Article 4. Certification for Intensive Treatment - California Welfare and Institutions Code Section 5250
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California Laws > Welfare and Institutions Code > Article 4. Certification for Intensive Treatment - California Welfare and Institutions Code Section 5250
5250. If a person is detained for 72 hours under the provisions of
Article 1 (commencing with Section 5150), or under court order for
evaluation pursuant to Article 2 (commencing with Section 5200) or
Article 3 (commencing with Section 5225) and has received an
evaluation, he or she may be certified for not more than 14 days of
intensive treatment related to the mental health disorder or
impairment by chronic alcoholism, under the following conditions:
(a) The professional staff of the agency or facility providing
evaluation services has analyzed the person's condition and has found
the person is, as a result of a mental health disorder or impairment
by chronic alcoholism, a danger to others, or to himself or herself,
or gravely disabled.
(b) The facility providing intensive treatment is designated by
the county to provide intensive treatment, and agrees to admit the
person. No facility shall be designated to provide intensive
treatment unless it complies with the certification review hearing
required by this article. The procedures shall be described in the
county Short-Doyle plan as required by Section 5651.3.
(c) The person has been advised of the need for, but has not been
willing or able to accept, treatment on a voluntary basis.
(d) (1) Notwithstanding paragraph (1) of subdivision (h) of
Section 5008, a person is not "gravely disabled" if that person can
survive safely without involuntary detention with the help of
responsible family, friends, or others who are both willing and able
to help provide for the person's basic personal needs for food,
clothing, or shelter.
(2) However, unless they specifically indicate in writing their
willingness and ability to help, family, friends, or others shall not
be considered willing or able to provide this help.
(3) The purpose of this subdivision is to avoid the necessity for,
and the harmful effects of, requiring family, friends, and others to
publicly state, and requiring the certification review officer to
publicly find, that no one is willing or able to assist a person with
a mental health disorder in providing for the person's basic needs
for food, clothing, or shelter.
Last modified: February 16, 2015