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Revision to FAH 302 (APPLICATION FOR 72-HOUR DETENTION AND EVALUATION AND TREATMENT) <br /> DEFINITIONS <br /> GRAVELY DISABLED <br /> irevely Disabled"means a condition in which a person,as a resuA o1 a mental disorder,is unable to provide for his or her basic <br /> personal needs for food,clothing and shelter. SECTION 5008(h)W&I CODE <br /> "Gravely Disabled Minor" means a minor who, as a result of a mental disorder,is unable to use the elements of life which are <br /> essential to health, safety, and development, Including food, clothing, and shelter, even though provided to the minor by <br /> others. SECTION 5585.25 W&I CODE <br /> Mental retardation,epilepsy,or other developmental disabilities,alcoholism,other drug abuse,or repeated antisocial behavior do not, <br /> by themselves,constitute a mental disorder. <br /> PEACE OFFICER <br /> "Peace Officer"means a duly sworn peace officer a5 that term is defined in Chapter 4.5(commencing with Section 830)of Title 3 <br /> of Part 2 of the Penal Code who has completed the basic training course established by the Commission on Peace Officer Standards <br /> and Training,or any parole officer or probation officer specified in Section 830.5 of the Penal Code when,acting in relation to cases <br /> for which he or she has a legally mandated responsibility. SECTION 5008(f)W&I CODE <br /> INSTRUCTIONS FOR SECTIONS 5152.1, 5152.2, and 5585 WIC <br /> Section 5152.1 WIC <br /> The professional person in charge of the facility providing 72-hour evaluation and treatment, or his designee, shall notify the <br /> county mental health director or his designee and the peace officer who makes the written application pursuant to Section <br /> 5150 if both of the following conditions apply: <br /> (a)The peace officer requests such notification at the time he makes the application and he certifies in writing that the person <br /> has been rafer-ed to the facility under circumstances in which a crminal charge might be filed. <br /> (b) The person admitted pursuant to such application is not detained by the facility or is detairec for a period less than <br /> the full period of allowable detention in the 72-hour facility. <br /> Aaction 5152.2`NIC <br /> ( =ach law enforcement agency within a county shalt arrange with the courty mental health director a method for giving proTct <br /> nc;iflcavc- 'p oeace --fifers pursuart to Secucn 9-152.1. <br /> Section 5585 et seq.WIC <br /> WIC Section 300 is a minor who is under the jurisdiction of the Juvenile Court because of abuse (physical or sexual), neglect <br /> or exploitation. <br /> WIC Section 601 is a minor who is adjudged a ward of the Juvenile Court because of being out,of parental control. <br /> WIC Section 602 is a minor who is adjudged a ward of the Juvenile Court because of crimes committed. <br /> Section 8102 WIC(EXCERPTS FROM) <br /> Whenever a person who has been detained or apprehended for examination of his or her mental condition or who is a person <br /> described in Section 8100 or 8103,is found to own,have in his or cher possession or under his or her control,any firearm whatsoever, <br /> or any other deadly weapon,the firearm or other deadly weapon shall be confiscated by any law entorcement agency or peace <br /> officer,who shall retain custody of the firearm or other deadly weapon. ... <br /> Where the person is released without judicial commitment,the professional person in charge of the facility, or his or her designee, <br /> shall notify the person of the procedure for the return of any firearm or other deadly weapon which may have been confiscated. <br /> Upon confiscation of any firearm or other deadly weapon from a'person who has been detained or apprehended for examination <br /> of his or her mental condition, the peace officer or law enforcement agency shall notify the person of the procedure for the <br /> return of any firearm or other deadly weapon which has been confiscated. <br /> Health facility personnel shall notify the confiscating law enforcement agency upon release of the detained person,and shall make <br /> a notation to the effect that the facility provided the required notice to the persor regarding the procedure to obtain return of any <br /> confiscated firearm. <br /> D-11 <br /> Page 5 of 5 <br />