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<ns0:Id>20250SB__033195AMD</ns0:Id>
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<ns0:ActionText>INTRODUCED</ns0:ActionText>
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<ns0:SessionYear>2025</ns0:SessionYear>
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<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Senator Menjivar</ns0:AuthorText>
<ns0:Authors>
<ns0:Legislator>
<ns0:Contribution>LEAD_AUTHOR</ns0:Contribution>
<ns0:House>SENATE</ns0:House>
<ns0:Name>Menjivar</ns0:Name>
</ns0:Legislator>
</ns0:Authors>
<ns0:Title>An act to amend Sections 5008, 5977, 5977.1, 5977.2, 5977.3, and 5977.4 of the Welfare and Institutions Code, relating to substance abuse.</ns0:Title>
<ns0:RelatingClause>substance abuse</ns0:RelatingClause>
<ns0:GeneralSubject>
<ns0:Subject>Substance abuse.</ns0:Subject>
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<html:p>
(1)
<html:span class="EnSpace"/>
Existing law, the Lanterman-Petris-Short (LPS) Act, authorizes the involuntary commitment and treatment of persons with specified mental disorders. Under the act, when a person, as a result of a mental health disorder, is a danger to themselves or others, or is gravely disabled, the person may, upon probable cause, be taken into custody by specified individuals, including, among others, a peace officer and a designated member of a mobile crisis team, and placed in a facility designated by the county and approved by the State Department of Health Care Services for up to 72 hours for evaluation and treatment. For the purposes of these provisions, existing law defines “gravely disabled” as a condition in which a person, as a result of a mental health disorder, a severe substance use disorder, or a co-occurring mental health disorder and a severe substance use
disorder, is unable to provide for their basic personal needs for food, clothing, shelter, personal safety, or necessary medical care.
</html:p>
<html:p>This bill would include in the definition of “gravely disabled” for purposes of the above provisions an individual who is unable to provide for their basic personal needs due to chronic alcoholism, as defined. The bill would further define a “mental health disorder” as a condition outlined in the current edition of the Diagnostic and Statistical Manual of Mental Disorders.</html:p>
<html:p>
(2)
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Existing law requires the Director of Health Care Services to oversee the Community Assistance, Recovery, and Empowerment (CARE) Act. Existing law authorizes specified adult persons to petition a civil court to create a voluntary CARE agreement or a court-ordered CARE plan and implement services, to be provided by county behavioral health agencies, to provide behavioral health care, including stabilization medication, housing, and other enumerated services, to adults who are currently experiencing a qualifying severe mental illness and who meet other specified criteria, including that the person is
not clinically stabilized in ongoing voluntary treatment and is either unlikely to survive safely in the community without ongoing supervision and the person’s condition is substantially deteriorating or the person is in need of services and supports to prevent a relapse or deterioration that would likely result in grave disability, or serious harm to the person or others.
</html:p>
<html:p>Existing law authorizes specified individuals to file a petition to commence the CARE process, including, but not limited to, a person with whom the respondent resides or a spouse, parent, sibling, child, grandparent, or an individual who stands in loco parentis to the respondent. Existing law requires the court to issue an order relieving the original petitioner if the petitioner is someone other than the director of a county behavioral health agency or their designee and appoint the director or their designee as the successor petitioner. Existing law requires the original petitioner to have
specified rights if they are a parent or family member or the person with which the respondent resides. Existing law also requires certain notice and service requirements to the respondent, respondent’s counsel, and the supporter, as well as requires the court to order county behavioral health agencies to work with the respondent, among other specified entities, to enter into CARE agreements, among other things.</html:p>
<html:p>The bill would also include the original petitioner, and in specified circumstances, the original petitioner if the respondent consents, in the specified entities that would receive notice of proceedings and service of documents and reports. The bill would also include the original petitioner in those required to work with county behavioral health agencies to enter into CARE agreements, among other things.</html:p>
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<ns0:Preamble>The people of the State of California do enact as follows:</ns0:Preamble>
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<ns0:Num>SECTION 1.</ns0:Num>
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Section 5008 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:Num>5008.</ns0:Num>
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<html:p>Unless the context otherwise requires, the following definitions shall govern the construction of this part:</html:p>
<html:p>
(a)
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“Evaluation” consists of multidisciplinary professional analyses of a person’s medical, psychological, educational, social, financial, and legal conditions as may appear to constitute a problem. Persons providing evaluation services shall be properly qualified professionals and may be full-time employees of an agency providing face-to-face, which includes telehealth, evaluation services or may be part-time employees or may be employed on a contractual basis.
</html:p>
<html:p>
(b)
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“Court-ordered evaluation” means an evaluation ordered by a superior
court pursuant to Article 2 (commencing with Section 5200) of Chapter 2 or by a superior court pursuant to Article 3 (commencing with Section 5225) of Chapter 2.
