reglab/statecodes huggingface dataset:
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4 - MENTAL HEALTH › PART 1 - GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT › CHAPTER 1 - General › Section 4005.8.

4005.8. (a) The Deputy Director of the Office of Protective Services of the State Department of State Hospitals has oversight of all protective service components within the department’s law enforcement and fire protection services, including those at each state hospital. The deputy director shall be an experienced law enforcement officer who has completed the management training course prescribed by the Commission on Peace Officer Standards and Training, with extensive management experience directing uniformed peace officers and investigation officers.
(b) Wherever the term “Chief of the Office of Protective Services” is used in reference to the State Department of State Hospitals, the term shall be deemed to mean the Deputy Director of the Office of Protective Services of the State Department of State Hospitals.
(Added by Stats. 2018, Ch. 424, Sec. 6. (SB 1495) Effective January 1, 2019.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4 - MENTAL HEALTH › PART 1 - GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT › CHAPTER 1 - General › Section 4006.

4006. With the approval of the Department of Finance and for use in the furtherance of the work of the State Department of State Hospitals, the director may accept any or all of the following:
(a) Grants of interest in real property.
(b) Grants of money received by this state from the United States, the expenditure of which is administered through or under the direction of any department of this state.
(c) Gifts of money from public agencies or from persons, organizations, or associations interested in the scientific, educational, charitable, or mental health fields.
(Amended by Stats. 2012, Ch. 24, Sec. 68. (AB 1470) Effective June 27, 2012.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4 - MENTAL HEALTH › PART 1 - GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT › CHAPTER 1 - General › Section 4007.

4007. The department may expend in accordance with law all money now or hereafter made available for its use, or for the administration of any statute administered by the department.
(Repealed and added by Stats. 1967, Ch. 1667.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4 - MENTAL HEALTH › PART 1 - GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT › CHAPTER 1 - General › Section 4008.

4008. (a) The department may expend money in accordance with law for the actual and necessary travel expenses of officers and employees of the department who are authorized to absent themselves from the State of California on official business.
(b) For the purposes of this section and of Sections 11030 and 11032 of the Government Code, the following constitutes, among other purposes, official business for officers and employees of the department for which these officers and employees shall be allowed actual and necessary traveling expenses when incurred either in or out of this state upon approval of the Governor and Director of Finance:
(1) Attending meetings of any national or regional association or organization having as its principal purpose the study of matters relating to the care and treatment of mentally ill persons.
(2) Conferring with officers or employees of the United States or other states, relative to problems of institutional care, treatment or management.
(3) Obtaining information from organizations, associations, or persons described in paragraphs (1) and (2) which would be useful in the conduct of the activities of the State Department of State Hospitals.
(Amended by Stats. 2012, Ch. 24, Sec. 69. (AB 1470) Effective June 27, 2012.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4 - MENTAL HEALTH › PART 1 - GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT › CHAPTER 1 - General › Section 4009.

4009. The department may appoint and fix the compensation of such employees as it deems necessary, subject to the laws governing civil service.
(Repealed and added by Stats. 1967, Ch. 1667.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4 - MENTAL HEALTH › PART 1 - GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT › CHAPTER 1 - General › Section 4010.

4010. Except as in this chapter otherwise prescribed, the provisions of the Government Code relating to state officers and departments shall apply to the State Department of State Hospitals.
(Amended by Stats. 2012, Ch. 24, Sec. 70. (AB 1470) Effective June 27, 2012.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4 - MENTAL HEALTH › PART 1 - GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT › CHAPTER 1 - General › Section 4011.

4011. (a) The State Department of Health Care Services has jurisdiction over the execution of the laws relating to the care, custody, and treatment of persons with mental health disorders only to the extent and in the manner provided in this code. The State Department of State Hospitals shall have jurisdiction over the execution of the laws relating to care and treatment of persons with mental health disorders under the custody of the State Department of State Hospitals.
(b) As used in this division, “establishment” and “institution” include every hospital, boarding home, or other place receiving or caring for persons with mental health disorders.
(Amended by Stats. 2014, Ch. 144, Sec. 59. (AB 1847) Effective January 1, 2015.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4 - MENTAL HEALTH › PART 1 - GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT › CHAPTER 1 - General › Section 4011.5.

