SECTIONS 6000-6008 - California Statutes

WELFARE AND INSTITUTIONS CODE

SECTION 6000-6008

6000. Pursuant to applicable rules and regulations established by
the State Department of Mental Health or the State Department of
Developmental Services, the medical director of a state hospital for
the mentally disordered or developmentally disabled may receive in
such hospital, as a boarder and patient, any person who is a suitable
person for care and treatment in such hospital, upon receipt of a
written application for the admission of the person into the hospital
for care and treatment made in accordance with the following
requirements:
(a) In the case of an adult person, the application shall be made
voluntarily by the person, at a time when he is in such condition of
mind as to render him competent to make it or, if he is a conservatee
with a conservator of the person or person and estate who was
appointed under Chapter 3 (commencing with Section 5350) of Part 1 of
Division 5 with the right as specified by court order under Section
5358 to place his conservatee in a state hospital, by his
conservator.
(b) In the case of a minor person, the application shall be made
by his parents, or by the parent, guardian, conservator, or other
person entitled to his custody to any of such mental hospitals as may
be designated by the Director of Mental Health or the Director of
Developmental Services to admit minors on voluntary applications. If
the minor has a conservator of the person, or the person and the
estate, appointed under Chapter 3 (commencing with Section 5350) of
Part 1 of Division 5, with the right as specified by court order
under Section 5358 to place the conservatee in a state hospital the
application for the minor shall be made by his conservator.
Any such person received in a state hospital shall be deemed a
voluntary patient.
Upon the admission of a voluntary patient to a state hospital the
medical director shall immediately forward to the office of the State
Department of Mental Health or the State Department of Developmental
Services the record of such voluntary patient, showing the name,
residence, age, sex, place of birth, occupation, civil condition,
date of admission of such patient to such hospital, and such other
information as is required by the rules and regulations of the
department.
The charges for the care and keeping of a mentally disordered
person in a state hospital shall be governed by the provisions of
Article 4 (commencing with Section 7275) of Chapter 3 of Division 7
relating to the charges for the care and keeping of mentally
disordered persons in state hospitals.
A voluntary adult patient may leave the hospital or institution at
any time by giving notice of his desire to leave to any member of
the hospital staff and completing normal hospitalization departure
procedures. A conservatee may leave in a like manner if notice is
given by his conservator.
A minor person who is a voluntary patient may leave the hospital
or institution after completing normal hospitalization departure
procedures after notice is given to the superintendent or person in
charge by the parents, or the parent, guardian, conservator, or other
person entitled to the custody of the minor, of their desire to
remove him from the hospital.
No person received into a state hospital, private mental
institution, or county psychiatric hospital as a voluntary patient
during his minority shall be detained therein after he reaches the
age of majority, but any such person, after attaining the age of
majority, may apply for admission into the hospital or institution
for care and treatment in the manner prescribed in this section for
applications by adult persons.
The State Department of Mental Health or the State Department of
Developmental Services shall establish such rules and regulations as
are necessary to carry out properly the provisions of this section.

6000.5. Pursuant to Section 6000, the medical director of a state
hospital for the developmentally disabled may receive in such
hospital, as a boarder and patient, any developmentally disabled
person as defined in Section 4512 who has been referred in accordance
with Sections 4652, 4653, and 4803.

6001. Admissions to the Langley Porter Neuropsychiatric Institute
or to the Neuropsychiatric Institute, U.C.L.A. Medical Center, may be
on a voluntary basis after approval by the medical superintendent of
the clinic or institute, as the case may be.

6002. The person in charge of any private institution, hospital,
clinic, or sanitarium which is conducted for, or includes a
department or ward conducted for, the care and treatment of persons
who are mentally disordered may receive therein as a voluntary
patient any person suffering from a mental disorder who is a suitable
person for care and treatment in the institution, hospital, clinic,
or sanitarium who voluntarily makes a written application to the
person in charge for admission into the institution, hospital,
clinic, or sanitarium, and who is at the time of making the
application mentally competent to make the application. A
conservatee, with a conservator of the person, or person and estate,
appointed under Chapter 3 (commencing with Section 5350) of Part 1 of
Division 5, with the right as specified by court order under Section
5358 to place his conservatee, may be admitted upon written
application by his conservator.
After the admission of a voluntary patient to a private
institution, hospital, clinic, or sanitarium the person in charge
shall forward to the office of the State Department of Mental Health
a record of the voluntary patient showing such information as may be
required by rule by the department.
A voluntary adult patient may leave the hospital, clinic, or
institution at any time by giving notice of his desire to leave to
any member of the hospital staff and completing normal
hospitalization departure procedures. A conservatee may leave in a
like manner if notice is given by his conservator.

