5250-5259.3
WELFARE AND INSTITUTIONS CODE
SECTION 5250-5259.3
5250. If a person is detained for 72 hours under the provisions of
Article 1 (commencing with Section 5150), or under court order for
evaluation pursuant to Article 2 (commencing with Section 5200) or
Article 3 (commencing with Section 5225) and has received an
evaluation, he or she may be certified for not more than 14 days of
intensive treatment related to the mental disorder or impairment by
chronic alcoholism, under the following conditions:
(a) The professional staff of the agency or facility providing
evaluation services has analyzed the person's condition and has found
the person is, as a result of mental disorder or impairment by
chronic alcoholism, a danger to others, or to himself or herself, or
gravely disabled.
(b) The facility providing intensive treatment is designated by
the county to provide intensive treatment, and agrees to admit the
person. No facility shall be designated to provide intensive
treatment unless it complies with the certification review hearing
required by this article. The procedures shall be described in the
county Short-Doyle plan as required by Section 5651.3.
(c) The person has been advised of the need for, but has not been
willing or able to accept, treatment on a voluntary basis.
(d) (1) Notwithstanding paragraph (1) of subdivision (h) of
Section 5008, a person is not "gravely disabled" if that person can
survive safely without involuntary detention with the help of
responsible family, friends, or others who are both willing and able
to help provide for the person's basic personal needs for food,
clothing, or shelter.
(2) However, unless they specifically indicate in writing their
willingness and ability to help, family, friends, or others shall not
be considered willing or able to provide this help.
(3) The purpose of this subdivision is to avoid the necessity for,
and the harmful effects of, requiring family, friends, and others to
publicly state, and requiring the certification review officer to
publicly find, that no one is willing or able to assist the mentally
disordered person in providing for the person's basic needs for food,
clothing, or shelter.
5250.1. The professional person in charge of a facility providing
intensive treatment, pursuant to Section 5250 or 5270.15, or that
person's designee, shall notify the county mental health director, or
the director's designee, and the peace officer who made the original
written application for 72-hour evaluation pursuant to Section 5150
or a person who is designated by the law enforcement agency that
employs the peace officer, that the person admitted pursuant to the
application has been released unconditionally if all of the following
conditions apply:
(a) The peace officer has requested notification at the time he or
she makes the application for 72-hour evaluation.
(b) The peace officer has certified in writing at the time he or
she made the application that the person has been referred to the
facility under circumstances which, based upon an allegation of facts
regarding actions witnessed by the officer or another person, would
support the filing of a criminal complaint.
(c) The notice is limited to the person's name, address, date of
admission for 72-hour evaluation, date of certification for intensive
treatment, and date of release.
If a police officer, law enforcement agency, or designee of the
law enforcement agency, possesses any record of information obtained
pursuant to the notification requirements of this section, the
officer, agency, or designee shall destroy that record two years
after receipt of notification.
5251. For a person to be certified under this article, a notice of
certification shall be signed by two people. The first person shall
be the professional person, or his or her designee, in charge of the
agency or facility providing evaluation services. A designee of the
professional person in charge of the agency or facility shall be a
physician or a licensed psychologist who has a doctoral degree in
psychology and at least five years of postgraduate experience in the
diagnosis and treatment of emotional and mental disorders.
The second person shall be a physician or psychologist who
participated in the evaluation. The physician shall be, if possible,
a board certified psychiatrist. The psychologist shall be licensed
and have at least five years of postgraduate experience in the
diagnosis and treatment of emotional and mental disorders.
If the professional person in charge, or his or her designee, is
the physician who performed the medical evaluation or a psychologist,
the second person to sign may be another physician or psychologist
unless one is not available, in which case a licensed clinical social
worker or a registered nurse who participated in the evaluation
shall sign the notice of certification.
5252. A notice of certification is required for all persons
certified for intensive treatment pursuant to Section 5250 or
5270.15, and shall be in substantially the following form (strike out
inapplicable section):
The authorized agency providing evaluation
services in the
County of ________ has evaluated the condition of:
Name ____________________________________________
Address __________________________________________
Age ______________________________________________
Sex ______________________________________________
Marital status ___________________________________
We the undersigned allege that the above-named
person is, as a
result of mental disorder or impairment by
chronic alcoholism:
(1) A danger to
others.
