Amended in Senate June 17, 2013

Amended in Assembly April 18, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 1089

Introduced by Assembly Member Ian Calderon

(Coauthors: Assembly Members Brown, begin insert Maienschein, end insert 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, and to amend Sections 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 also requires an early education program provided by a local begin delete education end delete begin insert educational end insert 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 begin delete children end delete begin insert a consumer of regional center services end insert who begin delete have end delete begin insert has end insert an order for foster care, begin delete are end delete begin insert is end insert awaiting foster care placement, or begin delete are end delete begin insert is end insert placed in out-of-home begin delete care, and other consumers of regional center services and supports, transfer end delete begin insert care transfers end insert between regional centers or local begin delete education agencies, or from a local education agency to a catchment area where there are no services, as specified. Among other things, the bill would provide that these consumers shall have the right to receive comparable early intervention services from the new catchment area’s regional center, regardless of whether the person has been deemed eligible for provision of and payment for early intervention services through the regional center. The end delete begin insert educational agencies. Among other things, the end insert bill would require the begin insert county social worker or county probation officer to immediately send a notice of relocation, as defined, to the end insert sending regional center begin delete to notify the receiving regional center end delete of the begin delete relocation end delete begin insert , and would require the sending regional center to immediately send a notice of transfer, as defined, to the receiving regional center end insert , as specified. begin insert The bill would specifically provide that these procedures and timelines apply to local educational agencies. end insert By imposing new duties and a higher level of service on begin delete local entities end delete begin insert county employees end insert , the bill would impose a state-mandated local program.

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, begin insert or any requested portion thereof, end insert 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 begin delete a person appointed as end delete the education rights holder begin delete for an infant or toddler who is eligible to receive services end delete .

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 setbacks in a child’s development and
well-being.

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

SEC. 2.  

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

56426.10.  

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

begin delete

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

end delete begin delete

(A)

end delete

begin insert ( end insert begin insert a) end insert  The child is under three years of age.

begin delete

(B)

end delete

begin insert ( end insert begin insert b) end insert  The child has solely low-incidence disabilities.

begin delete

(C)

end delete

begin insert ( end insert begin insert c) end insert  The child is receiving services under this part.

begin delete

(D)

end delete

begin insert ( end insert begin insert d) end insert  The child has begin delete (i) end delete begin insert (1) end insert an order for foster care placement, begin delete (ii) end delete
begin insert (2) end insert is awaiting foster care placement, or begin delete (iii) end delete begin insert (3) end insert is placed in
out-of-home care through voluntary placement as defined in
subdivision (o) of Section 11400 of the Welfare and Institutions
Code.

begin delete

(E)

end delete

begin insert ( end insert begin insert e) end insert  The child transfers between local begin delete education end delete begin insert educational end insert
agencies.

begin delete

(2) If an infant or toddler 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) 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.

end delete

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

begin delete (i) end delete begin delete   end delete begin delete The end delete begin insert that the end insert child begin delete (I) end delete begin insert (A) end insert has an order for foster care
placement, is awaiting foster care placement, or is placed in
out-of-home care through voluntary placement as defined in
subdivision (o) of Section 11400 of the Welfare and Institutions
Code, and begin delete (II) end delete begin insert (B) end insert transfers between regional centers or local
begin delete education end delete begin insert educational end insert agencies.

begin delete

(ii) The child (I) has an order for foster care placement, is
awaiting foster care placement, or is 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.

end delete

(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 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)  begin insert (1) end insert begin insert   end insert To the begin delete person appointed as the end delete education rights holder
begin delete for an infant or toddler who is eligible to receive services pursuant
to Title 14 (commencing with Section 95000) of the Government
Code, end delete or the developmental services decisionmaker for a minor,
dependent, or ward pursuant to Section 319, 361, or 726.

begin delete

(v) Notwithstanding

end delete

begin insert (2) end insert begin insert   end insert begin insert Notwithstanding end insert subdivision (a) of Section 4725 or any other
law, any consumer or infant or toddler receiving early intervention
services who begin delete (1) end delete begin insert (A) end insert has an order for foster care placement, begin delete (2) end delete
begin insert (B) end insert is awaiting foster care placement, or begin delete (3) end delete begin insert (C) end insert 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 begin insert , attorney end insert ,
education rights holder, or developmental services decisionmaker,
to a complete copy, begin insert or any requested portion thereof, end insert 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. begin insert This
paragraph shall not be construed to allow the release of any
records in violation of the federal Health Insurance Portability
and Accountability Act of 1996 (Public Law 104-191) and the
federal Family Educational Rights and Privacy Act of 1974 (20
U.S.C. Section 1232g). end insert

begin delete

(w)

