California
Welfare and Institutions Code - WIC
7,184 sections, each with the official text and a plain-English explanation of what it means for you.
- § 4700 — Unless the context otherwise requires, the definitions set forth in this article govern the construction of this chapter.
- § 4701 — (a) “Adequate notice” means a written notice using the form prescribed by the department.
- § 4702 — Each regional center and each vendor that contracts with a regional center to provide services to recipients shall conspicuously post on its internet web, if any, links to the department’s internet we
- § 4705 — Every regional center or state-operated facility shall, as a condition of continued receipt of state funds, have an appeals procedure for resolving conflicts between the regional center or state-opera
- § 4705.5 — (a) Unless the claimant is themselves an attorney licensed to practice law in California, or unless the claimant will have an attorney licensed to practice law in California in attendance, a regional
- § 4706 — (a) Except as provided in subdivision (b) to the extent permitted by federal law, all issues concerning the rights of persons with developmental disabilities to receive services under this division sh
- § 4707 — (a) The following appeals processes shall be available for resolving conflicts between regional centers or state-operated facilities and recipients of, or applicants for, services under this chapter.
- § 4708 — (a) (1) The department shall create, with input from stakeholders, standard appeals process information packets.
- § 4710 — (a) The regional center or state-operated facility shall send adequate notice, as described in subdivision (a) of Section 4701, to the recipient and, if appropriate, the authorized representative, by
- § 4710.5 — (a) Any applicant for or recipient of services, or authorized representative of the applicant or recipient, who is dissatisfied with a decision or action of the regional center or state-operated facil
- § 4710.6 — (a) (1) Upon receipt of an appeal request form requesting an informal meeting, the regional center or state-operated facility and the claimant shall determine a mutually agreed-upon date, time, and pl
- § 4710.7 — (a) The purpose of the informal meeting is to attempt to resolve the issue or issues that are the subject of the appeal request informally prior to a mediation or fair hearing.
- § 4710.8 — (a) At an informal meeting, the claimant shall have the rights stated pursuant to Section 4701.
- § 4710.9 — (a) If, after the informal meeting, the claimant or their authorized representative is satisfied with all or part of the decision of the regional center or state-operated facility, they shall withdraw
- § 4711 — (a) Upon receipt of an appeal request form requesting mediation or a fair hearing, the hearing office shall immediately notify the claimant and the claimant’s authorized representative, in their prefe
- § 4711.5 — (a) Upon receipt of an appeal request form requesting mediation, the hearing office shall promptly notify the claimant and their authorized representative, in their preferred language, and the regiona
- § 4711.7 — (a) If the issue or issues involved in the mediation are resolved or partially resolved to the satisfaction of both parties, the mediator shall prepare a written resolution.
- § 4712 — (a) (1) The fair hearing shall be held within 50 days of the date the appeal request form is received by the department or other agency designated by the department to receive appeal request forms, un
- § 4712.2 — (a) Two or more claimants with a common complaint, or their authorized representatives, or a regional center or state-operated facility may request the consolidation of appeals involving a common ques
- § 4712.5 — (a) (1) Within 10 business days of the concluding day of the fair hearing, but not later than 80 days following the date the appeal request form was received by the department or by another agency des
- § 4713 — (a) If the final decision is unfavorable to the claimant, and the claimant has been receiving the services that have been the subject of the appeal, the decision shall not be implemented until 15 days
- § 4713.5 — (a) The regional center shall implement the final hearing decision as soon as practical and not later than 30 days following the date of the final hearing decision, or, if a reconsideration was grante
- § 4714 — (a) For each appeal request form submitted pursuant to Section 4710.
- § 4715 — (a) Except as provided in this section, if an appeal request is postmarked or received by the department or by another agency designated by the department to receive the appeal request, no later than
- § 4716 — Nothing in this chapter shall presume the incompetence of any person with a developmental disability to participate in any of the appeals procedures established herein.
- § 4717 — The hearing office, in collaboration with the department, shall establish and maintain an advisory committee composed of stakeholders including recipients and family members, the State Council on Deve
- § 4725 — For the purposes of this article: (a) “Access” means the right to inspect, review, and obtain an accurate copy of any record obtained in the course of providing services under this division.