4011.5. In counties where hospitals under the jurisdiction of the State Department of State Hospitals are located, the state hospitals shall ensure that appropriate special education and related services, pursuant to Chapter 8 (commencing with Section 56850) of Part 30 of Division 4 of Title 2 of the Education Code, are provided eligible individuals with exceptional needs residing in state hospitals.
(Amended by Stats. 2012, Ch. 24, Sec. 71. (AB 1470) Effective June 27, 2012.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4 - MENTAL HEALTH › PART 1 - GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT › CHAPTER 1 - General › Section 4012.

4012. The State Department of State Hospitals, the State Department of Health Care Services, and other departments as necessary, may:
(a) Disseminate educational information relating to the prevention, diagnosis and treatment of mental illness.
(b) Upon request, advise all public officers, organizations and agencies interested in the mental health of the people of the state.
(c) Conduct such educational and related work as will tend to encourage the development of proper mental health facilities throughout the state.
(d) Coordinate state activities involving other departments whose actions affect mentally ill persons.
(e) Coordinate with, and provide information to, other states and national organizations, on issues involving mental health.
(f) Disseminate information and federal and private foundation funding opportunities to counties and cities that administer mental health programs.
(Amended by Stats. 2012, Ch. 24, Sec. 72. (AB 1470) Effective June 27, 2012.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4 - MENTAL HEALTH › PART 1 - GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT › CHAPTER 1 - General › Section 4012.5.

4012.5. The State Department of State Hospitals may obtain psychiatric, medical and other necessary aftercare services for judicially committed patients on leave of absence from state hospitals by contracting with any city, county, local health district, or other public officer or agency, or with any private person or agency to furnish such services to patients in or near the home community of the patient. Any city, county, local health district, or other public officer or agency authorized by law to provide mental health and aftercare services is authorized to enter such contracts.
(Amended by Stats. 2012, Ch. 24, Sec. 73. (AB 1470) Effective June 27, 2012.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4 - MENTAL HEALTH › PART 1 - GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT › CHAPTER 1 - General › Section 4016.

4016. In every place in which a person with a mental health disorder may be involuntarily held, the persons confined therein shall be permitted access to, and examination or inspection of, copies of this code.
(Amended by Stats. 2014, Ch. 144, Sec. 60. (AB 1847) Effective January 1, 2015.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4 - MENTAL HEALTH › PART 1 - GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT › CHAPTER 1 - General › Section 4017.

4017. (a) The department may provide information to the Controller to guide distribution of resources dedicated for mental health services under Chapter 6 (commencing with Section 17600) of Part 5 of Division 9, and may distribute to a county or combination of counties acting jointly resources described in Part 2 (commencing with Section 5600) of Division 5, pursuant to Section 5701.
(b) The department may contract with a county or combination of counties for services described in this division and Division 5 (commencing with Section 5000), to the extent that those services are funded directly by the department.
(Amended by Stats. 1991, Ch. 611, Sec. 16. Effective October 7, 1991.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4 - MENTAL HEALTH › PART 1 - GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT › CHAPTER 1 - General › Section 4021.

4021. (a) When the department has reason to believe that a person held in custody as having a mental health disorder is wrongfully deprived of his or her liberty, or is cruelly or negligently treated, or that inadequate provision is made for the skillful medical care, proper supervision, and safekeeping of that person, it may ascertain the facts. It may issue compulsory process for the attendance of witnesses and the production of papers, and may exercise the powers conferred upon a referee in a superior court. It may make such orders for the care and treatment of such person as it deems proper.
(b) Whenever the department undertakes an investigation into the general management and administration of an establishment or place of detention for persons with mental health disorders, it may give notice of that investigation to the Attorney General, who shall appear personally or by deputy, to examine witnesses in attendance and to assist the department in the exercise of the powers conferred upon it in this code.
(Amended by Stats. 2014, Ch. 144, Sec. 61. (AB 1847) Effective January 1, 2015.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4 - MENTAL HEALTH › PART 1 - GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT › CHAPTER 1 - General › Section 4022.

