SB 42

Bill Subjects

Abstract

(1) Existing law, the Community Assistance, Recovery, and Empowerment (CARE) Act, authorizes specified adult persons to petition a civil court to create a voluntary CARE agreement or a court-ordered CARE plan and implement services, to be provided by county behavioral health agencies, to provide behavioral health care, including stabilization medication, housing, and other enumerated services, to adults who are currently experiencing a qualifying severe mental illness and who meet other specified criteria. Existing law authorizes specified individuals to file a petition to commence the CARE process, including, but not limited to, a person with whom the respondent resides or a spouse, parent, sibling, child, or grandparent or an individual who stands in loco parentis to the respondent. Existing law authorizes the court to assign ongoing notification rights if the original petitioner is a person with whom the respondent resides, or a spouse, parent, sibling, child, or grandparent or an individual who stands in loco parentis to the respondent. This bill would require, commencing July 1, 2025, that unless the court determines that it likely would be detrimental to the treatment or well-being of the respondent, the court provide ongoing notice throughout the CARE proceedings, including, but not limited to, when a continuance is granted or if the case is dismissed, if the original petitioner is a person with whom the respondent resides, or a spouse, parent, sibling, child, or grandparent or an individual who stands in loco parentis to the respondent. The bill would require the court, in the notice, to provide a general reason for the continuance if a continuance is granted, and specified reasons if the court grants dismissal. The bill would prohibit the court from disclosing certain health or medical information in the notice without the respondent's consent. This bill would authorize a facility, as defined, to refer an individual treated under an involuntary hold to the county behavioral health agency of the county where the individual resides or the county where the individual is receiving involuntary treatment if they believe the individual meets or is likely to meet CARE Act criteria. The bill would require the referral to include certain information, including the contact information for the referred individual, and other information as specified by the State Department of Health Care Services. Existing law requires the State Department of Health Care Services, in consultation with certain entities, to develop an annual CARE Act report and post the annual report to its internet website. The bill would additionally require the department to report certain data regarding the above-described referrals in its annual CARE Act report. Existing law authorizes the court to dismiss a case without prejudice when the court finds that a petitioner has not made a prima facie showing that they qualify for the CARE process. Existing law requires the court to, if the court finds the petitioner has made a prima facie showing, and the petitioner is a person other than the director of a county behavioral health agency or their designee, order a county agency or their designee to investigate and file a written report within 14 court days. This bill would authorize the petitioner to, subject to exception, amend the petition that was dismissed without prejudice, without refiling. The bill would require the county agency or designee to file the report as soon as practicable, or within 30 court days. The bill would also make conforming changes. (2) Existing law requires the Judicial Council to develop a mandatory form for the CARE process that includes, among other information, the name of the respondent and the respondent's address if known, and certain evidence. This bill would specify that the evidence may include documentary evidence from the facility where the respondent was detained, or a signed declaration from the petitioner if the petitioner has personal knowledge of the detentions. By expanding the scope of the crime of perjury, this bill would impose a state-mandated local program. (3) Existing law authorizes a court to refer an individual from assisted outpatient treatment, misdemeanor proceedings, or specified conservatorship proceedings to CARE Act proceedings. This bill would authorize the CARE Act court and the referring court to communicate regarding the respondent's cases, while the cases are pending in both courts. The bill would, except as provided, require a record, as defined, of communications between the courts be maintained and be accessible to the parties. The bill would additionally require all communications about the disposition of a respondent's case to be conducted in court and on the record. (4) Existing law authorizes a court to establish a temporary conservatorship for a period not to exceed 30 days and appoint a temporary conservator under specified circumstances. This bill would require, if a petition for a temporary conservatorship is based on an affidavit from a certain professional, that an affidavit include an attestation by the professional that all available alternatives to conservatorship have been investigated, as specified, and appointment of a temporary conservator is recommended because no suitable alternatives to conservatorship are available. (5) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. (6) This bill would declare that it is to take effect immediately as an urgency statute.