BILL NUMBER: AB 1595 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 28, 2014
INTRODUCED BY Assembly Member Chesbro
FEBRUARY 3, 2014
An act to amend Sections 4433, 4433.5, 4474.1, 4478, 4520,
4521, and 4540 of the Welfare and Institutions Code, relating
to developmental services.
LEGISLATIVE COUNSEL'S DIGEST
AB 1595, as amended, Chesbro. State Council on Developmental
Disabilities.
Existing federal law, the Developmental Disabilities Assistance
and Bill of Rights Act of 2000, provides federal funds to assist the
state in planning, coordinating, monitoring, and evaluating services
for persons with developmental disabilities and in establishing a
system to protect and advocate the legal and civil rights of persons
with developmental disabilities.
Existing law establishes the State Council on Developmental
Disabilities to, among other things, serve as the state planning
council responsible for developing the California Developmental
Disabilities State Plan and monitoring and evaluating the
implementation of the plan. Existing law requires the Governor
to appoint 31 voting members to the council, including one
member who is a parent, immediate relative, guardian, or conservator
of a resident of a developmental center. Existing law also
establishes the area boards on developmental disabilities to, among
other things, conduct the local advocacy, capacity
building, and systemic change activities required by the federal
Developmental Disabilities Assistance and Bill of Rights Act of 2000,
and to assist the council on implementing provisions of the act.
This bill would instead require the Governor to appoint a person
with developmental disabilities who is a current or former resident
of an institution or his or her immediate relative, guardian, or
conservator and would require the council to conduct advocacy,
capacity building, and systemic change activities, as specified. The
bill would make additional changes relating to the term of membership
on the council.
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. Existing law authorizes the department to contract with the
council for the purpose of utilizing area boards to provide clients'
rights advocacy services to individuals with developmental
disabilities who reside in developmental centers and state hospitals.
This bill would instead authorize the department to contract with
the council to provide clients' rights advocacy services to
individuals with developmental disabilities who reside in
developmental centers. The bill would make other conforming changes.
This bill would state the intent of the Legislature to enact
legislation amending specified provisions pertaining to the
operations, structure, and responsibilities of the State Council on
Developmental Disabilities.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares the following:
(a) The State Council on Developmental Disabilities engages in
advocacy, capacity building, and systems change activities so that
individuals with developmental disabilities and their families are
assisted by a comprehensive system of services and supports to
achieve self-determination, independence, productivity, and inclusion
in all aspects of community life.
(b) The council is funded through an appropriation governed by the
federal Developmental Disabilities Assistance and Bill of Rights Act
of 2000 (Public Law 106-402)(42 U.S.C. 15001 et seq.).
SEC. 2. Section 4433 of the Welfare and
Institutions Code is amended to read:
4433. (a) The Legislature finds and declares all of the
following:
(1) The State of California accepts its responsibility to ensure
and uphold the rights of persons with developmental disabilities and
an obligation to ensure that laws, regulations, and policies on the
rights of persons with developmental disabilities are observed and
protected.
(2) Persons with developmental disabilities are vulnerable to
abuse, neglect, and deprivations of their rights.
(3) Clients' rights advocacy services provided by the regional
centers, the advocacy services currently provided by the department
at the state hospitals, and the services provided by the department's
Office of Human Rights may have conflicts of interest, or the
appearance of a conflict of interest.
(4) The services provided to individuals with developmental
disabilities and their families are of such a special and unique
nature that they cannot satisfactorily be provided by state agencies
or regional centers and must be contracted out pursuant to paragraph
(3) of subdivision (b) of Section 19130 of the Government Code.
(b) (1) To avoid the potential for a conflict of interest or the
appearance of a conflict of interest, beginning January 1, 1998, the
department shall contract for clients' rights advocacy services. The
department shall solicit a single statewide contract with a nonprofit
agency that results in at least three responsive bids that meet all
of the criteria specified in paragraph (2) to perform the services
specified in subdivision (d). If three responsive bids are not
received, the department may rebid the contract on a regional basis,
not to exceed three regional contracts and one contract for
developmental centers and headquarters.
(2) Any contractor selected shall meet the following requirements:
(A) The contractor can demonstrate the capability to provide
statewide advocacy services to individuals with developmental
disabilities living in developmental centers and in the community.
(B) The contractor does not directly or indirectly provide
services to individuals with developmental disabilities, except
advocacy services.