end delete

begin insert ( end insert begin insert v) end insert  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. 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 begin insert (IPP) end insert
shall be authorized and secured, if available, pending the
development of a new begin delete individual program plan end delete begin insert (IPP) end insert for the
consumer. If these services and supports do not exist, the regional
center shall convene a meeting to develop a new begin delete individual
program plan end delete begin insert (IPP) end insert within 30 days. Prior to approval of the new
begin delete individual program plan end delete begin insert (IPP) end insert , the regional center shall provide
alternative services and supports that best meet the begin delete individual
program plan end delete begin insert (IPP) end insert 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)  begin insert (1) end insert begin insert   end insert If a consumer is transferring from one regional center’s
catchment area to begin delete that of another end delete begin insert a different end insert regional center’s
begin insert catchment area end insert and begin delete (1) end delete begin insert (A) end insert has an order for foster care placement,
begin delete (2) end delete begin insert (B) end insert is awaiting foster care placement, or begin delete (3) end delete begin insert (C) end insert is placed in
out-of-home care through voluntary placement as defined in
subdivision (o) of Section begin delete 11400 of the Welfare and Institutions
Code, the following shall apply: end delete begin insert 11400, paragraph (2) shall apply. end insert

begin delete

(A) (i) The sending regional center shall prepare and send 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 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).

end delete begin insert

(2) (A) The county social worker or county probation officer
shall immediately send a notice of relocation regarding a consumer
who meets the criteria set forth in paragraph (1). The consumer’s
court-appointed attorney may also provide written notice of
relocation. The notice of relocation shall be deemed received when
the sending regional center receives written notice of relocation.

end insert begin insert

(B) Upon receiving the notice of relocation, the sending regional
center shall immediately send a notice of transfer, by priority mail,
facsimile, or electronic mail, to the receiving regional center.

end insert begin insert

(C) The sending regional center shall prepare and send the
physical case file to the receiving regional center no later than 10
business days following the receipt of the notice of relocation.

end insert begin delete

(B)

end delete

begin insert (3) end insert  The receiving regional center shall accept financial
responsibility for the consumer’s case and notify the caregiver begin insert ,
parent, if education end insert begin insert rights have not been terminated, educational
rights holder or developmental services decisionmaker, as
applicable, end insert begin insert county social worker or county probation officer, as
applicable, end insert and county placing agency of the assignment of a
service coordinator, within two business days of receipt of the
begin delete physical file end delete begin insert notice of transfer end insert .

begin delete

(C) Services

end delete

begin insert (4) end insert begin insert   end insert begin insert (A) end insert begin insert   end insert begin insert Notwithstanding subdivision (g) of Section 4646,
services end insert and supports, as provided for in the consumer’s current
begin delete IFSP or end delete IPP, shall commence within five business days from the
date the sending regional center received the notice of relocation.

begin delete

(D)

end delete

begin insert (B) end insert  If identical services to those provided in the existing begin delete IFSP
or end delete IPP are not available, the receiving regional center shall begin insert , within
five business days of the notice of relocation, end insert provide comparable
services until a new begin delete IFSP or end delete IPP meeting can be held to determine
appropriate services. begin insert In all cases, a new IPP meeting shall be held
within 30 calendar days after the notice of relocation is sent. end insert

begin delete

(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 delete begin insert

(C) In preparation for the new IPP meeting, as described in
subparagraph (B), the receiving regional center shall, within three
business days after receiving the notice of transfer, contact the
consumer’s county social worker or county probation officer to
determine the legal status of the consumer’s case. If the parent’s,
guardian’s, or current developmental services decisionmaker’s
rights have not been limited, the receiving regional center shall
immediately attempt to notify the individual of the IPP meeting
described in subparagraph (B) and confirm the individual’s intent
to participate in the IPP meeting. The attempts to notify the
individual shall occur daily by telephone or in writing on three
consecutive business days after the notice of transfer is received.
All attempts to notify the individual of the IPP meeting shall be
documented in the consumer’s file.

end insert begin insert

(D) After three failed attempts to notify and obtain confirmation
of participation in the IPP meeting described in subparagraph
(B), the receiving regional center shall immediately provide written
notice to the court of jurisdiction, to the county placing agency,
and to the consumer’s attorney that the appointment of a new
developmental services decisionmaker may be necessary.

end insert begin insert

(E) Services shall continue to be provided pursuant to
subparagraph (A), pending the court’s appointment of a
developmental services decisionmaker, pursuant to subdivision
(g) of Section 319, subdivision (a) of Section 361, or subdivision
(b) of Section 726.

