reglab/housing_qa huggingface dataset:
CA Welf & Inst Code § 5352 (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 5352.

5352.  When the professional person in charge of an agency providing comprehensive evaluation or a facility providing intensive treatment determines that a person in his or her care is gravely disabled as a result of mental disorder or impairment by chronic alcoholism and is unwilling to accept, or incapable of accepting, treatment voluntarily, he or she may recommend conservatorship to the officer providing conservatorship investigation of the county of residence of the person prior to his or her admission as a patient in such facility.The professional person in charge of an agency providing comprehensive evaluation or a facility providing intensive treatment, or the professional person in charge of providing mental health treatment at a county jail, or his or her designee, may recommend conservatorship for a person without the person being an inpatient in a facility providing comprehensive evaluation or intensive treatment, if both of the following conditions are met: (a) the professional person or another professional person designated by him or her has examined and evaluated the person and determined that he or she is gravely disabled; (b) the professional person or another professional person designated by him or her has determined that future examination on an inpatient basis is not necessary for a determination that the person is gravely disabled.If the officer providing conservatorship investigation concurs with the recommendation, he or she shall petition the superior court in the county of residence of the patient to establish conservatorship.Where temporary conservatorship is indicated, the fact shall be alternatively pleaded in the petition. The officer providing conservatorship investigation or other county officer or employee designated by the county shall act as the temporary conservator.(Amended by Stats. 2018, Ch. 458, Sec. 1. (SB 931) Effective January 1, 2019.)
CA Welf & Inst Code § 5352.1 (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 5352.1.

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 comprehensive report of the officer providing conservatorship investigation filed pursuant to Section 5354, or on the basis of an affidavit of the professional person who recommended conservatorship stating the reasons for his or her recommendation, if the court is satisfied that the comprehensive report or affidavit shows the necessity for a temporary conservatorship.(b) Except as provided in this section, all temporary conservatorships shall expire automatically at the conclusion of 30 days, unless prior to that date the court shall conduct a hearing on the issue of whether or not the proposed conservatee is gravely disabled as defined in subdivision (h) of Section 5008.(c) If the proposed conservatee demands a court or jury trial on the issue whether he or she is gravely disabled, the court may extend the temporary conservatorship until the date of the disposition of the issue by the court or jury trial, provided that the extension shall in no event exceed a period of six months.(Amended by Stats. 2008, Ch. 179, Sec. 238. Effective January 1, 2009.)
CA Welf & Inst Code § 5352.2 (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 5352.2.

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 any other bond or oath on the grant of temporary letters of conservatorship to him.(Added by Stats. 1970, Ch. 566.)
CA Welf & Inst Code § 5352.3 (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 5352.3.

5352.3.  If the professional person in charge of the facility providing intensive treatment recommends conservatorship pursuant to Section 5352, the proposed conservatee may be held in that facility for a period not to exceed three days beyond the designated period for intensive treatment if the additional time period is necessary for a filing of the petition for temporary conservatorship and the establishment of the temporary conservatorship by the court. The involuntary detention period for gravely disabled persons pursuant to Sections 5150, 5250, and 5170.15 shall not exceed 47 days unless continuance is granted.(Amended by Stats. 1988, Ch. 1517, Sec. 13.)
CA Welf & Inst Code § 5352.4 (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 5352.4.

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 appellate court.(Added by Stats. 1972, Ch. 574.)
CA Welf & Inst Code § 5352.5 (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 5352.5.

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 pursuant to Section 1026 or 1370 of the Penal Code or transferred pursuant to Section 4011.6 of the Penal Code upon recommendation of the medical director of the state hospital, or a designee, or professional person in charge of the local mental health facility, or a designee, or the local mental health director, or a designee, to the conservatorship investigator of the county of residence of the person prior to his or her admission to the hospital or facility or of the county in which the hospital or facility is located. The initiation of conservatorship proceedings or the existence of a conservatorship shall not affect any pending criminal proceedings. The custody status of a person who is subject to the conservatorship investigation shall not be the sole reason for not scheduling an investigation by the conservatorship investigator.(b) Subject to the provisions of Sections 5150 and 5250, conservatorship proceedings may be initiated for any person convicted of a felony who has been transferred to a state hospital under the jurisdiction of the State Department of State Hospitals pursuant to Section 2684 of the Penal Code by the recommendation of the medical director of the state hospital to the conservatorship investigator of the county of residence of the person or of the county in which the state hospital is located.(c) Subject to the provisions of Sections 5150 and 5250, conservatorship proceedings may be initiated for any person committed to the Department of Corrections and Rehabilitation, Division of Juvenile Justice, or on parole from a facility of the Department of Corrections and Rehabilitation, Division of Juvenile Justice, by the Chief Deputy Secretary for Juvenile Justice or a designee, to the conservatorship investigator of the county of residence of the person or of the county in which the facility is situated.(d) The county mental health program providing conservatorship investigation services and conservatorship case management services for any persons except those transferred pursuant to Section 4011.6 of the Penal Code shall be reimbursed for the expenditures made by it for the services pursuant to the Short-Doyle Act (commencing with Section 5600) at 100 percent of the expenditures. Each county Short-Doyle plan shall include provision for the services in the plan.(Amended by Stats. 2018, Ch. 458, Sec. 2. (SB 931) Effective January 1, 2019.)
CA Welf & Inst Code § 5352.6 (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 5352.6.

