Transcript Lanterman-Petris-Short and Lanterman

Lanterman-Petris-Short
and
Lanterman
Comparisons and Contrasts
Making the Systems Work
Legislative Intent
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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)
Rights
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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.
LPS 5325.1
Lanterman 4502(a)
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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.
LPS 5325 & 5327
Lanterman 4503
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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
Minors with Dual Diagnosis
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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
Denial of Rights
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LPS 5326 Rights may be denied for good
cause—defined by regulation
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Lanterman 4504 Rights may be denied for
good cause—defined by regulation
CCR Title 9 and Title 17
Good Cause
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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.
Right to Refuse
LPS 5325
--convulsive treatment including ECT and insulin coma
--psychosurgery
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Lanterman 4503 (f-h)
--electroconvulsive therapy
--behavior modification techniques/pain or trauma
--psychosurgery
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Consent to Treatment
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LPS
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5152(c) written and oral information on effects of
medication
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5326.5 written informed consent
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5332 antipsychotics unless finding of incapacity or
emergency
Consent, cont.
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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 person’s 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.”
Confidential Information
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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.
Adult Client/Dual Diagnosis
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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 client’s potential remedies??
Action for Damages
Willful 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
Dual Responsibilities
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LPS 5600.2(e) Mental health should address the
special needs of children and youth, adults, and
older adults with dual and multiple disabilities
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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
Legislative Mandate
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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
Disputed Cases (Michael A v. SARC)
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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
Disputed Cases (JB v. NBRC)
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Born 1946—age 54
1954 admission LPNI
1960 Napa State Hospital
Schizophrenia
1970 D/C NSH/homeless
35 acute admissions; LPS conservatorship at
time of hearing
Disputed Cases (AR v. SARC)
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Head Start age 5 and special education first
grade
Dysthymic disorder, schizophreniform
disorder, amphetamine dependence,
schizoaffective disorder
21 years old
NSH 1026 commitment
Special Education
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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
Special Education/Related Services
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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 client’s physicians
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.
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U.S. Supreme Court
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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.
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.
Questions
Evaluations
CLE Certificates