SECTIONS 5270.10-5270.65 - California Statutes

WELFARE AND INSTITUTIONS CODE

SECTION 5270.10-5270.65

5270.10. It is the intent of the Legislature to reduce the number
of gravely disabled persons for whom conservatorship petitions are
filed and who are placed under the extensive powers and authority of
a temporary conservator simply to obtain an additional period of
treatment without the belief that a conservator is actually needed
and without the intention of proceeding to trial on the
conservatorship petition. This change will substantially reduce the
number of conservatorship petitions filed and temporary
conservatorships granted under this part which do not result in
either a trial or a conservatorship.

5270.12. This article shall be operative only in those counties in
which the county board of supervisors, by resolution, authorizes its
application and, by resolution, makes a finding that any additional
costs incurred by the county in the implementation of this article
are funded either by new funding sufficient to cover the costs
incurred by the county resulting from this article, or funds
redirected from cost savings resulting from this article, or a
combination thereof, so that no current service reductions will occur
as a result of the enactment of this article. Compliance with this
section shall be monitored by the Department of Mental Health as part
of their review and approval of county Short-Doyle plans.

5270.15. Upon the completion of a 14-day period of intensive
treatment pursuant to Section 5250, the person may be certified for
an additional period of not more than 30 days of intensive treatment
under both of the following conditions:
(a) The professional staff of the agency or facility treating the
person has found that the person remains gravely disabled as a result
of a mental disorder or impairment by chronic alcoholism.
(b) The person remains unwilling or unable to accept treatment
voluntarily.
Any person certified for an additional 30 days pursuant to this
article shall be provided a certification review hearing in
accordance with Section 5256 unless a judicial review is requested
pursuant to Article 5 (commencing with Section 5275).
The professional staff of the agency or facility providing
intensive treatment shall analyze the person's condition at intervals
of not to exceed 10 days, to determine whether the person continues
to meet the criteria established for certification under this
section, and shall daily monitor the person's treatment plan and
progress. Termination of this certification prior to the 30th day
shall be made pursuant to Section 5270.35.

5270.20. For a person to be certified under this article, a second
notice of certification shall be signed by the professional person in
charge of the facility providing intensive treatment to the person
and by either a physician who shall, if possible, be a
board-qualified psychiatrist, or a licensed psychologist who has a
doctoral degree in psychology and at least five years of postgraduate
experience in the diagnosis and treatment of emotional and mental
disorders. The physician or psychologist who signs shall have
participated in the evaluation and finding referred to in subdivision
(a) of Section 5270.15.
If the professional person in charge is the physician who
performed the medical evaluation and finding, or a psychologist, the
second person to sign may be another physician or psychologist,
unless one is not available, in which case a social worker or a
registered nurse who participated in the evaluation and finding shall
sign the notice of certification.

5270.25. A second notice of certification is required for all
involuntary intensive treatment, pursuant to this article, and shall
be in substantially the form indicated in Section 5252.

5270.30. Copies of the second notice of certification as set forth
in Section 5270.25, shall be filed with the court and personally
delivered to the person certified. A copy shall also be sent to the
person's attorney, to the district attorney, to the public defender,
if any, and to the facility providing intensive treatment.
The person certified shall also be asked to designate any
individual who is to be sent a copy of the certification notice. If
the person certified is incapable of making the designation at the
time of certification, that person shall be given another opportunity
to designate when able to do so.

