Bill Text: CA AB1595 | 2013-2014 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: State Council on Developmental Disabilities.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2014-09-18 - Chaptered by Secretary of State - Chapter 409, Statutes of 2014. [AB1595 Detail]
Download: California-2013-AB1595-Amended.html
Bill Title: State Council on Developmental Disabilities.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2014-09-18 - Chaptered by Secretary of State - Chapter 409, Statutes of 2014. [AB1595 Detail]
Download: California-2013-AB1595-Amended.html
BILL NUMBER: AB 1595 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 21, 2014
AMENDED IN ASSEMBLY MARCH 28, 2014
INTRODUCED BY Assembly Member Chesbro
FEBRUARY 3, 2014
An act to amend Sections 4433, 4433.5, 4474.1, 4478, 4520, 4521,
and 4525, 4530, 4535, 4540 , 4544,
4545, 4547, 4550, 4552, 4561, 4562, 4563, 4564, 4565, 4566, 4626,
4628, 4629, 4635, 4640.6, 4646, 4646.5, 4648, 4649, 4650, 4659, 4662,
4669.2, 4677, 4685.8, 4701, 4702.6, 4705, 4775, 4830, 4831, 4832,
and 4835 of, to amend the heading of Article 3 (commencing with
Section 4530) of, to amend the heading of Article 6 (commencing with
Section 4543) of, to amend the heading of Article 7 (commencing with
Section 4550) of, Chapter 2 of Division 4.5 of, to repeal Sections
4543 and 4560 of , and to repeal and add
Sections 4546, 4548, 4551, and 4553 of, the Welfare and
Institutions Code, relating to developmental services.
LEGISLATIVE COUNSEL'S DIGEST
AB 1595, as amended, Chesbro. State Council on Developmental
Disabilities.
Existing federal law, the Developmental Disabilities Assistance
and Bill of Rights Act of 2000, provides federal funds to assist the
state in planning, coordinating, monitoring, and evaluating services
for persons with developmental disabilities and in establishing a
system to protect and advocate the legal and civil rights of persons
with developmental disabilities.
Existing law establishes the State Council on Developmental
Disabilities to, among other things, serve as the state planning
council responsible for developing the California Developmental
Disabilities State Plan and monitoring and evaluating the
implementation of the plan. Existing law requires the council to
conduct activities related to meeting the objectives of the state
plan. Existing law requires these activities to include,
among other things, supporting and conducting technical assistance
activities to assist public and private entities to contribute to the
objectives of the state plan, and authorizes the activitie
s to include, among other things, supporting and conducting
activities to assist neighborhoods and communities to respond
positively to individuals with disabilities and their families.
This bill would revise the activities the council is authorized to
do to include, among other things, encouraging and assisting in the
establishment or strengthening of self-advocacy organizations led by
individuals with developmental disabilities and appoint an authorized
representative for persons with developmental disabilities, as
specified. The bill would make additional changes relating to the
activities of the council.
Existing
Existing law requires the Governor to appoint 31 voting
members to the council, including one member who is a
parent, immediate relative, guardian, or conservator of a resident of
a developmental center. 13 members from
the area boards and 7 members at large. Existing law requires the
Governor, prior to appointing specified council members,
to request and consider recommendations from organizations
representing, or providing services to, or both, persons with
developmental disabilities. Existing law also limits the term of
those members to 3 years.
This bill would instead require 20 members of the council to be
nonagency members who reflect the socioeconomic, geographic,
disability, racial, ethnic, and language diversity of the state, and
who shall be persons with a developmental disability, or their
parents, immediate relatives, guardians, or conservators residing in
California, as specified. The bill would additionally require the
Governor to consult with the current members of the council prior to
appointing specified members and would require those members to serve
no more than 2 terms.
Existing
Existing law also establishes the area boards on
developmental disabilities to, among other things, conduct the local
advocacy, capacity building, and systemic change activities required
by the federal Developmental Disabilities Assistance and Bill of
Rights Act of 2000, and to assist the council on implementing
provisions of the act. Existing law requires area boards to
locally assist the state council with the implementation of specified
federal provisions and provides for the composition of area boards.
This bill would instead require the Governor to appoint a person
with developmental disabilities who is a current or former resident
of an institution or his or her immediate relative, guardian, or
conservator and would require the council to conduct advocacy,
capacity building, and systemic change activities, as specified. The
bill would make additional changes relating to the term of membership
on the council.
This bill would revise and recast the area boards as regional
offices or the regional advisory committees of the regional offices,
and transfer certain existing duties of the area boards to the
regional offices or the regional advisory committees. The bill would
require the regional advisory committees to advise the state council
and its regional office on local issues and to identify and provide
input regarding local systemic needs within its community. The bill
would also transfer other certain duties of the area boards to the
state council, including, among others, the duty to conduct the
local, advocacy, capacity building, and systemic change activities
required by the federal Developmental Disabilities Assistance and
Bill of Rights Act of 2000. The bill would make conforming changes.
Existing law requires the state council chairperson to appoint an
executive director and to appoint an executive director for each area
board, as specified. Existing law requires the state council to have
responsibility for the selection, hiring, and supervision of all
state council personnel.
This bill would instead require the executive director to appoint
a director for each regional office and would instead require the
state council, through its executive director, to have responsibility
for the selection, hiring, and supervision of all state council
personnel.
Existing law establishes the State Department of Developmental
Services and sets forth its powers and duties, including, but not
limited to, the administration of state developmental centers and the
administration and oversight of community programs providing
services to consumers with developmental disabilities and their
families. Existing law authorizes the department to contract with the
council for the purpose of utilizing area boards to provide clients'
rights advocacy services to individuals with developmental
disabilities who reside in developmental centers and state hospitals.
This bill would instead authorize the department to contract with
the council to provide clients' rights advocacy services to
individuals with developmental disabilities who reside in
developmental centers. The bill would make other conforming changes.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares the following:
(a) The State Council on Developmental Disabilities engages in
advocacy, capacity building, and systems change activities so that
individuals with developmental disabilities and their families are
assisted by a comprehensive system of services and supports to
achieve self-determination, independence, productivity, and inclusion
in all aspects of community life.
(b) The council is funded through an appropriation governed by the
federal Developmental Disabilities Assistance and Bill of Rights Act
of 2000 (Public Law 106-402)(42 U.S.C. 15001 et seq.).
SEC. 2. Section 4433 of the Welfare and Institutions Code is
amended to read:
4433. (a) The Legislature finds and declares all of the
following:
(1) The State of California accepts its responsibility to ensure
and uphold the rights of persons with developmental disabilities and
an obligation to ensure that laws, regulations, and policies on the
rights of persons with developmental disabilities are observed and
protected.
(2) Persons with developmental disabilities are vulnerable to
abuse, neglect, and deprivations of their rights.
(3) Clients' rights advocacy services provided by the regional
centers, the advocacy services currently provided by the department
at the state hospitals, and the services provided by the department's
Office of Human Rights may have conflicts of interest,
interest or the appearance of a conflict of
interest.
(4) The services provided to individuals with developmental
disabilities and their families are of such a special and unique
nature that they cannot satisfactorily be provided by state agencies
or regional centers and must be contracted out pursuant to paragraph
(3) of subdivision (b) of Section 19130 of the Government Code.
(b) (1) To avoid the potential for a conflict of interest or the
appearance of a conflict of interest, beginning January 1, 1998, the
department shall contract for clients' rights advocacy services. The
department shall solicit a single statewide contract with a nonprofit
agency that results in at least three responsive bids that meet all
of the criteria specified in paragraph (2) to perform the services
specified in subdivision (d). If three responsive bids are not
received, the department may rebid the contract on a regional basis,
not to exceed three regional contracts and one contract for
developmental centers and headquarters.
(2) Any contractor selected shall meet the following requirements:
(A) The contractor can demonstrate the capability to provide
statewide advocacy services to individuals with developmental
disabilities living in developmental centers and in the community.
(B) The contractor does not directly or indirectly provide
services to individuals with developmental disabilities, except
advocacy services.
(C) The contractor has knowledge of the service system,
entitlements, and service rights of persons receiving services from
regional centers and in state hospitals.
(D) The contractor can demonstrate the capability of coordinating
services with the protection and advocacy agency specified in
Division 4.7 (commencing with Section 4900).
(E) The contractor has not provided any services, except advocacy
services, to, or been employed by, any regional center or the
Association of Regional Center Agencies during the two-year period
prior to the effective date of the contract.
(c) For the purposes of this section, the Legislature further
finds and declares that because of a potential conflict of interest
or the appearance of a conflict of interest, the goals and purposes
of the regional center clients' rights advocacy services, the state
hospitals, and the services of the Office of Human Rights, cannot be
accomplished through the utilization of persons selected pursuant to
the regular civil service system, nor can the services be provided
through the department's contracts with regional centers.
Accordingly, contracts into which the department enters pursuant to
this section are permitted and authorized by paragraphs (3) and (5)
of subdivision (b) of Section 19130 of the Government Code.
(d) The contractor shall do all of the following:
(1) Provide clients' rights advocacy services to persons with
developmental disabilities who are consumers of regional centers and
to individuals who reside in the state developmental centers and
hospitals, including ensuring the rights of persons with
developmental disabilities, and assisting persons with developmental
disabilities in pursuing administrative and legal remedies.
(2) Investigate and take action as appropriate and necessary to
resolve complaints from, or concerning persons with,
with developmental disabilities residing in
licensed health and community care facilities regarding abuse, and
unreasonable denial, or punitive withholding, of rights guaranteed
under this division.
(3) Provide consultation, technical assistance, supervision and
training, and support services for clients' rights advocates that
were previously the responsibility of the Office of Human Rights.
(4) Coordinate the provision of clients' rights advocacy services
in consultation with the department, stakeholder organizations, and
persons with developmental disabilities and their families
representing California's multicultural diversity.
(5) Provide at least two self-advocacy trainings for consumers and
family members.
(e) In order to ensure that individuals with developmental
disabilities have access to high quality advocacy services, the
contractor shall establish a grievance procedure and shall advise
persons receiving services under the contract of the availability of
other advocacy services, including the services provided by the
protection and advocacy agency specified in Division 4.7 (commencing
with Section 4900).
(f) The department shall contract on a multiyear basis for a
contract term of up to five years, subject to the annual
appropriation of funds by the Legislature.
(g) This section shall not prohibit the department and the
regional centers from advocating for the rights, including the right
to generic services, of persons with developmental disabilities.
SEC. 3. Section 4433.5 of the Welfare and Institutions Code is
amended to read:
4433.5. Notwithstanding Section 4433, the department may contract
with the State Council on Developmental Disabilities for the purpose
of providing clients' rights advocacy services to individuals with
developmental disabilities who reside in developmental centers.
SEC. 4. Section 4474.1 of the Welfare and Institutions Code is
amended to read:
4474.1. (a) Whenever the State Department of Developmental
Services proposes the closure of a state developmental center, the
department shall be required to submit a detailed plan to the
Legislature not later than April 1 immediately prior to the fiscal
year in which the plan is to be implemented, and as a part of the
Governor's proposed budget. A plan submitted to the Legislature
pursuant to this section, including any modifications made pursuant
to subdivision (b), shall not be implemented without the approval of
the Legislature.
(b) A plan submitted on or before April 1 immediately prior to the
fiscal year in which the plan is to be implemented may be
subsequently modified during the legislative review process.
(c) Prior to submission of the plan to the Legislature, the
department shall solicit input from the State Council on
Developmental Disabilities, the Association of Regional Center
Agencies, the protection and advocacy agency specified in Section
4901, the local regional center, consumers living in the
developmental center, parents, family members, guardians, and
conservators of persons living in the developmental centers or their
representative organizations, persons with developmental disabilities
living in the community, developmental center employees and employee
organizations, community care providers, the affected city and
county governments, and business and civic organizations, as may be
recommended by local state Senate and Assembly representatives.
(d) Prior to the submission of the plan to the Legislature, the
department shall confer with the county in which the developmental
center is located, the regional centers served by the developmental
center, and other state departments using similar occupational
classifications, to develop a program for the placement of staff of
the developmental center planned for closure in other developmental
centers, as positions become vacant, or in similar positions in
programs operated by, or through contract with, the county, regional
centers, or other state departments.
(e) Prior to the submission of the plan to the Legislature, the
department shall hold at least one public hearing in the community in
which the developmental center is located, with public comment from
that hearing summarized in the plan.
(f) The plan submitted to the Legislature pursuant to this section
shall include all of the following:
(1) A description of the land and buildings affected.
(2) A description of existing lease arrangements at the
developmental center.
(3) The impact on residents and their families.
(4) Anticipated alternative placements for residents.
(5) The impact on regional center services.
(6) Where services will be obtained that, upon closure of the
developmental center, will no longer be provided by that facility.
(7) Potential job opportunities for developmental center employees
and other efforts made to mitigate the effect of the closure on
employees.
(8) The fiscal impact of the closure.
(9) The timeframe in which closure will be accomplished.
SEC. 5. Section 4478 of the Welfare and Institutions Code is
amended to read:
4478. (a) The chairperson of an advisory board advising a
developmental center shall meet annually with the developmental
center director, the regional center directors, and a representative
of the State Council on Developmental Disabilities.
(b) The chairpersons shall be allowed necessary expenses incurred
in attending these meetings.
(c) It is the intent of the Legislature that the department assist
the development of annual regional meetings required by this
section.
SEC. 6. Section 4520 of the Welfare and Institutions Code is
amended to read:
4520. (a) The Legislature finds that services for persons with
developmental disabilities constitute a major expenditure of public
funds, that these programs are provided by hundreds of public and
private statewide and local agencies, that the legal, civil, and
service rights of persons with developmental disabilities are
frequently denied, and that there is no effective method for planning
and coordinating the state's resources to assure these rights.
Therefore, a State Council on Developmental Disabilities with
authority independent of any single state service agency is needed
and is hereby created to conduct advocacy, capacity building, and
systemic change activities, as required by the federal Developmental
Disabilities Assistance and Bill of Rights Act of 2000 (Public Law
106-402 (42 U.S.C. Sec. 15001 et seq.)).
(b) The Legislature further finds that the state faces unique
challenges because of its size and diversity, and that neighborhoods
and communities lack the support necessary to monitor system
functions and advocate for the rights and interests of persons with
developmental disabilities. Therefore, local area boards on
developmental disabilities shall be established to conduct the local
advocacy, capacity building, and systemic change activities required
by the federal Developmental Disabilities Assistance and Bill of
Rights Act of 2000 (Public Law 106-402 (42 U.S.C. Sec. 15001)).
in order to ensure that the council is accessible and
responsive to the diverse geographic, racial, ethnic, and language
needs of persons with developmental disabilities and their families
throughout California, the council shall establish, maintain, and
operate regional offices, and determine the numbe r and
location of its regional offices.
(c) This chapter, Chapter 3 (commencing with Section
4560), 4561), Chapter 4 (commencing with Section
4571), and Division 4.7 (commencing with Section 4900), are intended
by the Legislature to secure full compliance with the requirements
of the Developmental Disabilities Assistance and Bill of Rights Act
of 2000 (Public Law 106-402), as amended and extended, which provides
federal funds to assist the state in planning, coordinating,
monitoring, and evaluating services for persons with developmental
disabilities and in establishing a system to protect and advocate the
legal and civil rights of persons with developmental disabilities.
SEC. 7. Section 4521 of the Welfare and Institutions Code is
amended to read:
4521. (a) (1) All references to
"council" or "state council" in this part
division shall be a reference to the State Council on
Developmental Disabilities.
(2) "Developmental disability," as used in this chapter, means a
developmental disability as defined in Section 15002(8) of Title 42
of the United State Code.
(b) There shall be 31 voting members on the state council
appointed by the Governor from among the residents of the state
, as follows:
(1) One member from each of the 13 area boards on developmental
disabilities described in Article 6 (commencing with Section 4543),
nominated by the area board to serve as a council member, who shall
be persons with a developmental disability, as defined in Section
15002(8) of Title 42 of the United States Code, or parents or
guardians of minors with developmental disabilities or conservators
of adults with developmental disabilities residing in California.
Five of these members shall be persons with a developmental
disability, as defined in Section 15002(8) of Title 42 of the United
States Code, three shall be parents, immediate relatives, guardians,
or conservators of persons with developmental disabilities, and five
shall be either a person with a developmental disability or a parent,
immediate relatives, guardian, or conservator of a person with a
developmental disability. The nominee from each area board shall be
an area board member who was appointed by the Governor.
(1) Twenty members of the council shall be nonagency members who
reflect the socioeconomic, geographic, disability, racial, ethnic,
and language diversity of the state, and who shall be persons with a
developmental disability or their parents, immediate relatives,
guardians, or conservators residing in California. Of the 20 members:
(A) At least seven members shall be persons with developmental
disabilities.
(B) At least seven members shall be a person who is a parent,
immediate relative, guardian, or conservator of a person with a
developmental disability.
(C) At least one member shall be from each of the geographic areas
of the regional offices established by the council, and those
persons shall be a person described in subparagraph (A) or (B) and
shall be a liaison of the state council to the local regional
constituency and the state council regional advisory committee of the
region.
(D) At least one of the members shall be a person with a
developmental disability who is a current or former resident of an
institution or his or her immediate relative, guardian, or
conservator.
(2) Eleven members of the council shall include the following:
(A) The Secretary of California Health and Human Services, or his
or her designee, who shall represent the agency and the state agency
that administers funds under Title XIX of the Social Security Act for
people with developmental disabilities.
(B) The Director of Developmental Services or his or her designee.
(C) The Director of Rehabilitation or his or her designee.
(D) The Superintendent of Public Instruction or his or her
designee.
(E) A representative from a nongovernmental agency or group
concerned with the provision of services to persons with
developmental disabilities.
(F) One representative from each of the three university centers
for excellence in the state, pursuant to Section 15061 et seq. of
Title 42 of the United States Code, providing training in the field
of developmental services , or its designee .
These individuals shall have expertise in the field of developmental
disabilities.
(G) The Director of Health Care Services or his or her designee.
(H) The executive director of the agency established in California
to fulfill the requirements and assurance of Title I, Subtitle C, of
the federal Developmental Disabilities Assistance and Bill of Rights
Act of 2000 for a system to protect and advocate the rights of
persons with developmental disabilities, or his or her designee.
(I) The Director of the California Department of Aging or his or
her designee.
(3) Seven members at large, appointed by the Governor, as follows:
(A) Three shall be persons with developmental disabilities, as
defined in Section 15002(8) of Title 42 of the United States Code.
(B) One shall be a person with developmental disabilities who is a
current or former resident of an institution or his or her immediate
relative, guardian, or conservator.
