CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2853Introduced by Assembly Member Lackey(Principal coauthor: Assembly Member Waldron)February 18, 2022 An act to amend Section 5400 of the Welfare and Institutions Code, relating to mental health. LEGISLATIVE COUNSEL'S DIGESTAB 2853, as introduced, Lackey. Mental health: involuntary holds.Existing law, the Lanterman-Petris-Short Act, provides for the involuntary commitment and treatment of a person who is a danger to themselves or others or who is gravely disabled. Existing law also provides for a conservator of the person or estate to be appointed for a person who is gravely disabled. Existing law requires the Director of Health Care Services to administer the act and adopt rules, regulations, and standards, as necessary.This bill would also require the State Department of Health Care Services to establish guidelines for the application of the Lanterman-Petris-Short Act to ensure that it is uniformly applied by counties, including, at a minimum, an explanation of how to determine if a person meets the definition of gravely disabled and if a person is a danger to themselves or others. The bill would also require the department to establish a maximum period of time for which a person may be detained for an evaluation to determine if the person should be taken into custody for a 72-hour involuntary commitment.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 5400 of the Welfare and Institutions Code is amended to read:5400. (a) The Director of Health Care Services shall administer this part and shall adopt rules, regulations, and standards as necessary. In developing rules, regulations, and standards, the Director of Health Care Services shall consult with the County Behavioral Health Directors Association of California, the California Behavioral Health Planning Council, and the office of the Attorney General. Adoption of these standards, rules, and regulations shall require approval by the County Behavioral Health Directors Association of California by majority vote of those present at an official session.(b) Wherever feasible and appropriate, rules, regulations, and standards adopted under this part shall correspond to comparable rules, regulations, and standards adopted under the Bronzan-McCorquodale Act. These corresponding rules, regulations, and standards shall include qualifications for professional personnel.(c) Regulations adopted pursuant to this part may provide standards for services for persons with chronic alcoholism that differ from the standards for services for persons with mental health disorders.(d) (1) The State Department of Health Care Services shall establish guidelines for the application of this part to ensure that it is uniformly applied by counties. The guidelines shall include, at a minimum, an explanation of how to determine if a person meets the definition of gravely disabled, as that term is defined in Section 5008, and if a person is a danger to themselves or others.(2) The department shall also establish a maximum period of time for which a person may be detained for an evaluation to determine if the person should be taken into custody pursuant to subdivision (a) of Section 5150.
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2853Introduced by Assembly Member Lackey(Principal coauthor: Assembly Member Waldron)February 18, 2022 An act to amend Section 5400 of the Welfare and Institutions Code, relating to mental health. LEGISLATIVE COUNSEL'S DIGESTAB 2853, as introduced, Lackey. Mental health: involuntary holds.Existing law, the Lanterman-Petris-Short Act, provides for the involuntary commitment and treatment of a person who is a danger to themselves or others or who is gravely disabled. Existing law also provides for a conservator of the person or estate to be appointed for a person who is gravely disabled. Existing law requires the Director of Health Care Services to administer the act and adopt rules, regulations, and standards, as necessary.This bill would also require the State Department of Health Care Services to establish guidelines for the application of the Lanterman-Petris-Short Act to ensure that it is uniformly applied by counties, including, at a minimum, an explanation of how to determine if a person meets the definition of gravely disabled and if a person is a danger to themselves or others. The bill would also require the department to establish a maximum period of time for which a person may be detained for an evaluation to determine if the person should be taken into custody for a 72-hour involuntary commitment.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
Assembly Bill
No. 2853
Introduced by Assembly Member Lackey(Principal coauthor: Assembly Member Waldron)February 18, 2022
Introduced by Assembly Member Lackey(Principal coauthor: Assembly Member Waldron)
February 18, 2022
An act to amend Section 5400 of the Welfare and Institutions Code, relating to mental health.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 2853, as introduced, Lackey. Mental health: involuntary holds.
Existing law, the Lanterman-Petris-Short Act, provides for the involuntary commitment and treatment of a person who is a danger to themselves or others or who is gravely disabled. Existing law also provides for a conservator of the person or estate to be appointed for a person who is gravely disabled. Existing law requires the Director of Health Care Services to administer the act and adopt rules, regulations, and standards, as necessary.This bill would also require the State Department of Health Care Services to establish guidelines for the application of the Lanterman-Petris-Short Act to ensure that it is uniformly applied by counties, including, at a minimum, an explanation of how to determine if a person meets the definition of gravely disabled and if a person is a danger to themselves or others. The bill would also require the department to establish a maximum period of time for which a person may be detained for an evaluation to determine if the person should be taken into custody for a 72-hour involuntary commitment.
