AB 59, as introduced, Waldron. Mental health services: assisted outpatient treatment.
Existing law, the Assisted Outpatient Treatment Demonstration Project Act of 2002, known as Laura’s Law, until January 1, 2017, grants each county the authority to offer certain assisted outpatient treatment services for their residents. In counties in which these assisted outpatient treatment services are available, a court may order a person to receive assisted outpatient treatment for an initial treatment period not to exceed 6 months pursuant to an order if requisite criteria are met. Under that law, participating counties are required to provide prescribed assisted outpatient services, including a service planning and delivery process, that are client-directed and employ psychosocial rehabilitation and recovery principles. Existing law authorizes participating counties to pay for the services provided from moneys distributed to the counties from various continuously appropriated funds, including the Mental Health Services Fund when included in a county plan, as specified.
This bill would delete the provisions that authorize a county to participate in the program, and instead require each county to implement the provisions of Laura’s Law. The bill would delete the January 1, 2017, repeal date of those provisions, thereby extending the program indefinitely. By imposing additional duties upon the counties to implement these provisions, the bill would impose a state-mandated local program. The bill would also authorize the court to order a person to obtain assisted outpatient treatment for an initial period not to exceed 12 months if requisite criteria are met.
Existing law, the Lanterman-Petris-Short Act, authorizes the involuntary detention for a period of 72 hours for evaluation of persons who are dangerous to self or others, or gravely disabled, as defined. Existing law provides that if a person is detained for 72 hours or is under court order for evaluation and has received an evaluation, he or she may be certified for not more than 14 days of intensive treatment related to the mental disorder or impairment by chronic alcoholism if certain conditions are met, as specified. Under existing law, a person may be certified for intensive treatment for an additional period of time if he or she remains gravely disabled or unwilling or unable to accept voluntary treatment or if he or she is suicidal, as specified, or may be confined for postcertification treatment for up to 180 days if he or she has, among other things, attempted or inflicted physical harm upon another person, as specified.
This bill would, upon the release of a person from intensive treatment or postcertification treatment described above, authorize the professional staff of the agency or facility that provided the treatment to evaluate whether the person meets the criteria for assisted outpatient treatment. The bill would authorize the professional staff to request the county mental health director to file a petition in the superior court for assisted outpatient treatment if that person meets that criteria.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 5346 of the Welfare and Institutions Code
2 is amended to read:
begin deleteIn any county in which services are available as court may order a person who is the
2provided in Section 5348, a end delete
3subject of a petition filed pursuant to this section to obtain assisted
4outpatient treatment if the court finds, by clear and convincing
5evidence, that the facts stated in the verified petition filed in
6accordance with this section are true and establish that all of the
7requisite criteria set forth in this section are met, including, but
8not limited to, each of the following:
9(1) The person is 18 years of age or older.
10(2) The person is suffering from a mental illness as defined in
11paragraphs (2) and (3) of subdivision (b) of Section 5600.3.
12(3) There has been a clinical determination that the person is
13unlikely to survive safely in the community without supervision.
14(4) The person has a history of lack of compliance with
15treatment for his or her mental illness, in that at least one of the
16following is true:
17(A) The person’s mental illness has, at least twice within the
18last 36 months, been a substantial factor in necessitating
19hospitalization, or receipt of services in a forensic or other mental
20health unit of a state correctional facility or local correctional
21facility, not including any period during which the person was
22hospitalized or incarcerated immediately preceding the filing of
24(B) The person’s mental illness has resulted in one or more acts
25of serious and violent behavior toward himself or herself or
26another, or threats, or attempts to cause serious physical harm to
27himself or herself or another within the last 48 months, not
28including any period in which the person was hospitalized or
29incarcerated immediately preceding the filing of the petition.
30(5) The person has been offered an opportunity to participate
31in a treatment plan by the director of the local mental health
32department, or his or her designee, provided the treatment plan
33includes all of the services described in Section 5348, and the
34person continues to fail to engage in treatment.
35(6) The person’s condition is substantially deteriorating.
36(7) Participation in the assisted outpatient treatment program
37would be the least restrictive placement necessary to ensure the
38person’s recovery and stability.
