Laura's Law - Assisted Outpatient Treatment Eligibility Criteria

Assisted Outpatient Treatment Eligibility Criteria

As stated above the patient must have a serious mental illness plus a recent history of psychiatric hospitalizations, jailings or acts, threats or attempts of serious violent behavior towards self or others. The recipient must also have been offered an opportunity to voluntarily participate in a treatment plan by the local mental health department, yet fails to the point that, without a Laura’s Law program, he or she will likely relapse or deteriorate to the point of being dangerous to self or others. "Participation in the assisted outpatient program is the least restrictive placement necessary to ensure the person’s recovery and stability." While a specified group of individuals may request an investigation to determine is a person qualifies for a Laura’s Law program, only the County mental health director, or his or her designee, may file a petition with the superior court for a hearing to determine if the person should be court ordered to receive the services specified under the law.

A person may be placed in an assisted outpatient treatment if, after a hearing, a court finds that the following criteria have been met. The patient must:

• Be eighteen years of age or older
• Be suffering from a mental illness
• Be unlikely to survive safely in the community without supervision, based on a clinical determination
• Have a history of non-compliance with treatment that has either:

1. Been a significant factor in his or her being in a hospital, prison or jail at least twice within the last thirty-six months; or
2. Resulted in one or more acts, attempts or threats of serious violent behavior toward self or others within the last forty-eight months

• Have been offered an opportunity to voluntarily participate in a treatment plan by the local mental health department but continue to fail to engage in treatment
• Be substantially deteriorating
• Be, in view of his or her treatment history and current behavior, in need of assisted outpatient treatment in order to prevent a relapse or deterioration that would likely result in the person meeting California's inpatient commitment standard, which is being:

1. A serious risk of harm to himself or herself or others; or
2. Gravely disabled (in immediate physical danger due to being unable to meet basic needs for food, clothing, or shelter);

• Be likely to benefit from assisted outpatient treatment; and
• Participation in the assisted outpatient program is the least restrictive placement necessary to ensure the person's recovery and stability.

If the court finds that the individual meets the statutory criteria, the recipient will be provided intensive community treatment services and supervision by multidisciplinary teams of highly trained mental health professionals with staff-to-client ratios of not more than 1 to 10, and additional services, as specified, for persons with the most persistent and severe mental illness. The law specifies various rights of the person who is the subject of a Laura’s Law petition as well as due process hearing rights. The bill also provides for voluntary settlement agreements as an alternative to the hearing process.