4022. When complaint is made to the department regarding the officers or management of a hospital or institution for persons with mental health disorders, or regarding the management of a person detained therein or regarding a person held in custody as having a mental health disorder, the department may, before making an examination regarding the complaint, require it to be made in writing and sworn to before an officer authorized to administer oaths. On receipt of such a complaint, sworn to if so required, the department shall direct that a copy of the complaint be served on the authorities of the hospital or institution or the person against whom complaint is made, together with notice of the time and place of the investigation, as the department directs.
(Amended by Stats. 2014, Ch. 144, Sec. 62. (AB 1847) Effective January 1, 2015.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4 - MENTAL HEALTH › PART 1 - GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT › CHAPTER 1 - General › Section 4023.

4023. (a) The State Department of State Hospitals shall report to the agency described in subdivision (i) of Section 4900 the following incidents involving a resident of a state mental hospital:
(1) Any unexpected or suspicious death, regardless of whether the cause is immediately known.
(2) Any allegation of sexual assault, as defined in Section 15610.63, in which the alleged perpetrator is an employee or contractor of a state mental hospital or of the Department of Corrections and Rehabilitation.
(3) Any report made to the local law enforcement agency in the jurisdiction in which the facility is located that involves physical abuse, as defined in Section 15610.63, in which a staff member is implicated.
(b) A report pursuant to this section shall be made no later than the close of the first business day following the discovery of the reportable incident.
(Added by Stats. 2012, Ch. 660, Sec. 1. (SB 1051) Effective September 27, 2012.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4 - MENTAL HEALTH › PART 1 - GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT › CHAPTER 1 - General › Section 4023.6.

4023.6. (a) The Office of Law Enforcement Support within the California Health and Human Services Agency shall investigate both of the following:
(1) Any incident at a developmental center or state hospital that involves developmental center or state hospital law enforcement personnel and that meets the criteria in Section 4023 or 4427.5, or alleges serious misconduct by law enforcement personnel.
(2) Any incident at a developmental center or state hospital that the Chief of the Office of Law Enforcement Support, the Secretary of the California Health and Human Services Agency, or the Undersecretary of the California Health and Human Services Agency directs the office to investigate.
(b) All incidents that meet the criteria of Section 4023 or 4427.5 shall be reported immediately to the Chief of the Office of Law Enforcement Support by the Chief of the facility’s Office of Protective Services.
(c) (1) Before adopting policies and procedures related to fulfilling the requirements of this section related to the Developmental Centers Division of the State Department of Developmental Services, the Office of Law Enforcement Support shall consult with the executive director of the protection and advocacy agency established by Section 4901, or his or her designee; the Executive Director of the Association of Regional Center Agencies, or his or her designee; and other advocates, including persons with developmental disabilities and their family members, on the unique characteristics of the persons residing in the developmental centers and the training needs of the staff who will be assigned to this unit.
(2) Before adopting policies and procedures related to fulfilling the requirements of this section related to the State Department of State Hospitals, the Office of Law Enforcement Support shall consult with the executive director of the protection and advocacy agency established by Section 4901, or his or her designee, and other advocates, including persons with mental health disabilities, former state hospital residents, and their family members.
(Added by Stats. 2015, Ch. 26, Sec. 44. (SB 85) Effective June 24, 2015.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4 - MENTAL HEALTH › PART 1 - GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT › CHAPTER 1 - General › Section 4023.7.

