County program could ease conservatorship process for some people with severe mental illness, addiction
San Diego Union-TribuneNov 10, 2019
Because of its strict requirements, they program isn't expect to apply to many people. However, some concerns already have been raised about how it would affect the civil rights of people with mental health issues, although none of those concerns were voiced when the
The supervisors' vote directed the county to develop a pilot program as outlined by SB 40 and report back with recommendations for implementing it within one year.
In
The bill is focused on helping a small percentage of homeless people so deeply affected by addiction or mental issues that they cannot make their own decisions responsibly. In certain cases, a judge can appoint a guardian or protector as a conservator for six months to make choices for the person that could lead to housing and treatment.
The new program identifies specific reasons why a person may be placed under a conservator, while existing law requires people to be gravely disabled, defined in part as being in danger of seriously harming themselves.
"We will utilize every available tool to address the issues of behavioral health and homelessness," Fletcher said in advance of the board's vote in support of the program, which was passed without discussion on the consent calendar.
Fletcher said the county hopes to build a regional, coordinated, integrated behavioral health system that prevents people from needing a conservator, but the new program could be helpful until then.
"Our ultimate success as a region should be judged on keeping people out of that situation, but in the interim we will utilize every option that can provide help to those most in need," he said.
There is a high bar for eligibility in the program under the bill, which requires people to have been diagnosed with serious mental illness and substance-use disorder. They also must have had at least eight involuntary psychiatric hospitalizations under state Welfare and Institutions code 5150 over 12 months.
"I just want to make sure that any measure that's adopted is one that's compassionate and not a matter of criminalizing the issue," he said. "The core challenge is, these individuals out on the street can't help themselves. We need to make sure there is a balance where we don't take away civil rights, but we compassionately and effectively address those issue."
The bill amends similar bill signed by Gov.
Under Laura's Law in
Because of those restrictions, an analysis of SB 1045 in
Only
About two dozen people, including representatives of the
The
Homeless advocate
"You have to have either institutionalized care or assisted living care. somebody who knows these populations and has training with these folks," he said about the need facing some people on the street.
Homeless advocate
"I think the execution is what's going to be super important," he said. "I'm on the fence about whether we should implement laws like this or not. We haven't tried hard enough to house these folks, and now we're going to say we failed. But if we do this, I certainly support the very conservative, narrow definition of who it applies to."
"The actual idea of it is great," she said before quickly adding that more resources for mental health patients are needed statewide for the program to be effective.
She also has criticized for the program for taking a punitive rather than medical approach to mental health by requiring 5150 holds for people.
"We're criminalizing neurological illness in order to get treatment," she said.
Vargas said the move is a step in the right direction in helping a specific population get off the street.
"This is a serious issue we have as a society," he said. "As a society, I think we're not doing enough to care for those individuals."
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