Section 5977.3 - One-year status hearing; involuntarily reappointment(a)(1) In the 11th month of the process timeline, the court shall hold a one-year status hearing. Not fewer than five court days prior to the one-year status hearing, the county behavioral health agency shall file a report with the court and shall serve the report on the respondent and the respondent's counsel and supporter. The report shall include the following information: (A) The progress that the respondent has made on the CARE plan, including a final assessment of the respondent's stability.(B) What services and supports in the CARE plan were provided, and what services and supports were not provided, over the life of the program.(C) Any issues the respondent expressed or exhibited in adhering to the CARE plan.(D) Recommendations for next steps, including what ongoing and additional services would benefit the respondent that the county behavioral health agency can facilitate or provide.(2) At an evidentiary hearing, the respondent shall be permitted to respond to the report submitted by the county behavioral health agency and to the county behavioral health agency's testimony. Respondent shall be permitted to introduce their own information and recommendations. The respondent shall have the right at the hearing to call witnesses and to present evidence as to whether the respondent agrees with the report. The respondent may request either to be graduated from the program or to remain in the program.(3) The court shall issue an order as follows:(A) If the respondent elects to be graduated from the program, the court shall order the county behavioral health agency and the respondent to work jointly on a voluntary graduation plan. The court shall schedule a hearing in the 12th month after adoption of the CARE plan for presentation of the graduation plan. The court shall review the graduation plan and recite the terms in open court. The graduation plan shall not place additional requirements on local governmental entities and is not enforceable by the court, except that the graduation plan may, at the respondent's election, include a psychiatric advance directive, which shall have the force of law. Upon completion of the hearing, the respondent shall be officially graduated from the program.(B) If the respondent elects to remain in the CARE process, respondent may request any amount of time, up to and including one additional year. The court may permit the ongoing voluntary participation of the respondent if the court finds both of the following: (i) The respondent did not successfully complete the CARE plan.(ii) The respondent would benefit from continuation of the CARE plan.(C) The court shall issue an order permitting the respondent to continue in the CARE plan or denying respondent's request to remain in the CARE plan, and state its reasons in open court.(b) The respondent may be involuntarily reappointed to the program only if the court finds, by clear and convincing evidence, that all of the following conditions apply:(1) The respondent did not successfully complete the CARE process.(2) All services and supports required through the CARE process were provided to the respondent.(3) The respondent would benefit from continuation in the CARE process.(4) The respondent currently meets the requirements in Section 5972.(c) A respondent may only be reappointed to the CARE process once, for up to one additional year.Ca. Welf. and Inst. Code § 5977.3
Amended by Stats 2023 ch 283 (SB 35),s 16, 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.