Rule 7.2235 - Notice of proceedings (5977-5977.3, 5979)(a) Notice of order for report to augment petition (§ 5977(a)(3) & (4))(1) Before engaging the respondent and preparing a report ordered under section 5977(a)(3)(B), the county agency ordered to file the report and serve notice of that order must give written notice to the respondent by serving the respondent personally or, if personal service is not practicable, by any method reasonably calculated to give the respondent actual notice. Proof of service on the respondent by any method other than personal service must include an explanation why personal service is impracticable and why the alternative method of service used is reasonably calculated to give the respondent actual notice.(2) The county agency must give notice to the respondent's counsel and the petitioner as provided in (d).(3) Notice must be given on Notice of Order for CARE Act Report (form CARE-106) and must include a copy of Order for CARE Act Report (form CARE-105) issued by the court.(4) Notice to the respondent and the respondent's counsel must also include a copy of the petition packet filed to begin the proceedings and Information for Respondents-About the CARE Act (form CARE-060-INFO).(5) If the court grants the county agency additional time to engage the respondent in voluntary treatment and services before filing the report, the county agency must, within five calendar days of the order, serve written notice of the extended report deadline on the respondent, the respondent's counsel, and the petitioner on form CARE-106 as provided in (d).(b) Notice of initial appearance (§ 5977(a)(3)(A), (a)(5)(C))(1) The county must give at least five court days' notice of the date, time, and location of the initial appearance under section 5977(b) to the respondent and the respondent's counsel, the petitioner and the petitioner's counsel unless the county behavioral health agency is the petitioner, and, if the respondent does not reside in the county where the petition is filed, the county behavioral health agency in the respondent's county of residence and the agency's counsel.(2) Notice must be given on Notice of Initial Appearance-CARE Act Proceedings (form CARE-110).(3) Notice to respondent (A) Notice must be served personally on the respondent or, if personal service is not practicable, by any method reasonably calculated to give the respondent actual notice. Proof of service on the respondent by any method other than personal service must include an explanation why personal service is impracticable and why the alternative method of service used is reasonably calculated to give the respondent actual notice.(B) Notice to the respondent must include copies of the following: (i) The petition packet filed to begin the proceedings;(ii) Any report ordered and filed under section 5977(a)(3);(iii) Notice of Respondent's Rights-CARE Act Proceedings (form CARE-113); and(iv) Information for Respondents-About the CARE Act (form CARE-060-INFO).(4) Notice to respondent's counsel (A) Notice must be served on the respondent's counsel by any method provided in (d).(B) Notice to the respondent's counsel must include copies of the following:(i) The petition packet filed to begin the proceedings; and(ii) Any report ordered under section 5977(a)(3).(5) Notice to other persons Notice must be served on all other persons entitled to receive notice by any method provided in (d).
(c) Notice of other hearings (§§ 5977-5977.3, 5979)(1) The county must give at least five court days' notice of any hearing after the initial appearance to the respondent, the respondent's counsel, any local government entity the court has joined as a party to the proceedings, and, with the respondent's express consent given in writing or orally in court, the respondent's supporter.(2) Notice must be given on Notice of Hearing-CARE Act Proceedings (form CARE-115 and, except as provided in (3), served as provided in (d). (3) Notice to the respondent must be served personally or, if personal service is not practicable, by any method reasonably calculated to give the respondent actual notice and include a copy of Notice of Respondent's Rights-CARE Act Proceedings (form CARE-113). Proof of service on the respondent by any method other than personal service must include an explanation why personal service is impracticable and why the alternative method of service used is reasonably calculated to give the respondent actual notice.(4) Notice to the respondent and the respondent's counsel of a clinical evaluation hearing under section 5977.1(c) must include a copy of the evaluation ordered under section 5977.1(b).(5) Notice to the respondent and the respondent's counsel of a status review hearing under section 5977.2(a)(1) must include a copy of the report required by that section.(6) Notice to the respondent and the respondent's counsel of a one-year status hearing under section 5977.3(a)(1) must include a copy of the report required by that section.(d) Method of serviceUnless personal service is required, any notice or other document required by this rule to be served may be served as follows:
(1) Personally or by first-class mail, express mail, or overnight delivery on any person;(2) By fax transmission as provided in rule 2.306; or(3) Electronically as provided in Code of Civil Procedure section 1010.6 and rule 2.251.Rule 7.2235 adopted effective 9/1/2023.