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California Assembly Bill AB3130

California 2019-2020 Regular Session

California Assembly Bill AB3130 Compare Versions

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1-Amended IN Assembly March 09, 2020 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 3130Introduced by Assembly Member KileyFebruary 21, 2020 An act to amend Section 5150 of the Welfare and Institutions add Section 1317.14 to the Health and Safety Code, relating to mental behavioral health.LEGISLATIVE COUNSEL'S DIGESTAB 3130, as amended, Kiley. Mental Behavioral health: involuntary hospital treatment.Existing law requires emergency services and care to be provided to any person requesting the services or care, or for whom services or care is requested, for any condition in which the person is in danger of loss of life, or serious injury or illness, at a licensed health facility, as described, that maintains and operates an emergency department, as specified. Existing law prohibits a person needing emergency services and care from being transferred from a hospital to another hospital for any nonmedical reason unless specified conditions are met. Existing law makes a hospital that is found by the State Department of Public Health to have committed or to be responsible for a violation of these and other specified requirements subject to a civil penalty.Under existing law, when a person, as a result of mental health disorder, is a danger to self or others, or is gravely disabled, the person may, upon probable cause, be taken into custody and placed in a facility designated as specified for up to 72 hours for evaluation and treatment.This bill would require the department to develop and issue, no later than January 1, 2023, best practices for discharging a patient from an emergency department of a hospital if a patient presents behavioral health concerns, is to be released from the hospital, and is not to be taken into custody as a result of a mental health disorder, as described above.Existing law, the Lanterman-Petris-Short Act, provides for the involuntary commitment and treatment of persons with specified mental disorders for the protection of the persons committed. Under the act, when a person, as a result of a mental health disorder, is a danger to others, or to themselves, or gravely disabled, the person may, upon probable cause, be taken into custody and placed in a facility designated by the county and approved by the State Department of Health Care Services for up to 72 hours for evaluation and treatment.This bill would make technical, nonsubstantive changes to those provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 1317.14 is added to the Health and Safety Code, to read:1317.14. The state department shall develop and issue, no later than January 1, 2023, best practices for discharging a patient from an emergency department of a hospital if a patient presents behavioral health concerns, is to be released from the hospital, and is not to be taken into custody pursuant to Section 5150 of the Welfare and Institutions Code.SECTION 1.Section 5150 of the Welfare and Institutions Code is amended to read:5150.(a)When a person, as a result of a mental health disorder, is a danger to others, or to themselves, or gravely disabled, a peace officer, professional person in charge of a facility designated by the county for evaluation and treatment, member of the attending staff, as defined by regulation, of a facility designated by the county for evaluation and treatment, designated members of a mobile crisis team, or professional person designated by the county may, upon probable cause, take, or cause to be taken, the person into custody for a period of up to 72 hours for assessment, evaluation, and crisis intervention, or placement for evaluation and treatment in a facility designated by the county for evaluation and treatment and approved by the State Department of Health Care Services. At a minimum, assessment, as defined in Section 5150.4, and evaluation, as defined in subdivision (a) of Section 5008, shall be conducted and provided on an ongoing basis. Crisis intervention, as defined in subdivision (e) of Section 5008, may be provided concurrently with assessment, evaluation, or any other service.(b)When determining if a person should be taken into custody pursuant to subdivision (a), the individual making that determination shall apply the provisions of Section 5150.05, and shall not be limited to consideration of the danger of imminent harm.(c)The professional person in charge of a facility designated by the county for evaluation and treatment, member of the attending staff, or professional person designated by the county shall assess the person to determine whether the person can be properly served without being detained. If, in the judgment of the professional person in charge of the facility designated by the county for evaluation and treatment, member of the attending staff, or professional person designated by the county, the person can be properly served without being detained, the person shall be provided evaluation, crisis intervention, or other inpatient or outpatient services on a voluntary basis. This subdivision does not prevent a peace officer from delivering individuals to a designated facility for assessment under this section. Furthermore, the assessment requirement of this subdivision does not require a peace officer to perform any additional duties other than those specified in Sections 5150.1 and 5150.2.(d)If a person is evaluated by a professional person in charge of a facility designated by the county for evaluation or treatment, member of the attending staff, or professional person designated by the county and is found to be in need of mental health services, but is not admitted to the facility, all available alternative services provided pursuant to subdivision (c) shall be offered as determined by the county mental health director.(e)If, in the judgment of the professional person in charge of the facility designated by the county for evaluation and treatment, member of the attending staff, or the professional person designated by the county, the person cannot be properly served without being detained, the admitting facility shall require a written application stating the circumstances under which the persons condition was called to the attention of the peace officer, professional person in charge of the facility designated by the county for evaluation and treatment, member of the attending staff, or professional person designated by the county, and stating that the peace officer, professional person in charge of the facility designated by the county for evaluation and treatment, member of the attending staff, or professional person designated by the county has probable cause to believe that the person is, as a result of a mental health disorder, a danger to others, or to themselves, or gravely disabled. The application shall also record whether the historical course of the persons mental disorder was considered in the determination, pursuant to Section 5150.05. If the probable cause is based on the statement of a person other than the peace officer, professional person in charge of the facility designated by the county for evaluation and treatment, member of the attending staff, or professional person designated by the county, the person shall be liable in a civil action for intentionally giving a statement that the person knows to be false. A copy of the application shall be treated as the original.(f)At the time a person is taken into custody for evaluation, or within a reasonable time thereafter, unless a responsible relative or the guardian or conservator of the person is in possession of the persons personal property, the person taking them into custody shall take reasonable precautions to preserve and safeguard the personal property in the possession of, or on the premises occupied by, the person. The person taking them into custody shall then furnish to the court a report generally describing the persons property that is preserved and safeguarded and its disposition, in substantially the form set forth in Section 5211, except that if a responsible relative or the guardian or conservator of the person is in possession of the persons property, the report shall include only the name of the relative or guardian or conservator and the location of the property, whereupon responsibility of the person taking them into custody for that property shall terminate. As used in this section, responsible relative includes the spouse, parent, adult child, domestic partner, grandparent, grandchild, or adult brother or sister of the person.(g)(1)Each person, at the time they are first taken into custody under this section, shall be provided, by the person who takes them into custody, the following information orally in a language or modality accessible to the person. If the person cannot understand an oral advisement, the information shall be provided in writing. The information shall be in substantially the following form:My name is .I am a(peace officer/mental health professional) .with(name of agency) .You are not under criminal arrest, but I am taking you for an examination by mental health professionals at .(name of facility)You will be told your rights by the mental health staff.(2)If taken into custody at the persons own residence, the person shall also be provided the following information:You may bring a few personal items with you, which I will have to approve. Please inform me if you need assistance turning off any appliance or water. You may make a phone call and leave a note to tell your friends or family where you have been taken.(h)The designated facility shall keep, for each patient evaluated, a record of the advisement given pursuant to subdivision (g), which shall include all of the following:(1)The name of the person detained for evaluation.(2)The name and position of the peace officer or mental health professional taking the person into custody.(3)The date the advisement was completed.(4)Whether the advisement was completed.(5)The language or modality used to give the advisement.(6)If the advisement was not completed, a statement of good cause, as defined by regulations of the State Department of Health Care Services.(i)(1)Each person admitted to a facility designated by the county for evaluation and treatment shall be given the following information by admission staff of the facility. The information shall be given orally and in writing and in a language or modality accessible to the person. The written information shall be available to the person in English and in the language that is the persons primary means of communication. Accommodations for other disabilities that may affect communication shall also be provided. The information shall be in substantially the following form:My name is .My position here is  .You are being placed into this psychiatric facility because it is our professional opinion that, as a result of a mental health disorder, you are likely to (check applicable):Harm yourself.Harm someone else.Be unable to take care of your own food, clothing, and housing needs. We believe this is true because(list of the facts upon which the allegation of dangerous or gravely disabled due to mental health disorder is based, including pertinent facts arising from the admission interview).You will be held for a period up to 72 hours. During the 72 hours you may also be transferred to another facility. You may request to be evaluated or treated at a facility of your choice. You may request to be evaluated or treated by a mental health professional of your choice. We cannot guarantee the facility or mental health professional you choose will be available, but we will honor your choice if we can.During these 72 hours you will be evaluated by the facility staff, and you may be given treatment, including medications. It is possible for you to be released before the end of the 72 hours. But if the staff decides that you need continued treatment you can be held for a longer period of time. If you are held longer than 72 hours, you have the right to a lawyer and a qualified interpreter and a hearing before a judge. If you are unable to pay for the lawyer, then one will be provided to you free of charge.If you have questions about your legal rights, you may contact the county Patients Rights Advocate at (phone number for the county Patients Rights Advocacy office).Your 72-hour period began (date/time).(2)If the notice is given in a county where weekends and holidays are excluded from the 72-hour period, the patient shall be informed of this fact.(j)For each patient admitted for evaluation and treatment, the facility shall keep with the patients medical record a record of the advisement given pursuant to subdivision (i), which shall include all of the following:(1)The name of the person performing the advisement.(2)The date of the advisement.(3)Whether the advisement was completed.(4)The language or modality used to communicate the advisement.(5)If the advisement was not completed, a statement of good cause.