(2) A danger to himself or herself.
(3) Gravely disabled as defined in paragraph (1)
of
subdivision
(h) or subdivision (l) of Section 5008 of the
Welfare and Institutions
Code.
The specific facts which form the basis for our
opinion that the
above-named person meets one or more of the
classifications indicated above are as follows:
(certifying persons to fill in blanks)
__________________________________________________
__________________________________________________
__________________________________________________
(Strike out all inapplicable classifications.)
The above-named person has been informed of this
evaluation,
and has been advised of the need for, but has not
been able or willing to accept treatment on a
voluntary basis, or to accept referral
to, the following services:
__________________________________________________
__________________________________________________
__________________________________________________
_________________________________________________
__________________________________________________
We, therefore, certify the above-named person to
receive intensive treatment related to the mental
disorder or impairment by
chronic alcoholism beginning this ____ day of ___,
19__,
(Month)
in the intensive treatment facility herein named
___________________________________.
___________________________________
(Date)
Signed
__________________________________________________
Signed ___________________________________________
Countersigned
__________________________________________________
(Representing
facility)
I hereby state that I delivered a copy of this
notice this day to the
above-named person and that I informed him or her
that unless judicial review is requested a
certification review hearing will be held
within four days of the date on which the person
is certified for a
period of intensive treatment and that an
attorney or advocate will
visit him or her to provide assistance in
preparing for the hearing
or to answer questions regarding his or her
commitment or to provide other assistance. The
court has been notified of this certification on
this day.
Signed ____________
5253. A copy of the certification notice shall be personally
delivered to the person certified, the person's attorney, or the
attorney or advocate designated in Section 5252. The person certified
shall also be asked to designate any person who is to be sent a copy
of the certification notice. If the person certified is incapable of
making this designation at the time of certification, he or she
shall be asked to designate a person as soon as he or she is capable.
5254. The person delivering the copy of the notice of certification
to the person certified shall, at the time of delivery, inform the
person certified that he or she is entitled to a certification review
hearing, to be held within four days of the date on which the person
is certified for a period of intensive treatment in accordance with
Section 5256 unless judicial review is requested, to determine
whether or not probable cause exists to detain the person for
intensive treatment related to the mental disorder or impairment by
chronic alcoholism. The person certified shall be informed of his or
her rights with respect to the hearing, including the right to the
assistance of another person to prepare for the hearing or to answer
other questions and concerns regarding his or her involuntary
detention or both.
5254.1. The person delivering the copy of the notice of
certification to the person certified shall, at the time of delivery,
inform the person certified of his or her legal right to a judicial
review by habeas corpus, and shall explain that term to the person
certified, and inform the person of his or her right to counsel,
including court-appointed counsel pursuant to Section 5276.
5255. As soon after the certification as practicable, an attorney
or patient advocate shall meet with the person certified to discuss
the commitment process and to assist the person in preparing for the
certification review hearing or to answer questions or otherwise
assist the person as is appropriate.
5256. When a person is certified for intensive treatment pursuant
to Sections 5250 and 5270.15, a certification review hearing shall be
held unless judicial review has been requested as provided in
Sections 5275 and 5276. The certification review hearing shall be
within four days of the date on which the person is certified for a
period of intensive treatment unless postponed by request of the
person or his or her attorney or advocate. Hearings may be postponed
for 48 hours or, in counties with a population of 100,000 or less,
until the next regularly scheduled hearing date.
5256.1. The certification review hearing shall be conducted by
either a court-appointed commissioner or a referee, or a
certification review hearing officer. The certification review
hearing officer shall be either a state qualified administrative law
hearing officer, a medical doctor, a licensed psychologist, a
registered nurse, a lawyer, a certified law student, a licensed
clinical social worker, or a licensed marriage and family therapist.
Licensed psychologists, licensed clinical social workers, licensed
marriage and family therapists, and registered nurses who serve as
certification review hearing officers shall have had a minimum of
five years' experience in mental health. Certification review hearing
officers shall be selected from a list of eligible persons
unanimously approved by a panel composed of the local mental health
director, the county public defender, and the county counsel or
district attorney designated by the county board of supervisors. No
employee of the county mental health program or of any facility
designated by the county and approved by the State Department of
Mental Health as a facility for 72-hour treatment and evaluation may
serve as a certification review hearing officer.
