2020 California Code
Welfare and Institutions Code - WIC
DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES
PART 1 - THE LANTERMAN-PETRIS-SHORT ACT
CHAPTER 5 - Housing Conservatorship for Persons with Serious Mental Illness and Substance Use Disorders
Section 5452.
For purposes of this chapter, the following definitions apply:
(a) “Evaluation” consists of multidisciplinary professional analyses of an individual’s medical, psychological, educational, social, financial, and legal conditions as they 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.
(b) “Frequent detention for evaluation and treatment” means eight or more detentions for evaluation and treatment in a 12-month period.
(c) “Functional impairment” means being substantially impaired as the result of both a serious mental illness and a substance use disorder, being unable to live independently, and suffering an impaired physical condition.
(d) “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 Medi-Cal program as set forth in Chapter 7 (commencing with Section 14000) of Part 3 of Division 9, or under the federal Medicare Program as set forth in Title XVIII (42 U.S.C. Sec. 1395 et seq.) 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 chapter does not prohibit an intensive treatment facility from also providing 72-hour evaluation and treatment.
(e) “Serious mental illness” means a mental disorder as identified in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders that is severe in degree and persistent in duration, presents a major risk to the person’s health and well-being, and causes behavioral functioning that interferes substantially with the primary activities of daily living and that results in an inability to maintain stable adjustment and independent functioning without treatment, support, and rehabilitation for a long or indefinite period of time. Serious mental illnesses may include, but are not limited to, schizophrenia, bipolar disorder, post-traumatic stress disorder, as well as major affective disorders or other severely disabling mental disorders. This section shall not be construed to exclude persons with a serious mental disorder and a diagnosis of substance abuse, developmental disability, or other physical or mental disorder.
(f) “Substance use disorder” means a disorder, as identified in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders, involving the repeated abuse of alcohol or other drugs in a manner that is severe in degree and persistent in duration, presents a major risk to the person’s health and well-being, and causes behavioral functioning that interferes substantially with the primary activities of daily living.
(Amended by Stats. 2019, Ch. 467, Sec. 2. (SB 40) Effective October 2, 2019. Repealed as of January 1, 2024, pursuant to Section 5466.)
