Legal Rights of Persons With Disabilities - Ossh.com

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appropriate treatment. (Welf. & Inst. Code, '' 5254.1 and 5276.) F. Involuntary Detention Beyond 14 Days After the 14-day certification period expires, a person may be involuntarily held for a longer period under certain circumstances. If a person is suicidal as a result of a mental disorder, he or she may be recertified for up to an additional 14-day period. (Welf. & Inst. Code, ' 5260.) If a person presents a demonstrated danger of inflicting substantial physical harm upon others, he or she may be confined for up to 180 days. A judicial hearing is required in order to extend the detention beyond 14 days. A person has a right to counsel and to a jury trial. If judged to be Agravely disabled@ as a result of a mental disorder, an individual may be involuntarily detained after the certification period only if conservatorship proceedings begin. (Welf. & Inst. Code, ' 5300 et seq.) G. Conservatorship Procedures A conservator is a person appointed by the court to undertake the responsibility of making decisions for the personal care of a Agravely disabled@ person (conservatee) or his or her property. A conservator has broad powers, including determining the conservatee's place of residence or the type of treatment he or she will receive. (Welf. & Inst. Code, ' 5350 et seq.) The conservatee loses the ability to make decisions on his or her own behalf and to give legally binding consent. (Welf. & Inst. Code, ' 5357.) A 30-day temporary conservatorship can be filed after the 14-day certification period if a person is gravely disabled and unwilling to accept voluntary treatment. (Welf. & Inst. Code, ' 5352.1.) During the 30- day period, an investigation is made to evaluate the person's suitability for conservatorship. Conservatorship is recommended only if there are no suitable alternatives available. A court hearing takes place before a permanent conservatorship can be established. A person is entitled to a court or jury trial to determine whether he or she is Agravely disabled.@ (Waltz v. Zumwalt (1985) 167 Cal.App.3d 835.) A person has a right to representation by an attorney. Grave disability must be proved beyond a reasonable doubt by a unanimous jury. (Conservatorship of Roulet (1979) 23 Cal.3d 219.) A court order establishing a conservatorship may be appealed, and counsel must be appointed to assist indigent clients. Conservatorships expire automatically after one year, but can be renewed. (Welf. & Inst. Code, '' 5360, 5361.) A conservator is obligated to place the conservatee in the least restrictive placement. If the conservatee cannot be placed with family or relatives, priority is given to a suitable placement near his or her family's or relatives' home. (Welf. & Inst. Code, ' 5350 et seq.; Conservatorship of Chambers (1977) 71 Cal.App.3d 277.) H. Mental Health Advocacy Programs The state Department of Mental Health has a Patients' Rights Office, which is responsible for ensuring that mental health laws, regulations, and policies on the rights of recipients of mental health services are observed in state hospitals and community care facilities. 73
The Patients' Rights Office trains county patients' rights advocates. The county patients' rights advocates may conduct investigations if there is probable cause to believe that the rights of a person with a mental disability have been violated. A client may refuse the advocate's services. 74
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Legal Rights of Persons Disabilitie
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TABLE OF CONTENTS Page INTRODUCTION
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TABLE OF CONTENTS CHAPTER 6: PARENT
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INTRODUCTION California and Federal
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2. Medical Condition The FEHA also
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$ Discrimination based on physical
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employment, including recruitment,
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If you believe that you have been d
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FEDERAL LAW The federal Fair Housin
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CHAPTER 3 NONDISCRIMINATION IN BUSI
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and uniform standards for HIV testi
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CHAPTER 4 ACCESS Access is a critic
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services, facilities, privileges, a
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General may file a civil action if
Page 30 and 31: ' 1104B.3.10-12.) d. Curbs and Side
Page 32 and 33: k. Religious Facilities The sanctua
Page 34 and 35: If a voter is unable to mark a ball
Page 36 and 37: provide appropriate signage. If a s
Page 38 and 39: accessible vehicles, but they must
Page 40 and 41: facilities. By July 26, 2010, at le
Page 42 and 43: 2. Airports Airport facilities are
Page 44 and 45: hearing and speech. (47 U.S.C. ' 22
Page 46 and 47: CHAPTER 5 EDUCATION This chapter di
Page 48 and 49: disability learn. However, special
Page 50 and 51: puts a child in a private school, t
Page 52 and 53: iv. Parents May Request Independent
Page 54 and 55: Every child with a disability who r
Page 56 and 57: c. Filing a Complaint and Holding a
Page 58 and 59: II. PRESCHOOL EDUCATION A. Children
Page 60 and 61: impairment can participate in the p
Page 62 and 63: CHAPTER 7 PROGRAMS AND SERVICES Thi
Page 64 and 65: and social independence. Services p
Page 66 and 67: disability, or veteran's allowances
Page 68 and 69: E. Decreased Energy Rates Persons w
Page 70 and 71: CHAPTER 9 HEALTH CARE The following
Page 72 and 73: People with mental or developmental
Page 74 and 75: C. Limited Right to Die The United
Page 76 and 77: institution; an adult with a develo
Page 78 and 79: 1983. (Zinermon v. Burch (1990) 494
Page 82 and 83: DIRECTORY OF SERVICES INTRODUCTION
Page 84 and 85: California: Federal: Transportation
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