reglab/statecodes huggingface dataset:
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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. (a) At any time, a conservatee or any person on the conservatee’s behalf with the consent of the conservatee or the conservatee’s 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.
(b) 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 their 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 provide notice to the Secretary of State pursuant to Section 2211.5 of the Elections Code.
(c) This section shall become operative on January 1, 2024.
(Repealed (in Sec. 13) and added by Stats. 2022, Ch. 807, Sec. 14. (AB 2841) Effective January 1, 2023. Operative January 1, 2024, by its own provisions.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 1 - THE LANTERMAN-PETRIS-SHORT ACT › CHAPTER 3 - Conservatorship for Gravely Disabled Persons › Section 5358.5.

5358.5. When any conservatee placed into a facility pursuant to this chapter leaves the facility without the approval of the conservator or the person in charge of the facility, or when the conservator appointed pursuant to this chapter deems it necessary to remove his conservatee to the county designated treatment facility, the conservator may take the conservatee into custody and return him to the facility or remove him to the county designated treatment facility. A conservator, at his discretion, may request a peace officer to detain the conservatee and return such person to the facility in which he was placed or to transfer such person to the county designated treatment facility, pursuant to Section 7325 of the Welfare and Institutions Code. Such request shall be in writing and accompanied by a certified copy of the letters of conservatorship showing the person requesting detention and transfer to be the conservator appointed pursuant to this chapter as conservator of the person sought to be detained. Either the conservator or his assistant or deputy may request detention under this section. Whenever possible, persons charged with apprehension of persons pursuant to this section shall dress in plain clothes and shall travel in unmarked vehicles.
(Amended by Stats. 1974, Ch. 833.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 1 - THE LANTERMAN-PETRIS-SHORT ACT › CHAPTER 3 - Conservatorship for Gravely Disabled Persons › Section 5358.6.

5358.6. Any conservator who places his or her conservatee in an inpatient facility pursuant to Section 5358, may also require the conservatee to undergo outpatient treatment. Before doing so, the conservator shall obtain the agreement of the person in charge of a mental health facility that the conservatee will receive outpatient treatment and that the person in charge of the facility will designate a person to be the outpatient supervisor of the conservatee. The person in charge of these facilities shall notify the county mental health director or his or her designee of such agreement. At 90-day intervals following the commencement of the outpatient treatment, the outpatient supervisor shall make a report in writing to the conservator and to the person in charge of the mental health facility setting forth the status and progress of the conservatee.
(Amended by Stats. 1980, Ch. 681, Sec. 3.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 1 - THE LANTERMAN-PETRIS-SHORT ACT › CHAPTER 3 - Conservatorship for Gravely Disabled Persons › Section 5358.7.

5358.7. When any conservatee challenges his or her placement or conditions of confinement pursuant to Section 1473 of the Penal Code or Section 7250 of the Welfare and Institutions Code, notwithstanding the continuing jurisdiction of the court which appointed the conservators, judicial review shall be in the county where the conservatorship was established or in the county in which the conservatee is placed or confined. If the conservatee is released as a result of the hearing, he or she shall be returned to the county where the conservatorship originated.
(Added by Stats. 1986, Ch. 226, Sec. 1.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 1 - THE LANTERMAN-PETRIS-SHORT ACT › CHAPTER 3 - Conservatorship for Gravely Disabled Persons › Section 5359.

5359. A conservator appointed under this chapter shall find alternative placement for his conservatee within seven days after he is notified by the person in charge of the facility serving the conservatee that the conservatee no longer needs the care or treatment offered by that facility.
If unusual conditions or circumstances preclude alternative placement of the conservatee within seven days, the conservator shall find such placement within 30 days.
If alternative placement cannot be found at the end of the 30-day period the conservator shall confer with the professional person in charge of the facility and they shall then determine the earliest practicable date when such alternative placement may be obtained.
(Amended by Stats. 1980, Ch. 676, Sec. 336.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 1 - THE LANTERMAN-PETRIS-SHORT ACT › CHAPTER 3 - Conservatorship for Gravely Disabled Persons › Section 5360.

