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File #: 23-1833    Version: 1
Type: Resolution Status: Agenda Ready
File created: 10/26/2023 In control: Board of Supervisors
On agenda: 12/5/2023 Final action:
Title: Director of Health and Human Services Agency (HHSA) requests adoption of a Resolution to defer implementation of Senate Bill (SB) 43 to January 1, 2026, as allowed by law.
Sponsors: Board of Supervisors
Attachments: 1. Resolution
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TO: Board of Supervisors
FROM: Jennifer Yasumoto, Director of Health and Human Services Agency
REPORT BY: Summer Isham, Contracts Supervisor
SUBJECT: Adoption of a Resolution to Delay Implementation of Senate Bill 43


RECOMMENDATION
title
Director of Health and Human Services Agency (HHSA) requests adoption of a Resolution to defer implementation of Senate Bill (SB) 43 to January 1, 2026, as allowed by law.
body

EXECUTIVE SUMMARY
Approval of this Resolution will allow the County the time needed to develop the infrastructure and continuum of care, programming, and resources to provide for appropriate services and treatment required by SB 43.

FISCAL & STRATEGIC PLAN IMPACT
Is there a Fiscal Impact?
No
County Strategic Plan pillar addressed:
Healthy, Safe, and Welcoming Place to Live, Work, and Visit

ENVIRONMENTAL IMPACT
ENVIRONMENTAL DETERMINATION: The proposed action is not a project as defined by 14 California Code of Regulations 15378 (State CEQA Guidelines) and therefore CEQA is not applicable.

BACKGROUND AND DISCUSSION
On October 10, 2013, SB 43 was enacted, effective on January 1, 2024, to expand the definition of "gravely disabled" under the Lanterman-Petris-Short (LPS) Act. This bill reflects significant changes to California's conservatorship laws for the first time in more than 50 years and is effective less than three months after its passage. The new definition expands the population who can be placed on an involuntary psychiatric hold or LPS conservatorship by now allowing for the involuntary detention and conservatorship of individuals on the basis of a standalone severe substance use disorder (SUD) (i.e., without a mental health diagnosis), or a co-occurring mental health disorder and SUD disorder, in addition to the existing inability to provide for basic personal needs as a result of a mental health disorder.
A significant implementation issue for Napa County, and the overwhelming majority of counties in California, is the lack of infrastr...

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