Amended in Senate June 12, 2014

California Legislature—2013–14 Regular Session

Assembly BillNo. 1461


Introduced by Committee on Budget (Skinner (Chair), Bloom, Campos, Chesbro, Dababneh, Daly, Dickinson, Gordon, Jones-Sawyer, Mullin, Muratsuchi, Nazarian, Rodriguez, Stone, Ting, and Weber)

January 9, 2014


begin deleteAn act relating to the Budget Act of 2014. end deletebegin insertAn act to amend Section 854.1 of, and to amend, repeal, and add Section 95014 of, the Government Code, to amend Sections 1502 and 1524 of, to add Article 9.7 (commencing with Section 1567.80) to Chapter 3 of Division 2 of, and to add and repeal Article 9.5 (commencing with Section 1567.61) of Chapter 3 of Division 2 of, the Health and Safety Code, and to amend Sections 4418.25, 4418.7, 4474.2, 4474.3, 4514, 4519.6, 4648, 4659.1, 4681.6, 4691.6, 4691.9, 6504.5, and 6509 of, to amend, repeal, and add Section 7505 of, to add Section 4436 to, to add Article 8 (commencing with Section 4698) to Chapter 6 of Division 4.5 of, and to add and repeal Article 3.6 (commencing with Section 4684.80) of Chapter 6 of Division 4.5 of, the Welfare and Institutions Code, relating to developmental services, and making an appropriation therefor, to take effect immediately, bill related to the budget.end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 1461, as amended, Committee on Budget. begin deleteBudget Act of 2014. end deletebegin insertDevelopmental services.end insert

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(1) Existing law, the California Community Care Facilities Act, provides for the licensing and regulation of community care facilities, as defined, by the State Department of Social Services. A violation of the act is a misdemeanor.

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This bill would license as a community care facility an enhanced behavioral supports home, which is a facility certified by the State Department of Developmental Services and licensed by the State Department of Social Services as an adult residential facility or a group home, with a maximum of 4 clients, that provides 24-hour nonmedical care to individuals with developmental disabilities who require enhanced behavioral supports, staffing, and supervision in a homelike setting, and that is eligible for federal Medicaid funding. The bill would require the State Department of Developmental Services to establish a pilot program, until January 1, 2020, for the operation of up to 6 enhanced behavioral supports homes, as specified, each fiscal year in which the pilot program is in effect and to the extent funding is available. The bill would require an enhanced behavioral supports home to be certified by the State Department of Developmental Services, and its plan of operation approved by both the State Department of Developmental Services and the State Department of Social Services prior to being licensed as a community care facility.

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This bill would also include within the definition of a community care facility a community crisis home. The bill would define a community crisis home as a facility that has a maximum of 8 clients, conforms to certain federal regulations, is eligible for federal Medicaid home and community-based services funding, is certified by the State Department of Developmental Services, and is licensed by the State Department of Social Services as an adult residential facility. A community crisis home would provide 24-hour nonmedical care to individuals with developmental disabilities receiving regional center service, in need of crisis intervention services, and who would otherwise be at risk of admission to the acute crisis center at Fairview Developmental Center or Sonoma Developmental Center, an out-of-state placement, a general acute hospital, an acute psychiatric hospital, or an institution for mental disease.

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This bill would require the State Department of Developmental Services, using community placement plan funds, to establish a community-based residential option consisting of community crisis homes, as specified. The bill would authorize the State Department of Developmental Services to issue a certificate of program approval to a qualified community crisis home. The bill would also require a community crisis home to have been issued a certificate of program approval by the State Department of Developmental Services, and its plan of operation to have been approved by both the State Department of Developmental Services and the State Department of Social Services, prior to licensure by the State Department of Social Services as a community care facility. The bill would prohibit either the certificate or the license from being issued until the publication of emergency regulations by the State Department of Developmental Services, as provided.

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By expanding the definition of a community care facility, this bill would change the definition of an existing crime, creating a state-mandated local program.

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(2) Existing law establishes the State Department of Developmental Services and sets forth its powers and duties, including, but not limited to, the administration of state developmental centers and the administration and oversight of community programs providing services to consumers with developmental disabilities and their families.

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This bill would require the department to evaluate enhanced behavioral supports homes, community crisis homes, and the acute crisis centers at the Fairview Developmental Center and the Sonoma Developmental Center, and to provide the evaluations to the budget committees and appropriate policy committees of the Legislature, as specified. The bill would require the evaluation for each facility to include specified information, including, but not limited to, comparative summary information regarding the characteristics of the persons served and their immediate past residential settings.

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(3) Existing law specifies procedures for the commitment of persons with developmental disabilities to the department for purposes of placement and treatment, including, among others, that a written report be submitted to the court containing a specified evaluation of the person alleged to have a developmental disability. Existing law requires that treatment, services, and supports be provided in natural community settings to the maximum extent possible, and authorizes the department to contract with regional centers to provide services and supports to individuals with developmental disabilities.

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Under existing law, those services and supports are contained in an individual program plan, developed in accordance with prescribed requirements. Existing law also requires the department to establish a statewide specialized resource service to reduce reliance on out-of-state placements and developmental centers and mental health facilities for which federal funding is not available. Existing law requires regional centers to complete, and update annually as part of the individual program planning process for as long as the consumer resides in the developmental center, a comprehensive assessment of specified consumers residing in a developmental centers, and requires that this assessment be provided to the individual program planning team in order to assist the planning team in determining the least restrictive environment for the consumer. Under existing law, the regional center is required to also provide, to the extent appropriate, relevant information from the statewide specialized resource service to the individual program planning team. Existing law requires that the clients’ rights advocate for the regional center be notified of each individual program plan meeting that includes discussion of the results of the assessment, and authorizes the advocate to participate in the meeting unless the consumer objects on his or her own behalf.

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This bill would additionally require the regional center to provide the comprehensive assessment, or updated assessment, and relevant information from the statewide specialized resource service to the clients’ rights advocate for the regional center and the superior court with jurisdiction over the consumer’s placement at the developmental center, including the consumer’s attorney of record and other parties known to the regional center, as specified. The bill would require the comprehensive assessment, or updated assessment, to be provided to the court as part of the report described above in specified circumstances. The bill would also require the regional center to provide a copy of the most recent comprehensive assessment or updated assessment to notify the clients’ rights advocate of the time, date, and location of each individual program plan meeting that includes discussion of the results of the comprehensive assessment and updates to that assessment as soon as practicable following the completion of the comprehensive assessment or update and not less than 30 calendar days prior to the meeting.

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(4) Existing law requires the confidentiality of all information and records obtained in the course of providing intake, assessment, and services pursuant to specified provisions of existing law to persons with developmental disabilities and authorizes disclosure in certain cases, including to the courts and designated parties as part of a regional center report or assessment in compliance with specified statutory or regulatory requirements.

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This bill would authorize a regional center to, when a comprehensive assessment has been conducted or updated pursuant to specified provisions of existing law, provide the assessment to the regional center clients’ rights advocate.

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(5) Existing law requires a regional center to immediately notify the appropriate regional resource development project, the consumer, and the consumer’s parents, legal guardian, or conservator if the regional center determines, or is informed by the consumer’s parents, legal guardian, conservator, or authorized representative that the community placement of a consumer is at risk of failing, and that admittance to a state developmental center is a likelihood, or the regional center is notified by a court of a potential admission to a developmental center.

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This bill would additionally require the regional center to notify the clients’ rights advocate for the regional center in the circumstances described above.

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(6) Existing law generally prohibits a regional center from purchasing new residential services from institutions for mental disease, including in emergencies when a regional center cannot locate alternate services to meet the consumer’s needs. Existing law requires a regional center, as soon as possible within 30 days of admission due to an emergency, to complete an assessment and convene an individual program plan meeting immediately following the assessment, to determine the services and supports needed for stabilization and to develop a plan to transition the consumer from the facility to the community. Existing law requires the clients’ rights advocate to be notified of each admission and individual program planning meeting pursuant these provisions and authorizes the clients’ rights advocate to participate in all individual program planning meetings unless the consumer objects on his or her own behalf.

end insert
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This bill would require the notification to the clients’ rights advocate described above to be provided as soon as practicable, but not less than 7 calendar days prior to the meeting, and require the notification to include the date, time and location of the meeting.

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(7) Existing law, the California Early Intervention Services Act, provides a statewide system of coordinated, comprehensive, family-centered, multidisciplinary, and interagency programs that are responsible for providing appropriate early intervention services and support to all eligible infants and toddlers, as defined, and their families. The act requires these services to be provided pursuant to the existing regional center system under the Lanterman Developmental Disabilities Service Act, and further requires the regional centers to comply with that act and its implementing regulations, as specified.

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This bill would, beginning January 1, 2015, revise the definition of an eligible infant or toddler for purposes of eligibility for services.

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(8) Existing law authorizes a regional center to pay any applicable copayment or coinsurance for a service or support required by a consumer’s individual program plan if the service is paid for by the health care service plan or health insurance policy of the consumer or his or her parent, guardian, or caregiver and, among other conditions, the family or the consumer, as applicable, has an annual gross income that does not exceed 400% of the federal poverty level. Existing law prohibits a regional center from paying health care service plan or health insurance policy deductibles.

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This bill would delete that prohibition against payment of deductibles and would authorize a regional center to pay any applicable deductible for a service or support required by a consumer’s individual program plan if the support or service is paid for by the health care service plan or health insurance policy of the consumer or his or her parent, guardian, or caregiver, and other specified conditions are satisfied.

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(9) Existing law requires the department and regional centers to annually collaborate to determine the most appropriate methods to collect and compile meaningful data in a uniform manner, as specified, related to the payment of copayments and coinsurance by each regional center.

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This bill would also require the department and regional centers to include in that collaboration the most appropriate methods to collect and compile meaningful data in a uniform manner related to the payment of deductibles by each regional center.

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(10) Existing law prohibits the admission of a person to a developmental center except under certain circumstances, including when the person is experiencing an acute crisis and is committed by a court to the Fairview Developmental Center.

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This bill, commencing January 1, 2015, would additionally authorize the admission of a person to the acute crisis center at Sonoma Developmental Center upon commitment by a court due to an acute crisis. The bill would require the acute crisis center at the Fairview Developmental Center and the acute crisis center at the Sonoma Developmental Center to each consist of a unit that is distinct from other residential units in the developmental center and to each serve no more than 5 residents. The bill would authorize crisis center residents to participate in day, work, and recreation programs, and other developmental center facility activities, outside of the acute crisis unit, when the individual program plan identifies it is appropriate and consistent with the individual’s treatment plan. The bill would further require the acute crisis centers to assist the consumer with transitioning back to his or her residence, as specified.

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(11) Existing law details a process for the transition of an individual from a developmental center to a community living arrangement, including a requirement that the department provide followup services to help ensure a smooth transition to the community. Under existing law, whenever the State Department of Developmental Services proposes the closure of a developmental center, the department is required to submit a detailed plan to the Legislature by a specified date that includes a description of the services that will no longer be provided by the center and potential job opportunities for developmental center employees and other efforts made to mitigate the effect of the closure on employees. Existing law authorizes the department to operate a facility, provide employees to assist in the operation of a facility, or provide other necessary services if the department determines that the activity will assist in meeting the goal of the orderly closures of specified developmental centers and requires the department to annually prepare a report on the use of the department’s employees in this regard. Existing law makes specified public contracting conflict-of-interest provisions inapplicable to those employees.

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This bill would expand those provisions to authorize the department to operate a facility, provide employees to assist in the operation of a facility, or provide other necessary services and supports if the department determines that the activity will assist in meeting the goal of successfully transitioning developmental center residents to community living or deflecting the admission of individuals with developmental disabilities to a developmental center, an institution for mental disease, an out-of-state placement, a general acute care hospital, or an acute psychiatric hospital. The bill would require the department to annually prepare a report on the use of the department’s employees in this regard, and would exempt those employees from specified public contracting conflict-of-interest provisions. The bill would also require the report to include specified recommendations.

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(12) Existing law sets forth the rules relating to the liability of governmental agencies for tort injury caused by the action or omission of its officers or employees, including the operation of mental institutions or medical facilities. Existing law defines a mental institution or medical facility for purposes of those provisions to include a facility where a public employee provides services relating to the closure of specified developmental centers.

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This bill would expand the definition of a “mental institution” or “medical facility” for purposes of those provisions to include a facility where a public employee provides services and supports to individuals transitioning from a developmental center to the community or to individuals at risk of admission to a developmental center, an institution for mental disease, an out-of-state placement, a general acute care hospital, or an acute psychiatric hospital.

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(13) Existing law requires the department to enter into contracts with private nonprofit corporations to operate regional centers that provide community services and support for consumers and their families, including, but not limited to, residential placement. Existing law sets forth the department’s and the regional center’s authority to negotiate provider rates, and sets forth certain limitations. Existing law authorizes prescribed provider rate increases and prohibits others.

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Existing law, commencing July 1, 2014, increases the state minimum wage to no less than $9 per hour.

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This bill would, notwithstanding existing law, authorize adjustment in prescribed provider rates commencing July 1, 2014, as necessary to adjust employee wages to meet the new state minimum wage law.

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The bill would, commencing January 1, 2015, require an increase of the in-home respite service agency rate schedule and the rates for personal assistance and supported living services by 5.82%, subject to funding being specifically appropriated for these purposes, as specified.

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(14) The Budget Act of 2011 appropriated $2,289,463,000 to the State Department of Developmental Services for regional centers, payable from the General Fund.

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This bill would, notwithstanding any other law, provide that this appropriation is available for liquidation of encumbrances through June 30, 2015. The bill would also reappropriate the unencumbered balance of $13,048,000 of that appropriation for the purposes provided for in the appropriation and make that amount available for encumbrance or expenditure until June 30, 2015, and for liquidation through June 30, 2017.

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(15)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.

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This bill would provide that no reimbursement is required by this act for a specified reason.

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(16) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.

end insert
begin delete

This bill would express the intent of the Legislature to enact statutory changes relating to the Budget Act of 2014.

end delete

Vote: majority. Appropriation: begin deleteno end deletebegin insertyesend insert. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: begin deleteno end deletebegin insertyesend insert.

The people of the State of California do enact as follows:

P9    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 854.1 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
2to read:end insert

3

854.1.  

(a) It is the intent of the Legislature to ensure continuity
4of care forbegin delete clients of Agnews Developmental Centerend deletebegin insert individuals
5with developmental disabilities transitioning from a developmental
6center to the communityend insert
andbegin delete Lanterman Developmental Center.end delete
7begin insert to prevent the unnecessary institutionalization and hospitalization
8of these individuals.end insert

9(b) In the effort to achieve these goals, it is the intent of the
10Legislature to seek and implement recommendations that include
11all of the following services to retainbegin delete Agnews and Lantermanend delete
12begin insert developmental centerend insert staff as employees:

13(1) Crisis management teams that provide behavioral, medical,
14and dental treatment, training, and technical assistance.

15(2) Specialized services, including adaptive equipment design
16and fabrication, and medical, dental, psychological, and assessment
17services.

18(3) Staff support in community homes to assist individuals with
19behavioral or psychiatric needs.

20(c) As used in this chapter, the terms “mental institution” or
21“medical facility” also include a developmental services facility.
22For the purposes of this chapter “developmental services facility”
23means any facility or place where a public employee provides
24begin insert services and supports to individuals transitioning from aend insert
25 developmentalbegin delete services relatingend deletebegin insert centerend insert to thebegin delete closureend deletebegin insert community
26or to individuals with developmental disabilities at riskend insert
ofbegin delete Agnews
27Developmental Centerend delete
begin insert admission to a developmental center, an
28institution for mental disease, an out-of-state placement, a general
P10   1acute care hospital,end insert
orbegin delete Lanterman Developmental Center.end deletebegin insert an acute
2psychiatric hospital.end insert

3begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 95014 of the end insertbegin insertGovernment Codeend insertbegin insert is amended to
4read:end insert

5

95014.  

(a) The term “eligible infant or toddler” for the
6purposes of this title means infants and toddlers from birth through
7two years of age, for whom a need for early intervention services,
8as specified in the federal Individuals with Disabilities Education
9Act (20 U.S.C. Sec. 1431 et seq.) and applicable regulations, is
10documented by means of assessment and evaluation as required
11in Sections 95016 and 95018 and who meet one of the following
12criteria:

13(1) Infants and toddlers with a developmental delay in one or
14more of the following five areas: cognitive development; physical
15and motor development, including vision and hearing;
16communication development; social or emotional development;
17or adaptive development. Developmentally delayed infants and
18toddlers are those who are determined to have a significant
19difference between the expected level of development for their
20age and their current level of functioning. This determination shall
21be made by qualified personnel who are recognized by, or part of,
22a multidisciplinary team, including the parents. A significant
23difference is defined as a 33-percent delay in one developmental
24area before 24 months of age, or, at 24 months of age or older,
25either a delay of 50 percent in one developmental area or a
2633-percent delay in two or more developmental areas. The age for
27use in determination of eligibility for the Early Intervention
28Program shall be the age of the infant or toddler on the date of the
29initial referral to the Early Intervention Program.

30(2) Infants and toddlers with established risk conditions, who
31are infants and toddlers with conditions of known etiology or
32conditions with established harmful developmental consequences.
33The conditions shall be diagnosed by a qualified personnel
34recognized by, or part of, a multidisciplinary team, including the
35parents. The condition shall be certified as having a high
36probability of leading to developmental delay if the delay is not
37evident at the time of diagnosis.

38(b) Regional centers and local educational agencies shall be
39responsible for ensuring that eligible infants and toddlers are served
40as follows:

P11   1(1) The State Department of Developmental Services and
2regional centers shall be responsible for the provision of
3appropriate early intervention services that are required for
4California’s participation in Part C of the federal Individuals with
5Disabilities Education Act (20 U.S.C. Sec. 1431 et seq.) for all
6infants eligible under Section 95014, except for those infants with
7solely a visual, hearing, or severe orthopedic impairment, or any
8combination of those impairments, who meet the criteria in
9Sections 56026 and 56026.5 of the Education Code, and in Section
103030(a), (b), (d), or (e) of, and Section 3031 of, Title 5 of the
11California Code of Regulations.

12(2) The State Department of Education and local educational
13agencies shall be responsible for the provision of appropriate early
14intervention services in accordance with Part C of the federal
15Individuals with Disabilities Education Act (20 U.S.C. Sec. 1431
16et seq.) for infants with solely a visual, hearing, or severe
17orthopedic impairment, or any combination of those impairments,
18who meet the criteria in Sections 56026 and 56026.5 of the
19Education Code, and in Section 3030(a), (b), (d), or (e) of, and
20Section 3031 of, Title 5 of the California Code of Regulations,
21and who are not eligible for services under the Lanterman
22Developmental Disabilities Services Act (Division 4.5
23(commencing with Section 4500) of the Welfare and Institutions
24Code).

25(c) For infants and toddlers and their families who are eligible
26to receive services from both a regional center and a local
27educational agency, the regional center shall be the agency
28responsible for providing or purchasing appropriate early
29intervention services that are beyond the mandated responsibilities
30of local educational agencies and that are required for California’s
31participation in Part C of the federal Individuals with Disabilities
32Education Act (20 U.S.C. Sec. 1431 et seq.). The local educational
33agency shall provide special education services up to its funded
34program capacity as established annually by the State Department
35of Education in consultation with the State Department of
36Developmental Services and the Department of Finance.

37(d) No agency or multidisciplinary team, including any agency
38listed in Section 95012, shall presume or determine eligibility,
39including eligibility for medical services, for any other agency.
40However, regional centers and local educational agencies shall
P12   1coordinate intake, evaluation, assessment, and individualized
2family service plans for infants and toddlers and their families who
3are served by an agency.

