Bill Text: CA AB175 | 2025-2026 | Regular Session | Enrolled

Bill Title: Developmental services: community placement plans and community resource development plans.

Sponsorship: Committee Bill

Status: (Enrolled) 2026-09-08 - Enrolled and presented to the Governor at 3:30 p.m. [AB175 Detail]

Download: California-2025-AB175-Enrolled.html

Enrolled  September 01, 2026
Passed  IN  Senate  August 31, 2026
Passed  IN  Assembly  August 31, 2026
Amended  IN  Senate  August 28, 2026

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

Assembly Bill
No. 175

Introduced by Committee on Budget (Assembly Members Gabriel (Chair), Addis, Ahrens, Alvarez, Bennett, Bonta, Caloza, Connolly, Fong, Haney, Hart, Jackson, Lee, Ortega, Patel, Petrie-Norris, Quirk-Silva, Ramos, Rogers, Schiavo, Schultz, Sharp-Collins, Solache, Stefani, Ward, and Wilson)

January 08, 2025

An act to amend Sections 4437, 4474.17, 4648, 4677, 4679.1, 4684.50, 4684.53, 4684.55, 4684.58, 4684.81, 4698, and 4781.6 of, and to amend, repeal, and add Sections 4418.25 and 4679 of, the Welfare and Institutions Code, relating to developmental services, and making an appropriation therefor, to take effect immediately, bill related to the budget.


LEGISLATIVE COUNSEL'S DIGEST


AB 175, Committee on Budget. Developmental services: community placement plans and community resource development plans.
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 persons with developmental disabilities and their families. Existing law requires the department to establish policies and procedures for the development of an annual community placement plan by regional centers, and requires the plan to provide dedicated funding for comprehensive assessments of developmental center residents, identified costs of moving individuals from developmental centers to the community, and deflection of individuals from developmental center admission. Existing law requires the department’s policies in this regard to address statewide priorities, plan requirements, and the statutory roles of regional centers, developmental centers, and regional resource development projects in the process of assessing consumers for community living and in the development of community resources. Existing law requires the department to establish guidelines for using community placement plan funds appropriated through the budget process for community resource development to address the needs for services and supports of developmental services consumers living in the community, as specified. Existing law establishes procedures for regional centers relating to the proposed use of community resource development plan funds, requires regional centers to submit to the department quarterly reports on the use of those funds, and requires the department to make reports to specified legislative staff and committees in connection with community resource development plans and activities.
This bill would revise and recast these provisions to replace the term “community placement plan” with “community resource development plan” and make other clarifying and conforming changes.
This bill would incorporate additional changes to Section 4474.17 of the Welfare and Institutions Code proposed by AB 2414 to be operative only if this bill and AB 2414 are both enacted and this bill is enacted last.
This bill would appropriate $1,500,000 from the Federal Trust Fund to the department to support receipt of federal grant awards related to early intervention services, as specified.
This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
Vote: MAJORITY   Appropriation: YES   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 4418.25 of the Welfare and Institutions Code is amended to read:

4418.25.
 (a) (1) The department shall establish policies and procedures for the development of an annual community placement plan by regional centers. The community placement plan shall be based upon an individual program plan process as referred to in subdivision (a) of Section 4418.3 and shall be linked to the development of the annual State Budget. The department’s policies shall address statewide priorities, plan requirements, and the statutory roles of regional centers, developmental centers, and regional resource development projects in the process of assessing consumers for community living and in the development of community resources.
(2) (A) In addition to the existing priorities to support the closure of the developmental centers and the development of services and supports to transition individuals from restrictive settings, including institutions for mental disease, the department also shall establish guidelines by which community placement plan funds appropriated through the budget process may be utilized for community resource development to address the needs for services and supports of consumers living in the community in accordance with Section 4679.
(B) The department may allocate funds to regional centers for purposes of community resource development as provided in this paragraph when the department determines that sufficient funding has been appropriated and reserved for a fiscal year for development of the resources that are necessary to address the needs of persons moving from a developmental center pursuant to Section 4474.11, and no sooner than 30 days after the department has provided notice of this determination to the Joint Legislative Budget Committee and the appropriate policy and fiscal committees of the Legislature.
(b) (1) To reduce reliance on developmental centers and mental health facilities, including institutions for mental disease as described in Part 5 (commencing with Section 5900) of Division 5, for which federal funding is not available, and out-of-state placements, the department shall establish a statewide specialized resource service that does all of the following:
(A) Tracks the availability of specialty residential beds and services.
(B) Tracks the availability of specialty clinical services.
(C) Coordinates the need for specialty services and supports in conjunction with regional centers.
(D) Identifies, subject to federal reimbursement, developmental center services and supports that can be made available to consumers residing in the community, when no other community resource has been identified.
(2) By September 1, 2012, regional centers shall provide the department with information about all specialty resources developed with the use of community placement plan funds and shall make these resources available to other regional centers.
(3) When allocating funding for community placement plans, priority shall be given to the development of needed statewide specialty services and supports, including regional community crisis homes.
(4) If approved by the director, funding may be allocated to facilities that meet the criteria of Sections 1267.75 and 1531.15 of the Health and Safety Code.
(5) The department shall not provide community placement plan funds to develop programs that are ineligible for federal funding participation unless approved by the director.
(c) (1) The community placement plan shall provide for dedicated funding for comprehensive assessments of developmental center residents, for identified costs of moving individuals from developmental centers to the community, and for deflection of individuals from developmental center admission. The plans shall, where appropriate, include budget requests for regional center operations, assessments, resource development, and ongoing placement costs. These budget requests are intended to provide supplemental funding to regional centers. The plan is not intended to limit the department’s or regional centers’ responsibility to otherwise conduct assessments and individualized program planning, and to provide needed services and supports in the least restrictive, most integrated setting in accord with the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500)).
(2) (A) Regional centers shall complete a comprehensive assessment of a consumer residing in a developmental center on July 1, 2012, who meets both of the following criteria:
(i) The consumer is not committed pursuant to Section 1370.1 of the Penal Code.
(ii) The consumer has not had such an assessment in the prior two years.
(B) The assessment shall include input from the regional center, the consumer, and, if appropriate, the consumer’s family, legal guardian, conservator, or authorized representative, and shall identify the types of community-based services and supports available to the consumer that would enable the consumer to move to a community setting. Necessary services and supports not currently available in the community setting shall be considered for development pursuant to community placement planning and funding.
(C) Regional centers shall specify in the annual community placement plan how they will complete the required assessment and the timeframe for completing the assessment for each consumer. Initial assessments pursuant to this paragraph for individuals residing in a developmental center on July 1, 2012, shall be completed by December 31, 2015, unless a regional center demonstrates to the department that an extension of time is necessary and the department grants such an extension.
(D) The assessment completed in the prior two years, or the assessment completed pursuant to the requirements of this section, including any updates pursuant to subparagraph (E), shall be provided to both of the following:
(i) The individual program planning team and clients’ rights advocate for the regional center in order to assist the planning team in determining the least restrictive environment for the consumer.
(ii) The superior court with jurisdiction over the consumer’s placement at the developmental center, including the consumer’s attorney of record and other parties known to the regional center. For judicial proceedings pursuant to Article 2 (commencing with Section 6500) of Chapter 2 of Part 2 of Division 6, the comprehensive assessment shall be included in the regional center’s written report required by Section 6504.5. For all other proceedings, the regional center shall provide the comprehensive assessment to the court and parties to the case at least 14 days in advance of regularly scheduled judicial review. This clause shall not apply to consumers committed pursuant to Section 1370.1 of the Penal Code.
(E) The assessments described in subparagraph (D) shall be updated annually as part of the individual program planning process for as long as the consumer resides in the developmental center. To the extent appropriate, the regional center shall also provide relevant information from the statewide specialized resource service. The regional center shall notify the clients’ rights advocate for the regional center of the time, date, and location of each individual program plan meeting that includes discussion of the results of the comprehensive assessment and updates to that assessment. The regional center shall provide this notice as soon as practicable following the completion of the comprehensive assessment or update and not less than 30 calendar days before the meeting. The clients’ rights advocate may participate in the meeting unless the consumer objects on their own behalf.
(d) The department shall review, negotiate, and approve regional center community placement plans for feasibility and reasonableness, including recognition of each regional centers’ current developmental center population and their corresponding placement level, as well as each regional centers’ need to develop new and innovative service models. The department shall hold regional centers accountable for the development and implementation of their approved plans. The regional centers shall report, as required by the department, on the outcomes of their plans. The department shall make aggregate performance data for each regional center available, upon request, as well as data on admissions to, and placements from, each developmental center.
(e) Funds allocated by the department to a regional center for a community placement plan developed under this section shall be controlled through the regional center contract to ensure that the funds are expended for the purposes allocated. Funds allocated for community placement plans that are not used for that purpose may be transferred to Item 4300-003-0001 for expenditure in the state developmental centers if their population exceeds the budgeted level. Any unspent funds shall revert to the General Fund.
(f) Commencing May 1, 2013, and then on April 1, 2014, and on April 1 annually thereafter, the department shall provide to the fiscal and appropriate policy committees of the Legislature, and to the contractor for regional center clients’ rights advocacy services under Section 4433, information on efforts to serve consumers with challenging service needs, including, but not limited to, all of the following:
(1) For each regional center, the number of consumers admitted to each developmental center, including the legal basis for the admissions.
(2) For each regional center, the number of consumers described in paragraph (2) of subdivision (a) of Section 7505 who were admitted to Fairview Developmental Center by court order pursuant to Article 2 (commencing with Section 6500) of Chapter 2 of Part 2 of Division 6, and the number and lengths of stay of consumers, including those who have transitioned back to a community living arrangement.
(3) Outcome data related to the assessment process set forth in Section 4418.7, including the number of consumers who received assessments pursuant to Section 4418.7 and the outcomes of the assessments. Each regional center, commencing March 1, 2013, and then on February 1, 2014, and on February 1 annually thereafter, shall provide the department with information on alternative community services and supports provided to those consumers who were able to remain in the community following the assessments, and the unmet service needs that resulted in any consumers being admitted to Fairview Developmental Center.
(4) Progress in the development of needed statewide specialty services and supports, including regional community crisis options, as provided in paragraph (3) of subdivision (b). Each regional center shall provide the department with a report containing the information described in this paragraph commencing March 1, 2013, and then on February 1, 2014, and on February 1 annually thereafter.
(5) Progress in reducing reliance on mental health facilities ineligible for federal Medicaid funding, and out-of-state placements, including information on the utilization of those facilities, which shall include, by regional center, all of the following:
(A) The total number and age range of consumers placed in those facilities.
(B) The number of admissions.
(C) The reasons for admissions by category, including, but not limited to, incompetent-to-stand-trial (IST) commitment, Section 6500 commitment, crisis stabilization, and lack of appropriate community placement.
(D) The lengths of stay of consumers.
(E) The type of facility.
(6) Information on the utilization of facilities serving consumers with challenging service needs that utilize delayed egress devices and secured perimeters, pursuant to Section 1267.75 or 1531.15 of the Health and Safety Code, including the number of admissions, reasons for admissions, and lengths of stay of consumers, including those who have transitioned to less restrictive living arrangements.
(7) If applicable, any recommendations regarding additional rate exceptions or modifications beyond those allowed for under existing law that the department identifies as necessary to meet the needs of consumers with challenging service needs.
(g) Each regional center, commencing March 1, 2013, and then on February 1, 2014, and on February 1 annually thereafter, shall provide information to the department regarding the facilities described in paragraph (6) of subdivision (f), including, but not limited to, the number of admissions, reasons for admissions, and lengths of stay of consumers, including those who have transitioned to less restrictive living arrangements.
(h) Each institution for mental disease that, in the preceding year, has admitted a regional center consumer, including consumers whose placements are not funded by a regional center, shall report quarterly on February 1, May 1, August 1, and November 1, to the department, the regional center providing services to the consumer, and the contractor for regional center clients’ rights advocacy services under Section 4433, all of the following in a format prescribed by the department:
(1) The total number and age, race, and ethnicity of consumers placed in that facility.
(2) The number of admissions.
(3) The reasons for admissions by category.
(4) The lengths of stay of consumers.
(5) The funding source.
(i) This section shall become inoperative on October 1, 2026, and, as of January 1, 2027, is repealed.

