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19.0 JUDICIAL COMMITMENTS
(a) Requirements.
All petitions for commitment shall generally allege the basis for commitment as required by statute. Each petition shall include a sworn affidavit or declaration signed under penalty of perjury in support of the commitment and include attached documentary evidence. Notice shall be given to respondent personally as well as to the Public Defender's Office and shall be in accordance with the governing statute. A petition for an extended commitment shall be timely filed as required by statute.
(b) Duty of Counsel for Respondent to Advise Respondent of Rights.
It is the responsibility of counsel for respondent to advise respondent of the right to appear at all proceedings, including the hearing on the petition for commitment. Counsel for respondent shall also advise respondent of the right to a jury trial or alternatively to a trial by the court, the right to confront and cross-examine adverse witnesses, to present evidence on respondent's behalf, and the privilege against self-incrimination.
(c) Waiver.
Counsel shall advise respondent of the consequences of waiver of these rights. The Court may accept a written waiver of each of these rights if the waiver is signed by respondent and notarized or witnessed by signature of counsel. The waiver shall specify that respondent understands that he or she faces the possibility of renewed commitments which could last for the person's lifetime.
( Rule 19.0 effective 1/1/99.)
19.1 MEDICATION CAPACITY/RIESE HEARINGS (FACILITY-BASED)
(a) Hearing Request Procedures. Medication Capacity Hearings pursuant to Welfare & Institutions Code section 5332 are facility-based hearings which may be requested by faxing the "Petition and Declaration of Service Regarding Capacity to Give Informed Consent to Medication" to the Court at (213) 223-3538. The first page of the petition shall indicate the availability of the treating physician and, if necessary, the language for which an interpreter is required. The person wh faxed the petition shall follow-up with a phone call to the hearing coordinator at (213) 226-2911 to ensure that the request for the medication capacity hearing has been received.
(b) Notice. The treating facility who filed the petition shall personally inform the patient of the hearing in writing on the same day that the Court receives notice in compliance with Welfare and Institutions Code section 5334(a).
(c) Patients' Rights Advocate . If the patient has not retained a private attorney, a patients' rights advocate shall interview the patient and provide appropriate assistance prior to the medication capacity hearing in compliance with Welfare and Institutions Code section 5333(d). Facilities shall allow advocates unabridged access to the patient, the patient's record, and any other information needed in preparation for the hearing.
(d) Hearing Coordinator . The hearing coordinator shall determine the schedule of medication capacity hearings and shall notify the Patients' Rights Office and the appropriate hearing office of the next day's schedule of hearings. The hearing coordinator shall notify the advocate of any patienttransfers, discharges, or changes of status which would affect the hearing. The hearing coordinator shall contact all involved facility liaison persons of the time of the hearing(s) scheduled for the next court day. The hearing coordinator shall arrange with the Court to provide an interpreter at the hearing if one is indicated.
(e) The Hearing. The facility shall ensure that the patient is present at the appointed time of the hearing unless the patient has waived his or her presence. The hearing shall be closed to all but necessary participants except for individuals expressly invited by the patient, at the discretion of the hearing officer, or individuals permitted by the hearing office for safety reasons or training purposes.
(1) Presentation of Evidence. The current treating physician shall present evidence that the patient lacks the capacity to refuse prescribed medication. The physician shall be a member of the facility staff designated by the facility director who has personally discussed with the patient the prescribed treatment.
(2) Standard. The hearing officer shall utilize the standard of clear and convincing evidence to determine the patient's capacity to consent to medication.
(3) Decision. At the conclusion of the hearing, the decision shall be announced verbally followed by a written decision given to the patient, advocate and facility director to be placed in the patient's chart as specified in Welfare and Institutions Code section 5334(d).