5360. The officer providing conservatorship investigation shall recommend, in his report to the court, for or against imposition of a disability set forth in Section 5357 on the basis of the determination of the professional person who recommended conservatorship pursuant to Section 5352.
The officer providing conservatorship investigation shall recommend in his report any of the additional powers of a conservator set forth in Section 2591 of the Probate Code if the needs of the individual patient or his estate require such powers. In making such determination, the officer providing conservatorship investigation shall consult with the professional person who recommended conservatorship pursuant to Section 5352.
(Amended by Stats. 1979, Ch. 730.)
2023 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 5362.

5362. (a) The clerk of the superior court shall notify each conservator, his or her conservatee and the person in charge of the facility in which the person resides, and the conservatee’s attorney, at least 60 days before the termination of the one-year period. If the conservator is a private party, the clerk of the superior court shall also notify the mental health director and the county officer providing conservatorship investigation pursuant to Section 5355, at least 60 days before the termination of the one-year period. Notification shall be delivered pursuant to Section 1215 of the Probate Code. The notification shall be in substantially the following form:
In the Superior Court of the State of California
for the County of ______
The people of the State of California
No. ____
Concerning
Notice of Termination
of Conservatorship
The people of the State of California to
:
(conservatee, conservatee’s attorney, conservator, and professional person in charge of the facility in which the conservatee resides, county mental health director, and county officer providing conservatorship investigation.)
The one-year conservatorship established for ____ pursuant to
Welfare and Institutions Code Section ____ on ____ will
terminate on ____. If the conservator, ____, wishes to
reestablish conservatorship for another year he or she must petition
the court by ____. Subject to a request for a court hearing by jury
trial the judge may, on his or her own motion, accept or reject the
conservator’s petition.
If the conservator petitions to reestablish conservatorship the
conservatee, the professional person in charge of the facility in which
he or she resides, the conservatee’s attorney, and, if the conservator
is a private party, the county mental health director and the county
officer providing conservatorship investigation shall be notified. If
any of them request it, there shall be a court hearing or a jury trial,
whichever is requested, on the issue of whether the conservatee is
still gravely disabled and in need of conservatorship. If the private
conservator does not petition for reappointment, the county officer
providing conservatorship investigation may recommend another
conservator. Such a petition shall be considered a petition for
reappointment as conservator.
_____
Clerk of the Superior Court
by _____ Deputy _____
(b) Subject to a request for a court hearing or jury trial, the judge may, on his or her own motion, accept or reject the conservator’s petition.
If the conservator does not petition to reestablish conservatorship at or before the termination of the one-year period, the court shall issue a decree terminating conservatorship. The decree shall be delivered to the conservator and his or her conservatee pursuant to Section 1215 of the Probate Code and shall be accompanied by a statement of California law as set forth in Section 5368.
(Amended by Stats. 2017, Ch. 319, Sec. 148. (AB 976) Effective January 1, 2018.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 1 - THE LANTERMAN-PETRIS-SHORT ACT › CHAPTER 3 - Conservatorship for Gravely Disabled Persons › Section 5363.

5363. In the event the conservator continues in good faith to act within the powers granted him in the original decree of conservatorship beyond the one-year period, he may petition for and shall be granted a decree ratifying his acts as conservator beyond the one-year period. The decree shall provide for a retroactive appointment of the conservator to provide continuity of authority in those cases where the conservator did not apply in time for reappointment.
(Added by Stats. 1967, Ch. 1667.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 1 - THE LANTERMAN-PETRIS-SHORT ACT › CHAPTER 3 - Conservatorship for Gravely Disabled Persons › Section 5364.

5364. (a) At any time, the conservatee may petition the superior court for a rehearing as to their status as a conservatee. However, after the filing of the first petition for rehearing pursuant to this section, no further petition for rehearing shall be submitted for a period of six months. If the conservatorship is terminated pursuant to this section, the court shall provide notice to the Secretary of State pursuant to Section 2211.5 of the Elections Code.
(b) This section shall become operative on January 1, 2024.
(Repealed (in Sec. 15) and added by Stats. 2022, Ch. 807, Sec. 16. (AB 2841) Effective January 1, 2023. Operative January 1, 2024, by its own provisions.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 1 - THE LANTERMAN-PETRIS-SHORT ACT › CHAPTER 3 - Conservatorship for Gravely Disabled Persons › Section 5365.

