Welf. & Inst. Code, § 5326.8 · Article 7. Legal and Civil Rights of Persons Involuntarily Detained
Welf. & Inst. Code, § 5326.8
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
Under no circumstances shall convulsive treatment be performed on a minor under 12 years of age. Persons 16 and 17 years of age shall personally have and exercise the rights under this article.
Persons 12 years of age and over, and under 16, may be administered convulsive treatment only if all the other provisions of this law are complied with and in addition:
(a) It is an emergency situation and convulsive treatment is deemed a lifesaving treatment.
(b) This fact and the need for and appropriateness of the treatment are unanimously certified to by a review board of three board-eligible or board-certified child psychiatrists appointed by the local mental health director.
(c) It is otherwise performed in full compliance with regulations promulgated by the Director of State Hospitals under Section 5326.95.
(d) It is thoroughly documented and reported immediately to the Director of Health Care Services.
Notes and commentary — not statutory text
History
Amended by Stats. 2012, Ch. 34, Sec. 90. (SB 1009) Effective June 27, 2012.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=WIC§ionNum=5326.8.
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Welfare and Institutions Code
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