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CARE Act TTA Frequently Asked Questions
The following are frequently asked questions related to Community Assistance, Recovery, and Empowerment (CARE) Act training and technical assistance. For background information on the CARE Act, please visit our About page and/or visit the CalHHS CARE Act landing page.
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Senate Bill 1338 established the Community Assistance, Recovery, and Empowerment (CARE) Act to provide community-based behavioral health services and supports to eligible Californians living with specific psychotic or mood disorders through a new civil court process. CARE Act is intended to serve as an upstream intervention for the most severely impaired Californians to prevent avoidable psychiatric hospitalizations, incarcerations, and Lanterman-Petris-Short Mental Health Conservatorships. The CARE Process provides earlier action, support, and accountability for both CARE participants and the local governments responsible for providing behavioral health services to these individuals. The CARE Act authorizes specified adult persons to petition a civil court to create a voluntary CARE agreement or a court-ordered CARE plan that may include treatment, housing resources, and other services.
Topics:
- CARE Act Process, Petitioning
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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 an eligible psychotic or mood disorder, including bipolar I disorder with psychotic features, schizophrenia spectrum disorder, or other psychotic disorders.
- Be currently experiencing a mental illness that:
- Is severe in degree and persistent in duration,
- May cause behavior that greatly 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.
- 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.
A petition should provide facts and supporting information that shows that a respondent is likely to be eligible (see form CARE-050-INFO). A judge will determine if the information indicates the individual meets or may meet eligibility, and they may ask a county behavioral health agency to investigate and make a recommendation on eligibility.
See the Eligibility Fact Sheet and CARE Act Resources for Petitioners for more information.
Topics:
- CARE Act Process, Eligibility Criteria, Petitioning
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A petitioner could include lay individuals 18 years or older, such as:
- A person who lives with the respondent.
- A spouse or registered domestic partner, parent, sibling, child, or grandparent of the respondent.
- A person who stands in the place of a parent to the respondent.
- The respondent themselves.
A petition can also be filed by a number of system partners, including:
- The director of a hospital* in which the respondent is hospitalized.
- The director of a public or charitable organization, agency, or home* who has provided behavioral health services to the respondent within the previous 30 days or in whose institution the respondent resides.
- A licensed behavioral health professional* who has provided or supervised treatment for the respondent within the previous 30 days.
- The public guardian or public conservator* of the county.
- A first responder (e.g. a peace officer, firefighter, paramedic, emergency medical technician, mobile crisis response worker, or homeless outreach worker) who has had repeated interactions with the respondent.
- The director of a county behavioral health agency* of the county.
- The director of county adult protective services* of the county.
- The director of a California Indian health services program* or California tribal behavioral health department,* who has provided behavioral health services to the respondent within the past 30 days.
- The judge of a tribal court* located in California before which the respondent has appeared within the previous 30 days.
Note that in many instances, the eligible petitioners include a “designee,” as indicated with an asterisk in the list above. These designees include individuals at the organization who have been identified as being able to complete the petition. A “designee” of the director of a hospital could, for example, include a psychiatrist, social worker, or other treatment team member.
At the initial appearance, the petitioner will be replaced by the director of the county behavioral health agency, or a designee.
For more information, see CARE Act Resources for Petitioners.Topics:
- CARE Act Process, Petitioning
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A summary of the CARE process is outlined below:
- A case begins with the filing of a petition, followed by the court assessing eligibility.
- If a respondent is found to be eligible, and efforts at voluntary engagement by the county behavioral health agency are not successful, there is a process to develop a voluntary CARE agreement.
- If a CARE agreement is not likely to be reached, the court will order the county behavioral health agency to conduct a clinical evaluation of the respondent and provide a report to the court.
- If, based on that report, the court determines that the respondent meets the eligibility criteria, the court shall order a CARE plan. Both a CARE agreement and a CARE plan will outline services and supports that the individual is entitled to receive under the CARE proceedings.
