The Community Assistance, Recovery, and Empowerment (CARE) Act is a collaborative court model that supports community members living with qualified mental health disorders. CARE is a voluntary program, and its goal is to help participants live independently and safely. 

CARE Court focuses on individualized support for qualifying respondents and aims to provide stable housing, medication management and support, wrap-around behavioral health services, substance use treatment and recovery services, vocational and educational resources, and assistance in obtaining financial and medical benefits. 

CARE court is not a criminal proceeding, and it is not meant to punish anyone. It is also different from a typical civil case where one person is suing another. CARE Court is a voluntary process that brings the participant, county Behavioral Health professionals, and the court together to work toward the participant's goals of recovery and stability. The aim of CARE Court is to connect people with qualifying psychotic disorders to treatment, services, and support, with the court helping to oversee the process. 

Yes.  Generally, all reports, evaluations, diagnoses, documents, and filings submitted during CARE Act proceedings are confidential and the hearings are closed to the public. CARE  Court proceedings cannot be used in other proceedings except in specific LPS conservatorship hearings, initiated by the Public Guardian and occurring within six months of an unsuccessful CARE Plan. 

Individuals must meet all of the following criteria to be eligible for CARE Act court proceedings:

• 18 years or older.
• Diagnosed with a disorder within the "schizophrenia and other psychotic disorders" class or Bipolar I with psychotic features (unrelated to intoxication).  View full list of eligible diagnoses. 
• Currently experiencing symptoms related to the qualifying disorder. 
• Not clinically stabilized in ongoing treatment.
• Unlikely to survive safely in the community without supervision AND/OR need services and support to prevent relapse and deterioration. 
• A CARE Plan is the least restrictive alternative and the individual is likely to benefit from the services. 

For more information and to view a video about these eligibility criteria, please visit the court’s CARE Act webpage. 

CARE Act proceedings target severely impaired individuals living with schizophrenia spectrum or other qualifying psychotic disorder, so the eligibility criteria are narrow. However, even if your loved one is not eligible for CARE Act proceedings, you can contact Contra Costa Behavioral Health Services to discuss other options. To learn more about their services, please visit Contra Costa Behavioral Health or call their Access Line at 1-888-678-7277.

If you or your loved one is experiencing a mental health crisis, call the A3 Miles Hall Crisis Call Center at 1-844-844-5544. The A3 line is available 24/7. Or you can dial 988 or text the word ‘HOPE’ to 20121 for crisis support that is available 24/7.

There are no filing fees for a CARE Court petition.

A CARE Act petition may be filed or initiated by an adult who has a close relationship with the person whom they want to refer to CARE Court (like parents, siblings, children, or friends), by a mental health professional, by a first responder, or other qualifying community and county agencies. The person who needs help may also file a CARE Petition on their own behalf. 

For more information about who can file a petition, please see the resources on the court’s CARE Act webpage.

The petitioner is the individual who filed the petition with the court. The respondent is the individual for whom the petition was filed and for whom services are sought. The respondent is often referred to as the CARE Participant. 

The court will review the petition and supporting documents to determine if they show that the respondent meets or might meet CARE Act eligibility requirements. Then, it will do one of the following:

• Dismiss the petition. The court will do this if it finds: (1) the petition does not show that the respondent meets or may meet CARE Act eligibility requirements, or (2) the respondent is voluntarily working with Behavioral Health Services, their engagement is effective, and the respondent has enrolled or is likely to enroll in voluntary treatment through the county or another provider.
• Order a report. If the court finds the petition does show that the respondent meets or may meet criteria for the CARE Act process, the court will order Behavioral Health Services to engage with the respondent and file a written report.
• Set an initial appearance. The court will set an initial appearance if it finds that the report filed by Behavioral Health Services supports the petition’s showing that the respondent meets or may meet CARE Act eligibility requirements and the county’s engagement with the respondent was not effective. Note: The procedures are somewhat different if Behavioral Health Services is the petitioner.

Initial Hearing:

• The petitioner generally must be present at the initial hearing or the court may dismiss the petition. The petitioner and respondent will receive a notice in the mail of the date, time, and place of the hearing.
• If the individual or entity that filed the petition was not the behavioral health agency, then the behavioral health agency will step in as the petitioner at the initial hearing.
• The respondent may choose a volunteer supporter or ask that one be appointed.

Hearing on the Merits:

• The court will then set a hearing on the merits. If the respondent is present at the initial hearing, the court may decide to hold the hearing on the merits at the same time as the initial hearing.
• At this hearing, the court will determine if the respondent meets the eligibility criteria to move forward with the CARE process.
• If the respondent is determined to be eligible, a case management conference is set. Before that conference date, the respondent, their attorney, supporter, and the behavioral health agency will work together to see if they can create a voluntary CARE agreement that includes services, resources, and treatments to fit the respondent’s needs.

