What Is the CARE Act? Eligibility, Petition, and CARE Plans

The California CARE Act is a civil court process that lets certain people petition a Superior Court to connect an adult living with an untreated severe psychotic disorder to mental health treatment, stabilization services, and housing. Established by Senate Bill 1338 in 2022 and expanded by Senate Bill 27 effective January 1, 2026, the law covers schizophrenia spectrum disorders, other psychotic disorders, and bipolar I disorder with psychotic features.¹ CARE Court is now available in all 58 counties.² The process is voluntary first, court-ordered second, and only turns toward conservatorship if everything else fails.

Who Qualifies

Under Welfare and Institutions Code Section 5972, a respondent must meet every one of these criteria:³

At least 18 years old.
A current diagnosis of a schizophrenia spectrum disorder, another psychotic disorder, or (as of 2026) bipolar I disorder with psychotic features, based on the most current DSM.
Not already clinically stabilized through voluntary treatment.
Unlikely to survive safely in the community without supervision with a condition that is substantially deteriorating, or in need of services to prevent a relapse likely to cause grave disability or serious harm.
CARE participation is the least restrictive option to support recovery and stability.

The law does not reach everyone with a mental health crisis. It excludes psychosis caused by substance intoxication alone, and it excludes psychotic symptoms that stem from physical conditions rather than a primary psychiatric disorder, including traumatic brain injury, autism, dementia, and other neurologic conditions.³ A person with a substance use disorder who does not also meet the diagnostic criteria above is not eligible.

Who Can Petition

Only people with a defined connection to the respondent have standing. The petition form (CARE-100) lists each qualifying category:⁴

A spouse, registered domestic partner, parent, sibling, adult child, grandparent, or anyone who stands in the place of a parent.
Someone who lives with the respondent or has an ongoing personal relationship.
Peace officers, firefighters, paramedics, EMTs, mobile crisis workers, and homeless outreach workers who have had repeated contact with the person.
Behavioral health professionals currently treating the respondent or who treated them within the past 30 days.
The director of a hospital where the person is receiving care, or the director of a public or charitable behavioral health organization.
The county behavioral health director, the director of adult protective services, or the county’s public guardian or conservator.
The director of a California Indian health services program, a tribal behavioral health department, or a California tribal court judge.
The respondent themselves.

Directors and certain officials can designate someone else to file for them.

What You File

The core document is Form CARE-100, the formal petition. It requires the respondent’s identifying information, your relationship to them, and the factual basis for believing they meet the eligibility criteria.⁴

You also need proof that the respondent likely qualifies, in one of two forms:⁵

A Mental Health Declaration (Form CARE-101) signed by a licensed behavioral health professional who examined the respondent, or made multiple attempts to examine them, within 60 days of filing. As of 2026, nurse practitioners and physician assistants can sign this declaration in addition to physicians, psychologists, and licensed therapists.⁶¹
Documentation of at least two involuntary treatment hospitalizations, with the most recent one ending no more than 60 days before filing.

One point trips up many families. Two 72-hour psychiatric holds (often called 5150 holds) do not meet the involuntary-hospitalization requirement. For CARE Act purposes, “involuntary treatment” means 14-day holds for intensive treatment under Welfare and Institutions Code Section 5250. A 72-hour Section 5150 hold does not count.⁷

There is no filing fee for CARE Act petitions, and most courts and e-filing vendors waive associated costs.

How the Court Process Moves

You file in the Superior Court of the county where the respondent lives. A judge reviews the paperwork and, if it establishes a sufficient basis to proceed, sets an initial hearing and appoints an attorney (typically a public defender) to represent the respondent at no cost. The respondent can also choose a supporter: a trusted person who helps them understand the proceedings and participate in decisions at hearings and meetings.⁸

The court then orders a clinical evaluation by the county behavioral health agency to verify the diagnosis, assess eligibility, and assess the respondent’s capacity to make informed decisions about psychiatric medication.

From there, the first goal is a voluntary CARE agreement between the respondent and the county. If the respondent accepts services voluntarily, the court approves the agreement and monitors compliance through periodic check-ins. If no agreement is reached and the evaluation confirms the respondent meets criteria, the court moves to a court-ordered CARE plan, which contains the same types of services but carries the weight of a judicial order and closer court oversight.⁹ If the respondent refuses to participate in either, the judge may dismiss the case and refer the individual for a conservatorship evaluation.

What a CARE Plan Covers

A CARE plan is an individualized package of community-based services. It includes clinically prescribed psychiatric treatment, stabilization services, and coordination with social service agencies on daily needs like food and benefits enrollment. Every plan must address housing. Options include bridge housing, licensed adult and senior care facilities, supportive housing, or placement with family or friends, and the court can order priority access to these services.¹⁰

One thing a CARE plan cannot do: force medication. Stabilization medications may be listed in a court-ordered plan only if the court finds the respondent lacks capacity to make informed treatment decisions, and even then the plan cannot compel the respondent to actually take them.⁹ That is one of the clearest lines separating the CARE Act from a conservatorship.

Rights of the Respondent

CARE is a civil proceeding, and respondents keep significant protections throughout:⁸

Court-appointed legal counsel at no cost.
A chosen supporter present at hearings and meetings.
The right to attend and speak at every hearing.
The right to refuse medication, even under a court-ordered plan.

How Long It Lasts

A CARE agreement or plan runs for up to one year. In the eleventh month, the court holds a status hearing where the county behavioral health agency files a progress report. If the respondent has done well and wants to graduate, the county and the respondent work together on a voluntary graduation plan, approved at a hearing in the twelfth month.¹¹

Graduation does not end services. A person who completes the program can keep receiving treatment, housing support, and other services voluntarily. They can also create a Psychiatric Advance Directive to record their wishes for future mental health care.¹²

If the respondent has not stabilized after one year, the court can reappoint them for one additional year, but only once. After that second year, no further extensions are available, and the remaining path is a referral for conservatorship evaluation.¹¹

County Accountability

The law puts teeth behind its mandates. If a county behavioral health agency or other local agency fails to comply with court orders, the court can fine it up to $1,000 per day, with a maximum penalty of $25,000 per individual violation. For agencies that persistently ignore court orders, the court can appoint a special master to step in and secure the services the respondent was promised.¹⁰

1
California Courts Newsroom. California Expands Care Court Under Senate Bill 27
2
Office of the Governor. Governor Newsom Announces New CARE Court Accountability Measures
3
California Legislative Information. California Welfare and Institutions Code WIC 5972
4
California Courts. Petition to Begin CARE Act Proceedings (CARE-100)
5
California Health and Human Services. CARE Act Petitions
6
California Courts. Mental Health Declaration – CARE Act Proceedings (CARE-101)
7
California Courts. Information for Petitioners – About the CARE Act
8
California Courts. CARE Act Respondent Rights
9
California Courts. About the CARE Act
10
California Courts. 10 Things to Know About the CARE Act
11
California Legislative Information. California Welfare and Institutions Code 5977.3
12
California Health and Human Services. CARE Act