SB 35 – CARE Act Clean-Up 

Below is a summary of fixes included in the clean-up bill, SB 35 CARE Court.

  • Eliminates the filing fee to support equitable access to petitioners with limited resources.
  • Revises the rights of the petitioner to allow them to make a statement on the merits of the petition and will authorize the court to assign ongoing rights to an original petitioner if they reside with the respondent or if they stand in loco parentis to the respondent.
  • Allows proceedings to be conducted by subordinate judicial officers to ensure timely access for court proceedings to protect due process.
  • Clarifies the DHCS deadline to approve requests for implementation delay to make it clear that counties must implement by December 2025.
  • Clarifies the relationship between a tribal petitioner and the respondent.
  • States that respondents have the right to an interpreter and advanced language access.
  • Clarifies the appeals process to ensure alignment with the LPS process.
  • Removes the appointment process for supporters because respondents have the right to a supporter. This addresses the lack of clarity on the appointment process since the court would not be providing the supporter. Instead, the respondent may choose their supporter or choose not to have one.
  • Clarifies the timing of the evaluation by adding the due dates for preliminary.    

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