The Brief

A highly anticipated — and controversial — new program, championed by Gov. Gavin Newsom, will begin in Los Angeles County on Dec. 1. It’s called CARE Court and will allow family members to ask a judge to step in with a treatment plan for loved ones living with severe and untreated mental illness.

The basics of CARE Court: People living with a serious and untreated mental illness, like schizophrenia, could be referred for a court-ordered, voluntary care plan that could last up to two years. The petition could be filed by people including county behavioral health workers, first responders or family members.

“I would have had my petition by the first day,” Mike Estrada said from his home in Berkeley.

A feeling that the process is ‘a constant slap in the face’ 

For years, Estrada struggled to get help for his mother, Josie Estrada, who lived with schizoaffective disorder. The experience exasperated him so much that in 2020 he produced a one-hour documentary on her story, Benevolent Neglect.

The film is sprinkled with grainy family footage and stills of Josie’s life in California’s Central Valley. Estrada points out that his mother was “adored by the family.”

The documentary also includes videos shot on Estrada’s cellphone during some of Josie’s more difficult moments.

“In 2007, my mom began experiencing hallucinations. During acute episodes, she’d hear people inside the house,” Estrada tells the camera.

Estrada said the voices would tell his mother not to take her psychiatric medications. For more than a year, Josie lived out of her car after her erratic behavior got her evicted from her apartment. Time and time again, Estrada would plead with first responders to hospitalize her.

Often the people who were supposed to help would be hamstrung by a lack of psychiatric beds and what Estrada sees as overly strict criteria for hospitalizing someone against their will.

“As a family it’s just a constant slap in the face. Constant disrespect. In the meantime, our loved one is suffering, deteriorating before our eyes,” Estrada said.

His mother died in 2019, but he’s hopeful CARE Court will give families like his more leverage to get help.

Gov. Gavin Newsom speaking in March 2022 with local mental health service providers and officials about CARE Court.

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Robert Garrova / LAist

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Officials report an ‘unprecedented demand’ 

There are concerns, however, about whether the county’s behavioral health care system will have enough staff to meet the need.

In June, L.A. County supervisors voted to expedite hiring for CARE Court.

“In order to meet a variety of our expectations, including CARE Court — we’re focused on setting up the court infrastructure — the point is the judge will have to have a place to send that individual,” Supervisor Holly Mitchell said during the board meeting.

“I think the supervisors were right to be concerned about what kind of infrastructure is in place,” Dr. Lisa Wong, director of the L.A. County Department of Mental Health, told LAist.

“We’ve been having this unprecedented demand for mental health services in our system, so we know that the system is stretched. And we know that with CARE Court, we’re going to be working with some really high acuity individuals,” Wong added.

Wong said hiring has improved this year, but it’s still a major stress point as the county works to bring thousands more behavioral health beds online. And, Wong points out, the initial petition is just the beginning.

“What happens when that person has to go into treatment and how do we keep them engaged?” she said.

Defense attorneys' role

Some of that help will come from the new Independent Defense Counsel Office, which is separate from but administered by the Public Defender’s Office.

A new panel of about 50 specially selected attorneys will work with an estimated 1,900 respondents within the first six months of CARE Court.

“It will not only be there to represent the client’s legal interests and protect their civil liberties, but also to serve as a facilitator and an encourager and a supporter throughout the treatment program,” said Marco Saenz, Independent Defense Counsel program director.

He said those lawyers might encourage respondents to follow through with treatment, but they’ll also work to hold the behavioral health system accountable in providing services.

But the success of CARE Court will ultimately hinge on the participant

“Under the statute, the respondent can walk away at any time,” Saenz told LAist. “It’s completely voluntary. How that will work, we will see.”

Coercion or voluntary? 

CARE Court may be voluntary, but civil liberties groups continue to warn about stripping of individual rights.

If the care plan fails, the person could be hospitalized or referred to a conservatorship. That could mean forced treatment down the line.

Some 40 groups including JusticeLA, Disability Rights California and ACLU California Action signed a letter in 2022 opposing CARE Court. It reads, in part, that the plan is: “a system of coerced, court-ordered treatment that strips people with mental health disabilities of their right to make their own decisions about their lives.”

Mike Estrada would have been OK with conservatorship for his mother.

“I wanted her to have some chance of building her life back. And there was no way it was going to happen without her being stabilized,” Estrada said.

Mike and Josie Estrada.

