California Civil Jury Instructions (CACI) (2017)

4003. "Gravely Disabled" Minor Explained

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4003.“Gravely Disabled” Minor Explained
The term “gravely disabled” means that a minor is presently unable to
use those things that are essential to health, safety, and development,
including food, clothing, and shelter, even if they are provided to the
minor by others, because of a mental disorder. [The term “gravely
disabled” does not include mentally retarded persons by reason of being
mentally retarded alone.]
[[Insert one or more of the following:] [physical or mental immaturity/
developmental disabilities/epilepsy/alcoholism/drug abuse/repeated
antisocial behavior/psychosis/bizarre or eccentric behavior/delusions/
hallucinations/[insert other]] [is/are] not enough, by [itself/themselves], to
find that [name of respondent] is gravely disabled. [He/She] must be
unable to use those things that are essential to health, safety, or
development because of a mental disorder.]
[If you find [name of respondent] will not take [his/her] medication
without supervision and that a mental disorder makes [him/her] unable
to use those things that are essential to health, safety, or development
without such medication, then you may conclude [name of respondent] is
presently gravely disabled.
In determining whether [name of respondent] is presently gravely
disabled, you may consider evidence that [he/she] did not take
prescribed medication in the past. You may consider evidence of [his/
her] lack of insight into [his/her] mental condition.]
In considering whether [name of respondent] is presently gravely
disabled, you may not consider the likelihood of future deterioration
relapse of a condition.
New June 2005
Directions for Use
Read the bracketed sentence at the end of the first paragraph if appropriate to the
facts of the case.
The principle regarding the likelihood of future deterioration may not apply in
cases where the respondent has no insight into his or her mental disorder.
(Conservatorship of Walker (1989) 206 Cal.App.3d 1572, 1576–1577 [254 Cal.Rptr.
552].)
If there is evidence concerning the availability of third parties that are willing to
provide assistance to the proposed conservatee, see CACI No. 4008, Third Party
Assistance to Minor.
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Sources and Authority
• “Gravely Disabled Minor” Defined. Welfare and Institutions Code section
5585.25.
• “[T]he actual commitment of a mentally disordered minor who is also a ward of
the juvenile court can be accomplished only in accordance with the LPS Act.”
(In re Michael E. (1975) 15 Cal.3d 183, 189 [123 Cal.Rptr. 103, 538 P.2d
231].)
• “The actual commitment of a minor ward of a juvenile court to a state hospital
can be lawfully accomplished only through the appointment of a conservator
who is vested with authority to place the minor in such a hospital. Such
conservator may be appointed only for a ‘gravely disabled’ minor who is
entitled to a jury trial on the issue whether he is in fact ‘gravely disabled.’
Conservatorship shall be recommended to the court only if, on investigation, no
suitable alternatives are available. The conservator’s proposed powers and duties
are to be recommended to the court. A conservator may commit the minor to a
medical facility, including a state hospital, only when specifically authorized by
the court. Conservatorships automatically terminate at the end of one year, and
every six months a conservatee may petition for a rehearing as to his status.
Finally, the entertainment of a petition for conservatorship is a function of the
superior and not the juvenile court.” (In re Michael E., supra, 15 Cal.3d at pp.
192–193, internal citations and footnotes omitted.)
• “Although a minor may not be legally responsible to provide for his basic
personal needs, or may suffer disabilities other than a mental disorder which
preclude him from so providing, the [statutory] definition is nevertheless
applicable. A minor is ‘gravely disabled’ within the meaning of section 5008,
subdivision (h)(1), when the trier of fact, on expert and other testimony, finds
that disregarding other disabilities, if any, the minor, because of the further
disability of a mental disorder, would be unable to provide for his basic
personal needs. Immaturity, either physical or mental when not brought about
by a mental disorder, is not a disability which would render a minor ‘gravely
disabled’ within the meaning of section 5008.” (In re Michael E., supra, 15
Cal.3d at p. 192, fn. 12.)
Secondary Sources
3 Witkin, California Procedure (5th ed. 2008) Actions, §§ 90, 97
Ross, California Practice Guide: Probate, Ch. 1-B, Premortem Planning, ¶ 1:112 et
seq. (The Rutter Group)
2 California Conservatorship Practice (Cont.Ed.Bar) § 23.16
28 California Forms of Pleading and Practice, Ch. 329, Juvenile Courts:
Delinquency Proceedings, § 329.73 (Matthew Bender)
32 California Forms of Pleading and Practice, Ch. 361A, Mental Health and
Mental Disabilities: Judicial Commitment, Health Services, and Civil Rights,
§§ 361A.42, 361A.45 (Matthew Bender)
CACI No. 4003 LANTERMAN-PETRIS-SHORT ACT
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0010