4(e) Upon termination of the program pursuant to Section 95003,
5the State Department of Developmental Services shall be
6responsible for the payment of services pursuant to this title.

begin insert

7(f) This section shall remain in effect only until January 1, 2015,
8and as of that date is repealed, unless a later enacted statute, that
9is enacted before January 1, 2015, deletes or extends that date.

end insert
10begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 95014 is added to the end insertbegin insertGovernment Codeend insertbegin insert, to
11read:end insert

begin insert
12

begin insert95014.end insert  

(a) The term “eligible infant or toddler” for the
13purposes of this title means infants and toddlers from birth through
14two years of age, for whom a need for early intervention services,
15as specified in the federal Individuals with Disabilities Education
16Act (20 U.S.C. Sec. 1431 et seq.) and applicable regulations, is
17documented by means of assessment and evaluation as required
18in Sections 95016 and 95018 and who meet one of the following
19criteria:

20(1) Infants and toddlers with a developmental delay in one or
21more of the following five areas: cognitive development; physical
22and motor development, including vision and hearing;
23communication development; social or emotional development;
24or adaptive development. Developmentally delayed infants and
25toddlers are those who are determined to have a significant
26difference between the expected level of development for their age
27and their current level of functioning. This determination shall be
28made by qualified personnel who are recognized by, or part of, a
29multidisciplinary team, including the parents. A significant
30difference is defined as a 33-percent delay in one or more
31developmental areas.

32(2) Infants and toddlers with established risk conditions, who
33are infants and toddlers with conditions of known etiology or
34conditions with established harmful developmental consequences.
35The conditions shall be diagnosed by a qualified personnel
36recognized by, or part of, a multidisciplinary team, including the
37parents. The condition shall be certified as having a high
38probability of leading to developmental delay if the delay is not
39evident at the time of diagnosis.

P13   1(3) Infants and toddlers who are at high risk of having
2substantial developmental disability due to a combination of
3biomedical risk factors, the presence of which are diagnosed by
4qualified personnel recognized by, or part of, a multidisciplinary
5team, including the parents.

6(b) Regional centers and local educational agencies shall be
7responsible for ensuring that eligible infants and toddlers are
8served as follows:

9(1) The State Department of Developmental Services and
10regional centers shall be responsible for the provision of
11appropriate early intervention services that are required for
12California’s participation in Part C of the federal Individuals with
13Disabilities Education Act (20 U.S.C. Sec. 1431 et seq.) for all
14infants eligible under Section 95014, except for those infants with
15solely a visual, hearing, or severe orthopedic impairment, or any
16combination of those impairments, who meet the criteria in Sections
1756026 and 56026.5 of the Education Code, and in Section 3030(a),
18(b), (d), or (e) of, and Section 3031 of, Title 5 of the California
19Code of Regulations.

20(2) The State Department of Education and local educational
21agencies shall be responsible for the provision of appropriate early
22intervention services in accordance with Part C of the federal
23Individuals with Disabilities Education Act (20 U.S.C. Sec. 1431
24et seq.) for infants with solely a visual, hearing, or severe
25orthopedic impairment, or any combination of those impairments,
26who meet the criteria in Sections 56026 and 56026.5 of the
27Education Code, and in Section 3030(a), (b), (d), or (e) of, and
28Section 3031 of, Title 5 of the California Code of Regulations, and
29who are not eligible for services under the Lanterman
30Developmental Disabilities Services Act (Division 4.5 (commencing
31with Section 4500) of the Welfare and Institutions Code).

32(c) For infants and toddlers and their families who are eligible
33to receive services from both a regional center and a local
34educational agency, the regional center shall be the agency
35responsible for providing or purchasing appropriate early
36intervention services that are beyond the mandated responsibilities
37of local educational agencies and that are required for California’s
38participation in Part C of the federal Individuals with Disabilities
39Education Act (20 U.S.C. Sec. 1431 et seq.). The local educational
40agency shall provide special education services up to its funded
P14   1program capacity as established annually by the State Department
2of Education in consultation with the State Department of
3Developmental Services and the Department of Finance.

4(d) No agency or multidisciplinary team, including any agency
5listed in Section 95012, shall presume or determine eligibility,
6including eligibility for medical services, for any other agency.
7However, regional centers and local educational agencies shall
8coordinate intake, evaluation, assessment, and individualized
9family service plans for infants and toddlers and their families
10who are served by an agency.

11(e) Upon termination of the program pursuant to Section 95003,
12the State Department of Developmental Services shall be
13responsible for the payment of services pursuant to this title.

14(f) This section shall become operative on January 1, 2015.

end insert
15begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 1502 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is amended
16to read:end insert

17

1502.  

As used in this chapter:

18(a) “Community care facility” means any facility, place, or
19building that is maintained and operated to provide nonmedical
20residential care, day treatment, adult day care, or foster family
21agency services for children, adults, or children and adults,
22including, but not limited to, the physically handicapped, mentally
23impaired, incompetent persons, and abused or neglected children,
24and includes the following:

25(1) “Residential facility” means any family home, group care
26facility, or similar facility determined by the director, for 24-hour
27nonmedical care of persons in need of personal services,
28supervision, or assistance essential for sustaining the activities of
29daily living or for the protection of the individual.

30(2) “Adult day program” means any community-based facility
31or program that provides care to persons 18 years of age or older
32in need of personal services, supervision, or assistance essential
33for sustaining the activities of daily living or for the protection of
34these individuals on less than a 24-hour basis.

35(3) “Therapeutic day services facility” means any facility that
36provides nonmedical care, counseling, educational or vocational
37support, or social rehabilitation services on less than a 24-hour
38basis to persons under 18 years of age who would otherwise be
39placed in foster care or who are returning to families from foster
40care. Program standards for these facilities shall be developed by
P15   1the department, pursuant to Section 1530, in consultation with
2therapeutic day services and foster care providers.

3(4) “Foster family agency” means any organization engaged in
4the recruiting, certifying, and training of, and providing
5professional support to, foster parents, or in finding homes or other
6places for placement of children for temporary or permanent care
7who require that level of care as an alternative to a group home.
8Private foster family agencies shall be organized and operated on
9a nonprofit basis.

10(5) “Foster family home” means any residential facility
11providing 24-hour care for six or fewer foster children that is
12owned, leased, or rented and is the residence of the foster parent
13or parents, including their family, in whose care the foster children
14have been placed. The placement may be by a public or private
15child placement agency or by a court order, or by voluntary
16placement by a parent, parents, or guardian. It also means a foster
17family home described in Section 1505.2.

18(6) “Small family home” means any residential facility, in the
19licensee’s family residence, that provides 24-hour care for six or
20fewer foster children who have mental disorders or developmental
21or physical disabilities and who require special care and supervision
22as a result of their disabilities. A small family home may accept
23children with special health care needs, pursuant to subdivision
24(a) of Section 17710 of the Welfare and Institutions Code. In
25addition to placing children with special health care needs, the
26department may approve placement of children without special
27health care needs, up to the licensed capacity.

28(7) “Social rehabilitation facility” means any residential facility
29that provides social rehabilitation services for no longer than 18
30months in a group setting to adults recovering from mental illness
31who temporarily need assistance, guidance, or counseling. Program
32components shall be subject to program standards pursuant to
33Article 1 (commencing with Section 5670) of Chapter 2.5 of Part
342 of Division 5 of the Welfare and Institutions Code.

35(8) “Community treatment facility” means any residential
36facility that provides mental health treatment services to children
37in a group setting and that has the capacity to provide secure
38containment. Program components shall be subject to program
39standards developed and enforced by the State Department of
P16   1Health Care Services pursuant to Section 4094 of the Welfare and
2Institutions Code.

3Nothing in this section shall be construed to prohibit or
4discourage placement of persons who have mental or physical
5disabilities into any category of community care facility that meets
6the needs of the individual placed, if the placement is consistent
7with the licensing regulations of the department.

8(9) “Full-service adoption agency” means any licensed entity
9engaged in the business of providing adoption services, that does
10all of the following:

11(A) Assumes care, custody, and control of a child through
12relinquishment of the child to the agency or involuntary termination
13of parental rights to the child.

14(B) Assesses the birth parents, prospective adoptive parents, or
15child.

16(C) Places children for adoption.

17(D) Supervises adoptive placements.

18Private full-service adoption agencies shall be organized and
19operated on a nonprofit basis. As a condition of licensure to provide
20intercountry adoption services, a full-service adoption agency shall
21be accredited and in good standing according to Part 96 of Title
2222 of the Code of Federal Regulations, or supervised by an
23accredited primary provider, or acting as an exempted provider,
24in compliance with Subpart F (commencing with Section 96.29)
25of Part 96 of Title 22 of the Code of Federal Regulations.

26(10) “Noncustodial adoption agency” means any licensed entity
27engaged in the business of providing adoption services, that does
28all of the following:

29(A) Assesses the prospective adoptive parents.

30(B) Cooperatively matches children freed for adoption, who are
31under the care, custody, and control of a licensed adoption agency,
32for adoption, with assessed and approved adoptive applicants.

33(C) Cooperatively supervises adoptive placements with a
34full-service adoptive agency, but does not disrupt a placement or
35 remove a child from a placement.

36Private noncustodial adoption agencies shall be organized and
37operated on a nonprofit basis. As a condition of licensure to provide
38intercountry adoption services, a noncustodial adoption agency
39shall be accredited and in good standing according to Part 96 of
40Title 22 of the Code of Federal Regulations, or supervised by an
P17   1accredited primary provider, or acting as an exempted provider,
2in compliance with Subpart F (commencing with Section 96.29)
3of Part 96 of Title 22 of the Code of Federal Regulations.

4(11) “Transitional shelter care facility” means any group care
5facility that provides for 24-hour nonmedical care of persons in
6need of personal services, supervision, or assistance essential for
7sustaining the activities of daily living or for the protection of the
8individual. Program components shall be subject to program
9standards developed by the State Department of Social Services
10pursuant to Section 1502.3.

11(12) “Transitional housing placement provider” means an
12organization licensed by the department pursuant to Section
131559.110 and Section 16522.1 of the Welfare and Institutions Code
14to provide transitional housing to foster children at least 16 years
15of age and not more than 18 years of age, and nonminor
16dependents, as defined in subdivision (v) of Section 11400 of the
17Welfare and Institutions Code, to promote their transition to
18adulthood. A transitional housing placement provider shall be
19privately operated and organized on a nonprofit basis.

20(13) “Group home” means a residential facility that provides
2124-hour care and supervision to children, delivered at least in part
22by staff employed by the licensee in a structured environment. The
23care and supervision provided by a group home shall be
24nonmedical, except as otherwise permitted by law.

25(14) “Runaway and homeless youth shelter” means a group
26home licensed by the department to operate a program pursuant
27to Section 1502.35 to provide voluntary, short-term, shelter and
28personal services to runaway youth or homeless youth, as defined
29in paragraph (2) of subdivision (a) of Section 1502.35.

begin insert

30(15) “Enhanced behavioral supports home” means a facility
31certified by the State Department of Developmental Services
32pursuant to Article 3.6 (commencing with Section 4684.80) of
33Chapter 6 of Division 4.5 of the Welfare and Institutions Code,
34and licensed by the State Department of Social Services as an adult
35residential facility or a group home that provides 24-hour
36nonmedical care to individuals with developmental disabilities
37who require enhanced behavioral supports, staffing, and
38supervision in a homelike setting. An enhanced behavioral supports
39home shall have a maximum capacity of four consumers, shall
40conform to Section 441.530(a)(1) of Title 42 of the Code of Federal
P18   1Regulations, and shall be eligible for federal Medicaid home-and
2community-based services funding.

end insert
begin insert

3(16) “Community crisis home” means a facility certified by the
4State Department of Developmental Services pursuant to Article
58 (commencing with Section 4698) of Chapter 6 of Division 4.5 of
6the Welfare and Institutions Code, and licensed by the State
7Department of Social Services pursuant to Article 9.7 (commencing
8with Section 1567.80), as an adult residential facility, providing
924-hour nonmedical care to individuals with developmental
10disabilities receiving regional center service, in need of crisis
11intervention services, and who would otherwise be at risk of
12admission to the acute crisis center at Fairview Developmental
13Center, Sonoma Developmental Center, an acute general hospital,
14acute psychiatric hospital, an institution for mental disease, as
15described in Part 5 (commencing with Section 5900) of Division
165 of the Welfare and Institutions Code, or an out-of-state
17placement. A community crisis home shall have a maximum
18capacity of eight consumers, as defined in subdivision (a) of Section
191567.80, shall conform to Section 441.530(a)(1) of Title 42 of the
20Code of Federal Regulations, and shall be eligible for federal
21Medicaid home and community-based services funding.

end insert

22(b) “Department” or “state department” means the State
23Department of Social Services.

24(c) “Director” means the Director of Social Services.

25begin insert

begin insertSEC. 5.end insert  

end insert

begin insertSection 1524 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is amended
26to read:end insert

27

1524.  

A license shall be forfeited by operation of law when
28one of the following occurs:

29(a) The licensee sells or otherwise transfers the facility or facility
30property, except when change of ownership applies to transferring
31of stock when the facility is owned by a corporation, and when
32the transfer of stock does not constitute a majority change of
33ownership.

34(b) The licensee surrenders the license to the department.

35(c) (1) The licensee moves a facility from one location to
36another. The department shall develop regulations to ensure that
37the facilities are not charged a full licensing fee and do not have
38to complete the entire application process when applying for a
39license for the new location.

P19   1(2) This subdivision shall not apply to a licensed foster family
2home, a home certified by a licensed foster family agency, or a
3home approved pursuant to Sections 309, 361.4, and 361.45 of the
4Welfare and Institutions Code. When a foster family home licensee,
5certified home parent, or a person approved to care for children
6pursuant to Sections 309, 361.4, and 361.45 of the Welfare and
7Institutions Code moves to a new location, the existing license,
8certification, or approval may be transferred to the new location.
9All caregivers to whom this paragraph applies shall be required to
10meet all applicable licensing laws and regulations at the new
11location.

12(d) The licensee is convicted of an offense specified in Section
13220, 243.4, or 264.1, or paragraph (1) of Section 273a, Section
14273d, 288, or 289 of the Penal Code, or is convicted of another
15crime specified in subdivision (c) of Section 667.5 of the Penal
16Code.

17(e) The licensee dies. If an adult relative notifies the department
18of his or her desire to continue operation of the facility and submits
19an application, the department shall expedite the application. The
20department shall promulgate regulations for expediting applications
21submitted pursuant to this subdivision.

22(f) The licensee abandons the facility.

23(g) When the certification issued by the State Department of
24Developmental Services to a licensee of an Adult Residential
25Facility for Persons with Special Health Care Needs, licensed
26pursuant to Article 9 (commencing with Section 1567.50), is
27rescinded.

begin insert

28(h) When the certification issued by the State Department of
29Developmental Services to a licensee of an enhanced behavioral
30supports home, licensed pursuant to Article 9.5 (commencing with
31Section 1567.61), is rescinded.

end insert
begin insert

32(i) When the certificate of program approval issued by the State
33Department of Developmental Services, pursuant to Article 8
34(commencing with Section 4698) of Chapter 6 of Division 4.5 of
35the Welfare and Institutions Code, to a licensee of a community
36crisis home, licensed pursuant to Article 9.7 (commencing with
37Section 1567.80), is rescinded.

end insert
38begin insert

begin insertSEC. 6.end insert  

end insert

begin insertArticle 9.5 (commencing with Section 1567.61) is added
39to Chapter 3 of Division 2 of the end insert
begin insertHealth and Safety Codeend insertbegin insert, to read:end insert

begin insert

 

P20   1Article begin insert9.5.end insert  Enhanced Behavioral Supports Homes
2

 

3

begin insert1567.61.end insert  

As used in this article the following terms apply:

4(a) “Consumer” or “client” means an individual who has been
5determined by a regional center to meet the eligibility criteria of
6Section 4512 of the Welfare and Institutions Code and applicable
7regulations and for whom the regional center has accepted
8responsibility.

9(b) “Individual behavior supports plan” means the plan that
10identifies and documents the behavior and intensive support and
11service needs of a consumer and details the strategies to be
12employed and services to be provided to address those needs, and
13includes the entity responsible for providing those services and
14timelines for when each identified individual behavior support will
15 commence.

16(c) “Individual behavior supports team” means those individuals
17who develop, monitor, and revise the individual behavior supports
18plan for consumers residing in an enhanced behavioral supports
19home, pursuant to subdivision (d) of Section 4684.80 of the Welfare
20and Institutions Code.

21

begin insert1567.62.end insert  

(a) Each enhanced behavioral supports home shall
22be licensed as an adult residential facility or a group home and
23certified by the State Department of Developmental Services.

24(b) A certificate of program approval issued by the State
25Department of Developmental Services shall be a condition of
26licensure for the enhanced behavioral supports home by the State
27Department of Social Services.

28(c) An enhanced behavioral supports home shall not be licensed
29by the State Department of Social Services until the certificate of
30program approval, granted by the State Department of
31Developmental Services, has been received.

32(d) Placements of dual agency clients into enhanced behavioral
33supports homes that are licensed as group homes shall be subject
34to the limitations on the duration of the placement set forth in
35Sections 319.2 and 319.3 of, and subparagraph (A) of paragraph
36(8) and subparagraph (A) of paragraph (9) of subdivision (e) of
37Section 361.2 of, the Welfare and Institutions Code.

38(e) For the purpose of this article, dual agency clients are foster
39children in temporary custody of the child welfare agency under
40Section 319 of the Welfare and Institutions Code or under the
P21   1jurisdiction of the juvenile court pursuant to Section 300, 450,
2601, or 602 of the Welfare and Institutions Code who are also
3either a consumer of regional center services, or who are receiving
4services under the California Early Intervention Services Act (Title
514 (the age of commencing with Section 45000) of the Government
6Code) but who are under three years of age and have not yet been
7determined to have a developmental disability.

8(f) The State Department of Social Services shall not be
9responsible for any of the following:

10(1) Developing and approving a consumer’s individual behavior
11supports plan in conjunction with the consumer’s individual
12behavior supports team.

13(2) (A) Oversight of any services that may be provided by a
14licensed health professional or licensed mental health professional
15to a consumer.

16(B) Services provided by a licensed health or licensed mental
17health professional means services that may only be provided
18under the authority of the licensed health service provider’s or
19licensed mental health service provider’s professional license.

20(g) Subdivision (f) shall not limit the State Department of Social
21Services’ ability to enforce Chapter 3 (commencing with Section
221500), and applicable regulations.

23

begin insert1567.63.end insert  

The license applicant shall submit a facility program
24plan to the State Department of Developmental Services for
25approval and submit the approved plan to the State Department
26of Social Services as part of the facility plan of operation. The
27plan of operation shall be approved by the State Department of
28Social Services prior to licensure.

29

begin insert1567.64.end insert  

The State Department of Social Services shall adopt
30regulations to address, at a minimum, staffing structure, staff
31qualifications, and training. Training requirements shall include
32a minimum of 16 hours of emergency intervention training.
33“Emergency intervention training” means the techniques the
34licensee will use to prevent injury to, and maintain safety for,
35consumers who are a danger to themselves or others and shall
36emphasize positive behavioral supports and techniques that are
37alternatives to physical restraints.

