Code Section

Welfare and Institutions Code - WIC

DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5987]

  ( Division 5 repealed and added by Stats. 1967, Ch. 1667. )
  

PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550]

  ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. )
  

CHAPTER 2. Involuntary Treatment [5150 - 5349.1]

  ( Chapter 2 added by Stats. 1967, Ch. 1667. )
  

ARTICLE 4.7. Additional Intensive Treatment [5270.10 - 5270.70]
  ( Article 4.7 added by Stats. 1988, Ch. 1517, Sec. 10. )

  
5270.55.  

(a) Whenever it is contemplated that a gravely disabled person may need to be detained beyond the end of the 14-day period of intensive treatment and prior to proceeding with an additional 30-day certification, the professional person in charge of the facility shall cause an evaluation to be made, based on the patient’s current condition and past history, as to whether it appears that the person, even after up to 30 days of additional treatment, is likely to qualify for appointment of a conservator. If the appointment of a conservator appears likely, the conservatorship referral shall be made during the 14-day period of intensive treatment.

(b) If it appears that with up to 30 days additional treatment a person is likely to reconstitute sufficiently to obviate the need for appointment of a conservator, then the person may be certified for the additional 30 days.

(c) When a conservatorship referral has not been made during the 14-day period and it appears during the 30-day certification that the person is likely to require the appointment of a conservator, or when a conservatorship referral has not been made during the initial 30-day period and it appears during a second consecutive 30-day period of intensive treatment approved by a court pursuant to Section 5270.70 that the person is likely to require the appointment of a conservator, then the conservatorship referral shall be made to allow sufficient time for conservatorship investigation and other related procedures. If a temporary conservatorship is obtained, it shall run concurrently with and not consecutively to the 30-day certification period. The conservatorship hearing shall be held by the 30th day of the certification period. The maximum involuntary detention period for gravely disabled persons pursuant to Sections 5150, 5250, and 5270.15 shall be limited to 77 days. This section does not prevent a person from exercising their right to a hearing as stated in Sections 5275 and 5353.

(Amended by Stats. 2022, Ch. 619, Sec. 1. (SB 1227) Effective January 1, 2023.)