</html:p>
<html:p>
(c)
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“Intensive treatment” consists of such hospital and other services as may be indicated. Intensive treatment shall be provided by properly qualified professionals and carried out in facilities qualifying for reimbursement under the California Medical Assistance Program (Medi-Cal) set forth in Chapter 7 (commencing with Section 14000) of Part 3 of Division 9, or under Title XVIII of the federal Social Security Act and regulations thereunder. Intensive treatment may be provided in hospitals of the United States government by properly qualified professionals. This part does not prohibit an intensive treatment facility from also providing 72-hour evaluation and treatment.
</html:p>
<html:p>
(d)
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“Referral” is referral of persons by each agency or facility providing assessment, evaluation, crisis intervention, or treatment services to other agencies or individuals. The purpose of referral shall be to provide for continuity of care, and may include, but need not be limited to, informing the person of available services, making appointments on the person’s behalf, discussing the person’s problem with the agency or individual to which the person has been referred, appraising the outcome of referrals, and arranging for personal escort and transportation when necessary. Referral shall be considered complete when the agency or individual to whom the person has been referred accepts responsibility for providing the necessary services. All persons shall be advised of available precare services that prevent initial recourse to
hospital treatment or aftercare services that support adjustment to community living following hospital treatment. These services may be provided through county or city mental health departments, state hospitals under the jurisdiction of the State Department of State Hospitals, regional centers under contract with the State Department of Developmental Services, or other public or private entities.
</html:p>
<html:p>Each agency or facility providing evaluation services shall maintain a current and comprehensive file of all community services, both public and private. These files shall contain current agreements with agencies or individuals accepting referrals, as well as appraisals of the results of past referrals.</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
“Crisis intervention” consists of an interview or series of interviews within a brief period of
time, conducted by qualified professionals, and designed to alleviate personal or family situations that present a serious and imminent threat to the health or stability of the person or the family. The interview or interviews may be conducted in the home of the person or family, or on an inpatient or outpatient basis with such therapy, or other services, as may be appropriate. The interview or interviews may include family members, significant support persons, providers, or other entities or individuals, as appropriate and as authorized by law. Crisis intervention may, as appropriate, include suicide prevention, psychiatric, welfare, psychological, legal, or other social services.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
“Prepetition screening” is a screening of all petitions for court-ordered evaluation as provided in Article 2 (commencing with Section 5200) of Chapter 2,
consisting of a professional review of all petitions; an interview with the petitioner and, whenever possible, the person alleged, as a result of a mental health disorder, to be a danger to others, or to themselves, or to be gravely disabled, to assess the problem and explain the petition; when indicated, efforts to persuade the person to receive, on a voluntary basis, comprehensive evaluation, crisis intervention, referral, and other services specified in this part.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
“Conservatorship investigation” means investigation by an agency appointed or designated by the governing body of cases in which conservatorship is recommended pursuant to Chapter 3 (commencing with Section 5350).
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
(1)
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For purposes of Article 1 (commencing with Section 5150), Article 2
(commencing with Section 5200), Article 3 (commencing with Section 5225), and Article 4 (commencing with Section 5250) of Chapter 2, and for purposes of Chapter 3 (commencing with Section 5350), “gravely disabled” means any of the following, as applicable:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
A condition in which a person, as a result of a mental health disorder, a severe substance use disorder, chronic alcoholism, or a co-occurring mental health disorder and a severe substance use disorder, is unable to provide for their basic personal needs for food, clothing, shelter, personal safety, or necessary medical care.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Chronic alcoholism shall be interpreted to mean “alcohol use disorder” and shall be a qualifying diagnosis for grave disability if the alcohol use disorder meets the
diagnostic criteria of “severe” as defined in the most current edition of the Diagnostic and Statistical Manual of Mental Disorders.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A condition in which a person has been found mentally incompetent under Section 1370 of the Penal Code and all of the following facts exist:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The complaint, indictment, or information pending against the person at the time of commitment charges a felony involving death, great bodily harm, or a serious threat to the physical well-being of another person.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
There has been a finding of probable cause on a complaint pursuant to paragraph (2) of subdivision (a) of Section 1368.1 of the Penal Code, a preliminary examination pursuant to Section 859b of the Penal Code, or a grand jury
indictment, and the complaint, indictment, or information has not been dismissed.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
As a result of a mental health disorder, the person is unable to understand the nature and purpose of the proceedings taken against them and to assist counsel in the conduct of their defense in a rational manner.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
The person represents a substantial danger of physical harm to others by reason of a mental disease, defect, or disorder.
</html:p>
<html:p>
(2)
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The term “gravely disabled” does not include persons with intellectual disabilities by reason of that disability alone.
</html:p>
<html:p>
(3)
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A county, by adoption of a resolution of its governing body, may elect to defer implementation of the changes made to
this section by Senate Bill 43 of the 2023–24 Regular Session of the Legislature until January 1, 2026.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
“Peace officer” means a duly sworn peace officer as that term is defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code who has completed the basic training course established by the Commission on Peace Officer Standards and Training, or any parole officer or probation officer specified in Section 830.5 of the Penal Code when acting in relation to cases for which the officer has a legally mandated responsibility.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
“Postcertification treatment” means an additional period of treatment pursuant to Article 6 (commencing with Section 5300) of Chapter 2.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
“Court,” unless
otherwise specified, means a court of record.
