Notwithstanding the general confidentiality protections of Welf. & Inst. Code 5328, when the patient, in the opinion of his or her psychotherapist, presents a serious danger of violence to a reasonably foreseeable victim or victims, then any of the information or records may be released to that person or persons and to law enforcement agencies as the psychotherapist determines is needed for the protection of that person or persons.
In determining whether a person falls under the definition of mental disorder, the court should consider the historical course of the person's disorder including evidence presented by those who have provided mental health services to the patient, the patient's medical records, psychiatric records, or evidence volunteered by family, the patient, or any other person designated by the patient.
The agency responsible for establishing a system to protect and advocate the rights of persons with developmental disabilities shall have access to the records of a person with developmental disabilities who resides in developmental disabilities facility if the agency receives a complaint from the person and obtains consent for such disclosure and the person does not have a legal representative.
If a person is a danger to others or himself or is severely disable due to a mental disorder, a peace officer or other designated person make take such person into custody and place them in a mental health facility for treatment and evaluation if there is probable cause. The facility must require that an application be filled out stating the condition which led to the belief of probable cause.
A person authorized to examine an individual believed to be a danger to himself or others shall consider the history and possible prognosis for the individual in determining whether the individual should be involuntarily committed.
The peace officer transporting a person to a mental health facility for assessment shall complete documentation of the circumstances and observations constituting probable cause leading the officer to believe that the person needed psychiatric evaluation.
Before admitting an individual to the facility for 72-hour treatment and evaluation, the person in charge of the facility or other designated person must assess the individual to determine whether involuntary detention is appropriate.
If a psychiatrist and psychologist have both treated a person admitted for 72 hour treatment and evaluation, the person may only be released early if the two mental health professionals consult with each other. In the event of disagreements, the 72 hour hold shall be maintained unless the director of the medical facility overrules the decision in favor of early release.
Persons admitted for 72-hour treatment and evaluation under this article and receiving medication as part of their treatment, shall be given information about the nature of the mental illness or behavior that the medication is being given or recommended for.
The person in charge of the facility shall notify the county mental health director and the detaining peace officer when the individual has been released from 72-hour detention, is not detained, or is release before the 72-hour period has lapsed. Notification should occur only if the peace officer requests it and if the notice is limited to the individual's name, address, date of admission, and release date. Such notification information should be destroyed by the peace officer of the law enforcement agency two years after notification receipt.
