California revises CARE petition and petitioner communication pathways
Oct 4, 2026 edition · GC-2026-0237 · Published 2026-10-04 · Version 2 · Final
SB 989 provides county review of qualifying first-responder CARE petition requests. SB 1242 adds an information pathway for original petitioners described in Welfare and Institutions Code section 5974(a) or (b), retaining privacy limits and narrower rights for other petitioners.
What happened
California enacted SB 989 and SB 1242 on September 27, with general provisions under the ordinary January 1, 2027 effective-date rule. New Welfare and Institutions Code section 5974.5 allows a qualifying first responder to ask the appropriate county behavioral-health agency to file a CARE petition, in addition to filing directly. The request includes available identifying and contact details and department-specified information. Within 30 business days the county must review it and determine whether to file, then notify the responder whether a petition was filed and whether the person met CARE criteria. The department must develop the referral form and guidance and include request data in the annual report.
Amended section 5977(b)(6)(B)(v) allows an original petitioner described in section 5974(a) or (b) to provide information about matters including the respondent’s condition, functioning, treatment history and housing, subject to applicable state and federal confidentiality law. The CARE team must receive, review and document relevant information, and the court may consider it under the specified rules; respondent consent is not needed merely to receive the qualifying petitioner’s information. Submission does not confer party status or a right to direct care, obtain discovery, access confidential records or protected health information, attend confidential proceedings or otherwise participate without consent except as law expressly provides. Section 5977(b)(6)(C) separately limits other original petitioners to attendance and a statement at the merits hearing, without ongoing rights. Receiving qualifying petitioner information is therefore different from disclosing the respondent’s records back to that person.
Scope and timing
- Authority status
- Final
- Applicability
- Potentially applicable
- Audience
- Health systems, Provider networks, Health-tech
- Jurisdiction
- California
Why it matters
Referral and communication procedures can help counties receive useful information while protecting the respondent’s confidentiality and treatment decisions. The county’s review period is not a new universal provider response deadline.
Recommended action
Prepare qualifying first-responder referral routing and the county review handoff with counsel. Verify whether an original petitioner falls under section 5974(a) or (b) before applying the ongoing information pathway; preserve section 5977(b)(6)(C) limits for other petitioners. Establish relevant-information handling and confidentiality controls, track department forms and keep county duties separate from clinical-provider obligations.
Sources
- SB989 enacted final textOfficial · California Legislature · 2026-09-27 · Source review 2026-10-05
- SB1242 enacted final textOfficial · California Legislature · 2026-09-27 · Source review 2026-10-05
- Official Assembly 2023-24 Constitution, Article IV section 8Official · California Legislature · Source review 2026-10-14
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