Bill Text: CA AB193 | 2015-2016 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Mental health: conservatorship hearings.

Spectrum: Bipartisan Bill

Status: (Vetoed) 2016-01-15 - Consideration of Governor's veto stricken from file. [AB193 Detail]

Download: California-2015-AB193-Introduced.html

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BILL NUMBER: AB 193	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Maienschein
   (Coauthors: Assembly Members Chávez and Mathis)

                        JANUARY 28, 2015

   An act to amend Sections 5350.2, 5352, 5354, and 5360 of the
Welfare and Institutions Code, relating to conservatorships.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 193, as introduced, Maienschein. Mental health: conservatorship
hearings.
   Existing law provides a procedure for the appointment of a
conservator for a person who is determined to be gravely disabled as
a result of a mental disorder or an impairment by chronic alcoholism
and requires an officer, including a county public guardian or a
county mental health program, to conduct a conservatorship
investigation and render a written report to the court of his or her
investigation. Under existing law, a professional person in charge of
an agency providing comprehensive evaluation or a facility providing
intensive treatment for a gravely disabled person may recommend a
conservatorship for that person, and the agency is required to
disclose any records or information that may facilitate an
investigation. Existing law requires the officer providing
conservatorship investigation, when he or she concurs with the
recommendation of the professional person or facility, to petition
the superior court in the patient's county of residence for a
conservatorship.
   This bill would authorize the court, after a hearing attended by
the proposed conservatee or the proposed conservatee's counsel, or
both, to recommend a conservatorship to the officer providing
conservatorship investigation if the court in a conservatorship
proceeding determines, based on the evidence presented to the court,
including medical evidence, that a person for whom a conservatorship
has been established may be gravely disabled as a result of a mental
disorder or impairment by chronic alcoholism and is unwilling to
accept, or is incapable of accepting, treatment voluntarily. The bill
would also require the court to appoint counsel to a proposed
conservatee if he or she cannot afford counsel. The bill would
require the officer providing conservatorship investigation to
petition the superior court in the patient's county of residence to
establish conservatorship if he or she concurs with the
recommendation of the court, and to file a copy of his or her report
with the court within 30 days of the court's recommendation. The bill
would require an existing probate conservator, if conservatorship is
recommended by the court, to disclose any records or information
that may facilitate the investigation. The bill would also make
conforming changes.
   By expanding the duties of the county officer providing
conservatorship investigation, this bill would impose a
state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 5350.2 of the Welfare and Institutions Code is
amended to read:
   5350.2.  Reasonable attempts shall be made by the county mental
health program to notify family members  ,  or any other
person designated by the person for whom conservatorship is sought,
of the time and place of the conservatorship hearing. The person for
whom the conservatorship is sought shall be advised by the facility
treating the person  , or by the probate court if the
recommendation was made pursuant to subdivision (c) of Section 5352,
 that he or she may request that information about the time and
place of the conservatorship hearing not be given to family members
 , in those circumstances where   if  the
proposed conservator is not a family member. The request shall be
honored by the mental health program. Neither this section nor
Section 5350 shall be interpreted to allow the proposed conservatee
to request that any proposed conservator not be advised of the time
and place of the conservatorship hearing.
  SEC. 2.  Section 5352 of the Welfare and Institutions Code is
amended to read:
   5352.   When   (a)     If
   the professional person in charge of an agency
providing comprehensive evaluation or a facility providing intensive
treatment determines that a person in his  or her  care is
gravely disabled as a result of mental disorder or impairment by
chronic alcoholism and is unwilling to accept, or incapable of
accepting, treatment voluntarily, he  or she  may recommend
conservatorship to the officer providing conservatorship
investigation of the  person's  county of residence 
of the person prior to his admission  before admitting
the person  as a patient in  such   the
 facility. 
   The 
    (b)     The  professional person in
charge of an agency providing comprehensive evaluation or a facility
providing intensive treatment may recommend conservatorship for a
person without the person being an inpatient in  such
facility,   the facility  if both of the following
conditions are met:  (a) the professional person or another
professional person designated by him has examined and evaluated the
person and determined that he is gravely disabled; (b) the
professional person or another professional person designated by him
has determined that future examination on an inpatient basis is not
necessary for a determination that the person is gravely disabled.
 
