BILL NUMBER: AB 254 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Beall
FEBRUARY 3, 2011
An act to amend Section 4646.5 of, and to add Section 4869 to, the
Welfare and Institutions Code, relating to developmental services.
LEGISLATIVE COUNSEL'S DIGEST
AB 254, as introduced, Beall. Developmental services: Employment
First Policy.
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 (IPP), developed in accordance with prescribed requirements.
Existing law requires the State Council on Developmental
Disabilities to form a standing Employment First Committee to
identify strategies and recommend legislative, regulatory, and policy
changes to increase integrated employment for persons with
developmental disabilities, as specified.
This bill would require the regional center, when developing an
individual program plan for a transition age youth or working age
adult, to be guided by the Employment First Policy. The bill also,
beginning when a consumer is 14 years of age, would require the
planning team to discuss school-to-work opportunities during
individual program plan meetings and to inform the consumer, parent,
legal guardian, or conservator that the regional center is available,
upon request, to participate in the consumer's individualized
education plan meetings to discuss transition planning. The bill
would require the planning team, as part of the individual program
plan process for working age adults, to address integrated employment
opportunities, while respecting the consumer's right to choose.
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 4646.5 of the Welfare and Institutions Code is
amended to read:
4646.5. (a) The planning process for the individual program plan
described in Section 4646 shall include all of the following:
(1) Gathering information and conducting assessments to determine
the life goals, capabilities and strengths, preferences, barriers,
and concerns or problems of the person with developmental
disabilities. For children with developmental disabilities, this
process should include a review of the strengths, preferences, and
needs of the child and the family unit as a whole. Assessments shall
be conducted by qualified individuals and performed in natural
environments whenever possible. Information shall be taken from the
consumer, his or her parents and other family members, his or her
friends, advocates, providers of services and supports, and other
agencies. The assessment process shall reflect awareness of, and
sensitivity to, the lifestyle and cultural background of the consumer
and the family.
(2) A statement of goals, based on the needs, preferences, and
life choices of the individual with developmental disabilities, and a
statement of specific, time-limited objectives for implementing the
person's goals and addressing his or her needs. These objectives
shall be stated in terms that allow measurement of progress or
monitoring of service delivery. These goals and objectives should
maximize opportunities for the consumer to develop relationships, be
part of community life in the areas of community participation,
housing, work, school, and leisure, increase control over his or her
life, acquire increasingly positive roles in community life, and
develop competencies to help accomplish these goals.
(3) When developing individual program plans for children,
regional centers shall be guided by the principles, process, and
services and support parameters set forth in Section 4685.
(4) When developing an individual program plan for a transition
age youth or working age adult, the regional center shall be guided
by the Employment First Policy described in Chapter 14 (commencing
with Section 4868). Beginning when a consumer is 14 years of age, the
planning team shall discuss school-to-work opportunities during
individual program plan meetings, and the regional center
representative shall inform the consumer, parent, legal guardian, or
conservator that the regional center is available, upon request, to
participate in the consumer's individualized education plan meetings
to discuss transition planning.
(4)
(5) A schedule of the type and amount of services and
supports to be purchased by the regional center or obtained from
generic agencies or other resources in order to achieve the
individual program plan goals and objectives, and identification of
the provider or providers of service responsible for attaining each
objective, including, but not limited to, vendors, contracted
providers, generic service agencies, and natural supports. The plan
shall specify the approximate scheduled start date for services and
supports and shall contain timelines for actions necessary to begin
services and supports, including generic services.
(5)
(6) When agreed to by the consumer, the parents or
legally appointed guardian of a minor consumer, or the legally
appointed conservator of an adult consumer or the authorized
representative, including those appointed pursuant to subdivision (d)
of Section 4548 and subdivision (e) of Section 4705, a review of the
general health status of the adult or child including a medical,
dental, and mental health needs shall be conducted. This review shall
include a discussion of current medications, any observed side
effects, and the date of last review of the medication. Service
providers shall cooperate with the planning team to provide any
information necessary to complete the health status review. If any
concerns are noted during the review, referrals shall be made to
regional center clinicians or to the consumer's physician, as
appropriate. Documentation of health status and referrals shall be
made in the consumer's record by the service coordinator.
(6)
(7) A schedule of regular periodic review and
reevaluation to ascertain that planned services have been provided,
that objectives have been fulfilled within the times specified, and
that consumers and families are satisfied with the individual program
plan and its implementation.
(b) For all active cases, individual program plans shall be
reviewed and modified by the planning team, through the process
described in Section 4646, as necessary, in response to the person's
achievement or changing needs, and no less often than once every
three years. If the consumer or, where appropriate, the consumer's
parents, legal guardian, or conservator requests an individual
program plan review, the individual program shall be reviewed within
30 days after the request is submitted.
(c) (1) The department, with the participation of representatives
of a statewide consumer organization, the Association of Regional
Center Agencies, an organized labor organization representing service
coordination staff, and the Organization of Area Boards shall
prepare training material and a standard format and instructions for
the preparation of individual program plans, which embodies an
approach centered on the person and family.
(2) Each regional center shall use the training materials and
format prepared by the department pursuant to paragraph (1).
(3) The department shall biennially review a random sample of
individual program plans at each regional center to assure that these
plans are being developed and modified in compliance with Section
4646 and this section.
SEC. 2. Section 4869 is added to the Welfare and Institutions
Code, to read:
4869. In furtherance of the Employment First Policy established
pursuant to this chapter, the individual program plan process for
working age adults shall address integrated employment opportunities,
while respecting the consumer's right to choose.