Mental health.

Senators Allen and Stern have put forward legislation modifying California's mental health conservatorship and treatment procedures, introducing new requirements for assessments, treatment planning, and confidentiality protections under the Lanterman-Petris-Short Act.

The bill expands the criteria for recommending conservatorships by allowing recommendations when individuals demonstrate an inability to accept voluntary treatment due to apparent incapacity. It also broadens the pool of authorized recommenders to include county agencies providing conservatorship investigations and judicial officers overseeing competency hearings. For individuals placed under conservatorship, the legislation mandates creation of individualized treatment plans within 10 days that specify goals for stabilization, evidence-based treatment, and transition to less restrictive settings.

New provisions require mental health assessments to consider a broader range of information, including mental health history and prior evaluations. The bill establishes protocols for counties where separate agencies handle probate and LPS conservatorships, requiring joint review of cases involving major neurocognitive disorders. Courts receive authority to order evaluations without county petitions when respondents in Community Assistance, Recovery and Empowerment (CARE) Act proceedings appear to become gravely disabled.

The legislation also strengthens confidentiality protections, making hearings presumptively closed to the public and restricting the sharing of respondent health information to court-ordered scenarios or instances approved by the respondent. Counties must investigate all available alternatives before recommending conservatorship, including probate conservatorship and assisted outpatient treatment options.