CARE Act FAQ's
Find answers to frequently asked questions below.
The Court will not be accepting CARE Act Court petitions until Thursday, November 28, 2024.
The Community Assistance Recovery and Empowerment Act (CARE) Court is a new civil court process that provides support services to people with certain untreated schizophrenia spectrum or other psychotic disorders who meet specific criteria in order to prevent institutionalization and ensure appropriate care.
No. CARE Act Court is a civil proceeding to help those who qualify to get the services they need.
An individual at least 18 years old who is diagnosed with certain schizophrenia spectrum or other psychotic disorders who is also currently experiencing severe mental illness that interferes with their ability to participate safely in daily life. The participant cannot be currently stabilized in an on-going voluntary treatment program.
Family members, health care providers, county mental health workers, first responders, social services providers and others, as specified in the CARE Act, may petition for a person to be considered for the CARE Act Court. A person may also petition themselves for CARE Act Court.
An Alameda County Superior Court Judge will review the petition that is filed for the individual to determine if they meet the criteria for CARE. The judge will then either dismiss the petition, order a report from a county behavioral health agency, or set an initial court appearance. If the individual is found to be eligible, the court will work with the county behavioral health agency, the individual, the individual’s attorney, and a volunteer supporter (if applicable) to connect the individual with services. This connection will happen either through voluntary engagement, a CARE agreement, or a CARE plan.
No. The Alameda County Public Defender will represent all individuals being petitioned for inclusion in CARE Act Court. Individuals filing petitions do not need an attorney.
No. Filing a CARE Act Court petition is free. Services provided also have no cost to participant.
No, CARE Act Court is not a conservatorship. CARE Act Court’s goal is for every participating person to graduate and live a full and autonomous life. CARE Act Court enables the participant to work with mental health specialists, housing specialists, their petitioners, and the judicial officer to develop a CARE Act Plan to improve their long-term health, so that they can live successfully and independently.
Yes. CARE Act Court empowers individuals to make self-directed decisions about their own treatment and recovery. Participants work collaboratively with Alameda County Behavioral Health and others to create a personalized CARE Agreement or CARE Plan that fits their unique needs and circumstances. The emphasis is on supporting people in making informed decisions and building a recovery-oriented life
No. The Court may order stabilizing medication for acute conditions in the CARE Plan, however, they cannot order the participant/respondent to take that medication against their will.
If someone does not complete their CARE Agreement or Plan, they may lose access to the specialized support and prioritization CARE Act Court offers. Each situation is unique, and the exact implications vary based on the participant’s circumstances and the reasons for discontinuation. The Court will encourage the participant to continue engaging with available mental health resources and consider discussing the best alternative care options with a mental health professional.
It is important for someone to get help if they need it. Alameda County Behavioral Health Department offers a wide range of services and support to individuals of all ages with mental health and substance use challenges. If an individual is not eligible for CARE Act Court, they may be referred to the County’s ACCESS line at 1-800-491-9099. This is the system-wide point of contact for information, screening and referrals for mental health and substance use services and treatment for Alameda County residents.
Care Act Court hearings will be held in Dept. 103 at the Wiley W. Manuel Courthouse in Oakland. The Courthouse is located at 661 Washington Street, Oakland CA.
Visit the Alameda County Superior Court CARE Act File a Petition page for filing information.
Visit the Alameda CARE Act Court Resources page for a listing of additional resources.