1+CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 3130Introduced by Assembly Member KileyFebruary 21, 2020 An act to amend Section 5150 of the Welfare and Institutions Code, relating to mental health.LEGISLATIVE COUNSEL'S DIGESTAB 3130, as introduced, Kiley. Mental health: involuntary treatment.Existing law, the Lanterman-Petris-Short Act, provides for the involuntary commitment and treatment of persons with specified mental disorders for the protection of the persons committed. Under the act, when a person, as a result of a mental health disorder, is a danger to others, or to themselves, or gravely disabled, the person may, upon probable cause, be taken into custody and placed in a facility designated by the county and approved by the State Department of Health Care Services for up to 72 hours for evaluation and treatment.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 5150 of the Welfare and Institutions Code is amended to read:5150. (a) When a person, as a result of a mental health disorder, is a danger to others, or to himself or herself, themselves, or gravely disabled, a peace officer, professional person in charge of a facility designated by the county for evaluation and treatment, member of the attending staff, as defined by regulation, of a facility designated by the county for evaluation and treatment, designated members of a mobile crisis team, or professional person designated by the county may, upon probable cause, take, or cause to be taken, the person into custody for a period of up to 72 hours for assessment, evaluation, and crisis intervention, or placement for evaluation and treatment in a facility designated by the county for evaluation and treatment and approved by the State Department of Health Care Services. At a minimum, assessment, as defined in Section 5150.4, and evaluation, as defined in subdivision (a) of Section 5008, shall be conducted and provided on an ongoing basis. Crisis intervention, as defined in subdivision (e) of Section 5008, may be provided concurrently with assessment, evaluation, or any other service.(b) When determining if a person should be taken into custody pursuant to subdivision (a), the individual making that determination shall apply the provisions of Section 5150.05, and shall not be limited to consideration of the danger of imminent harm.(c) The professional person in charge of a facility designated by the county for evaluation and treatment, member of the attending staff, or professional person designated by the county shall assess the person to determine whether he or she the person can be properly served without being detained. If, in the judgment of the professional person in charge of the facility designated by the county for evaluation and treatment, member of the attending staff, or professional person designated by the county, the person can be properly served without being detained, he or she the person shall be provided evaluation, crisis intervention, or other inpatient or outpatient services on a voluntary basis. Nothing in this subdivision shall be interpreted to This subdivision does not prevent a peace officer from delivering individuals to a designated facility for assessment under this section. Furthermore, the assessment requirement of this subdivision shall not be interpreted to does not require a peace officers officer to perform any additional duties other than those specified in Sections 5150.1 and 5150.2.(d) Whenever If a person is evaluated by a professional person in charge of a facility designated by the county for evaluation or treatment, member of the attending staff, or professional person designated by the county and is found to be in need of mental health services, but is not admitted to the facility, all available alternative services provided pursuant to subdivision (c) shall be offered as determined by the county mental health director.(e) If, in the judgment of the professional person in charge of the facility designated by the county for evaluation and treatment, member of the attending staff, or the professional person designated by the county, the person cannot be properly served without being detained, the admitting facility shall require an application in writing a written application stating the circumstances under which the persons condition was called to the attention of the peace officer, professional person in charge of the facility designated by the county for evaluation and treatment, member of the attending staff, or professional person designated by the county, and stating that the peace officer, professional person in charge of the facility designated by the county for evaluation and treatment, member of the attending staff, or professional person designated by the county has probable cause to believe that the person is, as a result of a mental health disorder, a danger to others, or to himself or herself, themselves, or gravely disabled. The application shall also record whether the historical course of the persons mental disorder was considered in the determination, pursuant to Section 5150.05. If the probable cause is based on the statement of a person other than the peace officer, professional person in charge of the facility designated by the county for evaluation and treatment, member of the attending staff, or professional person designated by the county, the person shall be liable in a civil action for intentionally giving a statement that he or she the person knows to be false. A copy of the application shall be treated as the original.(f) At the time a person is taken into custody for evaluation, or within a reasonable time thereafter, unless a responsible relative or the guardian or conservator of the person is in possession of the persons personal property, the person taking him or her them into custody shall take reasonable precautions to preserve and safeguard the personal property in the possession of of, or on the premises occupied by by, the person. The person taking him or her them into custody shall then furnish to the court a report generally describing the persons property so that is preserved and safeguarded and its disposition, in substantially the form set forth in Section 5211, except that if a responsible relative or the guardian or conservator of the person is in possession of the persons property, the report shall include only the name of the relative or guardian or conservator and the location of the property, whereupon responsibility of the person taking him or her them into custody for that property shall terminate. As used in this section, responsible relative includes the spouse, parent, adult child, domestic partner, grandparent, grandchild, or adult brother or sister of the person.(g) (1) Each person, at the time he or she is they are first taken into custody under this section, shall be provided, by the person who takes him or her them into custody, the following information orally in a language or modality accessible to the person. If the person cannot understand an oral advisement, the information shall be provided in writing. The information shall be in substantially the following form:My name is .I am a _____ (peace officer/mental health professional) _____ .with _____ (name of agency) _____ .You are not under criminal arrest, but I am taking you for an examination by mental health professionals at . _____ (name of facility) _____ You will be told your rights by the mental health staff.(2) If taken into custody at his or her the persons own residence, the person shall also be provided the following information:You may bring a few personal items with you, which I will have to approve. Please inform me if you need assistance turning off any appliance or water. You may make a phone call and leave a note to tell your friends or family where you have been taken.(h) The designated facility shall keep, for each patient evaluated, a record of the advisement given pursuant to subdivision (g) (g), which shall include all of the following:(1) The name of the person detained for evaluation.(2) The name and position of the peace officer or mental health professional taking the person into custody.(3) The date the advisement was completed.(4) Whether the advisement was completed.(5) The language or modality used to give the advisement.(6) If the advisement was not completed, a statement of good cause, as defined by regulations of the State Department of Health Care Services.(i) (1) Each person admitted to a facility designated by the county for evaluation and treatment shall be given the following information by admission staff of the facility. The information shall be given orally and in writing and in a language or modality accessible to the person. The written information shall be available to the person in English and in the language that is the persons primary means of communication. Accommodations for other disabilities that may affect communication shall also be provided. The information shall be in substantially the following form:My name is .My position here is.You are being placed into this psychiatric facility because it is our professional opinion that, as a result of a mental health disorder, you are likely to (check applicable): Harm yourself. Harm someone else. Be unable to take care of your own food, clothing, and housing needs. We believe this is true because(list of the facts upon which the allegation of dangerous or gravely disabled due to mental health disorder is based, including pertinent facts arising from the admission interview).You will be held for a period up to 72 hours. During the 72 hours you may also be transferred to another facility. You may request to be evaluated or treated at a facility of your choice. You may request to be evaluated or treated by a mental health professional of your choice. We cannot guarantee the facility or mental health professional you choose will be available, but we will honor your choice if we can.During these 72 hours you will be evaluated by the facility staff, and you may be given treatment, including medications. It is possible for you to be released before the end of the 72 hours. But if the staff decides that you need continued treatment you can be held for a longer period of time. If you are held longer than 72 hours, you have the right to a lawyer and a qualified interpreter and a hearing before a judge. If you are unable to pay for the lawyer, then one will be provided to you free of charge.If you have questions about your legal rights, you may contact the county Patients Rights Advocate at _____ (phone number for the county Patients Rights Advocacy office) _____ .Your 72-hour period began _____ (date/time) _____ .(2) If the notice is given in a county where weekends and holidays are excluded from the 72-hour period, the patient shall be informed of this fact.(j) For each patient admitted for evaluation and treatment, the facility shall keep with the patients medical record a record of the advisement given pursuant to subdivision (i), which shall include all of the following:(1) The name of the person performing the advisement.(2) The date of the advisement.(3) Whether the advisement was completed.(4) The language or modality used to communicate the advisement.(5) If the advisement was not completed, a statement of good cause.
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3- Amended IN Assembly March 09, 2020 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 3130Introduced by Assembly Member KileyFebruary 21, 2020 An act to amend Section 5150 of the Welfare and Institutions add Section 1317.14 to the Health and Safety Code, relating to mental behavioral health.LEGISLATIVE COUNSEL'S DIGESTAB 3130, as amended, Kiley. Mental Behavioral health: involuntary hospital treatment.Existing law requires emergency services and care to be provided to any person requesting the services or care, or for whom services or care is requested, for any condition in which the person is in danger of loss of life, or serious injury or illness, at a licensed health facility, as described, that maintains and operates an emergency department, as specified. Existing law prohibits a person needing emergency services and care from being transferred from a hospital to another hospital for any nonmedical reason unless specified conditions are met. Existing law makes a hospital that is found by the State Department of Public Health to have committed or to be responsible for a violation of these and other specified requirements subject to a civil penalty.Under existing law, when a person, as a result of mental health disorder, is a danger to self or others, or is gravely disabled, the person may, upon probable cause, be taken into custody and placed in a facility designated as specified for up to 72 hours for evaluation and treatment.This bill would require the department to develop and issue, no later than January 1, 2023, best practices for discharging a patient from an emergency department of a hospital if a patient presents behavioral health concerns, is to be released from the hospital, and is not to be taken into custody as a result of a mental health disorder, as described above.Existing law, the Lanterman-Petris-Short Act, provides for the involuntary commitment and treatment of persons with specified mental disorders for the protection of the persons committed. Under the act, when a person, as a result of a mental health disorder, is a danger to others, or to themselves, or gravely disabled, the person may, upon probable cause, be taken into custody and placed in a facility designated by the county and approved by the State Department of Health Care Services for up to 72 hours for evaluation and treatment.This bill would make technical, nonsubstantive changes to those provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO
3+ CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 3130Introduced by Assembly Member KileyFebruary 21, 2020 An act to amend Section 5150 of the Welfare and Institutions Code, relating to mental health.LEGISLATIVE COUNSEL'S DIGESTAB 3130, as introduced, Kiley. Mental health: involuntary treatment.Existing law, the Lanterman-Petris-Short Act, provides for the involuntary commitment and treatment of persons with specified mental disorders for the protection of the persons committed. Under the act, when a person, as a result of a mental health disorder, is a danger to others, or to themselves, or gravely disabled, the person may, upon probable cause, be taken into custody and placed in a facility designated by the county and approved by the State Department of Health Care Services for up to 72 hours for evaluation and treatment.This bill would make technical, nonsubstantive changes to those provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
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5- Amended IN Assembly March 09, 2020
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7-Amended IN Assembly March 09, 2020
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99 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION
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1111 Assembly Bill
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1313 No. 3130
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1515 Introduced by Assembly Member KileyFebruary 21, 2020
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1717 Introduced by Assembly Member Kiley
1818 February 21, 2020
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20- An act to amend Section 5150 of the Welfare and Institutions add Section 1317.14 to the Health and Safety Code, relating to mental behavioral health.
20+ An act to amend Section 5150 of the Welfare and Institutions Code, relating to mental health.
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2222 LEGISLATIVE COUNSEL'S DIGEST
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2424 ## LEGISLATIVE COUNSEL'S DIGEST
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26-AB 3130, as amended, Kiley. Mental Behavioral health: involuntary hospital treatment.
26+AB 3130, as introduced, Kiley. Mental health: involuntary treatment.
