BILL ANALYSIS Ó AB 193 Page 1 ASSEMBLY THIRD READING AB 193 (Maienschein) As Amended May 28, 2015 Majority vote ------------------------------------------------------------------- |Committee |Votes |Ayes |Noes | | | | | | | | | | | |----------------+------+--------------------+----------------------| |Health |16-0 |Bonta, Maienschein, | | | | |Burke, Chávez, | | | | |Chiu, Gomez, | | | | |Lackey, Nazarian, | | | | |Patterson, | | | | |Ridley-Thomas, | | | | |Rodriguez, | | | | |Santiago, | | | | |Steinorth, | | | | |Thurmond, Waldron, | | | | |Wood | | | | | | | |----------------+------+--------------------+----------------------| |Judiciary |10-0 |Mark Stone, Wagner, | | | | |Alejo, Chau, Chiu, | | | | |Gallagher, Cristina | | | | |Garcia, Holden, | | | | |Maienschein, | | | | |O'Donnell | | | | | | | |----------------+------+--------------------+----------------------| AB 193 Page 2 |Appropriations |17-0 |Gomez, Bigelow, | | | | |Bonta, Calderon, | | | | |Chang, Daly, | | | | |Eggman, Gallagher, | | | | | | | | | | | | | | |Eduardo Garcia, | | | | |Gordon, Holden, | | | | |Jones, Quirk, | | | | |Rendon, Wagner, | | | | |Weber, Wood | | | | | | | | | | | | ------------------------------------------------------------------- SUMMARY: Permits a judge presiding over a probate conservatorship to recommend to the county investigating officer the establishment of a Lanterman-Petris-Short (LPS) conservatorship when there is evidence of grave disability as a result of a mental disorder or impairment by chronic alcoholism. Specifically, this bill: 1)Allows a Probate Court to recommend a conservatorship to the officer providing conservatorship investigation of the person's county of residence if the court, in a proceeding under the Probate Code, determines that a person for whom a conservatorship has been established under the Probate Code and may be gravely disabled as a result of a mental disorder or impairment by chronic alcoholism, to provide individualized treatment, supervision, and placement. 2)Requires, if the recommendation for conservatorship was made by the court, the existing probate conservator to disclose any records or information that may facilitate the investigation. FISCAL EFFECT: According to the Assembly Appropriations Committee: AB 193 Page 3 1)Potential state-reimbursable mandate costs, conservatively in the hundreds of thousands of dollars annually, as this bill is likely to compel a greater number of conservatorship investigations and reports. These costs are likely to be state-reimbursable. 2)In addition, counties could incur significant unknown costs associated with a larger number of conservatees, potentially resulting in cost shifting from one segment of local government to another. These costs are not state- reimbursable. COMMENTS: According to the author, probate courts today are hampered in their ability to ensure proper care and treatment of conservatees who suffer from a mental illness, and there currently are a significant number of people who are not getting the care and treatment they need. Under the LPS Act, the individuals authorized to initiate conservatorship proceedings do not include probate judges or family members. The author contends that some counties are becoming more and more reluctant to initiate necessary conservatorship proceedings. This becomes an even greater issue with gravely disabled homeless persons who have no additional help or anyone to be a proponent for their well-being. They are continually dependent on other services that have limited availability for their survival and are unable to receive the assistance they really need. The author contends that this creates a gap in treatment availability, making it harder for individuals who are not already hospitalized but whose problems stem from mental illness, alcoholism, or drug abuse, and thus cannot qualify for treatment under the Probate Code. By allowing probate judges to initiate LPS conservatorship proceedings, this bill is intended to remove obstacles to treatment for these individuals. AB 193 Page 4 1)LPS conservatorship process. The LPS Act creates a series of processes for the involuntary treatment of individuals who are unwilling or unable to accept necessary mental health treatment, generally conditional upon the person being gravely disabled or posing a danger to self or others. An LPS conservatorship, which lasts for a year before it must be reinitiated and reapproved, is typically sought after an individual has received 72-hour evaluation and treatment and 14-day intensive treatment and continues to be gravely disabled. The process begins when the professional staff of the psychiatric facility, after having evaluated and treated the individual, makes a recommendation of conservatorship to the county conservatorship investigator (typically designated as an office in the county, such as the Public Guardian's Office or the Office of the Public Conservator). The county conservatorship investigator is then required to conduct a comprehensive investigation and file a petition for conservatorship only if, after considering all available alternatives to conservatorship, there are no suitable alternatives available. 2)Probate conservatorships. Conservatorships governed by the Probate Code are the most common type of conservatorship. Probate conservatorships can be established for adults who are unable to provide properly for their personal needs for physical health, food, clothing, or shelter. These conservatees are often elderly people, but can also be seriously impaired younger people. A petition for probate conservatorship can be filed by a spouse, domestic partner, or family member of the proposed conservatee, any interested state or local agency, the conservatee himself or herself, or any other interested person or friend. Current law contains provisions related to conservatees who are unable to give informed consent for medical treatment and gives the conservator the exclusive authority to make health care decisions for the conservatee, including requiring the conservatee to receive health care, whether or not the conservatee objects. For conservatees with dementia, current law allows the conservator to place the conservatee in a locked nursing or residential care facility and authorize the administration of medications to treat dementia, provided that the court makes specified findings. However, current law does AB 193 Page 5 not contain provisions that allow a probate conservator to place a conservatee in a locked facility for any reason other than dementia. The sponsors of this bill, Conference of California Bar Associations, state that this bill would allow a judge presiding over a probate conservatorship to recommend to the county investigating officer that a LPS conservatorship be established when there is medical evidence that an individual is suffering from a grave disability as a result of a mental disorder or impairment by chronic alcoholism. This provision fills a gap in the law. The sponsor argues that currently, one of the few persons who can recommend to the conservatorship investigator that a LPS conservatorship be established are the professional from the agency or facility providing intensive treatment or evaluation services. If an individual is not receiving such intensive treatment or evaluation services, however, no such recommendation can be made, and no LPS conservatorship may be contemplated. At the same time, Probate Code Section 2356.5, governing traditional probate conservatorships, only allows for a conservatee to be treated in a secured facility or to be administered psychotropic medications when the conservatee has a diagnosis of dementia and not for any other mental health diagnosis or issue relating to alcohol abuse. The sponsor concludes this creates a "gap" in treatment availability for individuals who are not already hospitalized, and thus can't be recommended, but whose problems stem from mental illness, alcoholism or drug abuse, and thus cannot qualify for treatment under the Probate Code. The California Association of Counties, the County Behavioral Health Directors Association of California, and the Urban Counties Caucus state in opposition that counties are primarily concerned about the potential costs, workload levels, and overall erosion of county authority in conservatorship investigations associated with AB 193 Page 6 authorizing the Probate Court to recommend a LPS conservatorship to a county conservatorship officer and compel that officer to submit a report to the Probate Court within 30 days. The opposition notes that currently, only a county conservatorship officer or such designation official of the county can conduct LPS conservatorship investigations to determine whether a person meets the statutory definition of gravely disabled. The opposition states that in compelling the conservatorship officer to conduct an investigation and report back to the Probate Court their findings, this bill is contrary to current law, and will increase the number of LPS conservatorship referrals, thereby increasing county costs. The opposition argues that should the mandate in this bill become law, counties not only anticipate a significant increase in workload and county costs for conservatorship investigations, but will also face increased costs due to the arbitrary and unrealistic 30-day mandated timeline for the investigation and submission of a report to the court. Analysis Prepared by: Paula Villescaz / HEALTH / (916) 319-2097 FN: 0000849