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 2 - Involuntary Treatment › ARTICLE 2 - Court-Ordered Evaluation for Mentally Disordered Persons › Section 5202.

5202. The person or agency designated by the county shall prepare the petition and all other forms required in the proceeding, and shall be responsible for filing the petition. Before filing the petition, the person or agency designated by the county shall request the person or agency designated by the county and approved by the State Department of Health Care Services to provide prepetition screening to determine whether there is probable cause to believe the allegations. The person or agency providing prepetition screening shall conduct a reasonable investigation of the allegations and make a reasonable effort to personally interview the subject of the petition. The screening shall also determine whether the person will agree voluntarily to receive crisis intervention services or an evaluation in his own home or in a facility designated by the county and approved by the State Department of Health Care Services. Following prepetition screening, the person or agency designated by the county shall file the petition if satisfied that there is probable cause to believe that the person is, as a result of mental disorder, a danger to others, or to himself or herself, or gravely disabled, and that the person will not voluntarily receive evaluation or crisis intervention.
If the petition is filed, it shall be accompanied by a report containing the findings of the person or agency designated by the county to provide prepetition screening. The prepetition screening report submitted to the superior court shall be confidential and shall be subject to the provisions of Section 5328.
(Amended by Stats. 2013, Ch. 23, Sec. 34. (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 2 - Involuntary Treatment › ARTICLE 2 - Court-Ordered Evaluation for Mentally Disordered Persons › Section 5203.

5203. Any individual who seeks a petition for court-ordered evaluation knowing that the person for whom the petition is sought is not, as a result of mental disorder, a danger to himself, or to others, or gravely disabled is guilty of a misdemeanor, and may be held liable in civil damages by the person against whom the petition was sought.
(Amended by Stats. 1969, Ch. 722.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 1 - THE LANTERMAN-PETRIS-SHORT ACT › CHAPTER 2 - Involuntary Treatment › ARTICLE 2 - Court-Ordered Evaluation for Mentally Disordered Persons › Section 5204.

5204. The petition for a court-ordered evaluation shall contain the following:
(a) The name and address of the petitioner and his interest in the case.
(b) The name of the person alleged, as a result of mental disorder, to be a danger to others, or to himself, or to be gravely disabled, and, if known to the petitioner, the address, age, sex, marital status, and occupation of the person.
(c) The facts upon which the allegations of the petition are based.
(d) The name of, as a respondent thereto, every person known or believed by the petitioner to be legally responsible for the care, support, and maintenance of the person alleged, as a result of mental disorder, to be a danger to others, or to himself, or to be gravely disabled, and the address of each such person, if known to the petitioner.
(e) Such other information as the court may require.
(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 2 - Involuntary Treatment › ARTICLE 2 - Court-Ordered Evaluation for Mentally Disordered Persons › Section 5205.

5205. The petition 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
Concerning
and
_____ Respondents _____
No. _____
Petition for
Evaluation
________, residing at _____ (tel. ____), being duly sworn, alleges: That there is now in the county, in the City or Town of _____, a person named _____, who resides at _____, and who is, as a result of mental disorder:
(1) A danger to others.
(2) A danger to himself or herself.
(3) Gravely disabled as defined in subdivision (h) of Section 5008 of the Welfare and Institutions Code (Strike out all inapplicable classifications).
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 upon which the allegations of the petition are based are as follows: That __  the person, at _____ in the county, on the _____ day of _____, 20__,
That petitioner’s interest in the case is
That the person responsible for the care, support, and maintenance of the person, 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 evaluation be made to determine the condition of ____, alleged, as a result of mental disorder, to be a danger to others, or to himself or herself, or to be gravely disabled.
_____ _____ Petitioner _____
Subscribed and sworn to before me this ____ day of _____ 20__.
_____ , Clerk of the Court
_____ By  Deputy
(Amended by Stats. 2003, Ch. 62, Sec. 325. Effective January 1, 2004.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 1 - THE LANTERMAN-PETRIS-SHORT ACT › CHAPTER 2 - Involuntary Treatment › ARTICLE 2 - Court-Ordered Evaluation for Mentally Disordered Persons › Section 5206.

