ConservatorshipSterilization
Section § 1950
This law emphasizes that individuals with disabilities should not be denied their fundamental right to make choices about procreation, including decisions about sterilization. People with disabilities capable of sexual activity but unable to give informed consent have special protections under this law.
The law acknowledges the historical abuse of sterilization, stressing that it should not be performed on someone just because of their disability or against their will. The law aims to ensure individuals with developmental disabilities receive necessary support and training to lead independent and productive lives, potentially eliminating the need for sterilization.
Section § 1951
This law ensures that individuals who can understand and consent to sterilization cannot be sterilized against their will. Consent means willingly agreeing to the procedure with a full understanding of what it involves. This understanding includes knowing that consent can be withdrawn at any time and that sterilization is usually permanent. It also involves being informed about alternative birth control methods, the nature of the specific procedure, potential risks, recovery details, and possible benefits. If someone needs help understanding these aspects, the court will provide a facilitator or interpreter.
Section § 1952
If someone is responsible for another adult with a developmental disability, such as a conservator, they can file a request with the court to allow for the sterilization of that adult. This request must outline why the sterilization is necessary and prove that the adult has a developmental disability. It's important to note that this filing is separate from any other actions to become a conservator at the same time.
Section § 1953
This law requires that anyone involved in a petition under this chapter must be notified about the hearing at least 90 days in advance. The notice should include the time and place of the hearing, as well as a copy of the petition itself. If the person filing the petition isn't the conservator, the conservator must also be notified. The notice should be delivered using specified legal methods or any other way the court approves.
Section § 1954
If someone wants court permission to consent to sterilization for another person who doesn't have or plan to get a lawyer, the court must quickly assign a public defender or private attorney to represent that person. The lawyer should start with the assumption that the person doesn't agree with the sterilization request.
Section § 1954.5
This law states that the court must appoint a facilitator to assist the person involved in a legal petition. The facilitator helps the person understand the legal process, communicate their views, and participate fully in the proceedings.
When choosing a facilitator, the court must consider the person’s preferences, the facilitator's personal knowledge of the person, and the facilitator's ability to communicate effectively, especially if the individual has communication challenges. The facilitator should also be familiar with the developmental disabilities service system. Importantly, the person who filed the petition cannot be the facilitator.
Section § 1955
This law outlines the process and requirements for investigating and reporting on whether a person with developmental disabilities should be sterilized. The court must coordinate an investigation led by a regional center, involving comprehensive evaluations by medical and psychological experts. These experts assess all alternatives to sterilization and recommend it only if no suitable options exist. Their reports are confidential and must be sealed after the case concludes. The law ensures that qualified professionals conduct examinations at the county's expense and provides the person being considered for sterilization the right to have additional expert opinions submitted. It also prohibits certain parties, like regional center employees, from filing sterilization petitions.
Section § 1956
The person who is the subject of a petition, like for conservatorship, has to attend the hearing unless they can't for medical reasons. Feeling emotionally or mentally unstable isn't enough of a reason to skip it unless attending would cause serious physical harm to them.
Section § 1957
This law requires that before a court can authorize sterilization, it must listen to and consider the opinions and wishes of the person who would undergo the procedure as much as possible.
Section § 1958
This law allows a court to approve a conservator's request to consent to the sterilization of an individual only if several strict conditions are met. The court must be convinced beyond a reasonable doubt that the person cannot consent due to a permanent incapacity, and that the person is able to procreate and likely to engage in sexual activity leading to pregnancy.
It also requires evidence that the person's disability or medical condition makes them permanently unable to care for a child or that pregnancy poses a severe risk to their health. All other contraception methods must be impractical or unsafe, and the sterilization must be the least invasive option. Finally, the court must ensure the person hasn't knowingly objected to sterilization, even if they can't consent, with special measures taken for those with communication difficulties.
Section § 1959
This law states that when deciding if a person with a disability can be sterilized, the court should not take into account their vulnerability to unlawful sexual conduct because of their disability. The decision should focus solely on other relevant factors.
Section § 1960
This law states that if someone already has a conservator and a decision about sterilization needs to be made, the court can allow the conservator to give consent for it. Alternatively, the court may appoint a new, limited conservator specifically for this purpose. The court is responsible for making sure that whoever is appointed as the conservator is capable of properly looking out for the interests of the person under their care.
Section § 1961
This law says that sterilization procedures approved under this chapter can't include removing reproductive organs (like a hysterectomy or castration). But if a medical report states that these procedures are necessary for health reasons, then the court must follow further legal steps outlined in another law (Section 2357).
Section § 1962
This law section outlines two main points regarding legal orders related to sterilization in California. First, any court order that grants a petition for sterilization must include a detailed written statement explaining the factual and legal reasons for the decision. This is done according to a specific procedure for documenting decisions in civil cases.
Second, if a judgment allows a conservator to consent to a person's sterilization, there is an automatic appeal process for the person being sterilized. This means they don't need to request an appeal themselves. The Judicial Council is responsible for setting up the rules and procedures for this automatic appeal, which is treated as a priority case in the court system.
Section § 1963
This law section explains that after a court hearing related to probate matters, the court might order certain individuals to pay court costs and fees. This determination depends on their financial ability. Those who might be required to pay include the individual the petition concerns, the person who filed the petition, and anyone responsible for the support of the individual involved. The costs might include expenses like investigations or court-appointed lawyer fees. If the court does not have these individuals pay, then the county treasury covers the costs upon the court's order.
Such orders can be enforced in the same way as a money judgment.
Section § 1964
If a court order allows a conservator to consent to someone's sterilization, the order expires one year after an appeal is finalized unless the court ends it sooner. If a conservatorship exists solely for this purpose, it ends once the sterilization is done or when the court's permission expires, whichever comes first.
If more time is needed, the conservator can ask the court to extend their role for six more months, but they must explain why the procedure hasn't been completed yet.
Section § 1965
If a court in California gives an order allowing someone to consent to sterilization, that order will be put on hold until any appeals are fully resolved.
Section § 1966
This law says that if a court denies the first request for sterilization because it wasn't proven with certainty, you can only file another request if you show there's been a significant change in the situation.
Section § 1967
This law states that if someone is involved in the sterilization of a person through legal proceedings and follows the rules properly, they won't face civil or criminal charges. However, if someone petitions for a sterilization knowing the person can give consent but bypasses their ability to do so, they could face a misdemeanor charge and civil liability.
Section § 1968
This law says that if a medical treatment or surgery is needed for reasons other than sterilization, and sterilization happens as an unavoidable or likely side effect, it's allowed. The key is that sterilization can't be the main goal of the procedure.
Section § 1969
This law ensures that individuals with developmental disabilities in California, who have the ability to consent to sterilization, can do so without needing a court order or a substitute decision-maker. This protects their autonomy and right to make personal decisions about their own bodies.