California Senate Bill 42
Session 20232024
Community Assistance, Recovery, and Empowerment (CARE) Court Program: process and proceedings.
Became Law
Became Law on Sep 27, 2024
Origin Chamber
Senate
Type
Bill
Bill Number
42
State
California
Session
20232024
Thomas J. Umberg
grade
Author
Motion Text
Unfinished Business SB42 Umberg Urgency Clause Concurrence
Senate Roll Call Votes
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Summary
(1) Existing law, the Community Assistance, Recovery, and Empowerment (CARE) Act, authorizes specified adult persons 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 qualifying severe mental illness and who meet other specified criteria. Existing law authorizes specified individuals to file a petition to commence the CARE process, including, but not limited to, a person with whom the respondent resides or a spouse, parent, sibling, child, or grandparent or an individual who stands in loco parentis to the respondent. Existing law authorizes the court to assign ongoing notification rights if the original petitioner is a person with whom the respondent resides, or a spouse, parent, sibling, child, or grandparent or an individual who stands in loco parentis to the respondent.
This bill would require, commencing July 1, 2025, that unless the court determines that it likely would be detrimental to the treatment or well-being of the respondent, the court provide ongoing notice throughout the CARE proceedings, including, but not limited to, when a continuance is granted or if the case is dismissed, if the original petitioner is a person with whom the respondent resides, or a spouse, parent, sibling, child, or grandparent or an individual who stands in loco parentis to the respondent. The bill would require the court, in the notice, to provide a general reason for the continuance if a continuance is granted, and specified reasons if the court grants dismissal. The bill would prohibit the court from disclosing certain health or medical information in the notice without the respondent's consent.
This bill would authorize a facility, as defined, to refer an individual treated under an involuntary hold to the county behavioral health agency of the county where the individual resides or the county where the individual is receiving involuntary treatment if they believe the individual meets or is likely to meet CARE Act criteria. The bill would require the referral to include certain information, including the contact information for the referred individual, and other information as specified by the State Department of Health Care Services.
Existing law requires the State Department of Health Care Services, in consultation with certain entities, to develop an annual CARE Act report and post the annual report to its internet website.
The bill would additionally require the department to report certain data regarding the above-described referrals in its annual CARE Act report.
Existing law authorizes the court to dismiss a case without prejudice when the court finds that a petitioner has not made a prima facie showing that they qualify for the CARE process. Existing law requires the court to, if the court finds the petitioner has made a prima facie showing, and the petitioner is a person other than the director of a county behavioral health agency or their designee, order a county agency or their designee to investigate and file a written report within 14 court days.
This bill would authorize the petitioner to, subject to exception, amend the petition that was dismissed without prejudice, without refiling. The bill would require the county agency or designee to file the report as soon as practicable, or within 30 court days. The bill would also make conforming changes.
(2) Existing law requires the Judicial Council to develop a mandatory form for the CARE process that includes, among other information, the name of the respondent and the respondent's address if known, and certain evidence.
This bill would specify that the evidence may include documentary evidence from the facility where the respondent was detained, or a signed declaration from the petitioner if the petitioner has personal knowledge of the detentions. By expanding the scope of the crime of perjury, this bill would impose a state-mandated local program.
(3) Existing law authorizes a court to refer an individual from assisted outpatient treatment, misdemeanor proceedings, or specified conservatorship proceedings to CARE Act proceedings.
This bill would authorize the CARE Act court and the referring court to communicate regarding the respondent's cases, while the cases are pending in both courts. The bill would, except as provided, require a record, as defined, of communications between the courts be maintained and be accessible to the parties. The bill would additionally require all communications about the disposition of a respondent's case to be conducted in court and on the record.
(4) Existing law authorizes a court to establish a temporary conservatorship for a period not to exceed 30 days and appoint a temporary conservator under specified circumstances.
This bill would require, if a petition for a temporary conservatorship is based on an affidavit from a certain professional, that an affidavit include an attestation by the professional that all available alternatives to conservatorship have been investigated, as specified, and appointment of a temporary conservator is recommended because no suitable alternatives to conservatorship are available.