5365. A hearing shall be held on all petitions under this chapter within 30 days of the date of the petition. The court shall appoint the public defender or other attorney for the conservatee or proposed conservatee within five days after the date of the petition.
(Amended by Stats. 1972, Ch. 574.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 1 - THE LANTERMAN-PETRIS-SHORT ACT › CHAPTER 3 - Conservatorship for Gravely Disabled Persons › Section 5365.1.

5365.1. The conservatee or proposed conservatee may, upon advice of counsel, waive the presence at any hearing under this chapter of the physician or other professional person who recommended conservatorship pursuant to Section 5352 and of the physician providing evaluation or intensive treatment. In the event of such a waiver, such physician and professional persons shall not be required to be present at the hearing if it is stipulated that the recommendation and records of such physician or other professional person concerning the mental condition and treatment of the conservatee or proposed conservatee will be received in evidence.
(Added by Stats. 1971, Ch. 1162.)
2023 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 5366.1.

5366.1. (a) Any person detained as of June 30, 1969, under court commitment, in a private institution, a county psychiatric hospital, facility of the Veterans Administration, or other agency of the United States government, community mental health service, or detained in a state hospital or facility of the Veterans Administration upon application of a local health officer, pursuant to former Section 5567 or Sections 6000 to 6019, inclusive, as they read immediately preceding July 1, 1969, may be detained, after January 1, 1972, for a period no longer than 180 days, except as provided in this section.
(b) Any person detained pursuant to this section on the effective date of this section shall be evaluated by the facility designated by the county and approved by the State Department of Health Care Services pursuant to Section 5150 as a facility for 72-hour treatment and evaluation. The evaluation shall be made at the request of the person in charge of the institution in which the person is detained. If in the opinion of the professional person in charge of the evaluation and treatment facility or his or her designee, the evaluation of the person can be made by the professional person or his or her designee at the institution in which the person is detained, the person shall not be required to be evaluated at the evaluation and treatment facility, but shall be evaluated at the institution where he or she is detained, or other place to determine if the person is a danger to others, himself or herself, or gravely disabled as a result of mental disorder.
(c) Any person evaluated under this section shall be released from the institution in which he or she is detained immediately upon completion of the evaluation if in the opinion of the professional person in charge of the evaluation and treatment facility, or his or her designee, the person evaluated is not a danger to others, or to himself or herself, or gravely disabled as a result of mental disorder, unless the person agrees voluntarily to remain in the institution in which he or she has been detained.
(d) If in the opinion of the professional person in charge of the facility or his or her designee, the person evaluated requires intensive treatment or recommendation for conservatorship, the professional person or his or her designee shall proceed under Article 4 (commencing with Section 5250) of Chapter 2, or under Chapter 3 (commencing with Section 5350), of Part 1 of Division 5.
(e) If it is determined from the evaluation that the person is gravely disabled and a recommendation for conservatorship is made, and if the petition for conservatorship for the person is not filed by June 30, 1972, the court commitment or detention under a local health officer application for the person shall terminate and the patient shall be released unless he or she agrees to accept treatment on a voluntary basis.
(Amended by Stats. 2013, Ch. 23, Sec. 37. (AB 82) Effective June 27, 2013.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 1 - THE LANTERMAN-PETRIS-SHORT ACT › CHAPTER 3 - Conservatorship for Gravely Disabled Persons › Section 5367.

5367. Conservatorship established under this chapter shall supersede any commitment under former provisions of this code relating to inebriates or the mentally ill.
(Amended by Stats. 1968, Ch. 1374.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 1 - THE LANTERMAN-PETRIS-SHORT ACT › CHAPTER 3 - Conservatorship for Gravely Disabled Persons › Section 5368.

5368. A person who is no longer a conservatee shall not be presumed to be incompetent by virtue of his having been a conservatee under the provisions of this part.
(Added by Stats. 1967, Ch. 1667.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 1 - THE LANTERMAN-PETRIS-SHORT ACT › CHAPTER 3 - Conservatorship for Gravely Disabled Persons › Section 5369.

