Mental Health Appeals
Mental health appeals stem from two types of mental health proceedings - Civil and Criminal Conservatorships. These conservatorships are different from Probate Conservatorships.
In a Civil Conservatorship case, the petitioner is the Public Conservator of San Diego County Health and Human Services Agency and it is used only for people who have a psychiatric disorder so severe that it prevents them from providing for their most basic personal needs such as food, clothing, and shelter. The legal term is "gravely disabled."
In a Criminal Conservatorship case, the plaintiff is the People of the State of California and involves persons with active symptoms of severe mental illness who engage in serious criminal activity that merits prosecution and imprisonment.
The Superior Court hears both civil and criminal conservatorship proceedings only in the Central Division County Courthouse located at 1100 Union Street, San Diego, CA 92101. An appeal from an order establishing conservatorship is governed by the rules applicable to Criminal Appeals. See California Rules of Court, rules 8.304-8.368, 8.508 and 8.480. The 4th District Court of Appeal will review the decision made by the Superior Court and determine if a legal error was made in giving its decision.
For both types of conservatorship, appeals are filed in the Superior Court Appeals office located at the: