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Home My WebLink Aboutcare-act-court-community-sessions-powerpointCommunity Assistance,Recovery and Empowerment: The CARE Act Community CARE Court Education Session 2 What is CARE Act Court? •The Community Assistance,Recovery and Empowerment Act (CARE Act) is a legislation that authorizes CARE Court, a new civil court process to ensure that individuals most impacted by mental health challenges receive the services that they need. •The purpose of CARE Court is to engage individuals most impacted by mental health challenges in community-based treatment to avoid unnecessary crisis, hospitalization, homelessness, and incarceration. •The CARE Act Court civil court process allows Judges to order eligible individuals to participate in a CARE agreement or plan provided by a CARE team for up to 12 months with the possibility to extend for an additional 12 months. 3 Why CARE Act Court? •Although homelessness has many faces in California, among the most tragic is the face of the sickest who suffer from treatable mental health conditions— [CARE Court] aims to connect these individuals to effective treatment and support, mapping a path to long-term recovery. - CalHHS •The CARE Act provides a critical new on- ramp into the behavioral health system for a population of people that are the hardest to reach. Basic human dignity requires us to put our full effort into helping get care for people struggling with severe mental illness on our streets. - Senator Susan Talamantes Eggman (D-Stockton) 4 Who is Eligible for CARE Act Court? •The person is 18 years of age or older. •The person is currently experiencing a severe mental illness…and has a diagnosis identified in the disorder class: schizophrenia spectrum and other psychotic disorders, including substance induced psychosis. •The person is not clinically stabilized in on-going voluntary treatment. •At least one of the following is true: •The person is unlikely to survive safely in the community without supervision and the person’s condition is substantially deteriorating, and/or •The person needs services and supports to prevent a relapse or deterioration that would be likely to result in grave disability or serious harm to the person or others, as defined in Section 5150. •Participation in a CARE plan or CARE agreement would be the least restrictive alternative necessary to ensure the person’s recovery and stability. •It is likely that the person will benefit from participation in a CARE plan or CARE agreement 5 Who can file a CARE Act Petition? •A respondent may self-petition. •A person with whom the person resides. •A spouse, parent, sibling, child, or grandparent or is in individual who stands in loco parentis to the respondent. •The hospital where a person is receiving treatment, including psychiatric hospitalization. •The agency that has provided within the past 30 days or who is currently providing behavioral health services to the respondent or in whose institution the respondent resides. •A licensed behavioral health professional who has supervised the treatment or been treating the respondent for a mental illness within the past 30 days. •The county behavioral health agency of the county in which the respondent resides or is found. •A first responder, including a peace officer, firefighter, paramedic, emergency medical technician, mobile crisis response worker, or homeless outreach worker, who has had repeated interactions with the respondent •The public guardian or adult protective services •California Indian health services program or California tribal behavioral health department •The judge of a tribal court that is located in California, or their designee. 6 What Services are included in a CARE Act Agreement/Plan? •Behavioral health services •Medically necessary stabilization medications •Housing resources and support •Social services – such as •Supplemental Security Income/State Supplementary Payment (SSI/SSP), •Cash Assistance Program for Immigrants (CAPI), •CalWORKs, •California Food Assistance Program, •In-Home Supportive Services program, and •CalFresh •Services that provide aid and relief to indigenous people 7 Roles & Responsibilities Alameda County Behavioral Health will be responsible for: •Oversee the implementation of CARE Court in collaboration with the Superior Court, Public Defender, County Counsel, Alameda County Health, and Bay Area Community Services (BACS) •Review each court order for CARE investigation and engage the person •Co-facilitate CARE Court meetings •Ensuring that mental health services identified in the person’s CARE agreement/plan are being provided •Track each CARE Court participant for three years and provide quarterly reports to the Department of Health Care Services •File petitions for CARE Court from the Behavioral Health Department (BHD) 8 Roles & Responsibilities Public Defender will be responsible for: •Represent everyone who is referred to CARE Act Court. •Be available to answer questions and hear any concerns that the respondent may have. •Advocate for what the respondent wants. •Explain process and procedures and guide the respondent through all interactions with the court. •Protect the respondents’ privacy and confidential information. •Help the respondent navigate the interaction between CARE Court and other court case. Office of the County Counsel will be responsible for: •Advise and help Behavioral Health Department (ACBHD) navigate CARE Act legal process. •File petitions, reports, and other documents on behalf of ACBHD. •Attend court hearings. 