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Frequently Asked Questions
CARE Act TTA Frequently Asked Questions
The following are frequently asked questions related to Community Assistance, Recovery, and Empowerment (CARE) Act training and technical assistance. For background information on the CARE Act, please visit our About page and/or visit the CalHHS CARE Act landing page.
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A supporter shall not be subpoenaed or called to testify against the respondent in any CARE Act proceedings. However, this provision only references CARE Act proceedings, and it does not prevent a supporter from being called to testify in any other civil or criminal proceedings.
Topics:
- CARE Act Process, Volunteer Supporter
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The court shall remove a supporter due to a conflict of interest with the respondent if the conflict cannot be managed in such a way to avoid any possible harm to the respondent. The process for removing a supporter will be determined by the court.
Topics:
- CARE Act Process, Volunteer Supporter
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Family members may take various roles in CARE Act proceedings.
If a family member is the original petitioner, they have the right to attend and make a statement at the initial hearing on the merits of the petition. They are also entitled to receive the following notices from the court unless the court determines that doing so would likely be detrimental to the respondent’s treatment or well-being:
- Ongoing notice of all hearings throughout the CARE process.
- Notice of any continuances, along with a general reason for the delay.
- Notice of case dismissal, including the statutory basis for the dismissal.
Additionally, the respondent may choose a family member to serve as their volunteer supporter, a role designed to help the respondent understand and make decisions throughout the CARE process. For more details, refer to the Volunteer Supporter Toolkit.
Family members don’t have to be formal volunteer supporters. If the CARE participant agrees, they can offer support in other ways. This could include attending hearings, at the participant’s request.
For further guidance on family roles in CARE, see the Family Resource Guide. For more information, see Welfare and Institutions Code Section 5977.
Topics:
- CARE Act Process, Volunteer Supporter
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During the CARE Act process, the goal is to optimize the respondent’s opportunities to make decisions. As the respondent’s symptoms fluctuate, their willingness and availability to participate in supported decisionmaking may likely also change. During a mental health crisis, an individual may not be able to communicate their preferences and wishes, and therefore supported decisionmaking may not always be possible. These scenarios must be evaluated on an individual case-by-case basis. Ideally, once the respondent is capable of understanding the decisions to be made, they can resume engaging in supported decisionmaking.
Topics:
- Serious Mental Illness & Evidenced-based Care, Volunteer Supporter
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The court does not have a mandated process to ensure that a supporter follows a supported decisionmaking framework. However, if the court finds that the volunteer supporter is overstepping the boundaries of their role, such as (imposing their own beliefs on the respondent), the court may remind the supporter of their duties. A court may ultimately remove a supporter because of any conflict of interest with the respondent that cannot be managed.
For more information, see the Supported Decisionmaking for Volunteer Supporters training on the CARE Act Resource Center.
Topics:
- Counsel/Courts, Volunteer Supporter
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A volunteer supporter (also referred to as a supporter) is an adult chosen by the respondent to provide support throughout the CARE process. The supporter should help the respondent understand, make, and communicate decisions and express preferences throughout CARE proceedings. This could include assisting with the development of a CARE agreement or CARE plan, a graduation plan, and a Psychiatric Advance Directive (PAD). The supporter should use a supported decisionmaking framework to empower the respondent to make their own informed decisions.
The CARE Act Supporter Role Brief provides an overview of the Supporter Role, key operating principles of the supporter’s role, and available trainings for supporters.
Topics:
- Volunteer Supporter
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Respondents may be able to identify a supporter through family advocacy and peer organizations, homeless outreach agencies, and/or other community-based organizations. Please note, the supporter must be chosen and approved by the respondent regardless of the relationship. See the Volunteer Supporter Toolkit for more information.Additionally, NAMI California is available to provide support/guidance to NAMI affiliates regarding the volunteer supporter role. Visit the NAMI California’s webpage for additional information.
Topics:
- CARE Act Process, Volunteer Supporter
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Peers may serve in the CARE process as members of the treatment team, as volunteer supporters, or as part of a peer organization. For an overview of how peers can participate in the CARE Act, view the Role of the Peer in the CARE Process training on the CARE Act Resource Center.
Many peer organizations offer trainings for peers in California. The California Mental Health Services Authority (CalMHSA) has a comprehensive website on the Medi-Cal Peer Support Specialists training (including many organizations that conduct these trainings), exam, best practices, study guide, and more. Below are links to the website.
Topics:
- CARE Act Process, Housing/Community Supports, Other, Volunteer Supporter
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Counties are permitted to submit claims to the Department of Health Care Services (DHCS) for administrative activities incurred while engaging family members to support a respondent during the CARE process. DHCS will reimburse counties for these outreach and engagement activities to support CARE Act services, as outlined in Behavioral Health Information Notice (BHIN) 24-015: CARE Act Reimbursement Rates and Billing Guidance.
Topics:
- Behavioral Health, CARE Act Process, Case Worker / Case Manager, Claims / Billing & Sanctions, Equitable & Person Centered Care, Other, Policy/Advocacy, Volunteer Supporter
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A peer is an individual self-identified as having lived experience with the recovery process who can help others experiencing similar situations. Peer workers (including peer support specialists) that serve in a professional role on the county behavioral health team build trust with the respondent, participate in outreach and engagement efforts, and provide recovery-oriented support.
A volunteer supporter is an adult chosen by the respondent to provide support throughout the CARE process and to promote the respondent’s preferences, choices, and autonomy. The volunteer supporter may be a family member or friend, and may or may not have lived experience. It is not recommended that a peer worker serving on the CARE team also act as a volunteer supporter, as it may compromise their ability to serve as a neutral advocate in the volunteer supporter role.
For more information, see Role of the Peer in the CARE Process training, the CARE in Practice: Building a Culture of Support training, and the Volunteer Supporter Toolkit.
Topics:
- Behavioral Health, CARE Act Process, Equitable & Person Centered Care, Volunteer Supporter