5206. Whenever it appears, by petition pursuant to this article, to the satisfaction of a judge of a superior court that a person is, as a result of mental disorder, a danger to others, or to himself, or gravely disabled, and the person has refused or failed to accept evaluation voluntarily, the judge shall issue an order notifying the person to submit to an evaluation at such time and place as designated by the judge. The order for an evaluation shall be served as provided in Section 5208 by a peace officer, counselor in mental health, or a court-appointed official. The person shall be permitted to remain in his home or other place of his choosing prior to the time of evaluation, and shall be permitted to be accompanied by one or more of his relatives, friends, an attorney, a personal physician, or other professional or religious advisor to the place of evaluation. If the person to receive evaluation so requests, the individual or individuals who accompany him may be present during the evaluation.
If the person refuses or fails to appear for evaluation after having been properly notified, a peace officer, counselor in mental health, or a court-appointed official shall take the person into custody and place him in a facility designated by the county as a facility for treatment and evaluation. The person shall be evaluated as promptly as possible, and shall in no event be detained longer than 72 hours under the court order, excluding Saturdays, Sundays, and holidays if treatment and evaluation services are not available on those days.
Persons who have been detained for evaluation shall be released, referred for care and treatment on a voluntary basis, certified for intensive treatment, or recommended for conservatorship pursuant to this part, as required.
(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 2 - Involuntary Treatment › ARTICLE 2 - Court-Ordered Evaluation for Mentally Disordered Persons › Section 5207.

5207. The order for evaluation 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
Concerning
and
_____ Respondents _____
No. _____
Order
for
Evaluation
or Detention
The People of the State of California to
:
(Peace officer, counselor in mental health, or
other official appointed by the court)
The petition of ____ has been presented this day to me, a Judge of the Superior Court for the County of ____, State of California, from which it appears that there is now in this county, at ____, a person by the name of ____, who is, as a result of mental disorder, a danger to others, or to himself, or gravely disabled.
Now, therefore, you are directed to notify ____ to submit to an evaluation at ____ on the ____ day of ____, 19_, at __ o’clock __m.
____ shall be permitted to be accompanied by one or more of his relatives, friends, an attorney, a personal physician, or other professional or religious advisor.
The individual or individuals who accompany ____ may be present during the evaluation if so requested by ____.
*Provision for Detention for Evaluation
If the person fails or refuses to appear for evaluation when notified by order of this court, you are hereby directed to detain said ____ or cause him to be detained at ____ for a period no longer than 72 hours, excluding Saturdays, Sundays, and holidays if evaluation services are not available on those days, for the purposes of evaluation.
I hereby direct that a copy of this order together with a copy of the petition be delivered to said person and his representative, if any, at the time of his notification; and I further authorize the service of this order at any hour of the day or night.
Witness my hand, this ____ day of ____, 19_
_____ Judge of the Superior Court _____
*This paragraph is applicable only if the person to be evaluated fails or refuses to appear for evaluation after having been properly notified.
Return of Order
I hereby certify that I received the above order for the evaluation of ____ and on the ____ day of ____, 19_, personally served a copy of the order and of the petition on ____ and the professional person in charge of the ____, a facility for treatment and evaluation, or his designee.
Dated: ____, 19_.
_____ Signature and Title _____
(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 2 - Involuntary Treatment › ARTICLE 2 - Court-Ordered Evaluation for Mentally Disordered Persons › Section 5208.

5208. As promptly as possible, a copy of the petition and the order for evaluation shall be personally served on the person to be evaluated and the professional person in charge of the facility for treatment and evaluation named in the order, or his designee.
If the person to be evaluated fails to appear for an evaluation at the time designated in the order, the professional person in charge, or his designee, shall notify the person who served the order to have the person to be evaluated detained pursuant to the order.
(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 2 - Involuntary Treatment › ARTICLE 2 - Court-Ordered Evaluation for Mentally Disordered Persons › Section 5210.

5210. At the time a person is taken into custody for evaluation, or within a reasonable time thereafter, unless a responsible relative or the guardian or conservator of the person is in possession of the person’s personal property, the person taking him into custody shall take reasonable precautions to preserve and safeguard the personal property in the possession of or on the premises occupied by the person. The person taking him into custody shall then furnish to the court a report generally describing the person’s property so preserved and safeguarded and its disposition, in substantially the form set forth in Section 5211; except that if a responsible relative or the guardian or conservator of the person is in possession of the person’s property, the report shall include only the name of the relative or guardian or conservator and the location of the property, whereupon responsibility of the person taking him into custody for such property shall terminate.
As used in this section, “responsible relative” includes the spouse, parent, adult child, or adult brother or sister of the person, except that it does not include the person who applied for the petition under this article.
(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 2 - Involuntary Treatment › ARTICLE 2 - Court-Ordered Evaluation for Mentally Disordered Persons › Section 5211.

