Assisted Outpatient Treatment, also known as AOT, is court ordered outpatient treatment for people with mental health disabilities.

This publication is a fact sheet that talks about how someone is ordered to AOT.

You have a right to an attorney if the county has asked the court to order you to AOT. If you want a lawyer but don’t have enough money, ask the judge to give you a public defender.

These are the steps for how a judge orders you into AOT:1

1. The county asks the judge to order you to AOT.

• This is called a petition.
• The county cannot ask just any court in the state to order you. They have to ask the Superior Court in the county where you are or where they have reason to think you are.

2. A person close to you can also ask the county to petition you to AOT, but not just anyone can ask the county to do this.2

• When a person close to you asks county to ask the court to order you to AOT, this is not the same as a petition. It is only a petition once the county asks the court to order you to AOT.
• Only the following people can ask the county to petition you into AOT:3
  • The person is 18 years old or older and the person lives with you.
  • The person is your parent, spouse, sibling, or child, and they are 18 years old or older.
  • The person is the director of a public or private agency, treatment facility, charitable organization or licensed residential care facility where you live and receive mental health services.
  • The person is the director of the hospital where you are currently hospitalized.
  • The person is your mental health treatment provider or the person overseeing your mental health treatment.4 Someone overseeing your mental health treatment is likely to be your mental health provider’s supervisor. The person must have a license to provide mental health treatment.
  • The person is a police officer, parole officer, or probation officer. Not just any police officer, parole officer, or probation officer can ask the county to petition you to AOT. The officer must be assigned to you.
  • A Superior Court judge in a case that you are a part of.

3. When someone asks the county to petition you to AOT, the county has to investigate to see if they should petition you to AOT.5

• The county cannot ignore the person’s request to petition you without looking into whether they should petition you to AOT.
• A licensed mental health treatment provider may examine you. You might not be examined though if the county thinks you should not be ordered to AOT.
• The exam by a licensed mental health treatment provider is something the county has to try to do before they petition you to AOT.6 If you do not let the licensed mental health treatment provider examine you, the county can still petition you to AOT. This can happen if the provider could have examined you and tried to examine you, but you did not let them examine you.7
• After the exam, the county cannot wait more than 10 days before petitioning you to AOT.8 If you did not let the provider examine you, then the county cannot wait more than 10 days before petitioning you to AOT.9

4. The county can only petition you to AOT if there is reason to believe it is likely that you qualify for AOT under the law.10

• For information on who qualifies under the law for AOT, you can read the AOT publication called “Who Can Be Ordered to AOT.”
• Just because the county thinks you qualify for AOT and petitions for AOT for you does not mean they are right or that the court will agree with them.

5. If the county petitions you to AOT, you have the right to a lawyer.11

• If you want a lawyer but do not have money to pay for a lawyer, you can ask the judge to give you a public defender.

6. After the county petitions you to AOT, the judge will set a date for a hearing no more than 5 days from when the county petitioned.12

• Saturdays, Sundays, and holidays do not count towards the 5 days.
• You will get notice of the hearing date.
• For information about the hearing and how to prepare, read the publication called “Your Rights if the County is Asking for AOT and AOT Hearings.”

7. Unless you waive your right to a hearing, you will have a hearing where the judge will decide if you qualify for AOT under the law.13

• “Waive” means to that you voluntarily choose to not be at the hearing. This could happen by you saying you do not want to attend, or by not showing up after the court tries to let you know about the hearing.
• You can also waive your right to an AOT hearing and enter a settlement agreement with the county.14 For more information about settlement agreements, you can read the publication called “Settlement Agreements.”
• If you qualify for AOT under the law, the judge can order you to AOT for up to 6 months.15

For more information about what your treatment rights are while you are in AOT, you can read the publication called “Your Treatment Rights While in AOT.”

For more information about how AOT ends after you have been ordered to AOT, you can read the publication called “How AOT Ends”.

Additional Information

If you need more information or have questions you can:

• Ask your lawyer. You have a right to an attorney if the county has asked (petitioned) the court to order you to AOT. If you want a lawyer but don’t have enough money, ask the judge to give you a public defender.
• Contact your county’s Patient’s Rights Advocate. To find the Patient’s Rights Advocate where you live, (916) 504-5810 and ask for your local Patient’s Rights Advocate or click on this link: https://www.disabilityrightsca.org/post/patients-rights-advocacy-directory.
• Call Disability Rights California at 1-800-776-5746.

• 1. Welf. & Inst. Code § 5346(b)(1). All code sections cited below are from the Welfare and Institutions Code.
• 2. § 5346(b)(2).
• 3. § 5346(b)(2)(A)-(G).
• 4. § 5346(b)(2)(E).
• 5. § 5346(b)(3).
• 6. § 5346(b)(5)(A).
• 7. § 5346(b)(5)(B).
• 8. § 5346(b)(5)(A).
• 9. § 5346(b)(5)(B).
• 10. § 5346(b)(3).
• 11. § 5346(c).
• 12. § 5346(d)(1).
• 13. § 5346(d)(5)(B).
• 14. § 5347(b)(1).
• 15. § 5347(b)(1).