5000. This part shall be known and may be cited as the
Lanterman-Petris-Short Act.
5001. The provisions of this part shall be construed to promote the
legislative intent as follows:
(a) To end the inappropriate, indefinite, and involuntary
commitment of mentally disordered persons, developmentally disabled
persons, and persons impaired by chronic alcoholism, and to eliminate
legal disabilities;
(b) To provide prompt evaluation and treatment of persons with
serious mental disorders or impaired by chronic alcoholism;
(c) To guarantee and protect public safety;
(d) To safeguard individual rights through judicial review;
(e) To provide individualized treatment, supervision, and
placement services by a conservatorship program for gravely disabled
persons;
(f) To encourage the full use of all existing agencies,
professional personnel and public funds to accomplish these
objectives and to prevent duplication of services and unnecessary
expenditures;
(g) To protect mentally disordered persons and developmentally
disabled persons from criminal acts.
5002. Mentally disordered persons and persons impaired by chronic
alcoholism may no longer be judicially committed.
Mentally disordered persons shall receive services pursuant to
this part. Persons impaired by chronic alcoholism may receive
services pursuant to this part if they elect to do so pursuant to
Article 3 (commencing with Section 5225) of Chapter 2 of this part.
Epileptics may no longer be judicially committed.
This part shall not be construed to repeal or modify laws relating
to the commitment of mentally disordered sex offenders, mentally
retarded persons, and mentally disordered criminal offenders, except
as specifically provided in Penal Code Section 4011.6, or as
specifically provided in other statutes.
5003. Nothing in this part shall be construed in any way as
limiting the right of any person to make voluntary application at any
time to any public or private agency or practitioner for mental
health services, either by direct application in person, or by
referral from any other public or private agency or practitioner.
5004. Mentally disordered persons and developmentally disabled
persons shall receive protection from criminal acts equal to that
provided any other resident in this state.
5004.5. Notwithstanding any other provision of law, a legal
guardian, conservator, or any other person who reasonably believes a
mentally disordered or developmentally disabled person is the victim
of a crime may file a report with an appropriate law enforcement
agency. The report shall specify the nature of the alleged offense
and any pertinent evidence. Notwithstanding any other provision of
law, the information in such report shall not be deemed confidential
in any manner. No person shall incur any civil or criminal liability
as a result of making any report authorized by this section unless it
can be shown that a false report was made and the person knew or
should have known that the report was false.
Where the district attorney of the county in which the alleged
offense occurred finds, based upon the evidence contained in the
report and any other evidence obtained through regular investigatory
procedures, that a reasonable probability exists that a crime or
public offense has been committed and that the mentally disordered or
developmentally disabled person is the victim, the district attorney
may file a complaint verified on information and belief.
The filing of a report by a legal guardian, conservator, or any
other person pursuant to this section shall not constitute evidence
that a crime or public offense has been committed and shall not be
considered in any manner by the trier of fact.
5005. Unless specifically stated, a person complained against in
any petition or proceeding initiated by virtue of the provisions of
this part shall not forfeit any legal right or suffer legal
disability by reason of the provisions of this part.
5006. The provisions of this part shall not be construed to deny
treatment by spiritual means through prayer in accordance with the
tenets and practices of a recognized church or denomination for any
person detained for evaluation or treatment who desires such
treatment, or to a minor if his parent, guardian, or conservator
desires such treatment.
5007. Unless otherwise indicated, the provisions of this part shall
not be construed to apply retroactively to terminate court
commitments of mentally ill persons or inebriates under preexisting
law.
5008. Unless the context otherwise requires, the following
definitions shall govern the construction of this part:
(a) "Evaluation" consists of multidisciplinary professional
analyses of a person's medical, psychological, educational, social,
financial, and legal conditions as may appear to constitute a
problem. Persons providing evaluation services shall be properly
qualified professionals and may be full-time employees of an agency
providing evaluation services or may be part-time employees or may be
employed on a contractual basis.
(b) "Court-ordered evaluation" means an evaluation ordered by a
superior court pursuant to Article 2 (commencing with Section 5200)
or by a court pursuant to Article 3 (commencing with Section 5225) of
Chapter 2.
(c) "Intensive treatment" consists of such hospital and other
services as may be indicated. Intensive treatment shall be provided
by properly qualified professionals and carried out in facilities
qualifying for reimbursement under the California Medical Assistance
Program (Medi-Cal) set forth in Chapter 7 (commencing with Section
14000) of Part 3 of Division 9, or under Title XVIII of the federal
Social Security Act and regulations thereunder. Intensive treatment
may be provided in hospitals of the United States government by
properly qualified professionals. Nothing in this part shall be
construed to prohibit an intensive treatment facility from also
providing 72-hour treatment and evaluation.
(d) "Referral" is referral of persons by each agency or facility
providing intensive treatment or evaluation services to other
agencies or individuals. The purpose of referral shall be to provide
for continuity of care, and may include, but need not be limited to,
informing the person of available services, making appointments on
the person's behalf, discussing the person's problem with the agency
or individual to which the person has been referred, appraising the
outcome of referrals, and arranging for personal escort and
transportation when necessary. Referral shall be considered complete
when the agency or individual to whom the person has been referred
accepts responsibility for providing the necessary services. All
persons shall be advised of available precare services which prevent
initial recourse to hospital treatment or aftercare services which
support adjustment to community living following hospital treatment.
These services may be provided through county welfare departments,
State Department of Mental Health, Short-Doyle programs or other
local agencies.
Each agency or facility providing evaluation services shall
maintain a current and comprehensive file of all community services,
both public and private. These files shall contain current agreements
with agencies or individuals accepting referrals, as well as
appraisals of the results of past referrals.
(e) "Crisis intervention" consists of an interview or series of
interviews within a brief period of time, conducted by qualified
professionals, and designed to alleviate personal or family
situations which present a serious and imminent threat to the health
or stability of the person or the family. The interview or interviews
may be conducted in the home of the person or family, or on an
inpatient or outpatient basis with such therapy, or other services,
as may be appropriate. Crisis intervention may, as appropriate,
include suicide prevention, psychiatric, welfare, psychological,
legal, or other social services.
(f) "Prepetition screening" is a screening of all petitions for
court-ordered evaluation as provided in Article 2 (commencing with
Section 5200) of Chapter 2, consisting of a professional review of
all petitions; an interview with the petitioner and, whenever
possible, the person alleged, as a result of mental disorder, to be a
danger to others, or to himself or herself, or to be gravely
disabled, to assess the problem and explain the petition; when
indicated, efforts to persuade the person to receive, on a voluntary
basis, comprehensive evaluation, crisis intervention, referral, and
other services specified in this part.
(g) "Conservatorship investigation" means investigation by an
agency appointed or designated by the governing body of cases in
which conservatorship is recommended pursuant to Chapter 3
(commencing with Section 5350).
