Section 5122.39 | Guardianship of mentally ill persons.
(A) Minors with mental illnesses shall remain under the natural guardianship of their parents, notwithstanding hospitalization pursuant to this chapter, unless parental rights have been terminated pursuant to a court finding that the minor is neglected or dependent. Where a minor with a mental illness is found to be dependent or neglected, the public children's services agency in the county of residence has final guardianship authority and responsibility.
(B) In no case shall the guardianship of a person with a mental illness be assigned to the chief medical officer or any staff member of a hospital, board, or provider from which the person is receiving mental health services.
Last updated March 10, 2023 at 1:02 PM