Amended in Senate June 11, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 89

Introduced by Committee on Budget (Blumenfield (Chair), Bloom, Bonilla, Chesbro, Daly, Dickinson, Gordon, Jones-Sawyer, Mitchell, Mullin, Muratsuchi, Nazarian, Rendon, Stone, and Ting)

January 10, 2013

begin delete An act relating to the Budget Act of 2013. end delete begin insert An act to amend Sections 4418.25, 4474.2, 4519.5, 4648, 4785, 4801, 6500, and 6509 of, to add Sections 4519.6, 4659.1, and 4806 to, and to add and repeal Section 4648.01 of, the Welfare and Institutions Code, relating to developmental services, and making an appropriation therefor, to take effect immediately, bill related to the budget. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 89, as amended, Committee on Budget. begin delete Budget Act of 2013. end delete begin insert Developmental services. end insert

begin insert

(1) Existing law vests the State Department of Developmental Services with jurisdiction over state hospitals, referred to as developmental centers, for the provision of care to persons with developmental disabilities. Existing law, the Lanterman Developmental Disabilities Services Act, requires that treatment, services, and supports be provided in natural community settings to the maximum extent possible, and authorizes the department to contract with regional centers to provide services and supports to individuals with developmental disabilities.

end insert begin insert

This bill would require the California Health and Human Services Agency to submit to the Legislature a master plan for the future of developmental centers by November 15, 2013. The bill would also require the agency to submit, by January 10, 2014, a report to the Legislature regarding, among other things, the ability of community resources to meet the specialized needs of residents now living in developmental centers.

end insert begin insert

(2) Under existing law, every developmentally disabled person who is admitted or committed to a state hospital, developmental center, community care facility, health facility, or other placement has a right to a hearing by writ of habeas corpus for his or her release after a request for release is made to any employee of the center or facility. Existing law requires that at the time the petition for the writ of habeas corpus is filed with the court, the clerk of the court transmit a copy of the petition, together with notification as to the time and place of an evidentiary hearing in the matter, to the parent or conservator of the person seeking release or for whom release is sought and to the director of the appropriate regional center.

end insert begin insert

This bill would require the clerk of the court to provide the above-described notice and petition to the clients’ rights advocate of the appropriate regional center, and would authorize that advocate to attend these hearings to assist in protecting the individual’s rights.

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By imposing this additional duty on court clerks, this bill would impose a state-mandated local program.

end insert begin insert

(3) Under existing law, the services and supports to be provided to a regional center consumer are contained in an individual program plan, developed in accordance with prescribed requirements.

end insert begin insert

This bill would authorize a regional center to pay any applicable copayment or coinsurance for a service and support required by a consumer’s individual program plan if the service is paid for by the health care service plan or health insurance policy of the consumer or his or her parent, guardian, or caregiver and specified conditions are met. The bill would prohibit a regional center from paying health care service plan or health insurance policy deductibles.

end insert begin insert

(4) Existing law requires the State Department of Developmental Services and the regional centers to annually collaborate to compile data relating to purchase of service authorization, utilization, and expenditure by each regional center, as specified. Under existing law, the department and each regional center is required to post this data on their respective Internet Web sites by December 31 of each year, and requires each regional center to hold a public meeting with stakeholders regarding the data within 3 months of its compilation.

end insert begin insert

This bill would require each regional center to inform the department regarding the scheduling of those public meetings, and to post a notice of a meeting on its Internet Web site 30 days prior to the meeting. The bill would also require the department to post a notice of the meeting on its Internet Web site. The bill would further require the department and the regional centers to annually collaborate to determine the most appropriate methods to collect and compile data related to the payment of copayments and coinsurance by each regional center.

end insert begin insert

(5) Existing law requires the State Department of Developmental Services to establish policies and procedures for the development of an annual community placement plan by regional centers. Existing law also requires the department to establish a statewide specialized resource service to reduce reliance on out-of-state placements and developmental centers and mental health facilities for which federal funding is not available. Existing law requires regional centers to complete a comprehensive assessment of specified consumers residing in developmental centers, and requires that this assessment be provided to the individual program planning team in order to assist the planning team in determining the least restrictive environment for the consumer.

end insert begin insert

This bill would require the regional center to also provide, to the extent appropriate, relevant information from the statewide specialized resource service to the individual program planning team. The bill would also require that the clients’ rights advocate for the regional center be notified of each individual program plan meeting that includes discussion of the results of the assessment, and would authorize the advocate to participate in the meeting unless the consumer objects on his or her own behalf.

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(6) Existing law prohibits a regional center from purchasing new residential services from institutions for mental disease for which federal Medicaid funding is not available, except in emergencies, as specified. Existing law limits these emergency placements to 180 days.

end insert begin insert

This bill would additionally prohibit the placement of a consumer in an institution for mental disease regardless of the availability of federal funding, subject to specified exceptions. The bill would require that the clients’ rights advocate for the regional center be notified of each admission to an institution for mental disease, as specified. The bill would authorize, until July 1, 2014, the placement of consumers who are under 21 years of age for a period that exceeds 180 days if specified conditions are satisfied.

end insert begin insert

(7) Existing law, until June 30, 2013, establishes a family program fee, as specified, for families with an adjusted gross family income, as defined, at or above 400% of the federal poverty level and who have a child meeting prescribed requirements, including receiving specified services from a regional center.

end insert begin insert

This bill would extend the operation of these provisions indefinitely.

end insert begin insert

(8) Existing law prohibits the commitment of a person with a developmental disability to the department unless the person is a danger to self or others and is being committed due to an acute crisis or because he or she is mentally incompetent to stand trial, or the person currently is a resident of a state developmental center or state-operated community facility pursuant to an order of commitment made prior to July 1, 2012, as specified.

end insert begin insert

This bill would instead permit a person with a developmental disability to be committed to the department for residential placement other than in a state developmental center or state-operated community facility, as prescribed, if the person is found to be a danger to self or others, as specified.

end insert begin insert

(9) Existing law provides for the closure of the Lanterman Developmental Center, including authorization for the State Department of Developmental Services to contract with any entity for the use of the department’s employees to provide services in furtherance of the orderly closure of Lanterman Developmental Center, and specifies that the services of these employees may be used for up to 2 years following the transfer of the last resident of the Lanterman Developmental Center, as specified.

end insert begin insert

This bill would require the department to complete closure of the Lanterman Developmental Center no later than December 31, 2014. The bill would also delete that 2-year limitation on the use of employees of the State Department of Developmental Services.

end insert begin insert

(10)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

end insert begin insert

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

end insert begin insert

(11) The Budget Act of 2010 appropriates $300,370,000 for the support of the State Department of Developmental Services.

end insert begin insert

This bill would extend the period to liquidate encumbrances of that appropriation to June 30, 2014, thereby making an appropriation.

end insert begin insert

(12) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.

end insert begin delete

This bill would express the intent of the Legislature to enact statutory changes relating to the Budget Act of 2013.

end delete

Vote: majority. Appropriation:  begin delete no end delete begin insert yes end insert . Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program:  begin delete no end delete begin insert yes end insert .

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

end insert

begin insert Section 4418.25 of the end insert begin insert Welfare and Institutions
Code end insert begin insert is amended to read: end insert

4418.25.  

(a) The department shall establish policies and
procedures for the development of an annual community placement
plan by regional centers. The community placement plan shall be
based upon an individual program plan process as referred to in
subdivision (a) of Section 4418.3 and shall be linked to the
development of the annual state budget. The department’s policies
shall address statewide priorities, plan requirements, and the
statutory roles of regional centers, developmental centers, and
regional resource development projects in the process of assessing
consumers for community living and in the development of
community resources.

(b) (1) To reduce reliance on developmental centers and mental
health facilities, including institutions for mental disease as
described in Part 5 (commencing with Section 5900) of Division
5, for which federal funding is not available, and out-of-state
placements, the department shall establish a statewide specialized
resource service that does all of the following:

(A) Tracks the availability of specialty residential beds and
services.

(B) Tracks the availability of specialty clinical services.

(C) Coordinates the need for specialty services and supports in
conjunction with regional centers.