5211. The report of a patient’s property required by Section 5210 to be made by the person taking him into custody for evaluation shall be in substantially the following form:
Report of Officer
I hereby report to the Superior Court for the County of _____ that the personal property of the person apprehended, described generally as ____ was preserved and safeguarded by ____ (Insert name of person taking him into custody, responsible relative, guardian, or conservator).
That property is now located at ____.
Dated: ____ 19__.
_____ Signature and Title _____
(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 2 - Involuntary Treatment › ARTICLE 2 - Court-Ordered Evaluation for Mentally Disordered Persons › Section 5212.

5212. Whenever possible, persons charged with service of orders and apprehension of persons pursuant to this article shall dress in plain clothes and travel in unmarked vehicles.
(Amended by Stats. 1969, Ch. 722.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 1 - THE LANTERMAN-PETRIS-SHORT ACT › CHAPTER 2 - Involuntary Treatment › ARTICLE 2 - Court-Ordered Evaluation for Mentally Disordered Persons › Section 5213.

5213. (a) If, upon evaluation, the person is found to be in need of treatment because the person is, as a result of a mental health disorder, a danger to self or others, or is gravely disabled, the person may be detained for treatment in a facility for 72-hour treatment and evaluation. Saturdays, Sundays, and holidays may be excluded from the 72-hour period if the State Department of Social Services certifies for each facility that evaluation and treatment services may not reasonably be made available on those days. The certification by the department is subject to renewal every two years. The department shall adopt regulations defining criteria for determining whether a facility may reasonably be expected to make evaluation and treatment services available on Saturdays, Sundays, and holidays.
(b) Persons who have been detained for evaluation and treatment, who are receiving medications as a result of their mental illness, shall be given, as soon as possible after detention, written and oral information about the probable effects and possible side effects of the medication, by a person designated by the mental health facility where the person is detained. The State Department of Social Services shall develop and promulgate written materials on the effects of medications, for use by county mental health programs as disseminated or as modified by the county mental health program, addressing the probable effects and the possible side effects of the medication. The following information shall be given orally to the patient:
(1) The nature of the mental illness, or behavior, that is the reason the medication is being given or recommended.
(2) The likelihood of improving or not improving without the medications.
(3) Reasonable alternative treatments available.
(4) The name and type, frequency, amount, and method of dispensing the medications, and the probable length of time that the medications will be taken.
(c) The fact that the information has or has not been given shall be indicated in the patient’s chart. If the information has not been given, the designated person shall document in the patient’s chart the justification for not providing the information. A failure to give information about the probable effects and possible side effects of the medication does not constitute new grounds for release.
(Amended by Stats. 2019, Ch. 9, Sec. 21. (AB 46) Effective January 1, 2020.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 1 - THE LANTERMAN-PETRIS-SHORT ACT › CHAPTER 2 - Involuntary Treatment › ARTICLE 3 - Court-Ordered Evaluation for Persons Impaired by Chronic Alcoholism or Drug Abuse › Section 5225.

5225. Whenever a criminal defendant who appears, as a result of chronic alcoholism or the use of narcotics or restricted dangerous drugs, to be a danger to others, to himself, or to be gravely disabled, is brought before any judge, the judge may order the defendant’s evaluation under conditions set forth in this article, provided evaluation services designated in the county plan pursuant to Section 5654 are available.
(Amended by Stats. 1979, Ch. 373.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 1 - THE LANTERMAN-PETRIS-SHORT ACT › CHAPTER 2 - Involuntary Treatment › ARTICLE 3 - Court-Ordered Evaluation for Persons Impaired by Chronic Alcoholism or Drug Abuse › Section 5226.

5226. Such a criminal defendant must be advised of his right to immediately continue with the criminal proceeding, and it is the duty of the judge to apprise the defendant fully of his option and of the consequences which will occur if the defendant chooses the evaluation procedures. The defendant shall have a right to legal counsel at the proceedings at which the choice is made.
(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 2 - Involuntary Treatment › ARTICLE 3 - Court-Ordered Evaluation for Persons Impaired by Chronic Alcoholism or Drug Abuse › Section 5226.1.

