reglab/statecodes huggingface dataset:
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 14 - Mental Health Services Act › Article 8 - Workforce Education and Training › Section 3820 - Workforce Education and Training Component of the Three-Year Program and Expenditure Plan

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  Workforce Education and Training component of the Three-Year Program and Expenditure
				  Plan, and/or the update, shall include the following:
(1) A Workforce Needs Assessment, as described in
				  Section 3830, if such an assessment has not been
				  performed within the prior five years.
(2) A work detail for each program and/or
				  activity, that includes:
(A) The title of the
				  program and/or activity.
(B) A
				  description of the program and/or activity.
(C) The objectives of the program and/or
				  activity.
(D) The funding category under
				  which the program and/or activity will be funded.
(E) A budget narrative, including the projected
				  costs used to prepare the budget for the program and/or
				  activity.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 14 - Mental Health Services Act › Article 8 - Workforce Education and Training › Section 3830 - Workforce Needs Assessment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The County
				  shall conduct an assessment of the education and training needs of its Public Mental
				  Health System workforce and prepare a written Workforce Needs Assessment that
				  identifies and evaluates the identified needs.
(1)
				  The County shall conduct the Workforce Needs Assessment at least once every five
				  years.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 14 - Mental Health Services Act › Article 8 - Workforce Education and Training › Section 3840 - Workforce Education and Training Funding Categories

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  Workforce Education and Training component contains five funding categories:
(1) Training and Technical Assistance.
(2) Mental Health Career Pathway
				  Programs.
(3) Residency and Internship
				  Programs.
(4) Financial Incentive
				  Programs.
(5) Workforce Staffing
				  Support.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 14 - Mental Health Services Act › Article 8 - Workforce Education and Training › Section 3841 - Training and Technical Assistance Funding Category

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  Training and Technical Assistance Funding Category may fund programs and/or
				  activities that increase the ability of the Public Mental Health System workforce to
				  do the following:
(1) Promote and support the
				  General Standards in Section
				  3320.
(2) Support the participation of clients and
				  family members of clients in the Public Mental Health System.
(3) Increase collaboration and partnerships among
				  Public Mental Health System staff and individuals and/or entities that participate
				  in and support the provision of services in the Public Mental Health
				  System.
(4) Promote cultural and
				  linguistic competence.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 14 - Mental Health Services Act › Article 8 - Workforce Education and Training › Section 3842 - Mental Health Career Pathway Programs Funding Category

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Mental
				  Health Career Pathway Programs Funding Category may fund, but is not limited to, the
				  following:
(1) Programs to prepare clients and/or
				  family members of clients for employment and/or volunteer work in the Public Mental
				  Health System.
(2) Programs and
				  coursework in high schools, adult education, regional occupational programs,
				  colleges and universities that introduce individuals to and prepare them for
				  employment in the Public Mental Health System.
(3) Career counseling, training and/or placement
				  programs designed to increase access to employment in the Public Mental Health
				  System to groups such as immigrant communities, Native Americans and racial/ethnic,
				  cultural and linguistic groups that are underrepresented in the Public Mental Health
				  System, as underrepresentation is defined in Section
				  11139.6 of the
				  Government Code.
(4) Focused outreach
				  and engagement in order to provide equal opportunities for employment to individuals
				  who share the racial/ethnic, cultural and linguistic characteristics of the clients
				  served.
(5) Supervision of employees in
				  Public Mental Health System occupations that are in a Mental Health Career Pathway
				  Program.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 14 - Mental Health Services Act › Article 8 - Workforce Education and Training › Section 3843 - Residency and Internship Programs Funding Category

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  Residency and Internship Programs Funding Category may fund, but is not limited to,
				  the following:
(1) Time required of staff,
				  including university faculty, to supervise psychiatric residents training to work in
				  the Public Mental Health System.
(2)
				  Time required of staff, including university faculty, to supervise post-graduate
				  interns training to work as psychiatric nurse practitioners, masters of social work,
				  marriage and family therapists, or clinical psychologists in the Public Mental
				  Health System.
(A) Only faculty time spent
				  supervising interns in programs designed to lead to licensure is
				  eligible.
(3) Time required of
				  staff, including university faculty, to train psychiatric technicians to work in the
				  Public Mental Health System.
(4) Time
				  required of staff, including university faculty, to train physician assistants to
				  work in the Public Mental Health System and to prescribe psychotropic medications
				  under the supervision of a physician.
(5) Addition of a mental health specialty to a
				  physician assistant program.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 14 - Mental Health Services Act › Article 8 - Workforce Education and Training › Section 3844 - Financial Incentive Programs Funding Category

