BILL ANALYSIS Ó AB 1089 Page 1 ASSEMBLY THIRD READING AB 1089 (Ian Calderon) As Amended April 18, 2013 Majority vote HUMAN SERVICES 5-0 APPROPRIATIONS 17-0 ----------------------------------------------------------------- |Ayes:|Stone, Maienschein, |Ayes:|Gatto, Harkey, Bigelow, | | |Ammiano, | |Bocanegra, Bradford, Ian | | |Ian Calderon, Garcia | |Calderon, Campos, | | | | |Donnelly, Eggman, Gomez, | | | | |Hall, Rendon, Linder, | | | | |Pan, Quirk, Wagner, Weber | |-----+--------------------------+-----+--------------------------| | | | | | ----------------------------------------------------------------- SUMMARY : Establishes timelines and procedures for the transfer of responsibility and records, and the provision of early intervention and developmental services, to children in foster care who move from one regional center catchment area to another. Specifically, this bill : 1)Requires transfer procedures and timelines related to the provision of early education services by local education agencies (LEAs) and early intervention services by regional centers to be consistent with transfer requirements outlined in the Lanterman Act for purposes of providing consistent services to a foster child, as specified, who transfers from between regional centers, between LEAs, or from an LEA to a regional center catchment area in which there are no services available to the foster child through the LEA. 2)Requires a regional center, consistent with current law under the Lanterman Act, to provide interim early intervention services comparable to those outlined in a foster child's individualized family service plan (IFSP) if the child transfers from one regional center catchment area to another, regardless of whether the new regional center has deemed the child eligible for provision and payment of early intervention services. 3)Adds education rights holders for infants or toddlers who are eligible to receive early intervention services to the list of AB 1089 Page 2 representatives to whom confidential information and records pertaining to the intake, assessment and services, as specified, for persons with developmental disabilities may be disclosed. 4)Provides that any regional center consumer, infant or toddler receiving early intervention services who is a foster child, as specified, shall be entitled to a complete copy, at no charge, of his or her regional center records, under specified circumstances. 5)Establishes a number of requirements and responsibilities for regional centers when a foster child, as specified, who is a regional center consumer or an infant or toddler eligible for early intervention services, transfers from one regional center catchment area to another. 6)Establishes requirements and duties for LEAs, with respect to the transfer of services and the case file, consistent with those imposed on regional centers. EXISTING LAW : 1)Establishes the Lanterman Developmental Disabilities Services Act (Lanterman Act), under which the Department of Developmental Services (DDS) is authorized to contract with private non-profit regional centers to provide case management services and arrange for, or purchase, services that meet the individual needs and choices of each person with developmental disabilities, regardless of age or degree of disability, and at each stage of life, to support their integration into mainstream life in the community. 2)Requires the development of an individual program plan (IPP) for each regional center consumer, which specifies services to be provided to the consumer, based on his or her individualized needs determination and preferences, and defines that planning process as the vehicle to ensure that services and supports are customized to meet the needs of consumers who are served by regional centers. AB 1089 Page 3 3)Enacts, through federal law, the Early Intervention Program for Infants and Toddlers with Disabilities of 1986 under the Individuals with Disabilities Education Act (IDEA), and requires DDS, regional centers and LEAs to provide early intervention services to infants and toddlers with developmental delays, as specified. 4)Establishes that an infant or toddler under age three who is eligible for regional center services shall have an IFSP to direct services, as specified, and defines the types of services, supports and staffing that should be considered when creating the plan. 5)Provides that for infants and toddlers and their families who are eligible to receive services from both a regional center and a LEA, the regional center shall be the agency responsible for providing or purchasing appropriate early intervention services that are required under federal IDEA but are beyond the mandated responsibilities of LEAs. 6)Provides that a consumer who is or has been determined to be eligible for services by a regional center shall also be considered eligible by any other regional center if he or she has moved to another location within the state. 7)Provides that an individual who is determined by a regional center to have a developmental disability shall remain eligible for regional center services unless, upon conducting a comprehensive assessment, a regional center concludes that the original determination that the individual has a developmental disability is clearly erroneous. 8)Requires the level and types of services and supports specified in a consumer's IPP to be authorized and secured, if available, pending the development of a new IPP, whenever a consumer transfers from one regional center to another. 9)Establishes a statewide system of child welfare services, including foster care, under which county welfare departments are responsible for providing services to dependent children who are victims of, or substantial risk of, among other things, physical abuse, sexual abuse, exploitation, emotional damage or neglect due to a child's parent or guardian inflicting nonaccidental harm on the child or willfully AB 1089 Page 4 neglecting the child, or when parental rights have otherwise been terminated. 10)Requires regional centers to purchase or secure services that are contained in the IPPs or IFSPs of children who are regional center consumers and are receiving Aid to Families with Dependent Children-Foster Care (AFDC-FC) benefits, provided that the services are not already provided under federal or state AFDC-FC provisions, or Adoption Assistance Program (AAP) benefits. 