P.R.A.T. Patients’ Rights Advocacy Training Building Advocacy Skills Basic Training- Lanterman-Petris-Short Act.

Lanterman-Petris-Short Act. Legislative Intent To end the inappropriate, indefinite, and involuntary commitment of: Mentally disordered persons, Mentally disordered persons, Developmentally disabled persons, Developmentally disabled persons, Persons impaired by chronic alcoholism. Persons impaired by chronic alcoholism.

To provide evaluation and treatment of persons with serious mental disorders or impaired by chronic alcoholism; To provide evaluation and treatment of persons with serious mental disorders or impaired by chronic alcoholism; To guarantee and protect public safety; To guarantee and protect public safety; To safeguard individual rights through judicial review; To safeguard individual rights through judicial review; To provide individualized treatment, supervision, and placement services by a conservatorship program for gravely disabled persons; To provide individualized treatment, supervision, and placement services by a conservatorship program for gravely disabled persons;

To encourage the full use of all existing agencies, professional personnel and public funds to accomplish these objectives and to prevent duplication of services and unnecessary expenditures; To encourage the full use of all existing agencies, professional personnel and public funds to accomplish these objectives and to prevent duplication of services and unnecessary expenditures; To protect mentally disordered persons and developmentally disable persons from criminal acts. To protect mentally disordered persons and developmentally disable persons from criminal acts.

Voluntary Treatment All involuntary committed people must be advised of their ability to receive Mental Health treatment on a voluntary basis (WIC § 5250[c]) All involuntary committed people must be advised of their ability to receive Mental Health treatment on a voluntary basis (WIC § 5250[c]) Therefore, it is necessary for the facility to determine if the person is willing or able to accept treatment on a voluntary basis. Therefore, it is necessary for the facility to determine if the person is willing or able to accept treatment on a voluntary basis.

They are dangerous to themselves, dangerous to others, or gravely disabled and they request treatment, or They are dangerous to themselves, dangerous to others, or gravely disabled and they request treatment, or They are dangerous to themselves, dangerous to others, or gravely disabled but they are willing and able to accept treatment. They are dangerous to themselves, dangerous to others, or gravely disabled but they are willing and able to accept treatment. The legal standard for voluntary treatment is: “Willing or able to accept treatment on a voluntary basis.”

Involuntary Treatment WIC 5150 = 72 hour hold WIC 5150 = 72 hour hold WIC 5250 = 14 day hold WIC 5250 = 14 day hold WIC 5260 = 2 nd 14 day hold WIC 5260 = 2 nd 14 day hold WIC 5270 = 30 day certification WIC 5270 = 30 day certification WIC 5300 = 180 day hold WIC 5300 = 180 day hold WIC 5352 = Temporary Conservatorship WIC 5352 = Temporary Conservatorship WIC 5358 = Conservatorship WIC 5358 = Conservatorship

72 Hour Hold-WIC 5150 When any person, as a result of mental disorder, is; A Danger to Others, (DTO) A Danger to Others, (DTO)or A Danger to Self, (DTS) A Danger to Self, (DTS)or Gravely Disabled, (GD), Gravely Disabled, (GD),

a peace officer, member of the attending staff, as defined by regulation, of an evaluation facility designated by the county, designated members of a mobile crisis team provided by Section , or other professional person designated by the county may, upon probable cause, take, or cause to be taken, the person into custody and place him or her in a facility designated by the county and approved by the State Department of Mental Health as a facility for 72-hour treatment and evaluation. or other professional person designated by the county may, upon probable cause, take, or cause to be taken, the person into custody and place him or her in a facility designated by the county and approved by the State Department of Mental Health as a facility for 72-hour treatment and evaluation.

If the facility for 72-hour treatment and evaluation admits the person, it may detain him or her for evaluation and treatment for a period not to exceed 72 hours. If the facility for 72-hour treatment and evaluation admits the person, it may detain him or her for evaluation and treatment for a period not to exceed 72 hours. Saturdays, Sundays, and holidays may be excluded from the 72-hour period if the Department of Mental Health certifies for each facility that evaluation and treatment services cannot reasonably be made available on those days. Saturdays, Sundays, and holidays may be excluded from the 72-hour period if the Department of Mental Health certifies for each facility that evaluation and treatment services cannot reasonably be made available on those days. The certification by the department is subject to renewal every two years. The department shall adopt regulations defining criteria for determining whether a facility can reasonably be expected to make evaluation and treatment services available on Saturdays, Sundays, and holidays. The certification by the department is subject to renewal every two years. The department shall adopt regulations defining criteria for determining whether a facility can reasonably be expected to make evaluation and treatment services available on Saturdays, Sundays, and holidays.

Prior to admitting a person to the facility for 72-hour treatment and evaluation pursuant to Section 5150, the professional person in charge of the facility or his or her designee shall assess the individual in person to determine the appropriateness of the involuntary detention. Prior to admitting a person to the facility for 72-hour treatment and evaluation pursuant to Section 5150, the professional person in charge of the facility or his or her designee shall assess the individual in person to determine the appropriateness of the involuntary detention. If in the judgment of the professional person in charge of the facility providing evaluation and treatment, or his or her designee, the person can be properly served without being detained, he or she shall be provided evaluation, crisis intervention, or other inpatient or outpatient services on a voluntary basis. If in the judgment of the professional person in charge of the facility providing evaluation and treatment, or his or her designee, the person can be properly served without being detained, he or she shall be provided evaluation, crisis intervention, or other inpatient or outpatient services on a voluntary basis.