BILL ANALYSIS �
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
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|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 |
|-----+--------------------------+-----+--------------------------|
| | | | |
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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
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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.
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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
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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
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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
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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.
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Analysis Prepared by : Myesha Jackson / HUM. S. / (916)
319-2089
FN: 0000645