SB 295, as introduced, Emmerson. Developmental services: protection and advocacy agencies.
Existing law, the Lanterman Developmental Disabilities Services Act, requires the State Department of Developmental Services to contract with appropriate agencies to provide community services and support for persons with developmental disabilities and their families, including, but not limited to, regional centers, and sets forth the duties of the regional centers, including, but not limited to, development of individual program plan and the purchase of needed services to implement the plan. Existing law prohibits an employee or agent of a facility, program or service from subjecting a person with a disability to reprisal or harassment that would prevent the person, his or her legally authorized representative, or family member from reporting to the protection and advocacy agency designated by the Governor information pertaining to suspected abuse, neglect, or other violations of the person’s rights.
This bill would make technical, nonsubstantive changes to those provisions.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 4905 of the Welfare and Institutions Code
2 is amended to read:
(a) No employee or agent of a facility, program, or
4service shall subject a person with a disability to reprisal or
5harassment or directly or indirectly take or threaten to takebegin delete anyend deletebegin insert anend insert
6 action that would prevent the person, his or her legally authorized
7representative, or family member from reporting or otherwise
8bringing to the attention of the protection and advocacy agency
9begin delete anyend deletebegin insert theend insert facts or information relative
to suspected abuse, neglect,
10or other violations of the person’s rights.
11(b) begin deleteAny end deletebegin insertAn end insertattempt to involuntarily remove from a facility,
12program, or service, or to deny privileges or rights without good
13cause to a person with a disability by whom or for whom a
14complaint has been made to the protection and advocacy agency,
15within 60 days after the date the complaint is made or within 60
16days after the conclusion ofbegin delete anyend deletebegin insert aend insert proceeding resulting from the
17complaint, shall raise a presumption that the action was taken in
18retaliation for the filing of the
complaint.
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