reglab/statecodes huggingface dataset:
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4 - MENTAL HEALTH › PART 2 - ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED › CHAPTER 3 - Officers and Employees › Section 4316.

4316. (a) Subject to rules and regulations adopted by the department, the hospital director may establish a sheltered workshop at a state hospital to provide patients with remunerative work performed in a setting which simulates that of industry and is performed in such a manner as to meet standards of industrial quality. The workshop shall be so operated as to provide the treatment staff with a realistic atmosphere for assessing patients’ capabilities in work settings, and to provide opportunities to strengthen and expand patient interests and aptitudes.
(b) Notwithstanding any payment schedule approved by the department, state hospital patients who participate in sheltered workshops established under this section are not “employees” within the meaning of Sections 18526 and 18529 of the Government Code and Sections 1182.12, 1191.5, and 2750 of the Labor Code.
(Amended by Stats. 2019, Ch. 38, Sec. 43. (SB 78) Effective June 27, 2019.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4 - MENTAL HEALTH › PART 2 - ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED › CHAPTER 3 - Officers and Employees › Section 4317.

4317. At each state hospital at which there is established a sheltered workshop, there shall be a sheltered workshop fund administered by the clinical director. The fund shall be used for the purchase of materials, for the purchase or rental of equipment needed in the manufacturing, fabricating, or assembly of products, for the payment of remuneration to patients engaged in work at the workshop, and for the payment of such other costs of the operation of the workshop as may be directed by the medical director. The clinical director may cause the raw materials, goods in process, finished products, and equipment necessary for the production thereof to be insured against any and all risks of loss, subject to the approval of the Department of General Services. The costs of such insurance shall be paid from the sheltered workshop fund.
All money received from the manufacture, fabrication, assembly, or distribution of products at any state hospital sheltered workshop shall be deposited and credited to the hospital’s sheltered workshop fund.
(Added by Stats. 1976, Ch. 962.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4 - MENTAL HEALTH › PART 2 - ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED › CHAPTER 3 - Officers and Employees › Section 4317.5.

4317.5. The hospital director, subject to rules and regulations adopted by the department, may in addition to establishing a sheltered workshop, provide other vocational rehabilitation programs for state hospital patients. Notwithstanding any payment schedule approved by the department, state hospital patients who participate in a vocational rehabilitation program established under this section are not “employees” within the meaning of Sections 18526 and 18529 of the Government Code and Sections 1182.12, 1191.5, and 2750 of the Labor Code.
(Added by Stats. 2019, Ch. 38, Sec. 44. (SB 78) Effective June 27, 2019.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4 - MENTAL HEALTH › PART 2 - ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED › CHAPTER 3 - Officers and Employees › Section 4318.

4318. Each state hospital shall, prior to the discharge of any patient who was placed in the facility under a county Short-Doyle plan, prepare a written recommended aftercare plan which shall be transmitted to the local director of mental health services in the county of the patient’s placement.
Notwithstanding any other provision of law, such aftercare plan shall specify the following:
(a) Diagnoses;
(b) Treatment initiated;
(c) Medications and their dosage schedules;
(d) Date of discharge;
(e) Location of community placement;
(f) Plan for continuing treatment; and
(g) List of referrals indicated, including, but not limited to:
(1) Public social services.
(2) Legal aid.
(3) Educational services.
(4) Vocational services.
(5) Medical treatment other than mental health services.
(Repealed and added by Stats. 1976, Ch. 962.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4 - MENTAL HEALTH › PART 2 - ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED › CHAPTER 3 - Officers and Employees › Section 4319.

4319. To ensure a continuous level of competency for all state hospital treatment personnel under the jurisdiction of the State Department of State Hospitals, the department shall provide adequate in-service training programs for such state hospital treatment personnel.
(Amended by Stats. 2012, Ch. 24, Sec. 111. (AB 1470) Effective June 27, 2012.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4 - MENTAL HEALTH › PART 2 - ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED › CHAPTER 3 - Officers and Employees › Section 4320.

4320. To ensure an adequate supply of licensed psychiatric technicians for state hospitals, the State Department of State Hospitals, to the extent necessary, shall establish in state hospitals a course of study and training equivalent, as determined by the Board of Vocational Nursing and Psychiatric Technicians of the State of California, to the minimum requirements of an accredited program for psychiatric technicians in the state. No unlicensed psychiatric technician trainee shall be permitted to perform the duties of a licensed psychiatric technician as provided by Section 4502 of the Business and Professions Code unless the trainee performs the duties pursuant to a plan of supervision approved by the Board of Vocational Nursing and Psychiatric Technicians of the State of California as part of the equivalency trainee program. This section shall not be construed to reduce the effort presently expended by the community college system or private colleges in training psychiatric technicians.
(Amended by Stats. 2014, Ch. 144, Sec. 79. (AB 1847) Effective January 1, 2015.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4 - MENTAL HEALTH › PART 2 - ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED › CHAPTER 3 - Officers and Employees › Section 4321.

