SB 577

This bill makes various changes to the laws of protective placement and

protective services, including all of the following:

1. The bill defines for purposes of protective placement and protective services

a guardian, in the context of the exercise of a specific right or power, as a temporary

or permanent guardian of the person, or a temporary or permanent guardian of the

estate, who has been granted the authority to exercise that right or power on behalf

of the ward.

2. Under current law, protective services are defined as a list of services. The

bill specifies that protective services are any services that, when provided to an

individual with developmental disabilities, degenerative brain disorder, serious and

persistent mental illness, or other like incapacity, keep the individual safe from

abuse, financial exploitation, neglect, or self-neglect or prevent the individual from

experiencing deterioration or from inflicting harm on himself or herself or another

person, including services such as outreach, counseling, and referral for services,

case management, and diagnostic evaluation.

3. The bill makes various changes to the determination of venue and county of

responsibility for a petition for protective services or protective placement.

4. The bill includes, for an individual receiving the family care benefit, the care

management organization in which the individual is enrolled to receive the family

care benefit as an interested person and for other purposes such as receiving notice

of a petition for protective services or placement and notice of the time and place of

a hearing about protective placement or protective services and having the right to

attend a transfer of placement hearing and present and examine witnesses at that

hearing. An aging and disability resource center and a care management

organization administering the family care benefit, or an organization responsible

for administering or providing benefits or services under a long-term care program,

is required to comply with all court orders regarding an individual to whom the

center or organization provides services to ensure that the individual is placed in the

least restrictive environment and receives services in the least restrictive manner

consistent with the individual's needs.

5. Under current law, a hearing on protective services or protective placement

is required to be open, unless the individual sought to be protected, or his or her

attorney, requests the hearing be closed. In a closed hearing, only persons in interest,

including representatives of providers of service and their attorneys and witnesses,

may be present. The bill requires that the hearing be closed, unless the individual

sought to be protected, or his or her attorney, requests the hearing be open.

6. Under current law, emergency protective services may be provided for not

more than 72 hours when there is reason to believe that, if the emergency protective

services are not provided, the individual entitled to the services or others will incur

a substantial risk of serious physical harm. Under current law, if it is necessary to