California Legislature—2013–14 Regular Session

Assembly Bill No. 1725

Introduced by Assembly Member Maienschein

February 14, 2014

An act to amend Sections 5350.2 and 5352 of the Welfare and Institutions Code, relating to mental health.

LEGISLATIVE COUNSEL’S DIGEST

AB 1725, as introduced, Maienschein. Mental health: conservatorship hearings for the gravely disabled.

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.

This bill would include a person who is gravely disabled as a result of substance abuse as a person for whom a conservatorship may be requested and granted. This bill would also provide a procedure for a family member or interested person who believes a conservatorship is necessary to petition the probate court to establish a conservatorship, as specified. This bill would also authorize the court, after a hearing, to recommend a conservatorship to the officer providing conservatorship investigation when the court, in a conservatorship established under the Probate Code, determines that a person, for whom a conservatorship has been established under the Probate Code, may be gravely disabled as a result of a mental disorder or impairment by chronic alcoholism or substance abuse and is unwilling to accept, or incapable of accepting treatment voluntarily. This bill would require the officer providing conservatorship investigation to file a copy of his or her report with the court within 30 days of the court’s recommendation.

By expanding the duties of the county officer providing conservatorship investigation, 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 5350.2 of the Welfare and Institutions
Code is amended to read:

5350.2.  

Reasonable attempts shall be made by the county
mental health program begin insert , or the petitioning party, end insert to notify family
members or any other person designated by the person for whom
conservatorship is sought, of the time and place of the
conservatorship hearing. The person for whom the conservatorship
is sought shall be advised by the facility treating the person that
he or she may request that information about the time and place
of the conservatorship hearing not be given to family members,
in those circumstances where the proposed conservator is not a
family member. The request shall be honored by the mental health
program. Neither this section nor Section 5350 shall be interpreted
to allow the proposed conservatee to request that any proposed
conservator not be advised of the time and place of the
conservatorship hearing.

SEC. 2.  

Section 5352 of the Welfare and Institutions Code is
amended to read:

5352.  

begin insert (a) end insert begin insert   end insert When the professional person in charge of an agency
providing comprehensive evaluation or a facility providing
intensive treatment determines that a person in his begin insert or her end insert care is
gravely disabled as a result of mental disorder or impairment begin delete by
chronic alcoholism end delete begin insert by chronic alcoholism end insert begin insert or substance abuse end insert and
is unwilling to accept, or incapable of accepting, treatment
voluntarily, he begin insert or she end insert may recommend conservatorship to the
officer providing conservatorship investigation of the begin insert person’s end insert
county of residence begin delete of the person end delete prior to begin delete his admission end delete begin insert admitting
him or her end insert as a patient in begin delete such end delete begin insert the end insert facility.

begin delete

The

end delete

begin insert (b) end insert begin insert   end insert begin insert The end insert professional person in charge of an agency providing
comprehensive evaluation or a facility providing intensive
treatment may recommend conservatorship for a person without
the person being an inpatient in begin delete such end delete begin insert the end insert facility, if both of the
following conditions are met: begin delete (a) the end delete

begin insert (1) end insert begin insert   end insert begin insert The end insert professional person or another professional person
designated by him begin insert or her end insert has examined and evaluated the person
and determined that he begin insert or she end insert is gravely begin delete disabled; (b) the end delete begin insert disabled. end insert

begin insert (2) end insert begin insert   end insert begin insert The end insert professional person or another professional person
designated by him begin insert or her end insert has determined that future examination
on an inpatient basis is not necessary for a determination that the
person is gravely disabled.

begin delete

If

end delete

begin insert (c) end insert begin insert   end insert begin insert If end insert the officer providing conservatorship investigation concurs
with the recommendation begin insert of the professional person end insert , he begin insert or she end insert
shall petition the superior court in the begin insert patient’s end insert county begin delete of residence
of the patient end delete to establish conservatorship. begin insert If the officer providing
conservatorship investigation does not initiate conservatorship
proceedings, but a family member or interested person believes a
conservatorship is necessary, the family member or interested
person may petition the Probate Court under this chapter for the
establishment of a conservatorship if the following conditions have
been met: end insert

begin insert

(1) The professional person in charge of an agency providing
comprehensive evaluation or a facility providing intensive
treatment has examined and evaluated the person and determined
that he or she is gravely disabled as a result of a mental disorder
or impairment by chronic alcoholism or substance abuse and is
unwilling to accept, or incapable of accepting, voluntary treatment.

end insert begin insert

(2) The professional person has recommended a conservatorship
to the officer providing conservatorship investigation in the county
of residence.

end insert begin insert

(3) The officer providing the investigation has made a report,
but declines to initiate conservatorship proceedings.

end insert begin insert

(d) (1) The court, after a hearing, may recommend a
conservatorship under this chapter to the officer providing
conservatorship investigation of the person’s county of residence
when the court in a conservatorship established under the Probate
Code determines that a person, for whom a conservatorship has
been established under the Probate Code, may be gravely disabled
as a result of a mental disorder or impairment by chronic
alcoholism or substance abuse and is unwilling to accept, or
incapable of accepting treatment voluntarily.

end insert begin insert

(2) Within 30 days after the recommendation, the officer
providing conservatorship investigation shall file a copy of his or
her report with the court making the recommendation in the
Probate conservatorship.

end insert begin delete

Where

end delete

begin insert (e) end insert begin insert   end insert begin insert Where end insert temporary conservatorship is indicated, begin delete the end delete begin insert that end insert fact
shall be alternatively pleaded in the petition. The officer providing
conservatorship investigation or other county officer or employee
designated by the county shall act as the temporary conservator.

SEC. 3.  

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.