Bills

SB 965: Conservatorships: medical record: hearsay rule.

Session Year: 2021-2022
House: Senate
Latest Version Date: 2022-04-28

Version:

Existing law, the Lanterman-Petris-Short Act, authorizes the appointment of a conservator of the person, of the estate, or of the person and the estate, for a person who is gravely disabled as a result of a mental health disorder or impairment by chronic alcoholism. The act also authorizes the appointment of a conservator, in the County of Los Angeles, the County of San Diego, or the City and County of San Francisco, for a person who is incapable of caring for the persons own health and well-being due to a serious mental illness and substance use disorder.

Existing law establishes the hearsay rule, under which evidence of a statement is generally inadmissible if it was made other than by a witness while testifying at a hearing and is offered to prove the truth of the matter stated. Existing law sets forth exceptions to the hearsay rule to permit the admission of specified kinds of evidence.

Under this bill, for purposes of an expert witness in any proceeding relating to the appointment or reappointment of a conservator pursuant to the above-described provisions, the statements of specified health practitioners or a licensed clinical social worker included in the medical record would not be hearsay. The bill would authorize the court to grant a reasonable continuance if an expert witness in a proceeding relied on the medical record and the medical record has not been provided to the parties or their counsel upon request within a reasonable time before the proceeding.

Existing law, the Lanterman-Petris-Short Act, authorizes a conservator of the person, of the estate, or of the person and the estate to be appointed for a person who is gravely disabled as a result of a mental health disorder or impairment by chronic alcoholism. Existing law requires the officer providing the conservatorship investigation, which may include a public guardian or a county mental health program, to investigate all available alternatives to conservatorship and to recommend conservatorship to the court only if no suitable alternatives are available. Existing law requires the officer to render a written report of investigation to the court prior to the hearing that contains specified information, including all relevant aspects of the persons medical, psychological, financial, family, vocational, and social condition. Existing law authorizes the court to receive the report in evidence and to read and consider the contents of the report in rendering its judgment.This bill would require, rather than authorize, the court to receive the report in evidence and to read and consider the contents of the report in rendering its judgment. The bill would also require the officer, if the officer determines that information about the historical course of the persons mental disorder and adherence to prior treatment plans has a reasonable bearing on the determination as to whether the person is gravely disabled as a result of the mental disorder, to include that information in the report and would require the court to consider the information. By expanding the duties of the county officer providing conservatorship investigation, this bill would impose a state-mandated local program.Existing law establishes the hearsay rule, which provides that evidence of a statement that was made other than by a witness while testifying at a hearing and that is offered to prove the truth of the matter stated, is inadmissible. Existing law provides exceptions to the hearsay rule to permit the admission of specified kinds of evidence, including a social study, as defined, prepared by the petitioning agency to establish jurisdiction in a matter involving the custody, status, or welfare of a minor in a dependency proceeding, as specified.Under this bill, a written report, and the hearsay evidence contained in it, furnished to the court and to all parties or their counsel by the officer conducting the conservatorship investigation or by another specified individual, in a matter involving the status or welfare of a conservatee or proposed conservatee, would be admissible and constitute competent evidence upon which the appointment of conservator may be ordered by the court, as specified. The bill would apply to a conservatorship proceeding described above and to specified conservatorship proceedings in the County of Los Angeles, the County of San Diego, or the City and County of San Francisco for the appointment of a conservator for a person who is incapable of caring for the persons own health and well-being due to a serious mental illness and substance use disorder. The bill would require the preparer of the report to be made available for cross-examination upon a timely request by a party. Under the bill, if a party raises a timely objection to the admission of specific hearsay evidence, the evidence would not be sufficient by itself to support an appointment of a conservator unless the petitioner establishes an exception, including, among other things, that the evidence would be admissible in any civil or criminal proceeding under any exception to the prohibition against hearsay or that the hearsay declarant is available for cross-examination.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

This bill would require, rather than authorize, the court to receive the report in evidence and to read and consider the contents of the report in rendering its judgment. The bill would also require the officer, if the officer determines that information about the historical course of the persons mental disorder and adherence to prior treatment plans has a reasonable bearing on the determination as to whether the person is gravely disabled as a result of the mental disorder, to include that information in the report and would require the court to consider the information.