(h) (1) For purposes of Article 1 (commencing with Section 5150),
Article 2 (commencing with Section 5200), and Article 4 (commencing
with Section 5250) of Chapter 2, and for the purposes of Chapter 3
(commencing with Section 5350), "gravely disabled" means either of
the following:
(A) A condition in which a person, as a result of a mental
disorder, is unable to provide for his or her basic personal needs
for food, clothing, or shelter.
(B) A condition in which a person, has been found mentally
incompetent under Section 1370 of the Penal Code and all of the
following facts exist:
(i) The indictment or information pending against the defendant at
the time of commitment charges a felony involving death, great
bodily harm, or a serious threat to the physical well-being of
another person.
(ii) The indictment or information has not been dismissed.
(iii) As a result of mental disorder, the person is unable to
understand the nature and purpose of the proceedings taken against
him or her and to assist counsel in the conduct of his or her defense
in a rational manner.
(2) For purposes of Article 3 (commencing with Section 5225) and
Article 4 (commencing with Section 5250), of Chapter 2, and for the
purposes of Chapter 3 (commencing with Section 5350), "gravely
disabled" means a condition in which a person, as a result of
impairment by chronic alcoholism, is unable to provide for his or her
basic personal needs for food, clothing, or shelter.
(3) The term "gravely disabled" does not include mentally retarded
persons by reason of being mentally retarded alone.
(i) "Peace officer" means a duly sworn peace officer as that term
is defined in Chapter 4.5 (commencing with Section 830) of Title 3 of
Part 2 of the Penal Code who has completed the basic training course
established by the Commission on Peace Officer Standards and
Training, or any parole officer or probation officer specified in
Section 830.5 of the Penal Code when acting in relation to cases for
which he or she has a legally mandated responsibility.
(j) "Postcertification treatment" means an additional period of
treatment pursuant to Article 6 (commencing with Section 5300) of
Chapter 2.
(k) "Court," unless otherwise specified, means a court of record.
(l) "Antipsychotic medication" means any medication customarily
prescribed for the treatment of symptoms of psychoses and other
severe mental and emotional disorders.
(m) "Emergency" means a situation in which action to impose
treatment over the person's objection is immediately necessary for
the preservation of life or the prevention of serious bodily harm to
the patient or others, and it is impracticable to first gain consent.
It is not necessary for harm to take place or become unavoidable
prior to treatment.
5008.1. As used in this division and in Division 4 (commencing with
Section 4000), Division 4.1 (commencing with Section 4400), Division
6 (commencing with Section 6000), Division 7 (commencing with
Section 7100), and Division 8 (commencing with Section 8000), the
term "judicially committed" means all of the following:
(a) Persons who are mentally disordered sex offenders placed in a
state hospital or institutional unit for observation or committed to
the State Department of Mental Health pursuant to Article 1
(commencing with Section 6300) of Chapter 2 of Part 2 of Division 6.
(b) Developmentally disabled persons who are admitted to a state
hospital upon application or who are committed to the State
Department of Developmental Services by court order pursuant to
Article 2 (commencing with Section 6500) of Chapter 2 of Part 2 of
Division 6.
(c) Persons committed to the State Department of Mental Health or
a state hospital pursuant to the Penal Code.
5008.2. (a) When applying the definition of mental disorder for the
purposes of Articles 2 (commencing with Section 5200), 4 (commencing
with Section 5250), and 5 (commencing with Section 5275) of Chapter
2 and Chapter 3 (commencing with Section 5350), the historical course
of the person's mental disorder, as determined by available relevant
information about the course of the person's mental disorder, shall
be considered when it has a direct bearing on the determination of
whether the person is a danger to others, or to himself or herself,
or is gravely disabled, as a result of a mental disorder. The
historical course shall include, but is not limited to, evidence
presented by persons who have provided, or are providing, mental
health or related support services to the patient, the patient's
medical records as presented to the court, including psychiatric
records, or evidence voluntarily presented by family members, the
patient, or any other person designated by the patient. Facilities
shall make every reasonable effort to make information provided by
the patient's family available to the court. The hearing officer,
court, or jury shall exclude from consideration evidence it
determines to be irrelevant because of remoteness of time or
dissimilarity of circumstances.
(b) This section shall not be applied to limit the application of
Section 5328 or to limit existing rights of a patient to respond to
evidence presented to the court.
5009. Persons receiving evaluation or treatment under this part
shall be given a choice of physician or other professional person
providing such services, in accordance with the policies of each
agency providing services, and within the limits of available staff
in the agency.
5010. The agency established in this state to fulfill the
requirements and assurances of Section 142 of the federal
Developmental Disabilities Act of 1984 for a system to protect and
advocate the rights of persons with developmental disabilities, as
that term is defined by Section 102(7) of the federal act, shall have
access to the records of a person with developmental disabilities
who resides in a facility for persons with developmental disabilities
when both of the following conditions apply:
(1) The agency has received a complaint from or on behalf of the
person and the person consents to the disclosure of the records to
the extent of his or her capabilities.
(2) The person does not have a parent, guardian or conservator, or
the state or the designee of the state is the person's guardian or
conservator.
5012. The fact that a person has been taken into custody under this
part may not be used in the determination of that person's
eligibility for payment or reimbursement for mental health or other
health care services for which he or she has applied or received
under the Medi-Cal program, any health care service plan licensed
under the Knox-Keene Health Care Service Plan Act of 1975 (Chapter
2.2 (commencing with Section 1340) of Division 2 of the Health and
Safety Code), or any insurer providing health coverage doing business
in the state.
5020.1. A mentally ill minor, between the ages of 3 and 18, upon
being considered for release from a state hospital shall have an
aftercare plan developed. Such plan shall include educational or
training needs, provided these are necessary for the patient's
well-being.
5110. Whenever a proceeding is held in a superior court under
Article 5 (commencing with Section 5275) or Article 6 (commencing
with Section 5300) of this chapter or Chapter 3 (commencing with
Section 5350) of this part involving a person who has been placed in
a facility located outside the county of residence of the person, the
provisions of this section shall apply. The appropriate financial
officer or other designated official of the county in which the
proceeding is held shall make out a statement of all of the costs
incurred by the county for the investigation, preparation, and
conduct of the proceedings, and the costs of appeal, if any. The
statement shall be certified by a judge of the superior court of the
county. The statement shall then be sent to the county of residence
of the person, which shall reimburse the county providing the
services. If it is not possible to determine the actual county of
residence of the person, the statement shall be sent to the county in
which the person was originally detained, which shall reimburse the
county providing the services.
5111. Any county without a public defender is authorized to
compensate the attorneys appointed for persons entitled to be
represented by counsel in proceedings under this part.
5113. Except as provided in Sections 5154, 5173, 5259.3, 5267, and
5306, the facility providing treatment pursuant to Article 1
(commencing with Section 5150), Article 1.5 (commencing with Section
5170), Article 4 (commencing with Section 5250), Article 4.5
(commencing with Section 5260) or Article 6 (commencing with Section
5300), the superintendent of the facility, the professional person in
charge of the facility and his or her designee, or the peace officer
responsible for the detainment of the person shall not be civilly or
criminally liable for any action by a person released at or before
the end of the period for which he or she was admitted pursuant to
the provisions of the appropriate article.