(C) One shall be a person who is a parent, immediate relative,
guardian, or conservator of a person with a developmental disability
living in the community.
(D) One shall be a person who is a parent, immediate relative,
guardian, or conservator of a person with a developmental disability
living in the community, nominated by the Speaker of the Assembly.
(E) One shall be a person with developmental disabilities, as
defined in Section 15002(8) of Title 42 of the United States Code,
nominated by the Senate Committee on Rules.
(c) Prior to appointing the 31 members
pursuant to this section, described in paragraph (1)
of, and subparagraph (E) of paragraph (2) of, subdivision (b),
the Governor shall request consult with the
current members of the council, and consider recommendations
from organizations representing persons with a broad range of
developmental disabilities , or persons interested in , or
providing services to, or both, persons with developmental
disabilities, and shall take into account socioeconomic, ethnic, and
geographic considerations of the state. disabilities.
(d) The term of each member described in paragraph (1) of,
and subparagraph (E) of paragraph (2) of, and
paragraph (3) of, subdivision (b) shall be for three years.
Of the members first appointed by the Governor pursuant to
paragraph (1) of subdivision (b), five shall hold office for three
years, four shall hold office for two years, and four shall hold
office for one year. In no event shall any member described in
paragraph (1) of, subparagraphs (E) and (H) of paragraph (2) of, and
paragraph (3) of, subdivision (b) serve for more than a total of six
years of service. Service by any individual on any state council on
developmental disabilities existing on and after January 1, 2003,
shall be included in determining the total length of service.
The term of these members shall begin on the date of
appointment by the Governor and these members shall serve no more
than two terms.
(e) A member may continue to serve following the expiration of his
or her term until the Governor appoints that member's successor. The
state council shall notify the Governor regarding membership
requirements of the council and shall notify the Governor , in
writing, immediately when a vacancy occurs prior to the expiration of
a member's term, at least 60 days six
months before a member's term expires, and when a vacancy on
the council remains unfilled for more than 60 days.
SEC. 8. Section 4525 of the Welfare and
Institutions Code is amended to read:
4525. (a) In order to prevent any potential conflicts of
interest, members of the state council may not be employees of a
state, local, or private agency or facility that provides services to
persons with a developmental disability, or be members of the
governing board of any entity providing the service, when the service
is funded in whole or in part with state funds.
(b) For purposes of this section, "employees of a state, local, or
private agency or facility that provides services to persons with a
developmental disability" shall not be deemed to include any of the
following:
(1) A parent, relative, guardian or conservator, who receives
public funds expressly for the purpose of providing direct services
to his or her child, relative, ward or conservatee, respectively, who
is a person with a developmental disability.
(2) A person with a developmental disability who receives
employment services through a provider receiving state or federal
funds , or who receives funds directly to pay for his or her own
services and supports .
(3) A person who serves as a member of an area board.
a regional advisory committee of the state council,
established pursuant to Article 6.
(c) This section shall not apply to the appointments made pursuant
to subparagraphs (A), (B), (C), (D), (F), (G), (H), and (I) of
paragraph (2) of subdivision (b) of Section 4521.
SEC. 9. The heading of Article 3 (commencing with
Section 4530) of Chapter 2 of Division 4.5 of the Welfare
and Institutions Code is amended to read:
Article 3. Location of State Council
Designated State Agency
SEC. 10. Section 4530 of the Welfare
and Institutions Code is amended to read:
4530. For administrative purposes only, the state
council shall be attached to (a)
In accordance with federal law, the California Health and
Human Services Agency shall be the designated state a
gency for support to the state council . The agency secretary
shall ensure the state council is provided efficient accounting,
financial management, personnel, and other reasonable support
services when requested by the council in the performance of its
mandated responsibilities.
The attachment of the state council to
(b) The designation of the
California Health and Human Services Agency shall not limit the
council's scope of concern to health programs or limit the council's
responsibilities or functions regarding all other pertinent state and
local programs, as defined in Article 5 (commencing with Section
4540) of this chapter.
The administrative attachment of the state council to
(c) The designation of the
California Health and Human Services Agency shall not be
construed to interfere in any way with the provisions of
Section 4552 requiring all personnel employed by the council to be
solely responsible, organizationally and administratively, to the
council.
SEC. 11. Section 4535 of the Welfare
and Institutions Code is amended to read:
4535. (a) The state council shall meet at least six
times each year, and, on call of its chairperson, as often
as necessary to fulfill its duties. All meetings and records of the
state council shall be open to the public.
(b) The state council shall, by majority vote of the voting
members, elect its own chairperson and vice chairperson who shall
have full voting rights on all state council actions, from among the
appointed members, described in paragraph (1) or (3)
of , and subparagraph (E) of paragraph (2)
of, subdivision (b) of Section 4521, and
4521. The council shall establish any committees it deems
necessary or desirable. The chairperson shall appoint all members of
committees of the state council. The chairs and vice chairs of the
state council and its standing committees shall be individuals with a
developmental disability, or the parent, sibling, guardian, or
conservator of an individual with a developmental disability.
(c) The state council may appoint technical advisory consultants
and may establish committees composed of professional persons serving
persons with developmental disabilities as necessary for technical
assistance. The state council may call upon representatives of all
agencies receiving state or federal funds for assistance and
information, and shall invite persons with developmental
disabilities, their parents, guardians, or conservators,
professionals, or members of the general public to participate on
state council committees, when appropriate.
(d) When convening any task force or advisory group, the state
council shall make its best effort to ensure representation by
consumers and family members representing the state's multicultural
diversity.
SEC. 8. SEC. 12. Section 4540 of the
Welfare and Institutions Code is amended to read:
4540. In order to comply with the intent and requirements of this
division and Public Law 106-402 (42 U.S.C. Sec. 15001 et seq.), the
state council, in addition to any other responsibilities established
under this division and to the extent that resources are available,
shall do all of the following:
(a) Serve as an advocate for individuals with developmental
disabilities and, through council members, staff, consultants, and
contractors and grantees, conduct advocacy, capacity building, and
systemic change activities.
(b) Serve as the "state planning council" responsible for
developing the "California Developmental Disabilities State Plan," in
accordance with requirements issued by the United States Secretary
of Health and Human Services, monitoring and evaluating the
implementation of this plan, reviewing and commenting on other plans
and programs in the state affecting persons with developmental
disabilities, and submitting these reports as the United States
Secretary of Health and Human Services may reasonably request.
(c)
Serve as the official agency responsible for planning the provision
of the federal funds allotted to the state under Public Law 106-402
(42 U.S.C. Sec. 15001 et seq.), and apportion these funds
among agencies and area developmental disabilities boards
by conducting and supporting advocacy, capacity
building, and systemic change activities. The council may itself
conduct these activities and may provide grant funding to local
agencies in compliance with applicable state and federal law
, for those same purposes .
(d) Prepare and approve a budget, for the use of amounts paid to
the state to hire any staff and to obtain the services of any
professional, technical, or clerical personnel consistent with state
and federal law, as the council determines to be necessary to carry
out its functions.
(e) (1) Conduct activities related to meeting the objectives of
the state plan. To the extent that resources are available, these
activities shall include , but are not limited to, all of
the following:
(A) Through support of the area boards, engaging in geographically
based outreach and individual and systemic advocacy to assist and
enable individuals and families to obtain services, supports, and
other forms of assistance.
(A) Encouraging and assisting in the establishment or
strengthening of self-advocacy organizations led by individuals with
developmental disabilities.
(B) Supporting and conducting geographically based outreach
activities to identify individuals with developmental disabilities
and their families who otherwise might not come to the attention of
the council and assist and enable the individuals and families to
obtain services, individualized supports, and other forms of
assistance, including access to special adaptation of generic
community services or specialized services.
(C) Supporting and conducting training for persons who are
individuals with developmental disabilities, their families, and
personnel, including professionals, paraprofessionals, students,
volunteers, and other community members, to enable those persons to
obtain access to, or to provide, community services, individualized
supports, and other forms of assistance, including special adaptation
of generic community services or specialized services for
individuals with developmental disabilities and their families.
(B) Support and conduct
(D) Supporting and conducting
technical assistance activities to assist public and private entities
to contribute to the objectives of the state plan.
(E) Supporting and conducting activities to assist neighborhoods
and communities to respond positively to individuals with
developmental disabilities and their families.
(C) Support and conduct
(F) Supporting and conducting
activities to promote interagency collaboration and coordination at
the state and local levels to better serve, support, assist, or
advocate for individuals with developmental disabilities and their
families .
(G) Coordinating with related councils, committees, and programs
to enhance coordination of services.
(H) Supporting and conducting activities to eliminate barriers to
access and use of community services by individuals with
disabilities, enhance systems design and redesign, and enhance
citizen participation to address issues identified in the state plan.
(D) Support and conduct
(I) Supporting and conducting
activities to educate the public about the capabilities, preferences,
and needs of individuals with developmental disabilities and their
families, and to develop and support coalitions that support the
policy agenda of the council, including training in self-advocacy,
education of policymakers, and citizen leadership roles.
(E) Support and conduct
(J) Supporting and conducting
activities to provide information to policymakers.
policymakers by supporting and conducting studies and analyses,
gathering information, and developing and disseminating model
policies and procedures, information, approaches, strategies,
findings, conclusions, and recommendations. The council may provide
the information directly to federal, state, and local policymakers,
including the Congress of the United States, the federal executive
branch, the Governor, the Legislature, and state agencies in order to
increase the abilities of those policymakers to offer opportunities
and enhance or adapt generic services to meet the needs of, or
provide specialized services to, individuals with developmental
disabilities and their families.
(K) Supporting, on a time-limited basis, activities to demonstrate
new approaches to serving individuals with developmental
disabilities that are a part of an overall strategy for systemic
change.
(2) These activities may also include, but shall not be limited
to, all of the following:
(A) Support and conduct training for persons with developmental
disabilities, their families, and personnel, to enable these
individuals to obtain access to, or to provide, community services,
individualized supports, and other forms of assistance.
(B) Support and conduct activities to assist neighborhoods and
communities to respond positively to individuals with disabilities
and their families.
(C) Support and conduct activities to eliminate barriers to access
and use of community services by individuals with developmental
disabilities, enhance system design and redesign, and enhance citizen
participation.
(D) Support and conduct, on a time-limited basis, activities to
demonstrate new approaches to serving individuals with developmental
disabilities that are a part of an overall strategy for systemic
change.
(f) Conduct other activities, including, but not limited to,
(A) Appointing an authorized representative for persons with
developmental disabilities according to all of the following:
(i) To ensure the protection of civil and service rights of
persons with developmental disabilities, the state council may
appoint a representative to assist the person in expressing his or
her desires and in making decisions and advocating his or her needs,
preferences, and choices, when the person with developmental
disabilities has no parent, guardian, or conservator legally
authorized to represent him or her and the person has either
requested the appointment of a representative or the rights or
interests of the person, as determined by the state council, will not
be properly protected or advocated without the appointment of a
representative.
(ii) When there is no guardian or conservator, the individual's
choice, if expressed, including the right to reject the assistance of
a representative, shall be honored. If the person does not express a
preference, the order of preference for selection of the
representative shall be the person's parent, involved family members,
or a volunteer selected by the state council. In establishing these
preferences, it is the intent of the Legislature that parents or
involved family members shall not be required to be appointed
guardian or conservator in order to be selected. Unless the person
with developmental disabilities expresses otherwise, or good cause
otherwise exists, the request of the parents or involved family
members to be appointed the representative shall be honored.
(iii) Pursuant to this section, the state council shall appoint a
representative to advocate the rights and protect the interest of a
person residing in a developmental center for whom community
placement is proposed pursuant to Section 4803. The representative
may obtain the advocacy assistance of the regional center clients'
rights advocate.
(B) Conducting public hearings
and forums and the evaluation and issuance of public reports on the
programs identified in the state plan, as may be necessary to carry
out the duties of the state council.
(C) Identifying the denial of rights of persons with disabilities
and informing the appropriate local, state, or federal officials of
their findings, and assisting these officials in eliminating all
forms of discrimination against persons with developmental
disabilities in housing, recreation, education, health and mental
health care, employment, and other service programs available to the
general population.
(g) Review and comment
(D) Reviewing and commenting on
pertinent portions of the proposed plans and budgets of all state
agencies serving persons with developmental disabilities to include,
but not be limited to, the State Department of Education, the
Department of Rehabilitation, and the State Department of
Developmental Services. This review may include public
hearings prior to the submission of the Governor's Budget to the
Legislature, with advice directed to the Governor, and after
introduction of the Governor's Budget, with advice directed to the
Legislature. Services, and local agencies to the
extent resources allow.
(h) (1) Prepare an annual written report of its activities, its
recommendations, and an evaluation of the efficiency of the
administration of this division to the Governor and the Legislature.
(2) This report shall include both the statewide activities of the
state council and the local activities of the area boards.
(i) Review and publicly comment
(E) (i) Reviewing the policies and practices of publicly funded
agencies that serve or may serve persons with developmental
disabilities to determine if the programs are meeting its
obligations, under local, state and federal laws. This authority
shall include a notice from a regional center to the state council
when the regional center believes a publicly funded program is
failing to meet its obligations in serving persons with developmental
disabilities. The regional center may provide the state council with
a comprehensive summary of the issues and the statute or regulation
alleged to be violated. If the state council finds that the agency is
not meeting its obligations, the state council shall inform the
director and the managing board of the noncomplying agency, in
writing, of its findings.
(ii) Within 15 days, the agency shall respond, in writing, to the
state council's findings. Following receipt of the agency's response,
if the state council continues to find that the agency is not
meeting its obligations, the state council shall pursue informal
efforts to resolve the issue.
(iii) If, within 30 days of implementing informal efforts to
resolve the issue, the state council continues to find that the
agency is not meeting its obligations under local, state, or federal
statutes, the state council shall conduct a public hearing to receive
testimony on its findings.
(iv) The executive director of the state council shall review the
findings developed pursuant to this subdivision and may conduct
additional fact finding investigations. The executive director shall
report his or her finding to the state council within 30 days and
shall recommend a course of action to be pursued by the state council
or other state administrative or legislative officials.
(v) The state council shall review the report of the executive
director and shall take any action it deems necessary to resolve the
problem.
(F) Reviewing and publicly commenting
on significant regulations proposed to be promulgated by any
state agency in the implementation of this division.
(j) Monitor the execution of this division and report directly to
the Governor and the Legislature any delay in the rapid execution of
this division.
(k) Be responsible for monitoring
(G) Monitoring and evaluating the
effectiveness of appeals procedures established in this division.
(l) Provide
(H) Providing testimony to
legislative committees reviewing fiscal or policy matters pertaining
to persons with developmental disabilities.
(m) (1) Conduct, or cause
(I) Conducting, or causing to be
conducted, investigations or public hearings to resolve disagreements
between state agencies, or between state and regional or local
agencies, or between persons with developmental disabilities and
agencies receiving state funds. These investigations or public
hearings shall be conducted at the discretion of the state council
only after all other appropriate administrative procedures for
appeal, as established in state and federal law, have been fully
utilized.
(f) Prepare an annual written report of its activities, its
recommendations, and an evaluation of the efficiency of the
administration of this division to the Governor and the Legislature.
This report shall include both the statewide and regional activities
of the state council.
(2)
(g) Except as otherwise provided in this division, the
state council shall not engage in the administration of the
day-to-day operation of service programs identified in the state
plan, nor in the financial management and accounting of funds. These
activities shall be performed by appropriate agencies designated in
the state plan.
(n) To the greatest extent possible, area boards shall participate
in conducting the activities described in this section.
SEC. 13. The heading of Article 6 (commencing with
Section 4543) of Chapter 2 of Division 4.5 of the
Welfare and Institutions Code is amended to read:
Article 6. Area Boards on Developmental Disabilities
State Council Regional Offices and Advisory Committees
SEC. 14. Section 4543 of the Welfare
and Institutions Code is repealed.
4543. (a) Because of the vast size, complexity, and diversity of
the State of California, the Legislature finds that the planning
activities of the State Council on Developmental Disabilities depend
upon the direct involvement of local representatives familiar with
the structure and operation of services and programs for persons with
developmental disabilities. The Legislature further finds that the
legal, civil, and service rights of persons with developmental
disabilities cannot be adequately guaranteed throughout the state,
and the state plan cannot be implemented, unless monitoring
responsibility is established on a regional basis through area boards
on developmental disabilities.
(b) For administrative purposes and to ensure compliance with
federal and state laws, the area boards shall be attached to the
state council.
SEC. 15. Section 4544 of the Welfare
and Institutions Code is amended to read:
4544. (a) The area boards
state council shall establish regional offices that
are accessible and responsive to the diverse geographic, ethnic, and
language needs of consumers and families throughout the state. As of
January 1, 2015, regional offices of the state council, in
existence as of January 1, 2003, December 31,
2014, shall continue to exist, within the same geographic
regions of the state after January 1, 2003, but shall
thereafter be constituted and shall operate according to this article
state .
(b) To ensure involvement of persons with developmental
disabilities, their families, and other members of the public at the
regional level and to ensure the responsiveness of the state council
and its regional offices to the geographic, ethnic, and language
diversity of the state, each regional office shall be advised by a
regional advisory committee. As of January 1, 2015, advisory boards
of the regional offices, known as area boards on developmental
disabilities, in existence on December 31, 2014, shall thereafter be
known as state council regional advisory committees.
(c) All references to "regional office" in this chapter shall be a
reference to the state council regional offices. All references to
"regional advisory committees" in this chapter shall be a reference
to the state council regional advisory committees.
(d) State council regional offices and advisory committees shall
be constituted and shall operate according to this article.
SEC. 16. Section 4545 of the Welfare
and Institutions Code is amended to read:
4545. The State Council on Developmental Disabilities
state council shall periodically conduct a
thorough review of the geographic boundaries served by area
boards regional offices to determine whether
existing area board boundaries or the number
of regional offices should be changed, or additional
area boards should be established changed to
more effectively implement this division. In conducting this review,
the state council shall seek input from area boards,
state council regional advisory committees,
persons with developmental disabilities, family members, service
providers, advocates, and other interested parties. Prior to
recommending the establishment of new geographic
boundaries, the state council shall hold a public hearing within any
existing area board regional office
geographic area affected by the proposed change. The state council
shall submit to inform the Governor and
the Legislature at least 120 days before any
recommendations for changes in area board
boundaries or recommendations that additional area boards be
established. Any area board established after January 1, 2003, shall
nominate a member to be appointed by the Governor as a voting member
of the state council pursuant to Section 4521. the
number or boundaries of regional offices.
SEC. 17. Section 4546 of the Welfare
and Institutions Code is repealed.
