence, the conservator shall certify that fact to the court, sheriff, and district attorney of the county in which the criminal charges are pending and to the defendant’s attorney of record.The court shall order the sheriff to immediately return the defendant to the court in which the criminal charges are pending. Within two judicial days of the defendant’s return, the court shall hold a hearing to determine whether the defendant is entitled to be admitted to bail or released upon his own recognizance pending conclusion of criminal proceedings.(Added by Stats. 1974, Ch. 1511.)
CA Welf & Inst Code § 5370 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES|PART 1 - THE LANTERMAN-PETRIS-SHORT ACT|CHAPTER 3 - Conservatorship for Gravely Disabled Persons|Section 5370.

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 offense, regardless of whether action is pending or has been initiated pursuant to Section 1370 of the Penal Code.(Added by Stats. 1974, Ch. 1511.)
CA Welf & Inst Code § 5370.1 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES|PART 1 - THE LANTERMAN-PETRIS-SHORT ACT|CHAPTER 3 - Conservatorship for Gravely Disabled Persons|Section 5370.1.

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 in all proceedings connected with the conservatorship, if it appears that the conservator has insufficient funds to obtain the services of a private attorney. Such appointments of the county counsel, however, may be made only if the board of supervisors have, by ordinance or resolution, authorized the county counsel to accept them.(Amended by Stats. 1980, Ch. 415, Sec. 1.)
CA Welf & Inst Code § 5371 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES|PART 1 - THE LANTERMAN-PETRIS-SHORT ACT|CHAPTER 3 - Conservatorship for Gravely Disabled Persons|Section 5371.

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 other beneficial interest in the facility where the conservatee is to be, or has been placed.Conservatorship investigation and administration shall be conducted independently from any person or agency which provides mental health treatment for conservatees, if it has been demonstrated that the existing arrangement creates a conflict of interest between the treatment needs of the conservatee and the investigation or administration of the conservatorship. The person or agency responsible for the mental health treatment of conservatees shall execute a written agreement or protocol with the conservatorship investigator and administrator for the provision of services to conservatees. The agreement or protocol shall specify the responsibilities of each person or agency who is a party to the agreement or protocol, and shall specify a procedure to resolve disputes or conflicts of interest between agencies or persons.(Amended by Stats. 1986, Ch. 335, Sec. 2.)
CA Welf & Inst Code § 5372 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES|PART 1 - THE LANTERMAN-PETRIS-SHORT ACT|CHAPTER 3 - Conservatorship for Gravely Disabled Persons|Section 5372.

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 or before January 1, 2008, adopt a rule of court to implement this section.(c) Subdivision (a) of this section shall become operative on January 1, 2008.(Added by Stats. 2006, Ch. 492, Sec. 5. Effective January 1, 2007.)
CA Welf & Inst Code § 5400 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES|PART 1 - THE LANTERMAN-PETRIS-SHORT ACT|CHAPTER 4 - Administration|Section 5400.

5400.  (a) The Director of Health Care Services shall administer this part and shall adopt rules, regulations, and standards as necessary. In developing rules, regulations, and standards, the Director of Health Care Services shall consult with the County Behavioral Health Directors Association of California, the California Behavioral Health Planning Council, and the office of the Attorney General. Adoption of these standards, rules, and regulations shall require approval by the County Behavioral Health Directors Association of California by majority vote of those present at an official session.(b) Wherever feasible and appropriate, rules, regulations, and standards adopted under this part shall correspond to comparable rules, regulations, and standards adopted under the Bronzan-McCorquodale Act. These corresponding rules, regulations, and standards shall include qualifications for professional personnel.(c) Regulations adopted pursuant to this part may provide standards for services for persons with chronic alcoholism that differ from the standards for services for persons with mental health disorders.(Amended by Stats. 2017, Ch. 511, Sec. 3. (AB 1688) Effective January 1, 2018.)
CA Welf & Inst Code § 5402 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES|PART 1 - THE LANTERMAN-PETRIS-SHORT ACT|CHAPTER 4 - Administration|Section 5402.

