Senate Bill No. 321

Introduced by Senator Price

February 19, 2013

An act to amend Section 4629 of the Welfare and Institutions Code, relating to developmental services.

LEGISLATIVE COUNSEL’S DIGEST

SB 321, as introduced, Price. Developmental services: regional centers: performance contracts.

Under the Lanterman Developmental Disabilities Services Act, the State Department of Developmental Services is required to contract with regional centers to provide services and supports to individuals with developmental disabilities. Existing law requires the state to enter into 5-year contracts with the regional centers, subject to the annual appropriation of funds by the Legislature, and requires that the contracts include annual performance objectives, as specified.

This bill would, in this regard, require the department to establish performance contract guidelines and measures relating to issues of cultural and linguistic competency.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 4629 of the Welfare and Institutions Code
is amended to read:

4629.  

(a) The state shall enter into five-year contracts with
regional centers, subject to the annual appropriation of funds by
the Legislature.

(b) The contracts shall include a provision requiring each
regional center to render services in accordance with applicable
provision of state laws and regulations.

(c) (1) The contracts shall include annual performance
objectives that shall do both of the following:

(A) Be specific, measurable, and designed to do all of the
following:

(i) Assist consumers to achieve life quality outcomes.

(ii) Achieve meaningful progress above the current baselines.

(iii) Develop services and supports identified as necessary to
meet identified needs.

(B) Be developed through a public process as described in the
department’s guidelines that includes, but is not limited to, all of
the following:

(i) Providing information, in an understandable form, to the
community about regional center services and supports, including
budget information and baseline data on services and supports and
regional center operations.

(ii) Conducting a public meeting where participants can provide
input on performance objectives and using focus groups or surveys
to collect information from the community.

(iii) Circulating a draft of the performance objectives to the
community for input prior to presentation at a regional center board
meeting where additional public input will be taken and considered
before adoption of the objectives.

(2) In addition to the performance objectives developed pursuant
to this section, the department may specify in the performance
contract additional areas of service and support that require
development or enhancement by the regional center. In determining
those areas, the department shall consider public comments from
individuals and organizations within the regional center catchment
area, the distribution of services and supports within the regional
center catchment area, and review how the availability of services
and supports in the regional area catchment area compares with
other regional center catchment areas.

begin insert

(3) In addition to the performance objectives developed pursuant
to this section, the department shall establish performance contract
guidelines and measures relating to issues of cultural and linguistic
competency.

end insert

(d) Each contract with a regional center shall specify steps to
be taken to ensure contract compliance, including, but not limited
to, all of the following:

(1) Incentives that encourage regional centers to meet or exceed
performance standards.

(2) Levels of probationary status for regional centers that do
not meet, or are at risk of not meeting, performance standards. The
department shall require that corrective action be taken by any
regional center which is placed on probation. Corrective action
may include, but is not limited to, mandated consultation with
designated representatives of the Association of Regional Center
Agencies or a management team designated by the department, or
both. The department shall establish the specific timeline for the
implementation of corrective action and monitor its
implementation. When a regional center is placed on probation,
the department shall provide the appropriate area board with a
copy of the correction plan, timeline, and any other action taken
by the department relating to the probationary status of the regional
center.

(e) In order to evaluate the regional center’s compliance with
its contract performance objectives and legal obligations related
to those objectives, the department shall do both of the following:

(1) Annually assess each regional center’s achievement of its
previous year’s objectives and make the assessment, including
baseline data and performance objectives of the individual regional
centers, available to the public. The department may make a special
commendation of the regional centers that have best engaged the
community in the development of contract performance objectives
and have made the most meaningful progress in meeting or
exceeding contract performance objectives.

(2) Monitor the activities of the regional center to ensure
compliance with the provisions of its contracts, including, but not
limited to, reviewing all of the following:

(A) The regional center’s public process for compliance with
the procedures begin delete sets end delete begin insert set end insert forth in paragraph (2) of subdivision (c).

(B) Each regional center’s performance objectives for
compliance with the criteria set forth in paragraph (1) of
subdivision (c).

begin insert

(C) Each regional center’s performance objectives for
compliance with the guidelines and measures established by the
department pursuant to paragraph (3) of subdivision (c).

end insert begin delete

(C)

end delete

begin insert ( end insert begin insert D) end insert  Any public comments on regional center performance
objectives sent to the department or to the regional centers, and
soliciting public input on the public process and final performance
standards.

(f) The renewal of each contract shall be contingent upon
compliance with the contract begin insert , end insert including, but not limited to, the
performance objectives, as determined through the department’s
evaluation.