5114. At any judicial proceeding under the provisions of this
division, allegations that the person is a danger to others, or to
himself, or gravely disabled as a result of mental disorder or
impairment by chronic alcoholism, shall be presented by the district
attorney for the county, unless the board of supervisors, by
ordinance or resolution, delegates such duty to the county counsel.
5115. The Legislature hereby finds and declares:
(a) It is the policy of this state, as declared and established in
this section and in the Lanterman Developmental Disabilities
Services Act, Division 4.5 (commencing with Section 4500), that
mentally and physically handicapped persons are entitled to live in
normal residential surroundings and should not be excluded therefrom
because of their disability.
(b) In order to achieve uniform statewide implementation of the
policies of this section and those of the Lanterman Developmental
Disabilities Services Act, it is necessary to establish the statewide
policy that the use of property for the care of six or fewer
mentally disordered or otherwise handicapped persons is a residential
use of such property for the purposes of zoning.
5116. Pursuant to the policy stated in Section 5115, a
state-authorized, certified, or licensed family care home, foster
home, or group home serving six or fewer mentally disordered or
otherwise handicapped persons or dependent and neglected children,
shall be considered a residential use of property for the purposes of
zoning if such homes provide care on a 24-hour-a-day basis.
Such homes shall be a permitted use in all residential zones,
including, but not limited to, residential zones for single-family
dwellings.
5117. In order to further facilitate achieving the purposes of this
act and the Lanterman Mental Retardation Act of 1969, it is
desirable that there be a consolidation of the facilities standard
setting, licensure and ratesetting functions of the various state
departments under the jurisdiction of the Health and Welfare Agency.
5118. For the purpose of conducting hearings under this part, the
court in and for the county where the petition is filed may be
convened at any time and place within or outside the county suitable
to the mental and physical health of the patient, and receive
evidence both oral and written, and render decisions, except that the
time and place for hearing shall not be different from the time and
place for the trial of civil actions for such court if any party to
the proceeding, prior to the hearing, objects to the different time
or place.
Hearings conducted at any state hospital or any mental health
facility designated by any county as a treatment facility under this
part or any facility referred to in Section 5358 or Division 7
(commencing with Section 7100), within or outside the county, shall
be deemed to be hearings held in a place for the trial of civil
actions and in a regular courtroom of the court.
Notwithstanding any other provisions of this section, any party to
the proceeding may demand that the hearing be public, and be held in
a place suitable for attendance by the public.
Notwithstanding any other provisions of law, any hearing under
this part which was held before enactment of this section but which
would have been in accordance with this section had it been effective
is deemed to be valid for all purposes.
As used in this section, a "hearing under this part" includes
conservatorship and other hearings held pursuant to Chapter 3
(commencing with Section 5350) of this part.
5119. On and after July 1, 1972, when a person who is an employee
of the State Department of Mental Health at the time of employment by
a county in a county mental health program or on and after July 1,
1972, when a person has been an employee of the State Department of
Mental Health within the 12-month period prior to his employment by a
county in a county mental health program, the board of supervisors
may, to the extent feasible, allow such person to retain as a county
employee, those employee benefits to which he was entitled or had
accumulated as an employee of the State Department of Mental Health
or provide such employee with comparable benefits provided for other
county employees whose service as county employees is equal to the
state service of the former employee of the State Department of
Mental Health. Such benefits include, but are not limited to,
retirement benefits, seniority rights under civil service,
accumulated vacation and sick leave.
The county may on and after July 1, 1972, establish retraining
programs for the State Department of Mental Health employees
transferring to county mental health programs provided such programs
are financed entirely with state and federal funds made available for
that purpose.
For the purpose of this section "employee of the Department of
Mental Health" means an employee of such department who performs
functions which, prior to July 1, 1973, were vested in the Department
of Mental Hygiene.
5120. It is the policy of this state as declared and established in
this act and in the Lanterman-Petris-Short Act that the care and
treatment of mental patients be provided in the local community. In
order to achieve uniform statewide implementation of the policies of
this act, it is necessary to establish the statewide policy that,
notwithstanding any other provision of law, no city or county shall
discriminate in the enactment, enforcement, or administration of any
zoning laws, ordinances, or rules and regulations between the use of
property for the treatment of general hospital or nursing home
patients and the use of property for the psychiatric care and
treatment of patients, both inpatient and outpatient.
Health facilities for inpatient and outpatient psychiatric care
and treatment shall be permitted in any area zoned for hospitals or
nursing homes, or in which hospitals and nursing homes are permitted
by conditional use permit.
5000. This part shall be known and may be cited as the
Lanterman-Petris-Short Act.
5001. The provisions of this part shall be construed to promote the
legislative intent as follows:
(a) To end the inappropriate, indefinite, and involuntary
commitment of mentally disordered persons, developmentally disabled
persons, and persons impaired by chronic alcoholism, and to eliminate
legal disabilities;
(b) To provide prompt evaluation and treatment of persons with
serious mental disorders or impaired by chronic alcoholism;
(c) To guarantee and protect public safety;
(d) To safeguard individual rights through judicial review;
(e) To provide individualized treatment, supervision, and
placement services by a conservatorship program for gravely disabled
persons;
(f) To encourage the full use of all existing agencies,
professional personnel and public funds to accomplish these
objectives and to prevent duplication of services and unnecessary
expenditures;
(g) To protect mentally disordered persons and developmentally
disabled persons from criminal acts.
5002. Mentally disordered persons and persons impaired by chronic
alcoholism may no longer be judicially committed.
Mentally disordered persons shall receive services pursuant to
this part. Persons impaired by chronic alcoholism may receive
services pursuant to this part if they elect to do so pursuant to
Article 3 (commencing with Section 5225) of Chapter 2 of this part.
Epileptics may no longer be judicially committed.
This part shall not be construed to repeal or modify laws relating
to the commitment of mentally disordered sex offenders, mentally
retarded persons, and mentally disordered criminal offenders, except
as specifically provided in Penal Code Section 4011.6, or as
specifically provided in other statutes.
5003. Nothing in this part shall be construed in any way as
limiting the right of any person to make voluntary application at any
time to any public or private agency or practitioner for mental
health services, either by direct application in person, or by
referral from any other public or private agency or practitioner.
5004. Mentally disordered persons and developmentally disabled
persons shall receive protection from criminal acts equal to that
provided any other resident in this state.
5004.5. Notwithstanding any other provision of law, a legal
guardian, conservator, or any other person who reasonably believes a
mentally disordered or developmentally disabled person is the victim
of a crime may file a report with an appropriate law enforcement
agency. The report shall specify the nature of the alleged offense
and any pertinent evidence. Notwithstanding any other provision of
law, the information in such report shall not be deemed confidential
in any manner. No person shall incur any civil or criminal liability
as a result of making any report authorized by this section unless it
can be shown that a false report was made and the person knew or
should have known that the report was false.