5402.  (a) The State Department of Health Care Services shall collect and publish annually quantitative information concerning the operation of this division including the number of persons admitted for 72-hour evaluation and treatment, 14-day and 30-day periods of intensive treatment, and 180-day postcertification intensive treatment, the number of persons transferred to mental health facilities pursuant to Section 4011.6 of the Penal Code, the number of persons for whom temporary conservatorships are established, and the number of persons for whom conservatorships are established in each county.(b) Each local mental health director, and each facility providing services to persons pursuant to this division, shall provide the department, upon its request, with any information, records, and reports which the department deems necessary for the purposes of this section. The department shall not have access to any patient name identifiers.(c) Information published pursuant to this section shall not contain patient name identifiers and shall contain statistical data only.(d) The department shall make the reports available to medical, legal, and other professional groups involved in the implementation of this division.(Amended by Stats. 2012, Ch. 34, Sec. 102. (SB 1009) Effective June 27, 2012.)
CA Welf & Inst Code § 5402.2 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES|PART 1 - THE LANTERMAN-PETRIS-SHORT ACT|CHAPTER 4 - Administration|Section 5402.2.

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 shall be either general acute care, skilled nursing care, subacute, intermediate care, or residential care.(Amended by Stats. 2012, Ch. 24, Sec. 133. (AB 1470) Effective June 27, 2012.)
CA Welf & Inst Code § 5403 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES|PART 1 - THE LANTERMAN-PETRIS-SHORT ACT|CHAPTER 4 - Administration|Section 5403.

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 of Local Mental Health Directors. The impact of this subdivision on regulatory timing shall be included in the department’s report to the Legislature on September 30, 1992. (b) The department shall continue to involve the conference in the development of all regulations which affect local mental health programs prior to the promulgation of those regulations pursuant to the Administrative Procedure Act.(Amended by Stats. 1991, Ch. 611, Sec. 34. Effective October 7, 1991.)
CA Welf & Inst Code § 5404 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES|PART 1 - THE LANTERMAN-PETRIS-SHORT ACT|CHAPTER 4 - Administration|Section 5404.

5404.  (a) Each county may designate facilities, which are not hospitals or clinics, as 72-hour evaluation and treatment facilities and as 14-day intensive treatment facilities if the facilities meet those requirements as the Director of Health Care Services may establish by regulation. The Director of Health Care Services shall encourage the use by counties of appropriate facilities, which are not hospitals or clinics, for the evaluation and treatment of patients pursuant to this part.(b) All regulations relating to the approval of facilities designated by the county for 72-hour treatment and evaluation and 14-day intensive treatment facilities, heretofore adopted by the State Department of Mental Health, or a 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 approved as a facility for 72-hour treatment and evaluation and 14-day intensive treatment facilities, 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, or a successor, as they relate to approval of facilities for 72-hour treatment and evaluation and 14-day intensive treatment facilities.(Amended by Stats. 2013, Ch. 23, Sec. 38. (AB 82) Effective June 27, 2013.)
CA Welf & Inst Code § 5453 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES|PART 1 - THE LANTERMAN-PETRIS-SHORT ACT|CHAPTER 5 - Housing Conservatorship for Persons with Serious Mental Illness and Substance Use Disorders|Section 5453.

5453.  The purpose of conservatorship under this chapter is to provide the least restrictive and most clinically appropriate alternative needed for the protection of a person who is incapable of caring for the person’s own health and well-being due to a serious mental illness and substance use disorder. If the court determines that the person needs to be moved from the person’s current residence, the placement shall be in supportive community housing that provides wraparound services, such as onsite physical and behavioral health services, unless the court, with good cause and by clear and convincing evidence, determines that such a placement is not sufficient for the protection of that person.(Amended by Stats. 2019, Ch. 467, Sec. 3. (SB 40) Effective October 2, 2019. Repealed as of January 1, 2024, pursuant to Section 5466.)