reglab/statecodes huggingface dataset:
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 2 - THE BRONZAN-MCCORQUODALE ACT › CHAPTER 2.5 - Program Initiatives › ARTICLE 6 - Regional Facilities for Seriously Emotionally Disturbed Wards › Section 5696.2.

5696.2. No ward shall be admitted to any regional facility described in this chapter who meets any of the following criteria:
(a) The ward has a primary substance abuse problem.
(b) The ward has a primary developmental disability.
(c) The ward requires an acute psychiatric hospital setting.
(d) The ward can benefit from or requires a level of treatment or confinement not provided at the facility.
(e) The ward suffers from a medical condition which requires ongoing nursing and medical care, beyond the level that the program can provide.
(f) The ward is under conservatorship established pursuant to Chapter 3 (commencing with Section 5350) of this part.
(Added by Stats. 1991, Ch. 89, Sec. 170. Effective June 30, 1991.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 2 - THE BRONZAN-MCCORQUODALE ACT › CHAPTER 2.5 - Program Initiatives › ARTICLE 6 - Regional Facilities for Seriously Emotionally Disturbed Wards › Section 5696.5.

5696.5. Prior to the opening of a facility, the board of directors shall establish written program standards and policies and procedures, approved by the Division of Juvenile Facilities that address and include, but are not limited to, the following:
(a) A staffing number and pattern that meets the special behavior, supervision, treatment, health, and educational needs of the population described in this chapter. Staff shall be qualified to provide intensive treatment and services and shall include, at a minimum:
(1) A project or clinical director, a psychiatrist or psychologist, a social worker, a registered nurse, and a recreation or occupational therapist.
(2) A pediatrician and a dentist, and a licensed marriage and family therapist or a licensed professional clinical counselor, or both of those professionals, on an as-needed basis.
(3) Educational staff in sufficient number and with the qualifications needed to meet the population served.
(4) Child care staff in sufficient numbers and with the qualifications needed to meet the special needs of the population.
(b) Programming to meet the needs of all wards admitted, including, but not limited to, all of the following:
(1) Physical examinations on admission and ongoing health care.
(2) Appropriate and closely monitored use of all behavioral management techniques.
(3) The establishment of written, individual treatment and educational plans and goals for each ward within 10 days of admission and which are updated at least quarterly.
(4) Written discharge planning that addresses each ward’s continued treatment, educational, and supervision needs.
(5) Regular, written progress records regarding the care and treatment of each ward.
(6) Regular and structured treatment of all wards, including, but not limited to, individual, group and family therapy, psychological testing, medication, and occupational, or recreational therapy.
(7) Access to neurological testing and laboratory work as needed.
(8) The opportunity for regular family contact and involvement.
(9) A periodic review of the continued need for treatment within the facility.
(10) Educational programming, including special education as needed.
(Amended by Stats. 2011, Ch. 381, Sec. 46. (SB 146) Effective January 1, 2012.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 2 - THE BRONZAN-MCCORQUODALE ACT › CHAPTER 2.5 - Program Initiatives › ARTICLE 6 - Regional Facilities for Seriously Emotionally Disturbed Wards › Section 5696.7.

5696.7. Wards shall be referred for admission to the director of a regional facility following screening and approval through a joint mental health and probation screening committee in the county which refers the minor. This screening process shall be defined in the standards, policies, and procedures governing the operation of the facility. The probation officer shall, in consultation and cooperation with the county mental health staff, process the ward’s admission to the facility and implement the discharge plan.
(Added by Stats. 1991, Ch. 89, Sec. 170. Effective June 30, 1991.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 2 - THE BRONZAN-MCCORQUODALE ACT › CHAPTER 2.5 - Program Initiatives › ARTICLE 6 - Regional Facilities for Seriously Emotionally Disturbed Wards › Section 5697.

5697. The regional board of directors shall contract with the county in which the regional facility is located for the provision of a public education program which will meet the educational requirements and needs of the wards admitted to the facility.
(Repealed (by Sec. 167) and added by Stats. 1991, Ch. 89, Sec. 170. Effective June 30, 1991.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 2 - THE BRONZAN-MCCORQUODALE ACT › CHAPTER 2.5 - Program Initiatives › ARTICLE 6 - Regional Facilities for Seriously Emotionally Disturbed Wards › Section 5697.2.