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  Financial Incentive Programs Funding Category may fund financial assistance programs
				  that address one or more of the occupational shortages identified in the County's
				  Workforce Needs Assessment. Financial Incentive Programs include:
(1) Scholarships.
(2) Stipends.
(3) Loan assumption programs.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 14 - Mental Health Services Act › Article 8 - Workforce Education and Training › Section 3844.1 - Stipends

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In addition to Section
					 3844(c), the following
					 shall apply:
(a) Stipend recipients shall
				  commit to work in the Public Mental Health System for a minimum of the equivalent of
				  one calendar year for each year of stipend received.
(b) Stipends are paid directly to recipients, and
				  may pay for the following expenses:
(1) Tuition,
				  registration fees, books and supplies.
(2) Travel expenses including mileage, lodging and
				  per diem if travel is for the purpose of participating in an educational or training
				  activity.
(3) Any other expenses
				  incurred as a result of participation in an educational or training
				  activity.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 14 - Mental Health Services Act › Article 8 - Workforce Education and Training › Section 3845 - Workforce Staffing Support Funding Category

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  Workforce Staffing Support Funding Category may fund, but is not limited to, the
				  following:
(1) Public Mental Health System staff
				  to plan, recruit, coordinate, administer, support and/or evaluate Workforce
				  Education and Training programs and activities, when the staff is not funded through
				  any of the other funding categories in Section
				  3840.
(2) Staff to support Regional Partnerships, as
				  defined in Section
				  3200.255, when performing activities
				  that address the following:
(A) Shortages within
				  the workforce or shortages of workforce skills identified as critical by the
				  Regional Partnership.
(B) Deficits in
				  cultural and/or linguistic competence.
(C) Promotion of employment and career
				  opportunities in the Public Mental Health System for clients and family members of
				  clients.
(3) Staff to provide
				  ongoing employment and educational counseling and support to:
(A) Clients entering or currently employed in the
				  Public Mental Health System workforce.
(B) Family members of clients who are entering or
				  currently employed in the Public Mental Health System workforce.
(C) Family members who are entering or currently
				  employed in the Public Mental Health System workforce.
(4) Staff to provide education and support to
				  employers and employees to assist with the integration of clients and/or family
				  members of clients into the Public Mental Health System workforce.
(5) Staff necessary to support activities in
				  multiple Workforce Education and Training funding categories when the staff time is
				  not included in the budget for any other funding category in Section
				  3840.
(6) The Workforce Education and Training
				  Coordinator required in Section
				  3810(b).
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 14 - Mental Health Services Act › Article 8 - Workforce Education and Training › Section 3850 - Mental Health Loan Assumption Program

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Workforce
				  Education and Training funds may be used to establish a locally administered Mental
				  Health Loan Assumption Program to pay a portion of the educational loans of
				  individuals who make a commitment to work in the Public Mental Health System in a
				  position that is hard-to-fill or in which it is hard to retain staff, as determined
				  by the County. This program may be established at the county level.
(b) The educational loan liability shall be
				  assumed after the participant has completed employment as follows:
(1) A loan assumption payment shall be made on
				  behalf of the participant after each twelve (12) months of employment in a position
				  as specified in (a) above.
(2) Months of
				  employment shall be consecutive unless one of the exceptions in Section
				  3850(d) is
				  met.
(3) Unless one of the exceptions in
				  Section 3850(d) is met, no
				  individual may participate in the Mental Health Loan Assumption program for more
				  than seventy two (72) consecutive months.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 14 - Mental Health Services Act › Article 8 - Workforce Education and Training › Section 3851 - Terms of Mental Health Loan Assumption

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Loan
				  assumption payments shall be made every twelve (12) months.
(b) Loan assumption payments shall be conditioned
				  upon the participant providing:
(1) Application
				  information as described in Sections
				  3854 and
				  3854.1.
(2) Renewal applications as described in
				  3855.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 14 - Mental Health Services Act › Article 8 - Workforce Education and Training › Section 3851.1 - Eligible Educational Loans