4546. After January 1, 2003, area boards shall be comprised as
follows:
(a) For areas consisting of one to four counties, the area board
shall consist of a total of 12 voting members appointed by the
governing bodies of the counties, each county appointing an equal
number of voting members, and five voting members appointed by the
Governor.
(b) For areas consisting of five to seven counties, the area board
shall consist of two voting members appointed by the governing body
of each county, and five voting members appointed by the Governor.
(c) For areas consisting of eight or more counties, the area board
shall consist of one voting member appointed by the governing body
of each county, and five members appointed by the Governor.
Of the members first appointed, five shall serve for one year,
five shall serve for two years, and the remaining members shall serve
for three years. Subsequent members shall serve for three years. In
counties with a population of more than 100,000, no member shall
serve more than two consecutive three-year terms.
(d) The governing bodies of the counties in each area shall select
their appointees from among the following groups, and, to the extent
feasible, in the following proportions:
(1) Sixty percent from persons with developmental disabilities or
the immediate relatives, guardians, or conservators of these persons.
(2) Forty percent from representatives of the general public.
(e) The appointments made by the Governor shall meet the
requirements of paragraph (1) of subdivision (b) of Section 4521.
(f) (1) Prior to making their appointments, the Governor and the
governing bodies of counties shall request recommendations from
professional organizations, from organizations within the area
representing persons with developmental disabilities, and from
organizations and agencies within the area that deliver services to
these individuals.
(2) In making their appointments, the Governor and the governing
bodies of counties shall appoint persons who have demonstrated
interest and leadership in human service activities.
(g) (1) In order to prevent any potential conflicts of interest,
voting members of area boards shall not be employees of a state,
local, or private agency or facility that provides service to a
person with a developmental disability, or be members of the
governing board of any entity providing this service, when the
service is funded in whole or in part with state funds.
(2) For purposes of this section "employees of a state, local, or
private agency or facility that provides services to a person with a
developmental disability" shall not be deemed to include any of the
following:
(A) A parent, relative, guardian, or conservator who receives
public funds expressly for the purpose of providing direct services
to his or her child, relative, ward, or conservatee, respectively,
who is a person with a developmental disability.
(B) A person with a developmental disability who receives
employment services through a provider receiving state or federal
funds.
(C) A person who serves as a member of the state council.
(h) The Governor shall give consideration to the relative
populations of the counties within the area in selecting appointees
to the area boards.
(i) A member may continue to serve following the expiration of his
or her term until the Governor or appointing body of the county
appoints that member's successor. The state council shall notify the
Governor or the appointing body of the county regarding membership
requirements of the area boards and shall notify the Governor or the
appointing body of the county at least 60 days before a member's term
expires, and when a vacancy on an area board remains unfilled for
more than 60 days.
(j) All members of the area board shall be residents of the area.
(k) The members of an area board shall serve without compensation,
but shall be reimbursed for any actual and necessary expenses
incurred in connection with the performance of their duties as
members of the board or of committees established by the board.
SEC. 18. Section 4546 is added to the
Welfare and Institutions Code , to read:
4546. The state council shall establish procedures, according to
all of the following requirements, for recruiting and appointing the
membership of the regional advisory committees:
(a) Membership of the regional advisory committees shall reflect
the geographic, racial, ethnic, and language diversity of the local
region. The regional advisory committees shall include an equal
number of representatives from each one of the counties within its
jurisdiction.
(b) The composition of the regional advisory committees shall be
in the following proportions:
(1) At least 60 percent of the committee shall be persons with
developmental disabilities or their parents, immediate relatives,
guardians, or conservators.
(2) No more than 40 percent of the committee shall be
representative of the general public.
(c) Members shall serve for three-year terms. Members' terms shall
begin upon the date of their appointment. In counties with a
population of more than 100,000, no member shall serve more than two
consecutive three-year terms.
(d) (1) In order to prevent any potential conflicts of interest,
members of regional advisory committees shall not be employees of a
state, local, or private agency or facility that provides service to
a person with a developmental disability, or be members of the
governing board of any entity providing this service, when the
service is funded in whole or in part with state funds.
(2) For purposes of this section "employees of a state, local, or
private agency or facility that provides services to a person with a
developmental disability" shall not be deemed to include any of the
following:
(A) A parent, relative, guardian, or conservator who receives
public funds expressly for the purpose of providing direct services
to his or her child, relative, ward, or conservatee, respectively,
who is a person with a developmental disability.
(B) A person with a developmental disability who receives
employment services through a provider receiving state or federal
funds or who receives funds directly to pay for his or her own
services and supports.
(C) A person who serves as a member of the state council.
(e) All members of the regional advisory committee shall be
residents of the area served by the regional office.
(f) The members of a regional advisory committee shall serve
without compensation, but shall be reimbursed for any actual and
necessary expenses incurred in connection with the performance of
their duties as members of the regional advisory committee or of its
subcommittees.
SEC. 19. Section 4547 of the Welfare
and Institutions Code is amended to read:
4547. (a) Each area board regional
advisory committee shall meet at least quarterly, and on call
of the board chairperson, as often as necessary to fulfill its
duties. All meetings and records of the area board
regional advisory committee shall be open to the public.
(b) (1) Each area board regional advisory
committee shall, by majority vote of the voting members, elect
its own chairperson from among the appointed
its members who are persons with developmental disabilities, or
parents, immediate relatives, guardians, or conservators of these
persons, and shall establish any committees it deems necessary or
desirable. The board chairperson shall appoint all
members of committees of the area board.
regional advisory committee.
(2) An area board A regional
advisory committee may call upon representatives of all
agencies receiving state funds, for assistance and information, and
shall invite persons with developmental disabilities, their parents,
immediate relatives, guardians, or conservators, professionals, or
members of the general public to participate on area board
committees. the regional advisory committee.
(3) When convening any task force or advisory group, the
area board regional advisory committee shall make
its best effort to ensure representation by consumers and family
members representing the community's multicultural diversity.
SEC. 20. Section 4548 of the Welfare
and Institutions Code is repealed.
4548. (a) Area boards shall locally assist the state council with
the implementation of subtitles A and B of Title I of Public Law
106-402 (42 U.S.C. Sec. 15001 et seq.).
(b) Area boards shall protect and advocate the rights of all
persons in the area with developmental disabilities.
(c) Area boards shall conduct capacity building activities and
provide advocacy for systemic change.
(d) (1) The area board shall have the authority to pursue legal,
administrative, and other appropriate remedies to ensure the
protection of the legal, civil, and service rights of persons who
require services or who are receiving services in the area. In
carrying out this responsibility, area boards may appoint a
representative to assist the person in expressing his or her desires
and in making decisions and advocating his or her needs, preferences,
and choices, where the person with developmental disabilities has no
parent, guardian, or conservator legally authorized to represent him
or her and the person has either requested the appointment of a
representative or the rights or interests of the person, as
determined by the area board, will not be properly protected or
advocated without the appointment of a representative.
(2) Where there is no guardian or conservator, the person's
choice, if expressed, including the right to reject the assistance of
a representative, shall be honored. If the person does not express a
preference, the order of preference for selection of the
representative shall be the person's parent, involved family member,
or a volunteer selected by the area board. In establishing these
preferences, it is the intent of the Legislature that parents or
involved family members shall not be required to be appointed
guardian or conservator in order to be selected. Unless the consumer
expresses otherwise, or good cause otherwise exists, the request of
the parents or involved family members to be appointed the
representative shall be honored.
(3) Where appropriate pursuant to this section, the area board
shall appoint a representative to advocate the rights and protect the
interests of a person residing in a developmental center for whom
community placement is proposed pursuant to Section 4803.
(4) The area board shall identify any evidence of the denial of
these rights, shall inform the appropriate local, state, or federal
officials of their findings, and shall assist these officials in
eliminating all forms of discrimination against persons with
developmental disabilities in housing, recreation, education, health
and mental health care, employment, and other service programs
available to the general population.
(e) Area boards shall conduct, or cause to be conducted, public
information programs for consumers, families, professional groups,
and for the general public, to increase professional and public
awareness of prevention and habilitation programs, and to eliminate
barriers to social integration, employment, and participation of
persons with developmental disabilities in all community activities.
(f) Area boards shall encourage and assist in the establishment or
strengthening of self-advocacy organizations led by individuals with
developmental disabilities.
(g) (1) To the extent that resources are available, area boards
shall review the policies and practices of publicly funded agencies
that serve or may serve persons with developmental disabilities, to
determine if the programs are meeting their obligations under local,
state, and federal laws. A regional center may notify the area board
when the regional center believes a publicly funded program is
failing to meet its obligations in serving persons with developmental
disabilities. The regional center may provide the area board with a
comprehensive summary of the issues and the statute or regulation
alleged to be violated. If the area board finds that the agency is
not meeting its obligations, the area board shall inform the director
and the managing board of the noncomplying agency, in writing, of
its findings.
(2) Within 15 days, the agency shall respond, in writing, to the
area board's findings. Following receipt of the agency's response, if
the area board continues to find that the agency is not meeting its
obligations, the area board shall pursue informal efforts to resolve
the issue.
(3) If, within 30 days of implementing informal efforts to resolve
the issue, the area board continues to find that the agency is not
meeting its obligations under local, state, or federal statutes, the
area board shall conduct a public hearing to receive testimony on its
findings.
(4) If the problem has not been resolved within 30 days following
the public hearing, the area board may provide the state council with
its findings and may request authorization to initiate legal action.
An area board shall not initiate legal action without prior
authorization from the state council. However, the area board may
assist any other person, agency, or organization that may pursue
litigation related to the area board's findings.
(5) The executive director of the state council shall review the
findings developed pursuant to this subdivision and may conduct
additional factfinding investigations. The executive director shall
report his or her findings to the state council within 30 days and
shall recommend a course of action to be pursued by the council, the
area board, or other state administrative or legislative officials.
(6) The state council shall review the report of the executive
director and shall take any action it deems necessary to resolve the
problem. If the state council authorizes the area board to initiate
legal action, the state council shall make legal assistance available
to the area board pursuant to the legal services provisions of
Public Law 106-402 (42 U.S.C. Sec. 15001 et seq.).
(h) Area boards shall encourage the development of needed services
and supports of good quality that do not result in duplication,
fragmentation of services, and unnecessary expenditures. Prior to
providing additional funds for major expansion of existing programs,
creation of new programs, or establishment of pilot projects to test
new methodologies of service delivery for persons with developmental
disabilities within an area board catchment area, the department or
regional center, as appropriate, shall consult with the area board
regarding the appropriateness of those program developments.
(i) In carrying out their review functions, area boards shall
solicit the advice of knowledgeable professionals, consumers, and
consumer representatives about problems within the service delivery
system in the region. In enacting this article, it is the intent of
the Legislature that the area boards not duplicate the functions
assigned to other agencies that are routinely responsible for
monitoring, regulating, or licensing programs for persons with
developmental disabilities. Area boards may call upon these agencies
for information and assistance in order to carry out their
responsibilities more effectively. Unless otherwise prohibited by
law, these agencies shall provide information requested by the area
boards, and shall cooperate fully in complying with all reasonable
requests for assistance.
(j) (1) Area boards shall remain informed about the quality of
services in the area, and shall inform appropriate state and local
licensing agencies of alleged fire, safety, health, or other
violations of legally established standards, in any facility
providing service to persons with developmental disabilities, that
may be brought to the attention of the area board.
(2) If an area board receives evidence of criminal misconduct by
an individual or agency funded in whole or in part with state funds
under this division, the area board shall immediately inform
appropriate public safety agencies about the alleged misconduct.
(k) (1) Area boards shall cooperate with county coordinating
councils on developmental disabilities, other regional planning
bodies, and consumer organizations in the area. Area boards shall
comply with the reasonable requests of these groups and may request
the assistance of the groups in carrying out area board
responsibilities.
(2) The governing body of any county within the area may request
that the area board study or investigate programs in the county for
persons with developmental disabilities. The area board shall
cooperate with county governments to the fullest extent possible
within the limitations of the resources of the board.
( l ) Each area board shall submit to the
state council a summary of its activities and accomplishments in the
previous year. The state council, in consultation with area boards,
shall determine the timing of, and format for, this summary.
(m) It is the intent of the Legislature that area boards shall
maintain local discretion in conducting their advocacy activities.
The state council shall not direct the advocacy activities of the
area boards, except when specifically authorized by law, or when
necessary to ensure compliance with federal requirements.
SEC. 2 1. Section 4548 is added to the
Welfare and Institutions Code , to read:
4548. (a) State council regional advisory committees shall advise
the state council and its regional office on local issues and
identify and provide input regarding local systemic needs within
their community. The regional advisory committees shall provide input
and be a source of data for the council to consider in the
formulation of the state plan and shall be a source of data for the
state council's regional office reporting on state plan
implementation.
(b) Regional advisory committees may conduct, or cause to be
conducted, public information programs for consumers, families,
professional groups, and for the general public, to increase
professional and public awareness of prevention and habilitation
programs, and to eliminate barriers to social integration,
employment, and participation of persons with developmental
disabilities in all community activities and other areas identified
in the state plan.
(c) Regional advisory committees shall remain informed about the
quality of services in the region.
(d) Regional advisory committees shall cooperate with county
coordinating councils on developmental disabilities, other regional
planning bodies, and consumer organizations in the region.
(e) Each regional advisory committee shall submit to the state
council a summary of its activities and accomplishments in the
previous year. The state council shall determine the timing of, and
format for, this summary.
SEC. 22. The heading of Article 7 (commencing with
Section 4550) of Chapter 2 of Division 4.5 of the Welfare
and Institutions Code is amended to read:
Article 7. State Council and Area Board
Costs and Support Services
SEC. 23. Section 4550 of the Welfare
and Institutions Code is amended to read:
4550. The state council's operating costs shall include honoraria
for state council members and actual and necessary
expenses for state council members, costs
associated with the area boards, members and regional
advisory committee members, as described in this article, and
other administrative, professional, and secretarial support services
necessary to the operation of the state council. Federal
developmental disability funds received by the state under Public Law
106-402 (42 U.S.C. Sec. 15001 et seq.), shall be allotted in any one
year for these operating costs. Each member of the state council
shall receive one hundred dollars ($100) per day for each full day of
work performed directly related to council business, not to exceed
50 days in any fiscal year, and shall be reimbursed for any actual
and necessary expenses incurred in connection with the performance of
their duties under this division.
SEC. 24. Section 4551 of the Welfare
and Institutions Code is repealed.
4551. (a) (1) Within the limit of funds allotted for these
purposes, the state council chairperson, with the concurrence of a
majority of the state council, shall appoint an executive director
and, pursuant to paragraph (1) of subdivision (c) of Section 4553,
shall appoint an executive director for each area board. The
Governor, upon the recommendation of the executive director of the
state council following consultation with the area boards, shall
appoint a deputy director for area board operations. The Governor,
upon recommendation of the executive director of the state council,
shall appoint not more than two deputy directors. All other state
council employees that the state council may require shall be
appointed by the executive director, with the approval of the state
council.
(2) The executive director, all deputy directors, and each area
board executive director, shall be paid a salary that is comparable
to the director, deputy director, or manager of other state boards,
commissions, or state department regional offices with similar
responsibilities. The executive director and three deputy directors
of the state council and the executive director of each area board
shall be exempt from civil service.
(b) Among other duties as the executive director of the state
council may require, the deputy director for area board operations
shall provide assistance to the area boards, including, but not
limited to, resolving common problems, improving coordination, and
fostering the exchange of information among the area boards and
between the area boards and the state council.
(c) Each area board executive director employed by the state on
December 31, 2002, shall continue to be employed in a job
classification at the same or higher salary by the council on January
1, 2003, and thereafter, unless he or she resigns or is terminated
from employment for good cause. The Executive Director of the
Organization of Area Boards on December 31, 2002, shall continue to
be employed in a job classification at the same or higher salary by
the council on January 1, 2003, and shall serve as the deputy
director of area board operations unless he or she resigns or is
terminated from employment for good cause.
SEC. 25. Section 4551 is added to the
Welfare and Institutions Code , to read:
4551. (a) Within the limit of funds allotted for these purposes,
the state council chairperson, with the concurrence of a majority of
the state council, shall appoint an executive director. The executive
director of the state council shall appoint a director for each
regional office. All state council employees that the state council
may require shall be appointed by the executive director.
(b) The executive director shall be paid a salary that is at least
comparable to the director of other state boards, commissions, or
state department regional offices with similar responsibilities. The
executive director and any deputy directors of the state council
shall be exempt from civil service.
(c) Each deputy director and other council staff positions
appointed by the Governor and employed by the state on December 31,
2014, shall continue to be employed in a job classification at the
same or higher salary by the council on January 1, 2015, and
thereafter, unless he or she resigns or is terminated from employment
for good cause.
SEC. 26. Section 4552 of the Welfare
and Institutions Code is amended to read:
4552. The state council may contract for additional assistance
with any public or private agency or individual to carry out
planning, monitoring, evaluation, and other responsibilities under
this division. In order to comply with Public Law 106-402 (42 U.S.C.
Sec. 15001 et seq.) regulations, all personnel employed by the state
council shall be solely responsible, organizationally and
administratively, to the state council. The state council ,
through its executive director, shall have responsibility for
the selection, hiring, and supervision of all this personnel.
SEC. 27. Section 4553 of the Welfare
and Institutions Code is repealed.
4553. (a) The Legislature finds and declares that the advocacy,
coordinating, appeals, and other related functions of area boards
cannot be effectively provided unless area boards have staff support
services from personnel directly responsible and accountable to the
area board and state council. Area board staff shall be state
employees of the state council.
(b) (1) Each area board shall provide to the state council all
information and documentation required by the council to prepare and
account for the expenditures of an annual budget that includes the
basic funding necessary for the area boards to meet the requirements
of applicable state and federal law. The state council, in
consultation with the area boards, shall determine the timing of, and
format for, the provision of this information and documentation. An
area board may present for consideration by the state council a
proposal for funds to support any additional activities of the area
board not anticipated to be funded through their basic allocation.
The state council shall review all area board proposals and shall
determine the amount of federal funds under Public Law 106-402 (42
U.S.C. Sec. 15001 et seq.) that shall be allotted to each area board.
Nothing in this section shall prevent the appropriation of
additional funds to the state council or area boards, or both, from
the General Fund or other sources. These funds shall be used only for
purposes of extending the activities of the state council or area
boards, or both, as authorized by state or federal law.
(2) The state council may receive, on behalf of the council or on
behalf of any area board, grants of funds in addition to any
allocation of state funds or federal funds under Public Law 106-402
(42 U.S.C. Sec. 15001 et seq.), as authorized under this division.
These funds shall be used only for purposes of extending the council'
s or area boards' activities as authorized by state or federal law.
