BILL NUMBER: AB 1089 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 17, 2013
AMENDED IN ASSEMBLY APRIL 18, 2013
INTRODUCED BY Assembly Member Ian Calderon
(Coauthors: Assembly Members Brown, Maienschein, 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 education educational 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 a consumer of regional center
services who have has an order
for foster care, are is awaiting foster
care placement, or are is placed in
out-of-home care, and other consumers of regional center
services and supports, transfer care transfers
between regional centers or local 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 educational agencies. Among other
things, the bill would require the county social worker
or county probation officer to immediately send a notice of
relocation, as defined, to the sending regional center
to notify the receiving regional center of the
relocation , and would require the sending regional
center to immediately send a notice of transfer, as defined, to the
receiving regional center , as specified. The
bill would specifically provide that these procedures and timelines
apply to local educational agencies. By imposing new duties and
a higher level of service on local entities
county employees , 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, or any
requested portion thereof, 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 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. (a) The transfer
procedures and timelines, as provided under subdivision (d) of
Section 4643.5 of the Welfare and Institutions Code, shall apply if
either of all of the following
apply to a child: conditions are met:
(1) If all of the following apply to a child:
(A)
( a) The child is under three years of age.
(B)
( b) The child has solely low-incidence
disabilities.
(C)
( c) The child is receiving services under
this part.
(D)
( d) The child has (i)
(1) an order for foster care placement, (ii)
(2) is awaiting foster care placement, or
(iii) (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.
(E)
( e) The child transfers between local
education educational agencies.
(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.
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 timelines, as provided under subdivision (d) of
Section 4643.5 of the Welfare and Institutions Code, shall apply if
either of the following
circumstances pertaining to an eligible infant or toddler are
present:
(i) The
that the child (I) (A)
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) (B)
transfers between regional centers or local education
educational agencies.
(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.
(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) (1) 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.
(v) Notwithstanding
(2) Notwithstanding subdivision
(a) of Section 4725 or any other law, any consumer or infant or
toddler receiving early intervention services who (1)
(A) has an order for foster care placement,
(2) (B) is awaiting foster care
placement, or (3) (C) 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 , attorney
, education rights holder, or developmental services
decisionmaker, to a complete copy, or any requested portion
thereof, 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. 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).
(w)
( v) 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
(IPP) shall be authorized and secured, if available, pending
the development of a new individual program plan
(IPP) 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 (IPP)
within 30 days. Prior to approval of the new individual
program plan (IPP) , the regional center shall
provide alternative services and supports that best meet the
individual program plan (IPP) 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) (1) If a consumer is transferring from
one regional center's catchment area to that of another
a different regional center's catchment
area and (1) (A) has an order for
foster care placement, (2) (B) is
awaiting foster care placement, or (3) (C)
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:
11400, paragraph (2) shall apply.
(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).
(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.
(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.
(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.
(B)
(3) The receiving regional center shall accept
financial responsibility for the consumer's case and notify the
caregiver , parent, if education rights have not been
terminated, educational rights holder or developmental services
decisionmaker, as applicable, county social
worker or county probation officer, as applicable, and county
placing agency of the assignment of a service coordinator, within two
business days of receipt of the physical file
notice of transfer .
(C) Services
(4) (A)
Notwithstanding subdivision (g) of Section 4646, services and
supports, as provided for in the consumer's current IFSP or
IPP, shall commence within five business days from the date
the sending regional center received the notice of relocation.
(D)
(B) If identical services to those provided in the
existing IFSP or IPP are not available, the
receiving regional center shall , within five business days of
the notice of relocation, provide comparable services until a
new IFSP or IPP meeting can be held to determine
appropriate services. In all cases, a new IPP meeting shall be
held within 30 calendar days after the notice of relocation is sent.
(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.
(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.
(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.
(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.
(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:
(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.
(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.
(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.
(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:
(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.
(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.
(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.
(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.
(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.
(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.
(F)
(8) The requirements procedures
and timelines set forth in subparagraphs (A)
paragraphs (1) to (E),
(7), inclusive, as applicable, shall apply to local
education educational agencies, as set
forth in Section 56426.10 of the Education Code.
(e) For purposes of this section, the term "consumer"
shall refer the following definitions shall apply:
(1) "Consumer" refers to
individuals as defined in Section 4512 and any eligible infant or
toddler, as defined in Section 95014 of the Government Code.
(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.
(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:
(A) The consumer's name and date of birth.
(B) The name and contact information of the consumer's parent, or
the consumer's education right holder or developmental services
decisionmaker, if applicable.
(C) The name and contact information for the consumer's current
caregiver.
(D) A copy of the consumer's current IFSP or IPP.
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.