Hopes and fears as CARE Court charges forward

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Hopes and fears as CARE Court charges forward
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Critics with intimate experience in California and San Francisco’s mental health systems will be paying close attention as the CARECourt plan rolls out.

Californians desperate for solutions to the visible misery of homeless and mentally ill residents on city sidewalks are awaiting Gov. Gavin Newsom’s signature for an all-new branch of the judicial system called Community Assistance, Recovery and Empowerment Court, or CARE Court.

Things have changed in many ways since the nearly four years Henriques spent under conservatorship, a legal proceeding in which a judge appoints a family member or public guardian to care for another adult, including overseeing their housing, health and financial decision-making. Many of the state hospitals with the inhumane conditions Henriques experienced have changed or closed altogether following a policy shift in 1967 when state lawmakers passed the Lanterman–Petris–Short or LPS Act that overhauled California’s involuntary treatment and conservatorship laws.

Once a referral is filed, the court reviews the petition to determine if a respondent meets the criteria for CARE Court. If not, the case is dismissed. If the petition is not dismissed, the court orders the county to investigate and submit a written report within 10 days with a determination as to whether the respondent meets, or is likely to meet, CARE criteria.

A total of $63 million will be distributed across local governments and behavioral health departments to initiate the program. Authors of the bill estimate about 12,000 Californians could be appropriate candidates for CARE Court.

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