39(8) In view of the person’s treatment history and current
40behavior, the person is in need of assisted outpatient treatment in
P4 1order to prevent a relapse or deterioration that would be likely to
2result in grave disability or serious harm to himself or herself, or
3to others, as defined in Section 5150.
4(9) It is likely that the person will benefit from assisted
6(b) (1) A petition for an order authorizing assisted outpatient
7treatment may be filed by the county mental health director, or his
8or her designee, in the superior court in the county
begin delete in whichend delete
9 the person who is the subject of the petition is present or reasonably
10believed to be present.
11(2) A request may be made only by any of the following persons
12to the county mental health department for the filing of a petition
13to obtain an order authorizing assisted outpatient treatment:
14(A) Any person 18 years of age or older with whom the person
15who is the subject of the petition resides.
16(B) Any person who is the parent, spouse, or sibling or child
1718 years of age or older of the person who is the subject of the
19(C) The director of any public or private agency, treatment
20facility, charitable organization, or licensed residential care facility
21providing mental health services to the person who is the subject
22of the petition in whose institution the subject of the petition
24(D) The director of a hospital in which the person who is the
25subject of the petition is hospitalized.
26(E) A licensed mental health treatment provider who is either
27supervising the treatment of, or treating for a mental illness, the
28person who is the subject of the petition.
29(F) A peace officer, parole officer, or probation officer assigned
30to supervise the person who is the subject of the petition.
receiving a request pursuant to paragraph (2), the
34county mental health director shall conduct an investigation into
35the appropriateness of
begin delete theend delete filing begin delete ofend delete the petition. The director shall
36file the petition only if he or she determines that there is a
37reasonable likelihood that all the necessary elements to sustain the
38petition can be proven in a court of law by clear and convincing
40(4) The petition shall state all of the following:
P5 1(A) Each of the criteria for assisted outpatient treatment as set
2forth in subdivision (a).
3(B) Facts that support the petitioner’s belief that the person who
4is the subject of the petition meets each criterion, provided that
5the hearing on the petition shall be limited to the stated facts in
6the verified petition, and the petition contains all the grounds on
7which the petition is based, in order to ensure adequate notice to
8the person who is the subject of the petition and his or her counsel.
9(C) That the person who is the subject of the petition is present,
10or is reasonably believed to be present, within the county where
11the petition is filed.
12(D) That the person who is the subject of the petition has the
13right to be represented by counsel in all stages of the proceeding
14under the petition, in accordance with subdivision (c).
15(5) The petition shall be accompanied by an affidavit of a
16licensed mental health treatment provider designated by the local
17mental health director who shall state, if applicable, either of the
19(A) That the licensed mental health treatment provider has
20personally examined the person who is the subject of the petition
21no more than 10 days prior to the submission of the petition, the
22facts and reasons why the person who is the subject of the petition
23meets the criteria in subdivision (a), that the licensed mental health
24treatment provider recommends assisted outpatient treatment for
25the person who is the subject of the petition, and that the licensed
26mental health treatment provider is willing and able to testify at
27the hearing on the petition.
28(B) That no more than 10 days prior to the filing of the petition,
29the licensed mental health treatment provider, or his or her
30designee, has made appropriate attempts to elicit the cooperation
31of the person who is the subject of the petition, but has not been
32successful in persuading that person to submit to an examination,
33that the licensed mental health treatment provider has reason to
34believe that the person who is the subject of the petition meets the
35criteria for assisted outpatient treatment, and that the licensed
36mental health treatment provider is willing and able to examine
37the person who is the subject of the petition and testify at the
38hearing on the petition.
39(c) The person who is the subject of the petition shall have the
40right to be represented by counsel at all stages of a proceeding
P6 1commenced under this section. If the person so elects, the court
2shall immediately appoint the public defender or other attorney to
3assist the person in all stages of the proceedings. The person shall
4pay the cost of the legal services if he or she is able.
