家社區援助、復甦和賦權法案​​ 

社區援助、康復和賦權法案​​ 

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.​​  

CARE 法案分兩組實施。 第一組隊於 1 月 2023 開始，包括七個縣：格倫縣，奧蘭治，河濱，聖地亞哥，斯坦尼斯勞斯和圖龍姆，以及舊金山市和縣。 洛杉磯縣屬於第二階段，但選擇在 1 年 12 月 2023 提前實施。 其餘的第二期郡必須在 1 2024 或之前實施。​​ 

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, Chapter 646, Statutes of 2024) 已簽署成為法律。SB 1323 修訂《刑法典》中與特定重罪無資格接受審判 (IST) 相關的條文，以授權轉介至 CARE 程序。如果被告接受 CARE，則應根據 Penal Code Section 1385 撤銷指控。​​ 

10 ，2025 ，SB 27（Umberg，2025 年法令第 528 章）簽署成為法律。SB 27 修訂了《福利與制度法》的條文，將符合資格的診斷擴大到包括患有具有精神病特徵的躁郁症 I 的個人，但與當前中毒有關的精神病除外。本法案也定義臨床穩定的持續治療；為輔助門診治療 (AOT)、LPS 保護程序以及重罪和輕罪 IST 法庭的轉介提供更直接的途徑；規定護士執業者和醫師助理僅在簽署心理健康聲明以支持 CARE 請求時才被視為持照的行為健康專業人士；允許法庭在不進行聽證會的情況下作出表面判定；以及其他技術性修訂。此外，SB 27 修訂了《刑法典》的條文，授權縣行為健康機構和監獄醫療服務提供者與法院共用保密醫療記錄和其他相關資訊，以確定是否有資格獲得行為健康服務和計劃。​​  

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

培訓和技術援助​​ 

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 資源​​ 

報告和重要更新​​ 

工作中的關懷法案視頻​​ 

資訊通告及資源​​ 

其他資源​​ 

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