- The court will monitor the respondent’s progress with the CARE plan or CARE agreement.
- If the respondent has a CARE plan, then after a year there will be a determination of next steps. The respondent may graduate or be reappointed to the CARE process for up to one additional year.
For a more detailed description of each step in the process, please see the CARE Act Process Flow to Treatment, Housing, and Support resource or The Client’s Journey Through the CARE Act training.
Topics:
- CARE Act Process, Petitioning
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The CARE Process is intended to encourage voluntary engagement. After the petition is filed, if the respondent is enrolled or likely to enroll in voluntary treatment, the court will dismiss the matter.
Topics:
- Behavioral Health, CARE Act Process, Petitioning
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Family members may take various roles in CARE Act proceedings.
If a family member is the original petitioner, they have the right to attend and make a statement at the initial hearing on the merits of the petition. They are also entitled to receive the following notices from the court unless the court determines that doing so would likely be detrimental to the respondent’s treatment or well-being:
- Ongoing notice of all hearings throughout the CARE process.
- Notice of any continuances, along with a general reason for the delay.
- Notice of case dismissal, including the statutory basis for the dismissal.
Additionally, the respondent may choose a family member to serve as their volunteer supporter, a role designed to help the respondent understand and make decisions throughout the CARE process. For more details, refer to the Volunteer Supporter Toolkit.
Family members don’t have to be formal volunteer supporters. If the CARE participant agrees, they can offer support in other ways. This could include attending hearings, at the participant’s request.
For further guidance on family roles in CARE, see the Family Resource Guide. For more information, see Welfare and Institutions Code Section 5977.
Topics:
- CARE Act Process, Petitioning, Volunteer Supporter
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The CARE process includes multiple legal representatives that serve specific roles, including:
- Respondent’s counsel: An attorney is provided to the respondent at no cost. The respondent’s counsel will work with the county behavioral health agency and respondent’s volunteer supporter (if applicable) to help the respondent access behavioral health treatment. They also represent the respondent in any court proceedings and advise on the CARE process.
- Judicial officers: Judicial officers – also known as judges – are responsible for making sure the court proceedings are conducted in a collaborative way. Additional responsibilities include determining eligibility, explaining the respondent’s rights, evaluating what services were or were not provided, and issuing orders to support the respondent’s access to services.
- Petitioner’s counsel: The “petitioner” is an adult person who petitions a civil court to consider the respondent for the CARE process. It is not required that the petitioner have an attorney help them file the petition, but they may choose to do so at their own expense. Alternatively, if a petition is filed by a county behavioral health agency, the agency may choose to be advised by counsel.
For more information, see the CARE Act Brief on Legal Roles in the CARE Act on the CARE Act Resource Center.
Topics:
- CARE Act Process, Counsel/Courts, Petitioning
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Data will be collected on CARE respondents from the time of petition as follows:
- If the county behavioral health agency is the original petitioner, data collection begins at the time of petition.
- If the county behavioral health agency is not the petitioner, data collection begins when the court orders an investigation by the county.
Topics:
- Data Collection & Reporting, Petitioning
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Every superior court offers assistance through their Self-Help Center to individuals who are not represented by an attorney and are seeking resources and legal information. Self-Help Center staff can assist with filling out forms and providing resources; however, they cannot provide legal advice. Services may be provided in person, by phone, or online. Visit the Self-Help Center locator to find a center in your county.
In addition, the following resources and training materials are available to support petitioners in accurately completing petitions, which promotes an efficient court review process.