38

begin insert1567.65.end insert  

If the State Department of Social Services determines
39that urgent action is necessary to protect a consumer residing in
40an enhanced behavioral supports home from physical or mental
P22   1abuse, abandonment, or any other substantial threat to their health
2and safety, the State Department of Social Services shall notify
3the State Department of Developmental Services. The State
4Department of Developmental Services may request that the
5regional center or centers take action within 24 hours, which may
6include, as appropriate, the removal of a consumer from the
7enhanced behavioral supports home or obtaining alternative or
8additional services. When possible, an individual program plan
9(IPP) meeting shall be convened to determine the appropriate
10action pursuant to this section. In any case, an IPP meeting shall
11be convened within 30 days following an action pursuant to this
12section.

13

begin insert1567.66.end insert  

An enhanced behavioral supports home employing
14secured perimeters shall comply with Section 1531.15 and
15applicable regulations.

16

begin insert1567.67.end insert  

(a) The State Department of Social Services shall
17revoke the enhanced behavioral supports home’s facility license
18if the State Department of Developmental Services has decertified
19an enhanced behavioral supports home program certification
20pursuant to Article 3.6 (commencing with Section 4684.80) of
21Chapter 6 of Division 4.5 of the Welfare and Institutions Code.

22(b) The State Department of Developmental Services and
23regional centers shall, for purposes of assisting in licensing,
24provide the State Department of Social Services with all available
25documentation and evidentiary support that was submitted to the
26State Department of Developmental Services in connection with
27certification by an applicant for licensure under this article.

28

begin insert1567.68.end insert  

(a) A license shall not be issued pursuant to this
29article before emergency regulations for this article filed by the
30State Department of Developmental Services have been published.

31(b) Emergency regulations to implement this article may be
32adopted by the director of the State Department of Social Services
33in accordance with the Administrative Procedure Act (Chapter
343.5 (commencing with Section 11340) of Part 1 of Division 3 of
35Title 2 of the Government Code). These regulations shall be
36developed in consultation with system stakeholders. The initial
37adoption of the emergency regulations and one readoption of the
38initial regulations shall be deemed to be an emergency and
39necessary for the immediate preservation of the public peace,
40health, safety, or general welfare. Initial emergency regulations
P23   1and the first readoption of those emergency regulations shall be
2exempt from review by the Office of Administrative Law. The
3emergency regulations authorized by this section shall be submitted
4to the Office of Administrative Law for filing with the Secretary
5of State and shall remain in effect for no more than 180 days.

6(c) The adoption, initial amendment, repeal, or readoption of
7a regulation authorized by this section is deemed to be an
8emergency and necessary for the immediate preservation of the
9public peace, health, safety, or general welfare for purposes of
10Sections 11346.1 and 11349.6 of the Government Code, and the
11State Department of Social Services is hereby exempted from the
12requirement that it describe specific facts showing the need for
13immediate action. A certificate of compliance for these
14implementing regulations shall be filed within 24 months following
15the adoption of the first emergency regulations filed pursuant to
16this section. The emergency regulations may be readopted and
17remain in effect until approval of the certificate of compliance.

18

begin insert1567.69.end insert  

Nothing in this article shall interfere with the
19authority of the State Department of Social Services to temporarily
20suspend or revoke the license of an enhanced behavioral supports
21home pursuant to Section 1550 of the Health and Safety Code.

22

begin insert1567.70.end insert  

This article shall remain in effect only until January
231, 2020, and as of that date is repealed, unless a later enacted
24statute, that is enacted before January 1, 2020, deletes or extends
25that date.

end insert
26begin insert

begin insertSEC. 7.end insert  

end insert

begin insertArticle 9.7 (commencing with Section 1567.80) is added
27to Chapter 3 of Division 2 of the end insert
begin insertHealth and Safety Codeend insertbegin insert, to read:end insert

begin insert

28 

29Article begin insert9.7.end insert  Community Crisis Home Licensure
30

 

31

begin insert1567.80.end insert  

For the purposes of this article, the following
32definitions apply:

33(a) “Consumer” or “client” means an individual who has been
34determined by a regional center to meet the eligibility criteria of
35Section 4512 of the Welfare and Institutions Code and applicable
36regulations, and for whom the regional center has accepted
37responsibility.

38(b) “Individual behavior support plan” means the plan that
39identifies and documents the behavioral and intensive support and
40service needs of a consumer and details the strategies to be
P24   1employed, and services to be provided, to address those needs,
2and includes the entity responsible for providing those services
3and timelines for when each identified individual behavioral
4support will commence.

5

begin insert1567.81.end insert  

(a) (1) Each community crisis home shall be licensed
6as an adult residential facility, pursuant to this article, and certified
7by the State Department of Developmental Services, pursuant to
8Article 8 (commencing with Section 4698) of Chapter 6 of Division
94.5 of the Welfare and Institutions Code.

10(2) Notwithstanding whether a community crisis home is licensed
11for more than six consumers, subdivisions (a) and (b) of Section
121524.5 shall apply.

13(b) A certificate of program approval issued by the State
14Department of Developmental Services, pursuant to Article 8
15(commencing with Section 4698) of Chapter 6 of Division 4.5 of
16the Welfare and Institutions Code, shall be a condition of licensure
17for the community crisis home by the State Department of Social
18Services.

19(c) A community crisis home shall not be licensed by the State
20Department of Social Services until the certificate of program
21approval, issued by the State Department of Developmental
22Services, has been received.

23(d) The State Department of Social Services shall not be
24responsible for any of the following:

25(1) Developing and approving a consumer’s individual behavior
26support plan in conjunction with the consumer’s individual
27behavior support team.

28(2) Oversight of any services that may be provided by a licensed
29health or licensed mental health professional to a consumer.
30“Services provided by a licensed health or licensed mental health
31 professional” means services that may only be provided under the
32authority of the licensed health or licensed mental health service
33provider’s professional license.

34(e) Subdivision (d) does not limit the State Department of Social
35Services’ ability to enforce this chapter and applicable regulations.

36

begin insert1567.82.end insert  

The State Department of Social Services’ regulations
37shall address at least both of the following:

38(a) Staffing structure, staff qualifications, and training.

39(b) Training requirements shall include a minimum of 16 hours
40 of emergency intervention training. “Emergency intervention
P25   1training” shall include the techniques the licensee will use to
2prevent injury and maintain safety regarding consumers who are
3a danger to self or others and shall emphasize positive behavioral
4supports and techniques that are alternatives to physical restraints.

5

begin insert1567.83.end insert  

(a) When the State Department of Social Services
6determines that urgent action is necessary to protect consumers
7residing in a community crisis home from physical or mental abuse,
8abandonment, or any other substantial threat to their health and
9safety, the State Department of Social Services shall notify the
10State Department of Developmental Services. The State Department
11of Developmental Services may request that the regional center
12or centers take action within 24 hours, which may include, as
13appropriate, the removal of a consumer from the community crisis
14home or obtaining alternative or additional services. When
15possible, an individual program plan (IPP) meeting shall be
16convened to determine the appropriate action pursuant to this
17section. In any case, an IPP meeting shall be convened within 30
18 days following an action pursuant to this section.

19(b) Nothing in this article shall interfere with the authority of
20the State Department of Social Services to temporarily suspend
21or revoke the license of a community crisis home pursuant to
22Section 1550.

23

begin insert1567.84.end insert  

The licensee shall submit the facility program plan
24approved by the State Department of Developmental Services,
25pursuant to Section 4698 of the Welfare and Institutions Code, to
26the State Department of Social Services as part of the facility plan
27of operation. The plan of operation shall be approved by the State
28Department of Social Services prior to licensure.

29

begin insert1567.85.end insert  

If applicable, a community crisis home shall be in
30compliance with Section 1531.15 and the applicable regulations.

31

begin insert1567.86.end insert  

(a) The State Department of Social Services shall
32revoke the community crisis home’s facility license if the State
33Department of Developmental Services has rescinded a community
34crisis home’s certificate of program approval.

35(b) The State Department of Developmental Services and
36regional centers shall provide the State Department of Social
37Services all available documentation and evidentiary support
38necessary for the licensing and administration of community crisis
39homes and enforcement of this article and the applicable
40regulations.

P26   1

begin insert1567.87.end insert  

(a) A license shall not be issued pursuant to this
2article until the publication in Title 17 of the California Code of
3Regulations of emergency regulations filed by the State Department
4of Developmental Services pursuant to Section 4698.1 of the
5Welfare and Institutions Code.

6(b) Emergency regulations to implement this article may be
7adopted by the Director of Social Services in accordance with the
8Administrative Procedure Act (Chapter 3.5 (commencing with
9Section 11340) of Part 1 of Division 3 of Title 2 of the Government
10Code). These emergency regulations shall be developed in
11consultation with system stakeholders. The initial adoption of the
12emergency regulations and one readoption of the initial regulations
13shall be deemed to be an emergency and necessary for the
14immediate preservation of the public peace, health and safety, or
15general welfare. Initial emergency regulations and the first
16readoption of those emergency regulations shall be exempt from
17review by the Office of Administrative Law. The emergency
18regulations authorized by this section shall be submitted to the
19Office of Administrative Law for filing with the Secretary of State
20and shall remain in effect for no more than 180 days.

21(c) The adoption, amendment, repeal, or readoption of a
22regulation authorized by this section is deemed to be an emergency
23and necessary for the immediate preservation of the public peace,
24health and safety, or general welfare for purposes of Sections
2511346.1 and 11349.6 of the Government Code, and the State
26Department of Social Services is hereby exempted from the
27requirement that it describe specific facts showing the need for
28immediate action. A certificate of compliance for these
29 implementing regulations shall be filed within 24 months following
30the adoption of the first emergency regulations filed pursuant to
31this section. The emergency regulations may be readopted and
32remain in effect until approval of the certificate of compliance.

end insert
33begin insert

begin insertSEC. 8.end insert  

end insert

begin insertSection 4418.25 of the end insertbegin insertWelfare and Institutions Codeend insert
34begin insert is amended to read:end insert

35

4418.25.  

(a) The department shall establish policies and
36procedures for the development of an annual community placement
37plan by regional centers. The community placement plan shall be
38based upon an individual program plan process as referred to in
39subdivision (a) of Section 4418.3 and shall be linked to the
40development of the annual state budget. The department’s policies
P27   1shall address statewide priorities, plan requirements, and the
2statutory roles of regional centers, developmental centers, and
3regional resource development projects in the process of assessing
4consumers for community living and in the development of
5community resources.

6(b) (1) To reduce reliance on developmental centers and mental
7health facilities, including institutions for mental disease as
8described in Part 5 (commencing with Section 5900) of Division
95, for which federal funding is not available, and out-of-state
10placements, the department shall establish a statewide specialized
11resource service that does all of the following:

12(A) Tracks the availability of specialty residential beds and
13services.

14(B) Tracks the availability of specialty clinical services.

15(C) Coordinates the need for specialty services and supports in
16conjunction with regional centers.

17(D) Identifies, subject to federal reimbursement, developmental
18center services and supports that can be made available to
19consumers residing in the community, when no other community
20resource has been identified.

21(2) By September 1, 2012, regional centers shall provide the
22department with information about all specialty resources
23developed with the use of community placement plan funds and
24shall make these resources available to other regional centers.

25(3) When allocating funding for community placement plans,
26priority shall be given to the development of needed statewide
27specialty services and supports, including regional community
28crisis homes.

29(4) If approved by the director, funding may be allocated to
30facilities that meet the criteria of Sections 1267.75 and 1531.15
31of the Health and Safety Code.

32(5) The department shall not provide community placement
33plan funds to develop programs that are ineligible for federal
34funding participation unless approved by the director.

35(c) (1) The community placement plan shall provide for
36dedicated funding for comprehensive assessments of developmental
37center residents, for identified costs of moving individuals from
38developmental centers to the community, and for deflection of
39individuals from developmental center admission. The plans shall,
40where appropriate, include budget requests for regional center
P28   1operations, assessments, resource development, and ongoing
2placement costs. These budget requests are intended to provide
3supplemental funding to regional centers. The plan is not intended
4to limit the department’s or regional centers’ responsibility to
5otherwise conduct assessments and individualized program
6planning, and to provide needed services and supports in the least
7restrictive, most integrated setting in accord with the Lanterman
8Developmental Disabilities Services Act (Division 4.5
9(commencing with Section 4500)).

10(2) (A) Regional centers shall complete a comprehensive
11assessment of any consumer residing in a developmental center
12on July 1, 2012, who meets both of the following criteria:

13(i) The consumer is not committed pursuant to Section 1370.1
14of the Penal Code.

15(ii) The consumer has not had such an assessment in the prior
16two years.

17(B) The assessment shall include input from the regional center,
18the consumer, and, when appropriate, the consumer’s family, legal
19guardian, conservator, or authorized representative, and shall
20identify the types of community-based services and supports
21available to the consumer that would enable the consumer to move
22to a community setting. Necessary services and supports not
23currently available in the community setting shall be considered
24for development pursuant to community placement planning and
25funding.

26(C) Regional centers shall specify in the annual community
27placement plan how they will complete the required assessment
28and the timeframe for completing the assessment for each
29consumer. Initial assessments pursuant to this paragraph for
30individuals residing in a developmental center on July 1, 2012,
31shall be completed by December 31, 2015, unless a regional center
32demonstrates to the department that an extension of time is
33necessary and the department grants such an extension.

begin insert

34(D) The assessment completed in the prior two years, or the
35assessment completed pursuant to the requirements of this section,
36including any updates pursuant to subparagraph (E), shall be
37provided to both of the following:

end insert
begin insert

38(i) The individual program planning team and clients’ rights
39advocate for the regional center in order to assist the planning
P29   1team in determining the least restrictive environment for the
2consumer.

end insert
begin insert

3(ii) The superior court with jurisdiction over the consumer’s
4placement at the developmental center, including the consumer’s
5attorney of record and other parties known to the regional center.
6For judicial proceedings pursuant to Article 2 (commencing with
7Section 6500) of Chapter 2 of Part 2 of Division 6, the
8comprehensive assessment shall be included in the regional
9center’s written report required by Section 6504.5. For all other
10proceedings, the regional center shall provide the comprehensive
11assessment to the court and parties to the case at least 14 days in
12advance of any regularly scheduled judicial review. This clause
13shall not apply to consumers committed pursuant to Section 1370.1
14of the Penal Code.

end insert
begin delete

15(D)

end delete

16begin insert(E)end insert Thebegin delete assessment completedend deletebegin insert assessments describedend insert inbegin delete the
17prior two years, or the assessment completed pursuant to the
18requirements of this sectionend delete
begin insert subparagraph (D)end insert shall bebegin delete provided
19to the individual program planning team in order to assist the
20planning team in determining the least restrictive environment for
21the consumer. These assessments shall beend delete
updated annually as part
22of the individual program planning process for as long as the
23consumer resides in the developmental center. To the extent
24appropriate, the regional center shall also provide relevant
25information from the statewide specialized resource service.begin delete Forend delete
26begin insert The regional center shall notify the clients’ rights advocate for the
27regional center of the time, date, and location ofend insert
each individual
28program plan meeting that includes discussion of the results of the
29begin delete assessment, the clients’ rights advocate for theend deletebegin insert comprehensive
30assessment and updates to that assessment. Theend insert
regional center
31shallbegin delete be notifiedend deletebegin insert provide this notice as soon as practicable
32following the completionend insert
of thebegin delete meetingend deletebegin insert comprehensive assessment
33or updateend insert
andbegin insert not less than 30 calendar days prior to the meeting.
34The clients’ rights advocateend insert
may participate in the meeting unless
35the consumer objects on his or her own behalf.

36(d) The department shall review, negotiate, and approve regional
37center community placement plans for feasibility and
38reasonableness, including recognition of each regional centers’
39current developmental center population and their corresponding
40placement level, as well as each regional centers’ need to develop
P30   1new and innovative service models. The department shall hold
2regional centers accountable for the development and
3implementation of their approved plans. The regional centers shall
4report, as required by the department, on the outcomes of their
5plans. The department shall make aggregate performance data for
6each regional center available, upon request, as well as data on
7admissions to, and placements from, each developmental center.

8(e) Funds allocated by the department to a regional center for
9a community placement plan developed under this section shall
10be controlled through the regional center contract to ensure that
11the funds are expended for the purposes allocated. Funds allocated
12for community placement plans that are not used for that purpose
13may be transferred to Item 4300-003-0001 for expenditure in the
14state developmental centers if their population exceeds the
15budgeted level. Any unspent funds shall revert to the General Fund.

16(f) Commencing May 1, 2013, and then on April 1, 2014, and
17on April 1 annually thereafter, the department shall provide to the
18fiscal and appropriate policy committees of the Legislature
19information on efforts to serve consumers with challenging service
20needs, including, but not limited to, all of the following:

21(1) For each regional center, the number of consumers admitted
22to each developmental center, including the legal basis for the
23admissions.

24(2) For each regional center, the number of consumers described
25in paragraph (2) of subdivision (a) of Section 7505 who were
26admitted to Fairview Developmental Center by court order pursuant
27to Article 2 (commencing with Section 6500) of Chapter 2 of Part
282 of Division 6, and the number and lengths of stay of consumers,
29including those who have transitioned back to a community living
30arrangement.

31(3) Outcome data related to the assessment process set forth in
32 Section 4418.7, including the number of consumers who received
33assessments pursuant to Section 4418.7 and the outcomes of the
34assessments. Each regional center, commencing March 1, 2013,
35and then on February 1, 2014, and on February 1 annually
36thereafter, shall provide the department with information on
37alternative community services and supports provided to those
38consumers who were able to remain in the community following
39the assessments, and the unmet service needs that resulted in any
40consumers being admitted to Fairview Developmental Center.

P31   1(4) Progress in the development of needed statewide specialty
2services and supports, including regional community crisis options,
3as provided in paragraph (3) of subdivision (b). Each regional
4center shall provide the department with a report containing the
5information described in this paragraph commencing March 1,
62013, and then on February 1, 2014, and on February 1 annually
7thereafter.

8(5) Progress in reducing reliance on mental health facilities
9ineligible for federal Medicaid funding, and out-of-state
10placements.

11(6) Information on the utilization of facilities serving consumers
12with challenging service needs that utilize delayed egress devices
13and secured perimeters, pursuant to Section 1267.75 or 1531.15
14of the Health and Safety Code, including the number of admissions,
15reasons for admissions, and lengths of stay of consumers, including
16those who have transitioned to less restrictive living arrangements.

17(7) If applicable, any recommendations regarding additional
18rate exceptions or modifications beyond those allowed for under
19existing law that the department identifies as necessary to meet
20the needs of consumers with challenging service needs.

21(g) Each regional center, commencing March 1, 2013, and then
22on February 1, 2014, and on February 1 annually thereafter, shall
23provide information to the department regarding the facilities
24described in paragraph (6) of subdivision (f), including, but not
25limited to, the number of admissions, reasons for admissions, and
26lengths of stay of consumers, including those who have transitioned
27to less restrictive living arrangements.

28begin insert

begin insertSEC. 9.end insert  

end insert

begin insertSection 4418.7 of the end insertbegin insertWelfare and Institutions Codeend insert
29begin insert is amended to read:end insert

30

4418.7.  

