Sonoma — Information for Respondents

Source: https://www.courts.ca.gov/documents/care060info.pdf

CARE-060-INFO Information for Respondents—About the CARE Act

This information sheet provides information about the CARE Act and CARE Act proceedings.

1 Why am I being given these documents? If you are eligible for the CARE Act, the court will ask you to work with the county behavioral health agency to make Someone has filed a petition with a court to start a CARE a CARE agreement for services and supports. If you do not Act case for you. In the case, you are called the respondent. reach an agreement with the county agency, the court will The CARE Act applies only to specific people. The order a clinical evaluation of your mental health. After petition asks a court to decide if you are one of them. reviewing the evaluation, the court will decide if you are still eligible. If you are, the court will order you and theThe court has found that you might be. It is asking for county agency to develop a CARE plan.more information to help it decide if you are.

Important information for you: 3 What is CARE eligibility? You have been appointed an attorney, free of charge. To be eligible for the CARE process, you need to be at Your court-appointed attorney will try to contact you least 18 years old and have a schizophrenia spectrum about this case using the last known address or location disorder, bipolar I disorder with psychotic features, or on file for you. another psychotic disorder. The disorder you have must be serious. That means it has lasted for a long time, it can You may also contact your attorney at any time. Your make you do things that interfere with your life, and it can attorney’s contact information is listed in item 5 of make it impossible for you to live on your own for very Order for Care Act Report (form CARE-105) and item long without treatment, support, and rehabilitation. 4 of Notice of Initial Appearance—CARE Act Proceedings (form CARE-110). You should have received one of those forms when you got this form. You are not eligible if you are stabilized in a voluntary treatment program. In addition, to be eligible, either it must You should make sure that your attorney knows how to be unlikely that you will survive safely in the community get in touch with you. Give them your contact without somebody watching over you and your condition is information and let them know if it changes. getting a lot worse, or you must need services and supports You may also choose an attorney to represent you to keep your symptoms from coming back or getting bad instead of the appointed attorney. If you choose your enough that you would probably become severely disabled own attorney, you are responsible for their fees. or would seriously hurt yourself or somebody else. Finally, it must be likely that going through the CARE process will You have the right to an interpreter, free of charge, at help you and that nothing less restrictive than the CARE every CARE Act court hearing. process will make sure that you recover and stabilize. 2 What is the CARE Act? 4 What is a CARE agreement or CARE plan? CARE stands for Community Assistance, Recovery, and Empowerment. The CARE process is a way to get court- A CARE agreement and CARE plan are written documents ordered treatment, services, support, and a housing plan for that contain services designed to support you. They must adults with schizophrenia spectrum disorders, bipolar I be approved by court order. They may include clinical disorder with psychotic features, or other similar psychotic behavioral health care; counseling; specialized disorders. psychotherapy, programs, and treatment; stabilization medications; a housing plan; and other supports andThe CARE process uses outreach, meetings, and court services, provided directly or indirectly by localhearings. The court will decide if you meet the eligibility government. These documents cannot give anyone the rightrequirements. One or more county agencies will be part of to use force to medicate you.the process. If you are eligible, they will work with you to identify services and supports you might need.

Judicial Council of California, courts.ca.gov CARE-060-INFO, Page 1 of 4Rev. July 1, 2026, Mandatory Form Information for Respondents— Welf. & Inst. Code, §§ 5971–5977, 5977.1–5977.3, 5980–5982 About the CARE Act

CARE-060-INFO Information for Respondents—About the CARE Act

4 What is a CARE agreement or CARE What will the report include? plan? The county agency will file a report even if it is not able to A CARE agreement is a voluntary agreement between you contact you. The report will include: and the county behavioral health agency. If you are eligible for the CARE program, the court will order you and the The agency’s opinion about whether you meet, or are county agency to try to reach a CARE agreement. The likely to meet, the CARE eligibility requirements. These court can change the agreement before approving it. After include your mental health diagnosis and current the court approves the CARE agreement, it can still be condition, whether you need additional services, and changed if you and the county agency agree to change it. whether there are other services that would help you but be less restrictive than a CARE agreement or plan.If you cannot reach a CARE agreement, the court may ask you to work with the county to create a CARE plan. A The county’s efforts to get you to participate voluntarily CARE plan is an individualized range of community-based in services and whether the county thinks you can supports and services. It can include the same services and participate voluntarily in services. supports as a CARE agreement. You and the county agency will propose one or more CARE plans to the court. What happens after the court receives the report?The court will order the final CARE plan and can also change it later. After the court receives the report, it will either: Dismiss the proceedings: If the court finds, based on 5 Who is the petitioner? the petition and the county’s report, that you are not eligible for the CARE process or that you are workingThe petitioner is the person who is asking the court to start willingly and effectively with the county agency andCARE Act proceedings for you. have enrolled or are likely to enroll in behavioral health treatment, the court will dismiss the case; or 6 Who is the respondent? Set an initial appearance (court hearing): If the court The respondent is you, the person whom the court is being finds that the county’s report shows that you may be asked to start CARE Act proceedings for. eligible for the CARE process and the county’s contacts with you were not able to connect you with voluntary 7 What happens after the petition has been services and treatment, the court will set an initial filed? appearance. The court reviews the petition and decides if you might be Note: The court has appointed an attorney for you. The eligible for the CARE process. If it thinks you might be, attorney will contact you at the beginning of the CARE Act the court may order a county agency to try to contact you, process. If the court sets an initial appearance, the county talk with you, and file a written report. The county agency will give you notice of the date, time, and place of the must file the report with the court as soon as practicable, hearing along with additional information. but within 30 court days, unless the court gives it more time. The county will let you and the petitioner know if the court orders a report. What happens if the county agency contacts me? The county agency will ask you about your mental and physical health. It will also ask how your mental health affects your life and what services and treatment you think would be helpful. It will ask if you are willing to work with the county to get connected to those services and treatment options.