- Judicial Council
- CARE Act Forms
- CARE – 050 Form – Information for Petitions About the CARE Act
- CARE – 100 Form – Petition to Commence CARE Act Proceedings
- CARE – 101 Form – Mental Health Declaration
- CARE – 102 Form – Petition to Begin CARE Act Proceedings by Licensed Behavioral Health Professional Only
- CARE Act Eligibility Fact Sheet
- CARE Act Eligibility Criteria video
- CARE Act Resource Center:
- Petitioning at a Glance – Short Video
- Completing a CARE ACT Petition: A Tutorial for Key Steps and Tips
- CARE Act Resources for Petitioners
- Considerations for Petitioning in the CARE Act Process Training
- CARE Act Eligibility in Practice Training
- First Responders & the CARE Act – Brief
- Hospital & Emergency Department Roles in the CARE Act – Brief
- Public Guardian and Conservator Roles in the CARE Act – Brief
- Behavioral Health & Social Service Providers Roles in the CARE Act– Brief
- Justice System Partners Roles in the CARE Act – Brief
- NAMI
Topics:
- CARE Act Process, Counsel/Courts, Eligibility Criteria, Petitioning
- Judicial Council
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The CARE Act does not preclude and in fact contemplates the possibility of another county providing services or supports to a respondent. If a proposed CARE plan includes services and supports to be provided through another local governmental entity, the court may consider a motion by either the petitioner or the respondent to add the other local entity as a party to the CARE proceedings (W&I Code § 5977.1 (d)(4)). If the local entity is added as a party to the proceedings, either voluntarily or through court order, the court may order the local entity to provide the necessary service or support as part of the CARE plan. (See W&I Code § 5977.1(d)(2)&(4)).
Topics:
- CARE Act Process, Counsel/Courts, Housing/Community Supports, Petitioning, Policy/Advocacy
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Several amendments to the CARE Act outlined in Senate Bill 35 address the disclosure of health information to behavioral health agencies and the courts. Health care providers and covered entities are now authorized to disclose to a behavioral health (BH) agency certain health information pertaining to a respondent that is relevant to an investigation, evaluation, or other report or hearing, or to the provision, coordination or management of services and supports. This includes protected health information (PHI) and mental health records (excluding psychotherapy notes).
In matters where the health care provider or covered entity is the petitioner, the CARE Act now requires them to provide this health information to the county BH agency. As specified in Welfare and Institutions (W&I) Code section 5977.4, there is a process for a county BH agency to apply for a court order compelling a health care provider or covered entity to provide health information, if necessary. Further disclosure or redisclosure is not authorized except as expressly provided, and that information disclosed to a county BH agency by a health care provider is confidential and is not subject to disclosure or inspection under the Public Records Act. Additionally, health care providers or covered entities shall not be held civilly or criminally liable for any disclosure authorized or required by these provisions.
Providers should consult with their legal counsel if they have questions or concerns related to the sharing of an individual’s health information.
For a summary of substantive changes established by Senate Bill 35, view the CARE Act SB 35 Amendment Brief.
Topics:
- Behavioral Health, CARE Act Process, Counsel/Courts, Data Collection & Reporting, Petitioning, Policy/Advocacy
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The court may, in its discretion, assign ongoing rights of notice to the original petitioner. If the respondent consents, the court may allow the original petitioner to participate in the respondent’s CARE proceedings. There is no provision for ongoing participation without respondent consent.
Topics:
- Behavioral Health, CARE Act Process, Counsel/Courts, Petitioning
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County behavioral health (BH) agencies have discretion to accept referrals from individuals such as family, community members, or first responders. County BH may choose to assess the individual for CARE eligibility and file a petition, if appropriate.
See California Welfare and Institutions Code (W&I Code) section 5978 and the Referrals to CARE training for more information.
Topics:
- CARE Act Process, Petitioning
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Listed below are recommended resources and trainings to get started learning about the CARE Act. You can also find these at the top of the Training Materials and Resources pages. Many of these materials are available in multiple languages.
Resources:
- The CARE Act at a Glance
- The CARE Process Flow to Treatment, Housing, and Support
- CARE Act Eligibility Criteria
- Volunteer Supporter Toolkit
- How the CARE Act Can Help You Access Support and Treatment: A Peer’s Perspective
- Legal Roles in the CARE Act
- Supporter Role in the CARE Act
Training Materials:
Topics:
- CARE Act Basics, Petitioning
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Any facility that provides assessment, evaluation, and crisis intervention as defined in California Welfare and Institutions (W&I) Code section 5150(a), or a designated facility as defined in W&I Code section 5008(n) may make a CARE referral. If a facility is treating an individual under an involuntary hold who they believe meets or is likely to meet the CARE eligibility criteria, then the facility can make a referral to the county behavioral health (BH) agency in the county of the individual’s residency or the county where the individual is receiving treatment.
