Lanterman-Petris-Short Act

Lanterman-Petris-Short Act

The Lanterman-Petris-Short Act, often abbreviated LPS, ( [http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=wic Cal. Welf & Inst. Code,] sec. 5000 et seq.) concerns the involuntary civil commitment to a mental health institution in the State of California. The act set the precedent for modern mental health commitment procedures in the United States. It was co-authored by California State Assemblyman Frank Lanterman (R) and California State Senators Nicholas C. Petris (D) and Alan Short (D), and signed into law in 1967 by Governor Ronald Reagan. The Act went into full effect on July 1, 1972. It cited seven articles of intent:

:*To end the inappropriate, indefinite, and involuntary commitment of mentally disordered persons, people with developmental disabilities, and persons impaired by chronic alcoholism, and to eliminate legal disabilities;

:*To provide prompt evaluation and treatment of persons with serious mental disorders or impaired by chronic alcoholism;

:*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.

The Act in effect ended all hospital commitments by the judiciary system, except in the case of criminal sentencing (e.g. convicted sexual offenders) and those who were "gravely disabled" defined as unable to obtain food, clothing, or housing ["Conservatorship of Susan T.", 8 Cal. 4th 1005 (1994)] . It did not, however, impede the right of voluntary commitments. It expanded the evaluative power of psychiatrists and created provisions and criteria for holds.

Sections of LPS law

There are many sections and subsections of the LPS law. Some are commonly used in mental health setting. The full law can be viewed here: http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=wic&codebody=&hits=20

5150

Initial involuntary 72-hour hold.

5250

Additional 14-day hold.

Temporary conservatorship

30-day hold for grave disability, begun near the end of the 5250

Permanent conservatorship

1 year hold for grave disability

See also

* California Mental Health Services Act
* Lanterman Developmental Disabilities Act
* 5150 (Involuntary psychiatric hold)

External links

* [http://www.lasuperiorcourt.org/mentalhealth/pdf/lps-holds-chart.pdf LASuperiorCourt.org (pdf)] - 'LPS Holds Chart', Los Angeles County Superior Court


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