(f) Appeals. The facility or the patient may request judicial review following an adverse determination. All appeals will be heard in Department 95 within two judicial days from the filing of a petition requesting such hearing. Patients may request judicial review by notifying a member of the facility staff, the Superior Court's Mental Health Department or the Patients' Rights Office. All patients requesting a judicial review shall be represented by the Public Defender's Office or privately retained counsel. Private facilities requesting a judicial review shall utilize a privately retained attorney. On a patient appeal, the treating physician may appear with counsel.
(g) Holding periods. Each additional holding period necessitates a new medication capacity hearing if the patient continues to refuse medication, unless the hearing was conducted during the initial 72-hour evaluation period. In that instance, the finding of the hearing officer continues through the expiration of the 14-day hold. If a refusing patient is placed on Temporary Conservatorship under Welfare and Institutions Code section 5352.1, the treating facility may request a judicial hearing by contacting the County Counsel's Office. When scheduled, that hearing will be held in Department 95-A.
(Rule 19.1 effective 1/1/99.)
19.2 CAPACITY: ECT HEARINGS FOR INVOLUNTARILY HELD PATIENTS FOR INTENSIVE TREATMENT
The patient's attending physician through counsel may petition the Superior Court for an evidentiary hearing to determine the capacity of a patient who is involuntarily hospitalized to consent to or refuse electroconvulsive therapy ("ECT").
(a) Contents. The petition must contain a declaration by the treating physician in accordance with Welfare and Institutions Code section 5326.7. The declaration shall state that two psychologists or neurologists have consulted and approved the proposed treatment. The declaration shall also specify which physician was appointed by the Los Angeles County Mental Health Director and which physician was designated by the treating facility/hospital.
(b) Notice. At least 48 hours in advance of the filing of the ECT Petition, petitioner shall serve the petition upon the Public Defender or attorney representing the patient. The petition and accompanying documents may be served by fax.
(c) Proof of Service. The proof of service shall be filed with the clerk of the court at the time the petition is filed.
(d) Hearing Date and Time. The clerk's office of the court shall set a date and time for hearing and shall notify all the parties as designated in the proof of service.
(e) Hearing. The patient and adult responsible relative, if the patient has designated one, shall be present at the ECT hearing. Petitioner shall bring all medical records to court and shall permit inspection and copying prior to the hearing. The County Counsel's Office shall provide representation of County Hospitals at ECT Hearings on behalf of the Department of Health Services. If the treating facility is a private hospital, the attending physician shall appear with the legal counsel provided by the hospital at the ECT Hearing.
(Rule 19.2 effective 1/1/99.)
19.3 FIREARM RETURN
(a) Petition. Pursuant to Welfare and Institutions Code section 8103(f)(1), a petition for restoration of the right to own, possess, control, receive, purchase or regain firearms and any supporting documentation shall be filed with the Clerk's Office of the Mental Health Department of the Superior Court. The petition shall include a discharge summary prepared by the last inpatient facility which provided involuntary treatment. In addition, if a firearm has been confiscated and the petition seeks to regain the firearm, a detailed description of the firearm, the name of the agency which removed the firearm, and a copy of the receipt given by the agency upon removal shall be attached to the petition. At the hearing, the Court may also secure written verification from a treating therapist stating that the petitioner will be able to use the firearm in a safe manner.
(b) The Hearing. The clerk shall send a notice of the hearing date to petitioner. The petitioner shall appear either in propria persona or with privately retained counsel. If the judge decides in petitioner's favor, petitioner shall prepare an order for the Court's signature to present to the agency that confiscated the firearm, and from whom the return of the firearm has been ordered. If the petitioner regains the right to buy or possess firearms, the Court shall send notice to the Department of Justice.
(Rule 19.3 effective 1/1/99.)
19.4 EX PARTE REQUESTS
Ex parte filings made in the Mental Health Department under the Welfare and Institutions Code shall comply with California Rules of Court, rule 3.1200 et seq. Additionally, the moving party shall provide notice to the institution, if any, in which the person is confined, and to opposing counsel regarding the ex parte request.
(Rule 19.4 [1/1/99, 7/1/2000] amended and effective 1/1/08.)
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