6002.10. Any facility licensed under Chapter 2 (commencing with
Section 1250) of Division 2 of the Health and Safety Code, to provide
inpatient psychiatric treatment, excluding state hospitals, and
county hospitals, shall establish admission procedures for minors who
meet the following criteria:
(a) The minor is 14 years of age and over, and is under 18 years
of age.
(b) The minor is not legally emancipated.
(c) The minor is not detained under Sections 5585.50 and 5585.53.
(d) The minor is not voluntarily committed pursuant to Section
6552.
(e) The minor has not been declared a dependent of the juvenile
court pursuant to Section 300 or a ward of the court pursuant to
Section 602. The minor's admitting diagnosis or condition is either
of the following:
(1) A mental disorder only. Although resistance to treatment may
be a product of a mental disorder, the resistance shall not, in
itself, imply the presence of a mental disorder or constitute
evidence that the minor meets the admission criteria. A minor shall
not be considered mentally disordered solely for exhibiting behaviors
specified under Sections 601 and 602.
(2) A mental disorder and a substance abuse disorder.

6002.15. (a) Prior to accepting the written authorization for
treatment, the facility shall assure that a representative of the
facility has given a full explanation of the treatment philosophy of
the facility, including, where applicable, the use of seclusion and
restraint, the use of medication, and the degree of involvement of
family members in the minor's treatment to the parent, guardian or
other person entitled to the minor's custody. This explanation shall
be given orally and in writing, and shall be documented in the minor'
s treatment record upon completion.
(b) As part of the admission process, the professional person
responsible for the minor's admission shall affirm in writing that
the minor meets the admission criteria as specified above.
(c) Upon admission, a facility specified in Section 6002.10 shall
do all of the following:
(1) Inform the minor in writing of the availability of an
independent clinical review of his or her further inpatient
treatment. The notice shall be witnessed and signed by an appropriate
representative of the facility.
(2) Within one working day, notify the patients' rights advocate,
as defined in Article 2 (commencing with Section 5540) of Chapter
5.2, regarding the admission of the minor.
(3) Provide all minors with a booklet promulgated by the State
Department of Mental Health outlining the specific rights of minors
in mental health facilities. The booklet shall include the phone
number of the local advocate and the hours that he or she may be
reached.

6002.20. (a) If the minor requests an independent clinical review
of his or her continued inpatient treatment, the patients' rights
advocate shall be notified of the request, as soon as practical, but
no later than one working day. The role of the advocate shall be to
provide information and assistance to the minor relating to the minor'
s right to obtain an independent clinical review to determine the
appropriateness of placement within the facility. The advocate shall
conduct his or her activities in a manner least disruptive to patient
care in the facility. Nothing in this section shall be construed to
limit, or expand, rights and responsibilities the advocate has
pursuant to other provisions of law.
(b) An independent review may be requested up to 10 days after
admission. At any time the minor may rescind his or her request for a
review.

6002.25. The independent clinical review shall be conducted by a
licensed psychiatrist with training and experience in treating
psychiatric adolescent patients, who is a neutral party to the
review, having no direct financial relationship with the treating
clinician, nor a personal or financial relationship with the patient,
or his or her parents or guardian. Nothing in this section shall
prevent a psychiatrist affiliated with a health maintenance
organization, as defined in subdivision (b) of Section 1373.10 of the
Health and Safety Code, from providing the independent clinical
review where the admitting, treating, and reviewing psychiatrists are
affiliated with a health maintenance organization that predominantly
serves members of a prepaid health care service plan. The
independent clinical reviewer shall be assigned, on a rotating basis,
from a list prepared by the facility, and submitted to the county
mental health director prior to March 1, 1990, and annually
thereafter, or more frequently when necessary. The county mental
health director shall, on an annual basis, or at the request of the
facility, review the facility's list of independent clinical
reviewers. The county mental health director shall approve or
disapprove the list of reviewers within 30 days of submission. If
there is no response from the county mental health director, the
facility's list shall be deemed approved. If the county mental health
director disapproves one or more of the persons on the list of
reviewers, the county mental health director shall notify the
facility in writing of the reasons for the disapproval. The county
mental health director, in consultation with the facility, may
develop a list of one or more additional reviewers within 30 days.
The final list shall be mutually agreeable to the county mental
health director and the facility. Sections 6002.10 to 6002.40,
inclusive, shall not be construed to prohibit the treatment of minors
prior to the existence of an approved list of independent clinical
reviewers. The independent clinical reviewer may be an active member
of the medical staff of the facility who has no direct financial
relationship, including, but not limited to, an employment or other
contract arrangement with the facility except for compensation
received for the service of providing clinical reviews.