5270.35. (a) A certification pursuant to this article shall be for
no more than 30 days of intensive treatment, and shall terminate only
as soon as the psychiatrist directly responsible for the person's
treatment believes, as a result of the psychiatrist's personal
observations, that the person no longer meets the criteria for the
certification, or is prepared to voluntarily accept treatment on a
referral basis or to remain on a voluntary basis in the facility
providing intensive treatment. However, in those situations in which
both a psychiatrist and psychologist have personally evaluated or
examined a person who is undergoing intensive treatment and there is
a collaborative treatment relationship between the psychiatrist and
the psychologist, either the psychiatrist or psychologist may
authorize the release of the person but only after they have
consulted with one another. In the event of a clinical or
professional disagreement regarding the early release of a person who
is undergoing intensive treatment, the person may not be released
unless the facility's medical director overrules the decision of the
psychiatrist or psychologist opposing the release. Both the
psychiatrist and psychologist shall enter their findings, concerns,
or objections into the person's medical record. If any other
professional person who is authorized to release the person believes
the person should be released before 30 days have elapsed, and the
psychiatrist directly responsible for the person's treatment objects,
the matter shall be referred to the medical director of the facility
for the final decision. However, if the medical director is not a
psychiatrist, he or she shall appoint a designee who is a
psychiatrist. If the matter is referred, the person shall be released
before 30 days have elapsed only if the psychiatrist believes, as a
result of the psychiatrist's personal observations, that the person
no longer meets the criteria for certification, or is prepared to
voluntarily accept treatment on referral or to remain on a voluntary
basis in the facility providing intensive treatment.
(b) Any person who has been certified for 30 days of intensive
treatment under this article, shall be released at the end of 30 days
unless one or more of the following is applicable:
(1) The patient agrees to receive further treatment on a voluntary
basis.
(2) The patient is the subject of a conservatorship petition filed
pursuant to Chapter 3 (commencing with Section 5350).
(3) The patient is the subject of a petition for postcertification
treatment of a dangerous person filed pursuant to Article 6
(commencing with Section 5300).
(c) The amendments to this section made by Assembly Bill 348 of
the 2003-04 Regular Session shall not be construed to revise or
expand the scope of practice of psychologists, as defined in Chapter
6.6 (commencing with Section 2900) of Division 2 of the Business and
Professions Code.

5270.40. Any individual who is knowingly and willfully responsible
for detaining a person for more than 30 days in violation of the
provisions of Section 5270.35 is liable to that person in civil
damages.

5270.45. Whenever a county designates two or more facilities to
provide intensive treatment and the person to be treated, his or her
family, conservator, or guardian expresses a preference for one
facility, the professional person certifying the person to be treated
shall attempt, if administratively possible, to comply with the
preference.

5270.50. Notwithstanding Section 5113, if the provisions of Section
5270.35 have been met, the professional person in charge of the
facility providing intensive treatment, his or her designee, and the
professional person directly responsible for the person's treatment
shall not be held civilly or criminally liable for any action by a
person released before or at the end of 30 days pursuant to this
article.

5270.55. (a) Whenever it is contemplated that a gravely disabled
person may need to be detained beyond the end of the 14-day period of
intensive treatment and prior to proceeding with an additional
30-day certification, the professional person in charge of the
facility shall cause an evaluation to be made, based on the patient's
current condition and past history, as to whether it appears that
the person, even after up to 30 days of additional treatment, is
likely to qualify for appointment of a conservator. If the
appointment of a conservator appears likely, the conservatorship
referral shall be made during the 14-day period of intensive
treatment.
(b) If it appears that with up to 30 days additional treatment a
person is likely to reconstitute sufficiently to obviate the need for
appointment of a conservator, then the person may be certified for
the additional 30 days.
(c) Where no conservatorship referral has been made during the
14-day period and where during the 30-day certification it appears
that the person is likely to require the appointment of a
conservator, then the conservatorship referral shall be made to allow
sufficient time for conservatorship investigation and other related
procedures. If a temporary conservatorship is obtained, it shall run
concurrently with and not consecutively to the 30-day certification
period. The conservatorship hearing shall be held by the 30th day of
the certification period. The maximum involuntary detention period
for gravely disabled persons pursuant to Sections 5150, 5250 and
5270.15 shall be limited to 47 days. Nothing in this section shall
prevent a person from exercising his or her right to a hearing as
stated in Sections 5275 and 5353.

5270.65. Nothing in this article shall prohibit the professional
person in charge of an intensive treatment facility, or a designee,
from permitting a person certified for intensive treatment to leave
the facility for short periods during the person's intensive
treatment.