reglab/statecodes huggingface dataset:
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 8 - The Community Assistance, Recovery, and Empowerment Act › CHAPTER 2 - Process › Section 5975.

5975. The Judicial Council shall develop a mandatory form for use to file a CARE process petition with the court and any other forms necessary for the CARE process. The petition shall be signed under the penalty of perjury and contain all of the following:
(a) The name of the respondent and, if known, the respondent’s address.
(b) The petitioner’s relationship to the respondent.
(c) Facts that support the petitioner’s assertion that the respondent meets the CARE criteria in Section 5972.
(d) Either of the following:
(1) An affidavit of a licensed behavioral health professional, stating that the licensed behavioral health professional or their designee has examined the respondent within 60 days of the submission of the petition, or has made multiple attempts to examine, but has not been successful in eliciting the cooperation of the respondent to submit to an examination, within 60 days of the petition, and that the licensed behavioral health professional had determined that the respondent meets, or has reason to believe, explained with specificity in the affidavit, that the respondent meets the diagnostic criteria for CARE proceedings.
(2) Evidence that the respondent was detained for a minimum of two intensive treatments pursuant to Article 4 (commencing with Section 5250) of Chapter 2 of Part 1, the most recent one within the previous 60 days.
(Added by Stats. 2022, Ch. 319, Sec. 7. (SB 1338) Effective January 1, 2023. Section conditionally operative as provided in Section 5970.5.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 8 - The Community Assistance, Recovery, and Empowerment Act › CHAPTER 2 - Process › Section 5975.1.

5975.1. (a) Notwithstanding Section 391 of the Code of Civil Procedure, if a person other than the respondent files a petition for CARE Act proceedings that is without merit or is intended to harass or annoy the respondent, and the person has previously filed a pleading in CARE Act proceedings that was without merit or was intended to harass or annoy the respondent, the petition shall be grounds for the court to determine that the person is a vexatious litigant for the purposes of Title 3A (commencing with Section 391) of Part 2 of the Code of Civil Procedure.
(b) (1) If a person other than the respondent files a petition for CARE Act proceedings in order to gain an advantage over the respondent in another legal proceeding, then, notwithstanding any other provision of this part, it is cause for suspension, disbarment, or other discipline if a member of the State Bar is found to have filed the petition or assisted in the filing of the petition with knowledge that the filing was being made in order to gain that advantage.
(2) For purposes of this subdivision, “legal proceeding” shall not include:
(A) A proceeding under Part 1 (commencing with Section 5000) of Division 5.
(B) A proceeding under Section 300.
(Amended by Stats. 2023, Ch. 283, Sec. 8. (SB 35) Effective September 30, 2023. Section conditionally operative as provided in Section 5970.5.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 8 - The Community Assistance, Recovery, and Empowerment Act › CHAPTER 2 - Process › Section 5975.2.

5975.2. CARE Act proceedings may be conducted by a superior court judge or by a court-appointed commissioner or other subordinate judicial officer.
(Added by Stats. 2023, Ch. 283, Sec. 9. (SB 35) Effective September 30, 2023. Section conditionally operative as provided in Section 5970.5.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 8 - The Community Assistance, Recovery, and Empowerment Act › CHAPTER 2 - Process › Section 5975.3.

5975.3. There shall be no fee for filing under this chapter nor shall any fees be charged by any public officer for services in filing or serving papers or for the performance of any duty enjoined by the CARE Act.
(Added by Stats. 2023, Ch. 283, Sec. 10. (SB 35) Effective September 30, 2023. Section conditionally operative as provided in Section 5970.5.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 8 - The Community Assistance, Recovery, and Empowerment Act › CHAPTER 2 - Process › Section 5976.

5976. The respondent shall:
(a) Receive notice of the hearings.
(b) Receive a copy of the court-ordered evaluation.
(c) Be entitled to be represented by counsel at all stages of a proceeding commenced under this chapter, regardless of the ability to pay.
(d) Be allowed to have a supporter be present with them to perform the functions described in Sections 5980 and 5981, subject to the limits provided in those sections.
(e) Have the right to be present at the hearing unless the respondent waives that right.
(f) Have the right to present evidence.
(g) Have the right to call witnesses.
(h) Have the right to cross-examine witnesses.
(i) Have the right to appeal decisions, and to be informed of the right to appeal.
(j) Have the right to an interpreter in all proceedings if necessary for the respondent to fully participate.
(Amended by Stats. 2023, Ch. 283, Sec. 11. (SB 35) Effective September 30, 2023. Section conditionally operative as provided in Section 5970.5.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 8 - The Community Assistance, Recovery, and Empowerment Act › CHAPTER 2 - Process › Section 5976.5.