Where the district attorney of the county in which the alleged
offense occurred finds, based upon the evidence contained in the
report and any other evidence obtained through regular investigatory
procedures, that a reasonable probability exists that a crime or
public offense has been committed and that the mentally disordered or
developmentally disabled person is the victim, the district attorney
may file a complaint verified on information and belief.
The filing of a report by a legal guardian, conservator, or any
other person pursuant to this section shall not constitute evidence
that a crime or public offense has been committed and shall not be
considered in any manner by the trier of fact.
5005. Unless specifically stated, a person complained against in
any petition or proceeding initiated by virtue of the provisions of
this part shall not forfeit any legal right or suffer legal
disability by reason of the provisions of this part.
5006. The provisions of this part shall not be construed to deny
treatment by spiritual means through prayer in accordance with the
tenets and practices of a recognized church or denomination for any
person detained for evaluation or treatment who desires such
treatment, or to a minor if his parent, guardian, or conservator
desires such treatment.
5007. Unless otherwise indicated, the provisions of this part shall
not be construed to apply retroactively to terminate court
commitments of mentally ill persons or inebriates under preexisting
law.
5008. Unless the context otherwise requires, the following
definitions shall govern the construction of this part:
(a) "Evaluation" consists of multidisciplinary professional
analyses of a person's medical, psychological, educational, social,
financial, and legal conditions as may appear to constitute a
problem. Persons providing evaluation services shall be properly
qualified professionals and may be full-time employees of an agency
providing evaluation services or may be part-time employees or may be
employed on a contractual basis.
(b) "Court-ordered evaluation" means an evaluation ordered by a
superior court pursuant to Article 2 (commencing with Section 5200)
or by a court pursuant to Article 3 (commencing with Section 5225) of
Chapter 2.
(c) "Intensive treatment" consists of such hospital and other
services as may be indicated. Intensive treatment shall be provided
by properly qualified professionals and carried out in facilities
qualifying for reimbursement under the California Medical Assistance
Program (Medi-Cal) set forth in Chapter 7 (commencing with Section
14000) of Part 3 of Division 9, or under Title XVIII of the federal
Social Security Act and regulations thereunder. Intensive treatment
may be provided in hospitals of the United States government by
properly qualified professionals. Nothing in this part shall be
construed to prohibit an intensive treatment facility from also
providing 72-hour treatment and evaluation.
(d) "Referral" is referral of persons by each agency or facility
providing intensive treatment or evaluation services to other
agencies or individuals. The purpose of referral shall be to provide
for continuity of care, and may include, but need not be limited to,
informing the person of available services, making appointments on
the person's behalf, discussing the person's problem with the agency
or individual to which the person has been referred, appraising the
outcome of referrals, and arranging for personal escort and
transportation when necessary. Referral shall be considered complete
when the agency or individual to whom the person has been referred
accepts responsibility for providing the necessary services. All
persons shall be advised of available precare services which prevent
initial recourse to hospital treatment or aftercare services which
support adjustment to community living following hospital treatment.
These services may be provided through county welfare departments,
State Department of Mental Health, Short-Doyle programs or other
local agencies.
Each agency or facility providing evaluation services shall
maintain a current and comprehensive file of all community services,
both public and private. These files shall contain current agreements
with agencies or individuals accepting referrals, as well as
appraisals of the results of past referrals.
(e) "Crisis intervention" consists of an interview or series of
interviews within a brief period of time, conducted by qualified
professionals, and designed to alleviate personal or family
situations which present a serious and imminent threat to the health
or stability of the person or the family. The interview or interviews
may be conducted in the home of the person or family, or on an
inpatient or outpatient basis with such therapy, or other services,
as may be appropriate. Crisis intervention may, as appropriate,
include suicide prevention, psychiatric, welfare, psychological,
legal, or other social services.
(f) "Prepetition screening" is a screening of all petitions for
court-ordered evaluation as provided in Article 2 (commencing with
Section 5200) of Chapter 2, consisting of a professional review of
all petitions; an interview with the petitioner and, whenever
possible, the person alleged, as a result of mental disorder, to be a
danger to others, or to himself or herself, or to be gravely
disabled, to assess the problem and explain the petition; when
indicated, efforts to persuade the person to receive, on a voluntary
basis, comprehensive evaluation, crisis intervention, referral, and
other services specified in this part.
(g) "Conservatorship investigation" means investigation by an
agency appointed or designated by the governing body of cases in
which conservatorship is recommended pursuant to Chapter 3
(commencing with Section 5350).
(h) (1) For purposes of Article 1 (commencing with Section 5150),
Article 2 (commencing with Section 5200), and Article 4 (commencing
with Section 5250) of Chapter 2, and for the purposes of Chapter 3
(commencing with Section 5350), "gravely disabled" means either of
the following:
(A) A condition in which a person, as a result of a mental
disorder, is unable to provide for his or her basic personal needs
for food, clothing, or shelter.
(B) A condition in which a person, has been found mentally
incompetent under Section 1370 of the Penal Code and all of the
following facts exist:
(i) The indictment or information pending against the defendant at
the time of commitment charges a felony involving death, great
bodily harm, or a serious threat to the physical well-being of
another person.
(ii) The indictment or information has not been dismissed.
(iii) As a result of mental disorder, the person is unable to
understand the nature and purpose of the proceedings taken against
him or her and to assist counsel in the conduct of his or her defense
in a rational manner.
(2) For purposes of Article 3 (commencing with Section 5225) and
Article 4 (commencing with Section 5250), of Chapter 2, and for the
purposes of Chapter 3 (commencing with Section 5350), "gravely
disabled" means a condition in which a person, as a result of
impairment by chronic alcoholism, is unable to provide for his or her
basic personal needs for food, clothing, or shelter.
(3) The term "gravely disabled" does not include mentally retarded
persons by reason of being mentally retarded alone.
(i) "Peace officer" means a duly sworn peace officer as that term
is defined in Chapter 4.5 (commencing with Section 830) of Title 3 of
Part 2 of the Penal Code who has completed the basic training course
established by the Commission on Peace Officer Standards and
Training, or any parole officer or probation officer specified in
Section 830.5 of the Penal Code when acting in relation to cases for
which he or she has a legally mandated responsibility.
(j) "Postcertification treatment" means an additional period of
treatment pursuant to Article 6 (commencing with Section 5300) of
Chapter 2.
(k) "Court," unless otherwise specified, means a court of record.
(l) "Antipsychotic medication" means any medication customarily
prescribed for the treatment of symptoms of psychoses and other
severe mental and emotional disorders.
(m) "Emergency" means a situation in which action to impose
treatment over the person's objection is immediately necessary for
the preservation of life or the prevention of serious bodily harm to
the patient or others, and it is impracticable to first gain consent.
It is not necessary for harm to take place or become unavoidable
prior to treatment.