4023.7. (a) The Office of Law Enforcement Support shall be responsible for contemporaneous oversight of investigations that (1) are conducted by the State Department of State Hospitals and involve an incident that meets the criteria of Section 4023, and (2) are conducted by the State Department of Developmental Services and involve an incident that meets the criteria of Section 4427.5.
(b) Upon completion of a review, the Office of Law Enforcement Support shall prepare a written incident report, which shall be held as confidential.
(Added by Stats. 2015, Ch. 26, Sec. 45. (SB 85) Effective June 24, 2015.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4 - MENTAL HEALTH › PART 1 - GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT › CHAPTER 1 - General › Section 4023.8.

4023.8. (a) (1) Commencing October 1, 2016, the Office of Law Enforcement Support shall issue regular reports, no less than semiannually, to the Governor, the appropriate policy and budget committees of the Legislature, and the Joint Legislative Budget Committee, summarizing the investigations it conducted pursuant to Section 4023.6 and its oversight of investigations pursuant to Section 4023.7. Reports encompassing data from January through June, inclusive, shall be made on October 1 of each year, and reports encompassing data from July to December, inclusive, shall be made on March 1 of each year.
(2) The reports required by paragraph (1) shall include, but not be limited to, all of the following:
(A) The number, type, and disposition of investigations of incidents.
(B) A synopsis of each investigation reviewed by the Office of Law Enforcement Support.
(C) An assessment of the quality of each investigation, the appropriateness of any disciplinary actions, the Office of Law Enforcement Support’s recommendations regarding the disposition in the case and the level of disciplinary action, and the degree to which the agency’s authorities agreed with the Office of Law Enforcement Support’s recommendations regarding disposition and level of discipline.
(D) The report of any settlement and whether the Office of Law Enforcement Support concurred with the settlement.
(E) The extent to which any disciplinary action was modified after imposition.
(F) Timeliness of investigations and completion of investigation reports.
(G) The number of reports made to an individual’s licensing board, including, but not limited to, the Medical Board of California, the Board of Registered Nursing, the Board of Vocational Nursing and Psychiatric Technicians of the State of California, or the California State Board of Pharmacy, in cases involving serious or criminal misconduct by the individual.
(H) The number of investigations referred for criminal prosecution and employee disciplinary action and the outcomes of those cases.
(I) The adequacy of the State Department of State Hospitals’ and the Developmental Centers Division of the State Department of Developmental Services’ systems for tracking patterns and monitoring investigation outcomes and employee compliance with training requirements.
(3) The reports required by paragraph (1) shall be in a form that does not identify the agency employees involved in the alleged misconduct.
(4) The reports required by paragraph (1) shall be posted on the Office of Law Enforcement Support’s Internet Web site and otherwise made available to the public upon their release to the Governor and the Legislature.
(b) The protection and advocacy agency established by Section 4901 shall have access to the reports issued pursuant to paragraph (1) of subdivision (a) and all supporting materials except personnel records.
(Added by Stats. 2015, Ch. 26, Sec. 46. (SB 85) Effective June 24, 2015.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4 - MENTAL HEALTH › PART 1 - GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT › CHAPTER 1 - General › Section 4024.

4024. The State Department of State Hospitals proposed allocations for level-of-care staffing in state hospitals that serve persons with mental disabilities shall be submitted to the Department of Finance for review and approval in July and again on a quarterly basis. Each quarterly report shall include an analysis of client characteristics of admissions and discharges in addition to information on any changes in characteristics of current residents.
The State Department of State Hospitals shall submit by January 1 and May 1 to the Department of Finance for its approval: (a) all assumptions underlying estimates of state hospital mentally disabled population; and (b) a comparison of the actual and estimated population levels for the year to date. If the actual population differs from the estimated population by 50 or more, the department shall include in its reports an analysis of the causes of the change and the fiscal impact. The Department of Finance shall approve or modify the assumptions underlying all population estimates within 15 working days of their submission. If the Department of Finance does not approve or modify the assumptions by that date, the assumptions, as presented by the submitting department, shall be deemed to be accepted by the Department of Finance as of that date.
(Amended by Stats. 2013, Ch. 275, Sec. 9. (AB 1420) Effective January 1, 2014.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4 - MENTAL HEALTH › PART 1 - GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT › CHAPTER 1 - General › Section 4024.7.

