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CARE-050-INFO Information for Petitioners—About the CARE Act

This information sheet describes the CARE Act and how to fill out Petition to Begin CARE Act Proceedings (form CARE-100). A court self-help center may also be able to help you. Go to selfhelp.courts.ca.gov/self-help/find-self-help to find your court’s self-help center. Note: There is no cost to file a CARE Act petition.

1 What is the CARE Act? CARE stands for Community Assistance, Recovery, and Empowerment. The CARE Act allows a person in one or more of 14 categories (see page 2) to file a petition asking a court to start proceedings intended to get help for an adult who has a schizophrenia spectrum disorder or another psychotic disorder and meets several other requirements. The person who asks the court to start the proceedings is called the petitioner. This form assumes that you are thinking about whether to file a petition and become a petitioner. The person who you think needs help is called the respondent. If the court decides that the respondent is eligible for the CARE Act, the county behavioral health agency will work with them to try to reach a CARE agreement, as described in item 2.

2 What is a CARE agreement or CARE plan? A CARE agreement and a CARE plan are written documents that describe services to support the recovery and stability of the respondent. They must be approved by court order. Services may include clinical behavioral health care; counseling; specialized psychotherapy, programs, and treatments; stabilization medications; a housing plan; and other supports and services provided directly and indirectly by local government. The agreement or plan cannot give anyone the right to use force to medicate the respondent. A CARE agreement is a voluntary agreement for services and treatment between the respondent and the county behavioral health agency after a court has found that the respondent is eligible for the CARE program. For the agreement to be valid, the court must approve it. The court can change the agreement before approving it. A CARE plan is a set of community-based services and supports for the respondent that is ordered by the court if the respondent and the county cannot reach a CARE agreement. A CARE plan or CARE agreement may be amended if the respondent and the county agree to amend the plan or agreement. The court may also approve amendments to a CARE plan without the parties’ agreement if the court holds a hearing and finds that the amendments are needed to support the respondent in getting the help they need.

3 Have you thought about ways to help other than CARE Act proceedings? There may be other ways to help a person with a serious mental illness. If the person has private health insurance, contact their health plan/insurer. If you do not know if the person has private health insurance or if they do not have private insurance, contact your county’s behavioral health agency or check its website. County behavioral health agencies offer many services. These include services like counseling, therapy, and medication and can also include programs like full-service partnerships, rehabilitative mental health services, peer support services, intensive case management, crisis services, residential care, substance use disorder treatment, assertive community treatment, and supportive housing. Counties are required to provide services to Medi-Cal beneficiaries who qualify for specialty mental health and substance use disorder services. They are also allowed to provide their services to people who do not receive Medi-Cal, depending on local funding and eligibility standards. These services do not require a court order. Also, you can refer someone to your local behavioral health agency. The agency can investigate and may decide to file a petition itself, but it is not required to do so. Find out if the person has made an advance health care directive or psychiatric advance directive. These written documents name someone else to make health care decisions for a person when that person cannot. If the person has a directive, you can contact the person named in it to ask for their help. Think about looking into local social services and community-based programs too.

Judicial Council of California, courts.ca.gov CARE-050-INFO, Page 1 of 7Rev. July 1, 2026, Optional Form Information for Petitioners—About the Welf. & Inst. Code, §§ 5971–5975.1, 5975.3, 5977, 5978 CARE Act

CARE-050-INFO Information for Petitioners—About the CARE Act

4 How do I complete Petition to Begin CARE Act Proceedings (form CARE-100)? This section walks you through the petition, form CARE-100, item by item. Item 1: Names and Age As noted on page 1, you are the petitioner, the person asking the court to start CARE Act proceedings for the respondent, a person who needs help because of a serious mental disorder. In item 1 of form CARE-100, enter your name, the respondent’s name, and the respondent’s date of birth (or, if you don’t know it, give the respondent’s approximate age). Item 2: What Type of Petitioner Are You? In item 2, confirm that you are an adult, and check the box next to each petitioner type that applies to you: A person who lives with the respondent. The director of adult protective services of the county The respondent’s spouse or registered domestic partner, where the respondent lives or is present, or the parent, sibling, child, or grandparent. director’s designee. A person who has authority to act as the respondent’s The director of a California Indian health services parent. program or tribal behavioral health department that is or has, within the previous 30 days, been providing The director of a county behavioral health agency of the behavioral health services to the respondent, or the county where the respondent lives or is present, or the director’s designee. director’s designee. A first responder who has encountered the respondent A licensed behavioral health professional who is or has multiple times to arrest or involuntarily detain the been supervising the treatment of or treating the respondent, engage the respondent in voluntary respondent for a mental disorder within the last 30 days, treatment, or make other efforts to get the respondent or the professional’s designee. professional help. The director of a public or charitable agency who is or The public guardian or public conservator of the county has, within the last 30 days, been providing behavioral where the respondent lives or is present, or the public health services to the respondent or in whose institution officer’s designee. the respondent resides, or the director’s designee. A conservator or proposed conservator referred from a The director of a hospital in which the respondent is or proceeding under the Lanterman-Petris-Short (LPS) Act. was recently hospitalized, or the director’s designee. The respondent. A California tribal court judge in whose court the respondent has appeared within the previous 30 days, or the judge’s designee.