4321. (a) (1) The criminal history check authorized by this section is limited to an employee, prospective employee, contractor, subcontractor, and volunteer whose duties include, or would include, access to any of the following:
(A) A State Department of State Hospitals facility.
(B) State Department of State Hospitals patients or clients.
(C) Individuals who are being evaluated for commitment to the State Department of State Hospitals.
(D) Medical Information, as defined by Section 56.05 of the Civil Code.
(E) Criminal offender record information, as defined in Section 11075 of the Penal Code, including federal criminal history information obtained pursuant to subdivision (u) of Section 11105 of the Penal Code.
(b) The State Department of State Hospitals shall submit to the Department of Justice fingerprint images and related information required by the Department of Justice of an employee, prospective employee, contractor, subcontractor, and volunteer, specified in subdivision (a), in accordance with subdivision (u) of Section 11105 of the Penal Code.
(c) The Department of Justice shall provide a state- or federal-level response pursuant to subdivision (p) of Section 11105 of the Penal Code.
(Added by Stats. 2023, Ch. 198, Sec. 21. (SB 152) Effective September 13, 2023.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4 - MENTAL HEALTH › PART 2 - ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED › CHAPTER 4 - County Use of State Hospitals › Section 4332.

4332. (a) Contracts entered into pursuant to Section 4331 shall do all of the following:
(1) Specify the number of beds to be provided.
(2) Specify the rate or rates of reimbursement.
(3) Set forth the specific type of services requested by the county, in detail.
(4) Specify procedures for admission and discharge.
(5) Include any other pertinent terms as agreed to by the department and the county.
(b) The department shall consult, in advance, with the counties regarding any changes in state hospital facilities or operations which would significantly impact access to care or quality of care, or significantly increase costs.
(c)  The department shall make available to counties upon request the basis upon which its rates have been set, including any indirect cost allocation formulas.
(Amended by Stats. 2012, Ch. 24, Sec. 115. (AB 1470) Effective June 27, 2012.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4 - MENTAL HEALTH › PART 2 - ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED › CHAPTER 4 - County Use of State Hospitals › Section 4333.

4333. (a) In the event a county or counties elect to reduce their state hospital resources, beginning July 1, 1992, systemwide state hospital net bed reduction in any one year may not exceed 10 percent of the total for patients under Part 1 (commencing with Section 5000) of Division 5 in the prior year without the specific approval of the Director of State Hospitals.
(b) Net bed reductions at any one hospital may not exceed 10 percent of its contracted beds without specific approval of the Director of State Hospitals.
(c) If the proposed reduction in any year exceeds the maximum permitted amount, the department, with the assistance of counties, shall make every effort to contract for beds with other purchasers.
(d) If total county requests for bed reduction in any one year or at any one facility still exceed the amount of reduction allowed, each county’s share of the reduction shall be determined by taking the ratio of its contracted beds to the total contracted and multiplying this by the total beds permitted to be reduced.
(e) (1) Small counties shall be exempted from the limitations of this section and shall have the amount of their reduction determined by the Director of State Hospitals.
(2) For purposes of this chapter, “small counties” means counties with a population of 125,000 or less based on the most recent available estimates of population data determined by the Demographic Research Unit of the Department of Finance.
(f) It is the intent of the Legislature that counties have maximum flexibility in planning the use of these resources, which includes making full use of existing facilities and that the Director of State Hospitals enforce their exemption authority in a manner consistent with this intent. Because freed-up beds may be purchased by other counties or may be used for other purposes, it is anticipated that individual county flexibility will be substantially greater than the 10-percent figure described in subdivisions (a) and (b).
(g) Counties may annually contract for state hospital beds as single entities or in combination with other counties. For purposes of this section, small counties, as defined in subdivision (e):
(1) Are encouraged to establish regional authorities to pool their resources to assure their ability to provide the necessary array of services to their mentally ill populations not otherwise available to them on an individual basis.
(2) May receive loans from the General Fund when emergency state hospital beds are needed, not to exceed one year in duration, with interest payable at the same rate as that earned through the Pooled Money Investment Fund. Any interest due may be waived based upon a finding of emergency by the Secretary of California Health and Human Services and the Director of Finance.
(Amended by Stats. 2019, Ch. 29, Sec. 141. (SB 82) Effective June 27, 2019.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4 - MENTAL HEALTH › PART 2 - ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED › CHAPTER 4 - County Use of State Hospitals › Section 4333.5.