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28-Existing law requires emergency services and care to be provided to any person requesting the services or care, or for whom services or care is requested, for any condition in which the person is in danger of loss of life, or serious injury or illness, at a licensed health facility, as described, that maintains and operates an emergency department, as specified. Existing law prohibits a person needing emergency services and care from being transferred from a hospital to another hospital for any nonmedical reason unless specified conditions are met. Existing law makes a hospital that is found by the State Department of Public Health to have committed or to be responsible for a violation of these and other specified requirements subject to a civil penalty.Under existing law, when a person, as a result of mental health disorder, is a danger to self or others, or is gravely disabled, the person may, upon probable cause, be taken into custody and placed in a facility designated as specified for up to 72 hours for evaluation and treatment.This bill would require the department to develop and issue, no later than January 1, 2023, best practices for discharging a patient from an emergency department of a hospital if a patient presents behavioral health concerns, is to be released from the hospital, and is not to be taken into custody as a result of a mental health disorder, as described above.Existing law, the Lanterman-Petris-Short Act, provides for the involuntary commitment and treatment of persons with specified mental disorders for the protection of the persons committed. Under the act, when a person, as a result of a mental health disorder, is a danger to others, or to themselves, or gravely disabled, the person may, upon probable cause, be taken into custody and placed in a facility designated by the county and approved by the State Department of Health Care Services for up to 72 hours for evaluation and treatment.This bill would make technical, nonsubstantive changes to those provisions.
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30-Existing law requires emergency services and care to be provided to any person requesting the services or care, or for whom services or care is requested, for any condition in which the person is in danger of loss of life, or serious injury or illness, at a licensed health facility, as described, that maintains and operates an emergency department, as specified. Existing law prohibits a person needing emergency services and care from being transferred from a hospital to another hospital for any nonmedical reason unless specified conditions are met. Existing law makes a hospital that is found by the State Department of Public Health to have committed or to be responsible for a violation of these and other specified requirements subject to a civil penalty.
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32-Under existing law, when a person, as a result of mental health disorder, is a danger to self or others, or is gravely disabled, the person may, upon probable cause, be taken into custody and placed in a facility designated as specified for up to 72 hours for evaluation and treatment.
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34-This bill would require the department to develop and issue, no later than January 1, 2023, best practices for discharging a patient from an emergency department of a hospital if a patient presents behavioral health concerns, is to be released from the hospital, and is not to be taken into custody as a result of a mental health disorder, as described above.
28+Existing law, the Lanterman-Petris-Short Act, provides for the involuntary commitment and treatment of persons with specified mental disorders for the protection of the persons committed. Under the act, when a person, as a result of a mental health disorder, is a danger to others, or to themselves, or gravely disabled, the person may, upon probable cause, be taken into custody and placed in a facility designated by the county and approved by the State Department of Health Care Services for up to 72 hours for evaluation and treatment.This bill would make technical, nonsubstantive changes to those provisions.
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3630 Existing law, the Lanterman-Petris-Short Act, provides for the involuntary commitment and treatment of persons with specified mental disorders for the protection of the persons committed. Under the act, when a person, as a result of a mental health disorder, is a danger to others, or to themselves, or gravely disabled, the person may, upon probable cause, be taken into custody and placed in a facility designated by the county and approved by the State Department of Health Care Services for up to 72 hours for evaluation and treatment.
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4032 This bill would make technical, nonsubstantive changes to those provisions.
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4434 ## Digest Key
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4636 ## Bill Text
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48-The people of the State of California do enact as follows:SECTION 1. Section 1317.14 is added to the Health and Safety Code, to read:1317.14. The state department shall develop and issue, no later than January 1, 2023, best practices for discharging a patient from an emergency department of a hospital if a patient presents behavioral health concerns, is to be released from the hospital, and is not to be taken into custody pursuant to Section 5150 of the Welfare and Institutions Code.SECTION 1.Section 5150 of the Welfare and Institutions Code is amended to read:5150.(a)When a person, as a result of a mental health disorder, is a danger to others, or to themselves, or gravely disabled, a peace officer, professional person in charge of a facility designated by the county for evaluation and treatment, member of the attending staff, as defined by regulation, of a facility designated by the county for evaluation and treatment, designated members of a mobile crisis team, or professional person designated by the county may, upon probable cause, take, or cause to be taken, the person into custody for a period of up to 72 hours for assessment, evaluation, and crisis intervention, or placement for evaluation and treatment in a facility designated by the county for evaluation and treatment and approved by the State Department of Health Care Services. At a minimum, assessment, as defined in Section 5150.4, and evaluation, as defined in subdivision (a) of Section 5008, shall be conducted and provided on an ongoing basis. Crisis intervention, as defined in subdivision (e) of Section 5008, may be provided concurrently with assessment, evaluation, or any other service.(b)When determining if a person should be taken into custody pursuant to subdivision (a), the individual making that determination shall apply the provisions of Section 5150.05, and shall not be limited to consideration of the danger of imminent harm.(c)The professional person in charge of a facility designated by the county for evaluation and treatment, member of the attending staff, or professional person designated by the county shall assess the person to determine whether the person can be properly served without being detained. If, in the judgment of the professional person in charge of the facility designated by the county for evaluation and treatment, member of the attending staff, or professional person designated by the county, the person can be properly served without being detained, the person shall be provided evaluation, crisis intervention, or other inpatient or outpatient services on a voluntary basis. This subdivision does not prevent a peace officer from delivering individuals to a designated facility for assessment under this section. Furthermore, the assessment requirement of this subdivision does not require a peace officer to perform any additional duties other than those specified in Sections 5150.1 and 5150.2.(d)If a person is evaluated by a professional person in charge of a facility designated by the county for evaluation or treatment, member of the attending staff, or professional person designated by the county and is found to be in need of mental health services, but is not admitted to the facility, all available alternative services provided pursuant to subdivision (c) shall be offered as determined by the county mental health director.(e)If, in the judgment of the professional person in charge of the facility designated by the county for evaluation and treatment, member of the attending staff, or the professional person designated by the county, the person cannot be properly served without being detained, the admitting facility shall require a written application stating the circumstances under which the persons condition was called to the attention of the peace officer, professional person in charge of the facility designated by the county for evaluation and treatment, member of the attending staff, or professional person designated by the county, and stating that the peace officer, professional person in charge of the facility designated by the county for evaluation and treatment, member of the attending staff, or professional person designated by the county has probable cause to believe that the person is, as a result of a mental health disorder, a danger to others, or to themselves, or gravely disabled. The application shall also record whether the historical course of the persons mental disorder was considered in the determination, pursuant to Section 5150.05. If the probable cause is based on the statement of a person other than the peace officer, professional person in charge of the facility designated by the county for evaluation and treatment, member of the attending staff, or professional person designated by the county, the person shall be liable in a civil action for intentionally giving a statement that the person knows to be false. A copy of the application shall be treated as the original.(f)At the time a person is taken into custody for evaluation, or within a reasonable time thereafter, unless a responsible relative or the guardian or conservator of the person is in possession of the persons personal property, the person taking them into custody shall take reasonable precautions to preserve and safeguard the personal property in the possession of, or on the premises occupied by, the person. The person taking them into custody shall then furnish to the court a report generally describing the persons property that is preserved and safeguarded and its disposition, in substantially the form set forth in Section 5211, except that if a responsible relative or the guardian or conservator of the person is in possession of the persons property, the report shall include only the name of the relative or guardian or conservator and the location of the property, whereupon responsibility of the person taking them into custody for that property shall terminate. As used in this section, responsible relative includes the spouse, parent, adult child, domestic partner, grandparent, grandchild, or adult brother or sister of the person.(g)(1)Each person, at the time they are first taken into custody under this section, shall be provided, by the person who takes them into custody, the following information orally in a language or modality accessible to the person. If the person cannot understand an oral advisement, the information shall be provided in writing. The information shall be in substantially the following form:My name is .I am a(peace officer/mental health professional) .with(name of agency) .You are not under criminal arrest, but I am taking you for an examination by mental health professionals at .(name of facility)You will be told your rights by the mental health staff.(2)If taken into custody at the persons own residence, the person shall also be provided the following information:You may bring a few personal items with you, which I will have to approve. Please inform me if you need assistance turning off any appliance or water. You may make a phone call and leave a note to tell your friends or family where you have been taken.(h)The designated facility shall keep, for each patient evaluated, a record of the advisement given pursuant to subdivision (g), which shall include all of the following:(1)The name of the person detained for evaluation.(2)The name and position of the peace officer or mental health professional taking the person into custody.(3)The date the advisement was completed.(4)Whether the advisement was completed.(5)The language or modality used to give the advisement.(6)If the advisement was not completed, a statement of good cause, as defined by regulations of the State Department of Health Care Services.(i)(1)Each person admitted to a facility designated by the county for evaluation and treatment shall be given the following information by admission staff of the facility. The information shall be given orally and in writing and in a language or modality accessible to the person. The written information shall be available to the person in English and in the language that is the persons primary means of communication. Accommodations for other disabilities that may affect communication shall also be provided. The information shall be in substantially the following form:My name is .My position here is  .You are being placed into this psychiatric facility because it is our professional opinion that, as a result of a mental health disorder, you are likely to (check applicable):Harm yourself.Harm someone else.Be unable to take care of your own food, clothing, and housing needs. We believe this is true because(list of the facts upon which the allegation of dangerous or gravely disabled due to mental health disorder is based, including pertinent facts arising from the admission interview).You will be held for a period up to 72 hours. During the 72 hours you may also be transferred to another facility. You may request to be evaluated or treated at a facility of your choice. You may request to be evaluated or treated by a mental health professional of your choice. We cannot guarantee the facility or mental health professional you choose will be available, but we will honor your choice if we can.During these 72 hours you will be evaluated by the facility staff, and you may be given treatment, including medications. It is possible for you to be released before the end of the 72 hours. But if the staff decides that you need continued treatment you can be held for a longer period of time. If you are held longer than 72 hours, you have the right to a lawyer and a qualified interpreter and a hearing before a judge. If you are unable to pay for the lawyer, then one will be provided to you free of charge.If you have questions about your legal rights, you may contact the county Patients Rights Advocate at (phone number for the county Patients Rights Advocacy office).Your 72-hour period began (date/time).(2)If the notice is given in a county where weekends and holidays are excluded from the 72-hour period, the patient shall be informed of this fact.(j)For each patient admitted for evaluation and treatment, the facility shall keep with the patients medical record a record of the advisement given pursuant to subdivision (i), which shall include all of the following:(1)The name of the person performing the advisement.(2)The date of the advisement.(3)Whether the advisement was completed.(4)The language or modality used to communicate the advisement.(5)If the advisement was not completed, a statement of good cause.
