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CARE Act Petition

What is CARE?

The Community Assistance, Recovery, and Empowerment (CARE) Act allows specific people, called “petitioners,” to ask the court to create a voluntary CARE agreement or court-ordered CARE plan for other persons, called "respondents," who have certain untreated severe mental illnesses, specifically schizophrenia or other psychotic disorder in the same class, or bipolar I disorder with psychotic features, except psychosis related to current intoxication. A CARE agreement or plan may include services such as:

  • Behavioral Health Services
  • Medication Management
  • Housing Resources
  • Social Services and Supports

CARE Act proceedings involve assessments and hearings to determine whether the respondent meets eligibility requirements. A county behavioral health agency will be involved in the process. If the person qualifies for CARE, a CARE agreement or plan can be made.

The CARE Act goal is to provide mental health services to the most severely impaired Californians who too often languish without the treatment they desperately need.

Eligibility for CARE Act Services

  • 18 years and older with a diagnosis of Schizophrenia Spectrum or other psychotic disorders in the same class, or bipolar I disorder with psychotic features, except psychosis related to current intoxication;
  • 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. 
  • The person is not clinically stabilized in ongoing voluntary treatment;
  • Either the person is unlikely to survive safely/independently in the community (such as maintaining personal safety, hygiene, diet, health, and/or necessary relationships without supervision) and the condition is deteriorating OR services and support are needed to prevent relapse or deterioration;
  • Participation in CARE Act is the least restrictive alternative; AND
  • The person will likely benefit from participating in a CARE Plan or CARE Agreement

Who Can File A Petition?

  • A person who lives with the Respondent
  • A spouse, parent, sibling, adult child, or grandparent
  • First responder who has had repeated interactions with the respondent.
  • The Director of Hospital, or designee, where Respondent is hospitalized.
  • A Licensed Behavioral Health Professional who is or has supervised the treatment of the respondent for mental illness within the last 30 days.
  • Director of a charitable agency who has within the last 30 days provided or is currently providing behavioral health services to the respondent or in whose institution the respondent resides.
  • The public guardian/conservator of the county where the respondent is, or a private mental health conservator of the respondent.
  • The Director of County Behavioral Health or the Adult Protective Services agency of the county where the respondent resides or is found.
  • A judge of a tribal court located in California or director of a California Indian Health Services Program or Behavioral Health Department. 
  • The Respondent