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Only loans
				  held by an educational lending institution are eligible for assumption under the
				  Mental Health Loan Assumption Program.
(b) Eligible educational loan programs include,
				  but are not limited to:
(1) The Federal Family
				  Education Loan Program in 20
				  U.S.C. Sec. 1071 et seq.
(2) The Federal Direct Loan Program in
				  20 U.S.C. Sec.
				  1087b et seq.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 14 - Mental Health Services Act › Article 8 - Workforce Education and Training › Section 3852 - Selection Process

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The County
				  shall receive and review application packages for the Mental Health Loan Assumption
				  Program.
(b) A process for selection and
				  criteria for participation in the Mental Health Loan Assumption Program shall be
				  developed.
(c) Each approved application
				  shall include written certification by the County Mental Health Director or his/her
				  authorized designee stating that the applicant is employed in a Public Mental Health
				  System position that is hard-to-fill or in which it is hard to retain
				  staff.
1. New section
					 filed 11-4-2009; operative 12-4-2009 (Register 2009, No. 45).
Note: Authority cited: Section
						5898,
						Welfare and Institutions Code. Reference: Sections
						5820
						and
						5822,
						Welfare and Institutions Code; and Section
						3, MHSA.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 14 - Mental Health Services Act › Article 8 - Workforce Education and Training › Section 3853 - Requirements for Participation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  applicant becomes a participant in the Mental Health Loan Assumption Program when
				  the loan assumption application as described in 3854.1 has been approved and
				  signed.
(b) A participant in the Mental
				  Health Loan Assumption Program shall continue to make payments to the educational
				  lending institution holding his/her loan, as required by the terms of the
				  loan.
1. New section
					 filed 11-4-2009; operative 12-4-2009 (Register 2009, No. 45).
Note: Authority cited: Section
						5898,
						Welfare and Institutions Code. Reference: Sections
						5820
						and
						5822,
						Welfare and Institutions Code; and Section
						3, MHSA.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 14 - Mental Health Services Act › Article 8 - Workforce Education and Training › Section 3854 - Application Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  applicant shall submit to the County an application package that includes:
(1) A completed loan assumption application as
				  described in Section
				  3854.1.
(2) Written certification signed by the
				  applicant's employer stating that the applicant is employed, or has made a
				  commitment to commence employment in a Public Mental Health System
				  position.
(3) A signed proposed loan
				  assumption agreement, as described in 3854.2.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 14 - Mental Health Services Act › Article 8 - Workforce Education and Training › Section 3854.1 - Mental Health Loan Assumption Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The loan
				  assumption application shall include, at a minimum:
(1) Applicant's name and social security
				  number.
(2) Applicant's address and
				  telephone number(s).
(3) Applicant's
				  date of birth.
(4) Name of educational
				  lending institution(s).
(5) Balance(s)
				  of the applicant's eligible educational loan(s).
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 14 - Mental Health Services Act › Article 8 - Workforce Education and Training › Section 3854.2 - Mental Health Loan Assumption Agreement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The term of
				  the loan assumption agreement and each renewal shall be twelve (12) consecutive
				  months.
(b) The loan assumption
				  agreement shall include a statement that the applicant understands that his/her
				  loan(s) will only be assumed after he/she has maintained employment for twelve (12)
				  consecutive months in an eligible position.
(c) A participant in the Mental Health Loan
				  Assumption Program may not enter into more than one loan assumption agreement at a
				  time, but the agreement may include more than one loan.
1. New section
					 filed 11-4-2009; operative 12-4-2009 (Register 2009, No. 45).
Note: Authority cited: Section
						5898,
						Welfare and Institutions Code. Reference: Section
						5822,
						Welfare and Institutions Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 14 - Mental Health Services Act › Article 8 - Workforce Education and Training › Section 3856 - Participation Compliance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The County
				  shall verify the participant's compliance with all requirements of the Mental Health
				  Loan Assumption Program. Any participant who does not comply with his/her loan
				  assumption agreement shall be removed or suspended from the Program.
(b) If a participant is removed or suspended from
				  the Mental Health Loan Assumption Program, no further loan assumption payments shall
				  be made until the participant has achieved sufficient compliance for
				  reinstatement.
(c) If a program
				  participant withdraws, or is removed from the Mental Health Loan Assumption Program
				  at any time prior to completing the employment required in his/her loan assumption
				  agreement, he/she is liable for all educational loan obligations.
1. New section
					 filed 11-4-2009; operative 12-4-2009 (Register 2009, No. 45).
Note: Authority cited: Section
						5898,
						Welfare and Institutions Code. Reference: Section
						5822,
						Welfare and Institutions Code; and Section
						3, MHSA.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 14 - Mental Health Services Act › Article 9 - Innovation › Section 3900 - Rule of General Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The use of
				  Innovation Funds shall be governed by the provisions specified in this Article and
				  Articles 1 through 5, unless otherwise specified.
1. New article 9
					 (sections 3900-3935) and section filed 7-16-2015;
					 operative 10-1-2015 (Register 2015, No. 29).
Note: Authority cited: Section
						5846,
						Welfare and Institutions Code. Reference: Sections
						5830
						and
						5892(a)(6),
						Welfare and Institutions Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 14 - Mental Health Services Act › Article 9 - Innovation › Section 3905 - Required Approval