(c) (1) Each area board shall have an executive director,
nominated by the affirmative votes of a majority of the members of
the area board, appointed by the executive director of the state
council, and approved by the state council. The executive director
shall select and supervise persons to serve in any staff positions as
the area board and state council may authorize, pursuant to
subdivision (a) of Section 4551. The affirmative votes of a majority
of the members of the area board and approval of the state council
shall be necessary for removal of an executive director by the
executive director of the state council.
(2) Each area board, with the approval of the state council, may
contract for additional assistance to carry out its duties as
established by this division.
(3) Notwithstanding the Bagley-Keene Open Meeting Act (Article 9
(commencing with Section 11120) of Chapter 1 of Part 1 of Division 3
of Title 2), an area board may meet in executive session for purposes
of discussing confidential matters, including, but not limited to,
personnel matters.
SEC. 28. Section 4553 is added to the
Welfare and Institutions Code , to read:
4553. To the extent provided in Public Law 106-402 (42 U.S.C.
Sec. 15001 et seq.), the state council shall have full authority on
how it uses its funds for implementation of the state plan, including
establishing, maintaining, and operating its regional offices.
SEC. 29. Section 4560 of the Welfare
and Institutions Code is repealed.
4560. The Legislature finds that whenever multiple,
uncoordinated, and duplicative planning activities are conducted by
different state agencies on behalf of persons with developmental
disabilities, the result is confusion of responsibilities, a lack of
systemwide priorities, and failure to make the most appropriate use
of all federal, state, and local funds and programs.
SEC. 30. Section 4561 of the Welfare
and Institutions Code is amended to read:
4561. In order to integrate all relevant state planning
and budgeting, and in order to comply with federal requirements, a
(a) A California
Developmental Disabilities State Plan shall be prepared by the state
council not less often than once every five years, and shall be
reviewed and revised, as necessary, on an annual basis. All
references in this part to "state plan" shall be references to the
California Developmental Disabilities State Plan.
The
(b) The state plan shall include,
but not be limited to, all state plan requirements contained in
subtitles A and B of Title I of Public Law 106-402 (42 U.S.C. Sec.
15001 et seq.), or requirements established by the United States
Secretary of Health and Human Services.
SEC. 31. Section 4562 of the Welfare
and Institutions Code is amended to read:
4562. (a) The state council and the area boards on
developmental disabilities shall conduct activities
necessary to develop or and implement
the state plan in the various regions of the state.
(b) The state plan and its implementation shall be responsive to
the needs of the state's diverse geographic, racial, ethnic, and
language communities.
(b)
(c) In preparing this plan, the council shall utilize
information provided by the area boards,
regional offices and regional advisory committees of the state
council, statewide and local entities, individuals with
developmental disabilities, family members, and other interested
parties, to help identify and prioritize actions needed to improve
California's system of services and supports for persons with
developmental disabilities. The
(d) The purpose of the
plan shall be to ensure a coordinated and comprehensive system of
community services and supports that is consumer and family centered
and consumer and family directed, and to enable individuals with
developmental disabilities to exercise self-determination,
independence, productivity, and to be integrated and included in all
facets of community life.
SEC. 32. Section 4563 of the Welfare
and Institutions Code is amended to read:
4563. (a) Area boards The state council r
egional offices, assisted by the regional advisory
committees, shall assess the extent to which services,
supports, and other forms of assistance are available to individuals
with developmental disabilities and their families within the
area board catchment area, regions, and
shall make recommendations of objectives in both policy reform and
service demonstration, based on identified service and support needs
and priorities within the area board catchment area,
the region to be included in the state plan.
(b) Area boards The state council r
egional offices shall participate with the state
council in the development and implementation of the state
plan and shall submit prepare any
information concerning the area's region's
services, needs, and priorities to the state council in a time
and format as may be required the council may
determine to be necessary to meet federal reporting
requirements.
SEC. 33. Section 4564 of the Welfare
and Institutions Code is amended to read:
4564. The state council, in conjunction with the area
boards, council shall conduct open hearings on
the state plan and related budgetary issues prior to submission of
the plan pursuant to Section 4565.
SEC. 34. Section 4565 of the Welfare
and Institutions Code is amended to read:
4565. (a) The state plan shall be given to
the Governor, the Secretary of the California Health and Human
Services Agency, the protection and advocacy agency designated by the
Governor to fulfill the requirements and assurances of the federal
Developmental Disabilities Assistance and Bill of Rights Act of 2000,
the Superintendent of Public Instruction, and the
Legislature, and to the chairpersons of all area boards
Legislature for review and comment prior to its submission
by the chairperson of the state council to the United States
Secretary of Health and Human Services.
Copies
(b) Copies of the state plan
shall be provided, no later than November 1 of each year, to the
Director of Finance and to the Legislature for guidance in the
development of the Governor's Budget and legislative review of the
budget, and for guidance in other legislation pertaining to programs
for persons with developmental disabilities.
SEC. 35. Section 4566 of the Welfare and
Institutions Code is amended to read:
4566. The state plan shall, in addition to the requirements
established herein, comply in substance and format with requests of
the United States Secretary of Health and Human Services.
SEC. 36. Section 4626 of the Welfare
and Institutions Code is amended to read:
4626. (a) The department shall give a very high priority to
ensuring that regional center board members and employees act in the
course of their duties solely in the best interest of the regional
center consumers and their families without regard to the interests
of any other organization with which they are associated or persons
to whom they are related. Board members, employees, and others acting
on the regional center's behalf, as defined in regulations issued by
the department, shall be free from conflicts of interest that could
adversely influence their judgment, objectivity, or loyalty to the
regional center, its consumers, or its mission.
(b) In order to prevent potential conflicts of interest,
no a member of the governing board or member of
the program policy committee of a regional center shall not
be any of the following:
(1) An employee of the State Department of Developmental Services
or any state or local agency that provides services to a regional
center consumer, if employed in a capacity which includes
administrative or policymaking responsibility, or responsibility for
the regulation of the regional center.
(2) An employee or a member of the state council or an
area board. a state council regional advisory
committee.
(3) Except as otherwise provided in subdivision (h) of Section
4622, an employee or member of the governing board of any entity from
which the regional center purchases consumer services.
(4) Any person who has a financial interest, as defined in Section
87103 of the Government Code, in regional center operations, except
as a consumer of regional center services.
(c) A person with a developmental disability who receives
employment services through a regional center provider shall not be
precluded from serving on the governing board of a regional center
based solely upon receipt of these employment services.
(d) The department shall ensure that no regional center employee
or board member has a conflict of interest with an entity that
receives regional center funding, including, but not limited to, a
nonprofit housing organization and an organization qualified under
Section 501(c)(3) of the Internal Revenue Code, that actively
functions in a supporting relationship to the regional center.
(e) The department shall develop and publish a standard
conflict-of-interest reporting statement. The conflict-of-interest
statement shall be completed by each regional center governing board
member and each regional center employee specified in regulations,
including, at a minimum, the executive director, every administrator,
every program director, every service coordinator, and every
employee who has decisionmaking or policymaking authority or
authority to obligate the regional center's resources.
(f) Every new regional center governing board member and regional
center executive director shall complete and file the
conflict-of-interest statement described in subdivision (e) with his
or her respective governing board within 30 days of being selected,
appointed, or elected. Every new regional center employee referenced
in subdivision (e) and every current regional center employee
referenced in subdivision (e) accepting a new position within the
regional center shall complete and file the conflict-of-interest
statement with his or her respective regional center within 30 days
of assuming the position.
(g) Every regional center board member and regional center
employee referenced in subdivision (e) shall complete and file the
conflict-of-interest statement by August 1 of each year.
(h) Every regional center board member and regional center
employee referenced in subdivision (e) shall complete and file a
subsequent conflict-of-interest statement upon any change in status
that creates a potential or present conflict of interest. For the
purposes of this subdivision, a change in status includes, but is not
limited to, a change in financial interests, legal commitment,
regional center or board position or duties, or both, or outside
position or duties, or both, whether compensated or not.
(i) The governing board shall submit a copy of the completed
conflict-of-interest statements of the governing board members and
the regional center executive director to the department within 10
days of receipt of the statements.
(j) A person who knowingly provides false information on a
conflict-of-interest statement required by this section shall be
subject to a civil penalty in an amount up to fifty thousand dollars
($50,000), in addition to any civil remedies available to the
department. An action for a civil penalty under this provision may be
brought by the department or any public prosecutor in the name of
the people of the State of California.
(k) The director of the regional center shall review the
conflict-of-interest statement of each regional center employee
referenced in subdivision (e) within 10 days of receipt of the
statement. If a potential or present conflict of interest is
identified for a regional center employee that cannot be eliminated,
the regional center shall, within 30 days of receipt of the
statement, submit to the department a copy of the
conflict-of-interest statement and a plan that proposes mitigation
measures, including timeframes and actions the regional center or the
employee, or both, will take to mitigate the conflict of interest.
(l) The department and the regional center governing board shall
review the conflict-of-interest statement of the regional center
executive director and each regional center board member to ensure
that no conflicts of interest exist. If a present or potential
conflict of interest is identified for a regional center director or
a board member that cannot be eliminated, the regional center
governing board shall, within 30 days of receipt of the statement,
submit to the department and the state council a copy of the
conflict-of-interest statement and a plan that proposes mitigation
measures, including timeframes and actions the regional center
governing board or the individual, or both, will take to mitigate the
conflict of interest.
SEC. 37. Section 4628 of the Welfare
and Institutions Code is amended to read:
4628. If, for good reason, a contracting agency is unable to meet
all the criteria for a governing board established in this chapter,
the director may waive such those
criteria for a period of time, not to exceed one year, with the
approval of the area board in the area and with the approval
of the state council.
SEC. 38. Section 4629 of the Welfare
and Institutions Code is amended to read:
4629. (a) The state shall enter into five-year contracts with
regional centers, subject to the annual appropriation of funds by the
Legislature.
(b) The contracts shall include a provision requiring each
regional center to render services in accordance with applicable
provision of state laws and regulations.
(c) (1) The contracts shall include annual performance objectives
that shall do both of the following:
(A) Be specific, measurable, and designed to do all of the
following:
(i) Assist consumers to achieve life quality outcomes.
(ii) Achieve meaningful progress above the current baselines.
(iii) Develop services and supports identified as necessary to
meet identified needs.
(B) Be developed through a public process as described in the
department's guidelines that includes, but is not limited to, all of
the following:
(i) Providing information, in an understandable form, to the
community about regional center services and supports, including
budget information and baseline data on services and supports and
regional center operations.
(ii) Conducting a public meeting where participants can provide
input on performance objectives and using focus groups or surveys to
collect information from the community.
(iii) Circulating a draft of the performance objectives to the
community for input prior to presentation at a regional center board
meeting where additional public input will be taken and considered
before adoption of the objectives.
(2) In addition to the performance objectives developed pursuant
to this section, the department may specify in the performance
contract additional areas of service and support that require
development or enhancement by the regional center. In determining
those areas, the department shall consider public comments from
individuals and organizations within the regional center catchment
area, the distribution of services and supports within the regional
center catchment area, and review how the availability of services
and supports in the regional area catchment area compares with other
regional center catchment areas.
(d) Each contract with a regional center shall specify steps to be
taken to ensure contract compliance, including, but not limited to,
all of the following:
(1) Incentives that encourage regional centers to meet or exceed
performance standards.
(2) Levels of probationary status for regional centers that do not
meet, or are at risk of not meeting, performance standards. The
department shall require that corrective action be taken by any
regional center which is placed on probation. Corrective action may
include, but is not limited to, mandated consultation with designated
representatives of the Association of Regional Center Agencies or a
management team designated by the department, or both. The department
shall establish the specific timeline for the implementation of
corrective action and monitor its implementation. When a regional
center is placed on probation, the department shall provide the
appropriate area board state council
with a copy of the correction plan, timeline, and any other action
taken by the department relating to the probationary status of the
regional center.
(e) In order to evaluate the regional center's compliance with its
contract performance objectives and legal obligations related to
those objectives, the department shall do both of the following:
(1) Annually assess each regional center's achievement of its
previous year's objectives and make the assessment, including
baseline data and performance objectives of the individual regional
centers, available to the public. The department may make a special
commendation of the regional centers that have best engaged the
community in the development of contract performance objectives and
have made the most meaningful progress in meeting or exceeding
contract performance objectives.
(2) Monitor the activities of the regional center to ensure
compliance with the provisions of its contracts, including, but not
limited to, reviewing all of the following:
(A) The regional center's public process for compliance with the
procedures sets forth in paragraph (2) of subdivision (c).
(B) Each regional center's performance objectives for compliance
with the criteria set forth in paragraph (1) of subdivision (c).
(C) Any public comments on regional center performance objectives
sent to the department or to the regional centers, and soliciting
public input on the public process and final performance standards.
(f) The renewal of each contract shall be contingent upon
compliance with the contract including, but not limited to, the
performance objectives, as determined through the department's
evaluation.
SEC. 39. Section 4635 of the Welfare
and Institutions Code is amended to read:
4635. (a) If any regional center finds that it is unable to
comply with the requirements of this division or its contract with
the state, the regional center shall be responsible for informing the
department immediately that it does not expect to fulfill its
contractual obligations. Failure to provide the notification to the
department in a timely manner shall constitute grounds for possible
revocation or nonrenewal of the contract. If any regional center
makes a decision to cancel or not renew its contract with the
department, the regional center shall give a minimum of 90 days'
written notice of its decision.
(b) (1) If the department finds that any regional center is not
fulfilling its contractual obligations, the department shall make
reasonable efforts to resolve the problem within a reasonable period
of time with the cooperation of the regional center, including the
action described in paragraph (2) of subdivision (b) of Section 4629
or renegotiation of the contract.
(2) If the department's efforts to resolve the problem are not
successful, the department shall issue a letter of noncompliance. The
letter of noncompliance shall state the noncompliant activities and
establish a specific timeline for the development and implementation
of a corrective action plan. The department shall approve the plan
and monitor its implementation. Letters of noncompliance shall be
made available to the public upon request. The letter of
noncompliance shall not include privileged or confidential consumer
information or information that would violate the privacy rights of
regional center board members or employees. The department shall
notify the appropriate area board state
council and shall provide the area board
state council with a copy of the corrective action plan,
the timeline, and any other action taken by the department relating
to the requirements for corrective action.
(c) If the department finds that any regional center continues to
fail in fulfilling its contractual obligations after reasonable
efforts have been made, and finds that other regional centers are
able to fulfill similar obligations under similar contracts, and
finds that it will be in the best interest of the persons being
served by the regional center, the department shall take steps to
terminate the contract and to negotiate with another governing board
to provide regional center services in the area. These findings may
also constitute grounds for possible nonrenewal of the contract in
addition to, or in lieu of, other grounds.
(d) If the department makes a decision to cancel or not renew its
contract with the regional center, the department shall give a
minimum of 90 days' written notice of its decision, unless it has
determined that the 90 days' notice would jeopardize the health or
safety of the regional center's consumers, or constitutes willful
misuse of state funds, as determined by the Attorney General. Within
14 days after receipt of the notice, the regional center may make a
written protest to the department of the decision to terminate or not
renew the contract. In that case, the department shall: (1) arrange
to meet with the regional center and the appropriate area
board state council within 30 days after receipt
of the protest to discuss the decision and to provide its rationale
for the termination or nonrenewal of the contract, and to discuss any
feasible alternatives to termination or nonrenewal, including the
possibility of offering a limited term contract of less than one
fiscal year; and (2) initiate the procedures for resolving disputes
contained in Section 4632. To the extent allowable under state and
federal law, any outstanding audit exceptions or other deficiency
reports, appeals, or protests shall be made available and subject to
discussion at the meeting arranged under clause (1).
(e) When terminating or not renewing a regional center contract
and negotiating with another governing board for a regional center
contract, the department shall do all of the following:
(1) Notify the area board, State Council on
Developmental Disabilities, all personnel employed by the regional
center, all service providers to the regional center, and all
consumers of the regional center informing them that it proposes to
terminate or not renew the contract with the regional center, and
that the state will continue to fulfill its obligations to ensure a
continuity of services, as required by state law, through a contract
with a new governing board.
(2) Issue a request for proposals prior to selecting and
negotiating with another governing board for a regional center
contract. The local area board state council
shall review all proposals and make recommendations to the
department.
(3) Request the area board state council
and any other community agencies to assist the state by
locating or organizing a new governing board to contract with the
department to operate the regional center in the area. Area
boards The state council shall cooperate with
the department when that assistance is requested.
(4) Provide any assistance which that
may be required to ensure that the transfer of responsibility
to a new regional center will be accomplished with minimum disruption
to the clients of the service program.
(f) In no event shall the procedures for termination or nonrenewal
of a regional center contract limit or abridge the state's authority
to contract with any duly authorized organization for the purpose of
service delivery, nor shall these procedures be interpreted to
represent a continued contractual obligation beyond the limits of any
fiscal year contract.
SEC. 40. Section 4640.6 of the Welfare
and Institutions Code is amended to read:
4640.6. (a) In approving regional center contracts, the
department shall ensure that regional center staffing patterns
demonstrate that direct service coordination are the highest
priority.
(b) Contracts between the department and regional centers shall
require that regional centers implement an emergency response system
that ensures that a regional center staff person will respond to a
consumer, or individual acting on behalf of a consumer, within two
hours of the time an emergency call is placed. This emergency
response system shall be operational 24 hours per day, 365 days per
year.
(c) Contracts between the department and regional centers shall
require regional centers to have service coordinator-to-consumer
ratios, as follows:
(1) An average service coordinator-to-consumer ratio of 1 to 62
for all consumers who have not moved from the developmental centers
to the community since April 14, 1993. In no case shall a service
coordinator for these consumers have an assigned caseload in excess
of 79 consumers for more than 60 days.
(2) An average service coordinator-to-consumer ratio of 1 to 45
for all consumers who have moved from a developmental center to the
community since April 14, 1993. In no case shall a service
coordinator for these consumers have an assigned caseload in excess
of 59 consumers for more than 60 days.
(3) Commencing January 1, 2004, the following
coordinator-to-consumer ratios shall apply:
(A) All consumers three years of age and younger and for consumers
enrolled in the Home and Community-based Services Waiver program for
persons with developmental disabilities, an average service
coordinator-to-consumer ratio of 1 to 62.
(B) All consumers who have moved from a developmental center to
the community since April 14, 1993, and have lived continuously in
the community for at least 12 months, an average service
coordinator-to-consumer ratio of 1 to 62.
(C) All consumers who have not moved from the developmental
centers to the community since April 14, 1993, and who are not
described in subparagraph (A), an average service
coordinator-to-consumer ratio of 1 to 66.