SEC. 2.

 Section 4418.25 is added to the Welfare and Institutions Code, to read:

4418.25.
 (a) The department shall establish policies and procedures for the development of an annual community resource development plan in coordination with regional centers. In accordance with Section 4679, the department’s policies and procedures shall address statewide priorities, plan requirements, the development of community resources, services, and supports for individuals transitioning from restrictive settings as described in subdivision (c), and the need for services and supports of individuals living in the community.
(b) (1) To reduce reliance on state-operated mental health facilities, including institutions for mental disease, as described in Part 5 (commencing with Section 5900) of Division 5, for which federal funding is not available, and out-of-state placements, the department shall establish a statewide specialized resource service that does all of the following:
(A) Tracks the availability of specialty residential beds and services.
(B) Tracks the availability of specialty clinical services.
(C) Coordinates the need for specialty services and supports in conjunction with regional centers.
(D) Identifies, subject to federal reimbursement, services, supports, mental health services and supports, and residential options, including, but not limited to, supported living services, family home agencies, family teaching homes, and independent living services, that can be made available to individuals residing in the community, when no other community resource has been identified or is available.
(2) Regional centers shall provide the department with information about all specialty resources developed with the use of community resource development plan funds and shall make these resources available to other regional centers.
(c) (1) The community resource development plan shall provide for dedicated funding for comprehensive assessments of individuals transitioning from restrictive settings, including Porterville Developmental Center, Canyon Springs Community Facility, and institutions for mental disease, and for identified costs of moving individuals to the community.
(2) An assessment shall include input from the regional center, the individual, and, if appropriate, the individual’s family, legal guardian, conservator, or authorized representative, and shall identify the types of community-based services, supports, mental health services and supports, and residential options, including, but not limited to, supported living services, family home agencies, family teaching homes, and independent living services, available to the individual that would enable the individual to move to a community setting.
(d) An assessment completed pursuant to the requirements of this section, including any updates, shall be provided to all of the following:
(1) The individual program planning team and clients’ rights advocate for the regional center or state-operated facility.
(2) For individuals with court commitments for placement, to the superior court with jurisdiction over the individual’s placement, including the individual’s attorney of record and other parties known to the regional center. For judicial proceedings pursuant to Article 2 (commencing with Section 6500) of Chapter 2 of Part 2 of Division 6, the comprehensive assessment shall be included in the regional center’s written report required by Section 6504.5. For all other proceedings, the regional center shall provide the comprehensive assessment to the court and parties to the case at least 14 days in advance of regularly scheduled judicial review. This clause shall not apply to individuals committed pursuant to Section 1370.1 of the Penal Code.
(3) For individuals residing at a state-operated facility, the clients’ rights advocate for that facility as described in Sections 4433 and 4433.5.
(e) A regional center shall provide at least 30 days’ notice of any individual program plan meeting that will include discussion of an individual’s comprehensive assessment, or any updates to that assessment, to the clients’ rights advocates for that regional center and for any other applicable state-operated facility. Notice shall be provided as soon as practicable following the completion of the comprehensive assessment or update and include the time, date, and location of the meeting. A clients’ rights advocate may participate in the meeting unless the individual objects on their own behalf.
(f) Funding allocated to a regional center for purposes of developing a community resource development plan pursuant to this section shall be subject to Section 4679 and the regional center contract.
(g) (1) By no later than April 1 of each year, the department shall update the Legislature on the department’s efforts to serve individuals with complex service needs, following the application of deidentification guidelines for privacy protection. The update shall include, but not be limited to, information regarding all of the following:
(A) Progress in reducing reliance on mental health facilities ineligible for federal Medicaid funding, institutions for mental disease, and out-of-state placements, including information on the utilization of those facilities. The department shall include, by regional center, all of the following information, appropriately deidentified to protect the privacy of individuals, for these facilities:
(i) The age, race, and ethnicity of individuals placed in the facilities described in subparagraph (A) and the total number of placements.
(ii) The total number of admissions.
(iii) The reasons for admission by category, including, but not limited to, incompetent-to-stand-trial commitments, commitments made pursuant to Section 6500, crisis stabilization, and the lack of appropriate community placement.
(iv) The lengths of stay of individuals.
(v) The types of facilities.
(vi) The funding source for the placements.
(B) Information on the utilization of facilities serving individuals with complex service needs that utilize delayed egress devices and secured perimeters pursuant to Section 1267.75 or 1531.15 of the Health and Safety Code, including the number of admissions, reasons for admission, and the lengths of stay of individuals, including those individuals who have transitioned to less restrictive living arrangements during the prior year.
(2) The department shall publish the update on its internet website.
(h) This section, or any changes made to this section after October 1, 2026, shall not be deemed to alter or waive any department or regional center agreement, promissory note, deed of trust, letter, approval or other documents that concern community placement plan programs or community resource development plan programs or related funding that were or are in effect or pending as of October 1, 2026.
(i) This section shall become operative on October 1, 2026.

SEC. 3.

 Section 4437 of the Welfare and Institutions Code is amended to read:

4437.
 (a) The State Department of Developmental Services shall, on or before February 1 of each year, report to the Legislature and post on its internet website supplemental budget information, which shall include both of the following:
(1) An estimate for the annual budget, including a breakdown of the staffing costs for Porterville Developmental Center.
(2) For each regional center, all of the following information:
(A) Current fiscal year allocations of total and per capita funding for operations and purchase of services.
(B) The number of persons with intellectual and developmental disabilities being served by the regional center in the current fiscal year.
(C) The past fiscal year and current fiscal year information on the funding for its community placement plan pursuant to former Section 4418.25, as that section read on June 30, 2026, or its community resource development plan pursuant to Section 4418.25, including a breakdown of the funding for startup, assessment, placement, and deflection.
(D) Staff information.
(b) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.

SEC. 4.

