Back in the beginning of 2024, the Civica Law team shared in extensive detail with Western City Magazine how California’s new legal approach to behavioral health care, known as CARE Court, works. To summarize, CARE court is an alternative mental health court to compel treatment for individuals with severe mental illness, schizophrenia-family only. Read our summary of CARE Court here.
CARE court was signed into law in 2022 and has since received more than 375 petitions in the 8 counties that have opened CARE Court in their jurisdiction. However, experts estimate 4,500 petitions could be filed in LA County alone – as of late February only 80 had been filed– with 20 dismissed and 60 pending. The demand for assistance with individuals suffering from schizophrenic-family disorders is prominent and rapidly increasing.
Current CARE Court Law
The Powers of the Court to compel treatment are limited; rather than having power over the individual’s treatment, the Court has power of the treatment facility. Voluntary compliance and compelled treatment vary drastically; if an individual ends up in CARE Court and refuses treatment, they could fall under a court-ordered care program for treatment, similar to a conservatorship, to provide them with immediate and necessary treatment and housing for their mental illness.
This “court-ordered care program” approach to remedy an individual with a schizophrenic-family illness is intended to help the individual, however some loved ones and advocates are concerned about revoking the individual’s rights and civil liberties completely – which is a risk often associated with a conservatorship. Many success stories told by CARE Court participants, or their loved ones, involve the individual completing the petition themself to escalate a court decision. However, the reality for some petitioners includes unknown statuses, with more delays, and silence rather than updates and progress.
New CA Prop 1 Can Affect CARE Court
A new California measure (Prop 1) proposes strict requirements for counties to spend on housing and drug treatment programs in an effort to tackle homelessness. This measure is the first update to California’s mental health system in 20 years. Two-thirds of $6.38 billion will be spent on housing and programs for the homeless. The mandatory spending may aid or provide alternative avenues to the court-ordered care program. Let Civica Law assist you with navigating the complexities of CARE Court. If you need to update your ordinances to stay in compliance with up-to-date legislation, Civica Law is here for you!