</html:p>
<html:p>
(
<html:i>l</html:i>
)
<html:span class="EnSpace"/>
“Antipsychotic medication” means any medication customarily prescribed for the treatment of symptoms of psychoses and other severe mental and emotional disorders.
</html:p>
<html:p>
(m)
<html:span class="EnSpace"/>
“Emergency” means a situation in which action to impose treatment over the person’s objection is immediately necessary for the preservation of life or the prevention of serious bodily harm to the patient or others, and it is impracticable to first gain consent. It is not necessary for harm to take place or become unavoidable prior to treatment.
</html:p>
<html:p>
(n)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
“Designated facility,” “facility designated by the county for evaluation and treatment,” or “facility designated by the county to
provide intensive treatment” means a facility that meets designation requirements duly established by the State Department of Health Care Services in accordance with Section 5404, including, but not limited to, the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Psychiatric health facilities licensed by the State Department of Health Care Services.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Psychiatric residential treatment facilities licensed by the State Department of Health Care Services.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Mental health rehabilitation centers licensed by the State Department of Health Care Services.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Provider sites certified by the State Department of Health Care Services or a mental health plan to provide crisis stabilization.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
General acute care hospitals licensed by the State Department of Public Health.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
Acute psychiatric hospitals licensed by the State Department of Public Health.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
Chemical dependency recovery hospitals licensed by the State Department of Public Health.
</html:p>
<html:p>
(H)
<html:span class="EnSpace"/>
Hospitals operated by the United States Department of Veterans Affairs.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
A county may designate a facility for the purpose of providing one or more of the following services:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Providing evaluation and treatment pursuant to Article 1 (commencing
with Section 5150) of Chapter 2.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Providing intensive treatment pursuant to Article 4 (commencing with Section 5250) of Chapter 2.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Providing additional intensive treatment pursuant to Article 4.5 (commencing with Section 5260) of Chapter 2.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
Providing additional intensive treatment pursuant to Article 4.7 (commencing with Section 5270.10) of Chapter 2.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
Providing postcertification treatment pursuant to Article 6 (commencing with Section 5300) of Chapter 2.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A county may designate a facility, as is appropriate and based on capability, for the purpose of providing one or more types of
treatment listed in subparagraph (A) of paragraph (3) of subdivision (n) without designating the facility to provide all treatments.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the State Department of Health Care Services may implement, interpret, or make specific this subdivision, in whole or in part, by means of plan or county letters, information notices, plan or provider bulletins, or other similar instructions, until the time regulations are adopted no later than December 31, 2027.
</html:p>
<html:p>
(o)
<html:span class="EnSpace"/>
“Severe substance use disorder” means a diagnosed substance-related disorder that meets the diagnostic criteria of “severe” as defined in the most current version of the Diagnostic and Statistical Manual of Mental
Disorders.
</html:p>
<html:p>
(p)
<html:span class="EnSpace"/>
“Personal safety” means the ability of one to survive safely in the community without involuntary detention or treatment pursuant to this part.
</html:p>
<html:p>
(q)
<html:span class="EnSpace"/>
“Necessary medical care” means care that a licensed health care practitioner, while operating within the scope of their practice, determines to be necessary to prevent serious deterioration of an existing physical medical condition that, if left untreated, is likely to result in serious bodily injury as defined in Section 15610.67.
</html:p>
<html:p>
(r)
<html:span class="EnSpace"/>
“Mental health disorder” means a condition outlined in the current edition of the Diagnostic and Statistical Manual of Mental Disorders.
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<ns0:Num>SEC. 2.</ns0:Num>
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Section 5977 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:Num>5977.</ns0:Num>
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<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The court shall promptly review the petition to determine if the petitioner has made a prima facie showing that the respondent is, or may be, a person described in Section 5972.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
If the court finds that the petitioner has not made a prima facie showing that the respondent is, or may be, a person described in Section 5972, the court may dismiss the case and, if the court does so, it shall order that the dismissal is without prejudice, unless Section 5975.1 applies. Nothing other than Section 5975.1 prevents a petitioner whose petition was dismissed without prejudice from refiling the petition with amended information.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
If the court finds that the petitioner has made a prima facie showing that the respondent is, or may be, a person described in Section 5972, the court shall do one of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
If the petitioner is the director of a county behavioral health agency, or their designee, the court shall do the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Set the matter for an initial appearance on the petition within 14 court days.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Appoint a qualified legal services project, as defined in Sections 6213 to 6214.5, inclusive, of the Business and Professions Code, to represent the respondent. If no legal services project has agreed to accept these appointments, a public defender or other counsel working in that capacity shall be appointed to represent the
respondent.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Determine whether the petition includes all of the following
information and, if it does not, order the county behavioral health agency to submit a written report with the court within 14 court days that includes all of the following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
A determination as to whether the respondent meets, or is likely to meet, the criteria for the CARE process.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
The outcome of efforts made to voluntarily engage the respondent prior to the filing of the petition.