 Section 4474.17 of the Welfare and Institutions Code is amended to read:

4474.17.
 (a) The Legislature finds and declares all of the following:
(1) The Supplemental Report of the 2014–15 Budget Package required the State Department of Developmental Services to provide quarterly briefings to update legislative staff about the closures of developmental centers. Chapter 18 of the Statutes of 2017 expanded the scope of these briefings to include information about the development of community-based crisis services following the developmental center closures. The quarterly briefings have evolved to provide detailed information about the development of the community-based safety net, including information about the physical homes and wrap-around and mobile crisis services intended to prevent, deescalate, and treat consumers in crisis.
(2) The quarterly briefings have provided a valuable opportunity for the department and legislative staff to convene and discuss key issues during the developmental center closure process. They have kept legislative staff, and consequently Members of the Legislature, informed about the department’s progress, challenges, and strategies as it transitioned consumers from a developmental center or an institution into the community and developed a community-based safety net.
(3) The imminent final closure of the developmental centers provides an opportunity to consider the ongoing purpose of the quarterly briefings. Once the final developmental center closures are complete, the quarterly briefings can provide an avenue for the department and legislative staff to maintain an important ongoing dialogue about key issues facing the developmental services system. The quarterly briefings will allow the department to keep legislative staff informed about its approach to, and progress in, handling various changes in policy and modes of service delivery. This will be especially important as the consumer population continues to grow and change and as the system continues to move toward consumer choice and community integration. The disposition of the developmental center properties may continue to be a point of inquiry until that subject comes to a conclusion.
(4) An important feature of the current briefings has been the department’s willingness to adapt the content over time based on feedback from legislative staff. Mindful of the fact that preparing materials and presentations for these briefings requires department staff resources, the ongoing nature of the quarterly briefings should also remain flexible to both meet the needs of the Legislature and the department’s capacity to prepare for the briefings. Through the briefing discussions themselves, department leadership and legislative staff should come to an agreement about what data and information should be tracked and provided regularly at each briefing, based on what is feasible for the department to provide and considering the priorities of the Legislature. In addition, the department and legislative staff can regularly discuss the range of issues and level of detail that should be provided at briefings, recognizing that every issue cannot be covered at every briefing and that the relative importance of individual issues will shift over time.
(5) As the quarterly briefings related to the developmental center closures wind down in the 2019–20 fiscal year, the department and legislative staff could use some of the time in those meetings to discuss and determine the content of the subsequent quarterly briefings. Appreciating that the priorities of the Legislature shift over time, and depending on the department’s capacity, the particular topics and level of detail provided in the briefings can be discussed and revisited on a regular basis, such as annually.
(b) Commencing with the first planned quarterly briefing after January 1, 2020, the department shall provide information on topics at quarterly briefings with legislative staff of the appropriate policy and fiscal committees of the Legislature addressing some or all of the following, pursuant to the planning discussion described in paragraph (5) of subdivision (a):
(1) Consumer health and safety, including safety net and crisis services.
(2) The person-centered approach to planning, coordinating, delivering, and receiving services, including caseload ratio updates, compliance with home- and community-based services rules, competitive integrated employment, and housing supports.
(3) Quality outcomes for consumers.
(4) Efforts to identify and reduce disparities in regional center services.
(5) Community resource development plans, pursuant to Section 4418.25, by regional center, and difficulties or issues in the provision of services or development of resources.
(6) Implementation of any rate changes pending and being implemented.
(7) Progress in closing disparity gaps identified by the department’s equity dashboard, as it evolves over time with input from the community.
(8) Regional center accountability, transparency, and oversight efforts.
(9)  Status on the development of Group Homes for Children with Special Health Care Needs, including information on how the needs of regional center consumers are assessed when developing new homes.
(10)  Status on the implementation of the provisional eligibility requirement of paragraph (2) of subdivision (a) of Section 4512.
(11)  Information pursuant to the provisions of subdivision (d) of Section 7505.
(12)  Status on the development of a training curriculum for direct service professionals, pursuant to Section 4511.5.
(13) The most recent data, appropriately deidentified to protect the privacy of individuals, regarding average per capita purchase of service expenditures for all age groups by race, ethnicity, residence type, age, and other factors, in addition to any other data demonstrating the status of progress towards eliminating racial, ethnic, and other disparities. For purposes of this paragraph, the department may present dashboards for data and equity published on its internet website.
(14) On an annual basis, status of the department’s efforts to improve oversight of special incidents, as described in subdivision (b) of Section 54327 of Title 17 of the California Code of Regulations, and respond to special incident trends. This annual status update shall include a summary of the most recent annual report regarding special incidents involving individuals with developmental disabilities served by regional centers.

SEC. 4.5.

 Section 4474.17 of the Welfare and Institutions Code is amended to read:

4474.17.
 (a) The Legislature finds and declares all of the following:
(1) The Supplemental Report of the 2014–15 Budget Package required the State Department of Developmental Services to provide quarterly briefings to update legislative staff about the closures of developmental centers. Chapter 18 of the Statutes of 2017 expanded the scope of these briefings to include information about the development of community-based crisis services following the developmental center closures. The quarterly briefings have evolved to provide detailed information about the development of the community-based safety net, including information about the physical homes and wraparound and mobile crisis services intended to prevent, deescalate, and treat consumers in crisis.
(2) The quarterly briefings have provided a valuable opportunity for the department and legislative staff to convene and discuss key issues during the developmental center closure process. They have kept legislative staff, and consequently Members of the Legislature, informed about the department’s progress, challenges, and strategies as it transitioned consumers from a developmental center or an institution into the community and developed a community-based safety net.
(3) The imminent final closure of the developmental centers provides an opportunity to consider the ongoing purpose of the quarterly briefings. Once the final developmental center closures are complete, the quarterly briefings can provide an avenue for the department and legislative staff to maintain an important ongoing dialogue about key issues facing the developmental services system. The quarterly briefings will allow the department to keep legislative staff informed about its approach to, and progress in, handling various changes in policy and modes of service delivery. This will be especially important as the consumer population continues to grow and change and as the system continues to move toward consumer choice and community integration. The disposition of the developmental center properties may continue to be a point of inquiry until that subject comes to a conclusion.
(4) An important feature of the current briefings has been the department’s willingness to adapt the content over time based on feedback from legislative staff. Mindful of the fact that preparing materials and presentations for these briefings requires department staff resources, the ongoing nature of the quarterly briefings should also remain flexible to both meet the needs of the Legislature and the department’s capacity to prepare for the briefings. Through the briefing discussions themselves, department leadership and legislative staff should come to an agreement about what data and information should be tracked and provided regularly at each briefing, based on what is feasible for the department to provide and considering the priorities of the Legislature. In addition, the department and legislative staff can regularly discuss the range of issues and level of detail that should be provided at briefings, recognizing that every issue cannot be covered at every briefing and that the relative importance of individual issues will shift over time.
(5) As the quarterly briefings related to the developmental center closures winddown in the 2019–20 fiscal year, the department and legislative staff could use some of the time in those meetings to discuss and determine the content of the subsequent quarterly briefings. Appreciating that the priorities of the Legislature shift over time, and depending on the department’s capacity, the particular topics and level of detail provided in the briefings can be discussed and revisited on a regular basis, such as annually.
(b) Commencing with the first planned quarterly briefing after January 1, 2020, the department shall provide information on topics at quarterly briefings with legislative staff of the appropriate policy and fiscal committees of the Legislature addressing some or all of the following, pursuant to the planning discussion described in paragraph (5) of subdivision (a):
(1) Consumer health and safety, including safety net and crisis services.
(2) The person-centered approach to planning, coordinating, delivering, and receiving services, including caseload ratio updates, compliance with home- and community-based services rules, competitive integrated employment, and housing supports.
(3) Quality outcomes for consumers.
(4) Efforts to identify and reduce disparities in regional center services.
(5) Community resource development plans, pursuant to Section 4418.25, by regional center, and difficulties or issues in the provision of services or development of resources.
(6) Implementation of any rate changes pending and being implemented.
(7) Progress in closing disparity gaps identified by the department’s equity dashboard, as it evolves over time with input from the community.
(8) Regional center accountability, transparency, and oversight efforts.
(9)  Status on the development of Group Homes for Children with Special Health Care Needs, including information on how the needs of regional center consumers are assessed when developing new homes.
(10)  Status on the implementation of the provisional eligibility requirement of paragraph (2) of subdivision (a) of Section 4512.
(11)  Information pursuant to the provisions of subdivision (d) of Section 7505.
(12)  Status on the development of a training curriculum for direct support professionals, pursuant to Section 4511.5.
(13) The most recent data, appropriately deidentified to protect the privacy of individuals, regarding average per capita purchase of service expenditures for all age groups by race, ethnicity, residence type, age, and other factors, in addition to any other data demonstrating the status of progress towards eliminating racial, ethnic, and other disparities. For purposes of this paragraph, the department may present dashboards for data and equity published on its internet website.
(14) On an annual basis, status of the department’s efforts to improve oversight of special incidents, as described in subdivision (b) of Section 54327 of Title 17 of the California Code of Regulations, and respond to special incident trends. This annual status update shall include a summary of the most recent annual report regarding special incidents involving individuals with developmental disabilities served by regional centers.

SEC. 5.

