To: Board of Supervisors
From: Family & Human Services Committee
Report Title: SB 326 Implementation
☐Recommendation of the County Administrator ☒ Recommendation of Board Committee
RECOMMENDATIONS:
ACCEPT a report on the implementation of SB 326 which requires the merging of the Mental Health Commission and the Alcohol and Other Drugs Advisory Board, ESTABLISH a 15-member Behavioral Health Board, and provide guidance, as recommended by the Health Services Department.
FISCAL IMPACT:
There is no fiscal impact for this action.
BACKGROUND:
Proposition 1, passed as a ballot measure in April 2024, included a bond measure for facilities and housing (Assembly Bill 531) and legislation mandating transformation of the public behavioral health system (Senate Bill 326: sections pertaining to the Behavioral Health Board).
Provisions of SB 326 included implementation of an integrated Behavioral Health Board by January 1, 2025. This integrated advisory body is to include designated members of the community prepared to address community mental health and substance use treatment services.
The mandated functions of the Behavioral Health Board include:
- Review and evaluate the local public mental health system
- Review and evaluate the local public substance use disorder treatment system
- Advise the governing body on community mental health and substance use disorder services
- Review and evaluate the community’s public behavioral health needs, services, facilities, and special problems where services are being provided
- Review county agreements
- Advise the governing body and the local behavioral health director
- Ensure citizen and professional involvement at all stages
- Submit an annual report
- Review and recommend appointment of the local director of behavioral health services
- Review and comment on county’s performance outcome date
- Assess the impact of the realignment of services
- Conduct a public hearing on the draft three-year program and expenditure plan and annual updates at the close of the 30-day comment period required by subdivision.
- Review adopted Behavioral Health Services Act plan and make recommendations to the local behavioral health agency.
- Provide an annual report of written explanations to the local governing body and Department of Health Care Services
Once formed, the Board is to develop bylaws that include at a minimum:
- A specific number of members
- Quorum be one person more than one-half of members
- Establish the chairperson of the behavioral health board in consultation with the local behavioral health director
- Establish that there may be an executive committee of the behavioral health board
Membership of the Board is to include:
-10 to 15 members:
• 50% consumers, or the parents, spouses, siblings, or adult children of consumers
- One of these members will be 25 years of age or younger
• 20% will be consumers
• 20% will be families of consumers
• One member will be a veteran or veteran advocate
• One member will be an employee of a local education agency
• One member of the governing body (the Board of Supervisors)
• Term of three years
• Appointments will be staggered
Exception of the Board is to include:
- Member of the board, or their spouse, shall not be a county employee of a county mental health or substance use disorder service, an employee of the State Department of Health Care Services (DHCS), or an employee, or paid member, of the governing board of a mental health or substance use disorder contract agency
- Exception: a consumer of behavioral health services who has obtained employment in any of the above and holds a position in which the consumer does not have an interest, influence, or authority over a financial or contractual matter shall abstain from voting on a financial or contractual issue concerning the member’s employer
It is proposed that Contra Costa County’s Behavioral Health Board members be appointed as follows:
- Board of Supervisor Member: 1 seat recommended by the Chair of the Board of Supervisors
- Consumer/Family member younger than 26: 1 seat as recommended by Behavioral Health Services to the Family and Human Services Committee
- Veteran or veteran Advocate: 1 seat as recommended by Behavioral Health Services to the Family and Human Services Committee
- Employee of a local education agency: 1 seat as recommended by Behavioral Health Services to the Family and Human Services Committee
- Consumer seat: 5 seats recommended by the Board of Supervisors
- Family Seat: 5 seats recommended by the Board of Supervisors
- At - large: 1 seat as recommended by Behavioral Health Services to the Family and Human Services Committee
CONSEQUENCE OF NEGATIVE ACTION:
The Health Services Department will not be able to implement a new Behavioral Health Board by January 1, 2025.