The California CARE Court begins. A group of counties are scheduled to implement the CARE Court first: San Francisco, Riverside, Glenn, Orange, San Diego, Stanislaus and Tuolumne. Other counties have until December 1, 2024. I have provided below links to the San Francisco Superior Court CARE Court page, and also the CARE Court page for the Riverside Superior Court. They are open for filings beginning October 2, 2023).

I have previously blogged about the CARE Court. As the San Francisco CARE Court page notes:

I have read different authoritative papers, discussions, and forms about the CARE Court, who can file a petition to start the proceeding, who qualifies to be a respondent/defendant in a CARE Court proceeding (i.e., against whom a petition can be filed), and the Court processes after a petition is filed. Frankly, different papers, discussions, and forms are not always in agreement. There are uncertainties to be resolved – I presume that the Courts of Appeal will also become involved as appeals are filed on various issues and proceedings.

Ideally the CARE Court process is supposed to be voluntary on the part of the respondent/defendant; however, it is my understanding that if the respondent/defendant objects or is unable to voluntarily agree (or perhaps simply does not agree?), the Court proceeding will continue and move forward anyway, the respondent/defendant will be appointed an attorney, a hearing will be scheduled “on the merits of the petition,” and the Court will issue orders about the petition and defenses, including orders pertaining to care and treatment, and possibly about housing.

Information for Respondents – About the CARE Act (California Judicial Council Form CARE-060-INFO) states: “The court will set a hearing on the merits of the petition. The hearing on the merits of the petition may happen at the same time of the initial appearance on the petition but only if you (the respondent), the petitioner, and the court agree.” I presume that a hearing on the merits will include evidence and will be conducted in accord with the rules of evidence – however, that might be a matter to be determined.

A CARE Court proceeding is not a general conservatorship, or an LPS health conservatorship (Lanterman-Petris-Short), or a California Welfare & Institutions Code Section 5150 mental health proceeding, all of which still exist, and to which a person in need of help or assistance still can voluntarily agree, just like the right to agree with or object to and oppose the CARE Court petition and proceeding.

However, as I have previously written, a CARE Court proceeding is an action by the State that limits or restricts the respondent/defendant’s freedoms, activities, and rights – thus, it is arguable that the protections that exist in general conservatorships (and perhaps also in LPS conservatorships) also will or may apply to a respondent/defendant in a CARE Court proceeding. The California appellate courts and the Legislate have confirmed that a prospective conservatee in a general conservatorship (and also in an LPS conservatorship) has certain important rights, including, for example, the right to a jury trial.

The CARE Court starts October 2, 2023. I view it as a work in progress, with some significant uncertainties of law and process.

For your additional reading, just as examples, the following are links to the the San Francisco Superior Court and Riverside Superior Court CARE Court pages:

https://sf.courts.ca.gov/divisions/civil-division/care-act-court

https://riverside.courts.ca.gov/Divisions/CAREAct/care-act.php

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David Tate, Esq. (and inactive CPA)

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David Tate, Esq. (and inactive California CPA) – practicing only as an attorney in California.