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Legislative Intent . LPS: End inappropriate, indefinite, and involuntary commitment of mentally disordered persons, developmentally disabled persons, and eliminate legal disabilities (Added by Stats.1967, operative July 1, 1969)Lanterman: Clarify role of consumers and families in determining serv
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1. Lanterman-Petris-ShortandLanterman Comparisons and Contrasts
Making the Systems Work
2. Legislative Intent LPS: End inappropriate, indefinite, and involuntary commitment of mentally disordered persons, developmentally disabled persons, and eliminate legal disabilities (Added by Stats.1967, operative July 1, 1969)
Lanterman: Clarify role of consumers and families in determining service needs and describe service options pursuant to IPP (Division 4.5 added by Stats.1977, operative July 1, 1978)
3. Rights LPS 5600.2 Persons with mental disabilities retain all the rights, privileges, opportunities, and responsibilities of other citizens unless specifically limited by federal or state law or regulations.
Lanterman 4502 Persons with developmental disabilities have the same legal rights and responsibilities guaranteed all other individuals by the United States Constitution and laws and the Constitution and laws of the State of California.
4. LPS 5325.1Lanterman 4502(a) Treatment services which promote the potential to function independently/Treatment and habilitation in the least restrictive environment
Shall protect the personal liberty of the individual
Right to dignity, privacy, humane care
Religious freedom and practice
Social interaction/community activities
Physical exercise/recreational opportunities
Freedom from harm, unnecessary physical restraint, isolation, excessive medication, abuse, neglect
Freedom from hazardous procedures.
5. LPS 5325 & 5327 Lanterman 4503 Clothes, personal possessions, toilet articles, money
Storage space for private use
Visitors each day
Access to telephones
Letterwriting material
*Plus 5170.5 immediate right (no more than 3 hours) to 2 phone calls at his own expense or free local toll free or collect calls
6. Minors with Dual Diagnosis Under 18/not conserved
Developmental disability/mental health
Residing at Fred Finch
Ran away from the house/into the freeway
Threw rocks and bottles
Tennis shoes taken away
Need to engage in safe behaviors for extended period of time and work toward Level I
7. Denial of Rights LPS 5326 Rights may be denied for good causedefined by regulation
Lanterman 4504 Rights may be denied for good causedefined by regulation
8. CCR Title 9 and Title 17Good Cause The exercise of the specific right would be injurious to the patient;
or
There is evidence that the specific right, if exercised, would seriously infringe on the rights of others;
or
The institution or facility would suffer serious damage if the specific right is not denied.
9. Right to Refuse LPS 5325
--convulsive treatment including ECT and insulin coma
--psychosurgery
Lanterman 4503 (f-h)
--electroconvulsive therapy
--behavior modification techniques/pain or trauma
--psychosurgery
10. Consent to Treatment LPS
5152(c) written and oral information on effects of medication
5326.5 written informed consent
5332 antipsychotics unless finding of incapacity or emergency
11. Consent, cont. Lanterman 4655 Director of regional center or designee may give consent to medical, dental, or surgical treatment and provide for such treatment if:
a) the persons parent, guardian, or conservator does not respond within a reasonable time to the request;
b) if the person has no parent, guardian, or conservator/director may initiate guardianship or conservatorship proceedings;
c) if person is adult and has no conservator, consent by someone else only if person is mentally incapable of giving his own consent.
12. Confidential Information LPS 5328 Confidential Information and Records: All information and records obtained in the course of providing services to either voluntary or involuntary recipients of services shall be confidential.
Lanterman 4514 Confidential Information and Records: All information and records obtained in the course of providing intake, assessment, and services to persons with developmental disabilities shall be confidential.
13. Adult Client/Dual Diagnosis Picked up by police at group home after breaking window
Placement funded by regional center
Admitted to LPS facility on 5150
Facility staff disclosed prior history to police
What are clients potential remedies??
14. Action for DamagesWillful Knowing Release LPS 5330 Greater of the following amounts:
--Ten thousand dollars or
--Three times the amount of actual damages
Lanterman 4518 Greater of the following
amounts:
--Five hundred dollars
--Three times the amount of actual damages
15. Dual Responsibilities LPS 5600.2(e) Mental health should address the special needs of children and youth, adults, and older adults with dual and multiple disabilities
Lanterman 4510 DDS and DMH shall jointly develop and implement a statewide program for encouraging the establishment of sufficient numbers and types of living arrangements, both in communities and state hospitals, as necessary to meet the needs of persons served by those departments
16. Legislative Mandate 4696.1 Legislature finds and declares that improved cooperative efforts between regional centers and county mental health are necessary
Each regional center and county mental health agency shall develop a memorandum of understanding
17. Disputed Cases (Michael A v. SARC) Premature birth with subsequent heart surgeries
ADHD-learning disabilities-organic deficits
5th grade/Santa Clara County Mental Health
6th grade-SED-1:1 aide
FS IQ 90 with deficits in adaptive functioning
Organic brain syndrome secondary to cardiac surgery and brain injury
5th category eligibility for regional center
18. Disputed Cases (JB v. NBRC) Born 1946age 54
1954 admission LPNI
1960 Napa State Hospital
Schizophrenia
1970 D/C NSH/homeless
35 acute admissions; LPS conservatorship at time of hearing
19. Disputed Cases (AR v. SARC) Head Start age 5 and special education first grade
Dysthymic disorder, schizophreniform disorder, amphetamine dependence, schizoaffective disorder
21 years old
NSH 1026 commitment
20. Special Education W & I 5600.3(a)(2)(C) Minors who meet special education eligibility requirements
Lanterman 4501.5 DDS shall insure that appropriate special education and related services are provided eligible individuals with exceptional needs
21. Special Education/Related Services AG v. San Francisco Unified School District
Epilepsy, chromosome 5 inversion, microcephaly, global delay in cognitive, language, and fine and gross motor development
VNS/Diastat
District refused to administer medication ordered by clients physicians
22. Federal/State Authority Individuals with Disabilities Education Act.
--Students have the right to a free appropriate public education
--Special education is specially designed education, at no cost to parents, to meet the unique needs of the student
--Related services means transportation and other developmental, corrective, and supportive services that may be required to assist the child to benefit from special education
California Education Code.
23. U.S. Supreme Court Irving v. Tatro, 468 U.S. 883 (1984). Court determined that any service that could properly be termed a related service and could not be termed medical service was the responsibility of a school district. Bright line test.
Cedar Rapids Community School District v. Garret F., 526 U.S. 66 (1999). Reaffirmed the bright line test of Tatro. Only medical services must be performed by physician; all others by school district.
24. Commitment Lanterman 4507 Developmental disability alone shall not constitute sufficient justification for judicial commitment. Persons who constitute a danger to themselves or others may be judicially committed if evidence of such danger is proven in court.
25. Questions
Evaluations
CLE Certificates