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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.
(a) The Referred Individual shall have the following rights:
(1) To receive personal service of all notices of hearings, as well as notice to parties designated by the Referred Individual;
(2) To receive a copy of the court ordered evaluation;
(3) To be represented by counsel, and if the Referred Individual cannot afford counsel, to be represented by the Public Defender;
(4) To be present at all hearings, unless the Referred Individual knowingly waives such right;
(5) To be informed of the right to judicial review by habeas corpus;
(6) To present evidence, call and examine witnesses, and cross-examine witnesses, at the AOT hearing; and
(7) To be informed of the right to appeal the court's decisions.
(b) If Referred Individual is not present at the AOT hearing, and the court orders AOT for the Referred Individual, the Referred Individual may file a habeas corpus petition challenging the court's imposition of AOT on the Referred Individual, and AOT may not commence until that petition is resolved.
(c) During each 60-day period of AOT, the Referred Individual may file a habeas corpus petition to require the Director, or the Director’s designee, to prove that the Referred Individual still meets all the criteria for AOT, as set forth in Section 4115(b).
(d) If the Referred Individual refuses to participate in AOT, the court may order the Referred Individual to meet with the AOT Team designated by the Director. The AOT Team shall attempt to gain the Referred Individual cooperation with the treatment plan ordered by the court. If the Referred Individual is still not cooperative, he or she may be subject to a 72-hour hold pursuant to the requirements of California Welfare and Institutions Code § 5346(f).
(e) Except as stated in subsection (d), failure by the Referred Individual to comply with AOT is not a basis for involuntary civil commitment, or contempt of court.
(f) Involuntary medication is not authorized under AOT without a separate and specific court order.
(g) The court may order no more than six months of AOT. If the Director, or Director's designee, determines that further AOT for the Referred Individual is appropriate, the Director must, prior to the expiration of the initial period, apply to the court for authorization to extend the time for a period not to exceed an additional 180 days.
(h) Every 60 days, the Director, or Director’s designee must file an affidavit with the court affirming that the Referred Individual continues to meet the criteria for AOT, as set forth in Section 4115(b). If the Referred Individual disagrees with this affidavit, he or she shall have the right to a hearing, at which the Director shall have the burden of proving that the Referred Individual continues to meet the criteria for AOT.
(a) The Director of Public Health shall, in consultation with the State Department of Health Care Services, client and family advocacy organizations, and other stakeholders, develop a training and education program for purposes of improving the delivery of services to individuals with mental illness who are, or who are at risk of being, involuntarily committed to AOT. This training shall be provided to mental health treatment providers and to other individuals, including, but not limited to, mental health professionals, law enforcement officials, and certification hearing officers involved in making treatment and involuntary commitment decisions.
(b) The training shall include both of the following:
(1) Information relative to legal requirements for detaining a person for involuntary inpatient and outpatient treatment, including criteria to be considered with respect to determining if a person is considered to be gravely disabled.
(2) Methods for ensuring that decisions regarding involuntary treatment as provided for in this part direct patients toward the most effective treatment. Training shall include an emphasis on each patient's right to provide informed consent to assistance.
(c) The Director of Public Health is authorized to promulgate regulations to implement this Division II.
(a) The Department of Public Health shall comply with the reporting requirements as set forth in California Welfare and Institutions Code § 5348(d).
(b) The Department of Public Health shall provide an annual report to the Board of Supervisors on the number of participants in AOT, the length of their treatment, the outcome of their treatment, and other matters the Department deems relevant.
(c) The Department of Public Health shall retain an external consultant to evaluate the efficacy of the AOT program, including but not limited to collecting and analyzing information regarding the demographics of Referred Individuals and the cost of the program. By no later than three years after the effective date of this Section 4118, the Department of Public Health shall provide a copy of this external evaluation to the Board of Supervisors.
In enacting and implementing this Division II, the City is assuming an undertaking only to promote the general welfare. It is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury.
DIVISION III: JUDICIAL PROCEEDINGS
The City Attorney is designated to represent the county in the following proceedings:
(a) Judicial proceedings authorized by Article 9 of Chapter 2 of Division 5 of the California Welfare and Institutions Code (“The Assisted Outpatient Treatment Demonstration Project Act of 2002”);
(b) Judicial proceedings authorized by Chapter 3 of Division 5 of the California Welfare and Institutions Code (“Conservatorship for Gravely Disabled Persons”); and
(c) Judicial proceedings authorized by Chapter 5 of Part 1 of Division 5 of the California Welfare and Institutions Code (“Housing Conservatorship for Persons with Serious Mental Illness and Substance Use Disorders”).
DIVISION IV: [EXPIRED]
Editor’s Note:
Former Art. 41, Div. IV, “Housing Conservatorships,” comprised of Secs. 4131 through 4136, expired on 12/31/2023 per the terms of its sunset clause (former Sec. 4136) and was removed from the Code at the direction of the Office of the City Attorney.
(Added by Ord. 108-19, File No. 181042, App. 6/21/2019, Eff. 7/22/2019; expired 12/31/2023)
(Added by Ord. 108-19, File No. 181042, App. 6/21/2019, Eff. 7/22/2019; expired 12/31/2023)
(Added by Ord. 108-19, File No. 181042, App. 6/21/2019, Eff. 7/22/2019; expired 12/31/2023)
(Added by Ord. 108-19, File No. 181042, App. 6/21/2019, Eff. 7/22/2019; expired 12/31/2023)
(Added by Ord. 108-19, File No. 181042, App. 6/21/2019, Eff. 7/22/2019; expired 12/31/2023)
(Added by Ord. 108-19, File No. 181042, App. 6/21/2019, Eff. 7/22/2019; expired 12/31/2023)