Bill Text: CA AB987 | 2013-2014 | Regular Session | Amended
Bill Title: Mental health: conservatorship hearings for the gravely disabled.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-02-03 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB987 Detail]
Download: California-2013-AB987-Amended.html
BILL NUMBER: AB 987 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JANUARY 6, 2014
AMENDED IN ASSEMBLY APRIL 1, 2013
AMENDED IN ASSEMBLY MARCH 21, 2013
INTRODUCED BY Assembly Member Maienschein
FEBRUARY 22, 2013
An act to add Article 2.5 (commencing with Section
128300) of Chapter 4 of Part 3 of Division 107 of the Health and
Safety Code, relating to health professions. amend
Section 5352 of the Welfare and Institutions Code, relating to mental
health.
LEGISLATIVE COUNSEL'S DIGEST
AB 987, as amended, Maienschein. Personal and Home Care
Aide training program. Mental health: conservatorship
hearings for the gravely disabled.
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. 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. Existing law requires the officer
providing conservatorship investigation, when he or she concurs with
the recommendation, to petition the superior court in the patient's
county of residence for a conservatorship.
This bill would instead require the officer providing
conservatorship investigation to petition the superior court for a
conservatorship for a gravely disabled person whenever the
professional person in charge of an agency providing comprehensive
evaluation or a facility providing intensive treatment recommends
conservatorship for a gravely disabled person. 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.
Existing law requires the Office of Statewide Health Planning and
Development to prepare a Health Manpower Plan for California.
Existing law also provides various programs to develop the health
care workforce.
This bill would require the Secretary of State and Consumer
Services to submit an application on behalf of the state to the
federal Department of Health and Human Services to receive a 3-year
grant to establish a Personal and Home Care Aide training program, as
specified, that would include opportunities for honorably discharged
veterans in California.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 5352 of the Welfare
and Institutions Code is amended to read:
5352. (a) When 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 admitting him or her 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
that facility, if both of the following
conditions are met: (a) the
(1) The professional person or
another professional person designated by him or her has
examined and evaluated the person and determined that he or she
is gravely disabled; (b) the 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.
If
(c) If the professional person in
charge of an agency providing comprehensive evaluation of a facility
providing intensive treatment recommends conservatorship, the
officer providing conservatorship investigation concurs with
the recommendation, he shall petition the superior court
in the patient's county of residence of the
patient to establish conservatorship.
Where
(d) Where temporary
conservatorship is indicated, the 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. 2. 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.
SECTION 1. Article 2.5 (commencing with Section
128300) is added to Chapter 4 of Part 3 of Division 107 of the Health
and Safety Code, to read:
Article 2.5. Personal and Home Care Aide Training Program
128300. (a) The Secretary of State and Consumer Services shall
submit an application on behalf of the state to the federal
Department of Health and Human Services to receive a three-year grant
to establish a Personal and Home Care Aide training program, as
provided in Sections 4002 and 5507(b) of the federal Patient
Protection and Affordable Care Act (Public Law 111-148).
(b) The secretary shall write the application so that the program
includes opportunities for honorably discharged veterans in
California to be hired in the training program.