5976.5. (a) Notwithstanding any other law, and except as otherwise provided in this section, a hearing held under this part is presumptively closed to the public.
(b) The respondent may demand that the hearing be public and be held in a place suitable for attendance by the public.
(c) The respondent may request the presence of any family member or friend without waiving the right to keep the hearing closed to the rest of the public.
(d) A request by any other party to the proceeding to make the hearing public may be granted if the judicial officer conducting the hearing finds that the public interest in an open hearing clearly outweighs the respondent’s interest in privacy.
(e) All reports, evaluations, diagnoses, or other information filed with the court related to the respondent’s health shall be confidential. The respondent may at any time petition the court for an order sealing these records or any other court records in a proceeding held under this part. Notwithstanding any rule of court prohibiting records kept confidential by law from consideration for sealing, if such a petition is filed, there shall exist a presumption in favor of sealing.
(f) The fact that evidence is admitted at a proceeding held under this part shall not be the basis for admission of that evidence in any subsequent legal proceeding.
(g) Photographs, recordings, transcripts, other records of proceedings held under this part, and testimony regarding proceedings held under this part shall not be admissible in any subsequent legal proceeding except upon motion by one of the following in that subsequent legal proceeding:
(1) The respondent.
(2) The county behavioral health agency, the public guardian, or the public conservator.
(h) In a proceeding held under this part, this section shall not affect the applicability of paragraph (2) of subdivision (c) of Section 5977.1, make admissible any evidence that is not otherwise admissible, or permit a witness to base an opinion on any matter that is not a proper basis for that opinion. The admission or exclusion of evidence shall be pursuant to the rules of evidence established by the Evidence Code, including, but not limited to, Section 352 of the Evidence Code, and by judicial decision.
(i) Before commencing a hearing, the judicial officer shall inform the respondent of their rights under this section.
(Amended by Stats. 2023, Ch. 283, Sec. 12. (SB 35) Effective September 30, 2023. Section conditionally operative as provided in Section 5970.5.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 8 - The Community Assistance, Recovery, and Empowerment Act › CHAPTER 2 - Process › Section 5977.2.

5977.2. (a) (1) At intervals set by the court and not less frequently than every 60 days after the court orders the CARE plan, the court shall hold a status review hearing. The county behavioral health agency shall file with the court and serve on the respondent, and the respondent’s counsel and supporter, a report no fewer than five court days prior to the review hearing with the following information:
(A) The progress that the respondent has made on the CARE plan.
(B) What services and supports in the CARE plan were provided, and what services and supports were not provided.
(C) Any issues the respondent expressed or exhibited in adhering to the CARE plan.
(D) Recommendations for changes to the services and supports to make the CARE plan more successful.
(2) The respondent shall be permitted to respond to the report submitted by the county behavioral health agency and to the county behavioral health agency’s testimony. The respondent shall be permitted to introduce their own information and recommendations.
(3) Subject to applicable law, intermittent lapses or setbacks described in this section of the report shall not impact access to services, treatment, or housing.
(b) The county behavioral health agency or the respondent may request, or the court upon its own motion may set, a hearing to occur at any time during the CARE process to address a change of circumstances.
(Amended by Stats. 2023, Ch. 283, Sec. 15. (SB 35) Effective September 30, 2023. Section conditionally operative as provided in Section 5970.5.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 8 - The Community Assistance, Recovery, and Empowerment Act › CHAPTER 2 - Process › Section 5978.

5978. (a) A court may refer an individual from assisted outpatient treatment, as well as from conservatorship proceedings pursuant Chapter 3 (commencing with Section 5350) of Part 1 of Division 5 (LPS conservatorship) to CARE Act proceedings. If the individual is referred from assisted outpatient treatment, the county behavioral health director or their designee shall be the petitioner. If the individual is referred from LPS conservatorship proceedings, the conservator or proposed conservator shall be the petitioner pursuant to Section 5974.
(b) A court may refer an individual from misdemeanor proceedings pursuant to Section 1370.01 of the Penal Code to CARE Act proceedings. The county behavioral health director or their designee shall be the petitioner.
(Amended by Stats. 2023, Ch. 283, Sec. 18. (SB 35) Effective September 30, 2023. Section conditionally operative as provided in Section 5970.5.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 8 - The Community Assistance, Recovery, and Empowerment Act › CHAPTER 4 - Supporter and Counsel › Section 5980.