The location of the certification review hearing shall be
compatible with, and least disruptive of, the treatment being
provided to the person certified. In addition, hearings conducted by
certification review officers shall be conducted at an appropriate
place at the facility where the person certified is receiving
treatment.
5256.2. At the certification review hearing, the evidence in
support of the certification decision shall be presented by a person
designated by the director of the facility. In addition, either the
district attorney or the county counsel may, at his or her
discretion, elect to present evidence at the certification review
hearing.
5256.3. The person certified shall be present at the certification
review hearing unless he or she, with the assistance of his or her
attorney or advocate, waives his or her right to be present at a
hearing.
5256.4. (a) At the certification review hearing, the person
certified shall have the following rights:
(1) Assistance by an attorney or advocate.
(2) To present evidence on his or her own behalf.
(3) To question persons presenting evidence in support of the
certification decision.
(4) To make reasonable requests for the attendance of facility
employees who have knowledge of, or participated in, the
certification decision.
(5) If the person has received medication within 24 hours or such
longer period of time as the person conducting the hearing may
designate prior to the beginning of the hearing, the person
conducting the hearing shall be informed of that fact and of the
probable effects of the medication.
(b) The hearing shall be conducted in an impartial and informal
manner in order to encourage free and open discussion by
participants. The person conducting the hearing shall not be bound by
rules of procedure or evidence applicable in judicial proceedings.
(c) Reasonable attempts shall be made by the mental health
facility to notify family members or any other person designated by
the patient, of the time and place of the certification hearing,
unless the patient requests that this information not be provided.
The patient shall be advised by the facility that is treating the
patient that he or she has the right to request that this information
not be provided.
(d) All evidence which is relevant to establishing that the person
certified is or is not as a result of mental disorder or impairment
by chronic alcoholism, a danger to others, or to himself or herself,
or gravely disabled, shall be admitted at the hearing and considered
by the hearing officer.
(e) Although resistance to involuntary commitment may be a product
of a mental disorder, this resistance shall not, in itself, imply
the presence of a mental disorder or constitute evidence that a
person meets the criteria of being dangerous to self or others, or
gravely disabled.
5256.5. If at the conclusion of the certification review hearing
the person conducting the hearing finds that there is not probable
cause to believe that the person certified is, as a result of a
mental disorder or impairment by chronic alcoholism, a danger to
others, or to himself or herself, or gravely disabled, then the
person certified may no longer be involuntarily detained. Nothing
herein shall prohibit the person from remaining at the facility on a
voluntary basis or the facility from providing the person with
appropriate referral information concerning mental health services.
5256.6. If at the conclusion of the certification review hearing
the person conducting the hearing finds that there is probable cause
that the person certified is, as a result of a mental disorder or
impairment by chronic alcoholism, a danger to others, or to himself
or herself, or gravely disabled, then the person may be detained for
involuntary care, protection, and treatment related to the mental
disorder or impairment by chronic alcoholism pursuant to Sections
5250 and 5270.15.
5256.7. The person certified shall be given oral notification of
the decision at the conclusion of the certification review hearing.
As soon thereafter as is practicable, the attorney or advocate for
the person certified and the director of the facility where the
person is receiving treatment shall be provided with a written
notification of the decision, which shall include a statement of the
evidence relied upon and the reasons for the decision. The attorney
or advocate shall notify the person certified of the certification
review hearing decision and of his or her rights to file a request
for release and to have a hearing on the request before the superior
court as set forth in Article 5 (commencing with Section 5275). A
copy of the decision and the certification made pursuant to Section
5250 or 5270.15 shall be submitted to the superior court.
5256.8. The requirement that there is a certification review
hearing in accordance with this article shall apply only to persons
certified for intensive treatment on or after January 1, 1983.
