US Lawyer Database

Section 5977.3.

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. […]

Section 5977.4.

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 […]

Section 5978.

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 […]

Section 5979.

5979. (a) (1) If, at any time during the proceedings, the court determines by clear and convincing evidence that the respondent is not participating in the CARE process, after the respondent receives notice, or is not adhering to their CARE plan, after the respondent receives notice, the court may terminate the respondent’s participation in the CARE process. […]

Section 5980.

5980. (a) Subject to appropriation, the department, in consultation with disability rights groups, county behavioral health and aging agencies, individuals with lived expertise, families, racial justice experts, and other appropriate stakeholders, shall provide optional training and technical resources for volunteer supporters on the CARE process, community services and supports, supported decisionmaking, people with behavioral health conditions, […]

Section 5981.

5981. (a) Notwithstanding any other provision of this part, the respondent may have a supporter present in any meeting, judicial proceeding, status hearing, or communication related to any of the following: (1) An evaluation. (2) Development of a CARE agreement or CARE plan. (3) Establishing a psychiatric advance directive. (4) Development of a graduation plan. (b) A supporter is intended to […]

Section 5981.5.

5981.5. (a) The Legal Services Trust Fund Commission at the State Bar shall provide funding to qualified legal services projects, as defined in Sections 6213 to 6214.5, inclusive, of the Business and Professions Code, to be used to provide legal counsel appointed pursuant to subdivision (c) of Section 5976, for representation in CARE Act proceedings, matters […]

Section 5973.

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, […]

Section 5974.

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 […]

Section 5975.

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 […]