Report 2019-119 Recommendation Responses
Report 2019-119: Lanterman-Petris-Short Act: California Has Not Ensured That Individuals With Serious Mental Illnesses Receive Adequate Ongoing Care (Release Date: July 2020)
Recommendation for Legislative Action
To protect the privacy of individuals who are the subject of conservatorship proceedings, the Legislature should amend state law to explicitly prohibit these proceedings from being open to the public unless the subjects of the proceedings direct otherwise.
Description of Legislative Action
SB 578 (Chapter 389, Statutes of 2021) requires a conservatorship hearing to be presumptively closed to the public if that hearing involves the disclosure of confidential information, and authorizes the individual who is the subject of the proceeding to demand that the hearing be public and be held in a place suitable for attendance by the public. A judge, hearing officer, or other person conducting the hearing is authorized to grant a request by any other party to the proceeding to make the hearing public if the judge, hearing officer, or other person conducting the hearing finds that the public interest in an open hearing clearly outweighs the individual's interest in privacy. "Hearing" for these purposes is defined to mean any proceeding conducted under the LPS Act.
- Legislative Action Current As-of: November 2021
California State Auditor's Assessment of Annual Follow-Up Status: Legislation Enacted
Description of Legislative Action
SB 578 (Jones, 2021) would require a conservatorship hearing to be presumptively closed to the public, but would authorize the individual who is the subject of the proceeding to demand that the hearing be public, and be held in a place suitable for attendance by the public. The bill would also authorize a judge, hearing officer, or other person conducting the hearing to grant a request by any other party to the proceeding to make the hearing public if the judge, hearing officer, or other person conducting the hearing finds that the public interest in an open hearing clearly outweighs the individual's interest in privacy. The bill would define "hearing" for these purposes to mean any proceeding conducted under the LPS Act.
- Legislative Action Current As-of: July 2021
California State Auditor's Assessment of 1-Year Status: Legislation Introduced
Description of Legislative Action
As of January 28, 2021, the Legislature has not taken action to address this specific recommendation.
- Legislative Action Current As-of: January 2021
California State Auditor's Assessment of 6-Month Status: No Action Taken
Description of Legislative Action
As of September 28, 2020, the Legislature has not taken action to address this specific recommendation.
- Legislative Action Current As-of: October 2020