Amended in Assembly April 18, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 1089

Introduced by Assembly Member Ian Calderon

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(Coauthors: Assembly Members Brown, Ting, and Wilk)

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February 22, 2013

An act to add Section 56426.10 to the Education Code, to amend Section 95014 of the Government Code, begin delete to amend Sections 123105 and 123110 of the Health and Safety Code, end delete and to amend Sections begin delete 4643.5 and 4726 end delete begin insert 4514 and 4643.5 end insert of the Welfare and Institutions Code, relating to foster care.

LEGISLATIVE COUNSEL’S DIGEST

AB 1089, as amended, Ian Calderon. Foster care.

The Lanterman Developmental Disabilities Services Act authorizes the State Department of Developmental Services to contract with regional centers to provide services and support to individuals with developmental disabilities and their families. The services and supports to be provided to a regional center consumer are contained in an individual program plan or individualized family service plan developed in accordance with prescribed requirements.

Existing law also provides that if a consumer is or has been determined to be eligible for services by a regional center, he or she shall also be considered eligible by any other regional center if he or she has moved to another location within the state. In addition, existing law provides that whenever a consumer transfers from one regional center catchment area to another, the level and types of services and supports specified in the consumer’s individual program plan shall be authorized and secured, as specified.

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Existing law requires a regional center that receives state funds to provide services to persons with disabilities to provide a fair hearing procedure, as specified, for resolving conflicts between the regional center and recipients of, or applicants for, service. Existing law generally provides that regional center records are confidential. Existing law requires, however, that a recipient or an applicant, including his or her parents or authorized representatives, as specified, have access to the recipient’s or applicant’s records that are maintained by the regional center for purposes of the provisions governing fair hearing procedures. Any person who willfully and knowingly violates the requirement governing access to records is guilty of a misdemeanor.

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Existing law also requires an early education program provided by a local education agency to include services specially designed to meet the unique needs of children with exceptional needs from birth to 3 years of age and their families.

This bill would specify the transfer procedures that would apply when children who begin delete are under 3 years of age who are receiving specified benefits end delete begin insert have an order for foster care, are awaiting foster care placement, or are placed in out-of-home care, and other consumers of regional center services and supports, end insert transfer between regional centers or local education agencies, or from a local education agency to a catchment begin delete agency end delete begin insert area end insert where there are no services, as specified. Among other things, the bill would provide that begin delete a child end delete begin insert these consumers end insert shall have the right to receive comparable early intervention services from the new catchment area’s regional center, regardless of whether the begin delete child end delete begin insert person end insert has been deemed eligible for provision of and payment for early intervention services through the regional center. begin insert The bill would require the sending regional center to notify the receiving regional center of the relocation, as specified. end insert By imposing begin insert new duties and end insert a higher level of service on local entities, the bill would impose a state-mandated local program.

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The bill would also provide that regional center consumers would be entitled to a complete copy of their records, at no charge, upon written request and proof that the records are needed to support an appeal regarding eligibility for a public benefit program. Because a violation of the provisions governing a consumer’s access to regional center records is a crime, the bill would revise the scope and definition of a crime, thereby imposing a state-mandated local program.

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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.

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This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.

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With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

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Existing law generally provides that information and records obtained in the course of providing intake, assessment, and services to persons with developmental disabilities are confidential. Existing law authorizes the release of the information and records to specified persons and entities.

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This bill would provide that a consumer of regional services, or an infant or toddler receiving early intervention services, who meets specified criteria is entitled to a complete copy, at no charge, of his or her regional center records upon presenting to the regional center a written request stating that the records are needed to support an application or appeal regarding eligibility for a public benefit program. The bill would also authorize the release of the information and records to a person appointed as the education rights holder for an infant or toddler who is eligible to receive services.

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The bill would include a statement of legislative findings and declarations.

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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.

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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.

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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

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

SECTION 1.  

The Legislature finds and declares the following:

(a) Children in foster care are at increased risk for serious
developmental delays and disabilities as a result of abuse, neglect,
and prenatal exposure to drugs.

(b) Timely and consistent provision of quality remediation and
therapeutic services for children with developmental delays and
disabilities, such as those provided by California’s regional centers,
have been shown to greatly improve outcomes for these children.
Unfortunately, children in foster care are at increased risk for a
disruption in services due to frequent placement changes. These
disruptions cause dramatic set-backs in a child’s development and
well-being.

(c) It is imperative that children in foster care be protected from
interruptions in their begin delete regional center end delete begin insert developmental end insert services, and
thus, a clear set of timelines for the transfer process from one
regional begin delete center end delete begin insert center’s catchment area end insert to begin delete another end delete begin insert another’s end insert is
needed.

SEC. 2.  

Section 56426.10 is added to the Education Code, to
read:

56426.10.  

(a) The transfer procedures and begin delete timeline end delete begin insert timelines, end insert
as provided under subdivision (d) of Section 4643.5 of the Welfare
and Institutions Code begin insert , end insert shall apply if either of the following apply
to a child:

(1) If all of the following apply to a child:

(A) The child is under three years of age.

(B) The child has solely low-incidence disabilities.

(C) The child is receiving services under this part.

(D) The child has begin insert (i) end insert an order for foster care begin delete placement or end delete
begin insert placement, (ii) end insert is awaiting foster care placement, or begin insert (iii) end insert is begin delete receiving
Aid to Families with Dependent Children-Foster Care (AFDC-FC),
Kinship Guardianship Assistance Payments (Kin-GAP), or
Adoption Assistance Program (AAP) benefits. end delete begin insert placed in
out-of-home care through voluntary placement as defined in
subdivision (o) of Section 11400 of the Welfare and Institutions
Code. end insert

(E) The child transfers between local education agencies.

