Lanterman-Petris-Lanterman-Petris-ShortShortandand

LantermanLantermanComparisons and ContrastsComparisons and Contrasts

Making the Systems WorkMaking the Systems Work

Legislative Intent Legislative Intent

LPSLPS: End inappropriate, indefinite, and : End inappropriate, indefinite, and involuntary commitment of mentally involuntary commitment of mentally disordered persons, developmentally disordered persons, developmentally disabled persons, and eliminate legal disabled persons, and eliminate legal disabilities (Added by Stats.1967, disabilities (Added by Stats.1967, operative July 1, 1969)operative July 1, 1969)

LantermanLanterman: Clarify role of consumers : Clarify role of consumers and families in determining service and families in determining service needs and describe service options needs and describe service options pursuant to IPP (Division 4.5 added by pursuant to IPP (Division 4.5 added by Stats.1977, operative July 1, 1978)Stats.1977, operative July 1, 1978)

RightsRights

LPS 5600.2LPS 5600.2 Persons with mental disabilities retain Persons with mental disabilities retain all the rights, privileges, opportunities, and all the rights, privileges, opportunities, and responsibilities of other citizens unless specifically responsibilities of other citizens unless specifically limited by federal or state law or regulations. limited by federal or state law or regulations.

Lanterman 4502Lanterman 4502 Persons with developmental Persons with developmental disabilities have the same legal rights and disabilities have the same legal rights and responsibilities guaranteed all other individuals by responsibilities guaranteed all other individuals by the United States Constitution and laws and the the United States Constitution and laws and the Constitution and laws of the State of California.Constitution and laws of the State of California.

LPS 5325.1LPS 5325.1Lanterman 4502(a)Lanterman 4502(a)

Treatment services which promote the potential to Treatment services which promote the potential to function independently/Treatment and habilitation in the function independently/Treatment and habilitation in the least restrictive environmentleast restrictive environment

Shall protect the personal liberty of the individualShall protect the personal liberty of the individual Right to dignity, privacy, humane careRight to dignity, privacy, humane care Religious freedom and practiceReligious freedom and practice Social interaction/community activitiesSocial interaction/community activities Physical exercise/recreational opportunitiesPhysical exercise/recreational opportunities Freedom from harm, unnecessary physical restraint, Freedom from harm, unnecessary physical restraint,

isolation, excessive medication, abuse, neglectisolation, excessive medication, abuse, neglect Freedom from hazardous procedures.Freedom from hazardous procedures.

LPS 5325 & 5327 LPS 5325 & 5327 Lanterman 4503Lanterman 4503

Clothes, personal possessions, toilet articles, Clothes, personal possessions, toilet articles, moneymoney

Storage space for private useStorage space for private use Visitors each dayVisitors each day Access to telephonesAccess to telephones Letterwriting materialLetterwriting material *Plus 5170.5 immediate right (no more than 3 *Plus 5170.5 immediate right (no more than 3

hours) to 2 phone calls at his own expense or hours) to 2 phone calls at his own expense or free local toll free or collect calls free local toll free or collect calls

Minors with Dual Minors with Dual DiagnosisDiagnosis

Under 18/not conservedUnder 18/not conserved Developmental disability/mental healthDevelopmental disability/mental health Residing at Fred FinchResiding at Fred Finch Ran away from the house/into the freewayRan away from the house/into the freeway Threw rocks and bottlesThrew rocks and bottles Tennis shoes taken awayTennis shoes taken away Need to engage in safe behaviors for extended Need to engage in safe behaviors for extended

period of time and work toward Level Iperiod of time and work toward Level I

Denial of RightsDenial of Rights

LPS 5326LPS 5326 Rights may be denied Rights may be denied for good cause—defined by for good cause—defined by regulationregulation

Lanterman 4504Lanterman 4504 Rights may be Rights may be denied for good cause—defined denied for good cause—defined by regulationby regulation

CCR Title 9 and Title 17CCR Title 9 and Title 17Good CauseGood Cause

The exercise of the specific right would be The exercise of the specific right would be injurious to the patient;injurious to the patient;

oror There is evidence that the specific right, if There is evidence that the specific right, if

exercised, would seriously infringe on the exercised, would seriously infringe on the rights of others; rights of others;

oror The institution or facility would suffer serious The institution or facility would suffer serious

damage if the specific right is notdamage if the specific right is not denied.denied.