5257. (a) During the period of intensive treatment pursuant to
Section 5250 or 5270.15, the person's involuntary detention shall be
terminated and the person shall be released only if the psychiatrist
directly responsible for the person's treatment believes, as a result
of the psychiatrist's personal observations, that the person
certified no longer is, as a result of mental disorder or impairment
by chronic alcoholism, a danger to others, or to himself or herself,
or gravely disabled. However, in those situations in which both a
psychiatrist and psychologist have personally evaluated or examined a
person who is undergoing intensive treatment and there is a
collaborative treatment relationship between the psychiatrist and the
psychologist, either the psychiatrist or psychologist may authorize
the release of the person, but only after they have consulted with
one another. In the event of a clinical or professional disagreement
regarding the early release of a person who is undergoing intensive
treatment, the person may not be released unless the facility's
medical director overrules the decision of the psychiatrist or
psychologist opposing the release. Both the psychiatrist and
psychologist shall enter their findings, concerns, or objections into
the person's medical record. If any other professional person who is
authorized to release the person believes the person should be
released during the designated period of intensive treatment, and the
psychiatrist directly responsible for the person's treatment
objects, the matter shall be referred to the medical director of the
facility for the final decision. However, if the medical director is
not a psychiatrist, he or she shall appoint a designee who is a
psychiatrist. If the matter is referred, the person shall be released
during the period of intensive treatment only if the psychiatrist
making the final decision believes, as a result of the psychiatrist's
personal observations, that the person certified no longer is, as a
result of mental disorder or impairment by chronic alcoholism, a
danger to others, or to himself or herself, or gravely disabled.
Nothing herein shall prohibit the person from remaining at the
facility on a voluntary basis or prevent the facility from providing
the person with appropriate referral information concerning mental
health services.
(b) A person who has been certified for a period of intensive
treatment pursuant to Section 5250 shall be released at the end of 14
days unless the patient either:
(1) Agrees to receive further treatment on a voluntary basis.
(2) Is certified for an additional 14 days of intensive treatment
pursuant to Article 4.5 (commencing with Section 5260).
(3) Is certified for an additional 30 days of intensive treatment
pursuant to Article 4.7 (commencing with Section 5270.10).
(4) Is the subject of a conservatorship petition filed pursuant to
Chapter 3 (commencing with Section 5350).
(5) Is the subject of a petition for postcertification treatment
of a dangerous person filed pursuant to Article 6 (commencing with
Section 5300).
(c) The amendments to this section made by Assembly Bill 348 of
the 2003-04 Regular Session shall not be construed to revise or
expand the scope of practice of psychologists, as defined in Chapter
6.6 (commencing with Section 2900) of Division 2 of the Business and
Professions Code.
5258. After the involuntary detention has begun, the total period
of detention, including intervening periods of voluntary treatment,
shall not exceed the total maximum period during which the person
could have been detained, if the person had been detained
continuously on an involuntary basis, from the time of initial
involuntary detention.
5259. Nothing in this article shall prohibit the professional
person in charge of a treatment facility, or his or her designee,
from permitting a person certified for intensive treatment to leave
the facility for short periods during the person's involuntary
additional treatment.
5259.1. Any individual who is knowingly and willfully responsible
for detaining a person in violation of the provisions of this article
is liable to that person in civil damages.
5259.2. Whenever a county designates two or more facilities to
provide treatment, and the person to be treated, his or her family,
conservator, or guardian expresses a preference for one of these
facilities, the professional person certifying the person to be
treated shall attempt, if administratively possible, to comply with
the preference.
5259.3. (a) Notwithstanding Section 5113, if the provisions of
Section 5257 have been met, the professional person in charge of the
facility providing intensive treatment, his or her designee, the
medical director of the facility or his or her designee described in
Section 5257, the psychiatrist directly responsible for the person's
treatment, or the psychologist shall not be held civilly or
criminally liable for any action by a person released before the end
of 14 days pursuant to this article.
(b) The professional person in charge of the facility providing
intensive treatment, his or her designee, the medical director of the
facility or his or her designee described in Section 5257, the
psychiatrist directly responsible for the person's treatment, or the
psychologist shall not be held civilly or criminally liable for any
action by a person released at the end of the 14 days pursuant to
this article.
(c) The attorney or advocate representing the person, the
court-appointed commissioner or referee, the certification review
hearing officer conducting the certification review hearing, and the
peace officer responsible for the detainment of the person shall not
be civilly or criminally liable for any action by a person released
at or before the end of 14 days pursuant to this article.
(d) The amendments to this section made by Assembly Bill 348 of
the 2003-04 Regular Session shall not be construed to revise or
expand the scope of practice of psychologists, as defined in Chapter
6.6 (commencing with Section 2900) of Division 2 of the Business and
Professions Code.