BILL NUMBER: AB 1687 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 26, 2014
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 amended, 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
provide fixed points of contact in the community for persons
with developmental disabilities and their families, and to ensure
that a person with developmental disabilities has access to the
services and supports best suited to the person throughout his or her
lifetime . 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 , including abuse or neglect . Existing
law requires that grants specified rights to
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 to persons with developmental disabilities , 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 them
.
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
no . State-mandated local program: yes
no .
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. 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 An
otherwise qualified person by reason of having a developmental
disability shall not be excluded from participation in, be
denied the benefits of, or be subjected to discrimination under any
program or activity, which
activity that receives public funds.
(b) It is the intent of the Legislature that persons with
developmental disabilities shall have rights including, but not
limited to, the following:
(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.
(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.
(3) A right to participate in an appropriate program of publicly
supported education, regardless of degree of disability.
(4) A right to prompt medical care and treatment.
(5) A right to religious freedom and practice.
(6) A right to social interaction and participation in community
activities.
(7) A right to physical exercise and recreational opportunities.
(8) A right to be free from harm, including unnecessary physical
restraint, or isolation, excessive medication, abuse, or neglect.
(9) A right to be free from hazardous procedures.
(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 them .
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.