SECTIONS 5520-5523 - California Statutes

WELFARE AND INSTITUTIONS CODE

SECTION 5520-5523

5520. Each local mental health director shall appoint, or contract
for the services of, one or more county patients' rights advocates.
The duties of these advocates shall include, but not be limited to,
the following:
(a) To receive and investigate complaints from or concerning
recipients of mental health services residing in licensed health or
community care facilities regarding abuse, unreasonable denial or
punitive withholding of rights guaranteed under the provisions of
Division 5 (commencing with Section 5000).
(b) To monitor mental health facilities, services and programs for
compliance with statutory and regulatory patients' rights
provisions.
(c) To provide training and education about mental health law and
patients' rights to mental health providers.
(d) To ensure that recipients of mental health services in all
licensed health and community care facilities are notified of their
rights.
(e) To exchange information and cooperate with the Patients'
Rights Office.
This section does not constitute a change in, but is declarative
of the existing law.

5521. It is the intent of the Legislature that legal representation
regarding changes in client legal status or conditions and other
areas covered by statute providing for local public defender or
court-appointed attorney representation, shall remain the
responsibility of local agencies, in particular the county public
defender. County patients' rights advocates shall not duplicate,
replace, or conflict with these existing or mandated local legal
representations. This section shall not be construed to prevent
maximum cooperation between legal representatives and providers of
advocacy services.

5522. County patients' rights advocates may conduct investigations
if there is probable cause to believe that the rights of a past or
present recipient of mental health services have been, may have been,
or may be violated.

5523. (a) Notwithstanding any other provision of law, and without
regard to the existence of a guardianship or conservatorship, a
recipient of mental health services is presumed competent for the
purpose of entering into an agreement with county patients' rights
advocates for the provision of advocacy services unless found by the
superior court to be incompetent to enter into an agreement with an
advocate and a guardian ad litem is appointed for such purposes.
(b) In conducting investigations in cases in which an advocate has
not received a request for advocacy services from a recipient of
mental health services or from another person on behalf of a
recipient of mental health services, the advocate shall notify the
treating professional responsible for the care of any recipient of
services whom the advocate wishes to interview, and the facility,
service, or program administrator, of his or her intention to conduct
such an interview. Whenever the treating professional is reasonably
available for consultation, the advocate shall consult with the
professional concerning the appropriate time to conduct the
interview.
(c) Any agreement with any county patients' rights advocate
entered into by a mental health client shall be made knowingly and
voluntarily or by a guardian ad litem. It shall be in a language or
modality which the client understands. Any such agreement may, at any
time, be revoked by the client or by the guardian ad litem, whoever
has entered into the agreement, either in writing or by oral
declaration to the advocate.
(d) Nothing in this chapter shall be construed to prohibit a
recipient of mental health services from being represented by public
or private legal counsel of his or her choice.
(e) The remedies provided by this chapter shall be in addition to
any other remedies which may be available to any person, and the
failure to pursue or exhaust the remedies or engage in the procedures
provided by this chapter shall not preclude the invocation of any
other remedy.
(f) Investigations concerning violations of a past recipients'
rights shall be limited to cases involving discrimination, cases
indicating the need for education or training, or cases having a
direct bearing on violations of the right of a current recipient.
This subdivision is not intended to constrain the routine monitoring
for compliance with patients' rights provisions described in
subdivision (b) of Section 5520.