CARE Act Proceedings

CARE Act Proceedings are heard in the Probate Department of the Court. For more information, click here.

General Information

Persons can be detained by law enforcement due to severe emotional problems and taken to hospitals designated by the County for evaluation and possible involuntary behavioral health treatment. Individuals in such situations have the right to Writ of Habeas Corpus hearings that are held at the Arrowhead Regional Medical Center (ARMC) Colton Courtroom, along with other hearings related to involuntary treatment.

The Court Mental Health Counselors Office ((909) 498-2296) is responsible for calendaring of these hearings and is available by phone to provide information related to these hearings as well as other mental health issues, including LPS (Mental Health) Conservatorship questions.

Lanterman-Petris-Short (LPS) Conservatorship

The Lanterman-Petris-Short Act of 1967 was established to regulate involuntary civil commitments to mental health institutions in the state of California. The following are the seven goals of the act:

• To end inappropriate, indefinite, and involuntary commitment of mentally disordered persons, people with developmental disabilities, and persons impaired by chronic alcoholism, and to eliminate legal disabilities
• To provide prompt evaluation and treatment of persons with serious mental disorders or impaired by chronic alcoholism
• To guarantee and protect public safety
• To safeguard individual rights through judicial review
• To provide individualized treatment, supervision, and placement services by a conservatorship program for gravely disabled persons
• To engage the full use of all existing agencies, professional personnel and public funds to accomplish these objectives and to prevent duplication of services and unnecessary expenditures
• To protect mentally disordered persons and developmentally disabled persons from criminal acts

Important LPS Conservatorship Information

In the County of San Bernardino, the Public Guardian Division of the Department of Aging and Adult Services functions as the legal conservator of the person and estate of individuals whom the court has determined to be unable to provide their basic needs of food, clothing and/or shelter. Evaluations for LPS Temporary Conservatorship are made through the Department of Behavioral Health Conservatorship Investigators Office at the requests of individuals medical doctors in designated facilities. After an initial LPS Conservatorship has been established a private party may contact the Department of Mental Health whereupon the department’s Conservator Investigator will determine whether a recommendation to appoint a successor conservator to the Public Guardian is appropriate or recommend conservatorship remain with Public Guardians Office.

All LPS Conservatorships are for a period of no more than one year. By law the Public Guardian, or private conservator, must petition the Court in a timely manner with appropriate paperwork to reestablish the Conservatorship before the expiration of the legal letters.

Judicial Council Forms
Local Forms

Information for Probate, Conservatorship and Mental Health (909) 521-3388
Fax (909) 521-3387