Bill Text: CA AB861 | 2015-2016 | Regular Session | Introduced

California Assembly Bill 861 (Prior Session Legislation)

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

Bill Title: Mental health: community-based services.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2016-01-15 - Consideration of Governor's veto stricken from file. [AB861 Detail]

Download: California-2015-AB861-Introduced.html

BILL NUMBER: AB 861	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Maienschein

                        FEBRUARY 26, 2015

   An act to amend Section 5512 of the Welfare and Institutions Code,
relating to mental health services.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 861, as introduced, Maienschein. Mental health services:
patients' rights.
   Existing law directs the State Department of State Hospitals and
the State Department of Health Care Services to ensure that mental
health laws, regulations, and policies on the rights of recipients of
mental health services are observed and protected in state hospitals
and in licensed health and community care facilities. Existing law
requires departments to contract with a single nonprofit entity for
protection and advocacy services for persons with mental disabilities
and requires the prescribed training of county patients' rights
advocates to be provided by that contractor.
   This bill would make a technical, nonsubstantive change to these
provisions.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 5512 of the Welfare and Institutions Code is
amended to read:
   5512.  Training of county patients' rights advocates shall be
provided by the contractor specified in Section 5510 responsible for
the provision of protection and advocacy services to persons with
mental disabilities. Training shall be directed at ensuring that all
county patients' rights advocates possess  all of the following
 :
   (a) Knowledge of the service system, financial entitlements, and
service rights of persons receiving mental health services. This
knowledge shall include, but need not be limited to, knowledge of
available treatment and service resources in order to ensure timely
access to treatment and services.
   (b) Knowledge of patients' rights in institutional and community
facilities.
   (c) Knowledge of civil commitment statutes and procedures.
   (d) Knowledge of state and federal laws and regulations affecting
recipients of mental health services.
   (e) Ability to work effectively and respectfully with service
recipients and providers, public administrators, community groups,
and the judicial system.
   (f) Skill in interviewing and counseling service recipients,
including giving information and appropriate referrals.
   (g) Ability to investigate and assess complaints and screen for
legal problems.
   (h) Knowledge of administrative and judicial due process
proceedings in order to provide representation at administrative
hearings and to assist in judicial hearings when necessary to carry
out the intent of Section 5522 regarding cooperation between
advocates and legal representatives.
   (i) Knowledge of, and commitment to, advocacy ethics and
principles.
   (j) This section shall become operative on January 1, 1996.