5980. (a) Subject to appropriation, the department, in consultation with disability rights groups, county behavioral health and aging agencies, individuals with lived expertise, families, racial justice experts, and other appropriate stakeholders, shall provide optional training and technical resources for volunteer supporters on the CARE process, community services and supports, supported decisionmaking, people with behavioral health conditions, trauma-informed care, family psychoeducation, and psychiatric advance directives. The department may consult with other state and national public and nonprofit agencies and organizations and the Judicial Council to align supported decisionmaking training with best practices for persons with mental illnesses, intellectual and developmental disabilities, other disabilities, and older adults. The department may enter into a technical assistance and training agreement for this purpose, pursuant to Section 5984.
(b) The supporter shall do all of the following:
(1) Offer the respondent a flexible and culturally responsive way to maintain autonomy and decisionmaking authority over their own life by developing and maintaining voluntary supports to assist them in understanding, making, communicating, and implementing their own informed choices.
(2) Strengthen the respondent’s capacity to engage in and exercise autonomous decisionmaking and prevent or remove the need to use more restrictive protective mechanisms, such as conservatorship.
(3) Assist the respondent with understanding, making, and communicating decisions and expressing preferences throughout the CARE process.
(Added by Stats. 2022, Ch. 319, Sec. 7. (SB 1338) Effective January 1, 2023. Section conditionally operative as provided in Section 5970.5.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 8 - The Community Assistance, Recovery, and Empowerment Act › CHAPTER 4 - Supporter and Counsel › Section 5981.

5981. (a) Notwithstanding any other provision of this part, the respondent may have a supporter present in any meeting, judicial proceeding, status hearing, or communication related to any of the following:
(1) An evaluation.
(2) Development of a CARE agreement or CARE plan.
(3) Establishing a psychiatric advance directive.
(4) Development of a graduation plan.
(b) A supporter is intended to do all the following:
(1) Support the will and preferences of the respondent to the best of their ability and to the extent reasonably possible.
(2) Respect the values, beliefs, and preferences of the respondent.
(3) Act honestly, diligently, and in good faith.
(4) Avoid, to the greatest extent possible, and disclose to the court, the respondent, and the respondent’s counsel, minimize, and manage, conflicts of interest. A court may remove a supporter because of any conflict of interest with the respondent, and shall remove the supporter if the conflict cannot be managed in such a way to avoid any possible harm to the respondent.
(c) Unless explicitly authorized by the respondent with capacity to make that authorization, a supporter shall not do either of the following:
(1) Make decisions for, or on behalf of, the respondent, except when necessary to prevent imminent bodily harm or injury.
(2) Sign documents on behalf of the respondent.
(d) In addition to the obligations in this section, a supporter shall be bound by all existing obligations and prohibitions otherwise applicable by law that protect people with disabilities and the elderly from fraud, abuse, neglect, coercion, or mistreatment. This section does not limit a supporter’s civil or criminal liability for prohibited conduct against the respondent, including liability for fraud, abuse, neglect, coercion, or mistreatment, including liability under the Elder Abuse and Dependent Adult Civil Protection Act (Chapter 11 (commencing with Section 15600) of Part 3 of Division 9), including, but not limited to, Sections 15656 and 15657.
(e) The supporter shall not be subpoenaed or called to testify against the respondent in any proceeding relating to this part, and the supporter’s presence at any meeting, proceeding, or communication shall not waive confidentiality or any privilege.
(Added by Stats. 2022, Ch. 319, Sec. 7. (SB 1338) Effective January 1, 2023. Section conditionally operative as provided in Section 5970.5.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 8 - The Community Assistance, Recovery, and Empowerment Act › CHAPTER 4 - Supporter and Counsel › Section 5981.5.

5981.5. (a) The Legal Services Trust Fund Commission at the State Bar shall provide funding to qualified legal services projects, as defined in Sections 6213 to 6214.5, inclusive, of the Business and Professions Code, to be used to provide legal counsel appointed pursuant to subdivision (c) of Section 5976, for representation in CARE Act proceedings, matters related to CARE agreements and CARE plans, and to qualified support centers, as defined in subdivision (b) of Section 6213 of, and Section 6215 of, the Business and Professions Code, for training, support, and coordination.
(b) For purposes of implementing this part, the Legal Services Trust Fund Commission may enter into exclusive or nonexclusive contracts, or amend existing contracts, on a bid or negotiated basis, or award grants, provided that they make a finding that both of the following are satisfied:
(1) The Legal Services Trust Fund Commission shall retain control over the distribution of funds to the contractor or grantee.
(2) The contract or grant includes provisions to ensure transparency, accountability, and oversight in delivering the services, including measurement of outcomes established pursuant to Sections 5984, 5985, and 5986.
(Amended by Stats. 2023, Ch. 283, Sec. 19. (SB 35) Effective September 30, 2023. Section conditionally operative as provided in Section 5970.5.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 8 - The Community Assistance, Recovery, and Empowerment Act › CHAPTER 6 - Technical Assistance and Administration › Section 5983.

