Code Section Group

Welfare and Institutions Code - WIC

DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5952]

  ( Division 5 repealed and added by Stats. 1967, Ch. 1667.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

PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5556]

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

CHAPTER 5. Housing Conservatorship for Persons with Serious Mental Illness and Substance Use Disorders [5450 - 5466]
  ( Chapter 5 added by Stats. 2018, Ch. 845, Sec. 1. )

5450.
  

(a) Until January 1, 2024, this chapter shall apply only to the County of Los Angeles, the County of San Diego, and the City and County of San Francisco if the board of supervisors of the respective county or city and county, by resolution or through the county budget process, authorizes the application of this chapter and makes a finding that no voluntary mental health program serving adults, no children’s mental health program, and no services or supports provided in conservatorships established pursuant to Division 4 (commencing with Section 1400) of the Probate Code or conservatorships established pursuant to Chapter 3 (commencing with Section 5350), including availability of conservators, may be reduced as a result of the implementation of this chapter.

(b) (1) Before the county board of supervisors may authorize the application of this chapter, the county mental health department, the county welfare department, and, if one exists, the county department of housing and homeless services shall do both of the following:

(A) Develop a plan to implement this chapter in consultation with representatives of disability rights advocacy groups, a provider of permanent supportive housing services, the county health department, law enforcement, labor unions, and staff from hospitals located in the county or the city and county.

(B) Present before the county board of supervisors on the plan and available resources for the implementation of this chapter.

(2) In order to approve authorization of the application of this chapter, the county board of supervisors shall determine, after a public hearing, based on materials presented, that all of the following services are available in, at a minimum, sufficient quantity, resources, and funding levels to serve the identified population that the county board of supervisors intends to serve, within the county or city and county for utilization in connection with the application of this chapter:

(A) Supportive community housing that provides wraparound services, with adequate beds available.

(B) Public conservators trained on the specifics of how to assess and evaluate individuals for the new form of conservatorship described in this chapter.

(C) Outpatient mental health counseling.

(D) Coordination and access to medications.

(E) Psychiatric and psychological services.

(F) Substance use disorder services.

(G) Vocational rehabilitation.

(H) Veterans’ services.

(I) Family support and consultation services.

(J) A service planning and delivery process that includes all of the following:

(i) Plans for services that contain evaluation strategies, which shall consider cultural, linguistic, gender, sexual orientation, age, and special needs of minorities and those based on any characteristic listed or defined in Section 11135 of the Government Code in the target populations. Provision shall be made for staff with the cultural background and linguistic skills necessary to remove barriers to mental health services as a result of having limited-English-speaking ability or cultural differences.

(ii) Provision for services to meet the needs of persons who are physically disabled.

(iii) Provision for services to meet the special needs of older adults.

(iv) Provision for family support and consultation services, parenting support and consultation services, and peer support or self-help group support, if appropriate.

(v) Provision for services to be client-directed and to employ psychosocial rehabilitation and recovery principles.

(vi) Provision for psychiatric and psychological services that are integrated with other services and for psychiatric and psychological collaboration in overall service planning.

(vii) Provision for services reflecting special needs of women from diverse cultural and socioeconomic backgrounds.

(viii) Provision for housing for clients that is immediate, transitional, permanent, or all of these.

(ix) Provision for services reflecting special needs of lesbian, gay, bisexual, and transgender (LGBT) individuals.

(K) The individual personal services plan ensures that a person subject to conservatorship pursuant to this chapter receives age-appropriate, gender-appropriate, disability-appropriate, and culturally appropriate services, to the extent feasible and when appropriate, that are designed to enable those persons to do all of the following:

(i) Live in the most independent, least restrictive housing feasible in the local community, and, for clients with children, to live in a supportive housing environment that strives for reunification with their children or assists clients in maintaining custody of their children as is appropriate.

(ii) Engage in the highest level of work or productive activity appropriate to their abilities and experience.

(iii) Create and maintain a support system consisting of friends, family, and participation in community activities.

(iv) Access an appropriate level of academic education or vocational training.

(v) Obtain an adequate income.

(vi) Self-manage their illnesses and exert as much control as possible over both the day-to-day and long-term decisions that affect their lives.