Case Management Conference (CMC)

• At the CMC, the judge will check to see if a CARE agreement can be reached. If an agreement is reached, the court will set review hearings every 60 days to track the respondent’s progress with their agreement.
• If it is not likely that an agreement will be reached, a clinical evaluation will be ordered and a hearing will be set for the court to review the evaluation. When the court reviews the evaluation, if the respondent continues to remain eligible for CARE court, the court will order a CARE plan.

For an overview of the CARE Act process, see the CARE Act Process Flow.

Petitioners can go to the initial hearing on the merits and make a statement, but they are not required to.  At the initial hearing the director or other representative from the county’s Behavioral Health agency will replace you as the petitioner. 

If the petitioner is someone who lives with the respondent, is a spouse, parent, sibling, child, or grandparent, or, is someone who stands in the place of a parent, the court may choose to give you ongoing rights to receive notice about hearings, but you may not be able to participate unless the respondent agrees.   

If the petition is dismissed and the respondent’s situation later changes, you may file a new petition with the court.

For more information, see the CARE-050-INFO. form

When CARE Act proceedings have started, you have the right to:

• Be informed of the proceedings and get notice of each hearing.
• Get copies of the petition that started the proceedings and of any court-ordered evaluations and reports.
• Have a free, court appointed attorney representing you.
  • Note: You can choose to hire your own attorney, but you will need to pay for that attorney on your own.
• Be present at and personally participate in each hearing.
  • This includes having the ability to present evidence, call witnesses, question any witnesses, and appeal decisions.
• Have a supporter to help you.
• Decide if the person who filed the CARE petition can participate in court hearings after the first hearing on the merits.
• Have an interpreter, if necessary.

For more information, see the California Courts Self-Help Guide. These rights are also detailed in the CARE-060-INFO form and the CARE-113 form.

Yes. There are a number of people who can petition for someone to be considered for CARE, but CARE is voluntary. If the person cannot be located or chooses not to participate, CARE cannot begin. Cases may remain open for extended time to support engagement. If engagement fails, cases are dismissed without prejudice, meaning the case can be refiled at a later time.

No. Even when medication is court‑ordered under a CARE Plan or Agreement medication cannot be forcibly administered. Also, if a participant is noncompliant with taking their prescribed medication they cannot be penalized by the CARE Court. 

Yes, the court is required to appoint an attorney for the respondent in a CARE Act proceeding, at no cost to the respondent, unless they choose to retain their own attorney. This ensures that respondents have assistance in understanding and protecting their legal rights.

The supporter is a volunteer who helps the respondent understand, consider, and communicate their decisions to ensure that the respondent can make self-directed choices to the greatest extent possible. The supporter may be a friend, family member, faith leader, mentor, person with lived experience in mental health and/or substance use disorder, or other support person chosen by the respondent. The respondent may also choose not to have a supporter.

For more information about the volunteer supporter role, please visit the CARE Act Resource Center.

Contra Costa County’s Forensic Behavioral Health Department’s clinicians, social workers, and staff with lived experience are the primary providers of support to CARE participants. They collaborate closely with the Public Defender’s CARE team and other partners such as the Regional Center, Adult Mental Health Clinics, and Enhanced Case Management. The CARE Court Judge actively engages with the CARE teams and CARE participants to oversee the services provided and one’s journey through CARE. 

No.  A conservatorship is a legal action in which a judge appoints someone to act or make decisions for another person in need of help.  CARE Court aims to prevent incarceration, hospitalization, and conservatorship, and aims to empower individuals to live independently.  CARE teams cannot initiate conservatorships. The County Public Guardian, who is not a party in CARE, may petition for conservatorship based on hospital recommendations. 

A CARE Agreement is a collaborative agreement between Behavioral Health, the participant, and their attorney. It includes connecting the participant a variety of resources and supports to help the CARE participant to achieve their identified goals for living safely and independently. An example of a term of a CARE agreement includes working with Behavioral Health on medically necessary stabilization medications, frequent interaction with a nurse practitioner, and support with prescribed medications such as a long‑acting injectables and lab appointments. 

A CARE Plan is a court-ordered plan that includes the same elements as a CARE agreement. However, it is used only when an agreement cannot be reached. Services, resources, and level of engagement by Behavioral Health under both approaches remain the same. Contra Costa County has not yet implemented a CARE Plan due to disagreement.

Under a CARE Plan, courts may authorize medically necessary stabilization medication only if the participant lacks the capacity to give informed consent. However, even when medication is court‑ordered under a CARE Plan or Agreement medication cannot be forcibly administered.

If a respondent decides to leave the CARE program or does not engage with the services offered, the proceedings may be dismissed without prejudice, meaning the case can be refiled at a later time.  There are no court-imposed penalties.  If circumstances later change, a new petition can be filed to determine eligibility for CARE services.