CARE Act
The Community Assistance, Recovery, and Empowerment (CARE) Act is a civil court process to help individuals with severe mental illness access behavioral health, medication support, and housing services.
Court Process
The CARE Court is a new civil process that allows specific people, called “petitioners,” to request voluntary treatment, services, support, and a housing plan for people, called “respondents,” who have certain untreated severe mental illnesses, specifically schizophrenia or another psychotic disorder.
The CARE Court Process:
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Focus counties and other local governments on serving persons with untreated schizophrenia spectrum or other psychotic disorders.
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Provides behavioral health and other essential resources and services.
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Protects self-determination and civil liberties by providing legal counsel and promoting supported decision making.
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Can provide quicker interventions in the lives of those in need to provide support.
Who Qualifies as a Respondent?
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Adults, 18 years or older.
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Diagnosed with certain untreated mental illness, specifically schizophrenia other psychotic disorder.
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Currently experiencing behaviors and symptoms associated with severe mental illness (SMI).
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Not clinically stabilized in on-going voluntary treatment.
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At least one of the following:
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Unlikely to survive safely without supervision, and condition is substantially deteriorating.
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Needs services and support to prevent relapse or deterioration, leading to grave disability or harm to others.
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Participation in a CARE Plan or Agreement is the least restrictive alternative, to ensure recovery and stability.
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Likely to benefit from participating in a CARE Plan or Agreement.
All cases will begin with a petition (form CARE-100).
A judge will review the petition to determine if the petitioner made an initial showing that the respondent may meet the CARE criteria. After subsequent reports and hearings, a judge will decide if the respondent meets the criteria. If the parties reach an agreement or the Court adopts a plan, then the Court will hold review hearings.
Respondents who meet the criteria will receive services for up to one year. At that point they may graduate from the program, remain in the program, or the Court may involuntarily reappoint them to the program. If they remain in the program, then they will receive services for up to one additional year.
Where and How to File a Petition
A completed CARE Act Petition (CARE-100) and supporting documentation (CARE-101) or (other evidence listed above) may be filed in-person at the Shasta County Superior Court located at 1515 Court street.
Completed CARE Act Petitions and supporting documentation may also be filed by mail using the mailing address below:
Shasta County Superior Court
Attn: Probate Division – CARE Act
1515 Court St
Redding, CA 96001
There is no fee required to file a Petition for CARE Act proceedings. To begin CARE Act proceedings you do not need to provide anyone except the court with a copy of the petition, however, you may want to keep a copy of your filed forms for your own records.
CARE Acts Forms and Supporting Documentation
Information:
- Information for Petitioners (CARE-050-INFO) – individuals or agency representatives looking to initiate a court proceeding under the CARE Act requirements
- Information for Respondents (CARE-060-INFO) – individuals who are the subject of a CARE Act petition
Form required to start CARE Act court proceedings:
- Petition to Commence CARE Act Proceedings (CARE-100)
Supporting documentation must be attached to the petition in one of two ways:
- A declaration by a licensed behavioral health professional on the following form: Mental Health Declaration – CARE Act Proceedings (CARE-101); or
- Evidence that the respondent was detained for a minimum of two intensive treatments, the most recent one within the last 60 days. Evidence can include copies of certification for intensive treatment, a declaration from a witness to the intensive treatment, or other documents showing that the respondent was detained twice for up to 14 days of intensive treatment. Evidence should include the dates of the last treatment period.
Additional forms and translations:
- Please refer to the Judicial Council of California’s website for additional CARE Act forms. Several forms can be accessed in Spanish, Vietnamese, Korean and Chinese translations.
Additional Resources
- California Courts Overview
- Includes instructions for completing and filing a petition
- Specifies who is eligible for CARE Court and which conditions are not eligible
- Specifies who can file a petition
- Contains additional resources available in English, Spanish, Chinese, Vietnamese, and Korean
- CARE Act Resource Center
- Contains information and trainings on topics in CARE Court
- CARE Court | Shasta County CA
- Contact info:
- Shasta County Behavioral Health and Social Services
- 2640 Breslauer Way, Redding, CA 96001
- (530)229-8400
- Contact info:
- Shasta County Superior Courts Self-Help Center
- The Self-Help Center can provide information about the CARE Act and can assist with documentation preparation for CARE Petitions.