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CARE Act

The Community Assistance, Recovery, and Empowerment (CARE) Act allows certain adults to ask the court for a voluntary CARE agreement or a court-ordered CARE plan. These plans can provide access to treatment, housing support, and other essential services for individuals living with untreated schizophrenia or related psychotic disorders. The CARE Act introduces a new approach aimed at offering mental health care and support earlier, helping Californians with severe mental health challenges who might otherwise face homelessness or incarceration without receiving treatment.

This process begins when someone, known as the "petitioner," seeks court-ordered resources—such as treatment, services, and housing—on behalf of another person, called the "respondent." Petitioners must be part of a specific group, which includes certain family members, housemates, first responders, and behavioral health professionals. The respondent must have a diagnosis within the schizophrenia spectrum or a related psychotic disorder.

Eligibility

The CARE Act offers a less restrictive alternative to state hospitalization or involuntary conservatorship for individuals with schizophrenia spectrum or other psychotic disorders.

To qualify, a person must meet the following criteria:

  • Be 18 years of age or older.
  • Currently experience a severe mental illness, specifically schizophrenia or another psychotic disorder, as outlined in Section 5600.3(b)(2) of the Healthy and Safety Code.
  • Not be stabilized through ongoing voluntary treatment.

Additionally, one of the following must apply:

  1. The individual is unlikely to safely live in the community without supervision, and their condition is substantially deteriorating, OR
  2. The individual requires services and support to prevent a relapse or decline that could lead to a grave disability or serious harm to themselves or others, as defined in Section 5150 of the Healthy and Safety Code.

Participation in a CARE plan or agreement must also be the least restrictive option necessary for the person’s recovery and stability, and there must be a reasonable likelihood that they will benefit from the program.

Who Can File a CARE Petition?

  • A first responder, such as a peace officer, firefighter, paramedic, mobile crisis responder, or homeless outreach worker.
  • The director (or their designee) of a hospital where the respondent is hospitalized, including for 5150 or 5250 holds under the Welfare and Institutions Code.
  • A licensed behavioral health professional, or their designee, currently treating the respondent for a mental illness.
  • The director (or their designee) of a public or charitable organization providing behavioral health services, where the respondent resides.
  • A person with whom the respondent resides.
  • A family member, such as a spouse, parent, sibling, child, grandparent, or another individual acting in the place of a parent.
  • The respondent themselves (self-petition).
  • The county behavioral health director (or their designee).
  • A public guardian (or their designee).
  • The director (or their designee) of adult protective services.
  • The director (or their designee) of a California Indian health services program or tribal behavioral health department.
  • A judge (or their designee) of a tribal court located in California.

How to File

Humboldt County is currently preparing for the implementation of the CARE Act, which is expected to begin in December.  At this time, we are not accepting CARE Petitions.   We will update this page with detailed filing instructions and additional information when available.

Please check back regularly for updates or contact our office for any further questions.

What to Expect After Submitting a Petition

After a petition is submitted the court will review the information provided to determine whether the individual meets the criteria outlined by the CARE Act. If the court accepts the petition, a hearing will be scheduled. During this process, the respondent will be notified and given the opportunity to participate in the proceedings.

If the court determines that the respondent qualifies for a CARE plan, the next step is to work with Humboldt County behavioral health professionals to develop a personalized plan. This may include treatment, housing support, and other services aimed at recovery and stability. The CARE plan is designed to be collaborative and supportive, ensuring that the respondent receives the help they need.

Throughout the process, there will be regular court reviews to assess progress and make any necessary adjustments to the CARE plan. The goal is to provide the least restrictive and most effective support possible to help individuals recover and live safely in the community.

Additional Resources

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