Bill Text: CA SB982 | 2015-2016 | Regular Session | Introduced

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

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Bill Title: State Department of Developmental Services: developmental centers.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2016-09-24 - Chaptered by Secretary of State. Chapter 586, Statutes of 2016. [SB982 Detail]

Download: California-2015-SB982-Introduced.html

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BILL NUMBER: SB 982	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator McGuire

                        FEBRUARY 10, 2016

   An act to amend Section 416.7 of the Health and Safety Code,
relating to conservatorship and guardianship.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 982, as introduced, McGuire. Developmentally disabled persons:
conservatorships and guardianships.
   Existing law authorizes the Director of Developmental Services,
upon nomination and acceptance, to be appointed as either guardian or
conservator of the person or estate, or both, of a developmentally
disabled person. Existing law provides that the director may petition
for his appointment to act as conservator or guardian in the
superior court of the county where the main administrative office of
the regional center serving the developmentally disabled person is
located.
   Existing law requires the alleged developmentally disabled person
to be present at the hearing if he or she is within the state and is
able to attend. Existing law provides that if he or she is unable to
attend the hearing by reason of physical or other inability, that
inability shall be evidenced by the affidavit or certificate of a
duly licensed medical practitioner, as specified. Existing law
requires that the affidavit or certificate be filed no later than 10
days prior to the time of the hearing.
   This bill would instead require the affidavit or certificate
described above to be filed no later than 5 days prior to the time of
the hearing. The bill would also make technical, nonsubstantive
changes to these provisions.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 416.7 of the Health and Safety Code is amended
to read:
   416.7.  If the alleged developmentally disabled person is within
the state and is able to attend, he  or she  shall be
present at the hearing. If he  or she  is unable to attend
by reason of physical or other inability,  such 
 that  inability shall be evidenced by the affidavit or
certificate of a duly licensed medical practitioner as provided in
Section 1825 of the Probate Code.  Such   The
 affidavit or certificate shall be filed no later than 
10   five business  days prior to the time of the
hearing.