Disability Rights California Information on CARE Act (SB 1338, Umberg 2022)

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Jun 1, 2025

Disability Rights California Information on CARE Act (SB 1338, Umberg 2022)

DRC strongly opposes CARE Court because it is based on stigma and stereotypes of people living with mental health disabilities and experiencing homelessness and will disproportionately impact Black Californians, who make up 40% of the unhoused population, only furthering institutional racism. Implementing this new system will harmfully impact individuals with disabilities and particularly Black, Indigenous, Latinx, and LGBTQIA+ communities.

What is CARE Court?

In 2022, Governor Gavin Newsom signed SB 1338 (Umberg), creating the Community Assistance, Recovery, and Empowerment (CARE) Act, also known as CARE Court. This law allows certain third parties to petition a court to order people with Schizophrenia or other psychotic-spectrum disorders into treatment.

All counties in California were required to implement CARE Court starting December 1, 2024.

Why is CARE Court controversial?

Governor Newsom promoted CARE Court as part of his plan to address the high rates of houselessness in California. Disability Rights California (DRC), civil rights groups, peer groups, and other community-based organizations have raised major concerns about CARE Court, including that it would result in:

  • Falsely conflating homelessness and mental health disabilities
  • Eroding the civil rights of people with mental health disabilities
  • Ignoring root causes, like unaffordable housing and insufficient community-based mental health services
  • Disproportionate impacts on people of color
  • Funding a court process at the expense of investing in proven community-based mental health services
  • Burdening local governments with the high costs of implementation

What has DRC done to fight CARE Court?

Disability Rights California is firmly committed to fighting policies that take away the rights of people with disabilities, including CARE Court. We’ve used legislative advocacy, litigation, and community engagement to oppose CARE Court, raise awareness, and support impacted communities.

Legislative Advocacy

DRC urged lawmakers to reject SB 1338, including by submitting multiple letters of opposition, testifying in hearings, and helping lead grassroots advocacy efforts. We worked alongside more than 50 disability, civil rights, racial justice, and housing organizations to show broad opposition.

We continue to fight new legislation that would expand CARE Court and erode the rights of people subjected to CARE Court. This includes opposing SB 823 (Stern, 2025) and SB 27 (Umberg, 2025), which would expand eligibility for CARE Court.

Litigation

In 2023, DRC and co-counsel filed a petition in the California Supreme Court challenging the constitutionality of CARE Court.

Community Engagement

DRC has hosted town halls, webinars, and strategy sessions with the people most impacted by and fighting against CARE Court. We continue to provide:

  • Know Your Rights materials
  • Technical assistance to advocates across the country
  • Public education on the harms of coercive treatment models

How is CARE Court going so far?

CARE Court implementation has been criticized thus far for:

  • Low petition numbers
  • High costs
  • Racial disparities
  • Failure to provide adequate services

In response to media scrutiny, Governor Newsom has pushed legislation to expand who can be referred to CARE Court.

What are better solutions to homelessness and our mental health crises?

DRC strongly believes the solution to homelessness is to increase access to affordable housing. This approach is backed by decades of research.

Research and survey data show that people with mental health disabilities and substance use disorders who are unhoused need and want access to low-barrier, comprehensive, and culturally competent treatment services. Instead of expanding access to voluntary low-barrier outpatient services, CARE Court moves in the opposite direction by funding a convoluted court process that increases institutionalization.

Where can I learn more?

Press Releases & Advocacy Materials

News & Editorials

  • The New York Times, LA Times, KQED, The Frisc, Voice of OC, and more have covered CARE Court critically.
    See:
    • “The False Promise of CARE Court” – Los Angeles Times
    • “CARE Court is No Solution for Unhoused People” – Human Rights Watch

Know Your Rights Resources

What’s next?

DRC continues to monitor CARE Court implementation by speaking with those impacted and analyzing data. If you or someone you know has been impacted by CARE Court, please contact us at (800) 776-5746 to share your experiences.

Assembly Health Committee Testimony in Opposition of SB 1338 - Eric Harris, Director of Public Policy, DRC (video)

Articles related to SB 1338