11) Requires regional centers to assist county welfare and probation departments in identifying appropriate placement resources for children who are recipients of AFDC-FC and who are eligible for regional center services. FISCAL EFFECT : According to the Assembly Appropriations Committee this bill will likely not affect many children in the less populated areas of the state or in areas where multiple counties are covered by one regional center (such as the Sacramento region) because it is unlikely that a change in foster care placement will result in a change in the regional center catchment area. However, in Los Angeles and the Bay Area, multiple regional centers provide services to developmentally disabled children and adults. A child could easily be moved a very short distance and end up in a new catchment area. Requiring regional centers to expedite transfers and establish services within days, rather than within weeks, could result in cost pressure for regional centers that have taken cuts in funding over recent years. It is not unknown how much cost pressure this would create because it is difficult to know how many children might be affected. However, cost pressures could easily exceed $100,000 statewide. COMMENTS : This bill establishes timelines for the transfer of files and provision of services to children in foster care who are also receiving early intervention services and other developmental services through a regional center or local education agency. Additionally, this bill provides consumers and specified representatives access to a consumer's regional center records, free of charge, upon providing written notice that the records are needed for purposes of securing eligibility for a public benefits program. The author seeks to ensure timely access to needed interventions and services for AB 1089 Page 5 vulnerable foster youth who move from one placement to another. Developmental services : The Lanterman Act (Welfare and Institutions Code Section 4500 et seq.) guides the provision of services and supports for Californians with developmental disabilities. Each individual under the Lanterman Act, typically referred to as a "consumer," is legally entitled to treatment and habilitation services and supports in the least restrictive environment. Lanterman Act services are designed to enable all consumers to live more independent and productive lives in the community. Direct responsibility for implementation of the Lanterman Act service system is shared by DDS and 21 regional centers, which are private nonprofit entities that contract with DDS to carry out many of the state's responsibilities under the Lanterman Act. The principal roles of regional centers include intake and assessment, individualized program plan development, case management, and securing services through generic agencies or purchasing services provided by vendors. Regional centers also share primary responsibility with local education agencies (LEAs) for the provision of early intervention services under the California Early Intervention Services Act through Early Start. In this shared role, LEAs provide services for children with low-incidence disabilities (e.g., blindness, deafness, hard of hearing, orthopedic impairments). Regional centers serve nearly 260,000 consumers who receive services such as residential placements, supported living services, respite care, transportation, day treatment programs, work support programs, and various social and therapeutic programs. Approximately 1,600 consumers reside at one of California's four Developmental Centers-and one state-operated, specialized community facility-which provide 24-hour habilitation and medical and social treatment services. Transfers of regional center consumers : Current law requires a regional center that receives a consumer from another catchment area to authorize and pay for the same supports and services or supports and services that are comparable to those that the consumer was receiving under his or her IPP through the previous regional center, if they are available. This occurs while a new IPP meeting is pending, which is required to occur within 30 days if the services and supports provided for in the consumer's AB 1089 Page 6 IPP do not exist in the new catchment area. Statute also requires the regional center to provide alternative services and supports to meet the consumer's needs pending the development of a new IPP. This same process is also referenced in DDS regulations (California Code of Regulations (CCR) Title 17, Div. 2, Section 52111), with respect to the provision of services in an IFSP for babies and toddlers 0-3 years old. Need for the bill : According to DSS data from 2011, there were 1,650 children in foster care who received regional center services, also referred to as "dual agency" children. Because these children and youth are more likely to move than children who are not in foster care, and are more likely to move without warning, supporters of the bill contend that having a seamless process for transfer of the case file and continuity of services is especially important. Although current law and regulations outline the duties of the receiving regional center when a consumer transfers to ensure continuity of services to the extent possible, there are not any timelines provided in current law mandating a specific timeframe for the transfer of the case file or the actual initiation of services for that consumer. According to sponsors of the bill, this lack of specificity results in some foster youth waiting for services for up to six or nine months, if not longer. They additionally contend that this delay can be particularly detrimental for very young children whose services may mitigate further developmental delay, as well as older foster youth for whom continuity of services, especially if they are receiving behavioral intervention services, can play a major role in whether their new placement is successful. To provide for a more standardized process and avoid delays in service delivery, this bill requires a regional center receiving a foster youth who is transferring from another regional center to assign a service coordinator for that consumer within two business days of receipt of the physical case file, and commence the services indicated in the consumer's IPP or IFSP to within five business days of receiving notice of the relocation of that consumer. By also requiring LEAs to adhere to the same timelines for case transfer and provision of services as regional centers, the bill seeks to ensure application to young children with low-incidence disabilities and keep the coordinated approach to early intervention services intact. AB 1089 Page 7 Analysis Prepared by : Myesha Jackson / HUM. S. / (916) 319-2089 FN: 0000645