Bill Text: CA SB1160 | 2013-2014 | Regular Session | Amended
Bill Title: Developmental services: employment.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2014-08-14 - Set, second hearing. Held under submission. [SB1160 Detail]
Download: California-2013-SB1160-Amended.html
BILL NUMBER: SB 1160 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 4, 2014
AMENDED IN ASSEMBLY JUNE 25, 2014
AMENDED IN SENATE MAY 27, 2014
AMENDED IN SENATE APRIL 24, 2014
AMENDED IN SENATE APRIL 3, 2014
INTRODUCED BY Senator Beall
FEBRUARY 20, 2014
An act to amend Section 4851 of of, and to
add Section 4861.1 to, the Welfare and Institutions Code,
relating to developmental services.
LEGISLATIVE COUNSEL'S DIGEST
SB 1160, as amended, Beall. Developmental services: employment.
The Lanterman Developmental Disabilities Services Act authorizes
the State Department of Developmental Services to contract with
regional centers to provide support and services to individuals with
developmental disabilities. 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. Under
existing law, as part of the individual program plan, the regional
center may refer an adult consumer to habilitation services,
including group services and individualized services in the context
of employment. Existing law defines "group services" for these
purposes to mean job coaching in a group supported employment
placement at a job coach-to-consumer ratio of not less than 1 to 3
nor more than 1 to 8 where services to a minimum of 3 consumers are
funded by the regional center or the Department of Rehabilitation.
Existing law defines "individualized services" to mean job coaching
and other supported employment services for regional center-funded
consumers in a supported employment placement at a job
coach-to-consumer ratio of 1 to 1, and that decrease over time until
stabilization is achieved.
This bill would require, for group services, a job
coach-to-consumer ratio of not less than 1 to 2 nor more than 1 to 8
where services to a minimum of 2 consumers are funded by the regional
center or the Department of Rehabilitation. The bill would recast
the definition of "individualized services" to provide, in part, job
coaching and other supported employment services that decrease over
time, consistent with the consumer's individual program plan and
abilities with the goal of achieving stabilization, when possible.
This bill would authorize the State Department of Developmental
Services to approve group services at a job coach-to-consumer ratio
of not less than 1 to 2 nor more than 1 to 8 and would require the
department to consider specified criteria, including individual
consumer support needs, in determining the appropriateness of the job
coach-to-consumer ratio for a new or modified group.
This bill would incorporate additional changes in Section 4851 of
the Welfare and Institutions Code, proposed by SB 577, that would
become operative only if SB 577 and this bill are both chaptered and
become effective on or before January 1, 2015, and this bill is
chaptered last.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares the following:
(a) Persons with developmental disabilities should have employment
opportunities with job training, reasonable accommodation, and
individual supports that enable them to move towards being
economically self-sufficient.
(b) Regional center service coordinators, community-based program
providers, disability advocates, and family members involved in
employment-related services for persons with developmental
disabilities have the responsibility to provide information to them
regarding the full spectrum of employment options.
SEC. 2. Section 4851 of the Welfare and Institutions Code is
amended to read:
4851. The definitions contained in this chapter shall govern the
construction of this chapter, with respect to habilitation services
provided through the regional center, and unless the context requires
otherwise, the following terms shall have the following meanings:
(a) "Habilitation services" means community-based services
purchased or provided for adults with developmental disabilities,
including services provided under the Work Activity Program and the
Supported Employment Program, to prepare and maintain them at their
highest level of vocational functioning, or to prepare them for
referral to vocational rehabilitation services.
(b) "Individual program plan" means the overall plan developed by
a regional center pursuant to Section 4646.
(c) "Individual habilitation service plan" means the service plan
developed by the habilitation service vendor to meet employment goals
in the individual program plan.
(d) "Department" means the State Department of Developmental
Services.
(e) "Work activity program" includes, but is not limited to,
sheltered workshops or work activity centers, or community-based work
activity programs certified pursuant to subdivision (f) or
accredited by CARF, the Commission on Accreditation of Rehabilitation
Facilities.
(f) "Certification" means certification procedures developed by
the Department of Rehabilitation.
(g) "Work activity program day" means the period of time during
which a Work Activity Program provides services to consumers.
(h) "Full day of service" means, for purposes of billing, a day in
which the consumer attends a minimum of the declared and approved
work activity program day, less 30 minutes, excluding the lunch
period.
