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Welcome to 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 schizophrenia or other psychotic disorders.  A CARE agreement or plan may include treatment, housing support, and other services.

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.

To file a CARE Act petition, a Petitioner must be an adult person who falls into at least one of the following categories: 

  • Live with the Respondent.
  • Be a spouse or registered domestic partner, parent, sibling, child, or grandparent of the Respondent.
  • Be a person who stands in the place of a parent to the Respondent.
  • The director of a hospital in which the Respondent is hospitalized.
  • The 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.
  • A licensed behavioral health professional who is or has supervised the treatment of the Respondent for mental illness within the last 30 days.
  • A first responder who has had repeated interactions with the Respondent.
  • The public guardian or public conservator of the county where the Respondent is, or a private mental health conservator of the Respondent.
  • The director of a county behavioral health agency 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.

For a CARE Act petition to be considered by a court, the Respondent must meet all the eligibility criteria. Homelessness and a diagnosis alone are not enough to meet eligibility requirements.  A Respondent must meet all the following criteria to be eligible for the CARE Act:

  • Be 18 years old or older.
  • Have a diagnosis of schizophrenia spectrum disorder or other psychotic disorder in the same class.
  • 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 be clinically stabilized in ongoing voluntary treatment.
  • 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, or
    • the Respondent needs services and support 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.

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

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

OR

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

Please be aware that the forms are available in additional languages.

For assistance, please contact the Legal Self-Help Center

CARE Court petitions can be eFiled (mandatory for attorneys) or filed in person at the Clerk's Office (Room 113).

The Court will assess and evaluate the petition to determine if there is enough information to schedule an initial hearing for the individual, or if more information is needed.  The eligible individual may be contacted by Marin County Behavioral Health and may also be contacted by an appointed attorney from the Office of the Marin County Public Defender.

For additional information on the various hearings, please see Process and rights of the petitioner after a petition has been filed.

CARE Court hearings are held in Department L at the Hall of Justice, 3501 Civic Center Dr., San Rafael, CA 94903.

Participants can attend in person or remotely via Zoom.

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