(4) For purposes of paragraph (3), service coordinators may have a
mixed caseload of consumers three years of age and younger,
consumers enrolled in the Home and Community-based Services Waiver
program for persons with developmental disabilities, and other
consumers if the overall average caseload is weighted proportionately
to ensure that overall regional center average service
coordinator-to-consumer ratios as specified in paragraph (3) are met.
For purposes of paragraph (3), in no case shall a service
coordinator have an assigned caseload in excess of 84 for more than
60 days.
(d) For purposes of this section, "service coordinator" means a
regional center employee whose primary responsibility includes
preparing, implementing, and monitoring consumers' individual program
plans, securing and coordinating consumer services and supports, and
providing placement and monitoring activities.
(e) In order to ensure that caseload ratios are maintained
pursuant to this section, each regional center shall provide service
coordinator caseload data to the department, annually for each fiscal
year. The data shall be submitted in the format, including the
content, prescribed by the department. Within 30 days of receipt of
data submitted pursuant to this subdivision, the department shall
make a summary of the data available to the public upon request. The
department shall verify the accuracy of the data when conducting
regional center fiscal audits. Data submitted by regional centers
pursuant to this subdivision shall:
(1) Only include data on service coordinator positions as defined
in subdivision (d). Regional centers shall identify the number of
positions that perform service coordinator duties on less than a
full-time basis. Staffing ratios reported pursuant to this
subdivision shall reflect the appropriate proportionality of these
staff to consumers served.
(2) Be reported separately for service coordinators whose caseload
includes any of the following:
(A) Consumers who are three years of age and older and who have
not moved from the developmental center to the community since April
14, 1993.
(B) Consumers who have moved from a developmental center to the
community since April 14, 1993.
(C) Consumers who are younger than three years of age.
(D) Consumers enrolled in the Home and Community-based Services
Waiver program.
(3) Not include positions that are vacant for more than 60 days or
new positions established within 60 days of the reporting month that
are still vacant.
(4) For purposes of calculating caseload ratios for consumers
enrolled in the Home and Community-based Services Waiver program,
vacancies shall not be included in the calculations.
(f) The department shall provide technical assistance and require
a plan of correction for any regional center that, for two
consecutive reporting periods, fails to maintain service coordinator
caseload ratios required by this section or otherwise demonstrates an
inability to maintain appropriate staffing patterns pursuant to this
section. Plans of correction shall be developed following input from
the local area board, state council,
local organizations representing consumers, family members, regional
center employees, including recognized labor organizations, and
service providers, and other interested parties.
(g) Contracts between the department and regional center shall
require the regional center to have, or contract for, all of the
following areas:
(1) Criminal justice expertise to assist the regional center in
providing services and support to consumers involved in the criminal
justice system as a victim, defendant, inmate, or parolee.
(2) Special education expertise to assist the regional center in
providing advocacy and support to families seeking appropriate
educational services from a school district.
(3) Family support expertise to assist the regional center in
maximizing the effectiveness of support and services provided to
families.
(4) Housing expertise to assist the regional center in
accessing affordable housing for consumers in independent or
supportive living arrangements.
(5) Community integration expertise to assist consumers and
families in accessing integrated services and supports and improved
opportunities to participate in community life.
(6) Quality assurance expertise, to assist the regional center to
provide the necessary coordination and cooperation with the
area board state council, in conducting
quality-of-life assessments and coordinating the regional center
quality assurance efforts.
(7) Each regional center shall employ at least one consumer
advocate who is a person with developmental disabilities.
(8) Other staffing arrangements related to the delivery of
services that the department determines are necessary to ensure
maximum cost-effectiveness and to ensure that the service needs of
consumers and families are met.
(h) Any regional center proposing a staffing arrangement that
substantially deviates from the requirements of this section shall
request a waiver from the department. Prior to granting a waiver, the
department shall require a detailed staffing proposal, including,
but not limited to, how the proposed staffing arrangement will
benefit consumers and families served, and shall demonstrate clear
and convincing support for the proposed staffing arrangement from
constituencies served and impacted, that include, but are not limited
to, consumers, families, providers, advocates, and recognized labor
organizations. In addition, the regional center shall submit to the
department any written opposition to the proposal from organizations
or individuals, including, but not limited to, consumers, families,
providers, and advocates, including recognized labor organizations.
The department may grant waivers to regional centers that
sufficiently demonstrate that the proposed staffing arrangement is in
the best interest of consumers and families served, complies with
the requirements of this chapter, and does not violate any
contractual requirements. A waiver shall be approved by the
department for up to 12 months, at which time a regional center may
submit a new request pursuant to this subdivision.
(i) From February 1, 2009, to June 30, 2010, inclusive, the
following shall not apply:
(1) The service coordinator-to-consumer ratio requirements of
paragraph (1), and subparagraph (C) of paragraph (3), of subdivision
(c).
(2) The requirements of subdivision (e). The regional centers
shall, instead, maintain sufficient service coordinator caseload data
to document compliance with the service coordinator-to-consumer
ratio requirements in effect pursuant to this section.
(3) The requirements of paragraphs (1) to (6), inclusive, of
subdivision (g).
(j) From July 1, 2010, until June 30, 2013, the following shall
not apply:
(1) The service coordinator-to-consumer ratio requirements of
paragraph (1), and subparagraph (C) of paragraph (3), of subdivision
(c).
(2) The requirements of paragraphs (1) to (6), inclusive, of
subdivision (g).
(k) (1) Any contract between the department and a regional center
entered into on and after January 1, 2003, shall require that all
employment contracts entered into with regional center staff or
contractors be available to the public for review, upon request. For
purposes of this subdivision, an employment contract or portion
thereof may not be deemed confidential nor unavailable for public
review.
(2) Notwithstanding paragraph (1), the social security number of
the contracting party may not be disclosed.
(3) The term of the employment contract between the regional
center and an employee or contractor shall not exceed the term of the
state's contract with the regional center.
SEC. 41. Sect ion 4646 of the
Welfare and Institutions Code is amended to read:
4646. (a) It is the intent of the Legislature to ensure that the
individual program plan and provision of services and supports by the
regional center system is centered on the individual and the family
of the individual with developmental disabilities and takes into
account the needs and preferences of the individual and the family,
where appropriate, as well as promoting community integration,
independent, productive, and normal lives, and stable and healthy
environments. It is the further intent of the Legislature to ensure
that the provision of services to consumers and their families be
effective in meeting the goals stated in the individual program plan,
reflect the preferences and choices of the consumer, and reflect the
cost-effective use of public resources.
(b) The individual program plan is developed through a process of
individualized needs determination. The individual with developmental
disabilities and, where appropriate, his or her parents, legal
guardian or conservator, or authorized representative, shall have the
opportunity to actively participate in the development of the plan.
(c) An individual program plan shall be developed for any person
who, following intake and assessment, is found to be eligible for
regional center services. These plans shall be completed within 60
days of the completion of the assessment. At the time of intake, the
regional center shall inform the consumer and, where appropriate, his
or her parents, legal guardian or conservator, or authorized
representative, of the services available through the local
area board state council and the protection and
advocacy agency designated by the Governor pursuant to federal law,
and shall provide the address and telephone numbers of those
agencies.
(d) Individual program plans shall be prepared jointly by the
planning team. Decisions concerning the consumer's goals, objectives,
and services and supports that will be included in the consumer's
individual program plan and purchased by the regional center or
obtained from generic agencies shall be made by agreement between the
regional center representative and the consumer or, where
appropriate, the parents, legal guardian, conservator, or authorized
representative at the program plan meeting.
(e) Regional centers shall comply with the request of a consumer,
or when appropriate, the request of his or her parents, legal
guardian, conservator, or authorized representative, that a
designated representative receive written notice of all meetings to
develop or revise his or her individual program plan and of all
notices sent to the consumer pursuant to Section 4710. The designated
representative may be a parent or family member.
(f) If a final agreement regarding the services and supports to be
provided to the consumer cannot be reached at a program plan
meeting, then a subsequent program plan meeting shall be convened
within 15 days, or later at the request of the consumer or, when
appropriate, the parents, legal guardian, conservator, or authorized
representative or when agreed to by the planning team. Additional
program plan meetings may be held with the agreement of the regional
center representative and the consumer or, where appropriate, the
parents, legal guardian, conservator, or authorized representative.
(g) An authorized representative of the regional center and the
consumer or, when appropriate, his or her parent, legal guardian,
conservator, or authorized representative shall sign the individual
program plan prior to its implementation. If the consumer or, when
appropriate, his or her parent, legal guardian, conservator, or
authorized representative, does not agree with all components of the
plan, he or she may indicate that disagreement on the plan.
Disagreement with specific plan components shall not prohibit the
implementation of services and supports agreed to by the consumer or,
when appropriate, his or her parent, legal guardian, conservator, or
authorized representative. If the consumer or, when appropriate, his
or her parent, legal guardian, conservator, or authorized
representative, does not agree with the plan in whole or in part, he
or she shall be sent written notice of the fair hearing rights, as
required by Section 4701.
(h) (1) A regional center shall communicate in the consumer's
native language, or, when appropriate, the native language of his or
her family, legal guardian, conservator, or authorized
representative, during the planning process for the individual
program plan, including during the program plan meeting, and
including providing alternative communication services, as required
by Sections 11135 to 11139.7, inclusive, of the Government Code and
implementing regulations.
(2) A regional center shall provide alternative communication
services, including providing a copy of the individual program plan
in the native language of the consumer or his or her family, legal
guardian, conservator, or authorized representative, or both, as
required by Sections 11135 to 11139.7, inclusive, of the Government
Code and implementing regulations.
(3) The native language of the consumer or his or her family,
legal guardian, conservator, or authorized representative, or both,
shall be documented in the individual program plan.
SEC. 42. Section 4646.5 of the Welfare
and Institutions Code is amended to read:
4646.5. (a) The planning process for the individual program plan
described in Section 4646 shall include all of the following:
(1) Gathering information and conducting assessments to determine
the life goals, capabilities and strengths, preferences, barriers,
and concerns or problems of the person with developmental
disabilities. For children with developmental disabilities, this
process should include a review of the strengths, preferences, and
needs of the child and the family unit as a whole. Assessments shall
be conducted by qualified individuals and performed in natural
environments whenever possible. Information shall be taken from the
consumer, his or her parents and other family members, his or her
friends, advocates, authorized representative, if applicable,
providers of services and supports, and other agencies. The
assessment process shall reflect awareness of, and sensitivity to,
the lifestyle and cultural background of the consumer and the family.
(2) A statement of goals, based on the needs, preferences, and
life choices of the individual with developmental disabilities, and a
statement of specific, time-limited objectives for implementing the
person's goals and addressing his or her needs. These objectives
shall be stated in terms that allow measurement of progress or
monitoring of service delivery. These goals and objectives should
maximize opportunities for the consumer to develop relationships, be
part of community life in the areas of community participation,
housing, work, school, and leisure, increase control over his or her
life, acquire increasingly positive roles in community life, and
develop competencies to help accomplish these goals.
(3) When developing individual program plans for children,
regional centers shall be guided by the principles, process, and
services and support parameters set forth in Section 4685.
(4) When developing an individual program plan for a transition
age youth or working age adult, the planning team shall consider the
Employment First Policy described in Chapter 14 (commencing with
Section 4868).
(5) A schedule of the type and amount of services and supports to
be purchased by the regional center or obtained from generic agencies
or other resources in order to achieve the individual program plan
goals and objectives, and identification of the provider or providers
of service responsible for attaining each objective, including, but
not limited to, vendors, contracted providers, generic service
agencies, and natural supports. The individual program plan shall
specify the approximate scheduled start date for services and
supports and shall contain timelines for actions necessary to begin
services and supports, including generic services.
(6) When agreed to by the consumer, the parents, legally appointed
guardian, or authorized representative of a minor consumer, or the
legally appointed conservator of an adult consumer or the authorized
representative, including those appointed pursuant to
subdivision (d) of Section 4548, subparagraph (A) of
paragraph (2) of subdivision (e) of Section 4540, subdivision
(b) of Section 4701.6, and subdivision (e) of Section 4705, a review
of the general health status of the adult or child, including
medical, dental, and mental health needs, shall be conducted. This
review shall include a discussion of current medications, any
observed side effects, and the date of the last review of the
medication. Service providers shall cooperate with the planning team
to provide any information necessary to complete the health status
review. If any concerns are noted during the review, referrals shall
be made to regional center clinicians or to the consumer's physician,
as appropriate. Documentation of health status and referrals shall
be made in the consumer's record by the service coordinator.
(7) (A) The development of a transportation access plan for a
consumer when all of the following conditions are met:
(i) The regional center is purchasing private, specialized
transportation services or services from a residential, day, or other
provider, excluding vouchered service providers, to transport the
consumer to and from day or work services.
(ii) The planning team has determined that a consumer's community
integration and participation could be safe and enhanced through the
use of public transportation services.
(iii) The planning team has determined that generic transportation
services are available and accessible.
(B) To maximize independence and community integration and
participation, the transportation access plan shall identify the
services and supports necessary to assist the consumer in accessing
public transportation and shall comply with Section 4648.35. These
services and supports may include, but are not limited to, mobility
training services and the use of transportation aides. Regional
centers are encouraged to coordinate with local public transportation
agencies.
(8) A schedule of regular periodic review and reevaluation to
ascertain that planned services have been provided, that objectives
have been fulfilled within the times specified, and that consumers
and families are satisfied with the individual program plan and its
implementation.
(b) For all active cases, individual program plans shall be
reviewed and modified by the planning team, through the process
described in Section 4646, as necessary, in response to the person's
achievement or changing needs, and no less often than once every
three years. If the consumer or, where appropriate, the consumer's
parents, legal guardian, authorized representative, or conservator
requests an individual program plan review, the individual program
shall be reviewed within 30 days after the request is submitted.
(c) (1) The department, with the participation of representatives
of a statewide consumer organization, the Association of Regional
Center Agencies, an organized labor organization representing service
coordination staff, and the Organization of Area Boards
state council shall prepare training material
and a standard format and instructions for the preparation of
individual program plans, which embody an approach centered on the
person and family.
(2) Each regional center shall use the training materials and
format prepared by the department pursuant to paragraph (1).
(3) The department shall biennially review a random sample of
individual program plans at each regional center to ensure that these
plans are being developed and modified in compliance with Section
4646 and this section.
SEC. 43. Section 4648 of the Welfare
and Institutions Code is amended to read:
4648. In order to achieve the stated objectives of a consumer's
individual program plan, the regional center shall conduct
activities, including, but not limited to, all of the following:
(a) Securing needed services and supports.
(1) It is the intent of the Legislature that services and supports
assist individuals with developmental disabilities in achieving the
greatest self-sufficiency possible and in exercising personal
choices. The regional center shall secure services and supports that
meet the needs of the consumer, as determined in the consumer's
individual program plan, and within the context of the individual
program plan, the planning team shall give highest preference to
those services and supports which would allow minors with
developmental disabilities to live with their families, adult persons
with developmental disabilities to live as independently as possible
in the community, and that allow all consumers to interact with
persons without disabilities in positive, meaningful ways.
(2) In implementing individual program plans, regional centers,
through the planning team, shall first consider services and supports
in natural community, home, work, and recreational settings.
Services and supports shall be flexible and individually tailored to
the consumer and, where appropriate, his or her family.
(3) A regional center may, pursuant to vendorization or a
contract, purchase services or supports for a consumer from any
individual or agency which that the
regional center and consumer or, where when
appropriate, his or her parents, legal guardian, or
conservator, or authorized representatives, determines will best
accomplish all or any part of that consumer's program plan.
(A) Vendorization or contracting is the process for
identification, selection, and utilization of service vendors or
contractors, based on the qualifications and other requirements
necessary in order to provide the service.
(B) A regional center may reimburse an individual or agency for
services or supports provided to a regional center consumer if the
individual or agency has a rate of payment for vendored or contracted
services established by the department, pursuant to this division,
and is providing services pursuant to an emergency vendorization or
has completed the vendorization procedures or has entered into a
contract with the regional center and continues to comply with the
vendorization or contracting requirements. The director shall adopt
regulations governing the vendorization process to be utilized by the
department, regional centers, vendors and the individual or agency
requesting vendorization.
(C) Regulations shall include, but not be limited to: the vendor
application process, and the basis for accepting or denying an
application; the qualification and requirements for each category of
services that may be provided to a regional center consumer through a
vendor; requirements for emergency vendorization; procedures for
termination of vendorization; the procedure for an individual or an
agency to appeal any vendorization decision made by the department or
regional center.
(D) A regional center may vendorize a licensed facility for
exclusive services to persons with developmental disabilities at a
capacity equal to or less than the facility's licensed capacity. A
facility already licensed on January 1, 1999, shall continue to be
vendorized at their full licensed capacity until the facility agrees
to vendorization at a reduced capacity.
(E) Effective July 1, 2009, notwithstanding any other
provision of law or regulation to the contrary, a regional
center shall not newly vendor a State Department of Social Services
licensed 24-hour residential care facility with a licensed capacity
of 16 or more beds, unless the facility qualifies for receipt of
federal funds under the Medicaid Program.
(4) Notwithstanding subparagraph (B) of paragraph (3), a regional
center may contract or issue a voucher for services and supports
provided to a consumer or family at a cost not to exceed the maximum
rate of payment for that service or support established by the
department. If a rate has not been established by the department, the
regional center may, for an interim period, contract for a specified
service or support with, and establish a rate of payment for, any
provider of the service or support necessary to implement a consumer'
s individual program plan. Contracts may be negotiated for a period
of up to three years, with annual review and subject to the
availability of funds.
(5) In order to ensure the maximum flexibility and availability of
appropriate services and supports for persons with developmental
disabilities, the department shall establish and maintain an
equitable system of payment to providers of services and supports
identified as necessary to the implementation of a consumers'
individual program plan. The system of payment shall include
provision for a rate to ensure that the provider can meet the special
needs of consumers and provide quality services and supports in the
least restrictive setting as required by law.
(6) The regional center and the consumer, or where
when appropriate, his or her parents, legal
guardian, conservator, or authorized representative, including those
appointed pursuant to subdivision (d) of Section 4548,
subparagraph (A) of paragraph (2) of subdivision (e)
of Section 4540, subdivision (b) of Section 4701.6,
or subdivision (e) of Section 4705, shall, pursuant to the individual
program plan, consider all of the following when selecting a
provider of consumer services and supports:
(A) A provider's ability to deliver quality services or supports
which that can accomplish all or part
of the consumer's individual program plan.
(B) A provider's success in achieving the objectives set forth in
the individual program plan.
(C) Where When
appropriate, the existence of licensing, accreditation, or
professional certification.