4333.5. (a) The State Department of State Hospitals shall encourage the counties to use state hospital facilities, in addition to utilizing state hospital beds pursuant to contract, for additional treatment programs through contracts, on either an individual county or regional basis.
(b) For purposes of contracts entered into through encouragement provided by the department pursuant to subdivision (a), costs shall be based on the actual costs to the state, and shall be prorated on an annual lease basis.
(Amended by Stats. 2012, Ch. 24, Sec. 117. (AB 1470) Effective June 27, 2012.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4 - MENTAL HEALTH › PART 2 - ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED › CHAPTER 4 - County Use of State Hospitals › Section 4334.

4334. The State Department of State Hospitals, in collaboration with counties, shall do all of the following:
(a) Prepare and publish a catalogue of available state hospital services. The catalogue shall be updated annually.
(b) Develop a process by which a county or group of counties constituting the primary user of a particular hospital may, upon their request individually, or through selected representatives, participate in long-range planning and program development to ensure the provision of appropriate services.
(c) Ensure direct county involvement in admission to, and discharge from, beds contracted for patients under Part 1 (commencing with Section 5000) of Division 5.
(Amended by Stats. 2012, Ch. 24, Sec. 118. (AB 1470) Effective June 27, 2012.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4 - MENTAL HEALTH › PART 2 - ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED › CHAPTER 4 - County Use of State Hospitals › Section 4335.

4335. Nothing in this chapter is intended to prevent the department from entering into innovative arrangements with counties for delivery of state hospital services. The Director of State Hospitals may contract with a county, or group of counties, for excess state hospital space for purposes of staffing and operating their own program.
(Amended by Stats. 2012, Ch. 24, Sec. 119. (AB 1470) Effective June 27, 2012.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4 - MENTAL HEALTH › PART 3 - DEPARTMENTAL PROGRAM INITIATIVES › CHAPTER 1 - Self-Help Programs › Section 4340.

4340. The State Department of Health Care Services may maintain a statewide mental health prevention program directed toward a reduction in the need for utilization of the treatment system and the development and strengthening of community support and self-help networks. The State Department of State Hospitals may support the establishment of self-help groups, which may be facilitated by an outside entity, subject to the approval of the hospital administrator, at state hospitals.
(Amended by Stats. 2012, Ch. 34, Sec. 72. (SB 1009) Effective June 27, 2012.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4 - MENTAL HEALTH › PART 3 - DEPARTMENTAL PROGRAM INITIATIVES › CHAPTER 2 - Human Resource Development › Section 4341.

4341. (a) In order to ensure the availability of an adequate number of persons from all disciplines necessary to implement appropriate and effective services to severely mentally ill persons of all ages and ethnic groups, the department shall, to the extent resources are available, implement a Human Resources Development Program.
(b) Implementation of the program shall include negotiation with any or all of the following: the University of California, state colleges, community colleges, private universities and colleges, public and private hospitals, and public and private rehabilitation, community care, treatment providers, and professional associations, to arrange affiliations and contracts for educational and training programs to ensure appropriate numbers of graduates with experience in serving severely mentally ill persons in the most cost-effective programs.
(c) The human resources development effort shall be undertaken with active participation of the California Conference of Local Mental Health Directors, client and family representatives, and professional and academic institutions.
(d) The program shall give particular attention to areas of specific expertise where local programs and state hospitals have difficulty recruiting qualified staff, including programs for forensic persistently severely mentally ill children and youth, and severely mentally ill elderly persons. Specific attention shall be given to ensuring the development of a mental health work force with the necessary bilingual and bicultural skills to deliver effective service to the diverse population of the state.
(Amended by Stats. 1991, Ch. 611, Sec. 28. Effective October 7, 1991.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4 - MENTAL HEALTH › PART 3 - DEPARTMENTAL PROGRAM INITIATIVES › CHAPTER 2 - Human Resource Development › Section 4341.5.

4341.5. In order to ensure an adequate number of qualified psychiatrists and psychologists with forensic skills, the State Department of State Hospitals shall, to the extent resources are available, plan with the University of California, private universities, and the California Postsecondary Education Commission, for the development of programs for the training of psychiatrists and psychologists with forensic skills, and recommend appropriate incentive measures, such as state scholarships.
(Amended by Stats. 2012, Ch. 24, Sec. 120. (AB 1470) Effective June 27, 2012.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4 - MENTAL HEALTH › PART 3 - DEPARTMENTAL PROGRAM INITIATIVES › CHAPTER 4 - Primary Intervention Program › Section 4343.