5(d) (1) Upon receipt by the court of a petition submitted
6pursuant to subdivision (b), the court shall fix the date for a hearing
7at a time not later than five days from the date the petition
8is received by the
begin delete court, excluding Saturdays, Sundays, and The petitioner shall promptly cause service of a
10copy of the petition, together with written notice of the hearing
11date, to be made personally on the person who is the subject of the
12petition, and shall send a copy of the petition and notice to the
13county office of patient rights, and to the current health care
14provider appointed for the person who is the subject of the petition,
begin delete any suchend delete
provider is known to the petitioner. Continuances
16shall be permitted only for good cause shown. In granting
17continuances, the court shall consider the need for further
18examination by a physician or the potential need to provide
19expeditiously assisted outpatient treatment. Upon the hearing date,
20or upon any other date or dates to which the proceeding may be
21continued, the court shall hear testimony. If it is deemed advisable
22by the court, and if the person who is the subject of the petition is
23available and has received notice pursuant to this section, the court
24may examine in or out of court the person who is the subject of
25the petition who is alleged to be in need of assisted outpatient
26treatment. If the person who is the subject of the petition does not
27appear at the hearing, and appropriate attempts to elicit the
28attendance of the person have failed, the court may conduct the
29hearing in the person’s absence. If the hearing is conducted without
30the person present, the court shall set forth the factual basis for
31conducting the hearing without the person’s presence.
32(2) The court shall not order assisted outpatient treatment unless
33an examining licensed mental health treatment provider, who has
34personally examined, and has reviewed the available treatment
35history of, the person who is the subject of the petition within the
36time period commencing 10 days before the filing of the petition,
37testifies in person at the hearing.
38(3) If the person who is the subject of the petition has refused
39to be examined by a licensed mental health treatment provider,
40the court may request that the person consent to an examination
P7 1by a licensed mental health treatment provider appointed by the
2court. If the person who is the subject of the petition does not
3consent and the court finds reasonable cause to believe that the
4allegations in the petition are true, the court may order
begin delete anyend delete person
5designated under Section 5150 to take into custody the person who
6is the subject of the petition and transport him or her, or cause him
7or her to be transported, to a hospital for examination by a licensed
8mental health treatment provider as soon as is practicable.
9Detention of the person who is the subject of the petition under
10the order may not exceed 72 hours. If the examination is performed
11by another licensed mental health treatment provider, the
12examining licensed mental health treatment provider may consult
13with the licensed mental health treatment provider whose
14affirmation or affidavit accompanied the petition regarding the
15issues of whether the allegations in the petition are true and whether
16the person meets the criteria for assisted outpatient treatment.
17(4) The person who is the subject of the petition shall have all
18of the following rights:
19(A) To adequate notice of the hearings to the person who is the
20subject of the petition, as well as to parties designated by the person
21who is the subject of the petition.
22(B) To receive a copy of the court-ordered evaluation.
23(C) To counsel. If the person has not retained counsel, the court
24shall appoint a public defender.
25(D) To be informed of his or her right to judicial review by
27(E) To be present at the hearing unless he or she waives the
28right to be present.
29(F) To present evidence.
30(G) To call witnesses on his or her behalf.
31(H) To cross-examine witnesses.
32(I) To appeal decisions, and to be informed of his or her right
34(5) (A) If after hearing all relevant evidence, the court finds
35that the person who is the subject of the petition does not meet the
36criteria for assisted outpatient treatment, the court shall dismiss
38(B) If after hearing all relevant evidence, the court finds that
39the person who is the subject of the petition meets the criteria for
40assisted outpatient treatment, and there is no appropriate and
P8 1feasible less restrictive alternative, the court may order the person
2who is the subject of the petition to receive assisted outpatient
3treatment for an initial period not to exceed
begin delete sixend delete months. In
4fashioning the order, the court shall specify that the proposed
5treatment is the least restrictive treatment appropriate and feasible
6for the person who is the subject of the petition. The order shall
7state the categories of assisted outpatient treatment, as set forth in
8Section 5348, that the person who is the subject of the petition is
9to receive, and the court may not order treatment that has not been
10recommended by the examining licensed mental health treatment
11provider and included in the written treatment plan for assisted
12outpatient treatment as required by subdivision (e). If the person
13has executed an advance health care directive pursuant to Chapter
142 (commencing with Section 4650) of Part 1 of Division 4.7 of
15the Probate Code, any directions included in the advance health
16care directive shall be considered in formulating the written
18(6) If the person who is the
subject of a petition for an order for
19assisted outpatient treatment pursuant to subparagraph (B) of
begin delete of subdivision (d)end delete
refuses to participate in the assisted
21outpatient treatment program, the court may order the person to
22meet with the assisted outpatient treatment team designated by the
23director of the assisted outpatient treatment program. The treatment
24team shall attempt to gain the person’s cooperation with treatment
25ordered by the court. The person may be subject to a 72-hour hold
26pursuant to subdivision (f) only after the treatment team has
27attempted to gain the person’s cooperation with treatment ordered
28by the court, and has been unable to do so.
