Democratic Gov. Gavin Newsom created the new civil court process, called "CARE Court," as part of a massive push to address the homelessness crisis in California. Lawmakers approved it despite deep misgivings over insufficient housing and services, saying they needed to try something new to help those suffering in public from apparent psychotic breaks.
But as petitions roll in Monday, it’s not clear who the program might help nor how effective it will be. That’s because the eligibility criteria is narrow and limited largely to people with untreated schizophrenia and related disorders. Severe depression, bipolar disorder and addiction by itself do not qualify.
To be eligible, the person needs a diagnosis on the schizophrenia spectrum or other qualifying disorders. People with severe depression or bipolar disorder do not qualify. A person does not have to be homeless to be eligible. If all parties cannot agree to a voluntary plan, the statute says the court will order they work on a plan.Civil rights advocates have raised fears that the new process will result in vulnerable people being forced into treatment.
Veronica Kelley, Orange County behavioral health director, said the county’s judges understand building rapport with eligible candidates takes time and have agreed to grant her team extra time to reach voluntary agreements, despite the statute’s deadlines.The state has allocated money for emergency shelters but critics say there is a constant shortage of case managers, appropriate in-patient treatment facilities and supportive housing.
"The issue is not that these resources are available and people aren’t using them," said Samuel Jain, senior policy attorney at Disability Rights California. "It’s that these voluntary community-based services are under-resourced and not accessible."The National Alliance on Mental Illness in California, a grassroots organization supporting people with a mental illness and their families, pushed for the new mental health program.