首页社区援助、恢复和赋权法​​ 

社区援助、恢复和赋权法案​​ 

概述​​ 

Senate Bill (SB) 1338 (Umberg, Chapter 319, Statutes of 2022) established the Community Assistance, Recovery, and Empowerment (CARE) Act, which provides community-based behavioral health services and supports to Californians living with schizophrenia spectrum, other psychotic disorders, or bipolar I disorder with psychotic features who meet health and safety criteria. It is a new civil court process where certain people, such as family members, first responders, and providers, may file a petition to the court to create a voluntary CARE agreement or a court-ordered CARE plan. A CARE agreement or CARE plan may include treatment, housing resources, and other services. The CARE Act is intended to serve as an upstream intervention for individuals experiencing severe impairment to prevent avoidable psychiatric hospitalizations, incarcerations, and Lanterman-Petris-Short (LPS) Mental Health Conservatorships. The CARE Process will provide earlier action, support, and accountability for both CARE clients, and the local governments responsible for providing behavioral health services to these individuals.​​  

《关怀法案》分两个阶段实施。 第一批于1年2023月开始，包括 7 个县：格伦县、奥兰治县、河滨县、圣地亚哥县、斯坦尼斯劳斯县、图奥勒米县，以及旧金山市和旧金山县。 洛杉矶县属于第二组，但选择提前实施，时间为 12 月1日、 2023 。 其余第二批县市则须于1 、 2024年 12 月或之前实施。​​ 

立法​​ 

On July 10, 2023, Assembly Bill (AB) 102 (Ting, Chapter 102, Statutes of 2023) was signed into law. AB 102 requires the Department of Health Care Services, in consultation with the Judicial Council of California, to provide an early implementation report on key data for each trial court implementing the CARE Act. The report must include: (1) the number of petitions submitted, (2) the number of petitions dismissed, (3) the number of CARE Act participants, and (4) the number of court hearings held during October 1, 2023, through June 30, 2024. The early implementation report will be submitted to the Joint Legislative Budget Committee and the Budget Committees of each house of the Legislature by December 1, 2024.​​   

Additionally, AB 102 requires the Legal Services Trust Fund Commission (LSTFC) at the State Bar of California to collect outcome data from each county’s public defender office, qualified legal services projects (QLSP), and support centers. The State Bar of California shall annually provide to the Judicial Council a report that includes funding allocations, annual expenditures, and program outcomes by service area and service provider to be included in DHCS’ annual CARE report.​​   

On September 30, 2023, Senate Bill (SB) 35 (Umberg, Chapter 283, Statutes of 2023) was signed into law. SB 35 clarifies requirements for the CARE process and makes technical changes that will allow the CARE Act to be implemented successfully. Additionally, the bill specifies the information, including protected health information, that must be shared between behavioral health agencies and providers. This information is necessary to support the determinations, conclusions, and recommendations for the written report submitted to the court to document the respondent’s eligibility for the CARE process.​​ 

On September 27, 2024, SB 42 (Umberg, Chapter 640, Statutes of 2024) was signed into law and contained an urgency clause that became effective immediately after signing. SB 42 creates an additional pathway of referring an individual from LPS designated facilities to the CARE Act process. This bill additionally amends the Welfare and Institutions Code regarding communication between courts, alternatives to conservatorship, technical changes to CARE procedures, as well as collaboration on system performance.​​   

On September 27, 2024, SB 1400 (Stern, Chapter 647, Statutes of 2024) was signed into law. SB 1400 amends provisions of the Penal Code related to misdemeanor incompetent to stand trial (MIST) referrals to CARE. The bill provides that if the defendant is accepted into CARE, the criminal charges shall be dismissed six months after the date of the referral to CARE, unless the defendant’s case has been referred back to the criminal court prior to the expiration of that time period. The bill additionally amends provisions of the Welfare and Institutions Code to expand the requirements for data reporting, including data related to inquiries and system referrals. This data shall be included in the annual report to examine the scope of impact and monitor the performance of CARE Act model implementation.​​ 

9 月27 ，2024 ，SB 1323（Menjivar，第 646 章，2024 年法规）经签署成为法律。SB 1323 修订了《刑法典》中与特定重罪无受审能力 (IST) 相关的条款，以授权转介至 CARE 程序。如果被告接受 CARE，则应根据《刑法典》第 1385 条撤销指控。​​ 

10 月10 ，2025 ，SB 27（Umberg，2025 年法规第 528 章）经签署成为法律。SB 27 修订了《福利与机构法》中的条款，将符合条件的诊断范围扩大到包括患有具有精神病特征的躁郁症 I 的个人，但与当前中毒有关的精神病除外。该法案还对临床稳定的持续治疗进行了定义；为来自辅助门诊治疗 (AOT)、LPS 监护程序以及重罪和轻罪 IST 法庭的转介提供了更直接的途径；规定执业护士和助理医师仅在签署心理健康声明以支持 CARE 申请时才被视为执业行为健康专业人员；允许法庭在不举行听证会的情况下做出表面证据确凿的裁定；以及其他技术性修正。此外，SB 27 修订了《刑法典》条款，授权县行为健康机构和监狱医疗服务提供者与法院共享保密医疗记录和其他相关信息，以确定是否有资格获得行为健康服务和计划。​​  

To read the bills in full, please visit the California Legislative Information webpage.​​  

培训和技术援助​​ 

DHCS has contracted with Health Management Associates (HMA) to provide training and technical assistance, implementation support, and data collection and reporting for the CARE Act. HMA has developed the CARE Act Resource Center, which provides training, technical assistance and resources to county behavioral health agencies, counsel, volunteer supporters, and other stakeholders to support the implementation of the CARE Act. The Resource Center will continue to be updated with new information and training material.​​  

Join the HMA CARE Act email listserv to receive notification of trainings, technical assistance and other stakeholder engagement opportunities specific to the CARE Act implementation. For additional information, or to request training and technical assistance, please email info@CARE-Act.org.​​ 

DHCS 资源​​ 

报告和重要更新​​ 

《关怀法案》工作视频​​ 

信息通知和资源​​ 

其他资源​​ 

联系我们：​​