5697.2. The board of directors of a regional facility shall submit to the Director of the Youth Authority, a report which includes, at a minimum, a description of the regional facility, the population to be served, criteria for admission and release, program goals and services, staffing, a postrelease component, appropriate educational programming, an annual evaluation component, and a proposed budget.
(Added by Stats. 1991, Ch. 89, Sec. 170. Effective June 30, 1991.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 2 - THE BRONZAN-MCCORQUODALE ACT › CHAPTER 2.5 - Program Initiatives › ARTICLE 6 - Regional Facilities for Seriously Emotionally Disturbed Wards › Section 5697.5.

5697.5. The Director of the Youth Authority, in conjunction with the Director of Mental Health, shall adopt rules and regulations to establish, monitor, and enforce minimum standards for regional facilities.
(Added by Stats. 1991, Ch. 89, Sec. 170. Effective June 30, 1991.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 2 - THE BRONZAN-MCCORQUODALE ACT › CHAPTER 2.5 - Program Initiatives › ARTICLE 7 - System of Care for Seriously Emotionally Disturbed Children and Youth › Section 5698.

5698. It is the intent of the Legislature to encourage in each county a system of care for seriously emotionally disturbed children and youth. This system of care should be based upon the following principles:
(a) A defined range of interagency services, blended programs and program standards that facilitate appropriate service delivery in the least restrictive environment as close to home as possible. The system should use available and accessible intensive home and school-based alternatives.
(b) A defined mechanism to ensure that services are child centered and family focused with parental participation in all aspects of the planning and delivery of service.
(c) A formalized multiagency policy making council and an interagency case management services council. The roles and responsibilities of these councils should be specified in existing interagency agreements or memoranda of understanding, or both.
(d) A defined interagency case management system designed to facilitate services to the defined target population.
(e) A defined mechanism to ensure that services are culturally competent.
(Repealed (by Sec. 169) and added by Stats. 1991, Ch. 89, Sec. 171. Effective June 30, 1991.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 2 - THE BRONZAN-MCCORQUODALE ACT › CHAPTER 2.7 - Case Management for Children With Serious Emotional Disturbance › Section 5699.

5699. (a) The Legislature finds and declares all of the following:
(1) That mental health case management services required for children with serious emotional disturbance are different than these services for clients with mental health disorders described in Chapter 2.5 (commencing with Section 5670).
(2) That mental health case management services for children with serious emotional disturbance are not defined in statute.
(3) That the development of mental health case management for these children would ensure comprehensive appraisal and utilization of the most appropriate resources within the children’s environment, as well as the maintenance and strengthening of family ties.
(b) It is the intent of the Legislature to encourage the development of mental health case management services for children with serious emotional disturbance who are separated or at risk of being separated from their families and require mental health treatment, to the extent resources are available. It is further the intent of the Legislature that mental health case management for children with serious emotional disturbance in this state be developed in accordance with the definitions and guidelines contained in this chapter.
(Amended by Stats. 2014, Ch. 144, Sec. 103. (AB 1847) Effective January 1, 2015.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 2 - THE BRONZAN-MCCORQUODALE ACT › CHAPTER 2.7 - Case Management for Children With Serious Emotional Disturbance › Section 5699.1.

5699.1. Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
(Added by renumbering Section 5692.5 (as renumbered from 5678.1 by Stats. 1991, Ch. 89) by Stats. 1991, Ch. 611, Sec. 51. Effective October 7, 1991.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 2 - THE BRONZAN-MCCORQUODALE ACT › CHAPTER 2.7 - Case Management for Children With Serious Emotional Disturbance › Section 5699.2.

5699.2. Children identified for case management services under this section shall be minors under 18 years of age described in Section 5600.3 as seriously emotionally disturbed, and who also meet one or more of the following criteria:
(a) A child who is a ward or dependent of the juvenile court pursuant to Section 300, 601, or 602 and is placed out-of-home.
(b) A child who is a special education student defined in paragraph 8 of subdivision (b) of Section 300.5 of Title 34 of the Code of Federal Regulations and is receiving residential care pursuant to an individual educational program. This section also includes special education students through age 21 identified in paragraph (4) of subdivision (c) of Section 56026 of the Education Code.
(c) An inpatient in a psychiatric hospital, psychiatric health facility, or residential treatment facility receiving services either on a voluntary or involuntary basis.
(d) An outpatient receiving intensive non-24-hour mental health treatment, such as day treatment or crisis services who is “at risk” of psychiatric hospitalization or out-of-home placement for residential treatment.
(Amended by Stats. 1992, Ch. 1374, Sec. 34. Effective October 28, 1992.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 2 - THE BRONZAN-MCCORQUODALE ACT › CHAPTER 2.7 - Case Management for Children With Serious Emotional Disturbance › Section 5699.3.

