Mental Health
Disclaimer: These materials are based on the law at the time we write them. We try to update our materials; however, laws are regularly changing. If you want to make sure the law has not changed, contact us or another legal source.
Self Advocacy for Incompetent to Stand Trial Commitment
This pub tells you about your rights when you are “incompetent to stand trial.” “Incompetent to stand trial” means you cannot understand the legal proceedings or help your lawyer. It tells you how long you will have to stay in a hospital. It tells you how often the court reviews your case. This pub helps you advocate for yourself.
Petition for a State Writ of Habeas Corpus - Criminal Convictions and Detention Facilities
This pub gives you information and sample forms to file a “Petition for Writ of Habeas Corpus” in a California state court. This is a fast and easy way to get a judge to decide on your rights in a jail or prison. You can also use it to ask the court to release you.
Understanding the Lanterman-Petris-Short (LPS) Act
This pub tells you about “Lanterman-Petris Short Act” or LPS commitments. LPS is for people who are gravely disabled and have a mental disorder. This pub tells you about your rights. It tells you what a court does. It is a guide for patients, advocates and lawyers.
Refusing Medication under Incompetent to Stand Trial Commitment
This pub is about people who are “incompetent to stand trial.” “Incompetent to stand trial” means you cannot understand the legal proceedings or help your lawyer. This pub tells you when a court can force you to take medication. It tells you about the court process. It tells you how often a court reviews a decision to force you to take medication.
Self Advocacy for Conditional Release Program (CONREP)
This pub is about CONREP. That stands for “Forensic Conditional Release Program.” It is a community program for people charged with a felony and committed to a state hospital. The pub tells you how to get into the program. It tells you about your rights while in the program.
County Mental Health Plan (MHP) Grievances, Appeals, and Fair Hearings
Each county has a County Mental Health Plan. The plans give you mental health services. Some plans arrange and pay for services through other providers. This pub tells you what to do if you are not happy with the services or a plan does not give you or stops the services you need.
Rights in Adult Residential Facilities
This pub tells you about your rights when you live in a board and care home. It tells you about eviction rights. It tells you what to do if you think a board and care violated your rights.
Advance Health Care Directives
This pub tells you about advance directives for health care. You decide what to do about your health care before you cannot make your own decisions. You can say whom you want to make decisions for you. It is binding on health care workers.
Your Rights in Residential Care Facilities
This pub tells you about your rights in a “board and care.” It tells you what to do if you think the “board and care” violated your rights. It tells you about your evictions rights. It tells you what to do if you get an eviction notice from your “board and care.”
Access to the Courts for Persons Subject to LPS Commitments
This handout outlines the methods of obtaining access to the courts for persons subject to mental health commitments under the Lanterman-PetrisShort (LPS) Act.
Consent Rights of Psychiatric Patients on Long-Term Commitments
This pub is for people on a Lanterman-Petris-Short (LPS) Act hold. It tells you about your right to consent to medication. In an emergency, someone else decides if you have to take medication. When a court decides you are not able to consent, someone else decides for you. This pub tells you about the law.
Not Guilty by Reason of Insanity (NGRI) and Restoration of Sanity
This pub tells you about “not guilty by reason of insanity.” “Not guilty by reason of insanity” means you did not know or understand your actions when you committed a crime. It also can mean you could not tell right from wrong when you committed a crime. This pub tells you where you will live until your sanity is “restored.” It tells you about your rights.
Individual Mental Health Rehabilitation Services
This pub describes “Individual Mental Health Rehabilitation Services.” You can get them from Medi-Cal. They help you move out of a facility into the community. They can help you stay in the community. It tells you what to do if you cannot get a service you need.
Your Right to Receive Mental Health Services in the Language You Understand
This pub describes your right to have mental health services in the language you understand. It tells you how to get an interpreter and get your records translated. It tells you what to do if you cannot get an interpreter or translation.
LPS Conservatorship Courtroom Handbook
This pub tells you about the process for a “Lanterman-Petris Short Act” or LPS hearing. This type of hearing decides whether you are gravely disabled and have a mental disorder. The pub helps you understand what happens in the courtroom. It tells you what to do if you lose your hearing.
Fact Sheet: How Medicaid/Medi-Cal Affects People with Mental Health Disabilities
This pub tells you about funding for mental health services. It tells you where the money comes from. It tells you about the services you can get.
