Sometimes caring means taking action. And for many of our severely disabled neighbors, that time is now.
California families and communities are facing the devastating effects of the mental health and addiction crisis. Many of us see people every day suffering on the streets and in need of advocacy and treatment options. Fortunately, California lawmakers have embarked on a major overhaul of our mental health system and have provided tools that Santa Clara County can use.
October, Governor Gavin Newsom Signs Senate Bill 43 This is the first major amendment to California’s Lanterman-Petris-Short (LPS) conservatorship law in more than 50 years, expanding its ability to protect and assist vulnerable residents. The updated law would help county mental health departments petition courts to appoint guardians to direct the care and treatment of people who are unable to care for themselves.
Before the passage of SB 43, conservatorship was available only to people with severe mental illnesses who were unable to meet their basic personal needs of food, clothing, and shelter. But we still see people languishing in arrest and incarceration, in psychiatric hospitals, homelessness, and often untimely death.
SB 43 aims to fix this loophole. This expands the meaning of “severely disabled” to include people who are unable to protect themselves or provide necessary medical care. The updated law also expands coverage to include substance use disorders and chronic alcohol dependence, and no longer requires co-occurring mental health disorders.
In addition to the continued due process protections provided by the LPS Act, there will be increased transparency over data, fairness, and outcomes. In other words, SB 43 catches up with the 21st century and addresses the realities we see in our streets today.
Severe mental illness and substance use disorders have far-reaching effects on families, friends, schools, and community members. They are the cause of homelessness and prolonged living on the streets. SB 43 will help reach a small portion of the homeless population who are refusing assistance and are rapidly dwindling on the streets.
Although many residents accept voluntary services, a small number of residents do not have access to recurring services, even when facing acute crisis. Helping those who cannot help themselves is a caring and responsible approach.
SB 43 will go into effect in 2024, but counties can delay implementation to 2026. I urge Santa Clara County leaders to implement this new law without delay. People living with severe disabilities and their families cannot wait.
I have spoken with many residents and they agree that we need to do more to help people with severe, untreated mental health and substance use disorders. Residents are frustrated because it’s clear more needs to be done. However, many people are left without support because current guardianship laws are not responsive to today’s needs. Thanks to SB 43, we have the ability and responsibility as a county to take advantage of this opportunity.
SB 43 is supported by major city mayors from across California, including San Jose Mayor Matt Mahan, the California National Alliance on Mental Illness (NAMI), and major organizations representing mental health professionals. These experts agree that too many people are currently in crisis. SB 43 helps change that.
It is simply not compassionate to allow people with severe disabilities, who are most at risk of harming themselves, to suffer when they have the tools to provide them with the support and respect they deserve. there is no. I urge county leaders to join Governor Newsom, mayors, mental health advocates, and experts in implementing SB 43 without delay.
Madison Nguyen is a former San Jose Vice Mayor and City Council member. She is a candidate for Santa Clara County District 2 Board of Supervisors.