6002.30. (a) All reasonably available clinical information which is
relevant to establishing whether the minor meets the admission
criteria pursuant to subdivision (d) of Section 6002.35 shall be
considered by the psychiatrist conducting the review. In considering
the information presented, the psychiatrist conducting the review
shall privately interview the minor, and shall consult the treating
clinician to review alternative treatment options which may be
suitable for the minor's mental disorder.
(b) If the minor has received medication while an inpatient, the
person conducting the review shall be informed of that fact and of
the probable effects of the medication. The person presenting the
clinical information in favor of inpatient treatment shall also
inform the psychiatrist conducting the review of the proposed
treatment plan for the minor, and, if known, whether the minor has
had any previous independent clinical review at any facility, and the
results of that service.
(c) The standard of review shall be whether the minor continues to
have a mental disorder, whether further inpatient treatment is
reasonably likely to be beneficial to the minor's mental disorder, or
whether the placement in the facility represents the least
restrictive, most appropriate available setting, within the
constraints of reasonably available services, facilities, resources,
and financial support, in which to treat the minor.
(d) The review shall take place within five days of the request.
(e) At the review, the minor shall have the right to be present,
to be assisted by the advocate, and to question persons recommending
inpatient treatment. If the minor is unwilling to attend, the review
shall be held in his or her absence with the advocate representing
the minor.
(f) The location of the independent clinical review shall be
compatible with, and least disruptive of, the treatment being
provided to the minor. Independent clinical reviews shall be
conducted at the facility where the minor is treated. The review
shall be situated in a location which ensures privacy.
(g) The independent clinical review shall be held in an informal
setting so as to minimize the anxiety of both parents and minors and
promote cooperation and communication among all interested parties.
All parties shall make a reasonable effort to speak in terms the
minor can understand and shall explain any terminology with which he
or she may not be familiar.
(h) The review may be closed to anyone other than the minor, his
or her parents or legal guardian, a representative of the facility,
the minor's advocate, the psychiatrist conducting the review and the
person presenting information in favor of, or opposition to, the
inpatient treatment. The person conducting the review shall have
discretion to limit the number of participants and shall keep
participants to the minimum time necessary to relate the needed
information.
(i) No party shall have legal representation in the review
process.
(j) If any of the parties to the independent clinical review do
not comprehend the language used at the independent clinical review,
it shall be the responsibility of the psychiatrist conducting the
independent clinical review to retain an interpreter.

6002.35. (a) It shall be the responsibility of the psychiatrist
conducting the independent clinical review to keep a record of the
proceeding.
(b) After considering all the clinical information, the
psychiatrist conducting the review shall render a binding decision.
If he or she determines that further inpatient treatment is
reasonably likely to be beneficial to the minor's disorder and
placement in the facility represents the least restrictive, most
appropriate available setting in which to treat the minor, the minor'
s inpatient treatment shall be authorized.
(c) If the psychiatrist conducting the review determines that the
admission criteria have been met, this determination shall terminate
when the minor is discharged from the facility.
(d) If the psychiatrist conducting the clinical review determines
that further inpatient treatment in the facility is not reasonably
likely to be beneficial to the minor's mental disorder or does not
represent the least restrictive, most appropriate available setting
in which to treat the minor, the minor shall be released from the
facility to a custodial parent or guardian on the same day the
determination was made. Except as provided in Section 43.92 of the
Civil Code, upon the minor's release, neither the attending
psychiatrist, any licensed health professional providing treatment to
the minor in the facility, the psychiatrist who releases the minor
pursuant to this section, nor the facility in which the minor was
admitted or treated shall be civilly or criminally liable for any
conduct of the released minor, a parent, legal guardian, or other
persons entitled to custody of the minor.

6002.40. (a) For any insurance contracts entered into after January
1, 1990, where any private insurer, certified medical plan, or
private health service plan is liable to pay or reimburse a
professional provider or institutional provider for the costs of
medically necessary mental health services provided to the patient,
the costs of the clinical review required by Sections 6002.10 to
6002.40, inclusive, including, but not limited to, the costs of the
interpreter, if any, and the costs of the patients' rights advocate,
shall be borne by the insurer, certified medical plan, or the health
service plan. Payments to providers for the costs of the independent
clinical review shall be made promptly.
For Medi-Cal eligible patients placed in these private facilities,
the costs of the clinical review required by Sections 6002.10 to
6002.40, inclusive, including the costs of the patients rights
advocate, shall be borne by the county.
(b) The Legislature intends that Sections 6002.10 to 6002.40,
inclusive, affect only the rights of minors confined in private
mental health facilities on the consent of their parents or
guardians, where the costs of treatment are paid or reimbursed by a
private insurer or private health service plan.
(c) Mental health facilities shall summarize on an annual basis,
information including, but not limited to, the number of minors
admitted by diagnosis, length of stay, and source of payment, the
number of requests for an independent clinical review by diagnosis,
source of payment, and outcome of the independent clinical review and
submit this information to the State Department of Mental Health.
This annual summary shall be made available by the facility to the
State Department of Health Services which shall monitor compliance of
this section during an inspection of the facility pursuant to
Sections 1278 and 1279 of the Health and Safety Code.
(d) The State Department of Mental Health, in consultation with
appropriate organizations, shall develop nonmandatory guidelines for
treatment of mental disorders to be utilized pursuant to this act by
January 1, 1991.