5699.3. “Individual treatment plan” means a plan that includes all of the following:
(a) An assessment of the minor’s specific capabilities and problems.
(b) A statement of specific, time-limited objectives for improving the capabilities and resolving the problems. The objectives shall be stated in measurable terms which allow measurement of progress.
(c) A schedule of the type and amount of services to achieve treatment plan objectives, including identification of the provider or providers of service responsible for attaining each objective.
(d) A schedule of regular periodic review and reassessment to ascertain that planned services have been provided and that objectives have been reached within the times specified.
(Added by renumbering Section 5699.1 (as renumbered from 5678.3 by Stats. 1991, Ch. 89) by Stats. 1991, Ch. 611, Sec. 54. Effective October 7, 1991.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 2 - THE BRONZAN-MCCORQUODALE ACT › CHAPTER 2.7 - Case Management for Children With Serious Emotional Disturbance › Section 5699.4.

5699.4. On and after January 1, 1987, any county may provide case management services for children with serious emotional disturbance pursuant to this chapter. The case management services may include all of the following:
(a) Development of an individual treatment plan for each child. The plan shall be collaboratively prepared and reviewed and modified, if necessary, at least annually, by one representative of the mental health program, the parents, legal guardian, conservator, or court appointed social worker or probation officer, and, where appropriate, the minor.
(b) Assignment of a mental health case manager to each child. The duties of the mental health case manager may include, but not be limited to, all of the following:
(1) Coordinating an ecological assessment of the child’s needs which evaluates the child both individually and in relation to his or her family, school, and community environments.
(2) Developing, implementing, monitoring, and reviewing each individual treatment plan that addresses the identified needs.
(3) Linking and arranging or providing for the needed services.
(4) Monitoring the adequacy of the services provided.
(5) Advocating for the minor.
(Added by renumbering Section 5699.2 (as renumbered from 5678.5 by Stats. 1991, Ch. 89) by Stats. 1991, Ch. 611, Sec. 55. Effective October 7, 1991.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 2 - THE BRONZAN-MCCORQUODALE ACT › CHAPTER 2.7 - Case Management for Children With Serious Emotional Disturbance › Section 5699.5.

5699.5. Nothing in this chapter shall be construed to authorize the use of state funds to provide services under this chapter or to enforce the provisions of this chapter.
(Added by renumbering Section 5678.6 by Stats. 1991, Ch. 89, Sec. 141. Effective June 30, 1991.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 2 - THE BRONZAN-MCCORQUODALE ACT › CHAPTER 3 - Financial Provisions › Section 5700.

5700. (a) The Legislature recognizes that mental health services provided by county mental health programs are funded from the following general categories or sources of public funding:
(1) Funds received by counties from the Local Revenue Fund and county funds necessary to meet the federal maintenance of effort requirements.
(2) Funds from appropriations made to the department or for which the department is responsible for administering, which are designated for local mental health services.
(3) Reimbursements through the Medi-Cal program for mental health services to Medi-Cal eligible individuals receiving mental health services from county mental health programs.
(4) Funds from county or local appropriations which are designated for local mental health services.
(b) The Legislature further recognizes that there are procedures and requirements which are unique to each category set forth in subdivision (a), as well as procedures and requirements which apply to all four categories.
(Repealed and added by Stats. 1991, Ch. 89, Sec. 174. Effective June 30, 1991.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 2 - THE BRONZAN-MCCORQUODALE ACT › CHAPTER 3 - Financial Provisions › Section 5701.