Item 3: Your Interaction With the Respondent Describe your interactions and relationship with the respondent in item 3. For example, describe how you know the respondent, how often you see or talk with them, when (give the date) you last saw them, and what happened when you interacted with the respondent. Item 4: The Respondent's Contact information If you know where the respondent lives, enter that address in item 4a. If you do not know the respondent’s address or if they do not have one, give the respondent’s last known location and any other information, such as a post office box where they get mail or locations where they are frequently found, that might help to locate the respondent. In item 4b, provide the respondent’s phone number—including whether they respond to text messages—and their email address, if any. If you are in contact with the respondent, check the box or boxes in item 4c that show all ways you have been able to contact them. Then, if respondent needs any language assistance, check the box in item 4d and identify the respondent’s preferred language.

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CARE-050-INFO Information for Petitioners—About the CARE Act

Item 5: The Right Court and County You can file a petition only in a county where the respondent lives, where the respondent is currently located, or where the respondent is involved in a court case. In item 5, check the box or boxes that show why the county where you are filing the petition is the right place to file. If the respondent does not live in the county, state what county they live in, if you know it. Item 6: Required Supporting Evidence You must include supporting evidence in or with the petition. That evidence must be one of the following: a. A completed declaration by a licensed behavioral health professional on Mental Health Declaration—CARE Act Proceedings (form CARE-101); OR b. A statement or documentation that the respondent has been hospitalized at least twice for involuntary treatment, and that the most recent hospitalization ended no more than 60 days before you file the petition. If you know personally about the respondent’s hospitalizations for involuntary treatment, you can describe them in the space provided in item 6a. You can also check item 6b and attach documentation, such as copies of certifications for intensive treatment, declarations from one or more witnesses to the involuntary treatment, or other documents showing that the respondent was hospitalized at least twice for involuntary treatment. At least one piece of evidence in or with the petition should show the beginning and ending (discharge) dates of the most recent treatment period. Note: For purposes of the CARE Act, “involuntary treatment” includes only a 14-day hold for intensive treatment authorized by Welfare and Institutions Code section 5250. It does not refer to treatment authorized by any other statute, including but not limited to a 72-hour hold under Welfare and Institutions Code section 5150 or treatment under Welfare and Institutions Code sections 5260, 5270.15, and 5270.70. Item 7: The Respondent's Eligibility for the CARE Process Your petition must state facts and provide information to support your claim that, to the best of your knowledge, the respondent is eligible for the CARE Act process. All of the following requirements, which are listed in items 7a–7f on form CARE-100, must be met for a respondent to be eligible. If you are attaching a declaration on form CARE-101 (see item 6a above) containing the information required by this item, then you may check the box at the beginning of item 7 and not fill out the rest of that item. Please note that the situations discussed below are only examples of circumstances that may qualify. The court decides whether a respondent is eligible based on facts about that respondent. Requirements Explanations Examples The respondent must be 18 years old or older and must meet each requirement identified below: Have a diagnosis as defined in the Only a person with a schizophrenia Eligible diagnoses include: current Diagnostic and Statistical spectrum or other psychotic disorder, schizophrenia, schizophreniform Manual of Mental Disorders of a or bipolar I disorder with psychotic disorder, schizoaffective disorder, schizophrenia spectrum disorder or features, is eligible for the CARE Act. delusional disorder, schizotypal another psychotic disorder in the A person who does not have one of personality disorder, bipolar I same class, or bipolar I disorder with these diagnoses is not eligible even if disorder with psychotic features, psychotic features, except psychosis they have a different serious mental except psychosis related to current related to current intoxication (item disorder, such as major depression. intoxication, and other psychotic 7a). disorders. Note: The person’s diagnosis must not be based on a medical condition, including a physical health condition such as a traumatic brain injury, autism, dementia, or a neurological condition. A person with a current diagnosis of substance use disorder must also have a psychotic disorder and meet all the other criteria in item 7 to be eligible.