5226.1. If a judge issues an order for evaluation under conditions set forth in this article, proceedings on the criminal charge then pending in the court from which the order for evaluation issued shall be dismissed or suspended until such time as the evaluation of the defendant and the subsequent detention of the defendant for involuntary treatment, if any, are completed. Upon completion of such evaluation and detention, if any, the defendant shall, if such criminal charge has not been dismissed, be returned by the sheriff of the county in which the order of evaluation was made, from the evaluation or intensive treatment facility to the custody of the sheriff who shall return the defendant to the court where the order for evaluation was made, and proceedings on the criminal charge shall be resumed or dismissed. If, during evaluation or detention for involuntary treatment, the defendant is recommended for conservatorship, and if the criminal charge has not previously been dismissed, the defendant shall be returned by the sheriff to the court in which such charge is pending for the disposition of the criminal charge prior to the initiation of the conservatorship proceedings. The judge of such court may order such defendant to be detained in the evaluation or treatment facility until the day set for the resumption of the proceedings on the criminal charge.
(Amended by Stats. 1969, Ch. 722.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 1 - THE LANTERMAN-PETRIS-SHORT ACT › CHAPTER 2 - Involuntary Treatment › ARTICLE 3 - Court-Ordered Evaluation for Persons Impaired by Chronic Alcoholism or Drug Abuse › Section 5227.

5227. The order for evaluation 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
Concerning
and
_____ Respondents _____
No. _____
Order
for
Evaluation
The People of the State of California to
:
(Professional person in charge of the facility providing
evaluation)
______ has appeared before me and appears to be, as a result of ______ (chronic alcoholism, the use of narcotics, or the use of restricted dangerous drugs), a danger to himself, or others, or gravely disabled.
Now, therefore, you are directed to evaluate ______ at ______ on the ____ day of ____, 19__, at __ o’clock _m.
Witness my hand, this ____ day of ____, 19__.
_____ _____ Judge of the ________ Court _____
Return of Order
I hereby certify that I received the above order for the evaluation of ______ and on the ____ day of ____, 19__, personally served a copy of the order and of the petition on the professional person in charge of the ______, a facility for treatment and evaluation, or his designee.
Dated: ____ 19__.
_____ _____ Signature and Title _____
(Amended by Stats. 1970, Ch. 1129.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 1 - THE LANTERMAN-PETRIS-SHORT ACT › CHAPTER 2 - Involuntary Treatment › ARTICLE 3 - Court-Ordered Evaluation for Persons Impaired by Chronic Alcoholism or Drug Abuse › Section 5228.

5228. As promptly as possible, a copy of the order for evaluation shall be personally served on the person to be evaluated and the professional person in charge of the facility for treatment and evaluation named in the order, or his designee.
(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 2 - Involuntary Treatment › ARTICLE 3 - Court-Ordered Evaluation for Persons Impaired by Chronic Alcoholism or Drug Abuse › Section 5229.

5229. At the time a person is ordered to undergo evaluation, or within a reasonable time thereafter, unless a responsible relative or the guardian or conservator of the person is in possession of the person’s personal property, the person shall take reasonable precautions to preserve and safeguard the personal property in the possession of or on the premises occupied by the person. The person responsible for taking him to the evaluation facility shall then furnish to the court a report generally describing the person’s property so preserved and safeguarded and its disposition, in substantially the form set forth in Section 5211; except that if a responsible relative or the guardian or conservator of the person is in possession of the person’s property, the report shall include only the name of the relative or guardian or conservator and the location of the property, whereupon responsibility of the person responsible for taking him to the evaluation facility for such property shall terminate.
As used in this section, “responsible relative” includes the spouse, parent, adult child, or adult brother or sister of the person.
(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 2 - Involuntary Treatment › ARTICLE 3 - Court-Ordered Evaluation for Persons Impaired by Chronic Alcoholism or Drug Abuse › Section 5230.

