CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 1352Introduced by Assembly Member WaldronFebruary 22, 2019 An act to amend Section 5604 of the Welfare and Institutions Code, relating to mental health. LEGISLATIVE COUNSEL'S DIGESTAB 1352, as introduced, Waldron. Community mental health services: board.Existing law, the Bronzan-McCorquodale Act, governs the organization and financing of community mental health services for persons with mental disorders in every county through locally administered and locally controlled community mental health programs. Existing law generally requires each community mental health service to have a mental health board consisting of 10 to 15 members who are appointed by the governing body, and encourages counties to appoint individuals who have experience with and knowledge of the mental health system.This bill would make technical, nonsubstantive changes to those provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 5604 of the Welfare and Institutions Code is amended to read:5604. (a) (1) Each community mental health service shall have a mental health board consisting of 10 to 15 members, depending on the preference of the county, appointed by the governing body, except that boards in counties with a population of less fewer than 80,000 people may have a minimum of five members. One member of the board shall be a member of the local governing body. Any A county with more than five supervisors shall have at least the same number of members as the size of its board of supervisors. Nothing in this section shall be construed to This section does not limit the ability of the governing body to increase the number of members above 15. Local mental health boards may recommend appointees to the county supervisors. Counties are encouraged to appoint individuals who have experience with and knowledge of the mental health system. The board membership should reflect the ethnic diversity of the client population in the county.(2) Fifty percent of the board membership shall be consumers, or the parents, spouses, siblings, or adult children of consumers, who are receiving or have received mental health services. At least 20 percent of the total membership shall be consumers, and at least 20 percent shall be families of consumers.(3) (A) In counties under with a population of fewer than 80,000 population, people, at least one member shall be a consumer, and at least one member shall be a parent, spouse, sibling, or adult child of a consumer, who is receiving, or has received, mental health services.(B) Notwithstanding subparagraph (A), a board in a county with a population under of fewer than 80,000 people that elects to have the board exceed the five-member minimum permitted under paragraph (1) shall be required to comply with paragraph (2).(b) The term of each member of the board shall be for three years. The governing body shall equitably stagger the appointments so that approximately one-third of the appointments expire in each year.(c) If two or more local agencies jointly establish a community mental health service under Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code, the mental health board for the community mental health service shall consist of an additional two members for each additional agency, one of whom shall be a consumer or a parent, spouse, sibling, or adult child of a consumer who has received mental health services.(d) (1) Except as provided in paragraph (2), no a member of the board or his or her their spouse shall not be a full-time or part-time county employee of a county mental health service, an employee of the State Department of Health Care Services, or an employee of, or a paid member of the governing body of, a mental health contract agency.(2) A consumer of mental health services who has obtained employment with an employer described in paragraph (1) and who holds a position in which he or she the consumer does not have any interest, influence, or authority over any financial or contractual matter concerning the employer may be appointed to the board. The member shall abstain from voting on any financial or contractual issue concerning his or her their employer that may come before the board.(e) Members of the board shall abstain from voting on any issue in which the member has a financial interest interest, as defined in Section 87103 of the Government Code.(f) If it is not possible to secure membership membership, as specified in this section section, from among persons who reside in the county, the governing body may substitute representatives of the public interest in mental health who are not full-time or part-time employees of the county mental health service, the State Department of Health Care Services, or on the staff of, or a paid member of the governing body of, a mental health contract agency.(g) The mental health board may be established as an advisory board or a commission, depending on the preference of the county.
CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 1352Introduced by Assembly Member WaldronFebruary 22, 2019 An act to amend Section 5604 of the Welfare and Institutions Code, relating to mental health. LEGISLATIVE COUNSEL'S DIGESTAB 1352, as introduced, Waldron. Community mental health services: board.Existing law, the Bronzan-McCorquodale Act, governs the organization and financing of community mental health services for persons with mental disorders in every county through locally administered and locally controlled community mental health programs. Existing law generally requires each community mental health service to have a mental health board consisting of 10 to 15 members who are appointed by the governing body, and encourages counties to appoint individuals who have experience with and knowledge of the mental health system.This bill would make technical, nonsubstantive changes to those provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION
Assembly Bill No. 1352
Introduced by Assembly Member WaldronFebruary 22, 2019
Introduced by Assembly Member Waldron
February 22, 2019
An act to amend Section 5604 of the Welfare and Institutions Code, relating to mental health.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1352, as introduced, Waldron. Community mental health services: board.
