BILL NUMBER: SB 1770 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 13, 2000
INTRODUCED BY Senator Chesbro
FEBRUARY 23, 2000
An act to amend Sections 5020.1, 5402, 5600.5, 5600.6,
and 5600.7 of, and to add Section 5600.8 to ,
the Welfare and Institutions Code, relating to mental
health.
LEGISLATIVE COUNSEL'S DIGEST
SB 1770, as amended, Chesbro. Mental health: aftercare
plans client and family member empowerment programs
.
(1) Existing law, the Lanterman-Petris-Short Act, authorizes the
involuntary detention for evaluation of persons who are dangerous to
self or others, or gravely disabled, as defined. Existing law
requires a mentally ill minor, between the ages of 3 and 18 years,
upon being considered for release from a state hospital, to have an
aftercare plan developed.
This bill would expand this requirement to include any person with
mental disabilities and would specify the content of the aftercare
plan.
(2) Existing law requires the State Department of Mental Health to
collect and publish annually quantitative information concerning the
operation of state and county mental health programs and to make
these reports available to medical, legal, and other professional
groups involved in the implementation of these programs.
This bill would require the department also to make these reports
available to the Legislature and to the public upon request.
(3) Existing
Existing law, the Bronzan-McCorquodale Act, provides for the
organization and finance of community mental health services for the
mentally disordered in every county through locally administered and
locally controlled community mental health programs.
Existing law establishes a minimum array of services for children and
youth, adults, and older adults meeting certain target population
criteria.
This bill would require each child or youth, adult, and older
adult receiving services under the act to have a service plan
developed that includes the services and supports necessary to meet
the housing, therapeutic, and other needs of the client. The bill
would also require that each adult and older adult client be provided
with information and, when requested by the client, assistance in
developing an advance directive for mental health treatment. The
imposition of these new requirements on counties would create a
state-mandated local program.
(4) 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, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
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.
This bill would require, in any year in which funds are provided
for this purpose in the annual Budget Act, the State Department of
Mental Health, pursuant to a request-for-proposal process, to provide
grants to county mental health departments for mental health client
and family member empowerment programs that meet criteria specified
in the bill.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 5020.1 of the Welfare and
SECTION 1. (a) The Legislature finds and declares all of the
following:
(a) Persons with mental disabilities and their family members
make significant contributions to the development of a high-quality
and cohesive mental health system in California.
(2) The delivery of appropriate mental health services and
supports to persons with mental disabilities is improved by the
involvement of clients and family members in the development of
treatment and service plans.
(3) The effectiveness of mental health treatment and services is
enhanced when clients and family members are afforded choices about
methods of delivery.
(4) The participation of clients and family members in the mental
health system is improved through peer supports.
(5) Access to information is necessary to ensure that clients and
family members participate in the mental health system to their
fullest capacity.
(b) It is the intent of the Legislature to improve the role and
leadership of mental health system clients and their family members
in the development, implementation, and oversight of mental health
policies in California, as well as the exercise of consumer choice in
the determination of mental health treatment and service programs.
SEC. 2. Section 5600.8 is added to the Welfare and Institutions
Code, to read:
5600.8. (a) The department shall issue a request for proposals in
order to establish and expand empowerment programs for mental health
clients and their family members by not later than October 1 in any
year in which funds are provided in the annual Budget Act for this
purpose. The department shall make grants to county mental health
departments on the basis of proposals meeting the criteria set forth
in this section.
(b) Proposals solicited pursuant to subdivision (a) may be
submitted by any county mental health department, and shall include
all of the following:
(1) A description of how the proposal will result in the
establishment, expansion, or improvement of training, information,
and referral services for clients and family members.
(2) A description of how the proposal will result in the
establishment, expansion, or improvement of the role of clients and
family members in local policy development, implementation, and
oversight activities.
(3) A description of how the proposal will result in the
establishment, expansion, or improvement of the use of clients and
family members in staff positions within the department.
(4) A description of how the proposal will result in the
establishment or expansion of self-help and other client-run
programs.
(5) A description of how the proposal will result in the
establishment of family-to-family support activities.
(6) A description of how the proposal will result in improved
decisionmaking and choices for clients and family members.
(c) A proposal submitted pursuant to subdivision (b) shall
describe how clients and family members played a substantive role in
the development of the proposal.