Existing law, the Lanterman-Petris-Short Act, provides for the involuntary commitment and treatment of a person who is a danger to themselves or others or who is gravely disabled. Existing law also provides for a conservator of the person or estate to be appointed for a person who is gravely disabled. Existing law requires the Director of Health Care Services to administer the act and adopt rules, regulations, and standards, as necessary.
This bill would also require the State Department of Health Care Services to establish guidelines for the application of the Lanterman-Petris-Short Act to ensure that it is uniformly applied by counties, including, at a minimum, an explanation of how to determine if a person meets the definition of gravely disabled and if a person is a danger to themselves or others. The bill would also require the department to establish a maximum period of time for which a person may be detained for an evaluation to determine if the person should be taken into custody for a 72-hour involuntary commitment.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 5400 of the Welfare and Institutions Code is amended to read:5400. (a) The Director of Health Care Services shall administer this part and shall adopt rules, regulations, and standards as necessary. In developing rules, regulations, and standards, the Director of Health Care Services shall consult with the County Behavioral Health Directors Association of California, the California Behavioral Health Planning Council, and the office of the Attorney General. Adoption of these standards, rules, and regulations shall require approval by the County Behavioral Health Directors Association of California by majority vote of those present at an official session.(b) Wherever feasible and appropriate, rules, regulations, and standards adopted under this part shall correspond to comparable rules, regulations, and standards adopted under the Bronzan-McCorquodale Act. These corresponding rules, regulations, and standards shall include qualifications for professional personnel.(c) Regulations adopted pursuant to this part may provide standards for services for persons with chronic alcoholism that differ from the standards for services for persons with mental health disorders.(d) (1) The State Department of Health Care Services shall establish guidelines for the application of this part to ensure that it is uniformly applied by counties. The guidelines shall include, at a minimum, an explanation of how to determine if a person meets the definition of gravely disabled, as that term is defined in Section 5008, and if a person is a danger to themselves or others.(2) The department shall also establish a maximum period of time for which a person may be detained for an evaluation to determine if the person should be taken into custody pursuant to subdivision (a) of Section 5150.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 5400 of the Welfare and Institutions Code is amended to read:5400. (a) The Director of Health Care Services shall administer this part and shall adopt rules, regulations, and standards as necessary. In developing rules, regulations, and standards, the Director of Health Care Services shall consult with the County Behavioral Health Directors Association of California, the California Behavioral Health Planning Council, and the office of the Attorney General. Adoption of these standards, rules, and regulations shall require approval by the County Behavioral Health Directors Association of California by majority vote of those present at an official session.(b) Wherever feasible and appropriate, rules, regulations, and standards adopted under this part shall correspond to comparable rules, regulations, and standards adopted under the Bronzan-McCorquodale Act. These corresponding rules, regulations, and standards shall include qualifications for professional personnel.(c) Regulations adopted pursuant to this part may provide standards for services for persons with chronic alcoholism that differ from the standards for services for persons with mental health disorders.(d) (1) The State Department of Health Care Services shall establish guidelines for the application of this part to ensure that it is uniformly applied by counties. The guidelines shall include, at a minimum, an explanation of how to determine if a person meets the definition of gravely disabled, as that term is defined in Section 5008, and if a person is a danger to themselves or others.(2) The department shall also establish a maximum period of time for which a person may be detained for an evaluation to determine if the person should be taken into custody pursuant to subdivision (a) of Section 5150.
SECTION 1. Section 5400 of the Welfare and Institutions Code is amended to read:
### SECTION 1.
5400. (a) The Director of Health Care Services shall administer this part and shall adopt rules, regulations, and standards as necessary. In developing rules, regulations, and standards, the Director of Health Care Services shall consult with the County Behavioral Health Directors Association of California, the California Behavioral Health Planning Council, and the office of the Attorney General. Adoption of these standards, rules, and regulations shall require approval by the County Behavioral Health Directors Association of California by majority vote of those present at an official session.(b) Wherever feasible and appropriate, rules, regulations, and standards adopted under this part shall correspond to comparable rules, regulations, and standards adopted under the Bronzan-McCorquodale Act. These corresponding rules, regulations, and standards shall include qualifications for professional personnel.(c) Regulations adopted pursuant to this part may provide standards for services for persons with chronic alcoholism that differ from the standards for services for persons with mental health disorders.(d) (1) The State Department of Health Care Services shall establish guidelines for the application of this part to ensure that it is uniformly applied by counties. The guidelines shall include, at a minimum, an explanation of how to determine if a person meets the definition of gravely disabled, as that term is defined in Section 5008, and if a person is a danger to themselves or others.(2) The department shall also establish a maximum period of time for which a person may be detained for an evaluation to determine if the person should be taken into custody pursuant to subdivision (a) of Section 5150.
