| | | | | | | | REPORT TO SHASTA COUNTY BOARD OF SUPERVISORS
BOARD MEETING DATE: November 15, 2016 CATEGORY: Regular - Health and Human Services-9.
SUBJECT:
Resolution Authorizing the Application of Article 4.7 of Chapter 2 of the Lanterman-Petris-Short Act |
| | | | | | | | DEPARTMENT: Health and Human Services Agency-Adult
Supervisorial District No. : All
DEPARTMENT CONTACT: Dean True, Branch Director, (530) 225-5900
STAFF REPORT APPROVED BY: Dean True
Vote Required?
Simple Majority Vote | General Fund Impact?
No Additional General Fund Impact |
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| | | | | | | | RECOMMENDATION
Adopt a resolution which, effective February 1, 2017, implements Article 4.7 of Chapter 2 of the Lanterman-Petris-Short Act, California Welfare and Institutions Code section 5270.10 et seq. to allow the County to provide an additional 30-day period of intensive inpatient psychiatric treatment to stabilize mentally disabled individuals in involuntary inpatient care. |
| | | | | | | | SUMMARY
As an alternative to pursuing formal Lanterman-Petris-Short (LPS) Act conservatorship, Article 4.7 of Chapter 2 of the LPS Act (California Welfare and Institutions (W&I) Code sections 5270.10 through 5270.65), allows the County to provide an additional 30-day period of intensive inpatient psychiatric treatment to stabilize mentally disabled individuals in involuntary inpatient care. The intent of the statute is to reduce the number of LPS conservatorship petitions filed and temporary conservatorships granted through an additional stabilizing treatment period. |
| | | | | | | | DISCUSSION
The LPS Act states that a mentally disabled person deemed to be in serious need of mental health treatment may be involuntarily admitted for a 72-hour hold (W&I Code section 5150), and if needed for an additional 14 days (W&I Code section 5250). For some cases where the 17 days (W&I Code sections 5150 and 5250) is not a sufficient period of time to stabilize someone with a serious mental health problem, the County currently requires that a petition for Temporary Conservatorship (T-Con) be filed by the Public Guardian in order to provide up to 30 days of additional intensive treatment. Filing a petition of conservatorship is a significant legal event for the affected individuals and requires extensive time and involvement from several departments. W & I Code section 5270.10 et seq. is an alternative to the significant legal step of filing a T-Con petition, as they were enacted by the Legislature in an effort to reduce the number of LPS Conservatorship applications that are filed for gravely disabled persons “simply to obtain an additional period of treatment without the belief that a conservator is actually needed” and without the intention to proceed to trial on the Conservatorship petition. |
| | | | | | | | ALTERNATIVES
The Board may choose not to adopt the proposed resolution. |
| | | | | | | | OTHER AGENCY INVOLVEMENT
County Counsel has reviewed and approved the resolution as to form. This recommendation has been reviewed by the County Administrative Office. The Public Defender and the Shasta County Courts support approval of the Resolution. |
| | | | | | | | FINANCING
Welfare and Institutions Code section 5270.12 mandates that for the 30-day treatment allowed under Article 4.7 of Chapter 2 of the LPS Act (Article) to be implemented, the County’s Board of Supervisors must authorize its application. Approval and application requires that the Board, through resolution, make a finding that any additional costs incurred by the County in the application of this Article are funded either by new funding sufficient to cover the costs incurred by the County resulting from this Article, or funds redirected from cost savings resulting from this Article, or a combination thereof, so that no current service reductions will occur as a result of the enactment of this Article.
The Department does not anticipate that any additional costs will be incurred by the County from the implementation of this Article because new costs for longer hospitalization will be offset by fewer conservatees needing long term care in locked facilities. However, should there be any additional costs incurred by Shasta County in the implementation of this Article, they will be funded either by new funding sufficient to cover the costs incurred by the County resulting from the enactment of this Article, or funds redirected from cost savings resulting from the enactment of this Article, or a combination thereof, so that no current service reductions will occur as a result of the enactment of this Article. Any new funding would come from mental health realignment growth. There is no additional General Fund impact associated with the adoption of this resolution. |
ATTACHMENTS: | Description | Upload Date | Description | LPS Resolution | 11/8/2016 | LPS Resolution |
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