Bill Text: CA AB2119 | 2023-2024 | Regular Session | Amended
Bill Title: Mental health.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Enrolled) 2024-09-11 - Enrolled and presented to the Governor at 4 p.m. [AB2119 Detail]
Download: California-2023-AB2119-Amended.html
Amended
IN
Assembly
March 18, 2024 |
Introduced by Assembly Member Weber |
February 06, 2024 |
LEGISLATIVE COUNSEL'S DIGEST
Existing law establishes state hospitals for the care, treatment, and education of mentally disordered persons. These hospitals are under the jurisdiction of the State Department of State Hospitals, which is authorized by existing law to adopt regulations regarding the conduct and management of these facilities. Existing law requires the department to encourage counties to use state hospital facilities, in addition to utilizing state hospital beds pursuant to contract, for additional treatment programs through contracts, as specified.
This bill would make technical, nonsubstantive changes to that provision.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 4012 of the Welfare and Institutions Code is amended to read:4012.
The State Department of State Hospitals, the State Department of Health Care Services, and other departments as necessary, may:SEC. 2.
Section 4033 of the Welfare and Institutions Code is amended to read:4033.
(a) The State Department of Health Care Services shall, to the extent resources are available, comply with the Substance Abuse and Mental Health Services Administration federal planning requirements. The department shall update and issue a state plan, which may also be any federally required state service plan, soSEC. 3.
Section 4051 of the Welfare and Institutions Code is amended to read:4051.
The State Department of Health Care Services shall, to the extent resources are available, provide program development guidelines, evaluation models, and operational assistance on all aspects of services toSEC. 4.
Section 4094.5 of the Welfare and Institutions Code is amended to read:4094.5.
Regulations for community treatment facilities adopted pursuant to Section 4094 shall include, but not be limited to, the following:SEC. 5.
Section 4096 of the Welfare and Institutions Code is amended to read:4096.
(a) This section governs interagency placement committees related to the placement ofSEC. 6.
Section 4096.5 of the Welfare and Institutions Code is amended to read:4096.5.
(a) This section governs standards for the mental health program approval for short-term residential therapeutic programs, which is required under subdivision (c) of Section 1562.01 of the Health and Safety Code.SEC. 7.
The heading of Chapter 2.5 (commencing with Section 4240) of Part 2 of Division 4 of the Welfare and Institutions Code is amended to read:
CHAPTER
2.5. Families of Persons With a Serious Mental Disorders Health Disorder
SEC. 8.
Section 4240 of the Welfare and Institutions Code is amended to read:4240.
The Legislature finds and declares all of the following:SEC. 9.
Section 4341 of the Welfare and Institutions Code is amended to read:4341.
(a)SEC. 10.
Section 5020.1 of the Welfare and Institutions Code is amended to read:5020.1.
ASEC. 11.
Section 5120 of the Welfare and Institutions Code is amended to read: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 ofSEC. 12.
The heading of Article 1 (commencing with Section 5150) of Chapter 2 of Part 1 of Division 5 of the Welfare and Institutions Code is amended to read:
Article
1. Detention of Mentally Disordered Persons with a Mental Health Condition for Evaluation and Treatment
SEC. 13.
The heading of Article 2 (commencing with Section 5200) of Chapter 2 of Part 1 of Division 5 of the Welfare and Institutions Code is amended to read:
Article
2. Court-Ordered Evaluation for Mentally Disordered Persons with a Mental Health Condition
SEC. 14.
Section 5326.2 of the Welfare and Institutions Code is amended to read:5326.2.
To constitute voluntary informed consent, the following information shall be given to the patient in a clear and explicit manner:SEC. 15.
Section 5346 of the Welfare and Institutions Code is amended to read:5346.
(a) In any county or group of counties where services are available as provided in Section 5348, a court may order a person who is the subject of a petition filed pursuant to this section to obtain assisted outpatient treatment if the court finds, by clear and convincing evidence, that the facts stated in the verified petition filed in accordance with this section are true and establish that all of the requisite criteria set forth in this section are met, including, but not limited to, each of the following:SEC. 16.
Section 5348 of the Welfare and Institutions Code is amended to read:5348.
(a) For purposes of subdivision (e) of Section 5346, a county or group of counties that chooses to provide assisted outpatient treatment services pursuant to this article shall offer assisted outpatient treatment services, including, but not limited to, all of the following:SEC. 17.
Section 5349.1 of the Welfare and Institutions Code is amended to read:5349.1.
(a) A county or group of counties that implements this article, shall, in consultation with the State Department of Health Care Services, client and family advocacy organizations, and other stakeholders, develop a training and education program for purposes of improving the delivery of services toSEC. 18.
The heading of Chapter 3 (commencing with Section 5350) of Part 1 of Division 5 of the Welfare and Institutions Code is amended to read:
CHAPTER
3. Conservatorship for Gravely Disabled Persons with a Grave Disability
SEC. 19.
Section 5585.10 of the Welfare and Institutions Code is amended to read:5585.10.
This part shall be construed to promote the legislative intent and purposes of this part as follows:SEC. 20.
Section 5585.57 of the Welfare and Institutions Code is amended to read:5585.57.
