BILL ANALYSIS Ó
SB 368
Page 1
SENATE THIRD READING
SB 368 (Liu)
As Amended July 14, 2011
Majority vote
SENATE VOTE : 40-0
HUMAN SERVICES 6-0 APPROPRIATIONS 17-0
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|Ayes:|Beall, Jones, Ammiano, |Ayes:|Fuentes, Harkey, |
| |Grove, Hall, Portantino | |Blumenfield, Bradford, |
| | | |Charles Calderon, Campos, |
| | | |Davis, Donnelly, Gatto, |
| | | |Hall, Hill, Lara, |
| | | |Mitchell, Nielsen, Norby, |
| | | |Solorio, Wagner |
|-----+--------------------------+-----+--------------------------|
| | | | |
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SUMMARY : Gives juvenile courts the authority to limit a parent
or guardian's right to make decisions about the regional center
and other 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.
EXISTING LAW :
1)Gives the juvenile court the authority to limit a parent or
guardian's right to make educational decisions on behalf of
his or her child, and to appoint an "education rights holder"
SB 368
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to make those decisions.
2)Limits the duration of the "education rights holder" order
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 thereafter
assumes the right to make educational decisions on behalf of
the child.
3)Establishes a system of regional centers to provide case
management and provision of services to individuals found to
have one of several specific developmental disabilities before
their 18th birthday.
4)Establishes the IPP for any person eligible for regional
center services, outlining the services and supports to be
purchased or arranged for by the regional center on the
consumer's behalf and which reflect the individual needs of
the consumer.
5)Provides for the participation by the consumer's parents,
legal guardian, conservator, or authorized representative, as
appropriate, in the IPP process as a member of the IPP
planning team, and requires the parent, legal guardian or
authorized representative's signature on the IPP prior to the
plan implementation.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, costs associated with this legislation should be
minor and absorbable within existing resources.
COMMENTS :
Need for this bill: 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
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
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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 : Michelle Doty Cabrera / HUM. S. / (916)
319-2089
FN: 0002529