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Adopt a resolution deferring implementation of Senate Bill (SB) 43, which significantly updates California's conservatorship laws under Lanterman-Petris-Short Act, until January 1, 2026
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Published Notice Required? Yes ___ No _X_
Public Hearing Required? Yes ___ No _X_
DEPARTMENTAL RECOMMENDATION:
The Department of Health and Social Services (H&SS) recommends that the Board of Supervisors adopt a resolution deferring implementation of Senate Bill (SB) 43, which significantly updates California's conservatorship laws under Lanterman-Petris-Short Act, until January 1, 2026.
SUMMARY:
Lanterman-Petris-Short (LPS) Act (Welfare and Institutions Code section 5100, et seq.) provides for the evaluation and treatment of a person who is gravely disabled, which is currently defined to mean a condition in which a person, as a result of a mental health disorder, is unable to provide for his or her basic personal needs for food, clothing, or shelter. As a result of SB 43, signed by the Governor on October 10, 2023, the definition of gravely disabled will expand to include a person who, as a result of a mental health disorder, a severe substance use disorder, or a co-occurring mental health disorder and a severe substance use disorder, or as a result of impairment by chronic alcoholism, is unable to provide for their basic personal needs for food, clothing, shelter, personal safety, or necessary medical care.
SB 43 makes several significant changes to the State's involuntary detention and conservatorship laws under the Lanterman-Petris-Short (LPS) Act and since this responsibility falls largely on counties, Solano County H&SS, mainly the Behavioral Health Division and the Public Guardian, will need to develop an extensive array of new policies, procedures, reporting, training, workforce, and treatment capacity such as substance use residential beds and services in order to implement these changes. SB 43 does not include dedicated State fundi...
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