(a) The establishment of a conservatorship pursuant to this chapter is subject to a finding by the court that the health director of the county or the city and county, or the director’s designee, has fulfilled all of the requirements specified in Section 5451 and that either of the following conditions has been met:
(1) The behavioral health director, or the director’s designee, previously attempted by petition to obtain a court order authorizing assisted outpatient treatment pursuant to Article 9 (commencing with Section 5345) of Chapter 2 for the person for whom conservatorship is sought, and that the petition was denied or the court finds by clear and convincing evidence that the assisted outpatient treatment was insufficient to treat the person’s mental illness.
(2) The behavioral health director, or the director’s designee, reasonably recommends, and the court found by clear and convincing evidence, that the person, as a matter of law, does not meet the criteria described for assisted outpatient treatment pursuant to Article 9 (commencing with Section 5345) of Chapter 2, or that assisted outpatient treatment would be insufficient to treat the person in the instant matter in lieu of a conservatorship. The behavioral health director, or the director’s designee, shall state specific facts to support the recommendation. If the behavioral health director, or the director’s designee, fails to demonstrate that assisted outpatient treatment pursuant to Article 9 (commencing with Section 5345) of Chapter 2 would be insufficient to treat the person, and the person meets all criteria to qualify for assisted outpatient treatment, assisted outpatient treatment may be ordered at this hearing.
(b) The basis for the findings described in subdivision (a) shall be documented and included with the petition for a conservatorship.
(Amended by Stats. 2019, Ch. 467, Sec. 4. (SB 40) Effective October 2, 2019. Repealed as of January 1, 2024, pursuant to Section 5466.)