5008.1. As used in this division and in Division 4 (commencing with
Section 4000), Division 4.1 (commencing with Section 4400), Division
6 (commencing with Section 6000), Division 7 (commencing with
Section 7100), and Division 8 (commencing with Section 8000), the
term "judicially committed" means all of the following:
(a) Persons who are mentally disordered sex offenders placed in a
state hospital or institutional unit for observation or committed to
the State Department of Mental Health pursuant to Article 1
(commencing with Section 6300) of Chapter 2 of Part 2 of Division 6.
(b) Developmentally disabled persons who are admitted to a state
hospital upon application or who are committed to the State
Department of Developmental Services by court order pursuant to
Article 2 (commencing with Section 6500) of Chapter 2 of Part 2 of
Division 6.
(c) Persons committed to the State Department of Mental Health or
a state hospital pursuant to the Penal Code.
5008.2. (a) When applying the definition of mental disorder for the
purposes of Articles 2 (commencing with Section 5200), 4 (commencing
with Section 5250), and 5 (commencing with Section 5275) of Chapter
2 and Chapter 3 (commencing with Section 5350), the historical course
of the person's mental disorder, as determined by available relevant
information about the course of the person's mental disorder, shall
be considered when it has a direct bearing on the determination of
whether the person is a danger to others, or to himself or herself,
or is gravely disabled, as a result of a mental disorder. The
historical course shall include, but is not limited to, evidence
presented by persons who have provided, or are providing, mental
health or related support services to the patient, the patient's
medical records as presented to the court, including psychiatric
records, or evidence voluntarily presented by family members, the
patient, or any other person designated by the patient. Facilities
shall make every reasonable effort to make information provided by
the patient's family available to the court. The hearing officer,
court, or jury shall exclude from consideration evidence it
determines to be irrelevant because of remoteness of time or
dissimilarity of circumstances.
(b) This section shall not be applied to limit the application of
Section 5328 or to limit existing rights of a patient to respond to
evidence presented to the court.
5009. Persons receiving evaluation or treatment under this part
shall be given a choice of physician or other professional person
providing such services, in accordance with the policies of each
agency providing services, and within the limits of available staff
in the agency.
5010. The agency established in this state to fulfill the
requirements and assurances of Section 142 of the federal
Developmental Disabilities Act of 1984 for a system to protect and
advocate the rights of persons with developmental disabilities, as
that term is defined by Section 102(7) of the federal act, shall have
access to the records of a person with developmental disabilities
who resides in a facility for persons with developmental disabilities
when both of the following conditions apply:
(1) The agency has received a complaint from or on behalf of the
person and the person consents to the disclosure of the records to
the extent of his or her capabilities.
(2) The person does not have a parent, guardian or conservator, or
the state or the designee of the state is the person's guardian or
conservator.
5012. The fact that a person has been taken into custody under this
part may not be used in the determination of that person's
eligibility for payment or reimbursement for mental health or other
health care services for which he or she has applied or received
under the Medi-Cal program, any health care service plan licensed
under the Knox-Keene Health Care Service Plan Act of 1975 (Chapter
2.2 (commencing with Section 1340) of Division 2 of the Health and
Safety Code), or any insurer providing health coverage doing business
in the state.
5020.1. A mentally ill minor, between the ages of 3 and 18, upon
being considered for release from a state hospital shall have an
aftercare plan developed. Such plan shall include educational or
training needs, provided these are necessary for the patient's
well-being.
5110. Whenever a proceeding is held in a superior court under
Article 5 (commencing with Section 5275) or Article 6 (commencing
with Section 5300) of this chapter or Chapter 3 (commencing with
Section 5350) of this part involving a person who has been placed in
a facility located outside the county of residence of the person, the
provisions of this section shall apply. The appropriate financial
officer or other designated official of the county in which the
proceeding is held shall make out a statement of all of the costs
incurred by the county for the investigation, preparation, and
conduct of the proceedings, and the costs of appeal, if any. The
statement shall be certified by a judge of the superior court of the
county. The statement shall then be sent to the county of residence
of the person, which shall reimburse the county providing the
services. If it is not possible to determine the actual county of
residence of the person, the statement shall be sent to the county in
which the person was originally detained, which shall reimburse the
county providing the services.
5111. Any county without a public defender is authorized to
compensate the attorneys appointed for persons entitled to be
represented by counsel in proceedings under this part.
5113. Except as provided in Sections 5154, 5173, 5259.3, 5267, and
5306, the facility providing treatment pursuant to Article 1
(commencing with Section 5150), Article 1.5 (commencing with Section
5170), Article 4 (commencing with Section 5250), Article 4.5
(commencing with Section 5260) or Article 6 (commencing with Section
5300), the superintendent of the facility, the professional person in
charge of the facility and his or her designee, or the peace officer
responsible for the detainment of the person shall not be civilly or
criminally liable for any action by a person released at or before
the end of the period for which he or she was admitted pursuant to
the provisions of the appropriate article.
5114. At any judicial proceeding under the provisions of this
division, allegations that the person is a danger to others, or to
himself, or gravely disabled as a result of mental disorder or
impairment by chronic alcoholism, shall be presented by the district
attorney for the county, unless the board of supervisors, by
ordinance or resolution, delegates such duty to the county counsel.
5115. The Legislature hereby finds and declares:
(a) It is the policy of this state, as declared and established in
this section and in the Lanterman Developmental Disabilities
Services Act, Division 4.5 (commencing with Section 4500), that
mentally and physically handicapped persons are entitled to live in
normal residential surroundings and should not be excluded therefrom
because of their disability.
(b) In order to achieve uniform statewide implementation of the
policies of this section and those of the Lanterman Developmental
Disabilities Services Act, it is necessary to establish the statewide
policy that the use of property for the care of six or fewer
mentally disordered or otherwise handicapped persons is a residential
use of such property for the purposes of zoning.
5116. Pursuant to the policy stated in Section 5115, a
state-authorized, certified, or licensed family care home, foster
home, or group home serving six or fewer mentally disordered or
otherwise handicapped persons or dependent and neglected children,
shall be considered a residential use of property for the purposes of
zoning if such homes provide care on a 24-hour-a-day basis.
Such homes shall be a permitted use in all residential zones,
including, but not limited to, residential zones for single-family
dwellings.
5117. In order to further facilitate achieving the purposes of this
act and the Lanterman Mental Retardation Act of 1969, it is
desirable that there be a consolidation of the facilities standard
setting, licensure and ratesetting functions of the various state
departments under the jurisdiction of the Health and Welfare Agency.
5118. For the purpose of conducting hearings under this part, the
court in and for the county where the petition is filed may be
convened at any time and place within or outside the county suitable
to the mental and physical health of the patient, and receive
evidence both oral and written, and render decisions, except that the
time and place for hearing shall not be different from the time and
place for the trial of civil actions for such court if any party to
the proceeding, prior to the hearing, objects to the different time
or place.
Hearings conducted at any state hospital or any mental health
facility designated by any county as a treatment facility under this
part or any facility referred to in Section 5358 or Division 7
(commencing with Section 7100), within or outside the county, shall
be deemed to be hearings held in a place for the trial of civil
actions and in a regular courtroom of the court.
