5972. An individual shall qualify for the CARE process only if all of the following criteria are met: (a) The person is 18 years of age or older. (b) The person is currently experiencing a severe mental illness, as defined in paragraph (2) of subdivision (b) of Section 5600.3 and has a diagnosis identified in the disorder […]
5973. (a) Proceedings under this part may be commenced in any of the following: (1) The county in which the respondent resides. (2) The county where the respondent is found. (3) The county where the respondent is facing criminal or civil proceedings. (b) If the respondent does not reside in the county in which proceedings are initiated under this subdivision, […]
5974. The following adult persons may file a petition to initiate the CARE process: (a) A person with whom the respondent resides. (b) A spouse, parent, sibling, child, or grandparent or other individual who stands in loco parentis to the respondent. (c) The director of a hospital, or their designee, in which the respondent is hospitalized, including hospitalization […]
5975. The Judicial Council shall develop a mandatory form for use to file a CARE process petition with the court and any other forms necessary for the CARE process. The petition shall be signed under the penalty of perjury and contain all of the following: (a) The name of the respondent and, if known, the respondent’s […]
5975.1. Notwithstanding Section 391 of the Code of Civil Procedure, if a person other than the respondent files a petition for CARE Act proceedings that is without merit or is intended to harass or annoy the respondent, and the person has previously filed a pleading in CARE Act proceedings that was without merit or was […]
5976. The respondent shall: (a) Receive notice of the hearings. (b) Receive a copy of the court-ordered evaluation. (c) Be entitled to be represented by counsel at all stages of a proceeding commenced under this chapter, regardless of the ability to pay. (d) Be allowed to have a supporter, as described in Section 5982. (e) Be present at the hearing […]
5976.5. (a) Notwithstanding any other law, and except as otherwise provided in this section, a hearing held under this part is presumptively closed to the public. (b) The respondent may demand that the hearing be public and be held in a place suitable for attendance by the public. (c) The respondent may request the presence of any family […]
5977. (a) (1) The court shall promptly review the petition to determine if the petitioner has made a prima facie showing that the respondent is, or may be, a person described in Section 5972. (2) If the court finds that the petitioner has not made a prima facie showing that the respondent is, or may be, a person […]
5977.1. (a) (1) At the case management hearing, the court shall hear evidence as to whether the parties have entered, or are likely to enter, into a CARE agreement. (2) If the court finds that the parties have entered, or are likely to enter, into a CARE agreement, the court shall do both of the following: (A) Approve the […]
5977.2. (a) (1) At intervals set by the court, but not less frequently than 60 days after the court orders the CARE plan, the court shall hold a status review hearing. The county behavioral health agency shall file with the court and serve on the respondent, and the respondent’s counsel and supporter, a report not fewer than […]
5977.3. (a) (1) In the 11th month of the program timeline, the court shall hold a one-year status hearing. Not fewer than five court days prior to the one-year status hearing, the county behavioral health agency shall file a report with the court and shall serve the report on the respondent and the respondent’s counsel and supporter. […]
5977.4. (a) In all CARE Act proceedings, the judge shall control the proceedings during the hearings with a view to the expeditious and effective ascertainment of the jurisdictional facts and the ascertainment of all information relative to the present condition and future welfare of the respondent. Except when there is a contested issue of fact or […]
5978. (a) A court may refer an individual from assisted outpatient treatment, as well as from conservatorship proceedings pursuant Chapter 3 (commencing with Section 5350) of Part 1 of Division 5 (LPS conservatorship) to CARE Act proceedings. If the individual is being referred from assisted outpatient treatment, the county behavioral health director or their designee shall […]
