Bill Text: CA SB1264 | 2019-2020 | Regular Session | Amended
Bill Title: Human services.
Spectrum: Bipartisan Bill
Status: (Passed) 2020-09-30 - Chaptered by Secretary of State. Chapter 367, Statutes of 2020. [SB1264 Detail]
Download: California-2019-SB1264-Amended.html
Amended
IN
Assembly
July 13, 2020 |
Amended
IN
Senate
June 18, 2020 |
Amended
IN
Senate
May 21, 2020 |
Amended
IN
Senate
May 13, 2020 |
Introduced by Committee on Human Services (Senators Hurtado (Chair), Beall, Jackson, Jones, Melendez, Pan, and Wiener) (Coauthor: Senator Rubio) |
February 21, 2020 |
LEGISLATIVE COUNSEL'S DIGEST
(3)Existing law requires a regional center to secure needed services and supports, and authorizes a regional center to contract or issue a voucher, defined as any authorized alternative form of service delivery in which the consumer or family member is provided with a payment, coupon, chit, or other form of authorization that enables the consumer or family member to choose their own service provider, for services and supports provided to a consumer or family. Existing law authorizes a consumer to choose, in lieu of any other specified programs, a vouchered community-based training service, which is defined as a consumer-directed service that
assists the consumer in the development of skills required for community integrated employment or participation in volunteer activities, or both. Existing regulations authorizes a regional center to offer participant-directed services to allow adult consumer or family members of consumers who are receiving vouchered services to procure their own community-based training service, day care, nursing, respite, or transportation services, as specified.
This bill would codify those regulations relating to participant-directed services, and would additionally authorize a consumer, during a declared state of emergency in California, and until 6 months after the state of emergency is lifted, to utilize participant-directed services for personal assistance, independent living skills, and support employment services. The bill would make related findings.
(4)
(5)
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 19240 of the Government Code, as amended by Section 2 of Chapter 356 of the Statutes of 2015, is amended to read:19240.
(a) The department, consistent with board rules, shall be responsible for the administration of the Limited Examination and Appointment Program. This program shall provide an alternative to the traditional civil service examination and appointment process to facilitate the hiring of persons with disabilities in the state civil service.SEC. 2.
Section 19240 of the Government Code, as added by Section 3 of Chapter 356 of the Statutes of 2015, is amended to read:19240.
(a) The department, consistent with board rules, shall be responsible for the administration of the Limited Examination and Appointment Program. This program shall provide an alternative to the traditional civil service examination and appointment process to facilitate the hiring of persons with disabilities in the state civil service.SEC. 3.
Section 19241 of the Government Code, as amended by Section 4 of Chapter 356 of the Statutes of 2015, is amended to read:19241.
(a) The department, consistent with board rules, shall be responsible for the implementation of this chapter, which may provide for the establishment of eligibility criteria for participation, special job classifications, examination techniques, the creation of a LEAP internship program for persons with developmental disabilities in coordination with the State Department of Developmental Services and the Department of Rehabilitation, and appointment and appeals procedures.SEC. 4.
Section 19241 of the Government Code, as amended by Section 161 of Chapter 86 of the Statutes of 2016, is amended to read:19241.
(a) The department, consistent with board rules, shall be responsible for the implementation of this chapter, which may provide for the establishment of eligibility criteria for participation, special job classifications, examination techniques, and appointment and appeals procedures.SEC. 5.
Section 19241.5 of the Government Code is amended to read:19241.5.
(a) This chapter establishes the Limited Examination and Appointment Program as a voluntary, additional method of applying for state employment and is not a mandate on any state agency employer or job applicant, except to the extent specifically directed by the board.SEC. 6.
Section 19242 of the Government Code, as amended by Section 7 of Chapter 356 of the Statutes of 2015, is amended to read:19242.
(a) The department or its designee shall conduct competitive examinations to determine the qualifications and readiness of persons with disabilities for state employment. The examinations may include an on-the-job-performance evaluation and any other selection techniques deemed appropriate.SEC. 7.
Section 19242 of the Government Code, as added by Section 8 of Chapter 356 of the Statutes of 2015, is amended to read:19242.
