Quick Answer: CARE Court in California allows certain family members and other authorized adults to ask a civil court to connect an eligible person with severe mental illness to treatment, services, and support. A CARE Court petition begins a review process, and the court must determine that the person meets specific eligibility requirements before the case can move forward.
When a loved one is experiencing severe mental illness and isn’t engaging in treatment, families may be unsure what options are available. CARE Court provides a legal pathway for connecting certain eligible adults with behavioral health treatment and support, but the process involves specific eligibility requirements and takes time to move forward.
This article explains:
- Who may qualify for CARE Court and who can file a petition
- What documentation and steps are required to begin the process
- What happens after a petition is filed
- What CARE Court can and cannot require
- Where families can turn for mental health care if their loved one needs help before the court process is resolved
Understanding both the legal process and available treatment options can help families make informed decisions during a difficult period.
What Is CARE Court in California?
The Community Assistance, Recovery, and Empowerment (CARE) Act created a civil court process for adults with certain severe mental illnesses who aren’t clinically stabilized through ongoing voluntary treatment. If the person qualifies, that process becomes a way to connect them with behavioral health treatment, services, and other supports.
CARE Court is a civil process for connecting eligible adults with treatment and support, while emergency holds such as a 5150 follow a separate legal process.
Who Qualifies for CARE Court in California?
CARE Court eligibility is narrower than having a serious mental health diagnosis alone. The court looks at the diagnosis, severity of the illness, current treatment situation, level of deterioration, and whether CARE is an appropriate and sufficiently limited intervention.
The person generally must:
- Be 18 years or older
- Have a qualifying schizophrenia spectrum or other psychotic disorder, or bipolar I disorder with psychotic features
- Have severe and persistent symptoms that substantially interfere with daily functioning
- Not be clinically stabilized through ongoing voluntary treatment
- Be substantially deteriorating and unable to remain safely in the community without supervision, or need services to prevent deterioration that could lead to grave disability or serious harm
- Have CARE be the least restrictive appropriate alternative
- Be likely to benefit from a CARE agreement or plan
As of January 1, 2026, California expanded eligibility to include bipolar I disorder with psychotic features, except when the psychosis is related to current intoxication. A schizophrenia diagnosis can satisfy the diagnostic part of CARE Court eligibility, but it doesn’t qualify someone automatically. The person still has to meet the other legal requirements before the court can proceed.
Can a Family Member File a CARE Court Petition?
Certain family and household members can start a CARE Court petition for an adult they believe may qualify.
That can include a spouse or registered domestic partner, parent, sibling, child, grandparent, someone who lives with the respondent, or someone who acts in place of a parent. Other authorized petitioners can include certain behavioral health professionals, hospital or agency representatives, county officials, public guardians, first responders, and the respondent themselves.
Families often reach this point after months or years of trying to encourage treatment. A person experiencing psychosis may genuinely have difficulty recognizing that anything is wrong. This lack of insight is known as anosognosia.
What Do You Need Before Filing a CARE Court Petition?
For most family petitioners, California currently requires Form CARE-100, the Petition to Begin CARE Act Proceedings, along with one of two forms of supporting documentation, including:
- A CARE-101 mental health declaration. This portion must be completed by a licensed behavioral health professional and submitted with the petition.
- Evidence of qualifying intensive treatment. The petitioner can instead provide evidence that the respondent was detained for at least two periods of intensive treatment, with the most recent occurring within the previous 60 days.
Families who are unsure which documentation applies can use the California Courts CARE Act Self-Help Guide or contact their local court self-help center.
How Do You File a CARE Court Petition?
California courts statewide now accept CARE petitions, but filing procedures and local requirements can vary by county.
1. Confirm That You Can Petition
Make sure you fall within one of the authorized petitioner categories before preparing the forms.
2. Complete CARE-100
CARE-100 is the petition used to ask the court to begin CARE Act proceedings.
3. Include the Required Supporting Documentation
Attach CARE-101 or qualifying evidence of the respondent’s prior intensive treatment.
4. File With the Appropriate Court
Petitions are generally filed in the county connected to the respondent. Check that court’s instructions for filing in person, by mail, or electronically.
5. Watch for Notices From the Court
Filing starts the review process. It doesn’t mean the respondent has already been found eligible.
For Orange County families, the Orange County Superior Court CARE Act page provides current local filing information and access to self-help services.
