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CARE-050-INFO - Information for Petitioners—About the CARE Act
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Information for Petitioners—About the CARE Act
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Form ID: CARE-050-INFO Title: Information for Petitioners—About the CARE Act Effective Date: 2025-07-01 Mandatory Form: no Languages: 汉语, فارسی, 한국어, español, Tiếng Việt Info Page: https://selfhelp.courts.ca.gov/jcc-form/CARE-050-INFO Primary Download URL: https://www.courts.ca.gov/documents/care050info.pdf Alternate Download URLs: https://www.courts.ca.gov/documents/care050infoc.pdf, https://www.courts.ca.gov/documents/care050infof.pdf, https://www.courts.ca.gov/documents/care050infok.pdf, https://www.courts.ca.gov/documents/care050infos.pdf, https://www.courts.ca.gov/documents/care050infov.pdf Form Detail Page: Information for Petitioners—About the CARE Act (CARE-050-INFO) Explains the CARE Act process, provides information about petitioner and respondent eligibility, notes required documentation and gives instruction on how to properly fill out the petition, form CARE-100. Get form CARE-050-INFO 汉语 Get form CARE-050-INFO in Chinese Simplified (Chinese Simplified) فارسی Get form CARE-050-INFO in Farsi (Farsi) 한국어 Get form CARE-050-INFO in Korean (Korean) español Get form CARE-050-INFO in Spanish (Spanish) Tiếng Việt Get form CARE-050-INFO in Vietnamese (Vietnamese) Effective: July 1, 2025 PDF Text: Judicial Council of California, Rev. July 1, 2025, Optional Form Welfare and Institutions Code, §§ 5971–5975.1, 5975.3, 5977, 5978 Information for Petitioners—About the CARE Act CARE-050-INFO, Page 1 of 7 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 A court self-help center may also be able to help you. Go to 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 CARE, 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 contact your local behavioral health agency to refer someone to CARE Act proceedings without filing a petition. 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. Rev. July 1, 2025 CARE-050-INFO, Page 2 of 7 Information for Petitioners—About the 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: l A person who lives with the respondent. l The respondent’s spouse or registered domestic partner, parent, sibling, child, or grandparent. l A person who has authority to act as the respondent’s parent. l The director of a county behavioral health agency of the county where the respondent lives or is present, or the director’s designee. l A licensed behavioral health professional who is or has been supervising the treatment of or treating the respondent for a mental disorder within the last 30 days, or the professional’s designee. l The director of a public or charitable agency who is or has, within the last 30 days, been providing behavioral health services to the respondent or in whose institution the respondent resides, or the director’s designee. l The director of a hospital in which the respondent is or was recently hospitalized, or the director’s designee. l A California tribal court judge in whose court the respondent has appeared within the previous 30 days, or the judge’s designee. l The director of adult protective services of the county where the respondent lives or is present, or the director’s designee. l The director of a California Indian health services program or tribal behavioral health department that is or has, within the previous 30 days, been providing behavioral health services to the respondent, or the director’s designee. l A first responder who has encountered the respondent multiple times to arrest or involuntarily detain the respondent, engage the respondent in voluntary treatment, or make other efforts to get the respondent professional help. l The public guardian or public conservator of the county where the respondent lives or is present, or the public officer’s designee. l A conservator or proposed conservator referred from a proceeding under the Lanterman-Petris-Short (LPS) Act. l The respondent. 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. Rev. July 1, 2025 Information for Petitioners—About the CARE Act CARE-050-INFO, 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 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 that information, 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 each respondent is eligible based on facts about that respondent. Requirements Explanations Examples The respondent must be 18 years old or older and must: Have a diagnosis of a schizophrenia spectrum disorder or another psychotic disorder in the same class, as defined in the current Diagnostic and Statistical Manual of Mental Disorders (item 7a). Only a person with a schizophrenia spectrum or other psychotic disorder is eligible for the CARE Act process. A person who does not have that diagnosis is not eligible even if they have a different serious mental disorder, such as bipolar disorder or major depression. Note: The psychotic disorder 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. Schizophrenia, schizophreniform disorder, schizoaffective disorder, delusional disorder, schizotypal personality disorder, and other psychotic disorders. Page 3 of 7 Rev. July 1, 2025 Information for Petitioners—About the CARE Act CARE-050-INFO, CARE-050-INFO Information for Petitioners—About the CARE Act Requirements Explanations Examples Be currently experiencing a serious mental disorder that (item 7b): l Is severe in degree and persistent in duration l May cause behavior that interferes substantially with the person’s activities of daily living, and l May lead to an inability to maintain stable adjustment and independent functioning without treatment, support, and rehabilitation for a long or indefinite period. Indicate any behaviors, such as delusions, hallucinations, or unusual and ongoing mood changes, that substantially interfere with the respondent’s ability to perform essential and routine tasks needed for work or self-care. Describe why you believe the respondent is unable to live independently, function in the community, and take care of their condition and social relationships without additional help. If caused by a chronic, prolonged, or recurrent mental disorder: l Difficulty with self-care (e.g., bathing, grooming, obtaining and eating food, dressing appropriately for the weather, securing health care, or following medical advice). l Difficulty maintaining a residence, using transportation, or managing money day to day. l Difficulty concentrating or completing tasks as scheduled. l Difficulty functioning socially, creating and maintaining relationships. l Recent history of inability to care for themselves (bathe, groom, get food and eat, use the restroom) daily without additional help. Not be clinically stabilized in ongoing voluntary treatment (item 7c). Describe why you believe the respondent is not being adequately supported in a voluntary