Civic Center, Hall of Justice, Room 113
8:30am - 3:30pm
Commitments of Developmentally Challenged Persons
California Welfare and Institutions Code, starting at section 6500, sets forth the conditions under which
a developmentally challenged individual may be committed to the State Department of Developmental Services
for care and treatment, when found to be a danger to him or herself or others and/or incompetent to stand
trial for a criminal offense.
Once the Court orders the commitment of a developmentally challenged individual, the commitment order will
automatically expire after one year. If further commitment is determined to be necessary, subsequent petitions
for commitment may be filed in the same manner as the original petition.
Establishment of Fact of Birth, Death or Marriage
Based on evidence presented at hearing, the Court may make findings to establish the fact of a birth, death
or marriage where such event has not been officially recorded or other official documentation cannot be
obtained. In addition, the Court will typically establish the date of the event and will notify, by certified
copy, California Department of Public Health, Office of Vital Records.
The Court may approve the terms of an agreement to settle a claim by a child, usually involving an injury.
Riese (Mental Capacity) Hearings
California Welfare and Institutions Code, starting at section 5332, sets forth a procedure in which a licensed
physician may request a hearing to determine whether a person involuntarily committed to a mental health facility
who refuses antipsychotic medication has the capacity to make rational decisions about his own medical treatment.
If the hearing officer determines that the patient does not have this capacity, he may be ordered by the Court
to take the prescribed medication. County Counsel files the petition on behalf of the medical provider. Because
of the urgent nature of these petitions, hearings are typically scheduled at the mental health facility within
24 hours of the physician's request.
The Probate Court has jurisdiction over the following types of matters:
- Decedent's Estate and Trusts
- Conservatorships [including Limited Conservatorships (developmentally disabled persons) and
Lanterman-Petris-Short Act (LPS) Conservatorships)]
- Other Probate Case Types (including Commitments of Developmentally Challenged Persons; Establishment
of Fact of Birth, Death or Marriage; Minor's Compromise; and Riese Hearings)