BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 1687
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          ASSEMBLY THIRD READING
          AB 1687 (Conway)
          As Amended  March 26, 2014
          Majority vote 

           HUMAN SERVICES      6-0                                         
           
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          |Ayes:|Stone, Maienschein,       |     |                          |
          |     |Ammiano,                  |     |                          |
          |     |Ian Calderon, Garcia,     |     |                          |
          |     |Grove                     |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |     |                          |     |                          |
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           SUMMARY  :  Establishes the Persons with Developmental  
          Disabilities Bill of Rights and adds to the list of rights  
          provided in current statute.  Specifically,  this bill  :

          1)Renames the list of rights granted to persons with  
            developmental disabilities included in Welfare and  
            Institutions Code (WIC) Section 4502 the Persons with  
            Developmental Disabilities Bill of Rights.

          2)Adds to the list of rights granted to persons with  
            developmental disabilities the right to a prompt investigation  
            of any alleged abuse against them.

           EXISTING LAW  :

          1)Establishes an entitlement to services for individuals with  
            developmental disabilities under the Lanterman Developmental  
            Disabilities Services Act (Lanterman Act).  (WIC Section 4500  
            et seq.) 

          2)Grants all individuals with developmental disabilities, among  
            all other rights and responsibilities established for any  
            individual by the United States Constitution and laws and the  
            California Constitution and laws, the right to treatment and  
            habilitation services and supports in the least restrictive  
            environment and the right to be free from harm, including  
            unnecessary physical restraint or isolation, excessive  
            medication, abuse, or neglect.  (WIC Section 4502)









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          3)Prohibits discrimination against individuals in protected  
            classes, including national origin and ethnic group  
            identification, for purposes of providing full and equal  
            access to benefits or programs that are operated or funded by  
            the state.  (Government Code (GOV) Section 11135 et seq.)

          4)Designates as a mandated reporter of abuse any person with  
            responsibility for care or custody of an elder or dependent  
            adult and requires that mandated reporter to report the known  
            or suspected incident of abuse immediately or as soon as  
            practicably possible, as specified.  (WIC Section 15630)

          5)Defines "dependent adult" as any person who is between the  
            ages of 18 and 64, who has physical or mental limitations  
            which restrict his or her ability to carry out normal  
            activities or to protect his or her rights, including, but not  
            limited to, persons who have physical or developmental  
            disabilities or whose physical or mental abilities have  
            diminished because of age, and also includes in the definition  
            any person between the ages of 18 and 64 who is admitted as an  
            inpatient to a 24-hour health facility.  (Penal Code (PC)  
            Section 368(h))

          6)Provides that local and state law enforcement agencies shall  
            have concurrent jurisdiction to investigate elder and  
            dependent adult abuse and all other crimes against elder  
            victims and victims with disabilities, and provides that adult  
            protective services agencies and long-term care ombudsman  
            programs also have jurisdiction to investigate elder and  
            dependent abuse and criminal neglect, to the extent permitted  
            by law, except that law enforcement agencies shall retain  
            exclusive responsibility for criminal investigations.  (PC  
            Section 368.5)

          7)Establishes minimum standards for the examination and  
            treatment of victims of sexual assault, including notification  
            of law enforcement and a requirement that consent be provided  
            by the victim prior to a physical examination, as specified.   
            (PC Section 13823.11)

          8)Requires an updated continuing education Peace Officer  
            Standards and Training (POST) course that relates to law  
            enforcement interaction with people with mental disabilities  
            to be available to law enforcement agencies in California.   








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            (PC Section 13515.25(a))

          9)Defines protection and advocacy agency as the private,  
            nonprofit corporation designated by the Governor, pursuant to  
            federal law, for the protection and advocacy of the rights of  
            persons with disabilities, including people with developmental  
            disabilities and people with mental illness, as specified.   
            (WIC Section 4900(i))  

           FISCAL EFFECT  :  Unknown.  This bill is keyed non-fiscal by the  
          Legislative Counsel.

           COMMENTS  :  This bill is one of three introduced by the author  
          intended to address crimes committed against people with  
          developmental disabilities.  This bill adds to an established  
          list of rights for people with developmental disabilities the  
          right to a prompt investigation of any alleged abuse against  
          them.

           Background  :  The Lanterman Act (WIC Section 4500 et seq.) guides  
          the provision of services and supports for Californians with  
          developmental disabilities.  Each individual under the Act,  
          typically referred to as a "consumer," is legally entitled to  
          treatment and habilitation services and supports in the least  
          restrictive environment.  Lanterman Act services are designed to  
          enable all consumers to live more independent and productive  
          lives in the community. 

