Bill Text: CA AB1258 | 2017-2018 | Regular Session | Amended
Bill Title: Developmental services.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2018-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1258 Detail]
Download: California-2017-AB1258-Amended.html
|
Amended
IN
Assembly
March 30, 2017 |
CALIFORNIA LEGISLATURE—
2017–2018 REGULAR SESSION
| Assembly Bill | No. 1258 |
| Introduced by Assembly Member Aguiar-Curry |
February 17, 2017 |
An act to amend Section 4502 of the Welfare and Institutions Code, relating to developmental services.
LEGISLATIVE COUNSEL'S DIGEST
AB 1258, as amended, Aguiar-Curry.
Developmental services.
Existing law, the Lanterman Developmental Disabilities Services Act, requires the State Department of Developmental Services to contract with regional centers to provide services and supports to individuals with developmental disabilities. 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.
This bill would make technical, nonsubstantive changes to those provisions. instead provide that persons with developmental disabilities have the rights described above. The bill would also specify that it is declaratory of existing law that
those rights apply to a person with developmental disabilities in a developmental center, community placement, or other housing placement.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
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 to all other individuals by the Constitution and laws of the United States 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 Persons with developmental disabilities shall have rights including, but not limited to, all of 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. These 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.
(c) It is declaratory of existing law that the rights enumerated pursuant to subdivision (b) apply to a person with developmental disabilities in a developmental center, community placement, or other housing placement.
