California Welfare and Institutions Code

§ 5334

WIC § 5334 Effective Jan 1, 2025Div. 5 · Part 1 · Ch. 2 · Art. 7

Statute text

(a)(1) Capacity hearings required by Section 5332 shall be heard within 24 hours of the filing of the petition whenever possible. However, if any party needs additional time to prepare for the hearing, the hearing shall be postponed for 24 hours. In case of hardship, hearings may also be postponed for an additional 24 hours, pursuant to local policy developed by the county mental health director and the presiding judge of the superior court regarding the scheduling of hearings. The policy developed pursuant to this subdivision shall specify procedures for the prompt filing and processing of petitions to ensure that the deadlines set forth in this section are met, and shall take into consideration the availability of advocates and the treatment needs of the patient. In no event shall hearings be held beyond 72 hours of the filing of the petition. The person who is the subject of the petition and the person’s advocate or counsel shall receive a copy of the petition at the time it is filed.

(2)(A) Under exigent circumstances, upon the filing of a petition for a hearing to determine a person’s capacity to refuse treatment with antipsychotic medication and an attestation of exigent circumstances being documented in a person’s medical record pursuant to subdivision (b) of Section 5336, a hearing shall be held to determine the person’s capacity to refuse treatment with antipsychotic medication on an expedited basis and as soon as reasonably practicable.

(B)This paragraph shall be inoperative on January 1, 2030.

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Legislative history

Amended by Stats. 2024, Ch. 643, Sec. 3. (SB 1184) Effective January 1, 2025.