(InEDC) Cris Alacon, HAPPY VALLEY, CALIFORNIA – Within a week, seven counties in California will commence a pioneering endeavor in addressing severe mental illness. The official launch of the Community Assistance, Recovery, and Empowerment (CARE) courts in Orange, Riverside, San Diego, San Francisco, Stanislaus, Tuolumne, and Glenn counties is scheduled for October 1. Los Angeles’ CARE courts will commence on December 1.
The establishment of these courts in 2022 aligns with the state’s response to the crises of homelessness and untreated psychiatric disorders. Recent research from the University of California San Francisco reveals that almost two-thirds of California’s homeless population grapple with severe mental illness, while the same proportion suffer from substance abuse problems. The CARE Act allows concerned parties, such as family members, first responders, physicians, or authorized individuals, to petition a county-operated civil court to formulate a voluntary or obligatory plan for individuals facing severe mental illness. This plan would encompass treatment options (such as therapy, medication management, and substance abuse assistance), housing and employment provisions, and any other essential services required by the person in question.
The duration of the plan is one year, with the possibility of extension for an additional year. Failure to comply with the treatment plan may result in conservatorship or involuntary commitment to a psychiatric facility. A dedicated advocate and a public defender will be appointed to support and represent each individual throughout the CARE court process. Riverside Board of Supervisors Chairman, Kevin Jeffries, expressed, “While our primary objective remains encouraging voluntary treatment, this innovative ‘CARE Court’ tool may enable us to assist those who are most in need.” The implementation of the CARE Act imposes significant obligations on county governments. Counties that neglect to comply with this legislation may face fines amounting to $1,000 per day, with an upper limit of $25,000 for each violation.
An estimated number of 7,000 to 12,000 individuals are anticipated to qualify for CARE courts throughout the state. In the first year, San Diego County predicts around 1,000 petitions and court-ordered treatment plans for approximately 250 individuals. Orange County, on the other hand, expects 1,400 petitions and around 400 to 600 treatment plans. However, other counties are uncertain about the number of petitions or cases they will receive. This lack of clarity could further complicate the already challenging introduction of the CARE court program.
Counties have expressed concerns about their ability to meet the requirements of the CARE Act. The scarcity of housing and the intense strain on the state’s mental health infrastructure are already contributing factors. “We cannot simply conjure up (board-and-care resources) effortlessly,” stated Luke Bergmann, Director of San Diego Behavioral Health Services. “We must locate providers willing to undertake this task and ensure that they have the necessary resources.” The Legislature has assigned $39.5 million in General Fund appropriations to support the program in the current fiscal year.
The initial group of counties participating in the CARE court program has received $26 million from the state to initiate the experiment. In addition to the reservations expressed by county officials, the CARE Act has faced opposition from disability rights groups that generally object to any form of coercive mental health treatment. These groups made an unsuccessful attempt this year to declare the law unconstitutional based on due process and equal protection grounds. It is worth noting that the CARE Act has a limited scope, only encompassing individuals with severe forms of psychiatric illness, specifically schizophrenia and related disorders. This similarity to the 2001 law known as Laura’s Law is notable. However, unlike the CARE Act, Laura’s Law solely applies to counties that choose to opt in.
For further information on the rollout of CARE courts and the program’s functioning, visit the FAQ page of the California Health & Human Services Agency.