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The County
				  shall expend Innovation Funds for a specific Innovative Project only after the
				  Mental Health Services Oversight and Accountability Commission approves the funds
				  for that Innovative Project.
(b) The
				  County shall expend Innovation Funds only to implement one or more Innovative
				  Projects.
1. New section
					 filed 7-16-2015; operative 10-1-2015 (Register 2015, No. 29).
Note: Authority cited: Section
						5846,
						Welfare and Institutions Code. Reference: Sections
						5830(e)
						and
						5892(a)(6),
						Welfare and Institutions Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 14 - Mental Health Services Act › Article 9 - Innovation › Section 3910 - Innovative Project General Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The County
				  shall design and implement an Innovative Project to do one of the following:
(1) Introduce a mental health practice or approach
				  that is new to the overall mental health system, including, but not limited to,
				  prevention and early intervention.
(2)
				  Make a change to an existing practice in the field of mental health, including but
				  not limited to, application to a different population.
(3) Apply to the mental health system a promising
				  community-driven practice or approach that has been successful in non-mental health
				  contexts or settings.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 14 - Mental Health Services Act › Article 9 - Innovation › Section 3910.010 - Time-Limited Pilot Project

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An
				  Innovative Project shall have an end date that is not more than five years from the
				  start date of the Innovative Project.
(1) "Start
				  date" means the date the County begins the implementation of the Innovative
				  Project.
(2) "End date" means the date
				  the County finalizes the decision whether to continue the Innovative
				  Project.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 14 - Mental Health Services Act › Article 9 - Innovation › Section 3910.015 - Continuation of an Innovative Project

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) After
				  completion of the evaluation pursuant to section
				  3915 (i.e. when the evaluation questions
				  are answered), the County, with meaningful involvement of stakeholders, shall decide
				  whether and how Innovative Projects or elements of Innovative Projects, will be
				  continued and incorporated into the local mental health delivery system and with
				  what other funding sources, if funding is required.
(b) An Innovative Project proven to be successful
				  that the County, with meaningful stakeholder involvement, chooses to continue, in
				  whole or in part, shall not be funded with Innovation Funds.
(c) To continue a successful Innovative Project,
				  the County shall transition the Project, or successful elements of the Project, if
				  funding is required, to another category of funding. In some instances, the County
				  may be able to incorporate successful practices demonstrated through an Innovative
				  Project into existing mental health programs or services without the need for
				  additional funds.
1. New section
					 filed 7-16-2015; operative 10-1-2015 (Register 2015, No. 29).
Note: Authority cited: Section
						5846,
						Welfare and Institutions Code. Reference: Sections
						5830(d)
						and
						5848,
						Welfare and Institutions Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 14 - Mental Health Services Act › Article 9 - Innovation › Section 3910.020 - Early Termination of an Innovative Project

