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Newsom's CARE Court challenged in court by disability, civil rights groups

Newsom's CARE Court challenged in court by disability, civil rights groups
THIS PROGRAM COULD HAVE HELPED DAUGHTER. >> ELIZABETH HAS BEEN ON A 12 YEAR JOURNEY TRYING TO GET AND KEEP HER DAUGHTER CONNECTED WITH MENTAL HEALTH SERVICES SHE NEEDED, STARTING WHEN SHE WAS IN COLLEGE. >> DURING HER SENIOR YEAR THE STRESSORS BUILT-UP. SHE ENDED UP HAVING A PSYCHOTIC BREAK. THE DIAGNOSIS WAS SCHIZOAFFECTIVE DISORDER. DESPITE HER BEST EFFORTS TO SUPPORT HER DAUGHTER SHE HAS RUN INTO STUMBLING BLOCKS WITH GETTING THE LEVEL OF CARE SHE NEEDED, LEAVING HER NO CHOICE BUT TO LET CHRISTINE GO OUT ON THE STREETS. >> WE WERE TOLD TO HER FACE THAT WE CAN SEE SHE’S GRAVELY DISABLED BUT BECAUSE SHE’S UNDER YOUR ROOF, AND SHE HAS FOOD AVAILABLE, WE CANNOT SAY SHE IS GRAVELY DISABLED. HE WILL HAVE TO PUT HER ON THE STREET. IN ORDER FOR US TO TAKE HER TO TREATMENT. >> THAT’S WHY SHE THINKS THE COMMUNITY ASSISTANCE RECOVERY AND EMPOWERMENT PROGRAM WILL HELP. THE LEGISLATION WOULD ALLOW JUDGES TO ORDER SOME OF THE MOST SEVERELY MENTALLY ILL INTO TREATMENT. IT WOULD REQUIRE COUNTIES TO PROVIDE SERVICES FOR THEM. GROUPS LIKE WESTERN REGIONAL ADVOCACY PROJECT OPPOSE THE BILL. >> THIS IS GOING TO BE USED TO INTIMIDATE AND HARASS ON HOUSE PEOPLE LIVING. VERY VIOLENT AND TRAUMATIC EVICTIONS. WE KNOW THAT LOOKS LIKE DESTRUCTION AND LOSS OF PROPERTY. >> SEEING PIECES OF THE PUZZLE ARE ACCOUNTED FOR. >> FAR FROM THE SOLUTION. SO MANY PEOPLE WILL BE WRONGFULLY CONCERNED. SO MANY PEOPLE WILL HAVE TO ENDURE THE TRAUMA AND THE VIOLATION OF FORCE TREATMENT. >> FOR HOPPER WHO HAS LIVED WITHOUT SUCH A PROGRAM SHE IS HOPEFUL KNOWING IT WILL BE PART OF CALIFORNIA’S PLAN TO ADDRESS THE NEEDS OF ITS SUN HOUSE POPULATION. >> ONCE HER BRAIN WAS NOT INTERRUPTED BY THE MENTAL ILLNESS AND SHE HAD MORE ACCESS TO HER CRITICAL THINKING, SHE WOULD BE ENGAGED AND -- ENGAGED IN MAKING HE
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Newsom's CARE Court challenged in court by disability, civil rights groups
Multiple disability and civil rights groups have asked the California Supreme Court to block Gov. Gavin Newsom's plan that could force severely mentally ill, unhoused people into court-ordered mental health treatment. Disability Rights California (DRC), Western Center on Law & Poverty and The Public Interest Law Project filed the lawsuit on Thursday, challenging the constitutionality of the plan known as the CARE Act, or CARE Court. The measure is expected to set up new judicial branches across the state by the end of 2024. In a statement, the coalition said the new law strips Californians with disabilities of fundamental rights protected by the California Constitution and subjects them to a court process that violates their due process rights. "This will bring Californians with disabilities into court under an alarming new legal standard – whether there is the likelihood of a person’s mental health condition deteriorating or relapsing. Current legal standards do not allow for courts to speculate into a person’s future mental health condition," the statement read. The lawsuit won't come as a surprise to state lawmakers and Newsom. Shortly after signing the measure in September, the governor was asked for his response to the likelihood the law would face legal challenges. "That's exhausting," the governor said. "I think their point of view has been well advanced for a half-century in the state of California. It's what you see on the streets and sidewalks." VIDEO BELOW | Gov. Newsom signs CARE Court legislationA statement from the governor's office reads: “The Governor – along with the majority of Californians – are beyond frustrated by the conditions seen daily on our streets. There’s nothing compassionate about allowing individuals with severe, untreated mental health and substance use disorders to suffer in our alleyways, in our criminal justice system, or worse – face death. While some groups want to delay progress with arguments in favor of the failing status quo, the rest of us are dealing with the cold, hard reality that something must urgently be done to address this crisis. People are dying – we need to do better. Eight communities are preparing to launch this new process this year and blocking those efforts would needlessly extend the suffering of those who desperately need our help. California is leading with our values and creating a new paradigm to deliver the assistance, recovery, and empowerment that people deserve.”State Sen. Tom Umberg, the author of the bill, also sent a statement to KCRA 3 that reads: “I have every confidence in the development and upcoming implementation of CARE Court in California,” said author and Senate Judiciary Committee Chairman, Senator Thomas J. Umberg (D-Santa Ana). “The purpose of CARE Courts is to provide a structure with accountability to ensure that those who have been unreachable in society are given the very best opportunity to become well and productive. I understand and empathize with the concerns raised thus far. But what I do know, deep down, is that there is no humanity or due process in the current state of affairs with homelessness and mental health. CARE Court represents a big idea and a holistic approach to this complicated crisis.”