4343. The Legislature recognizes that prevention and early intervention services have long been slighted in the community mental health programs and has identified, as a goal of the Bronzan-McCorquodale program, the prevention of serious mental disorders and psychological problems. It is the intent of the Legislature to establish throughout the state a school-based primary intervention program designed for the early detection and prevention of emotional, behavioral, and learning problems in primary grade children with services provided by child aides or unpaid volunteers under the supervision of mental health professionals. The Legislature recognizes the documented significant improvement of children who have participated in the program over time. The goal of the primary intervention program is to help young children derive maximum profit from the school experience and, in so doing, prevent later-life problems of school failure, unemployment, delinquency, criminal behavior, and substance abuse.
(Amended by Stats. 1991, Ch. 858, Sec. 2. Effective October 14, 1991.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4 - MENTAL HEALTH › PART 3 - DEPARTMENTAL PROGRAM INITIATIVES › CHAPTER 4 - Primary Intervention Program › Section 4344.

4344. Primary intervention programs shall be developed in accordance with the guidelines and principles set forth in this chapter. To this end, school districts, publicly funded preschool programs, and local mental health programs may implement primary intervention programs with available funds, or may jointly apply to the State Department of Mental Health to be considered for grant programs outlined in this chapter.
(Amended by Stats. 1991, Ch. 858, Sec. 3. Effective October 14, 1991.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4 - MENTAL HEALTH › PART 3 - DEPARTMENTAL PROGRAM INITIATIVES › CHAPTER 4 - Primary Intervention Program › Section 4345.

4345. The Director of Mental Health shall develop guidelines for primary intervention programs in accordance with the following:
(a) School-based programs shall serve children in grades kindergarten through three.
(b) The programs may serve children beyond grade three who could benefit from the program but the number of children accepted into the program from grades four and above shall not represent more than 15 percent of the total number of children served.
(c) The programs may serve children enrolled in a publicly funded preschool program.
(d) The programs shall serve children referred by either a screening process, a teacher, school-based mental health professionals, other school personnel who have had opportunities to observe children in interpersonal contacts, or parents. If a screening process is utilized, behavior rating scales shall constitute the primary instrument from which referrals to primary intervention programs are made. To a more limited extent, observations of children working on structured tasks and standardized projective tests may also be used.
(e) The programs may include a parent involvement component.
(f) Before acceptance of a child into a primary intervention program, parental consent is required.
(Amended by Stats. 1991, Ch. 858, Sec. 4. Effective October 14, 1991.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4 - MENTAL HEALTH › PART 3 - DEPARTMENTAL PROGRAM INITIATIVES › CHAPTER 4 - Primary Intervention Program › Section 4346.

4346. (a) Each primary intervention program shall have a core team consisting of school-based mental health professionals, including credentialed school psychologists, school counselors, school social workers, or local mental health program professionals, or a combination thereof, and child aides.
(b) The school-based mental health professionals shall be responsible for accepting referred children into the program, supervision of the child aides, assignment of a child to an aide, evaluation of progress, and determination of termination from the program. The mental health professionals shall supervise the scoring and interpretation of screening and assessment test data, conduct conferences with parents, and evaluate the effectiveness of individual aides.
(c) Child aides, under supervision of the school-based mental health professional, shall conduct weekly play sessions with children served in the primary intervention programs. Child aides may be salaried school aides, unpaid volunteers or other persons with time and interest in working with young children, and who may be provided stipends to meet expenses.
(d) All aides shall undergo a time-limited period of training that is focused on the main intervention strategies of the particular program and is provided prior to direct contacts with the children served in the primary intervention programs. Training shall, at a minimum, include basic child development, crisis intervention, techniques of nondirective play, other intervention skills appropriate to identified problem areas, and instruction in utilizing supervision and consultation.
(Amended by Stats. 1992, Ch. 722, Sec. 18. Effective September 15, 1992.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4 - MENTAL HEALTH › PART 3 - DEPARTMENTAL PROGRAM INITIATIVES › CHAPTER 4 - Primary Intervention Program › Section 4347.

4347. School districts or publicly funded preschools receiving funds under this chapter shall demonstrate a capability for referral to appropriate public and private community services. The referrals shall be made through contacts with families in response to information regarding the need for referral arising from the child aide sessions.
(Amended by Stats. 1991, Ch. 858, Sec. 6. Effective October 14, 1991.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4 - MENTAL HEALTH › PART 3 - DEPARTMENTAL PROGRAM INITIATIVES › CHAPTER 4 - Primary Intervention Program › Section 4349.

4349. The State Department of Mental Health shall, on the basis of applications submitted pursuant to a request for proposal, select recipients of primary intervention program grants based on the following criteria:
(a) Availability of professional and other program staff with related experience and interest in early intervention.
(b) Reasonable evidence of future stability of the program and its personnel.
(c) Representation of a wide range of economic, ethnic, and cultural populations.
(d) Demonstration of strong support by the teaching, pupil services, and administrative personnel at the school or preschool and by the local mental health program.
(e) Assurance that grants would supplement existing local resources.
(Amended by Stats. 1991, Ch. 858, Sec. 8. Effective October 14, 1991.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4 - MENTAL HEALTH › PART 3 - DEPARTMENTAL PROGRAM INITIATIVES › CHAPTER 4 - Primary Intervention Program › Section 4349.5.

