reglab/statecodes huggingface dataset:
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 7 - Acute and Nonacute Levels of 24-Hour Mental Health Care Provided by County Mental Health Agencies in Correctional Treatment Centers › Section 1103 - Mental Health Treatment Program

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A mental health treatment program shall be organized, staffed, and
				  equipped to provide mental health treatment services for inmate-patients who require
				  24-hour inpatient care and treatment for acute or nonacute mental health disorders.
				  A mental health treatment program is an optional program within a licensed
				  correctional treatment center and therefore shall be subject to all pertinent rules
				  contained in 22 CCR Sections 79501 through
				  79861.
1. New section
				  filed 7-14-94; operative 1-2-96 (Register 94, No. 28).
2. Change without
				  regulatory effect renumbering former section
				  783 to new section
				  1103 filed 8-31-95 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 95, No. 34).
Note: Authority cited: Sections
					 1250.1(a)(12)
					 and
					 1267.10(a),
					 Health and Safety Code. Reference: Sections
					 1250(j)
					 and
					 1254,
					 Health and Safety Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 7 - Acute and Nonacute Levels of 24-Hour Mental Health Care Provided by County Mental Health Agencies in Correctional Treatment Centers › Section 1104 - Mental Health Treatment Program-General Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The mental
				health treatment program shall be only for inmate-patients with a diagnosable mental
				disorder who require 24-hour mental health care.
(b) Each mental health treatment program shall
				have a clinical director who shall direct the clinical program, provide general
				direction to professional and nonprofessional staff and be responsible for the
				quality of clinical services performed in the facility.
(c) The clinical director of the mental health
				treatment program in consultation with other mental health staff, shall develop and
				implement written policies and procedures for the mental health treatment
				program.
(d) There shall be preadmission
				patient screening for each inmate-patient completed by the clinical director or his
				or her designee.
(e) Release of medical
				records or mental health treatment information concerning any inmate-patient shall
				be only as authorized under Section
				5328
				of the Welfare and Institutions Code.
(f) Involuntary mental health treatment, including
				involuntary medication, shall be provided only as authorized in accordance with Part
				1 (commencing with Section
				5000) of Division 5 of the Welfare and
				Institutions Code, unless involuntary treatment is otherwise authorized by
				law.
1. New section
				  filed 7-14-94; operative 1-2-96 (Register 94, No. 28).
2. Change without
				  regulatory effect renumbering former section
				  784 to new section
				  1104 filed 8-31-95 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 95, No. 34).
Note: Authority cited: Sections
					 1250.1(a)(12)
					 and
					 2367.10(a),
					 Health and Safety Code. Reference: Sections
					 1250(i)
					 and
					 1254,
					 Health and Safety Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 7 - Acute and Nonacute Levels of 24-Hour Mental Health Care Provided by County Mental Health Agencies in Correctional Treatment Centers › Section 1105 - Mental Health Treatment Program-Admission and Discharge Policies

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each mental
				health treatment program shall develop and implement written admission and discharge
				policies approved by the Governing Body encompassing which staff members authorized
				by law to diagnose and treat may admit or discharge inmate-patients, the types of
				diagnoses for which inmate-patients may be admitted, limitations imposed by law or
				licensure, staffing limitations, preadmission inmate-patient screening, rules
				governing emergency admission, limitation of services, termination of services,
				discharge of inmate-patients and other relevant functions.
(b) No inmate-patient may be placed in a mental
				health treatment program who is not admitted as an inmate-patient by a member of the
				mental health treatment program staff.
(c) The inmate-patient's condition, provisional
				diagnosis and a plan for initial treatment shall be determined by admitting staff
				within 24 hours of admission.
1. New section
				  filed 7-14-94; operative 1-2-96 (Register 94, No. 28).
2. Change without
				  regulatory effect renumbering former section
				  785 to new section
				  1105 filed 8-31-95 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 95, No. 34).
Note: Authority cited: Sections
					 1250.1(a)(12)
					 and
					 1267.10(a),
					 Health and Safety Code. Reference: Sections
					 1250(j)
					 and
					 1254,
					 Health and Safety Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 7 - Acute and Nonacute Levels of 24-Hour Mental Health Care Provided by County Mental Health Agencies in Correctional Treatment Centers › Section 1106 - Mental Health Treatment Program-Multidisciplinary Treatment Team

