On September 14, 2022, Governor Newsom signed into law the CARE (Community Assistance, Recover, and Empowerment) Act with the goal of aiding the mentally ill or those with a substance use disorder by providing a route out of the cycle of hospitalization, homelessness and incarceration faced by many on the streets. Families, clinicians, first responders and others would be able to refer an individual to a network of CARE Courts at the county level where a plan would be developed with an individual to address their needs, and help them to obtain housing and avoid incarceration.

Riverside County will become one of the first 7 counties to enact this law. Riverside county plans to have CARE Courts up and running by October 1, 2023. All counties must establish their own court by October 1, 2024. After that, any counties not in compliance will be fined $1000 per day. This has proved to be one of the most controversial aspects of the new law as many counties are expressing fear that they may not be given enough funding from the state to put all the required resources into place. However, California does plan to use existing funds earmarked to address homelessness and mental health and has authorized an additional $88.3 billion in CARE Court start-up funds.

Riverside mayor Patricia Lock Dawson supports the Care Act, stating; “The compassionate thing is not to leave people on the street unable to look after themselves.” However, Human Rights Watch and the ACLU have both spoken strongly against the coercive element of the act which they fear could erode progress in disability rights and lead to persons of color being disproportionately forced into treatment against their will.

The court ordered “CARE plans” will provide mental health and addiction services, including stabilizing medications, therapy, social services, and housing in the community. Plans are initially for a 12-month period with the option of renewal for an additional 12 months and subsequent support on an as-needed basis. Ideally, each person will have a full-support team consisting of clinicians, family, an attorney, and volunteer peer-support specialists to assist the individual in making their own choices where possible.

The Care Courts would work alongside but not replace two government programs currently in place. One of those programs is a Mental Health Court which is offered to offenders with a mental illness who would otherwise be facing incarceration. Participation is voluntary and includes mental health assessments and an individualized treatment plan subject to judicial monitoring. This program has shown success in reducing re-arrests and effectively balancing the needs of the individual with public safety as many of the unhoused mentally ill are subject to arrests for ‘nuisance’ crimes such as loitering, camping without permission, disturbing the peace, etc. An individual facing a criminal charge could avoid incarceration by completing their treatment plan. The new Care Courts differ in that an individual does not need to be arrested to have a case opened and the referral is not dependent on court authorities.

The other program currently in place is a type of conservatorship most often used for the treatment of the mentally ill, or gravely-disabled, known as a Lantermann-Petris-Short Conservatorship (W & I 5350-5371). “Persons found to be gravely disabled who may be a danger to themselves or others and require hospitalization in a psychiatric facility. An LPS conservancy requires the annual reappointment of a conservator and allows for the conservatee to be placed in a locked psychiatric facility.” Those able to be released after a standard 72-hour hospitalization period without a conservatorship are often left on their own to find medication and follow-up services that are rarely easily obtainable.

While participation in the Care Court or mental health court is voluntary, a conservatorship is court ordered. Conservatorship would remain an alternative for those unable to complete their ‘care plan’.

The Riverside County Law library provides many helpful guides to the court and conservatorship processes. Copies of the laws are available digitally or in print at the library. By going online to the Riverside County Law Library, you can find a research guide about the conservatorship process. Those with a specific reference question can ask our helpful library staff or call our Indio branch to ask about scheduling a free 20-minute consultation through our “lawyers in the library program.”

Written by: Laura