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HomeMy WebLinkAbout69-068~' i ''1 2 '3 '4 5 6 7 18 ~9 10 ~: 1°1 12 13 14 ;;. 15 ': 16 17 1.8 19 20 21 22 23 2~ 25 26 2'7 ;; 28 29 30 31 32 RESOLUTION N0. 69-~$ BOARD OF SUPERVI50RS COUNTY OF BUTTE, STATE OF CALIFORNIA RESOLUTION DESIGNATING FACILITIES AND PERSONNEL PURSUANT TO LANTERMAN-PETRTS-SHORT ACT WHEREAS, the California. Legislature has adopted legislation known as the Lanterman-Petris-Short Act; and WHEREAS, said Act is concerned with county-provided mental health services; and WHEREAS, said Act provides for the designation, by the county, of an evaluation facility as defined in that Act; and WHEREAS, said Act provides that upon reasonable cause a peace officer, a member of the attending staff of the evaluation facility, or another professional person designated by the county may place, or cause to be placed, in the evaluation facility, any person who is a danger to others, to himself, or is gravely disabled a.s a result of mental disorder; and WHEREAS, said Act further provides for the initiation of court ordered evaluations, of any person who is a danger to others, to himself, or is gravely disabled as a result of mental dis- order, by the submission of a petition to the court; and WHEREAS, said Act provides that upon application by an individual, the person or agency designated by the county shall prepare and file the petition and all other forms required for the court ordered evaluation; and WHEREAS, said Act provides for the screening of persons alleged to be mentally disordered before the filing of the petition for court ordered evaluations; and WHEREAS, said Act provides that the county shall designate the person or agency to conduct said pre-petition screening; and WHEREAS, the Oroville office of the Community Services Division of the State Department of Welfare has graciously offered Ito act as the pre-petition screening agency called for in said ~ Act; and I1 WHEREAS, said Act further provides that a person may, L; 2 under proper circumstances, be certified for a period, or periods, j3 of involuntary intensive treatment; and 4 WHEREAS, said Act provides that said intensive treatment 'g shall take place in a facility designated by the county to provide 6 intensive treatment; and 7 WHEREAS, said Act provides for a hearing by writ of habeas 'g corpus, upon request of a person detained by certification for ig intensive treatment; and ','~0 WHEREAS, the professional person in charge of the intensive 11 treatment facility may petition the superior court for post 12 certification treatment of a person certified to intensive ;13 treatment under proper circumstances; and 14 WHEREAS, said Act provides for the appointment, under proper ;,'15 circumstances, of a conservator for a person who is gravely dis- ''16 abled as the result of mental disorder or impairment by chronic 17 alcoholism; and 18 WHEREAS, said Act provides that the county shall designate Llg an agency to provide conservatorship investigation; and ,120 WHEREAS, said Act provides that the officer heading .said '; '; 21 agency shall also, under proper circumstances, act as a temporary ',22 conservator; and '',23 WHEREAS, said Act provides that the officer heading the 24 agency providing conservatorship investigation may petition the 'j25 superior court to establish conservatorship; and '',2g WHEREAS, said Act provides that the county shall designate I';27 the county officer who shall serve as the conservator; and ',28 WHEREAS, the Oroville office of the Community Services !29 Division of the State Department of Welfare has graciously offered :30 its advice and assistance in all matters pertaining to the ''31 conservatorships of persons who are gravely disabled as the result '32 of mental disorder or impairment by chronic alcoholism, 2. E 1 ~. 1 NOW, THEREFORE, BE IT RESDI,VED by the Board of Supervisors ', i•2 of the County of Butte, State of California, as follows: ;g 1. The Butte County Community Hospital is hereby designated 4 as an evaluation facility pursuant to Division 5, Part 1, Chapter 5 2 of the Welfare and Institutions Code, Section 5150. '1:6 2, All physicians practicing medicine at the Butte County ':q Hospital, and all psychiatrists practicing in the Butte County i8 Mental Health Clinic are hereby designated as professional persons '9 who may take, or cause to be tak en, into custody persons who are ':~0 a danger to others, to themselves, or are gravely disabled as a I1 result of mental disorders, pursuant to Welfare and Institutions ~~12 Cade Section 5150. 13 3. The District Attorney for the County of Butte is l4 hereby designated as the person who shall prepare and file the ~15 petitions and all other necessary forms required for the court 1:16 ordered evaluations pursuant to Welfare and Institutions Code '17 Sections 5201 and 5202. I';i8 4. The District Attorney of Butte County, or his designee, 19 is designated as the agency to conduct pre-petition screening ', 2p as provided for in Welfare and Institutions Code Section 5202. 21 It is anticipated that the District Attorney will utilize the 22 offered services of the ~roville office of the Community Services i- 23 Division of the State Department of Welfare. ~: ~~ '~24 5. The Butte County Community Hospital is hereby designated 25 as the facility to provide intensive treatment pursuant to Welfare 26 and Institutions Code Sections 5250, 5260, and 5304. 27 6. The District Attorney for the County of Butte shall 28 defend all actions for habeas corpus pursuant to Welfare and 29 Institutions Code Section 5275. ''30 7. The District Attorney for the County of Butte shall !'31 prepare and file the petitions and all other necessary forms !32 required for post certification treatment pursuant to Welfare and 3. 1 2'' '3 ';5 6 7 S 9 10 rl '12 X13 ',].~ '15 16 Z7 X18 l9 20 !21 22 23 124 '25 26 27 128 29 30 x:31 32 Institutions Code Section 5301. 8. The Public Guardian of the County of Butte is hereby designated as the agency to provide conservatorship investigation pursuant to Welfare and Institions Code Section 5351. 9. The Public Guardian is hereby designated as the county officer who shall serve as conservator where the conservatorship investigation agency recommends the services of a public officer a conservator, pursuant to Welfare and Institutions Code Section 5355. 10. The County Counsel for the County of Butte shall act as attorney for the Public Guardian in conservatorship matters, and shall prepare and file all petitions and other necessary forms pursuant to Division 5, Part 1, Chapter 3 of the Welfare and Tnstitutions Code. 11. The Public Guardian, in all matters concerning conser- vatorships, shall be free to avail himself of the advice and assistance of the Oraville office of the Community Services Divi- sion of the State Department of Welfare. 12. All county agencies and departments are hereby ordered to prepare reports pursuant to Welfare and Institutions Code Section 5354 on conservatees or potential conservatees as re- quested by the Public Guardian. PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of California, this 8th day of 1969, by the following vote: AYES : Supervisors Dunaway, Iiowsden, I~2axon, Reynolds and Chairman NOES : ATone n ~\ ABSENT: None ( ` ATTEST: CLARK A. NEL50N, County Clerk and ex-officio Clerk of the~~Boar~/d of` S~up'eprvisors By ~-~tit.f~ ~i /Gu'1~~.. I~ P'ACtC1LLVY, ~nairman or the to County Board of Supervisors 4.