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CARE ACT Court

CARE: The Community Assistance, Recovery, and Empowerment Act.  The CARE Act seeks to provide mental health services, support, and accountability for Californians living with untreated schizophrenia or other psychotic disorders. The act aims to divert and prevent restrictive conservatorships or incarcerations through a court-ordered CARE plan or court-approved CARE agreement for up to 12 months that is initiated via a petition through the courts.

Who is eligible to participate in CARE Court?

Individuals must meet all the following criteria to be eligible for CARE Court:

  • 18 years of age or older.
  • Diagnosed with a disorder within the "schizophrenia and other psychotic disorders" class of disorders and currently experiencing symptoms.
  • Not clinically stabilized in ongoing treatment.
  • The individual's mental health is substantially deteriorating, and they are unlikely to survive safely in the community without supervision AND/OR need services and support to prevent relapse and deterioration.
  • Participation in a CARE Plan is the least restrictive alternative and the individual is likely to benefit from participation in a CARE Plan.

The person who is subject to the petition for the CARE Court process is referred to as the "respondent." If you do not meet the requirements above, options for assistance are still available at Calaveras County Behavioral Health.

Who is eligible to petition?

  • Family/Home

    • Person with whom respondent resides
    • Spouse, parent, sibling, child, grandparent or other individual in place of a parent
    • Respondent (i.e., self-petition)

  • Community

    • First responder (e.g., peace officer, firefighter, paramedic, mobile crisis response, homeless outreach worker)
    • Director of a hospital, or designee, in which respondent is hospitalized (including for Welfare and Institutions Code 5150 and 5250 holds)
    • Licensed behavioral health professional, or designee treating respondent for mental illness
    • Director of a public/charitable organization providing behavioral health services to the respondent in whose institution the respondent resides

  • County

    • County behavioral health director, or designee (e.g., LACDMH CARE-LA team)
    • Public guardian, or designee
    • Director of adult protective services, or designee

  • Tribal Jurisdiction

    • Director of a California Indian health services program, California tribal behavioral health department, or designee
    • Judge of a tribal court located in CA, or designee

  • How do I file a CARE Court petition?

    Eligible petitioners must complete and submit the following materials to begin the CARE Court process:

    • CARE-100 form AND
    • CARE-101 Mental Health Declaration from a licensed behavioral health provider
      OR

      Attach evidence, to CARE-100 form, that the person in need of services was detained for a minimum of two periods of intensive treatment (WIC 5250 hold process) and the most recent event occurred within the past 60 days.

      Please note that the forms are available in Chinese, Korean, Spanish, Vietnamese and English.

  • Where do I file a CARE Court petition?

    Petitioners have the following options to file CARE Court petitions and supporting documentation:

    • In person at the Clerks Service Windows.
    • Electronically at coming soon.

What to expect after submitting a petition

  • Assessment

    The Court will assess and evaluate the petition to determine if there is sufficient information to schedule an initial hearing for the individual or if more information is needed. The eligible individual may be contacted by the Los Angeles County Department of Mental Health (LACDMH) and may also be contacted by an appointed attorney.

  • Determination and Treatment Hearings

    Usually after the parties have begun exchanging information, the Court will hold closed hearings to determine whether the individual can participate in CARE Court. At the initial hearing, the Los Angeles County Department of Mental Health will become the petitioner in the CARE Court case and will remain the petitioner for the duration of the case.

  • Oversight and Treatment Implementation Hearings

    The Court will schedule hearings, to occur every 60 days at a minimum, to learn about the individual's progress. Progress reports can be scheduled for up to a year, if needed and extended for an additional year under certain circumstances..

  • Ongoing Monitoring and Evaluation

    Throughout the duration of the CARE Court process, specialists monitor the individual's progress and adjustments are made as needed, whether there is a mutually entered into CARE Agreement or CARE Plan order requested by a judicial officer.

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