Notwithstanding any other provisions of this section, any party to
the proceeding may demand that the hearing be public, and be held in
a place suitable for attendance by the public.
Notwithstanding any other provisions of law, any hearing under
this part which was held before enactment of this section but which
would have been in accordance with this section had it been effective
is deemed to be valid for all purposes.
As used in this section, a "hearing under this part" includes
conservatorship and other hearings held pursuant to Chapter 3
(commencing with Section 5350) of this part.
5119. On and after July 1, 1972, when a person who is an employee
of the State Department of Mental Health at the time of employment by
a county in a county mental health program or on and after July 1,
1972, when a person has been an employee of the State Department of
Mental Health within the 12-month period prior to his employment by a
county in a county mental health program, the board of supervisors
may, to the extent feasible, allow such person to retain as a county
employee, those employee benefits to which he was entitled or had
accumulated as an employee of the State Department of Mental Health
or provide such employee with comparable benefits provided for other
county employees whose service as county employees is equal to the
state service of the former employee of the State Department of
Mental Health. Such benefits include, but are not limited to,
retirement benefits, seniority rights under civil service,
accumulated vacation and sick leave.
The county may on and after July 1, 1972, establish retraining
programs for the State Department of Mental Health employees
transferring to county mental health programs provided such programs
are financed entirely with state and federal funds made available for
that purpose.
For the purpose of this section "employee of the Department of
Mental Health" means an employee of such department who performs
functions which, prior to July 1, 1973, were vested in the Department
of Mental Hygiene.
5120. It is the policy of this state as declared and established in
this act and in the Lanterman-Petris-Short Act that the care and
treatment of mental patients be provided in the local community. In
order to achieve uniform statewide implementation of the policies of
this act, it is necessary to establish the statewide policy that,
notwithstanding any other provision of law, no city or county shall
discriminate in the enactment, enforcement, or administration of any
zoning laws, ordinances, or rules and regulations between the use of
property for the treatment of general hospital or nursing home
patients and the use of property for the psychiatric care and
treatment of patients, both inpatient and outpatient.
Health facilities for inpatient and outpatient psychiatric care
and treatment shall be permitted in any area zoned for hospitals or
nursing homes, or in which hospitals and nursing homes are permitted
by conditional use permit.
5000. This part shall be known and may be cited as the
Lanterman-Petris-Short Act.
5001. The provisions of this part shall be construed to promote the
legislative intent as follows:
(a) To end the inappropriate, indefinite, and involuntary
commitment of mentally disordered persons, developmentally disabled
persons, and persons impaired by chronic alcoholism, and to eliminate
legal disabilities;
(b) To provide prompt evaluation and treatment of persons with
serious mental disorders or impaired by chronic alcoholism;
(c) To guarantee and protect public safety;
(d) To safeguard individual rights through judicial review;
(e) To provide individualized treatment, supervision, and
placement services by a conservatorship program for gravely disabled
persons;
(f) To encourage the full use of all existing agencies,
professional personnel and public funds to accomplish these
objectives and to prevent duplication of services and unnecessary
expenditures;
(g) To protect mentally disordered persons and developmentally
disabled persons from criminal acts.
5002. Mentally disordered persons and persons impaired by chronic
alcoholism may no longer be judicially committed.
Mentally disordered persons shall receive services pursuant to
this part. Persons impaired by chronic alcoholism may receive
services pursuant to this part if they elect to do so pursuant to
Article 3 (commencing with Section 5225) of Chapter 2 of this part.
Epileptics may no longer be judicially committed.
This part shall not be construed to repeal or modify laws relating
to the commitment of mentally disordered sex offenders, mentally
retarded persons, and mentally disordered criminal offenders, except
as specifically provided in Penal Code Section 4011.6, or as
specifically provided in other statutes.
5003. Nothing in this part shall be construed in any way as
limiting the right of any person to make voluntary application at any
time to any public or private agency or practitioner for mental
health services, either by direct application in person, or by
referral from any other public or private agency or practitioner.
5004. Mentally disordered persons and developmentally disabled
persons shall receive protection from criminal acts equal to that
provided any other resident in this state.
5004.5. Notwithstanding any other provision of law, a legal
guardian, conservator, or any other person who reasonably believes a
mentally disordered or developmentally disabled person is the victim
of a crime may file a report with an appropriate law enforcement
agency. The report shall specify the nature of the alleged offense
and any pertinent evidence. Notwithstanding any other provision of
law, the information in such report shall not be deemed confidential
in any manner. No person shall incur any civil or criminal liability
as a result of making any report authorized by this section unless it
can be shown that a false report was made and the person knew or
should have known that the report was false.
Where the district attorney of the county in which the alleged
offense occurred finds, based upon the evidence contained in the
report and any other evidence obtained through regular investigatory
procedures, that a reasonable probability exists that a crime or
public offense has been committed and that the mentally disordered or
developmentally disabled person is the victim, the district attorney
may file a complaint verified on information and belief.
The filing of a report by a legal guardian, conservator, or any
other person pursuant to this section shall not constitute evidence
that a crime or public offense has been committed and shall not be
considered in any manner by the trier of fact.
5005. Unless specifically stated, a person complained against in
any petition or proceeding initiated by virtue of the provisions of
this part shall not forfeit any legal right or suffer legal
disability by reason of the provisions of this part.
5006. The provisions of this part shall not be construed to deny
treatment by spiritual means through prayer in accordance with the
tenets and practices of a recognized church or denomination for any
person detained for evaluation or treatment who desires such
treatment, or to a minor if his parent, guardian, or conservator
desires such treatment.
5007. Unless otherwise indicated, the provisions of this part shall
not be construed to apply retroactively to terminate court
commitments of mentally ill persons or inebriates under preexisting
law.
5008. Unless the context otherwise requires, the following
definitions shall govern the construction of this part:
(a) "Evaluation" consists of multidisciplinary professional
analyses of a person's medical, psychological, educational, social,
financial, and legal conditions as may appear to constitute a
problem. Persons providing evaluation services shall be properly
qualified professionals and may be full-time employees of an agency
providing evaluation services or may be part-time employees or may be
employed on a contractual basis.
(b) "Court-ordered evaluation" means an evaluation ordered by a
superior court pursuant to Article 2 (commencing with Section 5200)
or by a court pursuant to Article 3 (commencing with Section 5225) of
Chapter 2.
(c) "Intensive treatment" consists of such hospital and other
services as may be indicated. Intensive treatment shall be provided
by properly qualified professionals and carried out in facilities
qualifying for reimbursement under the California Medical Assistance
Program (Medi-Cal) set forth in Chapter 7 (commencing with Section
14000) of Part 3 of Division 9, or under Title XVIII of the federal
Social Security Act and regulations thereunder. Intensive treatment
may be provided in hospitals of the United States government by
properly qualified professionals. Nothing in this part shall be
construed to prohibit an intensive treatment facility from also
providing 72-hour treatment and evaluation.