Existing law, the Bronzan-McCorquodale Act, governs the organization and financing of community mental health services for persons with mental disorders in every county through locally administered and locally controlled community mental health programs. Existing law generally requires each community mental health service to have a mental health board consisting of 10 to 15 members who are appointed by the governing body, and encourages counties to appoint individuals who have experience with and knowledge of the mental health system.This bill would make technical, nonsubstantive changes to those provisions.
Existing law, the Bronzan-McCorquodale Act, governs the organization and financing of community mental health services for persons with mental disorders in every county through locally administered and locally controlled community mental health programs. Existing law generally requires each community mental health service to have a mental health board consisting of 10 to 15 members who are appointed by the governing body, and encourages counties to appoint individuals who have experience with and knowledge of the mental health system.
This bill would make technical, nonsubstantive changes to those provisions.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 5604 of the Welfare and Institutions Code is amended to read:5604. (a) (1) Each community mental health service shall have a mental health board consisting of 10 to 15 members, depending on the preference of the county, appointed by the governing body, except that boards in counties with a population of less fewer than 80,000 people may have a minimum of five members. One member of the board shall be a member of the local governing body. Any A county with more than five supervisors shall have at least the same number of members as the size of its board of supervisors. Nothing in this section shall be construed to This section does not limit the ability of the governing body to increase the number of members above 15. Local mental health boards may recommend appointees to the county supervisors. Counties are encouraged to appoint individuals who have experience with and knowledge of the mental health system. The board membership should reflect the ethnic diversity of the client population in the county.(2) Fifty percent of the board membership shall be consumers, or the parents, spouses, siblings, or adult children of consumers, who are receiving or have received mental health services. At least 20 percent of the total membership shall be consumers, and at least 20 percent shall be families of consumers.(3) (A) In counties under with a population of fewer than 80,000 population, people, at least one member shall be a consumer, and at least one member shall be a parent, spouse, sibling, or adult child of a consumer, who is receiving, or has received, mental health services.(B) Notwithstanding subparagraph (A), a board in a county with a population under of fewer than 80,000 people that elects to have the board exceed the five-member minimum permitted under paragraph (1) shall be required to comply with paragraph (2).(b) The term of each member of the board shall be for three years. The governing body shall equitably stagger the appointments so that approximately one-third of the appointments expire in each year.(c) If two or more local agencies jointly establish a community mental health service under Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code, the mental health board for the community mental health service shall consist of an additional two members for each additional agency, one of whom shall be a consumer or a parent, spouse, sibling, or adult child of a consumer who has received mental health services.(d) (1) Except as provided in paragraph (2), no a member of the board or his or her their spouse shall not be a full-time or part-time county employee of a county mental health service, an employee of the State Department of Health Care Services, or an employee of, or a paid member of the governing body of, a mental health contract agency.(2) A consumer of mental health services who has obtained employment with an employer described in paragraph (1) and who holds a position in which he or she the consumer does not have any interest, influence, or authority over any financial or contractual matter concerning the employer may be appointed to the board. The member shall abstain from voting on any financial or contractual issue concerning his or her their employer that may come before the board.(e) Members of the board shall abstain from voting on any issue in which the member has a financial interest interest, as defined in Section 87103 of the Government Code.(f) If it is not possible to secure membership membership, as specified in this section section, from among persons who reside in the county, the governing body may substitute representatives of the public interest in mental health who are not full-time or part-time employees of the county mental health service, the State Department of Health Care Services, or on the staff of, or a paid member of the governing body of, a mental health contract agency.(g) The mental health board may be established as an advisory board or a commission, depending on the preference of the county.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 5604 of the Welfare and Institutions Code is amended to read:5604. (a) (1) Each community mental health service shall have a mental health board consisting of 10 to 15 members, depending on the preference of the county, appointed by the governing body, except that boards in counties with a population of less fewer than 80,000 people may have a minimum of five members. One member of the board shall be a member of the local governing body. Any A county with more than five supervisors shall have at least the same number of members as the size of its board of supervisors. Nothing in this section shall be construed to This section does not limit the ability of the governing body to increase the number of members above 15. Local mental health boards may recommend appointees to the county supervisors. Counties are encouraged to appoint individuals who have experience with and knowledge of the mental health system. The board membership should reflect the ethnic diversity of the client population in the county.(2) Fifty percent of the board membership shall be consumers, or the parents, spouses, siblings, or adult children of consumers, who are receiving or have received mental health services. At least 20 percent of the total membership shall be consumers, and at least 20 percent shall be families of consumers.