DHCS has developed a referral form, however facilities may use other existing forms and/or procedures to make a CARE referral to county BH. Within 14 business days of receipt of a CARE Act referral from a designated facility, county BH is required to complete an assessment of the individual and file a petition if the agency determines that the individual meets or is likely to meet the eligibility criteria and the individual does not engage in voluntary treatment.
While the CARE Act does not specify a process for other facilities to make referrals, there is nothing that prevents them from doing so. Some counties have facilitated these referrals by establishing specific pathways for them.
For more information, review the Referrals to CARE training and the Facility Referrals to the CARE Act Process resource.
Topics:
- Behavioral Health, CARE Act Process, Petitioning
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Early in the CARE process, a judge reviews a CARE petition to determine if it shows that the respondent meets or may meet the CARE eligibility criteria. This is called a prima facie review. The term “prima facie” refers to “at first sight” or based on “first impression.” Judges have broad discretion in making this determination.
According to California Welfare and Institutions Code section 5975, the petition must include facts supporting eligibility. Petitioners should include any documentation or observations that support eligibility, such as personal knowledge of the respondent’s mental health history and observations regarding the severity and persistent nature of their symptoms.
The judge will assess the entire petition packet to determine whether the prima facie standard is met. They may ask the county behavioral health agency to investigate further.
CARE courts are not required to hold a hearing when determining whether a petition meets or may meet eligibility requirements.
For more information, see CARE Act Resources for Petitioners.
Topics:
- CARE Act Process, Counsel/Courts, Eligibility Criteria, Petitioning
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County behavioral health (BH) agencies may not claim CARE Act administrative costs for county counsel staff. County counsel staff are not considered eligible employee types, even if they perform CARE-related duties such as petitioning or appearing in court.
While county counsel staff time itself cannot be claimed, counties may consider reassigning certain administrative tasks—such as preparing and serving notices or coordinating with the court—to designated county BH agency administrative staff.
For more information, review the Claiming for Administrative Activities Related to CARE brief, the Administrative Claiming for the CARE Act training. For additional questions, contact [email protected].
Topics:
- CARE Act Process, Claims / Billing & Sanctions, Other, Petitioning
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Yes, counties are permitted to submit claims to the Department of Health Care Services (DHCS) for outreach and engagement activities incurred prior to filing a petition. Counties may submit claims to the Department of Health Care Services (DHCS) for outreach and engagement activities as outlined in Behavioral Health Information Notice (BHIN) 24-015: CARE Act Reimbursement Rates and Billing Guidance. Senate Bill 1400 and Senate Bill 42 require counties to engage and track respondents before a petition is filed, making pre-petition outreach and engagement activities eligible for reimbursement. You can also review the summary briefs Senate Bill 1400 and Senate Bill 42.
For more information, review the Claiming for Administrative Activities Related to CARE brief, the Administrative Claiming for the CARE Act training, and FAQs related to Claims / Billing & Sanctions. For additional questions, contact [email protected].
Topics:
- CARE Act Process, Claims / Billing & Sanctions, Other, Petitioning
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The CARE Act allows for conservatorship courts to refer an individual to the CARE process, which is a less restrictive alternative. There are two pathways for these referrals.
Direct Court to Court Referral
As stipulated in Senate Bill 27, a referral from a conservatorship court may be made directly to the CARE court. The CARE court may consider the referral as a petition if:- The referral includes all the required information outlined in Welfare and Institutions Code section 5975. (e.g., facts that support the assertion that the individual meets the CARE eligibility criteria), and
- The referral makes a prima facie showing that the individual meets or may meet the CARE eligibility criteria.
