Process
Cal. WIC § 5978
California Statutes
(
a) A court may refer an individual from assisted outpatient treatment, from conservatorship proceedings pursuant to
Chapter 3 (commencing with
Section 5350) of Part of Division 5 (LPS conservatorship), from misdemeanor proceedings pursuant to
Section 1370.01 of the Penal Code, or from felony proceedings pursuant to
Section of the Penal Code to the CARE Act court. (
b) The CARE Act court may consider a referral made pursuant to this
section to be a petition satisfying the requirements of paragraph (3) of subdivision (
a) of
Section if both of the following conditions are met:
(1) The referral contains all of the information required to be included in a CARE process petition pursuant to
Section 5975.
(2) The information included in the referral makes a prima facie showing that the respondent is, or may be, a person described in
Section 5972. (
c) If the CARE Act court elects to consider a referral to be a petition pursuant to subdivision (b), the CARE Act court shall notify the referring court that the referral has been accepted as a petition for CARE Act proceedings. (
d) If the CARE Act court does not elect to consider a referral to be a petition pursuant to subdivision (b), the CARE Act court shall order the appropriate petitioner candidate to do the following within court days:
(1) Complete an investigation to determine whether to file a petition on behalf of the referred individual.
(2) Notify the referring court whether it intends to file a CARE Act petition on behalf of the referred individual. (
e) If the appropriate petitioner candidate notifies the CARE Act court that it requires additional time to complete its investigation pursuant to paragraph (1) of subdivision (d), the CARE Act court may grant an extension of up to court days. (
f) For purposes of this section, “appropriate petitioner candidate” means:
(1) For referrals from assisted outpatient treatment or from misdemeanor or felony proceedings, the county behavioral health director or their designee.
(2) For referrals from conservatorship proceedings, the conservator or proposed conservator.