How to file the CARE petition

Fill out the required court paperwork to start CARE Act proceedings on behalf of someone else and file them with the court.

Find the address of the court where you will file the case

You will need the address of the court to put on the papers you file. Generally, you must file the papers in the court in the county where the person you are filing for lives. Find the court's address. You will need the address of the courthouse that handles CARE Act cases.

Fill out the required forms

• Mental Health Declaration (form CARE-101), or
• Evidence that respondent was detained for at least two periods of intensive treatment, the most recent period within the past 60 days. Examples of evidence: a copy of the certification of intensive treatment, a declaration from a witness to the intensive treatment, or other documentation indicating involuntary detention and certification for up to 14 days of intensive treatment.

Note:

For purposes of the CARE Act, "intensive treatment" refers to involuntary treatment authorized by Welfare and Institutions Code section 5250. It does not refer to treatment authorized by any other statutes, including but not limited to Welfare and Institutions Code sections 5150, 5260, and 5270.15.

File the forms

• File in person: Make at least 3 copies of your forms and documents. The court will keep the original documents. File the forms and document with the court clerk at your court.
• File by mail: Make at least 3 copies of your forms and documents. The court will keep the original documents. Mail the envelope to the clerk at your court and make sure you have enough postage. Include a self-addressed, stamped envelope for the clerk to return your copies to you.
• File electronically (e-file): Go to your court's e-filing page (usually under "Online Services" on your court's website). If your court offers e-filing, you will see a list of e-filing vendors that you can choose from to e-file your forms. You will likely have to create an account and then upload your documents. You will likely see questions about a filing fee but keep in mind that most e-filing vendors are waiving the fees for CARE Act petitions. You may have to check a box called something like "waiver" when you're e-filing so that you don't have to pay.

If you need help filling out the CARE petition (form CARE-100) visit a Self-Help Center.

Each court has a Self-Help Center where you can get free legal help with court forms and answers to legal questions about CARE Act proceedings. The Self-Help Centers can assist you with filling out the court forms.