PDF《LPS TRAINING MANUAL》

LPS TRAINING MANUAL Los Angeles County Department of Mental Health Redesigned/ Rewritten by: Kathleen Piché How to write a 5150/5585 written by John Snibbe We wish to acknowledge the work and dedication of Barbara Lurie and David Engleman in writing previous training manuals that contribute to this version *This handbook may be found on the Los Angeles County Department of Mental Health Website (Lacdmh.

org). Click on trainings, then applications. Table of Contents: PART ONE Module One: Lanterman-Petris-Short (LPS) Act Historical Framework…………

3 Module Two: Definition of 72-hour hold, who may write, where to write, and when advisement is necessary…5 Module Three: Liability Associated with writing a 5150…9 Module Four: Reasons to place a person on a 5150…12 Module Five: Placing minors on involuntary detention…16 Module Six: Use of historical information when assessing for a 5150.………..

19 Module Seven: Safeguarding personal property…21 Module Eight: The Emergency Room 24-hour rule.24 Module Nine: Duty to report unsafe conditions…27 Module Ten: How to complete a valid 5150/5585…29 PART TWO Mechanics of involuntary detention…40 PART THREE Conservatorships…48 PART FOUR Minors'

Issues…52 PART FIVE Frequently Asked Questions…59 Part One Module One This module reviews the historical framework of the Lanterman-Petris- Short Act. Learning Objectives: At the conclusion of this module, the student will be able to describe: 1. Why the LPS Act was initiated. 2. Purpose and intent of LPS Act. Overview History: In the late 1960'

s, the California Legislature instituted a groundbreaking bill to change how persons with mental disabilities were to be treated in this State. The law was hailed across the country as the most progressive and humane piece of legislation to date. It was mandated that a mentally disabled person be treated in the least restrictive setting and given the right, just as any person has, to be heard in court when detained involuntarily. Legislative Intent: The California Mental Health Act (Sections

5000 to

8000 of the Welfare and Institutions Code), also known as the LPS Act, begins by promoting the legislative intent: ? Most important was: to end the inappropriate, indefinite, involuntary commitment of mentally disordered persons;

? To provide prompt evaluation and treatment of persons with serious mental disorders;

? To guarantee and protect public safety;

? To safeguard individual rights through judicial review;

? To provide individualized treatment, supervision, and placement services by a conservatorship program for gravely disabled persons;

? To encourage the full use of all existing agencies, professional personnel and public funds to accomplish these objectives and to prevent duplication of services and unnecessary expenditures;

? To protect mentally disordered persons and developmentally disabled persons from criminal acts. Prior to LPS, there were insufficient standards for who could be placed involuntarily into the hospital or for how long. ? Involuntary patients had no legal way to appeal their hospital stay. Criminals had more due process rights than mental health patients. Many abuses toward patients occurred. ? Patients had no rights once they were hospitalized. All civil and constitutional rights were denied. Q: Self-Assessment Exercise: 1) Why was the LPS Act initiated? a) Prior to LPS, there were insufficient standards for who could be placed involuntarily into the hospital or for how long. b) There was no legally systematic way for involuntary patients to get out of the hospital. Criminals had more due process rights than mental health patients. c) Patients had no rights once they were hospitalized. d) All of the above 2) What is the primary intent of the LPS Act? T F To end the inappropriate, indefinite, involuntary commitment of mentally disordered persons. T F To provide prompt evaluation and treatment of persons with serious mental disorders. T F To guarantee and protect public safety. T F To safeguard individual rights through judicial review. T F To provide individualized treatment, supervision, and placement services by a conservatorship program for gravely disabled persons. T F To encourage the full use of all existing agencies, professional personnel and public funds to accomplish these objectives and to prevent duplication of services and unnecessary expenditures. T F To protect mentally disordered persons and developmentally disabled persons from criminal acts. A: Self-Assessment Exercise, Feedback: 1) D, All of the above 3) All T Module