reglab/statecodes huggingface dataset:
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 4 - THE CHILDREN'S MENTAL HEALTH SERVICES ACT › CHAPTER 1 - Interagency System of Care › ARTICLE 11 - Services for Children with Severe Mental Illness › Section 5878.1.

5878.1. (a) It is the intent of this article to establish programs that ensure services will be provided to severely mentally ill children as defined in Section 5878.2 and that they be part of the children’s system of care established pursuant to this part. It is the intent of this act that services provided under this chapter to severely mentally ill children are accountable, developed in partnership with youth and their families, culturally competent, and individualized to the strengths and needs of each child and his or her family.
(b) Nothing in this act shall be construed to authorize any services to be provided to a minor without the consent of the child’s parent or legal guardian beyond those already authorized by existing statute.
(Amended by Stats. 2012, Ch. 23, Sec. 64. (AB 1467) Effective June 27, 2012. Note: This section was added on Nov. 2, 2004, by initiative Prop. 63.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 4 - THE CHILDREN'S MENTAL HEALTH SERVICES ACT › CHAPTER 1 - Interagency System of Care › ARTICLE 11 - Services for Children with Severe Mental Illness › Section 5878.2.

5878.2. For purposes of this article, severely mentally ill children means minors under the age of 18 who meet the criteria set forth in subdivision (a) of Section 5600.3.
(Added November 2, 2004, by initiative Proposition 63, Sec. 5. Operative January 1, 2005, pursuant to Sec. 16 of Prop. 63.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 4 - THE CHILDREN'S MENTAL HEALTH SERVICES ACT › CHAPTER 1 - Interagency System of Care › ARTICLE 11 - Services for Children with Severe Mental Illness › Section 5878.3.

5878.3. (a) Subject to the availability of funds as determined pursuant to Part 4.5 (commencing with Section 5890) of this division, county mental health programs shall offer services to severely mentally ill children for whom services under any other public or private insurance or other mental health or entitlement program is inadequate or unavailable. Other entitlement programs include but are not limited to mental health services available pursuant to Medi-Cal, child welfare, and special education programs. The funding shall cover only those portions of care that cannot be paid for with public or private insurance, other mental health funds or other entitlement programs.
(b) Funding shall be at sufficient levels to ensure that counties can provide each child served all of the necessary services set forth in the applicable treatment plan developed in accordance with this part, including services where appropriate and necessary to prevent an out of home placement, such as services pursuant to Chapter 4 (commencing with Section 18250) of Part 6 of Division 9.
(c) The State Department of Health Care Services shall contract with county mental health programs for the provision of services under this article in the manner set forth in Section 5897.
(Amended by Stats. 2012, Ch. 23, Sec. 65. (AB 1467) Effective June 27, 2012. Note: This section was added on Nov. 2, 2004, by initiative Prop. 63.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 4 - THE CHILDREN'S MENTAL HEALTH SERVICES ACT › CHAPTER 2 - System Evaluation › Section 5879.

5879. (a) It is the intent of the Legislature to increase the accountability of mental health and other human services programs whenever feasible by developing and implementing new and useful measures of performance, including client and cost outcomes. The Legislature recognizes the advances in performance and outcome evaluation made by counties funded under previous statutes and seeks to continue this development with future participating counties.
(b) It is the intent of the Legislature to have a comparison of the performance indicators of each participating county to the state average whenever possible, as well as a comparison of all participating counties as a group to the state averages.
(c) It is the further intent of the Legislature to have a comparison of the performance indicators of participating counties to their history and future anticipated performance based on utilization trends and costs.
(Added by Stats. 1992, Ch. 1229, Sec. 2. Effective January 1, 1993.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 4 - THE CHILDREN'S MENTAL HEALTH SERVICES ACT › CHAPTER 2 - System Evaluation › Section 5881.

5881. (a) Evaluation shall be conducted by participating county evaluation staff and, subject to the availability of funds, by the State Department of Health Care Services and the Mental Health Services Oversight and Accountability Commission.
(b) Evaluation at both levels shall do all of the following:
(1) Ensure that county level systems of care are serving the targeted population.
(2) Ensure that the timely performance data related to client outcome and cost avoidance is collected, analyzed, and reported.
(3) Ensure that system of care components are implemented as intended.
(4) Provide information documenting needs for future planning.
(Amended by Stats. 2012, Ch. 34, Sec. 209. (SB 1009) Effective June 27, 2012.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 4 - THE CHILDREN'S MENTAL HEALTH SERVICES ACT › CHAPTER 2 - System Evaluation › Section 5882.

