reglab/housing_qa huggingface dataset:
CA Welf & Inst Code § 4094.6 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 4 - MENTAL HEALTH|PART 1 - GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT|CHAPTER 3 - Facility Licensing, Program Certification, and Ratesetting|ARTICLE 5 - Programs for Seriously Emotionally Disturbed Children and Court Wards and Dependents|Section 4094.6.

4094.6.  The patients’ rights provisions contained in Sections 5325, 5325.1, 5325.2, and 5326 shall be available to any child admitted to, or eligible for admission to, a community treatment facility. Every child placed in a community treatment facility shall have a right to a hearing by writ of habeas corpus, within two judicial days of the filing of a petition for the writ of habeas corpus with the superior court of the county in which the facility is located, for his or her release. Regulations adopted pursuant to Section 4094 shall specify the procedures by which this right shall be ensured. These regulations shall generally be consistent with the procedures contained in Section 5275 et seq., concerning habeas corpus for individuals, including children, subject to various involuntary holds.(Added by Stats. 1993, Ch. 1245, Sec. 6. Effective October 11, 1993.)
CA Welf & Inst Code § 4094.7 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 4 - MENTAL HEALTH|PART 1 - GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT|CHAPTER 3 - Facility Licensing, Program Certification, and Ratesetting|ARTICLE 5 - Programs for Seriously Emotionally Disturbed Children and Court Wards and Dependents|Section 4094.7.

4094.7.  (a) A community treatment facility may have both secure and nonsecure beds. However, the State Department of Health Care Services shall limit the total number of beds in community treatment facilities to not more than 400 statewide. The State Department of Health Care Services shall certify community treatment facilities in such a manner as to ensure an adequate dispersal of these facilities within the state. The State Department of Health Care Services shall ensure that there is at least one facility in each of the State Department of Social Services’ five regional licensing offices.(b) The State Department of Health Care Services shall notify the State Department of Social Services when a facility has been certified and has met the program standards pursuant to Section 4094. The State Department of Social Services shall license a community treatment facility for a specified number of secure beds and a specified number of nonsecure beds. The number of secure and nonsecure beds in a facility shall be modified only with the approval of both the State Department of Social Services and the State Department of Health Care Services.(c) The State Department of Health Care Services shall develop, with the advice of the State Department of Social Services, county representatives, providers, and interested parties, the criteria to be used to determine which programs among applicant providers shall be licensed. The State Department of Health Care Services shall determine which agencies best meet the criteria, certify them in accordance with Section 4094, and refer them to the State Department of Social Services for licensure.(d) Any community treatment facility proposing to serve seriously emotionally disturbed foster children shall be incorporated as a nonprofit organization.(Amended by Stats. 2012, Ch. 439, Sec. 19. (AB 1471) Effective September 22, 2012.)
CA Welf & Inst Code § 4096.55 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 4 - MENTAL HEALTH|PART 1 - GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT|CHAPTER 3 - Facility Licensing, Program Certification, and Ratesetting|ARTICLE 5 - Programs for Seriously Emotionally Disturbed Children and Court Wards and Dependents|Section 4096.55.

4096.55.  (a) The State Department of Social Services, in collaboration with the State Department of Health Care Services, shall make available nursing resources intended to assist short-term residential therapeutic programs with meeting the needs of any child, minor, or nonminor dependent residing in the program placed by a county child welfare agency or probation department.(b) Nursing resources established pursuant to this section may include both of the following:(1) A contract that provides for access to nursing services 24 hours a day, 7 days a week.(2) Any other nursing resources, as identified by the State Department of Social Services, in collaboration with the State Department of Health Care Services and in consultation with the Department of Finance, designed to assist short-term residential therapeutic programs to meet the medical needs of any child, minor, or nonminor dependent residing in the program placed by a county child welfare agency or probation department.(c) If a child requires regular onsite nursing care, the placing agency shall ensure the nursing care is provided, either by the provider consistent with their treatment model, or by the county arranging for that care to be provided utilizing their nursing resources.(d) (1) The State Department of Social Services, in collaboration with the State Department of Health Care Services, shall issue necessary guidance for the statewide or regional short-term residential therapeutic program nursing resources, including, but not limited to, implementation, data tracking, and claiming.(2) The guidance shall also provide information on how to access existing nursing resources for the provision of medically necessary onsite care for children, minors, and nonminor dependents placed by a county child welfare agency or probation department.(e) (1) Notwithstanding any other law, contracts awarded by the State Department of Social Services for purposes of this section shall be exempt from the personal services contracting requirements of Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the Government Code.(2) Notwithstanding any other law, contracts awarded by the State Department of Social Services for purposes of this section shall be exempt from the Public Contract Code and the State Contracting Manual and shall not be subject to the approval of the Department of General Services.(Added by Stats. 2021, Ch. 86, Sec. 33. (AB 153) Effective July 16, 2021.)
CA Welf & Inst Code § 5150.05 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES|PART 1 - THE LANTERMAN-PETRIS-SHORT ACT|CHAPTER 2 - Involuntary Treatment|ARTICLE 1 - Detention of Mentally Disordered Persons for Evaluation and Treatment|Section 5150.05.