(vii) Access necessary physical health benefits and care and maintain the best possible physical health.

(viii) Reduce or eliminate the distress caused by the symptoms of mental illness.

(3) The county or the city and county shall not seek to conserve any individual pursuant to this chapter unless there is funding and available resources to provide all of the services set forth in paragraph (2).

(Added by Stats. 2018, Ch. 845, Sec. 1. (SB 1045) Effective January 1, 2019. Repealed as of January 1, 2024, pursuant to Section 5466.)

5451.
  

In the County of Los Angeles, the County of San Diego, and the City and County of San Francisco, subject to Section 5450, a conservator of the person may be appointed for a person who is incapable of caring for the person’s own health and well-being due to a serious mental illness and substance use disorder. The procedure for establishing, administering, and terminating a conservatorship under this chapter shall be the same as provided for in Division 4 (commencing with Section 1400) of the Probate Code, except as follows:

(a) (1) The court may appoint the public conservator in the county of residence of the person to be conserved if the person requesting the appointment establishes, and the court makes an express finding, that it is necessary for the protection of the proposed conservatee, that the proposed conservatee is 18 years of age or older, and that the granting of the conservatorship is the least restrictive alternative needed for the protection of the conservatee.

(2) (A) A conservator of the person may be appointed pursuant to this chapter only if the person is presently incapable of caring for the person’s own health and well-being due to a serious mental illness and substance use disorder.

(B) For an initial appointment of a conservator, a person meets the standard in subparagraph (A) only if the court determines by clear and convincing evidence based on comprehensive clinical evaluations conducted throughout the period in which the person has been temporarily conserved pursuant to Section 5465.5 that the person is incapable of caring for their own health and well-being due to a serious mental illness and substance use disorder, and that conservatorship is the least restrictive alternative needed for the protection of the person. The court may consider the medical history, including psychiatric history, of the person to support this determination.

(C) To reestablish a conservatorship, the person meets the standard in subparagraph (A) only if the person’s condition at the time of the petition to reestablish the conservatorship shows that the person continues to meet the standard in subparagraph (A) based on the current behavior and condition of the person. The court may consider the medical history, including psychiatric history, of the person to support this determination.

(D) In any challenge to an existing conservatorship, the person meets the standard in subparagraph (A) only if the person’s condition at the time of the challenge to the conservatorship shows that the person continues to meet the standard in subparagraph (A) based on the current behavior and condition of the person. The court may consider the medical history, including psychiatric history, of the person to support this determination.

(E) A proposed conservatee shall meet all of the following criteria:

(i) The person has both a serious mental illness and a substance use disorder, as those terms are defined in Section 5452, other than a developmental disorder or acquired traumatic brain injury, as defined in Section 4354, unless that person also has a serious mental illness and substance use disorder.

(ii) As a result of the serious mental illness and substance use disorder, the person has functional impairments, or a psychiatric history demonstrating that without treatment, it is more likely than not that the person will decompensate to functional impairment in the near future.

(iii) As a result of the functional impairment and circumstance, the person is likely to become so disabled as to require public assistance, services, or entitlements.

(b) (1) The person for whom conservatorship is sought shall have the right to demand a court or jury trial on the issue of whether the person is shown to be, beyond a reasonable doubt, incapable of caring for the person’s own health and well-being due to a serious mental illness and substance use disorder. For an initial conservatorship, demand for a court or jury trial shall be made no later than seven days following the establishment of a temporary conservatorship pursuant to Section 5465.5, provided the proposed conservatee has had the opportunity to confer with the attorney of the proposed conservatee during that time. If the proposed conservatee demands a court or jury trial before the date of the hearing as provided for in Section 5465, the demand shall constitute a waiver of that hearing.

(2) Court or jury trial shall commence within 10 days of the date of the demand, except that the court shall continue the trial date for a period not to exceed 10 days upon the request of the attorney for the proposed conservatee.

(3) This right shall also apply in subsequent proceedings to reestablish a conservatorship, except that the demand for a court or jury trial shall be made within seven days following the hearing on the petition to reestablish the conservatorship.

