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The conservatorship system in California has had numerous complaints of violations, collusion and theft of property, and a lax accountability. Now that program has been expanded.
The California conservatorship laws were originally established in 1968 under the auspices of care for those in a mental health crisis. It was an alternative to the abuse (physical & mental) of those committed to the state mental hospitals, as well as financial miscalculations of budgets. The Truth About Deinstitutionalization - The Atlantic
- 1955 Mental Health Study Act is passed by Congress
- Joint Commission on Mental Illness and Mental Health issues a report in 1961 leading to
- Community Mental Health Act of 1963 signed by President Kennedy, as part of an act to provide federal funding for community mental health centers and research facilities in the United States. This legislation was passed as part of John F. Kennedy's New Frontier Which also barred Medicaid from
- · Governor Reagan signed the bipartisan Lanterman-Petris-Short Act in 1967 to “end the inappropriate, indefinite, and involuntary commitment of persons with mental health disorders.” (Chapter 1667 of the 1967 California Statutes, codified as Cal. Welf & Inst. Code, sec. 5000 et seq.) regulates involuntary civil commitment to a mental health institution in the state of California.
- Governor Jerry Brown signed SB 1045 (Sen Scott Wiener) in September 2018.
- Los Angeles and San Diego lagged in passing thru County representatives. Leading many to question if the pilot program was targeted for San Francisco to implement
- By Nov 2019 no one in San Francisco had been sent to treatment. As homeless crisis grows, new law offers forced treatment for mental health, addiction - ABC7 Los Angeles
- SB 40 was passed to correct the errors of SB1045. It clarified the role of Assisted Outpatient Treatment by the addition of Temporary Conservatorship and reduction of the conservatorship time to six months
- Community Assistance, Recovery and Empowerment Act signed September 2022 by Governor Newsom California governor OKs mental health courts for homeless | AP News took effect on January 1, 2023. The CARE Act authorizes specified adult persons to petition a civil court to create a voluntary or court-ordered CARE agreement or plan for persons with untreated schizophrenia or other psychotic disorders. Adult Civil Mental Health (ca.gov)
- o “It would let family members, first responders and others ask a judge to draw up a treatment plan for someone diagnosed with certain disorders, including schizophrenia. Those who refuse could be placed under a conservatorship and ordered to comply.”
- Adult Civil Mental Health (ca.gov) September 30, 2023, SB 35 took effect and clarified requirements for the CARE Act process.
- When Will the Courts Implement?
- Only 7,000-12,000 Californians are estimated to meet CARE criteria CARE Act Eligibility Criteria
- Governor Newsom signed Senate Bill 43, October 2023, which goes into effect 1/1/2024 Bill Text - SB-43 Behavioral health. (ca.gov)
- o Under existing law, people may be eligible for a conservatorship if they have a serious mental illness that leaves them unable to secure food, clothing or shelter.
- Senate Bill 43 broadens eligibility to people who are unable to provide for their personal safety or necessary medical care. Modernizing Conservatorship Law to Better Help & Protect Californians Most in Need of Care | California Governor
- This bill 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, is, in addition to the basic personal needs described above, unable to provide for their personal safety or necessary medical care, as defined.
- § the inability for a person to provide for their personal safety or necessary medical care as a result of chronic alcoholism.
- The bill would authorize counties to defer implementation of these provisions to January 1, 2026, as specified.
- To the extent that this change increases the level of service required of county mental health departments, the bill would impose a state-mandated local program.
- Senate Bill 326 (Eggman, D – Stockton) and Assembly Bill 531 (Irwin, D – Thousand Oaks), are expected to go before voters on the March 2024 ballot, providing behavioral health transformation as
- More services for persons with the most serious behavioral health conditions
- treatment beds
- supportive housing
- new behavioral health workers
- 7 counties (Glenn, Orange, Riverside, San Diego, San Francisco, Stanislaus, Tuolumne) must implement by October 1, 2023.
- Los Angeles plans to implement by December 1, 2023.
- The remaining 50 counties must implement by December 1, 2024.
Mental hospitals warehoused the sick. Congress wants to let them try again. - POLITICO
The most recent and notable instance of the questionable application and abuse of the conservatorship program was unveiled by the very public court battle by Britanny Spears. However, proponents of the bill which Newsom signed, effective January 1, 2024, suggest her conservatorship, had different rules. However, that abuse of the intent of a conservatorship is exactly what many families have experienced with elderly being moved out of their home against their will and then personal and real estate property sold in that process. See part 2 of this story tomorrow.
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