Form Mh 302 Ncr - Application For Assessment And Evaluation (Page 2 of 2) in pdf

APPLICATION FOR ASSESSMENT, EVALUATION, AND

CRISIS INTERVENTION OR PLACEMENT FOR

EVALUATION AND TREATMENT

REFERENCES AND DEFINITIONS

“Gravely Disabled” means a condition in which a person, as a result of a mental disorder, is unable to provide for his or her basic personal

needs for food, clothing and shelter. SECTION 5008(h) W&I Code

“Gravely Disabled Minor” means a minor who, as a result of a mental disorder, is unable to use the elements of life which are essential to

health, safety, and development, including food, clothing, and shelter, even though provided to the minor by others. Intellectual disability,

epilepsy, or other developmental disabilities, alcoholism, other drug abuse, or repeated antisocial behavior do not, by themselves, constitute a

mental disorder. SECTION 5585.25 W&I Code

“Peace Officer” means a duly sworn peace officer as that term is defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of

the Penal Code who has completed the basic training course established by the Commission on Peace Officer Standards and Training, or any

parole officer or probation officer specified in Section 830.5 of the Penal Code when acting in relation to cases for which he or she has a

legally mandated responsibility. SECTION 5008 (i) W&I Code

Section 5152.1 W&I Code

The professional person in charge of the facility providing 72-hour evaluation and treatment, or his or her designee, shall notify the county

mental health director or the director’s designee and the peace officer who makes the written application pursuant to Section 5150 or a person

who is designated by the law enforcement agency that employs the peace officer, when the person has been released after 72-hour detention,

when the person is not detained, or when the person is released before the full period of allowable 72-hour detention if all of the conditions

apply:

(a) The peace officer requests such notification at the time he or she makes the application and the peace officer certifies at that time in

writing that the person has been referred to the facility under circumstances which, based upon an allegation of facts regarding

actions witnessed by the officer or another person, would support the filing of a criminal complaint.

(b) The notice is limited to the person’s name, address, date of admission for 72-hour evaluation and treatment, and date of release.

If a police officer, law enforcement agency, or designee of the law enforcement agency, possesses any record of information obtained pursuant

to the notification requirements of this section, the officer, agency, or designee shall destroy that record two years after the receipt of

notification.

Section 5152.2 W&I Code

Each law enforcement agency within a county shall arrange with the county mental health director a method for giving prompt notification to

peace officers pursuant to Section 5152.1 W&I Code.

Section 5585.50 W&I Code

The facility shall make every effort to notify the minor’s parent or legal guardian as soon as possible after the minor is detained. Section

5585.50 W&I Code.

A minor under the jurisdiction of the Juvenile Court under Section 300 W&I Code, is due to abuse, neglect or exploitation.

A minor under the jurisdiction of the Juvenile Court under Section 601 W&I Code is due to being adjudged a ward of the court as a result of

being out of parental control.

A minor under the jurisdiction of the Juvenile Court under Section 602 W&I Code is due to being adjudged a ward of the court because of

crimes committed.

Section 8102 W&I Code (EXCERPTS FROM)

(a) Whenever a person who has been detained or apprehended for examination of his or her mental condition or who is a person desc ribed in

Section 8100 or 8103, is found to own, have in his or her possession or under his or her control, any firearm whatsoever, or any other deadly

weapon, the firearm or other deadly weapon shall be confiscated by any law enforcement agency or peace officer, who shall retain custody of

the firearm or other deadly weapon.

“Deadly weapon,” as used in this section, has the meaning prescribed by Section 8100.

(b)(1) Upon confiscation of any firearm or other deadly weapon from a person who has been detained or apprehended for examination of his or

her mental condition, the peace officer or law enforcement agency shall issue a receipt describing the deadly weapon or any firearm and listing

any serial number or other identification on the firearm and shall notify the person of the procedure for the return, sale, transfer, or destruction

of any firearm or other deadly weapon which has been confiscated. A peace officer or law enforcement agency that provides the receipt and

notification described in Section 33800 of the Penal Code satisfies the receipt and notice requirements.

(2) If the person is released, the professional person in charge of the facility, or his or her designee, shall notify the person of the procedure for

the return of any firearm or other deadly weapon which may have been confiscated.

(3) Health facility personnel shall notify the confiscating law enforcement agency upon release of the detained person, and shall make a

notation to the effect that the facility provided the required notice to the person regarding the procedure to obtain return of any confiscated

firearm.

Health and Safety Code 1799.111 (d)

A person detained under this section in a medical emergency room shall be credited for the time detained, up to twenty-four hours, in the event

he or she is placed on a 72-hour hold pursuant to Section 5150 of the Welfare and Institutions Code.

MH 302 NCR (7/16/14)

Reference: DHCS 1801 (04/2014)

Page 2 of 2

Form Mh 302 Ncr - Application For Assessment And Evaluation Page 2

Related Articles

Related forms

Related Categories