If these conditions are met, the CARE court may choose to accept the referral as a petition and shall notify the referring court.
If the CARE court does not consider the referral as a petition, it shall order the conservator or proposed conservator to, within 14 court days:
- Investigate whether a petition should be filed.
- Notify the referring court whether it intends to file a CARE petition.
For more information on this referral pathway, see the Senate Bill 27 brief.
Petition Filed by Conservator
Alternatively, if the conservator believes the individual is or may be eligible for CARE, they may choose to file a petition.While the statute does not set a required timeframe for filing a CARE petition, the petition should be filed as soon as practical.
The courts should determine how to navigate overlapping conservatorship court and CARE court jurisdictions. This includes when and if to terminate the conservatorship proceedings, as well as the role of a conservator in the CARE process after the petition has been filed.
For more information, review the Role of Public Guardians & Conservators in Petitioning training, the Referrals to CARE training, and the Public Guardian and Conservator Roles in the CARE Act brief.
Topics:
- CARE Act Process, Counsel/Courts, Petitioning
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A criminal court may refer individuals to CARE who have been deemed Incompetent to Stand Trial (IST), which includes both Misdemeanor IST (MIST) and Felony IST (FIST). There are two pathways for these referrals.
Direct Court to Court Referrals
As stipulated in Senate Bill 27, a CARE court may consider a referral from an IST court as a petition if:- The referral includes all the required information outlined in Welfare and Institutions Code section 5975. (e.g., facts that support the assertion that the individual meets the CARE eligibility criteria), and
- The referral makes a prima facie showing that the individual meets or may meet the CARE eligibility criteria.
If these conditions are met, the CARE court may choose to accept the referral as a petition and shall notify the referring IST court.
If the CARE court does not consider the referral as a petition, it shall order the county behavioral health (BH) agency to, within 14 court days:
- Investigate whether a petition should be filed.
- Notify the referring court whether it intends to file a CARE petition.
For more information on this referral pathway, see the Senate Bill 27 brief.
Referral to County BH
Alternatively, IST courts may direct a referral to the county BH agency. If the county BH agency believes the individual is or may be eligible for CARE, they may choose to file a petition. The CARE Act does not specify a process for this referral pathway.While the CARE Act does not set a required timeframe for filing a CARE petition, it does specify that if the CARE court does not hold a hearing to determine eligibility within a set time, individuals in custody are to be released pending the hearing.
For more information, see the Senate Bill 27 brief and review the Referrals to CARE training.
Topics:
- CARE Act Process, Counsel/Courts, Petitioning
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No, evidence that the respondent was detained for intensive treatments (5250s) is not necessarily a requirement for a CARE petition.
If you are a licensed behavioral health professional filling out the CARE-102 form, you are not required to provide evidence of evidence of at least two 5250 holds.
If you are completing a CARE-100 petition form, you will be asked to include one of two things: (1) Evidence of at least two 5250 holds, the most recent one within the last 60 days, or (2) a completed CARE-101 (Mental Health Declaration). Evidence of intensive treatments could include:
- Documented evidence from the facility where the respondent was detained.
- A copy of the certification of intensive treatment.
- Hospital discharge paperwork.
- Signed declaration from a witness or someone that has personal knowledge of the detentions (including the petitioner).
Alternatively, the petitioner may include information as to their personal knowledge of the hospitalizations on the form CARE-100 itself, in narrative form.
The judge will determine if the evidence or information provided supports a determination that the respondent was previously hospitalized as required by the statute.
See CARE Act Resources for Petitioners for more information.
Topics:
- CARE Act Process, Counsel/Courts, Eligibility Criteria, Petitioning
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A petition that is missing an address, legal name, or other identifying information may be accepted by the court. It is important for petitioners to include any detailed information available (e.g., street name, physical description) to assist the county behavioral health agency in identifying and locating the respondent to begin outreach and engagement.
