Bill Text: CA AB89 | 2013-2014 | Regular Session | Chaptered
Bill Title: Developmental services.
Spectrum: Partisan Bill (Democrat 15-0)
Status: (Passed) 2013-06-27 - Chaptered by Secretary of State - Chapter 25, Statutes of 2013. [AB89 Detail]
Download: California-2013-AB89-Chaptered.html
BILL NUMBER: AB 89 CHAPTERED
BILL TEXT
CHAPTER 25
FILED WITH SECRETARY OF STATE JUNE 27, 2013
APPROVED BY GOVERNOR JUNE 27, 2013
PASSED THE SENATE JUNE 14, 2013
PASSED THE ASSEMBLY JUNE 14, 2013
AMENDED IN SENATE JUNE 11, 2013
INTRODUCED BY Committee on Budget (Blumenfield (Chair), Bloom,
Bonilla, Chesbro, Daly, Dickinson, Gordon, Jones-Sawyer, Mitchell,
Mullin, Muratsuchi, Nazarian, Rendon, Stone, and Ting)
JANUARY 10, 2013
An act to amend Sections 4418.25, 4474.2, 4519.5, 4648, 4785,
4801, 6500, and 6509 of, to add Sections 4519.6, 4659.1, and 4806 to,
and to add and repeal Section 4648.01 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 89, Committee on Budget. Developmental services.
(1) Existing law vests the State Department of Developmental
Services with jurisdiction over state hospitals, referred to as
developmental centers, for the provision of care to persons with
developmental disabilities. Existing law, the Lanterman Developmental
Disabilities Services Act, requires that treatment, services, and
supports be provided in natural community settings to the maximum
extent possible, and authorizes the department to contract with
regional centers to provide services and supports to individuals with
developmental disabilities.
This bill would require the California Health and Human Services
Agency to submit to the Legislature a master plan for the future of
developmental centers by November 15, 2013. The bill would also
require the agency to submit, by January 10, 2014, a report to the
Legislature regarding, among other things, the ability of community
resources to meet the specialized needs of residents now living in
developmental centers.
(2) Under existing law, every developmentally disabled person who
is admitted or committed to a state hospital, developmental center,
community care facility, health facility, or other placement has a
right to a hearing by writ of habeas corpus for his or her release
after a request for release is made to any employee of the center or
facility. Existing law requires that at the time the petition for the
writ of habeas corpus is filed with the court, the clerk of the
court transmit a copy of the petition, together with notification as
to the time and place of an evidentiary hearing in the matter, to the
parent or conservator of the person seeking release or for whom
release is sought and to the director of the appropriate regional
center.
This bill would require the clerk of the court to provide the
above-described notice and petition to the clients' rights advocate
of the appropriate regional center, and would authorize that advocate
to attend these hearings to assist in protecting the individual's
rights.
By imposing this additional duty on court clerks, this bill would
impose a state-mandated local program.
(3) Under existing law, the services and supports to be provided
to a regional center consumer are contained in an individual program
plan, developed in accordance with prescribed requirements.
This bill would authorize a regional center to pay any applicable
copayment or coinsurance for a service and support required by a
consumer's individual program plan if the service is paid for by the
health care service plan or health insurance policy of the consumer
or his or her parent, guardian, or caregiver and specified conditions
are met. The bill would prohibit a regional center from paying
health care service plan or health insurance policy deductibles.
(4) Existing law requires the State Department of Developmental
Services and the regional centers to annually collaborate to compile
data relating to purchase of service authorization, utilization, and
expenditure by each regional center, as specified. Under existing
law, the department and each regional center is required to post this
data on their respective Internet Web sites by December 31 of each
year, and requires each regional center to hold a public meeting with
stakeholders regarding the data within 3 months of its compilation.
This bill would require each regional center to inform the
department regarding the scheduling of those public meetings, and to
post a notice of a meeting on its Internet Web site 30 days prior to
the meeting. The bill would also require the department to post a
notice of the meeting on its Internet Web site. The bill would
further require the department and the regional centers to annually
collaborate to determine the most appropriate methods to collect and
compile data related to the payment of copayments and coinsurance by
each regional center.
(5) Existing law requires the State Department of Developmental
Services to establish policies and procedures for the development of
an annual community placement plan by regional centers. Existing law
also requires the department to establish a statewide specialized
resource service to reduce reliance on out-of-state placements and
developmental centers and mental health facilities for which federal
funding is not available. Existing law requires regional centers to
complete a comprehensive assessment of specified consumers residing
in developmental centers, and requires that this assessment be
provided to the individual program planning team in order to assist
the planning team in determining the least restrictive environment
for the consumer.
This bill would require the regional center to also provide, to
the extent appropriate, relevant information from the statewide
specialized resource service to the individual program planning team.
The bill would also require that the clients' rights advocate for
the regional center be notified of each individual program plan
meeting that includes discussion of the results of the assessment,
and would authorize the advocate to participate in the meeting unless
the consumer objects on his or her own behalf.
(6) Existing law prohibits a regional center from purchasing new
residential services from institutions for mental disease for which
federal Medicaid funding is not available, except in emergencies, as
specified. Existing law limits these emergency placements to 180
days.
This bill would additionally prohibit the placement of a consumer
in an institution for mental disease regardless of the availability
of federal funding, subject to specified exceptions. The bill would
require that the clients' rights advocate for the regional center be
notified of each admission to an institution for mental disease, as
specified. The bill would authorize, until July 1, 2014, the
placement of consumers who are under 21 years of age for a period
that exceeds 180 days if specified conditions are satisfied.
(7) Existing law, until June 30, 2013, establishes a family
program fee, as specified, for families with an adjusted gross family
income, as defined, at or above 400% of the federal poverty level
and who have a child meeting prescribed requirements, including
receiving specified services from a regional center.
This bill would extend the operation of these provisions
indefinitely.
(8) Existing law prohibits the commitment of a person with a
developmental disability to the department unless the person is a
danger to self or others and is being committed due to an acute
crisis or because he or she is mentally incompetent to stand trial,
or the person currently is a resident of a state developmental center
or state-operated community facility pursuant to an order of
commitment made prior to July 1, 2012, as specified.
This bill would instead permit a person with a developmental
disability to be committed to the department for residential
placement other than in a state developmental center or
state-operated community facility, as prescribed, if the person is
found to be a danger to self or others, as specified.
(9) Existing law provides for the closure of the Lanterman
Developmental Center, including authorization for the State
Department of Developmental Services to contract with any entity for
the use of the department's employees to provide services in
furtherance of the orderly closure of Lanterman Developmental Center,
and specifies that the services of these employees may be used for
up to 2 years following the transfer of the last resident of the
Lanterman Developmental Center, as specified.