Multiple disability and civil rights groups have asked the California Supreme Court to block Gov. Gavin Newsom's plan that could force severely mentally ill, unhoused people into court-ordered mental health treatment.

Disability Rights California (DRC), Western Center on Law & Poverty and The Public Interest Law Project filed the lawsuit on Thursday, challenging the constitutionality of the plan known as the CARE Act, or CARE Court. The measure is expected to set up new judicial branches across the state by the end of 2024.

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In a statement, the coalition said the new law strips Californians with disabilities of fundamental rights protected by the California Constitution and subjects them to a court process that violates their due process rights.

"This will bring Californians with disabilities into court under an alarming new legal standard – whether there is the likelihood of a person’s mental health condition deteriorating or relapsing. Current legal standards do not allow for courts to speculate into a person’s future mental health condition," the statement read.

The lawsuit won't come as a surprise to state lawmakers and Newsom. Shortly after signing the measure in September, the governor was asked for his response to the likelihood the law would face legal challenges.

"That's exhausting," the governor said. "I think their point of view has been well advanced for a half-century in the state of California. It's what you see on the streets and sidewalks."

VIDEO BELOW | Gov. Newsom signs CARE Court legislation

A statement from the governor's office reads:

“The Governor – along with the majority of Californians – are beyond frustrated by the conditions seen daily on our streets. There’s nothing compassionate about allowing individuals with severe, untreated mental health and substance use disorders to suffer in our alleyways, in our criminal justice system, or worse – face death. While some groups want to delay progress with arguments in favor of the failing status quo, the rest of us are dealing with the cold, hard reality that something must urgently be done to address this crisis. People are dying – we need to do better. Eight communities are preparing to launch this new process this year and blocking those efforts would needlessly extend the suffering of those who desperately need our help. California is leading with our values and creating a new paradigm to deliver the assistance, recovery, and empowerment that people deserve.”

State Sen. Tom Umberg, the author of the bill, also sent a statement to KCRA 3 that reads:

“I have every confidence in the development and upcoming implementation of CARE Court in California,” said author and Senate Judiciary Committee Chairman, Senator Thomas J. Umberg (D-Santa Ana). “The purpose of CARE Courts is to provide a structure with accountability to ensure that those who have been unreachable in society are given the very best opportunity to become well and productive. I understand and empathize with the concerns raised thus far. But what I do know, deep down, is that there is no humanity or due process in the current state of affairs with homelessness and mental health. CARE Court represents a big idea and a holistic approach to this complicated crisis.”