By Janet Phelan
It’s official. The right to due process is now superseded by a form.
That’s right. California can strip you of your right to free movement, your right of association and most of your freedoms should a doctor see fit to check number 14 k on this form. No more messy 5150 holds, no more civil commitments or court oversight. No unpleasant guardianship proceedings with even more unpleasant family members. Just some doc in an office wielding a pen.
The form is LIC 602 A and is reproduced here https://www.cdss.ca.gov/cdssweb/entres/forms/english/lic602a.pdf
California has made some efforts to provide legal proceedings and protections for those whose competency is questioned. There are 72-hour holds, which can be extended through legal means. There are conservatorships, which have received some media scrutiny of late and may be rife with further abuses, including documented concerns that probate court judges are violating the law in order to keep the very lucrative business of conserving the elderly and disabled well oiled and bringing in the big bucks. Civil commitments also necessitate legal proceedings.
But not form LIC 602 A.
On the face of things, California protects the rights of those in all residential facilities. Title 22 of the California code states that
§ 87468.1. Personal Rights of Residents In all Facilities.
“(6) To leave or depart the facility at any time and to not be locked into any room, building, or on facility premises by day or night. This does not prohibit a licensee from establishing house rules, such as locking doors at night to protect residents, or barring windows against intruders, with permission from the Department”
But if you think that this covers the Constitutional bases, think again. Title 22 provides a mitigation of these rights in § 87705, which delineates further protocols for those who have been diagnosed with dementia, including
(i) The licensee may use wrist bands or other egress alert devices worn by the resident, with the prior written approval of the resident or conservator, provided that such devices do not violate the resident’s rights as specified in Section 87468, Personal Rights.
(j) The licensee shall have an auditory device or other staff alert feature to monitor exits, if exiting presents a hazard to any resident.
(k) The following initial and continuing requirements must be met for the licensee to utilize delayed egress devices on exterior doors or perimeter fence gates
A delayed egress device means that if a resident tries to leave, he will not be able to.
“We don’t license locked facilities,” insisted Community Care Licensing (CCL) manager Sean Weston in a conversation this week. He insisted that a delayed egress device, which generally prohibits someone from leaving and/or produces an alarm if an attempt to leave occurs, is not the same as locking someone up.
Weston also admitted that CCL issues “waivers” should a facility find the need to further restrict the liberties of residents.
So not only does a doctor have the authority and power to deprive someone of his liberty, but this can also be granted by a nameless bureaucrat in a government office.
Recently, an investigator from CCL went out when a resident managed to escape from a facility with “delayed egress devices.” It should be noted that the resident returned on his own volition within a few hours, hardly the profile of someone who is disoriented and can’t find his way home.
We certainly want to make sure that those who are disoriented or confused do not wander away. However, a recent comment by someone who is locked up in Leisure Gardens Assisted Living in Lancaster may put the issue into a better perspective. His name is being withheld from this report due to concerns about retaliation and his current vulnerability. In a conversation this week, he said to me, “Something most foul is happening here,” he told me. “There are higher powers involved in locking people up and stealing their inheritances.”
An attorney with California Disability Rights, Lauren Giardana, put it rather delicately when she wrote … “I cannot weigh in on whether the CDSS forms are being used as informal conservatorships.”
A request has been lodged with the California Assembly Committee on Aging to review the Constitutionality of form LIC 602 A. Repeated inquiries sent to the California Department of Social Services, which has issued the form, have not been responded to.
Janet Phelan has been on the trail of the biological weapons agenda since the new millennium. Her book on the pandemic, At the Breaking Point of History: How Decades of US Duplicity Enabled the Pandemic, has been published in 2021 by Trine Day and is available on Amazon and elsewhere. Her articles on this issue have appeared in Activist Post, New Eastern Outlook, Infowars and elsewhere. Educated at Grinnell College, UC Berkeley and the University of Missouri Graduate School of Journalism, Janet “jumped ship” and since 2004 has been writing exclusively for independent media. Her articles previously appeared in the Los Angeles Times, Oui Magazine, Orange Coast Magazine, the Long Beach Press Telegram, the Santa Monica Daily Press and other publications. She is the author of the groundbreaking expose, EXILE and two books of poetry. She resides abroad. You may follow Janet on Parler here @JanetPhelan and Twitter @JanetPhelan14. To support her work, please go to JanetPhelan.
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