This bill would require the department to complete closure of the
Lanterman Developmental Center no later than December 31, 2014. The
bill would also delete that 2-year limitation on the use of employees
of the State Department of Developmental Services.
(10)The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
(11) The Budget Act of 2010 appropriates $300,370,000 for the
support of the State Department of Developmental Services.
This bill would extend the period to liquidate encumbrances of
that appropriation to June 30, 2014, thereby making an appropriation.
(12) This bill would declare that it is to take effect immediately
as a bill providing for appropriations related to the Budget Bill.
Appropriation: yes.
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) 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.
(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 any 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, when 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
shall be provided to the individual program planning team in order to
assist the planning team in determining the least restrictive
environment for the consumer. These assessments 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. For each
individual program plan meeting that includes discussion of the
results of the assessment, the clients' rights advocate for the
regional center shall be notified of the meeting and may participate
in the meeting unless the consumer objects on his or her own behalf.
(d) 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
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.
(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.
SEC. 2. Section 4474.2 of the Welfare and Institutions Code is
amended to read:
4474.2. (a) Notwithstanding any law to the contrary, the
department may operate any facility, provide its employees to assist
in the operation of any facility, or provide other necessary services
and supports if, in the discretion of the department, it determines
that the activity will assist in meeting the goal of the orderly
closures of Agnews Developmental Center and Lanterman Developmental
Center. The department may contract with any entity for the use of
the department's employees to provide services in furtherance of the
orderly closures of Agnews Developmental Center and Lanterman
Developmental Center.
(b) The department shall prepare a report on the use of the
department's employees in providing services in the community to
assist in the orderly closures of Agnews Developmental Center and
Lanterman Developmental Center. The report shall include data on the
number and classification of state employees working in the community
program. The report shall be submitted with the Governor's proposed
budget for the 2012-13 fiscal year to the fiscal committees of both
houses of the Legislature and annually thereafter.
SEC. 3. Section 4519.5 of the Welfare and Institutions Code is
amended to read:
4519.5. (a) The department and the regional centers shall
annually collaborate to compile data in a uniform manner relating to
purchase of service authorization, utilization, and expenditure by
each regional center with respect to all of the following:
(1) The age of consumer, categorized by the following:
(A) Birth to age two, inclusive.
(B) Three to 21, inclusive.
(C) Twenty-two and older.
(2) Race or ethnicity of the consumer.
(3) Primary language spoken by the consumer, and other related
details, as feasible.
(4) Disability detail, in accordance with the categories
established by subdivision (a) of Section 4512, and, if applicable, a
category specifying that the disability is unknown.
(b) The data reported pursuant to subdivision (a) shall also
include the number and percentage of individuals, categorized by age,
race or ethnicity, and disability, who have been determined to be
eligible for regional center services but are not receiving purchase
of service funds.
(c) By March 31, 2013, each regional center shall post the data
described in this section that is specific to the regional center on
its Internet Web site. Commencing on December 31, 2013, each regional
center shall annually post this data by December 31.
(d) By March 31, 2013, the department shall post the information
described in this section on a statewide basis on its Internet Web
site. Commencing December 31, 2013, the department shall annually
post this information by December 31. The department shall also post
notice of any regional center stakeholder meetings on its Internet
Web site.
(e) Within three months of compiling the data with the department,
and annually thereafter, each regional center shall meet with
stakeholders in a public meeting regarding the data. Regional centers
shall inform the department of the scheduling of those public
meetings 30 days prior to the meeting. Notice of the meetings shall
also be posted on the regional center's Internet Web site 30 days
prior to the meeting and shall be sent to individual stakeholders and
groups representing underserved communities in a timely manner.
SEC. 4. Section 4519.6 is added to the Welfare and Institutions
Code, to read:
4519.6. The department and the regional centers shall annually
collaborate to determine the most appropriate methods to collect and
compile meaningful data in a uniform manner, as specified in Section
4519.5, related to the payment of copayments and coinsurance by each
regional center.
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 in achieving the
greatest self-sufficiency possible and in exercising personal
choices. The regional center shall secure services and supports that
meet the needs of the consumer, as determined in the consumer's
individual program plan, and within the context of the individual
program plan, the planning team shall give highest preference to
those services and supports which would allow minors with
developmental disabilities to live with their families, adult persons
with developmental disabilities to live as independently as possible
in the community, and that allow all consumers to interact with
persons without disabilities in positive, meaningful ways.
(2) In implementing individual program plans, regional centers,
through the planning team, shall first consider services and supports
in natural community, home, work, and recreational settings.
Services and supports shall be flexible and individually tailored to
the consumer and, where appropriate, his or her family.
(3) A regional center may, pursuant to vendorization or a
contract, purchase services or supports for a consumer from any
individual or agency which the regional center and consumer or, where
appropriate, his or her parents, legal guardian, or conservator, or
authorized representatives, determines will best accomplish all or
any part of that consumer's program plan.
(A) Vendorization or contracting is the process for
identification, selection, and utilization of service vendors or
contractors, based on the qualifications and other requirements
necessary in order to provide the service.
(B) A regional center may reimburse an individual or agency for
services or supports provided to a regional center consumer if the
individual or agency has a rate of payment for vendored or contracted
services established by the department, pursuant to this division,
and is providing services pursuant to an emergency vendorization or
has completed the vendorization procedures or has entered into a
contract with the regional center and continues to comply with the
vendorization or contracting requirements. The director shall adopt
regulations governing the vendorization process to be utilized by the
department, regional centers, vendors and the individual or agency
requesting vendorization.
(C) Regulations shall include, but not be limited to: the vendor
application process, and the basis for accepting or denying an
application; the qualification and requirements for each category of
services that may be provided to a regional center consumer through a
vendor; requirements for emergency vendorization; procedures for
termination of vendorization; the procedure for an individual or an
agency to appeal any vendorization decision made by the department or
regional center.
(D) A regional center may vendorize a licensed facility for
exclusive services to persons with developmental disabilities at a
capacity equal to or less than the facility's licensed capacity. A
facility already licensed on January 1, 1999, shall continue to be
vendorized at their full licensed capacity until the facility agrees
to vendorization at a reduced capacity.
(E) Effective July 1, 2009, notwithstanding any other provision of
law or regulation to the contrary, a regional center shall not newly
vendor a State Department of Social Services licensed 24-hour
residential care facility with a licensed capacity of 16 or more
beds, unless the facility qualifies for receipt of federal funds
under the Medicaid Program.