4024.7. The Governor or the Director of Health Care Services shall appoint, subject to confirmation by the Senate, a Deputy Director of Mental Health and Substance Use Disorder Services of the State Department of Health Care Services. The salary for the deputy director shall be fixed in accordance with law.
(Added by Stats. 2012, Ch. 23, Sec. 47. (AB 1467) Effective June 27, 2012.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4 - MENTAL HEALTH › PART 1 - GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT › CHAPTER 1 - General › Section 4025.

4025. Charges made by the department for the care and treatment of each patient in a facility maintained by the department shall not exceed the actual cost thereof as determined by the director in accordance with standard accounting practices. The director is not prohibited from including the amount of expenditures for capital outlay or the interest thereon, or both, in his determination of actual cost.
As used in this section, the terms “care” and “care and treatment” include care, treatment, support, maintenance, and other services rendered by the department to a patient in the state hospital or other facility maintained by or under the jurisdiction of the department.
(Added by Stats. 1968, Ch. 1374.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4 - MENTAL HEALTH › PART 1 - GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT › CHAPTER 1 - General › Section 4027.

4027. The State Department of State Hospitals may adopt regulations concerning patients’ rights and related procedures applicable to the inpatient treatment of mentally ill offenders receiving treatment pursuant to Sections 1026, 1026.2, 1364, 1370, 1610, and 2684 of the Penal Code, Section 1756 of this code, persons receiving treatment as mentally disordered sex offenders, and inmates of jail psychiatric units.
(Amended by Stats. 2012, Ch. 24, Sec. 76. (AB 1470) Effective June 27, 2012.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4 - MENTAL HEALTH › PART 1 - GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT › CHAPTER 2 - Planning, Research, Evaluation and Quality Assurance › ARTICLE 1 - Planning, Research, Evaluation, and Quality Assurance › Section 4030.

4030. The Director of Health Care Services shall organize appropriate staff of the department to ensure implementation of the planning, research, evaluation, technical assistance, and quality assurance responsibilities set forth in this chapter.
(Amended by Stats. 2012, Ch. 34, Sec. 46. (SB 1009) Effective June 27, 2012.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4 - MENTAL HEALTH › PART 1 - GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT › CHAPTER 2 - Planning, Research, Evaluation and Quality Assurance › ARTICLE 1 - Planning, Research, Evaluation, and Quality Assurance › Section 4031.

4031. The State Department of Health Care Services shall, to the extent resources are available, do all of the following:
(a) Conduct, sponsor, coordinate, and disseminate results of research and evaluation directed to the public policy issues entailed in the selection of resource utilization and service delivery in the state.
(b) Make available technical assistance to local mental health programs incorporating the results of research, evaluation, and quality assurance to local mental health programs.
(c) Implement a system of required performance reporting by local mental health programs.
(d) Perform any other activities useful to improving and maintaining the quality of community mental health programs.
(Amended by Stats. 2012, Ch. 34, Sec. 47. (SB 1009) Effective June 27, 2012.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4 - MENTAL HEALTH › PART 1 - GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT › CHAPTER 2 - Planning, Research, Evaluation and Quality Assurance › ARTICLE 1 - Planning, Research, Evaluation, and Quality Assurance › Section 4032.

4032. The State Department of Health Care Services shall, when appropriate, give and receive grants and contracts for research, evaluation, and quality assurance efforts.
(Amended by Stats. 2012, Ch. 34, Sec. 48. (SB 1009) Effective June 27, 2012.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4 - MENTAL HEALTH › PART 1 - GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT › CHAPTER 2 - Planning, Research, Evaluation and Quality Assurance › ARTICLE 1 - Planning, Research, Evaluation, and Quality Assurance › Section 4033.