(C) The contractor has knowledge of the service system,
entitlements, and service rights of persons receiving services from
regional centers and in state hospitals.
(D) The contractor can demonstrate the capability of coordinating
services with the protection and advocacy agency specified in
Division 4.7 (commencing with Section 4900) and the area
boards .
(E) The contractor has not provided any services, except advocacy
services, to, or been employed by, any regional center or the
Association of Regional Center Agencies during the two-year period
prior to the effective date of the contract.
(c) For the purposes of this section, the Legislature further
finds and declares that because of a potential conflict of interest
or the appearance of a conflict of interest, the goals and purposes
of the regional center clients' rights advocacy services, the state
hospitals, and the services of the Office of Human Rights, cannot be
accomplished through the utilization of persons selected pursuant to
the regular civil service system, nor can the services be provided
through the department's contracts with regional centers.
Accordingly, contracts into which the department enters pursuant to
this section are permitted and authorized by paragraphs (3) and (5)
of subdivision (b) of Section 19130 of the Government Code.
(d) The contractor shall do all of the following:
(1) Provide clients' rights advocacy services to persons with
developmental disabilities who are consumers of regional centers and
to individuals who reside in the state developmental centers and
hospitals, including ensuring the rights of persons with
developmental disabilities, and assisting persons with developmental
disabilities in pursuing administrative and legal remedies.
(2) Investigate and take action as appropriate and necessary to
resolve complaints from, or concerning persons with, developmental
disabilities residing in licensed health and community care
facilities regarding abuse, and unreasonable denial, or punitive
withholding, of rights guaranteed under this division.
(3) Provide consultation, technical assistance, supervision and
training, and support services for clients' rights advocates that
were previously the responsibility of the Office of Human Rights.
(4) Coordinate the provision of clients' rights advocacy services
in consultation with the department, stakeholder organizations, and
persons with developmental disabilities and their families
representing California's multicultural diversity.
(5) Provide at least two self-advocacy trainings for consumers and
family members.
(e) In order to ensure that individuals with developmental
disabilities have access to high quality advocacy services, the
contractor shall establish a grievance procedure and shall advise
persons receiving services under the contract of the availability of
other advocacy services, including the services provided by the
protection and advocacy agency specified in Division 4.7 (commencing
with Section 4900) and the area boards .
(f) The department shall contract on a multiyear basis for a
contract term of up to five years, subject to the annual
appropriation of funds by the Legislature.
(g) This section shall not prohibit the department and the
regional centers from advocating for the rights, including the right
to generic services, of persons with developmental disabilities.
SEC. 3. Section 4433.5 of the Welfare
and Institutions Code is amended to read:
4433.5. Notwithstanding Section 4433, the department may contract
with the State Council on Developmental Disabilities for the purpose
of utilizing area boards to provide
providing clients' rights advocacy services to individuals with
developmental disabilities who reside in developmental
centers and state hospitals. It is the intent of the Legislature that
area boards maintain local discretion in the provision of these
advocacy services. The state council shall not direct the advocacy
services provided by area boards pursuant to this contract, except
when necessary to ensure compliance with the contracts.
centers.
SEC. 4. Section 4474.1 of the Welfare
and Institutions Code is amended to read:
4474.1. (a) Whenever the State Department of Developmental
Services proposes the closure of a state developmental center, the
department shall be required to submit a detailed plan to the
Legislature not later than April 1 immediately prior to the fiscal
year in which the plan is to be implemented, and as a part of the
Governor's proposed budget. No A plan
submitted to the Legislature pursuant to this section, including any
modifications made pursuant to subdivision (b), shall not
be implemented without the approval of the Legislature.
(b) A plan submitted on or before April 1 immediately prior to the
fiscal year in which the plan is to be implemented may be
subsequently modified during the legislative review process.
(c) Prior to submission of the plan to the Legislature, the
department shall solicit input from the State Council on
Developmental Disabilities, the Association of Regional Center
Agencies, the protection and advocacy agency specified in Section
4901, the local area board on developmental disabilities,
the local regional center, consumers living in the
developmental center, parents, family members, guardians, and
conservators of persons living in the developmental centers or their
representative organizations, persons with developmental disabilities
living in the community, developmental center employees and employee
organizations, community care providers, the affected city and
county governments, and business and civic organizations, as may be
recommended by local state Senate and Assembly representatives.
