CARE Court
Overview
- Senate Bill (SB) 1338 (Chapter 319, Statutes of 2022) established the Community Assistance, Recovery, and Empowerment (CARE) Act, that represents a crucial step forward in ensuring that individuals facing severe mental health challenges (schizophrenia spectrum and other psychotic disorders) in California receive the care they so desperately need. Too often, these vulnerable individuals find themselves without access to the necessary treatment.
- CARE takes a proactive approach by intervening earlier, seeking to divert individuals from more restrictive conservatorships or incarceration. It establishes a vital connection between those in crisis and a court-ordered CARE plan or agreement that can span up to 12 months, with potential extensions for an additional year.
- Recognizing the pressing need for support and accountability, CARE steps in not only to help those with severe untreated mental illnesses but also to assist local governments in their duty to provide behavioral health services. The CARE process operates through California’s civil courts, enabling earlier intervention and offering much-needed support and accountability.
- Moreover, CARE ensures that individuals receive clinically appropriate community-based services.
Where we are in the process
- All counties have begun implementation of the CARE Act (as of December 1, 2024)
- SB 27 passed and went into effect January 1, 2026. Read more about the updates here.
Filing a Petition
Filing as a Family Member or Roomate
Step-by-Step: Filing as a Family Member or Roommate
- Step 1 – Understand the Basics: Read the Family Resource Guide to learn how the CARE Act works and if it is the right fit for your family member or roommate.
- Step 2 – Consider Eligibility: Based on what you have seen and know about the person, consider if they might be eligible. Do they have an eligible diagnosis and meet a few other criteria? A judge will make the final decision, but you should be able to provide enough information to support that the person may qualify.
- Step 3 – Complete the Forms: Download and fill out these specific documents:
- CARE-050-INFO Guide: A simple instruction sheet to help you fill out the forms.
- CARE-100 Petition: The main document submitted to the court to help a judge determine eligibility. In addition to information on completing the CARE-100, this resource includes information on how to fill out the form.
- CARE-101 Mental Health Declaration: You fill out the top section, and a licensed behavioral professional (such as a doctor or clinical social worker) should complete the clinical section.
- Instead of the CARE-101 declaration, you can provide evidence that the person has had at least two intensive treatments (W&I Code § 5250), one within the last 60 days. Evidence could include hospital discharge papers or a signed declaration from someone with direct knowledge of the hospitalizations. If you have personal knowledge of the treatments, you may include that information directly on the CARE-100 petition form or through a declaration attached to the petition.
- Step 4 – Get Help with Filing: You don’t have to do this alone.
- Your local Superior Court Self-Help Center offers free assistance with paperwork and can help you file with the court.
- You can also access the Completing a CARE Act Petition tutorial for key steps and tips for completing a petition, and check out this FAQ on what information could be included in a CARE Act petition to demonstrate eligibility.
Filing Through County Behavioral Health
County behavioral health agencies may submit petitions for individuals they believe may be eligible. They can also work with community and system partners to let them know that CARE is an option. County behavioral health is required to respond to referrals from specific courts and facilities, and may choose to accept informal referrals from other sources such as community partners and family members.
Filing as a System Partner
Who are System Partners? System partners include hospital directors, licensed behavioral health professionals, public guardians or conservators, adult protective services, tribal court judges, homeless outreach workers, Indian Health Services programs, and first responders with repeated interactions with the individual.
FAQs
Digital Resource Binders
Anosignosia Overview
Resource Center
CARE Act Resource Center – Health Management Associates (HMA) has developed a resource center that provides training, technical assistance and resources to county behavioral health agencies, counsel, volunteer supporters, and other stakeholders to support the implementation of the CARE Act.
Resource library – This library is intended to support a wide variety of stakeholders with information and resources for the seamless implementation of the CARE Act. The information is provided by the Department of Health Care Services (DHCS), HMA, and other partners. Additionally, the library contains content from other external sources.
Training Materials – HMA offers trainings and open forum discussions on prioritized topics. All CARE Act trainings conducted as part of this effort are recorded and materials are available for review.
Find Your Self-Help Center – Find your local California Court Self-Help Center to get answers to questions and receive direct support with completing and filing a petition. Self-Help Centers can provide legal information and resources in-person, over the phone, or online to people without a lawyer.
Recorded Monthly Informational Sessions (2026)
September 2026: Petitions and Pathways Beyond CARE
Recorded Trainings
What is CARE Act?
How Your Loved One Can Qualify for CARE Act
How Families Can Support Their Loved Ones through the CARE Act
The Role of the Volunteer Supporter in CARE Act
The Petition Process
The Care Act Process
Resources References from the Videos:
- NAMI CA CARE Act FAQ Sheet
- Youtube Video from California Courts: CARE Act Eligibility Criteria
- Information for Petitioners—About the CARE Act (CARE-050-INFO)
- Training Video on “The Supporter Role In The CARE Act
- Training Video on “Practical Approaches To Housing For The CARE Act”
- Petition Form: “How to file the CARE-100”
- The CARE Process Flow Chart
Additional Resources
- CARE Act Resource Center
- CARE Act Petitions/Petitioner Resources
- Self-help centers (SHC) for petitioners
Main Websites of Stakeholders:
- Department of Health Care Services (DHCS)– CARE Act Website
- Judicial Council- CARE Act Website
- California Health and Human Services (CalHHS)- CARE Act Website
Additional CARE Act Resources
- NAMI National: Learn more about schizophrenia
- California Health and Human Services (CalHHS): CARE Act Overview – Fact Sheet
- CARE Informational Webinar (updated 12-19-22): Video and Slides
- How to File the CARE-100
- Petition Form (CARE-100)
- CARE Act Eligibility Criteria
- CARE Act Process Flow Overview
- Mental Health Declaration Form (CARE-101)
- Information for Petitioners (CARE-050-INFO)
- LawHelp Interactive – California CARE Act Petition. This is a website that helps you fill out the legal document petition form for free.
- Flyer for CARE Act Petitioners:
For those who do not qualify for CARE
For alternative resources for your loved one, find your local NAMI Affiliate will be able to provide you with further information on referral services and resources.
CARE Act Family Experience Survey
Our State wants to hear from family members! This is a great opportunity to share your experience with CARE Act.
As we support our families, we may have found that CARE was a vital part in that support, either a care plan, or alternative resources and services offered to our loved one. We may be in the process still, or we may have had some challenges that we want to share.
Take the survey here: CARE Act Family Experience Survey
Send NAMI CA a quote!
If you would like to send in a quote to NAMI CA about your experience with care petitioning, supporting a loved one, care plans, etc. We would like to share some data to show what the successes have been and also if there have been any challenges. Please email careact@namica.org
Questions?
Contact: careact@namica.org