(D) The cost of providing services or supports of comparable
quality by different providers, if available, shall be reviewed, and
the least costly available provider of comparable service, including
the cost of transportation, who is able to accomplish all or part of
the consumer's individual program plan, consistent with the
particular needs of the consumer and family as identified in the
individual program plan, shall be selected. In determining the least
costly provider, the availability of federal financial participation
shall be considered. The consumer shall not be required to use the
least costly provider if it will result in the consumer moving from
an existing provider of services or supports to more restrictive or
less integrated services or supports.
(E) The consumer's choice of providers, or, where
when appropriate, the consumer's parent's, legal
guardian's, authorized representative's, or conservator's choice of
providers.
(7) No service or support provided by any agency or individual
shall be continued unless the consumer or, where
when appropriate, his or her parents, legal guardian, or
conservator, or authorized representative, including those appointed
pursuant to subdivision (d) of Section 4548,
subparagraph (A) of paragraph (2) of subdivision (e) of Section 4540,
subdivision (b) of Section 4701.6, or subdivision (e) of
Section 4705, is satisfied and the regional center and the consumer
or, when appropriate, the person's parents or legal guardian or
conservator agree that planned services and supports have been
provided, and reasonable progress toward objectives have been made.
(8) Regional center funds shall not be used to supplant the budget
of any agency that has a legal responsibility to serve all members
of the general public and is receiving public funds for providing
those services.
(9) (A) A regional center may, directly or through an agency
acting on behalf of the center, provide placement in, purchase of, or
follow-along services to persons with developmental disabilities in,
appropriate community living arrangements, including, but not
limited to, support service for consumers in homes they own or lease,
foster family placements, health care facilities, and licensed
community care facilities. In considering appropriate placement
alternatives for children with developmental disabilities, approval
by the child's parent or guardian shall be obtained before placement
is made.
(B) Effective July 1, 2012, notwithstanding any other law or
regulation to the contrary, regulation,
a regional center shall not purchase residential services from a
State Department of Social Services licensed 24-hour residential care
facility with a licensed capacity of 16 or more beds. This
prohibition on regional center purchase of residential services shall
not apply to any of the following:
(i) A residential facility with a licensed capacity of 16 or more
beds that has been approved to participate in the department's Home
and Community Based Services Waiver or another existing waiver
program or certified to participate in the Medi-Cal program.
(ii) A residential facility service provider that has a written
agreement and specific plan prior to July 1, 2012, with the vendoring
regional center to downsize the existing facility by transitioning
its residential services to living arrangements of 15 beds or less or
restructure the large facility to meet federal Medicaid eligibility
requirements on or before June 30, 2013.
(iii) A residential facility licensed as a mental health
rehabilitation center by the State Department of Mental Health or
successor agency under any of the following circumstances:
(I) The facility is eligible for Medicaid reimbursement.
(II) The facility has a department-approved plan in place by June
30, 2013, to transition to a program structure eligible for federal
Medicaid funding, and this transition will be completed by June 30,
2014. The department may grant an extension for the date by which the
transition will be completed if the facility demonstrates that it
has made significant progress toward transition, and states with
specificity the timeframe by which the transition will be completed
and the specified steps that will be taken to accomplish the
transition. A regional center may pay for the costs of care and
treatment of a consumer residing in the facility on June 30, 2012,
until June 30, 2013, inclusive, and, if the facility has a
department-approved plan in place by June 30, 2013, may continue to
pay the costs under this subparagraph until June 30, 2014, or until
the end of any period during which the department has granted an
extension.
(III)
There is an emergency circumstance in which the regional center
determines that it cannot locate alternate federally eligible
services to meet the consumer's needs. Under such an emergency
circumstance, an assessment shall be completed by the regional center
as soon as possible and within 30 days of admission. An individual
program plan meeting shall be convened immediately following the
assessment to determine the services and supports needed for
stabilization and to develop a plan to transition the consumer from
the facility into the community. If transition is not expected within
90 days of admission, an individual program plan meeting shall be
held to discuss the status of transition and to determine if the
consumer is still in need of placement in the facility. Commencing
October 1, 2012, this determination shall be made after also
considering resource options identified by the statewide specialized
resource service. If it is determined that emergency services
continue to be necessary, the regional center shall submit an updated
transition plan that can cover a period of up to 90 days. In no
event shall placements under these emergency circumstances exceed 180
days.
(C) (i) Effective July 1, 2012, notwithstanding any other law or
regulation to the contrary, regulation,
a regional center shall not purchase new residential services from,
or place a consumer in, institutions for mental disease, as described
in Part 5 (commencing with Section 5900) of Division 5, for which
federal Medicaid funding is not available. Effective July 1, 2013,
this prohibition applies regardless of the availability of federal
funding.
(ii) The prohibition described in clause (i) shall not apply to
emergencies, as determined by the regional center, when a regional
center cannot locate alternate services to meet the consumer's needs.
As soon as possible within 30 days of admission due to an emergency,
an assessment shall be completed by the regional center. An
individual program plan meeting shall be convened immediately
following the assessment, to determine the services and supports
needed for stabilization and to develop a plan to transition the
consumer from the facility to the community. If transition is not
expected within 90 days of admission, an emergency program plan
meeting shall be held to discuss the status of the transition and to
determine if the consumer is still in need of placement in the
facility. If emergency services continue to be necessary, the
regional center shall submit an updated transition plan to the
department for an extension of up to 90 days. Placement shall not
exceed 180 days.
(iii) To the extent feasible, prior to any admission, the regional
center shall consider resource options identified by the statewide
specialized resource service established pursuant to subdivision (b)
of Section 4418.25.
(iv) The clients' rights advocate shall be notified of each
admission and individual program planning meeting pursuant to this
subparagraph and may participate in all individual program planning
meetings unless the consumer objects on his or her own behalf.
(v) Regional centers shall complete a comprehensive assessment of
any consumer residing in an institution for mental disease as of July
1, 2012, for which federal Medicaid funding is not available, and
for any consumer residing in an institution for mental disease as of
July 1, 2013, without regard to federal funding. The comprehensive
assessment shall be completed prior to the consumer's next scheduled
individual program plan meeting and shall include identification of
the services and supports needed and the timeline for identifying or
developing those services needed to transition the consumer back to
the community. Effective October 1, 2012, the regional center shall
also consider resource options identified by the statewide
specialized resource service. For each individual program plan
meeting convened pursuant to this subparagraph, the clients' rights
advocate for the regional center shall be notified of the meeting and
may participate in the meeting unless the consumer objects on his or
her own behalf.
(D) Each A person with
developmental disabilities placed by the regional center in a
community living arrangement shall have the rights specified in this
division. These rights shall be brought to the person's attention by
any means necessary to reasonably communicate these rights to each
resident, provided that, at a minimum, the Director of Developmental
Services prepare, provide, and require to be clearly posted in all
residential facilities and day programs a poster using simplified
language and pictures that is designed to be more understandable by
persons with cognitive disabilities and that the rights information
shall also be available through the regional center to each
residential facility and day program in alternative formats,
including, but not limited to, other languages, braille, and audio
tapes, when necessary to meet the communication needs of consumers.
(E) Consumers are eligible to receive supplemental services
including, but not limited to, additional staffing, pursuant to the
process described in subdivision (d) of Section 4646. Necessary
additional staffing that is not specifically included in the rates
paid to the service provider may be purchased by the regional center
if the additional staff are in excess of the amount required by
regulation and the individual's planning team determines the
additional services are consistent with the provisions of the
individual program plan. Additional staff should be periodically
reviewed by the planning team for consistency with the individual
program plan objectives in order to determine if continued use of the
additional staff is necessary and appropriate and if the service is
producing outcomes consistent with the individual program plan.
Regional centers shall monitor programs to ensure that the additional
staff is being provided and utilized appropriately.
(10) Emergency and crisis intervention services including, but not
limited to, mental health services and behavior modification
services, may be provided, as needed, to maintain persons with
developmental disabilities in the living arrangement of their own
choice. Crisis services shall first be provided without disrupting a
person's living arrangement. If crisis intervention services are
unsuccessful, emergency housing shall be available in the person's
home community. If dislocation cannot be avoided, every effort shall
be made to return the person to his or her living arrangement of
choice, with all necessary supports, as soon as possible.
(11) Among other service and support options, planning teams shall
consider the use of paid roommates or neighbors, personal
assistance, technical and financial assistance, and all other service
and support options which would result in greater self-sufficiency
for the consumer and cost-effectiveness to the state.
(12) When facilitation as specified in an individual program plan
requires the services of an individual, the facilitator shall be of
the consumer's choosing.
(13) The community support may be provided to assist individuals
with developmental disabilities to fully participate in community and
civic life, including, but not limited to, programs, services, work
opportunities, business, and activities available to persons without
disabilities. This facilitation shall include, but not be limited to,
any of the following:
(A) Outreach and education to programs and services within the
community.
(B) Direct support to individuals which
that would enable them to more fully participate in their
community.
(C) Developing unpaid natural supports when possible.
(14) When feasible and recommended by the individual program
planning team, for purposes of facilitating better and cost-effective
services for consumers or family members, technology, including
telecommunication technology, may be used in conjunction with other
services and supports. Technology in lieu of a consumer's in-person
appearances at judicial proceedings or administrative due process
hearings may be used only if the consumer or, when appropriate, the
consumer's parent, legal guardian, conservator, or authorized
representative, gives informed consent. Technology may be used in
lieu of, or in conjunction with, in-person training for providers, as
appropriate.
(15) Other services and supports may be provided as set forth in
Sections 4685, 4686, 4687, 4688, and 4689, when necessary.
(16) Notwithstanding any other provision of law
or regulation to the contrary, regulation,
effective July 1, 2009, regional centers shall not purchase
experimental treatments, therapeutic services, or devices that have
not been clinically determined or scientifically proven to be
effective or safe or for which risks and complications are unknown.
Experimental treatments or therapeutic services include experimental
medical or nutritional therapy when the use of the product for that
purpose is not a general physician practice. For regional center
consumers receiving these services as part of their individual
program plan (IPP) or individualized family service plan (IFSP) on
July 1, 2009, this prohibition shall apply on August 1, 2009.
(b) (1) Advocacy for, and protection of, the civil, legal, and
service rights of persons with developmental disabilities as
established in this division.
(2) Whenever the advocacy efforts of a regional center to secure
or protect the civil, legal, or service rights of any of its
consumers prove ineffective, the regional center or the person with
developmental disabilities or his or her parents, legal guardian, or
other representative may request the area board to initiate
action under the provisions defining area board advocacy
functions established in this division.
assistance from the state council.
(c) The regional center may assist consumers and families
directly, or through a provider, in identifying and building circles
of support within the community.
(d) In order to increase the quality of community services and
protect consumers, the regional center shall, when appropriate, take
either of the following actions:
(1) Identify services and supports that are ineffective or of poor
quality and provide or secure consultation, training, or technical
assistance services for any agency or individual provider to assist
that agency or individual provider in upgrading the quality of
services or supports.
(2) Identify providers of services or supports that may not be in
compliance with local, state, and federal statutes and regulations
and notify the appropriate licensing or regulatory authority, or
request the area board state council to
investigate the possible noncompliance.
(e) When necessary to expand the availability of needed services
of good quality, a regional center may take actions that include, but
are not limited to, the following:
(1) Soliciting an individual or agency by requests for proposals
or other means, to provide needed services or supports not presently
available.
(2) Requesting funds from the Program Development Fund, pursuant
to Section 4677, or community placement plan funds designated from
that fund, to reimburse the startup costs needed to initiate a new
program of services and supports.
(3) Using creative and innovative service delivery models,
including, but not limited to, natural supports.
(f) Except in emergency situations, a regional center shall not
provide direct treatment and therapeutic services, but shall utilize
appropriate public and private community agencies and service
providers to obtain those services for its consumers.
(g) Where When there are identified
gaps in the system of services and supports or where
when there are identified consumers for whom no
provider will provide services and supports contained in his or her
individual program plan, the department may provide the services and
supports directly.
(h) At least annually, regional centers shall provide the
consumer, his or her parents, legal guardian, conservator, or
authorized representative a statement of services and supports the
regional center purchased for the purpose of ensuring that they are
delivered. The statement shall include the type, unit, month, and
cost of services and supports purchased.
SEC. 44. Section 4649 of the Welfare
and Institutions Code is amended to read:
4649. Regional centers shall cooperate with area boards
the state council in joint efforts to inform the
public of services available to persons with developmental
disabilities and of their unmet needs, provide materials and
education programs to community groups and agencies with interest in,
or responsibility for, persons with developmental disabilities, and
develop resource materials, if necessary, containing information
about local agencies, facilities, and service providers offering
services to persons with developmental disabilities.
SEC. 45. Section 4650 of the Welfare
and Institutions Code is amended to read:
4650. Regional centers shall be responsible for developing an
annual plan and program budget to be submitted to the director no
later than September 1 of each fiscal year. An information copy shall
be submitted to the area board and state council
by the same date.
SEC. 46. Section 4659 of the Welfare
and Institutions Code is amended to read:
4659. (a) Except as otherwise provided in subdivision (b) or (e),
the regional center shall identify and pursue all possible sources
of funding for consumers receiving regional center services. These
sources shall include, but not be limited to, both of the following:
(1) Governmental or other entities or programs required to provide
or pay the cost of providing services, including Medi-Cal, Medicare,
the Civilian Health and Medical Program for Uniform Services, school
districts, and federal supplemental security income and the state
supplementary program.
(2) Private entities, to the maximum extent they are liable for
the cost of services, aid, insurance, or medical assistance to the
consumer.
(b) Any revenues collected by a regional center pursuant to this
section shall be applied against the cost of services prior to use of
regional center funds for those services. This revenue shall not
result in a reduction in the regional center's purchase of services
budget, except as it relates to federal supplemental security income
and the state supplementary program.
(c) Effective July 1, 2009, notwithstanding any other
provision of law or regulation to the contrary
, regional centers shall not purchase any service that
would otherwise be available from Medi-Cal, Medicare, the Civilian
Health and Medical Program for Uniform Services, In-Home Support
Services, California Children's Services, private insurance, or a
health care service plan when a consumer or a family meets the
criteria of this coverage but chooses not to pursue that coverage.
If, on July 1, 2009, a regional center is purchasing that service as
part of a consumer's individual program plan (IPP), the prohibition
shall take effect on October 1, 2009.
(d) (1) Effective July 1, 2009, notwithstanding any other
provision of law or regulation to the contrary
, a regional center shall not purchase medical or dental
services for a consumer three years of age or older unless the
regional center is provided with documentation of a Medi-Cal, private
insurance, or a health care service plan denial and the regional
center determines that an appeal by the consumer or family of the
denial does not have merit. If, on July 1, 2009, a regional center is
purchasing the service as part of a consumer's IPP, this provision
shall take effect on August 1, 2009. Regional centers may pay for
medical or dental services during the following periods:
(A) While coverage is being pursued, but before a denial is made.
(B) Pending a final administrative decision on the administrative
appeal if the family has provided to the regional center a
verification that an administrative appeal is being pursued.
(C) Until the commencement of services by Medi-Cal, private
insurance, or a health care service plan.
(2) When necessary, the consumer or family may receive assistance
from the regional center, the Clients' Rights Advocate funded by the
department, or area boards on developmental disabilities
the state council in pursuing these appeals.
(e) This section shall not be construed to
impose any additional liability on the parents of children with
developmental disabilities, or to restrict eligibility for, or deny
services to, any individual who qualifies for regional center
services but is unable to pay.
(f) In order to best utilize generic resources, federally funded
programs, and private insurance programs for individuals with
developmental disabilities, the department and regional centers shall
engage in the following activities:
(1) Within existing resources, the department shall provide
training to regional centers, no less than once every two years, in
the availability and requirements of generic, federally funded and
private programs available to persons with developmental
disabilities, including, but not limited to, eligibility
requirements, the application process and covered services, and the
appeal process.
(2) Regional centers shall disseminate information and training to
all service coordinators regarding the availability and requirements
of generic, federally funded and private insurance programs on the
local level.
SEC. 47. Section 4662 of the Welfare
and Institutions Code is amended to read:
4662. In the case of an emergency situation involving matters
upon which prompt action is necessary due to the disruption or
threatened disruption of regional center services, an emergency
meeting may be called without complying with the advanced notice
requirement of Section 4661. For the purposes of this article,
"emergency situation" means any activity which severely impairs
public health, safety, or both, as determined by a majority of the
members of the regional center board. In these situations, advance
notice shall be provided if practicable. In addition, the
area board state council regional office shall
be notified by telephone of each emergency meeting. The minutes of an
emergency meeting, including a description of any actions taken at
the meeting, shall be mailed immediately to those persons described
in Section 4661.
SEC. 48. Section 4669.2 of the Welfare
and Institutions Code is amended to read:
4669.2. (a) Notwithstanding any other provision of
law, and provided that there shall be no reduction in
direct service to persons eligible for services under this article, a
regional center, with the approval of the State Department of
Developmental Services, and in consultation with the local
area boards, state council, consumer and vendor
advisory committees, and local advocacy organizations, may explore
and implement any regional center service delivery alternative
included in this section for consumers living in the community, as
follows:
(1) Alternative service coordination for consumers.
(2) Technical and financial support to consumers, and where
appropriate, their families, to provide or secure their own services
in lieu of services that regional centers would otherwise provide,
purchase, or secure. These programs shall be cost-effective in the
aggregate, and shall be limited to consumers who are at imminent risk
of moving to a more restrictive setting.
(3) Procedures whereby regional centers may negotiate levels of
payment with providers for delivery of specific services to a group
of consumers through a mutually agreed upon contract with a specific
term and a guaranteed reimbursement amount. Contracted services may
be for any specific service or combination of services across vendor
categories.
(4) Procedures whereby consumers, regional center representatives,
area board representatives, the state
council, and local service providers may jointly examine and
make recommendations to the department for reduced reporting and
recording requirements of regional centers. The recommendations shall
be made available upon request.
(5) Proposals to reduce reporting and recordkeeping requirements
at a regional center.
(6) Procedures whereby a regional center may lease a facility and
contract for the provision of services in that facility for regional
center clients.
(7) Procedures that encourage innovative approaches to the sharing
of administrative resources between regional centers and other
public and private agencies serving persons with developmental
disabilities.
(8) Proposals for a regional center to purchase a facility for its
own office space if it can be shown to be cost-effective.
No funds Funds from a regional center's purchase
of services budget shall not be used for this purchase.
(b) Consultation pursuant to subdivision (a) shall occur during
the development of the proposal prior to the public hearing conducted
in accordance with Section 4669.75 and after the completion of the
public hearing.