(D) Identifies, subject to federal reimbursement, developmental
center services and supports that can be made available to
consumers residing in the community, when no other community
resource has been identified.

(2) By September 1, 2012, regional centers shall provide the
department with information about all specialty resources
developed with the use of community placement plan funds and
shall make these resources available to other regional centers.

(3) When allocating funding for community placement plans,
priority shall be given to the development of needed statewide
specialty services and supports, including regional community
crisis homes.

(4) If approved by the director, funding may be allocated to
facilities that meet the criteria of Sections 1267.75 and 1531.15
of the Health and Safety Code.

(5) The department shall not provide community placement
plan funds to develop programs that are ineligible for federal
funding participation unless approved by the director.

(c) (1) The community placement plan shall provide for
dedicated funding for comprehensive assessments of developmental
center residents, for identified costs of moving individuals from
developmental centers to the community, and for deflection of
individuals from developmental center admission. The plans shall,
where appropriate, include budget requests for regional center
operations, assessments, resource development, and ongoing
placement costs. These budget requests are intended to provide
supplemental funding to regional centers. The plan is not intended
to limit the department’s or regional centers’ responsibility to
otherwise conduct assessments and individualized program
planning, and to provide needed services and supports in the least
restrictive, most integrated setting in accord with the Lanterman
Developmental Disabilities Services Act (Division 4.5
(commencing with Section 4500)).

(2) (A) Regional centers shall complete a comprehensive
assessment of any consumer residing in a developmental center
on July 1, 2012, who meets both of the following criteria:

(i) The consumer is not committed pursuant to Section 1370.1
of the Penal Code.

(ii) The consumer has not had such an assessment in the prior
two years.

(B) The assessment shall include input from the regional center,
the consumer, and, when appropriate, the consumer’s family, legal
guardian, conservator, or authorized representative, and shall
identify the types of community-based services and supports
available to the begin delete consumer. end delete begin insert consumer that would enable the
consumer to move to a community setting. Necessary services and
supports not currently available in the community setting shall be
considered for development pursuant to community placement
planning and funding. end insert

(C) Regional centers shall specify in the annual community
placement plan how they will complete the required assessment
and the timeframe for completing the assessment for each
consumer. Initial assessments pursuant to this paragraph for
individuals residing in a developmental center on July 1, 2012,
shall be completed by December 31, 2015, unless a regional center
demonstrates to the department that an extension of time is
necessary and the department grants such an extension.

(D) The assessment completed in the prior two years, or the
assessment completed pursuant to the requirements of this section
shall be provided to the individual program planning team in order
to assist the planning team in determining the least restrictive
environment for the consumer. These assessments shall be updated
annually as part of the individual program planning process for as
long as the consumer resides in the developmental center. begin insert To the
extent appropriate, the regional center shall also provide relevant
information from the statewide specialized resource service. For
each individual program plan meeting that includes discussion of
the results of the assessment, the clients’ rights advocate for the
regional center shall be notified of the meeting and may participate
in the meeting unless the consumer objects on his or her own
behalf. end insert

(d) The department shall review, negotiate, and approve regional
center community placement plans for feasibility and
reasonableness, including recognition of each regional centers’
current developmental center population and their corresponding
placement level, as well as each regional centers’ need to develop
new and innovative service models. The department shall hold
regional centers accountable for the development and
implementation of their approved plans. The regional centers shall
report, as required by the department, on the outcomes of their
plans. The department shall make aggregate performance data for
each regional center available, upon request, as well as data on
admissions to, and placements from, each developmental center.

(e) Funds allocated by the department to a regional center for
a community placement plan developed under this section shall
be controlled through the regional center contract to ensure that
the funds are expended for the purposes allocated. Funds allocated
for community placement plans that are not used for that purpose
may be transferred to Item 4300-003-0001 for expenditure in the
state developmental centers if their population exceeds the
budgeted level. Any unspent funds shall revert to the General Fund.

(f) Commencing May 1, 2013, and then on April 1, 2014, and
on April 1 annually thereafter, the department shall provide to the
fiscal and appropriate policy committees of the Legislature
information on efforts to serve consumers with challenging service
needs, including, but not limited to, all of the following:

(1) For each regional center, the number of consumers admitted
to each developmental center, including the legal basis for the
admissions.

(2) For each regional center, the number of consumers described
in paragraph (2) of subdivision (a) of Section 7505 who were
admitted to Fairview Developmental Center by court order pursuant
to Article 2 (commencing with Section 6500) of Chapter 2 of Part
2 of Division 6, and the number and lengths of stay of consumers,
including those who have transitioned back to a community living
arrangement.

(3) Outcome data related to the assessment process set forth in
Section 4418.7, including the number of consumers who received
assessments pursuant to Section 4418.7 and the outcomes of the
assessments. Each regional center, commencing March 1, 2013,
and then on February 1, 2014, and on February 1 annually
thereafter, shall provide the department with information on
alternative community services and supports provided to those
consumers who were able to remain in the community following
the assessments, and the unmet service needs that resulted in any
consumers being admitted to Fairview Developmental Center.

(4) Progress in the development of needed statewide specialty
services and supports, including regional community crisis options,
as provided in paragraph (3) of subdivision (b). Each regional
center shall provide the department with a report containing the
information described in this paragraph commencing March 1,
2013, and then on February 1, 2014, and on February 1 annually
thereafter.

(5) Progress in reducing reliance on mental health facilities
ineligible for federal Medicaid funding, and out-of-state
placements.

(6) Information on the utilization of facilities serving consumers
with challenging service needs that utilize delayed egress devices
and secured perimeters, pursuant to Section 1267.75 or 1531.15
of the Health and Safety Code, including the number of admissions,
reasons for admissions, and lengths of stay of consumers, including
those who have transitioned to less restrictive living arrangements.

(7) If applicable, any recommendations regarding additional
rate exceptions or modifications beyond those allowed for under
existing law that the department identifies as necessary to meet
the needs of consumers with challenging service needs.

(g) Each regional center, commencing March 1, 2013, and then
on February 1, 2014, and on February 1 annually thereafter, shall
provide information to the department regarding the facilities
described in paragraph (6) of subdivision (f), including, but not
limited to, the number of admissions, reasons for admissions, and
lengths of stay of consumers, including those who have transitioned
to less restrictive living arrangements.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 4474.2 of the end insert begin insert Welfare and Institutions Code end insert
begin insert is amended to read: end insert

4474.2.  

(a) Notwithstanding any begin delete provision of end delete law to the
contrary, the department may operate any facility, provide its
employees to assist in the operation of any facility, or provide
other necessary services and supports if, in the discretion of the
department, it determines that the activity will assist in meeting
the goal of the orderly closures of Agnews Developmental Center
and Lanterman Developmental Center. The department may
contract with any entity for the use of the department’s employees
to provide services in furtherance of the orderly closures of Agnews
Developmental Center and Lanterman Developmental Center. begin delete For
the Lanterman Developmental Center, the use of department
employees is in effect for up to two years following the transfer
of the last resident of the Lanterman Developmental Center, unless
a later enacted statute deletes or extends this provision. end delete

(b) The department shall prepare a report on the use of the
department’s employees in providing services in the community
to assist in the orderly closures of Agnews Developmental Center
and Lanterman Developmental Center. The report shall include
data on the number and classification of state employees working
in the community program. The report shall be submitted with the
Governor’s proposed budget for the 2012-13 fiscal year to the
fiscal committees of both houses of the Legislature and annually
thereafter.

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begin insert SEC. 3. end insert   

end insert

begin insert Section 4519.5 of the end insert begin insert Welfare and Institutions Code end insert
begin insert is amended to read: end insert

4519.5.  

(a) The department and the regional centers shall
annually collaborate to compile data begin insert in a uniform manner end insert relating
to purchase of service authorization, utilization, and expenditure
by each regional center with respect to all of the following:

(1) The age of consumer, categorized by the following:

(A) Birth to age two, inclusive.

(B) Three to 21, inclusive.

(C) Twenty-two and older.

(2) Race or ethnicity of the consumer.

