Senate Bill No. 130

Introduced by Senator Roth

January 22, 2015

An act to amend Section 5600.3 of the Welfare and Institutions Code, relating to mental health.

LEGISLATIVE COUNSEL’S DIGEST

SB 130, as introduced, Roth. Mental Health.

Existing law requires every county to establish a community mental health service. Existing law requires cities and counties to use specified funds to establish and maintain a local health and welfare trust fund. To the extent resources are available, existing law directs that the primary goal of the use of the mental health account in that trust fund is to serve specified populations.

This bill would make technical, nonsubstantive changes to those provisions.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 5600.3 of the Welfare and Institutions
Code is amended to read:

5600.3.  

To the extent resources are available, the primary goal
of the use of funds deposited in the mental health account of the
local health and welfare trust fund should be to serve the target
populations identified in the following categories, which shall not
be construed as establishing an order of priority:

(a) (1) Seriously emotionally disturbed children or adolescents.

(2) For the purposes of this part, “seriously emotionally
disturbed children or adolescents” means minors under the age of
18 years who have a mental disorder as identified in the most recent
edition of the Diagnostic and Statistical Manual of Mental
Disorders, other than a primary substance use disorder or
developmental disorder, which results in behavior inappropriate
to the child’s age according to expected developmental norms.
begin delete Members end delete

begin insert (3) end insert begin insert   end insert begin insert Members end insert of this target population shall meet one or more
of the following criteria:

(A) As a result of the mental disorder, the child has substantial
impairment in at least two of the following areas: self-care, school
functioning, family relationships, or ability to function in the
community; and either of the following occur:

(i) The child is at risk of removal from home or has already
been removed from the home.

(ii) The mental disorder and impairments have been present for
more than six months or are likely to continue for more than one
year without treatment.

(B) The child displays one of the following: psychotic features,
risk of begin delete suicide end delete begin insert suicide, end insert or risk of violence due to a mental disorder.

(C) The child meets special education eligibility requirements
under Chapter 26.5 (commencing with Section 7570) of Division
7 of Title 1 of the Government Code.

(b) (1) Adults and older adults who have a serious mental
disorder.

(2) For the purposes of this part, “serious mental disorder”
means a mental disorder that is severe in degree and persistent in
duration, which may cause behavioral functioning which interferes
substantially with the primary activities of daily living, and which
may result in an inability to maintain stable adjustment and
independent functioning without treatment, support, and
rehabilitation for a long or indefinite period of time. Serious mental
disorders include, but are not limited to, schizophrenia, bipolar
disorder, post-traumatic stress disorder, as well as major affective
disorders or other severely disabling mental disorders. This section
shall not be construed to exclude persons with a serious mental
disorder and a diagnosis of substance abuse, developmental
disability, or other physical or mental disorder.

(3) Members of this target population shall meet all of the
following criteria:

(A) The person has a mental disorder as identified in the most
recent edition of the Diagnostic and Statistical Manual of Mental
Disorders, other than a substance use disorder or developmental
disorder or acquired traumatic brain injury pursuant to subdivision
(a) of Section 4354 unless that person also has a serious mental
disorder as defined in paragraph (2).

(B) (i) As a result of the mental disorder, the person has
substantial functional impairments or symptoms, or a psychiatric
history demonstrating that without treatment there is an imminent
risk of decompensation to having substantial impairments or
symptoms.

(ii) For the purposes of this part, “functional impairment” means
being substantially impaired as the result of a mental disorder in
independent living, social relationships, vocational skills, or
physical condition.

(C) As a result of a mental functional impairment and
circumstances, the person is likely to become so disabled as to
require public assistance, services, or entitlements.

(4) For the purpose of organizing outreach and treatment options,
to the extent resources are available, this target population includes,
but is not limited to, begin delete persons who are end delete any of the begin delete following: end delete
begin insert following persons: end insert

(A) Homeless persons who are mentally ill.

(B) Persons evaluated by appropriately licensed persons as
requiring care in acute treatment facilities including state hospitals,
acute inpatient facilities, institutes for mental disease, and crisis
residential programs.

(C) Persons arrested or convicted of crimes.

(D) Persons who require acute treatment as a result of a first
episode of mental illness with psychotic features.

(5) California veterans in need of mental health services and
who meet the existing eligibility requirements of this section, shall
be provided services to the extent services are available to other
adults pursuant to this section. Veterans who may be eligible for
mental health services through the United States Department of
Veterans Affairs should be advised of these services by the county
and assisted in linking to those services.

(A) No eligible veteran shall be denied county mental health
services based solely on his or her status as a veteran.

(B) Counties shall refer a veteran to the county veterans service
officer, if any, to determine the veteran’s eligibility for, and the
availability of, mental health services provided by the United States
Department of Veterans Affairs or other federal health care
provider.

(C) Counties should consider contracting with community-based
veterans’ services agencies, where possible, to provide high-quality,
veteran specific mental health services.

(c) Adults or older adults who require or are at risk of requiring
acute psychiatric inpatient care, residential treatment, or outpatient
crisis intervention because of a mental disorder with symptoms of
psychosis, suicidality, or violence.

(d) Persons who need brief treatment as a result of a natural
disaster or severe local emergency.