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CARE-050-INFO Information for Petitioners—About the CARE Act

Requirements Explanations Examples

Be currently experiencing a serious Indicate any behaviors, such as If caused by a chronic, prolonged, or mental disorder that (item 7b): delusions, hallucinations, or recurrent mental disorder: unusual and ongoing mood Is severe in degree and persistent in Difficulty with self-care (e.g., changes, that substantially interfere duration, bathing, grooming, obtaining and with the respondent’s ability to eating food, using the restroom, May cause behavior that interferes perform essential and routine tasks dressing appropriately for the substantially with the person’s needed for work or self-care. weather, securing health care, or activities of daily living, and following medical advice). Poor Describe why you believe the May lead to an inability to maintain hygiene or being unhoused alone is respondent is unable to live stable adjustment and independent not sufficient. independently, function in the functioning without treatment, Difficulty maintaining a residence, community, and take care of their support, and rehabilitation for a using transportation, or managing condition and social relationships long or indefinite period. money day to day. without additional help. Difficulty concentrating or completing tasks as scheduled. Difficulty functioning socially, creating and maintaining relationships.

Not be clinically stabilized in ongoing Describe why you believe the Repeated and ongoing refusal to voluntary treatment (item 7c). A respondent is not being adequately accept voluntary treatment without person is clinically stabilized in supported in a voluntary treatment reason. ongoing treatment if their condition is program such that their condition and Temporary acceptance of voluntary stable and not deteriorating, and they symptoms are stable. treatment that is interrupted by are currently engaged in treatment Enrollment in treatment alone is not failure or refusal to continue the and managing symptoms through enough to be considered clinically treatment without reason. medication or other therapeutic stabilized in ongoing voluntary interventions. Voluntary treatment is accepted, treatment. but that treatment is not effective to stabilize the respondent. At least one of the following must be true (item 7d): The respondent is unlikely to survive Indicate recent instances where the Recent or frequent hospitalizations safely in the community without respondent has needed supervision to due to symptoms such as delusions, supervision and the respondent’s survive in the community due to hallucinations, disorganization, condition is substantially deteriorating confusion or impaired insight. impaired insight, impaired (item 7d(1)). judgment. Describe how the respondent’s Recent or frequent arrests due to a ability to think clearly, communicate, mental disorder. or participate in regular activities has been getting worse recently. OR (see next page)

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CARE-050-INFO Information for Petitioners—About the CARE Act

Requirements Explanations Examples The respondent needs services and Describe how the respondent would A person who has immediate supports to prevent a relapse or become gravely disabled or likely to access to safe housing but chooses, deterioration that would likely result cause serious harm to themselves or because of a mental disorder, to in grave disability or serious harm to others without services and supports. live in conditions that could lead to the respondent or others (item 7d(2)). a serious danger to their health. Grave disability includes a person’s inability, due to a mental A person who recently attempted disorder, to provide for their basic suicide because of their mental personal needs for food, clothing, disorder and continues to express a shelter, safety, or medical care. desire to harm themselves. Serious harm includes injury Self-injuring behavior, such as causing extreme pain, high risk of walking into traffic or harming death, or loss of physical or mental oneself unknowingly through functions. behavior that puts them at risk for serious injury or death. The respondent’s participation in a CARE plan or CARE agreement must: Be the least restrictive alternative Explain how participation in a CARE Examples of less restrictive necessary to ensure the respondent’s plan or CARE agreement: alternatives might include: recovery and stability (item 7e), and Would effectively meet the Voluntary full-service respondent’s treatment needs partnerships, which are while placing as few limits as collaborative relationships between possible on the respondent’s rights the county and the individual, and and personal freedoms. when appropriate the individual’s Is necessary because other less family, through which the county restrictive alternatives would not plans for and provides the full ensure the respondent’s recovery spectrum of community services. and stability; for example, because Supported decisionmaking, other less restrictive alternatives which is an individualized process have not been successful. of supporting and accommodating an adult with a disability to enable them to make life decisions without impeding their self- determination. Assertive community treatment, which is a person-centered, recovery-based treatment option that employs low client-to-staff ratios. Be likely to benefit the respondent Explain how participating in a CARE The respondent’s prior (item 7f). plan could help the respondent improvement when participating stabilize and improve their current in similar treatment programs. state and situation. Medical opinion that the patient would benefit from treatment. Note: Include in the petition as much information as you have about each item listed above. If you notice you’re repeating yourself, you can say that you already gave the information and say where you said it before. You may also attach any documents you have that support one or more of those items. Rev. July 1, 2026 Information for Petitioners—About the CARE-050-INFO, Page 5 of 7 CARE Act

CARE-050-INFO Information for Petitioners—About the CARE Act

Item 8: Other Optional Information In item 8, check any of the boxes that apply to the respondent and provide any requested information that you know. Please find information about specific sections of item 8 below. Note: If you don’t know the information requested in any part of item 8, leave that part blank. The petition will be processed even if you do not complete item 8. Regional Center: If you know that respondent is served by a regional center, please check item 8b, provide the name and location of the center, and list any services the center provides to the respondent. A list of service centers can be found at dds.ca.gov/rc/listings/ . Tribal Enrollment or Services From an American Indian Health Care Provider: If you know that the respondent is a member of a federally recognized Indian tribe or is receiving services from a California Indian health care provider, tribal court, or tribal organization, include that information in item 8d or item 8e. Juvenile Court Information: If the respondent is within a juvenile court’s jurisdiction as a dependent, ward, or nonminor dependent, fill out item 8f. Give the court name, the case number, and contact information for the respondent’s juvenile court attorney. Conservator Information: If the respondent has a conservator, fill out item 8g. Give the court name, the case number, and contact information for the respondent’s conservatorship attorney.