5369. When a conservatee who has criminal charges pending against him and has been found mentally incompetent under Section 1370 of the Penal Code recovers his mental competence, the conservator shall certify that fact to the court, sheriff, and district attorney of the county in which the criminal charges are pending and to the defendant’s attorney of record.
The court shall order the sheriff to immediately return the defendant to the court in which the criminal charges are pending. Within two judicial days of the defendant’s return, the court shall hold a hearing to determine whether the defendant is entitled to be admitted to bail or released upon his own recognizance pending conclusion of criminal proceedings.
(Added by Stats. 1974, Ch. 1511.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 1 - THE LANTERMAN-PETRIS-SHORT ACT › CHAPTER 3 - Conservatorship for Gravely Disabled Persons › Section 5370.

5370. Notwithstanding any other provision of law, a conservatorship proceeding may be initiated pursuant to this chapter for any person who has been charged with an offense, regardless of whether action is pending or has been initiated pursuant to Section 1370 of the Penal Code.
(Added by Stats. 1974, Ch. 1511.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 1 - THE LANTERMAN-PETRIS-SHORT ACT › CHAPTER 3 - Conservatorship for Gravely Disabled Persons › Section 5370.1.

5370.1. The court in which a petition to establish a conservatorship is filed may appoint the county counsel or a private attorney to represent a private conservator in all proceedings connected with the conservatorship, if it appears that the conservator has insufficient funds to obtain the services of a private attorney. Such appointments of the county counsel, however, may be made only if the board of supervisors have, by ordinance or resolution, authorized the county counsel to accept them.
(Amended by Stats. 1980, Ch. 415, Sec. 1.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 1 - THE LANTERMAN-PETRIS-SHORT ACT › CHAPTER 3 - Conservatorship for Gravely Disabled Persons › Section 5371.

5371. No person upon whom a duty is placed to evaluate, or who, in fact, does evaluate a conservatee for any purpose under this chapter shall have a financial or other beneficial interest in the facility where the conservatee is to be, or has been placed.
Conservatorship investigation and administration shall be conducted independently from any person or agency which provides mental health treatment for conservatees, if it has been demonstrated that the existing arrangement creates a conflict of interest between the treatment needs of the conservatee and the investigation or administration of the conservatorship. The person or agency responsible for the mental health treatment of conservatees shall execute a written agreement or protocol with the conservatorship investigator and administrator for the provision of services to conservatees. The agreement or protocol shall specify the responsibilities of each person or agency who is a party to the agreement or protocol, and shall specify a procedure to resolve disputes or conflicts of interest between agencies or persons.
(Amended by Stats. 1986, Ch. 335, Sec. 2.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 1 - THE LANTERMAN-PETRIS-SHORT ACT › CHAPTER 3 - Conservatorship for Gravely Disabled Persons › Section 5372.

5372. (a) The provisions of Section 1051 of the Probate Code shall apply to conservatorships established pursuant to this chapter.
(b) The Judicial Council shall, on or before January 1, 2008, adopt a rule of court to implement this section.
(c) Subdivision (a) of this section shall become operative on January 1, 2008.
(Added by Stats. 2006, Ch. 492, Sec. 5. Effective January 1, 2007.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 1 - THE LANTERMAN-PETRIS-SHORT ACT › CHAPTER 4 - Administration › Section 5400.

5400. (a) The Director of Health Care Services shall administer this part and shall adopt rules, regulations, and standards as necessary. In developing rules, regulations, and standards, the Director of Health Care Services shall consult with the County Behavioral Health Directors Association of California, the California Behavioral Health Planning Council, and the office of the Attorney General. Adoption of these standards, rules, and regulations shall require approval by the County Behavioral Health Directors Association of California by majority vote of those present at an official session.
(b) Wherever feasible and appropriate, rules, regulations, and standards adopted under this part shall correspond to comparable rules, regulations, and standards adopted under the Bronzan-McCorquodale Act. These corresponding rules, regulations, and standards shall include qualifications for professional personnel.
(c) Regulations adopted pursuant to this part may provide standards for services for persons with chronic alcoholism that differ from the standards for services for persons with mental health disorders.
(Amended by Stats. 2017, Ch. 511, Sec. 3. (AB 1688) Effective January 1, 2018.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 1 - THE LANTERMAN-PETRIS-SHORT ACT › CHAPTER 4 - Administration › Section 5402.2.

