Bill Text: CA AB2234 | 2009-2010 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Mental health: target populations: older adults.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-05-28 - In committee: Set, second hearing. Held under submission. [AB2234 Detail]

Download: California-2009-AB2234-Introduced.html

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BILL NUMBER: AB 2234	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Bonnie Lowenthal

                        FEBRUARY 18, 2010

   An act to amend Section 5600.3 of the Welfare and Institutions
Code, relating to mental health.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2234, as introduced, Bonnie Lowenthal. Mental health: target
populations: older adults.
   Existing law, the Bronzan-McCorquodale Act, contains provisions
governing the operation and financing of community mental health
services for the mentally disordered in every county through locally
administered and locally controlled community mental health programs.
Existing law, the Mental Health Services Act, an initiative measure
enacted by the voters as Proposition 63 at the November 2, 2004,
statewide general election, establishes the Mental Health Services
Fund to fund various county mental health programs. The act may be
amended by the Legislature only by a 2/3 vote of both houses and only
so long as the amendment is consistent with and furthers the intent
of the act. The Legislature may clarify procedures and terms of the
act by majority vote.
   Existing law, the Adult and Older Adult Mental Health System of
Care Act, sets out a system of mental health care services, provided
by participating counties pursuant to Proposition 63, for adults and
older adults with serious mental disorders. Existing law defines
serious mental disorders and includes a definition of functional
impairment for that purpose.
   This bill would make the current definition of functional
impairment applicable to adults 18 to 59 years of age, inclusive, and
would, in addition, establish a definition of functional impairment
for adults 60 years of age or older. The bill would also make
eligible for services pursuant to this program adults 60 years of age
or older who require brief treatment as a result of a natural
disaster or severe local emergency.
   By expanding eligibility for community mental health services,
this bill would create a state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 5600.3 of the Welfare and Institutions Code is
amended to read:
   5600.3.  To the extent resources are available, the primary goal
of the use of funds deposited in the mental health account of the
local health and welfare trust fund should be to serve the target
populations identified in the following categories, which shall not
be construed as establishing an order of priority:
   (a) (1) Seriously emotionally disturbed children or adolescents.
   (2) For the purposes of this part, "seriously emotionally
disturbed children or adolescents" means minors under the age of 18
years who have a mental disorder as identified in the most recent
edition of the Diagnostic and Statistical Manual of Mental Disorders,
other than a primary substance use disorder or developmental
disorder, which results in behavior inappropriate to the child's age
according to expected developmental norms. Members of this target
population shall meet one or more of the following criteria:
   (A) As a result of the mental disorder, the child has substantial
impairment in at least two of the following areas: self-care, school
functioning, family relationships, or ability to function in the
community; and either of the following occur:
   (i) The child is at risk of removal from home or has already been
removed from the home.
   (ii) The mental disorder and impairments have been present for
more than six months or are likely to continue for more than one year
without treatment.
   (B) The child displays one of the following: psychotic features,
risk of suicide or risk of violence due to a mental disorder.
   (C) The child meets special education eligibility requirements
under Chapter 26.5 (commencing with Section 7570) of Division 7 of
Title 1 of the Government Code.
   (b) (1) Adults and older adults who have a serious mental
disorder.
   (2) For the purposes of this part, "serious mental disorder" means
a mental disorder that is severe in degree and persistent in
duration,  which   that  may cause
behavioral functioning which interferes substantially with the
primary activities of daily living, and  which  
that  may result 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 disorders 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.
   (3) Members of this target population shall meet all of the
following criteria:
   (A) The person has a mental disorder as identified in the most
recent edition of the Diagnostic and Statistical Manual of Mental
Disorders, other than a substance use disorder or developmental
disorder or acquired traumatic brain injury pursuant to subdivision
(a) of Section 4354 unless that person also has a serious mental
disorder as defined in paragraph (2).
   (B) (i) As a result of the mental disorder, the person has
substantial functional impairments or symptoms, or a psychiatric
history demonstrating that without treatment there is an imminent
risk of decompensation to having substantial impairments or symptoms.

   (ii) For the purposes of this part, "functional impairment" means
 either of the following:  
    being 
    (I)     For an adult who is 18 to 59 years
of age, inclusive, being  substantially impaired as the result
of a mental disorder in independent living, social relationships,
vocational skills, or physical condition. 
   (II) For an adult who is 60 years of age or older, being
substantially impaired in major life activities because of a mental
disorder in at least two of the following areas on a continuing or
intermittent basis: (ia) independent living, (ib) social and family
relationships, (ic) vocational skills, employment, or leisure
activities, (id) basic living skills, including instrumental
activities of daily living, (ie) money management, (if) self-care,
including activities of daily living, or (ig) physical condition.

   (C) As a result of a mental functional impairment and
circumstances, the person is likely to become so disabled as to
require public assistance, services, or entitlements.
   (4) For the purpose of organizing outreach and treatment options,
to the extent resources are available, this target population
includes, but is not limited to, persons who are any of the
following:
   (A) Homeless persons who are mentally ill.
   (B) Persons evaluated by appropriately licensed persons as
requiring care in acute treatment facilities including state
hospitals, acute inpatient facilities, institutes for mental disease,
and crisis residential programs.
   (C) Persons arrested or convicted of crimes.
   (D) Persons who require acute treatment as a result of a first
episode of mental illness with psychotic features.
   (5) California veterans in need of mental health services and who
meet the existing eligibility requirements of this section, shall be
provided services to the extent services are available to other
adults pursuant to this section. Veterans who may be eligible for
mental health services through the United States Department of
Veterans Affairs should be advised of these services by the county
and assisted in linking to those services.
   (A) No eligible veteran shall be denied county mental health
services based solely on his or her status as a veteran.
   (B) Counties shall refer a veteran to the county veterans service
officer, if any, to determine the veteran's eligibility for, and the
availability of, mental health services provided by the United States
Department of Veterans Affairs or other federal health care
provider.
   (C) Counties should consider contracting with community-based
veterans' services agencies, where possible, to provide high-quality,
veteran specific mental health services. 
   (6) Adults 60 years of age or older shall be eligible if they
require brief treatment as a result of a natural disaster or severe
local emergency. 
   (c) Adults or older adults who require or are at risk of requiring
acute psychiatric inpatient care, residential treatment, or
outpatient crisis intervention because of a mental disorder with
symptoms of psychosis, suicidality, or violence.
   (d) Persons who need brief treatment as a result of a natural
disaster or severe local emergency.
  SEC. 2.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.