(d) Prior to the submission of the plan to the Legislature, the
department shall confer with the county in which the developmental
center is located, the regional centers served by the developmental
center, and other state departments using similar occupational
classifications, to develop a program for the placement of staff of
the developmental center planned for closure in other developmental
centers, as positions become vacant, or in similar positions in
programs operated by, or through contract with, the county, regional
centers, or other state departments.
(e) Prior to the submission of the plan to the Legislature, the
department shall hold at least one public hearing in the community in
which the developmental center is located, with public comment from
that hearing summarized in the plan.
(f) The plan submitted to the Legislature pursuant to this section
shall include all of the following:
(1) A description of the land and buildings affected.
(2) A description of existing lease arrangements at the
developmental center.
(3) The impact on residents and their families.
(4) Anticipated alternative placements for residents.
(5) The impact on regional center services.
(6) Where services will be obtained that, upon closure of the
developmental center, will no longer be provided by that facility.
(7) Potential job opportunities for developmental center employees
and other efforts made to mitigate the effect of the closure on
employees.
(8) The fiscal impact of the closure.
(9) The timeframe in which closure will be accomplished.
SEC. 5. Section 4478 of the Welfare and
Institutions Code is amended to read:
4478. (a) The chairperson of an advisory board advising a
developmental center shall meet annually with the developmental
center director, the regional center directors, and the area
board chairpersons representing areas within the developmental
center's service area, as defined in Division 4.5 (commencing with
Section 4500) a representative of the State Council on
Developmental Disabilities .
(b) The chairpersons shall be allowed necessary expenses incurred
in attending these meetings.
(c) It is the intent of the Legislature that the department assist
the development of annual regional meetings required by this
section.
SEC. 6. Section 4520 of the Welfare and
Institutions Code is amended to read:
4520. (a) The Legislature finds that services for persons with
developmental disabilities constitute a major expenditure of public
funds, that these programs are provided by hundreds of public and
private statewide and local agencies, that the legal, civil, and
service rights of persons with developmental disabilities are
frequently denied, and that there is no effective method for planning
and coordinating the state's resources to assure these rights.
Therefore, a State Council on Developmental Disabilities with
authority independent of any single state service agency is needed
and is hereby created to conduct advocacy, capacity building,
and system ic change activities, as required by
the federal Developmental Disabilities Assistance and Bill of Rights
Act of 2000 (Public Law 106-402 (42 U.S.C. Sec. 15001 et seq.))
.
(b) The Legislature further finds that the state faces unique
challenges because of its size and diversity, and that
neighborhoods and communities lack the support necessary to monitor
system functions and ensure the legal, civil, and service
advocate for the rights and interests
of persons with developmental disabilities. Therefore, local area
boards on developmental disabilities shall be established to conduct
the local advocacy, capacity building, and systemic change activities
required by the federal Developmental Disabilities Assistance and
Bill of Rights Act of 2000 (Public Law 106-402 (42 U.S.C. Sec.
15001)).
(c) This chapter, Chapter 3 (commencing with Section 4560),
and Chapter 4 (commencing with Section
4570), 4571), and Division 4.7 (commencing with
Section 4900), are intended by the Legislature to secure full
compliance with the requirements of the Developmental Disabilities
Assistance and Bill of Rights Act of 2000 (Public Law 106-402), as
amended and extended, which provides federal funds to assist the
state in planning, coordinating, monitoring, and evaluating services
for persons with developmental disabilities and in establishing a
system to protect and advocate the legal and civil rights of persons
with developmental disabilities.
SEC. 7. Section 4521 of the Welfare and
Institutions Code is amended to read:
4521. (a) All references to "state council" in this part shall be
a reference to the State Council on Developmental Disabilities.
(b) There shall be 31 voting members on the state council
appointed by the Governor, as follows:
(1) One member from each of the 13 area boards on developmental
disabilities described in Article 6 (commencing with Section 4543),
nominated by the area board to serve as a council member, who shall
be persons with a developmental disability, as defined in Section
15002(8) of Title 42 of the United States Code, or parents or
guardians of minors with developmental disabilities or conservators
of adults with developmental disabilities residing in California.
Five of these members shall be persons with a developmental
disability, as defined in Section 15002(8) of Title 42 of the United
States Code, three shall be parents, immediate relatives, guardians,
or conservators of persons with developmental disabilities, and five
shall be either a person with a developmental disability or a parent,
immediate relatives, guardian, or conservator of a person with a
developmental disability. The nominee from each area board shall be
an area board member who was appointed by the Governor.