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				multidisciplinary treatment team shall be comprised of those persons who work
				directly with the inmate-patient in each of the disciplines or service areas that
				provide service to the inmate-patient, including the clinical director or designee,
				a psychiatrist, a clinical psychologist, a licensed clinical social worker, a member
				of the nursing staff and any other staff person who is involved in the treatment and
				care of the inmate-patient.
(b) The
				multidisciplinary treatment team shall provide assessment, and any reassessment, of
				an inmate-patient's individual treatment plan.
1. New section
				  filed 7-14-94; operative 1-2-96 (Register 94, No. 28).
2. Change without
				  regulatory effect renumbering former section
				  786 to new section
				  1106 filed 8-31-95 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 95, No. 34).
Note: Authority cited: Sections
					 1250.1(a)(12)
					 and
					 1267.10(a),
					 Health and Safety Code. Reference: Sections
					 1250(i)
					 and
					 1254,
					 Health and Safety Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 7 - Acute and Nonacute Levels of 24-Hour Mental Health Care Provided by County Mental Health Agencies in Correctional Treatment Centers › Section 1107 - Mental Health Treatment Program-Individual Treatment Plan

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The individual
				treatment plan shall:
(1) Be developed in writing
				by the multidisciplinary treatment team and, where possible, in collaboration with
				the inmate-patient. The treatment plan shall be developed as soon as possible, but
				no later than 72 hours following the inmate-patient's admission.
(2) Be based on a comprehensive assessment of the
				inmate-patient's physical, mental, emotional and social needs.
(3) Be reviewed and updated as often as indicated,
				but no less often than every seven (7) days, weekends and holidays excepted, for
				acute mental health inmate-patients and every thirty (30) days for nonacute mental
				health inmate-patients.
(4) Include, but
				not be limited to:
(A) A statement of the
				inmate-patient's physical and mental condition, including all mental health
				diagnoses.
(B) Prescribed medication,
				dosage and frequency of administration.
(C) Specific goals of treatment with intervention
				and actions that identify steps toward improvement or recovery and observable,
				measurable objectives.
(D)
				Identification of methods to be utilized, the frequency for conducting each
				treatment method and the person(s) or discipline(s) responsible for each treatment
				method.
(E) Documentation of the success
				or failure in achieving stated objectives.
(F) Evaluation of the factors contributing to the
				inmate-patient's progress or lack of progress toward recovery and a statement of the
				multidisciplinary treatment team decision for follow-up action.
(G) An activity plan.
(H) A plan for other services needed by the
				inmate-patient which are not provided by the mental health treatment
				program.
(I) Goals for aftercare and a
				plan for post-discharge follow-up.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 7 - Acute and Nonacute Levels of 24-Hour Mental Health Care Provided by County Mental Health Agencies in Correctional Treatment Centers › Section 1108 - Mental Health Treatment Program-Services

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Psychiatric and
				psychological services.
(1) Psychiatrists or
				clinical psychologists, within the scope of their licensure and subject to the rules
				of the facility, shall be responsible for the initial diagnosis of each
				inmate-patient.
(2) An inmate-patient
				shall be evaluated by a psychiatrist as soon as possible but not later than
				seventy-two (72) hours from the time staff determines that the inmate-patient
				requires or may require psychotropic medication.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 7 - Acute and Nonacute Levels of 24-Hour Mental Health Care Provided by County Mental Health Agencies in Correctional Treatment Centers › Section 1109 - Acute Mental Health Care

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Acute mental health care means that level of voluntary or
				  involuntary 24 hour care that is required to provide ongoing intensive evaluation
				  and treatment by mental health staff to inmate-patients suffering from severe mental
				  disorder. Acute levels of care include, but are not limited to:
(1) treatment of acute levels of severe mental
				disorder or
(2) clinical restraint and
				seclusion. Such inmate-patients are those, who if in the community, would require
				the services of a licensed health facility providing 24-hour acute mental health
				care. Such facilities include but are not limited to psychiatric health facilities
				or acute psychiatric hospitals.
1. New section
				  filed 7-14-94; operative 1-2-96 (Register 94, No. 28).
2. Change without
				  regulatory effect renumbering former section
				  789 to new section
				  1109 filed 8-31-95 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 95, No. 34).
Note: Authority cited: Sections
					 1250.1(a)(12)
					 and
					 1267.10(a),
					 Health and Safety Code. Reference: Section
					 1250(j)
					 and
					 1254,
					 Health and Safety Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 7 - Acute and Nonacute Levels of 24-Hour Mental Health Care Provided by County Mental Health Agencies in Correctional Treatment Centers › Section 1110 - Nonacute 24-Hour Mental Health Care