Item 9: Court Referral If you are filing a petition in response to a referral from another court proceeding, fill out item 9. Give the name of the referring court and the case number, department, and type of case, if you know it. If you have a copy of the referral order, label it “Attachment 9” and attach it to the petition.

Item 10: Attachments In item 10, list the total number of pages attached to the petition.

Signature: You must write the date, print your name, and sign the petition under penalty of perjury. That means that if you have stated anything that you know is not true on the form, you may be criminally liable. If you have an attorney helping you, they will sign as well.

5 Am I required to give or send the petition to the respondent or anyone else? No. To begin CARE Act proceedings, you must file the petition with the court. You do not need to give or send a copy of the petition to the respondent or anyone else.

6 What will happen after I file the petition? After you file the petition, the court will review it and the supporting documents filed with it. The court will decide if the documents show that the respondent meets or may meet the CARE Act eligibility requirements. Then the court will either: a. Dismiss the petition if it finds (1) that the petition does not show that the respondent meets or may meet the CARE Act eligibility requirements or (2) that the respondent is voluntarily working with the county agency, their engagement is effective, and the respondent has enrolled or is likely to enroll in voluntary treatment through the county or another provider. OR b. Order a report if it finds that the petition shows that the respondent meets or may meet the CARE Act eligibility requirements. The court order will require a county agency to engage the respondent and file a written report with the court as soon as practicable, but within 30 court days. If the court orders a report, the county agency will notify you and the respondent. Note: The procedures are different if the county behavioral health agency is the petitioner.

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CARE-050-INFO Information for Petitioners—About the CARE Act

7 The initial appearance If the court finds that the county agency’s report supports the petition’s showing that the respondent meets or may meet the CARE Act eligibility requirements and the county’s engagement with the respondent was not effective, the court will set an initial appearance. The court will also order the county to give notice of the initial appearance to you, as well as to the respondent, the respondent’s appointed counsel, and the county behavioral health agency. You, the petitioner, must be present at the initial appearance, or the court may dismiss the petition. You will receive a notice in the mail of the date, time, and place of the initial appearance. Note: At the initial appearance, the director of the county behavioral health agency, or the director’s designee, will replace you as the petitioner.

8 Do petitioners have any rights? You have the right to go to the hearing on the merits and make a statement. And if the respondent agrees, the court may also allow you to participate in the rest of the CARE Act proceedings. If you live with the respondent; are the spouse, parent, sibling, child, or grandparent of the respondent; or are someone who has authority to act as a parent, the court will provide ongoing notice to you throughout the CARE Act proceedings, including notice of when a court proceeding is postponed or when the case is dismissed. However, the court will not provide this notice if the court decides that giving notice to you would not be in the best interest of the respondent or their treatment. If the petition is dismissed and later the respondent’s situation changes, you may file a new petition with the court.

9 What is a vexatious litigant? A vexatious litigant is a person whom a court has found to have used the court process to harm or annoy other people by repeatedly suing them or filing other papers against them without a good reason. A CARE Act court may find that a person is a vexatious litigant if that person files more than one CARE Act petition that is not true or is intended to disturb, harm, or annoy the respondent. Once declared a vexatious litigant, a person may be placed on a vexatious litigants list kept by the Judicial Council. The court may enter an order that prevents a vexatious litigant from filing any new litigation, including other types of cases (not just CARE Act petitions), without first getting permission from the trial court presiding judge. If such an order is issued, the court may fine a person who does not follow the order or send them to jail for contempt of court.

10 What if I don't speak English? When you file your papers, ask the clerk if a court interpreter is available. You can also use Request for Interpreter (Civil) (form INT-300) or a local court form or website to request an interpreter. For more information about court interpreters, go to https://selfhelp.courts.ca.gov/request-interpreter.

11 What if I have a disability? If you have a disability and need an accommodation while you are at court, you can use Disability Accommodation (form MC-410) to make your request. You can also ask the Americans with Disabilities Act coordinator in your court for help. For more information, see How to Request a Disability Accommodation for Court (form MC-410-INFO) or go to https://selfhelp.courts.ca.gov/jcc-form/MC-410.

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