 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 to achieve the greatest self-sufficiency possible and to exercise 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 that 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, if appropriate, the consumer’s family.
(3) (A) A regional center may, pursuant to vendorization or a contract, purchase services or supports for a consumer from an individual or agency that the regional center and consumer or, if appropriate, the consumer’s parents, legal guardian, or conservator, or authorized representatives, determines will best accomplish all or part of that consumer’s program plan.
(B) It is the intent of the Legislature that remote services are an option for individuals when appropriate, necessary, and the individual’s choice. It is further the intent of the Legislature that the authorization of remote services does not result in the reduction of access to in-person services or become a default choice. It is further the intent of the Legislature that there is a fidelity of practice for services and supports provided remotely, and that until February 1, 2028, and after this date as the remote services and supports continue, the State Department of Developmental Services shall track and report on outcomes of these remote services and supports for individuals served and assess if the services and supports are working as intended and for the support and assistance to individuals served pursuant to this act and all of its core principles.
(i) Until December 31, 2028, if remotely receiving services or supports listed in this section, or if Medi-Cal covered services received through clinically appropriate telehealth modalities would meaningfully meet the needs identified through the planning team process, individuals and families may choose to receive any of the following services remotely if offered by the authorized service provider:
(I) Day programs, as defined in paragraphs (2), (7), (12), and (16) of subdivision (a) of Section 54302 of Title 17 of the California Code of Regulations.
(II) Look-alike day programs.
(III) Independent living programs, as defined in paragraph (35) of subdivision (a) of Section 54302 of Title 17 of the California Code of Regulations.
(IV) Behavioral therapy services, defined in paragraphs (11) to (13), inclusive, of subdivision (a) of Section 54342 of Title 17 of the California Code of Regulations. Providers providing these services shall adhere to state and federal Medicaid requirements, as established by the State Department of Health Care Services. Behavioral health treatment services or supports provided in accordance with Section 14132.03 that are funded, in whole or in part, with state appropriated funds shall comply with all applicable state and federal statutes, regulations, and Medi-Cal program policies.
(V) Remote administration of clinical assessment activities shall not be done when in-person administration is necessary for the validity, reliability, accuracy, or completeness of the assessment or eligibility determination for the Lanterman Developmental Disabilities Services Act pursuant to Section 4643.
(VI) An individual’s choice to receive remote delivery of services shall be documented in the individual program plan.
(ii) Beginning in March 2027, the department shall include the following information in quarterly updates to the Legislature, statewide and broken down by regional center:
(I) The number of individuals receiving remote services, including as a percentage of all individuals receiving services and shown both in the aggregate and broken out by service type as listed in clause (i).
(II) The ages of individuals receiving remote services.
(III) Any differences in usage of remote services in rural areas relative to urban areas.
(iii) The department shall report to the Legislature no later than February 1, 2028, survey results regarding all of the following:
(I) A summary of the reasons remote services were authorized, including the types of needs, preferences, or circumstances that led to their use.
(II) Satisfaction of the individuals receiving remote services.
(III) Data derived from service provider reporting, regional center monitoring, and direct feedback from individuals and families, including the duration of use of remote services and supports, to the extent available.
(IV) If participation in remote services contributes to social isolation, diminishes opportunities for community integration, or reduces access to meaningful social relationships and activities.
(V) An evaluation of the outcomes for individuals served, including whether or not the remote services and supports are working as intended, considering the fidelity of practice or the extent to which services and supports by service type, as listed under clause (i), are implemented as intended or if there is a diminishment of the service due to the remote nature of service and support delivery.
(iv) Providers shall document the remote services each individual receives on a monthly basis, pursuant to written instructions issued by the department, which shall include the collection of information necessary to comply with this section.
(v) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement, interpret, or make specific the provisions of this subparagraph by means of written directives or similar instructions.
(C) 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.
(D) 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 department shall adopt regulations governing the vendorization process to be utilized by the department, regional centers, vendors, and the individual or agency requesting vendorization.
(E) 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; and the procedure for an individual or an agency to appeal a vendorization decision made by the department or regional center.
(F) 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.
(G) Effective July 1, 2009, notwithstanding any other law or regulation, 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.
(H) (i) Effective January 1, 2027, a vendor shall not be required to maintain a physical location within a regional center’s service area unless a physical location is required for the delivery of services, such as, but not limited to, in a licensed residential facility. A vendor shall maintain a business address validated by the United States Postal Service within the geographic area of the regional center that initially approved that vendor.
(ii) The department may repeal or amend any regulations necessary to implement clause (i), through the Office of Administrative Law.
(4) Notwithstanding subparagraph (D) 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, a 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 consumer’s individual program plan. The system of payment shall include a 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 if appropriate, the consumer’s parents, legal guardian, conservator, or authorized representative, including those appointed pursuant to subdivision (a) of Section 4541, 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 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) If appropriate, the existence of licensing, accreditation, or professional certification.
(D) (i) 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.
(ii) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department shall, with input from the community, issue a written directive defining the term “cost effective” for the purposes of all programs, including, but not limited to, the Self-Determination Program, no later than August 1, 2026. This directive shall remain in effect until regulations are adopted, but in no case for longer than two years following its issuance. Upon notification by the department to the Legislature that the written directive has been issued, clause (i) shall be ineffective.
(iii) For purposes of clause (ii), input from the community shall include, but not be limited to, consultation with the department’s Lived Experience Advisory Group, individuals and families, caregivers, advocates and associations, service providers, regional centers, the State Council on Developmental Disabilities Statewide Self‑Determination Advisory Committee, and legislative staff. The department shall provide adequate notice, or 45 days at a minimum, for the community to review and provide feedback on the draft written directive, with review and consideration by the department of feedback prior to finalization for the August 1, 2026, deadline.
(E) The consumer’s choice of providers, or, if appropriate, the consumer’s parent’s, legal guardian’s, authorized representative’s, or conservator’s choice of providers.
(7) A service or support provided by an agency or individual shall not be continued unless the consumer or, if appropriate, the consumer’s parents, legal guardian, or conservator, or authorized representative, including those appointed pursuant to subdivision (a) of Section 4541, subdivision (b) of Section 4701.6, or subdivision (e) of Section 4705, is satisfied and the regional center and the consumer or, if appropriate, the consumer’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 an 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) To maximize federal financial participation and facilitate timely access to residential placements of consumers in foster care, the department shall enter into interagency agreements to obtain state and federal funding with the state departments that oversee the agencies that have the legal responsibility to serve all members of the general public and receive public funds for providing those services. The interagency agreement shall specify the proportion or amount of funds reimbursed by each state department or other responsible agency. Following completion of the interagency agreement, the departments shall jointly notify the local agencies.
(B) Notwithstanding any other law, and if specified in the joint notification received pursuant to subparagraph (A), regional centers shall fund the vendored residential service types specified in the joint notification provided to a regional center consumer who is a child or nonminor dependent who has been adjudged a dependent of the court pursuant to Section 300 or has not been adjudged a dependent of the court pursuant to Section 300 but is in the custody of the county welfare department, or has been adjudged a ward of the court pursuant to Section 601 or 602 and placed in the care and custody of the county probation department. The residential services and supports purchased by the regional center shall be consistent with the consumer’s individual program plan regardless of the placing agency or placing authority. This section shall not apply to placements made in an institution for mental diseases, as defined in Section 435.1010 of Title 42 of the Code of Federal Regulations.
(C) This paragraph shall be implemented in consultation with the County Welfare Directors Association of California and the Association of Regional Center Agencies.
(10) (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, 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 does not apply to either 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 licensed as a mental health rehabilitation center by the State Department of Health Care Services under any of the following circumstances:
(I) The facility is eligible for Medicaid reimbursement and the individual’s planning team determines that there are no less restrictive placements appropriate for the individual.
(II) 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 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. Placements under these emergency circumstances shall not exceed 180 days.
(III) The clients’ rights advocate shall be notified of each admission and individual program planning meeting pursuant to this clause and may participate in all individual program planning meetings unless the consumer objects on their own behalf. For purposes of this subclause, notification to the clients’ rights advocate shall include a copy of the most recent comprehensive assessment or updated assessment and the time, date, and location of the meeting, and shall be provided as soon as practicable, but not less than seven calendar days before the meeting.
(IV) If a consumer is placed in a mental health rehabilitation center by another entity, the mental health rehabilitation center shall inform the regional center of the placement within five days of the date the consumer is admitted. If an individual’s records indicate that the individual is a regional center consumer, the mental health rehabilitation center shall make every effort to contact the local regional center or the department to determine which regional center to provide notice. As soon as possible within 30 days of admission to a mental health rehabilitation center due to an emergency pursuant to subclause (II), or within 30 days of notification of admission to a mental health rehabilitation center by an entity other than a regional center, an assessment shall be completed by the regional center.
(C) (i) Effective July 1, 2012, notwithstanding any other law or 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, if 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) Effective January 1, 2020, the exception in clause (ii) shall no longer apply. As of this date, the prohibition in clause (i) shall not apply to acute crises when the following conditions are met prior to a regional center purchasing new residential services from, or placing a consumer in, an institution for mental disease:
(I) The regional center prepares an assessment for inclusion in the consumer’s file detailing all considered community-based services and supports, including, but not limited to, rate adjustments, as provided by law, supplemental services, as set forth in subparagraph (F), emergency and crisis intervention services, as set forth in paragraph (11), community crisis home, pursuant to Article 8 (commencing with Section 4698) of Chapter 6, and an explanation of why those options could not meet the consumer’s needs.
(II) The director of the regional center confirms that there are no community-based options that can meet the consumer’s needs.
(iv) For purposes of this section, “acute crisis” has the same meaning as defined in paragraph (1) of subdivision (d) of Section 4418.7.
(v) When admission occurs due to an acute crisis, all of the following shall apply:
(I) If the regional center does not expect the consumer to transition back to a community setting within 72 hours, or if the consumer does not transition back to a community setting within 72 hours, the regional center shall do both of the following:
(ia) No later than 10 calendar days from the date the consumer is placed in the institution for mental disease, complete any documentation necessary to support the filing of a petition for commitment pursuant to Article 2 (commencing with Section 6500) of Chapter 2 of Part 2 of Division 6 and request the person authorized to present allegations pursuant to Section 6500 file a petition for commitment.
(ib) Complete a comprehensive assessment in coordination with the institution for mental disease staff. The comprehensive assessment shall include the identification of the services and supports needed for crisis stabilization and the timeline for identifying or developing the services and supports needed to transition the consumer back to a community setting. The regional center shall immediately submit a copy of the comprehensive assessment to the committing court. Immediately following the assessment, and not later than 30 days following admission, the regional center and the institution for mental disease shall jointly convene an individual program plan meeting to determine the services and supports needed for crisis stabilization and to develop a plan to transition the consumer into the community.
(II) If transition is not expected within 90 days of admission, an individual program plan meeting shall be held to discuss the status of the transition and to determine if the consumer is still in need of crisis stabilization.
(III) A consumer shall reside in an institution for mental disease no longer than six months before being placed into a community living arrangement, unless, prior to the end of the six months, all of the following have occurred:
(ia) The regional center has conducted an additional comprehensive assessment based on current information and determines that the consumer continues to be in an acute crisis.
(ib) The individual program planning team has developed a plan that identifies the specific services and supports necessary to transition the consumer into the community, and the plan includes a timeline to obtain or develop those services and supports.
(ic) The committing court has reviewed and, if appropriate, extended the commitment.
(IV) (ia) A consumer’s placement at an institution for mental disease shall not exceed one year unless both of the following occur:
(Ia) The regional center demonstrates significant progress toward implementing the plan to transition the consumer into the community.
(Ib) Extraordinary circumstances exist beyond the regional center’s control that have prevented the regional center from obtaining those services and supports within the timeline based on the plan.
(ib) If both of the circumstances under sub-subclause (ia) exist, the regional center may request, and the committing court may grant, an additional extension of the commitment, not to exceed 30 days.
(V) Institutions for mental disease staff shall assist the consumer with transitioning back to the consumer’s prior residence, or an alternative community-based residential setting, within the timeframe described in this subparagraph.
(vi) The department shall monitor placements pursuant to this subparagraph and subsequent transitions back to community-based settings.
(vii) 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 their own behalf. For purposes of this clause, notification to the clients’ rights advocate shall include a copy of the most recent comprehensive assessment or updated assessment and the time, date, and location of the meeting, and shall be provided as soon as practicable, but not less than seven calendar days before the meeting.
(viii) If a consumer is placed in an institution for mental disease by another entity, the institution for mental disease shall inform the regional center of the placement within five days of the date the consumer is admitted. If an individual’s records indicate that the individual is a regional center consumer, the institution for mental disease shall make every effort to contact the local regional center or department to determine which regional center to provide notice. As soon as possible within 30 days of admission to an institution for mental disease due to an acute crisis pursuant to clause (ii), or within 30 days of notification of admission to an institution for mental disease by an entity other than a regional center, an assessment shall be completed by the regional center.
(ix) Regional centers shall complete a comprehensive assessment of a consumer residing in an institution for mental disease as of July 1, 2012, for which federal Medicaid funding is not available, and for a consumer residing in an institution for mental disease as of July 1, 2013, without regard to federal funding. The comprehensive assessment shall be completed before 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 their own behalf. For purposes of this clause, notification to the clients’ rights advocate shall include the time, date, and location of the meeting, and shall be provided as soon as practicable, but not less than seven calendar days before the meeting.
(D) (i) The transition process from a mental health rehabilitation center or institution for mental disease shall be based upon the individual’s needs, developed through the individual program plan process, and shall ensure that needed services and supports will be in place at the time the individual moves. Individual supports and services shall include, if appropriate for the individual, wraparound services through intensive individualized support services. The transition shall be to a community living arrangement that is in the least restrictive environment appropriate to the needs of the individual and most protective of the individual’s rights to dignity, freedom, and choice as described in subdivision (a).
(ii) Regional centers, through the individual program plan process, shall coordinate for the benefit of the regional center consumers residing in an institution for mental disease, pretransition planning, transition, and access to followup services to help ensure a smooth transition to the community. Individual support services shall include, but shall not be limited to, both of the following:
(I) Defined regional center contacts and visits with consumers and service providers during the 12 months following the consumer’s movement date.
(II) Identification of issues that need resolution and an individualized support plan to address these issues.
(E) 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 State Department 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 intellectual 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 audiotapes, if necessary to meet the communication needs of consumers.
(F) 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.
(11) 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 their living arrangement of choice, with all necessary supports, as soon as possible.
(12) 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 that would result in greater self-sufficiency for the consumer and cost-effectiveness to the state.
(13) If facilitation specified in an individual program plan requires the services of an individual, the facilitator shall be of the consumer’s choosing.
(14) 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 that would enable them to more fully participate in their community.
(C) Developing unpaid natural supports when possible.
(15) If 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, if 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.
(16) Other services and supports may be provided as set forth in Sections 4685, 4686, 4687, 4688, and 4689, when necessary.
(17) Notwithstanding any other law or 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) If the advocacy efforts of a regional center to secure or protect the civil, legal, or service rights of a consumer prove ineffective, the regional center or the person with developmental disabilities or the person’s parents, legal guardian, or other representative may request advocacy 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, if 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 an 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 to investigate the possible noncompliance.
(e) If 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 resource development plan funds designated from that fund, to reimburse the startup costs needed to initiate a new program of services and supports, including, but not limited to, mental health services and supports, supported living services, family home agencies, family teaching homes, and independent living services.
(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) If there are identified gaps in the system of services and supports consumers for whom no provider will provide services and supports contained in their individual program plan, the department may provide the services and supports directly.
(h) At least annually, regional centers shall provide the consumer, the consumer’s 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. 6.