5983. (a) The California Health and Human Services Agency, or a designated department within the agency, shall do both of the following:
(1) Engage an independent, research-based entity, as described in Section 5986, to advise on the development of data-driven process and outcome measures to guide the planning, collaboration, reporting, and evaluation of the CARE Act pursuant to this part.
(2) Convene a working group to provide coordination and on-going engagement with, and support collaboration among, relevant state and local partners and other stakeholders throughout the phases of county implementation to support the successful implementation of the CARE Act. The working group shall meet no more than quarterly. The working group shall meet during the implementation and shall end no later than December 31, 2026.
(b) The department shall provide training and technical assistance to county behavioral health agencies to support the implementation of this part, including training regarding the CARE process, CARE agreement and plan services and supports, supported decisionmaking, the supporter role, trauma-informed care, elimination of bias, psychiatric advance directives, family psychoeducation, and data collection.
(c) The Judicial Council, in consultation with the department, other relevant state entities, and the County Behavioral Health Directors Association, shall provide training and technical assistance to judicial officers to support the implementation of this part, including training regarding the CARE process, CARE agreement and plan services and supports, working with the supporter, supported decisionmaking, the supporter role, the family role, trauma-informed care, elimination of bias, best practices, and evidence-based models of care for people with severe behavioral health conditions.
(d) The department, in consultation with other relevant state departments and the California Interagency Council on Homelessness, shall provide training to counsel regarding the CARE process and CARE agreement and plan services and supports.
(Amended by Stats. 2023, Ch. 283, Sec. 21. (SB 35) Effective September 30, 2023. Section conditionally operative as provided in Section 5970.5.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 8 - The Community Assistance, Recovery, and Empowerment Act › CHAPTER 6 - Technical Assistance and Administration › Section 5984.

5984. (a) For purposes of implementing this part, the California Health and Human Services Agency and the department may enter into exclusive or nonexclusive contracts, or amend existing contracts, on a bid or negotiated basis. Contracts entered into or amended pursuant to this part shall be exempt from Chapter 6 (commencing with Section 14825) of Part 5.5 of Division 3 of Title 2 of the Government Code, Section 19130 of the Government Code, Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code, and the State Administrative Manual, and shall be exempt from the review or approval of any division of the Department of General Services.
(b) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the California Health and Human Services Agency and the department may implement, interpret, or make specific this part, in whole or in part, by means of plan letters, information notices, provider bulletins, or other similar instructions, without taking any further regulatory action.
(Added by Stats. 2022, Ch. 319, Sec. 7. (SB 1338) Effective January 1, 2023. Section conditionally operative as provided in Section 5970.5.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 8 - The Community Assistance, Recovery, and Empowerment Act › CHAPTER 6 - Technical Assistance and Administration › Section 5986.

5986. (a) An independent, research-based entity shall be retained by the department to develop, in consultation with county behavioral health agencies, county CARE courts, racial justice experts, and other appropriate stakeholders, including providers and CARE court participants, an independent evaluation of the effectiveness of the CARE Act. The independent evaluation shall employ statistical research methodology and include a logic model, hypotheses, comparative or quasi-experimental analyses, and conclusions regarding the extent to which the CARE Act model is associated, correlated, and causally related with the performance of the outcome measures included in the annual reports. The independent evaluation shall include results from a survey conducted of program participants. The independent evaluation shall highlight racial, ethnic, and other demographic disparities, and include causal inference or descriptive analyses regarding the impact of the CARE Act on disparity reduction efforts.
(b) The department shall provide a preliminary report to the Legislature by December 31, 2026, and a final report to the Legislature by December 31, 2028. The department shall post the preliminary and final reports on its internet website.
(c) Each county behavioral health department, each county CARE court, and any other state or local governmental entity, as determined by the department, shall provide the required data to the department, in a format and frequency as directed by the department.
(d) A report to be submitted pursuant to this section shall be submitted in compliance with Section 9795 of the Government Code.
(Amended by Stats. 2023, Ch. 283, Sec. 22. (SB 35) Effective September 30, 2023. Section conditionally operative as provided in Section 5970.5.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 8 - The Community Assistance, Recovery, and Empowerment Act › CHAPTER 6 - Technical Assistance and Administration › Section 5987.

5987. A county, or an employee or agent of a county, shall not be held civilly or criminally liable for any action by a respondent in the CARE process, except when the act or omission of a county, or the employee or agent of a county, constitutes gross negligence, recklessness, or willful misconduct. This section does not limit any immunity provided under any other law.
(Added by Stats. 2022, Ch. 319, Sec. 7. (SB 1338) Effective January 1, 2023. Section conditionally operative as provided in Section 5970.5.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 6 - ADMISSIONS AND JUDICIAL COMMITMENTS › PART 1 - ADMISSIONS › CHAPTER 1 - Voluntary Admissions to Mental Hospitals and Institutions › Section 6000.5.

