CHAPTER 1. County Psychiatric Hospitals [7100 - 7107]
( Heading of Chapter 1 renumbered from Chapter 2 by Stats. 1979, Ch. 373. )
(a) The board of supervisors of each county may maintain in the county hospital or in any other hospital situated within or without the county or in any other psychiatric health facility situated within or without the county, suitable facilities and nonhospital or hospital service for the detention, supervision, care, and treatment of persons who have a mental health disorder or a developmental disability, or who are alleged to be such.
(b) The county may contract with public or private hospitals for those facilities and hospital service when they are not suitably available in an institution, psychiatric facility, or establishment maintained or operated by the county.
(c) The facilities and services for
persons who have, or are alleged to have, a mental health disorder shall be subject to the approval of the State Department of Health Care Services, and the facilities and services for persons who have, or are alleged to have, a developmental disability shall be subject to the approval of the State Department of Developmental Services. The professional person having charge and control of the hospital or psychiatric health facility shall allow the department whose approval is required to make investigations thereof as it deems necessary at any time.
(d) Nothing in this chapter means that persons who have a mental health disorder or a developmental disability may not be detained, supervised, cared for, or treated, subject to the right of inquiry or investigation by the department, in their own homes, or the homes of their relatives or friends, or in a licensed establishment.
(Amended by Stats. 2014, Ch. 144, Sec. 113. (AB 1847) Effective January 1, 2015.)
As used in this chapter “county psychiatric hospital” means the hospital, ward, or facility provided by the county pursuant to the provisions of Section 7100.
(Added by Stats. 1967, Ch. 1667.)
The superintendent or person in charge of the county psychiatric hospital, may receive, detain, supervise, care for or treat in the hospital any person who comes within any of the following descriptions:
(a) Who has been placed therein pursuant to a court order or court commitment under the provisions of this code or the Penal Code.
(b) Who has been placed therein pursuant to the provisions of Part 1 of Division 5 of this code.
(Added by Stats. 1967, Ch. 1667.)
The superintendent or person in charge of the county psychiatric hospital may admit and provide care and treatment in the hospital for any person who comes within the following descriptions:
(a) Who voluntarily makes a written application as provided in Chapter 1 (commencing with Section 6000) of Part 1 of Division 6 of this code.
(b) Who is a conservatee and has written application made in his behalf by his conservator.
(Added by Stats. 1967, Ch. 1667.)
Any adult person detained in such hospital, who is in such condition of mind as to render him competent to make such application shall at his request be exempt from medical or psychiatric treatment, upon filing with the superintendent a statement that he depends upon prayer or spiritual means for healing in the practice of the religion of a well-recognized religious church, sect, denomination, or organization. In case of an adult not found to be in such condition of mind, a similar statement may be filed on his behalf by another and thereupon similar exemption shall be granted. Any minor detained in such hospital shall be exempt from medical or psychiatric treatment if his parent or guardian or conservator shall file with said superintendent an affidavit stating that he relies upon prayer or spiritual means for healing in the practice of the religion of a well-recognized religious church, sect, denomination or organization.
(Amended by Stats. 1979, Ch. 730.)
A superintendent or person in charge of the county psychiatric hospital may discharge any patient who is not a proper case for treatment therein.
(Added by Stats. 1967, Ch. 1667.)
In case a county psychiatric hospital patient or the person legally liable for his maintenance is or becomes the owner of property, real, personal, or mixed, the county furnishing such care, treatment, or observation, shall be reimbursed therefrom for its charges. The board of supervisors of the county shall fix and determine a schedule of charges for the care, treatment, or observation of such patients, and reimbursement to the county shall be made upon the basis of the charges so fixed.
(Added by Stats. 1967, Ch. 1667.)
Any superintendent or person in charge of the county psychiatric hospital, and any public officer, public employee, or public physician who either admits, causes to be admitted, delivers, or assists in delivering, detains, cares for, or treats, or assists in detaining, caring for or treating, any person pursuant to this chapter shall not be rendered criminally liable thereby.
(Added by Stats. 1967, Ch. 1667.)