(4) Notwithstanding subparagraph (B) of paragraph (3), a regional
center may contract or issue a voucher for services and supports
provided to a consumer or family at a cost not to exceed the maximum
rate of payment for that service or support established by the
department. If a rate has not been established by the department, the
regional center may, for an interim period, contract for a specified
service or support with, and establish a rate of payment for, any
provider of the service or support necessary to implement a consumer'
s individual program plan. Contracts may be negotiated for a period
of up to three years, with annual review and subject to the
availability of funds.
(5) In order to ensure the maximum flexibility and availability of
appropriate services and supports for persons with developmental
disabilities, the department shall establish and maintain an
equitable system of payment to providers of services and supports
identified as necessary to the implementation of a consumers'
individual program plan. The system of payment shall include
provision for a rate to ensure that the provider can meet the special
needs of consumers and provide quality services and supports in the
least restrictive setting as required by law.
(6) The regional center and the consumer, or where appropriate,
his or her parents, legal guardian, conservator, or authorized
representative, including those appointed pursuant to subdivision (d)
of Section 4548, subdivision (b) of Section 4701.6, or subdivision
(e) of Section 4705, shall, pursuant to the individual program plan,
consider all of the following when selecting a provider of consumer
services and supports:
(A) A provider's ability to deliver quality services or supports
which can accomplish all or part of the consumer's individual program
plan.
(B) A provider's success in achieving the objectives set forth in
the individual program plan.
(C) Where appropriate, the existence of licensing, accreditation,
or professional certification.
(D) The cost of providing services or supports of comparable
quality by different providers, if available, shall be reviewed, and
the least costly available provider of comparable service, including
the cost of transportation, who is able to accomplish all or part of
the consumer's individual program plan, consistent with the
particular needs of the consumer and family as identified in the
individual program plan, shall be selected. In determining the least
costly provider, the availability of federal financial participation
shall be considered. The consumer shall not be required to use the
least costly provider if it will result in the consumer moving from
an existing provider of services or supports to more restrictive or
less integrated services or supports.
(E) The consumer's choice of providers, or, where appropriate, the
consumer's parent's, legal guardian's, authorized representative's,
or conservator's choice of providers.
(7) No service or support provided by any agency or individual
shall be continued unless the consumer or, where appropriate, his or
her parents, legal guardian, or conservator, or authorized
representative, including those appointed pursuant to subdivision (d)
of Section 4548, subdivision (b) of Section 4701.6, or subdivision
(e) of Section 4705, is satisfied and the regional center and the
consumer or, when appropriate, the person's parents or legal guardian
or conservator agree that planned services and supports have been
provided, and reasonable progress toward objectives have been made.
(8) Regional center funds shall not be used to supplant the budget
of any agency that has a legal responsibility to serve all members
of the general public and is receiving public funds for providing
those services.
(9) (A) A regional center may, directly or through an agency
acting on behalf of the center, provide placement in, purchase of, or
follow-along services to persons with developmental disabilities in,
appropriate community living arrangements, including, but not
limited to, support service for consumers in homes they own or lease,
foster family placements, health care facilities, and licensed
community care facilities. In considering appropriate placement
alternatives for children with developmental disabilities, approval
by the child's parent or guardian shall be obtained before placement
is made.
(B) Effective July 1, 2012, notwithstanding any other law or
regulation to the contrary, a regional center shall not purchase
residential services from a State Department of Social Services
licensed 24-hour residential care facility with a licensed capacity
of 16 or more beds. This prohibition on regional center purchase of
residential services shall not apply to any of the following:
(i) A residential facility with a licensed capacity of 16 or more
beds that has been approved to participate in the department's Home
and Community Based Services Waiver or another existing waiver
program or certified to participate in the Medi-Cal program.
(ii) A residential facility service provider that has a written
agreement and specific plan prior to July 1, 2012, with the vendoring
regional center to downsize the existing facility by transitioning
its residential services to living arrangements of 15 beds or less or
restructure the large facility to meet federal Medicaid eligibility
requirements on or before June 30, 2013.
(iii) A residential facility licensed as a mental health
rehabilitation center by the State Department of Mental Health or
successor agency under any of the following circumstances:
(I) The facility is eligible for Medicaid reimbursement.
(II) The facility has a department-approved plan in place by June
30, 2013, to transition to a program structure eligible for federal
Medicaid funding, and this transition will be completed by June 30,
2014. The department may grant an extension for the date by which the
transition will be completed if the facility demonstrates that it
has made significant progress toward transition, and states with
specificity the timeframe by which the transition will be completed
and the specified steps that will be taken to accomplish the
transition. A regional center may pay for the costs of care and
treatment of a consumer residing in the facility on June 30, 2012,
until June 30, 2013, inclusive, and, if the facility has a
department-approved plan in place by June 30, 2013, may continue to
pay the costs under this subparagraph until June 30, 2014, or until
the end of any period during which the department has granted an
extension.
(III) There is an emergency circumstance in which the regional
center determines that it cannot locate alternate federally eligible
services to meet the consumer's needs. Under such an emergency
circumstance, an assessment shall be completed by the regional center
as soon as possible and within 30 days of admission. An individual
program plan meeting shall be convened immediately following the
assessment to determine the services and supports needed for
stabilization and to develop a plan to transition the consumer from
the facility into the community. If transition is not expected within
90 days of admission, an individual program plan meeting shall be
held to discuss the status of transition and to determine if the
consumer is still in need of placement in the facility. Commencing
October 1, 2012, this determination shall be made after also
considering resource options identified by the statewide specialized
resource service. If it is determined that emergency services
continue to be necessary, the regional center shall submit an updated
transition plan that can cover a period of up to 90 days. In no
event shall placements under these emergency circumstances exceed 180
days.
(C) (i) Effective July 1, 2012, notwithstanding any other law or
regulation to the contrary, a regional center shall not purchase new
residential services from, or place a consumer in, institutions for
mental disease, as described in Part 5 (commencing with Section 5900)
of Division 5, for which federal Medicaid funding is not available.
Effective July 1, 2013, this prohibition applies regardless of the
availability of federal funding.
(ii) The prohibition described in clause (i) shall not apply to
emergencies, as determined by the regional center, when a regional
center cannot locate alternate services to meet the consumer's needs.
As soon as possible within 30 days of admission due to an emergency,
an assessment shall be completed by the regional center. An
individual program plan meeting shall be convened immediately
following the assessment, to determine the services and supports
needed for stabilization and to develop a plan to transition the
consumer from the facility to the community. If transition is not
expected within 90 days of admission, an emergency program plan
meeting shall be held to discuss the status of the transition and to
determine if the consumer is still in need of placement in the
facility. If emergency services continue to be necessary, the
regional center shall submit an updated transition plan to the
department for an extension of up to 90 days. Placement shall not
exceed 180 days.