5882. (a) Participating counties shall assign sufficient resources to performance evaluation to enable the county to fulfill all evaluation responsibilities specified in the contract with the department.
(b) Counties shall cooperate with the department regarding the development of uniform measures of performance.
(Amended by Stats. 2002, Ch. 1161, Sec. 39. Effective September 30, 2002.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 4 - THE CHILDREN'S MENTAL HEALTH SERVICES ACT › CHAPTER 2 - System Evaluation › Section 5883.

5883. (a) The department shall facilitate improved access to relevant client and financial data from all state agencies, including, but not limited to, the State Department of Social Services, the State Department of Education, the State Department of Health Services, the State Department of Mental Health, the Department of the Youth Authority, and the Department of Finance.
(b) The State Department of Mental Health shall expand the funding allocated to the contract for independent evaluation, as necessary to accommodate the increase in workload created by the addition of new sites.
(c) Subject to the availability of funds, the department shall do all of the following:
(1) Develop uniform data collection and reporting measures applicable to all participating counties.
(2) Collect, analyze, and report performance outcome data for participating counties as a group in comparison to state averages.
(3) Offer technical assistance to participating counties related to data collection, analysis, and reporting.
(Amended by Stats. 2002, Ch. 1161, Sec. 40. Effective September 30, 2002.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 4.5 - MENTAL HEALTH SERVICES FUND › Section 5892.1.

5892.1. (a) All unspent funds subject to reversion pursuant to subdivision (h) of Section 5892 as of July 1, 2017, are deemed to have been reverted to the fund and reallocated to the county of origin for the purposes for which they were originally allocated.
(b) (1) The department shall, on or before July 1, 2018, in consultation with counties and other stakeholders, prepare a report to the Legislature identifying the amounts that were subject to reversion prior to July 1, 2017, including to which purposes the unspent funds were allocated pursuant to Section 5892.
(2) Prior to the preparation of the report referenced in paragraph (1), the department shall provide to counties the amounts it has determined are subject to reversion, and provide a process for counties to appeal this determination.
(c) (1) By July 1, 2018, each county with unspent funds subject to reversion that are deemed reverted and reallocated pursuant to subdivision (a) shall prepare a plan to expend these funds on or before July 1, 2020. The plan shall be submitted to the commission for review.
(2) A county with unspent funds that are deemed reverted and reallocated pursuant to subdivision (a) that has not prepared and submitted a plan to the commission pursuant to paragraph (1) as of January 1, 2019, shall remit the unspent funds to the state pursuant to paragraph (1) of subdivision (h) of Section 5892 no later than July 1, 2019.
(d) Funds included in the plan required pursuant to subdivision (c) that are not spent as of July 1, 2020, shall revert to the state pursuant to paragraph (1) of subdivision (h) of Section 5892.
(e) Notwithstanding subdivision (d), innovation funds included in the plan required pursuant to subdivision (c) that are not spent by July 1, 2020, or the end of the project plan approved by the Mental Health Service Oversight and Accountability Commission pursuant to subdivision (e) of Section 5830, whichever is later, shall revert to the state pursuant to subdivision (h) of Section 5892.
(f) (1) The requirement for submitting a report imposed under subdivision (b) is inoperative on July 1, 2022, pursuant to Section 10231.5 of the Government Code.
(2) A report to be submitted pursuant to subdivision (b) shall be submitted in compliance with Section 9795 of the Government Code.
(g) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department, without taking any further regulatory action, may implement, interpret, or make specific this section, Section 5899.1, and subdivision (h) of Section 5892, by means of all-county letters or other similar instructions, until applicable regulations are adopted in accordance with Section 5898, or until July 1, 2019, whichever occurs first. The all-county letters or other similar instructions shall be issued only after the department provides the opportunity for public participation and comments.
(Amended by Stats. 2019, Ch. 26, Sec. 4. (SB 79) Effective June 27, 2019.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 4.5 - MENTAL HEALTH SERVICES FUND › Section 5892.5.

5892.5. (a) (1) The California Housing Finance Agency, with the concurrence of the State Department of Health Care Services, shall release unencumbered Mental Health Services Fund moneys dedicated to the Mental Health Services Act housing program upon the written request of the respective county. The county shall use these Mental Health Services Fund moneys released by the agency to provide housing assistance to the target populations who are identified in Section 5600.3.
(2) For purposes of this section, “housing assistance” means each of the following:
(A) Rental assistance or capitalized operating subsidies.
(B) Security deposits, utility deposits, or other move-in cost assistance.
(C) Utility payments.
(D) Moving cost assistance.
(E) Capital funding to build or rehabilitate housing for homeless, mentally ill persons or mentally ill persons who are at risk of being homeless.
(b) For purposes of administering those funds released to a respective county pursuant to subdivision (a), the county shall comply with all of the requirements described in the Mental Health Services Act, including, but not limited to, Sections 5664, 5847, subdivision (h) of Section 5892, and 5899.
(Amended by Stats. 2015, Ch. 303, Sec. 585. (AB 731) Effective January 1, 2016.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 4.5 - MENTAL HEALTH SERVICES FUND › Section 5893.