5402.2. The Director of State Hospitals shall develop a master plan for the utilization of state hospital facilities identifying levels of care. The level of care shall be either general acute care, skilled nursing care, subacute, intermediate care, or residential care.
(Amended by Stats. 2012, Ch. 24, Sec. 133. (AB 1470) Effective June 27, 2012.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 1 - THE LANTERMAN-PETRIS-SHORT ACT › CHAPTER 4 - Administration › Section 5403.

5403. (a) From July 1, 1991 to June 30, 1993, inclusive, regulations promulgated by the department shall not be subject to the approval of the California Conference of Local Mental Health Directors. The impact of this subdivision on regulatory timing shall be included in the department’s report to the Legislature on September 30, 1992.
(b) The department shall continue to involve the conference in the development of all regulations which affect local mental health programs prior to the promulgation of those regulations pursuant to the Administrative Procedure Act.
(Amended by Stats. 1991, Ch. 611, Sec. 34. Effective October 7, 1991.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 1 - THE LANTERMAN-PETRIS-SHORT ACT › CHAPTER 4 - Administration › Section 5404.

5404. (a) Each county may designate facilities, which are not hospitals or clinics, as 72-hour evaluation and treatment facilities and as 14-day intensive treatment facilities if the facilities meet those requirements as the Director of Health Care Services may establish by regulation. The Director of Health Care Services shall encourage the use by counties of appropriate facilities, which are not hospitals or clinics, for the evaluation and treatment of patients pursuant to this part.
(b) All regulations relating to the approval of facilities designated by the county for 72-hour treatment and evaluation and 14-day intensive treatment facilities, heretofore adopted by the State Department of Mental Health, or a successor, shall remain in effect and shall be fully enforceable by the State Department of Health Care Services with respect to any facility or program required to be approved as a facility for 72-hour treatment and evaluation and 14-day intensive treatment facilities, unless and until readopted, amended, or repealed by the Director of Health Care Services. The State Department of Health Care Services shall succeed to and be vested with all duties, powers, purposes, functions, responsibilities, and jurisdiction of the State Department of Mental Health, or a successor, as they relate to approval of facilities for 72-hour treatment and evaluation and 14-day intensive treatment facilities.
(Amended by Stats. 2013, Ch. 23, Sec. 38. (AB 82) Effective June 27, 2013.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 1 - THE LANTERMAN-PETRIS-SHORT ACT › CHAPTER 6.2 - Mental Health Advocacy › ARTICLE 1 - General Provisions › Section 5500.

5500. As used in this chapter:
(a) “Advocacy” means those activities undertaken on behalf of persons who are receiving or have received mental health services to protect their rights or to secure or upgrade treatment or other services to which they are entitled.
(b) “Mental health client” or “client” means a person who is receiving or has received services from a mental health facility, service, or program and who has personally or through a guardian ad litem, entered into an agreement with a county patients’ rights advocate for the provision of advocacy services.
(c) “Mental health facilities, services, or programs” means a publicly operated or supported mental health facility or program; a private facility or program licensed or operated for health purposes providing services to persons with mental health disorders; and publicly supported agencies providing other than mental health services to clients with mental health disorders.
(d) “Independent of providers of service” means that the advocate has no direct or indirect clinical or administrative responsibility for any recipient of mental health services in any mental health facility, program, or service for which he or she performs advocacy activities.
(e) “County patients’ rights advocate” means an advocate appointed, or whose services are contracted for, by a local mental health director.
(Amended by Stats. 2014, Ch. 144, Sec. 97. (AB 1847) Effective January 1, 2015.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 1 - THE LANTERMAN-PETRIS-SHORT ACT › CHAPTER 6.2 - Mental Health Advocacy › ARTICLE 2 - Patients Rights Program › Section 5511.

5511. The Director of State Hospitals or the executive director of each state hospital may contract with independent persons or agencies to perform patients’ rights advocacy services in state hospitals.
(Amended by Stats. 2014, Ch. 144, Sec. 98. (AB 1847) Effective January 1, 2015.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 1 - THE LANTERMAN-PETRIS-SHORT ACT › CHAPTER 6.2 - Mental Health Advocacy › ARTICLE 2 - Patients Rights Program › Section 5512.