</html:p>
<html:p>
(III)
<html:span class="EnSpace"/>
Conclusions and recommendations about the respondent’s ability to voluntarily engage in services.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
Order the county behavioral health agency to provide notice to the respondent, the appointed counsel,
and the county behavioral health agency in the county where the respondent resides, if different from the county where the CARE process has commenced.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
If the petitioner is a person other than the director of a county behavioral health agency, or their designee, the court shall order a county agency, or their designee, as determined by the court, to investigate, as necessary, file a written report with the court as soon as practicable, but within 30 court days, and provide notice to the respondent and petitioner that a report has been ordered. Parties shall complete the investigation with appropriate urgency. The written report shall include all of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
A determination as to whether the respondent meets, or is likely to meet, the criteria for the CARE
process.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The outcome of efforts made to voluntarily engage the respondent during the report period.
</html:p>
<html:p>
(iii)
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Conclusions and recommendations about the respondent’s ability to voluntarily engage in services.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
The information, including protected health information, necessary to support the determinations, conclusions, and recommendations in the report.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
If, upon a request by the county agency ordered to investigate and file a report under subparagraph (B) of paragraph (3), the court finds that the county agency is making progress to engage the respondent, the court may, in its discretion, grant the county agency no more than 30 additional days to
continue to work with, engage, and enroll the individual in voluntary treatment and services. The county agency shall provide notice to the respondent and petitioner that an extension for filing a report has been granted.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Upon receipt of the report described in subparagraph (B) of paragraph (3), the court shall, within five days, take one of the following actions:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
If the court determines that voluntary engagement with the respondent is effective, and that the individual has enrolled or is likely to enroll in voluntary behavioral health treatment, the court shall dismiss the matter.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
If the court determines, based on the county agency’s report, that the evidence does not support a prima facie showing that the
respondent is, or may be, a person described in Section 5972, the court shall dismiss the matter. This section shall not prevent a county behavioral health agency from continuing to voluntarily engage with a person not described in Section 5972 but who is in need of services and supports.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
If the court determines, based on the county agency’s report, that the evidence does support a prima facie showing that the respondent is, or may be, a person described in Section 5972, and engagement with the county agency was not effective, the court shall do all of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Set an initial appearance on the petition within 14 court days.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Appoint a qualified legal services project, as defined in Sections
6213 to 6214.5, inclusive, of the Business and Professions Code or, if no legal services project has agreed to accept these appointments, a public defender or other counsel working in that capacity to represent the respondent.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Order the county agency to provide notice of the initial appearance to the petitioner, the respondent, the appointed counsel, the county behavioral health agency in the county where the respondent resides, and, if different, the county where the CARE court proceedings have commenced.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
At the initial appearance on the petition, all of the following shall apply:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The court shall permit the respondent to substitute their own counsel.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Petitioner shall be present. If the petitioner is not present, the matter may be dismissed.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Respondent may waive personal appearance and appear through counsel. If the respondent does not waive personal appearance and does not appear at the hearing, and the court makes a finding in open court that reasonable attempts to elicit the attendance of the respondent have failed, the court may conduct the hearing in the respondent’s absence if the court makes a finding in open court that conducting the hearing without the participation or presence of the respondent would be in the respondent’s best interest.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
A representative from the county behavioral health agency shall be present.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
If the
respondent asserts that they are enrolled in a federally recognized Indian tribe or are receiving services from an Indian health care provider, a tribal court, or a tribal organization, a representative from the program, the tribe, or the tribal court shall be allowed to be present, subject to the consent of the respondent. The tribal representative shall be entitled to notice by the county of the initial appearance.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
If the petitioner is a person other than the director of a county behavioral health agency, or their designee, the court shall issue an order relieving the original petitioner and appointing the director of the county behavioral health agency or their designee as the successor petitioner.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
If the original petitioner is described
in subdivision (a) or (b) of Section 5974, all of the following apply:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The original petitioner shall have the right to be present and make a statement at the initial hearing on the merits of the petition held pursuant to paragraph (7).
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
(I)
<html:span class="EnSpace"/>
Until July 1, 2025, the court may, in its discretion, assign ongoing rights of notice to the original petitioner.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
Commencing July 1, 2025, unless the court determines, either upon its own motion or upon the motion of the respondent, at any point in the proceedings, that it likely would be detrimental to the treatment or well-being of the respondent, the court shall provide ongoing notice of proceedings to the original petitioner throughout the CARE
proceedings, including notice of when a continuance is granted or when a case is dismissed. If a continuance is granted, the notice shall provide a general reason for the continuance, including the absence of the respondent or one of the grounds pursuant to Rule 3.1332 of the California Rules of Court. If a case is dismissed, the notice shall specify the statutory basis for the dismissal. A notice pursuant to this clause shall not disclose any patient information that is protected under the federal Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191), the Confidentiality of Medical Information Act (Part 2.6 (commencing with Section 56) of Division 1 of the Civil Code), or this act, without the respondent’s consent.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
To the extent that the respondent consents, the court may allow the original petitioner to
participate in the respondent’s CARE proceedings, including in the development of a CARE agreement, a CARE plan, or a voluntary graduation plan with the county behavioral health agency and the respondent.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
The original petitioner may file a new petition with the court, pursuant to Section 5974, if the matter is dismissed and there is a change in circumstances.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
If the original petitioner is not described in subdivision (a) or (b) of Section 5974, the court shall not assign ongoing rights to the original petitioner, other than the right to be present and make a statement at the hearing on the merits of the petition held pursuant to paragraph (7).
