CHAPTER 2. Process
Chapter 2 added by Stats. 2022, Ch. 319, Sec. 7.
§§ 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…