6003. As used in this article, "county psychiatric hospital" means
the hospital, ward, or facility provided by the county pursuant to
the provisions of Section 7100.

6003.1. As used in this article, county psychiatric health facility
means a 24-hour acute care facility provided by the county pursuant
to the provisions in Sections 5404 and 7100.

6003.2. Wherever in this article the term "county psychiatric
hospital" appears, such term shall be interchangeable with the term
"psychiatric health facility."

6004. The superintendent or person in charge of the county
psychiatric hospital may receive, care for, or treat in the hospital
any person who voluntarily makes a written application to the
superintendent or person in charge thereof for admission into the
hospital for care, treatment, or observation, and who is a suitable
person for care, treatment, or observation, and who in the case of an
adult person is in such condition of mind, at the time of making
application for admission, as to render him competent to make such
application. In the case of a minor person, the application shall be
made by his parents, or by the parent, guardian, or other person
entitled to his custody. A conservatee, with a conservator of the
person, or person and estate, appointed under Chapter 3 (commencing
with Section 5350) of Part 1 of Division 5, with the right as
specified by court order under Section 5358 to place his conservatee,
may be admitted upon written application by his conservator.

6005. A voluntary adult patient may leave the hospital or
institution at any time by giving notice of his desire to leave to
any member of the hospital staff and completing normal
hospitalization departure procedures. A conservatee may leave in a
like manner if notice is given by his conservator.
A minor person who is a voluntary patient may leave the hospital
or institution after completing normal hospitalization departure
procedures after notice is given to the superintendent or person in
charge by the parents, or the parent, guardian, or other person
entitled to the custody of the minor, of their desire to remove him
from the hospital.

6006. A person admitted as a voluntary patient to a state hospital,
a private mental institution, or a county psychiatric hospital shall
have the following rights in addition to the right to leave such
hospital as specified in this chapter:
(a) He shall receive such care and treatment as his condition
requires for the full period that he is a patient;
(b) He shall have the full patient rights specified in Article 7
(commencing with Section 5325) of Chapter 2 of Part 1 of Division 5
of this code.

6007. Any person detained as of June 30, 1969, in a private
institution, pursuant to former Sections 6030 to 6033, inclusive, as
they read immediately preceding July 1, 1969, on the certification of
one physician, may be detained after July 1, 1969, for a period no
longer than 90 days.
Any person detained as of June 30, 1969, in a private institution,
pursuant to such sections, on the certification of two physicians,
may be detained after July 1, 1969, for a period no longer than 180
days.
Any person detained pursuant to this section after July 1, 1969,
shall be evaluated by the facility designated by the county and
approved by the State Department of Mental Health pursuant to Section
5150 as a facility for 72-hour treatment and evaluation. Such
evaluation shall be made at the request of the person in charge of
the private institution in which the person is detained or by one of
the physicians who signed the certificate. If in the opinion of the
professional person in charge of the evaluation and treatment
facility or his designee, the evaluation of the person can be made by
such professional person or his designee at the private institution
in which the person is detained, the person shall not be required to
be evaluated at the evaluation and treatment facility, but shall be
evaluated at the private institution to determine if the person is a
danger to others, himself, or gravely disabled as a result of mental
disorder.
Any person evaluated under this section shall be released from the
private institution immediately upon completion of the evaluation if
in the opinion of the professional person in charge of the
evaluation and treatment facility, or his designee, the person
evaluated is not a danger to others, or to himself, or gravely
disabled as a result of mental disorder, unless the person agrees
voluntarily to remain in the private institution.
If in the opinion of the professional person in charge of the
facility or his designee, the person evaluated requires intensive
treatment or recommendation for conservatorship, such professional
person or his designee shall proceed under Article 4 (commencing with
Section 5250) of Chapter 2, or under Chapter 3 (commencing with
Section 5350), of Part 1 of Division 5.

6008. For the purposes of this part, a person who is a conservatee
with a conservator of the person or of the person and estate
appointed under Chapter 3 (commencing with Section 5350) of Part 1 of
Division 5 with the right as specified by court order under Section
5358 to place his conservatee in a hospital of the United States
government, may be admitted to such a hospital upon written
application made by his conservator. A conservatee so admitted to
such a hospital may leave the hospital at any time after his
conservator gives notice to a member of the hospital staff that the
conservatee is leaving and normal hospitalization departure
procedures are completed by the conservator or by the conservator and
conservatee.