5893. (a) In any year in which the funds available exceed the amount allocated to counties, such funds shall be carried forward to the next fiscal year to be available for distribution to counties in accordance with Section 5892 in that fiscal year.
(b) All funds deposited into the Mental Health Services Fund shall be invested in the same manner in which other state funds are invested. The fund shall be increased by its share of the amount earned on investments.
(Added November 2, 2004, by initiative Proposition 63, Sec. 15. Operative January 1, 2005, pursuant to Sec. 16 of Prop. 63.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 4.5 - MENTAL HEALTH SERVICES FUND › Section 5894.

5894. In the event that Part 3 (commencing with Section 5800) or Part 4 (commencing with Section 5850) of this division, are restructured by legislation signed into law before the adoption of this measure, the funding provided by this measure shall be distributed in accordance with such legislation; provided, however, that nothing herein shall be construed to reduce the categories of persons entitled to receive services.
(Added November 2, 2004, by initiative Proposition 63, Sec. 15. Operative January 1, 2005, pursuant to Sec. 16 of Prop. 63.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 4.5 - MENTAL HEALTH SERVICES FUND › Section 5895.

5895. In the event any provisions of Part 3 (commencing with Section 5800), or Part 4 (commencing with Section 5850) of this division, are repealed or modified so the purposes of this act cannot be accomplished, the funds in the Mental Health Services Fund shall be administered in accordance with those sections as they read on January 1, 2004.
(Added November 2, 2004, by initiative Proposition 63, Sec. 15. Operative January 1, 2005, pursuant to Sec. 16 of Prop. 63.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 4.5 - MENTAL HEALTH SERVICES FUND › Section 5898.

5898. The State Department of Health Care Services, in consultation with the Mental Health Services Oversight and Accountability Commission, shall develop regulations, as necessary, for the State Department of Health Care Services, the Mental Health Services Oversight and Accountability Commission, or designated state and local agencies to implement this act. Regulations adopted pursuant to this section shall be developed with the maximum feasible opportunity for public participation and comments.
(Amended by Stats. 2012, Ch. 23, Sec. 70. (AB 1467) Effective June 27, 2012. Note: This section was added on Nov. 2, 2004, by initiative Prop. 63.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 4.5 - MENTAL HEALTH SERVICES FUND › Section 5899.1.

5899.1. (a) On or after July 1, 2017, funds subject to reversion pursuant to subdivision (h) of Section 5892 shall be reallocated to other counties for the purposes for which the unspent funds were initially allocated to the original county.
(b) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department, without taking any further regulatory action, may implement, interpret, or make specific this section, Section 5892.1, and subdivision (h) of Section 5892, by means of all-county letters or other similar instructions, until applicable regulations are adopted in accordance with Section 5898, or until July 1, 2019, whichever occurs first. The all-county letters or other similar instructions shall be issued only after the department provides the opportunity for public participation and comments.
(Added by Stats. 2017, Ch. 38, Sec. 16. (AB 114) Effective July 10, 2017.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 5 - INSTITUTIONS FOR MENTAL DISEASE › CHAPTER 1 - General Provisions › ARTICLE 1 - Legislative Findings and Intent › Section 5900.

5900. This part is intended to organize and finance mental health services in skilled nursing facilities designated as institutions for mental disease, in a way that will promote the well-being of the residents. It is furthermore intended to effectively utilize existing resources in the delivery of mental health services to severely and persistently mentally disabled persons; to ensure continued receipt of federal funds; to minimize the fiscal exposure of counties; to maintain state responsibility for licensing and certification; to maintain services to individual county consumers at the 1990–91 fiscal year levels; and to provide a mechanism for the orderly transition of programmatic and fiscal responsibility from the state to the counties, in a way that will maintain the stability and viability of the industry.
(Added by Stats. 1991, Ch. 89, Sec. 198. Effective June 30, 1991.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 5 - INSTITUTIONS FOR MENTAL DISEASE › CHAPTER 1 - General Provisions › ARTICLE 1 - Legislative Findings and Intent › Section 5901.

