Bill Text: CA SB468 | 2013-2014 | Regular Session | Chaptered
Bill Title: Developmental services: statewide Self-Determination
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Passed) 2013-10-09 - Chaptered by Secretary of State. Chapter 683, Statutes of 2013. [SB468 Detail]
Download: California-2013-SB468-Chaptered.html
BILL NUMBER: SB 468 CHAPTERED
BILL TEXT
CHAPTER 683
FILED WITH SECRETARY OF STATE OCTOBER 9, 2013
APPROVED BY GOVERNOR OCTOBER 9, 2013
PASSED THE SENATE SEPTEMBER 11, 2013
PASSED THE ASSEMBLY SEPTEMBER 11, 2013
AMENDED IN ASSEMBLY SEPTEMBER 6, 2013
AMENDED IN ASSEMBLY AUGUST 21, 2013
AMENDED IN ASSEMBLY AUGUST 6, 2013
AMENDED IN SENATE MAY 28, 2013
AMENDED IN SENATE APRIL 25, 2013
AMENDED IN SENATE APRIL 15, 2013
INTRODUCED BY Senators Emmerson and Beall
(Coauthors: Assembly Members Chesbro and Mitchell)
FEBRUARY 21, 2013
An act to add Section 4685.8 to the Welfare and Institutions Code,
relating to developmental services.
LEGISLATIVE COUNSEL'S DIGEST
SB 468, Emmerson. Developmental services: statewide
Self-Determination Program.
Under existing law, the Lanterman Developmental Disabilities
Services Act, the State Department of Developmental Services
contracts with regional centers to provide services and supports to
individuals with developmental disabilities. Under existing law, the
regional centers purchase needed services and supports for
individuals with developmental disabilities through approved service
providers, or arrange for their provision through other publicly
funded agencies. The services and supports to be provided to a
regional center consumer are contained in an individual program plan
(IPP), developed in accordance with prescribed requirements. Existing
law establishes, contingent upon approval of a federal waiver, the
Self-Directed Services Program, and requires the program to be
available in every regional center catchment area to provide
participants, within an individual budget, greater control over
needed services and supports.
This bill would require the department, contingent upon approval
of federal funding, to establish and implement a state
Self-Determination Program, as defined, that would 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, in
accordance with prescribed requirements. The statewide program would
be phased in over 3 years, serving up to 2,500 regional center
consumers during the phase-in period, and thereafter, available on a
voluntary basis to all eligible regional center consumers. The bill
would require the department to, among other things, apply for
federal funding for the program by December 31, 2014.
This bill would provide that program participants receive an
individual budget, as prescribed, to be used for the purchase of
services and supports necessary to implement the participant's IPP.
The bill would require program participants to agree to, among other
things, manage self-determination services and supports within the
individual budget. The bill would require the department to require
nonvendored providers of services and supports who meet specified
criteria to submit to a criminal background check, as specified. The
bill would require the department, with respect to this background
check, to submit fingerprint images and related information to the
Department of Justice, and would require the Department of Justice to
provide specified responses to the department. The bill would
require the Department of Justice to charge a fee sufficient to cover
the cost of processing this request. The bill would, among other
things, require each regional center to be responsible for
implementing the program as a term of its contract, and to establish
a local voluntary advisory committee to provide oversight of the
project. The bill would require the State Council on Developmental
Disabilities to form a volunteer statewide committee to, among other
things, identify self-determination best practices. The bill would
require the State Council on Developmental Disabilities, in
collaboration with specified entities, to issue to the Legislature a
report regarding the status of the program and recommendations to the
program, as specified, and would require the department, beginning
January 10, 2017, to provide to the appropriate policy and fiscal
committees of the Legislature prescribed information relating to the
program.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) In 1998, the Legislature expanded the Lanterman Developmental
Disabilities Services Act to include self-determination pilot
projects. Those pilot projects were continued by the Legislature in
2002 and 2003. However, the pilot projects were only available at
three regional centers pursuant to Section 13 of Chapter 1043 of the
Statutes of 1998, as amended, and two additional regional centers
pursuant to Article 4 (commencing with Section 4669.2) of Chapter 5
of Division 4.5 of the Welfare and Institutions Code, and the number
of individuals served by the local self-determination pilot projects
remains small at about 140 regional center consumers.
(b) As reflected in the State Department of Developmental Services
2002 Report to the Legislature, the pilot projects remain an
innovative, cost-effective, and successful way of providing services
to regional center consumers and their families. The findings in the
report show that self-determination pilot project participants were
happy and experienced more freedom and responsibility in controlling
the direction of their services and life choices, and the project was
cost neutral in the aggregate. The report also found that good
self-determination requires intensive person-centered planning,
collaboration, and follow-along services and supports.
(c) Most other states have self-directed or self-determination
services as a model for providing services. Many California consumers
and families have asked for a statewide expansion of the pilot
project believing it will do the following: increase innovative and
effective services, eliminate bureaucracy, and increase choices for
consumers and parents, thereby allowing them to increase their
control of services and supports by easily navigating increasingly
complex service systems.
(d) Consumers in traditionally underserved linguistic, cultural,
socioeconomic, and ethnic communities have unique challenges in
accessing needed regional center services that have been impacted by
service limitations imposed as a response to California's recent
budget shortfalls. This is particularly true for consumers living at
home with a parent or guardian. The Self-Determination Program offers
increased service flexibility, which will help promote access to
needed services for these consumers and their families.
(e) This act allows for voluntary participation in the
Self-Determination Program in all 21 regional centers and ensures
cost-neutrality and a consistent statewide method of administration.
The intent of this act is to ensure that the program is available to
all consumers regardless of geographic location, economic or
educational background, or race or ethnicity.
(f) To ensure these outcomes are achieved, it is the intent of the
Legislature that the State Department of Developmental Services and
regional centers be responsible for oversight and monitoring of funds
used for the Self-Determination Program and the achievement of
consumer outcomes.
(g) In addition, the intent of this act is that the
Self-Determination Program be phased in over a three-year period and
that the program will continue to be available to all consumers as an
option after the initial phase-in period ends.
SEC. 2. Section 4685.8 is added to the Welfare and Institutions
Code, 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 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 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
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 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.