The petition and any subsequent case documents may be amended when the legal name and other specific information is known about the respondent.
Topics:
- CARE Act Process, Counsel/Courts, Eligibility Criteria, Petitioning
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Following the prima facie review that the respondent meets or may meet the CARE eligibility criteria, a county behavioral health (BH) agency may be required to investigate and provide a report to the court. The process for submitting the report is dependent upon who filed the petition.
For a CARE petition filed by county BH, if the court determines the petition does not include all of the necessary information, the court will order county BH (via CARE-105 form or another form as determined by the court) to submit a written supplemental report within 14 court days.
For a CARE petition filed by someone other than county BH, the court shall order county BH (via CARE-105 form) to investigate, as necessary, and file a written report with the court as soon as practicable but within 30 court days. The court shall also order the county to provide notice (via CARE-106 form) to the respondent and petitioner that a report has been ordered.
Upon the request of county BH, if the court finds that the county is making progress to engage the respondent, the court may grant up to 30 additional days to continue to engage and enroll the individual in voluntary treatment and services. County BH shall provide notice to the respondent and petitioner that an extension for filing a report has been granted.
For more information, see California Welfare and Institutions Code section 5977, the Referrals to CARE training, and the Assessment Activities in CARE training.
Topics:
- CARE Act Process, Counsel/Courts, Eligibility Criteria, Petitioning
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If an individual declines to participate in an assessment as part of the county investigation, county BH should include all available collateral information to complete the report.
County BH should document:
- Engagement attempts, including any reasons the individual may have provided in choosing not to participate.
- Observations from engagement efforts, including any visible symptoms or behaviors (e.g., paranoia, hallucinations, agitation).
- Relevant history from prior behavioral health services, hospitalizations, or chart reviews.
- Statements from providers, outreach teams, and the petitioner.
The goal of the county investigative report is to help the court make a determination if the individual is eligible for CARE and whether the individual can be voluntarily engaged in services. It will be up to the court to determine if the information is sufficient for the case to move forward or how to proceed given the individual’s unwillingness to participate. If requested, the court may grant an extension to file the report to allow county BH more time to build rapport with the respondent so that they feel more comfortable with the assessment process.
For more information, please review the Assessment Activities in CARE training and the Strategies for Outreach & Engagement in CARE training.
Topics:
- Behavioral Health, CARE Act Process, Case Worker / Case Manager, Petitioning
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There are two options available for CARE Act petition forms, depending on who is filing the petition. Any petitioner may use the CARE- 100 form (Option 1 below), while the CARE – 102 form (Option 2 below) is intended for Licensed Behavioral Health Professionals.
In both options, the petition forms ask for information to help the court determine the individual’s eligibility for CARE.
Option 1: General Petition Process
Most petitioners will use the Petition to Commence CARE Act Proceedings (CARE-100) form for petitioning. The petition provides opportunities to include narrative information to support the petition. The petitioner may also attach supportive documents. The completed petition must be accompanied by one of two things:- Mental Health Declaration Form (CARE-101), which must be completed by a licensed behavioral health professional. Senate Bill 27 provides that nurse practitioners and physician assistants are considered Licensed Behavioral Health Professionals only for the purpose of signing this declaration.
OR - Evidence that the respondent was detained for at least two intensive treatments, the most recent one within the last 60 days. There are no specific requirements for providing this evidence. The petitioner may include written information as to their personal knowledge of the hospitalizations on the form CARE-100, or may choose to include other forms of evidence of intensive treatment, such as:
- Documented evidence from the facility where the respondent was detained.
- A copy of the certification of intensive treatment.
- Hospital discharge paperwork.
- Signed declaration from the petitioner if they have personal knowledge of the detentions.
- Signed declaration from a witness or someone that has personal knowledge of the detentions.
Option 2: Streamlined Process for Licensed Behavioral Health Professionals
Petitioners who are licensed behavioral health professionals may opt to use the Petition to Begin CARE Act Proceedings by Licensed Behavioral Health Professional Only (CARE-102). This form combines both the petition and the declaration from the Licensed Behavioral Health Professional into one document.For more information, see the Resources for Petitioners page.
