In the first few months of operation, the vast majority of people who have petitioned the state’s new CARE Court to get someone mental health help are qualifying in San Diego County, judicial officials said Friday, but it’s been challenging connecting with those who need the assistance.
The program — created with last year’s passage of the Community Assistance, Recover and Empowerment Act, or CARE Act — began Oct. 2 and gives families and a host of others the ability to petition a judge in the hopes of getting someone into court-ordered mental health treatment. CARE Court will initially focus on people with schizophrenia and related disorders and is designed to hold both the counties that provide mental health services and the people participating accountable.
San Diego was one of seven California counties that helped kick-start the program, with Los Angeles County joining the effort in December. These first few regions have served as a model for the rest of the state’s counties, which must have a new court up and running by December 2024.
In an update given to the state’s Judicial Council on Friday, San Diego Superior Court Judge Kimberlee Lagotta said about 70 CARE Court petitions had been filed locally. Only three involving individuals without a qualifying diagnosis were dismissed, she said.
However, Lagotta added that county officials had encountered difficulties while attempting to locate, assess and engage the people qualifying for care. She said county Behavioral Health Services and homeless outreach teams have been working together to locate and build relationships with those named in the petitions in an effort to encourage engagement with the process.
Of the petitions, 15 people have been set up with a treatment plan complete with services and other forms of support called a CARE Agreement. Lagotta said some had declined to participate in the program but that those people were still provided with referrals for services.
Court officials also released information about the people petitioning San Diego’s newest court for the first time Friday. Most of the 69 petitioners — 42 — were spouses or family members. First responders filed 14 petitions, licensed behavioral health professionals submitted six, a director of a hospital filed four and another three came from public guardians or conservators.
Superior Court Judge Ebrahim Bayteih said Orange County also saw many petitions from family members, who filed nearly half of the 45 petitions his county had received. But another 13 were filed by the person with the mental health condition — a finding Bayteih called surprising. He added the people who filed on their own behalf are all in custody on unrelated criminal charges.
“From my perspective, the big lesson to learn is not underestimating the desire of somebody suffering from this horrendous illness when they’re going through the criminal justice system to not want to go through it again,” Bayteih said.
In their update on Friday, both judges emphasized the importance of working with community stakeholders while supporting the new program and taking the time that’s needed to build relationships with those who could benefit.
The passage of the CARE Act — which led to the creation of CARE Court — was viewed by many as one of the most significant changes to California’s mental health system in 50 years. But in the months leading up to the program’s launch, concern and confusion mounted.
Local officials reiterated often that the program was completely voluntary, a sinking declaration for some families who felt their loved ones would benefit most from mandatory treatment.
Conversely, disability rights advocates argued CARE Court is not only coercive, thrusting care upon people who didn’t ask for help, but widens a doorway that could lead to people being detained against their will. This is of particular concern to them since Gov. Gavin Newsom recently signed into law Senate Bill 43, which expands the criteria for detention, treatment and conservatorship of people with serious mental illnesses.
Despite these headwinds, the first few counties to launch the program have continued to work on bringing the system to life.
On Friday, Lagotta re-affirmed the region’s commitment to CARE Court and laid out a few new goals, which included providing more information about success stories in an effort to increase trust in the program and bolster outreach to South and East County communities to encourage participation in those regions.