- § 4726 — Notwithstanding any other law, access to records regarding an applicant for, or recipient of, services shall be provided, upon request, to the applicant, recipient, or their authorized representative,
- § 4727 — Nothing in this chapter shall be construed to compel a physician, psychologist, social worker, nurse, attorney, or other professional person to reveal information which has been given to him or her in
- § 4728 — Each regional center and the department for its state-operated facilities shall adopt procedures for granting of requests by persons authorized under Section 4726 for access to records during regular
- § 4729 — Whenever access to regional center or state-operated facility records is requested, the regional center or state-operated facility shall provide at least the following information: (a) The types of re
- § 4730 — Any person who willfully and knowingly violates the provisions of this article is guilty of a misdemeanor.
- § 4731 — (a) Each consumer or any representative acting on behalf of any consumer or consumers, who believes that any right to which a consumer is entitled has been abused, punitively withheld, or improperly o
- § 4740 — The Legislature finds the following: (a) The quality of care provided to persons with developmental disabilities by residential facilities is contingent upon a closely coordinated “team” effort by the
- § 4741 — An adult person with a developmental disability has the legal right to determine where his or her residence will be.
- § 4742 — The regional center or its designated representative shall (a) guide and counsel facility staff regarding the care and services and supports required by each consumer served by the regional center; an
- § 4742.1 — (a) A statement made by a regional center representative when discharging his or her obligation to monitor the provision of services and supports pursuant to this division shall be a privileged commun
- § 4743 — It is the intent of the Legislature that to the greatest extent possible, the staff of the regional center or its designee are assigned so as to minimize the number of persons responsible for programs
- § 4744 — The regional center or its designee shall provide to the residential facility administrator all information in its possession concerning any history of dangerous propensity of the consumer prior to th
- § 4745 — During each visit to the facility, the designated staff person shall inform the administrator orally of any substantial inadequacies in the care and services provided, the specific corrective action n
- § 4746 — The severity of the deficiencies and the quality of care provided shall determine how long the regional center or its designee will work with the facility administrator to resolve inadequacies.
- § 4747 — If a consumer or, when appropriate, the parent, guardian, or conservator or authorized representative, including those appointed pursuant to subdivision (a) of Section 4541, requests a relocation, the
- § 4748 — Within nine months of the effective date of this section, the State Department of Developmental Services shall develop and implement regulations for use by the regional center or its designee to assur
- § 4750 — The Legislature intends that expenditures on state programs for persons with developmental disabilities shall have measurable and desirable results.
- § 4750.5 — In order to gather data that is relevant to ensuring the safety and well-being of persons with developmental disabilities, the department shall ensure that the client master file entry for any person
- § 4752 — The department shall prepare by July 1, 1978, a plan for using the method to obtain and report statewide information on program effectiveness.
- § 4753 — By January 1, 1979, the department shall implement the evaluation system for all programs under its jurisdiction.
- § 4754 — Nothing in this chapter shall be construed to prohibit any agency providing services to persons with developmental disabilities from utilizing additional evaluation mechanisms for the agency’s own pro
- § 4775 — The Legislature finds that the method of appropriating funds for numerous programs for the developmentally disabled affects the availability and distribution of services and must be related to statewi
- § 4776 — On or before August 1 of each year, each regional center shall submit to the department and the state council a program budget plan for the subsequent budget year.
- § 4776.5 — (a) Regional centers shall not be subject to any provision of law, regulation, or policy required of state agencies pertaining to the planning and acquisition of information technology, including pers
- § 4777 — On or before September 1 of each year, the Superintendent of Public Instruction shall submit to the state council: (a) An estimate of all developmentally disabled persons to be served throughout the s
- § 4778 — To the extent feasible, all funds appropriated for developmental disabilities programs under this part shall be allocated to those programs by August 1 of each year.
- § 4780 — When appropriated by the Legislature, the department may receive and expend all funds made available by the federal government, the state, its political subdivisions, and other sources, and, within th
- § 4780.5 — The State Department of Developmental Services is responsible for the processing, audit, and payment of funds made available to regional centers under this division.
- § 4781 — The department may accept and expend grants, gifts, and legacies of money and, with the consent of the Department of Finance, may accept, manage, and expend grants, gifts and legacies of other propert
- § 4781.5 — (a) For the 2006–07 fiscal year only, a regional center may not expend any purchase of service funds for the startup of any new program unless one of the following criteria is met: (1) The expenditure
- § 4781.6 — (a) A regional center shall not expend any purchase of service funds for the startup of any new program unless the expenditure is necessary to protect the consumer’s health or safety or because of ext
- § 4786 — The director shall develop, establish, and maintain an equitable system of rates of state payment for care and services purchased by the department from community care facilities.
