AB 1687, as introduced, Conway. Persons with Developmental Disabilities Bill of Rights.
Existing law, the Lanterman Developmental Disabilities Services Act, requires the State Department of Developmental Services to contract with regional centers to provide services and supports to individuals with developmental disabilities. Existing law states the intent of the Legislature that persons with developmental disabilities have certain rights, including a right to prompt medical care and treatment and a right to be free from harm. Existing law requires that a person with developmental disabilities who has been admitted or committed to a state hospital, community care facility, or health facility have specified rights, including the right to have access to individual storage space for private use and a right to see visitors each day. Existing law requires a developmental center to immediately report resident deaths and certain serious injuries, including a sexual assault, to the local law enforcement agency having jurisdiction over the city or county in which the developmental center is located.
This bill would recast those rights as the Persons with Developmental Disabilities Bill of Rights. The bill would include, as a right, the right to a prompt investigation of any alleged abuse against a person with developmental disabilities and the results of the investigation to be made available to the person and his or her family, legal guardian, conservator, or authorized representative in a timely fashion. By creating new duties for local officials, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
The heading of Chapter 1 (commencing with
2Section 4500) of Division 4.5 of the Welfare and Institutions Code
3 is amended to read:
4
The heading of Chapter 1.3 (commencing with Section
84502) is added to Division 4.5 of the Welfare and Institutions
9Code, to read:
10
Section 4502 of the Welfare and Institutions Code is
15amended to read:
begin insert(a)end insertbegin insert end insertPersons with developmental disabilities have the
17same legal rights and responsibilities guaranteed all other
18individuals by the United States Constitution and laws and the
19Constitution and laws of the State of California. No otherwise
20qualified person by reason of having a developmental disability
P3 1shall be excluded from participation in, be denied the benefits of,
2or be subjected to discrimination under any program or activity,
3which receives public funds.
4It
end delete
5begin insert(b)end insertbegin insert end insertbegin insertItend insert is the intent of the Legislature that persons with
6developmental disabilities shall have rights including, but not
7limited to, the following:
8(a)
end delete
9begin insert(1)end insert A right to treatment and habilitation services and supports
10in the least restrictive environment. Treatment and habilitation
11services and supports should foster the developmental potential
12of the person and be directed toward the achievement of the most
13independent, productive, and normal lives possible. Such services
14shall protect the personal liberty of the individual and shall be
15provided with the least restrictive conditions necessary to achieve
16the purposes of the treatment,
services, or supports.
17(b)
end delete
18begin insert(2)end insert A right to dignity, privacy, and humane care. To the
19maximum extent possible, treatment, services, and supports shall
20be provided in natural community settings.
21(c)
end delete
22begin insert(3)end insert A right to participate in an appropriate program of publicly
23supported education, regardless of degree of disability.
24(d)
end delete25begin insert(4)end insert A right to prompt medical care and treatment.
26(e)
end delete27begin insert(5)end insert A right to religious freedom and practice.
28(f)
end delete
29begin insert(6)end insert A right to social interaction and participation in community
30
activities.
31(g)
end delete32begin insert(7)end insert A right to physical exercise and recreational opportunities.
33(h)
end delete
34begin insert(8)end insert A right to be free from harm, including unnecessary physical
35restraint, or isolation, excessive medication, abuse, or neglect.
36(i)
end delete37begin insert(9)end insert A right to be free from hazardous procedures.
38(j)
end delete
39begin insert(10)end insert A right to make choices in their own lives, including, but
40not limited to, where and with whom they live, their relationships
P4 1with people in their community, the way they spend their time,
2including education, employment, and leisure, the pursuit of their
3personal future, and program planning and implementation.
4(11) A right to a prompt investigation of any alleged abuse
5against a person with developmental disabilities. The results of
6the investigation shall be made available to the person and his or
7her family, legal guardian, conservator, or authorized
8representative in a timely fashion.
The heading of Chapter 1.6 (commencing with Section
104507) is added to Division 4.5 of the Welfare and Institutions
11Code, to read:
12
If the Commission on State Mandates determines that
16this act contains costs mandated by the state, reimbursement to
17local agencies and school districts for those costs shall be made
18pursuant to Part 7 (commencing with Section 17500) of Division
194 of Title 2 of the Government Code.
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