5230. If, upon evaluation, the person is found to be in need of treatment because he is, as a result of impairment by chronic alcoholism or the use of narcotics or restricted dangerous drugs, a danger to others, or to himself, or is gravely disabled, he may be detained for treatment in a facility for 72-hour treatment and evaluation. Except as provided in this section, he shall in no event be detained longer than 72 hours from the time of evaluation or detention for evaluation, excluding Saturdays, Sundays and holidays if treatment services are not available on those days.
Persons who have been detained for evaluation and treatment shall be released if the criminal charge has been dismissed; released to the custody of the sheriff or continue to be detained pursuant to court order under Section 5226.1; referred for further care and treatment on a voluntary basis, subject to the disposition of the criminal action; certified for intensive treatment; or recommended for conservatorship pursuant to this part, subject to the disposition of the criminal charge; as required.
(Amended by Stats. 1970, Ch. 1129.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 1 - THE LANTERMAN-PETRIS-SHORT ACT › CHAPTER 2 - Involuntary Treatment › ARTICLE 4 - Certification for Intensive Treatment › Section 5250.

5250. If a person is detained for 72 hours under the provisions of Article 1 (commencing with Section 5150), or under court order for evaluation pursuant to Article 2 (commencing with Section 5200) or Article 3 (commencing with Section 5225) and has received an evaluation, he or she may be certified for not more than 14 days of intensive treatment related to the mental health disorder or impairment by chronic alcoholism, under the following conditions:
(a) The professional staff of the agency or facility providing evaluation services has analyzed the person’s condition and has found the person is, as a result of a mental health disorder or impairment by chronic alcoholism, a danger to others, or to himself or herself, or gravely disabled.
(b) The facility providing intensive treatment is designated by the county to provide intensive treatment, and agrees to admit the person. No facility shall be designated to provide intensive treatment unless it complies with the certification review hearing required by this article. The procedures shall be described in the county Short-Doyle plan as required by Section 5651.3.
(c) The person has been advised of the need for, but has not been willing or able to accept, treatment on a voluntary basis.
(d) (1) Notwithstanding paragraph (1) of subdivision (h) of Section 5008, a person is not “gravely disabled” if that person can survive safely without involuntary detention with the help of responsible family, friends, or others who are both willing and able to help provide for the person’s basic personal needs for food, clothing, or shelter.
(2) However, unless they specifically indicate in writing their willingness and ability to help, family, friends, or others shall not be considered willing or able to provide this help.
(3) The purpose of this subdivision is to avoid the necessity for, and the harmful effects of, requiring family, friends, and others to publicly state, and requiring the certification review officer to publicly find, that no one is willing or able to assist a person with a mental health disorder in providing for the person’s basic needs for food, clothing, or shelter.
(Amended by Stats. 2014, Ch. 144, Sec. 89. (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 2 - Involuntary Treatment › ARTICLE 4 - Certification for Intensive Treatment › Section 5250.1.

5250.1. The professional person in charge of a facility providing intensive treatment, pursuant to Section 5250 or 5270.15, or that person’s designee, shall notify the county behavioral health director, or the director’s designee, and the peace officer who made the original written application for 72-hour evaluation pursuant to Section 5150 or a person who is designated by the law enforcement agency that employs the peace officer, that the person admitted pursuant to the application has been released unconditionally if all of the following conditions apply:
(a) The peace officer has requested notification at the time he or she makes the application for 72-hour evaluation.
(b) The peace officer has certified in writing at the time he or she made the application that the person has been referred to the facility under circumstances which, based upon an allegation of facts regarding actions witnessed by the officer or another person, would support the filing of a criminal complaint.
(c) The notice is limited to the person’s name, address, date of admission for 72-hour evaluation, date of certification for intensive treatment, and date of release.
If a police officer, law enforcement agency, or designee of the law enforcement agency, possesses any record of information obtained pursuant to the notification requirements of this section, the officer, agency, or designee shall destroy that record two years after receipt of notification.
(Amended by Stats. 2015, Ch. 455, Sec. 21. (SB 804) Effective January 1, 2016.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 1 - THE LANTERMAN-PETRIS-SHORT ACT › CHAPTER 2 - Involuntary Treatment › ARTICLE 4 - Certification for Intensive Treatment › Section 5251.

