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Summary:

The regional center shall provide the court with a complete evaluation of the developmentally disabled person for whose protection the appointment is sought. The report shall include person's physical and mental condition. The evaluation report shall not be made part of the public record of the guardianship or conservatorship proceedings and shall be open to inspection only by court personnel, the person who is the subject of the proceeding, his parents, guardian or conservator, the attorneys, others designated by court. The director of Health Services must provide an annual written review of the physical, mental, and social condition of each developmentally disabled person that he has been appointed conservator or guardian of. The records are confidential, but may be available if authorized by the director or the court.

Summary:

(b) The medical director of the facility to which the defendant is confined shall submit a written report of the defendant's progress toward recovery of mental competence to the court and the community program director. For defendants placed on outpatient status, the outpatient staff shall submit a report to the community program director who shall report to the court. (c)(1) If the defendant has not recovered mental competence after 3 years, the defendant must return to court. (2) If the defendant appears to be gravely disabled the court shall order conservatorship proceedings to be initiated. A copy of such order and the outcome of the proceedings shall be sent to the community program director, the sheriff, the district attorney, and the defendant's counsel. (3) If change in placement is proposed, the sheriff and district attorney should be notified of the proposal and given an opportunity to be heard. (4) If the defendant is confined to a facility, the court shall provide a copy of any report of the

Summary:

(b) The medical director of the facility to which the defendant is confined shall submit a written report of the defendant's progress toward recovery of mental competence to the court and the county mental health director. For defendants placed on outpatient status, the outpatient staff shall submit a report to the county mental health director who shall report to the court. (c)(1) If the defendant has not recovered mental competence after 1 year, the defendant must return to court. (2) If the defendant appears to be gravely disabled the court shall order conservatorship proceedings to be initiated. A copy of such order and the outcome of the proceedings shall be sent to the county mental health director.

Summary:

If it has been determined that the defendant has regained mental competence, the director of the facility where the defendant is committed or the community program director, county mental health director, or regional center director providing outpatient services shall file certificate of restoration with the court certifying the fact. If a defendant becomes mentally competent after a conservatorship has been established, the conservator must certify the fact to the sheriff, district attorney, the defendant's attorney, and the court. The court shall notify the appropriate director as to whether or not the defendant was found to have recovered competence.

Summary:

Petitioners for conservatorship appointment must provide supplemental information regarding: the proposed conservatee's inability to provide for his physical health, food, clothing and shelter needs; the location for proposed conservatee residency; alternatives to conservatorship and why they are unavailable; health and social services provided to the proposed conservatee for the previous year; and the proposed conservatee's inability to handle his finances. Supplemental information shall be confidential and provided on a form separate from the actual petition. Supplemental information shall only be available to those who have appeared in the proceedings, their attorneys and the court. The court has the discretion to release supplemental information if it serves the interests of the proposed conservatee.

Summary:

In any proceeding to establish a limited or general conservatorship for a person with developmental disabilities, a proposed limited conservatee with his or her consent shall be assessed at a regional center pursuant to Welf. & Inst. Code 4620, who will submit a written report of findings and recommendations to the court. A copy of the report shall be mailed to the proposed limited conservatee and his or her attorney, other persons as the court orders. The report is confidential and shall not be made available to other parties, unless with the court's discretion.

Summary:

In the case of a conservatorship, a court investigator shall visit the conservatee, conduct an investigation, and report to the court regarding the appropriateness of the conservatorship and whether the conservator is acting in the best interests of the conservatee regarding the conservatee's placement, quality of care (including physical and mental treatment), and finances. Conservatorship review shall occur six months after the initial appointment of the conservator, and then one year after the conservator’s appointment and annually or biennially thereafter.

Summary:

With regards to a court investigator’s report evaluating a conservatorship, confidential medical information about the conservatee will be sent as a separate attachment to the report to the conservator, attorneys of record for the conservator, conservatee, and the court. The confidential medical information will not be included in the copies of the report sent to the conservatee's spouse or registered domestic partner, and the conservatee's relatives.

Summary:

All personal information (including medical data, diagnoses, past history of disease or disability) made or maintained by any public officer or agency in the administration of basic health care, prepaid health plans, and adult day health care programs and for which grant-in-aid is received from the United States government shall be confidential and shall only be open to examination for purposes directly connected with the administration of the Medi-Cal program. Courts may compel agency personnel to testify regarding the legal mental capacity of a recipient or the recipient's need for a conservatorship in the context of a petition for conservatorship or a criminal prosecution.

Summary:

Notwithstanding the general confidentiality protections of Welf. & Inst. Code 5328, personal health information shall be disclosed in communications between qualified professional persons in the provision of services or appropriate referrals, or in the course of conservatorship proceedings. The consent of the patient or his or her guardian or conservator shall be obtained before information or records may be disclosed from a facility providing treatment to a facility which does not have the medical or psychological responsibility for the patient's care.

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