(3) Primary language spoken by the consumer, and other related
details, as feasible.

(4) Disability detail, in accordance with the categories
established by subdivision (a) of Section 4512, and, if applicable,
a category specifying that the disability is unknown.

(b) The data reported pursuant to subdivision (a) shall also
include the number and percentage of individuals, categorized by
age, race or ethnicity, and disability, who have been determined
to be eligible for regional center services but are not receiving
purchase of service funds.

(c) By March 31, 2013, each regional center shall post the data
described in this section that is specific to the regional center on
its Internet Web site. Commencing on December 31, 2013, each
regional center shall annually post this data by December 31.

(d) By March 31, 2013, the department shall post the information
described in this section on a statewide basis on its Internet Web
site. Commencing December 31, 2013, the department shall
annually post this information by December 31. begin insert The department
shall also post notice of any regional center stakeholder meetings
on its Internet Web site. end insert

(e) Within three months of compiling the data with the
department, and annually thereafter, each regional center shall
meet with stakeholders in a public meeting regarding the data.
begin insert Regional centers shall inform the department of the scheduling of
those public meetings 30 days prior to the meeting. Notice of the
meetings shall also be posted on the regional center’s Internet
Web site 30 days prior to the meeting and shall be sent to
individual stakeholders and groups representing underserved
communities in a timely manner. end insert

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 4519.6 is added to the end insert begin insert Welfare and Institutions
Code end insert begin insert , to read: end insert

begin insert

begin insert 4519.6. end insert   

The department and the regional centers shall annually
collaborate to determine the most appropriate methods to collect
and compile meaningful data in a uniform manner, as specified
in Section 4519.5, related to the payment of copayments and
coinsurance by each regional center.

end insert

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 4648 of the end insert begin insert Welfare and Institutions Code end insert begin insert is
amended to read: end insert

4648.  

In order to achieve the stated objectives of a consumer’s
individual program plan, the regional center shall conduct activities,
including, but not limited to, all of the following:

(a) Securing needed services and supports.

(1) It is the intent of the Legislature that services and supports
assist individuals with developmental disabilities in achieving the
greatest self-sufficiency possible and in exercising personal
choices. The regional center shall secure services and supports
that meet the needs of the consumer, as determined in the
consumer’s individual program plan, and within the context of the
individual program plan, the planning team shall give highest
preference to those services and supports which would allow
minors with developmental disabilities to live with their families,
adult persons with developmental disabilities to live as
independently as possible in the community, and that allow all
consumers to interact with persons without disabilities in positive,
meaningful ways.

(2) In implementing individual program plans, regional centers,
through the planning team, shall first consider services and supports
in natural community, home, work, and recreational settings.
Services and supports shall be flexible and individually tailored
to the consumer and, where appropriate, his or her family.

(3) A regional center may, pursuant to vendorization or a
contract, purchase services or supports for a consumer from any
individual or agency which the regional center and consumer or,
where appropriate, his or her parents, legal guardian, or
conservator, or authorized representatives, determines will best
accomplish all or any part of that consumer’s program plan.

(A) Vendorization or contracting is the process for identification,
selection, and utilization of service vendors or contractors, based
on the qualifications and other requirements necessary in order to
provide the service.

(B) A regional center may reimburse an individual or agency
for services or supports provided to a regional center consumer if
the individual or agency has a rate of payment for vendored or
contracted services established by the department, pursuant to this
division, and is providing services pursuant to an emergency
vendorization or has completed the vendorization procedures or
has entered into a contract with the regional center and continues
to comply with the vendorization or contracting requirements. The
director shall adopt regulations governing the vendorization process
to be utilized by the department, regional centers, vendors and the
individual or agency requesting vendorization.

(C) Regulations shall include, but not be limited to: the vendor
application process, and the basis for accepting or denying an
application; the qualification and requirements for each category
of services that may be provided to a regional center consumer
through a vendor; requirements for emergency vendorization;
procedures for termination of vendorization; the procedure for an
individual or an agency to appeal any vendorization decision made
by the department or regional center.

(D) A regional center may vendorize a licensed facility for
exclusive services to persons with developmental disabilities at a
capacity equal to or less than the facility’s licensed capacity. A
facility already licensed on January 1, 1999, shall continue to be
vendorized at their full licensed capacity until the facility agrees
to vendorization at a reduced capacity.

(E) Effective July 1, 2009, notwithstanding any other provision
of law or regulation to the contrary, a regional center shall not
newly vendor a State Department of Social Services licensed
24-hour residential care facility with a licensed capacity of 16 or
more beds, unless the facility qualifies for receipt of federal funds
under the Medicaid Program.

(4) Notwithstanding subparagraph begin delete (B), end delete begin insert (B) of paragraph (3), end insert a
regional center may contract or issue a voucher for services and
supports provided to a consumer or family at a cost not to exceed
the maximum rate of payment for that service or support
established by the department. If a rate has not been established
by the department, the regional center may, for an interim period,
contract for a specified service or support with, and establish a
rate of payment for, any provider of the service or support
necessary to implement a consumer’s individual program plan.
Contracts may be negotiated for a period of up to three years, with
annual review and subject to the availability of funds.

(5) In order to ensure the maximum flexibility and availability
of appropriate services and supports for persons with
developmental disabilities, the department shall establish and
maintain an equitable system of payment to providers of services
and supports identified as necessary to the implementation of a
consumers’ individual program plan. The system of payment shall
include provision for a rate to ensure that the provider can meet
the special needs of consumers and provide quality services and
supports in the least restrictive setting as required by law.

(6) The regional center and the consumer, or where appropriate,
his or her parents, legal guardian, conservator, or authorized
representative, including those appointed pursuant to subdivision
(d) of Section 4548, subdivision (b) of Section 4701.6, or
subdivision (e) of Section 4705, shall, pursuant to the individual
program plan, consider all of the following when selecting a
provider of consumer services and supports:

(A) A provider’s ability to deliver quality services or supports
which can accomplish all or part of the consumer’s individual
program plan.

(B) A provider’s success in achieving the objectives set forth
in the individual program plan.

(C) Where appropriate, the existence of licensing, accreditation,
or professional certification.

(D) The cost of providing services or supports of comparable
quality by different providers, if available, shall be reviewed, and
the least costly available provider of comparable service, including
the cost of transportation, who is able to accomplish all or part of
the consumer’s individual program plan, consistent with the
particular needs of the consumer and family as identified in the
individual program plan, shall be selected. In determining the least
costly provider, the availability of federal financial participation
shall be considered. The consumer shall not be required to use the
least costly provider if it will result in the consumer moving from
an existing provider of services or supports to more restrictive or
less integrated services or supports.

(E) The consumer’s choice of providers, or, where appropriate,
the consumer’s parent’s, legal guardian’s, authorized
representative’s, or conservator’s choice of providers.

(7) No service or support provided by any agency or individual
shall be continued unless the consumer or, where appropriate, his
or her parents, legal guardian, or conservator, or authorized
representative, including those appointed pursuant to subdivision
(d) of Section 4548, subdivision (b) of Section 4701.6, or
subdivision (e) of Section 4705, is satisfied and the regional center
and the consumer or, when appropriate, the person’s parents or
legal guardian or conservator agree that planned services and
supports have been provided, and reasonable progress toward
objectives have been made.

(8) Regional center funds shall not be used to supplant the
budget of any agency begin delete which end delete begin insert that end insert has a legal responsibility to serve
all members of the general public and is receiving public funds
for providing those services.

(9) (A) A regional center may, directly or through an agency
acting on behalf of the center, provide placement in, purchase of,
or follow-along services to persons with developmental disabilities
in, appropriate community living arrangements, including, but not
limited to, support service for consumers in homes they own or
lease, foster family placements, health care facilities, and licensed
community care facilities. In considering appropriate placement
alternatives for children with developmental disabilities, approval
by the child’s parent or guardian shall be obtained before placement
is made.