end insert begin insert

(5) In the case of a consumer receiving services under the
California Early Intervention Program pursuant to Title 14
(commencing with Section 95000) of the Government Code, the
following procedures shall apply:

end insert begin insert

(A) All services for which additional consent is not necessary
shall be initiated by the receiving regional center within five
business days of notice of relocation.

end insert begin insert

(B) If identical services to those provided in the existing
individualized family service plan (IFSP) are not available, the
receiving regional center shall, within five business days from
receipt of the notice of relocation, provide comparable services
until a new IFSP meeting can be held to determine appropriate
services. In all cases, a new IFSP meeting shall be held within 30
days of receipt of the notice of relocation.

end insert begin insert

(C) (i) If additional consent is required before implementing
any services upon receiving the notice of transfer, the receiving
regional center shall immediately attempt to obtain consent from
the parent, guardian, or education rights holder, as applicable.
The attempts to obtain consent shall occur daily by telephone or
in writing on three consecutive business days after the notice of
transfer is received. All attempts to obtain consent shall be
documented in the consumer’s file.

end insert begin insert

(ii) After three failed attempts to obtain consent in the
consecutive three business days from the receipt of the notice of
transfer, the receiving regional center shall immediately do both
of the following:

end insert begin insert

(I) Appoint an interim surrogate parent pursuant to Section
303.422 of Title 34 of the Code of Federal Regulations and Section
52175 of Title 17 of the California Code of Regulations and give
preference to a current caregiver, relative, or other adult known
to the child over someone who is not known to the child.

end insert begin insert

(II) Provide written notice to the court of jurisdiction, to the
county social worker or county probation officer, as applicable,
and to the consumer’s attorney that an appointment of a new
educational rights holder may be necessary and that the receiving
regional center has appointed an interim surrogate parent.

end insert begin insert

(iii) The receiving regional center’s appointment of an interim
surrogate parent shall be temporary, and shall be superseded by
the court’s appointment of an education rights holder, pursuant
to subdivision (g) of Section 319, subdivision (a) of Section 361,
or subdivision (b) of Section 726, as applicable.

end insert begin insert

(D) If the receiving regional center has undertaken the
procedures described in clauses (i) and (ii) of subparagraph (C),
and has documented those efforts in the consumer’s case file, the
timeline for initiating services shall be eight business days from
the receipt of the notice of relocation.

end insert begin insert

(6) The regional center of origin and the consumer’s parent,
education rights holder, or developmental services decisionmaker,
as applicable, may agree that the regional center of origin will
continue to serve the consumer and not transfer the case to the
regional center in the consumer’s new catchment area only if the
regional center of origin continues to provide all of the services
in the consumer’s IPP or IFSP. The regional center of origin shall
notify the regional center in the consumer’s new catchment area
within two business days of the receipt of the notice of relocation
that the regional center of origin will continue to provide services
despite the consumer’s relocation.

end insert begin insert

(7) For purposes of this section, initiation of services means the
point at which the consumer begins to receive a particular service
and may include assessment procedures for services, if necessary,
if those services begin immediately following the completion of
the assessment.

end insert begin delete

(F)

end delete

begin insert (8) end insert  The begin delete requirements end delete begin insert procedures and timelines end insert set forth in
begin delete subparagraphs (A) end delete begin insert paragraphs (1) end insert to begin delete (E), end delete begin insert (7), end insert inclusive, begin insert as
applicable, end insert shall apply to local begin delete education end delete begin insert educational end insert agencies,
as set forth in Section 56426.10 of the Education Code.

(e) For purposes of this section, begin delete the term “consumer” shall refer end delete
begin insert the following definitions shall apply: end insert

begin insert (1) end insert begin insert   end insert begin insert “Consumer” refers end insert to individuals as defined in Section 4512
and any eligible infant or toddler, as defined in Section 95014 of
the Government Code.

begin insert

(2) “Notice of relocation” means a written notice informing a
regional center that currently serves a consumer described in
subdivision (d) that the consumer has been relocated to a foster
home that is located in a catchment area that is not served by that
regional center. “Notice of relocation” includes, at a minimum,
the consumer’s name, date of birth, and current address, and the
name of the consumer’s caregiver.

end insert begin insert

(3) “Notice of transfer” means a written notice that a consumer
described in paragraph (1) of subdivision (d) is transferring from
a regional center located in one catchment area to a regional
center located in a different catchment area and includes, at a
minimum, the following information:

end insert begin insert

(A) The consumer’s name and date of birth.

end insert begin insert

(B) The name and contact information of the consumer’s parent,
or the consumer’s education right holder or developmental services
decisionmaker, if applicable.

end insert begin insert

(C) The name and contact information for the consumer’s
current caregiver.

end insert begin insert

(D) A copy of the consumer’s current IFSP or IPP.

end insert

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.