AB 1836, as amended, Maienschein. Mental health: referral of conservatees.
Existing law provides a procedure for the appointment of a conservator for a person who is determined to be gravely disabled as a result of a mental disorder or an impairment by chronic alcoholism. Existing law authorizes certain persons to recommend conservatorship of an individual under his or her care to the officer providing conservatorship investigation in the county of the individual’s residence, as specified. Existing law also provides for the establishment of a conservatorship for a person who is unable to properly provide for his or her personal needs or is substantially unable to manage his or her finances.
This bill would authorize the court, if a conservatorship has already been established under the Probate Code, to refer the conservatee for an assessment by the local mental health system or plan to determine if the conservatee
has a treatable mental illness, including whether the conservatee is gravely disabled as a result of a mental disorder or impairment by chronic alcoholism, and is unwilling to accept, or is incapable of accepting, treatment voluntarily. The bill would also require the court to appoint counsel to a conservatee if he or she cannot afford counsel. The bill would require the local mental health system or plan to file a copy of thebegin delete evaluationend deletebegin insert assessmentend insert with the court that made the referral.
By increasing county duties, this bill would impose a state-mandated local program.
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 5350.5 is added to the Welfare and
2Institutions Code, to read:
(a) If a conservatorship has already been established
4under the Probate Code, the court, in a proceeding under the
5Probate Code, after an evidentiary hearing attended by the
6conservatee, unless the conservatee waives presence, and the
7conservatee’s counsel, may refer the conservatee, in consultation
8with a licensed physician or licensed psychologist satisfying the
9conditions of subdivision (c) of Section 2032.020 of the Code of
10Civil Procedure providingbegin delete evaluationend deletebegin insert assessmentend insert or treatment to
11the conservatee, for an assessment by the local mental health
12system or
plan to determine if the conservatee has a treatable
13mental illness, including whether the conservatee is gravely
14disabled as a result of a mental disorder or impairment by chronic
15alcoholism, and is unwilling to accept, or is incapable of accepting,
16treatment voluntarily. If the conservatee cannot afford counsel,
17the court shall appoint counsel for him or her pursuant to Section
181471 of the Probate Code.
P3 1(b) The local mental health system or plan shall file a copy of
2thebegin delete evaluationend deletebegin insert assessmentend insert with the court that made the referral for
3begin delete evaluationend deletebegin insert
assessmentend insert in a proceeding under the Probate Code.
If the Commission on State Mandates determines that
5this act contains costs mandated by the state, reimbursement to
6local agencies and school districts for those costs shall be made
7pursuant to Part 7 (commencing with Section 17500) of Division
84 of Title 2 of the Government Code.
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