38+The people of the State of California do enact as follows:SECTION 1. Section 5150 of the Welfare and Institutions Code is amended to read:5150. (a) When a person, as a result of a mental health disorder, is a danger to others, or to himself or herself, themselves, or gravely disabled, a peace officer, professional person in charge of a facility designated by the county for evaluation and treatment, member of the attending staff, as defined by regulation, of a facility designated by the county for evaluation and treatment, designated members of a mobile crisis team, or professional person designated by the county may, upon probable cause, take, or cause to be taken, the person into custody for a period of up to 72 hours for assessment, evaluation, and crisis intervention, or placement for evaluation and treatment in a facility designated by the county for evaluation and treatment and approved by the State Department of Health Care Services. At a minimum, assessment, as defined in Section 5150.4, and evaluation, as defined in subdivision (a) of Section 5008, shall be conducted and provided on an ongoing basis. Crisis intervention, as defined in subdivision (e) of Section 5008, may be provided concurrently with assessment, evaluation, or any other service.(b) When determining if a person should be taken into custody pursuant to subdivision (a), the individual making that determination shall apply the provisions of Section 5150.05, and shall not be limited to consideration of the danger of imminent harm.(c) The professional person in charge of a facility designated by the county for evaluation and treatment, member of the attending staff, or professional person designated by the county shall assess the person to determine whether he or she the person can be properly served without being detained. If, in the judgment of the professional person in charge of the facility designated by the county for evaluation and treatment, member of the attending staff, or professional person designated by the county, the person can be properly served without being detained, he or she the person shall be provided evaluation, crisis intervention, or other inpatient or outpatient services on a voluntary basis. Nothing in this subdivision shall be interpreted to This subdivision does not prevent a peace officer from delivering individuals to a designated facility for assessment under this section. Furthermore, the assessment requirement of this subdivision shall not be interpreted to does not require a peace officers officer to perform any additional duties other than those specified in Sections 5150.1 and 5150.2.(d) Whenever If a person is evaluated by a professional person in charge of a facility designated by the county for evaluation or treatment, member of the attending staff, or professional person designated by the county and is found to be in need of mental health services, but is not admitted to the facility, all available alternative services provided pursuant to subdivision (c) shall be offered as determined by the county mental health director.(e) If, in the judgment of the professional person in charge of the facility designated by the county for evaluation and treatment, member of the attending staff, or the professional person designated by the county, the person cannot be properly served without being detained, the admitting facility shall require an application in writing a written application stating the circumstances under which the persons condition was called to the attention of the peace officer, professional person in charge of the facility designated by the county for evaluation and treatment, member of the attending staff, or professional person designated by the county, and stating that the peace officer, professional person in charge of the facility designated by the county for evaluation and treatment, member of the attending staff, or professional person designated by the county has probable cause to believe that the person is, as a result of a mental health disorder, a danger to others, or to himself or herself, themselves, or gravely disabled. The application shall also record whether the historical course of the persons mental disorder was considered in the determination, pursuant to Section 5150.05. If the probable cause is based on the statement of a person other than the peace officer, professional person in charge of the facility designated by the county for evaluation and treatment, member of the attending staff, or professional person designated by the county, the person shall be liable in a civil action for intentionally giving a statement that he or she the person knows to be false. A copy of the application shall be treated as the original.(f) At the time a person is taken into custody for evaluation, or within a reasonable time thereafter, unless a responsible relative or the guardian or conservator of the person is in possession of the persons personal property, the person taking him or her them into custody shall take reasonable precautions to preserve and safeguard the personal property in the possession of of, or on the premises occupied by by, the person. The person taking him or her them into custody shall then furnish to the court a report generally describing the persons property so that is preserved and safeguarded and its disposition, in substantially the form set forth in Section 5211, except that if a responsible relative or the guardian or conservator of the person is in possession of the persons property, the report shall include only the name of the relative or guardian or conservator and the location of the property, whereupon responsibility of the person taking him or her them into custody for that property shall terminate. As used in this section, responsible relative includes the spouse, parent, adult child, domestic partner, grandparent, grandchild, or adult brother or sister of the person.(g) (1) Each person, at the time he or she is they are first taken into custody under this section, shall be provided, by the person who takes him or her them into custody, the following information orally in a language or modality accessible to the person. If the person cannot understand an oral advisement, the information shall be provided in writing. The information shall be in substantially the following form:My name is .I am a _____ (peace officer/mental health professional) _____ .with _____ (name of agency) _____ .You are not under criminal arrest, but I am taking you for an examination by mental health professionals at . _____ (name of facility) _____ You will be told your rights by the mental health staff.(2) If taken into custody at his or her the persons own residence, the person shall also be provided the following information:You may bring a few personal items with you, which I will have to approve. Please inform me if you need assistance turning off any appliance or water. You may make a phone call and leave a note to tell your friends or family where you have been taken.(h) The designated facility shall keep, for each patient evaluated, a record of the advisement given pursuant to subdivision (g) (g), which shall include all of the following:(1) The name of the person detained for evaluation.(2) The name and position of the peace officer or mental health professional taking the person into custody.(3) The date the advisement was completed.(4) Whether the advisement was completed.(5) The language or modality used to give the advisement.(6) If the advisement was not completed, a statement of good cause, as defined by regulations of the State Department of Health Care Services.(i) (1) Each person admitted to a facility designated by the county for evaluation and treatment shall be given the following information by admission staff of the facility. The information shall be given orally and in writing and in a language or modality accessible to the person. The written information shall be available to the person in English and in the language that is the persons primary means of communication. Accommodations for other disabilities that may affect communication shall also be provided. The information shall be in substantially the following form:My name is .My position here is.You are being placed into this psychiatric facility because it is our professional opinion that, as a result of a mental health disorder, you are likely to (check applicable): Harm yourself. Harm someone else. Be unable to take care of your own food, clothing, and housing needs. We believe this is true because(list of the facts upon which the allegation of dangerous or gravely disabled due to mental health disorder is based, including pertinent facts arising from the admission interview).You will be held for a period up to 72 hours. During the 72 hours you may also be transferred to another facility. You may request to be evaluated or treated at a facility of your choice. You may request to be evaluated or treated by a mental health professional of your choice. We cannot guarantee the facility or mental health professional you choose will be available, but we will honor your choice if we can.During these 72 hours you will be evaluated by the facility staff, and you may be given treatment, including medications. It is possible for you to be released before the end of the 72 hours. But if the staff decides that you need continued treatment you can be held for a longer period of time. If you are held longer than 72 hours, you have the right to a lawyer and a qualified interpreter and a hearing before a judge. If you are unable to pay for the lawyer, then one will be provided to you free of charge.If you have questions about your legal rights, you may contact the county Patients Rights Advocate at _____ (phone number for the county Patients Rights Advocacy office) _____ .Your 72-hour period began _____ (date/time) _____ .(2) If the notice is given in a county where weekends and holidays are excluded from the 72-hour period, the patient shall be informed of this fact.(j) For each patient admitted for evaluation and treatment, the facility shall keep with the patients medical record a record of the advisement given pursuant to subdivision (i), which shall include all of the following:(1) The name of the person performing the advisement.(2) The date of the advisement.(3) Whether the advisement was completed.(4) The language or modality used to communicate the advisement.(5) If the advisement was not completed, a statement of good cause.
4939
5040 The people of the State of California do enact as follows:
5141
5242 ## The people of the State of California do enact as follows:
5343
54-SECTION 1. Section 1317.14 is added to the Health and Safety Code, to read:1317.14. The state department shall develop and issue, no later than January 1, 2023, best practices for discharging a patient from an emergency department of a hospital if a patient presents behavioral health concerns, is to be released from the hospital, and is not to be taken into custody pursuant to Section 5150 of the Welfare and Institutions Code.