4349.5. Grants that have been awarded prior to the effective date of this section shall continue to be subject to the provisions of this chapter, including the grant recipient, matching, and eligibility requirements.
(Added by Stats. 1992, Ch. 722, Sec. 20. Effective September 15, 1992.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4 - MENTAL HEALTH › PART 3 - DEPARTMENTAL PROGRAM INITIATIVES › CHAPTER 4 - Primary Intervention Program › Section 4349.7.

4349.7. Proposals submitted to the department between April 1, 1992, and May 1, 1992, pursuant to Sections 4343 to 4350, inclusive, that received a passing score shall be funded pursuant to Part 4 (commencing with Section 4370). Those grants shall continue to be subject to this chapter, including the matching and eligibility requirements.
(Added by Stats. 1992, Ch. 722, Sec. 21. Effective September 15, 1992.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4 - MENTAL HEALTH › PART 3 - DEPARTMENTAL PROGRAM INITIATIVES › CHAPTER 4 - Primary Intervention Program › Section 4350.5.

4350.5. (a) School districts or county superintendents of schools proposing to serve as grant recipients pursuant to paragraph (3) of subdivision (a) of Section 4348 shall perform the functions described in subdivision (a) of Section 4350.
(b) The county office of education or school district subject to subdivision (a) shall ensure the provision of adequate initial and ongoing case consultation and training for child aides at regular intervals at each program site from qualified mental health professionals.
(Added by Stats. 1991, Ch. 858, Sec. 10. Effective October 14, 1991.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4 - MENTAL HEALTH › PART 3 - DEPARTMENTAL PROGRAM INITIATIVES › CHAPTER 4 - Primary Intervention Program › Section 4351.

4351. The department shall provide for training of program personnel. Funds for this purpose may be appropriated under Section 11489 of the Health and Safety Code, through other special funds, or through the state budget. Training of program personnel may be contracted out to programs designated by the State Department of Mental Health appropriate to provide these services.
(Amended by Stats. 1991, Ch. 858, Sec. 11. Effective October 14, 1991.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4 - MENTAL HEALTH › PART 3 - DEPARTMENTAL PROGRAM INITIATIVES › CHAPTER 4 - Primary Intervention Program › Section 4352.

4352. (a) The State Department of Mental Health shall conduct a review of each primary intervention program at least once during the first year of funding, and thereafter as necessary.
(b) The purposes of the reviews are program improvement and compliance with the guidelines set forth in this chapter. The review procedure shall be adequately flexible for application to primary intervention programs of varying sizes and models.
(c) The State Department of Mental Health may contract for the conducting of reviews with programs appropriate for providing these services. Funds may be appropriated for this purpose pursuant to Section 11489 of the Health and Safety Code, from other special funds, or through the annual Budget Act.
(Amended by Stats. 1991, Ch. 858, Sec. 12. Effective October 14, 1991.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4 - MENTAL HEALTH › PART 3 - DEPARTMENTAL PROGRAM INITIATIVES › CHAPTER 4 - Primary Intervention Program › Section 4352.5.

4352.5. Up to 10 percent of the total state funds available annually for the primary intervention program from all sources may be utilized by the department for administration, training, consultation, and evaluation.
(Added by Stats. 1991, Ch. 858, Sec. 13. Effective October 14, 1991.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4 - MENTAL HEALTH › PART 3 - DEPARTMENTAL PROGRAM INITIATIVES › CHAPTER 5 - Persons With Acquired Traumatic Brain Injury › Section 4353.