 Section 4677 of the Welfare and Institutions Code is amended to read:

4677.
 (a) (1) The Developmental Disabilities Program Development Fund is hereby created in the State Treasury 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 maximize independence of persons with developmental disabilities.
(2) An allocation from the Program Development Fund shall not 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 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 supports, 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, who 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, 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) In addition to 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 available, upon appropriation by the Legislature, to the department, and subject to allocations that may be made in the annual Budget Act. These funds shall not revert to the General Fund.
(d) Notwithstanding any other requirement of this section, and to the extent appropriated for this purpose in the annual Budget Act, the department may allocate funds from the Program Development Fund for the purpose of funding projects approved pursuant to former Section 4679, as that section read on June 30, 2026, and Section 4679.
(e) The deposit of federal moneys into the Program Development Fund shall not 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 state general funds deposited in the Program Development Fund.

SEC. 7.

 Section 4679 of the Welfare and Institutions Code is amended to read:

4679.
 (a) In any year for which funding is available, as provided in paragraph (2) of subdivision (a) of Section 4418.25, to address the needs for services and supports of consumers living in the community, the department shall issue guidelines, including procedures and timelines, for the use of the available funds. These community resource development plan guidelines shall include requirements that community resource development plan funds be expended in accord with the principles of person-centered planning and that funded services be culturally and linguistically appropriate to the population served by the regional center.
(b) By December 31 of each year, the department shall engage stakeholders statewide, including soliciting input from the existing Lived Experience Advisory Group, to inform the development of the guidelines. Priorities for funding shall include, but need not be limited to, safety net services and supports that reduce reliance on the secure treatment program at Porterville Developmental Center, institutions for mental disease, other restrictive settings in the community for which federal funding is not available, and out-of-state placement.
(c) The guidelines shall require regional centers to conduct outreach activities and seek input from stakeholders representing the diversity of the regional center’s catchment area, including, but not limited to, consumers, family members, providers, and advocates, to determine local needs and priorities for the use of community resource development plan funds. Each regional center shall identify the stakeholders it consulted with and include information on how it incorporated the input of stakeholders into its community resource development plan funding requests. The regional center shall post its priorities for community resource development as informed by the stakeholder process on its internet website at least two weeks prior to submitting its funding request to the department to allow for any final stakeholder input.
(d) Proposals for the use of community resource development plan funds shall include justification for the funding requests, including quantitative data, and shall also include a description of how the regional center shall monitor resource development and assess outcomes. The department shall review, negotiate, and approve regional center community resource development plans for feasibility.
(e) Each regional center’s approved proposals shall be posted on the regional center’s internet website and the department shall post links to each regional center’s approved proposals on its internet website. Regional centers shall submit quarterly reports to the department, as specified in the guidelines, on the use of community resource development plan funds and outcomes of resource development. The department shall update legislative staff on the community resource development plan activities pursuant to this section during regularly scheduled quarterly briefings, and shall annually report during the Senate and Assembly budget subcommittee hearing process on community resource development plan implementation.
(f) This section shall become inoperative on October 1, 2026, and, as of January 1, 2027, is repealed.

SEC. 8.

 Section 4679 is added to the Welfare and Institutions Code, to read:

4679.
 (a) In any year for which funding is available, to address the needs for services and supports of individuals living in the community, the department shall issue guidelines, including procedures and timelines, for the use of the available funds appropriated through the budget process for community resource development plans described in Section 4418.25. These guidelines shall include requirements that funds be expended in a manner consistent with the principles of person-centered planning and that funded services be culturally and linguistically appropriate to the population served by the regional center.
(b) Each year, the department shall engage with regional centers and community partners in a public meeting to inform the development of the guidelines. Priorities for funding shall include, but are not limited to, safety net services and supports that reduce reliance on the secure treatment program at Porterville Developmental Center, Canyon Springs Community Facility, institutions for mental disease, other restrictive settings in the community for which federal funding is not available, and out-of-state placements. Priorities for funding shall also include the development of community supports as determined by regional centers and community partners.
(c) Data from a centralized database that contains records of all authorized service providers across California’s 21 regional centers, referred to as the “Provider Directory,” shall be considered to inform the guidelines and the allocation and expenditure of community resource development plan funds for developing, expanding, or enhancing community-based services and supports.
(d) (1) Pursuant to the guidelines established under this section, regional centers shall develop community resources that address the priorities identified in subdivision (b) using funding allocated to each regional center by the department.
(2)  Proposals for the use of community resource development plan funds shall include justifications for the funding requests, including quantitative data, and shall also include a description of how the regional center shall monitor resource development and assess outcomes. The department shall review, negotiate, and approve all regional center community resource development plans for feasibility and reasonableness.
(3) Regional centers shall report on the outcomes of approved plans to the department in a manner and format to be determined by the department.
(4) The department shall hold regional centers accountable for the development and implementation of approved plans. The department shall make the following data for each regional center available upon request:
(A) Data regarding admissions to, and placements from, each state-operated facility or program.
(B) Aggregate performance data.
(e) (1) The department shall post a list, including descriptions, of projects for which it has allocated funding pursuant to this section on its internet website.
(2) Each regional center shall post its department-approved plan on its internet website.
(3) Regional centers shall report quarterly to the department on the progress of each project.
(f) This section shall become operative on October 1, 2026.

SEC. 9.