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Nonacute 24-hour mental health care means that level of voluntary
				  or involuntary care that is required to provide mental health services to mentally
				  disordered inmate-patients who are not in need of acute mental health care, but who
				  require general mental health evaluation, diagnostic assessment, treatment, nursing
				  and/or related services, on a 24-hour per day basis in order to achieve
				  stabilization and/or an optimal level of functioning. Such inmate-patients are those
				  who, if in the community, would require the services of a licensed health facility
				  providing 24-hour subacute mental health care. Such facilities include, but are not
				  limited to, skilled nursing facilities with special treatment programs. Subacute has
				  the same meaning as nonacute as defined in this section.
1. New section
				  filed 7-14-94; operative 1-2-96 (Register 94, No. 28).
2. Change without
				  regulatory effect renumbering former section
				  790 to new section
				  1110 filed 8-31-95 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 95, No. 34).
Note: Authority cited: Sections
					 1250.1(a)(12)
					 and
					 1267.10(a),
					 Health and Safety Code. Reference: Sections
					 1250(j)
					 and
					 1254,
					 Health and Safety Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 7 - Acute and Nonacute Levels of 24-Hour Mental Health Care Provided by County Mental Health Agencies in Correctional Treatment Centers › Section 1111 - Mental Health Treatment Program Staffing-Basic Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each mental
				health treatment program shall have a clinical director who shall be a psychiatrist,
				clinical psychologist, licensed clinical social worker, licensed marriage, family
				and child counselor, or a psychiatric mental health nurse operating within his or
				her scope of licensure. The clinical director shall have at least three years of
				direct clinical experience with the severely mentally disordered (after the
				completion of his or her last year of graduate education).
(b) Only that portion of correctional treatment
				center staff or contracted employee hours spent on the care of patients in the
				mental health treatment program may be counted as part of the required staffing
				pattern.
(c) The required minimum
				staffing ratios shall be calculated based upon the actual census of inmate-patients
				receiving 24-hour mental health care.
(d) Mental health treatment program nursing
				services shall be provided under the direction of a registered nurse who shall meet
				at least the following qualifications:
(1) Master's
				degree in psychiatric nursing or related field with experience in administration;
				or
(2) Two years of experience in
				psychiatric nursing; or
(3) Two years of
				experience in nursing administration or supervision and one year of experience in
				psychiatric nursing.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 7 - Acute and Nonacute Levels of 24-Hour Mental Health Care Provided by County Mental Health Agencies in Correctional Treatment Centers › Section 1112 - Mental Health Treatment Program Staffing-Acute Care Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Mental health treatment programs that provide acute 24-hour mental
				  health care shall meet the following dedicated full-time equivalent staff to census
				  ratios for only acute inmate-patients in any 24-hour period. These are minimum
				  requirements of the total numbers of persons to staff all shifts in any 24-hour
				  period. Staff required by earlier sections of this chapter for the disciplines
				  listed in this section may be counted toward meeting the staffing pattern required
				  in this section for that portion of their time that is spent in caring for acute
				  patients. The above staffing requirements in this section for registered nurse,
				  licensed vocational nurse, or psychiatric technician are to be followed instead of
				  the requirement of 2.5 nursing hours per patient day required for other correctional
				  treatment center inmate-patients. That portion of the time of a psychiatric mental
				  health nurse that is counted toward one category of the staffing requirements shall
				  not be counted towards another category of the staffing requirements. Unlicensed
				  custody staff, to the degree they do work that would otherwise be done by mental
				  health workers and who meet the qualifications of mental health workers, as defined
				  in Title 22, Section
				  79547, may be counted toward the mental
				  health worker requirement. The following chart specifies acute care staffing
				  requirements in relation to the acute mental health care inmate-patient
				  census.
Acute Mental Health Care
						  Census:
1-5
6-10
11-20
21-30
31-40
41-50
51-60
61-70
71-80
81-90
91-100
Staff:
Psychiatrist or Clinical Psychologist or Licensed Clinical
						  Social Worker or Licensed Marriage, Family and Child Counselor, or Psychiatric
						  Mental Health Nurse
.5
1
2
3
4
5
6
7
8
9
10
Registered Nurse or Licensed Vocational Nurse or Psychiatric
						  Technician
3
4
5
6
8
10
12
14
16
18
20
Mental Health Worker
1.5
3
5
8
10
13
15
18
20
23
25
TOTALS
5
8
12
17
22
28
33
39
44
50
55
1. New section
				  filed 7-14-94; operative 1-2-96 (Register 94, No. 28).
2. Change without
				  regulatory effect renumbering former section
				  792 to new section
				  1112 filed 8-31-95 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 95, No. 34).
Note: Authority cited: Sections
					 1250.1(a)(12)
					 and
					 1267.10(a),
					 Health and Safety Code. Reference: Sections
					 1250(j)
					 and
					 1254,
					 Health and Safety Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 7 - Acute and Nonacute Levels of 24-Hour Mental Health Care Provided by County Mental Health Agencies in Correctional Treatment Centers › Section 1113 - Mental Health Treatment Program Staffing-Nonacute Care Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Nonacute 24-hour mental health care may be provided by any
				  correctional treatment center meeting the basic staffing requirements specified in
				  22 CCR Section
				  79631, Nursing Service- Staff Required Services,
				  including the requirements for 2.5 nursing hours per patient day, and by the Mental
				  Health Treatment Program Staffing--Basic Requirements, set forth in Section
				  791.
1. New section
				  filed 7-14-94; operative 1-2-96 (Register 94, No. 28).
2. Change without
				  regulatory effect renumbering former section
				  793 to new section
				  1113 filed 8-31-95 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 95, No. 34).
Note: Authority cited: Sections
					 1250.1(a)(12)
					 and
					 1267.10(a),
					 Health and Safety Code. Reference: Sections
					 1250(j)
					 and
					 1254,
					 Health and Safety Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 7 - Acute and Nonacute Levels of 24-Hour Mental Health Care Provided by County Mental Health Agencies in Correctional Treatment Centers › Section 1114 - Mental Health Treatment Program-Space