5400. (a) The Director of Health Care Services shall administer this part and shall adopt rules, regulations, and standards as necessary. In developing rules, regulations, and standards, the Director of Health Care Services shall consult with the County Behavioral Health Directors Association of California, the California Behavioral Health Planning Council, and the office of the Attorney General. Adoption of these standards, rules, and regulations shall require approval by the County Behavioral Health Directors Association of California by majority vote of those present at an official session.(b) Wherever feasible and appropriate, rules, regulations, and standards adopted under this part shall correspond to comparable rules, regulations, and standards adopted under the Bronzan-McCorquodale Act. These corresponding rules, regulations, and standards shall include qualifications for professional personnel.(c) Regulations adopted pursuant to this part may provide standards for services for persons with chronic alcoholism that differ from the standards for services for persons with mental health disorders.(d) (1) The State Department of Health Care Services shall establish guidelines for the application of this part to ensure that it is uniformly applied by counties. The guidelines shall include, at a minimum, an explanation of how to determine if a person meets the definition of gravely disabled, as that term is defined in Section 5008, and if a person is a danger to themselves or others.(2) The department shall also establish a maximum period of time for which a person may be detained for an evaluation to determine if the person should be taken into custody pursuant to subdivision (a) of Section 5150.
5400. (a) The Director of Health Care Services shall administer this part and shall adopt rules, regulations, and standards as necessary. In developing rules, regulations, and standards, the Director of Health Care Services shall consult with the County Behavioral Health Directors Association of California, the California Behavioral Health Planning Council, and the office of the Attorney General. Adoption of these standards, rules, and regulations shall require approval by the County Behavioral Health Directors Association of California by majority vote of those present at an official session.(b) Wherever feasible and appropriate, rules, regulations, and standards adopted under this part shall correspond to comparable rules, regulations, and standards adopted under the Bronzan-McCorquodale Act. These corresponding rules, regulations, and standards shall include qualifications for professional personnel.(c) Regulations adopted pursuant to this part may provide standards for services for persons with chronic alcoholism that differ from the standards for services for persons with mental health disorders.(d) (1) The State Department of Health Care Services shall establish guidelines for the application of this part to ensure that it is uniformly applied by counties. The guidelines shall include, at a minimum, an explanation of how to determine if a person meets the definition of gravely disabled, as that term is defined in Section 5008, and if a person is a danger to themselves or others.(2) The department shall also establish a maximum period of time for which a person may be detained for an evaluation to determine if the person should be taken into custody pursuant to subdivision (a) of Section 5150.
5400. (a) The Director of Health Care Services shall administer this part and shall adopt rules, regulations, and standards as necessary. In developing rules, regulations, and standards, the Director of Health Care Services shall consult with the County Behavioral Health Directors Association of California, the California Behavioral Health Planning Council, and the office of the Attorney General. Adoption of these standards, rules, and regulations shall require approval by the County Behavioral Health Directors Association of California by majority vote of those present at an official session.
(b) Wherever feasible and appropriate, rules, regulations, and standards adopted under this part shall correspond to comparable rules, regulations, and standards adopted under the Bronzan-McCorquodale Act. These corresponding rules, regulations, and standards shall include qualifications for professional personnel.
(c) Regulations adopted pursuant to this part may provide standards for services for persons with chronic alcoholism that differ from the standards for services for persons with mental health disorders.
(d) (1) The State Department of Health Care Services shall establish guidelines for the application of this part to ensure that it is uniformly applied by counties. The guidelines shall include, at a minimum, an explanation of how to determine if a person meets the definition of gravely disabled, as that term is defined in Section 5008, and if a person is a danger to themselves or others.
(2) The department shall also establish a maximum period of time for which a person may be detained for an evaluation to determine if the person should be taken into custody pursuant to subdivision (a) of Section 5150.