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Lanterman-Petris-Short (#LPS)
Conservatorships

 

LPS conservatorships are used to care for adults with serious mental health illnesses who need special care.

These conservatorships are used for people who usually need very restrictive living arrangements (like living in locked facilities) and require extensive mental health treatment (like very powerful drugs to control behavior). ^{Welfare & Institutions Code 5000-et seq}

Conservatees in LPS conservatorships cannot or will not agree to the special living arrangements or treatment on their own.  LPS conservatorships must be started by a local government agency. ^{courts.ca.gov}

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 ^{CA Jury Instruction 2002} * ^{psycheteria.org} *  ^{[Conservatorship of Susan T.]}. It did not, however, impede the right of voluntary commitments. It expanded the evaluative power of psychiatrists and created provisions and criteria for holds. ^{Wiki Pedia}

#Gravely Disabled

What exactly is it?

Definition? Criteria?

 

The statutory definition of commitment for grave disability is:

• “a condition in which a person, as a result of a mental disorder, is unable to provide for his basic personal needs, for food, clothing, or shelter.’  ^{CAL. WELl. & INST. CODE § 5008(h)  5250}
• “a finding of imminent danger as evidenced by a recent overt act, attempt or threat,”  ^{CA Civil Jury Instructions 4002 *  Capacity Declaration GC 335 *   Grave Disability Includes Financial & Health Issues}

Be sure to check out our main page on Conservatorship for an introduction

Grave disability

The LPS Lanterman Petris Short act, defines grave disability is defined with three seemingly simple reasons – criteria:

Need for food

• Cannot distinguish between food and non food
• Endangers health by gross negligence in needed diet and nutrition
• Begging or stealing food
• Eating out of refuse or garbage cans
• Ordering meals at restaurants without having funds
• Demonstrates excessive and consistent food preferences or aversions which endanger health (except for genuine religious reasons)
• Having spoiled food in refrigerator or no food for a lengthy period of time in the house

Need for clothing

• Engaging in public nudity or “unthinking” exhibitionism
• Engaging in bizarre style of dressing that does would be apt to lead to social difficulties (if not used by social group or personal preferences)
• Wearing filthy or soiled clothes with lack of recognition of personal hygiene problem
• Wearing disheveled clothes for prolonged period of time

Need for shelter

• Leading a nomadic existence with an inability to establish stable community living, including living in the streets or other public places
• Unable to locate housing and make the appropriate arrangements with an inability to ask for or accept assistance in doing so
• Unable to manage his or her household in such a way as to avoid clear dangers to health
• Presence in household of filthy conditions) fire hazards that the person cannot correct, vermin infestations, and lack of bathing and toilet facilities
• Resists leaving residence even if evicted or the residence is sold
• Hoarding nonsensical items while misplacing necessary items

Financial incompetence

• Unable to earn an income and unable to avail himself of financial assistance from public or private agencies
• Completely dependent on family or friends to provide financial assistance for basic personal needs
• Has funds but no longer knows or understands the location and/or extent of them
• Refusing to expend funds to the extent of endangering personal health and/or safety
• Has no funds and does not see this as a problem
• Grossly and inappropriately expends funds needed for basic personal needs
• Has untrue beliefs as to having extensive money or property
• Mismanages funds so that rent and utility bills remain unpaid
• Unable to accept inability or loss of ability to understand complex financial matters leaving him vulnerable to manipulation by unscrupulous individuals

Incompetence in regard to health

• Unable or unwilling to follow medical instruction regarding treatment and self care which are essential to health
• Loss of weight or other evidence of malnutrition due to not eating or lack of proper food
• Wanders away from residence and becomes lost frequently without recognition of the seriousness of the problem
• Failure to adjust in the community
• Involved in frequent confrontations with family members or neighbors involving abusive, threatening, or assaultive behavior
• Engages frequently in disruptive, destructive acts in the home or neighborhood, possibly leading to threatened or actual eviction
• Engages in bizarre or other behavior which may be self-endangering and/or a threat to others requiring police intervention  ^{Jewish Family Service Summary}

Though these criteria may seem simple, they aren’t. For example, just because someone is mentally ill and homeless does not mean that they are gravely disabled. If they can provide a reasonable, executable plan for where they would stay or if they are stable being homeless, then they do not meet LPS criteria. If, on the other hand, they are homeless in a location in which their life or health is often in jeopardy and, as a result of mental illness, they do not comprehend this, then they likely are gravely disabled.

These issues achieve marked salience in hearings for 5250‘s in which the argument is made that someone is gravely disabled. It is often helpful to identify which underlying issues lead you to the conclusion rather than requiring the hearing officer to identify the issues. If someone is gravely disabled for an extended period of time, they can be placed on an LPS conservatorship. Note, however, that there are So, below are examples of states or conditions that have been upheld as evidence of grave disability. Note that they extend beyond a simplistic definition relating to food, clothing, and shelter. That is, there are a variety of ways one can demonstrate incompetence in these areas.