(B) Effective July 1, 2012, notwithstanding any other begin delete provision
of end delete law or regulation to the contrary, a regional center shall not
purchase residential services from a State Department of Social
Services licensed 24-hour residential care facility with a licensed
capacity of 16 or more beds. This prohibition on regional center
purchase of residential services shall not apply to any of the
following:

(i) A residential facility with a licensed capacity of 16 or more
beds that has been approved to participate in the department’s
Home and Community Based Services Waiver or another existing
waiver program or certified to participate in the Medi-Cal program.

(ii) A residential facility service provider that has a written
agreement and specific plan prior to July 1, 2012, with the
vendoring regional center to downsize the existing facility by
transitioning its residential services to living arrangements of 15
beds or less or restructure the large facility to meet federal
Medicaid eligibility requirements on or before June 30, 2013.

(iii) A residential facility licensed as a mental health
rehabilitation center by the State Department of Mental Health or
successor agency under any of the following circumstances:

(I) The facility is eligible for Medicaid reimbursement.

(II) The facility has a department-approved plan in place by
June 30, 2013, to transition to a program structure eligible for
federal Medicaid funding, and this transition will be completed by
June 30, 2014. The department may grant an extension for the date
by which the transition will be completed if the facility
demonstrates that it has made significant progress toward transition,
and states with specificity the timeframe by which the transition
will be completed and the specified steps that will be taken to
accomplish the transition. A regional center may pay for the costs
of care and treatment of a consumer residing in the facility on June
30, 2012, until June 30, 2013, inclusive, and, if the facility has a
department-approved plan in place by June 30, 2013, may continue
to pay the costs under this subparagraph until June 30, 2014, or
until the end of any period during which the department has granted
an extension.

(III) There is an emergency circumstance in which the regional
center determines that it cannot locate alternate federally eligible
services to meet the consumer’s needs. Under such an emergency
circumstance, an assessment shall be completed by the regional
center as soon as possible and within 30 days of admission. An
individual program plan meeting shall be convened immediately
following the assessment to determine the services and supports
needed for stabilization and to develop a plan to transition the
consumer from the facility into the community. If transition is not
expected within 90 days of admission, an individual program plan
meeting shall be held to discuss the status of transition and to
determine if the consumer is still in need of placement in the
facility. Commencing October 1, 2012, this determination shall
be made after also considering resource options identified by the
statewide specialized resource service. If it is determined that
emergency services continue to be necessary, the regional center
shall submit an updated transition plan that can cover a period of
up to 90 days. In no event shall placements under these emergency
circumstances exceed 180 days.

(C) (i) Effective July 1, 2012, notwithstanding any other
begin delete provision of end delete law or regulation to the contrary, a regional center
shall not purchase new residential services begin delete from end delete begin insert from, or place a
consumer in, end insert institutions for mental disease, as described in Part
5 (commencing with Section 5900) of Division 5, for which federal
Medicaid funding is not available. begin insert Effective July 1, 2013, this
prohibition applies regardless of the availability of federal funding. end insert

(ii) The prohibition described in clause (i) shall not apply to
emergencies, as determined by the regional center, when a regional
center cannot locate alternate begin delete federally eligible end delete services to meet
the consumer’s needs. As soon as possible within 30 days of
admission due to an emergency, an assessment shall be completed
by the regional center. An individual program plan meeting shall
be convened immediately following the assessment, to determine
the services and supports needed for stabilization and to develop
a plan to transition the consumer from the facility to the
community. If transition is not expected within 90 days of
admission, an begin delete emergency, end delete begin insert emergency end insert program plan meeting shall
be held to discuss the status of begin insert the end insert transition and to determine if
the consumer is still in need of placement in the facility. If
emergency services continue to be necessary, the regional center
shall submit an updated transition plan to the department for an
extension of up to 90 days. Placement shall not exceed 180 days.

begin insert

(iii) To the extent feasible, prior to any admission, the regional
center shall consider resource options identified by the statewide
specialized resource service established pursuant to subdivision
(b) of Section 4418.25.

end insert begin insert

(iv) The clients’ rights advocate shall be notified of each
admission and individual program planning meeting pursuant to
this subparagraph and may participate in all individual program
planning meetings unless the consumer objects on his or her own
behalf.

end insert begin delete

(iii)

end delete

begin insert (v) end insert  Regional centers shall complete a comprehensive assessment
of any consumer residing in an institution for mental disease as of
July 1, 2012, for which federal Medicaid funding is not begin delete available. end delete
begin insert available, and for any consumer residing in an institution for
mental disease as of July 1, 2013, without regard to federal
funding. end insert The comprehensive assessment shall be completed prior
to the consumer’s next scheduled individual program plan meeting
and shall include identification of the services and supports needed
and the timeline for identifying or developing those services needed
to transition the consumer back to the community. Effective
October 1, 2012, the regional center shall also consider resource
options identified by the statewide specialized resource service.
For each individual program plan meeting convened pursuant to
this subparagraph, the clients’ rights advocate for the regional
center shall be notified of the meeting and may participate in the
meeting unless the consumer objects on his or her own behalf.

(D) Each person with developmental disabilities placed by the
regional center in a community living arrangement shall have the
rights specified in this division. These rights shall be brought to
the person’s attention by any means necessary to reasonably
communicate these rights to each resident, provided that, at a
minimum, the Director of Developmental Services prepare,
provide, and require to be clearly posted in all residential facilities
and day programs a poster using simplified language and pictures
that is designed to be more understandable by persons with
cognitive disabilities and that the rights information shall also be
available through the regional center to each residential facility
and day program in alternative formats, including, but not limited
to, other languages, braille, and audio tapes, when necessary to
meet the communication needs of consumers.

(E) Consumers are eligible to receive supplemental services
including, but not limited to, additional staffing, pursuant to the
process described in subdivision (d) of Section 4646. Necessary
additional staffing that is not specifically included in the rates paid
to the service provider may be purchased by the regional center if
the additional staff are in excess of the amount required by
regulation and the individual’s planning team determines the
additional services are consistent with the provisions of the
individual program plan. Additional staff should be periodically
reviewed by the planning team for consistency with the individual
program plan objectives in order to determine if continued use of
the additional staff is necessary and appropriate and if the service
is producing outcomes consistent with the individual program plan.
Regional centers shall monitor programs to ensure that the
additional staff is being provided and utilized appropriately.

(10) Emergency and crisis intervention services including, but
not limited to, mental health services and behavior modification
services, may be provided, as needed, to maintain persons with
developmental disabilities in the living arrangement of their own
choice. Crisis services shall first be provided without disrupting a
person’s living arrangement. If crisis intervention services are
unsuccessful, emergency housing shall be available in the person’s
home community. If dislocation cannot be avoided, every effort
shall be made to return the person to his or her living arrangement
of choice, with all necessary supports, as soon as possible.

(11) Among other service and support options, planning teams
shall consider the use of paid roommates or neighbors, personal
assistance, technical and financial assistance, and all other service
and support options which would result in greater self-sufficiency
for the consumer and cost-effectiveness to the state.

(12) When facilitation as specified in an individual program
plan requires the services of an individual, the facilitator shall be
of the consumer’s choosing.

(13) The community support may be provided to assist
individuals with developmental disabilities to fully participate in
community and civic life, including, but not limited to, programs,
services, work opportunities, business, and activities available to
persons without disabilities. This facilitation shall include, but not
be limited to, any of the following:

(A) Outreach and education to programs and services within
the community.

(B) Direct support to individuals which would enable them to
more fully participate in their community.

(C) Developing unpaid natural supports when possible.

(14) When feasible and recommended by the individual program
planning team, for purposes of facilitating better and cost-effective
services for consumers or family members, technology, including
telecommunication technology, may be used in conjunction with
other services and supports. Technology in lieu of a consumer’s
in-person appearances at judicial proceedings or administrative
due process hearings may be used only if the consumer or, when
appropriate, the consumer’s parent, legal guardian, conservator,
or authorized representative, gives informed consent. Technology
may be used in lieu of, or in conjunction with, in-person training
for providers, as appropriate.

(15) Other services and supports may be provided as set forth
in Sections 4685, 4686, 4687, 4688, and 4689, when necessary.