4353. The Legislature finds and declares all of the following:
(a) There is a large population of persons who have suffered traumatic brain injuries resulting in significant functional impairment. The annual number of brain injuries is greater than the rates of breast cancer, heart attack, lung cancer, HIV and AIDS, spinal cord injuries, and multiple sclerosis combined.
(b) Roughly 28 percent of all brain injuries are due to a fall, and 20 percent are due to motor vehicle accidents. Those injuries attributable to motor vehicle accidents, however, account for the greatest number of hospitalizations.
(c) There is a lack of awareness of the problems associated with brain injury as a chronic health condition resulting in a significant absence of community reintegration services for persons with brain injuries, including, but not limited to, in-home and out-of-home services, respite care, placement programs, counseling, cognitive rehabilitation, transitional living, and vocational rehabilitation services.
(d) Although there are currently a number of different programs attempting to meet the needs of the persons with brain injuries in the field of community reintegration, there is no clearly defined ultimate responsibility vested in any single state agency. This section does not mandate services for persons with acquired traumatic brain injury through county and city programs.
(e) While formal standards of care exist for both medical and rehabilitative models within the system of brain injury care, the same cannot be said with regard to community reintegration services. Currently, there is no programmatic coordination among agencies to facilitate the provision of a continuing range of services appropriate for persons with traumatic brain injuries.
(f) There is a serious gap in postacute care services for the life of the brain injury survivor, resulting in incomplete recovery of functional potential.
(g) Due to the problems referred to in this section, the state is not adequately meeting the needs of persons with brain injuries by enabling them to return to work and to lead productive lives.
(Amended by Stats. 2018, Ch. 402, Sec. 1. (SB 398) Effective January 1, 2019.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4 - MENTAL HEALTH › PART 3 - DEPARTMENTAL PROGRAM INITIATIVES › CHAPTER 5 - Persons With Acquired Traumatic Brain Injury › Section 4354.5.

4354.5. The Legislature finds and declares all of the following:
(a) Traumatic brain injuries have a long-term impact on the survivors, their families, caregivers, and support systems.
(b) Long-term care consumers experience great differences in service levels, eligibility criteria, and service availability, resulting in inappropriate and expensive care that fails to be responsive to their needs.
(c) To the maximum extent feasible, the department shall pursue all available sources of funding.
(d) If new sources of funding are secured that will permit expanding the existing Traumatic Brain Injury Program, the department shall fund an array of appropriate services and assistance to adults 18 years of age and older with traumatic brain injuries in those areas of the state with the greatest need.
(e) Implementation of this chapter shall be consistent with the state’s public policy strategy to design a coordinated services delivery system pursuant to Article 4.05 (commencing with Section 14139.05) of Chapter 7 of Part 3 of Division 9.
(Amended by Stats. 2018, Ch. 402, Sec. 2. (SB 398) Effective January 1, 2019.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4 - MENTAL HEALTH › PART 3 - DEPARTMENTAL PROGRAM INITIATIVES › CHAPTER 5 - Persons With Acquired Traumatic Brain Injury › Section 4355.

4355. (a) On or before July 1, 2024, the department shall determine requirements related to service delivery, uniform data collection, and other aspects of program administration, in addition to those specified in Section 4357, that service providers participating in the traumatic brain injury program must meet. This may include, but is not limited to, requiring service providers to be approved as community reintegration programs eligible to serve consumers.
(b) On or before July 1, 2024, the department shall do all of the following:
(1) Determine the level of funding necessary to permit a service provider to meet all applicable requirements and adequately serve its designated service area.
(2) Determine the number of sites that can be supported with available funding.
(3) If funding is available, solicit applications from new organizations interested in and qualified to provide services pursuant to this chapter, and select those best qualified to do so, with priority given to applicants that have proven experience in providing effective community reintegration services to persons with acquired traumatic brain injuries, including, but not limited to, supported living services, caregiver support, and family and community education.
(c) The department shall meet periodically with traumatic brain injury service providers for discussion of topics, including, but not limited to, the development and implementation of performance standards and data collection processes, eligibility requirements, program administration, pursuit of funding, and refinement of the traumatic brain injury continuum of care.
(Amended by Stats. 2018, Ch. 402, Sec. 3. (SB 398) Effective January 1, 2019.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4 - MENTAL HEALTH › PART 3 - DEPARTMENTAL PROGRAM INITIATIVES › CHAPTER 5 - Persons With Acquired Traumatic Brain Injury › Section 4356.

4356. Using data collected consistent with requirements established pursuant to subdivision (a) of Section 4355, the department shall monitor and evaluate the performance of service providers.
(Repealed and added by Stats. 2009, Ch. 439, Sec. 6. (AB 398) Effective January 1, 2010.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4 - MENTAL HEALTH › PART 3 - DEPARTMENTAL PROGRAM INITIATIVES › CHAPTER 5 - Persons With Acquired Traumatic Brain Injury › Section 4357.1.

4357.1. (a) The department may make grants from the funds in the Traumatic Brain Injury Fund, established in Section 4358, to service providers for the purpose of carrying out the programs detailed in this chapter.
(b) Contracts or grants awarded pursuant to this chapter, including contracts required for administration or ancillary services in support of programs, shall be exempt from the requirements of the Public Contract Code and the State Administrative Manual, and from approval by the Department of General Services.
(c) Grants awarded to service providers pursuant to this chapter shall be subject to open competition every three years, unless the department elects to extend one or more grants and delay competition for those grants by a maximum of two additional years.
(Amended by Stats. 2009, Ch. 439, Sec. 8. (AB 398) Effective January 1, 2010.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4 - MENTAL HEALTH › PART 3 - DEPARTMENTAL PROGRAM INITIATIVES › CHAPTER 5 - Persons With Acquired Traumatic Brain Injury › Section 4358.

