State Statute
5771. | 5771.3 | 5771.5 | 5772
California Mental Health Planning Council Excerpt From The Welfare and Institutions Code
5771.
(a) Pursuant to
Public Law 102-321, there is the California Behavioral Health Planning Council. The purpose of the planning council shall be to fulfill those mental health planning requirements mandated by federal law.
(b) (1) The planning council shall have 40 members, to be comprised of members appointed from both the local and state levels in order to ensure a balance of state and local concerns relative to planning.
(2) As required by federal law, eight members of the planning council shall represent various state departments.
(3) Members of the planning council shall be appointed in a manner that will ensure that at least one-half are adults with serious mental illness, including persons
who are dually diagnosed with serious mental illness and substance use disorders, family members of persons with serious mental illness, including adults who
are dually diagnosed with serious mental illness and substance use disorders, family members of children with emotional disturbance, and representatives of
organizations advocating on behalf of persons with mental illness, including persons who are dually diagnosed with mental illness and substance use disorders.
Persons with serious mental illness, including persons who are dually diagnosed with serious mental illness and substance use disorders, and family members shall
be represented in equal numbers.
(4) The Director of Health Care Services shall make appointments from among nominees from various constituency organizations for mental health or mental health
and substance use disorders, which shall include representatives of consumer-related advocacy organizations, representatives of professional and provider organizations
for mental health or mental health and substance use disorders, and representatives who are direct service providers from both the public and private sectors.
The director shall also appoint one representative of the California Coalition on Mental Health.
(c) Members should be balanced according to demography, geography, gender, and ethnicity. Members should include representatives with interest in all target populations, including, but not limited to, children and youth, adults, and older adults.
(d) The planning council shall annually elect a chairperson and a chair-elect.
(e) The term of each member shall be three years, to be staggered so that approximately one-third of the appointments expire in each year.
(f) In the event of changes in the federal requirements regarding the structure and function of the planning council, or the discontinuation of federal funding, the State Department of Health Care Services shall, with input from state-level advocacy groups, consumers, family members and providers, and other stakeholders, propose to the Legislature modifications in the structure of the planning council that the department deems appropriate.
(Amended by Stats. 2017, Ch. 511, Sec. 11. (AB 1688) Effective January 1, 2018.)
5771.3.
The California Behavioral Health Planning Council may utilize staff of the State Department of Health Care Services, to the extent they are available, and the staff of any other public or private agencies that have an interest in the mental health or substance use disorders, or both, of the public and that are able and willing to provide those services.
(Amended by Stats. 2017, Ch. 511, Sec. 13. (AB 1688) Effective January 1, 2018.)
5771.5.
(a) (1) The Chairperson of the California Behavioral Health Planning Council, with the concurrence of a majority of the members of the California Behavioral Health Planning Council, shall appoint an executive officer who shall have those powers delegated to him or her by the council in accordance with this chapter.
(2) The executive officer shall be exempt from civil service.
(b) Within the limit of funds allotted for these purposes, the California Behavioral Health Planning Council may appoint other staff it may require according to the rules and procedures of the civil service system.
(Amended by Stats. 2017, Ch. 511, Sec. 14. (AB 1688) Effective January 1, 2018.)
5772.
The California Behavioral Health Planning Council shall have the powers and authority necessary to carry out the duties imposed upon it by this chapter, including, but not limited to, the following:
(a) To advocate for effective, quality mental health and substance use disorder programs.
(b) To review, assess, and make recommendations regarding all components of California's mental health and substance use disorder systems, and to report as necessary to the Legislature, the State Department of Health Care Services, local boards, and local programs.
(c) To review program performance in delivering mental health and substance use disorder services by annually reviewing performance outcome data as follows:
(1) To review and approve the performance outcome measures.
(2) To review the performance of mental health and substance use disorder programs based on performance outcome data and other reports from the State Department of Health Care Services and other sources.
(3) To report findings and recommendations on the performance of programs annually to the Legislature, the State Department of Health Care Services, and the local boards, and to post those findings and recommendations annually on its Internet Web site.
(4) To identify successful programs for recommendation and for consideration of replication in other areas. As data and technology are available, identify programs experiencing difficulties.
(d) When appropriate, make a finding pursuant to Section 5655 that a county's performance in delivering mental health services is failing in a substantive manner. The State Department of Health Care Services shall investigate and review the finding, and report the action taken to the Legislature.
(e) To advise the Legislature, the State Department of Health Care Services, and county boards on mental health and substance use disorder issues and the policies and priorities that this state should be pursuing in developing its mental health and substance use disorder health systems.
(f) To periodically review the state's data systems and paperwork requirements to ensure that they are reasonable and in compliance with state and federal law.
(g) To make recommendations to the State Department of Health Care Services on the award of grants to county programs to reward and stimulate innovation in providing mental health and substance use disorder services.
(h) To conduct public hearings on the state mental health plan, the Substance Abuse and Mental Health Services Administration block grant, and other topics, as needed.
(i) In conjunction with other statewide and local mental health and substance use disorder organizations, assist in the coordination of training and information to local mental health boards as needed to ensure that they can effectively carry out their duties.
(j) To advise the Director of Health Care Services on the development of the state mental health plan and the system of priorities contained in that plan.
(k) To assess periodically the effect of realignment of mental health services and any other important changes in the state's mental health and substance use disorder systems, and to report its findings to the Legislature, the State Department of Health Care Services, local programs, and local boards, as appropriate.
(l) To suggest rules, regulations, and standards for the administration of this division.
(m) When requested, to mediate disputes between counties and the state arising under this part.
(n) To employ administrative, technical, and other personnel necessary for the performance of its powers and duties, subject to the approval of the Department of Finance.
(o) To accept any federal fund granted, by act of Congress or by executive order, for purposes within the purview of the California Behavioral Health Planning Council, subject to the approval of the Department of Finance.
(p) To accept any gift, donation, bequest, or grants of funds from private and public agencies for all or any of the purposes within the purview of the California Behavioral Health Planning Council, subject to the approval of the Department of Finance.
(q) Notwithstanding subdivisions (a), (c), (e), (g), and (i), in the event that the State Department of Health Care Services determines that California's Community Mental Health Services Block Grant funding pursuant to Section 300x et seq. of Title 42 of the United States Code is in jeopardy due to the California Behavioral Health Planning Council's noncompliance with the requirements specified in Public Law 102-321, the State Department of Health Care Services shall notify and consult with the California Behavioral Health Planning Council, and the California Behavioral Health Planning Council shall make the changes necessary to comply with federal law.
(r) The Legislature finds and declares that the amendments made to subdivisions (a), (b), (c), (e), (g), (i), and (k) by the act that added this subdivision are consistent with Section 5892.
(Amended by Stats. 2017, Ch. 511, Sec. 15. (AB 1688) Effective January 1, 2018.)
