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
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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.
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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.
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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)
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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
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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.