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Courtest Mike Estrada

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There are also continued concerns about whether the public guardians’ offices throughout the state will be able to handle the potential increased conservatorship caseload. Public guardians' offices are responsible for guiding care for people who are deemed unable to do so themselves because of a serious mental illness.

“Everybody keeps saying, ‘We need facilities, we need facilities, there’s no room at the inn.’ And that’s true. If you talk to my members throughout the state, they are struggling to find placements,” said Tom Scott, executive director of the California State Association of Public Administrators, Public Guardians, Public Conservators.

What's next

As CARE Court continues to roll out across the state, Estrada wants families like his to be allowed input in the process. And he wants to see counties held accountable for making it work.

Some counties, including San Diego, San Francisco and Orange County have a head start on L.A., because their CARE Court efforts launched in October.

According to California Health and Human Services, as of early November, there were a total of 80 CARE Court petitions statewide.

Saenz said the case volume in some places outside of L.A. County has been lower than what was anticipated.

But as a nearly 30-year veteran public defender who has represented “innumerous” clients living with mental illness, Saenz said he’s holding out hope that CARE Court will be able to help a population that is not generally reached.

“It’s another tool in our toolbox, and to the extent that we’re participants in it ... we’re going to be there to be supportive in any way we can,” Saenz said.

“But time will tell.”

The U.S. Department of Justice has attempted to use a number of tactics in recent weeks to remove California voters they say are likely noncitizens from state voter rolls — despite the voting process having already begun.

Election security experts told LAist, however, that the federal government’s case is unlikely to succeed, and that voters should proceed filling out their ballots as normal.

“I don't think most people in the L.A. area or beyond will actually encounter any of the disruption that the administration is trying to project,” Loyola Law School professor Justin Levitt said.

The backstory

Last week, Department of Justice election officials sent a list of 20,000 California voters it says it has “high confidence” are not citizens. (L.A. County election officials said they received records on a thumb drive, which they could not open for security reasons.) Two days later, the Trump administration sued California for not complying with its request to use the list to remove any noncitizens from local voter rolls.

California on Tuesday filed an extensive response to the DOJ lawsuit, saying it “borders on the absurd.”

Separately this week, the DOJ announced it had filed charges against 28 people, accusing them of registering to vote as noncitizens.

What is the DOJ claiming?

DOJ representatives said Monday they are attempting to keep U.S. citizens’ votes from being canceled out by noncitizens.

“We have an election coming up next month,” Bill Essayli, first assistant U.S. attorney, said. “Our biggest priority is to safeguard the integrity of the election.”

Essayli suggested he may prosecute election officials who knowingly process ballots “once we’ve informed them who the non-citizens are” and indicated the DOJ is working on “many more cases.”

Regarding the list sent to state and local officials, DOJ officials also said they have “high confidence” — not complete certainty — that the people on the federal government’s list are noncitizens.

“There may be some names on there who it turns out ultimately are citizens,” Trent McCotter, acting deputy attorney general, said Monday. “We're not perfect, and that's why we've asked California to cooperate with us.”

In a court declaration filed today, L.A. County Assistant Registrar Monica Flores said the DOJ’s list is “unreliable.” Analyzing a sample of 200 records, she said a majority are not active voters, and nearly 40% of the records indicate the individual was born in the U.S.

The L.A. County registrar of voters said officials here did not comply with the request to use the federal list and began coordinating with state officials — a point DOJ officials stressed on Monday, with McCotter saying this is “an emergency of their own [California’s] creation.”

Rick Hasen, a UCLA law professor who runs the school’s Safeguarding Democracy Project, disagreed.

“The federal government didn't produce its list of voters or its methodology to California until just a few days ago, so this is not an emergency of California's own making,” Hasen said. “It is not the federal government's job to decide who is on voting rolls. That is a job that is given to states.”

A DOJ spokesperson declined to comment for this article beyond pointing to Essayli’s X social media feed.

What role will local election officials play?

In large part, Hasen and Levitt said officials will play the same role that they always have, even though more eyes will be on them. County election officials send out ballots, process and verify signatures, and reach out to voters if there are any outstanding issues. The registrar then has 13 days to report on ballots to the state, including provisional ballots and same-day registration ballots, and 30 days to finish counting them.

That said, Hasen said Essayli’s threat of possible criminal prosecution against election officials is “really dangerous” — even though he said these cases are also unlikely to succeed.

“We've got a threat of criminal prosecution against election administrators for not being aggressive enough in policing voting rolls to the Trump administration's liking,” Hasen said. “Even if they were negligent in how they policed their voting rolls, there's no criminal liability here.”

What should voters do?