9 Roles & Responsibilities Alameda County Superior Courts will be responsible for: •To provide resources to assist with the filing of petitions and a business process by which petitions may be filed. •To provide a dedicated judge and calendar to hear petitions filed and make determinations regarding eligibility. •CARE Act Court will be held every Thursday starting December 12, 2024 at 10 AM, in Department 103 at Wiley W. Manuel Courthouse (661 Washington Street, Oakland, CA, 94607). •To provide a forum to monitor participant’s progress and employ the court and the judge as a motivating factor in the participant’s success in treatment. Alameda County Superior Courts Self-Help Center will be responsible for: •To provide resources and assistance through phones, live chat, workshops, remote/phone, and in person appointments. •To provide education, information, and referrals related to CARE Act. •To explain CARE Act procedures. •To provide links to CARE forms for those who wish to complete the forms themselves, review completed CARE petitions and assist to complete CARE petitions. 10 File a CARE Act Court Petition When: •Beginning Thursday, November 28, 2024, for E-Filed petitions •Beginning Monday, December 2, 2024, petitions may be filed in-person petitions at three courthouse locations How to obtain filing forms: •All 3 courthouses have printed CARE Act Court documents to file in-person •To download documents online - https://www.courts.ca.gov/forms.htm 11 Steps to File in-person For more information: File a CARE Act Court Petition | Superior Court of California | County of Alameda File in-person, drop box, or mail. In person filings is accepted at any of the following court locations: •Rene C. Davidson Courthouse: 1225 Fallon Street, Oakland, CA 94612 •Berkeley Courthouse: 2120 Martin Luther King, Jr. Way, Berkeley, CA 94704 •Hayward Hall of Justice: 24405 Amador Street, Hayward, CA 94544 In-person filing is open from 8:30 am – 3:00 pm, Monday – Friday Drop box filing is open from 3:00 pm – 4:00 pm, Monday – Friday If filing by drop box or mail, please include a self-addressed stamped envelope. 12 Hayward Hall of Justice 24405 Amador Street, Hayward, CA 94544 Berkeley Courthouse 2120 Martin Luther King, Jr. Way, Berkeley, CA 94704 Rene C. Davidson Courthouse 1225 Fallon Street, Oakland, CA 94612 Alameda County Superior Court Filing Locations 13 How to E-File More information can be found at: https://www.alameda.courts.ca.gov/online-services/e-filing 1.Fill out your documents 2.Select an E-Filing Service Provider (EFSP): https://www.alameda.courts.ca.gov/e-filing-service- providers 3.Follow the EFSP’s steps for filing* *Case Type = Probate Case Category = CARE Act Proceeding 4.Monitor your email or E-Filing account for your filed documents E-Filing for CARE Act is at no cost, but a convenience fee may be charged ($5) 14 A Care Act petition is filed and received by the court The court reviews the petition to determine ‘Prima Facie’ showing The court may also dismiss the petition at this time if it does not meet CARE Act eligibility Once Prima Facie is met, the court will 1. Set a court date within 30 court days, 2. Order ACBH to conduct an evaluation and engage the participant 3. Notify the Public Defender’s office of the petition and the court date The participant is served with the petition and will meet with the Public Defender Upon evaluation completion, the Court determines if the participant is eligible for CARE Act Court If eligible, Behavioral Health, the Public Defender, and the participant will attempt to create a treatment plan Once the plan has been created and agreed to, the Court would conduct progress report hearings no less than every 60 court days. At the end of the year, the participant will either - (1) Graduate from Care Court or (2) Agree to an additional year of treatment, as needed 15q What if someone doesn’t participate in a CARE Agreement/Plan? If an individual with a CARE plan doesn’t participate in the services in their CARE plan, the judge can end their participation in CARE Act Court The Court may utilize existing authority under the LPS Act to ensure the respondents safety The respondent’s failure to participate in the CARE Act process will be considered in any subsequent hearings under the LPS Act that occur within 6 months, and shall create a presumption at that hearing that the respondent needs additional intervention beyond the supports and services provided by the CARE plan 16 Helpful Resources •CARE (Community Assistance, Recovery, and Empowerment) Act Court Resources -https://selfhelp.courts.ca.gov/care-act •Alameda County Superior Court’s CARE Act Webpage - https://www.alameda.courts.ca.gov/care •Alameda County Behavioral Health - https://www.acbhcs.org/wp-content/uploads/2023/03/ACBH- Director-Presentation-March-2023.pdf •Information about the CARE Act on the Judicial Council of California Website - https://www.courts.ca.gov/48654.htm •Information about the CARE Act from the California Health & Human Services Agency -https://www.chhs.ca.gov/care-act/ •How to Prepare your CARE Petition using a guided interview - https://lawhelpinteractive.org/Interview/InterviewHome?templ ateId=5525 For any questions, please contact: CAREActCourt@alameda.courts.ca.gov