(iii) To the extent feasible, prior to any admission, the
regional center shall consider resource options identified by the
statewide specialized resource service established pursuant to
subdivision (b) of Section 4418.25.
(iv) The clients' rights advocate shall be notified of each
admission and individual program planning meeting pursuant to this
subparagraph and may participate in all individual program planning
meetings unless the consumer objects on his or her own behalf.
(v) Regional centers shall complete a comprehensive assessment of
any consumer residing in an institution for mental disease as of
July 1, 2012, for which federal Medicaid funding is not available,
and for any consumer residing in an institution for mental disease as
of July 1, 2013, without regard to federal funding. The
comprehensive assessment shall be completed prior to the consumer's
next scheduled individual program plan meeting and shall include
identification of the services and supports needed and the timeline
for identifying or developing those services needed to transition the
consumer back to the community. Effective October 1, 2012, the
regional center shall also consider resource options identified by
the statewide specialized resource service. For each individual
program plan meeting convened pursuant to this subparagraph, the
clients' rights advocate for the regional center shall be notified of
the meeting and may participate in the meeting unless the consumer
objects on his or her own behalf.
(D) Each person with developmental disabilities placed by the
regional center in a community living arrangement shall have the
rights specified in this division. These rights shall be brought to
the person's attention by any means necessary to reasonably
communicate these rights to each resident, provided that, at a
minimum, the Director of Developmental Services prepare, provide, and
require to be clearly posted in all residential facilities and day
programs a poster using simplified language and pictures that is
designed to be more understandable by persons with cognitive
disabilities and that the rights information shall also be available
through the regional center to each residential facility and day
program in alternative formats, including, but not limited to, other
languages, braille, and audio tapes, when necessary to meet the
communication needs of consumers.
(E) Consumers are eligible to receive supplemental services
including, but not limited to, additional staffing, pursuant to the
process described in subdivision (d) of Section 4646. Necessary
additional staffing that is not specifically included in the rates
paid to the service provider may be purchased by the regional center
if the additional staff are in excess of the amount required by
regulation and the individual's planning team determines the
additional services are consistent with the provisions of the
individual program plan. Additional staff should be periodically
reviewed by the planning team for consistency with the individual
program plan objectives in order to determine if continued use of the
additional staff is necessary and appropriate and if the service is
producing outcomes consistent with the individual program plan.
Regional centers shall monitor programs to ensure that the additional
staff is being provided and utilized appropriately.
(10) Emergency and crisis intervention services including, but not
limited to, mental health services and behavior modification
services, may be provided, as needed, to maintain persons with
developmental disabilities in the living arrangement of their own
choice. Crisis services shall first be provided without disrupting a
person's living arrangement. If crisis intervention services are
unsuccessful, emergency housing shall be available in the person's
home community. If dislocation cannot be avoided, every effort shall
be made to return the person to his or her living arrangement of
choice, with all necessary supports, as soon as possible.
(11) Among other service and support options, planning teams shall
consider the use of paid roommates or neighbors, personal
assistance, technical and financial assistance, and all other service
and support options which would result in greater self-sufficiency
for the consumer and cost-effectiveness to the state.
(12) When facilitation as specified in an individual program plan
requires the services of an individual, the facilitator shall be of
the consumer's choosing.
(13) The community support may be provided to assist individuals
with developmental disabilities to fully participate in community and
civic life, including, but not limited to, programs, services, work
opportunities, business, and activities available to persons without
disabilities. This facilitation shall include, but not be limited to,
any of the following:
(A) Outreach and education to programs and services within the
community.
(B) Direct support to individuals which would enable them to more
fully participate in their community.
(C) Developing unpaid natural supports when possible.
(14) When feasible and recommended by the individual program
planning team, for purposes of facilitating better and cost-effective
services for consumers or family members, technology, including
telecommunication technology, may be used in conjunction with other
services and supports. Technology in lieu of a consumer's in-person
appearances at judicial proceedings or administrative due process
hearings may be used only if the consumer or, when appropriate, the
consumer's parent, legal guardian, conservator, or authorized
representative, gives informed consent. Technology may be used in
lieu of, or in conjunction with, in-person training for providers, as
appropriate.
(15) Other services and supports may be provided as set forth in
Sections 4685, 4686, 4687, 4688, and 4689, when necessary.
(16) Notwithstanding any other provision of law or regulation to
the contrary, effective July 1, 2009, regional centers shall not
purchase experimental treatments, therapeutic services, or devices
that have not been clinically determined or scientifically proven to
be effective or safe or for which risks and complications are
unknown. Experimental treatments or therapeutic services include
experimental medical or nutritional therapy when the use of the
product for that purpose is not a general physician practice. For
regional center consumers receiving these services as part of their
individual program plan (IPP) or individualized family service plan
(IFSP) on July 1, 2009, this prohibition shall apply on August 1,
2009.
(b) (1) Advocacy for, and protection of, the civil, legal, and
service rights of persons with developmental disabilities as
established in this division.
(2) Whenever the advocacy efforts of a regional center to secure
or protect the civil, legal, or service rights of any of its
consumers prove ineffective, the regional center or the person with
developmental disabilities or his or her parents, legal guardian, or
other representative may request the area board to initiate action
under the provisions defining area board advocacy functions
established in this division.
(c) The regional center may assist consumers and families
directly, or through a provider, in identifying and building circles
of support within the community.
(d) In order to increase the quality of community services and
protect consumers, the regional center shall, when appropriate, take
either of the following actions:
(1) Identify services and supports that are ineffective or of poor
quality and provide or secure consultation, training, or technical
assistance services for any agency or individual provider to assist
that agency or individual provider in upgrading the quality of
services or supports.
(2) Identify providers of services or supports that may not be in
compliance with local, state, and federal statutes and regulations
and notify the appropriate licensing or regulatory authority, or
request the area board to investigate the possible noncompliance.
(e) When necessary to expand the availability of needed services
of good quality, a regional center may take actions that include, but
are not limited to, the following:
(1) Soliciting an individual or agency by requests for proposals
or other means, to provide needed services or supports not presently
available.
(2) Requesting funds from the Program Development Fund, pursuant
to Section 4677, or community placement plan funds designated from
that fund, to reimburse the startup costs needed to initiate a new
program of services and supports.
(3) Using creative and innovative service delivery models,
including, but not limited to, natural supports.
