LPS MENTAL HEALTH CONSERVATORSHIP

LPS conservatorship
and
​juvenile dependency updates

  • LPS CONSERVATORSHIPS FOR THE GRAVELY DISABLED
    • ABOUT YOURS TRULY
  • LPS Conservatorship Case Law
    • THE ABSOLUTE STATE OF THE COURT OF APPEALS
    • Conservatorship of Isaac O- court report omission and jurisdiction
    • Disparate Treatment- Conservatorship of E.B
    • Conservatorship of KW- hearsay and jury instructions
    • Peremptory Challenges and Conservatorship of Gordon
    • Conservatorship of Sorenson privacy rights and LPS matters
    • Imposition of special disabilities- Conservatorship of Walker
    • Continuing Jurisdiction/Jury Instruction and Conservatorship of McKeown
    • Hearsay and conservatorship of Manton
    • Conservatorship of the Person of S.A.
    • Writ of Habeas Corpus burden of proof
    • Conservatorship of Roulet- burden of proof
    • Special disabilities and due process- Conservatorship of K.G and Donna H.
    • Conservatorship of Davis and Third party assistance
    • Marsden hearings/ due process Conservatorship of David
    • Conservatorship of Torres and admissibility
    • Jury Instruction and Conservatorship of Law
    • Conservatorship of George H- jury instruction
    • Public Conservator's Exclusive Power to Initiate LPS Conservatorship Kaplan v. Superior Court
    • Constitutionality of LPS conservatorship- Conservatorship of Delay
    • Investigation report- Conservatorship of Ivey
    • Conservatorship of Jesse G
    • Grave Disability Standard and Jury trial notice Conservatorship of Benvenuto
    • Conservatorship of Kennebrew vs Conservatorship of Karriker
    • Jury Trial Delays - Conservatorship of Joanne R.
    • Conservatorship of Hofferber- criminal incompetence and LPS
    • "Discretionary abuse" Conservatorship of G.H.
    • In re Elizabeth R- LPS Conserved Parent with a concurrent dependency case
    • Conservatorship of C.O. - Waiver of Jury Trial
    • Conservatorship of Smith and strange behaviour
    • Jury Trials- ​Conservatorship of Jose B
    • Conservatorship of Baber and Double jeopardy and third party evidence >
      • WIP- Conservatorship of Tedesco
      • Conservatorship of Symington (1989)
      • Effective Counsel
      • Faretta and Marsden
      • Exceptions: Third Party Evidence
      • Exclusionary Rule WIP
      • Fifth Amendment Rights
  • LPS Conservatorship Court Overview
    • Public Conservator >
      • Los Angeles Public Guardian
      • CONSERVATORSHIP INVESTIGATION REPORT
      • CAREER >
        • Continuing Education
        • Public Conservator County Numbers '16
        • San Diego Public Conservator '19
      • LPS Conservatorship for Dependent Parents and Minors
    • WHY ARE LPS CONSERVATORSHIP AND PROBATE CONSERVATORSHIPS DIFFERENT
    • Court of Appeals >
      • In re Ben C- Wende Brief no issue writ
    • Trial Court Transcript
    • Conservatorship Legal Documents
    • INITIAL INVOLUNTARY PROCEEDINGS >
      • Grave Disability >
        • Present Grave Disability
      • Venue
      • Conservator's Bond
      • When the Conservatee Goes AWOL
      • Involuntary Commitment
      • Conservatorship Factors
      • Riese Hearing >
        • Riese Hearing
      • Supplemental Security Income/ SSI >
        • Applying for SSI
        • Documents for SSI
        • Process and Appeal
        • Award Letter
        • Rep Payee
        • SSI Amounts 2018/2019
  • For LPS Conservatees
    • RIGHT TO APPEAR IN COURT
    • JUDICIAL REVIEW >
      • WRIT OF HABEAS CORPUS
    • NOTICE
    • MEDICATION
    • PLAN OF CARE IF DISCHARGED
    • RIGHT TO COUNSEL
  • BUILDING A STRONG CASE FOR CONSERVATORSHIP
    • POWERS OF CONSERVATOR >
      • Placement Powers
      • Medication powers
    • WHY ONLY THE PUBLIC CONSERVATOR IS ALLOWED TO FILE FOR LPS CONSERVATORSHIP
    • SERVING AS CONSERVATOR
    • DSM V DIAGNOSIS LIMITS
    • CONSERVATEE INTERVIEW
    • HISTORY OF DECOMPENSATION AND LACK OF INSIGHT
    • WRAPPING IT ALL TOGETHER AND CREATING THE NEXUS BETWEEN SYMPTOMS, HISTORY, COMPLIANCE, THIRD PARTY ASSISTANCE TO PROOF OF CURRENT GRAVE DISABILITY BEYOND A REASONABLE DOUBT
  • MAKING SENSE OF THE RULES OF EVIDENCE AND PRESENTING YOUR EVIDENCE AT TRIAL
  • JUVENILE DEPENDENCY
    • FAST TRACK DEPENDENCY
    • DEPENDENCY APPEALS
    • DETENTION
    • JURISDICTION DISPOSITION (JURIS/DISPO)
    • §366.26 Hearing: Selection and Implementation
    • 730 Evaluators
    • Case Plan
  • New Updates
    • Right to Choose

12/23/2021

lps conservatorship cfts

0 Comments

Read Now
 

CFTs for LPS Conserved Clients?