(2) If an infant or toddler begin delete has an order for foster care placement
or is awaiting foster care placement, or is receiving AFDC-FC,
Kin-GAP, or AAP benefits, and end delete begin insert described in subparagraphs (A)
to (D), inclusive, of paragraph (1) end insert transfers from a local education
agency to a catchment area where there are no services available
for the infant or toddler through the local education agency.

(b)  begin delete A end delete begin insert Pursuant to subdivision (d) of Section 4643.5 of the
Welfare and Institutions Code, pending the development of a new
individualized family service plan, a end insert child described in paragraph
(2) of subdivision (a) shall have the right to receive comparable
early intervention services begin insert according to his or her current end insert
begin insert individualized end insert begin insert family end insert begin insert service end insert begin insert plan end insert from the new catchment area’s
regional center, regardless of whether the child has been deemed
eligible for provision of and payment for early intervention services
through the regional center.

SEC. 3.  

Section 95014 of the Government Code is amended
to read:

95014.  

(a) The term “eligible infant or toddler” for the
purposes of this title means infants and toddlers from birth through
two years of age, for whom a need for early intervention services,
as specified in the federal Individuals with Disabilities Education
Act (20 U.S.C. Sec. 1431 et seq.) and applicable regulations, is
documented by means of assessment and evaluation as required
in Sections 95016 and 95018 and who meet one of the following
criteria:

(1) Infants and toddlers with a developmental delay in one or
more of the following five areas: cognitive development; physical
and motor development, including vision and hearing;
communication development; social or emotional development;
or adaptive development. Developmentally delayed infants and
toddlers are those who are determined to have a significant
difference between the expected level of development for their
age and their current level of functioning. This determination shall
be made by qualified personnel who are recognized by, or part of,
a multidisciplinary team, including the parents. A significant
difference is defined as a 33-percent delay in one developmental
area before 24 months of age, or, at 24 months of age or older,
either a delay of 50 percent in one developmental area or a
33-percent delay in two or more developmental areas. The age for
use in determination of eligibility for the Early Intervention
Program shall be the age of the infant or toddler on the date of the
initial referral to the Early Intervention Program.

(2) Infants and toddlers with established risk conditions, who
are infants and toddlers with conditions of known etiology or
conditions with established harmful developmental consequences.
The conditions shall be diagnosed by a qualified personnel
recognized by, or part of, a multidisciplinary team, including the
parents. The condition shall be certified as having a high
probability of leading to developmental delay if the delay is not
evident at the time of diagnosis.

(b) Regional centers and local educational agencies shall be
responsible for ensuring that eligible infants and toddlers are served
as follows:

(1) The State Department of Developmental Services and
regional centers shall be responsible for the provision of
appropriate early intervention services that are required for
California’s participation in Part C of the federal Individuals with
Disabilities Education Act (20 U.S.C. Sec. 1431 et seq.) for all
infants eligible under Section 95014, except for those infants with
solely a visual, hearing, or severe orthopedic impairment, or any
combination of those impairments, who meet the criteria in
Sections 56026 and 56026.5 of the Education Code, and in Section
3030(a), (b), (d), or (e) of, and Section 3031 of, Title 5 of the
California Code of Regulations.

(2) The State Department of Education and local educational
agencies shall be responsible for the provision of appropriate early
intervention services in accordance with Part C of the federal
Individuals with Disabilities Education Act (20 U.S.C. Sec. 1431
et seq.) for infants with solely a visual, hearing, or severe
orthopedic impairment, or any combination of those impairments,
who meet the criteria in Sections 56026 and 56026.5 of the
Education Code, and in Section 3030(a), (b), (d), or (e) of, and
Section 3031 of, Title 5 of the California Code of Regulations,
and who are not eligible for services under the Lanterman
Developmental Disabilities Services Act (Division 4.5
(commencing with Section 4500) of the Welfare and Institutions
Code).

(3) (A) The transfer procedures and begin delete timeline end delete begin insert timelines, end insert as
provided under subdivision (d) of Section 4643.5 of the Welfare
and Institutions Code begin insert , end insert shall apply if either of the following begin delete apply end delete
begin insert circumstances pertaining end insert to an eligible infant or toddler begin insert are
present end insert :

(i) The child (I) has an order for foster care placement begin delete or end delete begin insert , end insert is
awaiting foster care placement, or is begin delete receiving Aid to Families
with Dependent Children-Foster Care (AFDC-FC), Kinship
Guardianship Assistance Payments (Kin-GAP), or Adoption
Assistance Program (AAP) benefits end delete begin insert placed in out-of-home care
through voluntary placement as defined in subdivision (o) of
Section 11400 of the Welfare and Institutions Code end insert , and (II)
transfers between regional centers or local education agencies.

(ii) The child (I) has an order for foster care placement begin delete or end delete begin insert , end insert is
awaiting foster care placement, or is begin delete receiving AFDC-FC,
Kin-GAP, or AAP benefits end delete begin insert placed in out-of-home care through
voluntary placement as defined in subdivision (o) of Section 11400
of the Welfare and Institutions Code end insert , and (II) transfers from a local
education agency to a catchment area where there are no services
available for the infant or toddler through the begin insert new end insert local education
agency.

(B) A child described in clause (ii) of subparagraph (A) shall
have the right to receive comparable early intervention services
from the new catchment area’s regional center, regardless of
whether the child has been deemed eligible for provision of and
payment for early intervention services through the regional center.