- § 4787 — (a) The department shall, in developing the annual budget for regional center-funded services and supports for residents of developmental centers who are projected to move into the community in the bu
- § 4790 — (a) It is the intent of the Legislature to provide an incentive for regional centers to select out-of-home placements that are most appropriate for each person with a developmental disability requirin
- § 4791 — (a) Notwithstanding any other provision of law or regulation, from July 1, 2010, until June 30, 2013, regional centers may temporarily modify personnel requirements, functions, or qualifications, or s
- § 4792 — (a) This section of law shall only be operative if subdivision (b) of Section 3.
- § 4800 — (a) Every adult who is or has been admitted or committed to a state hospital, developmental center, community care facility, as defined in Section 1502 of the Health and Safety Code, health facility,
- § 4801 — (a) Judicial review shall be in the superior court for the county in which the state hospital, developmental center, community care facility, or health facility is located, except that, if the adult h
- § 4802 — This chapter shall not be construed to impair the right of a conservator of an adult developmentally disabled patient to remove the patient from the state hospital at any time pursuant to Section 4825
- § 4803 — (a) If a regional center recommends that a person be admitted to a community care facility or health facility as a developmentally disabled resident, the employee or designee of the regional center re
- § 4804 — Whenever a proceeding is held in a superior court under the provisions of this chapter, involving a person who has been placed in a state hospital located outside the county of residence of the person
- § 4805 — Objections to proposed transfers between state hospitals shall be resolved pursuant to Chapter 7 (commencing with Section 4700).
- § 4806 — This chapter shall be construed in a manner that affords the adult requesting release all rights under Section 4502, including the right to treatment and habilitation services and supports in the leas
- § 4825 — The provisions of this division shall not be construed to terminate any appointment of the State Department of Mental Health as guardian of the estate of a developmentally disabled person prior to Jul
- § 4830 — As used in this chapter: (a) “Continuum” means a coordinated multicomponent services system within geographic regions of the state whose design shall support the sequential developmental needs of pers
- § 4831 — The State Department of Developmental Services may develop the design and phase-in plan for continuums and may designate one or more designated agencies to implement community living continuums throug
- § 4832 — (a) The State Council on Developmental Disabilities may review and evaluate existing and proposed community living arrangement programs within the various regions of the state and may make a recommend
- § 4833 — Upon designation by the Department of Developmental Services pursuant to Section 4831, the designated agency established pursuant to Section 4832 shall: (a) Design, organize and/or provide services fo
- § 4834 — The Director of the Department of Developmental Services may contract with a designated agency, pursuant to this chapter.
- § 4835 — (a) The Director of Developmental Services may establish uniform operational procedures, performance and evaluation standards, and utilization criteria for designated agencies pursuant to this chapter
- § 4836 — The director shall prepare a yearly report to the Legislature on the progress and effectiveness of the system using the state evaluation model in accordance with this division.
- § 4837 — The Director of Developmental Services may provide 90-day advance funding to the designated agency or community-based programs for the development or provision of continuum services under the jurisdic
- § 4839 — The State Department of Developmental Services may study and prepare a plan in cooperation with the State Council on Developmental Disabilities.
- § 4841 — Notwithstanding the provisions of Sections 4675, 4676 and 4677, the Director of Developmental Services, when reviewing, approving, and allocating money from the Program Development Fund for community
- § 4843 — To accomplish the goals enumerated in Section 4833, the director may: (a) Develop a continuum training model and provide technical assistance to providers of community living arrangements through stat
- § 4844 — The Director of Developmental Services shall initiate and monitor interagency performance agreements between the Department of Rehabilitation, the State Department of Health Care Services, the State D
- § 4845 — If authorized by regulations adopted by the department and if not available through other state or local programs, the continuum services may with respect to the designated agency, include, but shall
- § 4846 — Interagency agreements shall be established between the regional centers and the community living continuums to assure clear roles and responsibilities for delivery of services; and may include the De
- § 4850 — (a) The Legislature reaffirms its intent that habilitation services for adults with developmental disabilities should be planned and provided as a part of a continuum and that habilitation services sh
- § 4850.1 — Notwithstanding Section 19050.