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
The court shall set a hearing on the
merits of the petition within 10 days, at which time the court shall determine whether, by clear and convincing evidence, the respondent meets the CARE criteria in Section 5972. In making this determination, the court shall consider all evidence properly before it, including any report from the county behavioral health agency ordered pursuant to paragraph (3) of subdivision (a) and any additional admissible evidence presented by the parties, including the petition submitted and any statement given by the original petitioner. A licensed behavioral health professional may testify as an expert concerning whether the respondent meets the CARE criteria in Section 5972 provided that the court finds that the professional has special knowledge, skill, experience, training, or education sufficient to qualify as an expert under Section 720 of the Evidence Code.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The hearing on the merits of the petition may be conducted concurrently with the initial appearance upon stipulation of the petitioner and the respondent, subject to the approval by the court.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
If, at the hearing on the merits of the petition, the court finds there is not clear and convincing evidence that the respondent meets the CARE criteria in Section 5972, the court shall dismiss the case without prejudice, unless the court makes a finding, in open court, that the original petitioner’s filing was not in good faith, in which case the dismissal shall be with prejudice.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
If, at the hearing on the merits of the petition, the court finds by clear and convincing evidence that the respondent meets the CARE criteria in Section 5972, the
court shall order the county behavioral health agency to work with the respondent, the respondent’s counsel, and the supporter to engage the respondent in behavioral health treatment and attempt to enter into a CARE agreement. The court shall set a case management hearing within 14 days.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
If the respondent is enrolled in a federally recognized Indian tribe, the respondent shall provide notice of the case management hearing to the tribe, subject to the consent of the respondent.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The following shall apply to any written report submitted by a county behavioral health agency to the court pursuant to this section:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The report is confidential and not subject to disclosure or inspection under the California
Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The report is inadmissible in any subsequent legal proceeding, except upon motion of the respondent in that subsequent legal proceeding.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The report shall be confidential pursuant to subdivision (e) of Section 5976.5.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
This subdivision shall not affect the applicability of paragraph (2) of subdivision (c) of Section 5977.1, make admissible any evidence that is not otherwise admissible, or permit a witness to base an opinion on any matter that is not a proper basis for such an opinion. The admission or exclusion of evidence shall be pursuant to the rules of evidence established by the Evidence Code, including,
but not limited to, Section 352 of the Evidence Code, and by judicial decision.
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_D62A3C4D-15C8-46DF-A5A4-64767CE213F9">
<ns0:Num>SEC. 3.</ns0:Num>
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Section 5977.1 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_AB403492-5960-4C30-A093-FDE3D0D0C463">
<ns0:Num>5977.1.</ns0:Num>
<ns0:LawSectionVersion id="id_0BEF77E7-ABF1-451A-A5F0-88C404D0F4AB">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
At the case management hearing, the court shall hear evidence as to whether the parties have entered, or are likely to enter, into a CARE agreement.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
If the court finds that the parties have entered, or are likely to enter, into a CARE agreement, the court shall do one of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Approve the terms of the CARE agreement or modify the terms of the CARE agreement and approve the agreement as modified by the court, and continue the matter and set a progress hearing for 60 days.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Continue the matter for 14 days to allow
the parties additional time to enter into a CARE agreement, upon stipulation of the parties.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Nothing in this subdivision shall prohibit the parties from agreeing to, and the court from approving, amendments to the CARE agreement.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
If the court finds that the parties have not entered into a CARE agreement, and are not likely to enter into a CARE agreement, the court shall order the county behavioral health agency, through a licensed behavioral health professional, to conduct a clinical evaluation of the respondent, unless there is an existing clinical evaluation of the respondent completed within the last 30 days and the parties stipulate to the use of that evaluation. The evaluation shall address, at a minimum, the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
A clinical diagnosis of the respondent.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Whether the respondent has the legal capacity to give informed consent regarding psychotropic medication.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Any other information as ordered by the court or that the licensed behavioral health professional conducting the evaluation determines would help the court make future informed decisions about the appropriate care and services the respondent should receive.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
An analysis of recommended services, programs, housing, medications, and interventions that support the recovery and stability of the respondent.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The court
shall set a clinical evaluation hearing to review the evaluation within 21 days. The court shall order the county to file the evaluation with the court and provide the evaluation to the respondent’s counsel no later than five days prior to the scheduled clinical evaluation hearing. The clinical evaluation hearing may be continued for a maximum of 14 days upon stipulation of the respondent and the county behavioral health agency, unless there is good cause for a longer extension. The evaluation may be provided to the original petitioner if the respondent consents.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
At the clinical evaluation review hearing, the court shall review the evaluation and other evidence from the county behavioral health agency and the respondent. The county behavioral health agency and the respondent may present evidence and call witnesses, including the
person who conducted the evaluation. Only relevant and admissible evidence that fully complies with the rules of evidence may be considered by the court.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
At the conclusion of the hearing, the court shall determine whether the respondent, by clear and convincing evidence, meets the CARE criteria in Section 5972 and make orders as follows:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