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The County,
				  with meaningful involvement from stakeholders, may terminate an Innovative Project
				  prior to the planned end date.
(1) The County
				  shall notify stakeholders and the Mental Health Services Oversight and
				  Accountability Commission within 30 days of the County's decision to terminate an
				  Innovative Project prior to the planned end date, including the reasons for the
				  decision.
(A) If the Innovative Project provides
				  services for individuals with serious mental illness, the notification shall include
				  a description of the steps the County took to protect and provide continuity of
				  services for those individuals with serious mental illness who were being
				  served.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 14 - Mental Health Services Act › Article 9 - Innovation › Section 3915 - Innovative Project Evaluation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The County
				  shall design a method for evaluating the effectiveness and feasibility of the
				  Innovative Project and shall conduct the evaluation according to the method
				  designed.
(b) The evaluation shall
				  measure intended mental health outcomes selected by the County that are relevant to
				  the risk of, manifestation of, and/or recovery from mental illness or to the
				  improvement of the mental health system.
(1) The
				  County shall select appropriate indicators to measure the intended mental health
				  outcomes.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 14 - Mental Health Services Act › Article 9 - Innovation › Section 3925 - Changed Innovative Project

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If the
				  County determines a need to change an Innovative Project that was approved by the
				  Mental Health Services Oversight and Accountability Commission in one of the
				  following ways, the County shall submit the Innovative Project Change Request
				  pursuant to Section
				  3935 to the Mental Health Services
				  Oversight and Accountability Commission and receive approval from the Mental Health
				  Services Oversight and Accountability Commission before the change may be made.
(1) Change the primary purpose.
(2) Change the basic practice or approach that the
				  County is piloting and evaluating. Minor changes in how the approach is being
				  implemented are expected and do not require prior approval from the Mental Health
				  Services Oversight and Accountability Commission.
(A) Examples of minor changes that do not require
				  submission of an Innovative Project Change Request and Commission approval include,
				  but are not limited to, (a) changes in the design of the evaluation, including
				  adding intended outcomes to be measured, (b) adding intended beneficiaries (e.g.
				  population, demographics), (c) changing the methods to disseminate results of the
				  Innovative Project, and (d) refining program methods based on interim evaluation
				  results.
(3) Expend more
				  Innovation Funds than previously approved.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 14 - Mental Health Services Act › Article 9 - Innovation › Section 3930 - Innovation Component of the Three-Year Program and Expenditure Plan and Annual Update

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) To request
				  approval to use Innovation Funds for a specific Innovative Project, the County shall
				  submit to the Mental Health Services Oversight and Accountability Commission an
				  Innovative Project Plan for each new Innovative Project to be funded.
(b) The Innovation Component of the Three-Year
				  Program and Expenditure Plan or Annual Update shall include an Innovative Project
				  Plan with the following general information for each new Innovative Project:
(1) A description of how the County ensured that
				  staff and stakeholders involved in the Community Program Planning process required
				  by Title 9 California Code of Regulations, Section
				  3300 were informed about and understood
				  the purpose and requirements of the Mental Health Services Act Innovation
				  Component
(2) A description of the
				  County's plan to involve community stakeholders meaningfully in all phases of
				  Innovative Projects, including evaluation of the Innovative Project and
				  decision-making regarding whether to continue the Innovative Project, or elements of
				  the Project, without Innovation Funds.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 14 - Mental Health Services Act › Article 9 - Innovation › Section 3935 - Innovative Project Change Request

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If, after
				  the Innovative Project has been approved by the Mental Health Services Oversight and
				  Accountability Commission, the County determines the need to change the Innovative
				  Project as described in 3925, the County shall submit a Change Request for approval
				  by the Mental Health Services Oversight and Accountability Commission. The Change
				  Request shall describe the change, the reasons for the change, and stakeholder
				  involvement in the decision.
(b) The
				  County may submit the Innovative Project Change Request to the Mental Health
				  Services Oversight and Accountability Commission as part of a Three-Year Program and
				  Expenditure Plan, Annual Update, or as a separate request.
(1) If the County submits the Innovative Project
				  Change Request as a separate request and not part of a Three-Year Program and
				  Expenditure Plan or Annual Update, the County shall document how it complied with
				  the community planning and the local review requirements in Title 9 California Code
				  of Regulations sections
				  3300 and
				  3315.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 15 - Assessment of Sexually Violent Predators › Section 4000 - Application of Chapter