(2) Eleven members of the council shall include the following:
(A) The Secretary of California Health and Human Services, or his
or her designee, who shall represent the agency and the state agency
that administers funds under Title XIX of the Social Security Act for
people with developmental disabilities.
(B) The Director of Developmental Services or his or her designee.
(C) The Director of Rehabilitation or his or her designee.
(D) The Superintendent of Public Instruction or his or her
designee.
(E) A representative from a nongovernmental agency or group
concerned with the provision of services to persons with
developmental disabilities.
(F) One representative from each of the three university centers
for excellence in the state, pursuant to Section 15061 et seq. of
Title 42 of the United States Code, providing training in the field
of developmental services. These individuals shall have expertise in
the field of developmental disabilities.
(G) The Director of Health Care Services or his or her designee.
(H) The executive director of the agency established in California
to fulfill the requirements and assurance of Title I, Subtitle C, of
the federal Developmental Disabilities Assistance and Bill of Rights
Act of 2000 for a system to protect and advocate the rights of
persons with developmental disabilities, or his or her designee.
(I) The Director of the California Department of Aging
or his or her designee.
(3) Seven members at large, appointed by the Governor, as follows:
(A) Three shall be persons with developmental disabilities, as
defined in Section 15002(8) of Title 42 of the United States Code.
(B) One shall be a person with developmental disabilities
who is a parent, current or former
resident of an institution or his or her immediate
relative, guardian, or conservator of a resident of a
developmental center .
(C) One shall be a person who is a parent, immediate relative,
guardian, or conservator of a person with a developmental disability
living in the community.
(D) One shall be a person who is a parent, immediate relative,
guardian, or conservator of a person with a developmental disability
living in the community, nominated by the Speaker of the Assembly.
(E) One shall be a person with developmental disabilities, as
defined in Section 15002(8) of Title 42 of the United States Code,
nominated by the Senate Committee on Rules.
(c) Prior to appointing the 31 members pursuant to this section,
the Governor shall request and consider recommendations from
organizations representing, or providing services to, or both,
persons with developmental disabilities, and shall take into account
socioeconomic, ethnic, and geographic considerations of the state.
(d) The term of each member described in paragraph (1) of,
subparagraphs (E) and (H) subparagraph (E)
of paragraph (2) of, and paragraph (3) of, subdivision (b)
shall be for three years; provided, however, of
years. Of the members first appointed by the Governor
pursuant to paragraph (1) of subdivision (b), five shall hold office
for three years, four shall hold office for two years, and four shall
hold office for one year. In no event shall any member described in
paragraph (1) of, subparagraphs (E) and (H) of paragraph (2) of, and
paragraph (3) of, subdivision (b) serve for more than a total of six
years of service. Service by any individual on any state council on
developmental disabilities existing on and after January 1, 2003,
shall be included in determining the total length of service.
(e) Members appointed to the state council prior to June 1, 2002,
shall continue to serve until the term to which they were appointed
expires. Members appointed on June 1, 2002, or thereafter shall have
their terms expire on January 1, 2003.
(f) Notwithstanding subdivision (c) of Section 4546, members
described in subdivision (b) shall continue to serve on the area
board following the expiration of their term on the area board until
their term on the state council has expired.
(g)
(e) A member may continue to serve following the
expiration of his or her term until the Governor appoints that member'
s successor. The state council shall notify the Governor regarding
membership requirements of the council and shall notify the Governor
at least 60 days before a member's term expires, and when a vacancy
on the council remains unfilled for more than 60 days.
SEC. 8. Section 4540 of the Welfare and
Institutions Code is amended to read:
4540. In order to comply with the intent and requirements of this
division and Public Law 106-402 (42 U.S.C. Sec. 15001 et seq.), the
state council, in addition to any other responsibilities established
under this division and to the extent that resources are available,
shall do all of the following:
(a) Serve as an advocate for individuals with developmental
disabilities and, through council members, staff, consultants, and
contractors and grantees, conduct advocacy, capacity building, and
systemic change activities.
(a)
(b) Serve as the "state planning council" responsible
for developing the "California Developmental Disabilities State Plan,"
in accordance with requirements issued by the United States
Secretary of Health and Human Services, monitoring and evaluating the
implementation of this plan, reviewing and commenting on other plans
and programs in the state affecting persons with developmental
disabilities, and submitting these reports as the United States
Secretary of Health and Human Services may reasonably request.