(16) Notwithstanding any other provision of law or regulation
to the contrary, effective July 1, 2009, regional centers shall not
purchase experimental treatments, therapeutic services, or devices
that have not been clinically determined or scientifically proven
to be effective or safe or for which risks and complications are
unknown. Experimental treatments or therapeutic services include
experimental medical or nutritional therapy when the use of the
product for that purpose is not a general physician practice. For
regional center consumers receiving these services as part of their
individual program plan (IPP) or individualized family service
plan (IFSP) on July 1, 2009, this prohibition shall apply on August
1, 2009.

(b) (1) Advocacy for, and protection of, the civil, legal, and
service rights of persons with developmental disabilities as
established in this division.

(2) Whenever the advocacy efforts of a regional center to secure
or protect the civil, legal, or service rights of any of its consumers
prove ineffective, the regional center or the person with
developmental disabilities or his or her parents, legal guardian, or
other representative may request the area board to initiate action
under the provisions defining area board advocacy functions
established in this division.

(c) The regional center may assist consumers and families
directly, or through a provider, in identifying and building circles
of support within the community.

(d) In order to increase the quality of community services and
protect consumers, the regional center shall, when appropriate,
take either of the following actions:

(1) Identify services and supports that are ineffective or of poor
quality and provide or secure consultation, training, or technical
assistance services for any agency or individual provider to assist
that agency or individual provider in upgrading the quality of
services or supports.

(2) Identify providers of services or supports that may not be
in compliance with local, state, and federal statutes and regulations
and notify the appropriate licensing or regulatory authority, or
request the area board to investigate the possible noncompliance.

(e) When necessary to expand the availability of needed services
of good quality, a regional center may take actions that include,
but are not limited to, the following:

(1) Soliciting an individual or agency by requests for proposals
or other means, to provide needed services or supports not presently
available.

(2) Requesting funds from the Program Development Fund,
pursuant to Section 4677, or community placement plan funds
designated from that fund, to reimburse the startup costs needed
to initiate a new program of services and supports.

(3) Using creative and innovative service delivery models,
including, but not limited to, natural supports.

(f) Except in emergency situations, a regional center shall not
provide direct treatment and therapeutic services, but shall utilize
appropriate public and private community agencies and service
providers to obtain those services for its consumers.

(g) Where there are identified gaps in the system of services
and supports or where there are identified consumers for whom
no provider will provide services and supports contained in his or
her individual program plan, the department may provide the
services and supports directly.

(h) At least annually, regional centers shall provide the
consumer, his or her parents, legal guardian, conservator, or
authorized representative a statement of services and supports the
regional center purchased for the purpose of ensuring that they are
delivered. The statement shall include the type, unit, month, and
cost of services and supports purchased.

begin insert

begin insert SEC. 6. end insert   

end insert

begin insert Section 4648.01 is added to the end insert begin insert Welfare and Institutions
Code end insert begin insert , end insert immediately following Section 4648 begin insert , to read: end insert

begin insert

begin insert 4648.01. end insert   

(a) Notwithstanding the prohibition on placements
longer than 180 days contained in clause (ii) of subparagraph (C)
of paragraph (9) of subdivision (a) of Section 4648, a consumer
who is under 21 years of age may be placed in an institution for
mental disease, as described in Part 5 (commencing with Section
5900) of Division 5, for a period that exceeds 180 days if all of
the following conditions are satisfied prior to the end of the
180-day period or, if the consumer is placed in the institution prior
to July 1, 2013, if the conditions are satisfied within 30 days of
the consumer’s placement reaching 180 days or by July 31, 2013,
whichever is later:

(1) The regional center has conducted an updated
comprehensive assessment and based on that assessment the
individual program planning team determines that due to the
nature and extent of the consumer’s disability, he or she requires
the services provided at the institution for mental disease and there
is no less restrictive setting currently available for the consumer.

(2) The individual program planning team has developed a plan
that identifies the specific services and supports necessary to
transition the consumer into the community, and the plan includes
a timeline to obtain or develop those services and supports.

(b) A consumer described in this section shall not be placed in
an institution for mental disease for a period that exceeds one year
unless the regional center demonstrates significant progress toward
implementing the plan to transition the consumer into the
community, as required by paragraph (2) of subdivision (a), and
extraordinary circumstances that are beyond the regional center’s
control have prevented the regional center from obtaining
necessary services and supports within the timeline established in
the plan. In this case, the regional center may request, and the
department may approve, an additional extension of the placement
for a period not to exceed 30 days.

(c) In addition to the notifications required by clause (iv) of
subparagraph (C) of paragraph (9) of subdivision (a) of Section
4648, the clients’ rights advocate for the regional center shall be
notified of the proposed extension described in subdivision (b) and
the individual program plan meeting to consider the extension,
and may participate in the individual program plan meeting unless
the consumer objects on his or her own behalf.

(d) The department and regional centers shall work together to
identify services and supports needed to serve individuals under
21 years of age with both developmental and mental health
disabilities, facilitate the development of a community-based
statewide network of crisis stabilization resources for children,
and, if appropriate, target the use of community placement plan
funds for these consumers.

(e) This section shall become inoperative on July 1, 2014, and
as of January 1, 2015, is repealed, unless a later enacted statute
that is enacted before January 1, 2015, deletes or extends the dates
on which it comes inoperative and is repealed.

end insert

begin insert

begin insert SEC. 7. end insert   

end insert

begin insert Section 4659.1 is added to the end insert begin insert Welfare and Institutions
Code end insert begin insert , to read: end insert

begin insert

begin insert 4659.1. end insert   

(a) If a service or support provided pursuant to a
consumer’s individual program plan under this division or
individualized family service plan pursuant to the California Early
Intervention Services Act (Title 14 (commencing with Section
95000) of the Government Code) is paid for, in whole or in part,
by the health care service plan or health insurance policy of the
consumer’s parent, guardian, or caregiver, the regional center
may, when necessary to ensure that the consumer receives the
service or support, pay any applicable copayment or coinsurance
associated with the service or support for which the parent,
guardian, or caregiver is responsible if all of the following
conditions are met:

(1) The consumer is covered by his or her parent’s, guardian’s,
or caregiver’s health care service plan or health insurance policy.

(2) The family has an annual gross income that does not exceed
400 percent of the federal poverty level.

(3) There is no other third party having liability for the cost of
the service or support, as provided in subdivision (a) of Section
4659 and Article 2.6 (commencing with Section 4659.10).

(b) If a service or support provided to a consumer 18 years of
age or older, pursuant to his or her individual program plan, is
paid for in whole or in part by the consumer’s health care service
plan or health insurance policy, the regional center may, when
necessary to ensure that the consumer receives the service or
support, pay any applicable copayment or coinsurance associated
with the service or support for which the consumer is responsible
if both of the following conditions are met:

(1) The consumer has an annual gross income that does not
exceed 400 percent of the federal poverty level.

(2) There is no other third party having liability for the cost of
the service or support, as provided in subdivision (a) of Section
4659 and Article 2.6 (commencing with Section 4659.10).

(c) Notwithstanding paragraph (2) of subdivision (a) or
paragraph (1) of subdivision (b), a regional center may pay a
copayment or coinsurance associated with the health care service
plan or health insurance policy for a service or support provided
pursuant to a consumer’s individual program plan or
individualized family service plan if the family’s or consumer’s
income exceeds 400 percent of the federal poverty level, the service
or support is necessary to successfully maintain the child at home
or the adult consumer in the least-restrictive setting, and the
parents or consumer demonstrate one or more of the following:

(1) The existence of an extraordinary event that impacts the
ability of the parent, guardian, or caregiver to meet the care and
supervision needs of the child or impacts the ability of the parent,
guardian, or caregiver, or adult consumer with a health care
service plan or health insurance policy, to pay the copayment or
coinsurance.

(2) The existence of catastrophic loss that temporarily limits
the ability to pay of the parent, guardian, or caregiver, or adult
consumer with a health care service plan or health insurance
policy and creates a direct economic impact on the family or adult
consumer. For purposes of this paragraph, catastrophic loss may
include, but is not limited to, natural disasters and accidents
involving major injuries to an immediate family member.

