Bill Text: CA AB2853 | 2021-2022 | Regular Session | Amended
Bill Title: Mental health: involuntary holds.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2022-04-20 - Re-referred to Com. on JUD. [AB2853 Detail]
Download: California-2021-AB2853-Amended.html
|
Amended
IN
Assembly
April 19, 2022 |
CALIFORNIA LEGISLATURE—
2021–2022 REGULAR SESSION
Assembly Bill
No. 2853
| Introduced by Assembly Member Lackey (Principal coauthor: Assembly Member Waldron) |
February 18, 2022 |
An act to amend Section 5400 of the Welfare and Institutions Code, relating to mental health.
LEGISLATIVE COUNSEL'S DIGEST
AB 2853, as amended, Lackey.
Mental health: involuntary holds.
Existing law, the Lanterman-Petris-Short Act, provides for the involuntary commitment and treatment of a person who is a danger to themselves or others or who is gravely disabled. Existing law also provides for a conservator of the person or estate to be appointed for a person who is gravely disabled. Existing law requires the Director of Health Care Services to administer the act and adopt rules, regulations, and standards, as necessary.
This bill would also require the State Department of Health Care Services to establish seek input from stakeholders, as specified, for the purpose of establishing guidelines for the application of the
Lanterman-Petris-Short Act to ensure that it is uniformly applied by counties, including, at a minimum, an explanation of how to determine if a person meets the definition of gravely disabled and if a person is a danger to themselves or others. The bill would also require the department to
establish a maximum period of time for which a person may be detained for an evaluation to determine if the person should be taken into custody for a 72-hour involuntary commitment.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 5400 of the Welfare and Institutions Code is amended to read:5400.
(a) The Director of Health Care Services shall administer this part and shall adopt rules, regulations, and standards as necessary. In developing rules, regulations, and standards, the Director of Health Care Services shall consult with the County Behavioral Health Directors Association of California, the California Behavioral Health Planning Council, and the office of the Attorney General. Adoption of these standards, rules, and regulations shall require approval by the County Behavioral Health Directors Association of California by majority vote of those present at an official session.(b) Wherever feasible and appropriate, rules, regulations, and standards adopted under this part shall
correspond to comparable rules, regulations, and standards adopted under the
Bronzan-McCorquodale Act. These corresponding rules, regulations, and standards shall include qualifications for professional personnel.
(c) Regulations adopted pursuant to this part may provide standards for services for persons with chronic alcoholism that differ from the standards for services for persons with mental health disorders.
(d) (1)The State Department of Health Care Services shall establish
seek input from stakeholders for the purpose of establishing guidelines for the application of this part to ensure that it is uniformly applied by counties. The guidelines shall include, at a minimum, an explanation of how to determine if a person meets the definition of gravely disabled, as that term is defined in Section 5008, and if a person is a danger to themselves or others. Stakeholders shall include but not be limited to the following: the County Behavioral Health Directors Association of California, the California Behavioral Health Planning Council, the Department of Justice, the Judicial Council, CalVoices, the National Alliance on Mental Illness, Disability Rights California, the California Police Chiefs Association, the California Hospital Association, and other behavioral health, patient advocacy, peer, community, consumer and law
enforcement groups, and others as determined appropriate by the director.
(2)The department shall also establish a maximum period of time
for which a person may be detained for an evaluation to determine if the person should be taken into custody pursuant to subdivision (a) of Section 5150.
