County Psychiatric Hospitals - - CA Welfare And Institutions

Section § 7100

This law allows county boards in California to provide facilities and services for people with mental health disorders or developmental disabilities. This can include using county hospitals, other hospitals, or psychiatric health facilities inside or outside the county. Counties can also partner with public or private hospitals if necessary. However, the services must be approved by the State Department of Health Care Services or the State Department of Developmental Services, depending on the person’s needs. These services can even be provided at home or in a licensed place of care, which can also be investigated by the relevant department.

(a) The board of supervisors of each county may maintain in the county hospital or in any other hospital situated within or without the county or in any other psychiatric health facility situated within or without the county, suitable facilities and nonhospital or hospital service for the detention, supervision, care, and treatment of persons who have a mental health disorder or a developmental disability, or who are alleged to be such.

(b) The county may contract with public or private hospitals for those facilities and hospital service when they are not suitably available in an institution, psychiatric facility, or establishment maintained or operated by the county.

(c) The facilities and services for persons who have, or are alleged to have, a mental health disorder shall be subject to the approval of the State Department of Health Care Services, and the facilities and services for persons who have, or are alleged to have, a developmental disability shall be subject to the approval of the State Department of Developmental Services. The professional person having charge and control of the hospital or psychiatric health facility shall allow the department whose approval is required to make investigations thereof as it deems necessary at any time.

(d) Nothing in this chapter means that persons who have a mental health disorder or a developmental disability may not be detained, supervised, cared for, or treated, subject to the right of inquiry or investigation by the department, in their own homes, or the homes of their relatives or friends, or in a licensed establishment.

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(Amended by Stats. 2014, Ch. 144, Sec. 113. (AB 1847) Effective January 1, 2015.)

Section § 7101

This law clarifies that the term "county psychiatric hospital" refers to any hospital, ward, or facility that the county provides based on the guidelines outlined in Section 7100.

As used in this chapter “county psychiatric hospital” means the hospital, ward, or facility provided by the county pursuant to the provisions of Section 7100.

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(Added by Stats. 1967, Ch. 1667.)

Section § 7102

This law authorizes the superintendent or person in charge of a county psychiatric hospital to admit and care for people who meet specific criteria. It includes those who have been ordered by a court or committed under relevant legal provisions, either from this code or the Penal Code, as well as those admitted under Part 1 of Division 5 of this code.

The superintendent or person in charge of the county psychiatric hospital, may receive, detain, supervise, care for or treat in the hospital any person who comes within any of the following descriptions:

(a) Who has been placed therein pursuant to a court order or court commitment under the provisions of this code or the Penal Code.

(b) Who has been placed therein pursuant to the provisions of Part 1 of Division 5 of this code.

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(Added by Stats. 1967, Ch. 1667.)

Section § 7103

The person in charge of a county psychiatric hospital in California can admit and treat individuals who fit one of two categories. First, anyone who voluntarily applies in writing for treatment can be admitted. Second, individuals who have a conservator can also be admitted if the conservator applies in writing on their behalf.

The superintendent or person in charge of the county psychiatric hospital may admit and provide care and treatment in the hospital for any person who comes within the following descriptions:

(a) Who voluntarily makes a written application as provided in Chapter 1 (commencing with Section 6000) of Part 1 of Division 6 of this code.

(b) Who is a conservatee and has written application made in his behalf by his conservator.

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(Added by Stats. 1967, Ch. 1667.)

Section § 7104

If an adult is in a hospital and can decide for themselves, they can refuse medical or psychiatric treatment if they prefer healing through prayer or spirituality as part of a recognized religion. They need to submit a statement to the hospital's superintendent to make this exemption official.

If the adult can't make decisions due to their mental state, another person can file this statement on their behalf to obtain the exemption. For minors in the hospital, their parents or guardians can file an affidavit to the same effect, stating their reliance on prayer or spiritual healing.

Any adult person detained in such hospital, who is in such condition of mind as to render him competent to make such application shall at his request be exempt from medical or psychiatric treatment, upon filing with the superintendent a statement that he depends upon prayer or spiritual means for healing in the practice of the religion of a well-recognized religious church, sect, denomination, or organization. In case of an adult not found to be in such condition of mind, a similar statement may be filed on his behalf by another and thereupon similar exemption shall be granted. Any minor detained in such hospital shall be exempt from medical or psychiatric treatment if his parent or guardian or conservator shall file with said superintendent an affidavit stating that he relies upon prayer or spiritual means for healing in the practice of the religion of a well-recognized religious church, sect, denomination or organization.

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(Amended by Stats. 1979, Ch. 730.)

Section § 7105

The person in charge of a county psychiatric hospital in California can discharge a patient if they determine that the patient is not suitable for treatment at that facility.

A superintendent or person in charge of the county psychiatric hospital may discharge any patient who is not a proper case for treatment therein.

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(Added by Stats. 1967, Ch. 1667.)

Section § 7106

If someone receiving care at a county psychiatric hospital, or the person responsible for their expenses, owns any property, they must repay the county for the cost of care. The county's board of supervisors sets the rates for this care, and the reimbursement is based on these rates.

In case a county psychiatric hospital patient or the person legally liable for his maintenance is or becomes the owner of property, real, personal, or mixed, the county furnishing such care, treatment, or observation, shall be reimbursed therefrom for its charges. The board of supervisors of the county shall fix and determine a schedule of charges for the care, treatment, or observation of such patients, and reimbursement to the county shall be made upon the basis of the charges so fixed.

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(Added by Stats. 1967, Ch. 1667.)

Section § 7107

This law states that people working in or with a county psychiatric hospital, like superintendents, public officers, employees, or doctors, can't be charged with a crime for admitting, delivering, detaining, or treating someone as part of their duties under this chapter. Basically, they're protected from criminal liability when they perform these tasks related to patient care.

Any superintendent or person in charge of the county psychiatric hospital, and any public officer, public employee, or public physician who either admits, causes to be admitted, delivers, or assists in delivering, detains, cares for, or treats, or assists in detaining, caring for or treating, any person pursuant to this chapter shall not be rendered criminally liable thereby.

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(Added by Stats. 1967, Ch. 1667.)