What Happens After You File the Petition?
The judge first reviews the CARE Court petition and supporting documents. If they don’t show that the respondent meets or may meet the eligibility requirements, the case can be dismissed.
If the initial showing is sufficient, the court can order the county behavioral health agency to contact the respondent and submit a written report within 14 business days. The report helps the court determine whether the person appears to meet CARE requirements and whether voluntary engagement has been successful.
A case may end at this stage if the person begins effective voluntary treatment. If outreach is unsuccessful and the information continues to support eligibility, the court can schedule an initial appearance and later determine whether the CARE criteria are met.
At the initial appearance, the county behavioral health agency director or designee replaces the original petitioner. A family member who started the case therefore doesn’t control the rest of the proceedings, although certain family petitioners retain rights to attend and make statements at specified hearings.
What Can CARE Court Require, and What Can It Not Do?
CARE can create a structured pathway to behavioral health treatment, services, housing resources, and other forms of support. Depending on the case, the process may result in a voluntary CARE agreement or a court-ordered CARE plan.
There are also important limits. A CARE plan doesn’t give the court unlimited authority over the person’s medical care. Stabilization medication can be included under specific legal circumstances, but the CARE plan can’t force the respondent to take that medication. The respondent also has legal rights throughout the process, including appointed counsel and participation in the proceedings.
What If Your Loved One Needs Help Before CARE Court Moves Forward?
CARE Court can take time to move forward. If your loved one is experiencing severe psychosis, suicidal thoughts, intense paranoia, or disorganized behavior, they may need psychiatric care before the court process is resolved.
At Neurish Wellness, we provide several levels of mental health care based on the person’s current needs:
- Crisis stabilization: For adults experiencing an acute mental health crisis, our private residential setting provides 24-hour psychiatric nursing, clinical supervision, and support while the person becomes more stable.
- Residential inpatient mental health treatment: When the immediate crisis has passed but someone still needs more structure than outpatient care can provide, residential treatment offers ongoing psychiatric care, medication management, therapy, and 24-hour support.
- Outpatient care: For people who are stable enough to remain in the community, outpatient treatment can provide ongoing psychiatric care and therapy without an overnight stay.
CARE Court may provide a longer-term legal pathway to treatment and services, while our role is to provide clinical mental health care based on what the person needs now. We don’t operate CARE Court or provide legal services, but our admissions team can help families understand whether one of our levels of care may be appropriate.
Contact Neurish Wellness to discuss your loved one’s needs and find the level of mental health care that fits their circumstances.
FAQs About CARE Court In California
Do you need a lawyer to file a CARE Court petition?
No. Eligible petitioners can file without hiring a lawyer, and California court self-help centers offer free assistance with CARE forms. The respondent has separate rights to legal representation during the proceedings.
Does someone have to be homeless to qualify for CARE Court?
No. Homelessness isn’t required for CARE Court eligibility. The court looks at the person’s diagnosis, symptoms, functioning, treatment status, deterioration, and the other eligibility criteria.
What happens if your loved one refuses to participate in CARE Court?
Refusing to participate doesn’t automatically end the process. The court and county may continue evaluating whether the person meets CARE criteria, although the respondent retains legal rights throughout the proceedings.
What happens if a Care Court petition is denied?
A dismissal doesn’t necessarily prevent a later petition. A new petition may be filed if the person’s circumstances change and there is new information supporting eligibility.
Is CARE Court the same as a 5150 hold?
No. CARE Court is a civil process designed to connect an eligible person with longer-term treatment and services, while a 5150 allows authorized professionals to initiate a short-term psychiatric detention when specific emergency criteria are met. Learn more about psychiatric emergencies and 5150 holds in California on our blog.
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Cole Dyar is the Executive Director & co-founder of Neurish Wellness. He has been working in the behavioral health field in operational, clinical, organizational, and managerial capacities for thirteen years. He holds a degree from the University of California, Santa Cruz in sociology and is a Licensed Advanced Alcohol and Drug Counselor (LAADC) as recognized by CCAPP. Cole holds a Master of Science in Industrial/Organizational Psychology including: Organizational Leadership and Design, a Post-Masters in General Marriage and Family Therapy, and is currently a doctoral candidate in MFT with an emphasis in Systemic Administration & Entrepreneurship.