7500-7518
WELFARE AND INSTITUTIONS CODE
SECTION 7500-7518
7500. There are established in the state the following state
hospitals for the care and treatment of the developmentally disabled:
(a) Sonoma State Hospital, in Sonoma County.
(b) Lanterman State Hospital, in Los Angeles County.
(c) Porterville State Hospital, in Tulare County.
(d) Fairview State Hospital, in Orange County.
(e) Agnews State Hospital, in Santa Clara County.
(f) Stockton State Hospital, in San Joaquin County.
(g) Camarillo State Hospital, in Ventura County.
Wherever in this code or in any provision of statute heretofore or
hereafter enacted the term "home for the feebleminded," "home for
the mentally deficient," "state hospital for the mentally deficient,"
or "state hospital for the mentally retarded" is used, it shall be
construed to refer to and mean "state hospital for the
developmentally disabled."
7501. (a) The Department of General Services, in cooperation with
the State Department of Developmental Services and the State
Department of Mental Health, may sell or lease property within the
boundaries of Camarillo State Hospital described in subdivision (b)
to Ventura County which shall sublet the property to a nonprofit
organization for the purpose of constructing and operating a children'
s crisis care center to provide an alternative to emergency shelter
home placement. The facility shall provide for an interagency program
for the delivery of medical, educational, and mental health
screening, crisis intervention, short-term mental health treatment,
and case management services for children who are removed from their
families due to abuse, neglect, abandonment, sexual molestation, or
who are in acute mental health crisis requiring short-term
nonhospital care and supervision described in subdivision (c).
(b) (1) The property is a 22.8 acre portion of Rancho Guadalasca,
in the County of Ventura, State of California, as described in the
Letters of Patent dated September 1, 1873, recorded in Book 1, Page
153 of Patents, in the office of the County Recorder of the county
and described as follows:
Beginning at the northwesterly terminus of the Fourth Course of
that parcel described in the deed recorded on June 9, 1932, in Book
358, Page 371 of Official Records, in said Recorder's Office; thence,
along said Fourth Course,
South 47*23'33" East 1150.00 feet to
the northeasterly
terminus of the 38th Course of Parcel 1
1st -- described in the
deed recorded on April 17, 1973, in
Book 4101, Page 237
of said Official Records; thence, along
said 38th Course,
South 42*37'00" West 1026.00 feet;
2nd -- thence, parallel with
the First Course herein,
North 47*23'33" West 800.00 feet;
3rd -- thence, parallel with
the Second Course herein,
North 42*37'00" East 666.00 feet;
4th -- thence, parallel with
the First Course herein,
North 47*23'33" West 350.00 feet to the
intersection with
5th -- the Third Course of said parcel
described in the deed
recorded in Book 358, Page 371 of said
Official Records;
thence, along said Third Course,
6th -- North 42*37'00" East 360.00 feet to the
point of beginning.
(2) Notwithstanding any other provision of this section, if the
parcel described in this subdivision is purchased or leased from the
state, 50 percent of the proceeds shall accrue to the State
Department of Mental Health and 50 percent to the Department of
Developmental Services.
(3) The Department of General Services may enter into a sale or
lease at less than fair market value. The department is authorized to
lease the parcel for not less than 40, but not more than 99 years.
(c) Any of the following children are eligible for placement in
the children's crisis care center:
(1) Any child who has been placed in protective custody and
legally detained under Section 300 as a victim of abuse, neglect, or
abandonment. The child shall be one day through 17 years of age. An
infant born suffering from the result of perinatal substance abuse,
or an infant who requires shelter care because of physical abuse
resulting in a cast on the arm or leg shall also be eligible.
(2) Any dependent minor of the juvenile court whose placement has
been disrupted, and who is in need of temporary placement, as well as
crisis intervention and assessment services.