(a) begin insert (1)end insertbegin insertend insert If the regional center determines, or is
31informed by the consumer’s parents, legal guardian, conservator,
32or authorized representative that the community placement of a
33consumer is at risk of failing, and that admittance to a state
34developmental center is a likelihood, or the regional center is
35notified by a court of a potential admission to a developmental
36center consistent with Section 7505, the regional center shall
37immediately notify the appropriate regional resource development
38project, the consumer,begin delete andend delete the consumer’s parents, legal guardian,
39orbegin delete conservator.end deletebegin insert conservator, and the regional center clients’ rights
40advocate.end insert

begin insert

P32   1(2) For purposes of this section, notification to the clients’ rights
2advocate for the consumer’s regional center shall include a copy
3of the most recent comprehensive assessment or updated
4assessment, and the time, date, and location of an individual
5program plan meeting held pursuant to subdivision (b). The
6regional center shall provide this notice as soon as practicable
7but not less than 7 calendar days prior to the meeting.

end insert

8(b) In these cases, the regional resource development project
9shall immediately arrange for an assessment of the situation,
10including, visiting the consumer, if appropriate, determining
11barriers to successful integration, and recommending the most
12appropriate means necessary to assist the consumer to remain in
13the community. The regional center shall request assistance from
14the statewide specialized resource service pursuant to Section
154418.25 as necessary in order to determine the most appropriate
16means necessary to assist the consumer to remain in the community
17and shall provide the information obtained from the statewide
18specialized resource service to the regional resource developmental
19project. If, based on the assessment, the regional resource
20development project determines that additional or different services
21and supports are necessary, the department shall ensure that the
22regional center provides those services and supports on an
23emergency basis. An individual program plan meeting, including
24the regional resource development project’s representative, shall
25be convened as soon as possible to review the emergency services
26and supports and determine the consumer’s ongoing needs for
27services and supports. The regional resource development project
28shall follow up with the regional center as to the success of the
29recommended interventions until the consumer’s living
30arrangement is stable.

31(c) (1) If the regional resource development project determines,
32based on the assessment conducted pursuant to subdivision (b),
33that the consumer referred to the regional resource development
34project by the court cannot be safely served in the developmental
35center, the department shall notify the court in writing.

36(2) (A) If the regional resource development project, in
37consultation with the regional center, the consumer, and the
38consumer’s parents, legal guardian, or conservator, when
39appropriate, determines that admittance to a state developmental
40center is necessary due to an acute crisis, as defined in paragraph
P33   1(1) of subdivision (d), the regional center shall immediately pursue
2the obtainment of a court order for short-term admission and crisis
3stabilization.

4(B) (i) The regional resource development project, in
5consultation with the regional center, the consumer, and, when
6appropriate, the consumer’s parents, legal guardian, conservator,
7or authorized representative, shall not make a determination that
8admittance to a state developmental center is necessary due to an
9acute crisis as defined in paragraph (1) of subdivision (d) unless
10the determination includes a regional center report detailing all
11considered community-based services andbegin delete supportsend deletebegin insert supports,
12including a community crisis home certified pursuant to Article 8
13(commencing with Section 4698) of Chapter 6 of Division 4.5,end insert
and
14an explanation of why those options could not meet the consumer’s
15needs at the time of such a determination.

16(ii) For purposes of complying with clause (i), the regional
17center shall not be required to consider out-of-state placements or
18mental health facilities, including institutions for mental disease,
19as described in Part 5 (commencing with Section 5900) of Division
205, that are ineligible for federal Medicaid funding.

21(d) (1) For purposes of this section, an “acute crisis” means a
22situation in which the consumer meets the criteria of Section 6500
23 and, as a result of the consumer’s behavior, all of the following
24are met:

25(A) There is imminent risk for substantial harm to self or others.

26(B) The service and support needs of the consumer cannot be
27met in the community, including with supplemental services as
28set forth in subparagraph (E) of paragraph (9) of subdivision (a)
29of Section 4648 and emergency and crisis intervention services as
30set forth in paragraph (10) of subdivision (a) of Section 4648.

31(C) Due to serious and potentially life-threatening conditions,
32the consumer requires a more restrictive environment for crisis
33stabilization.

34(2) For purposes of paragraph (1), out-of-state placements or
35mental health facilities and other facilities, including institutions
36for mental disease, as described in Part 5 (commencing with
37Section 5900) of Division 5, for which federal Medicaid funding
38is not available, shall not be deemed to be supplemental services
39or emergency and crisis intervention services.

P34   1(e) When an admission occurs due to an acute crisis, all of the
2following shall apply:

3(1) As soon as possible following admission to a developmental
4center, a comprehensive assessment shall be completed by the
5regional center in coordination with the developmental center. The
6comprehensive assessment shall include the identification of the
7services and supports needed for crisis stabilization and the timeline
8for identifying or developing the services and supports needed to
9transition the consumer back to the community. The regional center
10shall immediately submit a copy of the comprehensive assessment
11to the committing court. Immediately following the assessment,
12and not later than 30 days following admission, the regional center
13and the developmental center shall jointly convene an individual
14program plan meeting to determine the services and supports
15needed for crisis stabilization and to develop a plan to transition
16the consumer into community living pursuant to Section 4418.3.
17The clients’ rights advocate for the regional center shall be notified
18of the admission and the individual program plan meeting and may
19participate in the individual program plan meeting unless the
20consumer objects on his or her own behalf.

21(2) If transition is not expected within 90 days of admission, an
22individual program plan meeting shall be held to discuss the status
23of transition and to determine if the consumer is still in need of
24crisis stabilization. If crisis services continue to be necessary, the
25regional center shall submit to the department an updated transition
26plan and a request for an extension of stay at the developmental
27center of up to 90 days.

28(3) (A) A consumer shall reside in the developmental center
29no longer than six months before being placed into a community
30living arrangement pursuant to Section 4418.3, unless, prior to the
31end of the six months, all of the following have occurred:

32(i) The regional center has conducted an additional
33comprehensive assessment based on information provided by the
34regional center, and the department determines that the consumer
35continues to be in an acute crisis.

36(ii) The individual program planning team has developed a plan
37that identifies the specific services and supports necessary to
38transition the consumer into the community, and the plan includes
39a timeline to obtain or develop those services and supports.

P35   1(iii) The committing court has reviewed and, if appropriate,
2extended the commitment.

3(B) The clients’ rights advocate for the regional center shall be
4notified of the proposed extension pursuant to clause (iii) of
5subparagraph (A) and the individual program plan meeting to
6consider the extension, and may participate in the individual
7program plan meeting unless the consumer objects on his or her
8own behalf.

9(C) (i) In no event shall a consumer’s placement at the
10developmental center exceed one year unless both of the following
11occur:

12(I) The regional center demonstrates significant progress toward
13implementing the plan specified in clause (ii) of subparagraph (A)
14identifying the specific services and supports necessary to transition
15the consumer into the community.

16(II) Extraordinary circumstances exist beyond the regional
17center’s control that have prevented the regional center from
18obtaining those services and supports within the timeline based
19on the plan.

20(ii) If both of the circumstances described in subclauses (I) and
21(II) exist, the regional center may request, and the committing
22court may grant, an additional extension of the commitment, not
23to exceed 30 days.

24(D) Consumers placed in the community after admission to a
25developmental center pursuant to this section shall be considered
26to have moved from a developmental center for purposes of Section
274640.6.

28(f) The department shall collect data on the outcomes of efforts
29to assist at-risk consumers to remain in the community. The
30 department shall make aggregate data on the implementation of
31the requirements of this section available, upon request.

32(g) begin insert (1)end insertbegin insertend insert Notwithstanding any other law or regulation,
33commencing July 1, 2012,begin insert and until December 31, 2014,end insert Fairview
34Developmental Center shall be the only developmental center
35authorized to admit a consumer pursuant to a court order for an
36acute crisis as described in this section.

begin insert

37(2) Commencing January 1, 2015, admissions to a
38 developmental center pursuant to a court order for an acute crisis
39as described in this section shall be limited to the acute crisis
P36   1center at the Fairview Developmental Center and the acute crisis
2center at the Sonoma Developmental Center.

end insert
begin insert

3(h) The acute crisis center at the Fairview Developmental Center
4and the acute crisis center at the Sonoma Developmental Center
5shall each consist of one unit that is distinct from other residential
6units at the developmental center and shall each serve no more
7than five consumers. Crisis center residents may participate in
8day, work, and recreation programs, and other developmental
9center facility activities, outside of the acute crisis unit, when the
10individual program plan identifies it is appropriate and consistent
11with the individual’s treatment plan. The acute crisis centers shall
12assist the consumer with transitioning back to his or her prior
13residence, or an alternative community-based residential setting,
14within the timeframe described in this section.

end insert
15begin insert

begin insertSEC. 10.end insert  

end insert

begin insertSection 4436 is added to the end insertbegin insertWelfare and Institutions
16Code
end insert
begin insert, to read:end insert

begin insert
17

begin insert4436.end insert  

(a) In order to provide the information necessary to
18assess the impact of implementing the recommendations of the
19report submitted by the California Health and Human Services
20Agency, pursuant to Section 14 of Chapter 25 of the Statutes of
212013, the State Department of Developmental Services shall
22evaluate enhanced behavioral supports homes, established
23pursuant to Article 3.6 (commencing with Section 4684.80) of
24Chapter 6 of Division 4.5, community crisis homes, established
25pursuant to Article 8 (commencing with Section 4698) of Chapter
266 of Division 4.5, and the acute crisis centers at the Fairview
27Developmental Center and the Sonoma Developmental Center, as
28described in subdivision (h) of Section 4418.7.

29(b) The evaluation for enhanced behavioral supports homes
30and community crisis homes shall include information, by regional
31center catchment area, regarding the number of homes approved,
32the number of homes opened, the number of beds, the number of
33placements in a home from outside the regional center catchment
34area, comparative summary information regarding the
35characteristics of the persons served in these homes, immediate
36past residential settings, vacancy rates, and the established fixed
37facility rates and individual rates.

38(c) The evaluation for community crisis homes and the acute
39crisis centers at the Fairview Developmental Center and the
40Sonoma Developmental Center shall include comparative
P37   1information regarding characteristics of the persons served,
2immediate past residential settings, staffing requirements, the
3average monthly occupancy, the average length of time to secure
4placement into the home or center, the average length of stay, the
5regional center of origin for placements, the number of placements
6from outside the regional center of origin, the number of
7individuals with multiple stays, the number of residents whose
8discharge was delayed due to the unavailability of a residential
9placement, and the per capita and total cost for each home or
10center.

11(d) The evaluation for enhanced behavioral supports homes
12shall also include the number of beds in the homes utilizing delayed
13egress devices in combination with secured perimeters, the extent
14to which the statewide limit established in regulation on the total
15number of beds permitted in homes with delayed egress devices
16in combination with secured perimeters is exceeded, the number
17of residents requiring out-of-home crisis intervention services, the
18nature of the services provided, and the ability of residents to
19return to the same home after temporary placement in another
20facility.

21(e) (1) Notwithstanding Section 10231.5 of the Government
22Code, the department shall provide the evaluations of enhanced
23behavioral supports homes and community crisis homes to the
24budget committees and appropriate policy committees of the
25Legislature annually, commencing on January 10 of the year after
26the first enhanced behavioral supports home or community crisis
27home is opened and services have commenced.

28(2) Notwithstanding Section 10231.5 of the Government Code,
29the department shall provide the evaluations for the acute crisis
30centers at the following facilities to the budget committees and
31appropriate policy committees of the Legislature annually:

32(A) The Fairview Developmental Center, commencing on
33January 10, 2015.

34(B) The Sonoma Developmental Center, commencing on January
35 10, 2016.

end insert
36begin insert

begin insertSEC. 11.end insert  

end insert

begin insertSection 4474.2 of the end insertbegin insertWelfare and Institutions Codeend insert
37begin insert is amended to read:end insert

38

4474.2.  

(a) Notwithstanding anybegin delete law toend deletebegin insert other law,end insert thebegin delete contrary,
39theend delete
department may operate any facility, provide its employees to
40assist in the operation of any facility, or provide other necessary
P38   1services and supports if, in the discretion of the department, it
2determines that the activity will assist in meeting the goal of
3begin insert successfully transitioning developmental center residents to
4community living or deflectingend insert
thebegin delete orderly closuresend deletebegin insert admissionend insert of
5begin delete Agnews Developmental Center and Lanterman Developmental
6Center.end delete
begin insert individuals with developmental disabilities to a
7developmental center, an institution for mental disease, an
8out-of-state placement, a general acute care hospital, or an acute
9psychiatric hospital.end insert
The department may contract with any entity
10for the use of the department’s employees to provide servicesbegin insert and
11supportsend insert
in furtherance ofbegin delete the orderly closures of Agnews
12Developmental Center and Lanterman Developmental Center.end delete
begin insert this
13goal.end insert

14(b) The department shall prepare a report on the use of the
15department’s employees in providing services in the community
16begin insert pursuantend insert tobegin delete assist in the orderly closures of Agnews Developmental
17Center and Lanterman Developmental Center.end delete
begin insert this section.end insert The
18report shall include data on the number and classification of state
19employees working in the community program. The report shall
20begin insert include recommendations on whether the program shouldend insert be
21begin insert continued or ways in which the program may be improved.
22Notwithstanding Section 10231.5 of the Government Code, the
23report shall beend insert
submitted with the Governor’s proposed budget
24for thebegin delete 2012-13end deletebegin insert 2015-16end insert fiscal year to the fiscal committees of
25both houses of the Legislature and annually thereafter.

26begin insert

begin insertSEC. 12.end insert  

end insert

begin insertSection 4474.3 of the end insertbegin insertWelfare and Institutions Codeend insert
27begin insert is amended to read:end insert

28

4474.3.  

The provisions of Section 10411 of the Public Contract
29Code shall not apply to any personbegin delete who, in connection with the
30closures of Agnews Developmental Center or Lanterman
31Developmental Center, provides developmental services.end delete
begin insert who
32provides developmental services and supports to individuals
33transitioning from a developmental center to community living or
34to individuals with developmental disabilities at risk of admission
35to a developmental center, an institution for mental disease, an
36out-of-state placement, a general acute care hospital, or an acute
37psychiatric hospital, pursuant to Section 4474.2.end insert

38begin insert

begin insertSEC. 13.end insert  

end insert

begin insertSection 4514 of the end insertbegin insertWelfare and Institutions Codeend insertbegin insert is
39amended to read:end insert

P39   1

4514.  

All information and records obtained in the course of
2providing intake, assessment, and services under Division 4.1
3(commencing with Section 4400), Division 4.5 (commencing with
4Section 4500), Division 6 (commencing with Section 6000), or
5Division 7 (commencing with Section 7100) to persons with
6developmental disabilities shall be confidential. Information and
7records obtained in the course of providing similar services to
8either voluntary or involuntary recipients prior to 1969 shall also
9be confidential. Information and records shall be disclosed only
10in any of the following cases:

11(a) In communications between qualified professional persons,
12whether employed by a regional center or state developmental
13center, or not, in the provision of intake, assessment, and services
14or appropriate referrals. The consent of the person with a
15developmental disability, or his or her guardian or conservator,
16shall be obtained before information or records may be disclosed
17by regional center or state developmental center personnel to a
18professional not employed by the regional center or state
19developmental center, or a program not vendored by a regional
20 center or state developmental center.

21(b) When the person with a developmental disability, who has
22the capacity to give informed consent, designates individuals to
23whom information or records may be released, except thatbegin delete nothing
24inend delete
this chapter shallbegin insert notend insert be construed to compel a physician and
25surgeon, psychologist, social worker, marriage and family therapist,
26professional clinical counselor, nurse, attorney, or other
27professional to reveal information that has been given to him or
28her in confidence by a family member of the person unless a valid
29release has been executed by that family member.

30(c) To the extent necessary for a claim, or for a claim or
31application to be made on behalf of a person with a developmental
32disability for aid, insurance, government benefit, or medical
33assistance to which he or she may be entitled.

34(d) If the person with a developmental disability is a minor,
35dependent ward, or conservatee, and his or her parent, guardian,
36conservator, limited conservator with access to confidential records,
37or authorized representative, designates, in writing, persons to
38whom records or information may be disclosed, except thatbegin delete nothing
39inend delete
this chapter shallbegin insert notend insert be construed to compel a physician and
40surgeon, psychologist, social worker, marriage and family therapist,
P40   1professional clinical counselor, nurse, attorney, or other
2professional to reveal information that has been given to him or
3her in confidence by a family member of the person unless a valid
4release has been executed by that family member.

5(e) For research,begin delete provided thatend deletebegin insert ifend insert the Director of Developmental
6Services designates by regulation rules for the conduct of research
7and requires the research to be first reviewed by the appropriate
8institutional review board or boards. These rules shall include, but
9need not be limited to, the requirement that all researchers shall
10sign an oath of confidentiality as follows:


11

 

   

Date

P40  1430P40  33

 

15As a condition of doing research concerning persons with
16developmental disabilities who have received services from ____
17(fill in the facility, agency or person), I, ____, agree to obtain the
18prior informed consent of persons who have received services to
19the maximum degree possible as determined by the appropriate
20institutional review board or boards for protection of human
21subjects reviewing my research, or the person’s parent, guardian,
22or conservator, and I further agree not to divulge any information
23obtained in the course of the research to unauthorized persons, and
24not to publish or otherwise make public any information regarding
25persons who have received services so those persons who received
26services are identifiable.

27I recognize that the unauthorized release of confidential
28information may make me subject to a civil action under provisions
29of the Welfare and Institutions Code.

 

   

Signed

P40  33

 

34(f) To the courts, as necessary to the administration of justice.

35(g) To governmental law enforcement agencies as needed for
36the protection of federal and state elective constitutional officers
37and their families.

38(h) To the Senate Committee on Rules or the Assembly
39Committee on Rules for the purposes of legislative investigation
40authorized by the committee.

P41   1(i) To the courts and designated parties as part of a regional
2center report or assessment in compliance with a statutory or
3regulatory requirement, including, but not limited to, Section
41827.5 of the Probate Code, Sections 1001.22 and 1370.1 of the
5Penal Code, and Section 6502 of the Welfare and Institutions Code.

6(j) To the attorney for the person with a developmental disability
7in any and all proceedings upon presentation of a release of
8information signed by the person, except that when the person
9lacks the capacity to give informed consent, the regional center or
10state developmental center director or designee, upon satisfying
11himself or herself of the identity of the attorney, and of the fact
12that the attorney represents the person, shall release all information
13and records relating to the person except thatbegin delete nothing inend delete this article
14shallbegin insert notend insert be construed to compel a physician and surgeon,
15psychologist, social worker, marriage and family therapist,
16professional clinical counselor, nurse, attorney, or other
17professional to reveal information that has been given to him or
18her in confidence by a family member of the person unless a valid
19release has been executed by that family member.

20(k) Upon written consent by a person with a developmental
21disability previously or presently receiving services from a regional
22center or state developmental center, the director of the regional
23center or state developmental center, or his or her designee, may
24release any information, except information that has been given
25in confidence by members of the family of the person with
26developmental disabilities, requested by a probation officer charged
27with the evaluation of the person after his or her conviction of a
28crime if the regional center or state developmental center director
29or designee determines that the information is relevant to the
30evaluation. The consent shall only be operative until sentence is
31passed on the crime of which the person was convicted. The
32confidential information released pursuant to this subdivision shall
33be transmitted to the court separately from the probation report
34and shall not be placed in the probation report. The confidential
35information shall remain confidential except for purposes of
36sentencing. After sentencing, the confidential information shall be
37sealed.

38(l) Between persons who are trained and qualified to serve on
39“multidisciplinary personnel” teams pursuant to subdivision (d)
40of Section 18951. The information and records sought to be
P42   1disclosed shall be relevant to the prevention, identification,
2 management, or treatment of an abused child and his or her parents
3pursuant to Chapter 11 (commencing with Section 18950) of Part
46 of Division 9.