(c) For infants and toddlers and their families who are eligible
to receive services from both a regional center and a local
educational agency, the regional center shall be the agency
responsible for providing or purchasing appropriate early
intervention services that are beyond the mandated responsibilities
of local educational agencies and that are required for California’s
participation in Part C of the federal Individuals with Disabilities
Education Act (20 U.S.C. Sec. 1431 et seq.). The local educational
agency shall provide special education services up to its funded
program capacity as established annually by the State Department
of Education in consultation with the State Department of
Developmental Services and the Department of Finance.

(d) No agency or multidisciplinary team, including any agency
listed in Section 95012, shall presume or determine eligibility,
including eligibility for medical services, for any other agency.
However, regional centers and local educational agencies shall
coordinate intake, evaluation, assessment, and individualized
family service plans for infants and toddlers and their families who
are served by an agency.

(e) Upon termination of the program pursuant to Section 95003,
the State Department of Developmental Services shall be
responsible for the payment of services pursuant to this title.

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SEC. 4.  

Section 123105 of the Health and Safety Code is
amended to read:

123105.  

As used in this chapter:

(a) “Health care provider” means any of the following:

(1) A health facility licensed pursuant to Chapter 2 (commencing
with Section 1250) of Division 2.

(2) A clinic licensed pursuant to Chapter 1 (commencing with
Section 1200) of Division 2.

(3) A home health agency licensed pursuant to Chapter 8
(commencing with Section 1725) of Division 2.

(4) A physician and surgeon licensed pursuant to Chapter 5
(commencing with Section 2000) of Division 2 of the Business
and Professions Code or pursuant to the Osteopathic Act.

(5) A podiatrist licensed pursuant to Article 22 (commencing
with Section 2460) of Chapter 5 of Division 2 of the Business and
Professions Code.

(6) A dentist licensed pursuant to Chapter 4 (commencing with
Section 1600) of Division 2 of the Business and Professions Code.

(7) A psychologist licensed pursuant to Chapter 6.6
(commencing with Section 2900) of Division 2 of the Business
and Professions Code.

(8) An optometrist licensed pursuant to Chapter 7 (commencing
with Section 3000) of Division 2 of the Business and Professions
Code.

(9) A chiropractor licensed pursuant to the Chiropractic Initiative
Act.

(10) A marriage and family therapist licensed pursuant to
Chapter 13 (commencing with Section 4980) of Division 2 of the
Business and Professions Code.

(11) A clinical social worker licensed pursuant to Chapter 14
(commencing with Section 4991) of Division 2 of the Business
and Professions Code.

(12) A physical therapist licensed pursuant to Chapter 5.7
(commencing with Section 2600) of Division 2 of the Business
and Professions Code.

(13) An occupational therapist licensed pursuant to Chapter 5.6
(commencing with Section 2570).

(14) A professional clinical counselor licensed pursuant to
Chapter 16 (commencing with Section 4999.10) of Division 2 of
the Business and Professions Code.

(15) A nonprofit regional center corporation which is contracted
with the Department of Developmental Services pursuant to
Chapter 5 (commencing with Section 4620) of Division 4.5 of the
Welfare and Institutions Code.

(b) “Mental health records” means patient records, or discrete
portions thereof, specifically relating to evaluation or treatment of
a mental disorder. “Mental health records” includes, but is not
limited to, all alcohol and drug abuse records.

(c) “Patient” means a patient or former patient of a health care
provider.

(d) “Patient records” means records in any form or medium
maintained by, or in the custody or control of, a health care
provider relating to the health history, diagnosis, or condition of
a patient, or relating to treatment provided or proposed to be
provided to the patient. “Patient records” includes only records
pertaining to the patient requesting the records or whose
representative requests the records. “Patient records” does not
include information given in confidence to a health care provider
by a person other than another health care provider or the patient,
and that material may be removed from any records prior to
inspection or copying under Section 123110 or 123115. “Patient
records” does not include information contained in aggregate form,
such as indices, registers, or logs.

(e) “Patient’s representative” or “representative” means any of
the following:

(1) A parent or guardian of a minor who is a patient.

(2) The guardian or conservator of the person of an adult patient.

(3) An agent as defined in Section 4607 of the Probate Code,
to the extent necessary for the agent to fulfill his or her duties as
set forth in Division 4.7 (commencing with Section 4600) of the
Probate Code.

(4) The beneficiary as defined in Section 24 of the Probate Code
or personal representative as defined in Section 58 of the Probate
Code, of a deceased patient.

(f) “Alcohol and drug abuse records” means patient records, or
discrete portions thereof, specifically relating to evaluation and
treatment of alcoholism or drug abuse.

SEC. 5.  

Section 123110 of the Health and Safety Code is amended
to read:

123110.  

(a) Notwithstanding Section 5328 of the Welfare and
Institutions Code, and except as provided in Sections 123115 and
123120, any adult patient of a health care provider, any minor
patient authorized by law to consent to medical treatment, and any
patient representative shall be entitled to inspect patient records
upon presenting to the health care provider a written request for
those records and upon payment of reasonable clerical costs
incurred in locating and making the records available. However,
a patient who is a minor shall be entitled to inspect patient records
pertaining only to health care of a type for which the minor is
lawfully authorized to consent. A health care provider shall permit
this inspection during business hours within five working days
after receipt of the written request. The inspection shall be
conducted by the patient or patient’s representative requesting the
inspection, who may be accompanied by one other person of his
or her choosing.

