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  ( Division 5 repealed and added by Stats. 1967, Ch. 1667.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 4. THE CHILDREN'S MENTAL HEALTH SERVICES ACT [5850 - 5886]

  ( Part 4 repealed and added by Stats. 1992, Ch. 1229, Sec. 2. )

CHAPTER 1. Interagency System of Care [5850 - 5878.3]

  ( Chapter 1 added by Stats. 1992, Ch. 1229, Sec. 2. )

ARTICLE 11. Services for Children with Severe Mental Illness [5878.1 - 5878.3]
  ( Article 11 added November 2, 2004, by initiative Proposition 63, Sec. 5. )

5878.1.
  

(a) It is the intent of this article to establish programs that ensure services will be provided to severely mentally ill children as defined in Section 5878.2 and that they be part of the children’s system of care established pursuant to this part. It is the intent of this act that services provided under this chapter to severely mentally ill children are accountable, developed in partnership with youth and their families, culturally competent, and individualized to the strengths and needs of each child and his or her family.

(b) Nothing in this act shall be construed to authorize any services to be provided to a minor without the consent of the child’s parent or legal guardian beyond those already authorized by existing statute.

(Amended by Stats. 2012, Ch. 23, Sec. 64. (AB 1467) Effective June 27, 2012. Note: This section was added on Nov. 2, 2004, by initiative Prop. 63.)

5878.2.
  

For purposes of this article, severely mentally ill children means minors under the age of 18 who meet the criteria set forth in subdivision (a) of Section 5600.3.

(Added November 2, 2004, by initiative Proposition 63, Sec. 5. Operative January 1, 2005, pursuant to Sec. 16 of Prop. 63.)

5878.3.
  

(a) Subject to the availability of funds as determined pursuant to Part 4.5 (commencing with Section 5890) of this division, county mental health programs shall offer services to severely mentally ill children for whom services under any other public or private insurance or other mental health or entitlement program is inadequate or unavailable. Other entitlement programs include but are not limited to mental health services available pursuant to Medi-Cal, child welfare, and special education programs. The funding shall cover only those portions of care that cannot be paid for with public or private insurance, other mental health funds or other entitlement programs.

(b) Funding shall be at sufficient levels to ensure that counties can provide each child served all of the necessary services set forth in the applicable treatment plan developed in accordance with this part, including services where appropriate and necessary to prevent an out of home placement, such as services pursuant to Chapter 4 (commencing with Section 18250) of Part 6 of Division 9.

(c) The State Department of Health Care Services shall contract with county mental health programs for the provision of services under this article in the manner set forth in Section 5897.

(Amended by Stats. 2012, Ch. 23, Sec. 65. (AB 1467) Effective June 27, 2012. Note: This section was added on Nov. 2, 2004, by initiative Prop. 63.)

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