CALIFORNIA STATUTES AND CODES
SECTIONS 7100-7107
WELFARE AND INSTITUTIONS CODE
SECTION 7100-7107
7100. The board of supervisors of each county may maintain in the
county hospital or in any other hospital situated within or without
the county or in any other psychiatric health facility situated
within or without the county, suitable facilities and nonhospital or
hospital service for the detention, supervision, care, and treatment
of persons who are mentally disordered, developmentally disabled, or
who are alleged to be such.
The county may contract with public or private hospitals for such
facilities and hospital service when they are not suitably available
in any institution, psychiatric facility, or establishment maintained
or operated by the county.
The facilities and services for the mentally disordered and
allegedly mentally disordered shall be subject to the approval of the
State Department of Mental Health, and the facilities and services
for the developmentally disabled and allegedly developmentally
disabled shall be subject to the approval of the State Department of
Developmental Services. The professional person having charge and
control of any such hospital or psychiatric health facility shall
allow the department whose approval is required to make such
investigations thereof as it deems necessary at any time.
Nothing in this chapter means that mentally disordered or
developmentally disabled persons may not be detained, supervised,
cared for, or treated, subject to the right of inquiry or
investigation by the department, in their own homes, or the homes of
their relatives or friends, or in a licensed establishment.
7101. As used in this chapter "county psychiatric hospital" means
the hospital, ward, or facility provided by the county pursuant to
the provisions of Section 7100.
7102. The superintendent or person in charge of the county
psychiatric hospital, may receive, detain, supervise, care for or
treat in the hospital any person who comes within any of the
following descriptions:
(a) Who has been placed therein pursuant to a court order or court
commitment under the provisions of this code or the Penal Code.
(b) Who has been placed therein pursuant to the provisions of Part
1 of Division 5 of this code.
7103. The superintendent or person in charge of the county
psychiatric hospital may admit and provide care and treatment in the
hospital for any person who comes within the following descriptions:
(a) Who voluntarily makes a written application as provided in
Chapter 1 (commencing with Section 6000) of Part 1 of Division 6 of
this code.
(b) Who is a conservatee and has written application made in his
behalf by his conservator.
7104. Any adult person detained in such hospital, who is in such
condition of mind as to render him competent to make such application
shall at his request be exempt from medical or psychiatric
treatment, upon filing with the superintendent a statement that he
depends upon prayer or spiritual means for healing in the practice of
the religion of a well-recognized religious church, sect,
denomination, or organization. In case of an adult not found to be in
such condition of mind, a similar statement may be filed on his
behalf by another and thereupon similar exemption shall be granted.
Any minor detained in such hospital shall be exempt from medical or
psychiatric treatment if his parent or guardian or conservator shall
file with said superintendent an affidavit stating that he relies
upon prayer or spiritual means for healing in the practice of the
religion of a well-recognized religious church, sect, denomination or
organization.
7105. A superintendent or person in charge of the county
psychiatric hospital may discharge any patient who is not a proper
case for treatment therein.
7106. In case a county psychiatric hospital patient or the person
legally liable for his maintenance is or becomes the owner of
property, real, personal, or mixed, the county furnishing such care,
treatment, or observation, shall be reimbursed therefrom for its
charges. The board of supervisors of the county shall fix and
determine a schedule of charges for the care, treatment, or
observation of such patients, and reimbursement to the county shall
be made upon the basis of the charges so fixed.
7107. Any superintendent or person in charge of the county
psychiatric hospital, and any public officer, public employee, or
public physician who either admits, causes to be admitted, delivers,
or assists in delivering, detains, cares for, or treats, or assists
in detaining, caring for or treating, any person pursuant to this
chapter shall not be rendered criminally liable thereby.