4358. There is hereby created in the State Treasury the Traumatic Brain Injury Fund, the moneys in which may, upon appropriation by the Legislature, be expended for the purposes of this chapter.
(Added by Stats. 1991, Ch. 89, Sec. 51. Effective June 30, 1991.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4 - MENTAL HEALTH › PART 3 - DEPARTMENTAL PROGRAM INITIATIVES › CHAPTER 5 - Persons With Acquired Traumatic Brain Injury › Section 4358.5.

4358.5. Funds deposited into the Traumatic Brain Injury Fund pursuant to subdivision (f) of Section 1464 of the Penal Code may be matched by federal vocational rehabilitation services funds for implementation of the Traumatic Brain Injury program pursuant to this chapter. However, this matching of funds shall occur only to the extent it is permitted by other state and federal law, and to the extent the matching of funds would be consistent with the policies and priorities of the department.
(Amended by Stats. 2017, Ch. 17, Sec. 62. (AB 103) Effective June 27, 2017.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4 - MENTAL HEALTH › PART 3 - DEPARTMENTAL PROGRAM INITIATIVES › CHAPTER 6 - Conditional Release Program › Section 4360.

4360. (a) The State Department of State Hospitals shall provide mental health treatment and supervision in the community for judicially committed persons. The program established and administered by the department under this chapter to provide these services shall be known as the Forensic Conditional Release Program and may be used by the department in accordance with this section to provide services in the community to other patient populations for which the department has direct responsibility.
(b) The State Department of State Hospitals may provide directly, or through contract with private providers or counties, for these services, including administrative and ancillary services related to the provision of direct services. These contracts shall be exempt from the requirements contained in the Public Contract Code and the State Administrative Manual, and from approval by the Department of General Services. Subject to approval by the State Department of State Hospitals, a county or private provider under contract to the department to provide these services may subcontract with private providers for those services.
(c) Notwithstanding Section 5328, programs providing services pursuant to this section may inform a local law enforcement agency of the names and addresses of program participants who reside within that agency’s jurisdiction. Providing notice under this subdivision does not relieve a person or entity of any statutory duty.
(Amended by Stats. 2012, Ch. 24, Sec. 121. (AB 1470) Effective June 27, 2012.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4 - MENTAL HEALTH › PART 3 - DEPARTMENTAL PROGRAM INITIATIVES › CHAPTER 6 - Conditional Release Program › Section 4360.5.

4360.5. (a) The State Department of State Hospitals shall establish a statewide panel of independent evaluators responsible for Forensic Conditional Release Program placement determinations for patients committed to the department and transitioning to community treatment settings for services pursuant to Section 4360.
(b) The purpose of the statewide independent evaluation panel is to identify state hospital patients who are ready for discharge to the Forensic Conditional Release Program pursuant to Section 4360, to promote successful community reintegration. The panel may consist of both contracted and civil service licensed psychologists and licensed social workers designated by the department. A licensed psychologist or licensed social worker panel member shall evaluate the state hospital patient to determine if the patient is suitable for community outpatient treatment and to determine whether an appropriate placement is available for the patient in the community-based treatment system based upon guidelines provided by the department, including the use of evidence-based risk assessment tools for all community release determinations. The panel member shall provide the court that has jurisdiction over the patient’s placement with a written placement recommendation on behalf of the statewide independent evaluation panel.
(c) The statewide independent evaluation panel shall be used either independently or in conjunction with the community program director, designated pursuant to Section 1605 of the Penal Code, to provide placement recommendations for patients committed to the State Department of State Hospitals on appropriateness for the Forensic Conditional Release Program. The department shall determine whether the statewide independent evaluation panel or the community program director, or both, is responsible for case reviews and placement recommendation.
(d) The department shall conduct an evaluation of the effectiveness of the program created pursuant to this section to determine whether to extend the use of the statewide independent evaluation panel after June 30, 2026.
(e) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department may implement, interpret, or make specific this section by means of a departmental letter or other similar instruction, as necessary.
(f) Contracts awarded pursuant to this statute are exempt from the requirements contained in the Public Contract Code and the State Administrative Manual and are not subject to approval by the Department of General Services.
(g)  This section shall remain in effect only until June 30, 2026, and as of that date is repealed.
(Added by Stats. 2022, Ch. 47, Sec. 55. (SB 184) Effective June 30, 2022. Repealed as of June 30, 2026, by its own provisions.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4 - MENTAL HEALTH › PART 3 - DEPARTMENTAL PROGRAM INITIATIVES › CHAPTER 6.7 - State Department of State Hospitals: Contracting Facilities › Section 4361.5.

