A person (called the Respondent) can participate in CARE Act proceedings if all of the following are true:

• 18 years of age or older.
• Diagnosed with a disorder within the "schizophrenia and other psychotic disorders" class of disorders and currently experiencing symptoms. * View full list of eligible diagnoses.
• Not clinically stabilized in ongoing treatment.
• Their 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.
• A CARE Plan is the least restrictive alternative and they are likely to benefit from participation in a CARE Plan.

If the Respondent does not meet the requirements above, options for assistance are still available at Access & Outreach Division - Ventura County Behavioral Health (vchca.org)

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

• CARE-100 (Petition to Commence CARE Act Proceedings) 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.
  
  AND
• CARE-105 (Order for CARE Act Report)

CARE Act Forms Packet

Please note that the forms are available in Chinese, Korean, Spanish, Vietnamese and English on the California Courts website. Find Your Court Forms - forms_and_rules (ca.gov)

Guided Form Assistance (Coming Soon)

Ventura Superior Court Self-Help Center Assistance (Civil Self-Help - Ventura or Oxnard)

There is no filing fee required to file a CARE Act Petition.

Petitions can be filed in person with no appointment necessary, or placed in the drop box at the following Courthouse locations:

Petitions may also be mailed to the Ventura Courthouse location.

The court will review the petition and supporting documents to determine that the Respondent meets or might meet CARE Act eligibility requirements. Then, it will do one of the following:

• Dismiss the petition. The court will do this if it finds: (1) the petition does not show that the Respondent meets or may meet CARE Act eligibility requirements, or (2) the Respondent is voluntarily working with Behavioral Health Services, their engagement is effective, and the Respondent has enrolled or is likely to enroll in voluntary treatment through the county or another provider.
• Order a report. If the court finds the petition does show that the Respondent meets or may meet criteria for the CARE Act process, the court will order Behavioral Health Services to engage with the Respondent and file a written report with the court within 30 business days.
• Set an initial appearance. The court will set an initial appearance if it finds that the report filed by Behavioral Health Services supports the petition’s showing that the Respondent meets or may meet CARE Act eligibility requirements and the county’s engagement with the Respondent was not effective.
  
  The Petitioner and Respondent will receive a notice in the mail of the date, time, and place of the hearing.

Note: The procedures are somewhat different if Behavioral Health Services is the Petitioner.

At the Initial Appearance:

• The Petitioner must be present at the initial appearance, or the petition may be dismissed.
• The Respondent has the right to appear in person. They can choose to give up their right to attend personally, and their attorney can appear on their behalf.
• A representative from County Behavioral Health Services will be present.
• If the original Petitioner is not the director of a county behavioral health agency, the Petitioner will be replaced by the director of the county behavioral health agency, or their designee, who will take over as the petitioner.
• If the Respondent does not indicate through their attorney that they are choosing not to attend and does not appear, and the court makes a finding on the record that reasonable attempts to encourage them to appear have failed, there may be a hearing without the Respondent, if the court finds that it would be in their best interest.
• The court will set a hearing on the merits of the petition or, the hearing on the merits may happen at the same time as the initial appearance, but only if the Respondent, the Petitioner, and the court agree.

At the Hearing on the Merits:

The court will determine if the Respondent meets the CARE Act criteria. In making this determination, the court will consider all evidence properly before it, including the report from the county agency and any additional evidence presented by the parties, including the petition and any information the Respondent provides.

• If the court finds the Respondent does not meet the CARE Act requirements: The court will dismiss the petition.
• If the court finds that the Petitioner has shown that the Respondent does meet the CARE Act requirements: The court will order Behavioral Health Services to work with the Respondent, their attorney, and their supporter, if they have one, to participate in behavioral health treatment and determine if the Respondent and Behavioral Health Services will be able to enter into a CARE agreement. The court will also set a case management hearing.

At the Case Management Hearing:

The court will hear evidence for a:

• CARE Agreement: Voluntary agreement entered by the Respondent and the County Behavioral Health Agency for services.
  