Sacramento county raised this unique issue of “CFTs” for LPS Conservatorship during the Joint Hearing on the LANTERMAN-PETRIS-SHORT ACT by the Assembly Health And Judiciary on December 15, 2021.
 
What was said during the meeting:
“I’d also encourage that we look at the LPS law... one of the things Sacramento county is doing which is really unique is we do basically Child and family team meetings. CFTs are in the dependency system, child family therapy or child family team meetings, those are
meetings that the department calls where the [family] sits in the center of the room and everybody surrounds the family and puts their heads together about what they need to do to
support that youth [or permanency placement] planning. We're doing that for LPS conservatees. We have our LPS Conserved client come to the table and [hold a CFT]. We [get] the public defender, county council, public guardian, case managers... we get together with the providers and say what do we need to do to make help you successfully engage in treatment”. Edited for clarity
 
At this time there is very little information about how LPS Conservatorship “CFTs” are conducted. To better conceptualize how CFTs may be implemented for LPS clients, below are is a sample guidelines for LPS CFTs adapted from current CFTs structure in the dependency system.
 
A very important note:
CFTs are already tricky to schedule in the dependency realm despite entire trainings and departments dedicated for CFTs. With how little funding there is for LPS, actual implementation for CFTs for LPS clients can pose to be a contentious issue as public guardians, public defenders, and treatment staff are very very busy. This guideline below is to be just that…. A simple guideline based on dependency practice. If other counties are to adopt CFTs for LPS clients, very very careful consideration needs to be made for everyone’s time.
 
Additionally, CFTs in the dependency realm are often filled with heightened emotions and sometimes conflict. Parents can yell, cry, or get into protracted arguments about case planning. With LPS clients, it would be unrealistic to expect that they would always present calmly or never be emotionally upset by an outcome. A facilitator would need to be trained in mental health de-escalation and mental illness sensitivity training to ensure that the meeting runs smoothly.
 
 
The CFT or child family team meeting one is a meeting process for families to provide input to social services and by extension the juvenile court. Topics of discussion center around how well case plan services are progressing for the parents, current placement, the youth’s health needs, and upcoming critical court dates. CFTs are an important process for everyone involved with child welfare to progress through a case plan that may have stagnated due to poor communication or inability to complete court ordered services.
CFT meetings are both formal and informal as they result in reports submitted to the court at the next review court date; but informal in that there are no bench officers present.
 
The goal of a CFT meeting is to practice shared decision making where the patient, case manager, medical providers, third party support, and/or legal representatives are present and all have input into the safety, placement options, case plan development, and outcome of the patient’s case.
 
All CFTs include:
• Explanation of the purpose of a CFT for all members.
• A shared agenda drafted and distributed prior to the meeting with input from all the members.
• Group agreements regarding privacy and rules.
• If necessary, the team shall review previous plans and changed circumstances.
• The group shall discuss patient’s progress and/or barriers to meeting treatment goals.
• Scheduling for the next CFT.
• For the entirety of the meeting always remembering to bear in mind the patient and family’s cultural and unique needs.
 
 
CFTs required for open LPS cases:
• Within the first 6 months of establishment of a permanent conservatorship, a CFT may be scheduled to ensure treatment goals are being met and if not how to change treatment planning to ensure that they are, and how the patient can work with the treatment team to transition to a lower level of placement as soon as possible.
• Evaluation of current and future placement needs including current restriction, patient’s desired changes in placement, and medication planning.
• The team shall evaluate or draft an ongoing case plan that every member of the team shall have input into with reevaluation every ___ months.
• Discussion around current psychotropic medication regimen.
• Discussion of side effects, complaints, patient desires to change or stay on certain medications and insight into choices.
  
 
 
Other important meetings topics may include (as applicable to case circumstances):
• Assessment of current placement in the least restrictive setting and review of treatment team notes to determine if patient is unable to maintain in the current setting.
• Assessment of third party relative and friends to determine if they are able to help meet the needs of the conservatee including ongoing treatment compliance, housing, assistance with food, clothing, and shelter.
for respite care.
• To develop a relapse preservation strategy so that conservatee does not need to return to a higher level of care
• Assessment of potential future placements such as group homes, board and cares, or residential facilities.
o If at any time the team’s placement recommendation is for more restrictive placement the patient’s legal representative and the public conservator representative shall present all the less restrictive options, why they would be unworkable, and all relevant legal guidelines supporting such a move.
• Planning for out of facility visits and potential family and friend visitation.
 
