§ 5270.70
457 words·~2 min read·
/ca/welfare-and-institutions-code/5270-70A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)If, after 15 days of the 30-day period of intensive treatment pursuant to this article, but at least 7 days before expiration of the 30 days, the professional staff of the agency or facility treating the person finds that the person remains gravely disabled as a result of a mental disorder or impairment by chronic alcoholism and the person remains unwilling or unable to accept treatment voluntarily, the professional person in charge of the facility providing intensive treatment to the person may file a petition in the superior court for the county in which the facility providing intensive treatment is located, seeking approval for up to an additional 30 days of intensive treatment. The court shall immediately appoint the public defender or other attorney to represent the person in the hearing under this section, if that person does not already have counsel to represent them in the proceedings.
(b)Reasonable attempts shall be made by the mental health facility to notify family members or any other person designated by the patient of the time and place of the judicial review, unless the patient requests that this information not be provided. The patient shall be advised by the facility that is treating the patient that the patient has the right to request that this information not be provided.
(1)The court shall either deny the petition or order an evidentiary hearing to be held within two court days after the petition is filed. The court may order that the person be held for up to an additional 30 days of intensive treatment if, at the evidentiary hearing, the court finds all of the following, based on the evidence presented:
(A)That the person, as a result of mental disorder or impairment by chronic alcoholism, is gravely disabled.
(B)That the person had been advised of the existence of, and has not accepted, voluntary treatment.
(C)That the facility providing intensive treatment is equipped and staffed to provide the required treatment and is designated by the county to provide intensive treatment
(D)That the person is likely to benefit from continued treatment.
(2)If the court does not make all of the findings required by paragraph (1), the person shall be released no later than the expiration of the original 30-day period.
(d)A finding under this section shall not be admissible in evidence in any civil proceeding without the consent of the person who was the subject of the finding.
(e)In no event may a person be held beyond the original 30-day period of intensive treatment unless a court has determined that an additional period of up to 30 days of treatment is required, regardless of whether or not the court hearing has been set.