5701. (a) To achieve equity of funding, available funding for local mental health programs beyond the funding provided pursuant to Section 17601 shall be distributed to cities, counties, and cities and counties pursuant to the procedures described in subdivision (c) of Section 17606.05.
(b) Funding provided pursuant to Section 6 of Article XIII B of the California Constitution, funding provided pursuant to subdivision (c), and funding provided for future pilot projects shall be exempt from the requirements of subdivision (a).
(c) Effective in the 2012–13 fiscal year and each year thereafter:
(1) The State Department of Health Care Services shall annually identify from mental health block grant funds provided by the federal government, the maximum amount that federal law and regulation permit to be allocated to counties and cities and counties pursuant to this subdivision. This section shall apply to any federal mental health block grant funds in excess of the following:
(A) Funds for departmental support.
(B) Amounts awarded to counties and cities and counties for children’s systems of care programs pursuant to Part 4 (commencing with Section 5850).
(C) Amounts appropriated by the Legislature for the purposes of this part.
(2) Notwithstanding subdivision (a), annually the State Department of Health Care Services shall allocate to counties and cities and counties the funds identified in paragraph (1), not to exceed forty million dollars ($40,000,000) in any year. The allocations shall be proportional to each county’s and each city and county’s percentage of the forty million dollars ($40,000,000) in Cigarette and Tobacco Products Surtax funds that were allocated to local mental health programs in the 1991–92 fiscal year.
(3) Monthly, the Controller shall allocate funds from the Vehicle License Collection Account of the Local Revenue Fund to counties and cities and counties for mental health services. Allocations shall be made to each county or city and county in the same percentages as described in paragraph (2), until the total of the funds allocated to all counties in each year pursuant to paragraph (2) and this paragraph reaches forty million dollars ($40,000,000).
(4) Funds allocated to counties and cities and counties pursuant to paragraphs (2) and (3) shall not be subject to Section 17606.05.
(5) Funds that are available for allocation in any year in excess of the forty million dollar ($40,000,000) limits described in paragraph (2) or (3) shall be deposited into the Mental Health Subaccount of the Local Revenue Fund.
(6) Nothing in this section is intended to, nor shall it, change the base allocation of any city, county, or city and county as provided in Section 17601.
(Amended by Stats. 2012, Ch. 34, Sec. 139. (SB 1009) Effective June 27, 2012.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 2 - THE BRONZAN-MCCORQUODALE ACT › CHAPTER 3 - Financial Provisions › Section 5701.1.

5701.1. Notwithstanding Section 5701, the State Department of Health Care Services, in consultation with the County Behavioral Health Directors Association of California and the California Behavioral Health Planning Council, may utilize funding from the Substance Abuse and Mental Health Services Administration Block Grant, awarded to the State Department of Health Care Services, above the funding level provided in federal fiscal year 1998, for the development of innovative programs for identified target populations, upon appropriation by the Legislature.
(Amended by Stats. 2017, Ch. 511, Sec. 9. (AB 1688) Effective January 1, 2018.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 2 - THE BRONZAN-MCCORQUODALE ACT › CHAPTER 3 - Financial Provisions › Section 5701.2.

5701.2. (a) The State Department of Mental Health, or its successor, the State Department of State Hospitals, shall maintain records of any transfer of funds or state hospital beds made pursuant to Chapter 1341 of the Statutes of 1991.
(b) Commencing with the 1991–92 fiscal year, the State Department of Mental Health, or its successor, the State Department of State Hospitals, shall maintain records that set forth that portion of each county’s allocation of state mental health moneys that represent the dollar equivalent attributed to each county’s state hospital beds or bed days, or both, that were allocated as of May 1, 1991. The State Department of Mental Health, or its successor, the State Department of State Hospitals, shall provide a written summary of these records to the appropriate committees of the Legislature and the County Behavioral Health Directors Association of California within 30 days after the enactment of the annual Budget Act.
(c) Nothing in this section is intended to change the counties’ base allocations as provided in subdivisions (a) and (b) of Section 17601.
(Amended by Stats. 2015, Ch. 455, Sec. 37. (SB 804) Effective January 1, 2016.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 2 - THE BRONZAN-MCCORQUODALE ACT › CHAPTER 3 - Financial Provisions › Section 5701.4.

5701.4. Costs that were reimbursed, prior to July 1, 1991, from the local assistance appropriation contained in Item 4440-101-001 of the annual Budget Act, shall be reimbursed from funds received by counties pursuant to this chapter.
(Added by Stats. 1991, Ch. 89, Sec. 174. Effective June 30, 1991.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 2 - THE BRONZAN-MCCORQUODALE ACT › CHAPTER 3 - Financial Provisions › Section 5701.5.

5701.5. City-operated Bronzan-McCorquodale programs paid by the state under Section 5615 shall be directly funded in accordance with this chapter.
(Added by Stats. 1991, Ch. 89, Sec. 174. Effective June 30, 1991.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 2 - THE BRONZAN-MCCORQUODALE ACT › CHAPTER 3 - Financial Provisions › Section 5702.

5702. For the purposes of this part, the definition of maintenance of effort contained in Section 17608.05 shall apply.
(Repealed and added by Stats. 1991, Ch. 89, Sec. 174. Effective June 30, 1991.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 2 - THE BRONZAN-MCCORQUODALE ACT › CHAPTER 3 - Financial Provisions › Section 5703.

5703. Nothing in this chapter shall prevent a county, or counties acting jointly, from appropriating additional funds for mental health services. In no event shall counties be required to appropriate more than the amount required under the provisions of this chapter.
(Repealed and added by Stats. 1991, Ch. 89, Sec. 174. Effective June 30, 1991.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 2 - THE BRONZAN-MCCORQUODALE ACT › CHAPTER 3 - Financial Provisions › Section 5704.