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 unless treatment is specifically found not to be appropriate by the court. The treatment plan shall be developed by the Short-Doyle Act community mental health service, the staff of a facility operating under a contract to provide such services in the individual’s county of residence, or the staff of a health facility licensed pursuant to Chapter 2 (commencing with Section 1250) of Division 2 of the Health and Safety Code to provide inpatient psychiatric treatment. The person responsible for developing the treatment plan shall encourage the participation of the client and the client’s family members, when appropriate, in the development, implementation, revision, and review of the treatment plan. The individualized treatment plan shall specify goals for the individual’s treatment, the criteria by which accomplishment of the goals can be judged, and a plan for review of the progress of treatment. The goals of the treatment plan shall be equivalent to reducing or eliminating the behavioral manifestations of grave disability. If a treatment plan is not developed as provided herein then the matter shall be referred to the court by the Short-Doyle Act community mental health service, or the staff of a facility operating under a contract to provide such services, or the conservator, or the attorney of record for the conservatee.When the progress review determines that the goals have been reached and the person is no longer gravely disabled, a person designated by the county shall so report to the court and the conservatorship shall be terminated by the court. If the conservator fails to report to the court that the person is no longer gravely disabled as provided herein, then the matter shall be referred to the court by the Short-Doyle Act community mental health service, or the staff of a facility operating under a contract to provide such services, or the attorney of record for the conservatee.(Amended by Stats. 1986, Ch. 872, Sec. 6.)
CA Welf & Inst Code § 5353 (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 5353.

5353.  A temporary conservator under this chapter shall determine what arrangements are necessary to provide the person with food, shelter, and care pending the determination of conservatorship. He shall give preference to arrangements which allow the person to return to his home, family or friends. If necessary, the temporary conservator may require the person to be detained in a facility providing intensive treatment or in a facility specified in Section 5358 pending the determination of conservatorship. Any person so detained shall have the same right to judicial review set forth in Article 5 (commencing with Section 5275) of Chapter 2 of this part.The powers of the temporary conservator shall be those granted in the decree, but in no event may they be broader than the powers which may be granted a conservator.The court shall order the temporary conservator to take all reasonable steps to preserve the status quo concerning the conservatee’s previous place of residence. The temporary conservator shall not be permitted to sell or relinquish on the conservatee’s behalf any estate or interest in any real or personal property, including any lease or estate in real or personal property used as or within the conservatee’s place of residence, without specific approval of the court, which may be granted only upon a finding based on a preponderance of the evidence that such action is necessary to avert irreparable harm to the conservatee. A finding of irreparable harm as to real property may be based upon a reasonable showing that such real property is vacant, that it cannot reasonably be rented, and that it is impossible or impractical to obtain fire or liability insurance on such property.(Amended by Stats. 1978, Ch. 1268.)
CA Welf & Inst Code § 5354 (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 5354.

5354.  (a) The officer providing conservatorship investigation shall investigate all available alternatives to conservatorship and shall recommend conservatorship to the court only if no suitable alternatives are available. This officer shall render to the court a written report of investigation prior to the hearing. The report to the court shall be comprehensive and shall contain all relevant aspects of the person’s medical, psychological, financial, family, vocational, and social condition, and information obtained from the person’s family members, close friends, social worker, or principal therapist. The report shall also contain all available information concerning the person’s real and personal property. The facilities providing intensive treatment or comprehensive evaluation shall disclose any records or information which may facilitate the investigation. If the officer providing conservatorship investigation recommends against conservatorship, he or she shall set forth all alternatives available. A copy of the report shall be transmitted to the individual who originally recommended conservatorship, to the person or agency, if any, recommended to serve as conservator, and to the person recommended for conservatorship. The court may receive the report in evidence and may read and consider the contents thereof in rendering its judgment.(b) Notwithstanding Section 5328, when a court with jurisdiction over a person in a criminal case orders an evaluation of the person’s mental condition pursuant to Section 5200, and that evaluation leads to a conservatorship investigation, the officer providing the conservatorship investigation shall serve a copy of the report required under subdivision (a) upon the defendant or the defendant’s counsel. Upon the prior written request of the defendant or the defendant’s counsel, the officer providing the conservatorship investigation shall also submit a copy of the report to the court hearing the criminal case, the district attorney, and the county probation department. The conservatorship investigation report and the information contained in that report, shall be kept confidential and shall not be further disclosed to anyone without the prior written consent of the defendant. After disposition of the criminal case, the court shall place all copies of the report in a sealed file, except as follows:(1) The defendant and the defendant’s counsel may retain their copy.(2) If the defendant is placed on probation status, the county probation department may retain a copy of the report for the purpose of supervision of the defendant until the probation is terminated, at which time the probation department shall return its copy of the report to the court for placement into the sealed file.(Amended by Stats. 2014, Ch. 734, Sec. 4. (AB 2190) Effective January 1, 2015.)
CA Welf & Inst Code § 5354.5 (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 5354.5.

