Chapter 3State Hospitals for the Developmentally Disabled
Section § 7500
California has a state hospital called Porterville Developmental Center located in Tulare County. This facility is specifically for the care and treatment of people with developmental disabilities.
Section § 7501
This law allows for the sale or lease of land that is part of the Camarillo State Hospital property to Ventura County. The county can then rent this property to a nonprofit organization that will build and run a children's crisis care center. The center will serve as an alternative to emergency shelters for kids in need, offering medical, educational, and mental health services.
Children eligible to stay at the center include those removed from their homes due to abuse, neglect, or other crises. It also includes children in acute mental health crisis, young ones born with health issues due to parental substance abuse, and those in temporary need due to disrupted family situations. The facility can house any eligible child from across California, depending on available space.
If the property is sold or leased, the proceeds will be divided between the State Department of State Hospitals and the Department of Developmental Services. The law also allows the state to lease the land for a period between 40 and 99 years, possibly below market value.
Section § 7501.5
This law allows the Department of General Services to lease a section of Camarillo State Hospital property to Ventura County. Ventura County can sublease it to organizations to build housing or provide residential care for people with mental health disorders from the county. If building permits are not issued by January 1, 1995, the lease and sublease will be terminated, returning the property to state control.
Ventura County must choose organizations for subleasing that follow certain regulations. The property is specifically identified as part of a previously declared surplus area. Leases can be at less than market value for 40 to 99 years.
Individuals with mental health disorders from Los Angeles, San Luis Obispo, and Santa Barbara Counties may use the facility if an agreement is made, with those counties responsible for oversight and costs related to their residents.
Section § 7502
Porterville State Hospital is a facility specifically designated to care for individuals who are developmentally disabled, including those with epilepsy. The location for this hospital was secured through a legislative appropriation.
Section § 7502.5
This law outlines the criteria and procedures for admitting individuals to the secure and transitional treatment programs at the Porterville Developmental Center. To be admitted to the secure unit, conditions such as unit approval, maintaining population limits, and the individual being over 18 years old must be met. Notifications and assessments by regional centers are required for potential admissions.
In the transitional program, individuals already admitted must have their needs assessed to help transition to community living. This includes creating a transition plan with necessary services and support, working within a person-centered planning process, and ensuring the least restrictive environment.
The transitional program aims to prepare individuals for community placement efficiently. Annual assessments are required for individuals staying over a year, and they must state the reasons for their extended stay. Efforts to solve issues preventing community placement need to be documented and reported to the Legislature.
Prior to contracting for transitional services, there must be professional consultations to ensure these services are non-punitive, rights-protective, and suitably designed for individuals' needs. Individuals can request a hearing if they disagree with these services, supporting their rights to a fair process.
Section § 7502.6
This law allows, from September 28, 2018, to June 30, 2024 (or until a certain type of home opens), courts to commit individuals to a specific unit at Canyon Springs Community Facility. Only 10 beds can be used for this purpose.
Before someone is admitted, certain procedures like notifications and assessments must happen, as outlined in another section. After they're admitted, additional procedures and timelines must be followed.
Section § 7503
This law states that hospitals must focus on providing care, treatment, and training to help committed individuals become happier and more self-sufficient.
Section § 7504
This law states that, unless specified differently within the chapter, the rules and regulations that apply to state institutions also apply to California's state hospitals for individuals with developmental disabilities.
Section § 7505
This law restricts the admission of individuals to California developmental centers unless they meet specific criteria. These criteria include being a court-committed adult to secure treatment at Porterville or Canyon Springs due to an acute crisis or legal issues, where community-based options are deemed inadequate. The law ensures that any person admitted under these criteria receives comprehensive assessments and plans for transitioning back into the community. Additionally, there's a cap on the number of people admitted under certain criteria and emphasizes the development of community resources to reduce reliance on these facilities. Enhanced monitoring is required for certain admissions, with a focus on transition planning. The law also limits post-2012 admissions due to criminal convictions unless certain conditions are met and mandates regular updates to legislative staff about facility usage and alternative options.
Section § 7506
This law states that hospitals designed for individuals with developmental disabilities should primarily focus on caring for, treating, and helping patients improve their abilities. These patients must be deemed appropriate for admission and officially accepted into the hospital.
Section § 7507
This section states that each developmental center must admit individuals who are legally committed or transferred to them according to the law. However, this is subject to certain conditions specified in other sections.
Section § 7509
This law requires the State Department of State Hospitals and the State Department of Developmental Services to create and publish instructions and forms for the commitment and admission of patients. These departments can include any questions they think are needed. The instructions and forms must be provided to anyone who asks for them and also sent in large quantities to county clerks throughout the state.
Section § 7513
This law requires developmentally disabled individuals and their estates to pay for the costs of their care and treatment while in state hospitals and during state-funded leave, after subtracting what the county pays. Special rules are in place to manage these payments. Importantly, this law does not make the parents financially responsible for these costs.
Section § 7513.1
This law states that the cost for the care of developmentally disabled individuals at state hospitals is determined by Section 4431. If someone responsible for paying this care cannot afford it, the Director of Developmental Services can lower or cancel the bill. If a payment is made and later needs to be refunded due to a patient's death, leave, or discharge, the hospital or state department must repay whoever made the payment. If a person dies and their estate owes money for care, this debt can be claimed as a top-priority expense against the estate.
Section § 7513.2
This law allows the State Department of Developmental Services to collect the costs for services provided to developmentally disabled persons. They have authority to pursue collection inside or outside of California. However, the Director can choose not to accept payments for the care of those eligible for deportation by federal immigration authorities.
Section § 7514
This law allows the State Department of Developmental Services to move a patient from one state hospital for the developmentally disabled to another upon the request of a parent, guardian, or conservator. The person making the request must pay for the transfer costs. Once transferred, the financial responsibilities for the patient's care remain the same as if they had always been in the new institution.
Section § 7515
A medical director can discharge a patient without notice if that patient has been in care for at least one month, but this decision needs to be approved by the relevant department in charge.
Section § 7516
This law section ensures that the current status of patients at the Sonoma State Hospital, who are there on a life tenure basis, remains unchanged.