By information. By expanding the duties of the county officer providing conservatorship investigation, this bill would impose a state-mandated local program.

Existing law establishes the hearsay rule, which provides that evidence of a statement that was made other than by a witness while testifying at a hearing and that is offered to prove the truth of the matter stated, is inadmissible. Existing law provides exceptions to the hearsay rule to permit the admission of specified kinds of evidence, including a social study, as defined, prepared by the petitioning agency to establish jurisdiction in a matter involving the custody, status, or welfare of a minor in a dependency proceeding, as specified.

Under this bill, a written report, and the hearsay evidence contained in it, furnished to the court and to all parties or their counsel by the officer conducting the conservatorship investigation or by another specified individual, in a matter involving the status or welfare of a conservatee or proposed conservatee, would be admissible and constitute competent evidence upon which the appointment of conservator may be ordered by the court, as specified. The bill would apply to a conservatorship proceeding described above and to specified conservatorship proceedings in the County of Los Angeles, the County of San Diego, or the City and County of San Francisco for the appointment of a conservator for a person who is incapable of caring for the persons own health and well-being due to a serious mental illness and substance use disorder. The bill would require the preparer of the report to be made available for cross-examination upon a timely request by a party. Under the bill, if a party raises a timely objection to the admission of specific hearsay evidence, the evidence would not be sufficient by itself to support an appointment of a conservator unless the petitioner establishes an exception, including, among other things, that the evidence would be admissible in any civil or criminal proceeding under any exception to the prohibition against hearsay or that the hearsay declarant is available for cross-examination.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

This bill would make technical, nonsubstantive changes to that provision.

By expanding the duties of the county officer providing conservatorship investigation, this bill would impose a state-mandated local program.

Version:

The people of the State of California do enact as follows:SECTION 1.Section 5122 is added to the Welfare and Institutions Code, to read:5122.

(a)For purposes of an expert witness in any proceeding relating to the appointment or reappointment of a conservator pursuant to Chapter 3 (commencing with Section 5350) or Chapter 5 (commencing with Section 5450), the statements of a health practitioner described in paragraphs (21) to (28), (25), inclusive, of subdivision (a) of Section 11165.7 of the Penal Code, or a social worker licensed pursuant to Chapter 14 (commencing with Section 4991) of Division 2 of the Business and Professions Code, included in the medical record are not hearsay.

(b)Nothing in this section prevents a party from calling as a witness the author of any statement contained in the medical record, whether or not the author was relied on by the expert witness.

(c)The court may grant a reasonable continuance if an expert witness in a proceeding relied on the medical record and the medical record has not been provided to the parties or their counsel upon request within a reasonable time before the proceeding.

The people of the State of California do enact as follows:SECTION 1.Section 5122 is added to the Welfare and Institutions Code, to read:5122.

(a)For purposes of an expert witness in any proceeding relating to the appointment or reappointment of a conservator pursuant to Chapter 3 (commencing with Section 5350) or Chapter 5 (commencing with Section 5450), the statements of a health practitioner described in paragraphs (21) to (28), inclusive, of subdivision (a) of Section 11165.7 of the Penal Code, or a social worker licensed pursuant to Chapter 14 (commencing with Section 4991) of Division 2 of the Business and Professions Code, included in the medical record are not hearsay.

(b)Nothing in this section prevents a party from calling as a witness the author of any statement contained in the medical record, whether or not the author was relied on by the expert witness.