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Space shall be provided for the conduct of the mental health
				  treatment program and shall include:
(1) A
				consultation room for interviewing.
(2)
				An observation room for acutely disturbed inmate-patients.
(3) Indoor or outdoor facilities for therapeutic
				activities.
1. New section
				  filed 7-14-94; operative 1-2-96 (Register 94, No. 28).
2. Change without
				  regulatory effect renumbering former section
				  794 to new section
				  1114 filed 8-31-95 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 95, No. 34).
Note: Authority cited: Sections
					 1250.1(a)(12)
					 and
					 1267.10(a),
					 Health and Safety Code. Reference: Sections
					 1250(j)
					 and
					 1254,
					 Health and Safety Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 8 - Recovery Houses [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New Subchapter 8
				(Sections 1500 through
				1540, not consecutive) filed 3-15-73;
				effective thirtieth day thereafter (Register 73, No. 11).
2. Repealer of
				Subchapter 8 (Articles 1-5, Sections
				1500-1540, not consecutive) filed
				3-3-82; effective thirtieth day thereafter (Register 82, No. 10). For prior history,
				see Registers 78, No. 44; and 78, No. 26.
Note: Authority cited: Sections
				  11217,
				  Health and Safety Code and Sections
				  4351-
				  4355
				  and
				  4360,
				  Welfare and Institutions Code. Reference: Section
				  11217,
				  Health and Safety Code, and Sections
				  4350-
				  4370.5,
				  Welfare and Institutions Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 9 - Audit Appeals of Community Mental Health Services Under the Short-Doyle Act › Article 1 - Definitions › Section 1550 - Policy

