SB 989

Introduced by Senators Blakespear and Umberg
(Coauthor: Senator Arreguín)
(Coauthors: Assembly Members Patel and Dixon)
An act to add Section 5974.5 to the Welfare and Institutions Code, relating to courts.
courts
Community Assistance, Recovery, and Empowerment (CARE) Court Program.
Existing law, the Community Assistance, Recovery, and Empowerment (CARE) Act, authorizes specified persons, including a person with whom the respondent resides, family members, and first responders, among others, to petition a civil court to create a voluntary CARE agreement or a court-ordered CARE plan and implement services, to be provided by county behavioral health agencies, to provide behavioral health care, including stabilization medication, housing, and other enumerated services, to adults who are currently experiencing a severe mental illness and have a diagnosis identified in the disorder class schizophrenia and other psychotic disorders, and who meet other specified criteria.
This bill would authorize a first responder to contact the county behavioral health agency in the county in which the individual resides or is found to request the
		agency file a petition to commence the CARE process. The bill would require the agency to review the request and determine whether to file a petition within 30 business days. The bill would require the agency, upon completion of the review, to notify the first responder that made the referral of specified information, including whether or not a petition was filed. Because the bill would require a higher level of service from county agencies, this bill would create a state-mandated local program.
This bill would require the department to create a referral form to be used by the first responders and would require the department to issue guidance on the procedure to request that the agency file a petition to commence the CARE process. The bill would also require the agency to include specified data in their annual report to the department.
The California Constitution requires the state to reimburse local
		agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
The people of the State of California do enact as follows:
SECTION 1.
Section 5974.5 is added to the
Welfare and Institutions Code
, to read:
5974.5.
(a) In addition to directly filing a petition to commence the CARE process, a first responder, as identified in subdivision (f) of Section 5974, may contact the county behavioral health agency of the county in which the individual resides, or is found, if they believe that the individual meets or is likely to meet criteria to qualify for the CARE process, as described in Section 5972, and request the county behavioral health agency file a petition to commence the CARE process.
(b) The request pursuant to this subdivision shall include the name and contact information for the individual, including a telephone number and address, if available, and other information as specified by the department.
(c) Within 30 business days of the request, the county behavioral health agency shall complete a review of the request and shall determine whether to file a petition in accordance with the provisions of this chapter.
(d) Upon completion of the review required under subdivision (c), the county behavioral health agency shall notify the first responder who made the referral of both of the following:
(1) The outcome of their review, including whether or not a petition to commence the CARE process was filed.
(2) Whether or not the individual met the criteria to qualify for the CARE process.
(e) In accordance with subdivision (b) of Section 5984, the department shall develop a referral form to be used by the first responder and shall issue guidance regarding the procedure to request that a county behavioral health agency file a petition to commence the CARE process for the individual.
(f) The department shall include data regarding requests made pursuant to this section as part of the annual CARE Act report required by Section 5985.
SEC. 2.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
	 REVISIONS:
	 Heading—Line 3.