(d) "Referral" is referral of persons by each agency or facility
providing intensive treatment or evaluation services to other
agencies or individuals. The purpose of referral shall be to provide
for continuity of care, and may include, but need not be limited to,
informing the person of available services, making appointments on
the person's behalf, discussing the person's problem with the agency
or individual to which the person has been referred, appraising the
outcome of referrals, and arranging for personal escort and
transportation when necessary. Referral shall be considered complete
when the agency or individual to whom the person has been referred
accepts responsibility for providing the necessary services. All
persons shall be advised of available precare services which prevent
initial recourse to hospital treatment or aftercare services which
support adjustment to community living following hospital treatment.
These services may be provided through county welfare departments,
State Department of Mental Health, Short-Doyle programs or other
local agencies.
Each agency or facility providing evaluation services shall
maintain a current and comprehensive file of all community services,
both public and private. These files shall contain current agreements
with agencies or individuals accepting referrals, as well as
appraisals of the results of past referrals.
(e) "Crisis intervention" consists of an interview or series of
interviews within a brief period of time, conducted by qualified
professionals, and designed to alleviate personal or family
situations which present a serious and imminent threat to the health
or stability of the person or the family. The interview or interviews
may be conducted in the home of the person or family, or on an
inpatient or outpatient basis with such therapy, or other services,
as may be appropriate. Crisis intervention may, as appropriate,
include suicide prevention, psychiatric, welfare, psychological,
legal, or other social services.
(f) "Prepetition screening" is a screening of all petitions for
court-ordered evaluation as provided in Article 2 (commencing with
Section 5200) of Chapter 2, consisting of a professional review of
all petitions; an interview with the petitioner and, whenever
possible, the person alleged, as a result of mental disorder, to be a
danger to others, or to himself or herself, or to be gravely
disabled, to assess the problem and explain the petition; when
indicated, efforts to persuade the person to receive, on a voluntary
basis, comprehensive evaluation, crisis intervention, referral, and
other services specified in this part.
(g) "Conservatorship investigation" means investigation by an
agency appointed or designated by the governing body of cases in
which conservatorship is recommended pursuant to Chapter 3
(commencing with Section 5350).
(h) (1) For purposes of Article 1 (commencing with Section 5150),
Article 2 (commencing with Section 5200), and Article 4 (commencing
with Section 5250) of Chapter 2, and for the purposes of Chapter 3
(commencing with Section 5350), "gravely disabled" means either of
the following:
(A) A condition in which a person, as a result of a mental
disorder, is unable to provide for his or her basic personal needs
for food, clothing, or shelter.
(B) A condition in which a person, has been found mentally
incompetent under Section 1370 of the Penal Code and all of the
following facts exist:
(i) The indictment or information pending against the defendant at
the time of commitment charges a felony involving death, great
bodily harm, or a serious threat to the physical well-being of
another person.
(ii) The indictment or information has not been dismissed.
(iii) As a result of mental disorder, the person is unable to
understand the nature and purpose of the proceedings taken against
him or her and to assist counsel in the conduct of his or her defense
in a rational manner.
(2) For purposes of Article 3 (commencing with Section 5225) and
Article 4 (commencing with Section 5250), of Chapter 2, and for the
purposes of Chapter 3 (commencing with Section 5350), "gravely
disabled" means a condition in which a person, as a result of
impairment by chronic alcoholism, is unable to provide for his or her
basic personal needs for food, clothing, or shelter.
(3) The term "gravely disabled" does not include mentally retarded
persons by reason of being mentally retarded alone.
(i) "Peace officer" means a duly sworn peace officer as that term
is defined in Chapter 4.5 (commencing with Section 830) of Title 3 of
Part 2 of the Penal Code who has completed the basic training course
established by the Commission on Peace Officer Standards and
Training, or any parole officer or probation officer specified in
Section 830.5 of the Penal Code when acting in relation to cases for
which he or she has a legally mandated responsibility.
(j) "Postcertification treatment" means an additional period of
treatment pursuant to Article 6 (commencing with Section 5300) of
Chapter 2.
(k) "Court," unless otherwise specified, means a court of record.
(l) "Antipsychotic medication" means any medication customarily
prescribed for the treatment of symptoms of psychoses and other
severe mental and emotional disorders.
(m) "Emergency" means a situation in which action to impose
treatment over the person's objection is immediately necessary for
the preservation of life or the prevention of serious bodily harm to
the patient or others, and it is impracticable to first gain consent.
It is not necessary for harm to take place or become unavoidable
prior to treatment.
5008.1. As used in this division and in Division 4 (commencing with
Section 4000), Division 4.1 (commencing with Section 4400), Division
6 (commencing with Section 6000), Division 7 (commencing with
Section 7100), and Division 8 (commencing with Section 8000), the
term "judicially committed" means all of the following:
(a) Persons who are mentally disordered sex offenders placed in a
state hospital or institutional unit for observation or committed to
the State Department of Mental Health pursuant to Article 1
(commencing with Section 6300) of Chapter 2 of Part 2 of Division 6.
(b) Developmentally disabled persons who are admitted to a state
hospital upon application or who are committed to the State
Department of Developmental Services by court order pursuant to
Article 2 (commencing with Section 6500) of Chapter 2 of Part 2 of
Division 6.
(c) Persons committed to the State Department of Mental Health or
a state hospital pursuant to the Penal Code.
5008.2. (a) When applying the definition of mental disorder for the
purposes of Articles 2 (commencing with Section 5200), 4 (commencing
with Section 5250), and 5 (commencing with Section 5275) of Chapter
2 and Chapter 3 (commencing with Section 5350), the historical course
of the person's mental disorder, as determined by available relevant
information about the course of the person's mental disorder, shall
be considered when it has a direct bearing on the determination of
whether the person is a danger to others, or to himself or herself,
or is gravely disabled, as a result of a mental disorder. The
historical course shall include, but is not limited to, evidence
presented by persons who have provided, or are providing, mental
health or related support services to the patient, the patient's
medical records as presented to the court, including psychiatric
records, or evidence voluntarily presented by family members, the
patient, or any other person designated by the patient. Facilities
shall make every reasonable effort to make information provided by
the patient's family available to the court. The hearing officer,
court, or jury shall exclude from consideration evidence it
determines to be irrelevant because of remoteness of time or
dissimilarity of circumstances.
(b) This section shall not be applied to limit the application of
Section 5328 or to limit existing rights of a patient to respond to
evidence presented to the court.
5009. Persons receiving evaluation or treatment under this part
shall be given a choice of physician or other professional person
providing such services, in accordance with the policies of each
agency providing services, and within the limits of available staff
in the agency.
5010. The agency established in this state to fulfill the
requirements and assurances of Section 142 of the federal
Developmental Disabilities Act of 1984 for a system to protect and
advocate the rights of persons with developmental disabilities, as
that term is defined by Section 102(7) of the federal act, shall have
access to the records of a person with developmental disabilities
who resides in a facility for persons with developmental disabilities
when both of the following conditions apply:
(1) The agency has received a complaint from or on behalf of the
person and the person consents to the disclosure of the records to
the extent of his or her capabilities.