 Section 4679.1 of the Welfare and Institutions Code is amended to read:

4679.1.
 Commencing January 1, 2027, the department shall provide to the Senate Committee on Human Services, the Assembly Committee on Human Services, and the appropriate legislative budget subcommittees on all of the following information, appropriately deidentified to protect the privacy of individuals, as part of the department’s quarterly legislative update:
(a) The type and number of housing projects approved, in progress, and occupied, and the total number of allowable beds, by regional center.
(b) The total number of new beds by facility type, by regional center.
(c) To the extent data is available, the degree to which housing development gains have been offset by program closures, by facility type, for each regional center.
(d) Statewide aggregate data on all of the following:
(1) The number of individuals placed in a home with delayed egress and secure perimeters pursuant to Section 1267.75 or 1531.15 of the Health and Safety Code.
(2) The length of stay for individuals in a home with delayed egress and secure perimeters pursuant to Section 1267.75 or 1531.15 of the Health and Safety Code.
(3) The number of individuals who transitioned out of a home with delayed egress and secure perimeters pursuant to Section 1267.75 or 1531.15 of the Health and Safety Code in the last 12 months.
(e) Progress in reducing reliance on mental health facilities ineligible for Medicaid funding, institutions for mental disease, and out-of-state placements, including information, appropriately deidentified to protect the privacy of individuals, on the utilization of those facilities, which shall include, by regional center, all of the following information for these facilities:
(1) The total number and the age, race, and ethnicity of individuals placed in those facilities.
(2) The number of admissions.
(3) The reasons for admissions by category, including, but not limited to, incompetent-to-stand-trial commitments, commitments made pursuant to Section 6500, crisis stabilization, and lack of appropriate community placement.
(4) The lengths of stay of individuals.
(5) The types of facilities.
(6) The funding source for placements.
(f) The use of and remaining balances of community resource development funds, by fiscal year.

SEC. 10.

 Section 4684.50 of the Welfare and Institutions Code is amended to read:

4684.50.
 (a) (1) “Adult Residential Facility for Persons with Special Health Care Needs (ARFPSHN)” means any adult residential facility that provides 24-hour health care and intensive support services in a homelike setting that is licensed to serve up to five adults with developmental disabilities as defined in Section 4512.
(2) “Group Home for Children with Special Health Care Needs (GHCSHN)” means a group home, as described in paragraph (22) of subdivision (a) of Section 1502 of the Health and Safety Code and licensed pursuant to Article 9 (commencing with Section 1567.50) of the Health and Safety Code, that provides 24-hour health care and intensive support services in a homelike setting that is licensed to serve up to five children or nonminor dependents with developmental disabilities as defined in Section 4512.
(3) For purposes of this article, an ARFPSHN or a GHCSHN may only be established in a facility approved pursuant to Section 4688.5 or through an approved regional center community placement plan pursuant to former Section 4418.25, as that section read on June 30, 2026, or an approved regional center community resource development plan pursuant to Section 4418.25.
(b) “Consultant” means a person professionally qualified by training and experience to give expert advice, information, training, or to provide health-related assessments and interventions specified in a consumer’s individual health care plan.
(c) “Direct care personnel” means all personnel who directly provide program or nursing services to consumers. Administrative and licensed personnel shall be considered direct care personnel when directly providing program or nursing services to clients. Consultants shall not be considered direct care personnel.
(d) “Individual health care plan” means the plan that identifies and documents the health care and intensive support service needs of a consumer.
(e) “Individual health care plan team” means those individuals who develop, monitor, and revise the individual health care plan for consumers residing in an ARFPSHN or a GHCSHN.
(1) For an ARFPSHN or a GHCSHN, the team shall, at a minimum, be composed of all of the following individuals:
(A) Regional center service coordinator and other regional center representative, as necessary.
(B) Consumer, and, if appropriate, the consumer’s parents, legal guardian or conservator, or authorized representative.
(C) Consumer’s primary care physician, or other physician as designated by the regional center.
(D) ARFPSHN or GHCSHN administrator.
(E) ARFPSHN or GHCSHN registered nurse.
(F) Others deemed necessary for developing a comprehensive and effective plan.
(2) For a GHCSHN, in addition to the individuals listed in paragraph (1), the team shall, at a minimum, include all of the individuals required for an individualized health care team as described in subdivision (d) of Section 17710.
(f) “Intensive support needs” means the consumer requires physical assistance in performing four or more of the following activities of daily living:
(1) Eating.
(2) Dressing.
(3) Bathing.
(4) Transferring.
(5) Toileting.
(6) Continence.
(g) “Special health care needs” for an ARFPSHN means the consumer has health conditions that are predictable and stable, as determined by the individual health care plan team, and for which the individual requires nursing supports for any of the following types of care:
(1) Nutrition support, including total parenteral feeding and gastrostomy feeding, and hydration.
(2) Cardiorespiratory monitoring.
(3) Oxygen support, including continuous positive airway pressure and bilevel positive airway pressure, and use of other inhalation-assistive devices.
(4) Nursing interventions for tracheostomy care and suctioning.
(5) Nursing interventions for colostomy, ileostomy, or other medical or surgical procedures.
(6) Special medication regimes including injection and intravenous medications.
(7) Management of insulin-dependent diabetes.
(8) Bowel care management, including enemas or suppositories.
(9) Indwelling urinary catheter/catheter procedure.
(10) Treatment for antimicrobial resistant infections.
(11) Treatment for wounds or pressure injuries.
(12) Postoperative care and rehabilitation.
(13) Pain management and palliative care.
(14) Renal dialysis.
(h) “Special health care needs” for a GHCSHN means a predictable and stable condition, as determined by the individual health care plan team, as described in paragraph (2) of subdivision (e), that can rapidly deteriorate, resulting in permanent injury or death, or that requires specialized in-home health care, as described in subdivisions (a) and (g) of Section 17710.

SEC. 11.

 Section 4684.53 of the Welfare and Institutions Code is amended to read:

4684.53.
 (a) The State Department of Developmental Services and the State Department of Social Services shall jointly implement a licensing program to provide special health care and intensive support services to adults, and a licensing program to provide special health care and intensive support services to children, in homelike community settings.
(b) The programs shall be implemented through approved community placement plans pursuant to former Section 4418.25, as that section read on June 30, 2026, or approved community resource development plans pursuant to Section 4418.25 as follows:
(1) For an adult who is identified by a regional center as an adult who could benefit from placement in an ARFPSHN.
(2) For a child who is identified by a regional center as a child who could benefit from placement in a GHCSHN.
(c) (1) Each ARFPSHN shall possess a community care facility license issued pursuant to Article 9 (commencing with Section 1567.50) of Chapter 3 of Division 2 of the Health and Safety Code. Until the Department of Social Services creates a stand-alone chapter for ARFPSHNs, each ARFPSHN shall be subject to the requirements of Chapter 1 (commencing with Section 80000) of Division 6 of Title 22 of the California Code of Regulations, except for Article 8 (commencing with Section 80090).
(2) Each GHCSHN shall possess a community care facility license issued pursuant to Article 9 (commencing with Section 1567.50) of Chapter 3 of Division 2 of the Health and Safety Code, and shall be subject to the requirements of Chapter 1 (commencing with Section 80000) and Chapter 5 (commencing with Section 84000) of Division 6 of Title 22 of the California Code of Regulations, except that Article 8 (commencing with Section 80090) of Chapter 1 of Division 6 of Title 22 of the California Code of Regulations shall not apply.
(d) For purposes of this article, a health facility licensed pursuant to subdivision (e) or (h) of Section 1250 of the Health and Safety Code may place its licensed bed capacity in voluntary suspension for the purpose of licensing the facility to operate an ARFPSHN or a GHCSHN if the facility is selected to participate pursuant to Section 4684.58. Consistent with subdivision (a) of Section 4684.50, any facility licensed pursuant to this section shall serve up to five adults or up to five children. A facility’s bed capacity shall not be placed in voluntary suspension until all consumers residing in the facility under the license to be suspended have been relocated. A consumer shall not be relocated unless it is reflected in the consumer’s individual program plan developed pursuant to Sections 4646 and 4646.5.
(e) Each ARFPSHN and each GHCSHN are subject to the requirements of Subchapters 5 to 9, inclusive, of Chapter 1 of, and Subchapters 2 and 4 of Chapter 3 of, Division 2 of Title 17 of the California Code of Regulations.
(f) Each ARFPSHN and each GHCSHN shall ensure that an operable automatic fire sprinkler system is installed and maintained.
(g) Each ARFPSHN and each GHCSHN shall have an operable automatic fire sprinkler system that is approved by the State Fire Marshal and that meets the National Fire Protection Association (NFPA) 13D standard for the installation of sprinkler systems in single- and two-family dwellings and manufactured homes. A local jurisdiction shall not require a sprinkler system exceeding this standard by amending the standard or by applying standards other than NFPA 13D. A public water agency shall not interpret this section as changing the status of a facility from a residence entitled to residential water rates, nor shall a new meter or larger connection pipe be required of the facility.
(h) Each ARFPSHN and each GHCSHN shall provide an alternative power source to operate all functions of the facility for a minimum of six hours in the event the primary power source is interrupted. The alternative power source shall comply with the manufacturer’s recommendations for installation and operation. The alternative power source shall be maintained in safe operating condition, and shall be tested every 14 days, or as per the manufacturer’s recommended schedule, under the full load condition for a minimum of 10 minutes. Written records of inspection, performance, exercising period, and repair of the alternative power source shall be regularly maintained on the premises and available for inspection by the State Department of Developmental Services.

SEC. 12.

