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 








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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 








          SB 368 (Liu)
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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.