          The term "developmental disability" means a disability that  
          originates before an individual attains 18 years of age, is  
          expected to continue indefinitely, and constitutes a substantial  
          disability for that individual.  It includes intellectual  
          disabilities, cerebral palsy, epilepsy, and autism spectrum  
          disorders (ASD).  Other developmental disabilities are those  
          disabling conditions similar to an intellectual disability that  
          require treatment (i.e., care and management) similar to that  
          required by individuals with an intellectual disability.  This  
          does not include conditions that are solely psychiatric or  
          physical in nature, and the conditions must occur before age 18,  
          result in a substantial disability, be likely to continue  
          indefinitely, and involve brain damage or dysfunction.  Examples  
          of conditions might include intracranial neoplasms, degenerative  
          brain disease or brain damage associated with accidents. 









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          Direct responsibility for implementation of the Lanterman Act  
          service system is shared by the Department of Developmental  
          Services (DDS) and 21 regional centers, which are private  
          nonprofit entities, established pursuant to the Lanterman Act,  
          that contract with DDS to carry out many of the state's  
          responsibilities under the Act.  The principal roles of regional  
          centers include intake and assessment, individualized program  
          plan development, case management, and securing services through  
          generic agencies or purchasing services provided by vendors.   
          Regional centers also share primary responsibility with local  
          education agencies for provision of early intervention services  
          under the California Early Intervention Services Act.  

          The 21 regional centers throughout the state serve over 260,000  
          consumers who receive services such as residential placements,  
          supported living services, respite care, transportation, day  
          treatment programs, work support programs, and various social  
          and therapeutic activities.  Approximately 1,300 consumers  
          reside at one of California's four Developmental Centers-and one  
          state-operated, specialized community facility-which provide  
          24-hour habilitation and medical and social treatment services.   

           
           Current rights of people with developmental disabilities:  In  
          addition to having the same legal rights and responsibilities  
          guaranteed to any other individual in the U.S. Constitution or  
          the California Constitution, Section 4502 of the Welfare and  
          Institutions Code, which this bill amends, provides a more  
          explicit list of rights that the Legislature intends to uphold  
          for individuals with developmental disabilities.  These are: 

          1)A right to treatment and habilitation services and supports in  
            the least restrictive environment;

          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;








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          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; and

          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.

          While these rights should be readily granted, without question,  
          to any person, the often substandard and inappropriate treatment  
          of people with developmental disabilities that led to  
          development of the Lanterman Act and other major changes in law  
          to protect individuals with disabilities prompted the  
          Legislature's development of this explicit list of rights. 

          Investigations of abuse:  While most people without disabilities  
          must contact local law enforcement to report an alleged crime  
          committed against them, a complaint of alleged abuse against a  
          person with a disability, even if he or she does not have a  
          developmental disability, can be made to a number of local and  
          statewide enforcement agencies.  Among the agencies that respond  
          to and investigate such complaints are local law enforcement,  
          the Long Term Care Ombudsman, Adult Protective Services, Child  
          Protective Services, the California Department of Social  
          Services and the Department of Public Health, with some  
          variation in applicability of the latter few based on the  
          individual's residence type and age.  The Office of Protective  
          Services (OPS) is the primary agency responsible for  
          investigating abuse in the state's developmental centers for  
          persons with developmental disabilities.  Additionally, the  
          state's protection and advocacy organization has an  
          investigations unit, which also looks into allegations of abuse  
          and neglect involving people with disabilities and can provide  








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          key information to enforcement agencies that facilitate  
          additional actions to help the victims.  
           
           Need for the bill:  In expressing the need for this bill,  
          Disability Rights California, the state's mandated protection  
          and advocacy agency, states, "People with disabilities are more  
          likely to be the victims of abuse and neglect.  Yet, allegations  
          of crimes against them receive lower priority and are  
          investigated more slowly than crimes against their non-disabled  
          peers, with some investigations never being finished or taking  
          months or years to conclude."

          The majority of laws and regulations pertaining to the abuse of  
          children, or dependent or elder adults, focus on requirements  
          for certain individuals or entities to report allegations of  
          abuse within a specified amount of time but often do not address  
          the timeline for an investigation of such a report.  This bill  
          seeks to ensure that prompt investigations of alleged abuse  
          against individuals with developmental disabilities are part of  
          the process that follows the required reports of alleged abuse.   
          There is no opposition on file.
           

          Analysis Prepared by  :    Myesha Jackson / HUM. S. / (916)  
          319-2089 


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