Bill Text: CA SB321 | 2013-2014 | Regular Session | Amended
Bill Title: Developmental services: regional centers: performance contracts.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2014-02-03 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB321 Detail]
Download: California-2013-SB321-Amended.html
BILL NUMBER: SB 321 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 2, 2013
INTRODUCED BY Senator Price
FEBRUARY 19, 2013
An act to amend Section 4629 of the Welfare and Institutions Code,
relating to developmental services.
LEGISLATIVE COUNSEL'S DIGEST
SB 321, as amended, Price. Developmental services: regional
centers: performance contracts.
Under the Lanterman Developmental Disabilities Services Act, the
State Department of Developmental Services is required to contract
with regional centers to provide services and supports to individuals
with developmental disabilities. Existing law requires the state to
enter into 5-year contracts with the regional centers, subject to the
annual appropriation of funds by the Legislature, and requires that
the contracts include annual performance objectives, as specified.
This bill would, in this regard, require the annual
performance objectives, among other things, to be designed to develop
culturally and linguistically appropriate services and supports, and
require the department to establish performance contract
guidelines and measures relating to issues of cultural and linguistic
competency. This bill would require the department to,
beginning July 1, 2014, specify in the performance contract any areas
that require improvement by the regional center to reduce racial and
ethnic disparities.
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. 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 provisions 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
supports, including culturally and linguistically appropriate
services and supports, identified as necessary to meet
identified needs.
(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 and in
appropriate languages , 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
that take into consideration the linguistic and ethnic diversity
of the community 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 , and the distribution of services
and supports within the regional center catchment area,
including any racial or ethnic disparities in the distribution of
services and supports, and shall review how the
availability of services and supports in the regional area catchment
area compares with other regional center catchment areas.
(3) In addition to the performance objectives developed pursuant
to this section, the department shall establish performance contract
guidelines and measures relating to issues of cultural and linguistic
competency competency and, for the contract
year beginning July 1, 2014, the department shall specify in the
performance contract any areas that require improvement by the
regional center to reduce racial and ethnic disparities identified
pursuant to Section 4519.5 .
(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 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 paragraph (1) of subdivision (c).
(C) Each regional center's performance objectives for compliance
with the guidelines and measures established by the department
pursuant to paragraph (3) of subdivision (c).
(D) 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.