(3) Any voluntarily placed emotionally disturbed child in crisis
as determined appropriate by the mental health case manager. The
purpose of this placement is to deescalate the crisis, provide
assessment and diagnostic services for a recommendation of
appropriate treatment and ongoing placement, and to reduce the
utilization of private or state psychiatric hospitalization.
(4) Any eligible child who is a resident of any county in
California, subject to the availability of space.
7501.5. (a) The Department of General Services, in cooperation with
the State Department of Developmental Services and the State
Department of Mental Health, may lease property within the boundaries
of Camarillo State Hospital described in subdivision (c) to Ventura
County, which may sublet the property to one or more responsible
organizations selected by Ventura County for the purposes of
constructing housing or operating residential care services, or both,
designed to meet the identified treatment and rehabilitation needs
of mentally disordered persons from Ventura County. The lease between
the state and Ventura County shall contain a provision that requires
that the lease shall terminate and that full title, possession, and
control of the property shall return to the state if permits have not
been issued for construction of the housing prior to January 1,
1995. The sublease between Ventura County and the responsible bidder
shall contain a provision that requires that permits for construction
of the housing be issued prior to January 1, 1995, and shall contain
a provision that requires that the sublease shall terminate and full
title, possession, and control of the property shall return to the
state if permits have not been issued for construction of the housing
prior to January 1, 1995.
(b) In selecting a service provider pursuant to subdivision (a),
Ventura County shall only consider a sublease with organizations that
comply with subdivision (b) of Section 5705 and Section 523 of Title
9 of the California Code of Regulations.
(c) (1) The property consists of a 15 plus acre portion of a 58.5
acre parcel at Camarillo State Hospital that has previously been
declared surplus by the State Department of Developmental Services.
The acreage is on Lewis Road at the entrance to Camarillo State
Hospital. Specific metes and bounds shall be established for the 15
plus acre parcel prior to the actual lease of the property.
(2) The Department of General Services may enter into a lease at
less than fair market value. The department is authorized to lease
the parcel for not less than 40, and not more than 99, years.
(d) If there is available space, mentally disordered persons from
Los Angeles, San Luis Obispo, and Santa Barbara Counties may be
eligible for placement at this center if an agreement to that effect
is entered into between those counties and Ventura County. The
agreement shall specify that Los Angeles, San Luis Obispo, and Santa
Barbara Counties shall retain responsibility for monitoring and
maintenance of mentally disordered persons placed through those
agreements and for payment of costs incurred or services rendered by
Ventura County.
7502. The state institution, the site for which was provided for by
an appropriation made by Chapter 28 of the 55th (Fourth
Extraordinary Session) Session of the Legislature, shall be known as
Porterville State Hospital and shall be used for epileptics who are
developmentally disabled and for other developmentally disabled
patients.
7502.5. The total number of developmental center residents in the
secure treatment facility at Porterville Developmental Center,
including those residents receiving services in the Porterville
Developmental Center transition treatment program, shall not exceed
297.
7503. The object of each hospital is such care, treatment,
habilitation, training, and education of the persons committed
thereto as will render them more comfortable and happy and better
fitted to care for and support themselves.
7504. Except as otherwise provided in this chapter the provisions
on state institutions in Chapter 2 (commencing with Section 4100) of
Part 1 of Division 5 of this code shall apply to the state hospitals
for the developmentally disabled.
7506. The primary purpose of each hospital for the developmentally
disabled shall be the care, treatment and habilitation of those
patients found suitable and duly admitted.
7507. Subject to the provisions of Section 6509, each state
hospital for the developmentally disabled shall admit persons duly
committed or transferred thereto in accordance with law.
7509. The State Department of Mental Health and the State
Department of Developmental Services shall prescribe and publish
instructions and forms, in relation to the commitment and admission
of patients, and may include in them such interrogatories as it deems
necessary or useful. Such instructions and forms shall be furnished
to anyone applying therefor, and shall also be sent in sufficient
numbers to the county clerks of the several counties of the state.