5901. (a) The Legislature finds that the following issues relating to program operation must be resolved prior to the full assumption of responsibility for institutions for mental disease program monitoring and reimbursement procedures by the counties:
(1) The information regarding the program is inadequate to accurately allocate funding to the counties without significant disruption of patient care.
(2) There is currently no administrative mechanism whereby all counties can immediately assume these responsibilities without endangering the health and safety of the persons being served.
(b) (1) During the 1991–92 fiscal year, the sum of eighty-seven million seven hundred twenty-seven thousand dollars ($87,727,000) shall be made available from the Mental Health Subaccount of the Sales Tax Account of the Local Revenue Fund to the department for support of institutions for mental disease.
(2) For the 1991–92 fiscal year, the department shall issue a preliminary allocation of at least fifty-seven million four hundred fifty thousand dollars ($57,450,000) of the amount identified in paragraph (1). In developing a preliminary allocation, the department shall utilize a methodology that will minimize disruption of services to persons being served and that will continue access at the 1990–91 fiscal year level.
(3) During the 1991–92 fiscal year, the department shall administer institution for mental disease resources remaining from the amount identified in paragraph (1) after the allocation described in (2) has been made, as a risk pool on behalf of all the counties. Effective July 1, 1991, the department shall enter into contracts with institutions for mental disease providers at the 1990–91 fiscal year contract bed level. These resources shall be made available to all counties.
(4) The department shall establish a method for the identification of persons, by county, residing in institutions for mental disease, and notification of counties of their program and fiscal responsibilities.
(c) The Department of Finance may authorize a loan of up to twenty million dollars ($20,000,000) from the General Fund for deposit into the Institutions for Mental Disease Account of the Mental Health Facilities Fund established pursuant to Section 17602.05, for use by the department in implementing this part.
(Amended by Stats. 2012, Ch. 34, Sec. 210. (SB 1009) Effective June 27, 2012.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 5 - INSTITUTIONS FOR MENTAL DISEASE › CHAPTER 1 - General Provisions › ARTICLE 2 - Interim Contracting Mechanism › Section 5903.5.

5903.5. Notwithstanding any other provision of law, the department may liquidate accounts receivable from individual clients or payees of clients from institution for mental disease funds appropriated by the Legislature, when they have been determined by the department to be uncollectible, including accounts receivable in existence prior to the effective date of this section. Liquidation shall occur no sooner than 12 months after the original date of the accounts receivable debt.
(Added by Stats. 1991, Ch. 918, Sec. 2. Effective October 14, 1991.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 5 - INSTITUTIONS FOR MENTAL DISEASE › CHAPTER 1 - General Provisions › ARTICLE 3 - Procedures for the Transfer of Responsibility from the State to the Counties › Section 5907.

5907. No later than January 1, 1992, the director, in consultation with the California Conference of Local Mental Health Directors and representatives of institutions for mental disease, shall develop a suggested uniform contract format that may be used by counties for the purchase of services from institutions for mental disease.
(Added by Stats. 1991, Ch. 89, Sec. 198. Effective June 30, 1991.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 5 - INSTITUTIONS FOR MENTAL DISEASE › CHAPTER 1 - General Provisions › ARTICLE 3 - Procedures for the Transfer of Responsibility from the State to the Counties › Section 5908.

5908. On or before October 1, 1992, and in each following year, the counties contracting directly with the facility shall inform the facility of any intent to modify the quantity of services to be purchased in the subsequent fiscal year. Contracts for these services shall be completed by April 1 of each year for the following year. In the absence of cause, changes shall not be made without this notification.
(Added by Stats. 1991, Ch. 89, Sec. 198. Effective June 30, 1991.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 5 - INSTITUTIONS FOR MENTAL DISEASE › CHAPTER 1 - General Provisions › ARTICLE 3 - Procedures for the Transfer of Responsibility from the State to the Counties › Section 5909.

5909. (a) The Director of Health Care Services shall retain the authority and responsibility to monitor and approve special treatment programs in skilled nursing facilities in accordance with Sections 72443 to 72475, inclusive, of Title 22 of the California Code of Regulations.
(b) The State Department of Health Care Services shall conduct annual certification inspections of special treatment programs for the mentally disordered for the purpose of approving the special treatment programs that are located in skilled nursing facilities licensed pursuant to Section 1265 of the Health and Safety Code.
(Amended by Stats. 2013, Ch. 23, Sec. 51. (AB 82) Effective June 27, 2013.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 5 - INSTITUTIONS FOR MENTAL DISEASE › CHAPTER 1 - General Provisions › ARTICLE 3 - Procedures for the Transfer of Responsibility from the State to the Counties › Section 5910.

