(a) In any county or group of counties where services are available as provided in Section 5348, a court may order a person who is the subject of a petition filed pursuant to this section to obtain assisted outpatient treatment if the court finds, by clear and convincing evidence, that the facts stated in the verified petition filed in accordance with this section are true and establish that all of the requisite criteria set forth in this section are met, including, but not limited to, each of the following: (1) The person is 18 years of age or older. (2) The person is experiencing a mental illness as defined in paragraphs (2) and (3) of subdivision (b) of Section 5600.3. (3) There has been a clinical determination that, in view of the personâs treatment history and current behavior, at least one of the following is true: (A) The person is unlikely to survive safely in the community without supervision and the personâs condition is substantially deteriorating. (B) The person is in need of assisted outpatient treatment in order to prevent a relapse or deterioration that would be likely to result in grave disability or serious harm to the person or to others, as defined in Section 5150. (4) The person has a history of lack of compliance with treatment for the personâs mental illness, in that at least one of the following is true: (A) The personâs mental illness has, at least twice within the last 36 months, been a substantial factor in necessitating hospitalization, or receipt of services in a forensic or other mental health unit of a state correctional facility or local correctional facility, not including any period during which the person was hospitalized or incarcerated immediately preceding the filing of the petition. (B) The personâs mental illness has resulted in one or more acts of serious and violent behavior toward themselves or another, or threats, or attempts to cause serious physical harm to themselves or another within the last 48 months, not including any period in which the person was hospitalized or incarcerated immediately preceding the filing of the petition. (5) The person has been offered an opportunity to participate in a treatment plan by the director of the local mental health department, or the directorâs designee, provided the treatment plan includes all of the services described in Section 5348, and the person continues to fail to engage in treatment. (6) Participation in the assisted outpatient treatment program would be the least restrictive placement necessary to ensure the personâs recovery and stability. (7) It is likely that the person will benefit from assisted outpatient treatment. (b) (1) A petition for an order authorizing assisted outpatient treatment may be filed by the county behavioral health director, or the directorâs designee, in the superior court in the county in which the person who is the subject of the petition is present or reasonably believed to be present. (2) A request may be made only by any of the following persons to the county mental health department for the filing of a petition to obtain an order authorizing assisted outpatient treatment: (A) A person 18 years of age or older with whom the person who is the subject of the petition resides. (B) A person who is the parent, spouse, or sibling or child 18 years of age or older of the person who is the subject of the petition. (C) The director of a public or private agency, treatment facility, charitable organization, or licensed residential care facility providing mental health services to the person who is the subject of the petition in whose institution the subject of the petition resides. (D) The director of a hospital in which the person who is the subject of the petition is hospitalized. (E) A licensed mental health treatment provider who is either supervising the treatment of, or treating for a mental illness, the person who is the subject of the petition. (F) A peace officer, parole officer, or probati
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