7513. Each developmentally disabled person and his or her estate
shall pay the State Department of Developmental Services for the cost
of such person's care and treatment as defined in Section 4431 while
in a state hospital and while on leave of absence at state expense,
less the sums payable therefor by the county. The provisions of
Sections 7513.1 and 7513.2 shall govern the assessment, cancellation,
collection, and remission of charges for such care and treatment.
This section shall not be construed to impose any liability on the
parents of developmentally disabled persons.
7513.1. The charge for the care and treatment of all
developmentally disabled persons at state hospitals for the
developmentally disabled for whom there is liability to pay therefor
shall be determined pursuant to Section 4431. The Director of
Developmental Services may reduce, cancel, or remit the amount to be
paid by the person, estate, or the relative, as the case may be,
liable for the care and treatment of any developmentally disabled
person who is a patient at a state hospital for the developmentally
disabled, on satisfactory proof that the person, estate, or relative,
as the case may be, is unable to pay the cost of such care and
treatment or that the amount is uncollectible. In any case where
there has been a payment under this section, and such payment or any
part thereof is refunded because of the death, leave of absence, or
discharge of any patient of such hospital, such amount shall be paid
by the hospital or the State Department of Developmental Services to
the person who made the payment upon demand, and in the statement to
the Controller the amounts refunded shall be itemized and the
aggregate deducted from the amount to be paid into the State
Treasury, as provided by law. If any person dies at any time while
his or her estate is liable for his or her care and treatment at a
state hospital, the claim for the amount due may be presented to the
executor or administrator of his or her estate, and paid as a
preferred claim, with the same rank in order of preference, as claims
for expenses of last illness.
7513.2. The State Department of Developmental Services shall
collect all the costs and charges mentioned in Section 7513 and may
take such action as is necessary to effect their collection within or
without the state. The Director of Developmental Services may,
however, at his or her discretion, refuse to accept payment of
charges for the care and treatment in a state hospital of any
developmentally disabled person who is eligible for deportation by
the federal immigration authorities.
7514. The State Department of Developmental Services may transfer
any patient of a state hospital for the developmentally disabled to
another state hospital for the developmentally disabled, at any time
and from time to time, upon the application of the parent, guardian,
conservator, or other person charged with the support of such
patient, if the expenses of the transfer are paid by the applicant.
The liability of any estate, person, or county for the care, support
and maintenance of such patient in the institution to which he is
transferred shall be the same as if he had originally been committed
to such institution.
7515. The medical director may, with the approval of the department
having jurisdiction, cause the peremptory discharge of any person
who has been a patient for the period of one month.
7516. Nothing in this division contained interferes with or affects
the status of such patients as are now in the Sonoma State Hospital
under terms of life tenure.
7518. In accordance with this section, the medical director of a
state hospital with programs for developmentally disabled patients,
as defined in Section 4512, may give consent to medical, dental, and
surgical treatment of a minor developmentally disabled patient of the
hospital and provide for such treatment to be given to the patient.
If the patient's parent, guardian, or conservator legally
authorized to consent to such treatment, does not respond within a
reasonable time to the request of the medical director for the
granting or denying of consent for such treatment, the medical
director may consent, on behalf of the patient, to such treatment and
provide for such treatment to be given to the patient.
If the patient has no parent, guardian, or conservator legally
authorized to consent to medical, dental, or surgical treatment on
behalf of the patient, the medical director may consent to such
treatment on behalf of the patient and provide for such treatment to
be given to the patient. The medical director may immediately
thereupon also request the appropriate regional center for the
developmentally disabled to initiate or cause to be initiated
proceedings for the appointment of a guardian or conservator legally
authorized to consent to medical, dental, or surgical treatment.
If the patient is an adult and has no conservator, consent to
treatment may be given by someone other than the patient on the
patient's behalf only if the patient is mentally incapable of giving
his own consent.