5910. Nothing in this article shall preclude two or more counties from establishing a single agreement with a facility, or group of facilities, for the purchase of services for the counties as a single entity. When two or more counties enter into an agreement, a single county may act as the host county for the purpose of program management and administration.
(Added by Stats. 1991, Ch. 89, Sec. 198. Effective June 30, 1991.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 5 - INSTITUTIONS FOR MENTAL DISEASE › CHAPTER 1 - General Provisions › ARTICLE 3 - Procedures for the Transfer of Responsibility from the State to the Counties › Section 5911.

5911. A county or group of counties, by agreement, may expand services into additional facilities utilizing any funds available to the county or counties for that purpose.
(Added by Stats. 1991, Ch. 89, Sec. 198. Effective June 30, 1991.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 5 - INSTITUTIONS FOR MENTAL DISEASE › CHAPTER 1 - General Provisions › ARTICLE 3 - Procedures for the Transfer of Responsibility from the State to the Counties › Section 5912.

5912. (a) As long as contracts require institutions for mental disease to continue to be licensed and certified as skilled nursing facilities by the State Department of Public Health, they shall be reimbursed for basic services at the rate established by the State Department of Health Care Services. Effective July 1, 2014, the reimbursement rate for institutions for mental disease shall increase by 3.5 percent annually.
(b) It is the intent of the Legislature that the annual rate increases provided in subdivision (a) be utilized by the institutions for mental disease to meet direct service costs and, to the extent possible, improve the quality of care rendered to residents in the facilities.
(c) Notwithstanding subdivision (a), beginning July 1, 2017, in any year that the Mental Health Subaccount of the Local Revenue Fund does not receive full vehicle license fee growth funds from the General Growth Subaccount in the Vehicle License Fee Growth Account pursuant to Section 17604 and subdivisions (a) and (b) of Section 17606.20, the reimbursement rate for services in institutions for mental disease that are licensed and certified as skilled nursing facilities shall be the same as the rates in effect in the prior year.
(Amended by Stats. 2017, Ch. 25, Sec. 10. (SB 90) Effective June 27, 2017.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 7 - Behavioral Health Services and Supports › CHAPTER 1 - Behavioral health continuum infrastructure program › Section 5960.

5960. The department may establish the Behavioral Health Continuum Infrastructure Program pursuant to this chapter if the Legislature appropriates funds for this purpose.
(Added by Stats. 2021, Ch. 143, Sec. 355. (AB 133) Effective July 27, 2021. Repealed as of January 1, 2027, pursuant to Section 5960.45.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 7 - Behavioral Health Services and Supports › CHAPTER 1 - Behavioral health continuum infrastructure program › Section 5960.05.

5960.05. If the department establishes the program pursuant to this chapter, the department may award competitive grants to qualified entities to construct, acquire, and rehabilitate real estate assets or to invest in needed mobile crisis infrastructure to expand the community continuum of behavioral health treatment resources to build new capacity or expand existing capacity for short-term crisis stabilization, acute and subacute care, crisis residential, community-based mental health residential, substance use disorder residential, peer respite, mobile crisis, community and outpatient behavioral health services, and other clinically enriched longer term treatment and rehabilitation options for persons with behavioral health disorders in the least restrictive and least costly setting.
(Added by Stats. 2021, Ch. 143, Sec. 355. (AB 133) Effective July 27, 2021. Repealed as of January 1, 2027, pursuant to Section 5960.45.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 7 - Behavioral Health Services and Supports › CHAPTER 1 - Behavioral health continuum infrastructure program › Section 5960.1.

5960.1. Except as provided in Section 5960.15, the department shall determine the methodology and distribution of the grant funds appropriated for the program pursuant to Section 5960.05 to those entities it deems qualified.
(Added by Stats. 2021, Ch. 143, Sec. 355. (AB 133) Effective July 27, 2021. Repealed as of January 1, 2027, pursuant to Section 5960.45.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 7 - Behavioral Health Services and Supports › CHAPTER 1 - Behavioral health continuum infrastructure program › Section 5960.15.

5960.15. An entity shall meet all of the following conditions in order to receive grant funds pursuant to Section 5960.05, to the extent applicable and as required by the department:
(a) Provide matching funds or real property.
(b) Expend funds to supplement and not supplant existing funds to construct, acquire, and rehabilitate real estate assets.
(c) Report data to the department within 90 days of the end of each quarter for the first five years.
(d) Operate services in the financed facility for the intended purpose for a minimum of 30 years.
(Added by Stats. 2021, Ch. 143, Sec. 355. (AB 133) Effective July 27, 2021. Repealed as of January 1, 2027, pursuant to Section 5960.45.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 7 - Behavioral Health Services and Supports › CHAPTER 1 - Behavioral health continuum infrastructure program › Section 5960.2.

