California Civil Jury Instructions (CACI)
4011. History of Disorder Relevant to the Determination of Grave Disability
You must consider information about the history of [name of respondent]'s alleged mental disorder if you believe this information has a direct bearing on whether [he/she] is presently gravely disabled as a result of a mental disorder. Such information may include testimony from persons who have provided, or are providing, mental health or related support services to [name of respondent], [his/her] medical records, including psychiatric records, or testimony from family members, [name of respondent], or any other person designated by [name of respondent].
You must not consider any evidence that you believe is irrelevant because it occurred either too long ago or under circumstances that are not similar to those involved in this case.
Sources and Authority
Welfare and Institutions Code section 5008.2(a) provides: "When applying the definition of mental disorder . . . , the historical course of the person's mental disorder, as determined by available relevant information about the course of the person's mental disorder, shall be considered when it has a direct bearing on the determination of whether the person is a danger to others, or to himself or herself, or is gravely disabled, as a result of a mental disorder. The historical course shall include, but is not limited to, evidence presented by persons who have provided, or are providing, mental health or related support services to the patient, the patient's medical records as presented to the court, including psychiatric records, or evidence voluntarily presented by family members, the patient, or any other person designated by the patient. Facilities shall make every reasonable effort to make information provided by the patient's family available to the court. The hearing officer, court, or jury shall exclude from consideration evidence it determines to be irrelevant because of remoteness of time or dissimilarity of circumstances."
2 California Conservatorship Practice (Cont.Ed.Bar 2005), § 23.84
26 California Forms of Pleading and Practice, Ch. 304, Insane and Other Incompetent Persons, Part I, "Lanterman-Petris-Short Act and Related Proceedings" (Matthew Bender)
(New June 2005)