Resources

Overview

Through a new State law Senate Bill (SB) 1338 (Chapter 319, Statutes of 2022) , Marin County will implement the Community Assistance, Recovery and Empowerment (CARE) Act program on December 1, 2024. In collaboration with County and community partners, the CARE Act program creates a new pathway to deliver mental health and substance use services to individuals who are diagnosed with schizophrenia or other psychotic disorders and are not engaged in treatment.

Families, clinicians, first responders, and others may begin the process by filing a petition with the civil court to connect people (ages 18+) to court-ordered voluntary treatment if they meet criteria and would benefit from the program. See below for more details:

STEP ONE – Referral & Assessment
The process begins when a family member, roommate, clinician, or other eligible person files a CARE Act petition referring someone who needs help to the CARE program. The court appoints a legal representative to help the potential participant navigate the process. A clinical team will meet with the client in the community to determine whether they are eligible to take part in the CARE program.

STEP TWO – Developing a CARE Plan
If a person is deemed eligible for the CARE program, a CARE team (that may include clinicians, case managers, people with lived experience, and others) works with each participant to create a personalized treatment plan (that can include housing options, medications, counseling, and other services) and help with supportive decision making (which could include topics like a Psychiatric Advance Directive—a legal document that can be used by a person with mental illness to say what their treatment preferences are in case of a crisis). Review hearings will be scheduled periodically to assess the participant’s progress and ensure services are offered quickly.

STEP THREE – Treatment
Participants receive services for up to one year, which the court can renew for an additional year, if needed. At 11 months, CARE Court holds a one-year status hearing to determine whether the plan’s services and resources should be extended for up to 12 more months.

STEP FOUR– Graduation
The participant can continue with treatment, supportive services, and housing options in the community to support long-term recovery, even after they are no longer a CARE participant. Their supportive-decision-making materials can also stay in place for any future use.

FAQ

The CARE program is meant to help adults experiencing specific types of severe, untreated mental illnesses.

To be eligible for the CARE program, participants must be:

  • 18 years or older
  • Diagnosed with schizophrenia or other psychotic disorders
  • Currently experiencing behaviors & symptoms associated
  • with that severe mental illness
  • Not receiving ongoing voluntary treatment

Petitioners must be at least 18 years old and related to participant as a:

  • Family member, roommate, or legally appointed guardian
  • Licensed behavioral health professional who supervised their treatment in the last month
  • Representative of a hospital, county behavioral health agency, public or charitable organization or home, California Indian health services program, or tribal behavioral health program who has recently provided services to the participant
  • First responder—such as a paramedic, emergency medical technician, homeless outreach worker, mobile crisis response worker, police officer, or firefighter—who has had multiple interactions with the participant
  • California tribal court judge
  • Member of a county behavioral health, adult protective services or public guardian office
  • The potential participant themselves

Petition to Commence CARE Act Proceedings (CARE-100) Form.  Resources for Petitioners

The CARE program is strictly voluntary. Its goal is to help residents get the support they need in the least restrictive way possible. It protects participants’ rights to make their own decisions, giving them free legal representation and allowing them to select a supporter who can help them advocate throughout the process. Participants cannot be forced to participate in services against their will (including taking medication) and can leave the program at any time.

CARE Court is community-based, advocates for the pursuit of less restrictive care settings, and aims to intervene before individuals end up in a state of severe impairment that might necessitate an investigation for LPS Conservatorship.