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, any person who is authorized to take that person, or cause that person to be taken, into custody pursuant to that section shall consider available relevant information about the historical course of the person’s mental disorder if the authorized person determines that the information has a reasonable bearing on the determination as to whether the person is a danger to others, or to himself or herself, or is gravely disabled as a result of the mental disorder.(b) For purposes of this section, “information about the historical course of the person’s mental disorder” includes evidence presented by the person who has provided or is providing mental health or related support services to the person subject to a determination described in subdivision (a), evidence presented by one or more members of the family of that person, and evidence presented by the person subject to a determination described in subdivision (a) or anyone designated by that person.(c) If the probable cause in subdivision (a) is based on the statement of a person other than the one authorized to take the person into custody pursuant to Section 5150, a member of the attending staff, or a professional person, the person making the statement shall be liable in a civil action for intentionally giving any statement that he or she knows to be false.(d) This section shall not be applied to limit the application of Section 5328.(Added by Stats. 2001, Ch. 506, Sec. 7. Effective January 1, 2002.)
CA Welf & Inst Code § 5150.1 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES|PART 1 - THE LANTERMAN-PETRIS-SHORT ACT|CHAPTER 2 - Involuntary Treatment|ARTICLE 1 - Detention of Mentally Disordered Persons for Evaluation and Treatment|Section 5150.1.

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 mental health personnel to take the person to, or keep the person at, a jail solely because of the unavailability of an acute bed, nor shall the peace officer be forbidden to transport the person directly to the designated facility. No mental health employee from any county, state, city, or any private agency providing Short-Doyle psychiatric emergency services shall interfere with a peace officer performing duties under Section 5150 by preventing the peace officer from entering a designated facility with the person to be assessed, nor shall any employee of such an agency require the peace officer to remove the person without assessment as a condition of allowing the peace officer to depart.“Peace officer” for the purposes of this section also means a jailer seeking to transport or transporting a person in custody to a designated facility for assessment consistent with Section 4011.6 or 4011.8 of the Penal Code and Section 5150.(Added by Stats. 1985, Ch. 1286, Sec. 6.2. Effective September 30, 1985.)
CA Welf & Inst Code § 5150.2 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES|PART 1 - THE LANTERMAN-PETRIS-SHORT ACT|CHAPTER 2 - Involuntary Treatment|ARTICLE 1 - Detention of Mentally Disordered Persons for Evaluation and Treatment|Section 5150.2.

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 longer than the time necessary to complete documentation of the factual basis of the detention under Section 5150 and a safe and orderly transfer of physical custody of the person. The documentation shall include detailed information regarding the factual circumstances and observations constituting probable cause for the peace officer to believe that the individual required psychiatric evaluation under the standards of Section 5105.Each county shall establish disposition procedures and guidelines with local law enforcement agencies as necessary to relate to persons not admitted for evaluation and treatment and who decline alternative mental health services and to relate to the safe and orderly transfer of physical custody of persons under Section 5150, including those who have a criminal detention pending.(Added by Stats. 1985, Ch. 1286, Sec. 6.4. Effective September 30, 1985.)
CA Welf & Inst Code § 5150.4 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES|PART 1 - THE LANTERMAN-PETRIS-SHORT ACT|CHAPTER 2 - Involuntary Treatment|ARTICLE 1 - Detention of Mentally Disordered Persons for Evaluation and Treatment|Section 5150.4.

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.(Added by Stats. 1985, Ch. 1286, Sec. 6.7. Effective September 30, 1985.)
CA Welf & Inst Code § 5150.5 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES|PART 1 - THE LANTERMAN-PETRIS-SHORT ACT|CHAPTER 2 - Involuntary Treatment|ARTICLE 1 - Detention of Mentally Disordered Persons for Evaluation and Treatment|Section 5150.5.