5960.2. (a) This chapter shall be implemented only if, and to the extent that, the department determines that federal financial participation under the Medi-Cal program, including but not limited to the increased federal funding available pursuant to Section 9813 of the federal American Rescue Plan Act of 2021 (Pub. Law 117-2), is not jeopardized.
(b) 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 chapter, in whole or in part, by means of information notices or other similar instructions, without taking any further regulatory action.
(Added by Stats. 2021, Ch. 143, Sec. 355. (AB 133) Effective July 27, 2021. Repealed as of January 1, 2027, pursuant to Section 5960.45.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 7 - Behavioral Health Services and Supports › CHAPTER 1 - Behavioral health continuum infrastructure program › Section 5960.25.

5960.25. For purposes of implementing this chapter, the department may enter into exclusive or nonexclusive contracts, or amend existing contracts, on a bid or negotiated basis. Contracts entered into or amended pursuant to this section shall be exempt from Chapter 6 (commencing with section 14825) of Part 5.5 of Division 3 of Title 2 of the Government Code, Section 19130 of the Government Code, Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code, and the State Administrative Manual, and shall be exempt from the review or approval of any division of the Department of General Services.
(Added by Stats. 2021, Ch. 143, Sec. 355. (AB 133) Effective July 27, 2021. Repealed as of January 1, 2027, pursuant to Section 5960.45.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 7 - Behavioral Health Services and Supports › CHAPTER 1 - Behavioral health continuum infrastructure program › Section 5960.35.

5960.35. (a) The following definitions shall apply to this chapter:
(1) “Department” means the State Department of Health Care Services.
(2) “Program” means the Behavioral Health Continuum Infrastructure Program authorized by this chapter.
(b) The following provisions shall apply to the implementation of this chapter:
(1) “Low-rent housing project,” as defined in Section 1 of Article XXXIV of the California Constitution, does not apply to any facility project pursuant to this section that meets any one of the following criteria:
(A) The development is privately owned housing, receiving no ad valorem property tax exemption, other than exemptions granted pursuant to subdivision (f) or (g) of Section 214 of the Revenue and Taxation Code, not fully reimbursed to all taxing entities, and not more than 49 percent of the dwellings, apartments, or other living accommodations of the development may be occupied by persons of low income.
(B) The development is privately owned housing, is not exempt from ad valorem taxation by reason of any public ownership, and is not financed with direct long-term financing from a public body.
(C) The development is intended for owner-occupancy, which may include a limited-equity housing cooperative as defined in Section 50076.5 of the Health and Safety Code, or cooperative or condominium ownership, rather than for rental-occupancy.
(D) The development consists of newly constructed, privately owned, one-to-four family dwellings not located on adjoining sites.
(E) The development consists of existing dwelling units leased by the state public body from the private owner of these dwelling units.
(F) The development consists of the rehabilitation, reconstruction, improvement or addition to, or replacement of, dwelling units of a previously existing low-rent housing project, or a project previously or currently occupied by lower income households, as defined in Section 50079.5 of the Health and Safety Code.
(G) The development consists of the acquisition, rehabilitation, reconstruction, improvement, or any combination thereof, of a development which, prior to the date of the transaction to acquire, rehabilitate, reconstruct, improve, or any combination thereof, was subject to a contract for federal or state public body assistance for the purpose of providing affordable housing for low-income households and maintains, or enters into, a contract for federal or state public body assistance for the purpose of providing affordable housing for low-income households.
(2) “Tribal entity” shall mean a federally recognized Indian tribe, tribal organization, or urban Indian organization, as defined in Section 1603 of Title 25 of the United States Code.
(Added by Stats. 2021, Ch. 143, Sec. 355. (AB 133) Effective July 27, 2021. Repealed as of January 1, 2027, pursuant to Section 5960.45.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 7 - Behavioral Health Services and Supports › CHAPTER 1 - Behavioral health continuum infrastructure program › Section 5960.4.

5960.4. The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
(Added by Stats. 2021, Ch. 143, Sec. 355. (AB 133) Effective July 27, 2021. Repealed as of January 1, 2027, pursuant to Section 5960.45.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 7 - Behavioral Health Services and Supports › CHAPTER 1 - Behavioral health continuum infrastructure program › Section 5960.45.

5960.45. This chapter shall remain in effect only until January, 1, 2027, and as of that date is repealed.
(Added by Stats. 2021, Ch. 143, Sec. 355. (AB 133) Effective July 27, 2021. Repealed as of January 1, 2027, by its own provisions. Note: Repeal affects Chapter 1, commencing with Section 5960.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 7 - Behavioral Health Services and Supports › CHAPTER 2 - Children and youth behavioral health initiative act › Section 5961.1.