(a) The department or its designee shall conduct competitive examinations to determine the qualifications and readiness of persons with disabilities for state employment. The examinations may include an on-the-job-performance evaluation and any other selection techniques deemed appropriate. Examination results may be ranked or unranked.SEC. 8.
Section 19242.05 of the Government Code is amended to read:19242.05.
(a) The LEAP internship program created in accordance with Section 19241 shall be designed to allow persons with developmental disabilities to meet the minimum qualifications of the LEAP classification to which those persons seek an examination appointment. The length of a LEAP internship shall be for a minimum period of 512 working hours.SEC. 9.
Section 19242.2 of the Government Code, as amended by Section 10 of Chapter 356 of the Statutes of 2015, is amended to read:19242.2.
(a) The department or its designee shall refer the names of persons with disabilities who meet eligibility criteria for participation and the minimum qualifications of the job classification and any other requirements deemed appropriate by the board to appointing powers for examination appointments. Notwithstanding any other law, and to provide for appropriate job-person placement, all candidates meeting referral requirements shall be eligible for examination appointment. The department may prescribe the method for referring names to appointing powers.SEC. 10.
Section 19242.2 of the Government Code, as added by Section 11 of Chapter 356 of the Statutes of 2015, is amended to read:19242.2.
(a) The department or its designee shall refer the names of persons with disabilities who meet eligibility criteria for participation and the minimum qualifications of the job classification and any other requirements deemed appropriate by the board to appointing powers for examination appointments. Notwithstanding any other law, and to provide for appropriate job-person placement, all candidates meeting referral requirements shall be eligible for examination appointment. The department may prescribe the method for referring names to appointing powers.SEC. 11.
Section 19242.3 of the Government Code is amended to read:19242.3.
(a) A state agency that provides an internship to a person with a developmental disability or appoints a person with a developmental disability to a position under the Limited Examination and Appointment Program may finance the internship or position with personnel or any other funds available for this purpose and assigned to a vacant or unfilled position. A state agency that transfers funds from a vacant or unfilled position pursuant to this section does not eliminate the vacant or unfilled position, and may return or assign funds to fill the position.SEC. 12.
Section 1565 is added to the Health and Safety Code, to read:1565.
(a) A facility shall have an emergency and disaster plan that shall include, but not be limited to, all of the following:SEC. 13.
Section 1565.5 is added to the Health and Safety Code, to read:1565.5.
In addition to any other requirement of this chapter, an adult day program, as defined in Section 1502, shall have an emergency and disaster plan that includes, but is not limited to, all of the following:SEC. 14.
Section 1568.044 is added to the Health and Safety Code, to read:1568.044.
(a) A facility shall have an emergency and disaster plan that shall include, but not be limited to, all of the following:SEC. 15.
Section 4512 of the Welfare and Institutions Code is amended to read:4512.
As used in this division:(a)(1)The Legislature places a high priority on opportunities for adults with developmental disabilities to choose and customize services that meet their individualized needs, have opportunities to further the development or maintenance of employment and volunteer activities, direct their services, pursue postsecondary education, and increase their ability to lead integrated and inclusive lives.
(2)To further these goals, a regional center may offer participant-directed services to allow a consumer to procure certain services specified in this section so that the consumer may exercise more authority over how, and by whom, services are
provided.
(b)Through participant-directed services, consumers may coordinate all of the following services:
(1)Respite.
(2)Daycare.
(3)Transportation.
(4)Nursing.
(5)Day services.
(6)Community-based training services.
(c)(1)The Legislature finds that during a declared state of emergency in California, a consumer’s ability to access necessary services may be impacted. The
Legislature further finds that the option to access additional services through participant direction during a declared state of emergency, and until six months after the state of emergency is lifted, affords consumers the ability to choose workers who are available to fill needed services gaps.
(2)During a declared state of emergency in California, and until six months after the state of emergency is lifted, a consumer may additionally utilize participant-directed services for all of the following services:
(A)Personal assistance.
(B)Independent living skills.
(C)Supported employment.