  OR
  
• CARE Plan: If a clinical evaluation indicates that the Respondent meets criteria, the Court will order the creation of a CARE Plan. This plan will provide services and help in the community that are just for that person. This plan may include medications to help them stay stable. The plan can’t force them to take those medications if they don’t want to.

Further Hearings - CARE Plan Development and Implementation:

If there is no CARE Agreement reached, the court will set future hearings for the development of a CARE Plan.

In the 11^th month, a one-year status hearing is held to determine graduation or reappointment, with the possibility for the Respondent to request reappointment or develop a graduation plan for transition out of the court’s jurisdiction.

More information on the CARE Act process can be found at:

The CARE Process Flow

CARE Act hearings are heard in Courtroom 22 on Wednesdays at 1:30 pm at:

Hall of Justice - Ventura
800 South Victoria Avenue
Ventura, CA 93009

Please note that CARE Act hearings are closed to the public and all information related to the Respondent’s health including reports, evaluations, diagnosis, and other information, is confidential.

Petitioners and Respondents should refer to the CARE Act Hearing Information Page (coming soon) for more information on what to expect when coming to the courthouse for a CARE Act hearing.

To Appear In-Person:

Please arrive at the courthouse at least 30 minutes before your scheduled hearing and report directly to Courtroom 22.

To Appear Remotely:

Remote appearance information coming soon.

If the Petitioner is someone who lives with the Respondent, is a spouse, parent, sibling, child, or grandparent of the Respondent, the Petitioner:

• Has a right to participate during the initial hearing to determine the merits of the Petition.
• May have ongoing rights of notice, based on the court’s discretion.
• May be allowed to participate and engage in the Respondent’s CARE proceedings, if the Respondent agrees.

All other Petitioners have the right to make a statement at the first hearing.

Information for Petitioners – About the CARE Act (CARE-050-INFO)

• Once the CARE Act proceedings have started, the Respondent has the right to be informed of the proceedings, the right to take part in the proceedings, and the right to be represented in all stages of the process.
• The court will appoint an attorney for Respondent who will contact the Respondent at the beginning of the CARE Act proceedings.
• The Respondent has the right to replace their court-appointed attorney with an attorney that they choose. ] Note: If they choose their own attorney, the Respondent is responsible for paying their fees, if any.
• The Respondent has the right to request the presence of any family member or friend, including a supporter, without waiving the right to keep the hearing closed to the rest of the public.
• The Respondent has the right to choose a person to support them through the CARE Act process. The CARE Act calls that person "supporter." The court may appoint the person the Respondent has chosen as their supporter. The supporter’s role is to assist the Respondent with understanding, communicating, making decisions, and expressing preferences throughout the CARE Act process.

Information for Respondents - About the CARE Act (CARE-060-INFO)

Notice of Respondent’s Rights-CARE Act Proceedings (CARE-113)

The Respondent has the right to choose a person to support them through the CARE Act process. The CARE Act calls that person "supporter." The court may appoint the person the Respondent has chosen as their supporter. The supporter’s role is to assist the Respondent with understanding, communicating, making decisions, and expressing preferences throughout the CARE Act process.

The supporter may be a friend, family member, faith leader, mentor, person with lived experience in mental health and/ or substance use disorder, or other support person chosen by the respondent.

Form to elect supporter can be found here: (TBD)

Supporter Role in the CARE Act

Access & Outreach Division - Ventura County Behavioral Health (vchca.org)

Mental Health - 211 Ventura County

Ventura County Public Defender (vcpublicdefender.org)

NAMI Ventura County – Ventura County's Voice on Mental Illness

California Courts Self-Help Guide for CARE Act proceedings

CARE Act Overview

Adult Civil Mental Health (ca.gov)

CARE Act - California Health and Human Services

NAMI California – CARE Act Overview

Statutes: Welfare and Institutions Code (WIC) (§§ 5970 - 5987)

Calfiornia Rules of Court: Rule 7.2201 et seq. (California Rules of Court: Title 7, Division 2, Chapter 2)