5704. Funds described in paragraphs (1) and (2) of subdivision (a) of Section 5700 shall be deposited in the mental health account of the local health and welfare trust fund and shall only be used to fund expenditures for the costs of mental health services as delineated in regulations promulgated by the department, and shall not be used to fund expenditures for costs excluded by Section 5714 or for costs specifically excluded from funding from this source by any other provision of law.
(Amended by Stats. 1991, Ch. 611, Sec. 58. Effective October 7, 1991.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 2 - THE BRONZAN-MCCORQUODALE ACT › CHAPTER 3 - Financial Provisions › Section 5704.5.

5704.5. (a) It is the intent of the Legislature that special consideration be given to children’s services in funding county services to expand existing programs or to establish new programs.
(b) A county may not decrease the proportion of its funding expended for children’s services below the proportion expended in the 1983–84 fiscal year unless a determination has been made by the governing body in a noticed public hearing that the need for new or expanded services to persons under age 18 has significantly decreased.
(Repealed and added by Stats. 1991, Ch. 89, Sec. 174. Effective June 30, 1991.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 2 - THE BRONZAN-MCCORQUODALE ACT › CHAPTER 3 - Financial Provisions › Section 5704.6.

5704.6. (a) Except as provided in subdivision (c), each county shall allocate for services to persons under age 18, 50 percent of the amount of any funding augmentation received for new or expanded mental health programs until the amount expended for mental health services to persons under age 18 equals not less than 25 percent of the county’s gross budget for mental health or not less than the percentage of persons under age 18 in the total population of the county, whichever percentage is less. Once achieved, this minimum ratio shall be maintained continuously thereafter.
(b) As used in this section, the term “new or expanded mental health programs” does not include any programs which are required by statute, or programs which provide alternatives to hospitalization for patients of state hospitals.
(c) From each funding augmentation for new or expanded mental health programs, a county may allocate to persons under age 18 an amount less than the percentage required in subdivision (a) when a determination has been made by the governing body in a noticed public hearing that the need for new or expanded services to persons under age 18 does not exist or is less than the need for services to one or more specified groups of adults.
(Repealed and added by Stats. 1991, Ch. 89, Sec. 174. Effective June 30, 1991.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 2 - THE BRONZAN-MCCORQUODALE ACT › CHAPTER 3 - Financial Provisions › Section 5705.

5705. (a) Negotiated net amounts may be used as the cost of services in contracts between the county and a subprovider of services. A negotiated net amount shall be determined by calculating the total budget for services for a program or a component of a program, less the amount of projected revenue. All participating government funding sources, except for the Medi-Cal program (Chapter 7 (commencing with Section 14000) of Part 3 of Division 9), shall be bound to that amount as the cost of providing all or part of the total county mental health program as described in the county performance contract for each fiscal year, to the extent that the governmental funding source participates in funding the county mental health programs. Where the State Department of Health Care Services promulgates regulations for determining reimbursement of mental health services allowable under the Medi-Cal program, those regulations shall be controlling as to the rates for reimbursement of mental health services allowable under the Medi-Cal program and rendered to Medi-Cal beneficiaries. Providers under this subdivision shall report to the State Department of Health Care Services and local mental health programs any information required by the State Department of Health Care Services in accordance with procedures established by the Director of Health Care Services.
(b) Notwithstanding any other provision of this division or Division 9 (commencing with Section 10000), absent a finding of fraud, abuse, or failure to achieve contract objectives, no restrictions, other than any contained in the contract, shall be placed upon a provider’s expenditure pursuant to this section.
(Amended by Stats. 2012, Ch. 34, Sec. 141. (SB 1009) Effective June 27, 2012.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 2 - THE BRONZAN-MCCORQUODALE ACT › CHAPTER 3 - Financial Provisions › Section 5706.

5706. Notwithstanding any other provision of law, the portions of the county mental health services performance contract which become a contractual arrangement between the county and the department shall be exempt from the requirements contained in the Public Contract Code and the State Administrative Manual, and shall be exempt from approval by the Department of General Services.
(Added by Stats. 1991, Ch. 89, Sec. 174. Effective June 30, 1991.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 2 - THE BRONZAN-MCCORQUODALE ACT › CHAPTER 3 - Financial Provisions › Section 5707.

