CARE Act
This section offers information on the Community Assistance, Recovery, and Empowerment (CARE) Act, how and where to file a CARE Act petition, and the forms that are needed.
This section provides information on the CARE Act, including guidance on where and how to file a CARE Act petition, along with the required forms.
CARE Act - Become a Link to CARE
What is the CARE Act?
The CARE Act is a California law designed to assist individuals with severe mental illnesses relating to schizophrenia spectrum or other psychotic disorders, by providing access to vital support and services. Its goal is to reduce preventable hospitalizations and incarcerations while addressing the needs of those who often face homelessness or incarceration due to a lack of proper treatment. The individual receiving services under the CARE Act is referred to as the Respondent.
How does the CARE Act work?
The CARE Act functions through a collaborative process involving the courts, family members, and healthcare service providers. The process begins when a petitioner, such as a family member, files a petition with the court. The court then holds hearings to assess if the individual meets the eligibility requirements. If found eligible, the court establishes either a CARE agreement or a court-ordered CARE plan tailored to the individual's needs. This agreement or plan may include treatment, housing, and other essential services, all designed to support recovery and stability.
Who is eligible for CARE services?
Individuals eligible for CARE services under the CARE Act include individuals diagnosed with schizophrenia spectrum or other psychotic disorders. The program is intended for those who are severely impaired and at risk of repeated hospitalizations, homelessness, or incarceration without treatment. Eligibility is determined through a court process that assesses whether the individual meets the specific criteria outlined in the CARE Act, ensuring services are tailored to meet the individual’s particular needs.
Watch this short video about eligibility requirements for CARE services:
What forms do I need to fill out to file a CARE petition?
If you believe that the potential Respondent meets all CARE Act requirements, you will need to complete the following:
- CARE 101 – Mental Health Declaration
- Complete the top of Pg. 1 – Petitioner’s name and contact information, case name, and case number.
- The rest of the form must be completed by a licensed behavioral health professional and must be attached to CARE 100 at the time of filing.
- CARE 105 – Order for CARE Act Report
- Complete the top of Pg. 1 – Petitioner’s name and contact information, case name, case number, and Item 1.
- The rest of CARE 105 is completed by the court.
- Complete the top of Pg. 1 – Petitioner’s name and contact information, case name, case number, and Item 1.
How do I know if my forms are completed properly?
The court’s Self-Help Services offer a free optional document review service for self-represented litigants. As part of this service, a Self-Help attorney or paralegal will review your documents for completion before filing. Our staff cannot provide you with legal advice or strategy.
Watch this video to learn more about how a CARE Court specialist can help you:
To have your documents reviewed, you may choose:
- Electronic submission
- Visit: https://www.occourts.org/self-help/self-help-services
- Scroll down and click on the button labeled “Contact Self-Help Services”.
- Complete the request for assistance form in full and submit.
- Visit: https://www.occourts.org/self-help/self-help-services
- In person
Central Justice Center
Self-Help Services, 1st Floor, Room G-100
700 Civil Center Drive West, Santa Ana, CA 92701
Costa Mesa Justice Complex
3390 Harbor Boulevard, Costa Mesa, CA 92626
Harbor Justice Center
Criminal Operations, 1st Floor, Suite 111
4601 Jamboree Road, Newport Beach, CA 92660
Lamoreaux Justice Center
Self-Help Services, 1st Floor
341 The City Drive South
Orange, CA 92868
North Justice Center
Criminal/Traffic Operations 3rd Floor
1275 North Berkeley Avenue, Fullerton, CA 92832
West Justice Center
Criminal/Traffic Operations 1st Floor
8141 13th Street, Westminster, CA 92683
Where do I file my documents?
CARE Act Petitioners must file in the county where:
- The Respondent lives, or
- The Respondent is found, or
- The Respondent is facing criminal or civil proceedings.
In Orange County, a CARE Act Petition may be filed:
- In Person
Central Justice Center
Self-Help Services, 1st Floor, Room G-100
700 Civil Center Drive West, Santa Ana, CA 92701
Costa Mesa Justice Complex
3390 Harbor Boulevard, Costa Mesa, CA 92626
Harbor Justice Center
Criminal Operations, 1st Floor, Suite 111
4601 Jamboree Road, Newport Beach, CA 92660
Lamoreaux Justice Center
Self-Help Services, 1st Floor
341 The City Drive South
Orange, CA 92868
North Justice Center
Criminal/Traffic Operations 3rd Floor
1275 North Berkeley Avenue, Fullerton, CA 92832
West Justice Center
Criminal/Traffic Operations 1st Floor
8141 13th Street, Westminster, CA 92683
- A 24/7 Dropbox located outside of the Costa Mesa Justice Complex
- Mail:
Costa Mesa Justice Complex
ATTN: Probate Filing Clerk
3390 Harbor Boulevard, Costa Mesa, CA 92626 - E-filing:
Visit: https://www.occourts.org/online-services/efiling/efiling-probate-mental-health
Is there a fee for filing?
There is no fee for filing.
What happens once my documents are filed?
The Judicial Officer will review the CARE Act Petition and determine if the Respondent’s needs meet the basic requirements of the CARE Act. This initial assessment is called a Prima Facie review. If the Respondent meets the basic requirements, the Judicial Officer will assign the Health Care Agency (HCA) to prepare a report and appoint a Public Defender to represent the Respondent. Once the report is completed, the Judicial Officer must decide whether to proceed with developing a CARE agreement or a CARE plan to address the Respondent’s needs. If the Respondent does not meet the basic requirements, the Judicial Officer will dismiss the case.