(3) (A) In counties under with a population of fewer than 80,000 population, people, at least one member shall be a consumer, and at least one member shall be a parent, spouse, sibling, or adult child of a consumer, who is receiving, or has received, mental health services.(B) Notwithstanding subparagraph (A), a board in a county with a population under of fewer than 80,000 people that elects to have the board exceed the five-member minimum permitted under paragraph (1) shall be required to comply with paragraph (2).(b) The term of each member of the board shall be for three years. The governing body shall equitably stagger the appointments so that approximately one-third of the appointments expire in each year.(c) If two or more local agencies jointly establish a community mental health service under Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code, the mental health board for the community mental health service shall consist of an additional two members for each additional agency, one of whom shall be a consumer or a parent, spouse, sibling, or adult child of a consumer who has received mental health services.(d) (1) Except as provided in paragraph (2), no a member of the board or his or her their spouse shall not be a full-time or part-time county employee of a county mental health service, an employee of the State Department of Health Care Services, or an employee of, or a paid member of the governing body of, a mental health contract agency.(2) A consumer of mental health services who has obtained employment with an employer described in paragraph (1) and who holds a position in which he or she the consumer does not have any interest, influence, or authority over any financial or contractual matter concerning the employer may be appointed to the board. The member shall abstain from voting on any financial or contractual issue concerning his or her their employer that may come before the board.(e) Members of the board shall abstain from voting on any issue in which the member has a financial interest interest, as defined in Section 87103 of the Government Code.(f) If it is not possible to secure membership membership, as specified in this section section, from among persons who reside in the county, the governing body may substitute representatives of the public interest in mental health who are not full-time or part-time employees of the county mental health service, the State Department of Health Care Services, or on the staff of, or a paid member of the governing body of, a mental health contract agency.(g) The mental health board may be established as an advisory board or a commission, depending on the preference of the county.
SECTION 1. Section 5604 of the Welfare and Institutions Code is amended to read:
### SECTION 1.
5604. (a) (1) Each community mental health service shall have a mental health board consisting of 10 to 15 members, depending on the preference of the county, appointed by the governing body, except that boards in counties with a population of less fewer than 80,000 people may have a minimum of five members. One member of the board shall be a member of the local governing body. Any A county with more than five supervisors shall have at least the same number of members as the size of its board of supervisors. Nothing in this section shall be construed to This section does not limit the ability of the governing body to increase the number of members above 15. Local mental health boards may recommend appointees to the county supervisors. Counties are encouraged to appoint individuals who have experience with and knowledge of the mental health system. The board membership should reflect the ethnic diversity of the client population in the county.(2) Fifty percent of the board membership shall be consumers, or the parents, spouses, siblings, or adult children of consumers, who are receiving or have received mental health services. At least 20 percent of the total membership shall be consumers, and at least 20 percent shall be families of consumers.(3) (A) In counties under with a population of fewer than 80,000 population, people, at least one member shall be a consumer, and at least one member shall be a parent, spouse, sibling, or adult child of a consumer, who is receiving, or has received, mental health services.(B) Notwithstanding subparagraph (A), a board in a county with a population under of fewer than 80,000 people that elects to have the board exceed the five-member minimum permitted under paragraph (1) shall be required to comply with paragraph (2).(b) The term of each member of the board shall be for three years. The governing body shall equitably stagger the appointments so that approximately one-third of the appointments expire in each year.(c) If two or more local agencies jointly establish a community mental health service under Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code, the mental health board for the community mental health service shall consist of an additional two members for each additional agency, one of whom shall be a consumer or a parent, spouse, sibling, or adult child of a consumer who has received mental health services.(d) (1) Except as provided in paragraph (2), no a member of the board or his or her their spouse shall not be a full-time or part-time county employee of a county mental health service, an employee of the State Department of Health Care Services, or an employee of, or a paid member of the governing body of, a mental health contract agency.(2) A consumer of mental health services who has obtained employment with an employer described in paragraph (1) and who holds a position in which he or she the consumer does not have any interest, influence, or authority over any financial or contractual matter concerning the employer may be appointed to the board. The member shall abstain from voting on any financial or contractual issue concerning his or her their employer that may come before the board.(e) Members of the board shall abstain from voting on any issue in which the member has a financial interest interest, as defined in Section 87103 of the Government Code.(f) If it is not possible to secure membership membership, as specified in this section section, from among persons who reside in the county, the governing body may substitute representatives of the public interest in mental health who are not full-time or part-time employees of the county mental health service, the State Department of Health Care Services, or on the staff of, or a paid member of the governing body of, a mental health contract agency.(g) The mental health board may be established as an advisory board or a commission, depending on the preference of the county.