 Section 4684.55 of the Welfare and Institutions Code is amended to read:

4684.55.
 (a) A regional center may not pay a rate to an ARFPSHN or a GHCSHN for a consumer that exceeds the rate in the State Department of Developmental Services’ rate model for those homes unless the regional center demonstrates that a higher rate is necessary to protect a consumer’s health and safety, and the department has granted prior written authorization.
(b) The established rate for a full month of service shall be made by the regional center if a consumer is temporarily absent from the ARFPSHN or from the GHCSHN for 14 days or less per month. If the consumer’s temporary absence is due to the need for inpatient care in a health facility, as defined in subdivision (a), (b), or (c) of Section 1250 of the Health and Safety Code, the regional center shall continue to pay the established rate as long as no other consumer occupies the vacancy created by the consumer’s temporary absence, or until the individual health care plan team has determined that the consumer will not return to the facility. In all other cases, the established rate shall be prorated for a partial month of service by dividing the established rate by 30.44 then by multiplying the quotient by the number of days the consumer resided in the facility.

SEC. 13.

 Section 4684.58 of the Welfare and Institutions Code is amended to read:

4684.58.
 (a) The regional center may recommend for participation, to the State Department of Developmental Services, an applicant to provide services as part of an approved community placement plan pursuant to former Section 4418.25, as that section read on June 30, 2026, or an approved community resource development plan pursuant to Section 4418.25, if the applicant meets all of the following requirements:
(1) The applicant employs or contracts with a program administrator who has a successful record of administering residential services for at least two years, as evidenced by substantial compliance with the applicable state licensing requirements.
(2) The applicant prepares and submits, to the regional center, a complete facility program plan that includes, but is not limited to, all of the following:
(A) The total number of the consumers to be served.
(B) A profile of the consumer population to be served, including their health care and intensive support needs.
(C) A description of the program components, including a description of the health care and intensive support services to be provided.
(D) A week’s program schedule, including proposed consumer day and community integration activities.
(E) A week’s proposed program staffing pattern, including licensed, unlicensed, and support personnel and the number and distribution of hours for such personnel.
(F) An organizational chart, including identification of lead and supervisory personnel.
(G) The consultants to be utilized, including their professional disciplines and hours to be worked per week or month, as appropriate.
(H) The plan for accessing and retaining consultant and health care services, including assessments, in the areas of physical therapy, occupational therapy, respiratory therapy, speech pathology, audiology, pharmacy, dietary/nutrition, dental, and other areas required for meeting the needs identified in consumers’ individual health care plans.
(I) A description, including the size, layout, location, and condition of the proposed home.
(J) A description of the equipment and supplies available, or to be obtained, for programming and care.
(K) The type, location, and response time of emergency medical service personnel.
(L) The in-service training program plan for at least the next 12 months, that shall include the plan for ensuring that the direct care personnel understands their roles and responsibilities related to implementing individual health care plans, prior to, or within, the first seven days of providing direct care in the home and for ensuring the administrator understands the unique roles, responsibilities, and expectations for administrators of community-based facilities.
(M) The plan for ensuring that outside services are coordinated, integrated, and consistent with those provided by the ARFPSHN or the GHCSHN.
(N) Written certification that an alternative power system required by subdivision (h) of Section 4684.53 meets the manufacturer’s recommendations for installation and operation.
(3) Submits a proposed budget and rate model worksheet.
(4) The applicant submits written certification that they have the ability to comply with all of the requirements of Section 1520 of the Health and Safety Code.
(b) The regional center shall provide all documentation specified in paragraphs (2) to (4), inclusive, of subdivision (a) and a letter recommending program certification to the State Department of Developmental Services.
(c) The State Department of Developmental Services shall either approve or deny the recommendation and transmit its written decision to the regional center and to the State Department of Social Services within 30 days of its decision. The decision of the State Department of Developmental Services not to approve an application for program certification shall be the final administrative decision.
(d) Any change in the ARFPSHN or the GHCSHN operation that alters the contents of the approved program plan shall be reported to the State Department of Developmental Services and the contracting regional center, and approved by both agencies, prior to implementation.

SEC. 14.

 Section 4684.81 of the Welfare and Institutions Code is amended to read:

4684.81.
 (a) The department shall use community placement plan and community resource development plan funds, as appropriated in the State Department of Developmental Services’ annual budget, to develop enhanced behavioral supports in homelike community settings. The enhanced behavioral supports homes shall be for purposes of providing intensive behavioral services and supports to adults and children with developmental disabilities who need intensive services and supports due to complex behaviors that cannot be managed in a community setting without the availability of enhanced behavioral services and supports, and who are at risk of institutionalization or out-of-state placement, or are transitioning to the community from a developmental center, other state-operated residential facility, institution for mental disease, or out-of-state placement.
(b) An enhanced behavioral supports home may only be established in an adult residential facility or a group home approved through a regional center community placement plan pursuant to former Section 4418.25, as that section read on June 30, 2026, or a regional center community resource development plan pursuant to Section 4418.25.
(c) Enhanced behavioral supports homes may be approved by the State Department of Developmental Services each fiscal year to the extent funding is available for this purpose, each for no more than four individuals with developmental disabilities. The homes shall be located throughout the state, as determined by the State Department of Developmental Services, based on regional center requests.
(d) Each enhanced behavioral supports home shall be licensed as an adult residential facility or a group home pursuant to the California Community Care Facilities Act (Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code) and certified by the State Department of Developmental Services, shall exceed the minimum requirements for a Residential Facility Service Level 4-i pursuant to Sections 56004 and 56013 of Subchapter 4 of Chapter 3 of Division 2 of Title 17 of the California Code of Regulations, and shall meet all applicable statutory and regulatory requirements applicable to a facility licensed as an adult residential facility or a group home for facility licensing, seclusion, and restraint, including Division 1.5 (commencing with Section 1180) of the Health and Safety Code, and the use of behavior modification interventions, subject to any additional requirements applicable to enhanced behavioral supports homes established by statute or by regulation promulgated pursuant to this article and Article 9.5 (commencing with Section 1567.61) of Chapter 3 of Division 2 of the Health and Safety Code.
(e) A regional center shall not place a consumer in an enhanced behavioral supports home unless the program is certified by the State Department of Developmental Services and the facility is licensed by the State Department of Social Services.
(f) The State Department of Developmental Services shall be responsible for granting the certificate of program approval for an enhanced behavioral supports home.
(g) The State Department of Developmental Services may, pursuant to Section 4684.85, decertify any enhanced behavioral supports home that does not comply with program requirements. Upon decertification of an enhanced behavioral supports home, the State Department of Developmental Services shall report the decertification to the State Department of Social Services. The State Department of Social Services shall revoke the license of the enhanced behavioral supports home that has been decertified pursuant to Section 1550 of the Health and Safety Code.
(h) If the State Department of Developmental Services determines that urgent action is necessary to protect a consumer residing in an enhanced behavioral supports home from physical or mental abuse, abandonment, or any other substantial threat to the consumer’s health and safety, the State Department of Developmental Services may request that the regional center or centers remove the consumer from the enhanced behavioral supports home or direct the regional center or centers to obtain alternative or additional services for the consumers within 24 hours of that determination. When possible, an individual program plan (IPP) meeting shall be convened to determine the appropriate action pursuant to this section. In any case, an IPP meeting shall be convened within 30 days following an action pursuant to this section.
(i) Enhanced behavioral supports homes shall have a facility program plan approved by the State Department of Developmental Services.
(1) No later than December 1, 2017, the department shall develop guidelines regarding the use of restraint or containment in enhanced behavioral supports homes, which shall be maintained in the facility program plan and plan of operation. In the development of these guidelines, the department shall consult with both of following:
(A) The appropriate professionals regarding the use of restraint or containment in enhanced behavioral supports homes.
(B) The protection and advocacy agency described in subdivision (i) of Section 4900 regarding appropriate safeguards for the protection of clients’ rights.
(2) The requirements of paragraph (1) shall not apply to enhanced behavioral supports homes that are certified and licensed prior to January 1, 2018, or prior to the adoption of the guidelines required in paragraph (1), whichever is sooner. However, these homes shall meet the requirements of paragraph (1) no later than 30 days following adoption of the guidelines.
(3) An enhanced behavioral supports home shall include in its facility program plan a description of how it will ensure physical restraint or containment will not be used as an extended procedure in accordance with this section, subdivision (h) of Section 1180.4 of the Health and Safety Code, and any other applicable law or regulation.
(4) The facility program plan approved by the State Department of Developmental Services shall be submitted to the State Department of Social Services for inclusion in the facility plan of operation.
(5) The vendoring regional center and each consumer’s regional center shall have joint responsibility for monitoring and evaluating the services provided in the enhanced behavioral supports home. Monitoring shall include at least quarterly, or more frequently if specified in the consumer’s individual program plan, face-to-face, onsite case management visits with each consumer by the consumer’s regional center and at least quarterly quality assurance visits by the vendoring regional center. The State Department of Developmental Services shall monitor and ensure the regional centers’ compliance with their monitoring responsibilities.
(j) The State Department of Developmental Services shall establish by regulation a rate methodology for enhanced behavioral supports homes that includes a fixed facility component for residential services and an individualized services and supports component based on each consumer’s needs as determined through the individual program plan process, which may include assistance with transitioning to a less restrictive community residential setting.
(k) (1) The established facility rate for a full month of service, as defined in regulations adopted pursuant to this article, shall be paid based on the licensed capacity of the facility once the facility reaches maximum capacity, despite the temporary absence of one or more consumers from the facility or subsequent temporary vacancies created by consumers moving from the facility. Prior to the facility reaching licensed capacity, the facility rate shall be prorated based on the number of consumers residing in the facility.
When a consumer is temporarily absent from the facility, including when a consumer is in need for inpatient care in a health facility, as defined in subdivision (a), (b), or (c) of Section 1250 of the Health and Safety Code, the regional center may, based on consumer need, continue to fund individual services, in addition to paying the facility rate. Individual consumer services funded by the regional center during a consumer’s absence from the facility shall be approved by the regional center director and shall only be approved in 14-day increments. The regional center shall maintain documentation of the need for these services and the regional center director’s approval.
(2) An enhanced behavioral supports home using delayed egress devices, in compliance with Section 1531.1 of the Health and Safety Code, may utilize secured perimeters, in compliance with Section 1531.15 of the Health and Safety Code and applicable regulations. No more than 11 enhanced behavioral supports homes that use delayed egress devices in combination with a secured perimeter shall be certified. Enhanced behavioral supports homes shall be counted for purposes of the statewide limit established in regulations on the total number of beds permitted in homes with delayed egress devices in combination with secured perimeters pursuant to subdivision (k) of Section 1531.15 of the Health and Safety Code.