6000.5. Pursuant to Section 6000, the medical director of a state hospital for the developmentally disabled may receive in such hospital, as a boarder and patient, any developmentally disabled person as defined in Section 4512 who has been referred in accordance with Sections 4652, 4653, and 4803.
(Amended by Stats. 1979, Ch. 373.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 6 - ADMISSIONS AND JUDICIAL COMMITMENTS › PART 1 - ADMISSIONS › CHAPTER 1 - Voluntary Admissions to Mental Hospitals and Institutions › Section 6001.

6001. Admissions to the Langley Porter Neuropsychiatric Institute or to the Neuropsychiatric Institute, U.C.L.A. Medical Center, may be on a voluntary basis after approval by the medical superintendent of the clinic or institute, as the case may be.
(Repealed and added by Stats. 1967, Ch. 1667.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 6 - ADMISSIONS AND JUDICIAL COMMITMENTS › PART 1 - ADMISSIONS › CHAPTER 1 - Voluntary Admissions to Mental Hospitals and Institutions › Section 6002.

6002. (a) The person in charge of a private institution, hospital, or clinic that is conducted for, or includes a department or unit conducted for, the care and treatment of persons who have mental health disorders may receive therein as a voluntary patient a person with a mental health disorder who is a suitable person for care and treatment in the institution, hospital, or clinic who voluntarily makes a written application to the person in charge for admission into the institution, hospital, or clinic and who is, at the time of making the application, mentally competent to make the application. A conservatee, with a conservator of the person, or person and estate, appointed under Chapter 3 (commencing with Section 5350) of Part 1 of Division 5, with the right as specified by court order under Section 5358 to place his conservatee, may be admitted upon written application by his or her conservator.
(b) After the admission of a voluntary patient to a private institution, hospital, or clinic, the person in charge shall forward to the office of the State Department of State Hospitals a record of the voluntary patient showing all information required by rule by the department.
(c) A voluntary adult patient may leave the hospital, clinic, or institution at any time by giving notice of his or her desire to leave to a member of the hospital staff and completing normal hospitalization departure procedures. A conservatee may leave in a like manner if notice is given by his or her conservator.
(Amended by Stats. 2014, Ch. 144, Sec. 107. (AB 1847) Effective January 1, 2015.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 6 - ADMISSIONS AND JUDICIAL COMMITMENTS › PART 1 - ADMISSIONS › CHAPTER 1 - Voluntary Admissions to Mental Hospitals and Institutions › Section 6002.10.

6002.10. A facility licensed under Chapter 2 (commencing with Section 1250) of Division 2 of the Health and Safety Code, to provide inpatient psychiatric treatment, excluding state hospitals and county hospitals, shall establish admission procedures for minors who meet the following criteria:
(a) The minor is 14 years of age or older, and is under 18 years of age.
(b) The minor is not legally emancipated.
(c) The minor is not detained under Sections 5585.50 and 5585.53.
(d) The minor is not voluntarily committed pursuant to Section 6552.
(e) The minor has not been declared a dependent of the juvenile court pursuant to Section 300 or a ward of the court pursuant to Section 602.
(f) The minor’s admitting diagnosis or condition is either of the following:
(1) A mental health disorder only. Although resistance to treatment may be a product of a mental health disorder, the resistance shall not, in itself, imply the presence of a mental health disorder or constitute evidence that the minor meets the admission criteria. A minor shall not be considered to have a mental health disorder solely for exhibiting behaviors specified under Sections 601 and 602.
(2) A mental health disorder and a substance abuse disorder.
(Amended by Stats. 2014, Ch. 144, Sec. 108. (AB 1847) Effective January 1, 2015.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 6 - ADMISSIONS AND JUDICIAL COMMITMENTS › PART 1 - ADMISSIONS › CHAPTER 1 - Voluntary Admissions to Mental Hospitals and Institutions › Section 6002.15.

6002.15. (a) Prior to accepting the written authorization for treatment, the facility shall assure that a representative of the facility has given a full explanation of the treatment philosophy of the facility, including, where applicable, the use of seclusion and restraint, the use of medication, and the degree of involvement of family members in the minor’s treatment to the parent, guardian or other person entitled to the minor’s custody. This explanation shall be given orally and in writing, and shall be documented in the minor’s treatment record upon completion.
(b) As part of the admission process, the professional person responsible for the minor’s admission shall affirm in writing that the minor meets the admission criteria as specified above.
(c) Upon admission, a facility specified in Section 6002.10 shall do all of the following:
(1) Inform the minor in writing of the availability of an independent clinical review of his or her further inpatient treatment. The notice shall be witnessed and signed by an appropriate representative of the facility.
(2) Within one working day, notify the patients’ rights advocate, as defined in Article 2 (commencing with Section 5540) of Chapter 5.2, regarding the admission of the minor.
(3) Provide all minors with a booklet promulgated by the State Department of Health Care Services outlining the specific rights of minors in mental health facilities. The booklet shall include the phone number of the local advocate and the hours that he or she may be reached.
(Amended by Stats. 2012, Ch. 34, Sec. 212. (SB 1009) Effective June 27, 2012.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 6 - ADMISSIONS AND JUDICIAL COMMITMENTS › PART 1 - ADMISSIONS › CHAPTER 1 - Voluntary Admissions to Mental Hospitals and Institutions › Section 6002.20.