SECTION 1.Section 5122 is added to the Welfare and Institutions Code, to read:5122.(a)For purposes of this section, report means any written report furnished to the court and to all parties or their counsel by the officer conducting conservatorship investigation, the county public guardian or conservator, or any other appointed conservator, in any matter involving the status or welfare of a conservatee or a proposed conservatee in a conservatorship proceeding, including a court or jury trial regarding the initial appointment of a conservator and subsequent proceedings to reestablish conservatorship pursuant to Chapter 3 (commencing with Section 5350) or Chapter 5 (commencing with Section 5450).(b)The report, and any hearsay evidence contained in it, is admissible and constitutes competent evidence upon which the appointment of a conservator pursuant to Section 5350 or 5451 may be ordered by the court, to the extent allowed by subdivisions (e) and (f).(c)The preparer of the report shall be made available for cross-examination upon a timely request by a party. The court may deem the preparer available for cross-examination if it determines that the preparer is on telephone standby and can be present in court within a reasonable time of the request.(d)The court may grant a reasonable continuance upon request by any party if the report is not provided to the parties or their counsel within a reasonable time before the hearing.(e)(1)If a party raises a timely objection to the admission of specific hearsay evidence contained in the report, the specific hearsay evidence shall not be sufficient by itself to support an appointment of a conservator unless the petitioner establishes one or more of the following exceptions:(A)The hearsay evidence would be admissible in any civil or criminal proceeding under any statutory or decisional exception to the prohibition against hearsay.(B)The hearsay declarant is a health practitioner described in paragraphs (21) to (28), inclusive, of subdivision (a) of Section 11165.7 of the Penal Code, or a social worker licensed pursuant to Chapter 14 (commencing with Section 4991) of Division 2 of the Business and Professions Code. For purposes of this subparagraph, evidence in a declaration is admissible only to the extent that it would otherwise be admissible under this section or if the declarant were present and testifying in court.(C)The hearsay declarant is available for cross-examination. For purposes of this section, the court may deem a witness available for cross-examination if it determines that the witness is on telephone standby and can be present in court within a reasonable time of a request to examine the witness.(2)For purposes of this subdivision, an objection is timely if it identifies with reasonable specificity the disputed hearsay evidence and it gives the petitioner a reasonable period of time to meet the objection prior to a contested hearing.(f)This section shall not be construed to limit the right of a party to subpoena a witness whose statement is contained in the report or to introduce admissible evidence relevant to the weight of the hearsay evidence or the credibility of the hearsay declarant.SEC. 2.Section 5354 of the Welfare and Institutions Code is amended to read:5354.(a)The officer providing conservatorship investigation shall investigate all available alternatives to conservatorship and shall recommend conservatorship to the court only if no suitable alternatives are available. The officer shall render to the court a written report of investigation prior to the hearing. The report to the court shall be comprehensive and shall contain all relevant aspects of the persons medical, psychological, financial, family, vocational, and social condition, and information obtained from the persons family members, close friends, social worker, or principal therapist. If the officer determines that information about the historical course of the persons mental disorder and adherence to prior treatment plans has a reasonable bearing on the determination as to whether the person is gravely disabled as a result of the mental disorder, the officer shall include that information in the report and the court shall consider the information. The report shall also contain all available information concerning the persons real and personal property. The facilities providing intensive treatment or comprehensive evaluation shall disclose any records or information which may facilitate the investigation. If the officer providing conservatorship investigation recommends against conservatorship, the officer shall set forth all alternatives available. A copy of the report shall be transmitted to the individual who originally recommended conservatorship, to the person or agency, if any, recommended to serve as conservator, and to the person recommended for conservatorship. The court shall receive the report in evidence and shall read and consider the contents of the report in rendering its judgment.(b)Notwithstanding Section 5328, if a court with jurisdiction over a person in a criminal case orders an evaluation of the persons mental condition pursuant to Section 5200, and that evaluation leads to a conservatorship investigation, the officer providing the conservatorship investigation shall serve a copy of the report required under subdivision (a) upon the defendant or the defendants counsel. Upon the prior written request of the defendant or the defendants counsel, the officer providing the conservatorship investigation shall also submit a copy of the report to the court hearing the criminal case, the district attorney, and the county probation department. The conservatorship investigation report and the information contained in that report, shall be kept confidential and shall not be further disclosed to anyone without the prior written consent of the defendant. After disposition of the criminal case, the court shall place all copies of the report in a sealed file, except as follows:(1)The defendant and the defendants counsel may retain their copy.(2)If the defendant is placed on probation status, the county probation department may retain a copy of the report for the purpose of supervision of the defendant until the probation is terminated, at which time the probation department shall return its copy of the report to the court for placement into the sealed file.SEC. 3.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