(f) Except in emergency situations, a regional center shall not
provide direct treatment and therapeutic services, but shall utilize
appropriate public and private community agencies and service
providers to obtain those services for its consumers.
(g) Where there are identified gaps in the system of services and
supports or where there are identified consumers for whom no provider
will provide services and supports contained in his or her
individual program plan, the department may provide the services and
supports directly.
(h) At least annually, regional centers shall provide the
consumer, his or her parents, legal guardian, conservator, or
authorized representative a statement of services and supports the
regional center purchased for the purpose of ensuring that they are
delivered. The statement shall include the type, unit, month, and
cost of services and supports purchased.
SEC. 6. Section 4648.01 is added to the Welfare and Institutions
Code, immediately following Section 4648, to read:
4648.01. (a) Notwithstanding the prohibition on placements longer
than 180 days contained in clause (ii) of subparagraph (C) of
paragraph (9) of subdivision (a) of Section 4648, a consumer who is
under 21 years of age may be placed in an institution for mental
disease, as described in Part 5 (commencing with Section 5900) of
Division 5, for a period that exceeds 180 days if all of the
following conditions are satisfied prior to the end of the 180-day
period or, if the consumer is placed in the institution prior to July
1, 2013, if the conditions are satisfied within 30 days of the
consumer's placement reaching 180 days or by July 31, 2013, whichever
is later:
(1) The regional center has conducted an updated comprehensive
assessment and based on that assessment the individual program
planning team determines that due to the nature and extent of the
consumer's disability, he or she requires the services provided at
the institution for mental disease and there is no less restrictive
setting currently available for the consumer.
(2) 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.
(b) A consumer described in this section shall not be placed in an
institution for mental disease for a period that exceeds one year
unless the regional center demonstrates significant progress toward
implementing the plan to transition the consumer into the community,
as required by paragraph (2) of subdivision (a), and extraordinary
circumstances that are beyond the regional center's control have
prevented the regional center from obtaining necessary services and
supports within the timeline established in the plan. In this case,
the regional center may request, and the department may approve, an
additional extension of the placement for a period not to exceed 30
days.
(c) In addition to the notifications required by clause (iv) of
subparagraph (C) of paragraph (9) of subdivision (a) of Section 4648,
the clients' rights advocate for the regional center shall be
notified of the proposed extension described in subdivision (b) and
the individual program plan meeting to consider the extension, and
may participate in the individual program plan meeting unless the
consumer objects on his or her own behalf.
(d) The department and regional centers shall work together to
identify services and supports needed to serve individuals under 21
years of age with both developmental and mental health disabilities,
facilitate the development of a community-based statewide network of
crisis stabilization resources for children, and, if appropriate,
target the use of community placement plan funds for these consumers.
(e) This section shall become inoperative on July 1, 2014, and as
of January 1, 2015, is repealed, unless a later enacted statute that
is enacted before January 1, 2015, deletes or extends the dates on
which it comes inoperative and is repealed.
SEC. 7. Section 4659.1 is added to the Welfare and Institutions
Code, to read:
4659.1. (a) If a service or support provided pursuant to a
consumer's individual program plan under this division or
individualized family service plan pursuant to the California Early
Intervention Services Act (Title 14 (commencing with Section 95000)
of the Government Code) is paid for, in whole or in part, by the
health care service plan or health insurance policy of the consumer's
parent, guardian, or caregiver, the regional center may, when
necessary to ensure that the consumer receives the service or
support, pay any applicable copayment or coinsurance associated with
the service or support for which the parent, guardian, or caregiver
is responsible if all of the following conditions are met:
(1) The consumer is covered by his or her parent's, guardian's, or
caregiver's health care service plan or health insurance policy.
(2) The family has an annual gross income that does not exceed 400
percent of the federal poverty level.
(3) There is no other third party having liability for the cost of
the service or support, as provided in subdivision (a) of Section
4659 and Article 2.6 (commencing with Section 4659.10).
(b) If a service or support provided to a consumer 18 years of age
or older, pursuant to his or her individual program plan, is paid
for in whole or in part by the consumer's health care service plan or
health insurance policy, the regional center may, when necessary to
ensure that the consumer receives the service or support, pay any
applicable copayment or coinsurance associated with the service or
support for which the consumer is responsible if both of the
following conditions are met:
(1) The consumer has an annual gross income that does not exceed
400 percent of the federal poverty level.
(2) There is no other third party having liability for the cost of
the service or support, as provided in subdivision (a) of Section
4659 and Article 2.6 (commencing with Section 4659.10).
(c) Notwithstanding paragraph (2) of subdivision (a) or paragraph
(1) of subdivision (b), a regional center may pay a copayment or
coinsurance associated with the health care service plan or health
insurance policy for a service or support provided pursuant to a
consumer's individual program plan or individualized family service
plan if the family's or consumer's income exceeds 400 percent of the
federal poverty level, the service or support is necessary to
successfully maintain the child at home or the adult consumer in the
least-restrictive setting, and the parents or consumer demonstrate
one or more of the following:
(1) The existence of an extraordinary event that impacts the
ability of the parent, guardian, or caregiver to meet the care and
supervision needs of the child or impacts the ability of the parent,
guardian, or caregiver, or adult consumer with a health care service
plan or health insurance policy, to pay the copayment or coinsurance.
(2) The existence of catastrophic loss that temporarily limits the
ability to pay of the parent, guardian, or caregiver, or adult
consumer with a health care service plan or health insurance policy
and creates a direct economic impact on the family or adult consumer.
For purposes of this paragraph, catastrophic loss may include, but
is not limited to, natural disasters and accidents involving major
injuries to an immediate family member.
(3) Significant unreimbursed medical costs associated with the
care of the consumer or another child who is also a regional center
consumer.
(d) The parent, guardian, or caregiver of a consumer or an adult
consumer with a health care service plan or health insurance policy
shall self-certify the family's gross annual income to the regional
center by providing copies of W-2 Wage Earners Statements, payroll
stubs, a copy of the prior year's state income tax return, or other
documents and proof of other income.
(e) The parent, guardian, or caregiver of a consumer or an adult
consumer with a health care service plan or health insurance policy
is responsible for notifying the regional center when a change in
income occurs that would result in a change in eligibility for
coverage of the health care service plan or health insurance policy
copayments or coinsurance.
(f) Documentation submitted pursuant to this section shall be
considered records obtained in the course of providing intake,
assessment, and services and shall be confidential pursuant to
Section 4514.
(g) Regional centers shall not pay health care service plan or
health insurance policy deductibles.
