Lawsuit Filed Challenging Constitutionality Of CARE Courts

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

According to the state, the Community Assistance, Recovery and Empowerment (CARE) Court was put into place through the passage of SB 1338 to help establish a framework to get those with mental and substance abuse problems support and assistance, especially those with untreated conditions, before conservatorship and institutional care. Families, clinicians, first responders and others will also be able to refer individuals suffering from schizophrenia spectrum or psychotic disorders.

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

Senator Thomas Umberg (D-Santa Ana), who wrote the bill along with Senator Susan Eggman (D-Stockton), also said that “I have seen first-hand the good that can come when our judicial, executive, and legislative branches work together to address delicate populations and nuanced issues like mental health, veterans, at-risk youth, and substance use. The individual frameworks and best practices for collaboration exist here – and we pulled them together in SB 1338 for something new and revolutionary in California. I’m proud to have been able to spearhead this effort with Senator Eggman and look forward to more advances in the years ahead.”

Implementation of the Care Courts began last month in several counties, with the goal to have a slow-roll out across the state. Funding began with an initial $88 million, with an additional $52 million set to be added with the new budget later this year. Plans are, under full implementation, to raise funding to $215 million by 2026.

However, opposition has grown following the signing of the bill in September. Many mental health and disability groups have since come forward opposing the courts,, saying that the courts strips away the rights of anyone entering them and that the courts will actually worsen mental health as many aren’t going to be given the care level they need.  Many also oppose the courts as they essentially force social services on people and that it goes against the Constitution as Californians rights to choose housing and health treatments are essentially thrown away when under the court.

On Thursday, Disability Rights California, the Western Center on Law & Poverty, and the Public Interest Law Project filed a suit, Disability Rights California v. Newsom, challenging the Care Courts in the state Supreme Court. According to the filing, “The proposed solution is court orders that rob unhoused Californians of their autonomy to choose their own mental health treatment and housing and threatens their liberty. 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 Western Center on Law and Poverty senior attorney Helen Tran, who said in a statement on Thursday that “The CARE Act unnecessarily involves our court systems to force medical care and social services on people. We are opposed to this new system of coercion. The state’s resources should, instead, be directed at creating more affordable, permanent supportive housing and expanding our systems of care to allow everyone who needs help to quickly access them.”

With the Care Courts now in jeopardy, the Newsom lashed out against the lawsuit later on Thursday, writing off the groups concerns as them simply wanting to ‘delay progress’.

“There’s nothing compassionate about allowing individuals with severe, untreated mental health and substance use disorders to suffer in our alleyways, in our criminal justice system, or worse — face death,” said the Governor’s office on Thursday. “While some groups want to delay progress with arguments in favor of the failing status quo, the rest of us are dealing with the cold, hard reality that something must urgently be done to address this crisis.”

However, legal experts noted that Newsom and others may have a hard time defending their program in court.

“They’re going to have to prove that the Care Courts need to have many involuntary parts,” explained lawyer Brandon Gibbons to the Globe. “And that’s not to mention the court of public pinion, of whom many prefer to have a more nuanced approach and fill the needs of housing and medical care through personal choice. No one is saying don’t do anything about health care, but the question is if this program goes against people’s rights to achieve it. The Newsom administration really need to prep for this case.”

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