5512. Training of county patients’ rights advocates shall be provided by the contractor specified in Section 5510 responsible for the provision of protection and advocacy services to persons with mental disabilities. Training shall be directed at ensuring that all county patients’ rights advocates possess:
(a) Knowledge of the service system, financial entitlements, and service rights of persons receiving mental health services. This knowledge shall include, but need not be limited to, knowledge of available treatment and service resources in order to ensure timely access to treatment and services.
(b) Knowledge of patients’ rights in institutional and community facilities.
(c) Knowledge of civil commitment statutes and procedures.
(d) Knowledge of state and federal laws and regulations affecting recipients of mental health services.
(e) Ability to work effectively and respectfully with service recipients and providers, public administrators, community groups, and the judicial system.
(f) Skill in interviewing and counseling service recipients, including giving information and appropriate referrals.
(g) Ability to investigate and assess complaints and screen for legal problems.
(h) Knowledge of administrative and judicial due process proceedings in order to provide representation at administrative hearings and to assist in judicial hearings when necessary to carry out the intent of Section 5522 regarding cooperation between advocates and legal representatives.
(i) Knowledge of, and commitment to, advocacy ethics and principles.
(j) This section shall become operative on January 1, 1996.
(Amended (as added by Stats. 1992, Ch. 722, Sec. 29) by Stats. 1995, Ch. 546, Sec. 6. Effective January 1, 1996. Section operative January 1, 1996, by its own provisions.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 1 - THE LANTERMAN-PETRIS-SHORT ACT › CHAPTER 6.2 - Mental Health Advocacy › ARTICLE 2 - Patients Rights Program › Section 5513.

5513. The patients’ rights program shall serve as a liaison between county patients’ rights advocates and the State Department of Health Care Services.
(Amended by Stats. 2012, Ch. 34, Sec. 107. (SB 1009) Effective June 27, 2012.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 1 - THE LANTERMAN-PETRIS-SHORT ACT › CHAPTER 6.2 - Mental Health Advocacy › ARTICLE 2 - Patients Rights Program › Section 5514.

5514. There shall be a five-person Patients’ Rights Committee formed through the California Behavioral Health Planning Council. This committee, supplemented by two ad hoc members appointed by the chairperson of the committee, shall advise the Director of Health Care Services and the Director of State Hospitals regarding department policies and practices that affect patients’ rights. The committee shall also review the advocacy and patients’ rights components of each county mental health plan or performance contract and advise the Director of Health Care Services and the Director of State Hospitals concerning the adequacy of each plan or performance contract in protecting patients’ rights. The ad hoc members of the committee shall be persons with substantial experience in establishing and providing independent advocacy services to recipients of mental health services.
(Amended by Stats. 2017, Ch. 511, Sec. 4. (AB 1688) Effective January 1, 2018.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 1 - THE LANTERMAN-PETRIS-SHORT ACT › CHAPTER 6.2 - Mental Health Advocacy › ARTICLE 3 - County Advocates › Section 5520.

5520. Each local mental health director shall appoint, or contract for the services of, one or more county patients’ rights advocates. The duties of these advocates shall include, but not be limited to, the following:
(a) To receive and investigate complaints from or concerning recipients of mental health services residing in licensed health or community care facilities regarding abuse, unreasonable denial or punitive withholding of rights guaranteed under the provisions of Division 5 (commencing with Section 5000).
(b) To monitor mental health facilities, services and programs for compliance with statutory and regulatory patients’ rights provisions.
(c) To provide training and education about mental health law and patients’ rights to mental health providers.
(d) To ensure that recipients of mental health services in all licensed health and community care facilities are notified of their rights.
(e) To exchange information and cooperate with the patients’ rights program.
This section does not constitute a change in, but is declarative of the existing law.
(Amended by Stats. 2012, Ch. 34, Sec. 109. (SB 1009) Effective June 27, 2012.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 1 - THE LANTERMAN-PETRIS-SHORT ACT › CHAPTER 6.2 - Mental Health Advocacy › ARTICLE 3 - County Advocates › Section 5521.

