Community Assistance, Recovery, and Empowerment

Plain English Breakdown

The bill summary does not provide details about how often CARE court meetings will occur or who else might be allowed to participate.

CARE Court Program

This law requires courts to allow family members to participate in CARE court proceedings for people with severe mental illness, but only if it won't harm their treatment or well-being.

What This Bill Does

• It mandates that the court allows parents and specified family members to join CARE court meetings to assist in care coordination and provide relevant information about the person's needs.
• The judge can restrict or exclude a family member’s involvement if it would likely be detrimental to the treatment or well-being of the person with severe mental illness.

Who It Names or Affects

• People with severe mental illnesses who are part of the CARE program
• Family members and close relatives of people in the CARE program

Terms To Know

CARE Court Program

A court process that helps adults with serious mental health issues get the care they need, like medicine or housing.

Severe Mental Illness

A type of mental illness that is very serious and can affect how a person thinks, feels, and behaves.

Limits and Unknowns

• The bill does not specify what happens if family members disagree with the court's decision about their involvement.
• It also doesn't explain how to handle situations where the person getting help is too sick to agree or disagree with having family involved.
• There are no details on how often these meetings will happen or who else might be allowed in them.

Official Summary Text

SB 1242, as amended, Choi.
Community Assistance, Recovery, and Empowerment (CARE) Court Program.
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
proceedings,
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.

Current Bill Text

Download Bill PDF