CARE Court
Families are used to being told there is nothing they can do — that their adult child has the right to refuse treatment, that the hospital cannot talk to them, that they should call back if things get worse. CARE Court is one of the few processes in California that lets a family member go directly to a judge and ask for help.
It is not a cure, and it is not available to everyone. But for some families whose loved one keeps cycling through hospitals without ever getting stable, it is a real option worth understanding.
What CARE Court Is
CARE Court is the civil court process created by the Community Assistance, Recovery, and Empowerment Act. It connects eligible adults with behavioral health treatment, stabilization medication, housing support, and other services.
A case may end in a voluntary CARE agreement or, if no agreement is reached and the legal requirements are met, a court-ordered CARE plan. The court may address medication as part of a plan, but medication cannot be forcibly administered through CARE Court.
Who May File
A petition may be filed by, among others:
- A person who lives with the individual in need of treatment (called the respondent)
- A spouse, parent, sibling, child, or grandparent
- A person who stands in the place of a parent
- Certain treating professionals, service providers, first responders, and public officials
- The respondent seeking CARE services for themselves
A friend who does not live with the person may file only if they fall within another authorized category.
Who May Qualify
In general, the person must:
- Be at least 18 years old
- Have a qualifying diagnosis of a disorder within the schizophrenia spectrum or other psychotic disorders, or bipolar I disorder with psychotic features
- Currently experience serious, persistent mental illness
- Not be clinically stabilized in ongoing voluntary treatment
- Need CARE Court as the least restrictive option to achieve recovery and stability
- Be likely to benefit from a CARE agreement or court-ordered CARE plan
And meet at least one of these two conditions:
- Be substantially deteriorating and unlikely to survive safely without supervision; or
- Need services and support to prevent relapse or deterioration likely to result in grave disability or serious harm to themselves or others.
A substance use disorder alone does not qualify. Being enrolled in some form of treatment does not automatically mean a person is stable — the question is whether the condition is actually holding steady and the person is managing symptoms.
What Filing Involves
A family or household member files a CARE-100 petition describing the facts and attaching one of two kinds of supporting evidence:
- A mental health declaration from a qualified behavioral health professional who has examined the person within the past 60 days, or who has made repeated attempts to do so during that period; or
- Evidence of at least two periods of intensive treatment under a 5250 certification, the most recent within the past 60 days. This can be shown through official records or by the petitioner's signed declaration based on personal knowledge. A 5150 hold alone does not count as a period of intensive treatment.
A CARE petition is filed in the county where your loved one lives, usually with the probate clerk. Most courts accept petitions in person; many also offer e-filing, and some accept them by mail. There is no filing fee.
Procedures vary by county, so start with your local superior court's website and search for "CARE Act." Every court also has a self-help center that can help you complete form CARE-100 at no charge.
What Happens After Filing
The court reviews the petition and, if it shows the person meets or may meet the criteria, orders the county to investigate, attempt voluntary engagement, and report back—usually within 14 court days, unless the court allows more time. The court appoints an attorney for the respondent.
If the report supports the petition, the court sets an initial appearance. The original petitioner must attend or the case may be dismissed. At that hearing, the county behavioral health agency takes over as petitioner. Family and household petitioners retain the right to be present and speak at the hearing, to receive ongoing notice of hearings, continuances, and dismissals (unless the court finds notice would harm the respondent), and to refile if the case is dismissed and circumstances change. Participation in CARE Court is voluntary and depends on the respondent's consent.
Once the court approves a CARE agreement or court-ordered plan, it runs up to one year and may be extended once for up to another year.
How We Help
Not every situation fits the CARE Act, and a petition that cannot be supported does a family no good. Our first job is to give you an honest assessment: whether the criteria can realistically be met, what evidence the court will require, and what your role will be after filing—including how it changes once the county behavioral health agency takes over the case.
Many families can prepare and file the petition on their own with free help from the court's self-help center, and once the county becomes the petitioner, it carries the case forward. Others prefer a lawyer to assess eligibility, gather the supporting evidence, prepare the petition, and present the family's history at the hearings. We can do all of that, or just a consultation or review of a petition you have drafted yourself, and we will tell you candidly which option makes sense for your situation.
Timing and Availability
Whether a CARE petition is the right path depends on the diagnosis, the available evidence, the treatment history, and the alternatives. The CARE Act is still new and has been amended many times since it took effect, so its eligibility criteria, filing rules, and procedures may change; the information here is general and is not legal advice about your situation. We accept a CARE matter only after a legal consultation in which we assess the circumstances, tell you whether we can help, and confirm our availability.
This page provides general information, not legal advice. Laws, court procedures, eligibility rules, and available services change, and legal options depend on current law and the circumstances of each case.
We're Here to Help
If someone you love may qualify for CARE Court, reach out to Blumen & Tauro, Treatment Law℠. We'll listen and tell you whether we can help.