SAN FRANCISCO — An alternative mental health court program aimed at quickly getting people with untreated schizophrenia and other mental disorders into housing and medical care, sometimes without their consent, was announced Monday. , which began in seven California counties, including San Francisco.
Democratic Gov. Gavin Newsom has created a new civil court process called the CARE Court as part of a larger effort to address California’s homelessness crisis. Lawmakers approved it, saying something needed to be tried despite deep concerns about housing and service shortages. A new attempt to help people suffering in public due to obvious mental illness.
Families of people diagnosed with severe mental illness are delighted that new legislation will allow them to apply to court for treatment for their loved ones. Dismayed by California’s estimated 171,000 homeless people, residents cheered at the prospect of helping and removing them from the streets.
Critics charged that the new program was ineffective and punitive, given its potential to force people into treatment.
But as petitions poured in Monday, it’s unclear who the program will help or how effective it will be. That’s because eligibility criteria are narrow and primarily limited to people with untreated schizophrenia and related disorders. Severe depression, bipolar disorder, and addiction are not covered by themselves.
San Francisco Superior Court Judge Michael Begert, who oversees the court, said, “While we hope to help some people in need, we believe that it will likely have a significant impact on the conditions observed in the community.” Probably not,” he said.
Here’s what you need to know about the new system.
What is a “care” coat? Who is it for?
California Health and Human Services Secretary Dr. Mark Ghaley said at a news conference last week that the program is aimed at catching people before their symptoms worsen.
Family members and first responders can now file petitions on behalf of adults whose condition is rapidly deteriorating and who are considered “unlikely to survive safely” without supervision. Adults may also file a petition if they need preventive services or assistance. Recurrence or worsening that is likely to cause “serious injury or serious harm” to self or others.
To qualify, you must have a diagnosis on the schizophrenia spectrum or other qualifying disorder. People with severe depression or bipolar disorder are not eligible. You don’t have to be homeless to qualify.
Each county’s Special Civil Court will review each claim with the county’s Department of Behavioral Health to assess eligibility. Individuals will be assigned a lawyer and support person of their choice.
If the court determines that an individual meets eligibility criteria, they will be required to work with the county on a voluntary plan that includes housing, medication, counseling and other social services. The agreement will be valid for up to one year, but may be extended for another year.
According to the law, if all parties cannot agree on a voluntary plan, the court will order the plan to be undertaken.
What happens in the case of parsing?
would you like to join?
Civil rights activists have expressed concern that the new process will force vulnerable people into treatment.
San Francisco Deputy Public Defender Tal Clement, one of the critics of the new process, said those who fail to successfully complete the plan could be subject to conservatorship or involuntary treatment.
However, the law also allows courts to dismiss proceedings if individuals refuse to participate or do not comply with the agreement. Judge Begart in San Francisco said you can’t force someone to get involved. The best thing he can do is start building a relationship with the person.
Orange County Behavioral Health Director Veronica Kelly said the county’s judges understand it takes time to build trust with qualified candidates and are willing to enter into voluntary agreements despite the ordinance’s deadline. He said he agreed to give them additional time to reach the deadline.
Are there enough homes, treatment beds, and support?
The state allocates funds to emergency shelters, but critics say there is always a shortage of case managers, adequate inpatient treatment facilities and supportive housing.
San Francisco officials said in a statement that about 10% of the city’s more than 2,500 beds are available for new patients. Treatment beds range from detox to step-down care for those leaving long-term care.
Opponents of the plan say the state should have invested more in housing and existing services rather than creating a new court system.
“The problem is not that these resources are available and people aren’t taking advantage of them,” said Samuel Jain, senior policy attorney for Disability Rights California. “These voluntary community-based services are under-resourced and unavailable.”
What if the person is not eligible for care?
California’s National Alliance on Mental Illness, a grassroots organization that supports people with mental illness and their families, has promoted a new mental health program. The organization says some families have long wanted a way to order treatment for their loved ones.
Jessica Cruz, the group’s CEO, encouraged people not to give up even if their family doesn’t qualify, as other resources may be available.
“For us, it’s about making sure our loved ones have the best life possible,” she said. “Living on the streets and dying on the streets is no way for anyone to live.”
Which counties accept petitions?
San Francisco, Orange, San Diego, Riverside, Stanislaus, Tuolumne and Glenn counties launched the new program on Monday. Los Angeles County will begin the program on December 1st.
The state estimates that approximately 1,800 to 3,100 people could qualify in the first seven counties. The city of Los Angeles could raise its estimate from 3,600 to 6,200 people, but penetration could take time.
The rest of the state must have mental health courts in place by December 2024.