(b) Additionally, any patient or patient’s representative shall be
entitled to copies of all or any portion of the patient records that
he or she has a right to inspect, upon presenting a written request
to the health care provider specifying the records to be copied,
together with a fee to defray the cost of copying, that shall not
exceed twenty-five cents ($0.25) per page or fifty cents ($0.50)
per page for records that are copied from microfilm and any
additional reasonable clerical costs incurred in making the records
available. The health care provider shall ensure that the copies are
transmitted within 15 days after receiving the written request.

(c) Copies of X-rays or tracings derived from
electrocardiography, electroencephalography, or electromyography
need not be provided to the patient or patient’s representative under
this section, if the original X-rays or tracings are transmitted to
another health care provider upon written request of the patient or
patient’s representative and within 15 days after receipt of the
request. The request shall specify the name and address of the
health care provider to whom the records are to be delivered. All
reasonable costs, not exceeding actual costs, incurred by a health
care provider in providing copies pursuant to this subdivision may
be charged to the patient or representative requesting the copies.

(d) (1) Notwithstanding any provision of this section, and except
as provided in Sections 123115 and 123120, any patient or former
patient or the patient’s representative shall be entitled to a copy,
at no charge, of the relevant portion of the patient’s records, upon
presenting to the provider a written request, and proof that the
records are needed to support an appeal regarding eligibility for a
public benefit program. These programs shall be the Medi-Cal
program, social security disability insurance benefits, and
Supplemental Security Income/State Supplementary Program for
the Aged, Blind and Disabled (SSI/SSP) benefits. For purposes of
this subdivision, “relevant portion of the patient’s records” means
those records regarding services rendered to the patient during the
time period beginning with the date of the patient’s initial
application for public benefits up to and including the date that a
final determination is made by the public benefits program with
which the patient’s application is pending.

(2) Although a patient shall not be limited to a single request,
the patient or patient’s representative shall be entitled to no more
than one copy of any relevant portion of his or her record free of
charge.

(3) This subdivision shall not apply to any patient who is
represented by a private attorney who is paying for the costs related
to the patient’s appeal, pending the outcome of that appeal. For
purposes of this subdivision, “private attorney” means any attorney
not employed by a nonprofit legal services entity.

(e) If the patient’s appeal regarding eligibility for a public benefit
program specified in subdivision (d) is successful, the hospital or
other health care provider may bill the patient, at the rates specified
in subdivisions (b) and (c), for the copies of the medical records
previously provided free of charge.

(f) If a patient or his or her representative requests a record
pursuant to subdivision (d), the health care provider shall ensure
that the copies are transmitted within 30 days after receiving the
written request.

(g) This section shall not be construed to preclude a health care
provider from requiring reasonable verification of identity prior
to permitting inspection or copying of patient records, provided
this requirement is not used oppressively or discriminatorily to
frustrate or delay compliance with this section. Nothing in this
chapter shall be deemed to supersede any rights that a patient or
representative might otherwise have or exercise under Section
1158 of the Evidence Code or any other provision of law. Nothing
in this chapter shall require a health care provider to retain records
longer than required by applicable statutes or administrative
regulations.

(h) This chapter shall not be construed to render a health care
provider liable for the quality of his or her records or the copies
provided in excess of existing law and regulations with respect to
the quality of medical records. A health care provider shall not be
liable to the patient or any other person for any consequences that
result from disclosure of patient records as required by this chapter.
A health care provider shall not discriminate against classes or
categories of providers in the transmittal of X-rays or other patient
records, or copies of these X-rays or records, to other providers as
authorized by this section.

Every health care provider shall adopt policies and establish
procedures for the uniform transmittal of X-rays and other patient
records that effectively prevent the discrimination described in
this subdivision. A health care provider may establish reasonable
conditions, including a reasonable deposit fee, to ensure the return
of original X-rays transmitted to another health care provider,
provided the conditions do not discriminate on the basis of, or in
a manner related to, the license of the provider to which the X-rays
are transmitted.

(i) Any health care provider described in paragraphs (4) to (10),
inclusive, of subdivision (a) of Section 123105 who willfully
violates this chapter is guilty of unprofessional conduct. Any health
care provider described in paragraphs (1) to (3), inclusive, of
subdivision (a) of Section 123105 that willfully violates this chapter
is guilty of an infraction punishable by a fine of not more than one
hundred dollars ($100). The state agency, board, or commission
that issued the health care provider’s professional or institutional
license shall consider a violation as grounds for disciplinary action
with respect to the licensure, including suspension or revocation
of the license or certificate.

(j) This section shall be construed as prohibiting a health care
provider from withholding patient records or summaries of patient
records because of an unpaid bill for health care services. Any
health care provider who willfully withholds patient records or
summaries of patient records because of an unpaid bill for health
care services shall be subject to the sanctions specified in
subdivision (i).

(k) Notwithstanding any provision of this section, and except
as provided in Sections 123115 and 123120, any regional center
consumer or former regional center consumer or the regional center
consumer’s representative, or infant or toddler receiving or
formerly receiving early intervention services or the infant or
toddler’s representative, shall be entitled to a complete copy, at
no charge, of the consumer’s regional center records, upon
presenting to the regional center a written request and proof that
the records are needed to support an appeal regarding eligibility
for a public benefit program. For purposes of this subdivision
“public benefit program” includes, but is not limited to, the
Medi-Cal program, social security disability insurance benefits,
and Supplemental Security Income/State Supplementary Program
for the Aged, Blind and Disabled (SSI/SSP) benefits.