(h) This section shall not be implemented in a manner that is
inconsistent with the requirements of Part C of the federal
Individuals with Disabilities Education Act (20 U.S.C. Sec. 1431 et
seq.).
SEC. 8. Section 4785 of the Welfare and Institutions Code is
amended to read:
4785. (a) (1) Effective July 1, 2011, a regional center shall
assess an annual family program fee, as described in subdivision (b),
from parents whose adjusted gross family income is at or above 400
percent of the federal poverty level based upon family size and who
have a child to whom all of the following apply:
(A) The child has a developmental disability or is eligible for
services under the California Early Intervention Services Act (Title
14 (commencing with Section 95000) of the Government Code).
(B) The child is less than 18 years of age.
(C) The child lives with his or her parent.
(D) The child or family receives services beyond eligibility
determination, needs assessment, and service coordination.
(E) The child does not receive services through the Medi-Cal
program.
(2) An annual family program fee shall not be assessed or
collected pursuant to this section if the child receives only
respite, day care, or camping services from the regional center, and
a cost for participation is assessed to the parents under the Family
Cost Participation Program.
(3) The annual family program fee shall be initially assessed by a
regional center at the time of the development, scheduled review, or
modification of the individual program plan (IPP) pursuant to
Sections 4646 and 4646.5, or the individualized family services plan
(IFSP) pursuant to Section 95020 of the Government Code, but no later
than June 30, 2012, and annually thereafter.
(4) Application of this section to children zero through two years
of age, inclusive, shall be contingent upon necessary approval by
the United States Department of Education.
(b) (1) The annual family program fee for parents described in
paragraph (1) of subdivision (a) shall be two hundred dollars ($200)
per family, regardless of the number of children in the family with
developmental disabilities or who are eligible for services under the
California Early Intervention Services Act.
(2) Notwithstanding paragraph (1), parents described in paragraph
(1) of subdivision (a) who demonstrate to the regional center that
their adjusted gross family income is less than 800 percent of the
federal poverty level shall be required to pay an annual family
program fee of one hundred fifty dollars ($150) per family,
regardless of the number of children in the family with developmental
disabilities or who are eligible for services under the California
Early Intervention Services Act.
(c) At the time of intake or at the time of development, scheduled
review, or modification of a consumer's IPP or IFSP, but no later
than June 30, 2012, the regional center shall provide to parents
described in paragraph (1) of subdivision (a) a form and an envelope
for the mailing of the annual family program fee to the department.
The form, which shall include the name of the children in the family
currently being served by a regional center and their unique client
identifiers, shall be sent, with the family's annual program fee, to
the department.
(d) The department shall notify each regional center at least
quarterly of the annual family program fees collected.
(e) The regional center shall, within 30 days after notification
from the department pursuant to subdivision (d), provide a written
notification to the parents from whom the department has not received
the annual family program fees. Regional centers shall notify the
department if a family receiving notification pursuant to this
section has failed to pay its annual family program fees based on the
subsequent notice pursuant to subdivision (d). For these families,
the department shall pursue collection pursuant to the Accounts
Receivable Management Act (Chapter 4.3 (commencing with Section
16580) of Part 2 of Division 4 of Title 2 of the Government Code).
(f) A regional center may grant an exemption to the assessment of
an annual family program fee if the parents demonstrate any of the
following:
(1) That the exemption is necessary to maintain the child in the
family home.
(2) The existence of an extraordinary event that impacts the
parents' ability to pay the fee or the parents' ability to meet the
care and supervision needs of the child.
(3) The existence of a catastrophic loss that temporarily limits
the ability of the parents to pay and creates a direct economic
impact on the family. For purposes of this paragraph, catastrophic
loss may include, but is not limited to, natural disasters, accidents
involving, or major injuries to, an immediate family member, and
extraordinary medical expenses.
(g) Services shall not be delayed or denied for a consumer or
child based upon the lack of payment of the annual family program
fee.
(h) For purposes of this section, "parents" means the parents,
whether natural, adoptive, or both, of a child with developmental
disabilities under 18 years of age.
(i) Parents described in paragraph (1) of subdivision (a) shall be
jointly and severally responsible for the annual family program fee,
unless a court order directs otherwise.
(j) (1) "Total adjusted gross family income" means income
acquired, earned, or received by parents as payment for labor or
services, support, gift, or inheritance, or parents' return on
investments. It also includes the community property interest of a
parent in the gross adjusted income of a stepparent.
(2) The total adjusted gross family income shall be determined by
adding the gross income of both parents, regardless of whether they
are divorced or legally separated, unless a court order directs
otherwise, or unless the custodial parent certifies in writing that
income information from the noncustodial parent cannot be obtained
from the noncustodial parent and in this circumstance only the income
of the custodial parent shall be used to determine the annual family
program fee.
SEC. 9. Section 4801 of the Welfare and Institutions Code is
amended to read:
4801. (a) Judicial review shall be in the superior court for the
county in which the state hospital, developmental center, community
care facility, or health facility is located, except that, if the
adult has been found incompetent to stand trial and has been
committed pursuant to Chapter 6 (commencing with Section 1367) of
Title 10 of Part 2 of the Penal Code, judicial review shall be in the
superior court of the county that determined the question of the
mental competence of the defendant. The adult requesting to be
released shall be informed of his or her right to counsel by a member
of the staff of the state hospital, developmental center, community
care facility, or health facility and by the court; and if he or she
does not have an attorney for the proceedings, the court shall
immediately appoint the public defender or other attorney to assist
him or her in the preparation of a petition for the writ of habeas
corpus and to represent him or her in the proceedings. The person
shall pay the costs of those legal services if he or she is able.
(b) At the time the petition for the writ of habeas corpus is
filed with the court, the clerk of the court shall transmit a copy of
the petition, together with notification as to the time and place of
an evidentiary hearing in the matter, to the parent or conservator
of the person seeking release or for whom release is sought and to
the director and clients' rights advocate of the appropriate regional
center. Notice shall also be provided to the director of the
appropriate developmental center if the person seeking release or for
whom release is sought resides in a developmental center. The notice
shall be sent by registered or certified mail with proper postage
prepaid, addressed to the addressee's last known address, and with a
return receipt requested. The clients' rights advocate of the
appropriate regional center may attend any hearing pursuant to this
section to assist in protecting the person's rights.
(c) The court shall either release the adult or order an
evidentiary hearing to be held not sooner than five judicial days nor
more than 10 judicial days after the petition and notice described
in subdivision (b) are deposited in the United States mail pursuant
to this section.