The people of the State of California do enact as follows:SECTION 1.Section 5122 is added to the Welfare and Institutions Code, to read:5122.

(a)For purposes of this section, report means any written report furnished to the court and to all parties or their counsel by the officer conducting conservatorship investigation, the county public guardian or conservator, or any other appointed conservator, in any matter involving the status or welfare of a conservatee or a proposed conservatee in a conservatorship proceeding, including a court or jury trial regarding the initial appointment of a conservator and subsequent proceedings to reestablish conservatorship pursuant to Chapter 3 (commencing with Section 5350) or Chapter 5 (commencing with Section 5450).

(b)The report, and any hearsay evidence contained in it, is admissible and constitutes competent evidence upon which the appointment of a conservator pursuant to Section 5350 or 5451 may be ordered by the court, to the extent allowed by subdivisions (e) and (f).

(c)The preparer of the report shall be made available for cross-examination upon a timely request by a party. The court may deem the preparer available for cross-examination if it determines that the preparer is on telephone standby and can be present in court within a reasonable time of the request.

(d)The court may grant a reasonable continuance upon request by any party if the report is not provided to the parties or their counsel within a reasonable time before the hearing.

(e)(1)If a party raises a timely objection to the admission of specific hearsay evidence contained in the report, the specific hearsay evidence shall not be sufficient by itself to support an appointment of a conservator unless the petitioner establishes one or more of the following exceptions:

(A)The hearsay evidence would be admissible in any civil or criminal proceeding under any statutory or decisional exception to the prohibition against hearsay.

(B)The hearsay declarant is a health practitioner described in paragraphs (21) to (28), inclusive, of subdivision (a) of Section 11165.7 of the Penal Code, or a social worker licensed pursuant to Chapter 14 (commencing with Section 4991) of Division 2 of the Business and Professions Code. For purposes of this subparagraph, evidence in a declaration is admissible only to the extent that it would otherwise be admissible under this section or if the declarant were present and testifying in court.

(C)The hearsay declarant is available for cross-examination. For purposes of this section, the court may deem a witness available for cross-examination if it determines that the witness is on telephone standby and can be present in court within a reasonable time of a request to examine the witness.

(2)For purposes of this subdivision, an objection is timely if it identifies with reasonable specificity the disputed hearsay evidence and it gives the petitioner a reasonable period of time to meet the objection prior to a contested hearing.

(f)This section shall not be construed to limit the right of a party to subpoena a witness whose statement is contained in the report or to introduce admissible evidence relevant to the weight of the hearsay evidence or the credibility of the hearsay declarant.

SECTION 1.SEC. 2.Section 5354 of the Welfare and Institutions Code is amended to read:5354.

(a)The officer providing conservatorship investigation shall investigate all available alternatives to conservatorship and shall recommend conservatorship to the court only if no suitable alternatives are available. The officer shall render to the court a written report of investigation prior to the hearing. The report to the court shall be comprehensive and shall contain all relevant aspects of the persons medical, psychological, financial, family, vocational, and social condition, and information obtained from the persons family members, close friends, social worker, or principal therapist. If the officer determines that information about the historical course of the persons mental disorder and adherence to prior treatment plans has a reasonable bearing on the determination as to whether the person is gravely disabled as a result of the mental disorder, the officer shall include that information in the report and the court shall consider the information. The report shall also contain all available information concerning the persons real and personal property. The facilities providing intensive treatment or comprehensive evaluation shall disclose any records or information which may facilitate the investigation. If the officer providing conservatorship investigation recommends against conservatorship, the officer shall set forth all alternatives available. A copy of the report shall be transmitted to the individual who originally recommended conservatorship, to the person or agency, if any, recommended to serve as conservator, and to the person recommended for conservatorship. The court shall receive the report in evidence and shall read and consider the contents of the report in rendering its judgment.