4033. (a) The State Department of Health Care Services shall, to the extent resources are available, comply with the Substance Abuse and Mental Health Services Administration federal planning requirements. The department shall update and issue a state plan, which may also be any federally required state service plan, so that citizens may be informed regarding the implementation of, and long-range goals for, programs to serve mentally ill persons in the state. The department shall gather information from counties necessary to comply with this section.
(b) (1) If the State Department of Health Care Services makes a decision not to comply with any Substance Abuse and Mental Health Services Administration federal planning requirement to which this section applies, the State Department of Health Care Services shall submit the decision, for consultation, to the County Behavioral Health Directors Association of California, the California Behavioral Health Planning Council, and affected mental health entities.
(2) The State Department of Health Care Services shall not implement any decision not to comply with the Substance Abuse and Mental Health Services Administration federal planning requirements sooner than 30 days after notification of that decision, in writing, by the Department of Finance, to the chairperson of the committee in each house of the Legislature that considers appropriations, and the Chairperson of the Joint Legislative Budget Committee.
(Amended by Stats. 2017, Ch. 511, Sec. 2. (AB 1688) Effective January 1, 2018.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4 - MENTAL HEALTH › PART 1 - GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT › CHAPTER 2 - Planning, Research, Evaluation and Quality Assurance › ARTICLE 2 - Research and Evaluation › Section 4040.

4040. The State Department of Health Care Services or State Department of State Hospitals may conduct, or contract for, research or evaluation studies that have application to mental health policy and management issues. In selecting areas for study the department shall be guided by the information needs of state and local policymakers and managers, and suggestions from the County Behavioral Health Directors Association of California.
(Amended by Stats. 2015, Ch. 455, Sec. 14. (SB 804) Effective January 1, 2016.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4 - MENTAL HEALTH › PART 1 - GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT › CHAPTER 2 - Planning, Research, Evaluation and Quality Assurance › ARTICLE 2 - Research and Evaluation › Section 4041.

4041. The department shall serve as a clearinghouse for information on research and evaluation studies relevant to mental health. The department shall review and disseminate the results of local, state, and national research and evaluation studies that have important implications for mental health policy or management.
(Added by Stats. 1978, Ch. 1393.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4 - MENTAL HEALTH › PART 1 - GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT › CHAPTER 2 - Planning, Research, Evaluation and Quality Assurance › ARTICLE 2 - Research and Evaluation › Section 4042.

4042. The State Department of State Hospitals shall cooperate and coordinate with other state and local agencies engaged in research and evaluation studies. Effort shall be made to coordinate with research, evaluation, and demonstration efforts of local mental health programs, state hospitals serving persons with mental health disorders, the Department of Rehabilitation, the State Department of Developmental Services, the State Department of Health Care Services, universities, and other special projects conducted or contracted for by the State Department of State Hospitals.
(Amended by Stats. 2014, Ch. 144, Sec. 63. (AB 1847) Effective January 1, 2015.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4 - MENTAL HEALTH › PART 1 - GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT › CHAPTER 2 - Planning, Research, Evaluation and Quality Assurance › ARTICLE 2 - Research and Evaluation › Section 4043.

4043. (a) It is the intent of the Legislature that the department provide leadership in the establishment and funding of mental health research projects. The projects shall lead to better understanding of the etiology of serious mental illness and the development of treatment alternatives necessary to meet the needs of the citizens of this state.
(b) The director shall appoint a Mental Health Research Advisory Committee. The committee shall consult with program administrators, providers, consumers, families, and research scientists. The committee shall advise and assist the director in establishing research priorities and in other research related activities as appropriate.
(Added by Stats. 1991, Ch. 89, Sec. 24. Effective June 30, 1991.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4 - MENTAL HEALTH › PART 1 - GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT › CHAPTER 2 - Planning, Research, Evaluation and Quality Assurance › ARTICLE 2 - Research and Evaluation › Section 4044.

