"This court exclusively handles cases related to the Lanterman-Petris-Short Act and some probate hearings that can give doctors the right to treat patients who lack the mental capacity to make their own health care decisions.
The Lanterman-Petris-Short Act (LPS) governs involuntary commitments of patients suffering from severe mental illness in California.
The facility is located in ARMC’s Behavioral Heath Unit, and it is the only courtroom in California actually located in a hospital.
San Bernardino County decided to locate its mental health courtroom inside the county hospital years ago. Prior to the establishment of ARMC, there was a small courtroom at the former San Bernardino County Medical Center.
State law requires LPS hearings to be held in a location that is least disruptive to patients’ treatment; the courtrooms also must preserve confidentiality of the proceedings.
Hearings are held at the ARMC courtroom two days a week, and the number of cases heard during a day can range from a few patients to 20 or more.
“It’s a really fluid and unpredictable calendar,” San Bernardino Superior Court Mental Health Counselor Wayne Henkelmann said.."
This article demonstrates that conservatorship practices really does vary across counties. For example, San Diego holds its conservatorship hearing within the criminal court building on Union St. Conservatorship court handles LPS matters separately from probate matters. Probate matters take place on the fifth floor and LPS matters on the 12th floor at 13:30 pm. However, in LA just a few years ago, mental health matters took place in a courthouse entirely separate from the primary criminal courthouse. This courthouse located on 1150 N. San Fernando Rd only handled LPS and mental health matters. Probate was in a separate building far away from mental health matters. Due to the California realignment act [Bronzan Mccorquodale Act] LPS conservatorships matters were assigned to the counties. Each county decided how to run the matters irregardless of what nearby counties did. This is how issues such as Arrowhead Medical Center managing LPS cases arise. This can cause a great deal of confusion for people and practitioners who often find that procedures with handling the hearing vary between a "hospital setting" and a real "courthouse". There may be less formal proceedings in a hospital and may appear to be a kangaroo court leading to failure to properly implement proper legal proceedings.
Leave a Reply.
Juvenile Dependency and