(3) Significant unreimbursed medical costs associated with the
care of the consumer or another child who is also a regional center
consumer.

(d) The parent, guardian, or caregiver of a consumer or an
adult consumer with a health care service plan or health insurance
policy shall self-certify the family’s gross annual income to the
regional center by providing copies of W-2 Wage Earners
Statements, payroll stubs, a copy of the prior year’s state income
tax return, or other documents and proof of other income.

(e) The parent, guardian, or caregiver of a consumer or an
adult consumer with a health care service plan or health insurance
policy is responsible for notifying the regional center when a
change in income occurs that would result in a change in eligibility
for coverage of the health care service plan or health insurance
policy copayments or coinsurance.

(f) Documentation submitted pursuant to this section shall be
considered records obtained in the course of providing intake,
assessment, and services and shall be confidential pursuant to
Section 4514.

(g) Regional centers shall not pay health care service plan or
health insurance policy deductibles.

(h) This section shall not be implemented in a manner that is
inconsistent with the requirements of Part C of the federal
Individuals with Disabilities Education Act (20 U.S.C. Sec. 1431
et seq.).

end insert

begin insert

begin insert SEC. 8. end insert   

end insert

begin insert Section 4785 of the end insert begin insert Welfare and Institutions Code end insert begin insert is
amended to read: end insert

4785.  

(a) (1) Effective July 1, 2011, a regional center shall
assess an annual family program fee, as described in subdivision
(b), from parents whose adjusted gross family income is at or above
400 percent of the federal poverty level based upon family size
and who have a child to whom all of the following apply:

(A) The child has a developmental disability or is eligible for
services under the California Early Intervention Services Act (Title
14 (commencing with Section 95000) of the Government Code).

(B) The child is less than 18 years of age.

(C) The child lives with his or her parent.

(D) The child or family receives services beyond eligibility
determination, needs assessment, and service coordination.

(E) The child does not receive services through the Medi-Cal
program.

(2) An annual family program fee shall not be assessed or
collected pursuant to this section if the child receives only respite,
day care, or camping services from the regional center, and a cost
for participation is assessed to the parents under the Family Cost
Participation Program.

(3) The annual family program fee shall be initially assessed
by a regional center at the time of the development, scheduled
review, or modification of the individual program plan (IPP)
pursuant to Sections 4646 and 4646.5, or the individualized family
services plan (IFSP) pursuant to Section 95020 of the Government
Code, but no later than June 30, 2012, and annually thereafter.

(4) Application of this section to children zero through two
years of age, inclusive, shall be contingent upon necessary approval
by the United States Department of Education.

(b) (1) The annual family program fee for parents described in
paragraph (1) of subdivision (a) shall be two hundred dollars ($200)
per family, regardless of the number of children in the family with
developmental disabilities or who are eligible for services under
the California Early Intervention Services Act.

(2) Notwithstanding paragraph (1), parents described in
paragraph (1) of subdivision (a) who demonstrate to the regional
center that their adjusted gross family income is less than 800
percent of the federal poverty level shall be required to pay an
annual family program fee of one hundred fifty dollars ($150) per
family, regardless of the number of children in the family with
developmental disabilities or who are eligible for services under
the California Early Intervention Services Act.

(c) At the time of intake or at the time of development,
scheduled review, or modification of a consumer’s IPP or IFSP,
but no later than June 30, 2012, the regional center shall provide
to parents described in paragraph (1) of subdivision (a) a form and
an envelope for the mailing of the annual family program fee to
the department. The form, which shall include the name of the
children in the family currently being served by a regional center
and their unique client identifiers, shall be sent, with the family’s
annual program fee, to the department.

(d) The department shall notify each regional center at least
quarterly of the annual family program fees collected.

(e) The regional center shall, within 30 days after notification
from the department pursuant to subdivision (d), provide a written
notification to the parents from whom the department has not
received the annual family program fees. Regional centers shall
notify the department if a family receiving notification pursuant
to this section has failed to pay its annual family program fees
based on the subsequent notice pursuant to subdivision (d). For
these families, the department shall pursue collection pursuant to
the Accounts Receivable Management Act (Chapter 4.3
(commencing with Section 16580) of Part 2 of Division 4 of Title
2 of the Government Code).

(f) A regional center may grant an exemption to the assessment
of an annual family program fee if the parents demonstrate any of
the following:

(1) That the exemption is necessary to maintain the child in the
family home.

(2) The existence of an extraordinary event that impacts the
parents’ ability to pay the fee or the parents’ ability to meet the
care and supervision needs of the child.

(3) The existence of a catastrophic loss that temporarily limits
the ability of the parents to pay and creates a direct economic
impact on the family. For purposes of this paragraph, catastrophic
loss may include, but is not limited to, natural disasters, accidents
involving, or major injuries to, an immediate family member, and
extraordinary medical expenses.

(g) Services shall not be delayed or denied for a consumer or
child based upon the lack of payment of the annual family program
fee.

(h) For purposes of this section, “parents” means the parents,
whether natural, adoptive, or both, of a child with developmental
disabilities under 18 years of age.

(i) Parents described in paragraph (1) of subdivision (a) shall
be jointly and severally responsible for the annual family program
fee, unless a court order directs otherwise.

(j) (1) “Total adjusted gross family income” means income
acquired, earned, or received by parents as payment for labor or
services, support, gift, or inheritance, or parents’ return on
investments. It also includes the community property interest of a
parent in the gross adjusted income of a stepparent.

(2) The total adjusted gross family income shall be determined
by adding the gross income of both parents, regardless of whether
they are divorced or legally separated, unless a court order directs
otherwise, or unless the custodial parent certifies in writing that
income information from the noncustodial parent cannot be
obtained from the noncustodial parent and in this circumstance
only the income of the custodial parent shall be used to determine
the annual family program fee.

begin delete end delete begin delete

(k) This section shall become inoperative on June 30, 2013, and
as of January 1, 2014, is repealed, unless a later enacted statute,
that becomes operative on or before June 30, 2013, deletes or
extends the dates on which it becomes inoperative and is repealed.

end delete begin delete end delete

begin insert

begin insert SEC. 9. end insert   

end insert

begin insert Section 4801 of the end insert begin insert Welfare and Institutions Code end insert begin insert is
amended to read: end insert

4801.  

(a) Judicial review shall be in the superior court for the
county in which the state hospital, developmental center,
community care facility, or health facility is located, except that,
if the adult has been found incompetent to stand trial and has been
committed pursuant to Chapter 6 (commencing with Section 1367)
of Title 10 of Part 2 of the Penal Code, judicial review shall be in
the superior court of the county that determined the question of
the mental competence of the defendant. The adult requesting to
be released shall be informed of his or her right to counsel by a
member of the staff of the state hospital, developmental center,
community care facility, or health facility and by the court; and if
he or she does not have an attorney for the proceedings, the court
shall immediately appoint the public defender or other attorney to
assist him or her in the preparation of a petition for the writ of
habeas corpus and to represent him or her in the proceedings. The
person shall pay the costs of those legal services if he or she is
able.