   (1) The professional person or another professional person
designated by him or her has examined and evaluated the person and
determined that the person is gravely disabled.  
   (2) The professional person or another professional person
designated by him or her has determined that future examination on an
inpatient basis is not necessary for a determination that the person
is gravely disabled.  
   (c) (1) The court, after a hearing attended by both the proposed
conservatee or the proposed conservatee's counsel, or both, may
recommend a conservatorship under this chapter to the officer
providing conservatorship investigation of the person's county of
residence if the court in a proceeding under the Probate Code
determines based on evidence presented to the court, including
medical evidence, that a person for whom a conservatorship has been
established under the Probate Code may be gravely disabled as a
result of a mental disorder or impairment by chronic alcoholism and
is unwilling to accept or is incapable of accepting treatment
voluntarily. If the proposed conservatee cannot afford counsel, the
court shall appoint counsel for him or her.  
   (2) Within 30 days after the recommendation pursuant to paragraph
(1), the officer providing conservatorship investigation shall file a
copy of his or her report with the court making the recommendation
in the probate conservatorship.  
   If 
    (d)     If  the officer providing
conservatorship investigation concurs with the recommendation  of
the professional person, pursuant to subdivision (a) or (b), or the
court, pursuant to subdivision (c)  , he  or she  shall
petition the superior court in the  patient's  county of
residence  of the patient  to establish
conservatorship. 
   Where 
    (e)     If  temporary conservatorship
is indicated,  the   that  fact shall be
alternatively pleaded in the petition. The officer providing
conservatorship investigation or other county officer or employee
designated by the county shall act as the temporary conservator.
  SEC. 3.  Section 5354 of the Welfare and Institutions Code is
amended to read:
   5354.  (a) The officer providing conservatorship investigation
shall investigate all available alternatives to conservatorship and
shall recommend conservatorship to the court only if no suitable
alternatives are available. This officer shall render to the court a
written report of investigation prior to the hearing. The report to
the court shall be comprehensive and shall contain all relevant
aspects of the person's medical, psychological, financial, family,
vocational, and social condition, and information obtained from the
person's family members, close friends, social worker, or principal
therapist. The report shall also contain all available information
concerning the person's real and personal property. The facilities
providing intensive treatment or comprehensive evaluation shall
disclose any records or information  which  
that  may facilitate the investigation. If the 
recommendation for conservatorship was made pursuant to subdivision
(c) of Section 5352, the existing probate conservator shall disclose
any records or information that may facilitate the investigation. If
the  officer providing conservatorship investigation recommends
against conservatorship, he or she shall set forth all alternatives
available. A copy of the report shall be transmitted to the
individual who  , or the court that,  originally recommended
conservatorship, to the person or agency, if any, recommended to
serve as conservator, and to the person recommended for
conservatorship. The court may receive the report in evidence and may
read and consider the contents thereof in rendering its judgment.
   (b) Notwithstanding Section 5328, when a court with jurisdiction
over a person in a criminal case orders an evaluation of the person's
mental condition pursuant to Section 5200, and that evaluation leads
to a conservatorship investigation, the officer providing the
conservatorship investigation shall serve a copy of the report
required under subdivision (a) upon the defendant or the defendant's
counsel. Upon the prior written request of the defendant or the
defendant's counsel, the officer providing the conservatorship
investigation shall also submit a copy of the report to the court
hearing the criminal case, the district attorney, and the county
probation department. The conservatorship investigation report and
the information contained in that report, shall be kept confidential
and shall not be further disclosed to anyone without the prior
written consent of the defendant. After disposition of the criminal
case, the court shall place all copies of the report in a sealed
file, except as follows:
   (1) The defendant and the defendant's counsel may retain their
copy.
   (2) If the defendant is placed on probation status, the county
probation department may retain a copy of the report for the purpose
of supervision of the defendant until the probation is terminated, at
which time the probation department shall return its copy of the
report to the court for placement into the sealed file.
  SEC. 4.  Section 5360 of the Welfare and Institutions Code is
amended to read:
   5360.   The   (a)     The
   officer providing conservatorship investigation
shall recommend, in his  or her  report to the court, for or
against imposition of a disability set forth in Section 5357 on the
basis of the determination of the professional person who recommended
conservatorship pursuant to  subdivision (a) or (b) of 
 Section 5352, or the determination of the physician who
presented medical evidence to the court pursuant to subdivision (c)
of  Section 5352. 
   The 
    (b)     The  officer providing
conservatorship investigation shall recommend in his  or her
 report any of the additional powers of a conservator set forth
in Section 2591 of the Probate Code if the needs of the individual
patient or his estate require such powers. In making  such
  this  determination, the officer providing
conservatorship investigation shall consult with the professional
person who recommended conservatorship pursuant to  subdivision
(a) or (b) of Section 5352, or the determination of the physician who
presented medical evidence to the court pursuant to subdivision (c)
of  Section 5352.
  SEC. 5.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.