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CARE Process Initiation

Initial Petition

The initial petition is filed with the court to initiate the CARE process. It must provide specific information and support for the court to consider in determining if the respondent is eligible for the process.

Engagement

Prima Facie (aka At First Impression) Determination

The court decides if the petition shows that the respondent is likely eligible for the CARE process.

County Report

If the petition was filed by someone other than a county behavioral health agency, the court will order the agency to investigate and report on whether the respondent meets

Court Process / Service Connection

Initial Appearance

This is the first time the parties appear in court. Counsel (attorney) for the respondent will have been appointed prior to this appearance. During this appearance, the respondent has the option to select a supporter. The respondent can decide to be at this court hearing, or they can allow their attorney to appear for them. The county behavioral health agency will replace the petitioner if the petition was filed by another individual.

Hearing on Merits

The court will determine if the respondent meets the CARE eligibility criteria. If so, the court will order the county behavioral health agency to work with the respondent (and their counsel and supporter) to engage in treatment and attempt to create a CARE agreement. This hearing may be combined with the Initial Appearance.

Development of CARE Agreement

A CARE agreement is a voluntary agreement developed by the respondent, their attorney, their supporter, and the county behavioral health agency (the parties). The CARE agreement sets out a range of services and supports which would benefit the respondent.

Case Management Hearing

If a CARE agreement has been reached the court will review and can approve the agreement. The court will then set a progress hearing to monitor the respondent’s compliance with the agreement. If reaching a CARE agreement is not likely, the court will order the county behavioral health agency to conduct a clinical evaluation of the respondent.

Clinical Evaluation

County behavioral health agency will report to the court on:

  • The respondent’s clinical diagnosis

  • Whether the respondent has the legal capacity to give informed consent

    regarding psychotropic medications

  • Any additional information and recommendations for services and supports that

Status Review Hearings (every 60 days)

Status review hearings provide the court an opportunity to monitor the respondent’s progress in completing their CARE plan and consider whether any changes are needed. The court also will determine whether services are accessible to the respondent and address any issues that may arise.

would assist the court in making decisions

Clinical Evaluation Hearing

Development of CARE Plan

CARE Plan Review Hearing

Court Process /
Service Connection

County behavioral health agencies and their teams have an important role in the court process. Agencies engage the respondent in mental health treatment and connect them with additional services. Individuals could include a contracted provider, prescriber, and/or care.

Step in Process Description
Care Process Initiation
Initial Petition The initial petition is filed with the court to initiate the CARE process. It must provide specific information and support for the court to consider in determining if the respondent is eligible for the process.
Engagement
Prima Facie (aka At First Impression) Determination As a first step, the court reviews a petition to determine if it presents information that shows it is likely that the respondent is or may be eligible for the CARE process.
Sample #2 Row 2, Content 1
Roles Description
Respondent The individual going through the CARE process. Throughout this process, this individual will have access to behavioral health services, housing, and other community supports, as appropriate.
Volunteer Supporter An adult chosen by the respondent to provide support throughout the CARE process and to promote the respondent’s preferences, choices, and autonomy.
Volunteer Supporter An adult chosen by the respondent to provide support throughout the CARE process and to promote the respondent’s preferences, choices, and autonomy.
Volunteer Supporter An adult chosen by the respondent to provide support throughout the CARE process and to promote the respondent’s preferences, choices, and autonomy.
Volunteer Supporter An adult chosen by the respondent to provide support throughout the CARE process and to promote the respondent’s preferences, choices, and autonomy.
Volunteer Supporter An adult chosen by the respondent to provide support throughout the CARE process and to promote the respondent’s preferences, choices, and autonomy.
Volunteer Supporter An adult chosen by the respondent to provide support throughout the CARE process and to promote the respondent’s preferences, choices, and autonomy.

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