44+SECTION 1. Section 5150 of the Welfare and Institutions Code is amended to read:5150. (a) When a person, as a result of a mental health disorder, is a danger to others, or to himself or herself, themselves, or gravely disabled, a peace officer, professional person in charge of a facility designated by the county for evaluation and treatment, member of the attending staff, as defined by regulation, of a facility designated by the county for evaluation and treatment, designated members of a mobile crisis team, or professional person designated by the county may, upon probable cause, take, or cause to be taken, the person into custody for a period of up to 72 hours for assessment, evaluation, and crisis intervention, or placement for evaluation and treatment in a facility designated by the county for evaluation and treatment and approved by the State Department of Health Care Services. At a minimum, assessment, as defined in Section 5150.4, and evaluation, as defined in subdivision (a) of Section 5008, shall be conducted and provided on an ongoing basis. Crisis intervention, as defined in subdivision (e) of Section 5008, may be provided concurrently with assessment, evaluation, or any other service.(b) When determining if a person should be taken into custody pursuant to subdivision (a), the individual making that determination shall apply the provisions of Section 5150.05, and shall not be limited to consideration of the danger of imminent harm.(c) The professional person in charge of a facility designated by the county for evaluation and treatment, member of the attending staff, or professional person designated by the county shall assess the person to determine whether he or she the person can be properly served without being detained. If, in the judgment of the professional person in charge of the facility designated by the county for evaluation and treatment, member of the attending staff, or professional person designated by the county, the person can be properly served without being detained, he or she the person shall be provided evaluation, crisis intervention, or other inpatient or outpatient services on a voluntary basis. Nothing in this subdivision shall be interpreted to This subdivision does not prevent a peace officer from delivering individuals to a designated facility for assessment under this section. Furthermore, the assessment requirement of this subdivision shall not be interpreted to does not require a peace officers officer to perform any additional duties other than those specified in Sections 5150.1 and 5150.2.(d) Whenever If a person is evaluated by a professional person in charge of a facility designated by the county for evaluation or treatment, member of the attending staff, or professional person designated by the county and is found to be in need of mental health services, but is not admitted to the facility, all available alternative services provided pursuant to subdivision (c) shall be offered as determined by the county mental health director.(e) If, in the judgment of the professional person in charge of the facility designated by the county for evaluation and treatment, member of the attending staff, or the professional person designated by the county, the person cannot be properly served without being detained, the admitting facility shall require an application in writing a written application stating the circumstances under which the persons condition was called to the attention of the peace officer, professional person in charge of the facility designated by the county for evaluation and treatment, member of the attending staff, or professional person designated by the county, and stating that the peace officer, professional person in charge of the facility designated by the county for evaluation and treatment, member of the attending staff, or professional person designated by the county has probable cause to believe that the person is, as a result of a mental health disorder, a danger to others, or to himself or herself, themselves, or gravely disabled. The application shall also record whether the historical course of the persons mental disorder was considered in the determination, pursuant to Section 5150.05. If the probable cause is based on the statement of a person other than the peace officer, professional person in charge of the facility designated by the county for evaluation and treatment, member of the attending staff, or professional person designated by the county, the person shall be liable in a civil action for intentionally giving a statement that he or she the person knows to be false. A copy of the application shall be treated as the original.(f) At the time a person is taken into custody for evaluation, or within a reasonable time thereafter, unless a responsible relative or the guardian or conservator of the person is in possession of the persons personal property, the person taking him or her them into custody shall take reasonable precautions to preserve and safeguard the personal property in the possession of of, or on the premises occupied by by, the person. The person taking him or her them into custody shall then furnish to the court a report generally describing the persons property so that is preserved and safeguarded and its disposition, in substantially the form set forth in Section 5211, except that if a responsible relative or the guardian or conservator of the person is in possession of the persons property, the report shall include only the name of the relative or guardian or conservator and the location of the property, whereupon responsibility of the person taking him or her them into custody for that property shall terminate. As used in this section, responsible relative includes the spouse, parent, adult child, domestic partner, grandparent, grandchild, or adult brother or sister of the person.(g) (1) Each person, at the time he or she is they are first taken into custody under this section, shall be provided, by the person who takes him or her them into custody, the following information orally in a language or modality accessible to the person. If the person cannot understand an oral advisement, the information shall be provided in writing. The information shall be in substantially the following form:My name is .I am a _____ (peace officer/mental health professional) _____ .with _____ (name of agency) _____ .You are not under criminal arrest, but I am taking you for an examination by mental health professionals at . _____ (name of facility) _____ You will be told your rights by the mental health staff.(2) If taken into custody at his or her the persons own residence, the person shall also be provided the following information:You may bring a few personal items with you, which I will have to approve. Please inform me if you need assistance turning off any appliance or water. You may make a phone call and leave a note to tell your friends or family where you have been taken.(h) The designated facility shall keep, for each patient evaluated, a record of the advisement given pursuant to subdivision (g) (g), which shall include all of the following:(1) The name of the person detained for evaluation.(2) The name and position of the peace officer or mental health professional taking the person into custody.(3) The date the advisement was completed.(4) Whether the advisement was completed.(5) The language or modality used to give the advisement.(6) If the advisement was not completed, a statement of good cause, as defined by regulations of the State Department of Health Care Services.(i) (1) Each person admitted to a facility designated by the county for evaluation and treatment shall be given the following information by admission staff of the facility. The information shall be given orally and in writing and in a language or modality accessible to the person. The written information shall be available to the person in English and in the language that is the persons primary means of communication. Accommodations for other disabilities that may affect communication shall also be provided. The information shall be in substantially the following form:My name is .My position here is.You are being placed into this psychiatric facility because it is our professional opinion that, as a result of a mental health disorder, you are likely to (check applicable): Harm yourself. Harm someone else. Be unable to take care of your own food, clothing, and housing needs. We believe this is true because(list of the facts upon which the allegation of dangerous or gravely disabled due to mental health disorder is based, including pertinent facts arising from the admission interview).You will be held for a period up to 72 hours. During the 72 hours you may also be transferred to another facility. You may request to be evaluated or treated at a facility of your choice. You may request to be evaluated or treated by a mental health professional of your choice. We cannot guarantee the facility or mental health professional you choose will be available, but we will honor your choice if we can.During these 72 hours you will be evaluated by the facility staff, and you may be given treatment, including medications. It is possible for you to be released before the end of the 72 hours. But if the staff decides that you need continued treatment you can be held for a longer period of time. If you are held longer than 72 hours, you have the right to a lawyer and a qualified interpreter and a hearing before a judge. If you are unable to pay for the lawyer, then one will be provided to you free of charge.If you have questions about your legal rights, you may contact the county Patients Rights Advocate at _____ (phone number for the county Patients Rights Advocacy office) _____ .Your 72-hour period began _____ (date/time) _____ .(2) If the notice is given in a county where weekends and holidays are excluded from the 72-hour period, the patient shall be informed of this fact.(j) For each patient admitted for evaluation and treatment, the facility shall keep with the patients medical record a record of the advisement given pursuant to subdivision (i), which shall include all of the following:(1) The name of the person performing the advisement.(2) The date of the advisement.(3) Whether the advisement was completed.(4) The language or modality used to communicate the advisement.(5) If the advisement was not completed, a statement of good cause.
5545
56-SECTION 1. Section 1317.14 is added to the Health and Safety Code, to read:
46+SECTION 1. Section 5150 of the Welfare and Institutions Code is amended to read:
5747
5848 ### SECTION 1.
5949
60-1317.14. The state department shall develop and issue, no later than January 1, 2023, best practices for discharging a patient from an emergency department of a hospital if a patient presents behavioral health concerns, is to be released from the hospital, and is not to be taken into custody pursuant to Section 5150 of the Welfare and Institutions Code.
50+5150. (a) When a person, as a result of a mental health disorder, is a danger to others, or to himself or herself, themselves, or gravely disabled, a peace officer, professional person in charge of a facility designated by the county for evaluation and treatment, member of the attending staff, as defined by regulation, of a facility designated by the county for evaluation and treatment, designated members of a mobile crisis team, or professional person designated by the county may, upon probable cause, take, or cause to be taken, the person into custody for a period of up to 72 hours for assessment, evaluation, and crisis intervention, or placement for evaluation and treatment in a facility designated by the county for evaluation and treatment and approved by the State Department of Health Care Services. At a minimum, assessment, as defined in Section 5150.4, and evaluation, as defined in subdivision (a) of Section 5008, shall be conducted and provided on an ongoing basis. Crisis intervention, as defined in subdivision (e) of Section 5008, may be provided concurrently with assessment, evaluation, or any other service.(b) When determining if a person should be taken into custody pursuant to subdivision (a), the individual making that determination shall apply the provisions of Section 5150.05, and shall not be limited to consideration of the danger of imminent harm.(c) The professional person in charge of a facility designated by the county for evaluation and treatment, member of the attending staff, or professional person designated by the county shall assess the person to determine whether he or she the person can be properly served without being detained. If, in the judgment of the professional person in charge of the facility designated by the county for evaluation and treatment, member of the attending staff, or professional person designated by the county, the person can be properly served without being detained, he or she the person shall be provided evaluation, crisis intervention, or other inpatient or outpatient services on a voluntary basis. Nothing in this subdivision shall be interpreted to This subdivision does not prevent a peace officer from delivering individuals to a designated facility for assessment under this section. Furthermore, the assessment requirement of this subdivision shall not be interpreted to does not require a peace officers officer to perform any additional duties other than those specified in Sections 5150.1 and 5150.2.(d) Whenever If a person is evaluated by a professional person in charge of a facility designated by the county for evaluation or treatment, member of the attending staff, or professional person designated by the county and is found to be in need of mental health services, but is not admitted to the facility, all available alternative services provided pursuant to subdivision (c) shall be offered as determined by the county mental health director.(e) If, in the judgment of the professional person in charge of the facility designated by the county for evaluation and treatment, member of the attending staff, or the professional person designated by the county, the person cannot be properly served without being detained, the admitting facility shall require an application in writing a written application stating the circumstances under which the persons condition was called to the attention of the peace officer, professional person in charge of the facility designated by the county for evaluation and treatment, member of the attending staff, or professional person designated by the county, and stating that the peace officer, professional person in charge of the facility designated by the county for evaluation and treatment, member of the attending staff, or professional person designated by the county has probable cause to believe that the person is, as a result of a mental health disorder, a danger to others, or to himself or herself, themselves, or gravely disabled. The application shall also record whether the historical course of the persons mental disorder was considered in the determination, pursuant to Section 5150.05. If the probable cause is based on the statement of a person other than the peace officer, professional person in charge of the facility designated by the county for evaluation and treatment, member of the attending staff, or professional person designated by the county, the person shall be liable in a civil action for intentionally giving a statement that he or she the person knows to be false. A copy of the application shall be treated as the original.(f) At the time a person is taken into custody for evaluation, or within a reasonable time thereafter, unless a responsible relative or the guardian or conservator of the person is in possession of the persons personal property, the person taking him or her them into custody shall take reasonable precautions to preserve and safeguard the personal property in the possession of of, or on the premises occupied by by, the person. The person taking him or her them into custody shall then furnish to the court a report generally describing the persons property so that is preserved and safeguarded and its disposition, in substantially the form set forth in Section 5211, except that if a responsible relative or the guardian or conservator of the person is in possession of the persons property, the report shall include only the name of the relative or guardian or conservator and the location of the property, whereupon responsibility of the person taking him or her them into custody for that property shall terminate. As used in this section, responsible relative includes the spouse, parent, adult child, domestic partner, grandparent, grandchild, or adult brother or sister of the person.(g) (1) Each person, at the time he or she is they are first taken into custody under this section, shall be provided, by the person who takes him or her them into custody, the following information orally in a language or modality accessible to the person. If the person cannot understand an oral advisement, the information shall be provided in writing. The information shall be in substantially the following form:My name is .I am a _____ (peace officer/mental health professional) _____ .with _____ (name of agency) _____ .You are not under criminal arrest, but I am taking you for an examination by mental health professionals at . _____ (name of facility) _____ You will be told your rights by the mental health staff.(2) If taken into custody at his or her the persons own residence, the person shall also be provided the following information:You may bring a few personal items with you, which I will have to approve. Please inform me if you need assistance turning off any appliance or water. You may make a phone call and leave a note to tell your friends or family where you have been taken.(h) The designated facility shall keep, for each patient evaluated, a record of the advisement given pursuant to subdivision (g) (g), which shall include all of the following:(1) The name of the person detained for evaluation.(2) The name and position of the peace officer or mental health professional taking the person into custody.(3) The date the advisement was completed.(4) Whether the advisement was completed.(5) The language or modality used to give the advisement.(6) If the advisement was not completed, a statement of good cause, as defined by regulations of the State Department of Health Care Services.(i) (1) Each person admitted to a facility designated by the county for evaluation and treatment shall be given the following information by admission staff of the facility. The information shall be given orally and in writing and in a language or modality accessible to the person. The written information shall be available to the person in English and in the language that is the persons primary means of communication. Accommodations for other disabilities that may affect communication shall also be provided. The information shall be in substantially the following form:My name is .My position here is.You are being placed into this psychiatric facility because it is our professional opinion that, as a result of a mental health disorder, you are likely to (check applicable): Harm yourself. Harm someone else. Be unable to take care of your own food, clothing, and housing needs. We believe this is true because(list of the facts upon which the allegation of dangerous or gravely disabled due to mental health disorder is based, including pertinent facts arising from the admission interview).You will be held for a period up to 72 hours. During the 72 hours you may also be transferred to another facility. You may request to be evaluated or treated at a facility of your choice. You may request to be evaluated or treated by a mental health professional of your choice. We cannot guarantee the facility or mental health professional you choose will be available, but we will honor your choice if we can.During these 72 hours you will be evaluated by the facility staff, and you may be given treatment, including medications. It is possible for you to be released before the end of the 72 hours. But if the staff decides that you need continued treatment you can be held for a longer period of time. If you are held longer than 72 hours, you have the right to a lawyer and a qualified interpreter and a hearing before a judge. If you are unable to pay for the lawyer, then one will be provided to you free of charge.If you have questions about your legal rights, you may contact the county Patients Rights Advocate at _____ (phone number for the county Patients Rights Advocacy office) _____ .Your 72-hour period began _____ (date/time) _____ .(2) If the notice is given in a county where weekends and holidays are excluded from the 72-hour period, the patient shall be informed of this fact.(j) For each patient admitted for evaluation and treatment, the facility shall keep with the patients medical record a record of the advisement given pursuant to subdivision (i), which shall include all of the following:(1) The name of the person performing the advisement.(2) The date of the advisement.(3) Whether the advisement was completed.(4) The language or modality used to communicate the advisement.(5) If the advisement was not completed, a statement of good cause.