6002.20. (a) If the minor requests an independent clinical review of his or her continued inpatient treatment, the patients’ rights advocate shall be notified of the request, as soon as practical, but no later than one working day. The role of the advocate shall be to provide information and assistance to the minor relating to the minor’s right to obtain an independent clinical review to determine the appropriateness of placement within the facility. The advocate shall conduct his or her activities in a manner least disruptive to patient care in the facility. Nothing in this section shall be construed to limit, or expand, rights and responsibilities the advocate has pursuant to other provisions of law.
(b) An independent review may be requested up to 10 days after admission. At any time the minor may rescind his or her request for a review.
(Added by Stats. 1989, Ch. 1375, Sec. 3.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 6 - ADMISSIONS AND JUDICIAL COMMITMENTS › PART 1 - ADMISSIONS › CHAPTER 1 - Voluntary Admissions to Mental Hospitals and Institutions › Section 6002.25.

6002.25. The independent clinical review shall be conducted by a licensed psychiatrist with training and experience in treating psychiatric adolescent patients, who is a neutral party to the review, having no direct financial relationship with the treating clinician, nor a personal or financial relationship with the patient, or his or her parents or guardian. Nothing in this section shall prevent a psychiatrist affiliated with a health maintenance organization, as defined in subdivision (b) of Section 1373.10 of the Health and Safety Code, from providing the independent clinical review where the admitting, treating, and reviewing psychiatrists are affiliated with a health maintenance organization that predominantly serves members of a prepaid health care service plan. The independent clinical reviewer shall be assigned, on a rotating basis, from a list prepared by the facility, and submitted to the county behavioral health director prior to March 1, 1990, and annually thereafter, or more frequently when necessary. The county behavioral health director shall, on an annual basis, or at the request of the facility, review the facility’s list of independent clinical reviewers. The county behavioral health director shall approve or disapprove the list of reviewers within 30 days of submission. If there is no response from the county behavioral health director, the facility’s list shall be deemed approved. If the county behavioral health director disapproves one or more of the persons on the list of reviewers, the county behavioral health director shall notify the facility in writing of the reasons for the disapproval. The county behavioral health director, in consultation with the facility, may develop a list of one or more additional reviewers within 30 days. The final list shall be mutually agreeable to the county behavioral health director and the facility. Sections 6002.10 to 6002.40, inclusive, shall not be construed to prohibit the treatment of minors prior to the existence of an approved list of independent clinical reviewers. The independent clinical reviewer may be an active member of the medical staff of the facility who has no direct financial relationship, including, but not limited to, an employment or other contract arrangement with the facility except for compensation received for the service of providing clinical reviews.
(Amended by Stats. 2015, Ch. 455, Sec. 47. (SB 804) Effective January 1, 2016.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 6 - ADMISSIONS AND JUDICIAL COMMITMENTS › PART 1 - ADMISSIONS › CHAPTER 1 - Voluntary Admissions to Mental Hospitals and Institutions › Section 6002.35.

6002.35. (a) It shall be the responsibility of the psychiatrist conducting the independent clinical review to keep a record of the proceeding.
(b) After considering all the clinical information, the psychiatrist conducting the review shall render a binding decision. If he or she determines that further inpatient treatment is reasonably likely to be beneficial to the minor’s disorder and placement in the facility represents the least restrictive, most appropriate available setting in which to treat the minor, the minor’s inpatient treatment shall be authorized.
(c) If the psychiatrist conducting the review determines that the admission criteria have been met, this determination shall terminate when the minor is discharged from the facility.
(d) If the psychiatrist conducting the clinical review determines that further inpatient treatment in the facility is not reasonably likely to be beneficial to the minor’s mental disorder or does not represent the least restrictive, most appropriate available setting in which to treat the minor, the minor shall be released from the facility to a custodial parent or guardian on the same day the determination was made. Except as provided in Section 43.92 of the Civil Code, upon the minor’s release, neither the attending psychiatrist, any licensed health professional providing treatment to the minor in the facility, the psychiatrist who releases the minor pursuant to this section, nor the facility in which the minor was admitted or treated shall be civilly or criminally liable for any conduct of the released minor, a parent, legal guardian, or other persons entitled to custody of the minor.
(Added by Stats. 1989, Ch. 1375, Sec. 6.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 6 - ADMISSIONS AND JUDICIAL COMMITMENTS › PART 1 - ADMISSIONS › CHAPTER 1 - Voluntary Admissions to Mental Hospitals and Institutions › Section 6002.40.