- § 4850.2 — (a) Except as otherwise specifically provided, this chapter shall only apply to those habilitation services purchased by the regional centers.
- § 4851 — The definitions contained in this chapter shall govern the construction of this chapter, with respect to habilitation services provided through the regional center, and unless the context requires oth
- § 4852 — A consumer shall be referred to a provider of habilitation services under this chapter when all of the following apply: (a) The individual is an adult who has been diagnosed as having a developmental
- § 4853 — (a) When a referral for habilitation services pursuant to Section 4852 has been made and if the individual is placed in a work activity program, he or she shall be deemed presumptively eligible for a
- § 4854 — In developing the individual habilitation service plan pursuant to Section 4853, the habilitation service provider shall develop specific and measurable objectives to determine whether the consumer de
- § 4854.1 — The individual program plan planning team, shall, pursuant to Section 4646, meet, when it is necessary to review any of the following: (a) The appropriateness of job placement.
- § 4855 — When an individual who is eligible for habilitation services under this chapter is referred to the Department of Rehabilitation for vocational rehabilitation services, including supported employment s
- § 4856 — (a) The regional center shall monitor, evaluate, and audit habilitation services providers for program effectiveness, using performance criteria that include, but are not limited to, all of the follow
- § 4857 — The regional center shall purchase habilitation services pursuant to the individual program plan.
- § 4857.1 — Regional centers may purchase habilitation services only from providers who are vendored as described in Section 4861 and regulations promulgated pursuant to that section.
- § 4858 — (a) Each work activity program vendor shall, at a minimum, annually review the status of consumers participating in their program to determine whether these individuals would benefit from vocational r
- § 4859 — (a) The department shall adopt regulations to establish rates for work activity program services subject to the approval of the Department of Finance.
- § 4860 — (a) (1) The hourly rate for supported employment services shall be set by the department and posted to its internet website.
- § 4861 — The regional center may vendor new work activity or supported employment programs, after determining the capacity of the program to deliver effective services, and assessing the ability of the program
- § 4862 — (a) The length of a work activity program day shall not be less than five hours, excluding the lunch period.
- § 4863 — (a) In accordance with regulations adopted by the department, and if agreed upon by the work activity program and the regional center, hourly billing shall be permitted, provided that it does not incr
- § 4864 — The department shall authorize payment for absences in work activity programs and supported employment programs that are directly consequent to a declaration of a State of Emergency by the Governor.
- § 4865 — At the request of the Department of Rehabilitation, a work activity or supported employment program or both shall release accreditation and state licensing reports and consumer special incident report
- § 4865.1 — (a) A regional center shall continue to pay the rate in effect as of June 30, 2004, for a supported employment placement group composed of a coach-to-client ratio of 1:3 when the provider submits to t
- § 4866 — The department may promulgate emergency regulations to carry out the provisions of this chapter.
- § 4867 — Nothing in this chapter shall be interpreted to mean that work activity programs or supported employment programs cannot serve consumers who are funded by agencies other than regional centers, includi
- § 4868 — For purposes of this chapter, the following definitions shall apply: (a) “Competitive employment” means work in the competitive labor market that is performed on a full-time or part-time basis in an i
- § 4868.5 — (a) There is in the California Health and Human Services Agency the Office of Employment First.
- § 4869 — (a) (1) In furtherance of the purposes of this division to make services and supports available to enable persons with developmental disabilities to approximate the pattern of everyday living availabl
- § 4870 — (a) To encourage competitive integrated employment opportunities statewide for individuals with developmental disabilities, the department shall establish guidelines and oversee a program, to the exte
- § 4870.1 — (a) In addition to the program described Section 4870, subject to an appropriation in the Budget Act, the department shall establish, by December 31, 2021, a program to increase pathways to competitiv
- § 4870.2 — (a) In addition to the program described in Section 4870, subject to an appropriation in the Budget Act for this purpose, the department shall establish, by December 31, 2022, a three-year pilot progr
- § 4875 — For purposes of this chapter: (a) “ABLE account” or “account” means the account established for and owned by a designated beneficiary pursuant to this chapter for the purpose of meeting the qualified
- § 4876 — There is hereby created the California ABLE Act Board that consists of the Treasurer, the Director of Finance, the Controller, the Director of Developmental Services, the Chairperson of the State Coun
- § 4877 — (a) There is hereby created an instrumentality of the State of California to be known as the California ABLE Program Trust.
