Gov. Gavin Newsom
By MADISON HIRNEISEN
THE CENTER SQUARE STAFF REPORTER
(The Center Square) — Legislation sponsored by Gov. Gavin Newsom that would allow courts to order treatment plans for individuals suffering from severe mental health disorders cleared its first legislative hurdle Tuesday.
The bill, passed by the Senate Judiciary Committee Tuesday, would create the Community Assistance, Recovery and Empowerment Act, which creates a new procedure in civil courts — “CARE Courts” — to implement court-ordered treatment plans for Californians with schizophrenia or other psychotic disorders.
Supporters of the bill said Tuesday that CARE Court would serve between 7,000 and 12,000 Californians suffering from psychotic disorders, many of whom are experiencing homelessness. Opponents, however, warn that the bill could force individuals into treatment and strip away civil liberties without due process of law.
Opponents of the CARE Court framework questioned Tuesday whether compelling individuals on the schizophrenia and psychotic spectrum is the best way to approach treatment. Opponents also had questions about the prioritization of housing in CARE Court plans since the bill states that “the court may not order the county to provide housing.”
“We don’t believe that forced care works well for people with mental health disabilities, and we don’t feel that there’s a good evidence base to support it,” Andy Imperato, the executive director at Disability Rights of California, told lawmakers. “I heard Sen. Umberg say this proposal does not involve forced care, so the question that we have in opposition is, ‘How do you have a court-ordered care plan without force?’ ”
The bill is also opposed by the American Civil Liberties Union and the Western Center on Law and Poverty, who said in a letter earlier this month that the bill would strip away a participant’s personal liberties and freedoms and exacerbate racial disparities, the Los Angeles Times reported.
Sen. Umberg said Tuesday that under the bill, the participants “cannot be forced to participate,” and the bill does not create a path to arrest since it is handled in a civil court and not a criminal court.
“Due process is protected. Self-determination is supported,” Sen. Umberg said.
Health and Human Services Secretary Mark Ghaly described the CARE Court proposal as a “paradigm shift” by moving beyond the framework of the 1960s, saying the plan “puts the person at the center” and “does not depend on confinement.”
“Today can be, and I believe will be, a historic day, a historic beginning,” Dr. Ghaly told lawmakers. “The fierce, scrutinizing face of history will, I hope, judge today as a day where California moved deeper down a road of compassion and care.”
Madison Hirneisen covers California for The Center Square.