4361.5. For purposes of this chapter, “department” means the State Department of State Hospitals.
(Added by Stats. 2021, Ch. 143, Sec. 353. (AB 133) Effective July 27, 2021.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4 - MENTAL HEALTH › PART 3 - DEPARTMENTAL PROGRAM INITIATIVES › CHAPTER 6.7 - State Department of State Hospitals: Contracting Facilities › Section 4361.6.

4361.6. (a) Subject to an appropriation by the Legislature for this express purpose, the department may contract as follows:
(1) For subacute bed capacity, including, but not limited to, institutions for mental disease, mental health rehabilitation centers, skilled nursing facilities, or any other treatment options, such as community-based restoration of competency services, to address the increasing number of patient referrals to the department.
(2) With private or public entities to house and treat individuals committed to the department pursuant to Sections 1026, 1370, and 2972 of the Penal Code or Section 5358 of this code. Contracted funds may include any of the following:
(A) Program implementation costs.
(B) Construction costs, including funds for projects to build new facilities or modify, expand, or retrofit an existing space.
(C) One-time purchases of patient and staff furnishings and minor equipment.
(D) Activities related to recruitment and training of staff before program activation.
(E) Operating expenses.
(b) Contracts awarded pursuant to this chapter shall be exempt from the requirements contained in Section 19130 of the Government Code, the Public Contract Code, Section 4101.5 of this code, and the State Administrative Manual. These contracts shall not be subject to approval by the Department of General Services.
(c) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department may implement, interpret, or make specific this section by means of a departmental letter or other similar instruction, as necessary.
(Amended by Stats. 2022, Ch. 738, Sec. 13. (AB 204) Effective September 29, 2022.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4 - MENTAL HEALTH › PART 3 - DEPARTMENTAL PROGRAM INITIATIVES › CHAPTER 6.7 - State Department of State Hospitals: Contracting Facilities › Section 4361.7.

4361.7. (a) Subject to an appropriation by the Legislature for this express purpose, the department may contract for medical, evaluation, and other services as necessary to facilitate early access to treatment for individuals in county jails who have been deemed incompetent to stand trial on a felony charge.
(b) County jails shall allow the department and any of its contractors or designees reasonable access to its facilities and individuals deemed incompetent to stand trial on a felony charge to provide early access treatment.
(c) The department may petition for and participate in involuntary medication hearings pursuant to Section 1370 of the Penal Code for individuals housed in county jails who are being treated by department employees or contractors. Nothing in this section shall remove the ability or responsibility of a jail to utilize existing authority to seek an involuntary medication order for individuals or to provide other medical or mental health care.
(d) Contracts awarded pursuant to this chapter are exempt from the requirements contained in Section 19130 of the Government Code, the Public Contract Code, Section 4101.5 of this code, and the State Administrative Manual. These contracts are not subject to approval by the Department of General Services.
(e) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department may implement, interpret, or make specific this section by means of a departmental letter or other similar instruction, as necessary.
(Added by Stats. 2022, Ch. 47, Sec. 57. (SB 184) Effective June 30, 2022.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4 - MENTAL HEALTH › PART 3 - DEPARTMENTAL PROGRAM INITIATIVES › CHAPTER 8 - State Program Of Problem Gambling › Section 4369.

4369. There is within the State Department of Public Health, the Office of Problem Gambling.
(Amended by Stats. 2015, Ch. 18, Sec. 27. (SB 75) Effective June 24, 2015.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4 - MENTAL HEALTH › PART 3 - DEPARTMENTAL PROGRAM INITIATIVES › CHAPTER 8 - State Program Of Problem Gambling › Section 4369.1.

4369.1. As used in this chapter, the following definitions shall apply:
(a) “Affected individual” means a person who experiences adverse psychiatric or physical impacts due to another person’s gambling disorder.
(b) “Department” means the State Department of Public Health.
(c) “Gambling disorder” means a condition that causes the person to be unable to resist impulses to gamble, which can lead to harmful negative consequences, and that meets the diagnostic criteria set forth in the American Psychiatric Association’s Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition. Gambling disorder includes both pathological and problem gambling behavior.
(d) “Office” means the Office of Problem Gambling.
(e) “Prevention program” means a program designed to reduce the prevalence of gambling disorders among California residents. The program shall include, but is not limited to, public education and awareness, outreach to high-risk populations, early identification and responsible gambling programs.
(f) “Treatment program” means a program designed to assist individuals who experience harmful negative consequences related to gambling disorders. This program shall include, but is not limited to, training and educating providers, establishing a provider network for the provision of treatment services, and conducting research to ensure the delivery of evidence-based practices.
(Amended by Stats. 2015, Ch. 18, Sec. 28. (SB 75) Effective June 24, 2015.)