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Upon conclusion of any audit or examination by or on behalf of
					 the Department of Mental Health or its predecessors, of records or reports of a
					 Local Mental Health Service as defined in subchapter 3, efforts will be made to
					 resolve and reconcile all differences with the Local Mental Health Service. When
					 such differences cannot be resolved, the audit or examination findings shall not be
					 final except as set forth in this article.
1. New subchapter
					 9 (Sections 1550-1590, not consecutive) filed
					 8-31-79, effective thirtieth day thereafter (Register 79, No. 35).
Note: Authority cited: Sections
						5400
						and
						5750,
						Welfare and Institutions Code. Reference: Sections
						5700.1
						and
						5712,
						Welfare and Institutions Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 9 - Audit Appeals of Community Mental Health Services Under the Short-Doyle Act › Article 1 - Definitions › Section 1551 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following definitions shall govern the construction of
					 sections 1550 through
					 1590.
(a) Act. "Act" means part 2 of division 5 of the
				  Welfare and Institutions Code, known as the Short-Doyle Act.
(b) Director. "Director" means the Director of the
				  Department of Mental Health unless otherwise specified.
(c) Local Director. "Local Director" means the
				  administrator or director of the Local Mental Health Service appointed by the
				  governing body.
(d) Department.
				  "Department" means the State Department of Mental Health.
(e) May, Shall, and Should. "May" is permissive.
				  "Shall" is mandatory. "Should" means suggested or recommended.
(f) Date of Receipt. The "Date of Receipt" shall
				  be the date of signed certified mail receipt. A mailing by the Department shall be
				  properly addressed if addressed to the last address of record with the
				  Department.
(g) Location. The "location"
				  of informal conferences and hearings shall be:
The County of San Francisco for Local Mental Health Service in
					 the 1st Appellate District which includes the following counties:
Alameda
Lake
Napa
Santa Clara
Contra Costa
Marin
San Benito
Santa Cruz
Del Norte
Mendocino
San Francisco
Solano
Humboldt
Monterey
San Mateo
Sonoma
The County of Los Angeles for Local Mental Health Service in the
					 2nd or 4th Appellate District which includes the following counties:
2nd Appellate District
Los Angeles
San Luis Obispo
Santa Barbara
Ventura
4th Appellate District
Orange
Inyo
San Bernardino
San Diego
Riverside
Imperial
The County of Sacramento for Local Mental Health Service in the
					 3rd or 5th Appellate District which includes the following counties:
3rd Appellate District
Alpine
Glenn
Plumas
Sutter
Amador
Lassen
Sacramento
Tehama
Butte
Modoc
San Joaquin
Trinity
Calaveras
Mono
Shasta
Yolo
Colusa
Nevada
Sierra
Yuba
El
Dorado
Placer
Siskiyou
5th Appellate District
Fresno
Kings
Mariposa
Stanislaus
Kern
Madera
Merced
Tulare
Tuolumne
Notwithstanding the above, the parties by mutual agreement may
					 select any place within the State.
Note: Authority cited: Sections
						5400
						and
						5750,
						Welfare and Institutions Code. Reference: Sections
						5700.1
						and
						5712,
						Welfare and Institutions Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 9 - Audit Appeals of Community Mental Health Services Under the Short-Doyle Act › Article 2 - Informal Conference › Section 1555 - Time for Filing Request

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If a Local Mental Health Service disputes any audit or
					 examination findings, the Local Mental Health Service may file a request within
					 sixty (60) days of the date of receipt of the written notice of the audit or
					 examination findings that the Department of Mental Health conduct an informal
					 conference. This request may be amended at any time during this sixty (60)-day
					 period. A request shall be deemed filed on the date it is delivered or mailed to the
					 Director. If no such request is made, the audit or examination findings shall then
					 be final.
1. Editorial
					 correction filed 10-26-82 (Register 82, No. 44).
Note: Authority cited: Sections
						5400
						and
						5750,
						Welfare and Institutions Code. Reference: Sections
						5700.1
						and
						5712,
						Welfare and Institutions Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 9 - Audit Appeals of Community Mental Health Services Under the Short-Doyle Act › Article 2 - Informal Conference › Section 1556 - Contents of Request

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The request shall be in writing and shall be known as the
					 "Statement of Disputed Issues". It need not be formal, but it shall be specific as
					 to the issues which are in dispute, and it shall set forth the Local Mental Health
					 Service's contentions as to those issues.
Note: Authority cited: Sections
						5400
						and
						5750,
						Welfare and Institutions Code. Reference: Sections
						5700.1
						and
						5712,
						Welfare and Institutions Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 9 - Audit Appeals of Community Mental Health Services Under the Short-Doyle Act › Article 2 - Informal Conference › Section 1557 - Informal Conference