(b)Notwithstanding Section 5328, if a court with jurisdiction over a person in a criminal case orders an evaluation of the persons mental condition pursuant to Section 5200, and that evaluation leads to a conservatorship investigation, the officer providing the conservatorship investigation shall serve a copy of the report required under subdivision (a) upon the defendant or the defendants counsel. Upon the prior written request of the defendant or the defendants counsel, the officer providing the conservatorship investigation shall also submit a copy of the report to the court hearing the criminal case, the district attorney, and the county probation department. The conservatorship investigation report and the information contained in that report, shall be kept confidential and shall not be further disclosed to anyone without the prior written consent of the defendant. After disposition of the criminal case, the court shall place all copies of the report in a sealed file, except as follows:

(1)The defendant and the defendants counsel may retain their copy.

(2)If the defendant is placed on probation status, the county probation department may retain a copy of the report for the purpose of supervision of the defendant until the probation is terminated, at which time the probation department shall return its copy of the report to the court for placement into the sealed file.

SEC. 2.SEC. 3.

If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

The people of the State of California do enact as follows:SECTION 1.Section 5354 of the Welfare and Institutions Code is amended to read:5354.

(a)The officer providing conservatorship investigation shall investigate all available alternatives to conservatorship and shall recommend conservatorship to the court only if no suitable alternatives are available. This The officer shall render to the court a written report of investigation prior to the hearing. The report to the court shall be comprehensive and shall contain all relevant aspects of the persons medical, psychological, financial, family, vocational, and social condition, and information obtained from the persons family members, close friends, social worker, or principal therapist. If the officer determines that information about the historical course of the persons mental disorder and adherence to prior treatment plans has a reasonable bearing on the determination as to whether the person is gravely disabled as a result of the mental disorder, the officer shall include that information in the report and the court shall consider the information. The report shall also contain all available information concerning the persons real and personal property. The facilities providing intensive treatment or comprehensive evaluation shall disclose any records or information which may facilitate the investigation. If the officer providing conservatorship investigation recommends against conservatorship, he or she the officer shall set forth all alternatives available. A copy of the report shall be transmitted to the individual who originally recommended conservatorship, to the person or agency, if any, recommended to serve as conservator, and to the person recommended for conservatorship. The court may shall receive the report in evidence and may shall read and consider the contents thereof of the report in rendering its judgment.

(b)Notwithstanding Section 5328, when if a court with jurisdiction over a person in a criminal case orders an evaluation of the persons mental condition pursuant to Section 5200, and that evaluation leads to a conservatorship investigation, the officer providing the conservatorship investigation shall serve a copy of the report required under subdivision (a) upon the defendant or the defendants counsel. Upon the prior written request of the defendant or the defendants counsel, the officer providing the conservatorship investigation shall also submit a copy of the report to the court hearing the criminal case, the district attorney, and the county probation department. The conservatorship investigation report and the information contained in that report, shall be kept confidential and shall not be further disclosed to anyone without the prior written consent of the defendant. After disposition of the criminal case, the court shall place all copies of the report in a sealed file, except as follows:

(1)The defendant and the defendants counsel may retain their copy.

SEC. 2.