(i) "Half day of service" means, for purposes of billing, any day
in which the consumer's attendance does not meet the criteria for
billing for a full day of service as defined in subdivision (g), and
the consumer attends the work activity program not less than two
hours, excluding the lunch period.
(j) "Supported employment program" means a program that meets the
requirements of subdivisions (n) to (s), inclusive.
(k) "Consumer" means any adult who receives services purchased
under this chapter.
(l) "Accreditation" means a determination of compliance with the
set of standards appropriate to the delivery of services by a work
activity program or supported employment program, developed by CARF,
and applied by the commission or the department.
(m) "CARF" means the Commission on Accreditation of Rehabilitation
Facilities.
(n) "Supported employment" means paid work that is integrated in
the community for individuals with developmental disabilities.
(o) "Integrated work" means the engagement of an employee with a
disability in work in a setting typically found in the community in
which individuals interact with individuals without disabilities
other than those who are providing services to those individuals, to
the same extent that individuals without disabilities in comparable
positions interact with other persons.
(p) "Supported employment placement" means the employment of an
individual with a developmental disability by an employer in the
community, directly or through contract with a supported employment
program. This includes provision of ongoing support services
necessary for the individual to retain employment.
(q) "Allowable supported employment services" means the services
approved in the individual program plan and specified in the
individual habilitation service plan for the purpose of achieving
supported employment as an outcome, and may include any of the
following:
(1) Job development, to the extent authorized by the regional
center.
(2) Program staff time for conducting job analysis of supported
employment opportunities for a specific consumer.
(3) Program staff time for the direct supervision or training of a
consumer or consumers while they engage in integrated work unless
other arrangements for consumer supervision, including, but not
limited to, employer supervision reimbursed by the supported
employment program, are approved by the regional center.
(4) Community-based training in adaptive functional and social
skills necessary to ensure job adjustment and retention.
(5) Counseling with a consumer's significant other to ensure
support of a consumer in job adjustment.
(6) Advocacy or intervention on behalf of a consumer to resolve
problems affecting the consumer's work adjustment or retention.
(7) Ongoing support services needed to ensure the consumer's
retention of the job.
(r) "Group services" means job coaching in a group supported
employment placement at a job coach-to-consumer ratio of not less
than 1 to 2 nor more than 1 to 8 where services to a minimum of two
consumers are funded by the regional center or the Department of
Rehabilitation. For consumers receiving group services, ongoing
support services shall be limited to job coaching and shall be
provided at the worksite.
(s) "Individualized services" means job coaching and other
supported employment services for regional center-funded consumers in
a supported employment placement at a job coach-to-consumer ratio of
1 to 1 and that decrease over time, consistent with the consumer's
individual program plan and abilities with the goal of achieving
stabilization, when possible. Individualized services may be provided
on or off the jobsite.
SEC. 2.5. Section 4851 of the Welfare
and Institutions Code is amended to read:
4851. The definitions contained in this chapter shall govern the
construction of this chapter, with respect to habilitation services
provided through the regional center, and unless the context requires
otherwise, the following terms shall have the following meanings:
(a) "Habilitation services" means community-based services
purchased or provided for adults with developmental disabilities,
including services provided under the Work Activity Program and the
Supported Employment Program, to prepare and maintain them at their
highest level of vocational functioning, or to prepare them for
referral to vocational rehabilitation services.
(b) "Individual program plan" means the overall plan developed by
a regional center pursuant to Section 4646.
(c) "Individual habilitation service plan" means the service plan
developed by the habilitation service vendor to meet employment goals
in the individual program plan.
(d) "Department" means the State Department of Developmental
Services.
(e) "Work activity program" includes, but is not limited to,
sheltered workshops or work activity centers, or community-based work
activity programs certified pursuant to subdivision (f) or
accredited by CARF, the Rehabilitation Accreditation
Commission. Commission on Acc reditation of
Rehabilitation Facilities.
(f) "Certification" means certification procedures developed by
the Department of Rehabilitation.
(g) "Work activity program day" means the period of time during
which a Work Activity Program provides services to consumers.
(h) "Full day of service" means, for purposes of billing, a day in
which the consumer attends a minimum of the declared and approved
work activity program day, less 30 minutes, excluding the lunch
period.
(i) "Half day of service" means, for purposes of billing, any day
in which the consumer's attendance does not meet the criteria for
billing for a full day of service as defined in subdivision (g), and
the consumer attends the work activity program not less than two
hours, excluding the lunch period.