- § 4878 — (a) The board shall segregate moneys received by the ABLE program trust into two funds, which shall be identified as the program fund and the administrative fund.
- § 4879 — (a) Under the program, a person may make contributions for a taxable year, for the benefit of an individual who is an eligible individual for that taxable year, to an ABLE account that is established
- § 4880 — (a) Notwithstanding any other law, moneys in, contributions to, and any distribution for qualified disability expenses from, an ABLE account, not to exceed one hundred thousand dollars ($100,000), sha
- § 4881 — (a) The board shall provide an annual listing of distributions to individuals with respect to an interest in an ABLE account to the Franchise Tax Board at a time and in a manner and form as specified
- § 4882 — (a) The board shall adopt regulations as it deems necessary to implement this chapter consistent with the federal Internal Revenue Code and regulations issued pursuant to that code to ensure that this
- § 4883 — This act shall be construed liberally in order to effectuate its legislative intent.
- § 4884 — The board shall market this program to residents of the United States to the extent funds are available to do so.
- § 4885 — (a) Notwithstanding any other state law, and only to the extent permitted under federal law, the program may permit a change in the designated beneficiary of an ABLE account, made during the life of t
- § 4900 — (a) The definitions contained in this section govern the construction of this division, unless the context requires otherwise.
- § 4901 — (a) The protection and advocacy agency, for purposes of this division, shall be a private nonprofit corporation and shall meet all of the requirements of federal law applicable to protection and advoc
- § 4902 — (a) The protection and advocacy agency, in protecting and advocating for the rights of people with disabilities, pursuant to the federal mandate, may exercise any authority specified in this section w
- § 4903 — (a) The protection and advocacy agency shall have access to the records of any of the following people with disabilities: (1) Any person who is a client of the agency, or any person who has requested
- § 4904 — (a) The protection and advocacy agency, its employees, and designated agents, shall not be liable for an injury resulting from an employee’s or agent’s act or omission where the act or omission was th
- § 4905 — (a) No employee or agent of a facility, program, or service shall subject a person with a disability to reprisal or harassment or directly or indirectly take or threaten to take any action that would
- § 4906 — (a) The protection and advocacy agency may not obtain access through the use of physical force to facilities, programs, service recipients, residents, or records required by the division if this acces
- § 5 — Unless the context otherwise requires, the general provisions hereinafter set forth shall govern the construction of this code.
- § 500 — The Legislature hereby finds that a substantial and disproportionate amount of serious crime is committed by a relatively small number of chronic juvenile offenders commonly known as serious habitual
- § 5000 — This part shall be known and may be cited as the Lanterman-Petris-Short Act.
- § 5001 — The provisions of this part and Part 1.
- § 5002 — (a) Persons with mental health disorders and persons impaired by chronic alcoholism may no longer be judicially committed.
- § 5003 — Nothing in this part shall be construed in any way as limiting the right of any person to make voluntary application at any time to any public or private agency or practitioner for mental health servi
- § 5004 — Persons with mental health disorders and persons with developmental disabilities shall receive protection from criminal acts equal to that provided any other resident in this state.
- § 5004.5 — (a) Notwithstanding any other law, a legal guardian, conservator, or other person who reasonably believes a person with a mental health disorder or developmental disability is the victim of a crime ma
- § 5005 — Unless specifically stated, a person complained against in any petition or proceeding initiated by virtue of the provisions of this part shall not forfeit any legal right or suffer legal disability by
- § 5006 — The provisions of this part shall not be construed to deny treatment by spiritual means through prayer in accordance with the tenets and practices of a recognized church or denomination for any person
- § 5007 — Unless otherwise indicated, the provisions of this part shall not be construed to apply retroactively to terminate court commitments of mentally ill persons or inebriates under preexisting law.
- § 5008 — Unless the context otherwise requires, the following definitions shall govern the construction of this part: (a) “Evaluation” consists of multidisciplinary professional analyses of a person’s medical,
- § 5008.1 — As used in this division and in Division 4 (commencing with Section 4000), Division 4.
