Shasta County has conserved its first client under Senate Bill 43, a new law that expands the criteria for conservatorship to include individuals with severe substance use disorder. The milestone represents the first time the county has been able to force an individual with severe substance use disorder into treatment, by using the courts to strip their legal right to refuse.
Background on SB 43
SB 43, which was passed by the state in 2023 and became active in Shasta County in 2026, allows for the conservatorship of individuals with severe substance use disorder. Previously, California law only allowed for the conservatorship of individuals who were found to be "gravely disabled" due to a serious mental illness.
The determination of grave disability is made through an investigation process carried out by the county and confirmed by the court. Once an individual is conserved, a county-appointed staffer takes control over their medical and financial decision making. Conservatorships are reassessed at least annually, and individuals who have significantly improved with treatment can be released from their conservatorships to handle their mental health and substance use issues independently again.
Challenges in Implementing SB 43
Enacting Shasta County's first SB 43 conservatorship was a highly complex process, according to a representative of the Health and Human Services Agency (HHSA). The process requires a scrupulous investigative process to determine someone is sick enough to take away their personal liberties, as well as finding a place for them to be treated against their will.
Genell Restivo, the HHSA Clinical Division Chief for Adult and Children's Services, noted that implementing SB 43 is not just about changing the law, but also requires the treatment system to evolve. "The availability of treatment programs that can appropriately serve those individuals has not expanded at the same pace," Restivo said.
There are a combination of challenges at play, including the lack of designated funding from the state and the difficulty in finding facilities that can accept individuals with acute medical needs, in addition to substance use disorder.
Original reporting: Shasta Scout (Redding) — read the source article.