§ 5328.05. — 5328.05. (Added by Stats. 1990, Ch. 654, Sec. 1.)

California § 5328.05.

• Jurisdiction: California
• Code WIC: Welfare and Institutions Code - WIC
• Div. 5.: DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES
• Part 1.: PART 1. THE LANTERMAN-PETRIS-SHORT ACT
• Ch. 2.: CHAPTER 2. Involuntary Treatment
• Art. 7.: ARTICLE 7. Legal and Civil Rights of Persons Involuntarily Detained

Text

(a)
Notwithstanding Section 5328, information and records may be disclosed when an older adult client, in the opinion of a designee of a human service agency serving older adults through an established multidisciplinary team, presents signs or symptoms of elder abuse or neglect, whether inflicted by another or self-inflicted, the agency designee to the multidisciplinary team may, with the older adult’s consent, obtain information from other county agencies regarding, and limited to, whether or not a client is receiving services from any other county agency.
(b)
The
information obtained pursuant to subdivision (a) shall not include information regarding the nature of the treatment or services provided, and shall be shared among multidisciplinary team members for multidisciplinary team activities pursuant to this section.
(c)
The county agencies which may cooperate and share information under this section shall have staff designated as members of an established multidisciplinary team, and include, but not be limited to, the county departments of public social services, health, mental health, and alcohol and drug abuse, the public guardian, and the area agencies on aging.
(d)
The county patient’s rights advocate shall report any negative consequences of the implementation of this exception to confidentiality requirements to the local mental health director.

Legislative History

Added by Stats. 1990, Ch. 654, Sec. 1.