Cal. Welf. and Inst. Code § 5972

Current through the 2024 Legislative Session.
Section 5972 - Criteria for qualification

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 currently experiencing a serious mental disorder, as defined in paragraph (2) of subdivision (b) of Section 5600.3 and has a diagnosis identified in the disorder class: schizophrenia spectrum and other psychotic disorders, as defined in the most current version of the Diagnostic and Statistical Manual of Mental Disorders. This section does not establish respondent eligibility based upon a psychotic disorder that is due to a medical condition or is not primarily psychiatric in nature, including, but not limited to, physical health conditions such as traumatic brain injury, autism, dementia, or neurologic conditions. A person who has a current diagnosis of substance use disorder as defined in paragraph (2) of subdivision (a) of Section 1374.72 of the Health and Safety Code but who does not also meet the required criteria in this section shall not qualify for the CARE process.
(c) The person is not clinically stabilized in on-going voluntary treatment.
(d) At least one of the following is true:
(1) The person is unlikely to survive safely in the community without supervision and the person's condition is substantially deteriorating.
(2) The person is in need of services and supports in order to prevent a relapse or deterioration that would be likely to result in grave disability or serious harm to the person or others, as used in Section 5150.
(e) Participation in a CARE plan or CARE agreement would be the least restrictive alternative necessary to ensure the person's recovery and stability.
(f) It is likely that the person will benefit from participation in a CARE plan or CARE agreement.

Ca. Welf. and Inst. Code § 5972

Amended by Stats 2023 ch 283 (SB 35),s 5, eff. 9/20/2023.
Added by Stats 2022 ch 319 (SB 1338),s 7, eff. 1/1/2023.
Section conditionally operative as provided in Section 5970.5.