Newsom Signs Mental Health Bill Expanding Definition For Conservatorship In California

Governor Gavin Newsom signed Senate Bill 43, which updates California's custody laws for the first time in more than 50 years.

The new law, authored by Susan Eggman (D-Stockton), updates the definition of guardianship to include people who are unable to provide for their own personal safety or medical care due to serious substance use disorders or mental illness. severe mental.

The bill emerged from a decade-long battle to amend the Lanterman-Petris-Short Act (LPS Act) when Ronald Reagan was governor. Under the LPS Act, a person can be held against their will if they are "severely disabled" or pose a danger to themselves or others.

Proponents of SB 43 argued that the LPS law was inadequate and often resulted in criminalization and incarceration instead of treatment.

"(The LPS Act) established strong and important civil rights protections to ensure that individual rights are protected," Eggman said. “Like many things that are decades old, it is time to make some changes to the law to reflect the realities we see on our roads today.

California lawmakers have been working to overhaul the state's mental health system to better treat those who pose a danger to themselves and others.

"The mental health crisis affects us all, and the people who need help the most are often overlooked," Newsom said. "We are committed to ensuring that no one is left behind and that people get the help they need and the respect they deserve."

What is guardianship?

Treatment options for a person with severe mental illness who refuses treatment are limited in California.

Eggman, a clinical social worker, has worked to increase the number of counties that offer supervised outpatient treatment and improve overall programs for those most in need.

Some districts have adopted Laura's Law: comprehensive court-ordered support. According to the Treatment Advocacy Center, Laura's Law patients must have a serious mental illness and a recent history of psychiatric hospitalizations, prison terms, and threats or attempts of serious violent behavior toward themselves or others.

Tulare County has voluntary, court-ordered treatments, such as: Such as mental health court, mental health diversion, substance abuse treatment and court-ordered recovery, and a safe community team (ACT) . ACT works with patients who have not been able to benefit from voluntary outpatient services. Case managers assist patients with medications, self-care, individual therapy, group therapy, and rehabilitation skills.

However, most forms of treatment require a person to receive and receive services.

For many families, foster care is the only way to provide long-term, life-saving care for their loved ones.

Guardianship is a form of treatment that is only used for people who suffer from a mental disorder so severe that their basic needs cannot be met. These individuals may also pose a threat to public safety.

This form of treatment is used to break the cycle of repeated arrests, psychiatric admissions, homelessness and even death. The aim is to get a person into treatment so they can self-manage their mental health and end care.

The process begins when the county mental health department asks the court to appoint a third party, often a family member, to direct the person's care for a limited period of time. Family members cannot initiate psychiatric care.

Pursuant to SB 43, a custody investigation is conducted to ensure that all available alternatives to custody are unsuitable for the patient. The investigator then submits his report to the court for review. The report includes the medical, psychological, financial, family, professional and social condition of the patient. It also includes information from family members, close friends, social workers or therapists.

The judge will then make a decision.

A detained patient loses the legal authority to make medical, financial and accommodation decisions. This practice is viewed by some mental health professionals and disability rights advocates as restrictive and disempowering.

However, the due process protections provided in the LPS Act remain in effect under SB 43.

The person for whom guardianship is sought has the right to request a trial before a court or jury to determine whether he or she is "severely disabled." SB 43 requires the person to demonstrate that they can safely survive without being forced to go to a treatment facility.

Protection usually lasts up to six months, but can be extended up to two years. Patients are often housed in state psychiatric institutions where their medication is monitored. Instructions are also provided but not required.

What impact will SB 43 have on mass transit?

Tulare County behavioral health staff said they have been monitoring the bill's progress.

"We understand and support the need to provide a higher level of care for people with substance use disorders and other mental health issues, as provided for in this bill," said Dr. Natalie Bolin, Tulare County Director of Mental Health.

The agency already provides services to this population through its mobile crisis and forensic Safe Community Treatment (FACT) teams. This form of treatment preserves the patient's civil liberties whenever possible and provides comprehensive community services and resources.

The agency also hired a team of forensic psychologists.

Even with these programs and the addition of behavioral health professionals, the need for psychiatric beds is expected to be greatest in the northern and southern San Joaquin Valley, according to a 2021 RAND report on the capacity, need and shortage of adult psychiatric beds. in California. .

Bolin said his office has seen an increase in eviction and custody cases in recent years. LPS currently serves 135 clients in Tulare County.

Many people referred for foster care suffer from isolated or co-occurring substance use disorders and other mental health issues, Bolin said.

"With this new legislation, we will continue to look for opportunities to expand our services by working with local and state partners to address widespread housing shortages and provide higher-level care facilities, such as: B "Mental health rehabilitation, counseling and support centers" and in-patient psychiatric hospitals, he said.

Tulare County Behavioral Health is working to improve local options for placement in tertiary care facilities. The district added expanded counseling and support services in Visalia (formerly known as Casa Grande) and a residential crisis center in Tulare (Jackson House).

SB 43 also requires counties to provide the state Department of Health with data on local foster care, including the number of individuals referred to mental health facilities, the number of foster homes placed in the county and patient outcomes.

The California Department of Public Health will post this information on its website.

The law could be implemented starting in January, but under SB 43, provinces have the option to extend implementation until January 2026.

This article originally appeared in the Victorville Daily Press: Newsom signs mental health bill expanding definition of foster care

Marjorie Taylor Greene remained silent during the trial