BILL ANALYSIS Ó Senate Appropriations Committee Fiscal Summary Senator Christine Kehoe, Chair SB 368 (Liu) Hearing Date: 5/26/2011 Amended: 4/4/2011 Consultant: Katie Johnson Policy Vote: Human Services 7-0 _________________________________________________________________ ____ BILL SUMMARY: SB 368 would permit a court to suspend parental rights in order to appoint an authorized representative to assist a minor child with developmental disabilities in making decisions related to developmental services. _________________________________________________________________ ____ Fiscal Impact (in thousands) Major Provisions 2011-12 2012-13 2013-14 Fund Increased purchase unknown, potentially in the hundreds General/* of services of thousands of dollars Federal *Costs shared approximately two thirds General Fund, and one third federal funds. _________________________________________________________________ ____ STAFF COMMENTS: SUSPENSE FILE. AS PROPOSED TO BE AMENDED. This bill would permit a court, when a minor child with developmental disabilities has no identifiable other legal representative parental or otherwise, to suspend the rights of the parent or guardian to assist the child in making developmental services decisions. This bill would permit and/or require the court to appoint a responsible adult to make developmental services decisions for the child or to directly make such decisions for the child. Additionally, this bill would provide that when a child is placed into a planned permanent living arrangement the foster parent, relative caretaker, or nonrelative extended family member would become the authorized representative for the child. Existing law currently permits a court to appoint a similar representative to assist a child with making any educational decisions. This bill would use that statute and add developmental disabilities and services to it. Additionally, notwithstanding any other law, this bill would permit this authorized representative designated through a court order to have the right to access the minor's information and records, participate in the development of an individual program plan (IPP), participate in the fair hearing process for the SB 368 (Liu) Page 3 minor to the same extent as provided under law to the minor's parents, legal guardian, or conservator. This bill would provide that representation would also include the ability to provide written consent for purposes of establishing eligibility for regional center services and supports for the minor. The costs of this bill would depend on what type of role the authorized representative would assume. 1) If the child already had an IPP, was receiving adequate services and the authorized representative merely stood in for a legal guardian in order to sign necessary paperwork and be present at required meetings, then costs would be minimal. 2) However, if an authorized representative determined that a child was not being served adequately and actively advocated for increased services within a child's IPP, then costs could be significant. There were 2002 foster children and 2761adopted children being served by the Department of Developmental Services (DDS), as of June 30, 2008, who could be impacted with this bill. Children who may not currently be served by DDS could also be impacted by this bill. It is unknown how many children could have a court appoint an authorized representative pursuant to these provisions. Using these figures as an estimate of the number of children who could be subject to these provisions, if 10 percent of 2000 to 5000 children were not being served adequately and received $100 more in IPP services each month, costs would be approximately $240,000 - $600,000 annually in total funds. Costs would likely be shared two thirds General Fund and one third federal funds. To the extent that this bill expands the role of an "authorized representative," there could be unknown, unintended interactions between this bill and other areas of the Lanterman Act. The author's proposed amendments would strike provisions that would give the authorized representative the rights to the same extent as provided to the minor's parents, legal guardian, or conservator, including: 1) Access the minor's information and records, 2) Participate in the individual program planning process, 3) Participate in the fair hearing process for the minor. The author's proposed amendments would also strike the provision SB 368 (Liu) Page 4 that would grant the authorized representative the ability to provide written consent for purposes of establishing a minor's eligibility for regional center services and supports, as well as for the purpose of individual program plan development and revision, including, but not limited to, the authorization of assessments of, and the provision of services to, the minor. Although these amendments would decrease the potential cost pressure to provide more services to these minors, some cost pressure would remain because these children would now have someone specifically appointed to aid them in making decisions related to their developmental disabilities where they did not have one under current law.