(c) Conservatorship investigation shall be conducted pursuant to Chapter 3 (commencing with Section 5350) and shall not be subject to Section 1826 of, or Chapter 2 (commencing with Section 1850) of Part 3 of Division 4 of, the Probate Code.

(d) Notice of proceedings under this chapter shall be given to a guardian or conservator of the person or estate of the proposed conservatee appointed under the Probate Code and as otherwise provided in Section 5350.2.

(e) As otherwise provided for in this chapter.

(f) A conservatorship pursuant to this chapter shall not be established if a conservatorship or guardianship exists under Division 4 (commencing with Section 1400) of the Probate Code or under Chapter 3 (commencing with Section 5350).

(g) A petition seeking to establish a conservatorship pursuant to this chapter shall be filed with the court no later than 28 days following the eighth detention for evaluation and treatment pursuant to Section 5150 in a 12-month period.

(h) (1) For the 28 days following the eighth detention, the court may establish a temporary conservatorship pursuant to Section 5465.5 in order to assess the need for a conservatorship pursuant to this chapter. A petition to establish an initial conservatorship pursuant to this chapter may be filed only in conjunction with a petition to establish a temporary conservatorship pursuant to Section 5465.5.

(2) A supplement to the petition for an initial conservatorship shall be filed within 14 days of the initial petition pursuant to paragraph (1). The supplemental petition shall include, at a minimum, all of the following information:

(A) A detailed description of the comprehensive clinical evaluation of the person that has been performed since initiating the temporary conservatorship.

(B) The results and determinations based on the evaluation described in subparagraph (A).

(C) A detailed description of any treatment attempted or provided for the person since initiating the temporary conservatorship.

(D) A description of the person’s response to treatment, if any.

(E) Any additional information pertaining to the person’s condition and behavior during the temporary conservatorship that may aid in determining whether a conservatorship pursuant to this chapter is appropriate.

(F) A determination as to whether, based on the evidence provided in subparagraphs (A) to (E), inclusive, the petition for an initial conservatorship pursuant to this chapter should be heard or withdrawn.

(Amended by Stats. 2019, Ch. 467, Sec. 1. (SB 40) Effective October 2, 2019. Repealed as of January 1, 2024, pursuant to Section 5466.)

5452.
  

For purposes of this chapter, the following definitions apply:

(a) “Evaluation” consists of multidisciplinary professional analyses of an individual’s medical, psychological, educational, social, financial, and legal conditions as they may appear to constitute a problem. Persons providing evaluation services shall be properly qualified professionals and may be full-time employees of an agency providing face-to-face, which includes telehealth, evaluation services or may be part-time employees or may be employed on a contractual basis.

(b) “Frequent detention for evaluation and treatment” means eight or more detentions for evaluation and treatment in a 12-month period.

(c) “Functional impairment” means being substantially impaired as the result of both a serious mental illness and a substance use disorder, being unable to live independently, and suffering an impaired physical condition.

(d) “Intensive treatment” consists of such hospital and other services as may be indicated. Intensive treatment shall be provided by properly qualified professionals and carried out in facilities qualifying for reimbursement under the Medi-Cal program as set forth in Chapter 7 (commencing with Section 14000) of Part 3 of Division 9, or under the federal Medicare Program as set forth in Title XVIII (42 U.S.C. Sec. 1395 et seq.) of the federal Social Security Act and regulations thereunder. Intensive treatment may be provided in hospitals of the United States government by properly qualified professionals. This chapter does not prohibit an intensive treatment facility from also providing 72-hour evaluation and treatment.

(e) “Serious mental illness” means a mental disorder as identified in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders that is severe in degree and persistent in duration, presents a major risk to the person’s health and well-being, and causes behavioral functioning that interferes substantially with the primary activities of daily living and that results in an inability to maintain stable adjustment and independent functioning without treatment, support, and rehabilitation for a long or indefinite period of time. Serious mental illnesses may include, but are not limited to, schizophrenia, bipolar disorder, post-traumatic stress disorder, as well as major affective disorders or other severely disabling mental disorders. This section shall not be construed to exclude persons with a serious mental disorder and a diagnosis of substance abuse, developmental disability, or other physical or mental disorder.