(b) At the time the petition for the writ of habeas corpus is filed
with the court, the clerk of the court shall transmit a copy of the
petition, together with notification as to the time and place of an
evidentiary hearing in the matter, to the parent or conservator of
the person seeking release or for whom release is sought and to
the director begin insert and clients’ rights advocate end insert of the appropriate regional
center. Notice shall also be provided to the director of the
appropriate developmental center if the person seeking release or
for whom release is sought resides in a developmental center. The
notice shall be sent by registered or certified mail with proper
postage prepaid, addressed to the addressee’s last known address,
and with a return receipt requested. begin insert The clients’ rights advocate
of the appropriate regional center may attend any hearing pursuant
to this section to assist in protecting the person’s rights. end insert

(c) The court shall either release the adult or order an evidentiary
hearing to be held not sooner than five judicial days nor more than
10 judicial days after the petition and notice begin delete to the adult’s parent
or conservator and to the director of the appropriate regional center
and developmental center end delete begin insert described in subdivision (b) end insert are deposited
in the United States mail pursuant to this section.

begin insert

(1) If the person seeking release or for whom release is sought
resides in a developmental center or institution for mental disease,
the regional center director or designee shall submit to the court,
the person’s attorney, and all parties required to be noticed
pursuant to subdivision (b) a copy of the most recent completed
assessment required by subdivision (c) of Section 4418.25,
subdivision (e) of Section 4418.7, or paragraph (9) of subdivision
(a) of Section 4648. The regional center shall submit copies of
these assessments within two working days of receiving the notice
required pursuant to subdivision (b).

end insert begin delete

(1)

end delete

begin insert (2) end insert  Except as provided in paragraph begin delete (2), end delete begin insert (3), end insert if the court finds
(A) that the adult requesting release or for whom release is
requested is not developmentally disabled, or (B) that he or she is
developmentally disabled and that he or she is able to provide
safely for his or her basic personal needs for food, shelter, and
clothing, he or she shall be released within 72 hours. If the court
finds that he or she is developmentally disabled and that he or she
is unable to provide safely for his or her basic personal needs for
food, shelter, or clothing, but that a begin delete responsible person end delete begin insert regional
center end insert or a begin delete regional center or end delete begin insert willing responsible person or end insert other
public or private agency is begin delete willing and end delete able to provide begin delete therefor, end delete
begin insert for him or her, end insert the court shall release the developmentally disabled
adult to the responsible begin delete person or end delete begin insert person, end insert regional begin delete center end delete begin insert center, end insert
or other public or private agency, as the case may be, subject to
any conditions that the court deems proper for the welfare of the
developmentally disabled adult and that are consistent with the
purposes of this division.

begin delete

(2)

end delete

begin insert (3) end insert  If the person is charged with a violent felony and has been
committed to his or her current placement pursuant to Section
1370.1 of the Penal Code or Section 6500, and the court finds (A)
that the adult requesting release or for whom release is requested
is not a person with a developmental or intellectual disability, or
(B) that he or she is able to provide safely for his or her basic
personal needs for food, shelter, and clothing, the court shall, before
releasing the person, determine that the release will not pose a
danger to the health or safety of others due to the person’s known
behavior. If the court finds there is no danger pursuant to the
finding required by subparagraph (D) of paragraph (1) of
subdivision (a) of Section 1370.1 of the Penal Code, the person
shall be released within 72 hours. If the person’s release poses a
danger to the health or safety of others, the court may grant or
deny the request, taking into account the danger to the health or
safety of others posed by the person. If the court finds that release
of the person can be made subject to conditions that the court
deems proper for the preservation of public health and safety and
the welfare of the person, the person shall be released subject to
those conditions.

(d) If in a proceeding under this section, the court finds that the
adult is developmentally disabled and has no parent or conservator,
and is in need of a conservator, the court shall order the appropriate
regional center or the state department to initiate, or cause to be
initiated, proceedings for the appointment of a conservator for the
developmentally disabled adult.

(e) This section shall become operative January 1, 1988.

begin insert

begin insert SEC. 10. end insert   

end insert

begin insert Section 4806 is added to the end insert begin insert Welfare and Institutions
Code end insert begin insert , to read: end insert

begin insert

begin insert 4806. end insert   

This chapter shall be construed in a manner that affords
the adult requesting release all rights under Section 4502,
including the right to treatment and habilitation services and
supports in the least restrictive environment, and the federal
Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et
seq.), including the right to receive services in the most integrated
setting appropriate.

end insert

begin insert

begin insert SEC. 11. end insert   

end insert

begin insert Section 6500 of the end insert begin insert Welfare and Institutions Code end insert begin insert is
amended to read: end insert

6500.  

(a) For purposes of this article, the following definitions
shall apply:

(1) “Dangerousness to self or others” shall include, but not be
limited to, a finding of incompetence to stand trial pursuant to the
provisions of Chapter 6 (commencing with Section 1367) of Title
10 of Part 2 of the Penal Code when the defendant has been charged
with murder, mayhem, aggravated mayhem, a violation of Section
207, 209, or 209.5 of the Penal Code in which the victim suffers
intentionally inflicted great bodily injury, robbery perpetrated by
torture or by a person armed with a dangerous or deadly weapon
or in which the victim suffers great bodily injury, carjacking
perpetrated by torture or by a person armed with a dangerous or
deadly weapon or in which the victim suffers great bodily injury,
a violation of subdivision (b) of Section 451 of the Penal Code, a
violation of paragraph (1) or (2) of subdivision (a) of Section 262
or paragraph (2) or (3) of subdivision (a) of Section 261 of the
Penal Code, a violation of Section 288 of the Penal Code, any of
the following acts when committed by force, violence, duress,
menace, fear of immediate and unlawful bodily injury on the victim
or another person: a violation of paragraph (1) or (2) of subdivision
(a) of Section 262 of the Penal Code, a violation of Section 264.1,
286, or 288a of the Penal Code, or a violation of subdivision (a)
of Section 289 of the Penal Code; a violation of Section 459 of
the Penal Code in the first degree, assault with intent to commit
murder, a violation of Section 220 of the Penal Code in which the
victim suffers great bodily injury, a violation of Section 18725,
18740, 18745, 18750, or 18755 of the Penal Code, or if the
defendant has been charged with a felony involving death, great
bodily injury, or an act which poses a serious threat of bodily harm
to another person.

(2) “Developmental disability” shall have the same meaning as
defined in subdivision (a) of Section 4512.

begin insert

(b) (1) A person with a developmental disability may be
committed to the State Department of Developmental Services for
residential placement other than in a state developmental center
or state-operated community facility, as provided in subdivision
(a) of Section 6509, if he or she is found to be a danger to himself,
herself, or others.

end insert begin insert

(A) Any order of commitment made pursuant to this paragraph
shall expire automatically one year after the order of commitment
is made.

end insert begin insert

(B) This paragraph shall not be construed to prohibit any party
enumerated in Section 6502 from filing subsequent petitions for
additional periods of commitment. In the event subsequent petitions
are filed, the procedures followed shall be the same as with the
initial petition for commitment.

end insert begin delete

(b) (1)

end delete

begin insert (2) end insert  A person with a developmental disability shall not be
committed to the State Department of Developmental Services begin insert for
placement in a state developmental center or state-operated
community facility end insert pursuant to this article unless he or she begin delete is end delete begin insert meets
the criteria for admission to end insert a begin delete person described in end delete begin insert developmental
center pursuant to end insert paragraph (2) or (3) of subdivision (a) of Section
7505 and is dangerous to self or others or begin delete the person end delete begin insert he or she end insert
currently is a resident of a state developmental center or
state-operated community facility pursuant to an order of
commitment made pursuant to this article prior to July 1, 2012,
and is being recommitted pursuant to paragraph begin delete (3) end delete begin insert (4) end insert of this
subdivision.

begin delete

(2)

end delete

begin insert (3) end insert  If the person with a developmental disability is in the care
or treatment of a state hospital, developmental center, or other
facility at the time a petition for commitment is filed pursuant to
this article, proof of a recent overt act while in the care and
treatment of a state hospital, developmental center, or other facility
is not required in order to find that the person is a danger to self
or others.

begin delete

(3)

end delete

begin insert (4) end insert  In the event subsequent petitions are filed with respect to a
resident of a state developmental center or a state-operated
community facility committed prior to July 1, 2012, the procedures
followed and criteria for recommitment shall be the same as with
the initial petition for commitment.

begin delete

(4)

end delete

begin insert (5) end insert  In any proceedings conducted under the authority of this
article, the person alleged to have a developmental disability shall
be informed of his or her right to counsel by the court, and if the
person does not have an attorney for the proceedings, the court
shall immediately appoint the public defender or other attorney to
represent him or her. The person shall pay the cost for the legal
services if he or she is able to do so. At any judicial proceeding
under the provisions of this article, allegations that a person has a
developmental disability and is dangerous to himself or herself or
to others shall be presented by the district attorney for the county
unless the board of supervisors, by ordinance or resolution,
delegates this authority to the county counsel. The clients’ rights
advocate for the regional center may attend any judicial
proceedings to assist in protecting the individual’s rights.

