SB 321, as amended, 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, requirebegin insert the annual performance objectives, among other things, to be designed to develop culturally and linguistically appropriate services and supports, and requireend insert the department to establish performance contract guidelines and measures relating to issues of cultural and linguistic competency.begin insert This bill would require the department to, beginning July 1, 2014, specify in the performance contract any areas that require improvement by the regional center to reduce racial and ethnic disparities.end insert
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 4629 of the Welfare and Institutions Code
2 is amended to read:
(a) The state shall enter into five-year contracts with
4regional centers, subject to the annual appropriation of funds by
5the Legislature.
6(b) The contracts shall include a provision requiring each
7regional center to render services in accordance with applicable
8begin delete provisionend deletebegin insert provisionsend insert of state laws and regulations.
9(c) (1) The contracts shall include annual performance
10objectives that shall do both of the following:
11(A) Be specific, measurable, and designed to do all of the
12following:
13(i) Assist consumers to achieve life quality outcomes.
14(ii) Achieve meaningful progress above the current baselines.
15(iii) Develop services andbegin delete supportsend deletebegin insert supports, including culturally
16and linguistically appropriate services and supports,end insert identified as
17necessary to meet identified needs.
18(B) Be developed through a public process as described in the
19department’s guidelines that includes, but is not limited to, all of
20the following:
21(i) Providing information, in an understandable formbegin insert and in
22appropriate languagesend insert, to the community about regional center
23services and supports, including budget information and baseline
24data on services and supports and regional center operations.
25(ii) Conducting a public meeting where participants can provide
26input on performance objectives and using focus groups or surveys
27begin insert that take into consideration the linguistic and ethnic diversity of
28the community end insert to collect information from the community.
29(iii) Circulating a draft of the performance objectives to the
30community for input prior to presentation at a
regional center board
31meeting where additional public input will be taken and considered
32before adoption of the objectives.
33(2) In addition to the performance objectives developed pursuant
34to this section, the department may specify in the performance
35contract additional areas of service and support that require
36development or enhancement by the regional center. In determining
37those areas, the department shall consider public comments from
38individuals and organizations within the regional center catchment
P3 1areabegin delete,end deletebegin insert andend insert
the distribution of services and supports within the
2regional center catchment area,begin insert including any racial or ethnic
3disparities in the distribution of services and supports,end insert andbegin insert shallend insert
4 review how the availability of services and supports in the regional
5area catchment area compares with other regional center catchment
6areas.
7(3) In addition to the performance objectives developed pursuant
8to this section, the department shall establish performance contract
9guidelines and measures relating to issues of cultural and linguistic
10begin delete competencyend deletebegin insert
competency and, for the contract year beginning July
111, 2014, the department shall specify in the performance contract
12any areas that require improvement by the regional center to
13reduce racial and ethnic disparities identified pursuant to Section
144519.5end insert.
15(d) Each contract with a regional center shall specify steps to
16be taken to ensure contract compliance, including, but not limited
17to, all of the following:
18(1) Incentives that encourage regional centers to meet or exceed
19performance standards.
20(2) Levels of probationary status for regional centers that do
21not meet, or are at risk of not meeting, performance standards. The
22department shall require that corrective action be taken by any
23regional center which is placed on probation. Corrective action
24may include, but is not
limited to, mandated consultation with
25designated representatives of the Association of Regional Center
26Agencies or a management team designated by the department, or
27both. The department shall establish the specific timeline for the
28implementation of corrective action and monitor its
29implementation. When a regional center is placed on probation,
30the department shall provide the appropriate area board with a
31copy of the correction plan, timeline, and any other action taken
32by the department relating to the probationary status of the regional
33center.
34(e) In order to evaluate the regional center’s compliance with
35its contract performance objectives and legal obligations related
36to those objectives, the department shall do both of the following:
37(1) Annually assess each regional center’s achievement of its
38previous year’s objectives and make the assessment, including
39baseline data
and performance objectives of the individual regional
40centers, available to the public. The department may make a special
P4 1commendation of the regional centers that have best engaged the
2community in the development of contract performance objectives
3and have made the most meaningful progress in meeting or
4exceeding contract performance objectives.
5(2) Monitor the activities of the regional center to ensure
6compliance with the provisions of its contracts, including, but not
7limited to, reviewing all of the following:
8(A) The regional center’s public process for compliance with
9the procedures set forth in paragraph (2) of subdivision (c).
10(B) Each regional center’s performance objectives for
11compliance with the criteria set forth in paragraph (1) of
12subdivision (c).
13(C) Each regional center’s performance objectives for
14compliance with the guidelines and measures established by the
15department pursuant to paragraph (3) of subdivision (c).
16(D) Any public comments on regional center performance
17objectives sent to the department or to the regional centers, and
18soliciting public input on the public process and final performance
19standards.
20(f) The renewal of each contract shall be contingent upon
21compliance with the contract, including, but not limited to, the
22performance objectives, as determined through the department’s
23evaluation.
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