BILL NUMBER: AB 1089 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 18, 2013
INTRODUCED BY Assembly Member Ian Calderon
( Coauthors: Assembly Members
Brown, Ting, and Wilk )
FEBRUARY 22, 2013
An act to add Section 56426.10 to the Education Code, to amend
Section 95014 of the Government Code, to amend Sections
123105 and 123110 of the Health and Safety Code, and to
amend Sections 4643.5 and 4726 4514 and
4643.5 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.
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.
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 are under 3 years of age who are receiving
specified benefits 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,
transfer between regional centers or local education agencies, or
from a local education agency to a catchment agency
area where there are no services, as specified.
Among other things, the bill would provide that a child
these consumers shall have the right to receive
comparable early intervention services from the new catchment area's
regional center, regardless of whether the child
person has been deemed eligible for provision of and
payment for early intervention services through the regional center.
The bill would require the sending regional center to notify the
receiving regional center of the relocation, as specified. By
imposing new duties and a higher level of service on local
entities, the bill would impose a state-mandated local program.
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.
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.
This bill would provide that with regard to certain mandates no
reimbursement is required by this act for a specified reason.
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.
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.
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.
The bill would include a statement of legislative findings and
declarations.
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.
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.
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 regional center
developmental services, and thus, a clear set of timelines for
the transfer process from one regional center
center's catchment area to another
another's is needed.
SEC. 2. Section 56426.10 is added to the Education Code, to read:
56426.10. (a) The transfer procedures and timeline
timelines, as provided under subdivision (d) of
Section 4643.5 of the Welfare and Institutions Code ,
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 (i) an order for foster care
placement or placement, (ii) is awaiting foster
care placement, or (iii) is receiving Aid to
Families with Dependent Children-Foster Care (AFDC-FC), Kinship
Guardianship Assistance Payments (Kin-GAP), or Adoption Assistance
Program (AAP) benefits. placed in out-of-home care
through voluntary placement as defined in subdivision (o) of Section
11400 of the Welfare and Institutions Code.
(E) The child transfers between local education agencies.
(2) If an infant or toddler has an order for foster care
placement or is awaiting foster care placement, or is receiving
AFDC-FC, Kin-GAP, or AAP benefits, and described in
subparagraphs (A) to (D), inclusive, of paragraph (1) 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) A 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
child described in paragraph (2) of subdivision (a) shall have the
right to receive comparable early intervention services
according to his or her current individualized
family service plan 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 timeline
timelines, as provided under subdivision (d) of Section
4643.5 of the Welfare and Institutions Code , shall apply
if either of the following apply
circumstances pertaining to an eligible infant or toddler
are present :
(i) The child (I) has an order for foster care placement
or , is awaiting foster care placement, or is
receiving Aid to Families with Dependent Children-Foster
Care (AFDC-FC), Kinship Guardianship Assistance Payments (Kin-GAP),
or Adoption Assistance Program (AAP) benefits placed
in out-of-home care through voluntary placement as defined in
subdivision (o) of Section 11400 of the Welfare and Institutions Code
, and (II) transfers between regional centers or local
education agencies.
(ii) The child (I) has an order for foster care placement
or , is awaiting foster care placement, or is
receiving AFDC-FC, Kin-GAP, or AAP benefits
placed in out-of-home care through voluntary placement as defined in
subdivision (o) of Section 11400 of the Welfare and Institutions Code
, 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 new 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.
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.
SEC. 4. Section 4514 of the Welfare and
Institutions Code is amended to read:
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 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 developmental services decisionmaker for a minor,
dependent, or ward pursuant to Section 319, 361, or 726. To
(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.
(w) To 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.
SEC. 6. SEC. 5. 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
either (1) has an order for foster care placement
or , (2) is awaiting foster care placement, or
(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
(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 , the following shall apply:
(A) (i) The sending regional center shall
prepare and send a consumer's the
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 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. 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.
(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).
(B) The receiving regional center shall accept financial
responsibility for the consumer's case , and
notify the family caregiver and county
placing agency 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 individual family service plan IFSP
or individual program plan, IPP,
shall commence within five business days from the date the sending
regional center received the notice that the
child moved out of the catchment area. of relocation.
(D) (i) If identical
services to those provided in the child's existing
individual family service plan IFSP or
individual program plan IPP are not
available, the receiving regional center shall provide comparable
services until a new individual program plan
IFSP or IPP meeting can be held to determine appropriate
services.
(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.
(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.
(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.
(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.
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.
SEC. 6. 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.