(2) The person does not have a parent, guardian or conservator, or
the state or the designee of the state is the person's guardian or
conservator.
5012. The fact that a person has been taken into custody under this
part may not be used in the determination of that person's
eligibility for payment or reimbursement for mental health or other
health care services for which he or she has applied or received
under the Medi-Cal program, any health care service plan licensed
under the Knox-Keene Health Care Service Plan Act of 1975 (Chapter
2.2 (commencing with Section 1340) of Division 2 of the Health and
Safety Code), or any insurer providing health coverage doing business
in the state.
5020.1. A mentally ill minor, between the ages of 3 and 18, upon
being considered for release from a state hospital shall have an
aftercare plan developed. Such plan shall include educational or
training needs, provided these are necessary for the patient's
well-being.
5110. Whenever a proceeding is held in a superior court under
Article 5 (commencing with Section 5275) or Article 6 (commencing
with Section 5300) of this chapter or Chapter 3 (commencing with
Section 5350) of this part involving a person who has been placed in
a facility located outside the county of residence of the person, the
provisions of this section shall apply. The appropriate financial
officer or other designated official of the county in which the
proceeding is held shall make out a statement of all of the costs
incurred by the county for the investigation, preparation, and
conduct of the proceedings, and the costs of appeal, if any. The
statement shall be certified by a judge of the superior court of the
county. The statement shall then be sent to the county of residence
of the person, which shall reimburse the county providing the
services. If it is not possible to determine the actual county of
residence of the person, the statement shall be sent to the county in
which the person was originally detained, which shall reimburse the
county providing the services.
5111. Any county without a public defender is authorized to
compensate the attorneys appointed for persons entitled to be
represented by counsel in proceedings under this part.
5113. Except as provided in Sections 5154, 5173, 5259.3, 5267, and
5306, the facility providing treatment pursuant to Article 1
(commencing with Section 5150), Article 1.5 (commencing with Section
5170), Article 4 (commencing with Section 5250), Article 4.5
(commencing with Section 5260) or Article 6 (commencing with Section
5300), the superintendent of the facility, the professional person in
charge of the facility and his or her designee, or the peace officer
responsible for the detainment of the person shall not be civilly or
criminally liable for any action by a person released at or before
the end of the period for which he or she was admitted pursuant to
the provisions of the appropriate article.
5114. At any judicial proceeding under the provisions of this
division, allegations that the person is a danger to others, or to
himself, or gravely disabled as a result of mental disorder or
impairment by chronic alcoholism, shall be presented by the district
attorney for the county, unless the board of supervisors, by
ordinance or resolution, delegates such duty to the county counsel.
5115. The Legislature hereby finds and declares:
(a) It is the policy of this state, as declared and established in
this section and in the Lanterman Developmental Disabilities
Services Act, Division 4.5 (commencing with Section 4500), that
mentally and physically handicapped persons are entitled to live in
normal residential surroundings and should not be excluded therefrom
because of their disability.
(b) In order to achieve uniform statewide implementation of the
policies of this section and those of the Lanterman Developmental
Disabilities Services Act, it is necessary to establish the statewide
policy that the use of property for the care of six or fewer
mentally disordered or otherwise handicapped persons is a residential
use of such property for the purposes of zoning.
5116. Pursuant to the policy stated in Section 5115, a
state-authorized, certified, or licensed family care home, foster
home, or group home serving six or fewer mentally disordered or
otherwise handicapped persons or dependent and neglected children,
shall be considered a residential use of property for the purposes of
zoning if such homes provide care on a 24-hour-a-day basis.
Such homes shall be a permitted use in all residential zones,
including, but not limited to, residential zones for single-family
dwellings.
5117. In order to further facilitate achieving the purposes of this
act and the Lanterman Mental Retardation Act of 1969, it is
desirable that there be a consolidation of the facilities standard
setting, licensure and ratesetting functions of the various state
departments under the jurisdiction of the Health and Welfare Agency.
5118. For the purpose of conducting hearings under this part, the
court in and for the county where the petition is filed may be
convened at any time and place within or outside the county suitable
to the mental and physical health of the patient, and receive
evidence both oral and written, and render decisions, except that the
time and place for hearing shall not be different from the time and
place for the trial of civil actions for such court if any party to
the proceeding, prior to the hearing, objects to the different time
or place.
Hearings conducted at any state hospital or any mental health
facility designated by any county as a treatment facility under this
part or any facility referred to in Section 5358 or Division 7
(commencing with Section 7100), within or outside the county, shall
be deemed to be hearings held in a place for the trial of civil
actions and in a regular courtroom of the court.
Notwithstanding any other provisions of this section, any party to
the proceeding may demand that the hearing be public, and be held in
a place suitable for attendance by the public.
Notwithstanding any other provisions of law, any hearing under
this part which was held before enactment of this section but which
would have been in accordance with this section had it been effective
is deemed to be valid for all purposes.
As used in this section, a "hearing under this part" includes
conservatorship and other hearings held pursuant to Chapter 3
(commencing with Section 5350) of this part.
5119. On and after July 1, 1972, when a person who is an employee
of the State Department of Mental Health at the time of employment by
a county in a county mental health program or on and after July 1,
1972, when a person has been an employee of the State Department of
Mental Health within the 12-month period prior to his employment by a
county in a county mental health program, the board of supervisors
may, to the extent feasible, allow such person to retain as a county
employee, those employee benefits to which he was entitled or had
accumulated as an employee of the State Department of Mental Health
or provide such employee with comparable benefits provided for other
county employees whose service as county employees is equal to the
state service of the former employee of the State Department of
Mental Health. Such benefits include, but are not limited to,
retirement benefits, seniority rights under civil service,
accumulated vacation and sick leave.
The county may on and after July 1, 1972, establish retraining
programs for the State Department of Mental Health employees
transferring to county mental health programs provided such programs
are financed entirely with state and federal funds made available for
that purpose.
For the purpose of this section "employee of the Department of
Mental Health" means an employee of such department who performs
functions which, prior to July 1, 1973, were vested in the Department
of Mental Hygiene.
5120. It is the policy of this state as declared and established in
this act and in the Lanterman-Petris-Short Act that the care and
treatment of mental patients be provided in the local community. In
order to achieve uniform statewide implementation of the policies of
this act, it is necessary to establish the statewide policy that,
notwithstanding any other provision of law, no city or county shall
discriminate in the enactment, enforcement, or administration of any
zoning laws, ordinances, or rules and regulations between the use of
property for the treatment of general hospital or nursing home
patients and the use of property for the psychiatric care and
treatment of patients, both inpatient and outpatient.
Health facilities for inpatient and outpatient psychiatric care
and treatment shall be permitted in any area zoned for hospitals or
nursing homes, or in which hospitals and nursing homes are permitted
by conditional use permit.