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 5150 or 5151 shall be consistent with the county’s authority to designate facilities for evaluation and treatment, pursuant to Sections 5150 and 5404.(b) For the purposes of this section and Section 5151, “telehealth” means the mode of delivering health care services and public health via information and communication technologies, as defined in Section 2290.5 of the Business and Professions Code.(Added by Stats. 2020, Ch. 149, Sec. 2. (AB 3242) Effective January 1, 2021.)
CA Welf & Inst Code § 5151 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES|PART 1 - THE LANTERMAN-PETRIS-SHORT ACT|CHAPTER 2 - Involuntary Treatment|ARTICLE 1 - Detention of Mentally Disordered Persons for Evaluation and Treatment|Section 5151.

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 not to exceed 72 hours. Saturdays, Sundays, and holidays may be excluded from the period if the State Department of Health Care Services certifies for each facility that evaluation and treatment services cannot reasonably be made available on those days. The certification by the department is subject to renewal every two years. The department shall adopt regulations defining criteria for determining whether a facility can reasonably be expected to make evaluation and treatment services available on Saturdays, Sundays, and holidays.(b) Prior to admitting a person to the facility for treatment and evaluation pursuant to Section 5150, the professional person in charge of the facility or a designee shall assess the individual to determine the appropriateness of the involuntary detention. This assessment shall be made face-to-face either in person or by synchronous interaction through a mode of telehealth that utilizes both audio and visual components.(Amended by Stats. 2020, Ch. 149, Sec. 3. (AB 3242) Effective January 1, 2021.)
CA Welf & Inst Code § 5152.1 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES|PART 1 - THE LANTERMAN-PETRIS-SHORT ACT|CHAPTER 2 - Involuntary Treatment|ARTICLE 1 - Detention of Mentally Disordered Persons for Evaluation and Treatment|Section 5152.1.

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 director or the director’s designee and the peace officer who makes the written application pursuant to Section 5150 or a person who is designated by the law enforcement agency that employs the peace officer, when the person has been released after 72-hour detention, when the person is not detained, or when the person is released before the full period of allowable 72-hour detention if all of the following conditions apply:(a) The peace officer requests such notification at the time he or she makes the application and the peace officer certifies at that time in writing that the person has been referred to the facility under circumstances which, based upon an allegation of facts regarding actions witnessed by the officer or another person, would support the filing of a criminal complaint.(b) The notice is limited to the person’s name, address, date of admission for 72-hour evaluation and treatment, and date of release.If a police officer, law enforcement agency, or designee of the law enforcement agency, possesses any record of information obtained pursuant to the notification requirements of this section, the officer, agency, or designee shall destroy that record two years after receipt of notification.(Amended by Stats. 2015, Ch. 455, Sec. 19. (SB 804) Effective January 1, 2016.)
CA Welf & Inst Code § 5152.2 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES|PART 1 - THE LANTERMAN-PETRIS-SHORT ACT|CHAPTER 2 - Involuntary Treatment|ARTICLE 1 - Detention of Mentally Disordered Persons for Evaluation and Treatment|Section 5152.2.

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 pursuant to Section 5152.1.(Amended by Stats. 2015, Ch. 455, Sec. 20. (SB 804) Effective January 1, 2016.)
CA Welf & Inst Code § 5153 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES|PART 1 - THE LANTERMAN-PETRIS-SHORT ACT|CHAPTER 2 - Involuntary Treatment|ARTICLE 1 - Detention of Mentally Disordered Persons for Evaluation and Treatment|Section 5153.

5153.  Whenever possible, officers charged with apprehension of persons pursuant to this article shall dress in plain clothes and travel in unmarked vehicles.(Amended by Stats. 1969, Ch. 722.)
CA Welf & Inst Code § 5154 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES|PART 1 - THE LANTERMAN-PETRIS-SHORT ACT|CHAPTER 2 - Involuntary Treatment|ARTICLE 1 - Detention of Mentally Disordered Persons for Evaluation and Treatment|Section 5154.

