Bill Text: CA AB1687 | 2013-2014 | Regular Session | Chaptered

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Bill Title: Persons with Developmental Disabilities Bill of Rights.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2014-07-23 - Chaptered by Secretary of State - Chapter 178, Statutes of 2014. [AB1687 Detail]

Download: California-2013-AB1687-Chaptered.html

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BILL NUMBER: AB 1687	CHAPTERED
	BILL TEXT

	CHAPTER  178
	FILED WITH SECRETARY OF STATE  JULY 23, 2014
	APPROVED BY GOVERNOR  JULY 23, 2014
	PASSED THE SENATE  JULY 3, 2014
	PASSED THE ASSEMBLY  MAY 5, 2014
	AMENDED IN ASSEMBLY  MARCH 26, 2014

INTRODUCED BY   Assembly Member Conway

                        FEBRUARY 13, 2014

   An act to amend Section 4502 of, to amend the heading of Chapter 1
(commencing with Section 4500) of Division 4.5 of, to add the
heading of Chapter 1.3 (commencing with Section 4502) to, and to add
the heading of Chapter 1.6 (commencing with Section 4507) to,
Division 4.5 of, the Welfare and Institutions Code, relating to
developmental services.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1687, Conway. Persons with Developmental Disabilities Bill of
Rights.
   Existing law, the Lanterman Developmental Disabilities Services
Act, requires the State Department of Developmental Services to
contract with regional centers to provide fixed points of contact in
the community for persons with developmental disabilities and their
families, and to ensure that a person with developmental disabilities
has access to the services and supports best suited to the person
throughout his or her lifetime. Existing law states the intent of the
Legislature that persons with developmental disabilities have
certain rights, including a right to prompt medical care and
treatment and a right to be free from harm, including abuse or
neglect. Existing law grants specified rights to a person with
developmental disabilities who has been admitted or committed to a
state hospital, community care facility, or health facility,
including the right to have access to individual storage space for
private use and a right to see visitors each day. Existing law
requires a developmental center to immediately report resident deaths
and certain serious injuries, including a sexual assault, to the
local law enforcement agency having jurisdiction over the city or
county in which the developmental center is located.
   This bill would recast those rights as the Persons with
Developmental Disabilities Bill of Rights. The bill would include, as
a right to persons with developmental disabilities, the right to a
prompt investigation of any alleged abuse against them.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The heading of Chapter 1 (commencing with Section 4500)
of Division 4.5 of the Welfare and Institutions Code is amended to
read:
      CHAPTER 1.  TITLE AND INTENT


  SEC. 2.  The heading of Chapter 1.3 (commencing with Section 4502)
is added to Division 4.5 of the Welfare and Institutions Code, to
read:
      CHAPTER 1.3.  PERSONS WITH DEVELOPMENTAL DISABILITIES BILL OF
RIGHTS


  SEC. 3.  Section 4502 of the Welfare and Institutions Code is
amended to read:
   4502.  (a) Persons with developmental disabilities have the same
legal rights and responsibilities guaranteed all other individuals by
the United States Constitution and laws and the Constitution and
laws of the State of California. An otherwise qualified person by
reason of having a developmental disability shall not be excluded
from participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity that receives public
funds.
   (b) It is the intent of the Legislature that persons with
developmental disabilities shall have rights including, but not
limited to, the following:
   (1) A right to treatment and habilitation services and supports in
the least restrictive environment. Treatment and habilitation
services and supports should foster the developmental potential of
the person and be directed toward the achievement of the most
independent, productive, and normal lives possible. Such services
shall protect the personal liberty of the individual and shall be
provided with the least restrictive conditions necessary to achieve
the purposes of the treatment, services, or supports.
   (2) A right to dignity, privacy, and humane care. To the maximum
extent possible, treatment, services, and supports shall be provided
in natural community settings.
   (3) A right to participate in an appropriate program of publicly
supported education, regardless of degree of disability.
   (4) A right to prompt medical care and treatment.
   (5) A right to religious freedom and practice.
   (6) A right to social interaction and participation in community
activities.
   (7) A right to physical exercise and recreational opportunities.
   (8) A right to be free from harm, including unnecessary physical
restraint, or isolation, excessive medication, abuse, or neglect.
   (9) A right to be free from hazardous procedures.
   (10) A right to make choices in their own lives, including, but
not limited to, where and with whom they live, their relationships
with people in their community, the way they spend their time,
including education, employment, and leisure, the pursuit of their
personal future, and program planning and implementation.
   (11) A right to a prompt investigation of any alleged abuse
against them.
  SEC. 4.  The heading of Chapter 1.6 (commencing with Section 4507)
is added to Division 4.5 of the Welfare and Institutions Code, to
read:
      CHAPTER 1.6.  GENERAL PROVISIONS