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begin insert SEC. 4. end insert   

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begin insert Section 4514 of the end insert begin insert Welfare and Institutions Code end insert begin insert is
amended to read: end insert

4514.  

All information and records obtained in the course of
providing intake, assessment, and services under Division 4.1
(commencing with Section 4400), Division 4.5 (commencing with
Section 4500), Division 6 (commencing with Section 6000), or
Division 7 (commencing with Section 7100) to persons with
developmental disabilities shall be confidential. Information and
records obtained in the course of providing similar services to
either voluntary or involuntary recipients prior to 1969 shall also
be confidential. Information and records shall be disclosed only
in any of the following cases:

(a) In communications between qualified professional persons,
whether employed by a regional center or state developmental
center, or not, in the provision of intake, assessment, and services
or appropriate referrals. The consent of the person with a
developmental disability, or his or her guardian or conservator,
shall be obtained before information or records may be disclosed
by regional center or state developmental center personnel to a
professional not employed by the regional center or state
developmental center, or a program not vendored by a regional
center or state developmental center.

(b) When the person with a developmental disability, who has
the capacity to give informed consent, designates individuals to
whom information or records may be released, except that nothing
in this chapter shall be construed to compel a physician and
surgeon, psychologist, social worker, marriage and family therapist,
professional clinical counselor, nurse, attorney, or other
professional to reveal information that has been given to him or
her in confidence by a family member of the person unless a valid
release has been executed by that family member.

(c) To the extent necessary for a claim, or for a claim or
application to be made on behalf of a person with a developmental
disability for aid, insurance, government benefit, or medical
assistance to which he or she may be entitled.

(d) If the person with a developmental disability is a minor,
dependent ward, or conservatee, and his or her parent, guardian,
conservator, limited conservator with access to confidential records,
or authorized representative, designates, in writing, persons to
whom records or information may be disclosed, except that nothing
in this chapter shall be construed to compel a physician and
surgeon, psychologist, social worker, marriage and family therapist,
professional clinical counselor, nurse, attorney, or other
professional to reveal information that has been given to him or
her in confidence by a family member of the person unless a valid
release has been executed by that family member.

(e) For research, provided that the Director of Developmental
Services designates by regulation rules for the conduct of research
and requires the research to be first reviewed by the appropriate
institutional review board or boards. These rules shall include, but
need not be limited to, the requirement that all researchers shall
sign an oath of confidentiality as follows:

 

	“
	Date

 

As a condition of doing research concerning persons with
developmental disabilities who have received services from ____
(fill in the facility, agency or person), I, ____, agree to obtain the
prior informed consent of persons who have received services to
the maximum degree possible as determined by the appropriate
institutional review board or boards for protection of human
subjects reviewing my research, or the person’s parent, guardian,
or conservator, and I further agree not to divulge any information
obtained in the course of the research to unauthorized persons, and
not to publish or otherwise make public any information regarding
persons who have received services so those persons who received
services are identifiable.

I recognize that the unauthorized release of confidential
information may make me subject to a civil action under provisions
of the Welfare and Institutions Code.

 

	”
	Signed

 

(f) To the courts, as necessary to the administration of justice.

(g) To governmental law enforcement agencies as needed for
the protection of federal and state elective constitutional officers
and their families.

(h) To the Senate Committee on Rules or the Assembly
Committee on Rules for the purposes of legislative investigation
authorized by the committee.

(i) To the courts and designated parties as part of a regional
center report or assessment in compliance with a statutory or
regulatory requirement, including, but not limited to, Section
1827.5 of the Probate Code, Sections 1001.22 and 1370.1 of the
Penal Code, and Section 6502 of the Welfare and Institutions Code.

(j) To the attorney for the person with a developmental disability
in any and all proceedings upon presentation of a release of
information signed by the person, except that when the person
lacks the capacity to give informed consent, the regional center or
state developmental center director or designee, upon satisfying
himself or herself of the identity of the attorney, and of the fact
that the attorney represents the person, shall release all information
and records relating to the person except that nothing in this article
shall be construed to compel a physician and surgeon, psychologist,
social worker, marriage and family therapist, professional clinical
counselor, nurse, attorney, or other professional to reveal
information that has been given to him or her in confidence by a
family member of the person unless a valid release has been
executed by that family member.

(k) Upon written consent by a person with a developmental
disability previously or presently receiving services from a regional
center or state developmental center, the director of the regional
center or state developmental center, or his or her designee, may
release any information, except information that has been given
in confidence by members of the family of the person with
developmental disabilities, requested by a probation officer charged
with the evaluation of the person after his or her conviction of a
crime if the regional center or state developmental center director
or designee determines that the information is relevant to the
evaluation. The consent shall only be operative until sentence is
passed on the crime of which the person was convicted. The
confidential information released pursuant to this subdivision shall
be transmitted to the court separately from the probation report
and shall not be placed in the probation report. The confidential
information shall remain confidential except for purposes of
sentencing. After sentencing, the confidential information shall be
sealed.

(l) Between persons who are trained and qualified to serve on
“multidisciplinary personnel” teams pursuant to subdivision (d)
of Section 18951. The information and records sought to be
disclosed shall be relevant to the prevention, identification,
management, or treatment of an abused child and his or her parents
pursuant to Chapter 11 (commencing with Section 18950) of Part
6 of Division 9.