(1) If the person seeking release or for whom release is sought
resides in a developmental center or institution for mental disease,
the regional center director or designee shall submit to the court,
the person's attorney, and all parties required to be noticed
pursuant to subdivision (b) a copy of the most recent completed
assessment required by subdivision (c) of Section 4418.25,
subdivision (e) of Section 4418.7, or paragraph (9) of subdivision
(a) of Section 4648. The regional center shall submit copies of these
assessments within two working days of receiving the notice required
pursuant to subdivision (b).
(2) Except as provided in paragraph (3), if the court finds (A)
that the adult requesting release or for whom release is requested is
not developmentally disabled, or (B) that he or she is
developmentally disabled and that he or she is able to provide
safely for his or her basic
personal needs for food, shelter, and clothing, he or she shall be
released within 72 hours. If the court finds that he or she is
developmentally disabled and that he or she is unable to provide
safely for his or her basic personal needs for food, shelter, or
clothing, but that a regional center or a willing responsible person
or other public or private agency is able to provide for him or her,
the court shall release the developmentally disabled adult to the
responsible person, regional center, or other public or private
agency, as the case may be, subject to any conditions that the court
deems proper for the welfare of the developmentally disabled adult
and that are consistent with the purposes of this division.
(3) If the person is charged with a violent felony and has been
committed to his or her current placement pursuant to Section 1370.1
of the Penal Code or Section 6500, and the court finds (A) that the
adult requesting release or for whom release is requested is not a
person with a developmental or intellectual disability, or (B) that
he or she is able to provide safely for his or her basic personal
needs for food, shelter, and clothing, the court shall, before
releasing the person, determine that the release will not pose a
danger to the health or safety of others due to the person's known
behavior. If the court finds there is no danger pursuant to the
finding required by subparagraph (D) of paragraph (1) of subdivision
(a) of Section 1370.1 of the Penal Code, the person shall be released
within 72 hours. If the person's release poses a danger to the
health or safety of others, the court may grant or deny the request,
taking into account the danger to the health or safety of others
posed by the person. If the court finds that release of the person
can be made subject to conditions that the court deems proper for the
preservation of public health and safety and the welfare of the
person, the person shall be released subject to those conditions.
(d) If in a proceeding under this section, the court finds that
the adult is developmentally disabled and has no parent or
conservator, and is in need of a conservator, the court shall order
the appropriate regional center or the state department to initiate,
or cause to be initiated, proceedings for the appointment of a
conservator for the developmentally disabled adult.
(e) This section shall become operative January 1, 1988.
SEC. 10. Section 4806 is added to the Welfare and Institutions
Code, to read:
4806. This chapter shall be construed in a manner that affords
the adult requesting release all rights under Section 4502, including
the right to treatment and habilitation services and supports in the
least restrictive environment, and the federal Americans with
Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), including
the right to receive services in the most integrated setting
appropriate.
SEC. 11. Section 6500 of the Welfare and Institutions Code is
amended to read:
6500. (a) For purposes of this article, the following definitions
shall apply:
(1) "Dangerousness to self or others" shall include, but not be
limited to, a finding of incompetence to stand trial pursuant to the
provisions of Chapter 6 (commencing with Section 1367) of Title 10 of
Part 2 of the Penal Code when the defendant has been charged with
murder, mayhem, aggravated mayhem, a violation of Section 207, 209,
or 209.5 of the Penal Code in which the victim suffers intentionally
inflicted great bodily injury, robbery perpetrated by torture or by a
person armed with a dangerous or deadly weapon or in which the
victim suffers great bodily injury, carjacking perpetrated by torture
or by a person armed with a dangerous or deadly weapon or in which
the victim suffers great bodily injury, a violation of subdivision
(b) of Section 451 of the Penal Code, a violation of paragraph (1) or
(2) of subdivision (a) of Section 262 or paragraph (2) or (3) of
subdivision (a) of Section 261 of the Penal Code, a violation of
Section 288 of the Penal Code, any of the following acts when
committed by force, violence, duress, menace, fear of immediate and
unlawful bodily injury on the victim or another person: a violation
of paragraph (1) or (2) of subdivision (a) of Section 262 of the
Penal Code, a violation of Section 264.1, 286, or 288a of the Penal
Code, or a violation of subdivision (a) of Section 289 of the Penal
Code; a violation of Section 459 of the Penal Code in the first
degree, assault with intent to commit murder, a violation of Section
220 of the Penal Code in which the victim suffers great bodily
injury, a violation of Section 18725, 18740, 18745, 18750, or 18755
of the Penal Code, or if the defendant has been charged with a felony
involving death, great bodily injury, or an act which poses a
serious threat of bodily harm to another person.
(2) "Developmental disability" shall have the same meaning as
defined in subdivision (a) of Section 4512.
(b) (1) A person with a developmental disability may be committed
to the State Department of Developmental Services for residential
placement other than in a state developmental center or
state-operated community facility, as provided in subdivision (a) of
Section 6509, if he or she is found to be a danger to himself,
herself, or others.
(A) Any order of commitment made pursuant to this paragraph shall
expire automatically one year after the order of commitment is made.
(B) This paragraph shall not be construed to prohibit any party
enumerated in Section 6502 from filing subsequent petitions for
additional periods of commitment. In the event subsequent petitions
are filed, the procedures followed shall be the same as with the
initial petition for commitment.
(2) A person with a developmental disability shall not be
committed to the State Department of Developmental Services for
placement in a state developmental center or state-operated community
facility pursuant to this article unless he or she meets the
criteria for admission to a developmental center pursuant to
paragraph (2) or (3) of subdivision (a) of Section 7505 and is
dangerous to self or others or he or she currently is a resident of a
state developmental center or state-operated community facility
pursuant to an order of commitment made pursuant to this article
prior to July 1, 2012, and is being recommitted pursuant to paragraph
(4) of this subdivision.
(3) If the person with a developmental disability is in the care
or treatment of a state hospital, developmental center, or other
facility at the time a petition for commitment is filed pursuant to
this article, proof of a recent overt act while in the care and
treatment of a state hospital, developmental center, or other
facility is not required in order to find that the person is a danger
to self or others.
(4) In the event subsequent petitions are filed with respect to a
resident of a state developmental center or a state-operated
community facility committed prior to July 1, 2012, the procedures
followed and criteria for recommitment shall be the same as with the
initial petition for commitment.
(5) In any proceedings conducted under the authority of this
article, the person alleged to have a developmental disability shall
be informed of his or her right to counsel by the court, and if the
person does not have an attorney for the proceedings, the court shall
immediately appoint the public defender or other attorney to
represent him or her. The person shall pay the cost for the legal
services if he or she is able to do so. At any judicial proceeding
under the provisions of this article, allegations that a person has a
developmental disability and is dangerous to himself or herself or
to others shall be presented by the district attorney for the county
unless the board of supervisors, by ordinance or resolution,
delegates this authority to the county counsel. The clients' rights
advocate for the regional center may attend any judicial proceedings
to assist in protecting the individual's rights.
