CARE Court Starts in Alameda County

ICJJ’s commitment to justice in our jails compels our engagement with county- and state-wide efforts to address the destructive nexus between mental illness, homelessness, and incarceration.Alameda County’s Care First, Jails Last is one such initiative.  Here we discuss another — Care Court — designed and mandated by the State of California to each of its counties.

CARE Court, the Community Assistance, Recovery and Empowerment (CARE) Act Court, is a state initiative created by SB 1400. It began in Alameda County on December 2, 2024. It is a civil court process for individuals who are at least 18 years old and who are diagnosed with specific schizophrenia spectrum or certain other psychotic disorders that interfere with their ability to participate safely in daily life, who are not currently stabilized in an on-going voluntary treatment program.

The legislation is intended to serve as an intervention for individuals experiencing severe impairment to prevent their incarceration, psychiatric hospitalizations, and/or conservatorship. It is being implemented jointly with the Alameda County Superior Court and the Alameda County Behavioral Health Department (ACBHD).

Family members, health care providers, County mental health workers, first responders (including police) or social services providers can petition for a person to be considered for the CARE Act Court. A person may also petition for themselves for CARE Act Court. The court does not create a criminal record—it’s a civil proceeding to provide resources to those in need. The Alameda County Public Defender will represent all qualifying CARE Court participants. CARE Court petitioners do not need an attorney to file a petition.

The Superior Court will decide if a person qualifies for the CARE Act Court. If the person qualifies, the judge will order ACBHD to work with the individual to create a CARE Agreement, which can include housing, treatment, and support services.

If an agreement cannot be made, the Court may order a CARE Plan. Once a plan/agreement is created, the Court will hold status hearings to review the participant’s progress.

The CARE Act Court is not a conservatorship. It is intended to enable the participant to work with mental health specialists, housing specialists, their petitioners, and the court to develop a CARE Act Plan to improve their long-term health, so that they can live successfully and independently. ACBH Press Release 11-12-24.

Disappointing Results Elsewhere

Other counties that have enacted CARE Court provisions have seen disappointing results. The program in San Francisco had run for nearly a year and logged only 42 petitions. Roughly half the cases were dismissed, while only five were resolved with CARE agreements.

Alameda County Behavioral Health has identified about 800 people who have received mental health services over the years, and who would likely qualify for CARE court. Judge Sandra Bean, who will oversee the Alameda County program, said, “‘We don’t expect petitions (for) all those folks,’ the judge said. But given that the CARE Act is now entering its second year, and more people have become familiar with it, ‘we’re very hopeful.’” SF Chronicle, Rachel Swan, 11-12-24

We will continue to update you in future ICJJ newsletters regarding the impact of the Care Court.