Title
Title
Rules and Forms | Mental Health Law: Community Assistance, Recovery, and Empowerment Act (Action Required)
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Summary
Summary
The Probate and Mental Health Advisory Committee recommends eleven new rules of court, one amended rule, and thirteen new forms to implement requirements in the Community Assistance, Recovery, and Empowerment (CARE) Act (Stats. 2022, ch. 319). The CARE Act establishes a new, noncriminal proceeding that authorizes a court--in response to a petition and after determining by clear and convincing evidence that the person for whom the petition is filed meets the necessary statutory criteria--to order the county behavioral health agency to work with the person to engage in services and determine whether a CARE agreement can be reached or, if those efforts are unsuccessful, to develop a CARE plan. Once the court has ordered a CARE plan, the court must hold regular status hearings to review the progress of the person and the county behavioral agency with the services ordered. The act requires the Judicial Council to develop a mandatory petition form, any other forms necessary for the court process, and rules of court to implement provisions of the act governing judicial proceedings.
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Recommendation
Recommendation
The Probate and Mental Health Advisory Committee recommends that the Judicial Council, effective September 1, 2023:
1. Rename title 7 of the California Rules of Court the "Probate and Mental Health Rules" and reorganize it as follows:
* Separate title 7 into two divisions, division 1 and division 2;
* Place the Probate Rules in division 1 and name division 1 "Probate Rules";
* Name division 2 "Mental Health Rules" and separate division 2 into two chapters;
* Reserve chapter 1 of division 2 for future rules;
* Name chapter 2 of division 2 "CARE Act Rules"; and
* Place the rules recommended below in chapter 2 of division 2 of title 7;
2. Adopt Cal. Rules of Court, rules 7.2201, 7.2205, 7.2210, 7.2221, 7.2223, 7.2225...
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