6151
62-1317.14. The state department shall develop and issue, no later than January 1, 2023, best practices for discharging a patient from an emergency department of a hospital if a patient presents behavioral health concerns, is to be released from the hospital, and is not to be taken into custody pursuant to Section 5150 of the Welfare and Institutions Code.
52+5150. (a) When a person, as a result of a mental health disorder, is a danger to others, or to himself or herself, themselves, or gravely disabled, a peace officer, professional person in charge of a facility designated by the county for evaluation and treatment, member of the attending staff, as defined by regulation, of a facility designated by the county for evaluation and treatment, designated members of a mobile crisis team, or professional person designated by the county may, upon probable cause, take, or cause to be taken, the person into custody for a period of up to 72 hours for assessment, evaluation, and crisis intervention, or placement for evaluation and treatment in a facility designated by the county for evaluation and treatment and approved by the State Department of Health Care Services. At a minimum, assessment, as defined in Section 5150.4, and evaluation, as defined in subdivision (a) of Section 5008, shall be conducted and provided on an ongoing basis. Crisis intervention, as defined in subdivision (e) of Section 5008, may be provided concurrently with assessment, evaluation, or any other service.(b) When determining if a person should be taken into custody pursuant to subdivision (a), the individual making that determination shall apply the provisions of Section 5150.05, and shall not be limited to consideration of the danger of imminent harm.(c) The professional person in charge of a facility designated by the county for evaluation and treatment, member of the attending staff, or professional person designated by the county shall assess the person to determine whether he or she the person can be properly served without being detained. If, in the judgment of the professional person in charge of the facility designated by the county for evaluation and treatment, member of the attending staff, or professional person designated by the county, the person can be properly served without being detained, he or she the person shall be provided evaluation, crisis intervention, or other inpatient or outpatient services on a voluntary basis. Nothing in this subdivision shall be interpreted to This subdivision does not prevent a peace officer from delivering individuals to a designated facility for assessment under this section. Furthermore, the assessment requirement of this subdivision shall not be interpreted to does not require a peace officers officer to perform any additional duties other than those specified in Sections 5150.1 and 5150.2.(d) Whenever If a person is evaluated by a professional person in charge of a facility designated by the county for evaluation or treatment, member of the attending staff, or professional person designated by the county and is found to be in need of mental health services, but is not admitted to the facility, all available alternative services provided pursuant to subdivision (c) shall be offered as determined by the county mental health director.(e) If, in the judgment of the professional person in charge of the facility designated by the county for evaluation and treatment, member of the attending staff, or the professional person designated by the county, the person cannot be properly served without being detained, the admitting facility shall require an application in writing a written application stating the circumstances under which the persons condition was called to the attention of the peace officer, professional person in charge of the facility designated by the county for evaluation and treatment, member of the attending staff, or professional person designated by the county, and stating that the peace officer, professional person in charge of the facility designated by the county for evaluation and treatment, member of the attending staff, or professional person designated by the county has probable cause to believe that the person is, as a result of a mental health disorder, a danger to others, or to himself or herself, themselves, or gravely disabled. The application shall also record whether the historical course of the persons mental disorder was considered in the determination, pursuant to Section 5150.05. If the probable cause is based on the statement of a person other than the peace officer, professional person in charge of the facility designated by the county for evaluation and treatment, member of the attending staff, or professional person designated by the county, the person shall be liable in a civil action for intentionally giving a statement that he or she the person knows to be false. A copy of the application shall be treated as the original.(f) At the time a person is taken into custody for evaluation, or within a reasonable time thereafter, unless a responsible relative or the guardian or conservator of the person is in possession of the persons personal property, the person taking him or her them into custody shall take reasonable precautions to preserve and safeguard the personal property in the possession of of, or on the premises occupied by by, the person. The person taking him or her them into custody shall then furnish to the court a report generally describing the persons property so that is preserved and safeguarded and its disposition, in substantially the form set forth in Section 5211, except that if a responsible relative or the guardian or conservator of the person is in possession of the persons property, the report shall include only the name of the relative or guardian or conservator and the location of the property, whereupon responsibility of the person taking him or her them into custody for that property shall terminate. As used in this section, responsible relative includes the spouse, parent, adult child, domestic partner, grandparent, grandchild, or adult brother or sister of the person.(g) (1) Each person, at the time he or she is they are first taken into custody under this section, shall be provided, by the person who takes him or her them into custody, the following information orally in a language or modality accessible to the person. If the person cannot understand an oral advisement, the information shall be provided in writing. The information shall be in substantially the following form:My name is .I am a _____ (peace officer/mental health professional) _____ .with _____ (name of agency) _____ .You are not under criminal arrest, but I am taking you for an examination by mental health professionals at . _____ (name of facility) _____ You will be told your rights by the mental health staff.(2) If taken into custody at his or her the persons own residence, the person shall also be provided the following information:You may bring a few personal items with you, which I will have to approve. Please inform me if you need assistance turning off any appliance or water. You may make a phone call and leave a note to tell your friends or family where you have been taken.(h) The designated facility shall keep, for each patient evaluated, a record of the advisement given pursuant to subdivision (g) (g), which shall include all of the following:(1) The name of the person detained for evaluation.(2) The name and position of the peace officer or mental health professional taking the person into custody.(3) The date the advisement was completed.(4) Whether the advisement was completed.(5) The language or modality used to give the advisement.(6) If the advisement was not completed, a statement of good cause, as defined by regulations of the State Department of Health Care Services.(i) (1) Each person admitted to a facility designated by the county for evaluation and treatment shall be given the following information by admission staff of the facility. The information shall be given orally and in writing and in a language or modality accessible to the person. The written information shall be available to the person in English and in the language that is the persons primary means of communication. Accommodations for other disabilities that may affect communication shall also be provided. The information shall be in substantially the following form:My name is .My position here is.You are being placed into this psychiatric facility because it is our professional opinion that, as a result of a mental health disorder, you are likely to (check applicable): Harm yourself. Harm someone else. Be unable to take care of your own food, clothing, and housing needs. We believe this is true because(list of the facts upon which the allegation of dangerous or gravely disabled due to mental health disorder is based, including pertinent facts arising from the admission interview).You will be held for a period up to 72 hours. During the 72 hours you may also be transferred to another facility. You may request to be evaluated or treated at a facility of your choice. You may request to be evaluated or treated by a mental health professional of your choice. We cannot guarantee the facility or mental health professional you choose will be available, but we will honor your choice if we can.During these 72 hours you will be evaluated by the facility staff, and you may be given treatment, including medications. It is possible for you to be released before the end of the 72 hours. But if the staff decides that you need continued treatment you can be held for a longer period of time. If you are held longer than 72 hours, you have the right to a lawyer and a qualified interpreter and a hearing before a judge. If you are unable to pay for the lawyer, then one will be provided to you free of charge.If you have questions about your legal rights, you may contact the county Patients Rights Advocate at _____ (phone number for the county Patients Rights Advocacy office) _____ .Your 72-hour period began _____ (date/time) _____ .(2) If the notice is given in a county where weekends and holidays are excluded from the 72-hour period, the patient shall be informed of this fact.(j) For each patient admitted for evaluation and treatment, the facility shall keep with the patients medical record a record of the advisement given pursuant to subdivision (i), which shall include all of the following:(1) The name of the person performing the advisement.(2) The date of the advisement.(3) Whether the advisement was completed.(4) The language or modality used to communicate the advisement.(5) If the advisement was not completed, a statement of good cause.
6353
64-1317.14. The state department shall develop and issue, no later than January 1, 2023, best practices for discharging a patient from an emergency department of a hospital if a patient presents behavioral health concerns, is to be released from the hospital, and is not to be taken into custody pursuant to Section 5150 of the Welfare and Institutions Code.
