Kuyper

Facts

The California Legislature enacted the Lanterman-Petris-Short Act (LPSA) in 1967. (Welf. & Inst. Code, § 5000 et seq.) 1 The LPSA instituted new procedures for involuntary detention and treatment of persons who are mentally disordered, developmentally disabled or impaired by chronic alcoholism. Orange County does not have a county hospital suitable for this purpose. Therefore, private hospitals have been designated by the county to serve as evaluation and treatment facilities under the LPSA. The hospitals *1088 are St. Joseph Hospital of Orange, Hoag Memorial-Presbyterian, Brea Hospital Neuropsychiatric Center and University of California Irvine Medical Center. All are petitioners in this action except U.C. Irvine, which intervened on the side of the petitioners. These hospitals customarily receive payment from patients rather than from state or county funds.

Whether a facility is publicly or privately owned, the procedure for involuntary confinement is the same. A person who is a danger to himself or herself or others, or gravely disabled may be taken into custody and placed in a designated facility for 72 hours. During the 72-hour period an evaluation is made.…