Rev. July 1, 2026 Information for Respondents— CARE-060-INFO, Page 2 of 4 About the CARE Act

CARE-060-INFO Information for Respondents—About the CARE Act

8 What happens at the initial appearance and the hearing on the merits? At the initial appearance: At the hearing on the merits: You may replace your court-appointed attorney with an The court will decide if you meet the CARE Act attorney that you choose. requirements. The court will consider the petition, the Note: If you choose your own attorney, you are report from the county agency, and all evidence properly presented to it, including evidence that you provide. responsible for their fees, if any. If the court finds that you do not meet the CARE Act You have the right to appear in person. You can choose requirements: The court will dismiss the petition. The to give up your right to attend personally, and your original petitioner may be able to file a new petition if attorney can appear on your behalf. something changes unless the court finds that the original petition was not filed in good faith. If you do not tell the court, either by yourself or through your attorney, that you are choosing not to attend and If the court finds that you do meet the CARE Act you do not appear, the court may have a hearing without requirements: The court will order the county you. To do that, the court needs to find that reasonable behavioral health agency to work with you, your attempts to encourage you to appear have failed and that attorney, and your supporter, if you have one, to connect having a hearing without you would be in your best you with behavioral health treatment. You all will need interests. to decide if you and the behavioral health agency can reach a CARE agreement. The court will set a case The petitioner must be present at the initial appearance, management hearing. or the court may dismiss the petition. Note: If you are enrolled in a federally recognized Indian A representative from the county behavioral health tribe and you want a tribal representative to attend the case agency will be present. management hearing, the county behavioral health agency will let the tribe know the date, time, and place of the If the original petitioner is not the director of a county hearing. behavioral health agency, the court will replace the original petitioner with the director of the county 9 What rights do petitioners have? behavioral health agency or their designee, who will then take over as the petitioner. The original petitioner has the right to go to the hearing on the merits and make a statement. If the original petitioner If you are enrolled in a federally recognized Indian tribe lives with you; is your spouse, parent, sibling, child, or or are receiving services from an Indian health care grandparent; or is someone who has authority to act as your provider, a tribal court, or a tribal organization, the law parent, the court will continue to give them notice about allows a representative from the program, the tribe, or the case, unless the court decides that notice would be the tribal court to be present if you consent. The county harmful to you. In addition, if you agree, the court may must give notice of the initial appearance to the tribal allow that person to participate in your CARE Act process. representative. If the original petitioner is not someone listed above, the court will not give them additional rights. 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 as the initial appearance but only if you (the respondent), the petitioner, and the court all agree.

Rev. July 1, 2026 Information for Respondents— CARE-060-INFO, Page 3 of 4 About the CARE Act

CARE-060-INFO Information for Respondents—About the CARE Act

10 What rights do respondents have? 13 What if I don't speak English?

You have the right to be informed of what is happening in You have the right to an interpreter at all CARE Act court your case. You have the right to participate in your case. hearings. Let your attorney know that you will need an You have the right to an attorney and a supporter at all interpreter for court hearings. When you go to court, tell stages of the process. You have the right to an interpreter if the judge you need an interpreter if you or your attorney you need one. You have the right to keep confidential all haven’t already asked for one. You can also use Request CARE evaluations, reports, documents, and filings. You for Interpreter (Civil) (form INT-300) or a local court form also have other rights that are described in Notice of or website to request an interpreter. For more information Respondent’s Rights (form CARE-113). You will get a about court interpreters, go to https://selfhelp.courts.ca. copy of that form when you get notice of any court hearing gov/request-interpreter. in the CARE Act process. 14 What if I have a disability? 11 What if I disagree with a court order? If you have a disability and need an accommodation while You have the right to ask a higher court to review a court you are at court, you can use Disability Accommodation order in the CARE process. This is called an appeal. Talk Request (form MC-410) to make your request. with your attorney if you think you want to appeal a court You can also ask the Americans with Disabilities Actorder. To get more information, read Information on coordinator in your court for help. For more information,Appeal Procedures for Unlimited Civil Cases (form see How to Request a Disability Accommodation for CourtAPP-001-INFO). (form MC-410-INFO) or go to https://selfhelp.courts.ca.gov/jcc-form/MC-410-INFO. 12 What is a "supporter"?

You have the right to choose a person to support you throughout the CARE Act process. The CARE Act calls that person a supporter. The supporter helps you understand, communicate, make decisions, and express your preferences. You can choose to have your supporter with you at meetings, appointments, or court hearings. Your supporter must: Respect your values and beliefs and support your preferences as well as they can. Communicate with you to help you understand and make informed decisions.

Your supporter must not: Act independently from you. Make decisions for you or on your behalf unless necessary to keep someone from immediately getting hurt. Sign documents for you. You have a right to have a supporter throughout the CARE Act process.

Rev. July 1, 2026 Information for Respondents— CARE-060-INFO, Page 4 of 4 About the CARE Act Print Save