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Holiday Closure Alert:

The Superior Court of California, County of San Benito, will be closed Thursday, November 28, 2024, and Friday November 29, 2024, in observance of Thanksgiving Day holiday!

Welcome to CARE Court

Under the Community Assistance, Recovery and Empowerment (CARE) Act, qualifying individuals or entities can petition the Superior Court of San Benito County to help connect eligible individuals to a broad array of services, including mental health and housing services, via a voluntary CARE Agreement or CARE Plan established and overseen by a judicial officer.

IMPORTANT: San Benito County will not be accepting CARE Act Court petitions until December 2024.

CARE Act

Who is eligible to participate in CARE Court?

Individuals must meet all the following criteria to be eligible for CARE Court:

  • 18 years of age or older.
  • Diagnosed with a disorder within the "schizophrenia and other psychotic disorders" class of disorders and currently experiencing symptoms. 
  • Not clinically stabilized in ongoing treatment.
  • The individual's mental health is substantially deteriorating, and they are unlikely to survive safely in the community without supervision AND/OR need services and support to prevent relapse and deterioration.
  • Participation in a CARE Plan is the least restrictive alternative and the individual is likely to benefit from participation in a CARE Plan.

Who Can Petition

  • Family Member/Home

    • Person with whom respondent resides
    • Spouse, parent, sibling, child, grandparent or other individual in place of a parent
    • Respondent (i.e., self-petition)

  • Community Member

    • First responder (e.g., peace officer, firefighter, paramedic, mobile crisis response, homeless outreach worker)
    • Director of a hospital, or designee, in which respondent is hospitalized (including for Welfare and Institutions Code 5150 and 5250 holds)
    • Licensed behavioral health professional, or designee treating respondent for mental illness
    • Director of a public/charitable organization providing behavioral health services to the respondent in whose institution the respondent resides

  • Government or County Official

    • County behavioral health director, or designee
    • Public guardian, or designee
    • Director of adult protective services, or designee

  • Tribal Jurisdiction

    • Director of a California Indian health services program, California tribal behavioral health department, or designee
    • Judge of a tribal court located in CA, or designee

How do I file a CARE Court petition?

Eligible petitioners must complete and submit the following materials to begin the CARE Court process:

  • CARE-100 form AND
  • CARE-101 Mental Health Declaration from a licensed behavioral health provider
    OR

    Attach evidence, to CARE-100 form, that the person in need of services was detained for a minimum of two periods of intensive treatment (WIC 5250 hold process) and the most recent event occurred within the past 60 days.

    Please note that the forms are available in Chinese, Korean, Spanish, Vietnamese and English.

Where do I file a CARE Court Petition?

Petitioners have the following options to file CARE Court petitions and supporting documentation:

  • Electronically
  • In person

CARE Act Court May Not Be for Everyone

CARE Act Court does not apply to all diagnoses. The CARE Act focuses on a narrow community of vulnerable Californians with the most severe mental health conditions to provide supportive services before people from this community become involved with the criminal legal system, are committed to a state hospital, or end up in conservatorship.

Eligible diagnoses may include:

  • Schizophrenia
  • Schizoaffective disorder
  • Schizophreniform disorder
  • Brief psychotic disorder
  • Delusional disorder
  • Schizotypal personality disorder
  • Catatonia associated with another mental disorder
  • Unspecified catatonia
  • Other specified or unspecified schizophrenia spectrum and other psychotic disorders

Unless a person also has a diagnosis from the list above, the following conditions DO NOT meet CARE Act criteria:

  • Psychosis due to traumatic brain injury, autism, dementia or another condition
  • Catatonia associated with another medical condition
  • Major depression or bipolar disorder with psychotic features
  • Substance use disorders

Additional Resources

  • Court Forms
    • These forms are available in English, Spanish, Chinese, Vietnamese, and Korean

    • CARE-050-INFO: Information for Petitioners—About the CARE Act 

    • CARE-060-INFO: Information for Respondents—About the CARE Act 

    • CARE-100: Petition to Commence CARE Act Proceedings 

    • CARE-101: Mental Health Declaration—CARE Act Proceedings

  • California Courts Overview
    • Includes instructions for completing and filing a petition
    • Specifies who is eligible for CARE Court and which conditions are not eligible
    • Specifies who can file a petition
    • Contains additional resources available in English, Spanish, Chinese, Vietnamese, and Korean
  • CARE Act Resource Center
    • Contains information and trainings on topics in CARE Court

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