5251. (a) For a person to be certified under this article, a notice of certification shall be signed by two people.
(1) The first person shall be the professional person, or his or her designee, in charge of the agency or facility providing evaluation services. A designee of the professional person in charge of the agency or facility shall be a physician or a licensed psychologist who has a doctoral degree in psychology and at least five years of postgraduate experience in the diagnosis and treatment of emotional and mental disorders.
(2) The second person shall be a physician or psychologist who participated in the evaluation. The physician shall be, if possible, a board certified psychiatrist. The psychologist shall be licensed and have at least five years of postgraduate experience in the diagnosis and treatment of emotional and mental disorders.
(b) If the professional person in charge, or his or her designee, is the physician who performed the medical evaluation or a psychologist, the second person to sign may be another physician or psychologist unless one is not available, in which case a licensed clinical social worker, licensed marriage and family therapist, licensed professional clinical counselor, or registered nurse who participated in the evaluation shall sign the notice of certification.
(Amended by Stats. 2017, Ch. 184, Sec. 1. (AB 191) 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 2 - Involuntary Treatment › ARTICLE 4 - Certification for Intensive Treatment › Section 5252.

5252. A notice of certification is required for all persons certified for intensive treatment pursuant to Section 5250 or 5270.15, and shall be in substantially the following form (strike out inapplicable section):
The authorized agency providing evaluation services in the County of _______ has evaluated the condition of:
Name
Address
Age
Sex
Marital status
We the undersigned allege that the above-named person is, as a result of mental disorder or impairment by chronic alcoholism:
(1) A danger to others.
(2) A danger to himself or herself.
(3) Gravely disabled as defined in paragraph (1) of subdivision (h) or subdivision (l) of Section 5008 of the Welfare and Institutions Code.
The specific facts which form the basis for our opinion that the above-named person meets one or more of the classifications indicated above are as follows:
(certifying persons to fill in blanks)
[Strike out all inapplicable classifications.]
The above-named person has been informed of this evaluation, and has been advised of the need for, but has not been able or willing to accept treatment on a voluntary basis, or to accept referral to, the following services:
We, therefore, certify the above-named person to receive intensive treatment related to the mental disorder or impairment by chronic alcoholism beginning this ____ day of (Month) , 19__, in the intensive treatment facility herein named ______.
(Date)
Signed
Signed
Countersigned   _____ (Representing facility) _____
I hereby state that I delivered a copy of this notice this day to the above-named person and that I informed him or her that unless judicial review is requested a certification review hearing will be held within four days of the date on which the person is certified for a period of intensive treatment and that an attorney or advocate will visit him or her to provide assistance in preparing for the hearing or to answer questions regarding his or her commitment or to provide other assistance. The court has been notified of this certification on this day.
_____ Signed
(Amended by Stats. 1988, Ch. 1517, Sec. 3.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 1 - THE LANTERMAN-PETRIS-SHORT ACT › CHAPTER 2 - Involuntary Treatment › ARTICLE 4 - Certification for Intensive Treatment › Section 5253.

5253. A copy of the certification notice shall be personally delivered to the person certified, the person’s attorney, or the attorney or advocate designated in Section 5252. The person certified shall also be asked to designate any person who is to be sent a copy of the certification notice. If the person certified is incapable of making this designation at the time of certification, he or she shall be asked to designate a person as soon as he or she is capable.
(Amended by Stats. 1983, Ch. 319, Sec. 2.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 1 - THE LANTERMAN-PETRIS-SHORT ACT › CHAPTER 2 - Involuntary Treatment › ARTICLE 4 - Certification for Intensive Treatment › Section 5254.

5254. The person delivering the copy of the notice of certification to the person certified shall, at the time of delivery, inform the person certified that he or she is entitled to a certification review hearing, to be held within four days of the date on which the person is certified for a period of intensive treatment in accordance with Section 5256 unless judicial review is requested, to determine whether or not probable cause exists to detain the person for intensive treatment related to the mental disorder or impairment by chronic alcoholism. The person certified shall be informed of his or her rights with respect to the hearing, including the right to the assistance of another person to prepare for the hearing or to answer other questions and concerns regarding his or her involuntary detention or both.
(Amended by Stats. 1988, Ch. 1517, Sec. 4.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 1 - THE LANTERMAN-PETRIS-SHORT ACT › CHAPTER 2 - Involuntary Treatment › ARTICLE 4 - Certification for Intensive Treatment › Section 5254.1.

5254.1. The person delivering the copy of the notice of certification to the person certified shall, at the time of delivery, inform the person certified of his or her legal right to a judicial review by habeas corpus, and shall explain that term to the person certified, and inform the person of his or her right to counsel, including court-appointed counsel pursuant to Section 5276.
(Repealed and added by Stats. 1982, Ch. 1598, Sec. 4.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 1 - THE LANTERMAN-PETRIS-SHORT ACT › CHAPTER 2 - Involuntary Treatment › ARTICLE 4 - Certification for Intensive Treatment › Section 5255.