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This chapter applies to evaluators performing an assessment to
				  determine whether a person is a sexually violent predator pursuant to Welfare and
				  Institutions Code §
									6600
				  et seq.
1. New chapter 15
				  (sections 4000-4005) and section filed 2-6-2009 as
				  an emergency; operative 2-6-2009 (Register 2009, No. 6). A Certificate of Compliance
				  must be transmitted to OAL by 8-5-2009 or emergency language will be repealed by
				  operation of law on the following day.
2. Certificate of Compliance as to
				  2-6-2009 order transmitted to OAL 7-31-2009 and filed 9-14-2009 (Register 2009, No.
				  38).
Note: Authority cited: Sections
					 4005.1
					 and
					 4027,
					 Welfare and Institutions Code. Reference: Sections
					 6600
					 and
					 6601,
					 Welfare and Institutions Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 15 - Assessment of Sexually Violent Predators › Section 4005 - Evaluator Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The evaluator, according to his or her professional judgment,
				  shall apply tests or instruments along with other static and dynamic risk factors
				  when making the assessment. Such tests, instruments and risk factors must have
				  gained professional recognition or acceptance in the field of diagnosing, evaluating
				  or treating sexual offenders and be appropriate to the particular patient and
				  applied on a case-by-case basis. The term "professional recognition or acceptance"
				  as used in this section means that the test, instrument or risk factor has undergone
				  peer review by a conference, committee or journal of a professional organization in
				  the fields of psychology or psychiatry, including, but not limited to, the American
				  Psychological Association, the American Psychiatric Association, and the Association
				  for the Treatment of Sexual Abusers.
1. New section
				  filed 2-6-2009 as an emergency; operative 2-6-2009 (Register 2009, No. 6). A
				  Certificate of Compliance must be transmitted to OAL by 8-5-2009 or emergency
				  language will be repealed by operation of law on the following day.
2.
				  Certificate of Compliance as to 2-6-2009 order transmitted to OAL 7-31-2009 and
				  filed 9-14-2009 (Register 2009, No. 38).
Note: Authority cited: Section
					 4027,
					 Welfare and Institutions Code. Reference: Sections
					 6600
					 and
					 6601,
					 Welfare and Institutions Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 15 - Assessment of Sexually Violent Predators › Section 4011 - Evaluation Overview

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Sexually Violent
				Predator (SVP) evaluations conducted pursuant to Welfare and Institutions Code
				section
				6601,
				subdivision (c) shall be completed pursuant to this Chapter. For the purpose of this
				Chapter, "Evaluator" refers to the forensic evaluator conducting the SVP evaluation,
				and "Individual" refers to the subject of the interview, the inmate or person being
				evaluated.
(b) The evaluation shall
				address and provide an answer to the questions under the following Criteria titled
				as Criterion A, Criterion B, and Criterion C:
(1)
				Criterion A: Has the Individual been convicted of a sexually violent criminal
				offense against one or more victims as enumerated in Welfare and Institutions Code
				section
				6600?
(2) Criterion B: Does the Individual have a
				Diagnosed Mental Disorder (DMD) that predisposes the Individual to the commission of
				criminal sexual acts?
(3) Criterion C:
				Without appropriate treatment and custody, is the Individual likely to engage in
				sexually violent predatory criminal acts as a result of his or her
				DMD?
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 15 - Assessment of Sexually Violent Predators › Section 4012 - Record Review

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Evaluator shall conduct a review of the Individual's records.
				  The Evaluator shall use due diligence in obtaining and reviewing available records
				  which may include, but are not limited, to the California Department of Corrections
				  and Rehabilitation (CDCR) central file, medical and psychiatric files, sexual
				  interest testing which may include, but is not limited to, penile plethysmograph,
				  polygraph, or visual reaction time measures, probation officers' reports, arrest
				  reports, disciplinary reports, psychological evaluations, parole reports, and the
				  record of arrests and prosecutions (RAP sheet).
1. New section
				  filed 1-15-2019; operative 4-1-2019 (Register 2019, No. 3).
Note: Authority cited: Sections
					 4005.1,
					 4027
					 and
					 4101,
					 Welfare and Institutions Code. Reference: Sections
					 6600,
					 6601,
					 6603
					 and
					 6604.9,
					 Welfare and Institutions Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 15 - Assessment of Sexually Violent Predators › Section 4013 - Interview