SEC. 15.

 Section 4698 of the Welfare and Institutions Code is amended to read:

4698.
 (a) (1) “Community crisis home” means a facility certified by the State Department of Developmental Services pursuant to this article, and licensed by the State Department of Social Services, pursuant to Article 9.7 (commencing with Section 1567.80) of Chapter 3 of Division 2 of the Health and Safety Code, as an adult residential facility or a group home providing 24-hour nonmedical care to individuals with developmental disabilities receiving regional center services and in need of crisis intervention services who would otherwise be at risk of admission to a State Department of Developmental Services-operated facility, an out-of-state placement, a general acute hospital, an acute psychiatric hospital, or an institution for mental disease, as described in Part 5 (commencing with Section 5900) of Division 5. A community crisis home shall have a maximum capacity of eight consumers. No more than one-third of community crisis homes may exceed a capacity of six consumers.
(2) “Consumer,” “client,” or “individual” means a person who has been determined by a regional center to meet the eligibility criteria of Section 4512 and applicable regulations and for whom the regional center has accepted responsibility.
(b) (1) The State Department of Developmental Services, using community resource development plan funds, shall establish community-based residential options consisting of community crisis homes for adults and community crisis homes for children. The community crisis homes shall serve individuals who meet all of the following criteria:
(A) The child or adult has one or more developmental disabilities.
(B) The child or adult receives regional center services.
(C) The child or adult requires crisis intervention services.
(D) The child or adult would otherwise be at risk of admission to a State Department of Developmental Services-operated facility, an out-of-state placement, a general acute hospital, an acute psychiatric hospital, or an institution for mental disease, as described in Part 5 (commencing with Section 5900) of Division 5.
(2) The State Department of Developmental Services may issue a certificate of program approval to a community crisis home qualified pursuant to this article.
(3) A community crisis home using delayed egress devices may utilize secured perimeters in compliance with Section 1531.15 of the Health and Safety Code and applicable regulations. The total number of community crisis beds using delayed egress devices in combination with secured perimeters shall not exceed 20 percent of the statewide limit established in subdivision (k) of Section 1531.15 of the Health and Safety Code. A community crisis home that uses delayed egress devices in combination with secured perimeters shall not have more than six beds.
(c) A community crisis home shall not be licensed by the State Department of Social Services until the certificate of program approval, issued pursuant to this article by the State Department of Developmental Services, has been received.
(1) A community crisis home shall be certified only if approved through a regional center community placement plan pursuant to former Section 4418.25, as that section read on June 30, 2026, or a regional center community resource development plan pursuant to Section 4418.25. Each home shall conform to Section 441.530(a)(1) of Title 42 of the Code of Federal Regulations. The home shall be eligible for federal Medicaid home- and community-based services funding, unless the State Department of Developmental Services approves the use of delayed egress devices with secured perimeters to be utilized at the community crisis home pursuant to Section 1531.15 of the Health and Safety Code.
(2) A consumer shall not be placed in a community crisis home unless the program is certified by the State Department of Developmental Services, pursuant to this article, and the facility is licensed by the State Department of Social Services, pursuant to Article 9.7 (commencing with Section 1567.80) of Chapter 3 of Division 2 of the Health and Safety Code.
(3) A certificate of program approval, issued pursuant to this article by the State Department of Developmental Services, shall be a condition of licensure for the community crisis home by the State Department of Social Services, pursuant to Article 9.7 (commencing with Section 1567.80) of Chapter 3 of Division 2 of the Health and Safety Code.
(4) Community crisis homes shall exceed the minimum requirements for a Residential Facility Service Level 4I pursuant to Sections 56004 and 56013 of Title 17 of the California Code of Regulations, and shall meet all applicable statutory and regulatory requirements for facility licensing, the use of behavior modification interventions, and seclusion and restraint, including Division 1.5 (commencing with Section 1180) of the Health and Safety Code, and that are applicable to facilities licensed as adult residential facilities.
(d) Community crisis homes shall have a facility program plan approved by the State Department of Developmental Services. The facility program plan approved by the State Department of Developmental Services shall be submitted to the State Department of Social Services for inclusion in the facility plan of operation, pursuant to Section 1567.84 of the Health and Safety Code.
(1) No later than March 1, 2020, the department shall develop guidelines regarding the use of restraint or containment in community crisis homes, which shall be maintained in the facility program plan and plan of operation. In the development of these guidelines, the department shall consult with both of the following:
(A) The appropriate professionals regarding the use of restraint or containment in community crisis homes.
(B) The protection and advocacy agency described in subdivision (i) of Section 4900 regarding appropriate safeguards for the protection of clients’ rights.
(2) The requirements of paragraph (1) shall not apply to community crisis homes that are certified and licensed prior to March 1, 2020, or prior to the adoption of the guidelines required in paragraph (1), whichever is sooner. However, these homes shall meet the requirements of paragraph (1) no later than 30 days following adoption of the guidelines.
(3) A community crisis home shall include in its facility program plan a description of how it will ensure physical restraint or containment will not be used as an extended procedure in accordance with this section, subdivision (h) of Section 1180.4 of the Health and Safety Code, and any other applicable law or regulation.
(e) The local regional center and each consumer’s regional center shall have joint responsibility for monitoring and evaluating the provision of services in the community crisis home. Monitoring shall include at least monthly face-to-face, onsite case management visits with each consumer by the consumer’s regional center and at least quarterly quality assurance visits by the vendoring regional center. The State Department of Developmental Services shall monitor and ensure the regional centers’ compliance with their monitoring responsibilities.
(f) A consumer’s regional center shall also notify the clients’ rights advocate of each community crisis home admission. Unless the consumer objects on the consumer’s own behalf, the clients’ rights advocate may participate in developing the plan to transition the consumer to the consumer’s prior residence or an alternative community-based residential setting with needed services and supports.
(g) The State Department of Developmental Services shall establish by regulation a rate methodology for community crisis homes that includes a fixed facility component for residential services and an individualized services and supports component based on each consumer’s needs as determined through the individual program plan process, which may include assistance with returning to the consumer’s prior living arrangement or transitioning to an alternative community residential setting, including, when appropriate for the individual, wraparound services through intensive individualized support services.
(h) If the State Department of Developmental Services determines that urgent action is necessary to protect a consumer residing in a community crisis home from physical or mental abuse, abandonment, or any other substantial threat to the consumer’s health and safety, the State Department of Developmental Services may request that the regional center or centers remove the consumer from the community crisis home or direct the regional center or centers to obtain alternative or additional services for the consumer within 24 hours of that determination. When possible, an individual program plan (IPP) meeting shall be convened to determine the appropriate action pursuant to this section. In any case, an IPP meeting shall be convened within 30 days following an action pursuant to this section. The regional center shall notify the clients’ rights advocate of any removal from the community crisis home.
(i) The State Department of Developmental Services shall rescind a community crisis home’s certificate of program approval when it determines that a community crisis home does not maintain substantial compliance with an applicable statute, regulation, or ordinance, or cannot ensure the health and safety of consumers. The decision of the State Department of Developmental Services shall be the final administrative decision. The State Department of Developmental Services shall transmit a decision rescinding a community crisis home’s certificate of program approval to the State Department of Social Services and the regional center with a recommendation as to whether to revoke the community crisis home license, and the State Department of Social Services shall revoke the license of the community crisis home pursuant to Section 1550 of the Health and Safety Code.
(j) The State Department of Developmental Services and regional centers shall provide to the State Department of Social Services all available documentation and evidentiary support necessary for the licensing and administration of community crisis homes and enforcement of Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code, and the applicable regulations.

SEC. 16.

 Section 4781.6 of the Welfare and Institutions Code is amended to read:

4781.6.
 (a) A regional center shall not expend any purchase of service funds for the startup of any new program unless the expenditure is necessary to protect the consumer’s health or safety or because of extraordinary circumstances, and the department has granted prior written authorization for the expenditures.
(b) This section does not apply to the purchase of services funds allocated as part of the department’s community placement plan process pursuant to former Section 4418.25, as that section read on June 30, 2026, or the community resource development plan process pursuant to Section 4418.25.

SEC. 17.

 Section 4.5 of this bill incorporates amendments to Section 4474.17 of the Welfare and Institutions Code proposed by both this bill and Assembly Bill 2414. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2027, but this bill becomes operative first, (2) each bill amends Section 4474.17 of the Welfare and Institutions Code, and (3) this bill is enacted after Assembly Bill 2414, in which case Section 4474.17 of the Welfare and Institutions Code, as amended by Section 4 of this bill, shall remain operative only until the operative date of Assembly Bill 2414, at which time Section 4.5 of this bill shall become operative.

SEC. 18.

 For the 2026–27 fiscal year, the sum of one million five hundred thousand dollars ($1,500,000) is hereby appropriated from the Federal Trust Fund to the State Department of Developmental Services to support receipt of federal grant awards related to early intervention services. These funds shall be available for encumbrance or expenditure through June 30, 2027.

SEC. 19.

 This act is a bill providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution, has been identified as related to the budget in the Budget Bill, and shall take effect immediately.

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