***********

the Court, in Addington v. Texas,  held that the need for civil commitment must be provided by clear and convincing evidence. In the Lanterman-Petris-Short Act (LPS), the legislature opted to reduce long-term confinement of the mentally ill. “habeas corpus”  meaning literally “that you have the body”)^[1] is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, to bring the prisoner to court, to determine whether the detention is lawful.^[2]

Conservatorship of Roulet  –  Proof beyond a reasonable doubt

Parham (Test) v J.R. 442 US 584  1979 Gravely Disabled vs dangerous to self and others? The court in Doe I held that the grave disability term was sufficiently precise. The court found that grave disability implicitly required a finding of harm to oneself, i.e. an inability to provide for one’s basic physical needs, and therefore met the constitutional requirement of dangerousness. The right to choose and practice a particular life style is protected by the first amendment rights of association, assembly, and free expression  Law.SCU.Edu  Written 1.1982 *

Case Law
if nothing else, the background information is an interesting story.

• Kanuri Surgury QAWI, on Habeas Corpus Conservatorship of Carol K. Conservatorship of the Person and Estate of JESSE G HTML
• Conservatorship of Chambers
• Conservatorship of Davis (1981)
• Conservatorship of Smith (1986)
• Conservatorship of K.W.

What is an #FSP?
Full Service Partnership 

 

An FSP is a Full Service Partnership is “the collaborative relationship between the County and the client, and when appropriate the client’s family, through which the County plans for and provides the full spectrum of community services so that the client can achieve the identified goals.”

• dmhoma.pbworks.com/FSPGUIDELINES
• dmh.lacounty.gov/fsp/

Adult Full Service Partnership (FSP) programs are:

designed for adults ages 26-59 who have been diagnosed with a severe mental illness and would benefit from an intensive service program. The foundation of Full Service Partnerships is doing “whatever it takes” to help individuals on their path to recovery and wellness. Full Service Partnerships embrace client driven services and supports with each client choosing services based on individual needs. Unique to FSP programs are a low staff to client ratio, a 24/7 crisis availability and a team approach that is a partnership between mental health staff and consumers.

Adult FSP programs assist with housing, employment and education in addition to providing mental health services and integrated treatment for individuals who have a co-occurring mental health and substance abuse disorder. Services can be provided to individuals in their homes, the community and other locations. Peer and caregiver support groups are available.

• Full Service Partnership (FSP) Brochure
• Full Service Partnerships (FSP) Guidelines
• Adult Referral Form
• lacounty.gov/AdultFSPBrochure
• rand.org/research_briefs
• dmh.lacounty.gov/fsp/ mhala.org/long_beach/village/
• exodusrecovery.com/full-svc-partnership-5/

Psychological Services in Jails & Prisons 

• Federal Bureau of Prisons
  MDC Federal Administrative Facility  Los Angeles
• ACLU Understanding LA County Jails
  ACLU Prisoner Rights
  Prisoners with Children
  Jewish Prisoner Social Services – Aleph Institute
• Jewish Prisoner Services.org
• How to Navigate California County Jails: A Guide for Inmates and Their Loved Ones 

Educational Opportunities for the Incarcerated

• “If we never change criminal thinking, we will never change criminal behavior.”
  You can print out this list of our inmate correspondence courses.
• .Ohio University College for the Incarcerated
• propublica.org/how-to-navigate-california-county-jails-inmates-loved-ones-guide

Medical Services

• ACLU Prisoners Medical Rights pdf
• Cost increase in prisons – Health Care CA Health Line 1.7.2016
• Twin Towers Los Angeles County
• Latest Information on Prisoner Status
  Mail Regulations
  Inmate Medication Form
  Mental Illness Information
• More Mentally Ill in Jails than Hospitals E. Fuller Torrey MD 22 pages pdf
• Jail not the place for the mentally ill aclu socal.org
• treatment advocacy center.org
• “Do no harm” or “Do no expense”?
• International Law and Prisoner Health
• Severe Mental Illness  AB 88 California
• Psychology Online
• Forensic Psychiciatry Web Site – Dr. Reid
• comprehensive guide to forensic psychiatry
• the U.S. Supreme Court ruled in Estelle v. Gamble [Wikipedia] that ignoring a prisoner’s serious medical needs can amount to cruel and unusual punishment, noting that “[a]n inmate must rely on prison authorities to treat his medical needs; if the authorities fail to do so, those needs ACLU
• nami illinois.org/when person with mental illness goes to prison 60 page pdf
• Treatment, not Jail
• Jailing People with Mental Illness
• Publications
  • Jails and the Mentally Ill Issues & Analysis
  • NAMI Guide to Mental Illness and the Criminal Justice System
  • Criminalizing the Seriously Mentally Ill

#LAURA ’s Law

Laura’s Law allows courts to order certain historically violent, dangerous, or incarcerated individuals to accept treatment as a condition of living in the community. To be eligible individuals must have a serious mental illness that causes them to be unlikely to survive safely in the community without supervision, and been in a hospital, prison or jail at least twice within the last thirty-six months; or involved in acts, attempts or threats of serious violent behavior toward self or others within the last forty-eight months.

Learn More ==>

• Huffington Post Summary  12.16.2011
• latimes.com/
• en.wikipedia.org
• Los Angeles County Department of Mental Health – Implementation 3 pages
• Outreach & Engagement
• [email protected]  or (213) 738-2440
• LAPD
• Welfare & Institutions Code §5348 et seq
• Court Services for mentally ill who get involved in Criminal Cases – Mental Health Court Linkage Program
• See CARE Proposals