SECTION 1.Section 5350 of the Welfare and Institutions Code is amended to read:5350.A conservator of the person, of the estate, or of the person and the estate may be appointed for a person who is gravely disabled as a result of a mental health disorder or impairment by chronic alcoholism.The procedure for establishing, administering, and terminating a conservatorship under this chapter shall be the same as that provided in Division 4 (commencing with Section 1400) of the Probate Code, except as follows:(a)A conservator may be appointed for a gravely disabled minor.(b)(1)Appointment of a conservator under this part, including the appointment of a conservator for a person who is gravely disabled, as defined in subparagraph (A) of paragraph (1) of subdivision (h) of Section 5008, shall be subject to the list of priorities in Section 1812 of the Probate Code, unless the officer providing conservatorship investigation recommends otherwise to the superior court.(2)In appointing a conservator, as defined in subparagraph (B) of paragraph (1) of subdivision (h) of Section 5008, the court shall consider the purposes of protection of the public and the treatment of the conservatee. Notwithstanding any other provision of this section, the court shall not appoint the proposed conservator if the court determines that appointment of the proposed conservator will not result in adequate protection of the public.(c)A conservatorship of the estate pursuant to this chapter shall not be established if a conservatorship or guardianship of the estate exists under the Probate Code. When a gravely disabled person already has a guardian or conservator of the person appointed under the Probate Code, the proceedings under this chapter shall not terminate the prior proceedings, but shall be concurrent with and superior thereto. The superior court may appoint the existing guardian or conservator of the person or another person as conservator of the person under this chapter.(d)(1)The person for whom conservatorship is sought shall have the right to demand a court or jury trial on the issue of whether the person is gravely disabled. Demand for court or jury trial shall be made within five days following the hearing on the conservatorship petition. If the proposed conservatee demands a court or jury trial before the date of the hearing, as provided for in Section 5365, the demand shall constitute a waiver of the hearing.(2)Court or jury trial shall commence within 10 days of the date of the demand, except that the court shall continue the trial date for a period not to exceed 15 days upon the request of counsel for the proposed conservatee.(3)This right shall also apply in subsequent proceedings to reestablish conservatorship.(e)(1)Notwithstanding subparagraph (A) of paragraph (1) of subdivision (h) of Section 5008, a person is not gravely disabled if that person can survive safely without involuntary detention with the help of responsible family, friends, or others who are both willing and able to help provide for the persons basic personal needs for food, clothing, or shelter.(2)However, unless they specifically indicate in writing their willingness and ability to help, family, friends, or others shall not be considered willing or able to provide this help.(3)The purpose of this subdivision is to avoid the necessity for, and the harmful effects of, requiring family, friends, and others to publicly state, and requiring the court to publicly find, that no one is willing or able to assist a person with a mental health disorder in providing for the persons basic needs for food, clothing, or shelter.(4)This subdivision does not apply to a person who is gravely disabled, as defined in subparagraph (B) of paragraph (1) of subdivision (h) of Section 5008.(f)Conservatorship investigation shall be conducted pursuant to this part and shall not be subject to Section 1826 or Chapter 2 (commencing with Section 1850) of Part 3 of Division 4 of the Probate Code.(g)Notice of proceedings under this chapter shall be given to a guardian or conservator of the person or estate of the proposed conservatee appointed under the Probate Code.(h)As otherwise provided in this chapter.

The people of the State of California do enact as follows:SECTION 1.Section 5350 of the Welfare and Institutions Code is amended to read:5350.

A conservator of the person, of the estate, or of the person and the estate may be appointed for a person who is gravely disabled as a result of a mental health disorder or impairment by chronic alcoholism.

The procedure for establishing, administering, and terminating a conservatorship under this chapter shall be the same as that provided in Division 4 (commencing with Section 1400) of the Probate Code, except as follows:

(a)A conservator may be appointed for a gravely disabled minor.

(b)(1)Appointment of a conservator under this part, including the appointment of a conservator for a person who is gravely disabled, as defined in subparagraph (A) of paragraph (1) of subdivision (h) of Section 5008, shall be subject to the list of priorities in Section 1812 of the Probate Code Code, unless the officer providing conservatorship investigation recommends otherwise to the superior court.

