5771.

1. Pursuant to Public Law 102-321, there is the California Mental Health Planning Council. The purpose of the planning council shall be to fulfill those mental health planning requirements mandated by federal law.
   
   
2. 
   
   
   1. The planning council shall have 40 members, to be comprised of members appointed from both the local and state levels in order to ensure a balance of state and local concerns relative to planning.
      
      
   2. As required by federal law, eight members of the planning council shall represent various state departments.
      
      
   3. Members of the planning council shall be appointed in such a manner as to ensure that at least one-half are persons with mental disabilities, family members of persons with mental disabilities, and representatives of organizations advocating on behalf of persons with mental disabilities. Persons with mental disabilities and family members shall be represented in equal numbers.
      
      
   4. The Director of Mental Health shall make appointments from nominees from mental health constituency organizations, which shall include representatives of consumer-related advocacy organizations, representatives of mental health professional and provider organizations, and one representative of the California Coalition on Mental Health.
      
      
3. Members should be balanced according to demography, geography, gender, and ethnicity. Members should include representatives with interest in all target populations, including, but not limited to, children and youth, adults, and older adults.
   
   
4. The planning council shall annually elect a chairperson and a vice chairperson.
   
   
5. The term of each member shall be three years, to be staggered so that approximately one-third of the appointments expire in each year.
   
   
6. In the event of changes in the federal requirements regarding the structure and function of the planning council, or the discontinuation of federal funding, the State Department of Mental Health shall propose to the Legislature modifications in the structure of the planning council that the department deems appropriate.

5771.3.

The California Mental Health Planning Council may utilize staff of the State Department of Mental Health, to the extent they are available, and the staff of any other public or private agencies that have an interest in the mental health of the public and that are able and willing to provide those services.

5771.5.

1. 
   
   
   1. The Chairperson of the California Mental Health Planning Council, with the concurrence of a majority of the members of the California Mental Health Planning Council, shall appoint an executive officer who shall have those powers delegated to him or her by the council in accordance with this chapter.
      
      
   2. The executive officer shall be exempt from civil service.
      
      
2. Within the limit of funds allotted for these purposes, the California Mental Health Planning Council may appoint other staff it may require according to the rules and procedures of the civil service system.

5772.

The California Mental Health Planning Council shall have the powers and authority necessary to carry out the duties imposed upon it by this chapter, including, but not limited to, the following:

1. To advocate for effective, quality mental health programs.
   
   
2. To review, assess, and make recommendations regarding all components of California's mental health system, and to report as necessary to the Legislature, the State Department of Mental Health, local boards, and local programs.
   
   
3. To review program performance in delivering mental health services by annually reviewing performance outcome data as follows:
   
   
   1. To review and approve the performance outcome measures.
      
      
   2. To review the performance of mental health programs based on performance outcome data and other reports from the State Department of Mental Health and other sources.
      
      
   3. To report findings and recommendations on programs' performance annually to the Legislature, the State Department of Mental Health, and the local boards.
      
      
   4. To identify successful programs for recommendation and for consideration of replication in other areas. As data and technology are available, identify programs experiencing difficulties.
      
      
4. When appropriate, make a finding pursuant to Section 5655 that a county's performance is failing in a substantive manner. The State Department of Mental Health shall investigate and review the finding, and report the action taken to the Legislature.
   
   
5. To advise the Legislature, the State Department of Mental Health, and county boards on mental health issues and the policies and priorities that this state should be pursuing in developing its mental health system.
   
   
6. To periodically review the state's data systems and paperwork requirements to ensure that they are reasonable and in compliance with state and federal law.
   
   
7. To make recommendations to the State Department of Mental Health on the award of grants to county programs to reward and stimulate innovation in providing mental health services.
   
   
8. To conduct public hearings on the state mental health plan, the Substance Abuse and Mental Health Services Administration block grant, and other topics, as needed.
   
   
9. To participate in the recruitment of candidates for the position of Director of Mental Health and provide advice on the final selection.
   
   
10. In conjunction with other statewide and local mental health organizations, assist in the coordination of training and information to local mental health boards as needed to ensure that they can effectively carry out their duties.
    
    
11. To advise the Director of Mental Health on the development of the state mental health plan and the system of priorities contained in that plan.
    
    
12. To assess periodically the effect of realignment of mental health services and any other important changes in the state's mental health system, and to report its findings to the Legislature, the State Department of Mental Health, local programs, and local boards, as appropriate.
    
    
13. To suggest rules, regulations, and standards for the administration of this division.
    
    
14. When requested, to mediate disputes between counties and the state arising under this part.
    
    
15. To employ administrative, technical, and other personnel necessary for the performance of its powers and duties, subject to the approval of the Department of Finance.
    
    
16. To accept any federal fund granted, by act of Congress or by executive order, for purposes within the purview of the California Mental Health Planning Council, subject to the approval of the Department of Finance.
    
    
17. To accept any gift, donation, bequest, or grants of funds from private and public agencies for all or any of the purposes within the purview of the California Mental Health Planning Council, subject to the approval of the Department of Finance.