BILL NUMBER: AB 1836	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 2, 2016
	AMENDED IN SENATE  JUNE 15, 2016
	AMENDED IN ASSEMBLY  MARCH 31, 2016

INTRODUCED BY   Assembly Member Maienschein
   (Coauthor: Assembly Member Cristina Garcia)
   (Coauthor: Senator Wieckowski)

                        FEBRUARY 9, 2016

   An act to add Section 5350.5 to the Welfare and Institutions Code,
relating to conservatorships.


	LEGISLATIVE COUNSEL'S DIGEST


   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 the
 evaluation   assessment  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 1.  Section 5350.5 is added to the Welfare and Institutions
Code, to read:
   5350.5.  (a) If a conservatorship has already been established
under the Probate Code, the court, in a proceeding under the Probate
Code, after an evidentiary hearing attended by the conservatee,
unless the conservatee waives presence, and the conservatee's
counsel, may refer the conservatee, in consultation with a licensed
physician or licensed psychologist satisfying the conditions of
subdivision (c) of Section 2032.020 of the Code of Civil Procedure
providing  evaluation   assessment  or
treatment to 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. If the conservatee cannot afford counsel, the
court shall appoint counsel for him or her pursuant to Section 1471
of the Probate Code.
   (b) The local mental health system or plan shall file a copy of
the  evaluation   assessment  with the
court that made the referral for  evaluation  
assessment  in a proceeding under the Probate Code.
  SEC. 2.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.