5604. (a) (1) Each community mental health service shall have a mental health board consisting of 10 to 15 members, depending on the preference of the county, appointed by the governing body, except that boards in counties with a population of less fewer than 80,000 people may have a minimum of five members. One member of the board shall be a member of the local governing body. Any A county with more than five supervisors shall have at least the same number of members as the size of its board of supervisors. Nothing in this section shall be construed to This section does not limit the ability of the governing body to increase the number of members above 15. Local mental health boards may recommend appointees to the county supervisors. Counties are encouraged to appoint individuals who have experience with and knowledge of the mental health system. The board membership should reflect the ethnic diversity of the client population in the county.(2) Fifty percent of the board membership shall be consumers, or the parents, spouses, siblings, or adult children of consumers, who are receiving or have received mental health services. At least 20 percent of the total membership shall be consumers, and at least 20 percent shall be families of consumers.(3) (A) In counties under with a population of fewer than 80,000 population, people, at least one member shall be a consumer, and at least one member shall be a parent, spouse, sibling, or adult child of a consumer, who is receiving, or has received, mental health services.(B) Notwithstanding subparagraph (A), a board in a county with a population under of fewer than 80,000 people that elects to have the board exceed the five-member minimum permitted under paragraph (1) shall be required to comply with paragraph (2).(b) The term of each member of the board shall be for three years. The governing body shall equitably stagger the appointments so that approximately one-third of the appointments expire in each year.(c) If two or more local agencies jointly establish a community mental health service under Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code, the mental health board for the community mental health service shall consist of an additional two members for each additional agency, one of whom shall be a consumer or a parent, spouse, sibling, or adult child of a consumer who has received mental health services.(d) (1) Except as provided in paragraph (2), no a member of the board or his or her their spouse shall not be a full-time or part-time county employee of a county mental health service, an employee of the State Department of Health Care Services, or an employee of, or a paid member of the governing body of, a mental health contract agency.(2) A consumer of mental health services who has obtained employment with an employer described in paragraph (1) and who holds a position in which he or she the consumer does not have any interest, influence, or authority over any financial or contractual matter concerning the employer may be appointed to the board. The member shall abstain from voting on any financial or contractual issue concerning his or her their employer that may come before the board.(e) Members of the board shall abstain from voting on any issue in which the member has a financial interest interest, as defined in Section 87103 of the Government Code.(f) If it is not possible to secure membership membership, as specified in this section section, from among persons who reside in the county, the governing body may substitute representatives of the public interest in mental health who are not full-time or part-time employees of the county mental health service, the State Department of Health Care Services, or on the staff of, or a paid member of the governing body of, a mental health contract agency.(g) The mental health board may be established as an advisory board or a commission, depending on the preference of the county.
