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Health Care & Hospital Law,
Government

Feb. 13, 2023

AG says challenge to CARE Act mischaracterizes law

“CARE plans are limited to outpatient care; they cannot include involuntary commitment orders or other forms of compulsory custodial institutionalization, and the scheme is designed to avoid institutionalization either through [Lanterman-Petris-Short Act] proceedings or criminal detention,” the attorney general argued.

Attorney General Rob Bonta asked the state Supreme Court to deny a challenge to the CARE Act on Friday, stating arguments by advocacy group Disability Rights California that the program harms participants are misunderstandings and mischaracterizations of the new law.

“If the alarming assertions about the CARE Act made by petitioner Disability Rights California were correct, intervention in mandamus might well be warranted,” read the prel...

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