5521. It is the intent of the Legislature that legal representation regarding changes in client legal status or conditions and other areas covered by statute providing for local public defender or court-appointed attorney representation, shall remain the responsibility of local agencies, in particular the county public defender. County patients’ rights advocates shall not duplicate, replace, or conflict with these existing or mandated local legal representations. This section shall not be construed to prevent maximum cooperation between legal representatives and providers of advocacy services.
(Added by Stats. 1981, Ch. 841, Sec. 7.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 1 - THE LANTERMAN-PETRIS-SHORT ACT › CHAPTER 6.2 - Mental Health Advocacy › ARTICLE 3 - County Advocates › Section 5522.

5522. County patients’ rights advocates may conduct investigations if there is probable cause to believe that the rights of a past or present recipient of mental health services have been, may have been, or may be violated.
(Added by Stats. 1981, Ch. 841, Sec. 7.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 1 - THE LANTERMAN-PETRIS-SHORT ACT › CHAPTER 6.2 - Mental Health Advocacy › ARTICLE 3 - County Advocates › Section 5523.

5523. (a) Notwithstanding any other provision of law, and without regard to the existence of a guardianship or conservatorship, a recipient of mental health services is presumed competent for the purpose of entering into an agreement with county patients’ rights advocates for the provision of advocacy services unless found by the superior court to be incompetent to enter into an agreement with an advocate and a guardian ad litem is appointed for such purposes.
(b) In conducting investigations in cases in which an advocate has not received a request for advocacy services from a recipient of mental health services or from another person on behalf of a recipient of mental health services, the advocate shall notify the treating professional responsible for the care of any recipient of services whom the advocate wishes to interview, and the facility, service, or program administrator, of his or her intention to conduct such an interview. Whenever the treating professional is reasonably available for consultation, the advocate shall consult with the professional concerning the appropriate time to conduct the interview.
(c) Any agreement with any county patients’ rights advocate entered into by a mental health client shall be made knowingly and voluntarily or by a guardian ad litem. It shall be in a language or modality which the client understands. Any such agreement may, at any time, be revoked by the client or by the guardian ad litem, whoever has entered into the agreement, either in writing or by oral declaration to the advocate.
(d) Nothing in this chapter shall be construed to prohibit a recipient of mental health services from being represented by public or private legal counsel of his or her choice.
(e) The remedies provided by this chapter shall be in addition to any other remedies which may be available to any person, and the failure to pursue or exhaust the remedies or engage in the procedures provided by this chapter shall not preclude the invocation of any other remedy.
(f) Investigations concerning violations of a past recipients’ rights shall be limited to cases involving discrimination, cases indicating the need for education or training, or cases having a direct bearing on violations of the right of a current recipient. This subdivision is not intended to constrain the routine monitoring for compliance with patients’ rights provisions described in subdivision (b) of Section 5520.
(Amended by Stats. 1984, Ch. 193, Sec. 151.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 1 - THE LANTERMAN-PETRIS-SHORT ACT › CHAPTER 6.2 - Mental Health Advocacy › ARTICLE 3 - County Advocates › Section 5524.

5524. (a) Subject to subdivision (b), a county shall verify that county patients’ rights advocates review the patients’ rights advocacy training materials provided online as described in paragraph (5) of subdivision (a) of Section 5370.2 within 90 days of employment. The county shall keep a record of this verification and send a copy electronically to the Patients’ Rights Committee of the California Behavioral Health Planning Council established pursuant to Section 5514.
(b) A county patients’ rights advocate who has been employed for at least one year on or after January 1, 2019, shall not be required to review the materials described in paragraph (5) of subdivision (a) of Section 5370.2.
(c) The requirements of this section do not replace the ongoing training required to be provided by the contractor to county patients’ rights advocates as described in Section 5512.
(Added by Stats. 2018, Ch. 237, Sec. 3. (AB 2316) Effective January 1, 2019.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 1 - THE LANTERMAN-PETRIS-SHORT ACT › CHAPTER 6.2 - Mental Health Advocacy › ARTICLE 4 - Access to Clients › Section 5530.