5604. (a) (1) Each community mental health service shall have a mental health board consisting of 10 to 15 members, depending on the preference of the county, appointed by the governing body, except that boards in counties with a population of less fewer than 80,000 people may have a minimum of five members. One member of the board shall be a member of the local governing body. Any A county with more than five supervisors shall have at least the same number of members as the size of its board of supervisors. Nothing in this section shall be construed to This section does not limit the ability of the governing body to increase the number of members above 15. Local mental health boards may recommend appointees to the county supervisors. Counties are encouraged to appoint individuals who have experience with and knowledge of the mental health system. The board membership should reflect the ethnic diversity of the client population in the county.(2) Fifty percent of the board membership shall be consumers, or the parents, spouses, siblings, or adult children of consumers, who are receiving or have received mental health services. At least 20 percent of the total membership shall be consumers, and at least 20 percent shall be families of consumers.(3) (A) In counties under with a population of fewer than 80,000 population, people, at least one member shall be a consumer, and at least one member shall be a parent, spouse, sibling, or adult child of a consumer, who is receiving, or has received, mental health services.(B) Notwithstanding subparagraph (A), a board in a county with a population under of fewer than 80,000 people that elects to have the board exceed the five-member minimum permitted under paragraph (1) shall be required to comply with paragraph (2).(b) The term of each member of the board shall be for three years. The governing body shall equitably stagger the appointments so that approximately one-third of the appointments expire in each year.(c) If two or more local agencies jointly establish a community mental health service under Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code, the mental health board for the community mental health service shall consist of an additional two members for each additional agency, one of whom shall be a consumer or a parent, spouse, sibling, or adult child of a consumer who has received mental health services.(d) (1) Except as provided in paragraph (2), no a member of the board or his or her their spouse shall not be a full-time or part-time county employee of a county mental health service, an employee of the State Department of Health Care Services, or an employee of, or a paid member of the governing body of, a mental health contract agency.(2) A consumer of mental health services who has obtained employment with an employer described in paragraph (1) and who holds a position in which he or she the consumer does not have any interest, influence, or authority over any financial or contractual matter concerning the employer may be appointed to the board. The member shall abstain from voting on any financial or contractual issue concerning his or her their employer that may come before the board.(e) Members of the board shall abstain from voting on any issue in which the member has a financial interest interest, as defined in Section 87103 of the Government Code.(f) If it is not possible to secure membership membership, as specified in this section section, from among persons who reside in the county, the governing body may substitute representatives of the public interest in mental health who are not full-time or part-time employees of the county mental health service, the State Department of Health Care Services, or on the staff of, or a paid member of the governing body of, a mental health contract agency.(g) The mental health board may be established as an advisory board or a commission, depending on the preference of the county.
5604. (a) (1) Each community mental health service shall have a mental health board consisting of 10 to 15 members, depending on the preference of the county, appointed by the governing body, except that boards in counties with a population of less fewer than 80,000 people may have a minimum of five members. One member of the board shall be a member of the local governing body. Any A county with more than five supervisors shall have at least the same number of members as the size of its board of supervisors. Nothing in this section shall be construed to This section does not limit the ability of the governing body to increase the number of members above 15. Local mental health boards may recommend appointees to the county supervisors. Counties are encouraged to appoint individuals who have experience with and knowledge of the mental health system. The board membership should reflect the ethnic diversity of the client population in the county.
(2) Fifty percent of the board membership shall be consumers, or the parents, spouses, siblings, or adult children of consumers, who are receiving or have received mental health services. At least 20 percent of the total membership shall be consumers, and at least 20 percent shall be families of consumers.
(3) (A) In counties under with a population of fewer than 80,000 population, people, at least one member shall be a consumer, and at least one member shall be a parent, spouse, sibling, or adult child of a consumer, who is receiving, or has received, mental health services.
(B) Notwithstanding subparagraph (A), a board in a county with a population under of fewer than 80,000 people that elects to have the board exceed the five-member minimum permitted under paragraph (1) shall be required to comply with paragraph (2).
(b) The term of each member of the board shall be for three years. The governing body shall equitably stagger the appointments so that approximately one-third of the appointments expire in each year.
(c) If two or more local agencies jointly establish a community mental health service under Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code, the mental health board for the community mental health service shall consist of an additional two members for each additional agency, one of whom shall be a consumer or a parent, spouse, sibling, or adult child of a consumer who has received mental health services.
(d) (1) Except as provided in paragraph (2), no a member of the board or his or her their spouse shall not be a full-time or part-time county employee of a county mental health service, an employee of the State Department of Health Care Services, or an employee of, or a paid member of the governing body of, a mental health contract agency.
(2) A consumer of mental health services who has obtained employment with an employer described in paragraph (1) and who holds a position in which he or she the consumer does not have any interest, influence, or authority over any financial or contractual matter concerning the employer may be appointed to the board. The member shall abstain from voting on any financial or contractual issue concerning his or her their employer that may come before the board.
(e) Members of the board shall abstain from voting on any issue in which the member has a financial interest interest, as defined in Section 87103 of the Government Code.
(f) If it is not possible to secure membership membership, as specified in this section section, from among persons who reside in the county, the governing body may substitute representatives of the public interest in mental health who are not full-time or part-time employees of the county mental health service, the State Department of Health Care Services, or on the staff of, or a paid member of the governing body of, a mental health contract agency.
(g) The mental health board may be established as an advisory board or a commission, depending on the preference of the county.