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Department shall schedule an informal conference within
					 thirty (30) calendar days and shall conduct the informal conference within
					 two-hundred ten (210) calendar days following receipt of the request therefor. The
					 informal conference shall be held at the locations defined in section
					 1551. Notice of the time and place of
					 the informal conference shall be given in writing by the Department to the Local
					 Mental Health Service at least fifteen (15) calendar days in advance of the
					 conference. The results of the informal conference shall, within forty-five (45)
					 calendar days from the close of the conference, be mailed to the Local Mental Health
					 Service in the form of a written letter of findings. The time limits in this section
					 may be extended by mutual agreement of the Local Mental Health Service and the
					 Department.
Note: Authority cited: Sections
						5400
						and
						5750,
						Welfare and Institutions Code. Reference: Sections
						5700.1
						and
						5712,
						Welfare and Institutions Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 9 - Audit Appeals of Community Mental Health Services Under the Short-Doyle Act › Article 3 - Filing of Appeal › Section 1560 - Audit Appeal Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If upon receipt of the written letter of findings the Local
					 Mental Health Service continues to dispute any matter which was in issue at the
					 informal conference, the Local Mental Health Service may appeal to the Director for
					 a hearing conducted by a hearing officer designated by the Director.
Note: Authority cited: Sections
						5400
						and
						5750,
						Welfare and Institutions Code. Reference: Sections
						5700.1
						and
						5712,
						Welfare and Institutions Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 9 - Audit Appeals of Community Mental Health Services Under the Short-Doyle Act › Article 3 - Filing of Appeal › Section 1561 - Time for Filing Appeal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Local Mental Health Service shall have thirty (30) calendar
					 days following the date of receipt of the letter of findings within which to file an
					 appeal with the Director. An appeal shall be deemed filed on the date it is
					 delivered or mailed to the Director. The time limits in this section may be extended
					 by mutual agreement of the Local Mental Health Director and the Department.
Note: Authority cited: Sections
						5400
						and
						5750,
						Welfare and Institutions Code. Reference: Sections
						5700.1
						and
						5712,
						Welfare and Institutions Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 9 - Audit Appeals of Community Mental Health Services Under the Short-Doyle Act › Article 3 - Filing of Appeal › Section 1562 - Denial of Late Appeal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If an appeal under section
					 1561 is filed after the time permitted
					 herein, a decision shall be issued denying the appeal unless the Local Mental Health
					 Service shows good cause for the late filing. The determination of what constitutes
					 good cause is solely within the discretion of the Director.
Note: Authority cited: Sections
						5400
						and
						5750,
						Welfare and Institutions Code. Reference: Section
						5700.1
						and
						5712,
						Welfare and Institutions Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 9 - Audit Appeals of Community Mental Health Services Under the Short-Doyle Act › Article 3 - Filing of Appeal › Section 1563 - Form of Appeal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An appeal shall be in writing, signed by the Local Director or
					 his or her authorized agent, and shall state the address of the Local Mental Health
					 Service and of the agent, if any. An original and a copy of the appeal shall be
					 submitted. The designation of an agent must be in writing by the Local Mental Health
					 Director.
Note: Authority cited: Sections
						5400
						and
						5750,
						Welfare and Institutions Code. Reference: Sections
						5700.1
						and
						5712,
						Welfare and Institutions Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 9 - Audit Appeals of Community Mental Health Services Under the Short-Doyle Act › Article 3 - Filing of Appeal › Section 1564 - Contents of Appeal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An appeal need not be formal, but it shall be specific as to the
					 issues which continue to be in dispute and shall set forth the Local Mental Health
					 Service's contentions as to those issues. If an appeal fails to state the specific
					 grounds upon which it is based, the Local Mental Health Director or authorized agent
					 shall be notified that it does not comply with the requirement of this section.
					 Within fifteen (15) calendar days after the date that such notice is received, an
					 amended appeal may be filed. If, within the time permitted, the Local Mental Health
					 Director or the authorized agent fails to amend the appeal, the appeal shall be
					 dismissed.
Note: Authority cited: Sections
						5400
						and
						5750,
						Welfare and Institutions Code. Reference: Sections
						5700.1
						and
						5712,
						Welfare and Institutions Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 9 - Audit Appeals of Community Mental Health Services Under the Short-Doyle Act › Article 4 - Formal Appeal Hearing › Section 1565 - Disqualification of Hearing Officer

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A hearing officer shall voluntarily disqualify himself or
					 herself and withdraw from any proceedings in which he or she has an interest. A
					 party may request the disqualification of a hearing officer by filing an affidavit
					 stating in detail the grounds upon which it is claimed that a fair and impartial
					 hearing cannot be given, or that the hearing officer has an interest in the
					 proceedings. The hearing officer shall immediately present the affidavit to the
					 Director who will initiate an investigation into the allegations and shall advise
					 the complaining party, in writing, of his or her decision. A copy of this decision
					 shall be mailed to the other parties.
If the Director is able to conveniently reassign the case to
					 another hearing officer, no investigation shall be required.
Note: Authority cited: Sections
						5400
						and
						5750,
						Welfare and Institutions Code. Reference: Sections
						5700.1
						and
						5712,
						Welfare and Institutions Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 9 - Audit Appeals of Community Mental Health Services Under the Short-Doyle Act › Article 4 - Formal Appeal Hearing › Section 1566 - Joinder of Successive Appeals