5530. (a) County patients’ rights advocates shall have access to all clients and other recipients of mental health services in any mental health facility, program, or service at all times as are necessary to investigate or resolve specific complaints and in accord with subdivision (b) of Section 5523. County patients’ rights advocates shall have access to mental health facilities, programs, and services, and recipients of services therein during normal working hours and visiting hours for other advocacy purposes. Advocates may appeal any denial of access directly to the head of any facility, the director of a county mental health program, or the State Department of Health Care Services, or may seek appropriate relief in the courts. If a petition to a court sets forth prima facie evidence for relief, a hearing on the merits of the petition shall be held within two judicial days of the filing of the petition. The superior court for the county in which the facility is located shall have jurisdiction to review petitions filed pursuant to this chapter.
(b) County patients’ rights advocates shall have the right to interview all persons providing the client with diagnostic or treatment services.
(c) Upon request, all mental health facilities shall, when available, provide reasonable space for county patients’ rights advocates to interview clients in privacy and shall make appropriate staff persons available for interview with the advocates in connection with pending matters.
(d) Individual patients shall have a right to privacy which shall include the right to terminate any visit by persons who have access pursuant to this chapter and the right to refuse to see any patient advocate.
(e) Notice of the availability of advocacy services and information about patients’ rights may be provided by county patients’ rights advocates by means of distribution of educational materials and discussions in groups and with individual patients.
(Amended by Stats. 2012, Ch. 34, Sec. 110. (SB 1009) Effective June 27, 2012.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 1 - THE LANTERMAN-PETRIS-SHORT ACT › CHAPTER 6.2 - Mental Health Advocacy › ARTICLE 5 - Access to Records › Section 5540.

5540. Except as otherwise provided in this chapter or in other provisions of law, information about and records of recipients of mental health services shall be confidential in accordance with the provisions of Section 5328.
(Added by Stats. 1981, Ch. 841, Sec. 7.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 1 - THE LANTERMAN-PETRIS-SHORT ACT › CHAPTER 6.2 - Mental Health Advocacy › ARTICLE 5 - Access to Records › Section 5541.

5541. (a) A specific authorization by the client or by the guardian ad litem is necessary for a county patients’ rights advocate to have access to, copy or otherwise use confidential records or information pertaining to the client. Such an authorization shall be given knowingly and voluntarily by a client or guardian ad litem and shall be in writing or be reduced to writing. The client or the guardian ad litem, whoever has entered into the agreement, may revoke such authorization at any time, either in writing or by oral declaration to the advocate.
(b) When specifically authorized by the client or the guardian ad litem, the county patients’ rights advocate may inspect and copy confidential client information and records.
(Added by Stats. 1981, Ch. 841, Sec. 7.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 1 - THE LANTERMAN-PETRIS-SHORT ACT › CHAPTER 6.2 - Mental Health Advocacy › ARTICLE 5 - Access to Records › Section 5542.

5542. County patients’ rights advocates shall have the right to inspect or copy, or both, any records or other materials not subject to confidentiality under Section 5328 or other provisions of law in the possession of any mental health program, services, or facilities, or city, county or state agencies relating to an investigation on behalf of a client or which indicate compliance or lack of compliance with laws and regulations governing patients’ rights, including, but not limited to, reports on the use of restraints or seclusion, and autopsy reports.
(Added by Stats. 1981, Ch. 841, Sec. 7.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 1 - THE LANTERMAN-PETRIS-SHORT ACT › CHAPTER 6.2 - Mental Health Advocacy › ARTICLE 5 - Access to Records › Section 5543.

5543. (a) Notwithstanding any other provision of law, with the authorization of the client, a county patients’ rights advocate may, to the extent necessary for effective advocacy, communicate to the client information contained in client records. The facility program, or agency, shall be allowed to remove from the records any information provided in confidence by members of a client’s family.
(Added by Stats. 1981, Ch. 841, Sec. 7.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 1 - THE LANTERMAN-PETRIS-SHORT ACT › CHAPTER 6.2 - Mental Health Advocacy › ARTICLE 5 - Access to Records › Section 5544.

5544. Any written client information obtained by county patients’ rights advocates may be used and disseminated in court or administrative proceedings, and to any public agencies, or authorized officials thereof, to the extent required in the providing of advocacy services defined in this chapter, and to the extent that authority to so disclose is obtained from the advocate’s clients.
(Added by Stats. 1981, Ch. 841, Sec. 7.)