Rule 7.2223 - Venue and transfer (5973)(a) FilingA 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) TransferIf 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 9/1/2023.