(c) (1) Any order of commitment made pursuant to this article
with respect to a person described in paragraph (3) of subdivision
(a) of Section 7505 shall expire automatically one year after the
order of commitment is made. This section shall not be construed
to prohibit any party enumerated in Section 6502 from filing
subsequent petitions for additional periods of commitment. In the
event subsequent petitions are filed, the procedures followed shall
be the same as with an initial petition for commitment.

(2) Any order of commitment made pursuant to this article on
or after July 1, 2012, with respect to the admission to a
developmental center of a person described in paragraph (2) of
subdivision (a) of Section 7505 shall expire automatically six
months after the earlier of the order of commitment pursuant to
this section or the order of a placement in a developmental center
pursuant to Section 6506, unless the regional center, prior to the
expiration of the order of commitment, notifies the court in writing
of the need for an extension. The required notice shall state facts
demonstrating that the individual continues to be in acute crisis as
defined in paragraph (1) of subdivision (d) of Section 4418.7 and
the justification for the requested extension, and shall be
accompanied by the comprehensive assessment and plan described
in subdivision (e) of Section 4418.7. An order granting an extension
shall not extend the total period of commitment beyond one year,
including any placement in a developmental center pursuant to
Section 6506. If, prior to expiration of one year, the regional center
notifies the court in writing of facts demonstrating that, due to
circumstances beyond the regional center’s control, the placement
cannot be made prior to expiration of the extension, and the court
determines that good cause exists, the court may grant one further
extension of up to 30 days. The court may also issue any orders
the court deems appropriate to ensure that necessary steps are taken
to ensure that the individual can be safely and appropriately
transitioned to the community in a timely manner. The required
notice shall state facts demonstrating that the regional center has
made significant progress implementing the plan described in
subdivision (e) of Section 4418.7 and that extraordinary
circumstances exist beyond the regional center’s control that have
prevented the plan’s implementation. Nothing in this paragraph
precludes the individual or any person acting on his or her behalf
from making a request for release pursuant to Section 4800, or
counsel for the individual from filing a petition for habeas corpus
pursuant to Section 4801. Notwithstanding subdivision (a) of
Section 4801, for purposes of this paragraph, judicial review shall
be in the superior court of the county that issued the order of
commitment pursuant to this section.

begin insert

begin insert SEC. 12. end insert   

end insert

begin insert Section 6509 of the end insert begin insert Welfare and Institutions Code end insert begin insert is
amended to read: end insert

6509.  

(a)   If the court finds that the person has a
developmental disability, begin delete and that he or she is a person described
in paragraph (2) or (3) of subdivision (a) of Section 7505 end delete and is a
danger to himself, herself, or to others, the court may make an
order that the person be committed to the State Department of
Developmental Services for suitable treatment and habilitation
services. Suitable treatment and habilitation services is defined as
the least restrictive residential placement necessary to achieve the
purposes of treatment. Care and treatment of a person committed
to the State Department of Developmental Services may include
placement in begin insert any of the following: end insert

begin insert (1) end insert begin insert   end insert begin insert Any licensed community care facility, as defined in Section
1504, or any health facility, as defined in Section 1250, other than
a developmental center or state-operated facility. end insert

begin insert (2) end insert begin insert   end insert Fairview Developmental Center if the person begin delete is an individual
described in end delete begin insert meets the criteria for admission pursuant to end insert paragraph
(2) of subdivision (a) of Section begin delete 7505, the end delete begin insert 7505. end insert

begin insert (3) end insert begin insert   end insert begin insert The end insert secure treatment program at Porterville Developmental
Center if the person begin delete is an individual described in end delete begin insert meets the criteria
for admission pursuant to end insert paragraph (3) of subdivision (a) of
Section begin delete 7505, any licensed community care facility, as defined in
Section 1504, or any health facility, as defined in Section 1250,
or any end delete begin insert 7505. end insert

begin insert (4) end insert begin insert   end insert begin insert Any end insert other appropriate placement permitted by law.

begin delete

The

end delete

begin insert (b) end insert begin insert   end insert begin insert (1) end insert begin insert   end insert begin insert The end insert court shall hold a hearing as to the available
placement alternatives and consider the reports of the regional
center director or designee and the developmental center director
or designee submitted pursuant to Section 6504.5. After hearing
all the evidence, the court shall order that the person be committed
to that placement that the court finds to be the most appropriate
and least restrictive alternative. If the court finds that release of
the person can be made subject to conditions that the court deems
proper and adequate for the protection and safety of others and the
welfare of the person, the person shall be released subject to those
conditions.

begin delete

The

end delete

begin insert (2) end insert begin insert   end insert begin insert The end insert court, however, may commit a person with a
developmental disability who is not a resident of this state under
Section 4460 for the purpose of transportation of the person to the
state of his or her legal residence pursuant to Section 4461. The
State Department of Developmental Services shall receive the
person committed to it and shall place the person in the placement
ordered by the court.

begin delete

(b)

end delete

begin insert (c) end insert  If the person has at any time been found mentally
incompetent pursuant to Chapter 6 (commencing with Section
1367) of Title 10 of Part 2 of the Penal Code arising out of a
complaint charging a felony offense specified in Section 290 of
the Penal Code, the court shall order the State Department of
Developmental Services to give notice of that finding to the
designated placement facility and the appropriate law enforcement
agency or agencies having local jurisdiction at the site of the
placement facility.

begin delete

(c)

end delete

begin insert (d) end insert  If the Department of Developmental Services decides that
a change in placement is necessary, it shall notify in writing the
court of commitment, the district attorney, and the attorney of
record for the person and the regional center of its decision at least
15 days in advance of the proposed change in placement. The court
may hold a hearing and (1) approve or disapprove of the change,
or (2) take no action in which case the change shall be deemed
approved. At the request of the district attorney or of the attorney
for the person, a hearing shall be held.

begin insert

begin insert SEC. 13. end insert   

end insert begin insert

The State Department of Developmental Services
shall, pursuant to the closure plan developed in accordance with
Section 4474.1 of the Welfare and Institutions Code, complete
closure of the Lanterman Developmental Center by the fall of
2014, and no later than December 31, 2014.

end insert

begin insert

begin insert SEC. 14. end insert   

end insert begin insert

(a) The California Health and Human Services
Agency shall, on or before November 15, 2013, submit to the
appropriate policy and fiscal committees of the Legislature a
master plan for the future of developmental centers. In the
preparation of this plan, the agency shall consult with a
cross-section of consumers, family members, regional centers,
consumer advocates, community service providers, organized
labor, the State Department of Developmental Services, and
representatives of the Legislature.

end insert begin insert

(b) The California Health and Human Services Agency shall,
on or before January 10, 2014, submit to the appropriate policy
and fiscal committees of the Legislature a report regarding the
agency’s plans to address the service needs of all developmental
center residents, the fiscal and budget implications of the declining
developmental center population and the aging infrastructure,
staffing, and resource constraints, the availability of community
resources to meet the specialized needs of residents now living in
the developmental centers, a timeline for future closures, and the
statutory and regulatory changes that may be needed to ensure
the delivery of cost-effective, integrated, quality services for this
population.

end insert

begin insert

begin insert SEC. 15. end insert   

end insert begin insert

If the Commission on State Mandates determines
that this act contains costs mandated by the state, reimbursement
to local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.

end insert

begin insert

begin insert SEC. 16. end insert   

end insert begin insert

Notwithstanding any other law, the period to liquidate
encumbrances of the amount appropriated in Item 4300-003-0001
of Section 2.00 of the Budget Act of 2010 (Chapter 712, Statutes
of 2010) is extended by one year to June 30, 2014.

end insert

begin insert

begin insert SEC. 17. end insert   

end insert begin insert

This act is a bill providing for appropriations related
to the Budget Bill within the meaning of subdivision (e) of Section
12 of Article IV of the California Constitution, has been identified
as related to the budget in the Budget Bill, and shall take effect
immediately.

end insert

begin delete

SECTION 1.  

It is the intent of the Legislature to enact statutory
changes relating to the Budget Act of 2013.

end delete