(m) When a person with a developmental disability dies from
any cause, natural or otherwise, while hospitalized in a state
developmental center, the State Department of Developmental
Services, the physician and surgeon in charge of the client, or the
professional in charge of the facility or his or her designee, shall
release information and records to the coroner. The State
Department of Developmental Services, the physician and surgeon
in charge of the client, or the professional in charge of the facility
or his or her designee, shall not release any notes, summaries,
transcripts, tapes, or records of conversations between the resident
and health professional personnel of the hospital relating to the
personal life of the resident that is not related to the diagnosis and
treatment of the resident’s physical condition. Any information
released to the coroner pursuant to this section shall remain
confidential and shall be sealed and shall not be made part of the
public record.

(n) To authorized licensing personnel who are employed by, or
who are authorized representatives of, the State Department of
Public Health, and who are licensed or registered health
professionals, and to authorized legal staff or special investigators
who are peace officers who are employed by, or who are authorized
representatives of, the State Department of Social Services, as
necessary to the performance of their duties to inspect, license,
and investigate health facilities and community care facilities, and
to ensure that the standards of care and services provided in these
facilities are adequate and appropriate and to ascertain compliance
with the rules and regulations to which the facility is subject. The
confidential information shall remain confidential except for
purposes of inspection, licensing, or investigation pursuant to
Chapter 2 (commencing with Section 1250) and Chapter 3
(commencing with Section 1500) of Division 2 of the Health and
Safety Code, or a criminal, civil, or administrative proceeding in
relation thereto. The confidential information may be used by the
State Department of Public Health or the State Department of
Social Services in a criminal, civil, or administrative proceeding.
The confidential information shall be available only to the judge
or hearing officer and to the parties to the case. Names which are
confidential shall be listed in attachments separate to the general
pleadings. The confidential information shall be sealed after the
conclusion of the criminal, civil, or administrative hearings, and
shall not subsequently be released except in accordance with this
subdivision. If the confidential information does not result in a
criminal, civil, or administrative proceeding, it shall be sealed after
the State Department of Public Health or the State Department of
Social Services decides that no further action will be taken in the
matter of suspected licensing violations. Except as otherwise
provided in this subdivision, confidential information in the
possession of the State Department of Public Health or the State
Department of Social Services shall not contain the name of the
person with a developmental disability.

(o) To any board which licenses and certifies professionals in
the fields of mental health and developmental disabilities pursuant
to state law, when the Director of Developmental Services has
reasonable cause to believe that there has occurred a violation of
any provision of law subject to the jurisdiction of a board and the
records are relevant to the violation. The information shall be
sealed after a decision is reached in the matter of the suspected
violation, and shall not subsequently be released except in
accordance with this subdivision. Confidential information in the
possession of the board shall not contain the name of the person
with a developmental disability.

(p) To governmental law enforcement agencies by the director
of a regional center or state developmental center, or his or her
designee, when (1) the person with a developmental disability has
been reported lost or missing or (2) there is probable cause to
believe that a person with a developmental disability has
committed, or has been the victim of, murder, manslaughter,
mayhem, aggravated mayhem, kidnapping, robbery, carjacking,
assault with the intent to commit a felony, arson, extortion, rape,
forcible sodomy, forcible oral copulation, assault or battery, or
unlawful possession of a weapon, as provided in any provision
listed in Section 16590 of the Penal Code.

This subdivision shall be limited solely to information directly
relating to the factual circumstances of the commission of the
enumerated offenses and shall not include any information relating
to the mental state of the patient or the circumstances of his or her
treatment unless relevant to the crime involved.

This subdivision shall not be construed as an exception to, or in
any other way affecting, the provisions of Article 7 (commencing
with Section 1010) of Chapter 4 of Division 8 of the Evidence
Code, or Chapter 11 (commencing with Section 15600) and
Chapter 13 (commencing with Section 15750) of Part 3 of Division
9.

(q) To the Division of Juvenile Facilities and Department of
Corrections and Rehabilitation or any component thereof, as
necessary to the administration of justice.

(r) To an agency mandated to investigate a report of abuse filed
pursuant to either Section 11164 of the Penal Code or Section
15630 of the Welfare and Institutions Code for the purposes of
either a mandated or voluntary report or when those agencies
request information in the course of conducting their investigation.

(s) When a person with developmental disabilities, or the parent,
guardian, or conservator of a person with developmental disabilities
who lacks capacity to consent, fails to grant or deny a request by
a regional center or state developmental center to release
information or records relating to the person with developmental
disabilities within a reasonable period of time, the director of the
regional or developmental center, or his or her designee, may
release information or records on behalf of that person provided
both of the following conditions are met:

(1) Release of the information or records is deemed necessary
to protect the person’s health, safety, or welfare.

(2) The person, or the person’s parent, guardian, or conservator,
has been advised annually in writing of the policy of the regional
center or state developmental center for release of confidential
client information or records when the person with developmental
disabilities, or the person’s parent, guardian, or conservator, fails
to respond to a request for release of the information or records
within a reasonable period of time. A statement of policy contained
in the client’s individual program plan shall be deemed to comply
with the notice requirement of this paragraph.

(t) (1) When an employee is served with a notice of adverse
action, as defined in Section 19570 of the Government Code, the
following information and records may be released:

(A) All information and records that the appointing authority
relied upon in issuing the notice of adverse action.

(B) All other information and records that are relevant to the
adverse action, or that would constitute relevant evidence as
defined in Section 210 of the Evidence Code.

