HomeMy WebLinkAboutcare-act-court-faq-finalFrequently Asked Questions
What Is CARE Act Court?
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 specifi c criteria in order to prevent institutionalization and ensure
appropriate care.
Does Entering CARE Act Court Create a Criminal Record for a Person?
No. CARE Act Court is a civil proceeding to help those who qualify get the services they need.
Who Can Qualify for CARE Act Court?
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.
Who Can Petition An Individual to CARE Act Court?
Family members, health care providers, county mental health workers, fi rst responders, social
services providers and others, as specifi ed 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.
What Happens After an Individual is Petitioned to CARE Act Court?
An Alameda County Superior Court Judge will review the petition that is fi led 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.
Is An Attorney Needed?
No. The Alameda County Public Defender will represent all individuals being petitioned for inclusion in
CARE Act Court. Individuals fi ling petitions do not need an attorney.
How Do I Refer Someone to CARE Act Court?
Visit alameda.courts.ca.gov/care and download a CARE-100 form. Fill out the form and submit via the
Court’s e-fi ling system, by mail or in person. You can fi nd additional information about fi lling out the form at alameda.courts.ca.gov/care or email CAREActCourt@alameda.courts.ca.gov. You can also
make an appointment with our Self-Help Center. Scan the QR code below or visit
alameda.courts.ca.gov/self-help for more information about the Self-Help Center.
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FAQs Continued
Are there any costs for fi ling my CARE Act Court petition or through the entire
process?
No. Filing a CARE Act Court petition is free. Services provided also have no cost to the participant.
Is CARE Act Court a conservatorship?
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 offi cer to develop a
CARE Act Plan to improve their long-term health, so that they can live successfully and independently.
Can individuals participating in CARE Act Court make their own decisions? 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 Department and others
to create a personalized CARE Agreement or CARE Plan that fi ts their unique needs and circumstances.
The emphasis is on supporting people in making informed decisions and building a recovery-oriented life.
Can CARE Court require a participant to take and stay on their medication?
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.
What will happen if someone isn’t successful in CARE Act Court?
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.
What if someone is not eligible for CARE Act Court?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.
Where Does Care Act Court Take Place?
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.
How can I get more information on CARE Court?
For more information on CARE Act Court, visit www.alameda.courts.ca.gov/CARE. Petitioners without
an attorney who need additional information or assistance with fi ling a petition may contact the Court’s Self-Help Center. (See Reverse).