Skip to main content.

CARE Court

CARE stands for Community Assistance, Recovery, and Empowerment. The CARE Act is a way to allow specific people, called “petitioners,” to request voluntary treatment, services, support, and a housing plan for people, called “respondents,” who have certain untreated severe mental illnesses, specifically schizophrenia or another psychotic disorder. A respondent must be 18 years of age or older.

What is the CARE Act

Under the Community Assistance, Recovery, and Empowerment (CARE) Act, qualifying individuals or entities can petition the Superior Court of Yolo County to help connect eligible individuals to a broad array of services, which may include mental health and housing services, through Yolo County Health and Human Services Administration (HHSA) via a voluntary CARE Agreement or CARE Plan adopted and overseen by a judicial officer. 

Who is eligible to participate

Individuals must meet all the following criteria to be eligible for CARE Court:

  • 18 years of age or older.
  • Diagnosed with a disorder within the "schizophrenia and other psychotic disorders" class of disorders and currently experiencing symptoms. 
  • Not clinically stabilized in ongoing treatment.
  • The individual's mental health is substantially deteriorating, and they are unlikely to survive safely in the community without supervision AND/OR need services and support to prevent relapse and deterioration.
  • Participation in a CARE Plan is the least restrictive alternative and the individual is likely to benefit from participation in a CARE Plan.

Who is eligible to petition?

To file a CARE Act petition, a petitioner must be an adult person who falls into at least one of the following categories: 

  • FAMILY/HOME
    • Lives with the respondent.
    • Spouse, domestic partner, parent, sibling, child, grandparent, individual in place of a parent, or the respondent themselves. 
    • Respondent (i.e., self-petition)
  • COMMUNITY
    • First responder (e.g., peace officer, firefighter, paramedic, mobile crisis response, homeless outreach worker)
    • Director of a hospital, or designee, in which respondent is hospitalized
    • Licensed behavioral health professional, or designee treating respondent for mental illness
    • Director of a public/charitable organization providing behavioral health services to the respondent in whose institution the respondent resides
  • COUNTY
    • County behavioral health director, or designee
    • Public Guardian, or designee
    • Director of Adult Protective Services, or designee
  • TRIBAL JURISDICTION
    • Director of a CA Indian health services program, CA tribal behavioral health department, or designee
    • Judge of a tribal court located in CA, or designee

FAQs

  • The Court will assess and evaluate the petition to determine if there is sufficient information to schedule an initial hearing for the individual or if more information is needed.

  • Usually, after the parties have begun exchanging information, the Court will hold closed hearings to determine whether the individual can participate in CARE Court. At the initial hearing, the Yolo County Health and Human Services Agency will become the petitioner in the CARE Court case and will remain the petitioner for the duration of the case.

  • The Court will schedule hearings, to occur every 60 days at a minimum, to learn about the individual's progress. Progress reports can be scheduled for up to a year if needed and extended for an additional year under certain circumstances.

  • Throughout the duration of the CARE Court process, specialists monitor the individual's progress and adjustments are made as needed, whether there is a mutually entered into CARE Agreement or CARE Plan order requested by a judicial officer.

  • Once the CARE Act proceedings have started, the respondent has the right to be informed of the proceedings, the right to take part in the proceedings, and the right to be represented in all stages of the process.
  • The court will appoint an attorney for respondent who will contact the respondent at the beginning of the CARE Act proceedings.
  • The respondent has the right to replace their court-appointed attorney with an attorney that they choose. Note: If they choose their own attorney, the respondent is responsible for paying their fees, if any.
  • The respondent has the right to request the presence of any family member or friend.
  • The respondent has the right to choose a person to support them through the CARE Act process. The CARE Act calls that person "supporter." The court may appoint the person the respondent has chosen as their supporter. The supporter’s role is to assist the respondent with understanding, communicating, making decisions, and expressing preferences throughout the CARE Act process

  • If the petitioner lives with the respondent; is their spouse, parent, sibling, child, or grandparent; or is someone who stands in the place of a parent, that person has the right to participate during the hearing to determine the merits of the petition. The court may assign these petitioners ongoing rights of notice. If the respondent agrees, the court may allow the petitioner to participate in the respondent’s CARE Act proceedings.
  • If the petitioner is not on the list above, they have the right to make a statement at the hearing on the merits of the petition but will not be assigned ongoing rights.

Stabilization medications may be offered and recommended to manage symptoms and promote recovery as part of the CARE Plan. In certain circumstances, stabilization medication may be recommended but involuntary administration will NOT be ordered.

Only a person with a schizophrenia spectrum or other psychotic disorder is eligible for the CARE Act process.

  • A person only with another serious mental illness, such as bipolar disorder or major depression, is not eligible.
  • 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 to be eligible.

Because CARE targets severely impaired individuals who are living with schizophrenia spectrum or a qualifying psychotic disorder, only 7,000 to 12,000 individuals statewide are estimated to meet the criteria for CARE proceedings. If the process doesn’t make sense for your loved one, you can contact HHSA to discuss additional options. These may include voluntary services such as full-service partnerships, assertive community treatment, or supportive housing