29(e) Assisted outpatient treatment shall not be ordered unless the
30licensed mental health treatment provider recommending assisted
31outpatient treatment to the court has submitted to the court a written
32treatment plan that includes services as set forth in Section 5348,
33and the court finds, in consultation with the county mental health
34director, or his or her designee, all of the following:
35(1) That the services are available from the county, or a provider
36approved by the county, for the duration of the court order.
37(2) That the services have been offered to the person by the
38local director of mental health, or his or her designee, and the
39person has been given an opportunity to participate on a voluntary
P9 1basis, and the person has failed to engage in, or has refused,
3(3) That all of the elements of the petition required by this article
4have been met.
5(4) That the treatment plan will be delivered to the county
6director of mental health, or to his or her appropriate designee.
7(f) If, in the clinical judgment of a licensed mental health
8treatment provider, the person who is the subject of the petition
9has failed or has refused to comply with the treatment ordered by
10the court, and, in the clinical judgment of the licensed mental health
11treatment provider, efforts were made to solicit compliance, and,
12in the clinical judgment of the licensed mental health treatment
13provider, the person may be in need of involuntary admission to
14a hospital for evaluation, the provider may request that persons
15designated under Section 5150 take into custody the person who
16is the subject of the petition and transport him or her, or cause him
17or her to be transported, to a hospital, to be held up to 72 hours for
18examination by a licensed mental health treatment provider to
19determine if the person is in need of treatment pursuant to Section
begin delete Any continuedend delete involuntary retention in a hospital
21 beyond the initial 72-hour period shall be pursuant to Section
begin delete 5150.end delete
22 If at any time during the 72-hour period the person is
23determined not to meet the criteria of Section 5150, and does not
24agree to stay in the hospital as a voluntary patient, he or she shall
25be released and any subsequent involuntary detention in a hospital
26shall be pursuant to Section 5150. Failure to comply with an order
27of assisted outpatient treatment alone may not be grounds for
28involuntary civil commitment or a finding that the person who is
29the subject of the petition is in contempt of court.
30(g) If the director of the assisted outpatient treatment program
31determines that the condition of the patient requires further assisted
32outpatient treatment, the director shall apply to the court, prior to
33the expiration of the period of the initial assisted outpatient
34treatment order, for an order authorizing continued assisted
35outpatient treatment for a period not to exceed 180 days from the
36date of the order. The procedures for obtaining
begin delete anyend delete order
37pursuant to this subdivision shall be in accordance with
38subdivisions (a) to (f), inclusive. The period for further involuntary
39outpatient treatment authorized by
begin delete anyend delete subsequent order under
P10 1this subdivision may not exceed 180 days from the date of the
3(h) At intervals of not less than 60 days
during an assisted
4outpatient treatment order, the director of the outpatient treatment
5program shall file an affidavit with the court that ordered the
6outpatient treatment affirming that the person who is the subject
7of the order continues to meet the criteria for assisted outpatient
8treatment. At these times, the person who is the subject of the order
9shall have the right to a hearing on whether or not he or she still
10meets the criteria for assisted outpatient treatment if he or she
11disagrees with the director’s affidavit. The burden of proof shall
12be on the director.
13(i) During each 60-day period specified in subdivision (h), if
14the person who is the subject of the order believes that he or she
15is being wrongfully retained in the assisted outpatient treatment
16program against his or her wishes, he or she may file a petition for
17a writ of habeas corpus, thus requiring the director of the assisted
18outpatient treatment program to prove that the person who is the
19subject of the order continues to meet the criteria for assisted
21(j) Any person ordered to undergo assisted outpatient treatment
22pursuant to this article, who was not present at the hearing at which
23the order was issued, may immediately petition the court for a writ
24of habeas corpus. Treatment under the order for assisted outpatient
25treatment may not commence until the resolution of that petition.