Incompetent to Stand Trial (IST)
This pub tells you about your rights when you are “incompetent to stand trial.” “Incompetent to stand trial” means you cannot understand the legal proceedings or help your lawyer. It tells you how long you will have to stay in a hospital. It tells you how often the court reviews your case.
Specialty Mental Health Services through a County Mental Health Plan (MHP)
You can get mental health services through Medi-Cal. You can get them through fee-for-service or managed care plans. In addition, you can get Medi-Cal mental health services through county mental health plans. This pub tells you about county mental health plan services.
Forensic Mental Health Legal Issues
We call people with mental health disabilities in the criminal justice system the forensic mental health population. Sometimes we treat them like civilly committed people. At other times like criminals. This publication tells you about the five main types of forensic commitments. It tells you about your rights. It is a guide for patients, advocates and lawyers.
Electroconvulsive Treatment (ECT)
This pub tells you about electroconvulsive treatment or ECT. The pub tells you what ECT is. It tells you when it is given and what your rights are to refuse it.
Handbook for Challenging Mental Health Conservatorships
This pub tells you about year-long mental health conservatorships. It tells you how to challenge conservatorships in court. It has frequently asked questions. It has sample court papers.
Summaries of Assisted Outpatient Treatment (AOT) Procedures & Services
Assisted Outpatient Treatment is court-ordered. A court can order a person with a serious mental health disability to follow a treatment plan. A person follows the plan in the community. This pub tells you all about Assisted Outpatient Treatment. It tells you how it works.
Confidentiality of Mental Health Records/Information
This pub tells you about your right to keep your mental health records private. Others cannot see your records without your consent. There are times when others can see your records without your consent. This pub tells you about those times. It tells you whom to contact if you have questions about your rights.
Advance Health Care Directives for Mental Health Care - A Trainer's Manual
This pub is for people who want to help others write advance directives for health care. It tells you how to help them. With an advance directive, a person can decide what to do about health care before they cannot make their own decisions. It is binding on health care workers.
Petitions for Restoration of Sanity
“Not guilty by reason of insanity” means you did not know or understand your actions when you committed a crime. It also can mean you could not tell right from wrong when you committed a crime. This pub tells you about “restoration of sanity” hearings. It gives you sample papers to help you in court.
Voluntary Services as Alternative to Involuntary Detention under LPS Act
This pub tells you about different ways to end the involuntary commitment of people with mental health disabilities. You have a right to learn about voluntary services in the community. This pub tells you about them. You have a right to see if these services can work for you. It tells you what to do if you have trouble getting them.
New Procedures for Involuntary Medication of Individuals under an Incompetent to Stand Trial Commitment - AB 366
This pub is about people who are “incompetent to stand trial.” “Incompetent to stand trial” means you cannot understand the legal proceedings or help your lawyer. This pub tells you when a court can force you to take medication. It tells you about the court process. It tells you how to appeal.
Peer Training Manual: How to Avoid Seclusion & Restraint
This pub gives ideas to prevent or reduce the use of “seclusion and restraint.” Often facility staff use them to control resident behavior. This pub reviews your rights. It explains seclusion and restraint. It helps you identify your triggers and gives you tips to avoid them. It tells you about advance directives and how they can help you.
Advance Directives
An Advance Directive, also known as a Durable Power of Attorney for Healthcare, is a legal document. It allows you to state in advance what you want to do about your health care if you become unable to make your own healthcare decisions.
Home & Community-Based Services for Individuals Subject to Temporary LPS Conservatorship - An Unfulfilled Promise?
This pub tells you about policies county public guardians and conservators use. It tells you about ones used for people on temporary conservatorship under the Lanterman-Petris-Short Act. This is for people with mental health disabilities. The pub looks at assessments. It looks at placing people where they can live as freely as possible. It has ideas to make sure people get help where they live.
LPS Case Summaries
This pub lists short summaries of court cases. The cases are about LPS commitments and conservatorships.
Medi-Cal Mental Health Entitlement!!!
This pub tells you about mental health services you can get. It tells you about services you can get from Medi-Cal. It tells you what to do if you cannot get the service you need.
Petition for a State Writ of Habeas Corpus – Civil and Forensic Commitments
This pub gives you information and sample forms to file a “Petition for Writ of Habeas Corpus” in a California state court. This is a fast and easy way to get a judge to decide on your rights in a state hospital. You can also use it to ask the court to release you.