(f) “Substance use disorder” means a disorder, as identified in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders, involving the repeated abuse of alcohol or other drugs in a manner that is severe in degree and persistent in duration, presents a major risk to the person’s health and well-being, and causes behavioral functioning that interferes substantially with the primary activities of daily living.

(Amended by Stats. 2019, Ch. 467, Sec. 2. (SB 40) Effective October 2, 2019. Repealed as of January 1, 2024, pursuant to Section 5466.)

5453.
  

The purpose of conservatorship under this chapter is to provide the least restrictive and most clinically appropriate alternative needed for the protection of a person who is incapable of caring for the person’s own health and well-being due to a serious mental illness and substance use disorder. If the court determines that the person needs to be moved from the person’s current residence, the placement shall be in supportive community housing that provides wraparound services, such as onsite physical and behavioral health services, unless the court, with good cause and by clear and convincing evidence, determines that such a placement is not sufficient for the protection of that person.

(Amended by Stats. 2019, Ch. 467, Sec. 3. (SB 40) Effective October 2, 2019. Repealed as of January 1, 2024, pursuant to Section 5466.)

5454.
  

In the County of Los Angeles, the County of San Diego, and the City and County of San Francisco, subject to Section 5450, the board of supervisors of the respective county or city and county shall designate the agency or agencies to provide conservatorship investigation as set forth in this chapter, and those investigations shall comply with the requirements of Section 5354. The governing board may designate that conservatorship services be provided by the public guardian or agency providing public guardian services.

(Added by Stats. 2018, Ch. 845, Sec. 1. (SB 1045) Effective January 1, 2019. Repealed as of January 1, 2024, pursuant to Section 5466.)

5455.
  

(a) (1) The county sheriff may recommend an evaluation for conservatorship to the officer providing conservatorship investigation in the county of residence of the person if the sheriff determines that a person detained in a jail is incapable of caring for the person’s own health and well-being due to a serious mental illness and substance use disorder, as evidenced by frequent detention for evaluation and treatment pursuant to Section 5150. The county sheriff may delegate this authority to make a determination and recommendation to the health care service providers in the county jail.

(2) The director of a county mental health department or a county department of public social services may recommend an evaluation for conservatorship to the officer providing conservatorship investigation in the county of residence of the person if the director determines that a person is incapable of caring for the person’s own health and well-being due to a serious mental illness and substance use disorder, as evidenced by frequent detention for evaluation and treatment pursuant to Section 5150.

(3) The professional person in charge of an agency providing comprehensive evaluation or a facility providing intensive treatment may recommend an evaluation for conservatorship to the officer providing conservatorship investigation in the county of residence of the person if the professional person in charge of the agency providing comprehensive evaluation or the facility providing intensive treatment determines that a person in the professional’s care is incapable of caring for the person’s own health and well-being due to a serious mental illness and substance use disorder, as evidenced by frequent detention for evaluation and treatment pursuant to Section 5150.

(b) If the officer providing conservatorship investigation, upon conducting an evaluation for conservatorship, finds that the person meets the criteria for conservatorship and the conservatorship is the least restrictive alternative, the officer shall petition the superior court in the county of residence of the person to establish conservatorship.

(Added by Stats. 2018, Ch. 845, Sec. 1. (SB 1045) Effective January 1, 2019. Repealed as of January 1, 2024, pursuant to Section 5466.)

5456.
  

(a) The establishment of a conservatorship pursuant to this chapter is subject to a finding by the court that the health director of the county or the city and county, or the director’s designee, has fulfilled all of the requirements specified in Section 5451 and that either of the following conditions has been met:

(1) The behavioral health director, or the director’s designee, previously attempted by petition to obtain a court order authorizing assisted outpatient treatment pursuant to Article 9 (commencing with Section 5345) of Chapter 2 for the person for whom conservatorship is sought, and that the petition was denied or the court finds by clear and convincing evidence that the assisted outpatient treatment was insufficient to treat the person’s mental illness.