Section 5347 of the Welfare and Institutions Code is
27amended to read:
begin deleteIn any county in which services are available person who is determined by the
29pursuant to Section 5348, any end delete
30court to be subject to subdivision (a) of Section 5346 may
31voluntarily enter into an agreement for services under this section.
32(b) (1) After a petition for an order for assisted outpatient
33treatment is filed, but before the conclusion of the hearing on the
34petition, the person who is the subject of the petition, or the
35person’s legal counsel with the person’s consent, may waive the
36right to an assisted outpatient treatment hearing for the purpose of
37obtaining treatment under a settlement agreement,
begin delete provided thatend delete
38 an examining licensed mental health treatment provider states
39that the person can survive safely in the community. The settlement
P11 1agreement may not exceed 180 days in duration and shall be agreed
2to by all parties.
3(2) The settlement agreement shall be in writing, shall be
4approved by the court, and shall include a treatment plan developed
5by the community-based program that will provide services that
6provide treatment in the least restrictive manner consistent with
7the needs of the person who is the subject of the petition.
8(3) Either party may request that the court modify the
9plan at any time during the 180-day period.
10(4) The court shall designate the appropriate county department
11to monitor the person’s treatment under, and compliance with, the
12settlement agreement. If the person fails to comply with the
13treatment according to the agreement, the designated county
14department shall notify the counsel designated by the county and
15the person’s counsel of the person’s noncompliance.
16(5) A settlement agreement approved by the court pursuant to
17this section shall have the same force and effect as an order for
18assisted outpatient treatment pursuant to Section 5346.
19(6) At a hearing on the issue of noncompliance with the
20agreement, the written statement of noncompliance submitted shall
21be prima facie evidence that a violation of the conditions of the
22agreement has occurred. If the person who is the subject of the
23petition denies any of the facts as stated in the statement, he or she
24has the burden of proving by a preponderance of the evidence that
25the alleged facts are false.
Section 5348 of the Welfare and Institutions Code is
27amended to read:
begin deleteFor purposes of subdivision (e) of Section 5346, a end delete
begin delete that chooses to provide assisted outpatient treatment shall offer assisted outpatient
30services pursuant to this articleend delete
31treatment services including, but not limited to, all of the following:
32(1) Community-based, mobile, multidisciplinary, highly trained
33mental health teams that use high staff-to-client ratios of no more
34than 10 clients per team member for those subject to court-ordered
35services pursuant to Section 5346.
36(2) A service planning and delivery process that includes the
38(A) Determination of the numbers of persons to be served and
39the programs and services that will be provided to meet their needs.
40The local director of mental health shall consult with the sheriff,
P12 1the police chief, the probation officer, the mental health board,
2contract agencies, and family, client, ethnic, and citizen
3constituency groups as determined by the director.
4(B) Plans for services, including outreach to families whose
5severely mentally ill adult is living with them, design of mental
6health services, coordination and access to medications, psychiatric
7and psychological services, substance abuse services, supportive
8housing or other housing assistance, vocational rehabilitation, and
9veterans’ services. Plans shall also contain evaluation strategies,
10which shall consider cultural, linguistic, gender, age, and special
11needs of minorities and those based on any characteristic listed or
12defined in Section 11135 of the Government Code in the target
13populations. Provision shall be made for staff with the cultural
14background and linguistic skills necessary to remove barriers to
15mental health services as a result of having
16limited-English-speaking ability and cultural differences.
17Recipients of outreach services may include families, the public,
18primary care physicians, and others who are likely to come into
19contact with individuals who may be suffering from an untreated
20severe mental illness who would be likely to become homeless if
21the illness continued to be untreated for a substantial period of
22time. Outreach to adults may include adults voluntarily or
23involuntarily hospitalized as a result of a severe mental illness.
24(C) Provision for services to meet the needs of persons who are
25 physically disabled.
26(D) Provision for services to meet the special needs of older
28(E) Provision for family support and consultation services,
29parenting support and consultation services, and peer support or
30self-help group support,
begin delete whereend delete appropriate.