(C) The information described in subparagraphs (A) and (B)
may be released only if both of the following conditions are met:

(i) The appointing authority has provided written notice to the
consumer and the consumer’s legal representative or, if the
consumer has no legal representative or if the legal representative
is a state agency, to the clients’ rights advocate, and the consumer,
the consumer’s legal representative, or the clients’ rights advocate
has not objected in writing to the appointing authority within five
business days of receipt of the notice, or the appointing authority,
upon review of the objection has determined that the circumstances
on which the adverse action is based are egregious or threaten the
health, safety, or life of the consumer or other consumers and
without the information the adverse action could not be taken.

(ii) The appointing authority, the person against whom the
adverse action has been taken, and the person’s representative, if
any, have entered into a stipulation that does all of the following:

(I) Prohibits the parties from disclosing or using the information
or records for any purpose other than the proceedings for which
the information or records were requested or provided.

(II) Requires the employee and the employee’s legal
representative to return to the appointing authority all records
provided to them under this subdivision, including, but not limited
to, all records and documents or copies thereof that are no longer
in the possession of the employee or the employee’s legal
representative because they were from any source containing
confidential information protected by this section, and all copies
of those records and documents, within 10 days of the date that
the adverse action becomes final except for the actual records and
documents submitted to the administrative tribunal as a component
of an appeal from the adverse action.

(III) Requires the parties to submit the stipulation to the
administrative tribunal with jurisdiction over the adverse action
at the earliest possible opportunity.

(2) For the purposes of this subdivision, the State Personnel
Board may, prior to any appeal from adverse action being filed
with it, issue a protective order, upon application by the appointing
authority, for the limited purpose of prohibiting the parties from
disclosing or using information or records for any purpose other
than the proceeding for which the information or records were
requested or provided, and to require the employee or the
employee’s legal representative to return to the appointing authority
all records provided to them under this subdivision, including, but
not limited to, all records and documents from any source
containing confidential information protected by this section, and
all copies of those records and documents, within 10 days of the
date that the adverse action becomes final, except for the actual
records and documents that are no longer in the possession of the
employee or the employee’s legal representatives because they
were submitted to the administrative tribunal as a component of
an appeal from the adverse action.

(3) Individual identifiers, including, but not limited to, names,
social security numbers, and hospital numbers, that are not
necessary for the prosecution or defense of the adverse action,
shall not be disclosed.

(4) All records, documents, or other materials containing
confidential information protected by this section that have been
submitted or otherwise disclosed to the administrative agency or
other person as a component of an appeal from an adverse action
shall, upon proper motion by the appointing authority to the
administrative tribunal, be placed under administrative seal and
shall not, thereafter, be subject to disclosure to any person or entity
except upon the issuance of an order of a court of competent
jurisdiction.

(5) For purposes of this subdivision, an adverse action becomes
final when the employee fails to answer within the time specified
in Section 19575 of the Government Code, or, after filing an
answer, withdraws the appeal, or, upon exhaustion of the
administrative appeal or of the judicial review remedies as
otherwise provided by law.

(u) To the person appointed as the begin insert education rights holder for
an infant or toddler who is eligible to receive services pursuant
to Title 14 (commencing with Section 95000) of the Government
Code, or the end insert developmental services decisionmaker for a minor,
dependent, or ward pursuant to Section 319, 361, or 726. begin delete To end delete

begin insert

(v) Notwithstanding subdivision (a) of Section 4725 or any other
law, any consumer or infant or toddler receiving early intervention
services who (1) has an order for foster care placement, (2) is
awaiting foster care placement, or (3) is placed in out-of-home
care through voluntary placement as defined in subdivision (o) of
Section 11400, shall be entitled, directly or through his or her
legally authorized representative, education rights holder, or
developmental services decisionmaker, to a complete copy, at no
charge, of his or her regional center records, as defined in
subdivision (b) of Section 4725, upon presenting to the regional
center a written request stating that the records are needed to
support an application or appeal regarding eligibility for a public
benefit program.

end insert

begin insert (w) end insert begin insert   end insert begin insert To end insert a protection and advocacy agency established pursuant
to Section 4901, to the extent that the information is incorporated
within any of the following:

(1) An unredacted facility evaluation report form or an
unredacted complaint investigation report form of the State
Department of Social Services. This information shall remain
confidential and subject to the confidentiality requirements of
subdivision (f) of Section 4903.

(2) An unredacted citation report, unredacted licensing report,
unredacted survey report, unredacted plan of correction, or
unredacted statement of deficiency of the State Department of
Public Health, prepared by authorized licensing personnel or
authorized representatives described in subdivision (n). This
information shall remain confidential and subject to the
confidentiality requirements of subdivision (f) of Section 4903.

begin delete SEC. 6. end delete
begin insert SEC. 5. end insert   

Section 4643.5 of the Welfare and Institutions Code
is amended to read:

4643.5.  

(a) If a consumer is or has been determined to be
eligible for services by a regional center, he or she shall also be
considered eligible by any other regional center if he or she has
moved to another location within the state.

(b) An individual who is determined by any regional center to
have a developmental disability shall remain eligible for services
from regional centers unless a regional center, following a
comprehensive reassessment, concludes that the original
determination that the individual has a developmental disability
is clearly erroneous.

(c) Whenever a consumer transfers from one regional center
catchment area to another, the level and types of services and
supports specified in the consumer’s individual program plan shall
be authorized and secured, if available, pending the development
of a new individual program plan for the consumer. If these
services and supports do not exist, the regional center shall convene
a meeting to develop a new individual program plan within 30
days. Prior to approval of the new individual program plan, the
regional center shall provide alternative services and supports that
best meet the individual program plan objectives in the least
restrictive setting. The department shall develop guidelines that
describe the responsibilities of regional centers in ensuring a
smooth transition of services and supports from one regional center
to another, including, but not limited to, pretransferring planning
and a dispute resolution process to resolve disagreements between
regional centers regarding their responsibilities related to the
transfer of case management services.

