Bill Text: CA SB889 | 2011-2012 | Regular Session | Introduced

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Bill Title: The protection and advocacy agency.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-01-31 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB889 Detail]

Download: California-2011-SB889-Introduced.html

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BILL NUMBER: SB 889	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Emmerson

                        FEBRUARY 18, 2011

   An act to amend Section 4905 of the Welfare and Institutions Code,
relating to public social services.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 889, as introduced, Emmerson. The protection and advocacy
agency.
   Existing law prescribes, in accordance with federal law, the
powers of the protection and advocacy agency, which is a private,
nonprofit corporation charged with protecting and advocating for the
rights of persons with developmental disabilities and mental
disorders.
   This bill would make a technical, nonsubstantive change to the law
relating to the protection and advocacy agency.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 4905 of the Welfare and Institutions Code is
amended to read:
   4905.  (a) No employee or agent of a facility, program, or service
shall subject a person with a disability to reprisal or harassment
or directly or indirectly take or threaten to take any action that
would prevent the person, his or her legally authorized
representative, or family member from reporting or otherwise bringing
to the attention of the protection and advocacy agency any facts or
information  relative   relating  to
suspected abuse, neglect, or other violations of the person's rights.

   (b) Any attempt to involuntarily remove from a facility, program,
or service, or to deny privileges or rights without good cause to a
person with a disability by whom or for whom a complaint has been
made to the protection and advocacy agency, within 60 days after the
date the complaint is made or within 60 days after the conclusion of
any proceeding resulting from the complaint, shall raise a
presumption that the action was taken in retaliation for the filing
of the complaint.