(d) Proposals submitted pursuant to subdivision (b) shall describe
how the county will continue to implement their client and family
member empowerment plan after the state grant funding authorized by
this section is terminated. Institutions Code is
amended to read:
5020.1. A person with mental disabilities, upon being considered
for release from a state hospital, shall have an aftercare plan
developed. This plan shall be developed jointly by the appropriate
hospital staff, the client, family members and friends, and when
appropriate, representatives from the county mental health department
and providers of services and supports to be provided in the
community upon release, and shall include the services and supports
necessary to meet the housing, therapeutic, employment, educational,
or training needs, provided these are necessary for the patient's
well-being. The plan shall identify the provider of each listed
service or support.
SEC. 2. Section 5402 of the Welfare and Institutions Code is
amended to read:
5402. (a) The State Department of Mental Health shall collect and
publish annually quantitative information concerning the operation
of this division including the number of persons admitted for 72-hour
evaluation and treatment, 14-day and 30-day periods of intensive
treatment, and 180-day postcertification intensive treatment, the
number of persons transferred to mental health facilities pursuant to
Section 4011.6 of the Penal Code, the number of persons for whom
temporary conservatorships are established, and the number of persons
for whom conservatorships are established in each county.
(b) Each local mental health director, and each facility providing
services to persons pursuant to this division, shall provide the
department, upon its request, with any information, records, and
reports which the department deems necessary for the purposes of this
section. The department shall not have access to any patient name
identifiers.
(c) Information published pursuant to this section shall not
contain patient name identifiers and shall contain statistical data
only.
(d) The department shall make the reports available to the
Legislature, to medical, legal, and other professional groups
involved in the implementation of this division, and to the public
upon request.
SEC. 3. Section 5600.5 of the Welfare and Institutions Code is
amended to read:
5600.5. (a) The minimum array of services for children and youth
meeting the target population criteria established in subdivision (a)
of Section 5600.3 should include the following modes of service in
every geographical area, to the extent resources are available:
(1) Precrisis and crisis services.
(2) Assessment.
(3) Medication education and management.
(4) Case management.
(5) Twenty-four-hour treatment services.
(6) Rehabilitation and support services designed to alleviate
symptoms and foster development of age appropriate cognitive,
emotional, and behavioral skills necessary for maturation.
(b) Each child or youth client receiving services and supports
under this part shall have a service plan that is developed jointly
by the client, family members, and representatives from the county
mental health department and providers of services and supports. The
plan shall include the services and supports necessary to meet the
housing, therapeutic, educational, or training needs of the client.
The plan shall identify the provider of each listed service or
support.
SEC. 4. Section 5600.6 of the Welfare and Institutions Code is
amended to read:
5600.6. (a) The minimum array of services for adults meeting the
target population criteria established in subdivision (b) of Section
5600.3 should include the following modes of service in every
geographical area, to the extent resources are available:
(1) Precrisis and crisis services.
(2) Assessment.
(3) Medication education and management.
(4) Case management.
(5) Twenty-four-hour treatment services.
(6) Rehabilitation and support services.
(7) Vocational services.
(8) Residential services.
(b) Each adult client receiving services and supports under this
part shall have a service plan that is developed jointly by the
client, family members and friends, and when appropriate,
representatives from the county mental health department and
providers of services and supports. The plan shall include the
services and supports necessary to meet the housing, therapeutic,
educational, or training needs of the client. The plan shall
identify the provider of each listed service or support.
SEC. 5. Section 5600.7 of the Welfare and Institutions Code is
amended to read:
5600.7. (a) The minimum array of services for older adults
meeting the target population criteria established in subdivision (b)
of Section 5600.3 should include the following modes of service in
every geographical area, to the extent resources are available:
(1) Precrisis and crisis services, including mobile services.
(2) Assessment, including mobile services.
(3) Medication education and management.
(4) Case management, including mobile services.
(5) Twenty-four-hour treatment services.
(6) Residential services.
(7) Rehabilitation and support services, including mobile
services.
(b) Each older adult client receiving services and supports under
this part shall have a service plan that is developed jointly by the
client, family members and friends, and when appropriate,
representatives from the county mental health department and
providers of services and supports. The plan shall include the
services and supports necessary to meet the housing, therapeutic, and
training needs of the client. The plan shall identify the provider
of each listed service or support.
SEC. 6. Section 5600.8 is added to the Welfare and Institutions
Code, to read:
5600.8. Each adult and older adult client receiving services
under this part shall be provided with information and, when
requested by the client, assistance in developing an advance
directive for mental health treatment.
SEC. 7. Notwithstanding Section 17610 of the Government Code, 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. If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.