Levitt, who previously worked on voting rights at the Justice Department, said he doesn’t think Trump’s DOJ is serious about the legal merits of their lawsuit against California.

“I can completely understand that people may be freaked out,” he said. “Part of what DOJ is doing is an attempt to freak people out.”

For their part, local officials have reassured voters that they should proceed to cast their ballots. In a statement, L.A. County Supervisor Janice Hahn called the DOJ’s actions “voter intimidation and a blatant attempt to undermine trust in our midterm elections.”

Levitt recommended voting as early as possible to give voters time to check their registration and resolve any issues. If you have concerns, he recommended visiting an early voting center in person.

Hasen encouraged voters to double-check the status of their ballots to ensure they’ve been processed and counted.

“We have very good ballot tracking,” Hasen said. “California is not going to simply start throwing out ballots from people who are on an unvetted federal list of supposed noncitizen voters.”

What’s the future of this lawsuit?

Hasen and Levitt said the legal problems with the federal government’s arguments can be traced back to federal law and the Constitution.

“The Constitution gives states the power to run elections subject to Congress passing laws that can override that,” Hasen said. “There's no congressional override that would give the federal government the authority to do this.”

That makes the DOJ’s case unlikely to succeed, the professors agreed.

“It's possible that a court might not even really deal with it at all,” Levitt said.

What about the people accused of voting fraud?

The charges announced this week against 28 people accused of registering or voting as noncitizens, however, may be more successful, depending on the evidence presented in each case.

“Isolated cases of alleged voter fraud occur in red and blue states alike, and they should be prosecuted wherever they occur,” a spokesperson for California Attorney General Rob Bonta said in a statement.

But Bonta noted that the 28 people charged represent 0.0001% of California’s registered voters. The percentage is about the same in L.A. County: The 12 L.A. County residents charged this week make up roughly 0.0002% of people on the voter rolls.

The Los Angeles Unified School District is preparing for possible “Super El Niño” storms that could damage schools and lead to closures, the district announced in a media release Tuesday.

District staff are clearing drains, trimming trees and checking roofs, windows and doors. LAUSD is also testing emergency equipment, including pumps and emergency lighting systems, and stocking supplies such as flashlights and drinking water.

“Preparing for severe weather starts well before the first raindrop,” Superintendent Andrés Chait said in a statement. “We can’t control the weather, but we can take steps now to protect our students and employees and help our schools stay ready.”

The district will monitor weather patterns using information from the National Weather Service and local emergency officials, it said.

LAUSD encouraged families to update their contact information to ensure they receive district calls, texts and emails. Families should also monitor weather alerts, follow emergency officials’ instructions, avoid flooded roads and review safe routes to and from school, according to the release.

“Preparing for a storm is a shared effort — from the crews maintaining school buildings to the principals reviewing emergency plans and the families making sure they can receive critical updates,” LAUSD said in the release. “By taking these steps before the rain begins, Los Angeles Unified is working to help students and employees stay safe and keep school communities as prepared as possible for the winter ahead.”

Southern California is likely in for a solid dose of rain this week, just days after heat and Santa Ana winds helped fuel several wildfires across the region.

Forecasters expect the bulk of the rain to roll into the Los Angeles basin Wednesday night and continue into Thursday morning, with a small chance of thunderstorms and hail.

The San Fernando Valley, San Gabriel Valley and coastal areas across L.A. and Orange counties could get around an inch over the next few days. Hills and mountains could get up to 3 inches.

“We could see some pretty high rain rates,” said National Weather Service meteorologist Mike Wofford. “It's a good storm for this time of year — it's a little stronger than what we would see normally.”

The possibility of significant rain in the mountains raises concerns about flooding in areas recently burned in wildfires, particularly around the Bryson Fire burn scar near Malibu, which is only a few days old. Burn scars can’t absorb heavy rainfall and are susceptible to landslides.

The National Weather Service has issued a flood watch for the Santa Monica Mountains and surrounding communities from Wednesday afternoon through Thursday. That means heavy rain there could flood streets, creeks and rivers. The flood watch area includes both the Bryson Fire and Palisades Fire burn scars.

This will also be the first nontropical storm of the season, meaning it’s moving into the region from the north. Most storms that hit Southern California follow a similar path, especially during the winter, unlike the tropical storms that formed off the coast of Mexico and brought muggy weather to the region this summer.

Nontropical storms also bring cold air to the region. On Wednesday and Thursday, forecasters expect highs in the 60s and 70s. High elevations will be even cooler.