Senate Bill 43

Senate Bill 43 Overview
Senate Bill 43 (SB43) makes changes to the Lanterman-Petris Short (LPS) Act – a California law governing involuntary detention, treatment, and conservatorship of people with behavioral health conditions.

This new statute significantly updates California’s civil detention and conservatorship laws for the first time in more than 50 years by establishing new diagnostic criteria and expanding the definition of “grave disability.” The criteria by which people may be civilly detained under the LPS Act includes:

• Danger to self,
• Danger to others, or
• Grave disability.

This bill was originally signed in 2023 but allowed counties to delay implementation of these new definitions until January 1st, 2026.

Understanding SB 43 changes
As of January 1st, 2024, SB 43 expands the definition of “grave disability” criteria under the Lanterman-Petris Short Act for the involuntary detentions to include:

• People with mental health disorders, severe substance use disorders, or co-occurring mental health disorder and severe substance use disorder, 
• And, who are unable to provide for their basic needs for food OR clothing OR  shelter OR access to necessary medical care OR personal safety.

Previous Definition
A condition in which a person, as a result of a mental health disorder, is unable to provide for his or her basic personal needs for food, clothing, or shelter.

New Definition effective 1/1/2026
A condition in which a person, as a result of a mental health disorder, a severe substance use disorder, or a co-occurring mental health disorder and a severe substance use disorder, is unable to provide for their basic personal needs for food, clothing, shelter, personal safety, or necessary medical care.

Definitions of terms according to the law:

• Severe Substance Use Disorder: Severity of Substance Use Disorder is measured through Statistical Manual of Mental Disorders (DSM-5) based on the number of symptoms present of a total of eleven (11) criteria.  Out of the eleven criteria, a person would be considered “severe” substance use disorder when meets six symptoms or more.
• Personal Safety: The ability of one to survive safely in community without involuntary detention or treatment.
• Necessary Medical Care: A licensed Health Care practitioner determines to be necessary to prevent serious deterioration of an existing medical condition which is likely to result in serious bodily injury if left untreated.

Note: the new definition only applies to adults.

Resources:
Senate Bill 43
BHIN 24-011
Lanterman-Petris Short Act
CA Welfare and Institutions Code (WIC)