(d) If a consumer is transferring from one regional center’s
catchment area to that of another regional center’s and begin delete either end delete (1)
has an order for foster care placement begin delete or end delete begin insert , (2) end insert is awaiting foster
care placement, or begin delete (2) is receiving Aid to Families with Dependent
Children-Foster Care (AFDC-FC), Kinship Guardianship
Assistance Payments (Kin-GAP), or Adoption Assistance Program
(AAP) benefits end delete begin insert (3) is placed in out-of-home care through voluntary
placement as defined in subdivision (o) of Section 11400 of the
Welfare and Institutions Code end insert , the following shall apply:

(A)  begin insert (i) end insert begin insert   end insert The sending regional center shall prepare and send begin delete a
consumer’s end delete begin insert the end insert physical case file to the receiving regional center
no later than two business days following the receipt of notice that
the consumer has moved out of the sending regional center’s
catchment area. For purposes of this subdivision, this notice of
relocation begin delete may be provided verbally or in writing by the caregiver,
the county social worker or other child welfare agency employee,
the consumer’s dependency court attorney, a Court Appointed
Special Advocate (CASA), or the court itself. end delete begin insert shall be immediately
provided to the sending regional center by the county social worker
or county probation officer. Notice of relocation may also be
provided by the caregiver, the consumer’s attorney or a
court-appointed special advocate, or the court itself. Notice shall
be deemed received when the sending regional center is notified
either verbally or in writing by any of the above. end insert

begin insert

(ii) Upon receiving notice, the sending regional center shall
notify the receiving regional center of the consumer’s relocation,
including the person’s name and age, and a list of services
currently listed in the individualized family service plan (IFSP)
or individual program plan (IPP).

end insert

(B) The receiving regional center shall accept financial
responsibility for the consumer’s case begin delete , end delete and notify the begin delete family end delete
begin insert caregiver and county placing agency end insert of the assignment of a service
coordinator, within two business days of receipt of the physical
file.

(C) Services and supports, as provided for in the consumer’s
current begin delete individual family service plan end delete begin insert IFSP end insert or begin delete individual program
plan, end delete begin insert IPP, end insert shall commence within five business days from the
date the sending regional center received begin insert the end insert notice begin delete that the child
moved out of the catchment area. end delete begin insert of relocation. end insert

(D)  begin delete (i) end delete begin delete   end delete If identical services to those provided in the begin delete child’s end delete
existing begin delete individual family service plan end delete begin insert IFSP end insert or begin delete individual program
plan end delete begin insert IPP end insert are not available, the receiving regional center shall
provide comparable services until a new begin delete individual program plan end delete
begin insert IFSP or IPP end insert meeting can be held to determine appropriate services.

begin delete

(ii) If an infant or toddler transfers from a local education agency
to a catchment area where there are no services available for the
infant or toddler through the local education agency and either (I)
has an order for foster care placement or is awaiting foster care
placement, or (II) is receiving AFDC-FC, Kin-GAP, or AAP
benefits both of the following shall apply:

(ia) The child shall have the right to receive comparable early
intervention services from the new catchment area’s regional
center, regardless of whether the child has been deemed eligible
for provision of and payment for early intervention services through
the regional center.

(ib) The requirement set forth in subparagraph (A) shall apply.

end delete begin insert

(E) The sending regional center may choose to continue to serve
the consumer and not transfer the case to the regional center in
the person’s new catchment area only if the sending regional center
continues to provide all the services as agreed upon in the
consumer’s IPP or IFSP. The sending regional center shall notify
the regional center in the person’s new catchment area within two
days of the person’s move that the sending regional center shall
continue to provide services.

end insert begin insert

(F) The requirements set forth in subparagraphs (A) to (E),
inclusive, shall apply to local education agencies, as set forth in
Section 56426.10 of the Education Code.

end insert begin insert

(e) For purposes of this section, the term “consumer” shall
refer to individuals as defined in Section 4512 and any eligible
infant or toddler, as defined in Section 95014 of the Government
Code.

end insert

begin delete

SEC. 7.  

Section 4726 of the Welfare and Institutions Code is
amended to read:

4726.  

(a) Notwithstanding the provisions of Section 5328,
access to records shall be provided to an applicant for, or recipient
of, services or to his or her authorized representative, including
the person appointed as a developmental services decisionmaker
pursuant to Section 319, 361, or 726, for purposes of the appeal
procedure under this chapter.

(b) Notwithstanding any provision of this section, and except
as provided in Sections 123115 and 123120 of the Health and
Safety Code, any regional center consumer or former regional
center consumer or the regional center consumer’s representative,
or infant or toddler receiving or formerly receiving Early
Intervention services or the infant or toddler’s representative, shall
be entitled to a complete copy, at no charge, of the consumer’s
regional center records, upon presenting to the regional center a
written request and proof that the records are needed to support
an appeal regarding eligibility for a public benefit program. For
purposes of this subdivision, “public benefit program” includes,
but is not limited to, the Medi-Cal program, social security
disability insurance benefits, and Supplemental Security
Income/State Supplementary Program for the Aged, Blind and
Disabled (SSI/SSP) benefits.

SEC. 8.  

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for certain
costs that may be incurred by a local agency or school district
because, in that regard, this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.

However, if the Commission on State Mandates determines that
this act contains other 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 delete

begin insert

begin insert SEC. 6. 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