Current as of January 01, 2019 | Updated by FindLaw Staff
Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.
(a)(1) The county sheriff may recommend an evaluation for conservatorship to the officer providing conservatorship investigation in the county of residence of the person if the sheriff determines that a person detained in a jail is incapable of caring for the person's own health and well-being due to a serious mental illness and substance use disorder, as evidenced by frequent detention for evaluation and treatment pursuant to Section 5150. The county sheriff may delegate this authority to make a determination and recommendation to the health care service providers in the county jail.
(2) The director of a county mental health department or a county department of public social services may recommend an evaluation for conservatorship to the officer providing conservatorship investigation in the county of residence of the person if the director determines that a person is incapable of caring for the person's own health and well-being due to a serious mental illness and substance use disorder, as evidenced by frequent detention for evaluation and treatment pursuant to Section 5150.
(3) The professional person in charge of an agency providing comprehensive evaluation or a facility providing intensive treatment may recommend an evaluation for conservatorship to the officer providing conservatorship investigation in the county of residence of the person if the professional person in charge of the agency providing comprehensive evaluation or the facility providing intensive treatment determines that a person in the professional's care is incapable of caring for the person's own health and well-being due to a serious mental illness and substance use disorder, as evidenced by frequent detention for evaluation and treatment pursuant to Section 5150.
(b) If the officer providing conservatorship investigation, upon conducting an evaluation for conservatorship, finds that the person meets the criteria for conservatorship and the conservatorship is the least restrictive alternative, the officer shall petition the superior court in the county of residence of the person to establish conservatorship.
Cite this article: FindLaw.com - California Code, Welfare and Institutions Code - WIC § 5455 - last updated January 01, 2019 | https://codes.findlaw.com/ca/welfare-and-institutions-code/wic-sect-5455/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.