4044. Research performed pursuant to this chapter shall have as a priority serious mental disorders. Research shall be conducted in, or in collaboration with, state or local mental health program facilities that serve public needs. In order to preserve continuity, research programs may be funded for up to five years depending upon the nature of the project and availability of funds.
(Added by Stats. 1991, Ch. 89, Sec. 25. Effective June 30, 1991.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4 - MENTAL HEALTH › PART 1 - GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT › CHAPTER 2 - Planning, Research, Evaluation and Quality Assurance › ARTICLE 2 - Research and Evaluation › Section 4045.

4045. In order to improve the quality of mental health care in this state, a portion of the funding for research pursuant to this chapter shall be used to provide technical advice, consultation, and education on diagnosis and treatment within the public mental health system upon request of a county.
(Added by Stats. 1991, Ch. 89, Sec. 26. Effective June 30, 1991.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4 - MENTAL HEALTH › PART 1 - GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT › CHAPTER 2 - Planning, Research, Evaluation and Quality Assurance › ARTICLE 2 - Research and Evaluation › Section 4046.

4046. Notwithstanding any other law, designated staff of the State Department of State Hospitals shall have access to state summary criminal history information for patients and formerly committed patients necessary to submit legislative reports for facility and community treatment programs, as well as for research, evaluation, and data analytics. Criminal history records may include individually disaggregated data of arrests, charging offenses, pretrial proceedings, the nature and disposition of criminal charges, and information pertaining to sentencing, incarceration, rehabilitation, and release. Information from criminal history records provided pursuant to this section shall not be used for any purpose other than those specified in this article. The State Department of State Hospitals and the Department of Corrections and Rehabilitation may exchange criminal identification and information numbers (CII) for the purposes of research and program evaluation under this section.
(Added by Stats. 2023, Ch. 42, Sec. 65. (AB 118) Effective July 10, 2023.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4 - MENTAL HEALTH › PART 1 - GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT › CHAPTER 2 - Planning, Research, Evaluation and Quality Assurance › ARTICLE 3 - Technical Assistance › Section 4050.

4050. The State Department of Health Care Services shall provide, to the extent resources are available, technical assistance, through its own staff, or by contract, to county mental health programs and other local mental health agencies in the areas of program operations, research, evaluation, demonstration, or quality assurance projects.
(Amended by Stats. 2012, Ch. 34, Sec. 51. (SB 1009) Effective June 27, 2012.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4 - MENTAL HEALTH › PART 1 - GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT › CHAPTER 2 - Planning, Research, Evaluation and Quality Assurance › ARTICLE 3 - Technical Assistance › Section 4051.

4051. The State Department of Health Care Services shall, to the extent resources are available, provide program development guidelines, evaluation models, and operational assistance on all aspects of services to mentally ill persons of all ages. These services include, but are not limited to, the following:
(a) Self-help programs.
(b) Housing development.
(c) Disaster preparation.
(d) Vocational services.
(e) Regional programs.
(f) Multiple diagnosis programs.
(Amended by Stats. 2012, Ch. 34, Sec. 52. (SB 1009) Effective June 27, 2012.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4 - MENTAL HEALTH › PART 1 - GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT › CHAPTER 2 - Planning, Research, Evaluation and Quality Assurance › ARTICLE 3 - Technical Assistance › Section 4052.

4052. The State Department of Health Care Services shall, to the extent resources are available, provide training in performance standards, model programs, cultural competency, and program development.
(Amended by Stats. 2012, Ch. 34, Sec. 53. (SB 1009) Effective June 27, 2012.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4 - MENTAL HEALTH › PART 1 - GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT › CHAPTER 2 - Planning, Research, Evaluation and Quality Assurance › ARTICLE 3 - Technical Assistance › Section 4060.

4060. The State Department of Health Care Services shall, in order to implement Section 4050, utilize a meaningful decisionmaking process that includes local mental health directors and representatives of local mental health boards as well as other stakeholders as determined by the department. The purpose of this collaboration shall be to promote effective and efficient quality mental health services to the residents of the state under the realigned mental health system.
(Amended by Stats. 2012, Ch. 34, Sec. 54. (SB 1009) Effective June 27, 2012.)
2023 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 3 - Psychiatric Health Facilities and Psychiatric Residential Treatment Facilities › Section 4082.

