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May 3, 2023California Supreme Court rejects disability advocates’ bid to block Newsom mental health court
Gov. Gavin Newsom will be allowed to establish a system of mental health courts after a lawsuit brought by disability rights advocates failed to block it from moving forward.
The California Supreme Court on Wednesday ruled it would not prevent California counties from implementing Newsom’s Community Assistance, Recovery and Empowerment, or CARE, Court.
Newsom intends for the CARE Court program to help homeless residents with serious untreated mental illnesses. It will create a system of specialized courts and require all 58 California counties to provide treatment for those suffering from psychotic disorders, including schizophrenia.
The Newsom administration estimates 7,000 to 12,000 people would meet CARE Court criteria — a small portion of the state’s more than 170,000 homeless.
Those referred to CARE Court will receive a treatment plan from county behavioral health employees that could include medication. Californians who don’t comply could be removed from the program.
Lack of participation in CARE Court may make it easier for people to be placed in involuntary treatment through the state’s existing system.
Disability Rights California, one of the advocacy groups that brought the legal challenge, is “disappointed” by the decision, the organization said in a statement on Friday.
“We, with our partners, will carefully monitor Care Court implementation throughout the state and embrace all viable options to ensure that the rights of disabled Californians are respected and enforced,” said Melody Pomraning, Disability Rights communications director.
Newsom cheered the ruling, saying in a statement it “ensures that the implementation of the CARE Act will continue without delay.”
“This ruling holds significant importance for thousands of Californians and their families experiencing untreated serious mental illness and substance use disorders,” Newsom said.
Disability Rights has opposed CARE Court since its introduction, saying it forces mental health treatment. But Newsom and bill author Sen. Tom Umberg, D-Santa Ana, both strongly assert this isn’t true.
“CARE Court participants cannot be forced to participate,” the Newsom administration said in a court filing in response to the Disability Rights lawsuit.
The Legislature passed Umberg’s bill in August 2022, and Newsom signed it in September.
San Diego, Riverside, Orange, Glenn, Stanislaus and Tuolumne counties will be the first to implement CARE Court by Oct. 1. San Francisco city and county will also be part of the fall cohort, and Los Angeles County will implement the program by Dec. 1.