54+5150. (a) When a person, as a result of a mental health disorder, is a danger to others, or to himself or herself, themselves, or gravely disabled, a peace officer, professional person in charge of a facility designated by the county for evaluation and treatment, member of the attending staff, as defined by regulation, of a facility designated by the county for evaluation and treatment, designated members of a mobile crisis team, or professional person designated by the county may, upon probable cause, take, or cause to be taken, the person into custody for a period of up to 72 hours for assessment, evaluation, and crisis intervention, or placement for evaluation and treatment in a facility designated by the county for evaluation and treatment and approved by the State Department of Health Care Services. At a minimum, assessment, as defined in Section 5150.4, and evaluation, as defined in subdivision (a) of Section 5008, shall be conducted and provided on an ongoing basis. Crisis intervention, as defined in subdivision (e) of Section 5008, may be provided concurrently with assessment, evaluation, or any other service.(b) When determining if a person should be taken into custody pursuant to subdivision (a), the individual making that determination shall apply the provisions of Section 5150.05, and shall not be limited to consideration of the danger of imminent harm.(c) The professional person in charge of a facility designated by the county for evaluation and treatment, member of the attending staff, or professional person designated by the county shall assess the person to determine whether he or she the person can be properly served without being detained. If, in the judgment of the professional person in charge of the facility designated by the county for evaluation and treatment, member of the attending staff, or professional person designated by the county, the person can be properly served without being detained, he or she the person shall be provided evaluation, crisis intervention, or other inpatient or outpatient services on a voluntary basis. Nothing in this subdivision shall be interpreted to This subdivision does not prevent a peace officer from delivering individuals to a designated facility for assessment under this section. Furthermore, the assessment requirement of this subdivision shall not be interpreted to does not require a peace officers officer to perform any additional duties other than those specified in Sections 5150.1 and 5150.2.(d) Whenever If a person is evaluated by a professional person in charge of a facility designated by the county for evaluation or treatment, member of the attending staff, or professional person designated by the county and is found to be in need of mental health services, but is not admitted to the facility, all available alternative services provided pursuant to subdivision (c) shall be offered as determined by the county mental health director.(e) If, in the judgment of the professional person in charge of the facility designated by the county for evaluation and treatment, member of the attending staff, or the professional person designated by the county, the person cannot be properly served without being detained, the admitting facility shall require an application in writing a written application stating the circumstances under which the persons condition was called to the attention of the peace officer, professional person in charge of the facility designated by the county for evaluation and treatment, member of the attending staff, or professional person designated by the county, and stating that the peace officer, professional person in charge of the facility designated by the county for evaluation and treatment, member of the attending staff, or professional person designated by the county has probable cause to believe that the person is, as a result of a mental health disorder, a danger to others, or to himself or herself, themselves, or gravely disabled. The application shall also record whether the historical course of the persons mental disorder was considered in the determination, pursuant to Section 5150.05. If the probable cause is based on the statement of a person other than the peace officer, professional person in charge of the facility designated by the county for evaluation and treatment, member of the attending staff, or professional person designated by the county, the person shall be liable in a civil action for intentionally giving a statement that he or she the person knows to be false. A copy of the application shall be treated as the original.(f) At the time a person is taken into custody for evaluation, or within a reasonable time thereafter, unless a responsible relative or the guardian or conservator of the person is in possession of the persons personal property, the person taking him or her them into custody shall take reasonable precautions to preserve and safeguard the personal property in the possession of of, or on the premises occupied by by, the person. The person taking him or her them into custody shall then furnish to the court a report generally describing the persons property so that is preserved and safeguarded and its disposition, in substantially the form set forth in Section 5211, except that if a responsible relative or the guardian or conservator of the person is in possession of the persons property, the report shall include only the name of the relative or guardian or conservator and the location of the property, whereupon responsibility of the person taking him or her them into custody for that property shall terminate. As used in this section, responsible relative includes the spouse, parent, adult child, domestic partner, grandparent, grandchild, or adult brother or sister of the person.(g) (1) Each person, at the time he or she is they are first taken into custody under this section, shall be provided, by the person who takes him or her them into custody, the following information orally in a language or modality accessible to the person. If the person cannot understand an oral advisement, the information shall be provided in writing. The information shall be in substantially the following form:My name is .I am a _____ (peace officer/mental health professional) _____ .with _____ (name of agency) _____ .You are not under criminal arrest, but I am taking you for an examination by mental health professionals at . _____ (name of facility) _____ You will be told your rights by the mental health staff.(2) If taken into custody at his or her the persons own residence, the person shall also be provided the following information:You may bring a few personal items with you, which I will have to approve. Please inform me if you need assistance turning off any appliance or water. You may make a phone call and leave a note to tell your friends or family where you have been taken.(h) The designated facility shall keep, for each patient evaluated, a record of the advisement given pursuant to subdivision (g) (g), which shall include all of the following:(1) The name of the person detained for evaluation.(2) The name and position of the peace officer or mental health professional taking the person into custody.(3) The date the advisement was completed.(4) Whether the advisement was completed.(5) The language or modality used to give the advisement.(6) If the advisement was not completed, a statement of good cause, as defined by regulations of the State Department of Health Care Services.(i) (1) Each person admitted to a facility designated by the county for evaluation and treatment shall be given the following information by admission staff of the facility. The information shall be given orally and in writing and in a language or modality accessible to the person. The written information shall be available to the person in English and in the language that is the persons primary means of communication. Accommodations for other disabilities that may affect communication shall also be provided. The information shall be in substantially the following form:My name is .My position here is.You are being placed into this psychiatric facility because it is our professional opinion that, as a result of a mental health disorder, you are likely to (check applicable): Harm yourself. Harm someone else. Be unable to take care of your own food, clothing, and housing needs. We believe this is true because(list of the facts upon which the allegation of dangerous or gravely disabled due to mental health disorder is based, including pertinent facts arising from the admission interview).You will be held for a period up to 72 hours. During the 72 hours you may also be transferred to another facility. You may request to be evaluated or treated at a facility of your choice. You may request to be evaluated or treated by a mental health professional of your choice. We cannot guarantee the facility or mental health professional you choose will be available, but we will honor your choice if we can.During these 72 hours you will be evaluated by the facility staff, and you may be given treatment, including medications. It is possible for you to be released before the end of the 72 hours. But if the staff decides that you need continued treatment you can be held for a longer period of time. If you are held longer than 72 hours, you have the right to a lawyer and a qualified interpreter and a hearing before a judge. If you are unable to pay for the lawyer, then one will be provided to you free of charge.If you have questions about your legal rights, you may contact the county Patients Rights Advocate at _____ (phone number for the county Patients Rights Advocacy office) _____ .Your 72-hour period began _____ (date/time) _____ .(2) If the notice is given in a county where weekends and holidays are excluded from the 72-hour period, the patient shall be informed of this fact.(j) For each patient admitted for evaluation and treatment, the facility shall keep with the patients medical record a record of the advisement given pursuant to subdivision (i), which shall include all of the following:(1) The name of the person performing the advisement.(2) The date of the advisement.(3) Whether the advisement was completed.(4) The language or modality used to communicate the advisement.(5) If the advisement was not completed, a statement of good cause.
6555
6656
6757
68-1317.14. The state department shall develop and issue, no later than January 1, 2023, best practices for discharging a patient from an emergency department of a hospital if a patient presents behavioral health concerns, is to be released from the hospital, and is not to be taken into custody pursuant to Section 5150 of the Welfare and Institutions Code.
69-
70-
71-
72-
73-
74-(a)When a person, as a result of a mental health disorder, is a danger to others, or to themselves, or gravely disabled, a peace officer, professional person in charge of a facility designated by the county for evaluation and treatment, member of the attending staff, as defined by regulation, of a facility designated by the county for evaluation and treatment, designated members of a mobile crisis team, or professional person designated by the county may, upon probable cause, take, or cause to be taken, the person into custody for a period of up to 72 hours for assessment, evaluation, and crisis intervention, or placement for evaluation and treatment in a facility designated by the county for evaluation and treatment and approved by the State Department of Health Care Services. At a minimum, assessment, as defined in Section 5150.4, and evaluation, as defined in subdivision (a) of Section 5008, shall be conducted and provided on an ongoing basis. Crisis intervention, as defined in subdivision (e) of Section 5008, may be provided concurrently with assessment, evaluation, or any other service.
75-
76-
58+5150. (a) When a person, as a result of a mental health disorder, is a danger to others, or to himself or herself, themselves, or gravely disabled, a peace officer, professional person in charge of a facility designated by the county for evaluation and treatment, member of the attending staff, as defined by regulation, of a facility designated by the county for evaluation and treatment, designated members of a mobile crisis team, or professional person designated by the county may, upon probable cause, take, or cause to be taken, the person into custody for a period of up to 72 hours for assessment, evaluation, and crisis intervention, or placement for evaluation and treatment in a facility designated by the county for evaluation and treatment and approved by the State Department of Health Care Services. At a minimum, assessment, as defined in Section 5150.4, and evaluation, as defined in subdivision (a) of Section 5008, shall be conducted and provided on an ongoing basis. Crisis intervention, as defined in subdivision (e) of Section 5008, may be provided concurrently with assessment, evaluation, or any other service.
7759
7860 (b) When determining if a person should be taken into custody pursuant to subdivision (a), the individual making that determination shall apply the provisions of Section 5150.05, and shall not be limited to consideration of the danger of imminent harm.
7961
62+(c) The professional person in charge of a facility designated by the county for evaluation and treatment, member of the attending staff, or professional person designated by the county shall assess the person to determine whether he or she the person can be properly served without being detained. If, in the judgment of the professional person in charge of the facility designated by the county for evaluation and treatment, member of the attending staff, or professional person designated by the county, the person can be properly served without being detained, he or she the person shall be provided evaluation, crisis intervention, or other inpatient or outpatient services on a voluntary basis. Nothing in this subdivision shall be interpreted to This subdivision does not prevent a peace officer from delivering individuals to a designated facility for assessment under this section. Furthermore, the assessment requirement of this subdivision shall not be interpreted to does not require a peace officers officer to perform any additional duties other than those specified in Sections 5150.1 and 5150.2.
8063
64+(d) Whenever If a person is evaluated by a professional person in charge of a facility designated by the county for evaluation or treatment, member of the attending staff, or professional person designated by the county and is found to be in need of mental health services, but is not admitted to the facility, all available alternative services provided pursuant to subdivision (c) shall be offered as determined by the county mental health director.
8165
82-(c)The professional person in charge of a facility designated by the county for evaluation and treatment, member of the attending staff, or professional person designated by the county shall assess the person to determine whether the person can be properly served without being detained. If, in the judgment of the professional person in charge of the facility designated by the county for evaluation and treatment, member of the attending staff, or professional person designated by the county, the person can be properly served without being detained, the person shall be provided evaluation, crisis intervention, or other inpatient or outpatient services on a voluntary basis. This subdivision does not prevent a peace officer from delivering individuals to a designated facility for assessment under this section. Furthermore, the assessment requirement of this subdivision does not require a peace officer to perform any additional duties other than those specified in Sections 5150.1 and 5150.2.
66+(e) If, in the judgment of the professional person in charge of the facility designated by the county for evaluation and treatment, member of the attending staff, or the professional person designated by the county, the person cannot be properly served without being detained, the admitting facility shall require an application in writing a written application stating the circumstances under which the persons condition was called to the attention of the peace officer, professional person in charge of the facility designated by the county for evaluation and treatment, member of the attending staff, or professional person designated by the county, and stating that the peace officer, professional person in charge of the facility designated by the county for evaluation and treatment, member of the attending staff, or professional person designated by the county has probable cause to believe that the person is, as a result of a mental health disorder, a danger to others, or to himself or herself, themselves, or gravely disabled. The application shall also record whether the historical course of the persons mental disorder was considered in the determination, pursuant to Section 5150.05. If the probable cause is based on the statement of a person other than the peace officer, professional person in charge of the facility designated by the county for evaluation and treatment, member of the attending staff, or professional person designated by the county, the person shall be liable in a civil action for intentionally giving a statement that he or she the person knows to be false. A copy of the application shall be treated as the original.