Topics:
- Behavioral Health, CARE Act Basics, CARE Act Process, Petitioning
- Mental Health Declaration Form (CARE-101), which must be completed by a licensed behavioral health professional. Senate Bill 27 provides that nurse practitioners and physician assistants are considered Licensed Behavioral Health Professionals only for the purpose of signing this declaration.
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Senate Bill (SB) 27 was signed by Governor Newsom on October 10, 2025, and goes into effect on January 1, 2026. SB 27 amends provisions of the CARE Act in a number of ways:
- Adds bipolar I disorder with psychotic features, except psychosis related to current intoxication, as an eligible diagnosis.
- Defines “clinically stabilized in ongoing voluntary treatment.”
- Provides a process by which certain court referrals can constitute a CARE petition without a separate petition form being filed.
- Allows criminal courts to consider CARE referrals earlier for individuals found incompetent to stand trial (IST) in misdemeanor cases.
- Allows nurse practitioners and physician assistants to sign an affidavit in support of a CARE petition.
- Makes other technical amendments to the CARE process.
Access the Senate Bill 27 Amendments brief for a more detailed summary of SB 27’s provisions.
Topics:
- CARE Act Process, Petitioning
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The petition helps a judge determine if an individual may be eligible for CARE.
Key points to include:
- Confirmed or provisional diagnosis of an eligible psychotic or mood disorder.
- Observed symptoms and behaviors that are severe in degree and persistent in nature (e.g., delusions, paranoia, hallucinations, disorganized speech/behavior, blunted affect, seclusive behavior).
- Declining mental/physical state affecting basic needs.
- Challenges with self-care tasks (e.g., personal hygiene, dressing).
- Issues with housing, transportation, and finances.
- Difficulty forming and maintaining social relationships.
- Repeated refusal of or interruptions to treatment, including ineffective treatment.
For more information, see the Resources for Petitioners page.
Topics:
- CARE Act Basics, CARE Act Process, Eligibility Criteria, Petitioning
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If the respondent does not reside in the county where their CARE petition is filed, then the proceeding shall, with the respondent’s consent, be transferred to the county of residence as soon as reasonably feasible. Should the respondent not consent to the transfer, the proceedings shall continue in the county where the respondent was found (W&I Code § 5973(b)).
Transfer of a CARE case to another county
Until the transfer is complete, the original county remains responsible for providing or coordinating services identified in the CARE agreement or CARE plan and for participating in the CARE process.To support continuity of care during a transfer, county behavioral health (BH) agencies in both counties, in coordination with the courts, are encouraged to work collaboratively to avoid service disruption.
County BH can support a smooth transition by sharing the respondent’s CARE agreement or CARE plan and other relevant information, with the respondent’s consent or as otherwise legally permissible. County counsel can advise on confidentiality requirements, including the legal authority to share health information with another county. Counties may additionally support the respondent, and others the respondent wishes to include, to participate remotely in court hearings and related meetings when appropriate.
If a CARE case is transferred, the county where the petition originated should close out reporting for the respondent using Data Element 3.3.10 (Current CARE Status 2, 7, or 9, as applicable) and indicate “client transferred to another county” for Data Element 3.3.11(b) or 3.3.13, as required. The receiving county should begin CARE reporting for the respondent as a new CARE petition.
If the respondent does not consent to a transfer
If the respondent does not consent, the CARE proceeding will remain in the county where the petition was filed. The original county should continue to provide or coordinate CARE services, working with the respondent’s county of residence as appropriate. If the original county finds that providing or coordinating services from a distance is not feasible, the court may determine whether continuation of the CARE case in that county remains appropriate. The respondent’s county of residence may independently determine whether to file a CARE petition in its jurisdiction.Topics:
- Behavioral Health, CARE Act Process, Petitioning