5255. As soon after the certification as practicable, an attorney or patient advocate shall meet with the person certified to discuss the commitment process and to assist the person in preparing for the certification review hearing or to answer questions or otherwise assist the person as is appropriate.
(Repealed and added by Stats. 1982, Ch. 1598, Sec. 4.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 1 - THE LANTERMAN-PETRIS-SHORT ACT › CHAPTER 2 - Involuntary Treatment › ARTICLE 4 - Certification for Intensive Treatment › Section 5256.

5256. (a) When a person is certified for intensive treatment pursuant to Section 5250 or 5270.15, a certification review hearing shall be held unless judicial review has been requested as provided in Sections 5275 and 5276. The certification review hearing shall be within four days of the date on which the person is certified for a period of intensive treatment unless postponed by request of the person or their attorney or advocate.
(b) When a person has not been certified for intensive treatment pursuant to Section 5250 and remains detained pursuant to Section 5150, a certification review hearing shall be held within seven days of the date the person was initially detained pursuant to Section 5150, unless judicial review has been requested as provided in Sections 5275 and 5276. The professional person in charge of the facility designated by the county for evaluation and treatment, or an individual designated by the county if the person is not in a designated facility, shall inform the detained person of their rights with respect to the hearing, such as the right to the assistance of another person, including the county patients’ rights advocate, to prepare for the hearing, shall answer questions and address concerns regarding involuntary detention, and shall inform them of their rights pursuant to Section 5254.1. An attorney or county patients’ rights advocate shall meet with the person to discuss the commitment process and to assist the person in preparing for the certification review hearing or to answer questions or otherwise assist the person as appropriate. The certification review hearing shall be conducted in accordance with Sections 5256.1, 5256.2, 5256.3, 5256.4, 5256.5, 5256.6, and 5256.7 and the detained person shall be considered a person certified.
(Amended by Stats. 2022, Ch. 960, Sec. 3. (AB 2275) Effective January 1, 2023.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 1 - THE LANTERMAN-PETRIS-SHORT ACT › CHAPTER 2 - Involuntary Treatment › ARTICLE 4 - Certification for Intensive Treatment › Section 5256.1.

5256.1. The certification review hearing shall be conducted by either a court-appointed commissioner or a referee, or a certification review hearing officer. The certification review hearing officer shall be either a state qualified administrative law hearing officer, a physician and surgeon, a licensed psychologist, a registered nurse, a lawyer, a certified law student, a licensed clinical social worker, a licensed marriage and family therapist, or a licensed professional clinical counselor. Licensed psychologists, licensed clinical social workers, licensed marriage and family therapists, licensed professional clinical counselors, and registered nurses who serve as certification review hearing officers shall have had a minimum of five years’ experience in mental health. Certification review hearing officers shall be selected from a list of eligible persons unanimously approved by a panel composed of the local mental health director, the county public defender, and the county counsel or district attorney designated by the county board of supervisors. No employee of the county mental health program or of any facility designated by the county and approved by the State Department of Social Services as a facility for 72-hour treatment and evaluation may serve as a certification review hearing officer.
The location of the certification review hearing shall be compatible with, and least disruptive of, the treatment being provided to the person certified. In addition, hearings conducted by certification review officers shall be conducted at an appropriate place at the facility where the person certified is receiving treatment.
(Amended by Stats. 2012, Ch. 438, Sec. 11. (AB 1468) Effective September 22, 2012.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 1 - THE LANTERMAN-PETRIS-SHORT ACT › CHAPTER 2 - Involuntary Treatment › ARTICLE 4 - Certification for Intensive Treatment › Section 5256.2.

5256.2. At the certification review hearing, the evidence in support of the certification decision shall be presented by a person designated by the director of the facility. In addition, either the district attorney or the county counsel may, at his or her discretion, elect to present evidence at the certification review hearing.
(Added by Stats. 1982, Ch. 1598, Sec. 4.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 1 - THE LANTERMAN-PETRIS-SHORT ACT › CHAPTER 2 - Involuntary Treatment › ARTICLE 4 - Certification for Intensive Treatment › Section 5256.3.