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If, at the time any appeal is filed, one or more prior appeals
					 by the same Local Mental Health Service involving the same or similar issues have
					 not been heard by a hearing officer, such prior appeals may be combined with the
					 last appeals filed and the hearing officer may issue a single decision.
If this procedure is undertaken, notice must first be given to
					 the other party or parties involved and agreement must be mutual and in
					 writing.
Note: Authority cited: Sections
						5400
						and
						5750,
						Welfare and Institutions Code. Reference: Sections
						5700.1
						and
						5712,
						Welfare and Institutions Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 9 - Audit Appeals of Community Mental Health Services Under the Short-Doyle Act › Article 4 - Formal Appeal Hearing › Section 1567 - Scheduling of Hearings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Hearings
				  shall be scheduled within thirty (30) calendar days from receipt of the appeal
				  request under section
				  1561 and shall be set for a reasonable
				  time thereafter, at such locations defined in section
				  1551.
(b) Written notice of the time and place of the
				  hearing on an appeal shall be mailed to each party by the hearing officer at least
				  fifteen (15) calendar days before the date of the hearing. The notice period may be
				  shortened with the consent of all parties.
Note: Authority cited: Sections
						5400
						and
						5750,
						Welfare and Institutions Code. Reference: Sections
						5700.1
						and
						5712,
						Welfare and Institutions Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 9 - Audit Appeals of Community Mental Health Services Under the Short-Doyle Act › Article 4 - Formal Appeal Hearing › Section 1568 - Witnesses and Subpoenas

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A party
				  shall arrange for his or her witnesses to be present at the hearing.
(b) A subpoena may be issued by a hearing officer
				  on his or her own motion.
(c) A subpoena
				  to compel the attendance of a witness may be issued by a hearing officer upon
				  written request made by a party and a showing of the need therefor.
(d) An application for a subpoena duces tecum
				  ordering a witness to produce books, papers, correspondence, memoranda, or other
				  records shall be made by affidavit to a hearing officer. The application should
				  contain:
(1) the name and address of the person or
				  entity upon whom the subpoena is to be served,
(2) a description of the documents, paper, books,
				  accounts, letters, photographs, objects, or other tangible things which are not
				  privileged and which should be produced,
(3) a showing of the materiality of these items to
				  the issue(s) involved in the proceedings, and
(4) a statement indicating that, to the best of
				  applicant's knowledge, the witness has such items in his or her possession or under
				  his or her control.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 9 - Audit Appeals of Community Mental Health Services Under the Short-Doyle Act › Article 4 - Formal Appeal Hearing › Section 1569 - Consolidation of Proceedings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any number of proceedings may be consolidated for hearing or
					 decision when the facts and circumstances are similar and no substantial right of
					 any party will be prejudiced.
Note: Authority cited: Sections
						5400
						and
						5750,
						Welfare and Institutions Code. Reference: Sections
						5700.1
						and
						5712,
						Welfare and Institutions Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 9 - Audit Appeals of Community Mental Health Services Under the Short-Doyle Act › Article 4 - Formal Appeal Hearing › Section 1570 - Severance of Issues

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The hearing officer may, upon the motion of any party, or upon
					 his or her own motion, proceed to the hearing of any issue or issues where it is
					 found that the decision of that issue or issues could abate further proceedings on
					 the appeal.
(a) An interlocutory decision
				  on that separately heard issue may be prepared by the hearing officer and adopted by
				  the Director as his or her final decision on the specified issue.
(b) The hearing on any remaining issues presented
				  by the Local Mental Health Service's appeal may be postponed until this
				  interlocutory decision has been issued.
Note: Authority cited: Sections
						5400
						and
						5750,
						Welfare and Institutions Code. Reference: Sections
						5700.1
						and
						5712,
						Welfare and Institutions Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 9 - Audit Appeals of Community Mental Health Services Under the Short-Doyle Act › Article 4 - Formal Appeal Hearing › Section 1571 - Preparation for Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A party appearing at a hearing before a hearing officer shall
					 have his or her evidence prepared and witnesses present and be ready to proceed. The
					 hearing officer, if he or she deems it necessary for a party's preparation or
					 hearing may, on reasonable notice, require either or both parties to submit a
					 written statement of their contentions and the reasons therefor. A copy of such
					 written statement shall be provided to all parties.
Note: Authority cited: Sections
						5400
						and
						5750,
						Welfare and Institutions Code. Reference: Sections
						5700.1
						and
						5712,
						Welfare and Institutions Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 9 - Audit Appeals of Community Mental Health Services Under the Short-Doyle Act › Article 4 - Formal Appeal Hearing › Section 1572 - Conduct of Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Testimony
				  shall be taken only by oath or affirmation and under penalty of perjury.
(b) Each party shall have the right to call and
				  examine parties and witnesses, to introduce exhibits, to question opposing witnesses
				  and parties on any matter relevant to the issue even though the matter was not
				  covered in the direct examination, to impeach any witness regardless of which party
				  first called that witness to testify, and to rebut evidence.
(c) Any relevant evidence shall be admitted if it
				  is the type of evidence on which responsible persons are accustomed to rely in the
				  conduct of serious affairs, regardless of the existence of any common law or
				  statutory rule which might make the admission of such evidence improper, over
				  objection, in civil or criminal actions.
(d) A hearing officer may order the taking of
				  interrogatories and depositions, and assess the expense to the requesting party when
				  the hearing officer deems it proper.
(e)
				  A hearing officer may question any party or witness and may admit any relevant and
				  material evidence.
(f) The hearing
				  officer shall control the taking of evidence in a manner best suited to ascertain
				  the facts and safeguard the rights of the parties. Prior to taking evidence, the
				  hearing officer shall explain the issues and the order in which evidence will be
				  received.
(g) A party has the burden of
				  proving whatever facts it must establish to sustain its position.
(h) The burden of producing evidence as to a
				  particular fact is on the party against whom a finding on that fact would be
				  required in the absence of further evidence.
Note: Authority cited: Sections
						5400
						and
						5750,
						Welfare and Institutions Code. Reference: Sections
						5700.1
						and
						5712,
						Welfare and Institutions Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 9 - Audit Appeals of Community Mental Health Services Under the Short-Doyle Act › Article 4 - Formal Appeal Hearing › Section 1573 - Official and Judicial Notice