Attorneys in CFTs: LPS clients should be encouraged to consult with their attorneys for a CFT
 
CFTs in the dependency system are not legal proceedings but they may involve the parent’s counsel or legal representative. The department may have county counsel on the phone but not always due to high case loads. The same should apply for LPS Conservatorship CFTs as patients should have a legal representative or patient’s rights present at the CFT to ensure that their legal rights are retained.
 
•A patient’s attorney does not typically attend CFTs but they often request their attorney investigator’s presence at CFTMs.
•Notice is given to all team members when a new person will be present due to confidentiality rules.
 
•The attorney will be given the same information regarding the purpose, rules, and agenda of the CFT.
• All parties should know that CFTs are not for legal purposes of gaining “judicial advantage” or asking questions that relate to legal fact-finding that may impact court purposes. This needs to be done via formal discovery procedures.
•When attending, attorneys or investigators need to agree to the CFT confidentiality agreement
 
 
 
Scheduling a CFT
•CFTs shall be facilitated by a certain contracted facilitator who is trained in mental health and the needs of mental health patients.
•It should be either the public guardian or the treatment facility’s responsibility to schedule meetings and submit requests for facilitators giving all parties enough time to arrange their schedules.
 
 
NOTE: LPS clients should by statue be required to receive all information relating to the CFT. However, a client should retain the right to request that their information not be shared with certain members such as friends or relatives.
 
Confidentiality
•All mandated reporting laws shall be in effect, and if abuse is disclosed, this
information may be used to submit the appropriate referral.
 
Notifying and inviting essential and non essential CFT participants
•The CFT Facilitator is responsible for providing notification dates and invitations to each
member as part of meeting preparation.
•If a required member declines to attend the meeting, the CFT Facilitator should encourage them to attend and if they are unable to, document the reason for absence.
•All participants other than the public guardian, treatment team member, and patient should be approved by the patient and public guardian.
•Prior to inviting other members, the facilitator shall inform the patient of the proposed person’s role in the meeting and ask if they have an objection.
 
Notifying and inviting CFT participants (cont.)
•Before each meeting begins, the CFT Facilitator should meet briefly with the conservatee and confirm key information and address any new concerns or safety issues with placement.
•If there are concerns with patients being violent or acting inappropriately, then the CFT facilitator should not “cut” the patient out of the process. They should strive to see what is making the patient agitated and if they are unable to resolve the issue possibly arrange for a different date or for the patient to “call in” instead.
 

Share

0 Comments



Leave a Reply.

Details

    Juvenile Dependency and
    LPS Conservatorship
     

    Informal entries about both subjects. Case law, updates in legislature, common sense information, and more....

    Category: LPS & Dependency Legal News

    November 2022
    October 2022
    September 2022
    August 2022
    July 2022
    May 2022
    April 2022
    March 2022
    February 2022
    January 2022
    December 2021
    November 2021
    October 2021
    September 2021
    August 2021
    July 2021
    May 2021
    April 2021
    March 2021
    January 2021
    December 2020
    November 2019
    August 2019
    July 2019
    June 2019
    April 2019
    March 2019
    February 2019
    January 2019
    December 2018
    November 2018
    October 2018
    September 2018
    August 2018

    Questions or need more information?

    Leave phone or email for contact/ check spam folder for response
Enter

Los Angeles Office of the Public Guardian 
510 S Vermont Ave, 14th Floor 
Los Angeles, California 90020 
Phone: LPS (213) 974-0527
(213) 974- 0407
Los Angeles Mental Health Court 
5925 Hollywood Blvd 
Los Angeles, California 90028 
Fax: (442) 247-3972


San Diego Central Courthouse
1100 Union St, Dept 1902
​LPS Hearings Tuesday/Thursday 9am
San Diego, California 92101 
Phone: (619) 844-2700