5(m) When a person with a developmental disability dies from
6any cause, natural or otherwise, while hospitalized in a state
7developmental center, the State Department of Developmental
8Services, the physician and surgeon in charge of the client, or the
9professional in charge of the facility or his or her designee, shall
10release information and records to the coroner. The State
11Department of Developmental Services, the physician and surgeon
12in charge of the client, or the professional in charge of the facility
13or his or her designee, shall not release any notes, summaries,
14transcripts, tapes, or records of conversations between the resident
15and health professional personnel of the hospital relating to the
16personal life of the resident that is not related to the diagnosis and
17treatment of the resident’s physical condition. Any information
18released to the coroner pursuant to this section shall remain
19confidential and shall be sealed and shall not be made part of the
20public record.

21(n) To authorized licensing personnel who are employed by, or
22who are authorized representatives of, the State Department of
23Public Health, and who are licensed or registered health
24professionals, and to authorized legal staff or special investigators
25who are peace officers who are employed by, or who are authorized
26representatives of, the State Department of Social Services, as
27necessary to the performance of their duties to inspect, license,
28and investigate health facilities and community care facilities, and
29to ensure that the standards of care and services provided in these
30facilities are adequate and appropriate and to ascertain compliance
31with the rules and regulations to which the facility is subject. The
32confidential information shall remain confidential except for
33purposes of inspection, licensing, or investigation pursuant to
34Chapter 2 (commencing with Section 1250) and Chapter 3
35(commencing with Section 1500) of Division 2 of the Health and
36Safety Code, or a criminal, civil, or administrative proceeding in
37relation thereto. The confidential information may be used by the
38State Department of Public Health or the State Department of
39Social Services in a criminal, civil, or administrative proceeding.
40The confidential information shall be available only to the judge
P43   1or hearing officer and to the parties to the case. Namesbegin delete whichend deletebegin insert thatend insert
2 are confidential shall be listed in attachments separate to the general
3pleadings. The confidential information shall be sealed after the
4conclusion of the criminal, civil, or administrative hearings, and
5shall not subsequently be released except in accordance with this
6subdivision. If the confidential information does not result in a
7criminal, civil, or administrative proceeding, it shall be sealed after
8the State Department of Public Health or the State Department of
9Social Services decides that no further action will be taken in the
10matter of suspected licensing violations. Except as otherwise
11provided in this subdivision, confidential information in the
12possession of the State Department of Public Health or the State
13Department of Social Services shall not contain the name of the
14person with a developmental disability.

15(o) To any boardbegin delete whichend deletebegin insert thatend insert licenses and certifies professionals
16in the fields of mental health and developmental disabilities
17pursuant to state law, when the Director of Developmental Services
18has reasonable cause to believe that there has occurred a violation
19of any provision of law subject to the jurisdiction of a board and
20the records are relevant to the violation. The information shall be
21sealed after a decision is reached in the matter of the suspected
22violation, and shall not subsequently be released except in
23accordance with this subdivision. Confidential information in the
24possession of the board shall not contain the name of the person
25with a developmental disability.

26(p) begin insert (1)end insertbegin insertend insert To governmental law enforcement agencies by the
27director of a regional center or state developmental center, or his
28or her designee, when (1) the person with a developmental
29disability has been reported lost or missing or (2) there is probable
30cause to believe that a person with a developmental disability has
31committed, or has been the victim of, murder, manslaughter,
32mayhem, aggravated mayhem, kidnapping, robbery, carjacking,
33assault with the intent to commit a felony, arson, extortion, rape,
34forcible sodomy, forcible oral copulation, assault or battery, or
35unlawful possession of a weapon, as provided in any provision
36listed in Section 16590 of the Penal Code.

37begin insert (2)end insertbegin insertend insert This subdivision shall be limited solely to information
38directly relating to the factual circumstances of the commission
39of the enumerated offenses and shall not include any information
P44   1relating to the mental state of the patient or the circumstances of
2his or her treatment unless relevant to the crime involved.

3begin insert (3)end insertbegin insertend insert This subdivision shall not be construed as an exception to,
4or in any other way affecting, the provisions of Article 7
5(commencing with Section 1010) of Chapter 4 of Division 8 of
6the Evidence Code, or Chapter 11 (commencing with Section
715600) and Chapter 13 (commencing with Section 15750) of Part
83 of Division 9.

9(q) To the Division of Juvenile Facilities and Department of
10 Corrections and Rehabilitation or any component thereof, as
11necessary to the administration of justice.

12(r) To an agency mandated to investigate a report of abuse filed
13pursuant to either Section 11164 of the Penal Code or Section
1415630 of the Welfare and Institutions Code for the purposes of
15either a mandated or voluntary report or when those agencies
16request information in the course of conducting their investigation.

17(s) When a person with developmental disabilities, or the parent,
18guardian, or conservator of a person with developmental disabilities
19who lacks capacity to consent, fails to grant or deny a request by
20a regional center or state developmental center to release
21information or records relating to the person with developmental
22disabilities within a reasonable period of time, the director of the
23regional or developmental center, or his or her designee, may
24release information or records on behalf of that person provided
25both of the following conditions are met:

26(1) Release of the information or records is deemed necessary
27to protect the person’s health, safety, or welfare.

28(2) The person, or the person’s parent, guardian, or conservator,
29has been advised annually in writing of the policy of the regional
30center or state developmental center for release of confidential
31client information or records when the person with developmental
32disabilities, or the person’s parent, guardian, or conservator, fails
33to respond to a request for release of the information or records
34within a reasonable period of time. A statement of policy contained
35in the client’s individual program plan shall be deemed to comply
36with the notice requirement of this paragraph.

37(t) (1) When an employee is served with a notice of adverse
38action, as defined in Section 19570 of the Government Code, the
39following information and records may be released:

P45   1(A) All information and records that the appointing authority
2relied upon in issuing the notice of adverse action.

3(B) All other information and records that are relevant to the
4adverse action, or that would constitute relevant evidence as
5defined in Section 210 of the Evidence Code.

6(C) The information described in subparagraphs (A) and (B)
7may be released only if both of the following conditions are met:

8(i) The appointing authority has provided written notice to the
9consumer and the consumer’s legal representative or, if the
10consumer has no legal representative or if the legal representative
11 is a state agency, to the clients’ rights advocate, and the consumer,
12the consumer’s legal representative, or the clients’ rights advocate
13has not objected in writing to the appointing authority within five
14business days of receipt of the notice, or the appointing authority,
15upon review of the objection has determined that the circumstances
16on which the adverse action is based are egregious or threaten the
17health, safety, or life of the consumer or other consumers and
18without the information the adverse action could not be taken.

19(ii) The appointing authority, the person against whom the
20adverse action has been taken, and the person’s representative, if
21any, have entered into a stipulation that does all of the following:

22(I) Prohibits the parties from disclosing or using the information
23or records for any purpose other than the proceedings for which
24the information or records were requested or provided.

25(II) Requires the employee and the employee’s legal
26representative to return to the appointing authority all records
27provided to them under this subdivision, including, but not limited
28to, all records and documents or copies thereof that are no longer
29in the possession of the employee or the employee’s legal
30representative because they were from any source containing
31confidential information protected by this section, and all copies
32of those records and documents, within 10 days of the date that
33the adverse action becomes final except for the actual records and
34documents submitted to the administrative tribunal as a component
35of an appeal from the adverse action.

36(III) Requires the parties to submit the stipulation to the
37administrative tribunal with jurisdiction over the adverse action
38at the earliest possible opportunity.

39(2) For the purposes of this subdivision, the State Personnel
40Board may, prior to any appeal from adverse action being filed
P46   1with it, issue a protective order, upon application by the appointing
2authority, for the limited purpose of prohibiting the parties from
3disclosing or using information or records for any purpose other
4than the proceeding for which the information or records were
5requested or provided, and to require the employee or the
6employee’s legal representative to return to the appointing authority
7all records provided to them under this subdivision, including, but
8not limited to, all records and documents from any source
9containing confidential information protected by this section, and
10all copies of those records and documents, within 10 days of the
11date that the adverse action becomes final, except for the actual
12records and documents that are no longer in the possession of the
13employee or the employee’s legal representatives because they
14were submitted to the administrative tribunal as a component of
15an appeal from the adverse action.

16(3) Individual identifiers, including, but not limited to, names,
17social security numbers, and hospital numbers, that are not
18necessary for the prosecution or defense of the adverse action,
19shall not be disclosed.

20(4) All records, documents, or other materials containing
21confidential information protected by this section that have been
22submitted or otherwise disclosed to the administrative agency or
23other person as a component of an appeal from an adverse action
24shall, upon proper motion by the appointing authority to the
25administrative tribunal, be placed under administrative seal and
26shall not, thereafter, be subject to disclosure to any person or entity
27except upon the issuance of an order of a court of competent
28jurisdiction.

29(5) For purposes of this subdivision, an adverse action becomes
30final when the employee fails to answer within the time specified
31in Section 19575 of the Government Code, or, after filing an
32answer, withdraws the appeal, or, upon exhaustion of the
33administrative appeal or of the judicial review remedies as
34otherwise provided by law.

35(u) To the person appointed as the developmental services
36decisionmaker for a minor, dependent, or ward pursuant to Section
37319, 361, or 726.

38(v) To a protection and advocacy agency established pursuant
39to Section 4901, to the extent that the information is incorporated
40within any of the following:

P47   1(1) An unredacted facility evaluation report form or an
2unredacted complaint investigation report form of the State
3Department of Social Services. This information shall remain
4confidential and subject to the confidentiality requirements of
5subdivision (f) of Section 4903.

6(2) An unredacted citation report, unredacted licensing report,
7unredacted survey report, unredacted plan of correction, or
8unredacted statement of deficiency of the State Department of
9Public Health, prepared by authorized licensing personnel or
10authorized representatives described in subdivision (n). This
11information shall remain confidential and subject to the
12confidentiality requirements of subdivision (f) of Section 4903.

begin insert

13(w) When a comprehensive assessment is conducted or updated
14pursuant to Section 4418.25, 4418.7, or 4648, a regional center
15is authorized to provide the assessment to the regional center
16clients’ rights advocate, who provides service pursuant to Section
174433.

end insert
18begin insert

begin insertSEC. 14.end insert  

end insert

begin insertSection 4519.6 of the end insertbegin insertWelfare and Institutions Codeend insert
19begin insert is amended to read:end insert

20

4519.6.  

The department and the regional centers shall annually
21collaborate to determine the most appropriate methods to collect
22and compile meaningful data in a uniform manner, as specified in
23Section 4519.5, related to the payment ofbegin delete copaymentsend deletebegin insert copayments,
24coinsurance,end insert
andbegin delete coinsuranceend deletebegin insert deductiblesend insert by each regional center.

25begin insert

begin insertSEC. 15.end insert  

end insert

begin insertSection 4648 of the end insertbegin insertWelfare and Institutions Codeend insertbegin insert is
26amended to read:end insert

27

4648.  

In order to achieve the stated objectives of a consumer’s
28individual program plan, the regional center shall conduct activities,
29including, but not limited to, all of the following:

30(a) Securing needed services and supports.

31(1) It is the intent of the Legislature that services and supports
32assist individuals with developmental disabilities in achieving the
33greatest self-sufficiency possible and in exercising personal
34choices. The regional center shall secure services and supports
35that meet the needs of the consumer, as determined in the
36consumer’s individual program plan, and within the context of the
37individual program plan, the planning team shall give highest
38preference to those services and supports which would allow
39minors with developmental disabilities to live with their families,
40adult persons with developmental disabilities to live as
P48   1independently as possible in the community, and that allow all
2consumers to interact with persons without disabilities in positive,
3meaningful ways.

4(2) In implementing individual program plans, regional centers,
5through the planning team, shall first consider services and supports
6in natural community, home, work, and recreational settings.
7Services and supports shall be flexible and individually tailored
8to the consumer and, where appropriate, his or her family.

9(3) A regional center may, pursuant to vendorization or a
10contract, purchase services or supports for a consumer from any
11individual or agency which the regional center and consumer or,
12where appropriate, his or her parents, legal guardian, or
13conservator, or authorized representatives, determines will best
14accomplish all or any part of that consumer’s program plan.

15(A) Vendorization or contracting is the process for identification,
16selection, and utilization of service vendors or contractors, based
17on the qualifications and other requirements necessary in order to
18provide the service.

19(B) A regional center may reimburse an individual or agency
20for services or supports provided to a regional center consumer if
21the individual or agency has a rate of payment for vendored or
22contracted services established by the department, pursuant to this
23division, and is providing services pursuant to an emergency
24vendorization or has completed the vendorization procedures or
25has entered into a contract with the regional center and continues
26to comply with the vendorization or contracting requirements. The
27director shall adopt regulations governing the vendorization process
28to be utilized by the department, regional centers, vendors and the
29individual or agency requesting vendorization.

30(C) Regulations shall include, but not be limited to: the vendor
31application process, and the basis for accepting or denying an
32application; the qualification and requirements for each category
33of services that may be provided to a regional center consumer
34through a vendor; requirements for emergency vendorization;
35procedures for termination of vendorization; the procedure for an
36individual or an agency to appeal any vendorization decision made
37by the department or regional center.

38(D) A regional center may vendorize a licensed facility for
39exclusive services to persons with developmental disabilities at a
40capacity equal to or less than the facility’s licensed capacity. A
P49   1facility already licensed on January 1, 1999, shall continue to be
2vendorized at their full licensed capacity until the facility agrees
3to vendorization at a reduced capacity.

4(E) Effective July 1, 2009, notwithstanding any other provision
5of law or regulation to the contrary, a regional center shall not
6newly vendor a State Department of Social Services licensed
724-hour residential care facility with a licensed capacity of 16 or
8more beds, unless the facility qualifies for receipt of federal funds
9under the Medicaid Program.

10(4) Notwithstanding subparagraph (B) of paragraph (3), a
11regional center may contract or issue a voucher for services and
12supports provided to a consumer or family at a cost not to exceed
13the maximum rate of payment for that service or support
14established by the department. If a rate has not been established
15by the department, the regional center may, for an interim period,
16contract for a specified service or support with, and establish a
17rate of payment for, any provider of the service or support
18necessary to implement a consumer’s individual program plan.
19Contracts may be negotiated for a period of up to three years, with
20annual review and subject to the availability of funds.

21(5) In order to ensure the maximum flexibility and availability
22of appropriate services and supports for persons with
23developmental disabilities, the department shall establish and
24maintain an equitable system of payment to providers of services
25and supports identified as necessary to the implementation of a
26consumers’ individual program plan. The system of payment shall
27include provision for a rate to ensure that the provider can meet
28the special needs of consumers and provide quality services and
29supports in the least restrictive setting as required by law.

30(6) The regional center and the consumer, or where appropriate,
31his or her parents, legal guardian, conservator, or authorized
32representative, including those appointed pursuant to subdivision
33(d) of Section 4548, subdivision (b) of Section 4701.6, or
34subdivision (e) of Section 4705, shall, pursuant to the individual
35program plan, consider all of the following when selecting a
36provider of consumer services and supports:

37(A) A provider’s ability to deliver quality services or supports
38which can accomplish all or part of the consumer’s individual
39program plan.

P50   1(B) A provider’s success in achieving the objectives set forth
2in the individual program plan.

3(C) Where appropriate, the existence of licensing, accreditation,
4or professional certification.

5(D) The cost of providing services or supports of comparable
6quality by different providers, if available, shall be reviewed, and
7the least costly available provider of comparable service, including
8the cost of transportation, who is able to accomplish all or part of
9the consumer’s individual program plan, consistent with the
10particular needs of the consumer and family as identified in the
11individual program plan, shall be selected. In determining the least
12costly provider, the availability of federal financial participation
13shall be considered. The consumer shall not be required to use the
14least costly provider if it will result in the consumer moving from
15an existing provider of services or supports to more restrictive or
16less integrated services or supports.

17(E) The consumer’s choice of providers, or, where appropriate,
18the consumer’s parent’s, legal guardian’s, authorized
19representative’s, or conservator’s choice of providers.

20(7) No service or support provided by any agency or individual
21shall be continued unless the consumer or, where appropriate, his
22or her parents, legal guardian, or conservator, or authorized
23representative, including those appointed pursuant to subdivision
24(d) of Section 4548, subdivision (b) of Section 4701.6, or
25subdivision (e) of Section 4705, is satisfied and the regional center
26and the consumer or, when appropriate, the person’s parents or
27legal guardian or conservator agree that planned services and
28supports have been provided, and reasonable progress toward
29objectives have been made.

30(8) Regional center funds shall not be used to supplant the
31budget of any agency that has a legal responsibility to serve all
32members of the general public and is receiving public funds for
33providing those services.

34(9) (A) A regional center may, directly or through an agency
35acting on behalf of the center, provide placement in, purchase of,
36or follow-along services to persons with developmental disabilities
37in, appropriate community living arrangements, including, but not
38limited to, support service for consumers in homes they own or
39lease, foster family placements, health care facilities, and licensed
40community care facilities. In considering appropriate placement
P51   1alternatives for children with developmental disabilities, approval
2by the child’s parent or guardian shall be obtained before placement
3is made.

4(B) Effective July 1, 2012, notwithstanding any other law or
5regulation to the contrary, a regional center shall not purchase
6residential services from a State Department of Social Services
7licensed 24-hour residential care facility with a licensed capacity
8of 16 or more beds. This prohibition on regional center purchase
9of residential services shall not apply to any of the following:

10(i) A residential facility with a licensed capacity of 16 or more
11beds that has been approved to participate in the department’s
12Home and Community Based Services Waiver or another existing
13waiver program or certified to participate in the Medi-Cal program.

14(ii) A residential facility service provider that has a written
15agreement and specific plan prior to July 1, 2012, with the
16vendoring regional center to downsize the existing facility by
17transitioning its residential services to living arrangements of 15
18beds or less or restructure the large facility to meet federal
19Medicaid eligibility requirements on or before June 30, 2013.

20(iii) A residential facility licensed as a mental health
21rehabilitation center by the State Department of Mental Health or
22successor agency under any of the following circumstances:

23(I) The facility is eligible for Medicaid reimbursement.

24(II) The facility has a department-approved plan in place by
25June 30, 2013, to transition to a program structure eligible for
26federal Medicaid funding, and this transition will be completed by
27June 30, 2014. The department may grant an extension for the date
28by which the transition will be completed if the facility
29demonstrates that it has made significant progress toward transition,
30and states with specificity the timeframe by which the transition
31will be completed and the specified steps that will be taken to
32accomplish the transition. A regional center may pay for the costs
33of care and treatment of a consumer residing in the facility on June
3430, 2012, until June 30, 2013, inclusive, and, if the facility has a
35department-approved plan in place by June 30, 2013, may continue
36to pay the costs under this subparagraph until June 30, 2014, or
37until the end of any period during which the department has granted
38an extension.

39(III) There is an emergency circumstance in which the regional
40center determines that it cannot locate alternate federally eligible
P52   1services to meet the consumer’s needs. Under such an emergency
2circumstance, an assessment shall be completed by the regional
3center as soon as possible and within 30 days of admission. An
4individual program plan meeting shall be convened immediately
5following the assessment to determine the services and supports
6needed for stabilization and to develop a plan to transition the
7consumer from the facility into the community. If transition is not
8expected within 90 days of admission, an individual program plan
9meeting shall be held to discuss the status of transition and to
10determine if the consumer is still in need of placement in the
11facility. Commencing October 1, 2012, this determination shall
12be made after also considering resource options identified by the
13statewide specialized resource service. If it is determined that
14emergency services continue to be necessary, the regional center
15shall submit an updated transition plan that can cover a period of
16up to 90 days. In no event shall placements under these emergency
17circumstances exceed 180 days.

