Amended by Stats. 2012, Ch. 24, Sec. 63. (AB 1470) Effective June 27, 2012.
There is in the California Health and Human Services Agency a State Department of State Hospitals.
Chapter 1 - General
California Welfare and Institutions Code — §§ 4000-4027
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Sections (32)
Amended by Stats. 2012, Ch. 24, Sec. 64. (AB 1470) Effective June 27, 2012.
As used in this division “state hospital” means any hospital specified in Section 4100.
Amended by Stats. 2012, Ch. 24, Sec. 65. (AB 1470) Effective June 27, 2012.
The department is under the control of an executive officer known as the Director of State Hospitals.
Amended by Stats. 2012, Ch. 24, Sec. 66. (AB 1470) Effective June 27, 2012.
With the consent of the Senate, the Governor shall appoint, to serve at his or her pleasure, the Director of State Hospitals. He or she shall have the powers of a head of a department pursuant to Chapter 2 (commencing with Section 11150), Part 1, Division 3, Title 2 of the Government Code, and shall receive the salary provided for by Chapter 6 (commencing with Section 11550), Part 1, Division 3, Title 2 of the Government Code.
Upon recommendation of the director, the Governor may appoint a chief deputy director of the department who shall hold office at the pleasure of the Governor. The salary of the chief deputy director shall be fixed in accordance with law.
Amended by Stats. 2012, Ch. 34, Sec. 42. (SB 1009) Effective June 27, 2012.
The State Department of State Hospitals, the State Department of Health Care Services, and the State Department of Social Services may adopt and enforce rules and regulations necessary to carry out their respective duties under this division.
Amended by Stats. 1978, Ch. 429.
All regulations heretofore adopted by the State Department of Health pursuant to authority now vested in the State Department of Mental Health by Section 4005.1 and in effect immediately preceding the operative date of this section, shall remain in effect and shall be fully enforceable unless and until readopted, amended or repealed by the Director of Mental Health.
Added by Stats. 2012, Ch. 24, Sec. 67. (AB 1470) Effective June 27, 2012.
All regulations relating to state hospitals previously adopted by the State Department of Mental Health pursuant to authority now vested in the State Department of State Hospitals by Section 4005.1 and in effect immediately preceding the operative date of this section, shall remain in effect and shall be fully enforceable unless and until readopted, amended, or repealed by the Director of State Hospitals.
Added by Stats. 2012, Ch. 34, Sec. 43. (SB 1009) Effective June 27, 2012.
All regulations heretofore adopted by the State Department of Mental Health pursuant to authority vested in the State Department of Health Care Services by Section 4005.1 and in effect immediately preceding the operative date of the act that added this section shall remain in effect and shall be fully enforceable unless and until readopted, amended, or repealed by the Director of Health Care Services.
Amended by Stats. 2013, Ch. 23, Sec. 29. (AB 82) Effective June 27, 2013.
All regulations heretofore adopted by the State Department of Mental Health, and its successor, pursuant to authority vested in the State Department of Health Care Services by Section 4005.1 and in effect immediately preceding the operative date of the act that amended this section in the first year of the 2013–14 Regular Session shall remain in effect and shall be fully enforceable unless and until readopted, amended, or repealed by the Director of Health Care Services.
Added by Stats. 2018, Ch. 424, Sec. 6. (SB 1495) Effective January 1, 2019.
(a)The Deputy Director of the Office of Protective Services of the State Department of State Hospitals has oversight of all protective service components within the department’s law enforcement and fire protection services, including those at each state hospital. The deputy director shall be an experienced law enforcement officer who has completed the management training course prescribed by the Commission on Peace Officer Standards and Training, with extensive management experience directing uniformed peace officers and investigation officers.
(b)Wherever the term “Chief of
the Office of Protective Services” is used in reference to the State Department of State Hospitals, the term shall be deemed to mean the Deputy Director of the Office of Protective Services of the State Department of State Hospitals.
Amended by Stats. 2012, Ch. 24, Sec. 68. (AB 1470) Effective June 27, 2012.
With the approval of the Department of Finance and for use in the furtherance of the work of the State Department of State Hospitals, the director may accept any or all of the following:
(a)Grants of interest in real property.
(b)Grants of money received by this state from the United States, the expenditure of which is administered through or under the direction of any department of this state.
(c)Gifts of money from public agencies or from persons, organizations, or associations interested in the scientific, educational, charitable, or mental health
fields.
Repealed and added by Stats. 1967, Ch. 1667.
The department may expend in accordance with law all money now or hereafter made available for its use, or for the administration of any statute administered by the department.
Amended by Stats. 2012, Ch. 24, Sec. 69. (AB 1470) Effective June 27, 2012.
(a)The department may expend money in accordance with law for the actual and necessary travel expenses of officers and employees of the department who are authorized to absent themselves from the State of California on official business.
(b)For the purposes of this section and of Sections 11030 and 11032 of the Government Code, the following constitutes, among other purposes, official business for officers and employees of the department for which these officers and employees shall be allowed actual and necessary traveling expenses when incurred either in or out of this state upon approval of the Governor and Director of Finance:
(1)Attending meetings of any national or regional association or organization having as its principal purpose the study of matters relating to the care and treatment of mentally ill persons.
(2)Conferring with officers or employees of the United States or other states, relative to problems of institutional care, treatment or management.
(3)Obtaining information from organizations, associations, or persons described in paragraphs (1) and (2) which would be useful in the conduct of the activities of the State Department of State Hospitals.
Repealed and added by Stats. 1967, Ch. 1667.
The department may appoint and fix the compensation of such employees as it deems necessary, subject to the laws governing civil service.
Amended by Stats. 2012, Ch. 24, Sec. 70. (AB 1470) Effective June 27, 2012.