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The hearing
				  officer shall take official notice of those matters which must be judicially noticed
				  by a court under section
				  451 of the
				  Evidence Code. The hearing officer may take official notice of those matters set
				  forth in section
				  452 of the
				  Evidence Code.
(b) Each party shall be
				  given reasonable opportunity to present information relevant to the propriety of
				  taking official notice, and the matters to be noticed.
Note: Authority cited: Sections
						5400
						and
						5750,
						Welfare and Institutions Code. Reference: Sections
						5700.1
						and
						5712,
						Welfare and Institutions Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 9 - Audit Appeals of Community Mental Health Services Under the Short-Doyle Act › Article 4 - Formal Appeal Hearing › Section 1574 - Department Records

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A hearing
				  officer may order the production or inspection of any records in the possession of
				  the Department when necessary to decide the issues in any proceeding before a
				  hearing officer or to assist a party in preparing for the proceedings.
(b) A request by a party for an order to produce
				  or inspect Department records shall be in writing and shall state clearly the
				  information desired, the records desired to be produced or inspected, and the
				  reason(s) therefor.
Note: Authority cited: Sections
						5400
						and
						5750,
						Welfare and Institutions Code. Reference: Sections
						5700.1
						and
						5712,
						Welfare and Institutions Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 9 - Audit Appeals of Community Mental Health Services Under the Short-Doyle Act › Article 4 - Formal Appeal Hearing › Section 1575 - Continuance of Hearings; Further Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A hearing officer may continue a hearing to another time or
					 place on his or her own motion or, upon a showing of good cause, at the request of
					 any party. Written notice of the time and place of the continued hearing, except as
					 provided in this section, shall be in accordance with requirements set forth in
					 other parts of this subchapter. When a continuance is ordered during a hearing, oral
					 notice of the time and place of the continued hearing may be given to each party
					 present at the hearing. Notice thereof shall be given in accordance with this
					 subchapter.
Note: Authority cited: Sections
						5400
						and
						5750,
						Welfare and Institutions Code. Reference: Sections
						5700.1
						and
						5712,
						Welfare and Institutions Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 9 - Audit Appeals of Community Mental Health Services Under the Short-Doyle Act › Article 4 - Formal Appeal Hearing › Section 1576 - Continuance for Additional Evidence

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If, after a hearing has begun, the hearing officer determines
					 that additional evidence is necessary to decide the case, the hearing officer
					 may:
(a) Continue the hearing to a later
				  date and order either party to produce additional evidence, or
(b) Close the hearing and hold the record open in
				  order to permit the introduction of additional documentary evidence. Any material
				  submitted after the close of the hearing shall be made available to both parties and
				  each party shall have the opportunity for rebuttal. The hearing officer may order a
				  further hearing if the nature of the additional evidence or the refutation thereof
				  makes a further hearing desirable.
Note: Authority cited: Sections
						5400
						and
						5750,
						Welfare and Institutions Code. Reference: Sections
						5700.1
						and
						5712,
						Welfare and Institutions Code.