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2024 California Rules of Court

Rule 7.2223. Venue and transfer (§ 5973)

(a) Filing

A petition to commence CARE Act proceedings may be filed in the superior court of:

(1)  The county where the respondent resides at the time of filing;

(2)  The county where the respondent is found at the time of filing; or

(3)  A county where the respondent is a defendant or respondent in a pending criminal or civil action or proceeding.

(b) Transfer

If the court orders the proceeding transferred to the superior court of the respondent's county of residence, the courts must proceed as follows:

(1)  The clerk of the transferring court must mail notice and a copy of the order to:

(A)  The petitioner and petitioner's counsel, if any;

(B)  A former petitioner to whom the court has assigned notice rights under section 5977(b)(7)(B)(ii), if any;

(C)  The respondent, the respondent's counsel, if any, and, with the respondent's express consent given in writing or orally in court, the respondent's supporter, if any;

(D)  The county behavioral health agency of the county in which the petition was filed and the agency's counsel, if the agency is not the petitioner;

(E)  The county agency preparing a report ordered under section 5977(a)(3)(B) and the agency's counsel; and

(F)  The county behavioral health agency in the respondent's county of residence and the agency's counsel.

(2)  The clerk of the transferring court must transmit to the clerk of the receiving court a certified copy of the order and all papers on file in the proceeding.

(3)  When a court receives the case file of a transferred proceeding, the receiving court must send written notification of receipt to the transferring court.

(4)  If the transferring court has not received a notification of receipt within 60 days of the transfer order, it must make a reasonable inquiry into the status of the transferred proceeding.

Rule 7.2223 adopted effective September 1, 2023.

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