BILL NUMBER: AB 1687 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Conway
FEBRUARY 13, 2014
An act to amend Section 4502 of, to amend the heading of Chapter 1
(commencing with Section 4500) of Division 4.5 of, to add the
heading of Chapter 1.3 (commencing with Section 4502) to, and to add
the heading of Chapter 1.6 (commencing with Section 4507) to,
Division 4.5 of, the Welfare and Institutions Code, relating to
developmental services.
LEGISLATIVE COUNSEL'S DIGEST
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:
SECTION 1. The heading of Chapter 1 (commencing with Section 4500)
of Division 4.5 of the Welfare and Institutions Code is amended to
read:
CHAPTER 1. GENERAL PROVISIONS TITLE
AND INTENT
SEC. 2. The heading of Chapter 1.3 (commencing with Section 4502)
is added to Division 4.5 of the Welfare and Institutions Code, to
read:
CHAPTER 1.3. PERSONS WITH DEVELOPMENTAL DISABILITIES BILL OF
RIGHTS
SEC. 3. Section 4502 of the Welfare and Institutions Code is
amended to read:
4502. (a) Persons with developmental
disabilities have the same legal rights and responsibilities
guaranteed all other individuals by the United States Constitution
and laws and the Constitution and laws of the State of California. No
otherwise qualified person by reason of having a developmental
disability shall be excluded from participation in, be denied the
benefits of, or be subjected to discrimination under any program or
activity, which receives public funds.
It
(b) It is the intent of the
Legislature that persons with developmental disabilities shall have
rights including, but not limited to, the following:
(a)
(1) A right to treatment and habilitation services and
supports in the least restrictive environment. Treatment and
habilitation services and supports should foster the developmental
potential of the person and be directed toward the achievement of the
most independent, productive, and normal lives possible. Such
services shall protect the personal liberty of the individual and
shall be provided with the least restrictive conditions necessary to
achieve the purposes of the treatment, services, or supports.
(b)
(2) A right to dignity, privacy, and humane care. To
the maximum extent possible, treatment, services, and supports shall
be provided in natural community settings.
(c)
(3) A right to participate in an appropriate program of
publicly supported education, regardless of degree of disability.
(d)
(4) A right to prompt medical care and treatment.
(e)
(5) A right to religious freedom and practice.
(f)
(6) A right to social interaction and participation in
community activities.
(g)
(7) A right to physical exercise and recreational
opportunities.
(h)
(8) A right to be free from harm, including unnecessary
physical restraint, or isolation, excessive medication, abuse, or
neglect.
(i)
(9) A right to be free from hazardous procedures.
(j)
(10) A right to make choices in their own lives,
including, but not limited to, where and with whom they live, their
relationships with people in their community, the way they spend
their time, including education, employment, and leisure, the pursuit
of their personal future, and program planning and implementation.
(11) A right to a prompt investigation of any alleged abuse
against a person with developmental disabilities. The results of the
investigation shall be made available to the person and his or her
family, legal guardian, conservator, or authorized representative in
a timely fashion.
SEC. 4. The heading of Chapter 1.6 (commencing with Section 4507)
is added to Division 4.5 of the Welfare and Institutions Code, to
read:
CHAPTER 1.6. GENERAL PROVISIONS
SEC. 5. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.