Bill Text: CA SB1093 | 2013-2014 | Regular Session | Chaptered
Bill Title: Developmental services: regional centers: culturally and linguistically competent services.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Passed) 2014-09-18 - Chaptered by Secretary of State. Chapter 402, Statutes of 2014. [SB1093 Detail]
Download: California-2013-SB1093-Chaptered.html
BILL NUMBER: SB 1093 CHAPTERED
BILL TEXT
CHAPTER 402
FILED WITH SECRETARY OF STATE SEPTEMBER 18, 2014
APPROVED BY GOVERNOR SEPTEMBER 18, 2014
PASSED THE SENATE AUGUST 18, 2014
PASSED THE ASSEMBLY AUGUST 14, 2014
AMENDED IN ASSEMBLY JUNE 10, 2014
AMENDED IN SENATE MAY 27, 2014
AMENDED IN SENATE APRIL 24, 2014
AMENDED IN SENATE APRIL 10, 2014
AMENDED IN SENATE MARCH 27, 2014
INTRODUCED BY Senator Liu
FEBRUARY 19, 2014
An act to amend Sections 4519.5 and 4629 of, and to add Section
4688.05 to, the Welfare and Institutions Code, relating to
developmental services.
LEGISLATIVE COUNSEL'S DIGEST
SB 1093, Liu. Developmental services: regional centers: culturally
and linguistically competent services.
(1) The Lanterman Developmental Disabilities Services Act requires
the State Department of Developmental Services to contract with
regional centers to provide services and supports to individuals with
developmental disabilities. The services and supports to be provided
to a regional center consumer, which include services and supports
that are directed toward the achievement and maintenance of an
independent, productive, and normal life for the consumer such as
daily living skills training, are contained in an individual program
plan or individualized family service plan developed in accordance
with prescribed requirements.
This bill would require regional centers to provide independent
living skills services to an adult consumer, consistent with a
consumer's individual program plan, that provide the consumer with
functional skills training that enables him or her to acquire or
maintain skills to live independently in his or her own home, or to
achieve greater independence while living in the home of a parent,
family member, or other person.
(2) Existing law requires that contracts entered into with
regional centers include annual performance objectives, including
annual performance objectives that are specific, measurable, and
designed to, among other things, develop services and supports
identified as necessary to meet identified needs. Existing law also
requires that each contract with a regional center specify steps to
be taken to ensure contract compliance, and, if a regional center is
placed on probation pursuant to these steps, requires the department
to provide the appropriate area board with a copy of the correction
plan, timeline, and any other action taken by the department.
This bill would require that annual performance objectives be
designed to, among other things, develop services and supports
identified as necessary to meet identified needs, which includes
culturally and linguistically appropriate services and supports. The
bill would require that, if a regional center is placed on probation,
the department also provide a copy of the correction plan, timeline,
and any other action taken by the department to a specified clients'
rights advocacy contractor.
(3) Existing law requires the department and regional centers to
annually collaborate to compile specified data relating to purchase
of service authorization, utilization, and expenditure by each
regional center and requires that data to 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 who are not receiving purchase of service funds.
Existing law requires each regional center and the department to
annually post this information on their respective Internet Web
sites, as prescribed, and requires each regional center to hold
annual stakeholder meetings regarding the data.
This bill would additionally require the data to include, and be
categorized by, residence type and subcategorized by age, race or
ethnicity, and primary language. The bill would also require the
department and each regional center to maintain all preceding years'
data on its Internet Web site. The bill would require that regional
centers hold the annual stakeholder meetings regarding the data
separately from any meetings of its board of directors, schedule the
meetings at times and locations designed to result in a high turnout
by the public and underserved communities, and, in holding the
meetings, consider the language needs of the community. The bill
would require the regional centers to provide participants of these
meetings with the data and associated information and to conduct a
discussion of the data and associated information in a manner that is
culturally and linguistically appropriate for that community, as
specified.
This bill would also require each regional center to annually
report to the department specified information regarding its
implementation of those provisions. The bill would require the
reports to be posted on the department's and each regional center's
Internet Web site by August 31 of each year.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. 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.
(5) Residence type, subcategorized by age, race or ethnicity, and
primary language.
(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, and by residence type, as set
forth in paragraph (5) of subdivision (a), 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. Each regional
center shall maintain all previous years' data on its Internet Web
site.
(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 maintain
all previous years' data on its Internet Web site. 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 one or more public meetings regarding the data. The
meeting or meetings shall be held separately from any meetings held
pursuant to Section 4660. The regional center shall provide
participants of these meetings with the data and any associated
information, and shall conduct a discussion of the data and the
associated information in a manner that is culturally and
linguistically appropriate for that community, including providing
alternative communication services, as required by Sections 11135 to
11139.7, inclusive, of the Government Code and implementing
regulations. 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. Each regional center shall, in
holding the meetings required by this subdivision, consider the
language needs of the community and shall schedule the meetings at
times and locations designed to result in a high turnout by the
public and underserved communities.
