Cal. Welf. and Inst. Code § 5974

Current through the 2024 Legislative Session.

Section 5974 - Who may file petitions to initiate CARE process

The following adult persons may file a petition to commence the CARE process:

(a) A person with whom the respondent resides.

(b) A spouse, parent, sibling, child, or grandparent or an individual who stands in loco parentis to the respondent.

(c) The director of a hospital in which the respondent is hospitalized, including hospitalized pursuant to Section 5150 or 5250, or the director's designee.

(d) The director of a public or charitable organization, agency, or home, or their designee, who has, within the previous 30 days, provided or who is currently providing behavioral health services to the respondent or in whose institution the respondent resides.

(e) A licensed behavioral health professional, or their designee, who is, or has been within the previous 30 days, either supervising the treatment of, or treating the respondent for a mental illness.

(f) A first responder, including a peace officer, firefighter, paramedic, emergency medical technician, mobile crisis response worker, or homeless outreach worker, who has had repeated interactions with the respondent in the form of multiple arrests, multiple detentions and transportation pursuant to Section 5150, multiple attempts to engage the respondent in voluntary treatment, or other repeated efforts to aid the respondent in obtaining professional assistance.

(g) The public guardian or public conservator, or their designee, of the county in which the respondent resides or is found.

(h) The director of a county behavioral health agency, or their designee, of the county in which the respondent resides or is found.

(i) The director of county adult protective services, or their designee, of the county in which the respondent resides or is found.

(j) The director of a California Indian health services program, California tribal behavioral health department, who has, within the previous 30 days, provided or who is currently providing behavioral health services to the respondent, or the director's designee.

(k) The judge of a tribal court located in California before which the respondent has appeared within the previous 30 days, or the judge's designee.

(l) The respondent.

Ca. Welf. and Inst. Code § 5974

Amended by Stats 2023 ch 283 (SB 35),s 7, 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.