6002.40. (a) For any insurance contracts entered into after January 1, 1990, where any private insurer, certified medical plan, or private health service plan is liable to pay or reimburse a professional provider or institutional provider for the costs of medically necessary mental health services provided to the patient, the costs of the clinical review required by Sections 6002.10 to 6002.40, inclusive, including, but not limited to, the costs of the interpreter, if any, and the costs of the patients’ rights advocate, shall be borne by the insurer, certified medical plan, or the health service plan. Payments to providers for the costs of the independent clinical review shall be made promptly.
For Medi-Cal eligible patients placed in these private facilities, the costs of the clinical review required by Sections 6002.10 to 6002.40, inclusive, including the costs of the patients rights advocate, shall be borne by the county.
(b) The Legislature intends that Sections 6002.10 to 6002.40, inclusive, affect only the rights of minors confined in private mental health facilities on the consent of their parents or guardians, where the costs of treatment are paid or reimbursed by a private insurer or private health service plan.
(c) Mental health facilities shall summarize on an annual basis, information including, but not limited to, the number of minors admitted by diagnosis, length of stay, and source of payment, the number of requests for an independent clinical review by diagnosis, source of payment, and outcome of the independent clinical review and submit this information to the State Department of Health Care Services. The State Department of Public Health shall monitor compliance of this section during an inspection of the facility pursuant to Sections 1278 and 1279 of the Health and Safety Code.
(Amended by Stats. 2012, Ch. 34, Sec. 213. (SB 1009) Effective June 27, 2012.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 6 - ADMISSIONS AND JUDICIAL COMMITMENTS › PART 1 - ADMISSIONS › CHAPTER 1 - Voluntary Admissions to Mental Hospitals and Institutions › Section 6003.

6003. As used in this article, “county psychiatric hospital” means the hospital, ward, or facility provided by the county pursuant to the provisions of Section 7100.
(Repealed and added by Stats. 1967, Ch. 1667.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 6 - ADMISSIONS AND JUDICIAL COMMITMENTS › PART 1 - ADMISSIONS › CHAPTER 1 - Voluntary Admissions to Mental Hospitals and Institutions › Section 6003.1.

6003.1. As used in this article, county psychiatric health facility means a 24-hour acute care facility provided by the county pursuant to the provisions in Sections 5404 and 7100.
(Amended by Stats. 1996, Ch. 245, Sec. 3. Effective July 22, 1996.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 6 - ADMISSIONS AND JUDICIAL COMMITMENTS › PART 1 - ADMISSIONS › CHAPTER 1 - Voluntary Admissions to Mental Hospitals and Institutions › Section 6003.2.

6003.2. Wherever in this article the term “county psychiatric hospital” appears, such term shall be interchangeable with the term “psychiatric health facility.”
(Added by Stats. 1978, Ch. 1234.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 6 - ADMISSIONS AND JUDICIAL COMMITMENTS › PART 1 - ADMISSIONS › CHAPTER 1 - Voluntary Admissions to Mental Hospitals and Institutions › Section 6004.

6004. The superintendent or person in charge of the county psychiatric hospital may receive, care for, or treat in the hospital any person who voluntarily makes a written application to the superintendent or person in charge thereof for admission into the hospital for care, treatment, or observation, and who is a suitable person for care, treatment, or observation, and who in the case of an adult person is in such condition of mind, at the time of making application for admission, as to render him competent to make such application. In the case of a minor person, the application shall be made by his parents, or by the parent, guardian, or other person entitled to his custody. A conservatee, with a conservator of the person, or person and estate, appointed under Chapter 3 (commencing with Section 5350) of Part 1 of Division 5, with the right as specified by court order under Section 5358 to place his conservatee, may be admitted upon written application by his conservator.
(Amended by Stats. 1970, Ch. 516.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 6 - ADMISSIONS AND JUDICIAL COMMITMENTS › PART 1 - ADMISSIONS › CHAPTER 1 - Voluntary Admissions to Mental Hospitals and Institutions › Section 6005.

6005. A voluntary adult patient may leave the hospital or institution at any time by giving notice of his desire to leave to any member of the hospital staff and completing normal hospitalization departure procedures. A conservatee may leave in a like manner if notice is given by his conservator.
A minor person who is a voluntary patient may leave the hospital or institution after completing normal hospitalization departure procedures after notice is given to the superintendent or person in charge by the parents, or the parent, guardian, or other person entitled to the custody of the minor, of their desire to remove him from the hospital.
(Repealed and added by Stats. 1967, Ch. 1667.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 6 - ADMISSIONS AND JUDICIAL COMMITMENTS › PART 1 - ADMISSIONS › CHAPTER 1 - Voluntary Admissions to Mental Hospitals and Institutions › Section 6006.

