SECTIONS 5585.50-5587 - California Statutes

WELFARE AND INSTITUTIONS CODE

SECTION 5585.50-5587

5585.50. When any minor, as a result of mental disorder, is a
danger to others, or to himself or herself, or gravely disabled and
authorization for voluntary treatment is not available, a peace
officer, member of the attending staff, as defined by regulation, of
an evaluation facility designated by the county, designated members
of a mobile crisis team provided by Section 5651.7, or other
professional person designated by the county may, upon probable
cause, take, or cause to be taken, the minor into custody and place
him or her in a facility designated by the county and approved by the
State Department of Mental Health as a facility for seventy-two hour
treatment and evaluation of minors. The facility shall make every
effort to notify the minor's parent or legal guardian as soon as
possible after the minor is detained.
The facility shall require an application in writing stating the
circumstances under which the minor's condition was called to the
attention of the officer, member of the attending staff, or
professional person, and stating that the officer, member of the
attending staff, or professional person has probable cause to believe
that the minor is, as a result of mental disorder, a danger to
others, or to himself or herself, or gravely disabled and
authorization for voluntary treatment is not available. If the
probable cause is based on the statement of a person other than the
officer, member of the attending staff, or professional person, the
person shall be liable in a civil action for intentionally giving a
statement which he or she knows to be false.

5585.52. Any minor detained under the provisions of Section 5585.50
shall receive a clinical evaluation consisting of multidisciplinary
professional analyses of the minor's medical, psychological,
developmental, educational, social, financial, and legal conditions
as may appear to constitute a problem. This evaluation shall include
a psychosocial evaluation of the family or living environment, or
both. Persons providing evaluation services shall be properly
qualified professionals with training or supervised experience, or
both, in the diagnosis and treatment of minors. Every effort shall be
made to involve the minor's parent or legal guardian in the clinical
evaluation.

5585.53. If, in the opinion of the professional person conducting
the evaluation as specified in Section 5585.52, the minor will
require additional mental health treatment, a treatment plan shall be
written and shall identify the least restrictive placement
alternative in which the minor can receive the necessary treatment.
The family, legal guardian, or caretaker and the minor shall be
consulted and informed as to the basic recommendations for further
treatment and placement requirements. Every effort shall be made to
obtain the consent of the minor's parent or legal guardian prior to
treatment and placement of the minor. Inability to obtain the consent
of the minor's parent or legal guardian shall not preclude the
involuntary treatment of a minor who is determined to be gravely
disabled or a danger to himself or herself or others. Involuntary
treatment shall only be allowed in accordance with the provisions of
the Lanterman-Petris-Short Act (Part 1 (commencing with Section
5000)).

5585.55. The minor committed for involuntary treatment under this
part shall be placed in a health facility designated by the county
and approved by the State Department of Mental Health as a facility
for 72-hour evaluation and treatment. Except as provided for in
Section 5751.7, each county shall assure that minors under the age of
16 years are not held with adults receiving psychiatric treatment
under the provisions of the Lanterman-Petris-Short Act (Part 1
(commencing with Section 5000)).

5585.57. A mentally ill minor, upon being considered for release
from involuntary treatment, shall have an aftercare plan developed.
The plan shall include educational or training needs, provided these
are necessary for the minor's well-being.

5585.58. This part shall be funded under the Bronzan-McCorquodale
Act pursuant to Part 2 (commencing with Section 5600), as part of the
county performance contract.

5585.59. For the purposes of this part, legally emancipated minors
requiring involuntary treatment shall be considered adults and this
part shall not apply.

5587. The Metropolitan State Hospital Youth Program's admission
policy shall require the referring agency to document all placement
attempts prior to admission. The youth program's discharge planning
policy shall require the referring agency to document all attempts to
place the child during the discharge planning process.