PART 8. The Community Assistance, Recovery, and Empowerment Act [5970. - 5987.]
Part 8 added by Stats. 2022, Ch. 319, Sec. 7.
§§ 5970–5987 · 30 sections
CHAPTER 1. General Provisions §§ 5970–5971 · 3 sections
- § 5970 This part shall be known, and may be cited, as the Community Assistance, Recovery, and Empowerment (CARE) Act.
- § 5970.5 This part shall be implemented as follows, with technical assistance and continuous quality improvement, pursuant to Section 5983: (a) A first cohort of…
- § 5971 Unless the context otherwise requires, the following definitions shall govern the construction of this part. (a) “CARE agreement” means a voluntary settlement…
CHAPTER 2. Process §§ 5972–5978.2 · 17 sections
- § 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…
- § 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…
- § 5974 The following adult persons may file a petition to commence the CARE process: (a) A person with whom the respondent resides. (b) A spouse, parent, sibling,…
- § 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.…
- § 5975.1 (a) 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…
- § 5975.2 CARE Act proceedings may be conducted by a superior court judge or by a court-appointed commissioner or other subordinate judicial officer.
- § 5975.3 There shall be no fee for filing under this chapter nor shall any fees be charged by any public officer for services in filing or serving papers or for the…
- § 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…
- § 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)…
- § 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…
- § 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.…
- § 5977.2 (a) (1) At intervals set by the court and not less frequently than every 60 days after the court orders the CARE plan, the court shall hold a status review…
- § 5977.3 (a) (1) In the 11th month of the process timeline, the court shall hold a one-year status hearing. Not fewer than five court days prior to the one-year status…
- § 5977.4 (a) In all CARE Act proceedings, the judicial officer shall control the proceedings during the hearings with a view to the expeditious and effective…
- § 5978 (a) A court may refer an individual from assisted outpatient treatment, from conservatorship proceedings pursuant to Chapter 3 (commencing with Section 5350)…
- § 5978.1 (a) For purposes of this section, “facility” means a facility that provides assessment, evaluation, and crisis intervention pursuant to subdivision (a) of…
- § 5978.2 (a) (1) If a petition to initiate CARE Act proceedings has been filed based on a referral pursuant to Section 5978, the CARE Act court and the referring court…
CHAPTER 3. Accountability § 5979 · 1 section
- § 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…
CHAPTER 4. Supporter and Counsel §§ 5980–5981.5 · 3 sections
- § 5980 (a) Subject to appropriation, the department, in consultation with disability rights groups, county behavioral health and aging agencies, individuals with…
- § 5981 (a) Notwithstanding any other provision of this part, the respondent may have a supporter present in any meeting, judicial proceeding, status hearing, or…
- § 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…
CHAPTER 5. CARE Plan § 5982 · 1 section
- § 5982 (a) The CARE plan may include only the following: (1) Behavioral health services funded through the 1991 and 2011 Realignment, Medi-Cal behavioral health,…
CHAPTER 6. Technical Assistance and Administration §§ 5983–5987 · 5 sections
- § 5983 (a) The California Health and Human Services Agency, or a designated department within the agency, shall do both of the following: (1) Engage an independent,…
- § 5984 (a) For purposes of implementing this part, the California Health and Human Services Agency and the department may enter into exclusive or nonexclusive…
- § 5985 (a) (1) The department shall develop, in consultation with county behavioral health agencies, other relevant state or local government entities, disability…
- § 5986 (a) An independent, research-based entity shall be retained by the department to develop, in consultation with county behavioral health agencies, county CARE…
- § 5987 A county, or an employee or agent of a county, shall not be held civilly or criminally liable for any action by a respondent in the CARE process, except when…