California AB 1194 will help assure the criteria for involuntary treatment is not tragically narrowed through incorrect interpretation of the law by specifying the determination “shall not be limited to consideration of the danger of imminent harm.” The improved code also stipulates that “The application shall also record whether the historical course of the person’s mental disorder was considered in the determination, pursuant to Section 5150.05” in the first part of the code where it should be and assures consideration and recordation of historical course. This legislation is a clarification of existing law, expected to save lives and encourage treatment before unnecessary tragic outcomes. Now we need to make sure it is implemented correctly in counties throughout California.
Call (855) HCA-1421 - (855) 422-1421
Who Can Request AOT?
- Immediate adult family members
- Adults residing with the individual
- Director of treating agency, organization, facility or hospital
- Treating licensed mental health professional
- Peace officer, parole or probation officer supervising the individual
- County resident, minimum 18 years of age
- Person is suffering from a mental illness
- Clinical determination that the person is unlikely to survive safely in the community without supervision
- History of lack of compliance with treatment for his or her mental illness, at least one of the following is true:
- Person’s mental illness has, at least twice within the last 36 months, been a substantial factor in requiring hospitalization,
or services in a forensic or mental health unit of a state or local correctional facility.
- Person’s mental illness resulted in one or more acts of serious violent behavior toward himself or herself or another,
or threatens, or attempts to cause physical harm to himself or herself or another within the last 48 months.
- Person has been offered chance to participate in development of their treatment plan for services and
continues to fail to become involved
- Person’s condition is substantially deteriorating
- AOT would be the least restrictive placement, that is appropriate and feasible, and necessary to
ensure recovery and stability.