Governor Gavin Newsom’s program requiring mentally ill Californians to seek treatment at the request of family members, caregivers and others has been challenged in state Supreme Court by advocates for the disabled and the poor, who say it should be allow those with such ailments to decide. if seeking attention
Beginning in October, when the law first goes into effect in some counties, “thousands of mentally ill homeless Californians will be threatened with court orders, forced into involuntary treatment, and taken off the streets, not because they are a danger to themselves or others, but because a judge has speculated that it is ‘probable’ that they will be so in the future,” the organizations said in a lawsuit filed Wednesday.
People with disabilities, according to the lawsuit, are still entitled to “autonomy and the right to make their own decisions about their lives, including where to live and what services and treatment to accept.” It was presented by Disability Rights California, the Western Center on Law & Poverty, and the Public Interest Law Project.
The program, approved by the Legislature with bipartisan support, is called CARE Court, for Community Assistance, Recovery and Empowerment. It will allow a family member, mental health or care worker, or law enforcement officer to petition a civil court to refer a person for treatment of a serious mental illness. The county behavioral health system would then decide if the person needs treatment that they are not already receiving. The mentally ill will receive legal representation but must comply with an order of care. The county agency would also prepare a plan for up to 12 months of medication and treatment, which could include placement in a care facility at government expense.
Newsom says between 7,000 and 12,000 people will receive care under the plan. It will go into effect in two phases, with eight counties starting in October 2023 and the rest in December 2024. The Legislature has budgeted $57 million for the program this year.
“There is no mercy for naked people defecating and urinating in the middle of the streets, screaming and talking to themselves,” Newsom told The Chronicle last March when announcing the proposal. “There is nothing appropriate about a child and a mother going down the street trying to get to the park and being accosted by people who clearly need help.”
But disability rights groups argued that the program will “burden fundamental rights to privacy and liberty” by restricting their ability to choose “your medical provider and where and with whom to live.”
“The primary goal of the CARE Act is to create a politically expedient legal mechanism to remove a disadvantaged group of Californians from public view,” the lawsuit says. The organizations said they filed it directly with the state Supreme Court due to “the urgent nature of the issues” but would pursue their claims in the lower courts if the higher court denied direct review.
They quoted Vanessa Ramos, who has a mental health condition called schizoaffective disorder and works as an organizer for Disability Rights California: “What worked for me is access to voluntary community services. I truly believe that if we invest in these resources and solutions, people like me heal.”
“In lieu of coordinated community care and permanent housing, the CARE Act establishes a new mandatory court system that authorizes deprivation of liberty and autonomy,” said Mike Rawson, attorney with the Public Interest Law Project.
In response, Daniel Lopez, a spokesman for Newsom, said: “The Governor, along with most Californians, are beyond frustrated by the conditions seen daily on our streets. There is nothing compassionate about allowing people with severe untreated mental health and substance use disorders to suffer in our alleys, in our criminal justice system, or worse yet, face death… California is leading with our values and creating a new paradigm to deliver the assistance, recovery and empowerment that people deserve”.
Bob Egelko is a staff writer for the San Francisco Chronicle. Email: [email protected] Twitter: @BobEgelko
