Community Assistance, Recovery and Empowerment Act (CARE)
The CARE Act went live in Monterey County on December 1, 2024
The Community Assistance, Recovery and Empowerment (CARE) Act provides community-based behavioral health services and supports to individuals living with untreated schizophrenia spectrum or other psychotic disorders through a new civil court process.
The new civil court creates a pathway for eligible adults to achieve long-term stability and independence and to prevent more restrictive alternatives, such as conservatorships, incarceration, and hospitalizations. The CARE Act authorizes specified adult persons to petition a civil court to create a voluntary CARE agreement or a court ordered CARE plan that may include treatment, housing resources, and other services for up to 12 months, with the possibility to extend for an additional 12 months. There are no costs to individuals to file a CARE Act petition.
Beginning January 1, 2026, changes made by Senate Bill 27 will go into effect, including:
- Addition of bipolar I with psychotic features, except psychosis related to intoxication, as an eligible diagnosis.
- Definition of clinically stabilized in ongoing voluntary treatment.
- A process for certain court referrals to serve as a CARE petition.
- Ability of criminal courts to consider CARE referrals earlier for individuals found incompetent to stand trial in misdemeanor cases.
- Authority for nurse practitioners and physician assistants to complete affidavits in support of petitions.
- Other technical amendments to streamline the CARE process.
Find more information about these changes in the Senate Bill 27 Amendments here.
Who is Eligible for CARE Act?
Eligibility is determined by a judge on a case-by-case basis. To be eligible, the individual, also referred to as the respondent, must meet all the following criteria:
- 18 years or older with a diagnosis of schizophrenia spectrum or other psychotic disorders or bipolar I disorder with psychotic features*.
- Mental illness must be severe, persistent, and significantly interfering with daily living activities.
- Either the person is unlikely to survive safely/independently in the community and the condition is deteriorating OR services and support are needed to prevent relapse or deterioration.
- Not clinically stabilized in ongoing voluntary treatment.
- CARE must be the lease restrictive alternative AND the person will likely benefit from participating in a CARE plan or CARE Agreement.
*New diagnostic criteria for CARE Eligibility effective January 1, 2026 pursuant to SB 27.
Who Can File a Petition?
Petitioners must be 18 years of age or older and fit one of the following categories:
- Family
- Legally Appointed guardian
- Health Care Provider
- County Behavioral Health
- First Responders
- Social Services Providers
- Respondent
- A person who lives with the respondent
- California tribal court judge
After the initial appearance, the original petitioner will be replaced by the director of the county behavioral health agency, or a designee.
Care Act Process
Filing a Petition
The CARE process begins with filing a petition with the Superior Court using form CARE-100. Petitions must be filed in the county in which the respondent resides, is found or is facing criminal or civil proceedings.
Assessment
A court review will determine eligibility. If eligible, the court will order County Behavioral Health to investigate and to submit a report to determine whether the respondent meets or is likely to meet the eligibility criteria. During this time, the county behavioral health agency will attempt to engage the respondent in voluntary services and report to the court on the outcome of those efforts.
Treatment Determination
If efforts to engage respondent in services was not effective, the case will proceed with Behavioral Health recommending a CARE Agreement recommending treatment and services. If all parties agree, the CARE agreement is then approved by the court. If the parties were not able to reach an agreement, the court will order a CARE Plan with elements from the CARE agreement.
Oversight and Treatment
Progress will be assessed at status review hearings, at intervals set by the court. At month 11, the court will determine if respondent is either ready to graduate or the respondent may be reappointed to the program and continue to receive services under CARE for up to one additional year.
CARE Act Assistance
The Superior Court of California County of Monterey CARE Court website can be found here. Additional guidance and assistance with filing a petition can be found online and at the locations below.
Self-Help Locations
Monterey Self-Help Center
Location:
Monterey Court (First Floor)
1200 Aguajito Rd.
Monterey, CA 93940
Phone: (831) 647-5800 ext. 3005
Salinas Self-Help Center
Location:
118 West Gabilan Street
Salinas, CA 93901
Phone: (831) 647-5800 ext. 3005
King City Self-Help Center
Location:
250 Franciscan Way
King City, CA 93930
Phone: (831) 647-5800 ext. 3005
Service providers may submit a referral directly to Monterey County Behavioral Health for investigation of eligibility for CARE Court using the link below.
Have questions?
Contact someone from our team. Please submit a request through the Contact Us link below and indicate CARE Court in the subject line.
Additional Resources
Not everyone will meet criteria for the CARE Act program. If eligibility criteria is not met or you are interested in alternatives to CARE proceedings please refer to our Behavioral Health resource page.