Right to RefuseRight to Refuse

LPS 5325LPS 5325

--convulsive treatment including ECT and insulin coma--convulsive treatment including ECT and insulin coma

--psychosurgery--psychosurgery

Lanterman 4503 (f-h)Lanterman 4503 (f-h)

--electroconvulsive therapy--electroconvulsive therapy

--behavior modification techniques/pain or trauma--behavior modification techniques/pain or trauma

--psychosurgery--psychosurgery

Consent to TreatmentConsent to Treatment

LPSLPS

5152(c) written and oral information on effects of 5152(c) written and oral information on effects of medicationmedication

5326.5 written informed consent5326.5 written informed consent

5332 antipsychotics unless finding of incapacity or 5332 antipsychotics unless finding of incapacity or emergency emergency

Consent, cont.Consent, cont. Lanterman 4655Lanterman 4655 Director of regional center or designee Director of regional center or designee

may give consent to medical, dental, or surgical treatment may give consent to medical, dental, or surgical treatment and provide for such treatment if: and provide for such treatment if:

a) the person’s parent, guardian, or conservator does not a) the person’s parent, guardian, or conservator does not respond within a reasonable time to the request; respond within a reasonable time to the request;

b) if the person has no parent, guardian, or b) if the person has no parent, guardian, or conservator/director may initiate guardianship or conservator/director may initiate guardianship or conservatorship proceedings; conservatorship proceedings;

c) if person is adult and has no conservator, consent by c) if person is adult and has no conservator, consent by someone else only if person is “mentally incapable of someone else only if person is “mentally incapable of giving his own consent.”giving his own consent.”

Confidential InformationConfidential Information

LPS 5328LPS 5328 Confidential Information and Records: Confidential Information and Records: All information and records obtained in the course All information and records obtained in the course of providing services to either voluntary or of providing services to either voluntary or involuntary recipients of services shall be involuntary recipients of services shall be confidential. confidential.

Lanterman 4514Lanterman 4514 Confidential Information and Confidential Information and Records: All information and records obtained in Records: All information and records obtained in the course of providing intake, assessment, and the course of providing intake, assessment, and services to persons with developmental disabilities services to persons with developmental disabilities shall be confidential.shall be confidential.

Adult Client/Dual Adult Client/Dual DiagnosisDiagnosis

Picked up by police at group home Picked up by police at group home after breaking windowafter breaking window

Placement funded by regional Placement funded by regional centercenter

Admitted to LPS facility on 5150Admitted to LPS facility on 5150 Facility staff disclosed prior Facility staff disclosed prior

history to policehistory to police What are client’s potential What are client’s potential

remedies??remedies??

Action for DamagesAction for DamagesWillful Knowing Release Willful Knowing Release

LPS 5330LPS 5330 Greater of the following amounts: Greater of the following amounts:--Ten thousand dollars or--Ten thousand dollars or

--Three times the amount of actual damages--Three times the amount of actual damages

Lanterman 4518Lanterman 4518 Greater of the following Greater of the following

amounts:amounts:--Five hundred dollars--Five hundred dollars

--Three times the amount of actual damages--Three times the amount of actual damages

Dual ResponsibilitiesDual Responsibilities LPS 5600.2(e)LPS 5600.2(e) Mental health should address the Mental health should address the

special needs of children and youth, adults, and special needs of children and youth, adults, and older adults with dual and multiple disabilitiesolder adults with dual and multiple disabilities

Lanterman 4510Lanterman 4510 DDS and DMH shall jointly DDS and DMH shall jointly develop and implement a statewide program for develop and implement a statewide program for encouraging the establishment of sufficient encouraging the establishment of sufficient numbers and types of living arrangements, both in numbers and types of living arrangements, both in communities and state hospitals, as necessary to communities and state hospitals, as necessary to meet the needs of persons served by those meet the needs of persons served by those departmentsdepartments

Legislative MandateLegislative Mandate

4696.14696.1 Legislature finds and Legislature finds and declares that improved declares that improved cooperative efforts between cooperative efforts between regional centers and county regional centers and county mental health are necessarymental health are necessary

Each regional center and county Each regional center and county mental health agency shall mental health agency shall develop a memorandum of develop a memorandum of understanding understanding

Disputed Cases (Michael A Disputed Cases (Michael A v. SARC)v. SARC)