treatment program such that their condition and symptoms are stable. l Repeated and ongoing refusal to accept voluntary treatment without reason. l Temporary acceptance of voluntary treatment that is interrupted by failure or refusal to continue the treatment without reason. l Voluntary treatment is accepted, 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 safely in the community without supervision and the respondent’s condition is substantially deteriorating (item 7d(1)). OR (see next page) Indicate recent instances where the respondent has needed supervision to survive in the community due to lack of reality orientation, confusion, or impaired insight. Describe how the respondent’s ability to think clearly, communicate, or participate in regular activities has been getting worse recently. l Recent or frequent hospitalizations due to symptoms such as delusions, hallucinations, disorganization, impaired insight, impaired judgment. l Recent or frequent arrests due to a mental disorder. Page 4 of 7 Rev. July 1, 2025 Information for Petitioners—About the CARE Act CARE-050-INFO, CARE-050-INFO Information for Petitioners—About the CARE Act Requirements Explanations Examples 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 (item 7d(2)). Describe how the respondent would become gravely disabled or likely to cause serious harm to themselves or others without services and supports. l Grave disability includes a person’s inability, due to a mental disorder, to provide for their basic personal needs for food, clothing, shelter, safety, or medical care. l Serious harm includes injury causing extreme pain, high risk of death, or loss of physical or mental functions. l A person who has immediate access to safe housing but chooses, because of a mental disorder, to live in conditions that could lead to a danger to their health. l A person who recently attempted suicide because of their mental disorder and continues to express a desire to harm themselves. l Self-injuring behavior, such as walking into traffic or harming oneself unknowingly through 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 necessary to ensure the respondent’s recovery and stability (item 7e), and Explain how participation in a CARE plan or CARE agreement: l Is necessary because other less restrictive alternatives would not ensure the respondent’s recovery and stability; for example, because other less restrictive alternatives have not been successful. l Would effectively meet the respondent’s treatment needs while placing as few limits as possible on the respondent’s rights and personal freedoms. Less restrictive alternatives might include: l Voluntary full-service partnerships, which are collaborative relationships between the county and the individual, and when appropriate the individual’s family, through which the county plans for and provides the full spectrum of community services. l Supported decisionmaking, which is an individualized process of supporting and accommodating an adult with a disability to enable them to make life decisions without impeding their self- determination. l 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 (item 7f). Explain how participating in a CARE plan could help the respondent stabilize and improve their current state and situation. l The respondent’s prior improvement when participating in similar treatment programs. l 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. Page 5 of 7 Rev. July 1, 2025 Information for Petitioners—About the CARE Act CARE-050-INFO, 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. l 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 . l 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. l 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. l 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. Page 6 of 7 Rev. July 1, 2025 Information for Petitioners—About the CARE Act CARE-050-INFO, Page 7 of 7 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 or a local court form or website to request an interpreter. For more information about court interpreters, go to 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 to make your request. You can also ask the ADA Coordinator in your court for help. For more For more information, see How to Request a Disability Accommodation for Court (form or go to
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Form ID: CARE-050-INFO Title: Information for Petitioners—About the CARE Act Effective Date: 2025-07-01 Mandatory Form: no Languages: 汉语, فارسی, 한국어, español, Tiếng Việt Info Page: https://selfhelp.courts.ca.gov/jcc-form/CARE-050-INFO Primary Download URL: https://www.courts.ca.gov/documents/care050info.pdf Alt…
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If the court decides that the respondent is eligible for CARE, 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 recov…
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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 contact your local behavioral health agency to refer som…
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l The director of a hospital in which the respondent is or was recently hospitalized, or the director’s designee. l A California tribal court judge in whose court the respondent has appeared within the previous 30 days, or the judge’s designee. l The director of adult protective services of the county where the …
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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…
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of that item. Please note that the situations discussed below are only examples of circumstances that may qualify. The court decides whether each respondent is eligible based on facts about that respondent. Requirements Explanations Examples The respondent must be 18 years old or older and must: Have a diagnosis o…
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for the weather, securing health care, or following medical advice). l Difficulty maintaining a residence, using transportation, or managing money day to day. l Difficulty concentrating or completing tasks as scheduled. l Difficulty functioning socially, creating and maintaining relationships. l Recent histo…
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causing extreme pain, high risk of death, or loss of physical or mental functions. l A person who has immediate access to safe housing but chooses, because of a mental disorder, to live in conditions that could lead to a danger to their health. l A person who recently attempted suicide because of their mental…
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Information for Petitioners—About the CARE Act CARE-050-INFO, 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 …
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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…
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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 …