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

Latest News
Dec 10, 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?

CARE Court is a California statewide court program that allows certain third parties to petition a court to order people with Schizophrenia, Bipolar I disorder with psychotic features, or other psychotic-spectrum disorders into treatment. It was created in 2022 when Governor Gavin Newsom signed SB 1338 (Umberg): the Community Assistance, Recovery, and Empowerment (CARE) Act and expanded in 2025 when Governor Newsom signed SB 27 (Umberg), which goes into effect on January 1, 2026. Some California counties began to pilot CARE Court in October 2023. All counties 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 homelessness in California. Disability Rights California (DRC), peer groups, civil rights groups, and other community-based organizations have raised major concerns about CARE Court, including that it:

  • Falsely conflates homelessness and mental health disabilities
  • Erodes the civil rights of people with mental health disabilities
  • Ignores root causes, like unaffordable housing and insufficient community-based mental health services
  • Disproportionately impacts people of color
  • Funds a court process at the expense of investing in proven community-based mental health services

What has DRC done about 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 and bills that would expand it, raise awareness about its ineffectiveness, and support impacted communities. Since CARE Court became law, we have been closely monitoring implementation.

How is CARE Court going so far?

CARE Court implementation has been criticized thus far for:

  • Failing to connect people with housing or adequate services
  • Disproportionately impacting Black, Indigenous, and people of color
  • Being “a very expensive way to coordinate (but not directly provide) important services” (06/28/25 California Assembly Judiciary: SB 27 Bill Analysis)
  • Being coercive – people brought into CARE Court who do not agree to participate “voluntarily” are ordered to participate

In response to media scrutiny, Governor Newsom has pushed legislation to expand who can be referred to CARE Court, including SB 27 this past legislative year.

CARE Court Implementation Reports

  • CARE Act Annual Report – July 2025, California Department of Health Care Services (DHCS)
  • CARE Act Implementation Update – July 2025, California Health & Human Services Agency (CalHHS)
  • CARE Act Early Implementation Report – November 2024, California Department of Health Care Services (DHCS)

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

Everyone needs a safe place to rest. The solution to homelessness is to increase access to affordable, accessible housing. This approach is backed by decades of research.

Everything is harder without a home. Multiple studies have shown that supportive housing – affordable housing plus voluntary, coordinated services – leads to improved health outcomes for people with mental health disabilities or substance use disorders.

Communities can, and many successfully have, put in place community-based services that meet the needs of everyone in the community. Research and data consistently shows that access to voluntary, peer-led, community-based, and culturally competent housing and supportive services leads to:

  • Increased trust and engagement with services, leading to improved health,
  • Reductions in emergency room visits, hospital admissions, unnecessary law enforcement interactions, and incarceration, and
  • Significant cost savings.

Where can I learn more?

DRC Know Your Rights Resources

DRC Advocacy Materials

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 CARE Courts

The New York Times, LA Times, KQED, The Frisc, Voice of OC, and more have covered CARE Court critically.