Premature birth with subsequent heart Premature birth with subsequent heart surgeriessurgeries

ADHD-learning disabilities-organic deficitsADHD-learning disabilities-organic deficits 55thth grade/Santa Clara County Mental Health grade/Santa Clara County Mental Health 66thth grade-SED-1:1 aide grade-SED-1:1 aide FS IQ 90 with deficits in adaptive functioningFS IQ 90 with deficits in adaptive functioning Organic brain syndrome secondary to cardiac Organic brain syndrome secondary to cardiac

surgery and brain injurysurgery and brain injury 55thth category eligibility for regional center category eligibility for regional center

Disputed Cases (JB v. Disputed Cases (JB v. NBRC)NBRC)

Born 1946—age 54Born 1946—age 54 1954 admission LPNI1954 admission LPNI 1960 Napa State Hospital1960 Napa State Hospital SchizophreniaSchizophrenia 1970 D/C NSH/homeless1970 D/C NSH/homeless 35 acute admissions; LPS 35 acute admissions; LPS

conservatorship at time of conservatorship at time of hearinghearing

Disputed Cases (AR v. Disputed Cases (AR v. SARC)SARC)

Head Start age 5 and special Head Start age 5 and special education first gradeeducation first grade

Dysthymic disorder, Dysthymic disorder, schizophreniform disorder, schizophreniform disorder, amphetamine dependence, amphetamine dependence, schizoaffective disorderschizoaffective disorder

21 years old21 years old NSH 1026 commitmentNSH 1026 commitment

Special EducationSpecial Education

W & I 5600.3(a)(2)(C)W & I 5600.3(a)(2)(C) Minors Minors who meet special education who meet special education eligibility requirementseligibility requirements

Lanterman 4501.5Lanterman 4501.5 DDS shall DDS shall insure that appropriate special insure that appropriate special education and related services education and related services are provided eligible individuals are provided eligible individuals with exceptional needswith exceptional needs

Special Education/Related Special Education/Related ServicesServices

AG v. San Francisco Unified School AG v. San Francisco Unified School DistrictDistrict

Epilepsy, chromosome 5 inversion, Epilepsy, chromosome 5 inversion, microcephaly, global delay in microcephaly, global delay in cognitive, language, and fine and cognitive, language, and fine and gross motor developmentgross motor development

VNS/DiastatVNS/Diastat District refused to administer District refused to administer

medication ordered by client’s medication ordered by client’s physiciansphysicians

Federal/State AuthorityFederal/State Authority Individuals with Disabilities Education Act.Individuals with Disabilities Education Act.

--Students have the right to a free appropriate --Students have the right to a free appropriate public educationpublic education--Special education is specially designed education, --Special education is specially designed education, at no cost to parents, to meet the unique needs of at no cost to parents, to meet the unique needs of the studentthe student--Related services means transportation and other --Related services means transportation and other developmental, corrective, and supportive services developmental, corrective, and supportive services that may be required to assist the child to benefit that may be required to assist the child to benefit from special educationfrom special education

California Education Code.California Education Code.

U.S. Supreme CourtU.S. Supreme Court

Irving v. Tatro, 468 U.S. 883 (1984).Irving v. Tatro, 468 U.S. 883 (1984). Court determined that any service that Court determined that any service that could properly be termed a “related could properly be termed a “related service” and could not be termed service” and could not be termed “medical service” was the responsibility “medical service” was the responsibility of a school district. “Bright line” test.of a school district. “Bright line” test.

Cedar Rapids Community School District Cedar Rapids Community School District v. Garret F., 526 U.S. 66 (1999).v. Garret F., 526 U.S. 66 (1999). Reaffirmed the “bright line” test of Reaffirmed the “bright line” test of TatroTatro. . Only medical services must be performed Only medical services must be performed by physician; all others by school district. by physician; all others by school district.

CommitmentCommitment

Lanterman 4507Lanterman 4507 Developmental Developmental disability alone shall not disability alone shall not constitute sufficient justification constitute sufficient justification for judicial commitment. Persons for judicial commitment. Persons who constitute a danger to who constitute a danger to themselves or others may be themselves or others may be judicially committed if evidence judicially committed if evidence of such danger is proven in of such danger is proven in court.court.

QuestionsQuestions

EvaluationsEvaluations

CLE CertificatesCLE Certificates