(2) The behavioral health director, or the director’s designee, reasonably recommends, and the court found by clear and convincing evidence, that the person, as a matter of law, does not meet the criteria described for assisted outpatient treatment pursuant to Article 9 (commencing with Section 5345) of Chapter 2, or that assisted outpatient treatment would be insufficient to treat the person in the instant matter in lieu of a conservatorship. The behavioral health director, or the director’s designee, shall state specific facts to support the recommendation. If the behavioral health director, or the director’s designee, fails to demonstrate that assisted outpatient treatment pursuant to Article 9 (commencing with Section 5345) of Chapter 2 would be insufficient to treat the person, and the person meets all criteria to qualify for assisted outpatient treatment, assisted outpatient treatment may be ordered at this hearing.

(b) The basis for the findings described in subdivision (a) shall be documented and included with the petition for a conservatorship.

(Amended by Stats. 2019, Ch. 467, Sec. 4. (SB 40) Effective October 2, 2019. Repealed as of January 1, 2024, pursuant to Section 5466.)

5457.
  

(a) The officer providing conservatorship investigation shall investigate all available alternatives to a conservatorship under this chapter, including a conservatorship under Division 4 (commencing with Section 1400) of the Probate Code or a conservatorship under Chapter 3 (commencing with Section 5350), and shall recommend conservatorship to the court only if no less restrictive alternatives exist and it appears that the person does not qualify for a conservatorship under Division 4 (commencing with Section 1400) of the Probate Code or a conservatorship under Chapter 3 (commencing with Section 5350). This officer shall render to the court a written report of investigation prior to the hearing. The report to the court shall be comprehensive and shall contain, in addition to the elements required under Section 5354, all relevant aspects of the person’s medical, psychological, financial, family, vocational, and social condition, and information obtained from the person’s family members, close friends, social worker, or principal therapist. The report shall also contain all available information concerning the person’s real and personal property. The facilities providing medical treatment, or intensive treatment or comprehensive evaluation, the sheriff, and the director of the county mental health department or the county department of public social services shall disclose any records or information that may facilitate the investigation. If the officer providing conservatorship investigation recommends a conservatorship, the officer shall explain why all less restrictive alternatives are not sufficient, and if the officer recommends against a conservatorship, the officer shall set forth all alternatives available. When confidentiality and client privacy laws permit, a copy of the report shall be transmitted to the individual who originally recommended conservatorship, and the information shared shall be compliant with state and federal laws governing protected health information. The court shall receive the report in evidence and shall read and consider the contents of the report in rendering its judgment.

(b) The report of the officer providing conservatorship investigation shall contain the officer’s recommendations concerning the powers to be granted to, and the duties to be imposed upon, the conservator, the legal disabilities to be imposed upon the conservatee, and the proper placement for the conservatee pursuant to Section 5460, and shall explain why each of these items is the least restrictive alternative. The report to the court shall also contain an agreement signed by the person or agency recommended to serve as conservator certifying that the person or agency is able and willing to serve as conservator.

(Added by Stats. 2018, Ch. 845, Sec. 1. (SB 1045) Effective January 1, 2019. Repealed as of January 1, 2024, pursuant to Section 5466.)

5458.
  

Except as otherwise provided in this chapter, the person recommended to serve as conservator shall promptly notify the officer providing conservatorship investigation whether the person recommended to serve as conservator will accept the position if appointed. If notified that the person or agency recommended will not accept the position if appointed, the officer providing conservatorship investigation shall promptly recommend another person to serve as conservator.

(Added by Stats. 2018, Ch. 845, Sec. 1. (SB 1045) Effective January 1, 2019. Repealed as of January 1, 2024, pursuant to Section 5466.)

5459.
  

(a) A person or agency shall not be designated as conservator whose interests, activities, obligations, or responsibilities are such as to compromise the person’s or agency’s ability to represent and safeguard the interests of the conservatee. The conservator has a fiduciary duty to protect and care for the conservatee.

(b) If a public guardian is appointed conservator, the public guardian’s official bond and oath as public guardian are in lieu of the conservator’s bond and oath on the grant of letters of conservatorship. A bond shall not be required of any other public officer or employee appointed to serve as conservator.

(Added by Stats. 2018, Ch. 845, Sec. 1. (SB 1045) Effective January 1, 2019. Repealed as of January 1, 2024, pursuant to Section 5466.)

5460.
  

