BILL NUMBER: SB 301 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Vidak
FEBRUARY 23, 2015
An act to amend Section 5600.3 of the Welfare and Institutions
Code, relating to mental health.
LEGISLATIVE COUNSEL'S DIGEST
SB 301, as introduced, Vidak. Mental health.
Existing law contains provisions governing the operation and
financing of community mental health services for the mentally
disordered in every county through locally administered and locally
controlled community mental health programs.
This bill would make technical, nonsubstantive changes to the
latter 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 18 years of age 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. Members 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 suicide suicide, 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 that may cause
behavioral functioning which that
interferes substantially with the primary activities of daily living,
and which that 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, persons who are
any of the following: following persons:
(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 when
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.