SEC. 21.
Section 5600.3 of the Welfare and Institutions Code is amended to read:5600.3.
To the extent resources are available, the primary goal of the use of funds deposited in the mental health account of the local health and welfare trust fund should be to serve the target populations identified in the following categories, which shall not be construed as establishing an order of priority:SEC. 22.
The heading of Article 2 (commencing with Section 5680) of Chapter 2.5 of Part 2 of Division 5 of the Welfare and Institutions Code is amended to read:
Article
2. Community Support System for Homeless Mentally Disabled Persons Who are Homeless with a Mental Health Disability
SEC. 23.
Section 5680 of the Welfare and Institutions Code is amended to read:5680.
SEC. 24.
Section 5681 of the Welfare and Institutions Code is amended to read:5681.
(a) It is the intent of the LegislatureSEC. 25.
Section 5682 of the Welfare and Institutions Code is amended to read:5682.
The goal of the community support system is to assure that needed community services are provided toSEC. 26.
Section 5683 of the Welfare and Institutions Code is amended to read:5683.
The function of the community support system is to conduct active outreach toSEC. 27.
Section 5685.5 of the Welfare and Institutions Code is amended to read:5685.5.
(a) A county may contract with the local office of the public guardian to receive and manage income and benefits forSEC. 28.
Section 5686 of the Welfare and Institutions Code is amended to read:5686.
SEC. 29.
Section 5688.6 of the Welfare and Institutions Code is amended to read:5688.6.
SEC. 30.
Section 5691 of the Welfare and Institutions Code is amended to read:5691.
(a)SEC. 31.
Section 5694 of the Welfare and Institutions Code is amended to read:5694.
SEC. 32.
The heading of Article 5 (commencing with Section 5694.7) of Chapter 2.5 of Part 2 of Division 5 of the Welfare and Institutions Code is amended to read:
Article
5. Policy Initiatives for Seriously Emotionally Disturbed Children with Serious Emotional Disturbance
SEC. 33.
Section 5694.7 of the Welfare and Institutions Code is amended to read:5694.7.
When the director of behavioral health in a county is notified pursuant to Section 319.1 or 635.1, or Section 7572.5 of the Government Code about a specific case, the county behavioral health director shall assign the responsibility either directly or through contract with a private provider, to review the information and assess whether or not the childSEC. 34.
The heading of Article 6 (commencing with Section 5695) of Chapter 2.5 of Part 2 of Division 5 of the Welfare and Institutions Code is amended to read:
Article
6. Regional Facilities for Seriously Emotionally Disturbed Wards with Serious Emotional Disturbance
SEC. 35.
Section 5695 of the Welfare and Institutions Code is amended to read:5695.
The Legislature finds and declares the following:SEC. 36.
Section 5695.2 of the Welfare and Institutions Code is amended to read:5695.2.
There may be established, on a regional basis, secure facilities which are physically and programmatically designed for the commitment and ongoing treatment ofSEC. 37.
Section 5696 of the Welfare and Institutions Code is amended to read:5696.
Prior to the opening of a regional facility, the board of directors shall develop written admission criteria, approved by the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, for those minors who are most at risk of entering the adult criminal justice system as offenders who have mental health disorders and are at high risk of committing predatory and violent crimes, including, but not limited to, the following requirements:SEC. 38.
The heading of Article 7 (commencing with Section 5698) of Chapter 2.5 of Part 2 of Division 5 of the Welfare and Institutions Code is amended to read:
Article
7. System of Care for Seriously Emotionally Disturbed Children and Youth with Serious Emotional Disturbance
SEC. 39.
Section 5698 of the Welfare and Institutions Code is amended to read:5698.
It is the intent of the Legislature to encourage in each county a system of care forSEC. 40.
Section 5699.2 of the Welfare and Institutions Code is amended to read:5699.2.
Children identified for case management services under this section shall be minors under 18 years of age described in Section 5600.3SEC. 41.
Section 5731 of the Welfare and Institutions Code is amended to read:5731.
The Legislature finds and declares that the mental health system is a large and important segment of California’s system of health care. The Legislature further finds and declares all of the following:SEC. 42.
Section 5801 of the Welfare and Institutions Code is amended to read:5801.
(a) A system of care for adults and older adults with severe mental illness results in the highest benefit to the client, family, and community while ensuring that the public sector meets its legal responsibility and fiscal liability at the lowest possible cost.SEC. 43.
Section 5802 of the Welfare and Institutions Code is amended to read:5802.
(a) The Legislature finds that a mental health system of care for adults and older adults with severe and persistent mental illness is vital for successful management of mental health care in California. Specifically:SEC. 44.
Section 5806 of the Welfare and Institutions Code is amended to read:5806.
The State Department of Health Care Services shall establish service standards that ensure that members of the target population are identified, and services provided to assist them to live independently, work, and reach their potential as productive citizens. The department shall provide annual oversight of grants issued pursuant to this part for compliance with these standards. These standards shall include, but are not limited to, all of the following:SEC. 45.
Section 5814 of the Welfare and Institutions Code is amended to read:5814.