31(F) Provision for services to be client-directed and that employ
32psychosocial rehabilitation and recovery principles.
33(G) Provision for psychiatric and psychological services that
34are integrated with other services and for psychiatric and
35psychological collaboration in overall service planning.
36(H) Provision for services specifically directed to seriously
37mentally ill young adults 25 years of age or younger who are
38homeless or at significant risk of becoming homeless. These
39provisions may include continuation of services that still would
P13 1be received through other funds had eligibility not been terminated
2as a result of age.
3(I) Services reflecting special needs of women from diverse
4cultural backgrounds, including supportive housing that accepts
5children, personal services coordinator therapeutic treatment, and
6substance treatment programs that address gender-specific trauma
7and abuse in the lives of persons with mental illness, and vocational
8rehabilitation programs that offer job training programs free of
9gender bias and sensitive to the needs of women.
10(J) Provision for housing for clients that is
11transitional, permanent, or all of these.
12(K) Provision for clients who have been suffering from an
13untreated severe mental illness for less than one year, and who do
14not require the full range of services, but are at risk of becoming
15homeless unless a comprehensive individual and family support
16services plan is implemented. These clients shall be served in a
17manner that is designed to meet their needs.
18(3) Each client shall have a clearly designated mental health
19personal services coordinator who may be part of a
20multidisciplinary treatment team who is responsible for providing
21or assuring needed services. Responsibilities include complete
22assessment of the client’s needs, development of the client’s
23personal services plan, linkage with all appropriate community
24services, monitoring of the quality and followthrough of services,
25and necessary advocacy to ensure each client receives those
26services that are agreed to in the personal services plan. Each client
27shall participate in the development of his or her personal services
28plan, and responsible staff shall consult with the designated
29conservator, if one has been appointed, and, with the consent of
30the client, shall consult with the family and other significant
31persons as appropriate.
32(4) The individual personal services plan shall ensure that
33persons subject to assisted outpatient treatment programs receive
34age-appropriate, gender-appropriate, and culturally appropriate
35services, to the extent feasible, that are designed to enable
37(A) Live in the most independent, least restrictive housing
38feasible in the local community, and, for clients with children, to
39live in a supportive housing environment that strives for
P14 1reunification with their children or assists clients in maintaining
2custody of their children as is appropriate.
3(B) Engage in the highest level of work or productive activity
4appropriate to their abilities and experience.
5(C) Create and maintain a support system consisting of friends,
6family, and participation in community activities.
7(D) Access an appropriate level of academic education or
9(E) Obtain an adequate income.
10(F) Self-manage their illnesses and exert as much control as
11possible over both the day-to-day and long-term decisions that
12affect their lives.
13(G) Access necessary physical health care and maintain the best
14possible physical health.
15(H) Reduce or eliminate serious antisocial or criminal behavior,
16and thereby reduce or eliminate their contact with the criminal
18(I) Reduce or eliminate the distress caused by the symptoms of
20(J) Have freedom from dangerous addictive substances.
21(5) The individual personal services plan shall describe the
22service array that meets the requirements of paragraph (4), and to
23the extent applicable to the individual, the requirements of
25(b) A county that provides assisted outpatient treatment services
26pursuant to this article also shall offer the same services on a
28(c) Involuntary medication shall not be allowed absent a separate
29order by the court pursuant to Sections 5332 to 5336, inclusive.
30(d) A county
begin delete that operates an assisted outpatient treatment
shall provide data to the State
31program pursuant to this articleend delete
32Department of Health Care Services and, based on the data, the
33department shall report to the Legislature on or before May 1 of
begin delete in which the county providesend delete services pursuant to this article. The report shall include,
36at a minimum, an evaluation of the effectiveness of the strategies
37employed by each program operated pursuant to this article in
38reducing homelessness and hospitalization of persons in the
39program and in reducing involvement with local law enforcement
40by persons in the program. The evaluation and report shall also
P15 1include any other measures identified by the department regarding
2persons in the program and all of the following, based on
3information that is available:
4(1) The number of persons served by the program and, of those,
5the number who are able to maintain housing and the number who
6maintain contact with the treatment system.
7(2) The number of persons in the program with contacts with
8local law enforcement, and the extent to which local and state
9incarceration of persons in the program has been reduced or
11(3) The number of persons in the program participating in
12employment services programs, including competitive employment.