When ordered by the court after the hearing required by this chapter, a conservator appointed pursuant to this chapter shall provide the least restrictive and most clinically appropriate placement for the conservatee, which shall be the conservatee’s residence or a community-based residential care setting in supportive community housing that provides wraparound services, such as onsite physical and behavioral health services, unless the court for good cause orders otherwise.

(Added by Stats. 2018, Ch. 845, Sec. 1. (SB 1045) Effective January 1, 2019. Repealed as of January 1, 2024, pursuant to Section 5466.)

5461.
  

(a) At any time, a conservatee or any person on the conservatee’s behalf with the consent of the conservatee or the conservatee’s counsel, may petition the court for a hearing to contest the powers granted to the conservator under Section 5460.

(b) A request for hearing pursuant to this section shall not affect the right of a conservatee to petition the court for a rehearing as to the conservatee’s status as a conservatee pursuant to Section 5464. A hearing pursuant to this section shall not include trial by jury.

(Added by Stats. 2018, Ch. 845, Sec. 1. (SB 1045) Effective January 1, 2019. Repealed as of January 1, 2024, pursuant to Section 5466.)

5462.
  

(a) Except as provided in subdivision (c), a conservatorship initiated pursuant to this chapter shall automatically terminate six months after the appointment of the conservator by the superior court, or after a shorter period if ordered by the court. If upon the termination of an initial or a succeeding period of conservatorship the conservator determines that conservatorship is still required, the conservator may petition the superior court for the conservator’s reappointment as conservator for a succeeding six-month period or any shorter period.

(b) Any program in which a conservatee is placed shall release the conservatee at the conservatee’s request when the conservatorship terminates. A petition for reappointment filed by the conservator or a petition for appointment filed by a public guardian or public conservator shall be transmitted to the program at least 30 days before the automatic termination date.

(c) Every 60 days, a conservator shall file a report with the court regarding the conservatee’s progress and engagement with treatment.

(1) The report shall set forth the reasons demonstrating the following:

(A) Continuing the conservatorship.

(B) The treatment plan for the following 60 days.

(C) That the treatment plan is the least restrictive alternative.

(2) If the court is not satisfied that the conservatorship continues to be justified, the court shall terminate the conservatorship.

(Amended by Stats. 2019, Ch. 467, Sec. 5. (SB 40) Effective October 2, 2019. Repealed as of January 1, 2024, pursuant to Section 5466.)

5463.
  

(a) The clerk of the superior court shall notify each conservator, the conservatee, the person in charge of the program in which the conservatee receives services, and the conservatee’s attorney, at least 60 days before the termination of the six-month or shorter period. Notification shall be given in person or by first-class mail.

(b) If the conservator does not petition to reestablish conservatorship at or before the termination of the six-month or shorter period, the court shall issue a decree terminating conservatorship. The decree shall be sent to the conservator and the conservatee by first-class mail.

(c) The Judicial Council may adopt rules, forms, and standards necessary to implement this chapter.

(Amended by Stats. 2019, Ch. 467, Sec. 6. (SB 40) Effective October 2, 2019. Repealed as of January 1, 2024, pursuant to Section 5466.)

5464.
  

(a) At any time, the conservatee may petition the superior court for a rehearing as to the conservatee’s status as a conservatee.

(b) If a conservatee appeals a court’s decision to establish a conservatorship, the conservatorship shall continue unless execution of judgment is stayed by the superior court or the appellate court.

(Added by Stats. 2018, Ch. 845, Sec. 1. (SB 1045) Effective January 1, 2019. Repealed as of January 1, 2024, pursuant to Section 5466.)

5465.
  

A hearing shall be held on all petitions under this chapter within 30 days of the date of the petition. If the conservatee or proposed conservatee is not represented by counsel, the court shall appoint the public defender for the conservatee or proposed conservatee within five days after the date of the petition at the county’s or city and county’s expense. A hearing or trial shall not occur under this chapter unless the conservatee or proposed conservatee is represented by counsel.

(Added by Stats. 2018, Ch. 845, Sec. 1. (SB 1045) Effective January 1, 2019. Repealed as of January 1, 2024, pursuant to Section 5466.)

5465.5.
  

