§ 5370.2. — 5370.2. (Amended by Stats. 2018, Ch. 237, Sec. 2.)

California § 5370.2.

• 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. 3.: CHAPTER 3. Conservatorship for Persons with a Grave Disability

Text

(a)
The State Department of State Hospitals and the State Department of Health Care Services shall contract with a single nonprofit agency that meets the criteria specified in subdivision (b) of Section 5510 to conduct the activities specified in paragraphs (1) to (5), inclusive. These two state departments shall enter into a memorandum of understanding to ensure the effective management of the contract and the required activities affecting county patients’ rights programs:
(1)
Provide patients’ rights advocacy services for, and conduct investigations of alleged or suspected abuse and neglect of, including deaths of, persons with mental disabilities residing in state
hospitals.
(2)
Investigate and take action as appropriate and necessary to resolve complaints from or concerning recipients of mental health services residing in licensed health or community care facilities regarding abuse, and unreasonable denial, or punitive withholding of rights guaranteed under this division that cannot be resolved by county patients’ rights advocates.
(3)
Provide consultation, technical assistance, and support to county patients’ rights advocates in accordance with their duties under Section 5520.
(4)
Conduct program review of patients’ rights programs.
(5)
Make patients’ rights advocacy training materials readily accessible to all
county patients’ rights advocates online. The training materials shall include, but are not limited to, the topics described in Section 5512.
(b)
The services shall be provided in coordination with the appropriate mental health patients’ rights advocates.
(c)
(1)
The contractor shall develop a plan to provide patients’ rights advocacy services for, and conduct investigations of alleged or suspected abuse and neglect of, including the deaths of, persons with mental disabilities residing in state hospitals.
(2)
The contractor shall develop the plan in consultation with the statewide organization of mental health patients’ rights advocates, the statewide organization of mental health clients, and the
statewide organization of family members of persons with mental disabilities, and the statewide organization of county mental health directors.
(3)
In order to ensure that persons with mental disabilities have access to high quality advocacy services, the contractor shall establish a grievance procedure and shall advise persons receiving services under the contract of the availability of other advocacy services, including services provided by the protection and advocacy agency specified in Section 4901 and the county patients’ rights advocates specified in Section 5520.
(d)
This section does not restrict or limit the authority of the department to conduct the reviews and investigations it deems necessary for personnel, criminal, and litigation purposes.
(e)
The State Department of State Hospitals and the State Department of Health Care Services shall jointly contract on a multiyear basis for a contract term of up to five years.

Legislative History

Amended by Stats. 2018, Ch. 237, Sec. 2. (AB 2316) Effective January 1, 2019.