Except as in this chapter otherwise prescribed, the provisions of the Government Code relating to state officers and departments shall apply to the State Department of State Hospitals.
Amended by Stats. 2014, Ch. 144, Sec. 59. (AB 1847) Effective January 1, 2015.
(a)The State Department of Health Care Services has jurisdiction over the execution of the laws relating to the care, custody, and treatment of persons with mental health disorders only to the extent and in the manner provided in this code. The State Department of State Hospitals shall have jurisdiction over the execution of the laws relating to care and treatment of persons with mental health disorders under the custody of the State Department of State Hospitals.
(b)As used in this division, “establishment” and “institution” include every hospital, boarding home, or other place receiving or caring for persons with mental health disorders.
Amended by Stats. 2012, Ch. 24, Sec. 71. (AB 1470) Effective June 27, 2012.
In counties where hospitals under the jurisdiction of the State Department of State Hospitals are located, the state hospitals shall ensure that appropriate special education and related services, pursuant to Chapter 8 (commencing with Section 56850) of Part 30 of Division 4 of Title 2 of the Education Code, are provided eligible individuals with exceptional needs residing in state hospitals.
Amended by Stats. 2024, Ch. 948, Sec. 1. (AB 2119) Effective January 1, 2025.
The State Department of State Hospitals, the State Department of Health Care Services, and other departments as necessary, may:
(a)Disseminate educational information relating to the prevention, diagnosis, and treatment of mental illness.
(b)Upon request, advise a public officer, organization, or agency interested in the mental health of the people of the state.
(c)Conduct such educational and related work
as will tend to encourage the development of proper mental health facilities throughout the state.
(d)Coordinate state activities involving other departments whose actions affect a person with a mental health condition.
(e)Coordinate with, and provide information to, other states and national organizations, on issues involving mental health.
(f)Disseminate information and federal and private foundation funding opportunities to a county or city that administers mental health programs.
Amended by Stats. 2012, Ch. 24, Sec. 73. (AB 1470) Effective June 27, 2012.
The State Department of State Hospitals may obtain psychiatric, medical and other necessary aftercare services for judicially committed patients on leave of absence from state hospitals by contracting with any city, county, local health district, or other public officer or agency, or with any private person or agency to furnish such services to patients in or near the home community of the patient. Any city, county, local health district, or other public officer or agency authorized by law to provide mental health and aftercare services is authorized to enter such contracts.
Amended by Stats. 2012, Ch. 24, Sec. 74. (AB 1470) Effective June 27, 2012.
(a)The State Department of State Hospitals shall, in coordination with the task force described in subdivision (c) and with other state entities, including, but not limited to, the Department of General Services, the State Department of Developmental Services, the Secretary of State, and the California State Library, do all of the following:
(1)Conduct and complete inventories of all of the following:
(A)All materials and records necessary to create the most complete record of persons who died while residing at any state hospital as defined in Section 7200, or any developmental center as defined in Section 4440.
(B)Within existing resources, identify the location of all gravesites at existing state hospitals and developmental center lands and of gravesites not located on state lands but designated by the state for burial of state hospital or developmental center residents. This shall include the location of remains that may have been moved from their original burial site and the location of grave markers that may have been moved from gravesites.
(C)Within existing resources, identify the names of patients whose remains were donated for medical research, the entity to which the remains were donated, and the final disposition of those remains.
(2)Assist and cooperate with the California Memorial Project in conducting research regarding the records of deaths and burials of persons at state hospitals and developmental centers
and cemeteries based on the grounds of these facilities. This assistance shall, subject to paragraph (3), include the granting of access to those state records as necessary to perform the inventories described in this section.
(3)Notwithstanding Sections 4514 and 5328 or any other provision of law regarding confidentiality of patient records, the information described in this section shall be limited to the name, date of birth, date of death, and photographic images of any person who died while in residency at any state hospital or developmental center and shall be made available for the purposes of the implementation of this section. The exportation and use of these records or photographic images from state facilities shall be limited to the information delineated within, and the purposes of, this section.
(4)Assist the California Memorial Project in developing a plan for the
restoration of gravesites and cemeteries at state hospitals and developmental centers and gravesites not located on state lands but designated by the state for burial of state hospital or developmental center residents.
(5)Notwithstanding Sections 4514 and 5328 or any other provision of law governing the confidentiality of patient records, with respect to any monument or memorial erected consistent with this section, the department may include, if available, the name, date of birth, and date of death, of any person being memorialized who died while in residency at a state hospital or developmental center and who was buried by the state.
(6)Develop a protocol for the future interment of patients who die while residing at a state hospital or developmental center and are unclaimed by a family member.
(b)The
department may develop a protocol to coordinate the efforts of the state entities described in subdivision (a).
(c)(1) The department shall establish a task force to provide leadership and direction in carrying out the activities described in this section. The task force shall consist of representatives selected by each of the following entities:
(A) The Peer Self-Advocacy Unit of Disability Rights California.
(B) California Network of Mental Health Clients.
(C) Capitol People First.
(2)To the extent that funding is available, task force members shall be reimbursed for necessary travel expenses associated with serving on the task force. When requested by a task
force member with a disability, the state shall pay the cost of a facilitator chosen by the task force member.
(d)In implementing this section, the state shall make no structural changes to existing gravesites on state hospital or developmental center lands prior to the submission of, and which do not conform with, the restoration plan described in paragraph (4) of subdivision (a).
(e)Pursuant to the plan described in paragraph (4) of subdivision (a), the department shall seek funding for this section from the California Cultural and Historical Endowment, in addition to any other resources that may be available to the department, excluding General Fund moneys, to restore, preserve, and memorialize the gravesite located at Napa State Hospital.
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