California Code of Regulations
Title 9 - Rehabilitative and Developmental Services
Division 1 - Department of Mental Health
Chapter 4.5 - Patients' Rights and Related Procedures for Non-Lanterman-Petris-Short Act Patients in Department of Mental Health Facilities
Article 3 - General Limitations Applicable to Non-LPS Patients
Section 893 - Property Transfer Between Patients
Universal Citation: 9 CA Code of Regs 893
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Each State Hospital may prohibit patients from buying, selling, trading, or gifting property between patients of that state hospital. To determine if the hospital will prohibit the buying, selling, trading, or gifting of property between patients, the hospital executive staff will weigh the factors in Section (a)(2)(B) as they apply to the hospital as a whole.
(1) If the buying, selling,
trading, or gifting of property is prohibited at the state hospital, state hospital
staff will confiscate property found in the possession of a patient identified as
having been bought, traded, or gifted.
(A) Either
before or after confiscation, in order to determine whether property found in the
possession of a patient has been bought, traded, or gifted, in violation of the
prohibition, the patient will be asked to verify property ownership, by means of
property receipts, Property Transfer Forms referenced in subsection (a)(2)(A), or
any other means available. If the patient demonstrates they did not violate the
prohibition, then the patient will retain the property, and if confiscated, hospital
staff will return that property to the patient.
(B) The patient's treatment team will arrange for
the return of the confiscated property to the original owner who sold, traded or
gifted the property, if identified and the confiscated property is not contraband,
illegal, or otherwise prohibited on state hospital grounds.
(C) If the original owner, who sold, traded or
gifted the property is not identified, the confiscated property will be deemed as
unidentified property.
(D) If a patient
contests property confiscation under subdivision (a)(1), the patient may submit a
written request within 10 working days of the date of confiscation, stating what
property was confiscated, and that they are requesting a review to the program
director, or designee.
1. The program director, or
designee, will respond to the written request of the patient within 30 calendar
days.
2. If the program director or
designee finds the property was not transferred in violation of the prohibition,
then the program director or designee will approve the request and the state
hospital will return the property to the patient from which it was
confiscated.
(2)
If the buying, selling, trading, or gifting of property is permitted, that
permission will be based upon the following processes and considerations:
(A) The patients involved in the transfer must
mutually agree on the transfer of the property. Written requests to transfer
property will be submitted on the Property Transfer Form 9269 (New 8/22), hereby
incorporated by reference, to each patient's treatment team or unit supervisor. The
treatment team or unit supervisor will obtain written confirmation of the patient's
agreement to transfer from both the donating and the receiving patient.
(B) To determine the appropriateness of the
transfer, the treatment team for each patient will consider the following factors:
1. Competency and cognitive functioning of the
involved patients;
2. Identified
behaviors, risk factors, and history of the involved patients;
3. Safety or security risks associated with the
transaction and needs of the facility;
4. Health concerns of the involved
patients;
5. Sanitation concerns of the
involved patients or facility;
6.
Infection control considerations;
7.
Physical space limitations of the facility, including fire code restrictions and
regulations; and,
8. Environmental
health guidelines.
9. Multiple requests
to or from the same patient or individuals not committed to the facility;
10. The fair-market value of the item(s);
and,
11. The number of items in one
transfer.
(D) The treatment
team or unit supervisor review of the request to buy, sell, trade, or gift property
will be approved or denied by the program director, or designee within 30 calendar
days.
(E) If approved, the treatment
team or unit supervisor will document the approval and date of property
transfer.
(3) Patients are
not allowed to buy, sell, trade, or gift food items to other patients.
1. New section filed 1-17-2023; operative 4-1-2023 (Register 2023, No. 3). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.
Note: Authority cited: Sections 4005.1, 4101 and 4109, Welfare and Institutions Code. Reference: Section 4109, Welfare and Institutions Code.
Disclaimer: These regulations may not be the most recent version. California may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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