- § 5008.2 — (a) When applying the definition of mental disorder for the purposes of Articles 2 (commencing with Section 5200), 4 (commencing with Section 5250), and 5 (commencing with Section 5275) of Chapter 2 a
- § 5009 — Persons receiving evaluation or treatment under this part shall be given a choice of physician or other professional person providing such services, in accordance with the policies of each agency prov
- § 501 — (a) There is hereby established in the Office of Criminal Justice Planning a program of financial assistance for law enforcement, district attorneys, probation departments, juvenile courts, and school
- § 5010 — The agency established in this state to fulfill the requirements and assurances of Section 142 of the federal Developmental Disabilities Act of 1984 for a system to protect and advocate the rights of
- § 5012 — The fact that a person has been taken into custody under this part may not be used in the determination of that person’s eligibility for payment or reimbursement for mental health or other health care
- § 5013 — (a) It is the intent of the Legislature that referrals between facilities, providers, and other organizations shall be facilitated by the sharing of information and records in accordance with Section
- § 5014 — (a) To the extent otherwise permitted under state and federal law and consistent with the Mental Health Services Act, both of the following apply for purposes of Article 1 (commencing with Section 515
- § 502 — (a) An individual shall be the subject of the efforts of programs established pursuant to this article who has been previously adjudged a ward pursuant to Section 602 and is described in any of the fo
- § 5020.1 — A minor with a mental health condition, between the ages of 3 and 18, upon being considered for release from a state hospital shall have an aftercare plan developed.
- § 503 — Programs funded under this article shall adopt and pursue the following policies: (a) Each participating law enforcement agency shall do all of the following: (1) Gather data on identified serious hab
- § 504 — The judge of the juvenile court shall authorize the inspection of juvenile court records, probation and protective services records, district attorney records, school records, and law enforcement reco
- § 505 — Within three months of implementation of the program, all participating agencies in a county shall execute a written interagency agreement outlining their role in the program, including the duties the
- § 506 — Law enforcement agencies and district attorneys participating in programs funded pursuant to this article shall adopt procedures to require a check of juvenile criminal history of all adults whose cas
- § 5110 — Whenever a proceeding is held in a superior court under Article 5 (commencing with Section 5275) or Article 6 (commencing with Section 5300) of this chapter or Chapter 3 (commencing with Section 5350)
- § 5111 — Any county without a public defender is authorized to compensate the attorneys appointed for persons entitled to be represented by counsel in proceedings under this part.
- § 5113 — Except as provided in Sections 5154, 5173, 5259.
- § 5114 — At any judicial proceeding under the provisions of this division, allegations that the person is a danger to others, or to himself, or gravely disabled as a result of mental disorder or impairment by
- § 5115 — The Legislature hereby finds and declares: (a) It is the policy of this state, as declared and established in this section and in the Lanterman Developmental Disabilities Services Act, Division 4.
- § 5116 — (a) Pursuant to the policy stated in Section 5115, a state-authorized, certified, or licensed family care home, foster home, or group home serving six or fewer persons with mental health disorders or
- § 5117 — In order to further facilitate achieving the purposes of this act and the Lanterman Mental Retardation Act of 1969, it is desirable that there be a consolidation of the facilities standard setting, li
- § 5118 — (a) For the purpose of conducting hearings under this part, the court in and for the county where the petition is filed may be convened at any time and place within or outside the county suitable to t
- § 5119 — On and after July 1, 1972, when a person who is an employee of the State Department of Mental Health at the time of employment by a county in a county mental health program or on and after July 1, 197
- § 5120 — It is the policy of this state as declared and established in this act and in the Lanterman-Petris-Short Act that the care and treatment of individuals with a mental health condition be provided in th
- § 5121 — (a) The county behavioral health director may develop procedures for the county’s designation and training of professionals who will be designated to perform functions under Section 5150.
- § 5122 — (a) For purposes of an opinion offered by an expert witness in a proceeding relating to the appointment or reappointment of a conservator pursuant to Chapter 3 (commencing with Section 5350) or Chapte
- § 5150 — (a) When a person, as a result of a mental health disorder, is a danger to others, or to themselves, or gravely disabled, a peace officer, professional person in charge of a facility designated by the
- § 5150.05 — (a) When determining if probable cause exists to take a person into custody, or cause a person to be taken into custody, pursuant to Section 5150, a person who is authorized to take that person, or ca
- § 5150.1 — No peace officer seeking to transport, or having transported, a person to a designated facility for assessment under Section 5150, shall be instructed by mental health personnel to take the person to,
- § 5150.2 — In each county whenever a peace officer has transported a person to a designated facility for assessment under Section 5150, that officer shall be detained no longer than the time necessary to complet
- § 5150.4 — “Assessment” for the purposes of this article, means the determination of whether a person shall be evaluated and treated pursuant to Section 5150.