18(C) (i) Effective July 1, 2012, notwithstanding any other law
19or regulation to the contrary, a regional center shall not purchase
20new residential services from, or place a consumer in, institutions
21for mental disease, as described in Part 5 (commencing with
22Section 5900) of Division 5, for which federal Medicaid funding
23is not available. Effective July 1, 2013, this prohibition applies
24regardless of the availability of federal funding.

25(ii) The prohibition described in clause (i) shall not apply to
26emergencies, as determined by the regional center, when a regional
27center cannot locate alternate services to meet the consumer’s
28needs. As soon as possible within 30 days of admission due to an
29emergency, an assessment shall be completed by the regional
30center. An individual program plan meeting shall be convened
31immediately following the assessment, to determine the services
32and supports needed for stabilization and to develop a plan to
33transition the consumer from the facility to the community. If
34transition is not expected within 90 days of admission, an
35emergency program plan meeting shall be held to discuss the status
36of the transition and to determine if the consumer is still in need
37of placement in the facility. If emergency services continue to be
38necessary, the regional center shall submit an updated transition
39plan to the department for an extension of up to 90 days. Placement
40shall not exceed 180 days.

P53   1(iii) To the extent feasible, prior to any admission, the regional
2center shall consider resource options identified by the statewide
3specialized resource service established pursuant to subdivision
4(b) of Section 4418.25.

5(iv) The clients’ rights advocate shall be notified of each
6admission and individual program planning meeting pursuant to
7this subparagraph and may participate in all individual program
8planning meetings unless the consumer objects on his or her own
9behalf.begin insert For purposes of this clause, notification to the clients’
10rights advocate shall include a copy of the most recent
11comprehensive assessment or updated assessment and the time,
12date, and location of the meeting, and shall be provided as soon
13as practicable, but not less than 7 calendar days prior to the
14meeting.end insert

15(v) Regional centers shall complete a comprehensive assessment
16of any consumer residing in an institution for mental disease as of
17July 1, 2012, for which federal Medicaid funding is not available,
18and for any consumer residing in an institution for mental disease
19as of July 1, 2013, without regard to federal funding. The
20comprehensive assessment shall be completed prior to the
21consumer’s next scheduled individual program plan meeting and
22shall include identification of the services and supports needed
23and the timeline for identifying or developing those services needed
24to transition the consumer back to the community. Effective
25October 1, 2012, the regional center shall also consider resource
26options identified by the statewide specialized resource service.
27For each individual program plan meeting convened pursuant to
28this subparagraph, the clients’ rights advocate for the regional
29center shall be notified of the meeting and may participate in the
30meeting unless the consumer objects on his or her own behalf.begin insert For
31 purposes of this clause, notification to the clients’ rights advocate
32shall include the time, date, and location of the meeting, and shall
33be provided as soon as practicable, but not less than 7 calendar
34days prior to the meeting.end insert

35(D) Each person with developmental disabilities placed by the
36regional center in a community living arrangement shall have the
37rights specified in this division. These rights shall be brought to
38the person’s attention by any means necessary to reasonably
39communicate these rights to each resident, provided that, at a
40minimum, the Director of Developmental Services prepare,
P54   1provide, and require to be clearly posted in all residential facilities
2and day programs a poster using simplified language and pictures
3that is designed to be more understandable by persons with
4cognitive disabilities and that the rights information shall also be
5available through the regional center to each residential facility
6and day program in alternative formats, including, but not limited
7to, other languages, braille, and audio tapes, when necessary to
8meet the communication needs of consumers.

9(E) Consumers are eligible to receive supplemental services
10including, but not limited to, additional staffing, pursuant to the
11process described in subdivision (d) of Section 4646. Necessary
12additional staffing that is not specifically included in the rates paid
13to the service provider may be purchased by the regional center if
14the additional staff are in excess of the amount required by
15regulation and the individual’s planning team determines the
16additional services are consistent with the provisions of the
17individual program plan. Additional staff should be periodically
18reviewed by the planning team for consistency with the individual
19program plan objectives in order to determine if continued use of
20the additional staff is necessary and appropriate and if the service
21is producing outcomes consistent with the individual program plan.
22Regional centers shall monitor programs to ensure that the
23additional staff is being provided and utilized appropriately.

24(10) Emergency and crisis intervention services including, but
25not limited to, mental health services and behavior modification
26services, may be provided, as needed, to maintain persons with
27developmental disabilities in the living arrangement of their own
28choice. Crisis services shall first be provided without disrupting a
29person’s living arrangement. If crisis intervention services are
30unsuccessful, emergency housing shall be available in the person’s
31home community. If dislocation cannot be avoided, every effort
32shall be made to return the person to his or her living arrangement
33of choice, with all necessary supports, as soon as possible.

34(11) Among other service and support options, planning teams
35shall consider the use of paid roommates or neighbors, personal
36assistance, technical and financial assistance, and all other service
37and support options which would result in greater self-sufficiency
38for the consumer and cost-effectiveness to the state.

P55   1(12) When facilitation as specified in an individual program
2plan requires the services of an individual, the facilitator shall be
3of the consumer’s choosing.

4(13) The community support may be provided to assist
5individuals with developmental disabilities to fully participate in
6community and civic life, including, but not limited to, programs,
7services, work opportunities, business, and activities available to
8persons without disabilities. This facilitation shall include, but not
9be limited to, any of the following:

10(A) Outreach and education to programs and services within
11the community.

12(B) Direct support to individuals which would enable them to
13more fully participate in their community.

14(C) Developing unpaid natural supports when possible.

15(14) When feasible and recommended by the individual program
16planning team, for purposes of facilitating better and cost-effective
17services for consumers or family members, technology, including
18telecommunication technology, may be used in conjunction with
19other services and supports. Technology in lieu of a consumer’s
20in-person appearances at judicial proceedings or administrative
21due process hearings may be used only if the consumer or, when
22appropriate, the consumer’s parent, legal guardian, conservator,
23or authorized representative, gives informed consent. Technology
24may be used in lieu of, or in conjunction with, in-person training
25for providers, as appropriate.

26(15) Other services and supports may be provided as set forth
27in Sections 4685, 4686, 4687, 4688, and 4689, when necessary.

28(16) Notwithstanding any other provision of law or regulation
29to the contrary, effective July 1, 2009, regional centers shall not
30purchase experimental treatments, therapeutic services, or devices
31that have not been clinically determined or scientifically proven
32to be effective or safe or for which risks and complications are
33unknown. Experimental treatments or therapeutic services include
34experimental medical or nutritional therapy when the use of the
35product for that purpose is not a general physician practice. For
36regional center consumers receiving these services as part of their
37individual program plan (IPP) or individualized family service
38plan (IFSP) on July 1, 2009, this prohibition shall apply on August
391, 2009.

P56   1(b) (1) Advocacy for, and protection of, the civil, legal, and
2service rights of persons with developmental disabilities as
3established in this division.

4(2) Whenever the advocacy efforts of a regional center to secure
5or protect the civil, legal, or service rights of any of its consumers
6prove ineffective, the regional center or the person with
7developmental disabilities or his or her parents, legal guardian, or
8other representative may request the area board to initiate action
9under the provisions defining area board advocacy functions
10established in this division.

11(c) The regional center may assist consumers and families
12directly, or through a provider, in identifying and building circles
13of support within the community.

14(d) In order to increase the quality of community services and
15protect consumers, the regional center shall, when appropriate,
16take either of the following actions:

17(1) Identify services and supports that are ineffective or of poor
18quality and provide or secure consultation, training, or technical
19assistance services for any agency or individual provider to assist
20that agency or individual provider in upgrading the quality of
21services or supports.

22(2) Identify providers of services or supports that may not be
23in compliance with local, state, and federal statutes and regulations
24and notify the appropriate licensing or regulatory authority, or
25request the area board to investigate the possible noncompliance.

26(e) When necessary to expand the availability of needed services
27of good quality, a regional center may take actions that include,
28but are not limited to, the following:

29(1) Soliciting an individual or agency by requests for proposals
30or other means, to provide needed services or supports not presently
31available.

32(2) Requesting funds from the Program Development Fund,
33pursuant to Section 4677, or community placement plan funds
34designated from that fund, to reimburse the startup costs needed
35to initiate a new program of services and supports.

36(3) Using creative and innovative service delivery models,
37including, but not limited to, natural supports.

38(f) Except in emergency situations, a regional center shall not
39provide direct treatment and therapeutic services, but shall utilize
P57   1appropriate public and private community agencies and service
2providers to obtain those services for its consumers.

3(g) Where there are identified gaps in the system of services
4and supports or where there are identified consumers for whom
5no provider will provide services and supports contained in his or
6her individual program plan, the department may provide the
7services and supports directly.

8(h) At least annually, regional centers shall provide the
9consumer, his or her parents, legal guardian, conservator, or
10authorized representative a statement of services and supports the
11regional center purchased for the purpose of ensuring that they are
12delivered. The statement shall include the type, unit, month, and
13cost of services and supports purchased.

14begin insert

begin insertSEC. 16.end insert  

end insert

begin insertSection 4659.1 of the end insertbegin insertWelfare and Institutions Codeend insert
15begin insert is amended to read:end insert

16

4659.1.  

(a) If a service or support provided pursuant to a
17consumer’s individual program plan under this division or
18individualized family service plan pursuant to the California Early
19Intervention Services Act (Title 14 (commencing with Section
2095000) of the Government Code) is paid for, in whole or in part,
21by the health care service plan or health insurance policy of the
22consumer’s parent, guardian, or caregiver, the regional center may,
23when necessary to ensure that the consumer receives the service
24or support, pay any applicablebegin delete copaymentend deletebegin insert copayment, coinsurance,end insert
25 orbegin delete coinsuranceend deletebegin insert deductibleend insert associated with the service or support
26for which the parent, guardian, or caregiver is responsible if all of
27the following conditions are met:

28(1) The consumer is covered by his or her parent’s, guardian’s,
29or caregiver’s health care service plan or health insurance policy.

30(2) The family has an annual gross income that does not exceed
31400 percent of the federal poverty level.

32(3) There is no other third party having liability for the cost of
33the service or support, as provided in subdivision (a) of Section
344659 and Article 2.6 (commencing with Section 4659.10).

35(b) If a service or support provided to a consumer 18 years of
36age or older, pursuant to his or her individual program plan, is paid
37for in whole or in part by the consumer’s health care service plan
38or health insurance policy, the regional center may, when necessary
39to ensure that the consumer receives the service or support, pay
40any applicablebegin delete copaymentend deletebegin insert copayment, coinsurance,end insert orbegin delete coinsuranceend delete
P58   1begin insert deductibleend insert associated with the service or support for which the
2consumer is responsible if both of the following conditions are
3met:

4(1) The consumer has an annual gross income that does not
5exceed 400 percent of the federal poverty level.

6(2) There is no other third party having liability for the cost of
7the service or support, as provided in subdivision (a) of Section
84659 and Article 2.6 (commencing with Section 4659.10).

9(c) Notwithstanding paragraph (2) of subdivision (a) or
10paragraph (1) of subdivision (b), a regional center may pay a
11begin delete copaymentend deletebegin insert copayment, coinsurance,end insert orbegin delete coinsuranceend deletebegin insert deductibleend insert
12 associated with the health care service plan or health insurance
13policy for a service or support provided pursuant to a consumer’s
14individual program plan or individualized family service plan if
15the family’s or consumer’s income exceeds 400 percent of the
16federal poverty level, the service or support is necessary to
17successfully maintain the child at home or the adult consumer in
18the least-restrictive setting, and the parents or consumer
19demonstrate one or more of the following:

20(1) The existence of an extraordinary event that impacts the
21ability of the parent, guardian, or caregiver to meet the care and
22supervision needs of the child or impacts the ability of the parent,
23guardian, or caregiver, or adult consumer with a health care service
24plan or health insurance policy, to pay thebegin delete copaymentend deletebegin insert copayment,
25coinsurance,end insert
orbegin delete coinsurance.end deletebegin insert deductible.end insert

26(2) The existence of catastrophic loss that temporarily limits
27the ability to pay of the parent, guardian, or caregiver, or adult
28consumer with a health care service plan or health insurance policy
29and creates a direct economic impact on the family or adult
30consumer. For purposes of this paragraph, catastrophic loss may
31include, but is not limited to, natural disasters and accidents
32involving major injuries to an immediate family member.

33(3) Significant unreimbursed medical costs associated with the
34care of the consumer or another child who is also a regional center
35consumer.

36(d) The parent, guardian, or caregiver of a consumer or an adult
37consumer with a health care service plan or health insurance policy
38shall self-certify the family’s gross annual income to the regional
39center by providing copies of W-2 Wage Earners Statements,
P59   1payroll stubs, a copy of the prior year’s state income tax return,
2or other documents and proof of other income.

3(e) The parent, guardian, or caregiver of a consumer or an adult
4consumer with a health care service plan or health insurance policy
5is responsible for notifying the regional center when a change in
6income occurs that would result in a change in eligibility for
7coverage of the health care service plan or health insurance policy
8begin delete copaymentsend deletebegin insert copayments, coinsurance,end insert orbegin delete coinsurance.end deletebegin insert deductibles.end insert

9(f) Documentation submitted pursuant to this section shall be
10considered records obtained in the course of providing intake,
11assessment, and services and shall be confidential pursuant to
12Section 4514.

begin delete end deletebegin delete

13(g) Regional centers shall not pay health care service plan or
14health insurance policy deductibles.

end delete
begin delete end deletebegin delete

15(h)

end delete

16begin insert(g)end insert This section shall not be implemented in a manner that is
17inconsistent with the requirements of Part C of the federal
18Individuals with Disabilities Education Act (20 U.S.C. Sec. 1431
19et seq.).

20begin insert

begin insertSEC. 17.end insert  

end insert

begin insertSection 4681.6 of the end insertbegin insertWelfare and Institutions Codeend insert
21begin insert is amended to read:end insert

22

4681.6.  

begin insert (a)end insertbegin insertend insert Notwithstanding any otherbegin delete provision ofend delete law or
23regulation, commencing July 1, 2008:

begin delete

24(a)

end delete

25begin insert(1)end insertbegin delete Noend deletebegin insert Aend insert regional centerbegin delete mayend deletebegin insert shall notend insert pay an existing
26residential service provider, for services where rates are determined
27through a negotiation between the regional center and the provider,
28a rate higher than the rate in effect on June 30, 2008, unless the
29increase is required by a contract between the regional center and
30the vendor that is in effect on June 30, 2008, or the regional center
31demonstrates that the approval is necessary to protect the
32consumer’s health or safety and the department has granted prior
33written authorization.

begin delete

34(b)

end delete

35begin insert(2)end insertbegin delete Noend deletebegin insert Aend insert regional centerbegin delete mayend deletebegin insert shall notend insert negotiate a rate with a
36new residential service provider, for services where rates are
37determined through a negotiation between the regional center and
38the provider, that is higher than the regional center’s median rate
39for the same service code and unit of service, or the statewide
40median rate for the same service code and unit of service,
P60   1whichever is lower. The unit of service designationbegin delete mustend deletebegin insert shallend insert
2 conform with an existing regional center designation or, if none
3exists, a designation used to calculate the statewide median rate
4for the same service. The regional center shall annually certify to
5the department its median rate for each negotiated rate service
6code, by designated unit of service. This certificationbegin delete willend deletebegin insert shallend insert be
7subject to verification through the department’s biennial fiscal
8audit of the regional center.

begin insert

9(b) Notwithstanding subdivision (a), commencing July 1, 2014,
10regional centers may negotiate a rate adjustment with residential
11service providers regarding rates that are otherwise restricted
12pursuant to subdivision (a), if the adjustment is necessary in order
13to pay employees no less than the minimum wage as established
14by Section 1182.12 of the Labor Code, as amended by Chapter
15351 of the Statutes of 2013, and only for the purpose of adjusting
16payroll costs associated with the minimum wage increase. The
17rate adjustment shall be specific to the unit of service designation
18that is affected by the increased minimum wage, shall be specific
19to payroll costs associated with any increase necessary to adjust
20employee pay only to the extent necessary to bring pay into
21compliance with the increased state minimum wage, and shall not
22be used as a general wage enhancement for employees paid above
23the minimum wage. Regional centers shall maintain documentation
24on the process to determine, and the rationale for granting, any
25rate adjustment associated with the minimum wage increase.

end insert

26(c) For purposes of this section, “residential service provider”
27includes Adult Residential Facilities for Persons with Special
28Health Care Needs, as described in Section 4684.50.

29(d) This section shall not apply to those services for which rates
30are determined by the State Department of Health Care Services,
31or the State Department of Developmental Services, or are usual
32and customary.

33begin insert

begin insertSEC. 18.end insert  

end insert

begin insertArticle 3.6 (commencing with Section 4684.80) is
34added to Chapter 6 of Division 4.5 of the end insert
begin insertWelfare and Institutions
35Code
end insert
begin insert, to read:end insert

begin insert

36 

37Article begin insert3.6.end insert  Enhanced Behavioral Supports Homes
38

 

39

begin insert4684.80.end insert  

(a) “Enhanced behavioral supports home” means a
40facility certified by the State Department of Developmental Services
P61   1and licensed by the State Department of Social Services pursuant
2to Section 1567.62 of the Health and Safety Code as an adult
3residential facility or a group home that provides 24-hour
4nonmedical care to individuals with developmental disabilities
5who require enhanced behavioral supports, staffing, and
6supervision in a homelike setting. An enhanced behavioral supports
7home shall have a maximum capacity of four consumers, shall
8conform to Section 441.530(a)(1) of Title 42 of the Code of Federal
9Regulations, and shall be eligible for federal Medicaid home- and
10community-based services funding.

11(b) “Enhanced behavioral services and supports” means
12additional staffing supervision, facility characteristics, or other
13services and supports to address a consumer’s challenging
14behaviors, which are beyond what is typically available in other
15community facilities licensed as an adult residential facility or a
16group home to serve individuals in a community setting rather
17than an institution.

18(c) “Individual behavior supports plan” means the plan that
19identifies and documents the behavior and intensive support and
20service needs of a consumer and details the strategies to be
21employed and services to be provided to address those needs, and
22includes the entity responsible for providing those services and
23timelines for when each identified individual behavior support will
24commence.

25(d) “Individual behavior supports team” means those
26individuals who develop, monitor, and revise the individual
27behavior supports plan for consumers residing in an enhanced
28behavioral supports home. The team shall, at a minimum, be
29composed of all of the following individuals:

30(1) Regional center service coordinator and other regional
31center representatives, as necessary.

32(2) Consumer and, where appropriate, his or her conservator
33or authorized representative.

34(3) Service provider’s board-certified behavior analyst or
35qualified behavior modification professional.

36(4) Enhanced behavioral supports home administrator.

37(5) Regional center clients’ rights advocate, unless the consumer
38objects on his or her own behalf to participation by the clients’
39rights advocate.

P62   1(6) Others deemed necessary by the consumer, or his or her
2conservator or authorized representative, for developing a
3comprehensive and effective individual behavior supports plan.

4

begin insert4684.81.end insert  

(a) The department shall implement a pilot project
5using community placement plan funds, as appropriated in the
6State Department of Developmental Services’ annual budget, to
7test the effectiveness of providing enhanced behavioral supports
8in homelike community settings. The enhanced behavioral supports
9homes shall be for purposes of providing intensive behavioral
10services and supports to adults and children with developmental
11disabilities who need intensive services and supports due to
12challenging behaviors that cannot be managed in a community
13setting without the availability of enhanced behavioral services
14and supports, and who are at risk of institutionalization or
15out-of-state placement, or are transitioning to the community from
16a developmental center, other state-operated residential facility,
17 institution for mental disease, or out-of-state placement.