5256.3. The person certified shall be present at the certification review hearing unless he or she, with the assistance of his or her attorney or advocate, waives his or her right to be present at a hearing.
(Added by Stats. 1982, Ch. 1598, Sec. 4.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 1 - THE LANTERMAN-PETRIS-SHORT ACT › CHAPTER 2 - Involuntary Treatment › ARTICLE 4 - Certification for Intensive Treatment › Section 5256.4.

5256.4. (a) At the certification review hearing, the person certified shall have the following rights:
(1) Assistance by an attorney or advocate.
(2) To present evidence on his or her own behalf.
(3) To question persons presenting evidence in support of the certification decision.
(4) To make reasonable requests for the attendance of facility employees who have knowledge of, or participated in, the certification decision.
(5) If the person has received medication within 24 hours or such longer period of time as the person conducting the hearing may designate prior to the beginning of the hearing, the person conducting the hearing shall be informed of that fact and of the probable effects of the medication.
(b) The hearing shall be conducted in an impartial and informal manner in order to encourage free and open discussion by participants. The person conducting the hearing shall not be bound by rules of procedure or evidence applicable in judicial proceedings.
(c) Reasonable attempts shall be made by the mental health facility to notify family members or any other person designated by the patient, of the time and place of the certification hearing, unless the patient requests that this information not be provided. The patient shall be advised by the facility that is treating the patient that he or she has the right to request that this information not be provided.
(d) All evidence which is relevant to establishing that the person certified is or is not as a result of mental disorder or impairment by chronic alcoholism, a danger to others, or to himself or herself, or gravely disabled, shall be admitted at the hearing and considered by the hearing officer.
(e) Although resistance to involuntary commitment may be a product of a mental disorder, this resistance shall not, in itself, imply the presence of a mental disorder or constitute evidence that a person meets the criteria of being dangerous to self or others, or gravely disabled.
(Amended by Stats. 1986, Ch. 872, Sec. 3.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 1 - THE LANTERMAN-PETRIS-SHORT ACT › CHAPTER 2 - Involuntary Treatment › ARTICLE 4 - Certification for Intensive Treatment › Section 5256.5.

5256.5. If at the conclusion of the certification review hearing the person conducting the hearing finds that there is not probable cause to believe that the person certified is, as a result of a mental disorder or impairment by chronic alcoholism, a danger to others, or to himself or herself, or gravely disabled, then the person certified may no longer be involuntarily detained. Nothing herein shall prohibit the person from remaining at the facility on a voluntary basis or the facility from providing the person with appropriate referral information concerning mental health services.
(Added by Stats. 1982, Ch. 1598, Sec. 4.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 1 - THE LANTERMAN-PETRIS-SHORT ACT › CHAPTER 2 - Involuntary Treatment › ARTICLE 4 - Certification for Intensive Treatment › Section 5256.6.

5256.6. If at the conclusion of the certification review hearing the person conducting the hearing finds that there is probable cause that the person certified is, as a result of a mental disorder or impairment by chronic alcoholism, a danger to others, or to himself or herself, or gravely disabled, then the person may be detained for involuntary care, protection, and treatment related to the mental disorder or impairment by chronic alcoholism pursuant to Sections 5250 and 5270.15.
(Amended by Stats. 1988, Ch. 1517, Sec. 6.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 1 - THE LANTERMAN-PETRIS-SHORT ACT › CHAPTER 2 - Involuntary Treatment › ARTICLE 4 - Certification for Intensive Treatment › Section 5256.7.

5256.7. The person certified shall be given oral notification of the decision at the conclusion of the certification review hearing. As soon thereafter as is practicable, the attorney or advocate for the person certified and the director of the facility where the person is receiving treatment shall be provided with a written notification of the decision, which shall include a statement of the evidence relied upon and the reasons for the decision. The attorney or advocate shall notify the person certified of the certification review hearing decision and of his or her rights to file a request for release and to have a hearing on the request before the superior court as set forth in Article 5 (commencing with Section 5275). A copy of the decision and the certification made pursuant to Section 5250 or 5270.15 shall be submitted to the superior court.
(Amended by Stats. 1988, Ch. 1517, Sec. 7.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 1 - THE LANTERMAN-PETRIS-SHORT ACT › CHAPTER 2 - Involuntary Treatment › ARTICLE 4 - Certification for Intensive Treatment › Section 5256.8.

5256.8. The requirement that there is a certification review hearing in accordance with this article shall apply only to persons certified for intensive treatment on or after January 1, 1983.
(Added by Stats. 1982, Ch. 1598, Sec. 4.)