Lawsuit filed to challenge constitutionality of CARE courts

On Thursday, three civil rights groups filed a petition with the California Supreme Court to block the implementation of the CARE Courts program, which was signed into law by Governor Newsom last year.

According to the State, the Court for Relief, Recovery, and Community Empowerment (CARE) was created as a result of the passage of SB 1338 to help establish a framework for receiving support and assistance for individuals with mental health and substance abuse problems, especially those with who are not treated for conditions, to guardianship and residential care. Families, clinicians, first responders and others will also be able to refer patients suffering from the schizophrenia spectrum or psychotic disorders.

SB 1338 was signed into law in September by Gov. Gavin Newsom, who noted at the time that “with overwhelming support from the Legislature and stakeholders across California, the CARE Court will become a reality in our state, offering hope and a new path forward for thousands of struggling survivors.” Californians and inspiring their loved ones to help. I thank our legislators and the broad coalition of partners who made this day possible, and look forward to working together to bring this transformative program to communities across California.”

Senator Thomas Umberg (D-Santa Ana), who wrote the bill with Senator Susan Eggman (D-Stockton), also said, “I’ve seen firsthand what good can happen when our judicial, executive, and legislative branches work. together to address vulnerable populations and nuances such as mental health, veterans, at-risk youth and substance use. There are distinct frameworks and best practices for collaboration here, and we’ve brought them together in SB 1338 for something new and revolutionary in California. I am proud to be able to lead this effort with Senator Eggman and look forward to more success in the coming years.”

The rollout of care courts began last month in several counties with a goal of rolling out slowly across the state. Funding began with an initial $88 million, with an additional $52 million to be added to the new budget later this year. Plans are in full swing and include an increase in funding to $215 million by 2026.

However, opposition grew after the bill was signed in September. Since then, many mental health and disability groups have spoken out against the courts, stating that the courts disenfranchise anyone who approaches them and that the courts will actually worsen mental health by not providing the level of care they need to many. . Many also oppose the courts as they essentially impose social services on people and that it is against the Constitution as Californians’ rights to choose housing and health care are effectively uprooted in court.

On Thursday, Disability Rights California, the Western Center for Law and Poverty, and the Public Interest Act filed a lawsuit. Disability Rights California v. Newsom, challenging the nursing courts in the State Supreme Court. According to the filing, “The proposed solution is court orders that deprive homeless Californians of their autonomy to choose their own mental health treatment and housing and threaten their freedom. This ‘solution’ will not work and will deprive thousands of people of their constitutional rights.”

The involuntary nature of the courts was further highlighted by Helen Tran, senior lawyer at the Western Center for Law and Poverty, who said in a statement Thursday that “The CARE Act unnecessarily uses our judicial systems to impose medical care and social services on people. We are against this new system of coercion. Instead, government resources should be focused on creating more affordable, permanent supportive housing and expanding our care systems so that anyone who needs help can quickly access them.”

With the care courts now under threat, Newsom lashed out at the lawsuit later on Thursday, blaming the groups’ concerns as simply wanting to “delay progress.”

“There is nothing compassionate about allowing people with severe, untreated mental and substance use disorders to suffer in our lanes, in our criminal justice system, or worse, face death,” he said on Thursday. governor’s office. “While some groups want to delay progress with arguments in favor of the failure of the status quo, the rest of us are dealing with the cold, harsh reality that something urgently needs to be done to overcome this crisis.”

However, legal experts have noted that Newsom and others may find it difficult to defend their program in court.

“They will have to prove that there should be a lot of enforcement parts in care courts,” lawyer Brandon Gibbons told The Globe. “And that’s not to mention the courts of public opinion, many of which prefer to take a more nuanced approach and cater for housing and health care needs of their own choice. No one is saying not to do anything about health care, but the question is whether this program goes against the rights of the people to achieve it. The Newsom administration really needs to prepare for this case.”

The case is expected to be heard in the coming months.

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