Statute · California Welfare and Institutions Code

Cal. Welf. & Inst. Code § 5326.8 — Legal and Civil Rights of Persons Involuntarily Detained

Cal. Welf. & Inst. Code § 5326.8

Type
Statute
Source
California Welfare and Institutions Code
Jurisdiction
California
Date
2012-06-27
Current through
Nov 2, 2026 (California Legislative Counsel)

Under no circumstances shall convulsive treatment be performed on a minor under 12 years of age. Persons 16 and 17 years of age shall personally have and exercise the rights under this article.

Citator

Cal. Welf. & Inst. Code § 5326.8 — Legal and Civil Rights of Persons Involuntarily Detained is in force in the current edition of the Code, and nothing recorded condemns it.

Under no circumstances shall convulsive treatment be performed on a minor under 12 years of age. Persons 16 and 17 years of age shall personally have and exercise the rights under this article.

Persons 12 years of age and over, and under 16, may be administered convulsive treatment only if all the other provisions of this law are complied with and in addition:

(a) It is an emergency situation and convulsive treatment is deemed a lifesaving treatment.

(b) This fact and the need for and appropriateness of the treatment are unanimously certified to by a review board of three board-eligible or board-certified child psychiatrists appointed by the local mental health director.

(c) It is otherwise performed in full compliance with regulations promulgated by the Director of State Hospitals under Section 5326.95.

(d) It is thoroughly documented and reported immediately to the Director of Health Care Services.