5707. Funds appropriated to the State Department of Health Care Services which are designated for local mental health services and funds which the State Department of Health Care Services is responsible for allocating or administering, including, but not limited to, federal block grants funds, shall be expended in accordance with this section and Sections 5710 to 5717, inclusive, except when there are conflicting federal requirements, in which case the federal requirements shall be controlling.
(Amended by Stats. 2012, Ch. 34, Sec. 142. (SB 1009) Effective June 27, 2012.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 2 - THE BRONZAN-MCCORQUODALE ACT › CHAPTER 3 - Financial Provisions › Section 5709.

5709. (a) A county shall not charge fees for Medi-Cal specialty mental health services to Medi-Cal beneficiaries who do not have a share of cost or Medi-Cal beneficiaries who have met their share of cost pursuant to Section 14005.9. Regardless of the funding source involved, a county may charge fees to individuals who are not Medi-Cal beneficiaries and Medi-Cal beneficiaries who have a share of cost that has not been met, in accordance with their ability to pay for community mental health services rendered, but not in excess of actual costs in accordance with Section 14708.
(b) This section shall not be construed to waive a county’s responsibility to screen for eligibility for Medi-Cal, any other insurance affordability program, or a county health program.
(Amended by Stats. 2019, Ch. 497, Sec. 302. (AB 991) Effective January 1, 2020.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 2 - THE BRONZAN-MCCORQUODALE ACT › CHAPTER 3 - Financial Provisions › Section 5710.

5710. (a) Charges for the care and treatment of each patient receiving service from a county mental health program shall not exceed the actual cost thereof as determined or approved by the Director of Health Care Services in accordance with standard accounting practices. The director may include the amount of expenditures for capital outlay or the interest thereon, or both, in his or her determination of actual cost. The responsibility of a patient, his or her estate, or his or her responsible relatives to pay the charges and the powers of the director with respect thereto shall be determined in accordance with Article 4 (commencing with Section 7275) of Chapter 3 of Division 7.
(b) The Director of Health Care Services may delegate to each county all or part of the responsibility for determining the financial liability of patients to whom services are rendered by a county mental health program and all or part of the responsibility for determining the ability of the responsible parties to pay for services to minor children who are referred by a county for treatment in a state hospital. Liability shall extend to the estates of patients and to responsible relatives, including the spouse of an adult patient and the parents of minor children. The Director of Health Care Services may also delegate all or part of the responsibility for collecting the charges for patient fees. Counties may decline this responsibility as it pertains to state hospitals, at their discretion. If this responsibility is delegated by the director, the director shall establish and maintain the policies and procedures for making the determinations and collections. Each county to which the responsibility is delegated shall comply with the policy and procedures.
(c) The director shall prepare and adopt a uniform sliding scale patient fee schedule to be used in all mental health agencies for services rendered to each patient. In preparing the uniform patient fee schedule, the director shall take into account the existing charges for state hospital services and those for community mental health program services. If the director determines that it is not practicable to devise a single uniform patient fee schedule applicable to both state hospital services and services of other mental health agencies, the director may adopt a separate fee schedule for the state hospital services which differs from the uniform patient fee schedule applicable to other mental health agencies.
(Amended by Stats. 2012, Ch. 34, Sec. 145. (SB 1009) Effective June 27, 2012.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 2 - THE BRONZAN-MCCORQUODALE ACT › CHAPTER 3 - Financial Provisions › Section 5713.

5713. Advances for funding mental health services may be made by the Director of Mental Health from funds appropriated to the department for local mental health programs and services specified in the annual Budget Act. Advances made pursuant to this section shall be made in the form and manner the Director of Mental Health shall determine. When certified by the Director of Mental Health, advances shall be presented to the Controller for payment. Each advance shall be payable from the appropriation made for the fiscal year in which the expenses upon which the advance is based are incurred.
(Amended by Stats. 2010, Ch. 706, Sec. 2. (SB 1392) Effective January 1, 2011.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 2 - THE BRONZAN-MCCORQUODALE ACT › CHAPTER 3 - Financial Provisions › Section 5714.

5714. To continue county expenditures for legal proceedings involving persons with mental health disorders, the following costs incurred in carrying out Part 1 (commencing with Section 5000) of this division shall not be paid for from funds designated for mental health services.
(a) The costs involved in bringing a person in for 72-hour treatment and evaluation.
(b) The costs of court proceedings for court-ordered evaluation, including the service of the court order and the apprehension of the person ordered to evaluation when necessary.
(c) The costs of court proceedings in cases of appeal from 14-day intensive treatment.
(d) The cost of legal proceedings in conservatorship, other than the costs of conservatorship investigation as defined by regulations of the State Department of Health Care Services.
(e) The court costs in postcertification proceedings.
(f) The cost of providing a public defender or other court-appointed attorneys in proceedings for those unable to pay.
(Amended by Stats. 2014, Ch. 144, Sec. 104. (AB 1847) Effective January 1, 2015.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 2 - THE BRONZAN-MCCORQUODALE ACT › CHAPTER 3 - Financial Provisions › Section 5715.

