SECTIONS 5845-5848 - California Statutes

WELFARE AND INSTITUTIONS CODE

SECTION 5845-5848

5845. (a) The Mental Health Services Oversight and Accountability
Commission is hereby established to oversee Part 3 (commencing with
Section 5800), the Adult and Older Adult Mental Health System of Care
Act; Part 3.1 (commencing with Section 5820), Human Resources,
Education, and Training Programs; Part 3.2 (commencing with Section
5830), Innovative Programs; Part 3.6 (commencing with Section 5840),
Prevention and Early Intervention Programs; and Part 4 (commencing
with Section 5850), the Children's Mental Health Services Act. The
commission shall replace the advisory committee established pursuant
to Section 5814. The commission shall consist of 16 voting members as
follows:
(1) The Attorney General or his or her designee.
(2) The Superintendent of Public Instruction or his or her
designee.
(3) The Chairperson of the Senate Health and Human Services
Committee or another member of the Senate selected by the President
pro Tempore of the Senate.
(4) The Chairperson of the Assembly Health Committee or another
member of the Assembly selected by the Speaker of the Assembly.
(5) Two persons with a severe mental illness, a family member of
an adult or senior with a severe mental illness, a family member of a
child who has or has had a severe mental illness, a physician
specializing in alcohol and drug treatment, a mental health
professional, a county sheriff, a superintendent of a school
district, a representative of a labor organization, a representative
of an employer with less than 500 employees and a representative of
an employer with more than 500 employees, and a representative of a
health care services plan or insurer, all appointed by the Governor.
In making appointments, the Governor shall seek individuals who have
had personal or family experience with mental illness.
(b) Members shall serve without compensation, but shall be
reimbursed for all actual and necessary expenses incurred in the
performance of their duties.
(c) The term of each member shall be three years, to be staggered
so that approximately one-third of the appointments expire in each
year.
(d) In carrying out its duties and responsibilities, the
commission may do all of the following:
(1) Meet at least once each quarter at any time and location
convenient to the public as it may deem appropriate. All meetings of
the commission shall be open to the public.
(2) Within the limit of funds allocated for these purposes,
pursuant to the laws and regulations governing state civil service,
employ staff, including any clerical, legal, and technical assistance
as may appear necessary. The commission shall administer its
operations separate and apart from the State Department of Mental
Health.
(3) Establish technical advisory committees such as a committee of
consumers and family members.
(4) Employ all other appropriate strategies necessary or
convenient to enable it to fully and adequately perform its duties
and exercise the powers expressly granted, notwithstanding any
authority expressly granted to any officer or employee of state
government.
(5) Enter into contracts.
(6) Obtain data and information from the State Department of
Mental Health, or other state or local entities that receive Mental
Health Services Act funds, for the commission to utilize in its
oversight, review, and evaluation capacity regarding projects and
programs supported with Mental Health Services Act funds.
(7) Participate in the joint state-county decisionmaking process,
as contained in Section 4061, for training, technical assistance, and
regulatory resources to meet the mission and goals of the state's
mental health system.
(8) Develop strategies to overcome stigma and accomplish all other
objectives of Part 3.2 (commencing with Section 5830), 3.6
(commencing with Section 5840), and the other provisions of the act
establishing this commission.
(9) At any time, advise the Governor or the Legislature regarding
actions the state may take to improve care and services for people
with mental illness.
(10) If the commission identifies a critical issue related to the
performance of a county mental health program, it may refer the issue
to the State Department of Mental Health pursuant to Section 5655.

5846. (a) The commission shall annually review and approve each
county mental health program for expenditures pursuant to Part 3.2
(commencing with Section 5830), for innovative programs and Part 3.6
(commencing with Section 5840), for prevention and early
intervention.
(b) The commission shall place a county expenditure plan for
consideration on a meeting agenda no later than 60 days after
receipt.
(c) The commission shall issue guidelines for expenditures
pursuant to Part 3.2 (commencing with Section 5830), for innovative
programs, and Part 3.6 (commencing with Section 5840), for prevention
and early intervention, no later than 180 days before the fiscal
year for which the funds will apply.
(d) The department may provide technical assistance to any county
mental health plan as needed to address concerns or recommendations
of the commission or when local programs could benefit from technical
assistance for improvement of their plans submitted pursuant to
Section 5847.
(e) The commission shall ensure that the perspective and
participation of members and others suffering from severe mental
illness and their family members is a significant factor in all of
its decisions and recommendations.