If the court finds that the respondent meets the CARE criteria, the court shall order the county behavioral health agency, the respondent, and the respondent’s counsel and supporter to jointly develop a CARE plan within 14 days.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
If the court does not find that clear and convincing evidence establishes that the respondent meets the CARE criteria, the court shall dismiss the
petition.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
If the respondent is a self-identified American Indian or Alaska Native individual, as defined in Sections 1603(13), 1603(28), and 1679(a) of Title 25 of the United States Code, has been determined eligible as an Indian under Section 136.12 of Title 42 of the Code of Federal Regulations, or is currently receiving services from an Indian health care provider or tribal court, the county behavioral health agency shall use its best efforts to meaningfully consult with and incorporate the Indian health care provider or tribal court available to the respondent to develop the CARE plan.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
The evaluation and all reports, documents, and filings submitted to the court shall be confidential.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
The date for
the hearing to review and consider approval of the proposed CARE plan shall be set not more than 14 days from the date of the order to develop a CARE plan, unless the court finds good cause for an extension. The party requesting an extension of time for the CARE plan review hearing shall provide notice to the opposing party, their counsel, and the petitioner of the request for extension of time, and the court’s order if the request is granted.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
At the CARE plan review hearing, the parties shall present their plan or plans to the court. The county behavioral health agency or the respondent, or both, may present a proposed CARE plan. If the respondent consents, the original petitioner may also make suggestions for the CARE plan, but shall not propose a third CARE plan for consideration.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
After consideration of the plans proposed by the parties and any recommendations from the original petitioner, the court shall adopt the elements of a CARE plan that support the recovery and stability of the respondent. The court may issue any orders necessary to support the respondent in accessing appropriate services and supports, including prioritization for those services and supports, subject to applicable laws and available funding pursuant to Section 5982. These orders shall constitute the CARE plan and may be amended.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
A court may order medication if it finds, upon review of the court-ordered evaluation and hearing from the parties, that, by clear and convincing evidence, the respondent lacks the capacity to give informed consent to the administration of medically necessary
stabilization medication. To the extent the court orders medically necessary stabilization medication, the medication shall not be forcibly administered and the respondent’s failure to comply
with a medication order shall not result in a penalty, including, but not limited to, contempt or termination of the CARE plan pursuant to Section 5979.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
If the proposed CARE plan includes services and supports, such as housing, provided directly or indirectly through another local governmental entity, that local entity may agree to provide the service or support, or the court may consider a motion by either of the parties to add the local entity as a party to the CARE proceeding. If the local entity agrees to provide the service or support, it may request to be added as a party by the court.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
If, after presentation of the CARE plan or plans, the court determines that additional information is needed, including from a licensed behavioral health professional, the
court shall order a supplemental report to be filed by the county behavioral health agency for which the court may grant a continuance of no more than 14 days, unless there is good cause for a longer extension.
The report may be provided to the original petitioner if the respondent consents.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
If there is no CARE plan because the parties have not had sufficient time to complete it, the court may grant a continuance of no more than 14 days, unless there is good cause for a longer extension.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
This subdivision does not prohibit the parties from agreeing to, and the court from approving, amendments to the CARE plan. The court may also approve amendments to the CARE plan upon the finding that those amendments are necessary to support the respondent in accessing appropriate services and supports, following a hearing on the issue.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
The issuance of an order approving a CARE plan pursuant to
paragraph (2) of subdivision (d) begins the CARE process timeline, which shall not exceed one year.
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_70F68E44-AE93-44D4-A0D4-AB41F49B4AAC">
<ns0:Num>SEC. 4.</ns0:Num>
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Section 5977.2 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_35F91B98-84F5-40A8-98A7-DFF2323F485B">
<ns0:Num>5977.2.</ns0:Num>
<ns0:LawSectionVersion id="id_F6390B71-6994-48C1-804A-3C34942FBB2D">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
At intervals set by the court and not less frequently than every 60 days after the court orders the CARE plan, the court shall hold a status review hearing. The county behavioral health agency shall file with the court and serve on the respondent, the respondent’s counsel and supporter, and, if the respondent consents, the original petitioner a report no fewer than five court days prior to the review hearing with the following information:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The progress that the respondent has made on the CARE plan.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
What services and supports in the CARE plan were provided, and what services and
supports were not provided.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Any issues the respondent expressed or exhibited in adhering to the CARE plan.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Recommendations for changes to the services and supports to make the CARE plan more successful.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The respondent shall be permitted to respond to the report submitted by the county behavioral health agency and to the county behavioral health agency’s testimony. The respondent shall be permitted to introduce their own information and recommendations.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Subject to applicable law, intermittent lapses or setbacks described in this section of the report shall not impact access to services, treatment, or housing.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The report may be provided to the original petitioner where the respondent consents.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The county behavioral health
agency or the respondent may request, or the court upon its own motion may set, a hearing to occur at any time during the CARE process to address a change of circumstances.