5715. Subject to the approval of the State Department of Health Care Services, at the end of the fiscal year, a county may retain unexpended funds allocated to it by the department from funds appropriated to the department, with the exception of block grant funds, exclusive of the amount required to pay for the care of patients in state hospitals, for 12 months for expenditure for mental health services in accordance with this part.
(Amended by Stats. 2012, Ch. 34, Sec. 149. (SB 1009) Effective June 27, 2012.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 2 - THE BRONZAN-MCCORQUODALE ACT › CHAPTER 3.5 - Mental Health Master Plan Development Act › Section 5730.

5730. This act is to be known as the Mental Health Master Plan Development Act.
(Added by Stats. 1989, Ch. 1313, Sec. 1.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 2 - THE BRONZAN-MCCORQUODALE ACT › CHAPTER 3.5 - Mental Health Master Plan Development Act › Section 5731.

5731. The Legislature finds and declares that the mental health system is a large and important segment of California’s system of health care. The Legislature further finds and declares all of the following:
(a) Public Law 99-660 requires that the State Department of Mental Health develop a state plan for the Short-Doyle mental health system which includes all of the following:
(1) Plans developed in response to federal planning requirements shall be submitted to the Legislature.
(2) Evidence of broad participation from concerned citizens and mental health consumers.
(3) An analysis of the needs of seriously and persistently mentally ill adults, severely emotionally disturbed children and homeless mentally ill in California.
(4) Improvements in the mental health delivery system are needed for seriously mentally ill adults, severely emotionally disabled children, and homeless mentally ill.
(5) Given the existing mental health funding base, priorities need to be established for the Short-Doyle community mental health system.
(6) There is no minimum range of treatment services which should be available in every county in California.
(7) Most funding formulas for state mental health programs are not client based.
(8) The state has a special responsibility for the care and treatment of seriously and persistently mentally ill adults, seriously emotionally disturbed minors, and homeless mentally ill who are the most vulnerable and who require consistent supportive services to meet their health and safety needs in the community.
(9) Legislative action is required to ensure that a comprehensive policy is developed which addresses the critical problems and key issues currently facing the mental health system in California.
(Added by Stats. 1989, Ch. 1313, Sec. 1.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 2 - THE BRONZAN-MCCORQUODALE ACT › CHAPTER 3.5 - Mental Health Master Plan Development Act › Section 5732.

5732. (a) Given the requirements of Public Law 99-660 and the significant policy issues currently facing the mental health system in California, a master plan for mental health is required which integrates these planning and reform efforts and which establishes priorities for the service delivery system and analyzes critical policy issues.
(b) The California Planning Council’s scope shall be expanded to include the development of the Mental Health Master Plan. This Mental Health Master Plan shall be distinct but compatible with the plan mandated by Public Law 99-660, the development and implementation of which is the responsibility of the State Department of Mental Health.
(c) Therefore, the California Planning Council required by Public Law 99-660 shall be expanded to include the following members:
(1) The Speaker of the Assembly shall recommend to the Governor for appointment, one council member.
(2) The Assembly Minority Floor Leader shall recommend to the Governor for appointment, one council member.
(3) The President pro Tempore of the Senate shall recommend to the Governor for appointment, one council member.
(4) The Senate Minority Floor Leader shall recommend to the Governor for appointment, one council member.
(5) The County Supervisors Association of California shall recommend to the Governor for appointment, one council member.
(d) The Mental Health Master Plan shall be completed and submitted to the Legislature and the Governor by October 1, 1991.
(Added by Stats. 1989, Ch. 1313, Sec. 1.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 2 - THE BRONZAN-MCCORQUODALE ACT › CHAPTER 3.5 - Mental Health Master Plan Development Act › Section 5733.

5733. The Mental Health Master Plan shall include, but not be limited to, an analysis of all of the following:
(a) The specific planning elements required by Public Law 99-660.
(b) Identification of priority populations to be served and a definition of those priority populations.
(c) Proposed methods of allocating resources which result in the most effective system of care possible for the priority populations.
(d) Proposed methods of evaluating the effectiveness of current service delivery methods and the populations which are best served by these models of care.
(e) Recommendations related to the governance and responsibilities of the state, county, or other administrative structures for the delivery of mental health programs which are cost-effective and provide the highest quality of care.
(Added by Stats. 1989, Ch. 1313, Sec. 1.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 2 - THE BRONZAN-MCCORQUODALE ACT › CHAPTER 4 - Operation and Administration › Section 5750.