4082. (a) Each new or renewal application for a psychiatric residential treatment facility license shall be accompanied by a licensing fee and an application fee paid to the State Department of Health Care Services for its costs in connection with the licensing of these facilities.
(b) The amount of the application fee and the licensing fee shall be determined and collected by the State Department of Health Care Services. The total amount of the fees collected shall not exceed the actual costs of licensure and oversight of psychiatric residential treatment facility programs.
(c) The State Department of Health Care Services shall waive the licensing fees and application fees for psychiatric residential facilities that are owned and operated by a California state or local authority as the licensee.
(d) Each license or renewal issued pursuant to this chapter shall be subject to renewal 12 months from the date of issuance. Application for renewal of the license shall be accompanied by the necessary fee and shall be filed with the State Department of Health Care Services at least 30 days prior to the expiration date. Failure to file a timely renewal may result in expiration of the license.
(e) License and renewal fees collected pursuant to this section shall be deposited into the Mental Health Facility Licensing Fund.
(f) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department may implement, interpret, or make specific this section, in whole or in part, by means of plan or county letters, information notices, plan or provider bulletins, or other similar instructions, without taking any further regulatory action.
(Added by Stats. 2022, Ch. 589, Sec. 10. (AB 2317) Effective January 1, 2023.)
2023 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 3 - Psychiatric Health Facilities and Psychiatric Residential Treatment Facilities › Section 4083.

4083. (a) Each psychiatric residential treatment facility shall provide the State Department of Health Care Services the data as specified in subdivision (c) of Section 1250.10 of the Health and Safety Code.
(b) Each psychiatric residential treatment facility shall provide the State Department of Health Care Services and the behavioral health department for the county in which the facility is physically located with data for Medi-Cal beneficiaries admitted to the facility.
(c) Information released or published pursuant to this section shall not contain data that may lead to the identification of patients receiving services in a psychiatric residential treatment facility or information that would otherwise allow an individual to link the published information to a specific person. Data published by the department shall be deidentified in compliance with Section 164.514(a) and (b) of Title 45 of the Code of Federal Regulations.
(d) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department may implement, interpret, or make specific this section, in whole or in part, by means of plan or county letters, information notices, plan or provider bulletins, or other similar instructions, without taking any further regulatory action.
(Added by Stats. 2022, Ch. 589, Sec. 11. (AB 2317) Effective January 1, 2023.)
2023 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 4 - Social Rehabilitation Facilities and Community Residential Treatment Programs › Section 4090.

4090. (a) The State Department of Health Care Services shall establish, by regulation, standards for the programs listed in Chapter 2.5 (commencing with Section 5670) of Part 2 of Division 5. These standards shall also be applied by the department to any facility licensed as a social rehabilitation facility pursuant to paragraph (7) of subdivision (a) of Section 1502 of the Health and Safety Code.
(b) In establishing the standards required by this section, the department shall not establish standards which in themselves impose any new or increased costs on the programs or facilities affected by the standards.
(Amended by Stats. 2012, Ch. 34, Sec. 62. (SB 1009) Effective June 27, 2012.)
2023 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 4 - Social Rehabilitation Facilities and Community Residential Treatment Programs › Section 4091.

4091. Nothing in Section 4090 limits the authority of the State Department of Health Care Services to delegate the evaluation and enforcement of the program standards to a county mental health program when a licensed social rehabilitation facility has a contractual relationship with a county mental health program and the county has requested the delegation.
(Amended by Stats. 2012, Ch. 34, Sec. 63. (SB 1009) Effective June 27, 2012.)
2023 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 4094.1.

4094.1. The State Department of Health Care Services and the State Department of Social Services, in consultation with community treatment providers, local mental health departments, and county welfare departments, shall develop joint protocols for the oversight of community treatment facilities.
(Amended by Stats. 2012, Ch. 34, Sec. 65. (SB 1009) Effective June 27, 2012.)
2023 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.)
2023 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.)