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Summary:

The child's counsel is charged with the representation of the child's best interests and is to gather facts and present those facts to the court. The child's counsel shall have the right to access to the child's medical, dental, mental health, and other health care records, and the right to interview, caretakers, health care providers, mental health professionals, and anyone who has assessed the child or provided care to the child. The release of this information to counsel shall not constitute a waiver of the confidentiality of the reports.

Summary:

(a) Whenever a patient is committed to the State Department of State Hospitals, a director of a state hospital or a clinician (defined as a state licensed mental health professional working within the State Department of State Hospitals who has received, and is current in, California Law Enforcement Telecommunications System training) shall obtain the state summary criminal history information for the patient. The information shall be used to assess the violence risk of a patient, to assess the appropriate placement of a patient, for treatment purposes of a patient, for use in preparing periodic reports as required by statute, or to determine the patient's progress or fitness for release. The state summary criminal history information shall be placed in the patient's confidential file for the duration of his or her commitment. … (d) Information obtained pursuant to this section shall not be used for any purposes other than those described in subdivision (a). … (g) State summary criminal history information secured pursuant to this section shall remain confidential and access shall be limited to the director of the state hospital or the clinician. Within 30 days of discharge from the state hospital, the state summary criminal history information shall be removed from the patient's file and destroyed.

Summary:

If a psychiatrist and psychologist have both treated a person admitted for 72 hour treatment and evaluation, the person may only be released early if the two mental health professionals consult with each other. In the event of disagreements, the 72 hour hold shall be maintained unless the director of the medical facility overrules the decision in favor of early release.

Summary:

A licensed mental health professional conducting the evaluation must personally examine the minor and conduct appropriate screenings, testing, and assessments. The evaluator must prepare and submit a report to the court including her findings and recommendations.

Summary:

The mental health treatment or counseling of a minor authorized by this law shall include involvement of the minor's parent or guardian unless, in the opinion of the professional person who is treating or counseling the minor, the involvement would be inappropriate. The professional person shall state in the client record whether and when the person attempted to contact the minor's parent or guardian, and whether the attempt to contact was successful or unsuccessful, or the reason why it would be inappropriate to contact the minor's parent or guardian.

Summary:

A health care provider may decline to permit inspection or provide copies of mental health records to the patient at the patient's request when there is a substantial risk of adverse or detrimental consequences to the patient inspecting her own mental health records, subject to certain conditions, including: (1) The health care provider must make a written record, to be included with the mental health records requested, explaining the health care provider's reason for refusal. (2) The health care provider shall permit inspection by, or provide copies of the mental health records to, a licensed physician and surgeon, licensed psychologist, licensed marriage and family therapist, or licensed clinical social worker, designated by request of the patient. Those who are allowed to inspect the patient’s mental health records shall not permit inspection or copying by the patient.

Summary:

(a) Inmates in a state prison cannot be administered psychiatric medication without prior informed consent. (b) However, inmates can be involuntarily treated on a non-emergency basis or an emergency basis, if certain conditions are met. (c) The Department of Corrections and Rehabilitation can administer involuntary medication on a nonemergency basis if an administrative hearing determines by clear and convincing evidence that the inmate has a mental illness or disorder, that as a result of that illness the inmate lacks the capacity to consent to or refuse treatment with psychiatric medications or is a danger to self or others if not medicated, that there is no less intrusive alternative to involuntary medication, and that the medication is in the inmate's best medical interest. (c)(7)(B) The inmate has the right to be represented by counsel at all stages of the proceedings. Prior to the hearing, counsel for the inmate shall have access to all medical records and files of the inmate, but shall not have access to the confidential section of the inmate's central file which contains materials unrelated to medical treatment. (d) A physician can administer psychiatric medication to an inmate without prior informed consent during an emergency (i.e., a sudden and marked change in an inmate's mental condition so that action is immediately necessary for the preservation of life or the prevention of serious bodily harm to the inmate or others, and it is impractical, due to the seriousness of the emergency, to first obtain informed consent). The medication shall only be that which is required to treat the emergency condition and shall be administered for only so long as the emergency continues to exist. However, if the situation necessitates the continuation of medication beyond the initial 72 hours pending the full mental health hearing, the department shall give notice to the inmate and his or her counsel of the department's intention to seek an ex parte order to allow the continuance of medication pending the full hearing. The order may be issued ex parte upon a showing that in the absence of the medication the emergency conditions are likely to recur. The request for an ex parte order shall be supported by an affidavit from the psychiatrist showing specific facts. ...

Summary:

(a-b) Generally, the administration of psychiatric medication to an inmate in a county jail requires informed consent. However, if a psychiatrist determines that an inmate should be treated with psychiatric medication, then the inmate may be involuntarily treated on a nonemergency or emergency/interim basis. (c) A county department of mental health (or other designated county department) may seek to initiate involuntary psychiatric medication on a nonemergency basis only if certain specified conditions have been met, including a capacity hearing. (7)(B) The inmate's counsel for that hearing shall have access to all medical records and files of the inmate, but shall not have access to the confidential section of the inmate's central file which contains materials unrelated to medical treatment. ... (g) To renew an existing order allowing involuntary medication, the county department of mental health (or other designated county department) must prove to the superior court (4) based on clear and convincing evidence that the inmate has a serious mental disorder that requires treatment with psychiatric medication, and that, but for the medication, the inmate would revert to the behavior that was the basis for the prior order authorizing involuntary medication, coupled with evidence that the inmate lacks insight regarding his or her need for the medication, such that it is unlikely that the inmate would be able to manage his or her own medication and treatment regimen.

Summary:

Mental health treatment required by Penal Code 2962 shall be inpatient unless the Department of Mental Health certifies to the Board of Prison Terms that the patient can be safely and effectively treated on an outpatient basis. Prior to placing a parolee in an outpatient treatment program, the Department of Mental Health shall consult with the local outpatient program as to the appropriate treatment plan. Upon request by a community program director, a peace officer shall take the parolee into custody and transport the parolee to a facility designated by the community program director for confinement as provided under this section. Before deciding to seek revocation of parole of a parolee receiving mental health treatment, the parole officer shall consult with the director of the parolee's outpatient program.

Summary:

In determining whether a person falls under the definition of mental disorder, the court should consider the historical course of the person's disorder including evidence presented by those who have provided mental health services to the patient, the patient's medical records, psychiatric records, or evidence volunteered by family, the patient, or any other person designated by the patient.

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