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(a) The following persons may request the Director, or the Director's designee, to file a petition with the Superior Court for AOT:
(1) Any person 18 years or older with whom the Referred Individual resides;
(2) Any person who is the parent, spouse, adult sibling, or adult child of the Referred Individual;
(3) The director of a facility providing mental health services where the Referred Individual resides, the director of a hospital where the Referred Individual is hospitalized or a licensed mental health treatment provider who treats the Referred Individual or supervises the treatment of the Referred Individual; or
(4) A peace, probation or parole officer assigned to supervise the Referred Individual.
(b) If the Director or designee finds that good cause supports the request, he or she may file a verified petition with the Superior Court that sets forth all of the following elements:
(1) That the Referred Individual is at least 18 years old and is present in the City;
(2) That the Referred Individual is suffering from a mental illness as defined in California Welfare and Institutions Code §§ 5600.3(b)(2) and (3), or any successor provisions;
(3) That there has been a clinical determination that the Referred Individual is unlikely to survive safely in the community without supervision;
(4) That there is a history of the Referred Individual's lack of compliance with treatment, based on at least one of the following:
(A) twice within the last 36 months, mental illness was a substantial factor in the Referred Individual's hospitalization or receipt of mental health services in jail, not including any period during which the Referred Individual was hospitalized or incarcerated immediately preceding the filing of the petition, or
(B) within the last 48 months, the Referred Individual's mental illness resulted in one or more acts of serious violent behavior toward himself or herself or others, or the Referred Individual threatened or attempted to cause serious physical harm to himself or herself or others, not including any period in which the Referred Individual was hospitalized or incarcerated immediately preceding the filing of the petition;
(5) That the Referred Individual has been offered the opportunity to participate in a treatment plan that includes all of the services set forth in Section 4112, but continues to fail to engage in treatment;
(6) That the Referred Individual's condition is substantially deteriorating;
(7) That participation in AOT would be the least restrictive placement necessary to ensure the Referred Individual's recovery and stability;
(8) That the Referred Individual's treatment history and current behavior indicate that the Referred Individual needs AOT to prevent relapse or deterioration that would likely result in grave disability or serious harm to himself or herself or in a civil commitment under California Welfare and Institutions Code §§ 5150, et seq.; and,
(9) That it is likely that the Referred Individual would benefit from AOT.
(c) The Director or designee shall submit with the petition the supporting affidavit of a licensed mental health treatment provider, or providers, testifying as to all of the elements identified in subsection (b). The provider must be willing and able to testify at the hearing and must base the affidavit on his or her personal examination of the Referred Individual occurring no more than 10 days prior to the filing of the petition, unless the provider attempted to examine the Referred Individual during that time, but the Referred Individual refused to be examined, in which case the affidavit shall so state.
(d) After the Director or designee files the petition, but before the conclusion of the court hearing on the petition, the Referred Individual or with the Referred Individual's consent, the Referred Individual's legal counsel, may waive the Referred Individual's right to the hearing, and agree to obtain treatment under a written settlement agreement, provided an examining licensed mental health treatment provider states that the Referred Individual could survive safely in the community. The term of the settlement agreement may not exceed 180 days, and the agreement shall be subject to the provisions of California Welfare and Institutions Code § 5347.
(e) The Superior Court may order AOT for the Referred Individual if the court finds that all of the elements of the petition, as required in subsection (b), have been established by clear and convincing evidence.
(Added by Ord. 154-14 , File No. 140557, App. 7/22/2014, Eff. 8/21/2014)