</html:p>
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</ns0:LawSection>
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</ns0:BillSection>
<ns0:BillSection id="id_D6893216-B0F0-4D0E-A045-8280E8193EC3">
<ns0:Num>SEC. 5.</ns0:Num>
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Section 5977.3 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_22537DC4-D4BC-4492-96BC-C00F22860734">
<ns0:Num>5977.3.</ns0:Num>
<ns0:LawSectionVersion id="id_41F1CD5B-55A3-40F7-94E1-D14BC1A67106">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
In the 11th month of the process timeline, the court shall hold a one-year status hearing. Not fewer than five court days prior to the one-year status hearing, the county behavioral health agency shall file a report with the court and shall serve the report on the respondent and the respondent’s counsel and supporter. The report may be provided to the original petitioner where the respondent consents. The report shall include the following information:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The progress that the respondent has made on the CARE plan, including a final assessment of the respondent’s stability.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
What services and
supports in the CARE plan were provided, and what services and supports were not provided, over the life of the program.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Any issues the respondent expressed or exhibited in adhering to the CARE plan.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Recommendations for next steps, including what ongoing and additional services would benefit the respondent that the county behavioral health agency can facilitate or provide.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
At an evidentiary hearing, the original petitioner and the respondent shall be permitted to respond to the report submitted by the county behavioral health agency and to the county behavioral health agency’s testimony. The respondent, and if the respondent consents, the original petitioner shall be permitted to introduce their
own information and recommendations. The respondent shall have the right at the hearing to call witnesses and to present evidence as to whether the respondent agrees with the report. The respondent may request either to be graduated from the program or to remain in the program.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The court shall issue an order as follows:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
If the respondent elects to be graduated from the program, the court shall order the county behavioral health agency and the respondent to work jointly on a voluntary graduation plan. The court shall schedule a hearing in the 12th month after adoption of the CARE plan for presentation of the graduation plan. The court shall review the graduation plan and recite the terms in open court. The graduation plan shall not place additional requirements on
local governmental entities and is not enforceable by the court, except that the graduation plan may, at the respondent’s election, include a psychiatric advance directive, which shall have the force of law. Upon completion of the hearing, the respondent shall be officially graduated from the program.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
If the respondent elects to remain in the CARE process, respondent may request any amount of time, up to and including one additional year. The court may permit the ongoing voluntary participation of the respondent if the court finds both of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The respondent did not successfully complete the CARE plan.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The respondent would benefit from continuation of the CARE plan.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The court shall issue an order permitting the respondent to continue in the CARE plan or denying respondent’s request to remain in the CARE plan, and state its reasons in open court.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The respondent may be involuntarily reappointed to the program only if the court finds, by clear and convincing evidence, that all of the following conditions apply:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The respondent did not successfully complete the CARE process.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
All services and supports required through the CARE process were provided to the respondent.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The respondent would benefit from continuation in the CARE process.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The respondent currently meets the requirements in Section 5972.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
A respondent may only be reappointed to the CARE process once, for up to one additional year.
</html:p>
</ns0:Content>
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<ns0:Num>SEC. 6.</ns0:Num>
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Section 5977.4 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:Num>5977.4.</ns0:Num>
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<ns0:Content>
<html:p>
(a)
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In all CARE Act proceedings, the judicial officer shall control the proceedings during the hearings with a view to the expeditious and effective ascertainment of the jurisdictional facts and the ascertainment of all information relative to the present condition and future welfare of the respondent. Except when there is a contested issue of fact or law, the proceedings shall be conducted in an informal nonadversarial atmosphere with a view to obtaining the maximum cooperation of the respondent, all persons interested in the respondent’s welfare, and all other parties, with any provisions that the court may make for the disposition and care of the respondent. The court and relevant local public agencies shall cooperate to develop a
comprehensive set of objectives established to improve performance of the CARE system in a vigorous and ongoing manner. The court is authorized to coordinate and participate in meetings to improve system performance. All evaluations and reports, documents, and filings submitted to the court pursuant to CARE Act proceedings shall be confidential.
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<html:p>
(b)
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The hearings described in this chapter shall occur in person unless the court, in its discretion, allows a party or witness to appear remotely through the use of remote technology. The respondent shall have the right to be in person for all hearings.
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(c)
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Consistent with its constitutional rulemaking authority, the Judicial Council shall adopt rules to implement the policies and provisions in this section and in Sections 5977 to 5977.4,
inclusive, to promote statewide consistency, including, but not limited to, what is included in the petition form packet, communications between the CARE Act court and the juvenile court, if applicable, the role of the judiciary to improve system performance, and the process by which counsel will be appointed.
