CACI No. 4001. “Mental Disorder” Explained

Judicial Council of California Civil Jury Instructions (2020 edition)

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4001.“Mental Disorder” Explained
The term “mental disorder” is limited to those disorders described in the
Diagnostic and Statistical Manual of Mental Disorders of the American
Psychiatric Association. This book is sometimes referred to as “the DSM
[current edition, e.g., “IV”].”
New June 2005
Directions for Use
This instruction is not intended for cases proceeding on a theory of impairment by
chronic alcoholism only.
Sources and Authority
“The term ‘mental disorder’ is limited to those disorders listed by the American
Psychiatric Association in its Diagnostic and Statistical Manual of Mental Disorders
(Cal. Admin. Code, tit. 9, § 813).” (Conservatorship of Chambers (1977) 71
Cal.App.3d 277, 282, fn. 5 [139 Cal.Rptr. 357].) “Although this [administrative]
regulation has since been repealed, the practice has been to continue using the same
definition.” (California Conservatorship Practice (Cont.Ed.Bar) § 23.11.)
Secondary Sources
3 Witkin, California Procedure (5th ed. 2008) Actions, § 97
2 California Conservatorship Practice (Cont.Ed.Bar) § 23.11
32 California Forms of Pleading and Practice, Ch. 361A, Mental Health and Mental
Disabilities: Judicial Commitment, Health Services, and Civil Rights, § 361A.33
(Matthew Bender)
979
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