(b)
(c) Serve as the official agency responsible for
planning the provision of the federal funds allotted to the state
under Public Law 106-402 (42 U.S.C. Sec. 15001 et seq.), and
apportion these funds among agencies and area developmental
disabilities boards in compliance with applicable state and federal
law.
(c)
(d) Prepare and approve a budget, for the use of
amounts paid to the state to hire any staff and to obtain the
services of any professional, technical, or clerical personnel
consistent with state and federal law, as the council determines to
be necessary to carry out its functions.
(d)
(e) (1) Conduct activities related to meeting the
objectives of the state plan. To the extent that resources are
available, these activities shall include all of the following:
(A) Through support of the area boards, engaging in geographically
based outreach and individual and systemic advocacy to assist and
enable individuals and families to obtain services, supports, and
other forms of assistance.
(B) Support and conduct technical assistance activities to assist
public and private entities to contribute to the objectives of the
state plan.
(C) Support and conduct activities to promote interagency
collaboration and coordination at the state and local levels.
(D) Support and conduct activities to educate the public about the
capabilities, preferences, and needs of individuals with
developmental disabilities and their families, and to develop and
support coalitions that support the policy agenda of the council,
including training in self-advocacy, education of policymakers, and
citizen leadership roles.
(E) Support and conduct activities to provide information to
policymakers.
(2) These activities may also include, but shall not be limited
to, all of the following:
(A) Support and conduct training for persons with developmental
disabilities, their families, and personnel, to enable these
individuals to obtain access to, or to provide, community services,
individualized supports, and other forms of assistance.
(B) Support and conduct activities to assist neighborhoods and
communities to respond positively to individuals with disabilities
and their families.
(C) Support and conduct activities to eliminate barriers to access
and use of community services by individuals with developmental
disabilities, enhance system design and redesign, and enhance citizen
participation.
(D) Support and conduct, on a time-limited basis, activities to
demonstrate new approaches to serving individuals with developmental
disabilities that are a part of an overall strategy for systemic
change.
(e)
(f) Conduct other activities, including, but not
limited to, public hearings and forums and the evaluation and
issuance of public reports on the programs identified in the state
plan, as may be necessary to carry out the duties of the state
council.
(f)
(g) Review and comment on pertinent portions of the
proposed plans and budgets of all state agencies serving persons with
developmental disabilities to include, but not be limited to, the
State Department of Education, the Department of Rehabilitation, and
the State Department of Developmental Services. This review may
include public hearings prior to the submission of the Governor's
Budget to the Legislature, with advice directed to the Governor, and
after introduction of the Governor's Budget, with advice directed to
the Legislature.
(g)
(h) (1) Prepare an annual written
report of its activities, its recommendations, and an evaluation of
the efficiency of the administration of this division to the Governor
and the Legislature.
This
(2) This report shall include
both the statewide activities of the state council and the local
activities of the area boards.
(h)
(i) Review and publicly comment on significant
regulations proposed to be promulgated by any state agency in the
implementation of this division.
(i)
(j) Monitor the execution of this division and report
directly to the Governor and the Legislature any delay in the rapid
execution of this division.
(j)
(k) Be responsible for monitoring and evaluating the
effectiveness of appeals procedures established in this division.
(k)
(l) Provide testimony to legislative committees
reviewing fiscal or policy matters pertaining to persons with
developmental disabilities.
( l )
(m) (1) Conduct, or cause to be
conducted, investigations or public hearings to resolve disagreements
between state agencies, or between state and regional or local
agencies, or between persons with developmental disabilities and
agencies receiving state funds. These investigations or public
hearings shall be conducted at the discretion of the state council
only after all other appropriate administrative procedures for
appeal, as established in state and federal law, have been fully
utilized.
Except
(2) Except as otherwise provided
in this division, the state council shall not engage in the
administration of the day-to-day operation of service programs
identified in the state plan, nor in the financial management and
accounting of funds. These activities shall be performed by
appropriate agencies designated in the state plan.
(m)
(n) To the greatest extent possible, area boards shall
participate in conducting the activities described in this section.
SEC. 2. It is the intent of the Legislature to
enact legislation to amend Division 4.5 (commencing with Section
4500) of the Welfare and Institutions Code, as it pertains to the
operations, structure, and responsibilities of the State Council on
Developmental Disabilities. These changes will bring state law into
full compliance with federal law in order to provide for the
continued operation of the council.