Steve Choi

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 severe mental illness and have a diagnosis identified in the disorder class schizophrenia and other psychotic disorders, 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 spouse, parent, sibling, child, grandparent, or an individual who stands in loco parentis to the respondent. Existing law requires the court to issue an order relieving the original petitioner if the petitioner is someone other than the director of a county behavioral health agency or their designee and appoint the director or their designee as the successor petitioner. Existing law requires the original petitioner to have specified rights to notice of proceedings if the petitioner is a parent or specified family member or the person with whom the respondent resides. Existing law authorizes the court to allow the original petitioner to participate in the respondent's CARE proceedings to the extent the respondent consents.

This bill, if the original petitioner is a parent or specified family member, would require the court to allow the original petitioner to participate in the respondent's CARE program for the purpose of assisting in care coordination and providing relevant information to the CARE team, unless the court determines, on its own motion or on motion of the respondent, at any point in the proceedings, that it would likely be detrimental to the treatment or well-being of the respondent. The bill would authorize the court to limit or exclude participation by the original petitioner under these provisions upon a finding that participation by the original petitioner would likely be detrimental to the treatment or well-being of the respondent. The bill would prohibit disclosure to the original petitioner of information protected by specified confidentiality provisions unless the respondent consents.