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Evaluator
				shall review the Individual's Disability and Effective Communication System (DECS)
				printout from CDCR and make necessary accommodations to conduct the interview. If
				the DECS is not available for review, the Evaluator shall assess the Individual's
				ability to communicate by other reasonable means including but, not limited to
				testing the Individual's ability to comprehend and retain verbal communication. The
				Evaluator shall document any accommodations requested or needed. Upon the
				Individual's request, services of a language interpreter shall be provided to the
				Individual. If the Individual does not request the services of a language
				interpreter, the Evaluator shall assess the need to utilize a language interpreter
				and an interpreter shall be provided to the Individual if the Evaluator determines
				one is needed.
(b) The Evaluator should
				make a reasonable attempt to conduct a face-to-face interview with the Individual.
				Face-to-face interviews, include interviews conducted via video
				telepsychiatry.
(c) The Evaluator shall
				discuss with the Individual the nature of the evaluation process and attempt to
				obtain informed consent, as provided in Section
				4014, subdivision (b)(3), and inform the
				Individual that non-identifying data may be used for research by the Department of
				State Hospitals. Throughout the interview, the Evaluator shall maintain a position
				of neutrality with regard to the SVP law. The Evaluator shall not provide legal
				advice to the Individual regarding the Individual's decision to interview. If the
				Individual refuses to interview, the Evaluator shall document the refusal and inform
				the Individual that even without an interview, a SVP forensic report shall be
				written and submitted.
(1) The Evaluator shall
				make reasonable attempts to obtain informed consent. The Evaluator shall explain to
				the Individual the limits of confidentiality and the Evaluator's professional and
				legal obligation as a mandated reporter.
(2) At any point during the interview, the
				Evaluator shall not provide feedback to the Individual regarding the Evaluator's
				professional opinion about whether the Individual meets Criterion A, Criterion B, or
				Criterion C, or the Individual's diagnosis or risk level.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 15 - Assessment of Sexually Violent Predators › Section 4014 - Forensic Report

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Evaluator shall write a forensic report, which shall include
				  the following sections.
(a) The Identifying
				Information section shall include: identifying data including the Individual's name,
				date of birth, CDCR number, California Information and Index (CII) number; the
				facility where the Individual is located; county of commitment; interview date; the
				date report was completed; earliest possible release date (EPRD); findings for
				Criterion A, Criterion B, and Criterion C; final outcome; and Evaluator
				name.
(b) The Notice of Evaluation
				section shall note the date the Individual was interviewed, the location of the
				interview, and the duration of the interview.
(1)
				This section shall indicate how the Evaluator used DECS, or other means if the DECS
				was not available, to determine whether effective communication was made, and
				whether any modifications or accommodations were needed and utilized for the
				face-to-face interview.
(2) This section
				shall include whether the Individual agreed to interview.
(3) This section shall indicate whether the
				Evaluator obtained informed consent from the Individual. The content of the informed
				consent procedure shall include a description of the purpose of the evaluation, the
				potential consequences of the evaluation outcomes, the reporting mandates of
				licensed psychologists or psychiatrists, and the potential use of non-identifying
				information from the submitted evaluations for program quality improvement projects.
				The reporting mandate includes, but is not limited to, any form of child abuse,
				neglect, or exploitation as required by the Child Abuse and Neglect Reporting Act,
				Penal Code sections
				11164-11174.3 and the
				Elder Abuse and Dependent Adult Civil Protection Act, Penal Code sections
				15600 et.
				seq.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 15 - Assessment of Sexually Violent Predators › Section 4014.1 - Certification of Evaluation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Evaluator
				shall submit the report to the Department of State Hospitals.
(b) The Department of State Hospitals shall
				certify the evaluation as the official evaluation prior to providing a copy to the
				court or any other parties involved with the matter.
1. New section
				  filed 1-15-2019; operative 4-1-2019 (Register 2019, No. 3).
Note: Authority cited: Sections
					 4005.1,
					 4027
					 and
					 4101,
					 Welfare and Institutions Code. Reference: Sections
					 6600,
					 6601,
					 6603
					 and
					 6604.9,
					 Welfare and Institutions Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 15 - Assessment of Sexually Violent Predators › Section 4015 - Special Considerations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Where a jury has
				previously found that an Individual is not a SVP, the Evaluator may still provide an
				opinion that the Individual is a SVP so long as the following conditions are met:
(1) The report contains information showing the
				Evaluator understood and accepted, for purposes of the current diagnosis, the prior
				jury finding as true.
(2) The Evaluator
				explains why, despite the prior finding, the facts are sufficiently different so
				that the Individual is now a dangerous Individual who is likely to reoffend within
				the meaning of the Sexually Violent Predator Act.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 15 - Assessment of Sexually Violent Predators › Section 4020 - Evaluations Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) "Necessary"
				shall mean no more frequently than annually, with an exception if the original
				evaluation(s) will become older than a year old during the time of trial under the
				Sexually Violent Predator Act.
(b)
				"Original evaluation" shall mean either:
(1) Two
				concurring initial evaluations conducted pursuant to Welfare and Institutions Code
				section
				6601,
				subdivision (d); or
(2) Two concurring
				independent evaluations conducted pursuant to Welfare and Institutions Code section
				6601,
				subdivision (f).
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 15 - Assessment of Sexually Violent Predators › Section 4020.1 - Update Evaluations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Department
				of State Hospitals shall perform necessary update evaluations pursuant to Welfare
				and Institutions Code section
				6603,
				subdivision (c)(1), on the original evaluations.
(1) If an updated evaluation performed under
				subdivision (a) results in a difference of opinion, the department shall appoint two
				independent professionals to each complete an evaluation.
(2) When update evaluations of the original
				evaluations are requested by the petitioner after a petition is filed, pursuant to
				Welfare and Institutions Code section
				6603,
				subdivision (c)(1), and an independent evaluation has previously been conducted to
				address a difference of opinion post-petition pursuant to subdivision (a)(1), the
				independent evaluations under subdivision (a)(1) and the original evaluations may be
				updated.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 16 - State Hospital Operations › Article 1 - General Provisions › Section 4100 - Application of Chapter