8367
68+(f) At the time a person is taken into custody for evaluation, or within a reasonable time thereafter, unless a responsible relative or the guardian or conservator of the person is in possession of the persons personal property, the person taking him or her them into custody shall take reasonable precautions to preserve and safeguard the personal property in the possession of of, or on the premises occupied by by, the person. The person taking him or her them into custody shall then furnish to the court a report generally describing the persons property so that is preserved and safeguarded and its disposition, in substantially the form set forth in Section 5211, except that if a responsible relative or the guardian or conservator of the person is in possession of the persons property, the report shall include only the name of the relative or guardian or conservator and the location of the property, whereupon responsibility of the person taking him or her them into custody for that property shall terminate. As used in this section, responsible relative includes the spouse, parent, adult child, domestic partner, grandparent, grandchild, or adult brother or sister of the person.
8469
70+(g) (1) Each person, at the time he or she is they are first taken into custody under this section, shall be provided, by the person who takes him or her them into custody, the following information orally in a language or modality accessible to the person. If the person cannot understand an oral advisement, the information shall be provided in writing. The information shall be in substantially the following form:
8571
86-(d)If a person is evaluated by a professional person in charge of a facility designated by the county for evaluation or treatment, member of the attending staff, or professional person designated by the county and is found to be in need of mental health services, but is not admitted to the facility, all available alternative services provided pursuant to subdivision (c) shall be offered as determined by the county mental health director.
87-
88-
89-
90-(e)If, in the judgment of the professional person in charge of the facility designated by the county for evaluation and treatment, member of the attending staff, or the professional person designated by the county, the person cannot be properly served without being detained, the admitting facility shall require a written application stating the circumstances under which the persons condition was called to the attention of the peace officer, professional person in charge of the facility designated by the county for evaluation and treatment, member of the attending staff, or professional person designated by the county, and stating that the peace officer, professional person in charge of the facility designated by the county for evaluation and treatment, member of the attending staff, or professional person designated by the county has probable cause to believe that the person is, as a result of a mental health disorder, a danger to others, or to themselves, or gravely disabled. The application shall also record whether the historical course of the persons mental disorder was considered in the determination, pursuant to Section 5150.05. If the probable cause is based on the statement of a person other than the peace officer, professional person in charge of the facility designated by the county for evaluation and treatment, member of the attending staff, or professional person designated by the county, the person shall be liable in a civil action for intentionally giving a statement that the person knows to be false. A copy of the application shall be treated as the original.
91-
92-
93-
94-(f)At the time a person is taken into custody for evaluation, or within a reasonable time thereafter, unless a responsible relative or the guardian or conservator of the person is in possession of the persons personal property, the person taking them into custody shall take reasonable precautions to preserve and safeguard the personal property in the possession of, or on the premises occupied by, the person. The person taking them into custody shall then furnish to the court a report generally describing the persons property that is preserved and safeguarded and its disposition, in substantially the form set forth in Section 5211, except that if a responsible relative or the guardian or conservator of the person is in possession of the persons property, the report shall include only the name of the relative or guardian or conservator and the location of the property, whereupon responsibility of the person taking them into custody for that property shall terminate. As used in this section, responsible relative includes the spouse, parent, adult child, domestic partner, grandparent, grandchild, or adult brother or sister of the person.
95-
96-
97-
98-(g)(1)Each person, at the time they are first taken into custody under this section, shall be provided, by the person who takes them into custody, the following information orally in a language or modality accessible to the person. If the person cannot understand an oral advisement, the information shall be provided in writing. The information shall be in substantially the following form:
99-
100-
101-
102-My name is .I am a(peace officer/mental health professional) .with(name of agency) .You are not under criminal arrest, but I am taking you for an examination by mental health professionals at .(name of facility)You will be told your rights by the mental health staff.
72+My name is .I am a _____ (peace officer/mental health professional) _____ .with _____ (name of agency) _____ .You are not under criminal arrest, but I am taking you for an examination by mental health professionals at . _____ (name of facility) _____ You will be told your rights by the mental health staff.
10373
10474 My name is .
10575
76+I am a _____ (peace officer/mental health professional) _____ .
10677
107-
108-I am a(peace officer/mental health professional) .
109-
110-
111-
112-with(name of agency) .
113-
114-
78+with _____ (name of agency) _____ .
11579
11680 You are not under criminal arrest, but I am taking you for an examination by mental health professionals at .
11781
118-
119-
120-(name of facility)
121-
122-
82+ _____ (name of facility) _____
12383
12484 You will be told your rights by the mental health staff.
12585
126-
127-
128-(2)If taken into custody at the persons own residence, the person shall also be provided the following information:
129-
130-
86+(2) If taken into custody at his or her the persons own residence, the person shall also be provided the following information:
13187
13288 You may bring a few personal items with you, which I will have to approve. Please inform me if you need assistance turning off any appliance or water. You may make a phone call and leave a note to tell your friends or family where you have been taken.
13389
134-
135-
136-(h)The designated facility shall keep, for each patient evaluated, a record of the advisement given pursuant to subdivision (g), which shall include all of the following:
137-
138-
90+(h) The designated facility shall keep, for each patient evaluated, a record of the advisement given pursuant to subdivision (g) (g), which shall include all of the following:
13991
14092 (1) The name of the person detained for evaluation.
14193
142-
143-
14494 (2) The name and position of the peace officer or mental health professional taking the person into custody.
145-
146-
14795
14896 (3) The date the advisement was completed.
14997
150-
151-
15298 (4) Whether the advisement was completed.
153-
154-
15599
156100 (5) The language or modality used to give the advisement.
157101
158-
159-
160102 (6) If the advisement was not completed, a statement of good cause, as defined by regulations of the State Department of Health Care Services.
161-
162-
163103
164104 (i) (1) Each person admitted to a facility designated by the county for evaluation and treatment shall be given the following information by admission staff of the facility. The information shall be given orally and in writing and in a language or modality accessible to the person. The written information shall be available to the person in English and in the language that is the persons primary means of communication. Accommodations for other disabilities that may affect communication shall also be provided. The information shall be in substantially the following form:
165105
166-
167-
168-My name is .
169-My position here is  .
106+My name is .
107+My position here is.
170108 You are being placed into this psychiatric facility because it is our professional opinion that, as a result of a mental health disorder, you are likely to (check applicable):
171109 Harm yourself. Harm someone else. Be unable to take care of your own food, clothing, and housing needs. We believe this is true because
172110 (list of the facts upon which the allegation of dangerous or gravely disabled due to mental health disorder is based, including pertinent facts arising from the admission interview).
173111 You will be held for a period up to 72 hours. During the 72 hours you may also be transferred to another facility. You may request to be evaluated or treated at a facility of your choice. You may request to be evaluated or treated by a mental health professional of your choice. We cannot guarantee the facility or mental health professional you choose will be available, but we will honor your choice if we can.
174112 During these 72 hours you will be evaluated by the facility staff, and you may be given treatment, including medications. It is possible for you to be released before the end of the 72 hours. But if the staff decides that you need continued treatment you can be held for a longer period of time. If you are held longer than 72 hours, you have the right to a lawyer and a qualified interpreter and a hearing before a judge. If you are unable to pay for the lawyer, then one will be provided to you free of charge.
175-If you have questions about your legal rights, you may contact the county Patients Rights Advocate at (phone number for the county Patients Rights Advocacy office).Your 72-hour period began (date/time).
113+If you have questions about your legal rights, you may contact the county Patients Rights Advocate at _____ (phone number for the county Patients Rights Advocacy office) _____ .Your 72-hour period began _____ (date/time) _____ .
176114
177-My name is .
115+My name is .
178116
179-
180-
181-My position here is  .
182-
183-
117+My position here is.
184118
185119 You are being placed into this psychiatric facility because it is our professional opinion that, as a result of a mental health disorder, you are likely to (check applicable):
186-
187-
188120
189121 Harm yourself. Harm someone else. Be unable to take care of your own food, clothing, and housing needs. We believe this is true because
190122
191123
192124
193-
194-
195-
196-
197125 (list of the facts upon which the allegation of dangerous or gravely disabled due to mental health disorder is based, including pertinent facts arising from the admission interview).
198-
199-
200126
201127 You will be held for a period up to 72 hours. During the 72 hours you may also be transferred to another facility. You may request to be evaluated or treated at a facility of your choice. You may request to be evaluated or treated by a mental health professional of your choice. We cannot guarantee the facility or mental health professional you choose will be available, but we will honor your choice if we can.
202128
203-
204-
205129 During these 72 hours you will be evaluated by the facility staff, and you may be given treatment, including medications. It is possible for you to be released before the end of the 72 hours. But if the staff decides that you need continued treatment you can be held for a longer period of time. If you are held longer than 72 hours, you have the right to a lawyer and a qualified interpreter and a hearing before a judge. If you are unable to pay for the lawyer, then one will be provided to you free of charge.
206130
131+If you have questions about your legal rights, you may contact the county Patients Rights Advocate at _____ (phone number for the county Patients Rights Advocacy office) _____ .
207132
208-
209-If you have questions about your legal rights, you may contact the county Patients Rights Advocate at (phone number for the county Patients Rights Advocacy office).
210-
211-
212-
213-Your 72-hour period began (date/time).
214-
215-
133+Your 72-hour period began _____ (date/time) _____ .
216134
217135 (2) If the notice is given in a county where weekends and holidays are excluded from the 72-hour period, the patient shall be informed of this fact.
218136
219-
220-
221137 (j) For each patient admitted for evaluation and treatment, the facility shall keep with the patients medical record a record of the advisement given pursuant to subdivision (i), which shall include all of the following:
222-
223-
224138
225139 (1) The name of the person performing the advisement.
226140
227-
228-
229141 (2) The date of the advisement.
230-
231-
232142
233143 (3) Whether the advisement was completed.
234144
235-
236-
237145 (4) The language or modality used to communicate the advisement.
238-
239-
240146
241147 (5) If the advisement was not completed, a statement of good cause.