(f) (1) Each regional center shall annually report to the
department regarding its implementation of the requirements of this
section. The report shall include, but shall not be limited to, all
of the following:
(A) Actions the regional center took to improve public attendance
and participation at stakeholder meetings, including, but not limited
to, attendance and participation by underserved communities.
(B) Copies of minutes from the meeting and attendee comments.
(C) Whether the data described in this section indicates a need to
reduce disparities in the purchase of services among consumers in
the regional center's catchment area. If the data does indicate that
need, the regional center's recommendations and plan to promote
equity, and reduce disparities, in the purchase of services.
(2) Each regional center and the department shall annually post
the reports required by paragraph (1) on its Internet Web site by
August 31.
SEC. 2. Section 4629 of the Welfare and Institutions Code is
amended to read:
4629. (a) The state shall enter into five-year contracts with
regional centers, subject to the annual appropriation of funds by the
Legislature.
(b) The contracts shall include a provision requiring each
regional center to render services in accordance with applicable
provision of state laws and regulations.
(c) (1) The contracts shall include annual performance objectives
that shall do both of the following:
(A) Be specific, measurable, and designed to do all of the
following:
(i) Assist consumers to achieve life quality outcomes.
(ii) Achieve meaningful progress above the current baselines.
(iii) Develop services and supports identified as necessary to
meet identified needs, including culturally and linguistically
appropriate services and supports.
(B) Be developed through a public process as described in the
department's guidelines that includes, but is not limited to, all of
the following:
(i) Providing information, in an understandable form, to the
community about regional center services and supports, including
budget information and baseline data on services and supports and
regional center operations.
(ii) Conducting a public meeting where participants can provide
input on performance objectives and using focus groups or surveys to
collect information from the community.
(iii) Circulating a draft of the performance objectives to the
community for input prior to presentation at a regional center board
meeting where additional public input will be taken and considered
before adoption of the objectives.
(2) In addition to the performance objectives developed pursuant
to this section, the department may specify in the performance
contract additional areas of service and support that require
development or enhancement by the regional center. In determining
those areas, the department shall consider public comments from
individuals and organizations within the regional center catchment
area, the distribution of services and supports within the regional
center catchment area, and review how the availability of services
and supports in the regional area catchment area compares with other
regional center catchment areas.
(d) Each contract with a regional center shall specify steps to be
taken to ensure contract compliance, including, but not limited to,
all of the following:
(1) Incentives that encourage regional centers to meet or exceed
performance standards.
(2) Levels of probationary status for regional centers that do not
meet, or are at risk of not meeting, performance standards. The
department shall require that corrective action be taken by any
regional center which is placed on probation. Corrective action may
include, but is not limited to, mandated consultation with designated
representatives of the Association of Regional Center Agencies or a
management team designated by the department, or both. The department
shall establish the specific timeline for the implementation of
corrective action and monitor its implementation. When a regional
center is placed on probation, the department shall provide the
appropriate area board and the clients' rights advocacy contractor
identified in Section 4433 with a copy of the correction plan,
timeline, and any other action taken by the department relating to
the probationary status of the regional center.
(e) In order to evaluate the regional center's compliance with its
contract performance objectives and legal obligations related to
those objectives, the department shall do both of the following:
(1) Annually assess each regional center's achievement of its
previous year's objectives and make the assessment, including
baseline data and performance objectives of the individual regional
centers, available to the public. The department may make a special
commendation of the regional centers that have best engaged the
community in the development of contract performance objectives and
have made the most meaningful progress in meeting or exceeding
contract performance objectives.
(2) Monitor the activities of the regional center to ensure
compliance with the provisions of its contracts, including, but not
limited to, reviewing all of the following:
(A) The regional center's public process for compliance with the
procedures set forth in paragraph (2) of subdivision (c).
(B) Each regional center's performance objectives for compliance
with the criteria set forth in paragraphs (1) and (2) of subdivision
(c).
(C) Any public comments on regional center performance objectives
sent to the department or to the regional centers, and soliciting
public input on the public process and final performance standards.
(f) The renewal of each contract shall be contingent upon
compliance with the contract including, but not limited to, the
performance objectives, as determined through the department's
evaluation.
SEC. 3. Section 4688.05 is added to the Welfare and Institutions
Code, to read:
4688.05. Regional centers shall provide independent living skills
services to an adult consumer, consistent with his or her individual
program plan, that provide the consumer with functional skills
training that enables him or her to acquire or maintain skills to
live independently in his or her own home, or to achieve greater
independence while living in the home of a parent, family member, or
other person.
