CARE Court

The CARE Act authorizes specified adult persons to petition a civil court to create a voluntary CARE agreement or a court ordered CARE plan for persons with untreated schizophrenia and other psychotic disorders.

CARE Court

The Community Assistance, Recovery, and Empowerment (CARE) Act is a new civil court process that provides services to people who have certain mental health disorders and meet other criteria. The CARE Act allows specific people (known as “petitioners”) to request that an individual enter the CARE process. The CARE process involves assessments and hearings to determine whether the individual (known as a “respondent”) is eligible. If the respondent is eligible, a voluntary CARE agreement or court-ordered CARE plan may be created for up to 12 months, with the possibility to extend for an additional 12 months. This agreement or plan includes services the individual can receive, such as behavioral health services, substance use disorder treatment, housing, and community supports.

Who is eligible for CARE?

Eligibility is determined on a case-by-case basis. Homelessness and mental illness
alone are not enough to meet eligibility requirements. A respondent must meet all the following criteria to be eligible for CARE:

  • Be 18 years of age or older.
  • Have a diagnosis of a schizophrenia spectrum disorder or other psychotic disorder in the same class or Bipolar Disorder I with psychotic features.
  • Be currently experiencing a mental illness that:
    • Is severe in degree and persistent in duration,
    • May cause behavior that interferes substantially with activities of daily living, and
    • May lead to an inability to maintain stable adjustment and independent functioning without treatment, support, and rehabilitation for a long or indefinite period
  • Not clinically stabilized in ongoing voluntary treatment.

Additionally, at least one of the following must be true:

  • The respondent is unlikely to survive safely in the community without supervision and the respondent’s condition is substantially deteriorating.
  • The respondent needs services and supports to prevent a relapse or deterioration that would likely result in grave disability or serious harm to the respondent or others.

The respondent’s participation in a CARE plan or CARE agreement must:

  • Be the least restrictive alternative necessary to ensure the respondent’s recovery and stability, and
  • Be likely to benefit the respondent.

Petitioners are required to provide facts and supporting information at the time of filing to show that a respondent is eligible for CARE Act proceedings (see form CARE-050-INFO). Supporting documentation must include either a declaration by a licensed behavioral health professional (form CARE-101) or evidence that the respondent was detained for a minimum of two intensive
treatments, the most recent one within the last 60 days.

See the Eligibility Fact Sheet and CARE Act Resources for Petitioners for more information.

Watch Video for CARE Act Eligibility Criteria

CARE Court Resources

Terminology

Please find a Glossary of CARE Act Terminology available here. The Glossary of CARE Act Terminology is also available in:

All these documents are available if you scroll toward the middle of this page.

Care Act at a Glance

Please find the Community Assistance, Recovery, and Empowerment (CARE) Act overview here:

Eligibility Criteria

More information on Eligibility criteria is available here:

Family Supporter Role

Information about the Family Supporter Role is available here:

CARE-100 (Petition to Commence Care Act Proceedings)

Information about CARE-100 is available here: PLEASE NOTE THAT PETITIONS CAN ONLY BE SUBMIITED IN ENGLISH

Link to All CARE Act Forms

CARE-101 (Mental Health Declaration)

Information about CARE-101 is available here: PLEASE NOTE THAT PETITIONS CAN ONLY BE SUBMIITED IN ENGLISH

Link to All CARE Act Forms

How to File a Care Act Court Petition

Link to Alameda County Superior Court

FAQs

Eligibility Criteria Video

Eligibility Criteria

Link to the Care Court page

Link to the CARE Court page

CARE Resource website

Find more CARE resources available here.

Link to the HMA page

Health Management Associates

Presentations and Recordings

CARE Act Court Community Sessions Power Point