(a) (1) This part shall be implemented only to the extent that funds are appropriated for purposes of this part. To the extent that funds are made available, the first priority shall go to maintain funding for the existing programs that meet adult system of care contract goals. The next priority for funding shall be given to counties with a high incidence of persons whoSEC. 46.
Section 5814.5 of the Welfare and Institutions Code is amended to read:5814.5.
(a) (1) In any year in which funds are appropriated for this purpose through the annual Budget Act, counties funded under this part in the 1999–2000 fiscal year are eligible for funding to continue their programs if they have successfully demonstrated the effectiveness of their grants received in that year and to expand their programs if they also demonstrate significant continued unmet need and capacity for expansion without compromising quality or effectiveness of care.SEC. 47.
Section 5840 of the Welfare and Institutions Code is amended to read:5840.
(a) The State Department of Health Care Services, in coordination with counties, shall establish a program designed to prevent mentalSEC. 48.
Section 5846 of the Welfare and Institutions Code is amended to read:5846.
(a) The commission shall adopt regulations for programs and expenditures pursuant to Part 3.2 (commencing with Section 5830), for innovative programs, and Part 3.6 (commencing with Section 5840), for prevention and early intervention.SEC. 49.
Section 5851 of the Welfare and Institutions Code is amended to read:5851.
(a) The Legislature finds and declares that there is no comprehensive county interagency system throughout California for the delivery of mental health services toSEC. 50.
Section 5852.5 of the Welfare and Institutions Code is amended to read:5852.5.
The State Department of Health Care Services, in consultation with the Mental Health Services Oversight and AccountabilitySEC. 51.
Section 5855 of the Welfare and Institutions Code is amended to read:5855.
The State Department of Health Care Services shall adopt as part of its overall mission the development of community-based, comprehensive, interagency systems of care that targetSEC. 52.
Section 5856 of the Welfare and Institutions Code is amended to read:5856.
For the purposes of this part,SEC. 53.
Section 5856.2 of the Welfare and Institutions Code is amended to read:5856.2.
(a)SEC. 54.
Section 5860 of the Welfare and Institutions Code is amended to read:5860.
(a) Final selection of county proposals shall be subject to the amount of funding approved for expansion of services under this part.SEC. 55.
Section 5878.1 of the Welfare and Institutions Code is amended to read:5878.1.
(a) It is the intent of this article to establish programs that ensure services will be provided toSEC. 56.
Section 5878.2 of the Welfare and Institutions Code is amended to read:5878.2.
For purposes of this article,SEC. 57.
Section 5878.3 of the Welfare and Institutions Code is amended to read:5878.3.
(a) Subject to the availability of funds as determined pursuant to Part 4.5 (commencing with Section 5890) of this division, county mental health programs shall offer services toSEC. 58.
Section 5880 of the Welfare and Institutions Code is amended to read:5880.
For each selected county the State Department of Health Care Services shall define and establish client and cost outcome and other system performance goals, and negotiate the expected levels of attainment for each year of participation. Expected levels of attainment shall include a breakdown by ethnic origin and shall be identified by a county in its proposal. These goals shall include, but not be limited to, both of the following:SEC. 59.
Section 5886 of the Welfare and Institutions Code is amended to read:5886.
(a) The Mental Health Student Services Act is hereby established as a mental health partnership grant program for the purpose of establishing mental health partnerships between a county’s mental health or behavioral health departments and school districts, charter schools, and the county office of education within the county.SEC. 60.
Section 5900 of the Welfare and Institutions Code is amended to read:5900.
This part is intended to organize and finance mental health services in skilled nursing facilities designated as institutions for mental disease, in a way that will promote the well-being of the residents. It is furthermore intended to effectively utilize existing resources in the delivery of mental health services toSEC. 61.
Section 5903 of the Welfare and Institutions Code is amended to read:5903.
(a) For the purposes of this section, the following definitions shall apply:SEC. 62.
Section 5909 of the Welfare and Institutions Code is amended to read:5909.
(a) The Director of Health Care Services shall retain the authority and responsibility to monitor and approve special treatment programs in skilled nursing facilities in accordance with Sections 72443 to 72475, inclusive, of Title 22 of the California Code of Regulations.SEC. 63.
Section 6552 of the Welfare and Institutions Code is amended to read:6552.
A minor who has been declared to be within the jurisdiction of the juvenile court may, with the advice of counsel, make voluntary application for inpatient or outpatient mental health services in accordance with Section 5003. NotwithstandingSEC. 64.
Section 18986.40 of the Welfare and Institutions Code is amended to read:18986.40.
(a) For the purposes of this chapter, “program” or “integrated children’s services programs” means a coordinated children’s service system, operating as a program that is part of a department or State Department of Health Care Services initiative, that offers a full range of integrated behavioral social, health, and mental health services, including applicable educational services, to(a)The State Department of State Hospitals shall encourage counties to use state hospital facilities, in addition to utilizing state hospital beds pursuant to contract, for additional treatment programs through contracts, on either an individual county or regional basis.
(b)For purposes of contracts entered into through the department’s encouragement pursuant to subdivision (a), costs shall be based on the actual costs to the state, and shall be prorated on an annual lease basis.