18(b) An enhanced behavioral supports home may only be
19established in an adult residential facility or a group home
20approved through a regional center community placement plan
21pursuant to Section 4418.25.

22(c) No more than six enhanced behavioral supports homes may
23be approved by the State Department of Developmental Services
24each fiscal year in which the pilot program is in effect and to the
25extent funding is available for this purpose, each for no more than
26four individuals with developmental disabilities. The homes shall
27be located throughout the state, as determined by the State
28Department of Developmental Services, based on regional center
29requests.

30(d) Each enhanced behavioral supports home shall be licensed
31as an adult residential facility or a group home pursuant to the
32California Community Care Facilities Act (Chapter 3 (commencing
33with Section 1500) of Division 2 of the Health and Safety Code)
34and certified by the State Department of Developmental Services,
35shall exceed the minimum requirements for a Residential Facility
36Service Level 4-i pursuant to Sections 56004 and 56013 of Title
3717 of the California Code of Regulations, and shall meet all
38applicable statutory and regulatory requirements applicable to a
39facility licensed as an adult residential facility or a group home
40for facility licensing, seclusion, and restraint, including Division
P63   11.5 (commencing with Section 1180) of the Health and Safety Code,
2and the use of behavior modification interventions, subject to any
3additional requirements applicable to enhanced behavioral
4supports homes established by statute or by regulation promulgated
5pursuant to this article and Article 9.5 (commencing with Section
61567.61) of Chapter 3 of Division 2 of the Health and Safety Code.

7(e) A regional center shall not place a consumer in an enhanced
8behavioral supports home unless the program is certified by the
9State Department of Developmental Services and the facility is
10licensed by the State Department of Social Services.

11(f) The State Department of Developmental Services shall be
12responsible for granting the certificate of program approval for
13an enhanced behavioral supports home.

14(g) The State Department of Developmental Services may,
15pursuant to Section 4684.85, decertify any enhanced behavioral
16supports home that does not comply with program requirements.
17Upon decertification of an enhanced behavioral supports home,
18the State Department of Developmental Services shall report the
19decertification to the State Department of Social Services. The
20State Department of Social Services shall revoke the license of the
21enhanced behavioral supports home that has been decertified
22pursuant to Section 1550 of the Health and Safety Code.

23(h) If the State Department of Developmental Services
24determines that urgent action is necessary to protect a consumer
25residing in an enhanced behavioral supports home from physical
26or mental abuse, abandonment, or any other substantial threat to
27the consumer’s health and safety, the State Department of
28Developmental Services may request that the regional center or
29centers remove the consumer from the enhanced behavioral
30supports home or direct the regional center or centers to obtain
31alternative or additional services for the consumers within 24
32hours of that determination. When possible, an individual program
33plan (IPP) meeting shall be convened to determine the appropriate
34action pursuant to this section. In any case, an IPP meeting shall
35be convened within 30 days following an action pursuant to this
36 section.

37(i) Enhanced behavioral supports homes shall have a facility
38program plan approved by the State Department of Developmental
39Services.

P64   1(1) The facility program plan approved by the State Department
2of Developmental Services shall be submitted to the State
3Department of Social Services for inclusion in the facility plan of
4operation.

5(2) The vendoring regional center and each consumer’s regional
6center shall have joint responsibility for monitoring and evaluating
7the services provided in the enhanced behavioral supports home.
8Monitoring shall include at least quarterly, or more frequently if
9specified in the consumer’s individual program plan, face-to-face,
10onsite case management visits with each consumer by his or her
11regional center and at least quarterly quality assurance visits by
12the vendoring regional center. The State Department of
13Developmental Services shall monitor and ensure the regional
14centers’ compliance with their monitoring responsibilities.

15(j) The State Department of Developmental Services shall
16establish by regulation a rate methodology for enhanced behavioral
17supports homes that includes a fixed facility component for
18residential services and an individualized services and supports
19component based on each consumer’s needs as determined through
20the individual program plan process, which may include assistance
21with transitioning to a less restrictive community residential
22setting.

23(k) (1) The established facility rate for a full month of service,
24as defined in regulations adopted pursuant to this article, shall be
25paid based on the licensed capacity of the facility once the facility
26reaches maximum capacity, despite the temporary absence of one
27 or more consumers from the facility or subsequent temporary
28vacancies created by consumers moving from the facility. Prior
29to the facility reaching licensed capacity, the facility rate shall be
30prorated based on the number of consumers residing in the facility.

31When a consumer is temporarily absent from the facility,
32including when a consumer is in need for inpatient care in a health
33facility, as defined in subdivision (a), (b), or (c) of Section 1250
34of the Health and Safety Code, the regional center may, based on
35consumer need, continue to fund individual services, in addition
36to paying the facility rate. Individual consumer services funded
37by the regional center during a consumer’s absence from the
38facility shall be approved by the regional center director and shall
39only be approved in 14-day increments. The regional center shall
P65   1maintain documentation of the need for these services and the
2regional center director’s approval.

3(2) An enhanced behavioral supports home using delayed egress
4devices, in compliance with Section 1531.1 of the Health and Safety
5Code, may utilize secured perimeters, in compliance with Section
61531.15 of the Health and Safety Code and applicable regulations.
7No more than two enhanced behavioral supports homes using
8delayed egress devices in combination with secured perimeters
9may be certified by the State Department of Developmental
10Services during the first year of the pilot program, one in northern
11California and one in southern California, and no more than one
12additional home using delayed egress devices in combination with
13a secured perimeter may be certified by the State Department of
14Developmental Services in each subsequent year of the pilot
15program. No more than six enhanced behavioral supports homes
16that use delayed egress devices in combination with a secured
17perimeter shall be certified during the pilot program. Enhanced
18behavioral supports homes shall not be counted for purposes of
19the statewide limit established in regulations on the total number
20of beds permitted in homes with delayed egress devices in
21combination with secured perimeters pursuant to subdivision (k)
22of Section 1531.15 of the Health and Safety Code. The department
23shall make reasonable efforts to include enhanced behavioral
24supports homes within the statewide limit.

25

begin insert4684.82.end insert  

The vendoring regional center shall, before placing
26any consumer into an enhanced behavioral supports home, ensure
27that the home has a license issued by the State Department of
28Social Services for not more than four individuals with
29developmental disabilities, is certified by the State Department of
30Developmental Services, and has a contract with the regional
31center that meets the contracting requirements established by the
32State Department of Developmental Services through regulations
33promulgated pursuant to this article. Under no circumstances shall
34the contract extend beyond the stated termination date, which shall
35not be longer than January 1, 2020.

36

begin insert4684.83.end insert  

The enhanced behavioral supports home provider
37shall be responsible for coordinating the development and updating
38of each consumer’s individual behavior supports plan with the
39consumer’s individual behavior supports team. The initial
40individual behavior supports plan shall be developed within one
P66   1week of the consumer’s admission to the enhanced behavioral
2supports home.

3

begin insert4684.84.end insert  

(a) The regional center shall have responsibility for
4monitoring and evaluating the implementation of the consumer’s
5individual behavior supports plan objectives.

6(b) A regional center qualified behavior modification
7professional shall visit, with or without notice, the consumer, in
8person, at least monthly in the enhanced behavioral supports home,
9or more frequently if specified in the consumer’s individual
10behavior supports plan. At least four of these visits, annually, shall
11be unannounced.

12(c) The State Department of Developmental Services shall
13monitor and ensure the regional centers’ compliance with the
14requirements of this article. The monitoring shall include onsite
15 visits to all the enhanced behavioral supports homes at least every
16six months for the duration of the pilot project.

17(d) The State Department of Developmental Services shall
18conduct a review of the pilot project in consultation with
19stakeholders. The review shall be completed and the results of the
20review shall be shared in writing with the State Department of
21Social Services no later than September 1, 2018.

22

begin insert4684.85.end insert  

(a) In addition to any other contract termination
23provisions, a regional center may terminate its contract with an
24enhanced behavioral supports home when the regional center
25determines that the home is unable to maintain substantial
26compliance with state laws, regulations, or its contract with the
27regional center, or the home demonstrates an inability to ensure
28the health and safety of the consumers.

29(b) The enhanced behavioral supports home may appeal a
30regional center’s decision to terminate its contract by sending to
31the executive director of the contracting regional center a detailed
32statement containing the reasons and facts demonstrating why the
33termination is inappropriate. The appeal shall be received by the
34regional center within 10 working days from the date of the letter
35terminating the contract. The executive director shall respond with
36his or her decision within 10 working days of the date of receipt
37of the appeal from the enhanced behavioral supports home. The
38executive director shall submit his or her decision to the State
39Department of Developmental Services and the State Department
P67   1of Social Services on the same date that it is signed. The decision
2of the executive director shall be the final administrative decision.

3(c) The Director of Developmental Services may rescind an
4enhanced behavioral supports home program certification when,
5in his or her sole discretion, an enhanced behavioral supports
6home does not maintain substantial compliance with an applicable
7statute, regulation, or ordinance, or cannot ensure the health and
8safety of the consumers. The decision of the Director of
9Developmental Services shall be the final administrative decision.
10The Director of Developmental Services shall transmit his or her
11decision whether to rescind an enhanced behavioral supports home
12program certification to the State Department of Social Services
13and the regional center with his or her recommendation as to
14whether to revoke the enhanced behavioral supports home’s
15residential care facility license, for which the State Department
16of Social Services shall revoke the license of the enhanced
17behavioral supports home pursuant to Section 1550 of the Health
18and Safety Code.

19(d) The State Department of Developmental Services and
20regional centers shall, for purposes of assisting in licensing,
21provide the State Department of Social Services with all available
22documentation and evidentiary support that was submitted to the
23State Department of Developmental Services in connection with
24certification by an applicant for licensure under this article.

25

begin insert4684.86.end insert  

(a) A certification for an enhanced behavioral
26supports home shall not be issued before emergency regulations
27filed by the State Department of Developmental Services pursuant
28to this article have been published. These regulations shall be
29developed in consultation with stakeholders, including the State
30Department of Social Services, consumer advocates, and regional
31centers. The regulations shall address at least the following:

32(1) Program standards, including program design requirements,
33staffing structure, staff qualifications, and training. Training
34requirements shall include:

35(A) A minimum of 16 hours of emergency intervention training,
36which shall include the techniques the licensee will use to prevent
37injury and maintain safety regarding consumers who are a danger
38to self or others and shall emphasize positive behavioral supports
39and techniques that are alternatives to physical restraints.

P68   1(B) Additional training for direct care staff to address the
2specialized needs of the consumers, including training in
3emergency interventions.

4(2) Requirements and timelines for the development and
5updating of consumers’ individual behavior supports plans.

6(3) Admission and continued stay requirements.

7(4) Requirements for ensuring that appropriate services and
8supports are provided at the time of admission to meet the
9consumer’s immediate needs pending development of the
10consumer’s individual behavior supports plan.

11(5) The rate methodology.

12(6) Consumer rights and protections.

13(b) The adoption, initial amendment, repeal, or readoption of
14a regulation authorized by this section is deemed to be an
15emergency and necessary for the immediate preservation of the
16public peace, health, safety, or general welfare for purposes of
17Sections 11346.1 and 11349.6 of the Government Code, and the
18department is hereby exempted from the requirement that it
19describe specific facts showing the need for immediate action.
20These regulations shall be developed in consultation with system
21stakeholders. A certificate of compliance for these implementing
22regulations shall be filed within 24 months following the adoption
23of the first emergency regulations filed pursuant to this section.
24The emergency regulations may be readopted and remain in effect
25until approval of the certificate of compliance.

26

begin insert4684.87.end insert  

This article shall remain in effect only until January
271, 2020, and as of that date is repealed, unless a later enacted
28statute, that is enacted before January 1, 2020, deletes or extends
29that date.

end insert
30begin insert

begin insertSEC. 19.end insert  

end insert

begin insertSection 4691.6 of the end insertbegin insertWelfare and Institutions Codeend insert
31begin insert is amended to read:end insert

32

4691.6.  

(a) Notwithstanding any otherbegin delete provision ofend delete law or
33regulation, commencing July 1, 2006, the community-based day
34program, work activity program, and in-home respite service
35agency rate schedules authorized by the department and in
36operation June 30, 2006, shall be increased by 3 percent, subject
37to funds specifically appropriated for this increase in the Budget
38Act of 2006. The increase shall be applied as a percentage, and
39the percentage shall be the same for all providers. Any subsequent
P69   1increase shall be governed by subdivisions (b), (c), (d),begin insert (e), (f),
2(g),end insert
andbegin delete (e)end deletebegin insert (h),end insert and Section 4691.9.

3(b) Notwithstanding any otherbegin delete provision ofend delete law or regulation,
4the departmentbegin delete mayend deletebegin insert shallend insert not establish any permanent payment
5rate for a community-based day program or in-home respite service
6agency provider that has a temporary payment rate in effect on
7June 30, 2008, if the permanent payment rate would be greater
8than the temporary payment rate in effect on or after June 30, 2008,
9unless the regional center demonstrates to the department that the
10permanent payment rate is necessary to protect the consumers’
11health or safety.

12(c) Notwithstanding any otherbegin delete provision ofend delete law or regulation,
13neither the department nor any regional centerbegin delete mayend deletebegin insert shallend insert approve
14any program design modification or revendorization for a
15community-based day program or in-home respite service agency
16provider that would result in an increase in the rate to be paid to
17the vendor from the rate that is in effect on or after June 30, 2008,
18unless the regional center demonstrates that the program design
19modification or revendorization is necessary to protect the
20consumers’ health or safety and the department has granted prior
21written authorization.

22(d) Notwithstanding any otherbegin delete provision ofend delete law or regulation,
23the departmentbegin delete mayend deletebegin insert shallend insert not approve an anticipated rate
24adjustment for a community-based day program or in-home respite
25service agency provider that would result in an increase in the rate
26to be paid to the vendor from the rate that is in effect on or after
27June 30, 2008, unless the regional center demonstrates that the
28anticipated rate adjustment is necessary to protect the consumers’
29health or safety.

30(e) Notwithstanding any otherbegin delete provision ofend delete law or regulation,
31begin insert except as set forth in subdivision (f),end insert the departmentbegin delete mayend deletebegin insert shallend insert not
32approve any rate adjustment for a work activity program that would
33result in an increase in the rate to be paid to the vendor from the
34rate that is in effect on or after June 30, 2008, unless the regional
35center demonstrates that the rate adjustment is necessary to protect
36the consumers’ health and safety and the department has granted
37prior written authorization.

begin insert

38(f) Notwithstanding any other law or regulation, commencing
39July 1, 2014, the department may approve rate adjustments for a
40work activity program that demonstrates to the department that
P70   1the rate adjustment is necessary in order to pay employees who,
2prior to July 1, 2014, were being compensated at a wage that is
3less than the minimum wage established on and after July 1, 2014,
4by Section 1182.12 of the Labor Code, as amended by Chapter
5351 of the Statutes of 2013. The rate adjustment pursuant to this
6subdivision shall be specific to payroll costs associated with any
7increase necessary to adjust employee pay only to the extent
8necessary to bring pay into compliance with the increased state
9minimum wage, and shall not constitute a general wage
10enhancement for employees paid above the increased minimum
11wage.

end insert
begin insert

12(g) Notwithstanding any other law or regulation, commencing
13July 1, 2014, community-based day program and in-home respite
14services agency providers with temporary payment rates set by
15the department may seek unanticipated rate adjustments from the
16department due to the impacts of the increased minimum wage as
17established by Section 1182.12 of the Labor Code, as amended by
18Chapter 351 of the Statutes of 2013. The rate adjustment shall be
19specific to payroll costs associated with any increase necessary
20to adjust employee pay only to the extent necessary to bring pay
21into compliance with the increased state minimum wage, and shall
22not constitute a general wage enhancement for employees paid
23above the increased minimum wage.

end insert
begin insert

24(h) Notwithstanding any other law or regulation, commencing
25January 1, 2015, the in-home respite service agency rate schedule
26authorized by the department and in operation December 31, 2014,
27shall be increased by 5.82 percent, subject to funds specifically
28appropriated for this increase for costs due to changes in federal
29regulations implementing the federal Fair Labor Standards Act
30of 1938 (29 U.S.C. Sec. 201 et seq.). The increase shall be applied
31as a percentage, and the percentage shall be the same for all
32applicable providers.

end insert
33begin insert

begin insertSEC. 20.end insert  

end insert

begin insertSection 4691.9 of the end insertbegin insertWelfare and Institutions Codeend insert
34begin insert is amended to read:end insert

35

4691.9.  

begin insert (a)end insertbegin insertend insert Notwithstanding any otherbegin delete provision ofend delete law or
36regulation, commencing July 1, 2008:

begin delete

37(a)

end delete

38begin insert(1)end insertbegin delete Noend deletebegin insert Aend insert regional center shallbegin insert notend insert pay an existing service
39provider, for services where rates are determined through a
40negotiation between the regional center and the provider, a rate
P71   1higher than the rate in effect on June 30, 2008, unless the increase
2is required by a contract between the regional center and the vendor
3that is in effect on June 30, 2008, or the regional center
4demonstrates that the approval is necessary to protect the
5consumer’s health or safety and the department has granted prior
6written authorization.

begin delete

7(b)

end delete

8begin insert(2)end insertbegin delete Noend deletebegin insert Aend insert regional centerbegin delete mayend deletebegin insert shall notend insert negotiate a rate with a
9new service provider, for services where rates are determined
10through a negotiation between the regional center and the provider,
11that is higher than the regional center’s median rate for the same
12service code and unit of service, or the statewide median rate for
13the same service code and unit of service, whichever is lower. The
14unit of service designationbegin delete mustend deletebegin insert shallend insert conform with an existing
15regional center designation or, if none exists, a designation used
16to calculate the statewide median rate for the same service. The
17regional center shall annually certify to the State Department of
18Developmental Services its median rate for each negotiated rate
19service code, by designated unit of service. This certificationbegin delete willend delete
20begin insert shallend insert be subject to verification through the department’s biennial
21fiscal audit of the regional center.

begin insert

22(b) Notwithstanding subdivision (a), commencing July 1, 2014,
23regional centers may negotiate a rate adjustment with providers
24regarding rates if the adjustment is necessary in order to pay
25employees no less than the minimum wage as established by Section
261182.12 of the Labor Code, as amended by Chapter 351 of the
27Statutes of 2013, and only for the purpose of adjusting payroll
28costs associated with the minimum wage increase. The rate
29adjustment shall be specific to the unit of service designation that
30is affected by the increased minimum wage, shall be specific to
31payroll costs associated with any increase necessary to adjust
32employee pay only to the extent necessary to bring pay into
33compliance with the increased state minimum wage, and shall not
34be used as a general wage enhancement for employees paid above
35the increased minimum wage. Regional centers shall maintain
36documentation on the process to determine, and the rationale for
37granting, any rate adjustment associated with the minimum wage
38increase.

end insert
begin insert

39(c) Notwithstanding any other law or regulation, commencing
40January 1, 2015, rates for personal assistance and supported living
P72   1services in effect on December 31, 2014, shall be increased by
25.82 percent, subject to funds specifically appropriated for this
3increase for costs due to changes in federal regulations
4implementing the federal Fair Labor Standards Act of 1938 (29
5U.S.C. Sec. 201 et seq.). The increase shall be applied as a
6 percentage, and the percentage shall be the same for all applicable
7providers. As used in this subdivision, both of the following
8definitions shall apply:

end insert
begin insert

9(1) “Personal assistance” is limited only to those services
10provided by vendors classified by the regional center as personal
11assistance providers, pursuant to the miscellaneous services
12provisions contained in Title 17 of the California Code of
13Regulations.

end insert
begin insert

14(2) “Supported living services” are limited only to those services
15defined as supported living services in Title 17 of the California
16Code of Regulations.

end insert
begin delete

17(c)

end delete

18begin insert(d)end insert This section shall not apply to those services for which rates
19are determined by the State Department of Health Care Services,
20or the State Department of Developmental Services, or are usual
21and customary.