(a) If a person has been detained eight or more times for evaluation and treatment pursuant to Section 5150 in a 12-month period, the court may establish a temporary conservatorship for a period not to exceed 28 days and appoint a temporary conservator on the basis of the comprehensive report of the officer providing conservatorship investigation filed pursuant to Section 5457, or on the basis of an affidavit of the professional person who recommended conservatorship stating the reasons for that person’s recommendation, if the court is satisfied that the comprehensive report or affidavit shows that the person is presently incapable of caring for the person’s own health and well-being due to a serious mental illness and substance use disorder, that a temporary conservatorship is necessary, and that the county health director, or the county health director’s designee, has done all of the following:

(1) Before the eighth detention of the person in the 12-month period, all of the following:

(A) Made a finding pursuant to Section 5456.

(B) Confirmed that there are adequate resources, including clinically appropriate housing, to appropriately serve the person in the least restrictive manner.

(C) Confirmed that there are age-appropriate substance use disorder treatment resources, including, but not limited to, medication assisted treatment, as appropriate.

(D) Designated the public conservator to serve as the potential conservator, and instructed that person to begin preparing for the investigation required pursuant to this chapter.

(E) Identified an option or options for available and appropriate housing of the person upon discharge from a potential conservatorship established pursuant to Section 5451.

(F) Identified an option or options for available and age-appropriate substance use disorder treatment upon discharge from a potential conservatorship established pursuant to Section 5451.

(2) (A) On each detention of the person after the fifth detention in the 12-month period, provided the person with a written notice containing detailed information regarding the possibility that the person may be conserved pursuant to this chapter if they are detained eight times in the 12-month period, and the number of additional detentions that would qualify the person for conservatorship pursuant to this chapter.

(B) For any person who has been detained pursuant to Section 5150 more than five times in a 12-month period as of the effective date of the act that added this paragraph, the notice requirement described in subparagraph (A) shall apply only to those detentions that occur after the effective date of the act that added this paragraph.

(3) (A) Before each detention after the third detention in the 12-month period, provided the person with the opportunity to engage in voluntary treatment appropriate for their serious mental illness and substance use disorders. This opportunity shall be provided at the earliest time possible to prevent the worsening of the person’s condition, and there shall be documented attempts to elicit the cooperation of the person and that these attempts have not been successful.

(B) An affidavit of the county health director, or the county health director’s designee, attesting that the opportunity to engage in voluntary treatment was provided to the person shall be considered sufficient evidence, in lieu of contemporaneous records, that the requirement described in subparagraph (A) was fulfilled for detentions that occurred prior to the effective date of the act that added this paragraph.

(b) All temporary conservatorships established pursuant to this section shall expire automatically at the conclusion of 28 days, except as provided in subdivision (c).

(c) If the proposed conservatee demands a court or jury trial on the issue of whether the proposed conservatee is incapable of caring for their own health and well-being due to a serious mental illness and substance use disorder, the court may extend the temporary conservatorship until the date of the disposition of the issue by the court or jury trial. However, the extension shall not exceed a period of seven days, unless the court finds that the trial is ongoing when the temporary conservatorship is set to expire pursuant to subdivision (b) and, if the temporary conservatorship is not extended, the proposed conservatee will be released from the temporary conservatorship. Upon such a finding, the further extension may last no more than seven additional days.

(d) Any person detained on a temporary conservatorship under this section shall have the same right to judicial review as set forth in Article 5 (commencing with Section 5275) of Chapter 2. In lieu of the standard described in Section 5276, if the court finds that the person is not presently incapable of caring for the person’s own health and well-being due to a serious mental illness and substance use disorder, that a conservatorship is not necessary, or that the county has not met the requirements of subdivision (a), the person shall be released immediately.

(Added by Stats. 2019, Ch. 467, Sec. 7. (SB 40) Effective October 2, 2019. Repealed as of January 1, 2024, pursuant to Section 5466.)

5466.
  

This chapter shall remain in effect only until January 1, 2024, and as of that date is repealed.

(Added by Stats. 2018, Ch. 845, Sec. 1. (SB 1045) Effective January 1, 2019. Repealed as of January 1, 2024, by its own provisions. Note: Repeal affects Chapter 5, commencing with Section 5450.)

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