AB 987,
as amended, Maienschein. begin deletePersonal and Home Care Aide training program. end deletebegin insertMental health: conservatorship hearings for the gravely disabled.end insert
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 and requires an officer, including a county public guardian or a county mental health program, to conduct a conservatorship investigation. Under existing law, a professional person in charge of an agency providing comprehensive evaluation or a facility providing intensive treatment for a gravely disabled person may recommend a conservatorship for that person. Existing law requires the officer providing conservatorship investigation, when he or she concurs with the recommendation, to petition the superior court in the patient’s county of residence for a conservatorship.
end insertbegin insertThis bill would instead require the officer providing conservatorship investigation to petition the superior court for a conservatorship for a gravely disabled person whenever the professional person in charge of an agency providing comprehensive evaluation or a facility providing intensive treatment recommends conservatorship for a gravely disabled person. By expanding the duties of the county officer providing conservatorship investigation, this bill would impose a state-mandated local program.
end insertbegin insertThe 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.
end insertbegin insertThis 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.
end insertExisting law requires the Office of Statewide Health Planning and Development to prepare a Health Manpower Plan for California. Existing law also provides various programs to develop the health care workforce.
end deleteThis bill would require the Secretary of State and Consumer Services to submit an application on behalf of the state to the federal Department of Health and Human Services to receive a 3-year grant to establish a Personal and Home Care Aide training program, as specified, that would include opportunities for honorably discharged veterans in California.
end deleteVote: majority.
Appropriation: no.
Fiscal committee: yes.
State-mandated local program: begin deleteno end deletebegin insertyesend insert.
The people of the State of California do enact as follows:
begin insertSection 5352 of the end insertbegin insertWelfare and Institutions Codeend insert
2begin insert is amended to read:end insert
begin insert(a)end insertbegin insert end insert When the professional person in charge of an agency
4providing comprehensive evaluation or a facility providing
5intensive treatment determines that a person in hisbegin insert or herend insert care is
6gravely disabled as a result of mental disorder or impairment by
7chronic alcoholism and is unwilling to accept, or incapable of
8accepting, treatment voluntarily, hebegin insert or sheend insert may
recommend
9conservatorship to the officer providing conservatorship
10investigation of thebegin insert person’send insert county of residencebegin delete of the personend delete
P3 1 prior tobegin delete his admissionend deletebegin insert admitting him or herend insert as a patient inbegin delete suchend deletebegin insert theend insert
2 facility.
3 The
end delete
4begin insert(b)end insertbegin insert end insertbegin insertTheend insert professional person in charge of an agency providing
5comprehensive evaluation or a facility providing intensive
6treatment may recommend conservatorship for a person without
7the person being an inpatient inbegin delete suchend deletebegin insert thatend insert facility, if both of the
8following conditions are met:begin delete (a) theend delete
9begin insert(1)end insertbegin insert end insertbegin insertTheend insert professional person or another professional person
10designated by himbegin insert
or herend insert has examined and evaluated the person
11and determined that hebegin insert or sheend insert is gravelybegin delete disabled; (b) theend deletebegin insert disabled.end insert
12begin insert(2)end insertbegin insert end insertbegin insertTheend insert professional person or another professional person
13designated by himbegin insert or herend insert has determined
that future examination
14on an inpatient basis is not necessary for a determination that the
15person is gravely disabled.
16 If
end delete
17begin insert(c)end insertbegin insert end insertbegin insertIf the professional person in charge of an agency providing
18comprehensive evaluation of a facility providing intensive
19treatment recommends conservatorship,end insert the officer providing
20conservatorship investigationbegin delete concurs with the recommendation, shall petition the superior court in thebegin insert patient’send insert
county of
21heend delete
22residencebegin delete of the patientend delete
to establish conservatorship.
23 Where
end delete
24begin insert(d)end insertbegin insert end insertbegin insertWhereend insert temporary conservatorship is indicated, the fact shall
25be alternatively pleaded in the petition. The officer providing
26conservatorship investigation or other county officer or employee
27designated by the county shall act as the temporary conservator.
If the Commission on State Mandates determines that
29this act contains costs mandated by the state, reimbursement to
30local agencies and school districts for those costs shall be made
31pursuant to Part 7 (commencing with Section 17500) of Division
324 of Title 2 of the Government Code.
Article 2.5 (commencing with Section 128300)
34is added to Chapter 4 of Part 3 of Division 107 of the Health and
35Safety Code, to read:
36
(a) The Secretary of State and Consumer Services
40shall submit an application on behalf of the state to the federal
P4 1Department of Health and Human Services to receive a three-year
2grant to establish a Personal and Home Care Aide training program,
3as provided in Sections 4002 and 5507(b) of the federal Patient
4Protection and Affordable Care Act (Public Law 111-148).
5(b) The secretary shall write the application so that the program
6includes opportunities for honorably discharged
veterans in
7California to be hired in the training program.
O
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