5354.5.  Except as otherwise provided in this section, the person recommended to serve as conservator shall promptly notify the officer providing conservatorship investigation whether he or she will accept the position if appointed. If notified that the person or agency recommended will not accept the position if appointed, the officer providing conservatorship investigation shall promptly recommend another person to serve as conservator.The public guardian shall serve as conservator of any person found by a court under this chapter to be gravely disabled, if the court recommends the conservatorship after a conservatorship investigation, and if the court finds that no other person or entity is willing and able to serve as conservator.(Amended by Stats. 1986, Ch. 872, Sec. 6.5.)
CA Welf & Inst Code § 5355 (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 5355.

5355.  If the conservatorship investigation results in a recommendation for conservatorship, the recommendation shall designate the most suitable person, corporation, state or local agency or county officer, or employee designated by the county to serve as conservator. No person, corporation, or agency shall be designated as conservator whose interests, activities, obligations or responsibilities are such as to compromise his or her or their ability to represent and safeguard the interests of the conservatee. Nothing in this section shall be construed to prevent the State Department of State Hospitals from serving as guardian pursuant to Section 7284, or the function of the conservatorship investigator and conservator being exercised by the same public officer or employee.When a public guardian is appointed conservator, his or her official bond and oath as public guardian are in lieu of the conservator’s bond and oath on the grant of letters of conservatorship. No bond shall be required of any other public officer or employee appointed to serve as conservator.(Amended by Stats. 2012, Ch. 24, Sec. 131. (AB 1470) Effective June 27, 2012.)
CA Welf & Inst Code § 5356 (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 5356.

5356.  The report of the officer providing conservatorship investigation shall contain his or her recommendations concerning the powers to be granted to, and the duties to be imposed upon the conservator, the legal disabilities to be imposed upon the conservatee, and the proper placement for the conservatee pursuant to Section 5358. Except as provided in this section, the report to the court shall also contain an agreement signed by the person or agency recommended to serve as conservator certifying that the person or agency is able and willing to serve as conservator. The public guardian shall serve as conservator of any person found by a court under this chapter to be gravely disabled, if the court recommends the conservatorship after a conservatorship investigation, and if the court finds that no other person or entity is willing and able to serve as conservator.(Amended by Stats. 1986, Ch. 872, Sec. 7.)
CA Welf & Inst Code § 5357 (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 5357.

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 and shall have the additional powers specified in Article 11 (commencing with Section 2590) of Chapter 6 of Part 4 of Division 4 of the Probate Code as the court may designate. The report shall set forth which, if any, of the additional powers it recommends. The report shall also recommend for or against the imposition of each of the following disabilities on the proposed conservatee:(a) The privilege of possessing a license to operate a motor vehicle. If the report recommends against this right and if the court follows the recommendation, the agency providing conservatorship investigation shall, upon the appointment of the conservator, so notify the Department of Motor Vehicles.(b) The right to enter into contracts. The officer may recommend against the person having the right to enter specified types of transactions or transactions in excess of specified money amounts.(c) The disqualification of the person from voting pursuant to Section 2208 of the Elections Code.(d) The right to refuse or consent to treatment related specifically to the conservatee’s being gravely disabled. The conservatee shall retain all rights specified in Section 5325.(e) The right to refuse or consent to routine medical treatment unrelated to remedying or preventing the recurrence of the conservatee’s being gravely disabled. The court shall make a specific determination regarding imposition of this disability.(f) The disqualification of the person from possessing a firearm pursuant to subdivision (e) of Section 8103.(Amended by Stats. 1994, Ch. 923, Sec. 268. Effective January 1, 1995.)
CA Welf & Inst Code § 5358.1 (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 5358.1.

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, shall be held civilly or criminally liable for any action by a conservatee.(Added by Stats. 1972, Ch. 574.)
CA Welf & Inst Code § 5358.2 (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 5358.2.

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 treatment, the conservator shall, after notice to the conservatee, obtain a court order for that medical treatment, except in emergency cases in which the conservatee faces loss of life or serious bodily injury. The conservatee, if he or she chooses to contest the request for a court order, may petition the court for hearing which shall be held prior to granting the order.(Amended by Stats. 1990, Ch. 180, Sec. 3.)
CA Welf & Inst Code § 5358.3 (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 5358.3.

5358.3.  At any time, a conservatee or any person on his behalf with the consent of the conservatee or his counsel, may petition the court for a hearing to contest the rights denied under Section 5357 or the powers granted to the conservator under Section 5358. However, after the filing of the first petition for hearing pursuant to this section, no further petition for rehearing shall be submitted for a period of six months.A request for hearing pursuant to this section shall not affect the right of a conservatee to petition the court for a rehearing as to his status as a conservatee pursuant to Section 5364. A hearing pursuant to this section shall not include trial by jury. If a person’s right to vote is restored, the court shall so notify the county elections official pursuant to subdivision (c) of Section 2210 of the Elections Code.(Amended by Stats. 1994, Ch. 923, Sec. 269. Effective January 1, 1995.)