22begin insert

begin insertSEC. 21.end insert  

end insert

begin insertArticle 8 (commencing with Section 4698) is added
23to Chapter 6 of Division 4.5 of the end insert
begin insertWelfare and Institutions Codeend insertbegin insert,
24to read:end insert

begin insert

25 

26Article begin insert8.end insert  Community Crisis Home Certification
27

 

28

begin insert4698.end insert  

(a) (1) “Community crisis home” means a facility
29certified by the State Department of Developmental Services
30pursuant to this article, and licensed by the State Department of
31Social Services pursuant to Article 9.7 (commencing with Section
321567.80) of Chapter 3 of Division 2 of the Health and Safety Code,
33as an adult residential facility, providing 24-hour nonmedical care
34to individuals with developmental disabilities receiving regional
35center services and in need of crisis intervention services who
36would otherwise be at risk of admission to the acute crisis center
37at Fairview Developmental Center or Sonoma Developmental
38Center, an out-of-state placement, a general acute hospital, an
39acute psychiatric hospital, or an institution for mental disease, as
40described in Part 5 (commencing with Section 5900) of Division
P73   15. A community crisis home shall have a maximum capacity of
2eight consumers.

3(2) “Consumer” or “client” means an individual who has been
4determined by a regional center to meet the eligibility criteria of
5Section 4512 and applicable regulations and for whom the regional
6center has accepted responsibility.

7(b) (1) The State Department of Developmental Services, using
8Community Placement Plan funds, shall establish a
9community-based residential option consisting of community crisis
10homes for adults with developmental disabilities receiving regional
11center services who require crisis intervention services and who
12would otherwise be at risk of admission to the acute crisis center
13at Fairview Developmental Center or Sonoma Developmental
14Center, an out-of-state placement, a general acute hospital, an
15acute psychiatric hospital, or an institution for mental disease, as
16described in Part 5 (commencing with Section 5900) of Division
175.

18(2) The State Department of Developmental Services may issue
19a certificate of program approval to a community crisis home
20qualified pursuant to this article.

21(c) A community crisis home shall not be licensed by the State
22Department of Social Services until the certificate of program
23approval, issued pursuant to this article by the State Department
24of Developmental Services, has been received.

25(1) A community crisis home shall be certified only if approved
26through a regional center community placement plan pursuant to
27Section 4418.25. Each home shall conform to Section 441.530(a)(1)
28of Title 42 of the Code of Federal Regulations, and shall be eligible
29for federal Medicaid home and community-based services funding.

30(2) A consumer shall not be placed in a community crisis home
31unless the program is certified by the State Department of
32Developmental Services, pursuant to this article, and the facility
33is licensed by the State Department of Social Services, pursuant
34to Article 9.7 (commencing with Section 1567.80) of Chapter 3 of
35Division 2 of the Health and Safety Code.

36(3) A certificate of program approval, issued pursuant to this
37article by the State Department of Developmental Services, shall
38be a condition of licensure for the community crisis home by the
39State Department of Social Services, pursuant to Article 9.7
P74   1(commencing with Section 1567.80) of Chapter 3 of Division 2 of
2the Health and Safety Code.

3(4) Community crisis homes shall exceed the minimum
4requirements for a Residential Facility Service Level 4-i pursuant
5to Sections 56004 and 56013 of Title 17 of the California Code of
6regulations, and shall meet all applicable statutory and regulatory
7requirements for facility licensing, the use of behavior modification
8interventions, and seclusion and restraint, including Division 1.5
9(commencing with Section 1180) of the Health and Safety Code,
10and that are applicable to facilities licensed as adult residential
11facilities.

12(d) Community crisis homes shall have a facility program plan
13approved by the State Department of Developmental Services. The
14facility program plan approved by the State Department of
15Developmental Services shall be submitted to the State Department
16of Social Services for inclusion in the facility plan of operation,
17pursuant to Section 1567.84 of the Health and Safety Code.

18(e) The local regional center and each consumer’s regional
19center shall have joint responsibility for monitoring and evaluating
20the provision of services in the community crisis home. Monitoring
21shall include at least monthly face-to-face, onsite case management
22visits with each consumer by his or her regional center and at least
23quarterly quality assurance visits by the vendoring regional center.
24The State Department of Developmental Services shall monitor
25and ensure the regional centers’ compliance with their monitoring
26responsibilities.

27(f) A consumer’s regional center shall also notify the clients’
28rights advocate of each community crisis home admission. Unless
29the consumer objects on his or her own behalf, the clients’ rights
30advocate may participate in developing the plan to transition the
31consumer to his or her prior residence or an alternative
32community-based residential setting with needed services and
33supports.

34(g) The State Department of Developmental Services shall
35 establish by regulation a rate methodology for community crisis
36homes that includes a fixed facility component for residential
37services and an individualized services and supports component
38based on each consumer’s needs as determined through the
39individual program plan process, which may include assistance
P75   1with returning to the consumer’s prior living arrangement or
2transitioning to an alternative community residential setting.

3(h) If the State Department of Developmental Services
4determines that urgent action is necessary to protect a consumer
5residing in a community crisis home from physical or mental abuse,
6abandonment, or any other substantial threat to the consumer’s
7health and safety, the State Department of Developmental Services
8may request that the regional center or centers remove the
9consumer from the community crisis home or direct the regional
10center or centers to obtain alternative or additional services for
11the consumer within 24 hours of that determination. When possible,
12an individual program plan (IPP) meeting shall be convened to
13determine the appropriate action pursuant to this section. In any
14case, an IPP meeting shall be convened within 30 days following
15an action pursuant to this section.

16(i) The Director of Developmental Services shall rescind a
17community crisis home’s certificate of program approval when,
18in his or her sole discretion, a community crisis home does not
19maintain substantial compliance with an applicable statute,
20regulation, or ordinance, or cannot ensure the health and safety
21of consumers. The decision of the Director of Developmental
22Services shall be the final administrative decision. The Director
23of Developmental Services shall transmit his or her decision
24rescinding a community crisis home’s certificate of program
25approval to the State Department of Social Services and the
26regional center with his or her recommendation as to whether to
27 revoke the community crisis home license, and the State
28Department of Social Services shall revoke the license of the
29community crisis home pursuant to Section 1550 of the Health and
30Safety Code.

31(j) The State Department of Developmental Services and
32regional centers shall provide the State Department of Social
33Services all available documentation and evidentiary support
34necessary for the licensing and administration of community crisis
35homes and enforcement of Chapter 3 (commencing with Section
361500) of Division 2 of the Health and Safety Code, and the
37applicable regulations.

38

begin insert4698.1.end insert  

(a) A certificate of program approval shall not be
39issued pursuant to this article until the publication in Title 17 of
40the California Code of Regulations of emergency regulations filed
P76   1by the State Department of Developmental Services. These
2regulations shall be developed in consultation with stakeholders,
3including the State Department of Social Services, consumer
4advocates, and regional centers. The regulations shall address at
5least all of the following:

6(1) Program standards, including program design requirements,
7staffing structure, staff qualifications, and training. Training
8requirements shall include all of the following:

9(A) A minimum of 16 hours of emergency intervention training,
10which shall include the techniques the facility will use to prevent
11injury and maintain safety regarding consumers who are a danger
12to self or others and shall emphasize positive behavioral supports
13and techniques that are alternatives to physical restraint.

14(B) Additional training for direct care staff to address the
15specialized needs of the consumers, including training in
16emergency interventions.

17(2) Requirements and timelines for the development and
18updating of each consumer’s individual program plan, including
19time-limited objectives and a plan to transition the consumer to
20his or her prior residence or an alternative community-based
21residential setting with needed services and supports. In developing
22these regulations, the department shall place a high priority on
23transitioning the consumer to his or her prior residence, when that
24is the preferred objective in the consumer’s individual program
25plan.

26(3) Procedures and requirements for identifying and providing
27supplemental and ancillary staffing and supports, including
28therapeutic, behavioral, and clinical services and supports, based
29on individual consumer need.

30(4) The rate methodology.

31(5) Consumer rights and protections.

32(b) The adoption, amendment, repeal, or readoption of a
33regulation authorized by this section is deemed to be an emergency
34and necessary for the immediate preservation of the public peace,
35health and safety, or general welfare for purposes of Sections
3611346.1 and 11349.6 of the Government Code, and the State
37Department of Developmental Services is hereby exempted from
38the requirement that it describe specific facts showing the need
39for immediate action. These emergency regulations shall be
40developed in consultation with system stakeholders. A certificate
P77   1of compliance for these implementing regulations shall be filed
2within 24 months following the adoption of the first emergency
3regulations filed pursuant to this section. The emergency
4regulations may be readopted and remain in effect until approval
5of the certificate of compliance.

end insert
6begin insert

begin insertSEC. 22.end insert  

end insert

begin insertSection 6504.5 of the end insertbegin insertWelfare and Institutions Codeend insert
7begin insert is amended to read:end insert

8

6504.5.  

begin insert (a)end insertbegin insertend insert Wherever a petition is filed pursuant to this article,
9the court shall appoint the director of a regional center for the
10developmentally disabled established under Division 4.5
11(commencing with Section 4500), or the designee of the director,
12to examine the person alleged to have a developmental disability.

13begin insert (b)end insertbegin insertend insert Within 15 judicial days after his or her appointment, the
14regional center director or designee shall submit to the court in
15writing a report containing his or her evaluation of the person
16alleged to have a developmental disability. If the person is an
17individual described in paragraph (2) of subdivision (a) of Section
187505, the report shall include the results of the assessment
19conducted pursuant to subdivision (b) of Section 4418.7. The report
20shall contain a recommendation of a facility or facilities in which
21the alleged developmentally disabled person may be placed.begin insert The
22report shall include any comprehensive assessment, or updated
23assessment, conducted by the regional center pursuant to
24paragraph (2) of subdivision (c) of Section 4418.25.end insert

25begin insert (c)end insertbegin insertend insert The report shall include a description of the least restrictive
26residential placement necessary to achieve the purposes of
27treatment. In determining the least restrictive residential placement,
28consideration shall be given to public safety. If placement into or
29out of a developmental center is recommended, the regional center
30director or designee simultaneously shall submit the report to the
31executive director of the developmental center or his or her
32designee. The executive director of the developmental center or
33his or her designee may, within 15 days of receiving the regional
34center report, submit to the court a written report evaluating the
35ability of the developmental center to achieve the purposes of
36treatment for this person and whether the developmental center
37placement can adequately provide the security measures or systems
38required to protect the public health and safety from the potential
39dangers posed by the person’s known behaviors.

P78   1begin insert (d)end insertbegin insertend insert The reports prepared by the regional center director and
2developmental center director, if applicable, shall also address
3suitable interim placements for the person as provided for in
4Section 6506.

5begin insert

begin insertSEC. 23.end insert  

end insert

begin insertSection 6509 of the end insertbegin insertWelfare and Institutions Codeend insertbegin insert is
6amended to read:end insert

7

6509.  

(a)   If the court finds that the person has a
8developmental disability, and is a danger to himself, herself, or to
9others, the court may make an order that the person be committed
10to the State Department of Developmental Services for suitable
11treatment and habilitation services. Suitable treatment and
12habilitation services is defined as the least restrictive residential
13placement necessary to achieve the purposes of treatment. Care
14and treatment of a person committed to the State Department of
15Developmental Services may include placement in any of the
16following:

17(1) Any licensed community care facility, as defined in Section
181504, or any health facility, as defined in Section 1250, other than
19a developmental center or state-operated facility.

20(2) begin insert The acute crisis center atend insert Fairview Developmentalbegin delete Centerend delete
21begin insert Center,end insert if the person meets the criteria for admission pursuant to
22paragraph (2) of subdivision (a) of Section 7505.

begin insert

23(3) On or after January 1, 2015, the acute crisis center at
24Sonoma Developmental Center, if the person meets the criteria
25for admission pursuant to paragraph (3) of subdivision (a) of
26Section 7505.

end insert
begin delete

27(3)

end delete

28begin insert(4)end insert The secure treatment program at Porterville Developmental
29begin delete Centerend deletebegin insert Center,end insert if the person meets the criteria for admission
30pursuant to paragraph (3) of subdivision (a) of Section 7505.

begin delete

31(4)

end delete

32begin insert(5)end insert Any other appropriate placement permitted by law.

33(b) (1) The court shall hold a hearing as to the available
34placement alternatives and consider the reports of the regional
35center director or designee and the developmental center director
36or designee submitted pursuant to Section 6504.5. After hearing
37all the evidence, the court shall order that the person be committed
38to that placement that the court finds to be the most appropriate
39and least restrictive alternative. If the court finds that release of
40the person can be made subject to conditions that the court deems
P79   1proper and adequate for the protection and safety of others and the
2welfare of the person, the person shall be released subject to those
3conditions.

4(2) The court, however, may commit a person with a
5developmental disability who is not a resident of this state under
6Section 4460 for the purpose of transportation of the person to the
7state of his or her legal residence pursuant to Section 4461. The
8State Department of Developmental Services shall receive the
9person committed to it and shall place the person in the placement
10ordered by the court.

11(c) If the person has at any time been found mentally
12incompetent pursuant to Chapter 6 (commencing with Section
131367) of Title 10 of Part 2 of the Penal Code arising out of a
14complaint charging a felony offense specified in Section 290 of
15the Penal Code, the court shall order the State Department of
16Developmental Services to give notice of that finding to the
17designated placement facility and the appropriate law enforcement
18agency or agencies having local jurisdiction at the site of the
19placement facility.

20(d) If thebegin insert Stateend insert Department of Developmental Services decides
21that a change in placement is necessary, it shallbegin delete notifyend deletebegin insert notify,end insert in
22begin delete writingend deletebegin insert writing,end insert the court of commitment, the district attorney,begin delete andend delete
23 the attorney of record for thebegin delete personend deletebegin insert person,end insert and the regional center
24of its decision at least 15 days in advance of the proposed change
25in placement. The court may hold a hearing and (1) approve or
26disapprove of the change, or (2) take no action in which case the
27change shall be deemed approved. At the request of the district
28attorney or of the attorney for the person, a hearing shall be held.

29begin insert

begin insertSEC. 24.end insert  

end insert

begin insertSection 7505 of the end insertbegin insertWelfare and Institutions Codeend insertbegin insert is
30amended to read:end insert

31

7505.  

(a) Notwithstanding any otherbegin delete provision ofend delete law,
32commencing July 1, 2012, the State Department of Developmental
33Services shall not admit anyone to a developmental center unless
34the person has been determined eligible for services under Division
354.5 (commencing with Section 4500) and the person is:

36(1) Committed by a court to Porterville Developmental Center,
37secure treatment program, pursuant to Section 1370.1 of the Penal
38Code.

39(2) Committed by a court to Fairview Developmental Center
40pursuant to Article 2 (commencing with Section 6500) of Chapter
P80   12 of Part 2 of Division 6 due to an acute crisis, pursuant to Section
24418.7.

3(3) Committed by a court to Porterville Developmental Center,
4secure treatment program, pursuant to Article 2 (commencing with
5Section 6500) of Chapter 2 of Part 2 of Division 6 as a result of
6involvement with the criminal justice system, and the court has
7determined the person is mentally incompetent to stand trial.

8(4) A person described in Section 4508.

9(5) A juvenile committed to Porterville Developmental Center,
10secure treatment program, pursuant to Section 709.

11(b) Under no circumstances shall the State Department of
12Developmental Services admit a person to a developmental center
13after July 1, 2012, as a result of a criminal conviction orbegin delete whereend delete
14begin insert whenend insert the person is competent to stand trial for the criminal offense
15and the admission is ordered in lieu of trial.

begin insert

16(c) This section shall remain in effect only until January 1, 2015,
17and as of that date is repealed, unless a later enacted statute, that
18is enacted before January 1, 2015, deletes or extends that date.

end insert
19begin insert

begin insertSEC. 25.end insert  

end insert

begin insertSection 7505 is added to the end insertbegin insertWelfare and Institutions
20Code
end insert
begin insert, to read:end insert

begin insert
21

begin insert7505.end insert  

(a) Notwithstanding any other law, the State Department
22of Developmental Services shall not admit anyone to a
23developmental center unless the person has been determined
24eligible for services under Division 4.5 (commencing with Section
254500) and the person is:

26(1) Committed by a court to Porterville Developmental Center,
27secure treatment program, pursuant to Section 1370.1 of the Penal
28Code.

29(2) Committed by a court to the acute crisis center at Fairview
30Developmental Center, or the acute crisis center at Sonoma
31Developmental Center, pursuant to Article 2 (commencing with
32Section 6500) of Chapter 2 of Part 2 of Division 6 due to an acute
33crisis, pursuant to Section 4418.7.

34(3) Committed by a court to Porterville Developmental Center,
35secure treatment program, pursuant to Article 2 (commencing with
36Section 6500) of Chapter 2 of Part 2 of Division 6 as a result of
37involvement with the criminal justice system, and the court has
38determined the person is mentally incompetent to stand trial.

39(4) A person described in Section 4508.

P81   1(5) A juvenile committed to Porterville Developmental Center,
2secure treatment program, pursuant to Section 709.

3(b) Under no circumstances shall the State Department of
4Developmental Services admit a person to a developmental center
5after July 1, 2012, as a result of a criminal conviction or when the
6person is competent to stand trial for the criminal offense and the
7admission is ordered in lieu of trial.

8(c) This section shall become operative on January 1, 2015.

end insert
9begin insert

begin insertSEC. 26.end insert  

end insert
begin insert

Notwithstanding any other law, Item 4300-101-0001
10of Section 2.00 of the Budget Act of 2011 (Chapter 33 of the
11Statutes of 2011) is available for liquidation of encumbrances
12through June 30, 2015. The unencumbered balance of thirteen
13million forty-eight thousand dollars ($13,048,000) of the amount
14appropriated by Item 4300-101-0001 of Section 2.00 of the Budget
15Act of 2011 (Chapter 33 of the Statutes of 2011) is reappropriated
16for the purposes provided for in the appropriation and is available
17for encumbrance or expenditure until June 30, 2015, and for
18liquidation through June 30, 2017.

end insert
19begin insert

begin insertSEC. 27.end insert  

end insert
begin insert

No reimbursement is required by this act pursuant
20to Section 6 of Article XIII B of the California Constitution because
21the only costs that may be incurred by a local agency or school
22district will be incurred because this act creates a new crime or
23infraction, eliminates a crime or infraction, or changes the penalty
24for a crime or infraction, within the meaning of Section 17556 of
25the Government Code, or changes the definition of a crime within
26the meaning of Section 6 of Article XIII B of the California
27Constitution.

end insert
28begin insert

begin insertSEC. 28.end insert  

end insert
begin insert

This act is a bill providing for appropriations related
29to the Budget Bill within the meaning of subdivision (e) of Section
3012 of Article IV of the California Constitution, has been identified
31as related to the budget in the Budget Bill, and shall take effect
32immediately.

end insert
begin delete
33

SECTION 1.  

It is the intent of the Legislature to enact statutory
34changes relating to the Budget Act of 2014.

end delete


O

    98