(2)In appointing a conservator, as defined in subparagraph (B) of paragraph (1) of subdivision (h) of Section 5008, the court shall consider the purposes of protection of the public and the treatment of the conservatee. Notwithstanding any other provision of this section, the court shall not appoint the proposed conservator if the court determines that appointment of the proposed conservator will not result in adequate protection of the public.

(c)No A conservatorship of the estate pursuant to this chapter shall not be established if a conservatorship or guardianship of the estate exists under the Probate Code. When a gravely disabled person already has a guardian or conservator of the person appointed under the Probate Code, the proceedings under this chapter shall not terminate the prior proceedings proceedings, but shall be concurrent with and superior thereto. The superior court may appoint the existing guardian or conservator of the person or another person as conservator of the person under this chapter.

(d)(1)The person for whom conservatorship is sought shall have the right to demand a court or jury trial on the issue of whether he or she the person is gravely disabled. Demand for court or jury trial shall be made within five days following the hearing on the conservatorship petition. If the proposed conservatee demands a court or jury trial before the date of the hearing hearing, as provided for in Section 5365, the demand shall constitute a waiver of the hearing.

(2)Court or jury trial shall commence within 10 days of the date of the demand, except that the court shall continue the trial date for a period not to exceed 15 days upon the request of counsel for the proposed conservatee.

(3)This right shall also apply in subsequent proceedings to reestablish conservatorship.

(e)(1)Notwithstanding subparagraph (A) of paragraph (1) of subdivision (h) of Section 5008, a person is not gravely disabled if that person can survive safely without involuntary detention with the help of responsible family, friends, or others who are both willing and able to help provide for the persons basic personal needs for food, clothing, or shelter.

(2)However, unless they specifically indicate in writing their willingness and ability to help, family, friends, or others shall not be considered willing or able to provide this help.

(3)The purpose of this subdivision is to avoid the necessity for, and the harmful effects of, requiring family, friends, and others to publicly state, and requiring the court to publicly find, that no one is willing or able to assist a person with a mental health disorder in providing for the persons basic needs for food, clothing, or shelter.

(4)This subdivision does not apply to a person who is gravely disabled, as defined in subparagraph (B) of paragraph (1) of subdivision (h) of Section 5008.

(f)Conservatorship investigation shall be conducted pursuant to this part and shall not be subject to Section 1826 or Chapter 2 (commencing with Section 1850) of Part 3 of Division 4 of the Probate Code.

(g)Notice of proceedings under this chapter shall be given to a guardian or conservator of the person or estate of the proposed conservatee appointed under the Probate Code.

(h)As otherwise provided in this chapter.

Date	Status
Jun 9, 2022	June 14 set for first hearing canceled at the request of author.
May 19, 2022	Referred to Com. on JUD.
May 9, 2022	In Assembly. Read first time. Held at Desk.
May 9, 2022	Read third time. Passed. (Ayes 33. Noes 0. Page 3644.) Ordered to the Assembly.
Apr 28, 2022	Read second time and amended. Ordered to third reading.
Apr 27, 2022	From committee: Do pass as amended. (Ayes 11. Noes 0. Page 3513.) (April 26).
Apr 18, 2022	From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.
Apr 8, 2022	Set for hearing April 26.
Apr 6, 2022	From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.
Mar 23, 2022	Re-referred to Com. on JUD.
Mar 15, 2022	From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.
Feb 16, 2022	Referred to Com. on RLS.
Feb 10, 2022	From printer.
Feb 9, 2022	Article IV Section 8(a) of the Constitution and Joint Rule 55 dispensed with February 7, 2022, suspending the 30 calendar day requirement.

Date	Description	Location	Votes
May 9, 2022	Senate 3rd Reading SB965 Eggman	Senate Floor	34 0 7 Passed

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Authors shown for version:
Amended Senate (4/28/2022)