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CARE Act goes into effect in San Diego County

The program starting Oct. 1 aims to give people with severe mental health disorders the support and care they need.

SAN DIEGO — A program geared toward aiding people with severe mental health disorders starts Sunday, Oct. 1 in San Diego County. The Care Act, standing for Community Assistance, Recovery and Empowerment, will provide a new way for services and care to be issued to clients in the region.

Here's how it works:

  • A first responder, family member or friend can file a petition with San Diego Superior Court on behalf of anyone they feel is suffering from a severe mental illness. 
  • The Superior Court will decide if the petition meets the criteria. If so, the case will be passed to County Behavioral Health Services for investigation. 
  • The person undergoes a mental health evaluation within two weeks to determine whether a CARE case is needed. 
  • If one is needed, County DHS will collaborate with the Superior Court to create a CARE Plan. 
  • If the plan is approved by the Superior Court, the person will be connected to services, including behavioral health treatment, stabilization medication, a housing plan, and other supports as needed.

Nora Vargas, Chair of San Diego County Board of Supervisors, is in favor of the program. 

"It is our priority of ours to build a system that connects people to give the care that they need," she said.

Director of Behavioral Health Services for San Diego County Dr. Luke Bergmann said the services are restricted for certain people.

"This is a program that has a pretty specific and narrow focus; schizophrenia spectrum disorders and other psychotic disorders," Bergmann said. 

The County of San Diego Health and Human Services agency wrote to CBS 8:

"The CARE Act Program can involve an order for care in civil court, but this order is not a mandate for care. Engagement remains voluntary, at its core."

Superior Court Judge Kimberlee Lagotta said people are not mandated to participate.

The program is voluntary, the case plan is voluntary and it's our job as the court team to engage and encourage involvement," she said.

After judges, who have been trained in mental health practices, make a decision on the CARE plan, they begin a year long process with 60-day reviews to go over the process.

"Our court will strive to make CARE Court a success," Lagotta said.

CARE Act recipients will also be assigned an attorney from the County's Public Defender Office to make sure their rights are protected, according to Chief Deputy Public Defender Richard Gates.

"If a person resists, then that is their choice," Gates said, "and we will honor their choice."

Gates also pointed out that that this new CARE Court pilot program has completely different legal requirements from legal conservatorship.

"It is not strong arming someone into a decision," he said. "It's treating them like a human being, listening to them, engaging with them." 

"We don't view this as a stepping stone from CARE Court to conservatorship," Gates added. "They are total separate processes."


For more information about CARE Court as well as the forms you need to fill out, click here.

WATCH RELATED: CARE Act Program launches in San Diego next week

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