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 your rights if the county is asking a judge to order you to AOT. The publication also covers what to expect at an AOT hearing and how to prepare for an AOT hearing.

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.

If the county has asked the judge to order you to AOT (also called a petition), the judge decides at a hearing if you qualify for AOT under the law.

You have the following rights at AOT hearings:

1. You have a right to adequate notice of hearings as well as notice to people you say you want to give notice to.1

• You must be given the notice of the hearing.
• In addition:2
  • The court will set a date for your hearing that is not more than five (5) business days after the county gave the court your petition.
  • A copy of the notice will be sent to the office of Patients’ Rights in your county.
  • A copy of the notice will also be sent to your health care provider if the county knows who your provider is.
  • The hearing date can only be changed if there is good cause (a good reason).

2. You have the right to get a copy of the court ordered examination.3

3. You have the right to a lawyer.4

• If you cannot afford to hire a lawyer, you can ask the court to give you a lawyer, a public defender.

4. You have the right to be at your AOT hearing unless you waive your right to be at the hearing.5

• “Waive” means to give up your right to be at the hearing. This could happen by you saying that you do not want to be at the hearing, 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 for a settlement agreement with the county.6 For more information about settlement agreements, you can read the publication called “Settlement Agreements.”

5. You have the right to give evidence that shows the court why you do not qualify for AOT.7

• It is good to use evidence other than your own words to show the judge why you do not qualify for AOT under the law. You can ask people to testify on your behalf. To not qualify for AOT, you only need to show that one of the requirements under the law is not true about you.8 But it is still a good idea to try to show the judge why as many of the requirements as possible do not apply to you.
• To find out how you qualify for AOT under the law, you can read the publication called “Who Can Be Ordered Into AOT.”

6. You, or your lawyer if you have one, have the right to question people who the county chooses to speak at the hearing (witnesses).9

• The county has to have the provider who examined you speak at the hearing about why you qualify for AOT treatment.10   For more information about this provider and the examination, you can read the publication called “How You are Ordered Into AOT.”
• The county may also have more people talk at the hearing about why you qualify for AOT.
• After the county asks these people questions, it will be your turn to ask them questions. Your questions should try to show that what they are saying is not true or does not mean you qualify for AOT treatment under the law. For more information about the requirements to qualify for AOT under the law, you can read the publication called “Who Can Be Ordered Into AOT.”
• If you have a lawyer, they will ask the person questions for you rather than you asking the questions yourself. You have a right to an attorney if the county is petitioning you to be ordered to AOT. If you want a lawyer but don’t have enough money, ask the judge to give you a public defender.

7. You have the right to have people (witnesses) who support why you do not need AOT or do not qualify for AOT speak at the hearing.11

• Some people you might want to ask to speak include: yourself, current or past mental health treatment providers, and friends and family.
• The people you choose to speak should not just talk generally about you and what a good person you are. You want these people to try to show the judge why one or more of the requirements to qualify for AOT under the law are not true for you.12 For more information about the requirements to qualify for AOT under the law, you can read the publication called “Who Can Be Ordered Into AOT.”

8. You have the right to appeal (or challenge) decisions and know and understand your right to appeal.13

• An appeal is the right to say the first judge made the wrong decision and you want another judge to see if you qualify for AOT under the law. For more information about the qualifying for AOT under the law, you can read the publication called “Who Can Be Ordered into AOT.”
• You may only have a certain amount of time to give the court your appeal. So, you should contact your lawyer to find out more information about appealing the judge’s AOT order.

9. You have the right to know and understand that you have the right to prove to a judge that you are being wrongfully forced into AOT (writ of habeas corpus).14

• You file a writ of habeas corpus when you are being wrongfully forced in to AOT because you do not fit the requirements of the law.
• For more information about writs of habeas corpus, you can read the publication called “How AOT Ends.”

The above are your rights. If you are not given your rights, you can contact places listed under “Additional Information” to see if they can help you make sure you are given your rights.

The Judge’s Decision

If the judge finds that all of the requirements are true by clear and convincing evidence, they can order you to AOT for up to 6 months.15  Clear and convincing” means that the judge must find that it is much more likely to be true than untrue that you meet all of the requirements to qualify for AOT.

You have a right to appeal the judge’s decision. For more information about how to appeal you should contact your lawyer.

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. You will only have to pay the public defender if you have the money to.
• 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(d)(4)(A). All code sections cited below are from the Welfare and Institutions Code.
• 2. § 5346(d)(1).
• 3. § 5346(d)(4)(B).
• 4. § 5346(d)(4)(C).
• 5. § 5346(d)(4)(E).
• 6. § 5347(b)(1).
• 7. § 5346(d)(4)(F).
• 8. § 5346(d)(5)(B).
• 9. § 5346(d)(4)(H).
• 10. § 5346(d)(1)-(3).
• 11. § 5346(d)(4)(G).
• 12. § 5346(d)(5)(B).
• 13. § 5346(d)(4)(I).
• 14. § 5346(d)(4)(D).
• 15. § 5346(d)(5)(B).