(5) 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 no reimbursement is required by this act for a specified reason.
(6) This bill would declare that it is to take effect immediately as an urgency statute.
12/05/22 - Introduced
December 5, 2022
06/15/23 - Amended Assembly
June 15, 2023
06/11/24 - Amended Assembly
June 11, 2024
06/25/24 - Amended Assembly
June 25, 2024
07/03/24 - Amended Assembly
July 3, 2024
08/19/24 - Amended Assembly
August 19, 2024
08/22/24 - Amended Assembly
August 22, 2024
09/05/24 - Enrolled
September 5, 2024
09/27/24 - Chaptered
September 27, 2024
04/28/23- Senate Judiciary
April 28, 2023
05/05/23- Sen. Floor Analyses
May 5, 2023
06/16/23- Assembly Judiciary
June 16, 2023
06/21/24- Assembly Judiciary
June 21, 2024
06/28/24- Assembly Judiciary
June 28, 2024
08/05/24- Assembly Appropriations
August 5, 2024
08/21/24- ASSEMBLY FLOOR ANALYSIS
August 21, 2024
08/23/24- ASSEMBLY FLOOR ANALYSIS
August 23, 2024
08/29/24- Senate Judiciary
August 29, 2024
08/30/24- Sen. Floor Analyses
August 30, 2024
Sort by most recent
09/27/2024
California State Legislature
Chaptered by Secretary of State. Chapter 640, Statutes of 2024.
09/27/2024
California State Legislature
Approved by the Governor.
09/11/2024
California State Legislature
Enrolled and presented to the Governor at 3 p.m.
08/31/2024
Senate
Assembly amendments concurred in. (Ayes 38. Noes 0. Page 5767.) Ordered to engrossing and enrolling.
08/31/2024
Senate
Urgency clause adopted.
08/30/2024
Senate
In Senate. Concurrence in Assembly amendments pending.
08/29/2024
Assembly
Read third time. Urgency clause adopted. Passed. (Ayes 75. Noes 0. Page 6894.) Ordered to the Senate.
08/22/2024
Assembly
Ordered to third reading.
08/22/2024
Assembly
Read third time and amended.
08/20/2024
Assembly
Read second time. Ordered to third reading.
08/19/2024
Assembly
Read second time and amended. Ordered to second reading.
08/15/2024
Assembly
From committee: Do pass as amended. (Ayes 11. Noes 0.) (August 15).
08/07/2024
Assembly
August 7 set for first hearing. Placed on suspense file.
07/03/2024
Assembly
Read second time and amended. Re-referred to Com. on APPR.
07/02/2024
Assembly
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 11. Noes 0.) (July 2).
06/25/2024
Assembly
From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.
06/25/2024
Assembly
June 25 hearing postponed by committee.
06/11/2024
Assembly
From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.
06/20/2023
Assembly
June 20 set for second hearing canceled at the request of author.
06/15/2023
Assembly
From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.
06/09/2023
Assembly
June 13 set for first hearing canceled at the request of author.
05/26/2023
Assembly
Referred to Com. on JUD.
05/15/2023
Assembly
In Assembly. Read first time. Held at Desk.
05/15/2023
Senate
Read third time. Passed. (Ayes 38. Noes 0. Page 1076.) Ordered to the Assembly.
05/04/2023
Senate
Read second time. Ordered to third reading.
05/03/2023
Senate
From committee: Do pass. (Ayes 10. Noes 0. Page 1011.) (May 2).
04/12/2023
Senate
Set for hearing May 2.
01/18/2023
Senate
Referred to Com. on JUD.
12/06/2022
Senate
From printer. May be acted upon on or after January 5.
12/05/2022
Senate
Introduced. Read first time. To Com. on RLS. for assignment. To print.
Sources
Record Created
Dec 7, 2022 12:55:27 AM
Record Updated
Oct 11, 2024 12:27:37 PM