(c) The regional center shall annually submit to the State
Department of Developmental Services a report on the implementation
of the service delivery options approved by the department under this
section. The report shall review the effects of the proposal, if
applicable, upon the regional center purchase of service budget and
the state budget, the impact on other regional center services, and
the impact on consumers served under the proposal. This report shall
be completed within 90 days of the end of each fiscal year.
SEC. 49. Section 4677 of the Welfare
and Institutions Code is amended to read:
4677. (a) (1) All parental fees collected by or for regional
centers shall be remitted to the State Treasury to be deposited in
the Developmental Disabilities Program Development Fund, which is
hereby created and hereinafter called the Program Development Fund.
The purpose of the Program Development Fund shall be to provide
resources needed to initiate new programs, and to expand or convert
existing programs. Within the context of, and consistent with,
approved priorities for program development in the state plan,
program development funds shall promote integrated residential, work,
instructional, social, civic, volunteer, and recreational services
and supports that increase opportunities for self-determination and
maximum independence of persons with developmental disabilities.
Notwithstanding any other provision of law or
regulation to the contrary , commencing July 1,
2009, parental fees remitted to the State Treasury shall be deposited
in accordance with Section 4784.
(2) In no event shall an allocation from the Program Development
Fund be granted for more than 24 months.
(b) (1) The State Council on Developmental Disabilities shall, at
least once every five years, request from all regional centers
information on the types and amounts of services and supports needed,
but currently unavailable.
(2) The state council shall work collaboratively with the
department and the Association of Regional Center Agencies to develop
standardized forms and protocols that shall be used by all regional
centers and area boards the state council
in collecting and reporting this information. In addition to
identifying services and supports that are needed, but currently
unavailable, the forms and protocols shall also solicit input and
suggestions on alternative and innovative service delivery models
that would address consumer needs.
(3) In addition to the information provided pursuant to paragraph
(2), the state council may utilize information from other sources,
including, but not limited to, public hearings, quality assurance
assessments conducted pursuant to Section 4571, regional center
reports on alternative service delivery submitted to the department
pursuant to Section 4669.2, and the annual report on self-directed
services produced pursuant to Section 4685.7.
(4) The department shall provide additional information, as
requested by the state council.
(5) Based on the information provided by the regional centers and
other agencies, the state council shall develop an assessment of the
need for new, expanded, or converted community services and support,
and make that assessment available to the public. The assessment
shall include a discussion of the type and amount of services and
supports necessary but currently unavailable including the impact on
consumers with common characteristics, including, but not limited to,
disability, specified geographic regions, age, and ethnicity, face
distinct challenges. The assessment shall highlight alternative and
innovative service delivery models identified through their
assessment process.
(6) This needs assessment shall be conducted at least once every
five years and updated annually. The assessment shall be included in
the state plan and shall be provided to the department and to the
appropriate committees of the Legislature. The assessment and annual
updates shall be made available to the public. The State Council on
Developmental Disabilities, in consultation with the department,
shall make a recommendation to the Department of Finance as to the
level of funding for program development to be included in the
Governor's Budget, based upon this needs assessment.
(c) Parental fee schedules shall be evaluated pursuant to Section
4784 and adjusted annually, as needed, by the department, with the
approval of the state council. The July 1, 2009, parental fee
adjustment shall be exempt from this approval requirement. Fees for
out-of-home care shall bear an equitable relationship to the cost of
the care and the ability of the family to pay.
(d) In addition to parental fees and General Fund appropriations,
the Program Development Fund may be augmented by federal funds
available to the state for program development purposes, when these
funds are allotted to the Program Development Fund in the state plan.
The Program Development Fund is hereby appropriated to the
department, and subject to any allocations that may be made in the
annual Budget Act. In no event shall any of these funds revert to the
General Fund.
(e) The department may allocate funds from the Program Development
Fund for any legal purpose, provided that requests for proposals and
allocations are approved by the state council in consultation with
the department, and are
consistent with the priorities for program development in the state
plan. Allocations from the Program Development Fund shall take into
consideration the following factors:
(1) The future fiscal impact of the allocations on other state
supported services and supports for persons with developmental
disabilities.
(2) (A) The information on priority services
and supports needed, but currently unavailable, submitted by the
regional centers.
Consistent
(B) Consistent with the level of
need as determined in the state plan, excess parental fees may be
used for purposes other than programs specified in subdivision (a)
only when specifically appropriated to the State Department of
Developmental Services for those purposes.
(f) Under no circumstances shall the deposit of federal moneys
into the Program Development Fund be construed as requiring the State
Department of Developmental Services to comply with a definition of
"developmental disabilities" and "services for persons with
developmental disabilities" other than as specified in subdivisions
(a) and (b) of Section 4512 for the purposes of determining
eligibility for developmental services or for allocating parental
fees and state general funds deposited in the Program Development
Fund.
SEC. 50. Section 4685.8 of the Welfare
and Institutions Code is amended to read:
4685.8. (a) The department shall implement a statewide
Self-Determination Program. The Self-Determination Program shall be
available in every regional center catchment area to provide
participants and their families, within an individual budget,
increased flexibility and choice, and greater control over decisions,
resources, and needed and desired services and supports to implement
their IPP. The statewide Self-Determination Program shall be phased
in over three years, and during this phase-in period, shall serve up
to 2,500 regional center consumers, inclusive of the remaining
participants in the self-determination pilot projects authorized
pursuant to Section 13 of Chapter 1043 of the Statutes of 1998, as
amended, and Article 4 (commencing with Section 4669.2) of Chapter 5.
Following the phase-in period, the program shall be available on a
voluntary basis to all regional center consumers who are eligible for
the Self-Determination Program. The program shall be available to
individuals who reflect the disability, ethnic, and geographic
diversity of the state.
(b) The department in establishing the statewide program shall do
both of the following:
(1) For the first three years of the Self-Determination Program,
determine, as part of the contracting process described in Sections
4620 and 4629, the number of participants each regional center shall
serve in its Self-Determination Program. To ensure that the program
is available on an equitable basis to participants in all regional
center catchment areas, the number of Self-Determination Program
participants in each regional center shall be based on the relative
percentage of total consumers served by the regional centers minus
any remaining participants in the self-determination pilot projects
authorized pursuant to Section 13 of Chapter 1043 of the Statutes of
1998, as amended, and Article 4 (commencing with Section 4669.2) of
Chapter 5 or another equitable basis.
(2) Ensure all of the following:
(A) Oversight of expenditure of self-determined funds and the
achievement of participant outcomes over time.
(B) Increased participant control over which services and supports
best meet their needs and the IPP objectives. A participant's unique
support system may include the purchase of existing service
offerings from service providers or local businesses, hiring his or
her own support workers, or negotiating unique service arrangements
with local community resources.
(C) Comprehensive person-centered planning, including an
individual budget and services that are outcome based.
(D) Consumer and family training to ensure understanding of the
principles of self-determination, the planning process, and the
management of budgets, services, and staff.
(E) Choice of independent facilitators who can assist with the
person-centered planning process and choice of financial management
services providers vendored by regional centers who can assist with
payments and provide employee-related services.
(F) Innovation that will more effectively allow participants to
achieve their goals.
(c) For purposes of this section, the following definitions shall
apply:
(1) "Financial management services" means services or functions
that assist the participant to manage and direct the distribution of
funds contained in the individual budget, and ensure that the
participant has the financial resources to implement his or her IPP
throughout the year. These may include bill paying services and
activities that facilitate the employment of service and support
workers by the participant, including, but not limited to, fiscal
accounting, tax withholding, compliance with relevant state and
federal employment laws, assisting the participant in verifying
provider qualifications, including criminal background checks, and
expenditure reports. The financial management services provider shall
meet the requirements of Sections 58884, 58886, and 58887 of Title
17 of the California Code of Regulations and other specific
qualifications established by the department. The costs of financial
management services shall be paid by the participant out of his or
her individual budget, except for the cost of obtaining the criminal
background check specified in subdivision (w).
(2) "Independent facilitator" means a person, selected and
directed by the participant, who is not otherwise providing services
to the participant pursuant to his or her IPP and is not employed by
a person providing services to the participant. The independent
facilitator may assist the participant in making informed decisions
about the individual budget, and in locating, accessing, and
coordinating services and supports consistent with the participant's
IPP. He or she is available to assist in identifying immediate and
long-term needs, developing options to meet those needs, leading,
participating, or advocating on behalf of the participant in the
person-centered planning process and development of the IPP, and
obtaining identified services and supports. The cost of the
independent facilitator, if any, shall be paid by the participant out
of his or her individual budget. An independent facilitator shall
receive training in the principles of self-determination, the
person-centered planning process, and the other responsibilities
described in this paragraph at his or her own cost.
(3) "Individual budget" means the amount of regional center
purchase of service funding available to the participant for the
purchase of services and supports necessary to implement the IPP. The
individual budget shall be determined using a fair, equitable, and
transparent methodology.
(4) "IPP" means individual program plan, as described in Section
4646.
(5) "Participant" means an individual, and when appropriate, his
or her parents, legal guardian or conservator, or authorized
representative, who has been deemed eligible for, and has voluntarily
agreed to participate in, the Self-Determination Program.
(6) "Self-determination" means a voluntary delivery system
consisting of a defined and comprehensive mix of services and
supports, selected and directed by a participant through
person-centered planning, in order to meet the objectives in his or
her IPP. Self-determination services and supports are designed to
assist the participant to achieve personally defined outcomes in
community settings that promote inclusion. The Self-Determination
Program shall only fund services and supports provided pursuant to
this division that the federal Centers for Medicare and Medicaid
Services determines are eligible for federal financial participation.
(d) Participation in the Self-Determination Program is fully
voluntary. A participant may choose to participate in, and may choose
to leave, the Self-Determination Program at any time. A regional
center shall not require or prohibit participation in the
Self-Determination Program as a condition of eligibility for, or the
delivery of, services and supports otherwise available under this
division. Participation in the Self-Determination Program shall be
available to any regional center consumer who meets the following
eligibility requirements:
(1) The participant has a developmental disability, as defined in
Section 4512 4512, and is receiving
services pursuant to this division.
(2) The consumer does not live in a licensed long-term health care
facility, as defined in paragraph (44) of subdivision (a) of Section
54302 of Title 17 of the California Code of Regulations. An
individual, and when appropriate his or her parent, legal guardian or
conservator, or authorized representative, who is not eligible to
participate in the Self-Determination Program pursuant to this
paragraph may request that the regional center provide
person-centered planning services in order to make arrangements for
transition to the Self-Determination Program, provided that he or she
is reasonably expected to transition to the community within 90
days. In that case, the regional center shall initiate
person-centered planning services within 60 days of that request.
(3) The participant agrees to all of the following terms and
conditions:
(A) The participant shall receive an orientation to the
Self-Determination Program prior to enrollment, which includes the
principles of self-determination, the role of the independent
facilitator and the financial management services provider,
person-centered planning, and development of a budget.
(B) The participant shall utilize the services and supports
available within the Self-Determination Program only when generic
services and supports are not available.
(C) The participant shall only purchase services and supports
necessary to implement his or her IPP and shall comply with any and
all other terms and conditions for participation in the
Self-Determination Program described in this section.
(D) The participant shall manage Self-Determination Program
services and supports within his or her individual budget.
(E) The participant shall utilize the services of a financial
management services provider of his or her own choosing and who is
vendored by a regional center.
(F) The participant may utilize the services of an independent
facilitator of his or her own choosing for the purpose of providing
services and functions as described in paragraph (2) of subdivision
(c). If the participant elects not to use an independent facilitator,
he or she may use his or her regional center service coordinator to
provide the services and functions described in paragraph (2) of
subdivision (c).
(e) A participant who is not Medi-Cal eligible may participate in
the Self-Determination Program and receive self-determination
services and supports if all other program eligibility requirements
are met and the services and supports are otherwise eligible for
federal financial participation.
(f) An individual receiving services and supports under a
self-determination pilot project authorized pursuant to Section 13 of
Chapter 1043 of the Statutes of 1998, as amended, or pursuant to
Article 4 (commencing with Section 4669.2) of Chapter 5, may elect to
continue to receive self-determination services and supports
pursuant to this section or the regional center shall provide for the
participant's transition from the self-determination pilot program
to other services and supports. This transition shall include the
development of a new IPP that reflects the services and supports
necessary to meet the individual's needs. The regional center shall
ensure that there is no gap in services and supports during the
transition period.
(g) The additional federal financial participation funds generated
by the former participants of the self-determination pilot projects
authorized pursuant to Section 13 of Chapter 1043 of the Statutes of
1998, as amended, or pursuant to Article 4 (commencing with Section
4669.2) of Chapter 5, shall be used as follows:
(1) First, to offset the cost to the department for the criminal
background check conducted pursuant to subdivision (w), and other
administrative costs incurred by the department in implementing the
Self-Determination Program.
(2) With the remaining funds, to offset the costs to the regional
centers in implementing the Self-Determination Program, including,
but not limited to, operations costs for caseload ratio enhancement,
training for regional center staff, costs associated with the
participant's initial person-centered planning meeting, the
development of the participant's initial individual budget, and the
costs associated with training consumers and family members.
(h) If at any time during participation in the Self-Determination
Program a regional center determines that a participant is no longer
eligible to continue in, or a participant voluntarily chooses to
exit, the Self-Determination Program, the regional center shall
provide for the participant's transition from the Self-Determination
Program to other services and supports. This transition shall include
the development of a new IPP that reflects the services and supports
necessary to meet the individual's needs. The regional center shall
ensure that there is no gap in services and supports during the
transition period.
(i) An individual determined to be ineligible for or who
voluntarily exits the Self-Determination Program shall be permitted
to return to the Self-Determination Program upon meeting all
applicable eligibility criteria and upon approval of the participant'
s planning team, as described in subdivision (j) of Section 4512. An
individual who has voluntarily exited the Self-Determination Program
shall not return to the program for at least 12 months. During the
first three years of the program, the individual's right to return to
the program is conditioned on his or her regional center not having
reached the participant cap imposed by paragraph (1) of subdivision
(b).
(j) An individual who participates in the Self-Determination
Program may elect to continue to receive self-determination services
and supports if he or she transfers to another regional center
catchment area, provided that he or she remains eligible for the
Self-Determination Program pursuant to subdivision (d). The balance
of the participant's individual budget shall be reallocated to the
regional center to which he or she transfers.
(k) The IPP team shall utilize the person-centered planning
process to develop the IPP for a participant. The IPP shall detail
the goals and objectives of the participant that are to be met
through the purchase of participant-selected services and supports.
The IPP team shall determine the individual budget to ensure the
budget assists the participant to achieve the outcomes set forth in
his or her IPP and ensures his or her health and safety. The
completed individual budget shall be attached to the IPP.
(l) The participant shall implement his or her IPP, including
choosing and purchasing the services and supports allowable under
this section necessary to implement the plan. A participant is exempt
from the cost control restrictions regarding the purchases of
services and supports pursuant to Sections 4648.5 and 4686.5. A
regional center shall not prohibit the purchase of any service or
support that is otherwise allowable under this section.
(m) A participant shall have all the rights established in
Sections 4646 to 4646.6, inclusive, and Chapter 7 (commencing with
Section 4700).
(n) (1) Except as provided in paragraph (4), the IPP team shall
determine the initial and any revised individual budget for the
participant using the following methodology:
(A) (i) Except as specified in clause (ii), for a participant who
is a current consumer of the regional center, his or her individual
budget shall be the total amount of the most recently available 12
months of purchase of service expenditures for the participant.
(ii) An adjustment may be made to the amount specified in clause
(i) if both of the following occur:
(I) The IPP team determines that an adjustment to this amount is
necessary due to a change in the participant's circumstances, needs,
or resources that would result in an increase or decrease in purchase
of service expenditures, or the IPP team identifies prior needs or
resources that were unaddressed in the IPP, which would have resulted
in an increase or decrease in purchase of service expenditures.
(II) The regional center certifies on the individual budget
document that regional center expenditures for the individual budget,
including any adjustment, would have occurred regardless of the
individual's participation in the Self-Determination Program.
(iii) For purposes of clauses (i) and (ii), the amount of the
individual budget shall not be increased to cover the cost of the
independent facilitator or the financial management services.
(B) For a participant who is either newly eligible for regional
center services or who does not have 12 months of purchase service
expenditures, his or her individual budget shall be calculated as
follows:
(i) The IPP team shall identify the services and supports needed
by the participant and available resources, as required by Section
4646.
(ii) The regional center shall calculate the cost of providing the
services and supports to be purchased by the regional center by
using the average cost paid by the regional center for each service
or support unless the regional center determines that the consumer
has a unique need that requires a higher or lower cost. The regional
center shall certify on the individual budget document that this
amount would have been expended using regional center purchase of
service funds regardless of the individual's participation in the
Self-Determination Program.
(iii) For purposes of clauses (i) and (ii), the amount of the
individual budget shall not be increased to cover the cost of the
independent facilitator or the financial management services.
(2) The amount of the individual budget shall be available to the
participant each year for the purchase of program services and
supports. An individual budget shall be calculated no more than once
in a 12-month period, unless revised to reflect a change in
circumstances, needs, or resources of the participant using the
process specified in clause (ii) of subparagraph (A) of paragraph
(1).
(3) The individual budget shall be assigned to uniform budget
categories developed by the department in consultation with
stakeholders and distributed according to the timing of the
anticipated expenditures in the IPP and in a manner that ensures that
the participant has the financial resources to implement his or her
IPP throughout the year.
(4) The department, in consultation with stakeholders, may develop
alternative methodologies for individual budgets that are computed
in a fair, transparent, and equitable manner and are based on
consumer characteristics and needs, and that include a method for
adjusting individual budgets to address a participant's change in
circumstances or needs.
(o) Annually, participants may transfer up to 10 percent of the
funds originally distributed to any budget category set forth in
paragraph (3) of subdivision (n) to another budget category or
categories. Transfers in excess of 10 percent of the original amount
allocated to any budget category may be made upon the approval of the
regional center or the participant's IPP team.
(p) Consistent with the implementation date of the IPP, the IPP
team shall annually ascertain from the participant whether there are
any circumstances or needs that require a change to the annual
individual budget. Based on that review, the IPP team shall calculate
a new individual budget consistent with the methodology identified
in subdivision (n).
(q) (1) On or before December 31, 2014, the department shall apply
for federal Medicaid funding for the Self-Determination Program by
doing one or more of the following:
(A) Applying for a state plan amendment.
(B) Applying for an amendment to a current home- and
community-based waiver for individuals with developmental
disabilities.
(C) Applying for a new waiver.
(D) Seeking to maximize federal financial participation through
other means.