5847. Integrated Plans for Prevention, Innovation, and System of
Care Services.
(a) It is the intent of the Legislature to streamline the approval
processes of the State Department of Mental Health and the Mental
Health Services Oversight and Accountability Commission of programs
developed pursuant to Sections 5891 and 5892.
(b) Each county mental health program shall prepare and submit a
three-year plan which shall be updated at least annually and approved
by the department after review and comment by the Mental Health
Services Oversight and Accountability Commission. The plan and update
shall include all of the following:
(1) A program for prevention and early intervention in accordance
with Part 3.6 (commencing with Section 5840).
(2) A program for services to children in accordance with Part 4
(commencing with Section 5850), to include a program pursuant to
Chapter 4 (commencing with Section 18250) of Part 6 of Division 9 or
provide substantial evidence that it is not feasible to establish a
wraparound program in that county.
(3) A program for services to adults and seniors in accordance
with Part 3 (commencing with Section 5800).
(4) A program for innovations in accordance with Part 3.2
(commencing with Section 5830).
(5) A program for technological needs and capital facilities
needed to provide services pursuant to Part 3 (commencing with
Section 5800), Part 3.6 (commencing with Section 5840), and Part 4
(commencing with Section 5850). All plans for proposed facilities
with restrictive settings shall demonstrate that the needs of the
people to be served cannot be met in a less restrictive or more
integrated setting.
(6) Identification of shortages in personnel to provide services
pursuant to the above programs and the additional assistance needed
from the education and training programs established pursuant to Part
3.1 (commencing with Section 5820).
(7) Establishment and maintenance of a prudent reserve to ensure
the county program will continue to be able to serve children,
adults, and seniors that it is currently serving pursuant to Part 3
(commencing with Section 5800), the Adult and Older Adult Mental
Health System of Care Act, Part 3.6 (commencing with Section 5840),
Prevention and Early Intervention Programs, and Part 4 (commencing
with Section 5850), the Children's Mental Health Services Act, during
years in which revenues for the Mental Health Services Fund are
below recent averages adjusted by changes in the state population and
the California Consumer Price Index.
(c) The State Department of Mental Health shall not issue
guidelines for the Integrated Plans for Prevention, Innovation, and
System of Care Services before January 1, 2012.
(d) The department's review and approval of the programs specified
in paragraphs (1) and (4) of subdivision (b) shall be limited to
ensuring the consistency of these programs with the other portions of
the plan and providing review and comment to the Mental Health
Services Oversight and Accountability Commission. As part of its
review, the department shall inform the Department of Veterans
Affairs of county plans that have outreach programs specifically for
veterans or that provide services specifically for veterans.
(e) The programs established pursuant to paragraphs (2) and (3) of
subdivision (b) shall include services to address the needs of
transition age youth ages 16 to 25.
(f) Each year the State Department of Mental Health, in
consultation with the California Mental Health Directors Association,
the Mental Health Services Oversight and Accountability Commission,
and the Mental Health Planning Council, shall inform counties of the
amounts of funds available for services to children pursuant to Part
4 (commencing with Section 5850), and to adults and seniors pursuant
to Part 3 (commencing with Section 5800). Each county mental health
program shall prepare expenditure plans pursuant to Part 3
(commencing with Section 5800), and Part 4 (commencing with Section
5850), and updates to the plans developed pursuant to this section.
Each expenditure update shall indicate the number of children,
adults, and seniors to be served pursuant to Part 3 (commencing with
Section 5800), and Part 4 (commencing with Section 5850), and the
cost per person. The expenditure update shall include utilization of
unspent funds allocated in the previous year and the proposed
expenditure for the same purpose.
(g) (1) The department shall evaluate each proposed expenditure
plan and determine the extent to which each county has the capacity
to serve the proposed number of children, adults, and seniors
pursuant to Part 3 (commencing with Section 5800), and Part 4
(commencing with Section 5850); the extent to which there is an unmet
need to serve that number of children, adults, and seniors; and
determine the amount of available funds; and provide each county with
an allocation from the funds available. The department shall give
greater weight for a county or a population which has been
significantly underserved for several years. The department shall
approve, deny, or request information on a county expenditure plan or
update no later than 60 days upon receipt.
(2) The department shall only evaluate those programs in a county
expenditure plan or update that have not previously been approved or
that have previously identified problems which have been conveyed to
the county. The department shall distribute the funds for renewal of
the previously approved programs contained in the county expenditure
plan or update prior to approval of the county expenditure plan or
update.
(h) A county mental health program shall include an allocation of
funds from a reserve established pursuant to paragraph (6) of
subdivision (b) for services pursuant to paragraphs (2) and (3) of
subdivision (b) in years in which the allocation of funds for
services pursuant to subdivision (e) are not adequate to continue to
serve the same number of individuals as the county had been serving
in the previous fiscal year.

5848. (a) Each plan and update shall be developed with local
stakeholders, including adults and seniors with severe mental
illness, families of children, adults, and seniors with severe mental
illness, providers of services, law enforcement agencies, education,
social services agencies, veterans, representatives from veterans
organizations, and other important interests. A draft plan and update
shall be prepared and circulated for review and comment for at least
30 days to representatives of stakeholder interests and any
interested party who has requested a copy of the draft plans.
(b) The mental health board established pursuant to Section 5604
shall conduct a public hearing on the draft plan and annual updates
at the close of the 30-day comment period required by subdivision
(a). Each adopted plan and update shall include any substantive
written recommendations for revisions. The adopted plan or update
shall summarize and analyze the recommended revisions. The mental
health board shall review the adopted plan or update and make
recommendations to the county mental health department for revisions.
(c) The department shall establish requirements for the content of
the plans. The plans shall include reports on the achievement of
performance outcomes for services pursuant to Part 3 (commencing with
Section 5800), Part 3.6 (commencing with Section 5840), and Part 4
(commencing with Section 5850) funded by the Mental Health Services
Fund and established by the department.
(d) Mental health services provided pursuant to Part 3 (commencing
with Section 5800), and Part 4 (commencing with Section 5850), shall
be included in the review of program performance by the California
Mental Health Planning Council required by paragraph (2) of
subdivision (c) of Section 5772 and in the local mental health board'
s review and comment on the performance outcome data required by
paragraph (7) of subdivision (a) of Section 5604.2.