(c) (1) Any order of commitment made pursuant to this article with
respect to a person described in paragraph (3) of subdivision (a) of
Section 7505 shall expire automatically one year after the order of
commitment is made. This section shall not be construed to prohibit
any party enumerated in Section 6502 from filing subsequent petitions
for additional periods of commitment. In the event subsequent
petitions are filed, the procedures followed shall be the same as
with an initial petition for commitment.
(2) Any order of commitment made pursuant to this article on or
after July 1, 2012, with respect to the admission to a developmental
center of a person described in paragraph (2) of subdivision (a) of
Section 7505 shall expire automatically six months after the earlier
of the order of commitment pursuant to this section or the order of a
placement in a developmental center pursuant to Section 6506, unless
the regional center, prior to the expiration of the order of
commitment, notifies the court in writing of the need for an
extension. The required notice shall state facts demonstrating that
the individual continues to be in acute crisis as defined in
paragraph (1) of subdivision (d) of Section 4418.7 and the
justification for the requested extension, and shall be accompanied
by the comprehensive assessment and plan described in subdivision (e)
of Section 4418.7. An order granting an extension shall not extend
the total period of commitment beyond one year, including any
placement in a developmental center pursuant to Section 6506. If,
prior to expiration of one year, the regional center notifies the
court in writing of facts demonstrating that, due to circumstances
beyond the regional center's control, the placement cannot be made
prior to expiration of the extension, and the court determines that
good cause exists, the court may grant one further extension of up to
30 days. The court may also issue any orders the court deems
appropriate to ensure that necessary steps are taken to ensure that
the individual can be safely and appropriately transitioned to the
community in a timely manner. The required notice shall state facts
demonstrating that the regional center has made significant progress
implementing the plan described in subdivision (e) of Section 4418.7
and that extraordinary circumstances exist beyond the regional center'
s control that have prevented the plan's implementation. Nothing in
this paragraph precludes the individual or any person acting on his
or her behalf from making a request for release pursuant to Section
4800, or counsel for the individual from filing a petition for habeas
corpus pursuant to Section 4801. Notwithstanding subdivision (a) of
Section 4801, for purposes of this paragraph, judicial review shall
be in the superior court of the county that issued the order of
commitment pursuant to this section.
SEC. 12. Section 6509 of the Welfare and Institutions Code is
amended to read:
6509. (a) If the court finds that the person has a
developmental disability, and is a danger to himself, herself, or to
others, the court may make an order that the person be committed to
the State Department of Developmental Services for suitable treatment
and habilitation services. Suitable treatment and habilitation
services is defined as the least restrictive residential placement
necessary to achieve the purposes of treatment. Care and treatment of
a person committed to the State Department of Developmental Services
may include placement in any of the following:
(1) Any licensed community care facility, as defined in Section
1504, or any health facility, as defined in Section 1250, other than
a developmental center or state-operated facility.
(2) Fairview Developmental Center if the person meets the criteria
for admission pursuant to paragraph (2) of subdivision (a) of
Section 7505.
(3) The secure treatment program at Porterville Developmental
Center if the person meets the criteria for admission pursuant to
paragraph (3) of subdivision (a) of Section 7505.
(4) Any other appropriate placement permitted by law.
(b) (1) The court shall hold a hearing as to the available
placement alternatives and consider the reports of the regional
center director or designee and the developmental center director or
designee submitted pursuant to Section 6504.5. After hearing all the
evidence, the court shall order that the person be committed to that
placement that the court finds to be the most appropriate and least
restrictive alternative. If the court finds that release of the
person can be made subject to conditions that the court deems proper
and adequate for the protection and safety of others and the welfare
of the person, the person shall be released subject to those
conditions.
(2) The court, however, may commit a person with a developmental
disability who is not a resident of this state under Section 4460 for
the purpose of transportation of the person to the state of his or
her legal residence pursuant to Section 4461. The State Department of
Developmental Services shall receive the person committed to it and
shall place the person in the placement ordered by the court.
(c) If the person has at any time been found mentally incompetent
pursuant to Chapter 6 (commencing with Section 1367) of Title 10 of
Part 2 of the Penal Code arising out of a complaint charging a felony
offense specified in Section 290 of the Penal Code, the court shall
order the State Department of Developmental Services to give notice
of that finding to the designated placement facility and the
appropriate law enforcement agency or agencies having local
jurisdiction at the site of the placement facility.
(d) If the Department of Developmental Services decides that a
change in placement is necessary, it shall notify in writing the
court of commitment, the district attorney, and the attorney of
record for the person and the regional center of its decision at
least 15 days in advance of the proposed change in placement. The
court may hold a hearing and (1) approve or disapprove of the change,
or (2) take no action in which case the change shall be deemed
approved. At the request of the district attorney or of the attorney
for the person, a hearing shall be held.
SEC. 13. The State Department of Developmental Services shall,
pursuant to the closure plan developed in accordance with Section
4474.1 of the Welfare and Institutions Code, complete closure of the
Lanterman Developmental Center by the fall of 2014, and no later than
December 31, 2014.
SEC. 14. (a) The California Health and Human Services Agency
shall, on or before November 15, 2013, submit to the appropriate
policy and fiscal committees of the Legislature a master plan for the
future of developmental centers. In the preparation of this plan,
the agency shall consult with a cross-section of consumers, family
members, regional centers, consumer advocates, community service
providers, organized labor, the State Department of Developmental
Services, and representatives of the Legislature.
(b) The California Health and Human Services Agency shall, on or
before January 10, 2014, submit to the appropriate policy and fiscal
committees of the Legislature a report regarding the agency's plans
to address the service needs of all developmental center residents,
the fiscal and budget implications of the declining developmental
center population and the aging infrastructure, staffing, and
resource constraints, the availability of community resources to meet
the specialized needs of residents now living in the developmental
centers, a timeline for future closures, and the statutory and
regulatory changes that may be needed to ensure the delivery of
cost-effective, integrated, quality services for this population.
SEC. 15. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.
SEC. 16. Notwithstanding any other law, the period to liquidate
encumbrances of the amount appropriated in Item 4300-003-0001 of
Section 2.00 of the Budget Act of 2010 (Chapter 712, Statutes of
2010) is extended by one year to June 30, 2014.
SEC. 17. 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.