(j) "Supported employment program" means a program that meets the
requirements of subdivisions (n) to (s), inclusive.
(k) "Consumer" means any adult who receives services purchased
under this chapter.
(l) "Accreditation" means a determination of compliance with the
set of standards appropriate to the delivery of services by a work
activity program or supported employment program, developed by CARF,
the Rehabilitation Accreditation Commission, and
applied by the commission or the department.
(m) "CARF" means CARF the
Rehabilitation Accreditation Commission. Commission on
Accreditation of Rehabilitation Facilities.
(n) "Supported employment" means paid work that is integrated in
the community for individuals with developmental disabilities.
(o) "Integrated work" means the engagement of an employee with a
disability in work in a setting typically found in the community in
which individuals interact with individuals without disabilities
other than those who are providing services to those individuals, to
the same extent that individuals without disabilities in comparable
positions interact with other persons.
(p) "Supported employment placement" means the employment of an
individual with a developmental disability by an employer in the
community, directly or through contract with a supported employment
program. This includes provision of ongoing support services
necessary for the individual to retain employment.
(q) "Allowable supported employment services" means the services
approved in the individual program plan and specified in the
individual habilitation service plan for the purpose of achieving
supported employment as an outcome, and may include any of the
following:
(1) Job development, to the extent authorized by the regional
center.
(2) Program staff time for conducting job analysis of supported
employment opportunities for a specific consumer.
(3) Program staff time for the direct supervision or training of a
consumer or consumers while they engage in integrated work unless
other arrangements for consumer supervision, including, but not
limited to, employer supervision reimbursed by the supported
employment program, are approved by the regional center.
(4) Community-based training in adaptive functional and social
skills necessary to ensure job adjustment and retention.
(5) Counseling with a consumer's significant other to ensure
support of a consumer in job adjustment.
(6) Advocacy or intervention on behalf of a consumer to resolve
problems affecting the consumer's work adjustment or retention.
(7) Ongoing support services needed to ensure the consumer's
retention of the job.
(r) "Group services" means job coaching in a group supported
employment placement at a job coach-to-consumer ratio of not less
than one-to-three 1 to 2 nor more than
one-to-eight 1 to 8 where services to a
minimum of three two consumers are
funded by the regional center or the Department of Rehabilitation.
For consumers receiving group services, ongoing support services
shall be limited to job coaching and shall be provided at the
worksite.
(s) "Individualized services" means job coaching and other
supported employment services for regional center-funded consumers in
a supported employment placement at a job coach-to-consumer ratio of
one-to-one, 1 to 1 and that decrease
over time until stabilization is achieved.
time, consistent with the consumer's individual program plan and
abilities with the goal of achieving stabilization, when possible.
Individualized services may be provided on or off the jobsite.
(t) "Community-based vocational development services" means (1)
services provided to enhance community employment readiness, which
may include the use of discovery and job exploration opportunities,
(2) social skill development services necessary to obtain and
maintain community employment, (3) services to use internship,
apprenticeship, and volunteer opportunities to provide
community-based vocational development skills development
opportunities, (4) services to access and participate in
postsecondary education or career technical education, and (5)
building a network of community and employment opportunities.
SEC. 3. Section 4861.1 is added to the
Welfare and Institutions Code , to read:
4861.1. (a) The department may approve group services at a job
coach-to-consumer ratio of not less than 1 to 2 nor more than 1 to 8.
In determining the appropriateness of the job coach-to-consumer
ratio for a new or modified group, the department shall consider
criteria, including, but not limited to, all of the following:
(1) Individual consumer support needs as determined by each
consumer's individual program plan planning team.
(2) Opportunities for integration within the worksite.
(3) Consumer wages.
(4) Availability of transportation.
(5) The business needs of the employer.
(b) This section does not limit the department's authority to
review, approve, or disapprove of group employment opportunities
consistent with other authorities granted under the Lanterman
Developmental Disabilities Services Act.
SEC. 4. Section 2.5 of this bill incorporates
amendments to Section 4851 of the Welfare and Institutions Code
proposed by both this bill and Senate Bill 577. It shall only become
operative if (1) both bills are enacted and become effective on or
before January 1, 2015, (2) each bill amends Section 4851 of the
Welfare and Institutions Code, and (3) this bill is enacted after
Senate Bill 577, in which case Section 2 of this bill shall not
become operative.