6006. A person admitted as a voluntary patient to a state hospital, a private mental institution, or a county psychiatric hospital shall have the following rights in addition to the right to leave such hospital as specified in this chapter:
(a) He shall receive such care and treatment as his condition requires for the full period that he is a patient;
(b) He shall have the full patient rights specified in Article 7 (commencing with Section 5325) of Chapter 2 of Part 1 of Division 5 of this code.
(Amended by Stats. 1968, Ch. 1374.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 6 - ADMISSIONS AND JUDICIAL COMMITMENTS › PART 1 - ADMISSIONS › CHAPTER 1 - Voluntary Admissions to Mental Hospitals and Institutions › Section 6007.

6007. (a) Any person detained pursuant to 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 private institution in which the person is detained or by one of the physicians who signed the certificate. 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 private 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 private institution to determine if the person is a danger to others, himself or herself, or gravely disabled as a result of mental disorder.
(b) Any person evaluated under this section shall be released from the private institution 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 private institution.
(c) 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.
(Amended by Stats. 2013, Ch. 23, Sec. 52. (AB 82) Effective June 27, 2013.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 6 - ADMISSIONS AND JUDICIAL COMMITMENTS › PART 1 - ADMISSIONS › CHAPTER 1 - Voluntary Admissions to Mental Hospitals and Institutions › Section 6008.

6008. For the purposes of this part, a person who is a conservatee with a conservator of the person or of the person and estate appointed under Chapter 3 (commencing with Section 5350) of Part 1 of Division 5 with the right as specified by court order under Section 5358 to place his conservatee in a hospital of the United States government, may be admitted to such a hospital upon written application made by his conservator. A conservatee so admitted to such a hospital may leave the hospital at any time after his conservator gives notice to a member of the hospital staff that the conservatee is leaving and normal hospitalization departure procedures are completed by the conservator or by the conservator and conservatee.
(Amended by Stats. 1970, Ch. 516.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 6 - ADMISSIONS AND JUDICIAL COMMITMENTS › PART 2 - JUDICIAL COMMITMENTS › CHAPTER 1 - Definitions, Construction and Standard Forms › Section 6250.

6250. (a) As used in this part, “a person subject to judicial commitment” means a person who may be judicially committed under this part as a mentally disordered sex offender pursuant to Article 1 (commencing with Section 6331), a sexually violent predator pursuant to Article 4 (commencing with Section 6600), or a person with intellectual disabilities pursuant to Article 2 (commencing with Section 6500) of Chapter 2.
(b) Nothing in this part shall be held to change or interfere with the provisions of the Penal Code and other laws relating to persons with mental health disorders who are charged with a crime or to persons who are found to be not guilty by reason of insanity.
(c) This part shall be liberally construed so that, as far as possible and consistent with the rights of persons subject to commitment, those persons shall be treated, not as criminals, but as sick persons.
(Amended by Stats. 2014, Ch. 144, Sec. 109. (AB 1847) Effective January 1, 2015.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 6 - ADMISSIONS AND JUDICIAL COMMITMENTS › PART 2 - JUDICIAL COMMITMENTS › CHAPTER 1 - Definitions, Construction and Standard Forms › Section 6251.

6251. Wherever, on the basis of a petition, provision is made in this code for issuing and delivering an order for examination and detention directing that a person be apprehended and taken before a judge of a superior court for a hearing and examination on an allegation of being a person subject to judicial commitment, the petition shall be in substantially the following form:
In the Superior Court of the State of California
For the County of____
The People
For the Best Interest and Protection of
⎫
⎪
⎪
as a
⎪
and Concerning
and
⎬
⎪
Petition
⎪
_____ Respondents
⎪
⎭
_______, residing at ______ (tel. _______), being duly sworn deposes and says: That there is now in the county in the City or Town of __________
a person named ______, who resides at ______, and who is believed to be a ______. That the person is ____ years of age; that __ the person is ____ (sex) and that __ the person is ____ (single, married, widowed, or divorced); and that ____ occupation is ____.
That the facts because of which petitioner believes that the person is a ____ are as follows: That __ the person, at _______ in the county, on the____ day of ____, 20__,
That petitioner’s interest in and case is
That petitioner believes that said person is ____ as defined in Section ____.
That the persons responsible for the care, support, and maintenance of the ____, and their relationship to the person are, so far as known to the petitioner, as follows:
(Give names, addresses, and relationship of persons named as respondents)
Wherefore, petitioner prays that examination be made to determine the state of the mental health of ____, alleged to be ____, and that such measures be taken for the best interest and protection of said ____, in respect to the person’s supervision, care and treatment, as may be necessary and provided by law.
_____ Petitioner
Subscribed and sworn to before me this ____ day of ______, 20__.
________________________________, Clerk of the Court
By _____________________________________________ Deputy
(Amended by Stats. 2002, Ch. 784, Sec. 619. Effective January 1, 2003.)