(2) To the extent feasible, the state plan amendment, waiver, or
other federal request described in paragraph (1) shall incorporate
the eligibility requirements, benefits, and operational requirements
set forth in this section. Except for the provisions of subdivisions
(k), (m), (p), and this subdivision, the department may modify
eligibility requirements, benefits, and operational requirements as
needed to secure approval of federal funding.
(3) Contingent upon approval of federal funding, the
Self-Determination Program shall be established.
(r) (1) The department, as it determines necessary, may adopt
regulations to implement the procedures set forth in this section.
Any regulations shall be adopted in accordance with the requirements
of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division
3 of Title 2 of the Government Code.
(2) Notwithstanding paragraph (1) and Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code, and only to the extent that all necessary federal approvals are
obtained, the department, without taking any further regulatory
action, shall implement, interpret, or make specific this section by
means of program directives or similar instructions until the time
regulations are adopted. It is the intent of the Legislature that the
department be allowed this temporary authority as necessary to
implement program changes only until completion of the regulatory
process.
(s) The department, in consultation with stakeholders, shall
develop informational materials about the Self-Determination Program.
The department shall ensure that regional centers are trained in the
principles of self-determination, the mechanics of the
Self-Determination Program, and the rights of consumers and families
as candidates for, and participants in, the Self-Determination
Program.
(t) Each regional center shall be responsible for implementing the
Self-Determination Program as a term of its contract under Section
4629. As part of implementing the program, the regional center shall
do both of the following:
(1) Contract with local consumer or family-run organizations to
conduct outreach through local meetings or forums to consumers and
their families to provide information about the Self-Determination
Program and to help ensure that the program is available to a diverse
group of participants, with special outreach to underserved
communities.
(2) Collaborate with the local consumer or family-run
organizations identified in paragraph (1) to jointly conduct training
about the Self-Determination Program.
(u) The financial management services provider shall provide the
participant and the regional center service coordinator with a
monthly individual budget statement that describes the amount of
funds allocated by budget category, the amount spent in the previous
30-day period, and the amount of funding that remains available under
the participant's individual budget.
(v) Only the financial management services provider is required to
apply for vendorization in accordance with Subchapter 2 (commencing
with Section 54300) of Chapter 3 of Division 2 of Title 17
of the California Code of Regulations, for the Self-Determination
Program. All other service and support providers shall not be on the
federal debarment list and shall have applicable state licenses,
certifications, or other state required documentation, including
documentation of any other qualifications required by the department,
but are exempt from the vendorization requirements set forth in
Title 17 of the California Code of Regulations when serving
participants in the Self-Determination Program.
(w) To protect the health and safety of participants in the
Self-Determination Program, the department shall require a criminal
background check in accordance with all of the following:
(1) The department shall issue a program directive that identifies
nonvendored providers of services and supports who shall obtain a
criminal background check pursuant to this subdivision. At a
minimum minimum, these staff shall include both
of the following:
(A) Individuals who provide direct personal care services to a
participant.
(B) Other nonvendored providers of services and supports for whom
a criminal background check is requested by a participant or the
participant's financial management service.
(2) Subject to the procedures and requirements of this
subdivision, the department shall administer criminal background
checks consistent with the department's authority and the process
described in Sections 4689.2 to 4689.6, inclusive.
(3) The department shall electronically submit to the Department
of Justice fingerprint images and related information required by the
Department of Justice of nonvendored providers of services and
supports, as specified in paragraph (1), for the purposes of
obtaining information as to the existence and content of a record of
state or federal convictions and state or federal arrests and also
information as to the existence and content of a record of state or
federal arrests for which the Department of Justice establishes that
the person is free on bail or on his or her recognizance pending
trial or appeal.
(4) When received, the Department of Justice shall forward to the
Federal Bureau of Investigation requests for federal summary criminal
history information received pursuant to this section. The
Department of Justice shall review the information returned from the
Federal Bureau of Investigation and compile and disseminate a
response to the department.
(5) The Department of Justice shall provide a state or federal
response to the department pursuant to paragraph (1) of subdivision
(p) of Section 11105 of the Penal Code.
(6) The department shall request from the Department of Justice
subsequent notification service, as provided pursuant to Section
11105.2 of the Penal Code, for persons described in paragraph (1).
(7) The Department of Justice shall charge a fee sufficient to
cover the cost of processing the request described in this
subdivision.
(8) The fingerprints of any provider of services and supports
who is required to obtain a criminal background check shall be
submitted to the Department of Justice prior to employment. The costs
of the fingerprints and the financial management service's
administrative cost authorized by the department shall be paid by the
services and supports provider or his or her employing agency. Any
administrative costs incurred by the department pursuant to this
subdivision shall be offset by the funds specified in subdivision
(g).
(9) If the criminal record information report shows a criminal
history, the department shall take the steps specified in Section
4689.2. The department may prohibit a provider of services and
supports from becoming employed, or continuing to be employed, based
on the criminal background check, as authorized in Section 4689.6.
The provider of services and supports who has been denied employment
shall have the rights set forth in Section 4689.6.
(10) The department may utilize a current department-issued
criminal record clearance to enable a provider to serve more than one
participant, as long as the criminal record clearance has been
processed through the department and no subsequent arrest
notifications have been received relative to the cleared applicant.
(11) Consistent with subdivision (h) of Section 4689.2, the
participant or financial management service that denies or terminates
employment based on written notification from the department shall
not incur civil liability or unemployment insurance liability.
(x) To ensure the effective implementation of the
Self-Determination Program and facilitate the sharing of best
practices and training materials commencing with the implementation
of the Self-Determination Program, local and statewide advisory
committees shall be established as follows:
(1) Each regional center shall establish a local volunteer
advisory committee to provide oversight of the Self-Determination
Program. The regional center and the area board
State Council on Developmental Disabilities
shall each appoint one-half of the membership of the committee. The
committee shall consist of the regional center clients' rights
advocate, consumers, family members, and other advocates, and
community leaders. A majority of the committee shall be consumers and
their family members. The committee shall reflect the multicultural
diversity and geographic profile of the catchment area. The committee
shall review the development and ongoing progress of the
Self-Determination Program, including whether the program advances
the principles of self-determination and is operating consistent with
the requirements of this section, and may make ongoing
recommendations for improvement to the regional center and the
department.
(2) The State Council on Developmental Disabilities shall form a
volunteer committee, to be known as the Statewide Self-Determination
Advisory Committee, comprised of the chairs of the 21 local advisory
committees or their designees. The council shall convene the
Statewide Self-Determination Advisory Committee twice annually, or
more frequently in the sole discretion of the council. The Statewide
Self-Determination Advisory Committee shall meet by teleconference or
other means established by the council, to identify
self-determination best practices, effective consumer and family
training materials, implementation concerns, systemic issues, ways to
enhance the program, and recommendations regarding the most
effective method for participants to learn of individuals who are
available to provide services and supports. The council shall
synthesize information received from the Statewide Self-Determination
Advisory Committee, local advisory committees, and other sources,
shall share the information with consumers, families, regional
centers, and the department, and shall make recommendations, as
appropriate, to increase the program's effectiveness in furthering
the principles of self-determination.
(y) Commencing January 10, 2017, the department shall annually
provide the following information to the appropriate policy and
fiscal committees of the Legislature:
(1) Number and characteristics of participants, by regional
center.
(2) Types and amount of services and supports purchased under the
Self-Determination Program, by regional center.
(3) Range and average of individual budgets, by regional center,
including adjustments to the budget to address the adjustments
permitted in clause (ii) of subparagraph (A) of paragraph (1) of
subdivision (n).
(4) The number and outcome of appeals concerning individual
budgets, by regional center.
(5) The number and outcome of fair hearing appeals, by regional
center.
(6) The number of participants who voluntarily withdraw from the
Self-Determination Program and a summary of the reasons why, by
regional center.
(7) The number of participants who are subsequently determined to
no longer be eligible for the Self-Determination Program and a
summary of the reasons why, by regional center.
(z) (1) The State Council on Developmental Disabilities, in
collaboration with the protection and advocacy agency identified in
Section 4900 and the federally funded University Centers for
Excellence in Developmental Disabilities Education, Research, and
Service, may work with regional centers to survey participants
regarding participant satisfaction under the Self-Determination
Program, and, when data is available, the traditional service
delivery system, including the proportion of participants who report
that their choices and decisions are respected and supported and who
report that they are able to recruit and hire qualified service
providers, and to identify barriers to participation and
recommendations for improvement.
(2) The council, in collaboration with the protection and advocacy
agency identified in Section 4900 and the federally funded
University Centers for Excellence in Developmental Disabilities
Education, Research, and Service, shall issue a report to the
Legislature, in compliance with Section 9795 of the Government Code,
no later than three years following the approval of the federal
funding on the status of the Self-Determination Program authorized by
this section, and provide recommendations to enhance the
effectiveness of the program. This review shall include the program's
effectiveness in furthering the principles of self-determination,
including all of the following:
(A) Freedom, which includes the ability of adults with
developmental disabilities to exercise the same rights as all
citizens; to establish, with freely chosen supporters, family and
friends, where they want to live, with whom they want to live, how
their time will be occupied, and who supports them; and, for
families, to have the freedom to receive unbiased assistance of their
own choosing when developing a plan and to select all personnel and
supports to further the life goals of a minor child.
(B) Authority, which includes the ability of a person with a
disability, or family, to control a certain sum of dollars in order
to purchase services and supports of their choosing.
(C) Support, which includes the ability to arrange resources and
personnel, both formal and informal, that will assist a person with a
disability to live a life in his or her community that is rich in
community participation and contributions.
(D) Responsibility, which includes the ability of participants to
take responsibility for decisions in their own lives and to be
accountable for the use of public dollars, and to accept a valued
role in their community through, for example, competitive employment,
organizational affiliations, spiritual development, and general
caring of others in their community.
(E) Confirmation, which includes confirmation of the critical role
of participants and their families in making decisions in their own
lives and designing and operating the system that they rely on.
SEC. 51. Section 4701 of the Welfare
and Institutions Code is amended to read:
4701. "Adequate notice" means a written notice informing the
applicant, recipient, and authorized representative of at least all
of the following:
(a) The action that the service agency proposes to take, including
a statement of the basic facts upon which the service agency is
relying.
(b) The reason or reasons for that action.
(c) The effective date of that action.
(d) The specific law, regulation, or policy supporting the action.
(e) The responsible state agency with whom a state appeal may be
filed, including the address of the state agency director.
(f) That if a fair hearing is requested, the claimant has the
following rights:
(1) The opportunity to be present in all proceedings and to
present written and oral evidence.
(2) The opportunity to confront and cross-examine witnesses.
(3) The right to appear in person with counsel or other
representatives of his or her own choosing.
(4) The right to access to records pursuant to Article 5
(commencing with Section 4725).
(5) The right to an interpreter.
(g) Information on availability of advocacy assistance, including
referral to the developmental center or regional center clients'
rights advocate, area board, the State
Council on Developmental Disabilities, publicly funded legal
services corporations, and other publicly or privately funded
advocacy organizations, including the protection and advocacy system
required under federal Public Law 95-602, the Developmental
Disabilities Assistance and Bill of Rights Act (42 U.S.C.A. Sec. 6000
et seq.).
(h) The fair hearing procedure, including deadlines, access to
service agency records under Article 5 (commencing with Section
4725), the opportunity to request an informal meeting to resolve the
issue or issues, and the opportunity to request mediation which shall
be voluntary for both the claimant and the service agency.
(i) If the claimant has requested an informal meeting, information
that it shall be held within 10 days of the date the hearing request
form is received by the service agency.
(j) The option of requesting mediation prior to a fair hearing, as
provided in Section 4711.5. Nothing in this
This section shall not preclude the claimant or his
or her authorized representative from proceeding directly to a fair
hearing in the event that mediation is unsuccessful.
(k) The fair hearing shall be completed and a final administrative
decision rendered within 90 days of the date the hearing request
form is received by the service agency, unless the fair hearing
request has been withdrawn or the time period has been extended in
accordance with this chapter.
( l ) Prior to a voluntary informal meeting, voluntary
mediation or a fair hearing, the claimant or his or her authorized
representative shall have the right to examine any or all documents
contained in the individual's service agency file. Access to records
shall be provided pursuant to Article 5 (commencing with Section
4725).
(m) An explanation that a request for mediation may constitute a
waiver of the rights of a medicaid home and community-based waiver
participant to receive a fair hearing decision within 90 days of the
date the hearing request form is received by the service agency, as
specified in subdivision (c) of Section 4711.5.
(n) That if a request for a fair hearing by a recipient is
postmarked or received by a service agency no later than 10 days
after receipt of the notice of the proposed action mailed pursuant to
subdivision (a) of Section 4710, current services shall continue as
provided in Section 4715. The notice shall be in clear, nontechnical
language in English. If the claimant or authorized representative
does not comprehend English, the notice shall be provided in
such any other language as the claimant or
authorized representative comprehends.
(o) A statement indicating whether the recipient is a participant
in the home and community-based services waiver.
SEC. 52. Section 4702.6 of the Welfare
and Institutions Code is amended to read:
4702.6. "Hearing request form" means a document that shall
include the name, address, and birth date of the claimant, date of
request, reason for the request, and name, address, and relationship
to the claimant of the authorized representative, if any, and whether
the claimant is a participant in the medicaid home and
community-based waiver. The hearing request form shall also indicate
whether the claimant or his or her authorized representative is
requesting mediation. A copy of the appointment of the authorized
representative, by the claimant or the area board
State Council on Developmental Disabilities if any, shall
also be included.
SEC. 53. Section 4705 of the Welfare
and Institutions Code is amended to read:
4705. (a) (1) Every service agency shall,
as a condition of continued receipt of state funds, have an agency
fair hearing procedure for resolving conflicts between the service
agency and recipients of, or applicants for, service. The State
Department of Developmental Services shall promulgate regulations to
implement this chapter by July 1, 1999, which shall be binding on
every service agency.
Any
(2) Any public or private agency
receiving state funds for the purpose of serving persons with
developmental disabilities not otherwise subject to the provisions of
this chapter shall, as a condition of continued receipt of state
funds, adopt and periodically review a written internal grievance
procedure.
(b) An agency that employs a fair hearing procedure mandated by
any other statute shall be considered to have an approved procedure
for purposes of this chapter.
(c) The service agency's mediation and fair hearing procedure
shall be stated in writing, in English and any other language that
may be appropriate to the needs of the consumers of the agency's
service. A copy of the procedure and a copy of the provisions of this
chapter shall be prominently displayed on the premises of the
service agency.
(d) All recipients and applicants, and persons having legal
responsibility for recipients or applicants, shall be informed
verbally of, and shall be notified in writing in a language which
they comprehend of, the service agency's mediation and fair hearing
procedure when they apply for service, when they are denied service,
when notice of service modification is given pursuant to Section
4710, and upon request.
(e) If, in the opinion of any person, the rights or interests of a
claimant who has not personally authorized a representative will not
be properly protected or advocated, the local area board
State Council on Developmental Disabilities and
the clients' right advocate assigned to the regional center or
developmental center shall be notified, and the area board
State Council on Developmental Disabilities may
appoint a person or agency as representative, pursuant to
subdivision (d) of Section 4548, subparagraph (A) of
paragraph (2) of subdivision (e) of Section 4540, to assist the
claimant in the mediation and fair hearing procedure. The
appointment shall be in writing to the authorized representative and
a copy of the appointment shall be immediately mailed to the service
agency director.
SEC. 54. Section 4775 of the Welfare
and Institutions Code is amended to read:
4775. The Legislature finds that the method of appropriating
funds for numerous programs for the developmentally disabled affects
the availability and distribution of services and must be related to
statewide planning. Therefore, the process for determining levels of
funding of programs must involve consideration of the state plan
established pursuant to Chapter 3 (commencing with Section
4560) 4561) of this division and the
participation of citizens who may be directly affected by funding
decisions.
SEC. 55. Section 4830 of the Welfare
and Institutions Code is amended to read:
4830. As used in this chapter:
(a) "Continuum" means a coordinated multicomponent services system
within the geographic borders of each of the 13 area boards
on developmental disabilities regional offices of the
State Council on Developmental Disabilities whose design shall
support the sequential developmental needs of persons such
so that the pattern of these services provides
an unbroken chain of experience, maximum personal growth and liberty.
(b) "Normalization" means making available programs, methods, and
titles which that are culturally
normative, and patterns and conditions of everyday life
which that are as close as possible to the norms
and patterns of the mainstream of society.
(c) "Designated agency" means the legal entity selected by the
State Department of Developmental Services to be
responsible for organizing or providing services within each
continuum or both.
SEC. 56. Section 4831 of the Welfare
and Institutions Code is amended to read:
4831. The State Department of Developmental Services may develop
the design and phase-in plan for continuums and may designate one or
more designated agencies to implement community living continuums
throughout the state, after consideration of a recommendation from
the respective area board on developmental disabilities
State Council on Developmental Disabilities in
conjunction with recommendations from the appropriate regional
center.
SEC. 57. Section 4832 of the Welfare
and Institutions Code is amended to read:
4832. An area board (a)
The State Council on Developmental Disabilities may review
and evaluate existing and proposed community living arrangement
programs within their jurisdiction the
various regions of the state and may make a recommendation to
the Director of the Department of Developmental
Services concerning programs which that
should be considered as the most appropriate agency to be designated
as responsible for the implementation of the community living
continuum within their area. These programs shall include, but not be
limited to, those which that have been
funded through the issuance of Mental Retardation Private
Institutions' Fund grants, Developmental Disability Community
Development grants, and model state hospital programs. Consideration
shall be given to all of the following:
(a)
(1) Private nonprofit corporations.
(b)
(2) Public agencies.
(c)
(3) A joint powers agreement agency.
At
(b) At least one-third of the
board of directors, public or private or an advisory committee in the
event a public agency is selected, shall be composed of consumer
representatives, including members of the immediate family of the
consumer.
No
(c) A person shall not
serve as a director or advisory committee member who has a financial
interest, as defined in Section 87103 of the Government Code, in
designated agency operations, except with respect to any interest as
a consumer of a designated agency or regional center services.
SEC. 58. Section 4835 of the Welfare
and Institutions Code is amended to read:
4835. (a) The Director of Developmental
Services may establish uniform operational procedures, performance
and evaluation standards and utilization criteria for designated
agencies pursuant to this chapter.
These
(b) These standards and criteria
shall be developed with participation by consumer organizations,
area boards on developmental disabilities,
the State Council on Developmental Disabilities, the
Association of Regional Center Agencies, the State Department of
Social Services, the State Department of Health Care Services, the
State Department of Education, and the Department of Rehabilitation,
and consultations with individuals with experience in developmental
services programming.
