4003. Gravely Disabled Minor Explained
This is a California Jury Instructions form that can be used for Lanterman-Petris-Short Act.
Last updated: 1/30/2015
4003. "Gravely Disabled" Minor Explained Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 The term "gravely disabled" means that a minor is presently unable to use those things that are essential to health, safety, and development, including food, clothing, and shelter, even if they are provided to the minor by others, because of a mental disorder. [The term "gravely disabled" does not include mentally retarded persons by reason of being mentally retarded alone.] [[Insert one or more of the following:] [physical or mental immaturity/developmental disabilities/epilepsy/alcoholism/drug abuse/ repeated antisocial behavior/psychosis/bizarre or eccentric behavior/delusions/hallucinations/[insert other]] [is/ are] not enough, by [itself/themselves], to find that [name of respondent] is gravely disabled. [He/She] must be unable to use those things that are essential to health, safety, or development because of a mental disorder.] [If you find [name of respondent] will not take [his/her] medication without supervision and that a mental disorder makes [him/her] unable to use those things that are essential to health, safety, or development without such medication, then you may conclude [name of respondent] is presently gravely disabled. In determining whether [name of respondent] is presently gravely disabled, you may consider evidence that [he/she] did not take prescribed medication in the past. You may consider evidence of [his/her] lack of insight into [his/her] mental condition.] In considering whether [name of respondent] is presently gravely disabled, you may not consider the likelihood of future deterioration relapse of a condition. ________________________________________________________________________________ New June 2005