Process and rights of the petitioner after a petition has been filed

Review of the CARE petition

After a CARE Act petition is filed, the court will promptly review the petition and supporting documents to determine if they show that the respondent meets or might meet the requirements described above. Then it will do one of the following:

1. Dismiss the petition. The court will do this if it finds that the petition does not show that the respondent meets or may meet the CARE Act eligibility requirements.
2. Order a report. If the court finds that the petition does show that the respondent meets or may meet the criteria for the CARE Act process, the court will order a county agency to engage the respondent and file a written report with the court within 14 business days. You and the respondent will be notified that the report has been ordered.

After receiving the report, the court will do one of the following:

• Dismiss the matter. If the court finds that the respondent is voluntarily working with the county agency, their engagement is effective, and the respondent has enrolled or is likely to enroll in voluntary treatment through the county or another provider.
• Dismiss the matter. If the court finds the report does not support the initial showing that the respondent meets CARE criteria.  
• Set an initial appearance. The court will set an initial appearance if it finds that the county agency’s report supports the petition’s showing that the respondent meets or may meet the CARE Act eligibility requirements and the county’s engagement with the respondent was not effective. The court will also order the county to give notice of the hearing to you, the respondent, the respondent’s appointed counsel, and the county behavioral health agency.

Initial Appearance

You, the petitioner, must be present at the initial hearing, or the court may dismiss the petition. You will receive a notice in the mail of the date, time, and place of the hearing.

Hearing on the Merits

The hearing on the merits may happen at the same time of the initial appearance if the petitioner, respondent and the court agree.

At the hearing on the merits, the court will determine if the respondent meets the CARE Act criteria. In making this determination, the court will consider all evidence properly before it, including the petition, the report from the county agency and any additional evidence presented by the parties, including information provided by the respondent.

Petitioner's rights

Petitioners have specified rights during the CARE process.If you live with the respondent, are a spouse or registered domestic partner, parent, sibling, child, or grandparent of the respondent, or someone who stands in the place of a parent to the respondent, you have the right to be present and make a statement during the initial hearing to determine the merits of the petition. The court may, in its discretion, assign you ongoing rights of notice.

If the respondent agrees, the court may allow you to participate in the rest of the CARE Act proceedings.

If the matter is dismissed and later there is a change in circumstances, you may file a new petition with the court.

If you are a petitioner other than those listed above, you have the right to be present and make a statement at the hearing on the merits of the petition, but you will not be assigned ongoing rights.