- § 5150.5 — (a) An examination or assessment pursuant to Section 5150 or 5151 may be conducted using telehealth.
- § 5151 — (a) If the facility designated by the county for evaluation and treatment admits the person, it may detain the person for evaluation and treatment for a period not to exceed 72 hours from the time tha
- § 5152 — (a) A person admitted to a facility for 72-hour treatment and evaluation under the provisions of this article shall receive an evaluation as soon as possible after the person is admitted and shall rec
- § 5152.1 — The professional person in charge of the facility providing 72-hour evaluation and treatment, or his or her designee, shall notify the county behavioral health director or the director’s designee and
- § 5152.2 — Each law enforcement agency within a county shall arrange with the county behavioral health director a method for giving prompt notification to peace officers pursuant to Section 5152.
- § 5153 — Whenever possible, officers charged with apprehension of persons pursuant to this article shall dress in plain clothes and travel in unmarked vehicles.
- § 5154 — (a) Notwithstanding Section 5113, if the provisions of Section 5152 have been met, the professional person in charge of the facility providing 72-hour treatment and evaluation, their designee, the med
- § 5155 — Nothing in this part shall be construed as granting authority to local entities to issue licenses supplementary to existing state and local licensing laws.
- § 5170 — When any person is a danger to others, or to himself, or gravely disabled as a result of inebriation, a peace officer, member of the attending staff, as defined by regulation, of an evaluation facilit
- § 5170.1 — A 72-hour treatment and evaluation facility shall include one or more of the following: (1) A screening, evaluation, and referral facility which may be accomplished by a mobile crisis unit, first aid
- § 5170.3 — Such evaluation facility shall require an application in writing stating the circumstances under which the person’s condition was called to the attention of the officer, member of the attending staff,
- § 5170.5 — Any person placed in an evaluation facility has, immediately after he is taken to an evaluation facility and except where physically impossible, no later than three hours after he is placed in such fa
- § 5170.7 — A person who requests to be released from the facility before 72 hours have elapsed shall be released only if the psychiatrist directly responsible for the person’s treatment believes, as a result of
- § 5171 — (a) If the facility for 72-hour treatment and evaluation of individuals under the influence of alcohol admits the person, it may detain the individual for evaluation and detoxification treatment, and
- § 5172 — Each person admitted to a facility for 72-hour treatment and evaluation under the provisions of this article shall receive an evaluation as soon after he or she is admitted as possible and shall recei
- § 5172.1 — Any person who is a danger to others, or to himself, or gravely disabled as a result of inebriation, may voluntarily apply for admission to a 72-hour evaluation and detoxification treatment facility f
- § 5173 — (a) Notwithstanding Section 5113, if the provisions of Section 5170.
- § 5174 — It is the intent of the Legislature (a) that facilities for 72-hour treatment and evaluation of inebriates be subject to state funding under Part 2 (commencing with Section 5600) of this division only
- § 5175 — This article does not prevent a facility designated as a facility for 72-hour evaluation and treatment of individuals under the influence of alcohol from also being designated as a facility for 72-hou
- § 5176 — (a) This article shall apply only to those counties wherein the board of supervisors has adopted a resolution stating that suitable facilities exist within the county for the care and treatment of ind
- § 5200 — Any person alleged, as a result of mental disorder, to be a danger to others, or to himself, or to be gravely disabled, may be given an evaluation of his condition under a superior court order pursuan
- § 5201 — Any individual may apply to the person or agency designated by the county for a petition alleging that there is in the county a person who is, as a result of mental disorder a danger to others, or to
- § 5202 — The person or agency designated by the county shall prepare the petition and all other forms required in the proceeding, and shall be responsible for filing the petition.
- § 5203 — Any individual who seeks a petition for court-ordered evaluation knowing that the person for whom the petition is sought is not, as a result of mental disorder, a danger to himself, or to others, or g
- § 5204 — The petition for a court-ordered evaluation shall contain the following: (a) The name and address of the petitioner and his interest in the case.