BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  SB 368
                                                                  Page  1

          Date of Hearing:   August 17, 2011

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                      SB 368 (Liu) - As Amended:  July 14, 2011 

          Policy Committee:                              Human 
          ServicesVote:6 - 0 

          Urgency:     No                   State Mandated Local Program: 
          No     Reimbursable:              

           SUMMARY  

          This bill gives juvenile courts the authority to limit a parent 
          or guardian's right to make decisions about developmental 
          services for a child with developmental disabilities, and to 
          appoint a developmental services decisionmaker.  Specifically, 
          this bill:   

          1)Limits the duration of a court order for the developmental 
            services decisionmaker until, among other possible scenarios, 
            the child is placed in a permanent living arrangement with a 
            foster parent, relative caretaker, or nonrelative extended 
            family member, who will thereafter become the child's 
            authorized representative for the regional center fair 
            hearings process.  

          2)Requires regional centers to comply with the request of an 
            authorized representative to forward all notices related to 
            regional center services and individual program plan (IPP) 
            meetings to the child's parent or family member.

           FISCAL EFFECT  

          Costs associated with this legislation should be minor and 
          absorbable within existing resources.

           COMMENTS  

           Rationale  . The child welfare system seeks to protect the safety 
          and wellbeing of children who are at risk of, or have 
          experienced abuse or neglect.  This includes the child's 
          educational needs and goals.  When the parents of abused or 








                                                                  SB 368
                                                                  Page  2

          neglected children are found by the court to be unsuitable to 
          make decisions on their behalf, the court may appoint a 
          responsible adult to serve as the child's education rights 
          holder under California law.  However, according to the author, 
          abused or neglected children with developmental disabilities are 
          not afforded the same protection, and therefore, may not have 
          the advocacy and authorization needed to fully access the 
          services and supports they are entitled to through the Lanterman 
          Act.  

          This bill seeks to create a structure, parallel to that of the 
          education rights holder for education-related decisions, for 
          children with developmental disabilities.  

          Analysis Prepared by  :    Julie Salley-Gray / APPR. / (916) 
          319-2081