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 treatment and evaluation, their designee, the medical director of the facility or their designee described in Section 5152, the psychiatrist directly responsible for the person’s treatment, or the psychologist shall not be held civilly or criminally liable for any action by a person released before the end of 72 hours pursuant to this article.(b) The professional person in charge of the facility providing 72-hour treatment and evaluation, their designee, the medical director of the facility or their designee described in Section 5152, the psychiatrist directly responsible for the person’s treatment, or the psychologist shall not be held civilly or criminally liable for any action by a person released at the end of the 72 hours pursuant to this article.(c) The peace officer responsible for the detainment of the person shall not be civilly or criminally liable for any action by a person released at or before the end of the 72 hours pursuant to this article.(d) A member of a mobile crisis team or a professional person who has been designated by the county pursuant to Section 5121 and who detains or transports a person pursuant to Section 5150 shall not, as a result of detaining or transporting the person, be civilly or criminally liable for any action by the person if the person is released at or before the end of the 72 hours pursuant to this article.(e) The amendments to this section made by Assembly Bill 348 of the 2003–04 Regular Session shall not be construed to revise or expand the scope of practice of psychologists, as defined in Chapter 6.6 (commencing with Section 2900) of Division 2 of the Business and Professions Code.(Amended by Stats. 2021, Ch. 399, Sec. 2. (AB 1443) Effective January 1, 2022.)
CA Welf & Inst Code § 5155 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES|PART 1 - THE LANTERMAN-PETRIS-SHORT ACT|CHAPTER 2 - Involuntary Treatment|ARTICLE 1 - Detention of Mentally Disordered Persons for Evaluation and Treatment|Section 5155.

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.(Added by Stats. 1968, Ch. 1374.)
CA Welf & Inst Code § 5170 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES|PART 1 - THE LANTERMAN-PETRIS-SHORT ACT|CHAPTER 2 - Involuntary Treatment|ARTICLE 1.5 - Detention of Inebriates for Evaluation and Treatment|Section 5170.

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 defined by regulation, of an evaluation facility designated by the county, or other person designated by the county may, upon reasonable cause, take, or cause to be taken, the person into civil protective custody and place him in a facility designated by the county and approved by the State Department of Alcohol and Drug Abuse as a facility for 72-hour treatment and evaluation of inebriates.(Amended by Stats. 1978, Ch. 429.)
CA Welf & Inst Code § 5170.1 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES|PART 1 - THE LANTERMAN-PETRIS-SHORT ACT|CHAPTER 2 - Involuntary Treatment|ARTICLE 1.5 - Detention of Inebriates for Evaluation and Treatment|Section 5170.1.

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 accomplished by a mobile crisis unit, first aid station or ambulatory detoxification unit;(2) A detoxification facility for alcoholic and acutely intoxicated persons. (3) An alcohol recovery house.(Added by Stats. 1974, Ch. 1024.)
CA Welf & Inst Code § 5170.3 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES|PART 1 - THE LANTERMAN-PETRIS-SHORT ACT|CHAPTER 2 - Involuntary Treatment|ARTICLE 1.5 - Detention of Inebriates for Evaluation and Treatment|Section 5170.3.

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 the officer, member of the attending staff, or other designated person, and stating that the officer, member of the attending staff, or other designated person believes as a result of his personal observations that the person is, as a result of inebriation, a danger to others, or to himself, or gravely disabled or has violated subdivision (f) of Section 647 of the Penal Code.(Added by Stats. 1971, Ch. 1581.)
CA Welf & Inst Code § 5170.5 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES|PART 1 - THE LANTERMAN-PETRIS-SHORT ACT|CHAPTER 2 - Involuntary Treatment|ARTICLE 1.5 - Detention of Inebriates for Evaluation and Treatment|Section 5170.5.

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 three hours after he is placed in such facility or taken to such unit, the right to make, at his own expense, at least two completed telephone calls. If the person placed in the evaluation facility does not have money upon him with which to make such calls, he shall be allowed free at least two completed local toll free or collect telephone calls.(Amended by Stats. 1974, Ch. 1024.)
CA Welf & Inst Code § 5170.7 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES|PART 1 - THE LANTERMAN-PETRIS-SHORT ACT|CHAPTER 2 - Involuntary Treatment|ARTICLE 1.5 - Detention of Inebriates for Evaluation and Treatment|Section 5170.7.

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 person’s treatment believes, as a result of his or her personal observations, that the person is not a danger to others, or to himself or herself. If any other professional person who is authorized to release the person, believes the person should be released before 72 hours have elapsed, and the psychiatrist directly responsible for the person’s treatment objects, the matter shall be referred to the medical director of the facility for the final decision. However, if the medical director is not a psychiatrist, he or she shall appoint a designee who is a psychiatrist. If the matter is referred, the person shall be released before 72 hours have elapsed only if the psychiatrist making the final decision believes, as a result of his or her personal observations, that the person is not a danger to others, or to himself or herself.(Amended by Stats. 1985, Ch. 1288, Sec. 4. Effective September 30, 1985.)