CARE Court and SB 43 in Plain Language

This publication addresses California's newest mental health law called Care Court.

Disclaimer: This publication is legal information only and is not legal advice about your individual situation. It is current as of the date posted. We try to update our materials regularly. However, laws are regularly changing. If you want to make sure the law has not changed, contact DRC or another legal office.

What is CARE Court?

California has some new laws about mental health. One of the new laws is called CARE Court.

CARE Court has lots of steps. You have to go in front of a judge many times. Your county’s behavioral health department has to check whether you have a certain disability.

There is a form that starts the CARE Court process. Many people, like your family, someone you live with, or a police person can fill out the form.
Once they send in the form, the county checks whether you qualify. Only certain people qualify.
- You have to have a certain medical condition to qualify: either schizophrenia spectrum disorder or other psychotic disorder.
- Many things do not qualify, like autism or bipolar disorder.
The judge says whether you qualify.
If the judge thinks you qualify, there are two possible paths:
- CARE Agreement: First, you and your lawyer can try to come to an agreement with the county and the judge. This agreement would be a year-long plan for mental health. The judge has to approve the agreement.
- CARE Plan: If everyone does not agree, the court can make a plan for you.
This plan can have treatment, housing, and medicine in it.
- You might have to take medicine. If you do not take the medicine, they will not use force to make you take it. But, if you do not take the medicine, the court can say you are not following their plan.
If you do not follow the plan, you might get put on a conservatorship. A conservatorship means that someone else gets to make choices about your mental health treatment and where you live. For example, they can send you to live in a locked facility and require you take psychiatric medication.

CARE Court does not give you choice and control in your life. It is a way for other people, like the judge, to tell you what to do.

What is SB 43?

SB 43 is a law about mental health in California. The law changes the definition of “Grave Disability.”

Grave Disability is one of the ways you can get put on an involuntary hold or conservatorship.

One involuntary hold is a 5150. A 5150 allows the county to hold you against your will in a locked facility for up to 72 hours (3 days). After that time, some people are released. Some people choose to stay in the hospital. Some people are held for longer on a different hold.

You can be placed on a 5150, other involuntary holds, or conservatorship if you meet the criteria for Grave Disability.

If you meet the criteria for Grave Disability, then you can get put on a 5150 hold. A police officer or county representative can put you on the hold.

SB 43 changes Grave Disability in two ways:

It adds severe substance use disorder. Now if you have a severe substance use disorder, then you can meet the Grave Disability standard.
It also says if you cannot take care of your own medical care or personal safety, you could meet the Grave Disability standard.

Grave Disability has two parts:

You must have either a mental health disorder or a severe substance use disorder.
And, because of that condition, you cannot do certain things:
- Take care of your own need for food, clothing or shelter, or
- Take care of your own safety and medical care.

This law means that more people will be put on involuntary holds and conservatorship. This law means more people will have less choice over their lives.