CARE Court begins in SLO County. What does it mean for people with severe mental illness?
San Luis Obispo County residents living with or who have loved ones living with a severe mental illness now have a new resource: CARE Court.
Gov. Gavin Newsom signed the law creating Community Assistance, Recovery and Empowerment Court — or CARE Court — in September 2022. The court’s goal is to help people with severe mental illness find another pathway to receive support and care.
San Luis Obispo County is in the second group of counties to introduce the program, which officially launched on Dec. 1. The first group, which included Glenn, Orange, Riverside, San Diego, Stanislaus and Tuolumne counties and the city and county of San Francisco, all rolled out their programs in 2023.
For decades, loved ones of severely mentally ill people in San Luis Obispo County have advocated for more resources, with many stating the only way their loved one can receive help is if they get arrested.
This program is meant to address this gap.
According to a news release from the San Luis Obispo County Behavioral Health Department, CARE Court focuses on unhoused individuals living with schizophrenia or other psychotic disorders. Up to an estimated 12,000 Californians are eligible for CARE Court services, the agency said.
As of Dec. 9, the agency said, one petition for the program was already under review.
How to file a CARE Court petition
Participants in CARE Court must be at least 18 years old, unlikely to survive safely in the community without supervision or substantially deteriorating and have a diagnosis of schizophrenia or another psychotic disorder from a licensed clinical professional, Samantha Parker, Behavioral Health program supervisor for justice services, told The Tribune in April.
People experiencing psychotic symptoms as a result of traumatic brain injury or Alzheimer’s wouldn’t qualify, she said.
Likely candidates are people who may have been placed on a 5150, or involuntary 72-hour hold.
Anyone, including law enforcement, can file a CARE Court petition on behalf of an individual they think may benefit from services as long as they are familiar with the person, the release said. Individuals can also self-petition themselves into civil court ordered treatment.
San Luis Obispo Superior Courts will oversee all CARE Court petitions and proceedings, the news release said.
Those wishing to filed a petition must fill out a CARE-100 form, which is the petition itself, and a CARE-101 form, which is a mental health declaration completed by a licensed behavioral health professional.
The forms can be downloaded from the San Luis Obispo Superior Court’s website, slo.courts.ca.gov/self-help/care-act, and from the California Courts website, courts.ca.gov/forms-rules/find-your-court-forms, by searching “CARE.”
Petitions can be filed in-person at any San Luis Obispo Superior Court location, by mailing to San Luis Obispo Superior Court, 1050 Monterey St., Room 220 San Luis Obispo CA 93408, or online at california.tylertech.cloud/OfsEfsp/ui/landing.
Once a petition is filed, the court and Behavioral Health will be in contact regarding mental health assessments.
After the person is assessed and a judge approves a treatment plan, Behavioral Health will take over the management of the treatment, which includes housing and other supports under a personalized plan that can last up to two years, the release said.
“Often individuals with serious mental health conditions are caught between services as they may not agree to voluntary treatment but do not yet meet requirements within conservatorship laws to receive involuntary assistance,” County Behavioral Health Director Star Graber said in the release. “CARE Court is an opportunity and an answer for concerned loved ones when they tell us ‘This person needs specialized treatment but needs extra support, compassion and help to get started.’”
CARE Court participation is voluntary
While the program is a civil court process, participation is voluntary.
Individuals who are petitioned are not required to show up to court or adhere to a treatment plan if they are found eligible.
“Medications can’t be mandated,” Parker said. “It might be part of the treatment plan that is presented, but the person still has the ability to refuse medication. They still have their civil liberties, which is very important.”
Because the program is voluntary, someone participating in the program can change their mind and not be penalized if they do not follow the treatment plan provided.
Teresa Pemberton, Behavioral Health division manager, told The Tribune in April that CARE Court gives the department the ability to identify people who may need treatment and encourage them into services. It also helps them contact people they otherwise might not have been able to, she said.
The services CARE Court will offer are not very different from what the county already has, Pemberton said. Rather than creating a new service, she said, CARE Court is expanding what already exists so the agency can serve more people.
The goal is to provide another touch-point for people with severe mental illness to have the opportunity to receive services, she said.
The program ensures the participant has safe housing, she said, which could be one of 16 transitional supportive housing beds Behavioral Health received a grant to create. The beds will be assigned on a first-come basis, and if no beds are available, participants will be prioritized for housing when it opens up.
If a participant is waiting for housing to open up, the program could connect them with temporary housing in sober living or other nonprofit resources currently available.
Behavioral Health justice services manager Joshua Woodbury said in the release the courts play an important role in the CARE Court process because it provides oversight to both the treatment plan and the individual being treated.
“The judge provides vital direction in creating and adapting a person’s CARE plan as needed. They are there to hear concerns from participants, petitioners and agency partners throughout treatment, provide oversight, encouragement and ultimately steer individuals away from preventable hospitalization, conservatorship or incarceration,” Woodbury said.
