To: Board of Supervisors
From: Behavioral Health
Meeting Date: December 19, 2023
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Department Contact: |
Jenine Miller, Psy.D. |
Phone: |
707-472-2341 |
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Item Type: Consent Agenda |
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Time Allocated for Item: N/A |
Agenda Title:
title
Adoption of Resolution Authorizing Mendocino County to Defer Implementation of Senate Bill 43, Specific to the Definition of “Gravely Disabled” Under the Lanterman-Petris-Short Act, until January 1, 2026
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Recommended Action/Motion:
recommendation
Adopt Resolution authorizing Mendocino County to defer implementation of Senate Bill 43, specific to the definition of “gravely disabled” under the Lanterman-Petris-Short Act, until January 1, 2026; and authorize Chair to sign same.
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Previous Board/Board Committee Actions:
N/A
Summary of Request:
The existing law, Lanterman-Petris-Short Act (LPS), (Welfare and Institutions Code section 5100, et seq.), includes, in part, provisions addressing the involuntary detention and treatment of a person who is a danger to themselves or others or who is gravely disabled, and for purposes of conservatorship, defines “gravely disabled”, in pertinent part, as a condition in which a person, as a result of a mental health disorder, is unable to provide for their basic personal needs for food, clothing, or shelter. Senate Bill (SB) 43 (2023-2024 Reg. Session), Statutes 2023, Chapter 637 (SB 43), signed by the Governor on October 10, 2023, effective January 1, 2024, includes a provision which expands the definition of “gravely disabled” to include the inability to provide for a person’s “personal safety or necessary medical care”.
SB 43, effective January 1, 2024, also includes a provision which expands the definition of “gravely disabled” to include a condition in which a person, as a result of 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 and the responsibility for administering the LPS system falls largely with counties.
SB 43’s expansion of the definition of grave disability will require a significant effort in building and expanding the treatment, workforce, delivery networks, housing capacity and models for locked treatment settings or models of care for involuntary substance use disorder (SUD) treatment to successfully meet the conservatorship needs of the population. The expansion of the definition of grave disability to include severe SUD will also require the creation of new and novel treatment capacity such as locked SUD treatment facilities, which do not currently exist in California; and SB 43 will increase the demand for and caseload of county public conservators, Patients’ Rights Advocates, county behavioral health staff, County Counsel, and Public Defender’s offices.
SB 43, pursuant to Welfare and Institutions Code section 5008(h)(4), counties are authorized, through the adoption of a resolution by its governing body, to defer implementation of the expanded definition of “gravely disabled” from January 1, 2024, until January 1, 2026.
Alternative Action/Motion:
Return to staff for alternative handling.
Does This Item Support the General Plan? N/A
Strategic Plan Priority Designation: A Safe and Healthy County
Supervisorial District: All
vote requirement: Majority
Supplemental Information Available Online At: N/A
Fiscal Details:
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source of funding: N/A |
budgeted in current f/y: N/A |
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current f/y cost: N/A |
if no, please describe: |
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annual recurring cost: N/A |
revenue agreement: N/A |
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budget clarification: N/A |
Agreement/Resolution/Ordinance Approved by County Counsel: Yes
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CEO Liaison: Tony Rakes, Acting Deputy CEO |
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CEO Review: Yes |
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CEO Comments:
FOR COB USE ONLY
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Executed By: Atlas Pearson, Senior Deputy Clerk |
Final Status: Adopted |
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Date: December 19, 2023 |
Executed Item Type: Resolution Number: 23-193 |
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