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The regulations set forth in Chapter 16 are applicable to all
					 facilities owned and operated by the Department of Mental Health.
1. New article 1
					 (sections 4100-4105) and section filed 8-9-2010;
					 operative 8-9-2010 pursuant to Government Code section
					 11343.4
					 (Register 2010, No. 33).
Note: Authority cited: Sections
						4005.1,
						4027
						and
						4101,
						Welfare and Institutions Code. Reference: Sections
						4027
						and
						4101,
						Welfare and Institutions Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 16 - State Hospital Operations › Article 1 - General Provisions › Section 4105 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The terms,
				  "state hospital," or "facility," as used in this chapter shall mean "any hospital
				  owned and operated by the Department of Mental Health."
(b) The terms, "individual patient," or "patient,"
				  as used in this chapter shall mean "any state hospital patient who is committed to
				  and/or receiving treatment in a state hospital."
1. New section
					 filed 8-9-2010; operative 8-9-2010 pursuant to Government Code section
					 11343.4
					 (Register 2010, No. 33).
Note: Authority cited: Sections
						4005.1,
						4027
						and
						4101,
						Welfare and Institutions Code. Reference: Sections
						4027
						and
						4101,
						Welfare and Institutions Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 16 - State Hospital Operations › Article 2 - Treatment › Section 4210 - Interim Involuntary Medication Hearing Procedures at State Hospitals

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  Department of State Hospitals may conduct administrative hearings on hospital
				  grounds to determine the necessity to administer non-emergency interim involuntary
				  antipsychotic medication to a patient committed under:
(1) Penal Code section
				  1026 et seq. (Not
				  Guilty by Reason of Insanity);
(2) Penal
				  Code sections
				  2962 et seq. and
				  2972 et seq.
				  (Mentally Disordered Offender);
(3)
				  Welfare and Institutions Code section
				  6316
				  (Stats. 1967, c. 1667; see also, Stats. 1981, c. 928, for additional legislative
				  intent) et seq. (Mentally Disordered Sex Offender); and/or
(4) Welfare and Institutions Code section
				  6000
				  et seq. (Sexually Violent Predator).
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 16 - State Hospital Operations › Article 3 - Safety and Security › Section 4300 - Visits for Individual Patients

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Facility
				  visiting hours shall be scheduled seven days a week for a minimum of five hours each
				  day.
(b) The facility shall provide
				  private areas for individual patients to consult with an attorney for confidential
				  communications.
(c) The facility may
				  modify the visiting hours or suspend visiting days when necessary for safety and
				  security concerns and staffing limitations.
(d) No conjugal visits shall be allowed.
1. New section
					 filed 8-9-2010; operative 8-9-2010 pursuant to Government Code section
					 11343.4
					 (Register 2010, No. 33).
Note: Authority cited: Sections
						4005.1,
						4027
						and
						4101,
						Welfare and Institutions Code. Reference: Sections
						4027
						and
						5325,
						Welfare and Institutions Code.