13(4) The days of hospitalization of persons in the program that
14have been reduced or avoided.
15(5) Adherence to prescribed treatment by persons in the program.
16(6) Other indicators of successful engagement, if any, by persons
17in the program.
18(7) Victimization of persons in the program.
19(8) Violent behavior of persons in the program.
20(9) Substance abuse by persons in the program.
21(10) Type, intensity, and frequency of treatment of persons in
23(11) Extent to which enforcement mechanisms are used by the
24program, when applicable.
25(12) Social functioning of persons in the program.
26(13) Skills in independent living of persons in the program.
27(14) Satisfaction with program services both by those receiving
28them and by their families, when relevant.
Section 5349 of the Welfare and Institutions Code is
30amended to read:
begin deleteThis article shall be operative in those counties in which To the extent otherwise permitted
32the county board of supervisors, by resolution or through the county
33budget process, authorizes its application and makes a finding that
34no voluntary mental health program serving adults, and no
35children’s mental health program, may be reduced as a result of
36the implementation of this article. end delete
37under state and federal law, counties
begin delete that elect to implement this may pay for the provision of services under Sections 5347
39and 5348 using funds distributed to the counties from the Mental
40Health Subaccount, the Mental Health Equity Subaccount, and the
P16 1Vehicle License Collection Account of the Local Revenue Fund,
2funds from the Mental Health Account and the Behavioral Health
3Subaccount within the Support Services Account of the Local
4Revenue Fund 2011, funds from the Mental Health Services Fund
5when included in county plans pursuant to Section 5847, and any
6other funds from which the Controller makes distributions to the
7counties for those purposes. Compliance with this section shall be
8monitored by the State Department of Health Care Services as part
9of its review and approval of county performance contracts.
Section 5349.1 of the Welfare and Institutions Code
11 is amended to read:
begin delete that elect to implement this article,end delete shall,
13in consultation with the State Department of Health Care Services,
14client and family advocacy organizations, and other stakeholders,
15develop a training and education program for purposes of
16improving the delivery of services to mentally ill individuals who
17are, or who are at risk of being, involuntarily committed under this
18part. This training shall be provided to mental health treatment
19providers contracting with participating counties and to other
20individuals, including, but not limited to, mental health
21professionals, law enforcement officials, and certification hearing
22officers involved in making treatment and involuntary commitment
24(b) The training shall include both of the following:
25(1) Information relative to legal requirements for detaining a
26person for involuntary inpatient and outpatient treatment, including
27criteria to be considered with respect to determining if a person is
28considered to be gravely disabled.
29(2) Methods for ensuring that decisions regarding involuntary
30treatment as provided for in this part direct patients toward the
31most effective treatment. Training shall include an emphasis on
32each patient’s right to provide informed consent to assistance.
Section 5349.3 is added to the Welfare and Institutions
34Code, to read:
(a) Upon the release of a person from involuntary
36treatment pursuant to Section 5257, 5264, 5270.35, or 5304, the
37professional staff of the agency or facility that provided that
38treatment may evaluate whether that person meets the criteria
39established in subdivision (a) of Section 5346 for assisted
P17 1(b) If that person meets the criteria in subdivision (a) of Section
25346, the professional staff of the agency or facility may request
3the county mental health director, or his or her designee, to file a
4petition in the superior court pursuant to subdivision (b) of Section
55346 for assisted outpatient treatment.
Section 5349.5 of the Welfare and Institutions Code
7 is amended to read:
(a) This article shall remain in effect only until January
91, 2017, and as of that date is repealed, unless a later enacted statute
10that is enacted on or before January 1, 2017, deletes or extends
The State Department of Health Care Services shall
14submit a report and evaluation of all counties
begin delete implementing any to the Governor and to the Legislature
15component of this articleend delete
16by July 1, 2015. The evaluation shall include data described in
17subdivision (d) of Section 5348.
If the Commission on State Mandates determines that
19this act contains costs mandated by the state, reimbursement to
20local agencies and school districts for those costs shall be made
21pursuant to Part 7 (commencing with Section 17500) of Division
224 of Title 2 of the Government Code.