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HomeWelfare and Institutions CodeDiv. 5Pt. 8Ch. 2§ 5974 Care Process Petition Filers

§ 5974 Care Process Petition Filers

Welfare and Institutions Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
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§ 5974 Care Process Petition Filers

Key Takeaways

  • •Family members, like parents or siblings, can ask to start the CARE process for someone who needs help.
  • •People who work in hospitals, mental health services, or emergency services can also ask if they have recently helped the person.
  • •Even the person who needs help can ask to start the CARE process for themselves.
  • •This is about getting help for someone who is struggling with mental health issues.

Example

If your brother is having a hard time with his mental health and isn't getting the help he needs, you can ask the court to start the CARE process for him.

As a family member, you have the right to ask for help to get your brother the support he needs.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 5974 Care Process Petition Filers

The following adult persons may file a petition to commence the CARE process: (a) A person with whom the respondent resides. (b) A spouse, parent, sibling, child, or grandparent or an individual who stands in loco parentis to the respondent. (c) The director of a hospital in which the respondent is hospitalized, including hospitalized pursuant to Section 5150 or 5250, or the director’s designee. (d) The director of a public or charitable organization, agency, or home, or their designee, who has, within the previous 30 days, provided or who is currently providing behavioral health services to the respondent or in whose institution the respondent resides. (e) A licensed behavioral health professional, or their designee, who is, or has been within the previous 30 days, either supervising the treatment of, or treating the respondent for a mental illness. (f) A first responder, including a peace officer, firefighter, paramedic, emergency medical technician, mobile crisis response worker, or homeless outreach worker, who has had repeated interactions with the respondent in the form of multiple arrests, multiple detentions and transportation pursuant to Section 5150, multiple attempts to engage the respondent in voluntary treatment, or other repeated efforts to aid the respondent in obtaining professional assistance. (g) The public guardian or public conservator, or their designee, of the county in which the respondent resides or is found. (h) The director of a county behavioral health agency, or their designee, of the county in which the respondent resides or is found. (i) The director of county adult protective services, or their designee, of the county in which the respondent resides or is found. (j) The director of a California Indian health services program, California tribal behavioral health department, who has, within the previous 30 days, provided or who is currently providing behavioral health services to the respondent, or the director’s designee. (k) The judge of a tribal court located in California before which the respondent has appeared within the previous 30 days, or the judge’s designee. (l) The respondent. (Amended by Stats. 2023, Ch. 283, Sec. 7. (SB 35) Effective September 30, 2023. Section conditionally operative as provided in Section 5970.5.)

Last verified: January 23, 2026

Key Terms

treatmentmedicalhospitalcrisisfirehealthrespondentemergency

Related Statutes

  • § 224.71 Youth Rights In Juvenile Facilities
  • § 305 Emergency Minor Custody Authority
  • § 5154 Mental Health Provider Immunity
  • § 5306 Involuntary Treatment Release Immunity
  • § 5309 Early Release For Safety

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Welfare and Institutions Code. Section 5974.
View Official Source