San Diego
Office of the Public Conservator

5560 Overland Ave Ste 130
San Diego, California 92123
Phone: (858) 694-3500 ext 2
© 2017 LPS Conserved   ALL RIGHTS RESERVED.
  • LPS CONSERVATORSHIPS FOR THE GRAVELY DISABLED
    • ABOUT YOURS TRULY
  • LPS Conservatorship Case Law
    • THE ABSOLUTE STATE OF THE COURT OF APPEALS
    • Conservatorship of Isaac O- court report omission and jurisdiction
    • Disparate Treatment- Conservatorship of E.B
    • Conservatorship of KW- hearsay and jury instructions
    • Peremptory Challenges and Conservatorship of Gordon
    • Conservatorship of Sorenson privacy rights and LPS matters
    • Imposition of special disabilities- Conservatorship of Walker
    • Continuing Jurisdiction/Jury Instruction and Conservatorship of McKeown
    • Hearsay and conservatorship of Manton
    • Conservatorship of the Person of S.A.
    • Writ of Habeas Corpus burden of proof
    • Conservatorship of Roulet- burden of proof
    • Special disabilities and due process- Conservatorship of K.G and Donna H.
    • Conservatorship of Davis and Third party assistance
    • Marsden hearings/ due process Conservatorship of David
    • Conservatorship of Torres and admissibility
    • Jury Instruction and Conservatorship of Law
    • Conservatorship of George H- jury instruction
    • Public Conservator's Exclusive Power to Initiate LPS Conservatorship Kaplan v. Superior Court
    • Constitutionality of LPS conservatorship- Conservatorship of Delay
    • Investigation report- Conservatorship of Ivey
    • Conservatorship of Jesse G
    • Grave Disability Standard and Jury trial notice Conservatorship of Benvenuto
    • Conservatorship of Kennebrew vs Conservatorship of Karriker
    • Jury Trial Delays - Conservatorship of Joanne R.
    • Conservatorship of Hofferber- criminal incompetence and LPS
    • "Discretionary abuse" Conservatorship of G.H.
    • In re Elizabeth R- LPS Conserved Parent with a concurrent dependency case
    • Conservatorship of C.O. - Waiver of Jury Trial
    • Conservatorship of Smith and strange behaviour
    • Jury Trials- ​Conservatorship of Jose B
    • Conservatorship of Baber and Double jeopardy and third party evidence >
      • WIP- Conservatorship of Tedesco
      • Conservatorship of Symington (1989)
      • Effective Counsel
      • Faretta and Marsden
      • Exceptions: Third Party Evidence
      • Exclusionary Rule WIP
      • Fifth Amendment Rights
  • LPS Conservatorship Court Overview
    • Public Conservator >
      • Los Angeles Public Guardian
      • CONSERVATORSHIP INVESTIGATION REPORT
      • CAREER >
        • Continuing Education
        • Public Conservator County Numbers '16
        • San Diego Public Conservator '19
      • LPS Conservatorship for Dependent Parents and Minors
    • WHY ARE LPS CONSERVATORSHIP AND PROBATE CONSERVATORSHIPS DIFFERENT
    • Court of Appeals >
      • In re Ben C- Wende Brief no issue writ
    • Trial Court Transcript
    • Conservatorship Legal Documents
    • INITIAL INVOLUNTARY PROCEEDINGS >
      • Grave Disability >
        • Present Grave Disability
      • Venue
      • Conservator's Bond
      • When the Conservatee Goes AWOL
      • Involuntary Commitment
      • Conservatorship Factors
      • Riese Hearing >
        • Riese Hearing
      • Supplemental Security Income/ SSI >
        • Applying for SSI
        • Documents for SSI
        • Process and Appeal
        • Award Letter
        • Rep Payee
        • SSI Amounts 2018/2019
  • For LPS Conservatees
    • RIGHT TO APPEAR IN COURT
    • JUDICIAL REVIEW >
      • WRIT OF HABEAS CORPUS
    • NOTICE
    • MEDICATION
    • PLAN OF CARE IF DISCHARGED
    • RIGHT TO COUNSEL
  • BUILDING A STRONG CASE FOR CONSERVATORSHIP
    • POWERS OF CONSERVATOR >
      • Placement Powers
      • Medication powers
    • WHY ONLY THE PUBLIC CONSERVATOR IS ALLOWED TO FILE FOR LPS CONSERVATORSHIP
    • SERVING AS CONSERVATOR
    • DSM V DIAGNOSIS LIMITS
    • CONSERVATEE INTERVIEW
    • HISTORY OF DECOMPENSATION AND LACK OF INSIGHT
    • WRAPPING IT ALL TOGETHER AND CREATING THE NEXUS BETWEEN SYMPTOMS, HISTORY, COMPLIANCE, THIRD PARTY ASSISTANCE TO PROOF OF CURRENT GRAVE DISABILITY BEYOND A REASONABLE DOUBT
  • MAKING SENSE OF THE RULES OF EVIDENCE AND PRESENTING YOUR EVIDENCE AT TRIAL
  • JUVENILE DEPENDENCY
    • FAST TRACK DEPENDENCY
    • DEPENDENCY APPEALS
    • DETENTION
    • JURISDICTION DISPOSITION (JURIS/DISPO)
    • §366.26 Hearing: Selection and Implementation
    • 730 Evaluators
    • Case Plan
  • New Updates
    • Right to Choose