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BHAB and State-Mandated Responsibilities

Last updated on May 10, 2021

The following are excerpts of key California Welfare and Institutions Code (WIC) provisions that mandate responsibilities of county Behavioral Health Advisory Boards.

WIC 5604.2(a)Local mental health board responsibilities:

  1. Review and evaluate the community’s mental health needs, services, facilities, and special problems.
  2. Review any county agreements entered into pursuant to Section 5650.
  3. Advise the governing body and the local mental health director as to any aspect of the local mental health program.
  4. Review and approve the procedures used to ensure citizen and professional involvement at all stages of the planning process.
  5. Submit an annual report to the governing body on the needs and performance of the county’s mental health system.
  6. Review and make recommendations on applicants for the appointment of a local director of mental health services. The board shall be included in the selection process prior to the vote of the governing body.
  7. Review and comment on the county’s performance outcome data and communicate its findings to the California Mental Health Planning Council. (Data Notebooks)
  8. Nothing in this part shall be construed to limit the ability of the governing body to transfer additional duties or authority to a mental health board.

WIC 5604.2(b)Assessing impact of realignment

  1. …shall assess the impact of the realignment of services from the state to the county, on services delivered to clients and on the local community.

WIC 5848Public hearing on MHSA plans and updates

  1. …conducts a public hearing on the county’s MHSA Three Year Program and Expenditure Plan and Annual Update.

WIC 5650County MHSA performance and other contracts

  1. The State Department of Health Care Services and each county shall have a performance contract for community mental health services, the Mental Health Services Act, the Projects for Assistance in Transition from Homelessness grant, the Community Mental Health Services Block Grant, and other federal grants or other county mental health programs.
  2. The department shall develop the county mental health services performance contract, which shall be effective for an initial period of three years. The department shall provide the three-year performance contract to the county by January 2 of the year the existing performance contract expires. The county shall adopt, execute, and return the performance contract by May 1 of the year the existing contract expires.
  3. The department may extend the term of the contract for two one-year periods. If the department extends the term of the performance contract, the department shall notify the county by January 2 of the year the existing performance contract expires. The county shall adopt, execute, and return the extension to the performance contract by May 1 of the year the existing contract expires.
  4. The department may amend the contract at any time during the term of the contract and the county shall have 90 days from receipt of an amendment to adopt, execute, and return the amendment to the department.
  5. For the purposes of this chapter, provisions of law referring to the county shall be construed to include counties, counties acting jointly, and cities receiving funds pursuant to Section 5701.5.
    (Repealed and added by Stats. 2018, Ch. 424, Sec. 13. (SB 1495) Effective January 1, 2019.)

See also:
WIC 5600 – 5772 – The Bronzan-McCorquodale Act (entire code)
WIC 5604 – Board member composition

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