BILL ANALYSIS Ó
SB 367
Page 1
SENATE THIRD READING
SB 367 (Block)
As Amended August 15, 2013
Majority vote
SENATE VOTE :38-0
HUMAN SERVICES 7-0
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|Ayes:|Stone, Maienschein, | | |
| |Ammiano, | | |
| |Ian Calderon, Garcia, | | |
| |Grove, Hall | | |
|-----+--------------------------+-----+--------------------------|
| | | | |
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SUMMARY : Includes issues related to cultural and linguistic
competency in regional center governing board training
requirements. Specifically, this bill :
1)Adds issues relating to linguistic and cultural competency to
the training and support a regional center is required to
provide to its governing board members.
2)Requires each regional center to post information regarding
the training and support provided to governing board members
on its Internet Web site.
3)Requires a regional center governing board to annually review
the performance of the regional center in providing services
that are linguistically and culturally appropriate and allows
the board to provide recommendations to the regional center
director based on the results of that review.
EXISTING LAW :
1)Establishes an entitlement to services for individuals with
developmental disabilities under the Lanterman Developmental
Disabilities Services Act (Lanterman Act). (Welfare and
Institutions Code (WIC) Section 4500 et seq.)
2)Grants all individuals with developmental disabilities, among
all other rights and responsibilities established for any
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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. (WIC Section 4502)
3)Establishes a system of 21 nonprofit regional centers
throughout the state to identify needs and coordinate services
for eligible individuals with developmental disabilities, and
requires the Department of Developmental Services (DDS) to
contract with the regional centers to provide case management
services and arrange for or purchase services that meet the
needs of individuals with developmental disabilities, as
defined. (WIC Section 4620 et seq.)
4)Requires the governing board of each regional center to meet
specified criteria, including that board members must be
individuals with demonstrated interest in, or knowledge of,
developmental disabilities; each board must reflect the
geographic and ethnic characteristics of the regional center
catchment area; and at least 25% of board membership must be
persons with developmental disabilities. (WIC Section 4622)
5)Requires the governing board of each regional center to
annually submit detailed documentation to DDS demonstrating
that the composition of the board meets the criteria
established in WIC 4622. (WIC Section 4622.5)
6)Sets forth specific requirements and annual performance
objectives for contracts between DDS and regional centers.
(WIC Section 4629)
7)Provides that each contract between DDS and a regional center
must include a requirement that the regional center adopt,
maintain, and post on its Internet Web site a board-approved
policy regarding transparency and access to public
information, and requires that policy to provide, at a
minimum, information regarding requests for proposals, service
provider rates, documentation related to establishment of
negotiated rates, audits, and other forms, as specified. (WIC
Section 4629.5)
FISCAL EFFECT : None. This bill is keyed non-fiscal by the
Legislative Counsel.
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COMMENTS : This bill is part of a package of legislation that
was developed as a result of a 2012 hearing of the Senate Select
Committee on Autism and Related Disorders focused on disparities
in services provided to underserved communities. It seeks to
address inconsistencies in consumer access to services and
supports, as well as regional center spending on consumers, by
ensuring regional centers and their governing boards are
sensitive to the linguistic and cultural needs of the consumers
served in their respective catchment areas.
Background : The Lanterman Act guides the provision of services
and supports for Californians with developmental disabilities.
Each individual under the Lanterman 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 intellectual disabilities.
DDS contracts with 21 regional centers throughout the state,
which are private nonprofit entities, to carry out many of the
state's responsibilities under the Lanterman Act. The regional
center caseload is comprised of 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. While most individuals receive treatment and
services in the community, 1,600 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.
Services provided to consumers with developmental disabilities
are determined through an individualized planning process.
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Under this process, planning teams-which include, among others,
the consumer, his or her legally authorized representative, and
one or more regional center representatives-jointly prepare an
Individual Program Plan (IPP) based on the consumer's needs and
choices. The Lanterman Act requires that the IPP promote
community integration and maximize opportunities for each
consumer to develop relationships, be part of community life,
increase control over his or her life, and acquire increasingly
positive roles in the community.
Need for the bill : According to the author, "Regional centers
serve the most diverse state in the country. Every regional
center has different challenges in serving these communities. It
is critical that they understand the barriers that communities
have in getting these services. SB 367 seeks to increase the
training the board of directors receives related to these
barriers, with the goal of increasing services to the most
underserved people in the state. Furthermore, SB 367 requires
directors to be evaluated on their performance in providing
services to these communities to increase transparency and
accountability, and to better understand the barriers that
families face in receiving services from regional centers."
A four-part 2011 Los Angeles Times series focused on autism
included a report titled "Warrior Parents Fare Best in Securing
Autism Services," which addressed inequalities in access to
developmental services among families from different regions and
demographic groups. Among the conclusions drawn based on the
reporter's research, as indicated by the title of the report,
was that parents who fight harder for their children gain more
services. This creates a number of disparities within the
regional center system, as all children who are determined to
need regional center services based on their assessments and
diagnoses are entitled to such services. Also revealed in the
report was that the "fighter" parents tend to be sophisticated,
wealthier White parents who have the time and resources needed
to navigate the bureaucracy that stands between their children
and necessary services. On the other hand, parents who work
multiple jobs, for example, with linguistic and cultural
barriers that do not allow them to navigate the system as
easily, can find it nearly impossible to get their children the
effective services they need in a timely manner.
Prompted, in part, by the Los Angeles Times series, the Senate
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Select Committee on Autism and Related Disorders held an
informational hearing in April 2012 to discuss questions
surrounding equal access to regional center services for
consumers with autism spectrum disorders. An outcome of the
hearing was the creation of a 20-member Taskforce on Equity and
Diversity for Regional Center Autism Services, which was charged
with developing recommendations to ensure that consumers of
regional center services receive appropriate and timely supports
regardless of race, ethnicity, educational background and other
socio-economic factors. The report, "A Preliminary Report by
the Taskforce on Equity and Diversity for Regional Center Autism
Services," identified a number of recommendations for changes to
current practice within the developmental services system.
Among them was a specific recommendation for regional centers to
implement self-assessments in order to evaluate their own
performance in areas of equity, diversity and cultural
competency, as well as recommendations for the boards of
directors of regional centers to receive ongoing training on
issues of cultural and linguistic competency.
July 2013 consumer characteristic data from the Department of
Developmental Services shows that 37% of the individuals served
by the regional centers are identified as White, whereas 35% are
identified as Hispanic, just over 6% identify as Asian, 2.4%
identify as Filipino, and nearly 10% identify as Black or
African American. While assumptions about the languages spoken
by regional center consumers cannot necessarily be made based on
this data, the ethnic and cultural diversity represented in the
caseload supports the notion that all aspects of the regional
center operations and service delivery systems should be
linguistically and culturally sensitive and equitable.
Analysis Prepared by : Myesha Jackson / HUM. S. / (916)
319-2089
FN: 0001790