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<html:p>
(d)
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(1)
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Consistent with paragraph (9) of subdivision (b) of Section 56.10 of the Civil Code, the county behavioral health agency shall include in any report evaluation, or other document filed with the court, the information, including protected health information, necessary to support the determinations, conclusions, and recommendations in the filing. The county behavioral health agency shall not, unless ordered to do so by the court, submit to the court original or photocopied records underlying the information
in a report evaluation or other document required or ordered under this subdivision. The county behavioral health agency shall serve an unredacted copy of any report evaluation, or other document filed with the court on the respondent and the respondent’s counsel and, with the consent of the respondent, on the supporter and the original petitioner in a manner authorized by law. Neither a county nor an employee or agent thereof shall be held civilly or criminally liable for any disclosure authorized or required by this paragraph.
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<html:p>
(2)
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(A)
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Consistent with paragraph (1) of subdivision (c) of Section 56.10 of the Civil Code, a provider of health care, as defined in Section 56.05 of the Civil Code, or a covered entity, as defined in Section 160.103 of Title 45 of the Code of Federal Regulations, may disclose to the
county behavioral health agency any information, including protected health information, and mental health records excluding psychotherapy notes, in its possession about the respondent that is relevant to the county behavioral health agency’s provision, coordination, or management of services and supports under this part, including, but not limited to, the preparation of any required investigations, evaluations, or reports. Such a disclosure is a disclosure for treatment purposes, which may be made only to the extent permitted under Section 164.506 of Title 45 of the Code of Federal Regulations. The information disclosed may include substance use disorder patient records only to the extent permitted by Part 2 (commencing with Section 2.1) of Title 42 of the Code of Federal Regulations.
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<html:p>
(B)
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Consistent with paragraph (9) of subdivision (b) of Section 56.10
of the Civil Code, a provider of health care, as defined in Section 56.05 of the Civil Code, or a covered entity, as defined in Section 160.103 of Title 45 of the Code of Federal Regulations, that filed a CARE Act petition or executed an affidavit included with a CARE Act petition pursuant to paragraph (1) of subdivision (d) of Section 5975 shall provide to the county behavioral health agency any information, including protected health information, and mental health records excluding psychotherapy notes, in its possession about the respondent that may be relevant in connection with an investigation, evaluation, or other report or hearing under this part, or with the provision of services and supports under this part. The provision of information under this paragraph is a disclosure required by law, which may be made only to the extent permitted under subdivision (a) of Section 164.512 of Title 45 of the
Code of Federal Regulations. The information disclosed shall include substance use disorder patient records only to the extent permitted by Part 2 (commencing with Section 2.1) of Title 42 of the Code of Federal Regulations.
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<html:p>
(C)
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The county behavioral health agency may apply to the court ex parte for an order requiring any provider of health care, as defined in Section 56.05 of the Civil Code, or any covered entity, as defined in Section 160.103 of Title 45 of the Code of Federal Regulations, to provide to the county behavioral health agency, to the court, or both, any information, including, but not limited to, protected health information, and mental health records excluding psychotherapy notes, in its possession about the respondent that may be relevant in connection with an investigation, evaluation, or other report or hearing under
this part, or with the provision of services and supports under this part. The provision of information under this paragraph is a disclosure required by law, which may be made only to the extent permitted under Section 164.512 of Title 45 of the Code of Federal Regulations. The information ordered to be disclosed may include substance use disorder patient records only to the extent permitted by Part 2 (commencing with Section 2.1) of Title 42 of the Code of Federal Regulations.
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<html:p>
(D)
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A provider of health care or covered entity shall not be held civilly or criminally liable for any disclosure authorized or required by this section.
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(E)
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The county behavioral health agency shall notify the respondent of a disclosure under this paragraph as follows:
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(i)
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By mail at the respondent’s last known address, if any.
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(ii)
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To the respondent’s counsel.
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(iii)
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By including a copy of the notification under clause (i) or (ii) with the next notice of hearing served upon the respondent, if any.
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(F)
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All information, including the facts and records, or summary thereof, shared under this subdivision shall further be disclosed to the respondent and the respondent’s counsel, and with the consent of the respondent, to the supporter and the original petitioner.
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(3)
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(A)
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Except as expressly provided, further disclosure or redisclosure of information is not authorized by this subdivision.
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<html:p>
(B)
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Information disclosed to a county behavioral health agency by a provider of health care, as defined in Section 56.05 of the Civil Code, or a covered entity, as defined in Section 160.103 of Title 45 of the Code of Federal Regulations is confidential and not subject to disclosure or inspection under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code).
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<html:p>
(C)
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Disclosure of information under this part shall not be deemed to in any way alter the duties or responsibilities of a county behavioral health agency, of a provider of health care, as defined in Section 56.05 of the Civil Code, or of a covered entity, as defined in Section 160.103 of Title 45 of the Code of Federal Regulations, with respect to the disclosed
information under the Confidentiality of Medical Information Act (Part 2.6 (commencing with Section 56) of Division 1 of the Civil Code), or the federal Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191).
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