YORBA LINDA : City Can’t Revoke Charter of Psychiatric Hospital

The city has no authority to prevent a local psychiatric hospital from accepting patients who are brought in against their will by police officers, city officials said this week.

The Bastanchury Road facility now owned by Charter Behavioral Health System of Southern California originally was approved in 1969 as a community hospital offering surgery and other treatment for physical health problems.

But Charter is not violating the city code by now exclusively offering mental health treatment, because state law prevents cities from distinguishing between physical and mental illnesses when granting hospital permits, said Patricia Haley, the city’s community development director.

“The hospital remains a hospital use authorized by the original permit, and the city has no authority to add additional conditions,” Haley said in a report Tuesday to the City Council.

The question of revoking Charter’s permit was raised after two patients broke out of the hospital Jan. 24 and vandalized several local businesses.

The patients, a 37-year-old man and a 27-year-old woman, were brought to Charter by Fullerton police, who determined that they were a danger to themselves and the community.

Although the two were kept in an area that was supposed to be secure, they escaped by breaking the window in a locked door.

Residents living across the street from the hospital said Charter had acted irresponsibly by not maintaining a secure area for patients admitted involuntarily, but hospital officials said the safety equipment malfunctioned.

“The situation . . . was created by the malfunction of a specially laminated safety-plate-glass door,” said Edward C. Morton Jr., Charter’s chief executive officer.

“Instead of shattering in place, the safety glass popped out of the frame, which allowed the patient to leave.”

Morton added that the hospital has since replaced the door with a steel door.