5961.1. (a) As a component of the initiative, the State Department of Health Care Services shall procure and oversee a vendor to establish and maintain a behavioral health services and supports virtual platform that integrates behavioral health screenings, application-based supports, and direct behavioral health services to children and youth 25 years of age and younger, regardless of payer.
(b) Any virtual platform established or procured shall include access in all Medi-Cal threshold languages and shall be culturally appropriate to accommodate the diversity of the population and shall be accessible by telephone.
(c) The virtual platform may provide behavioral health services and supports, including, but not limited to, the following:
(1) Regular, automated behavioral health screenings.
(2) Short-term individual counseling, group counseling, and behavioral health peer and coaching supports.
(3) Interactive education, self-monitoring tools, application-based games, video and book suggestions, automated cognitive behavioral therapy, and mindful exercises designed to build skills and enhance wellbeing.
(4) Access to behavioral health peers, coaches, and licensed clinicians.
(5) Referrals to an individual’s commercial health insurance, Medi-Cal managed care plan, county behavioral health, school-linked counselor, or community-based organizations, or other resources for higher-level behavioral health services.
(6) Statewide e-consult service to allow primary care pediatric and family practice providers to receive asynchronous support and consultation to manage behavioral health conditions for their patients.
(Added by Stats. 2021, Ch. 143, Sec. 355. (AB 133) Effective July 27, 2021.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 7 - Behavioral Health Services and Supports › CHAPTER 2 - Children and youth behavioral health initiative act › Section 5961.5.

5961.5. (a) As a component of the initiative, the State Department of Health Care Services shall develop and select evidence-based interventions and community-defined promising practices to improve outcomes for children and youth with, or at high risk for, behavioral health conditions.
(b) Prior to selecting the evidence-based interventions, as described in subdivision (a), the department shall establish a workgroup comprised of subject matter experts and affected stakeholders to consider evidence-based interventions based on robust evidence for effectiveness, impact on racial equity, and sustainability.
(c) The department, or its contracted vendor, shall provide competitive grants to entities it deems qualified to support the implementation of the evidence-based interventions and community-defined promising practices developed pursuant to subdivision (a).
(d) Subject to subdivision (e), entities eligible to receive grants pursuant to this section may include Medi-Cal behavioral health delivery systems, city mental health authorities, tribal entities, health care service plans, Medi-Cal managed care plans, community-based organizations, and behavioral health providers.
(e) The department shall determine the eligibility criteria, grant application process, and methodology for the distribution of funds appropriated for the purposes described in this section to those entities it deems qualified.
(f) As a condition of funding, grant recipients shall share standardized data, in a manner and form determined by the department.
(g) For purposes of this section, “Medi-Cal behavioral health delivery system” shall have the same meaning as specified in subdivision (i) of Section 14184.101.
(Amended by Stats. 2022, Ch. 47, Sec. 61. (SB 184) Effective June 30, 2022.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 8 - The Community Assistance, Recovery, and Empowerment Act › CHAPTER 1 - General Provisions › Section 5970.

5970. This part shall be known, and may be cited, as the Community Assistance, Recovery, and Empowerment (CARE) Act.
(Amended by Stats. 2023, Ch. 283, Sec. 2. (SB 35) Effective September 30, 2023. Section conditionally operative as provided in Section 5970.5.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 8 - The Community Assistance, Recovery, and Empowerment Act › CHAPTER 1 - General Provisions › Section 5970.5.

5970.5. This part shall be implemented as follows, with technical assistance and continuous quality improvement, pursuant to Section 5983:
(a) A first cohort of counties, which shall include the Counties of Glenn, Orange, Riverside, San Diego, Stanislaus, and Tuolumne, and the City and County of San Francisco, shall begin no later than October 1, 2023, unless the county is provided additional time pursuant to paragraph (2) of subdivision (c).
(b) A second cohort of counties, representing the remaining population of the state, shall begin no later than December 1, 2024, unless the county is provided additional time pursuant to paragraph (2) of subdivision (c).
(c) (1) The department shall issue guidelines under which counties can apply for, and be provided, additional time to implement this part. The guidelines shall not be subject to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
(2) The department shall approve implementation delay for the first or second cohort if the county experiences a state or local emergency and the delay of the provision of the CARE process is necessary as a result of the emergency.
(3) The department shall only grant one extension per county and the final date for counties to implement under any circumstances shall be December 1, 2025.
(d) This part shall become operative only upon the department, in consultation with county stakeholders, developing a CARE Act allocation to provide state financial assistance to counties to implement the care process in this act.
(Amended by Stats. 2023, Ch. 283, Sec. 3. (SB 35) Effective September 30, 2023.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 8 - The Community Assistance, Recovery, and Empowerment Act › CHAPTER 2 - Process › Section 5972.

5972. An individual shall qualify for the CARE process only if all of the following criteria are met:
(a) The person is 18 years of age or older.
(b) The person is currently experiencing a serious mental disorder, as defined in paragraph (2) of subdivision (b) of Section 5600.3 and has a diagnosis identified in the disorder class: schizophrenia spectrum and other psychotic disorders, as defined in the most current version of the Diagnostic and Statistical Manual of Mental Disorders. This section does not establish respondent eligibility based upon a psychotic disorder that is due to a medical condition or is not primarily psychiatric in nature, including, but not limited to, physical health conditions such as traumatic brain injury, autism, dementia, or neurologic conditions. A person who has a current diagnosis of substance use disorder as defined in paragraph (2) of subdivision (a) of Section 1374.72 of the Health and Safety Code but who does not also meet the required criteria in this section shall not qualify for the CARE process.
(c) The person is not clinically stabilized in on-going voluntary treatment.
(d) At least one of the following is true:
(1) The person is unlikely to survive safely in the community without supervision and the person’s condition is substantially deteriorating.
(2) The person is in need of services and supports in order to prevent a relapse or deterioration that would be likely to result in grave disability or serious harm to the person or others, as used in Section 5150.
(e) Participation in a CARE plan or CARE agreement would be the least restrictive alternative necessary to ensure the person’s recovery and stability.
(f) It is likely that the person will benefit from participation in a CARE plan or CARE agreement.
(Amended by Stats. 2023, Ch. 283, Sec. 5. (SB 35) Effective September 30, 2023. Section conditionally operative as provided in Section 5970.5.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 8 - The Community Assistance, Recovery, and Empowerment Act › CHAPTER 2 - Process › Section 5973.

5973. (a) Proceedings under this part may be commenced in any of the following:
(1) The county in which the respondent resides.
(2) The county where the respondent is found.
(3) The county where the respondent is facing criminal or civil proceedings.
(b) If the respondent does not reside in the county in which proceedings are initiated under this subdivision, as determined in accordance with Section 244 of the Government Code, except as provided in subdivision (f) of Section 5982, and this part is operative in the respondent’s county of residence, the proceeding shall, with the respondent’s consent, be transferred to the county of residence as soon as reasonably feasible. Should the respondent not consent to the transfer, the proceedings shall continue in the county where the respondent was found.
(Amended by Stats. 2023, Ch. 283, Sec. 6. (SB 35) Effective September 30, 2023. Section conditionally operative as provided in Section 5970.5.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 8 - The Community Assistance, Recovery, and Empowerment Act › CHAPTER 2 - Process › Section 5974.

5974. The following adult persons may file a petition to commence the CARE process:
(a) A person with whom the respondent resides.
(b) A spouse, parent, sibling, child, or grandparent or an individual who stands in loco parentis to the respondent.
(c) The director of a hospital in which the respondent is hospitalized, including hospitalized pursuant to Section 5150 or 5250, or the director’s designee.
(d) The director of a public or charitable organization, agency, or home, or their designee, who has, within the previous 30 days, provided or who is currently providing behavioral health services to the respondent or in whose institution the respondent resides.
(e) A licensed behavioral health professional, or their designee, who is, or has been within the previous 30 days, either supervising the treatment of, or treating the respondent for a mental illness.
(f) A first responder, including a peace officer, firefighter, paramedic, emergency medical technician, mobile crisis response worker, or homeless outreach worker, who has had repeated interactions with the respondent in the form of multiple arrests, multiple detentions and transportation pursuant to Section 5150, multiple attempts to engage the respondent in voluntary treatment, or other repeated efforts to aid the respondent in obtaining professional assistance.
(g) The public guardian or public conservator, or their designee, of the county in which the respondent resides or is found.
(h) The director of a county behavioral health agency, or their designee, of the county in which the respondent resides or is found.
(i) The director of county adult protective services, or their designee, of the county in which the respondent resides or is found.
(j) The director of a California Indian health services program, California tribal behavioral health department, who has, within the previous 30 days, provided or who is currently providing behavioral health services to the respondent, or the director’s designee.
(k) The judge of a tribal court located in California before which the respondent has appeared within the previous 30 days, or the judge’s designee.
(l) The respondent.
(Amended by Stats. 2023, Ch. 283, Sec. 7. (SB 35) Effective September 30, 2023. Section conditionally operative as provided in Section 5970.5.)