Bill Text: CA SB577 | 2013-2014 | Regular Session | Chaptered
Bill Title: Autism and other developmental disabilities: employment.
Spectrum: Slight Partisan Bill (Democrat 6-2)
Status: (Passed) 2014-09-18 - Chaptered by Secretary of State. Chapter 431, Statutes of 2014. [SB577 Detail]
Download: California-2013-SB577-Chaptered.html
BILL NUMBER: SB 577 CHAPTERED
BILL TEXT
CHAPTER 431
FILED WITH SECRETARY OF STATE SEPTEMBER 18, 2014
APPROVED BY GOVERNOR SEPTEMBER 18, 2014
PASSED THE SENATE AUGUST 26, 2014
PASSED THE ASSEMBLY AUGUST 25, 2014
AMENDED IN ASSEMBLY AUGUST 21, 2014
AMENDED IN ASSEMBLY AUGUST 11, 2014
AMENDED IN ASSEMBLY JUNE 25, 2014
AMENDED IN ASSEMBLY MAY 20, 2014
AMENDED IN SENATE JANUARY 6, 2014
AMENDED IN SENATE APRIL 15, 2013
AMENDED IN SENATE APRIL 9, 2013
INTRODUCED BY Senator Pavley
(Coauthors: Senators Beall and DeSaulnier)
(Coauthors: Assembly Members Buchanan, Chesbro, Garcia, Grove, and
Waldron)
FEBRUARY 22, 2013
An act to add and repeal Section 4850.3 of the Welfare and
Institutions Code, relating to developmental disabilities.
LEGISLATIVE COUNSEL'S DIGEST
SB 577, Pavley. Autism and other developmental disabilities:
employment.
The Lanterman Developmental Disabilities Services Act authorizes
the State Department of Developmental Services to contract with
regional centers to provide services and support to individuals with
developmental disabilities, including autism. Existing law governs
the habilitation services provided for adult consumers of regional
centers, including work activity programs, as described, and
establishes an hourly rate for supported employment services provided
to consumers receiving individualized services.
This bill would require the department, contingent upon receiving
federal financial participation, to conduct a 4-year demonstration
project to determine whether community-based vocational development
services will increase employment outcomes for consumers and reduce
purchase of service costs for working age adults, as specified. The
bill would require the development and semiannual review of a plan,
as specified, if community-based vocational development services, as
defined, are determined to be a necessary step to achieve a supported
employment outcome. The bill would establish an hourly rate for
community-based vocational development services, for purposes of the
demonstration project, of $40 per hour for a maximum of 75 hours per
calendar quarter for all services identified and provided in the
plan. The bill would provide that a consumer's hours of participation
in community-based vocational development services may be provided
in lieu of hours of participation in other community-based day
program services, for up to 2 years, except as specified. The bill
would require the department to publish a notice on the department's
Internet Web site when the demonstration project has been
implemented, and to make determinations and notify the Legislature
concerning the project's effectiveness, as specified, at the project'
s conclusion. The bill would repeal these provisions as of January 1,
2025.
The bill would also set forth related legislative findings and
declarations and a statement of legislative intent.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) Individuals with developmental disabilities have to struggle
to find gainful employment. Unemployment amongst the developmentally
disabled population is approximately 80 percent.
(b) Within the developmentally disabled community, autism is the
fastest growing population, making up approximately 50 percent of the
annual new caseload of regional centers in some parts of the state.
(c) One in three adults with autism do not have paid work
experience or a college or technical education seven years after
leaving the K-12 school system.
(d) In order to increase the self-sufficiency of young adults with
autism and other developmental disabilities, including increased
earning capacity and reduced government benefit support, it is
important that the state implement a program to provide
individualized skills assessment, social cue training, and specific
support to ensure their academic and employment success.
(e) The Governor and the Legislature must address the growing need
for new models of assessment, career training, and expanding
employment opportunities and support options for young adults with
autism and other developmental disabilities between 18 and 30 years
of age. If this population is left without purposefully designed
pathways into employment, these young adults will remain at high risk
of public dependency throughout the course of their lives.
(f) The passage of the State of California's Employment First
Policy requires the state to increase the opportunities for
individuals with developmental disabilities to achieve integrated
competitive employment.
SEC. 2. Section 4850.3 is added to the Welfare and Institutions
Code, to read:
4850.3. (a) The Legislature intends that in order to increase
effectiveness and opportunity to gain meaningful integrated
competitive employment opportunities, pursuant to paragraph (1) of
subdivision (a) of Section 4869, habilitation services shall also
provide community-based vocational development services to enhance
community employment readiness, develop social skills necessary for
successful community employment, and build a network of community and
employment opportunities for individuals with developmental
disabilities.
(b) The department shall conduct a four-year demonstration
project, pursuant to paragraph (1) of subdivision (a) of Section
4869, to determine whether community-based vocational development
services increase integrated competitive employment outcomes and
reduce purchase of service costs for working age adults.
(1) For purposes of this section,"community-based vocational
development services" means (A) services provided to enhance
community employment readiness, which may include the use of
discovery and job exploration opportunities, (B) social skill
development services necessary to obtain and maintain community
employment, (C) services to use internship, apprenticeship, and
volunteer opportunities to provide community-based vocational
development skills development opportunities, (D) services to access
and participate in postsecondary education or career technical
education, and (E) building a network of community and employment
opportunities.
(2) If community-based vocational development services are
determined to be a necessary step to achieve a supported employment
outcome, a plan shall be developed and may include, but is not
limited to, all of the following:
(A) An inventory of potential employment interests.
(B) Preferences for types of work environments or situations.
(C) Identification of any training or education needed for the
consumer's desired job.
(D) Opportunities to explore jobs or self-employment as a means to
meet the consumer's desired employment outcome.
(E) Identification of any personal or family networks the consumer
may use to achieve his or her desired employment outcomes.
(3) The habilitation service provider and the regional center
shall review the plan developed pursuant to paragraph (2)
semiannually to document progress towards objectives, additional
barriers, and other changes that impact the consumer's desired
employment outcome.
(4) The hourly rate for community-based vocational development
services, for the purposes of this section, shall be forty dollars
($40) per hour for a maximum of 75 hours per calendar quarter for all
services identified and provided in the community-based vocational
development plan as developed pursuant to paragraphs (2) and (3).
Prior to the implementation of community-based vocational development
services, the department shall secure federal Medicaid funding for
this service.
(5) Hours of participation in community-based vocational
development services may be provided in lieu of hours of
participation in other community-based day program services, as
determined by the consumer's individual program planning team, for up
to two years. Community-based vocational development services may be
authorized for an additional two years, if the consumer's individual
program planning team determines and documents at each semiannual
review that the consumer is making significant progress toward the
habilitation services objectives. A consumer's participation in
community-based vocational development services shall not exceed a
total of four years.
(c) The department shall select up to five volunteer regional
centers that reflect the geographic diversity of California to
participate in the demonstration project.
(d) The department shall publish a notice on the department's
Internet Web site when the demonstration project has been
implemented.
(e) (1) After conclusion of the demonstration project, the
department shall review the effectiveness of the demonstration
project and make determinations whether community-based vocational
development services (A) increase employment outcomes, (B) reduce
purchase of service costs, and (C) may be implemented on a statewide
basis.
(2) The department shall notify the appropriate fiscal and policy
committees of both houses of the Legislature of the determinations
made pursuant to this subdivision.
(f) This section shall be implemented only to the extent that
federal financial participation is available and any necessary
federal approvals have been obtained.
(g) This section shall remain in effect only until January 1,
2025, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2025, deletes or extends
that date.
