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File a CARE Act Court Petition

The Court will not be accepting CARE Act Court petitions until Thursday, November 28, 2024.

How to File a CARE Act Court Petition

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

  • Fill Out Form CARE-100 Petition to Commence CARE Act Proceedings

    Download and complete form CARE-100 , and

  • Form CARE-101 Mental Health Declaration or Provide Evidence of Treatment

    Completed 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.

    For assistance completing forms or filing a petition, please visit the Alameda County Superior Court Self-Help Center. Assistance is available via Phone, LiveChat, or Appointment for personalized support.

    Please note that forms are also available in Chinese, Korean, Spanish, and Vietnamese as informational only.  Only the English version can be filed with the court.

  • Submit Forms to the Court

    CARE Act Court petitions are filed in Probate.

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

    Electronically at Probate e-filing, Superior Court of California, County of Alameda. There is no filing fee for a CARE Act Petition; $5 fee charged by any Electronic Filing Service Provider (EFSP.)

    E-Filing

    In person at any of the following court locations. Petitioners should bring the original document and two copies.
    Business hours are Monday - Thursday 8:30am to 3:00pm, Fridays 8:30am - 2:00pm.
    Drop box hours are Monday - Thursday 3:00pm to 4:00pm, Fridays 2:00pm - 4:00pm.

    René C. Davidson Courthouse

    Civil Division,

    1225 Fallon Street, Oakland, CA 94612

    Berkeley Courthouse,
    2120 Martin Luther King, Jr. Way,
    Berkeley, CA 94704

    Hayward Hall of Justice,
    24405 Amador Street,
    Hayward, CA 94544

    Or by mail to Berkeley Courthouse, 2120 Martin Luther King Jr. Way, Berkeley, CA 94704.

    What to Expect After Submitting a Petition

    Review and Evaluate
    The Court will review and evaluate the petition to determine if there is sufficient information to schedule an initial hearing for the individual, or whether more information is needed. The eligible individual may be contacted by Alameda County Behavior Health (ACBH) and may also be contacted by an appointed attorney.

    Determination and Treatment Hearings
    Usually after the parties have begun exchanging information, the Court will hold closed hearings to determine whether the individual can participate in CARE Act Court. At the initial hearing, Alameda County Behavior Health will become the petitioner in the CARE Act Court case and will remain the petitioner for the duration of the case.

    Oversight and Treatment Implementation Hearings
    The Court will schedule hearings, to occur every 60 days at a minimum, to learn about the individual's progress. Progress reports can be scheduled for up to a year, if needed, and extended for an additional year under certain circumstances.

    Ongoing Monitoring and Evaluation
    Throughout the duration of the CARE Act Court process, specialists monitor the individual's progress, and adjustments are made as needed, whether there is a mutually entered into CARE Agreement or CARE Plan order requested by a judicial officer.

Additional CARE Act Court and Mental Health Resources

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