Find Legal Information

11772

HEALTH AND SAFETY CODE
SECTION 11772

11772.  (a) (1) The department may enter into agreements and
contracts with any person or public or private agency, corporation,
or other legal entity, including contracts to pay these entities in
advance or reimburse them for alcohol and other drug services
provided to alcohol and other drug abusers and their families and
communities.
   (2) The department may make grants to public and private entities
that are necessary or incidental to the performance of its duties and
the execution of its powers. The department may pay these entities
in advance or reimburse them for services provided.
   (3) The Legislature directs the department to contract with any
person or public or private agency, corporation, or other legal
entity to perform its duties whenever that expertise is available and
appropriate to utilize.
   (b) Notwithstanding any other provision of this part, the
department may not contract directly for the provision of alcohol and
other drug services except as follows:
   (1) To provide referral and monitoring services for recipients of
Supplemental Security Income in those counties that choose not to
provide these services.
   (2) For demonstration programs of limited duration and scope,
which programs, wherever possible, shall be administered through the
counties, and which shall be specifically authorized and funded by
the Budget Act or other statutes.
   (3) To provide supportive services, such as technical assistance,
on a statewide basis, or management and evaluation studies to help
assure more effective implementation of this part.
   (c) The Legislature strongly encourages all counties to apply for
funds under this part because of the seriousness of alcohol and other
drug problems in California and the necessity for affirmative
governmental involvement to help alleviate alcohol and other drug
problems. However, the Legislature has chosen not to mandate that
counties provide those services and programs. In the absence of local
community control of the services and programs, the state shall not
intervene to operate, directly or through contract, services and
programs that the elected county board of supervisors has chosen not
to provide to its constituents.