5750. The State Department of Health Care Services shall administer this part and shall adopt standards for the approval of mental health services, and rules and regulations necessary thereto. However, these standards, rules, and regulations shall be adopted only after consultation with the County Behavioral Health Directors Association of California and the California Behavioral Health Planning Council.
(Amended by Stats. 2017, Ch. 511, Sec. 10. (AB 1688) Effective January 1, 2018.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 2 - THE BRONZAN-MCCORQUODALE ACT › CHAPTER 4 - Operation and Administration › Section 5751.

5751. (a) Regulations pertaining to the qualifications of directors of local mental health services shall be administered in accordance with Section 5607. These standards may include the maintenance of records of service which shall be reported to the State Department of Health Care Services in a manner and at times as it may specify.
(b) Regulations pertaining to the position of director of local mental health services, where the local director is other than the local health officer or medical administrator of the county hospitals, shall require that the director be a psychiatrist, psychologist, clinical social worker, marriage and family therapist, professional clinical counselor, registered nurse, or hospital administrator, who meets standards of education and experience established by the Director of Health Care Services. Where the director is not a psychiatrist, the program shall have a psychiatrist licensed to practice medicine in this state and who shall provide to patients medical care and services as authorized by Section 2051 of the Business and Professions Code.
(c) The regulations shall be adopted in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
(Amended by Stats. 2012, Ch. 34, Sec. 163. (SB 1009) Effective June 27, 2012.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 2 - THE BRONZAN-MCCORQUODALE ACT › CHAPTER 4 - Operation and Administration › Section 5751.1.

5751.1. Regulations pertaining to the position of director of local mental health services, where the local director is other than the local health officer or medical administrator of the county hospitals, shall require that the director meet the standards of education and experience established by the Director of Health Care Services and that the appointment be open on the basis of competence to all eligible disciplines pursuant to Section 5751. Regulations pertaining to the qualifications of directors of local mental health services shall be administered in accordance with Section 5607.
Where the director of local mental health services is not a psychiatrist, the program shall have a psychiatrist licensed to practice medicine in this state and who shall provide to patients medical care and services as authorized by Section 2137 of the Business and Professions Code.
(Amended by Stats. 2012, Ch. 34, Sec. 164. (SB 1009) Effective June 27, 2012.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 2 - THE BRONZAN-MCCORQUODALE ACT › CHAPTER 4 - Operation and Administration › Section 5751.7.

5751.7. (a) For the purposes of this part and the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000)), the State Department of Health Care Services and the State Department of State Hospitals shall ensure that, whenever feasible, minors shall not be admitted into psychiatric treatment with adults if the health facility has no specific separate housing arrangements, treatment staff, and treatment programs designed to serve children or adolescents. The Director of Health Care Services shall provide waivers to counties, upon their request, if this policy creates undue hardship in any county due to inadequate or unavailable alternative resources. In granting the waivers, the Director of Health Care Services shall require the county to establish specific treatment protocols and administrative procedures for identifying and providing appropriate treatment to minors admitted with adults.
(b) However, notwithstanding any other provision of law, no minor may be admitted for psychiatric treatment into the same treatment ward as any adult receiving treatment who is in the custody of any jailor for a violent crime, is a known registered sex offender, or has a known history of, or exhibits inappropriate, sexual, or other violent behavior which would present a threat to the physical safety of minors.
(Amended by Stats. 2013, Ch. 23, Sec. 46. (AB 82) Effective June 27, 2013.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 2 - THE BRONZAN-MCCORQUODALE ACT › CHAPTER 4 - Operation and Administration › Section 5755.1.

5755.1. The state mental health plan shall be submitted to the California Council on Mental Health and the Advisory Health Council or its successor for review and recommendations as to conformance with California’s comprehensive statewide health plan. The state mental health plan shall be submitted for review and recommendations prior to amendments or changes thereto.
(Amended by Stats. 1985, Ch. 1232, Sec. 29. Effective September 30, 1985.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 2 - THE BRONZAN-MCCORQUODALE ACT › CHAPTER 4 - Operation and Administration › Section 5767.

5767. The department, in consultation with a statewide organization representing county mental health services, shall strengthen and ensure statewide application of managed care principles, building on existing county systems, to manage the Early Periodic Screening Diagnosis and Treatment Program benefit while ensuring access to eligible Medi-Cal recipients.
(Added by Stats. 2002, Ch. 1161, Sec. 36. Effective September 30, 2002.)