BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 367|
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UNFINISHED BUSINESS
Bill No: SB 367
Author: Block (D)
Amended: 8/15/13
Vote: 21
SENATE HUMAN SERVICES COMMITTEE : 6-0, 4/9/13
AYES: Yee, Berryhill, Emmerson, Evans, Liu, Wright
SENATE APPROPRIATIONS COMMITTEE : 7-0, 05/23/13
AYES: De Le�n, Walters, Gaines, Hill, Lara, Padilla, Steinberg
SENATE FLOOR : 38-0, 5/30/13 (Consent)
AYES: Anderson, Beall, Berryhill, Block, Calderon, Cannella,
Corbett, Correa, De Le�n, DeSaulnier, Emmerson, Evans, Fuller,
Gaines, Galgiani, Hancock, Hernandez, Hill, Hueso, Huff,
Jackson, Knight, Lara, Leno, Lieu, Liu, Monning, Nielsen,
Padilla, Pavley, Price, Roth, Steinberg, Torres, Walters,
Wolk, Wyland, Yee
NO VOTE RECORDED: Wright, Vacancy
ASSEMBLY FLOOR : 76-0, 8/26/13 - See last page for vote
SUBJECT : Developmental services: regional centers:
cultural and linguistic competency
SOURCE : Center for Autism and Related Disorders
SEARCH Family Autism Resource Center
DIGEST : This bill requires a regional center to include in
its training and support to board members, issues relating to
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linguistic and cultural competency and to post on its Internet
Web site information regarding the training and support
provided. Requires the governing board to annually review the
performance of the regional center in providing services that
are linguistically and culturally appropriate and authorizes the
governing board to provide recommendations to the director of
the regional center based on the results of that review.
Assembly Amendments clarify that the annual performance review
is of the regional center rather than the director but that the
governing board is authorized to provide recommendations to the
director based on the results of the review.
ANALYSIS :
Existing law:
1. Requires the Lanterman Developmental Disabilities Services
Act, the Department of Developmental Services (DDS) to
contract with regional centers to provide support and
services to individuals with developmental disabilities.
2. Requires the governing board of the regional center to
satisfy specified requirements, including annually reviewing
the performance of the director of the regional center, and
providing necessary training and support to board members.
3. Requires the state to contract only with agencies, the
governing boards of which conform to all of the following
criteria:
A. The governing board shall be composed of individuals
with demonstrated interest in, or knowledge of,
developmental disabilities.
B. The membership of the governing board shall include
persons with legal, management, public relations, and
developmental disability program skills.
C. The membership of the governing board shall include
representatives of the various categories of disability to
be served by the regional center.
D. The governing board shall reflect the geographic and
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ethnic characteristics of the area to be served by the
regional center.
E. A minimum of 50% of the members of the governing board
shall be persons with developmental disabilities or their
parents or legal guardians. No less than 25% of the
members of the governing board shall be persons with
developmental disabilities.
F. Members of the governing board shall not be permitted
to serve more than seven years within each eight-year
period.
G. The regional center shall provide necessary training
and support to these board members to facilitate their
understanding and participation
This bill:
1. Requires the regional center to provide necessary training
and support to board members to facilitate their
understanding and participation, including issues relating to
linguistic and cultural competency.
2. Requires each regional center to post on its Internet Web
site information regarding the training and support provided
to board members.
3. Requires the governing board to annually review the
performance of the regional center in providing services that
are linguistically and culturally appropriate and may provide
recommendations to the director of the regional center based
on the results of that review.
Background
Regional Centers . Regional Centers are part of a system of care
overseen by the DDS. With a proposed budget of $4.3 billion for
community-based services in 2013-2014, DDS is responsible for
coordinating care and providing services for more than 250,000
people with developmental disabilities who receive services and
supports to live in their communities, as well as approximately
1,560 people who resided in developmental centers as of March 6,
2013. California's 21 regional centers are non-profit
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organizations that provide local services and supports to
individuals through contracts with DDS.
Historically, the regional centers have been praised for
providing services that are tailored to local needs and
responsive to individuals in communities, and criticized for
their inconsistency across the state. While DDS sets some
common standards, there are variations among regional centers in
access to services across the regional center system.
Senate hearing . The Senate Select Committee on Autism and
Related Disorders held an informational hearing on April 30,
2012, to discuss questions surrounding equal access to regional
center services for consumers with autism spectrum disorders.
The hearing was prompted by a series of articles in the Los
Angeles Times in 2011, which explored the different experiences
that families of children with autism had in accessing services.
The articles looked at variations in services among families
with different ethnic backgrounds, socio-economic status,
geography and other factors, including differences in practices
at various regional centers.
As a result of that hearing, Senate President pro Tempore
Darrell Steinberg created a 20-member Taskforce on Equity and
Diversity for Regional Center Autism Services, which was charged
with finding 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. A 119-page report, "A Preliminary
Report by the Taskforce on Equity and Diversity for Regional
Center Autism Services," was published on March 18, 2013, and
identified 19 recommended changes to practice within the
Developmental Services system.
The task force also noted that DDS and regional centers should
build more effective community-based partnerships with health
and other providers that already serve consumers in underserved
communities. Some examples from the report include the
promotoras community health model in Latino communities,
faith-based groups and other grass-roots organizations. These
providers could serve as ambassadors for families who might not
otherwise seek or obtain services. (p 22-23)
Access to health care services . The United States Department of
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Health and Human Services Office of Minority Health has issued
14 standards for health organizations to ensure Culturally and
Linguistically Appropriate Services (CLAS). In 2001, the Office
of Minority Health released a report which identified adoption
of CLAS standards as a way to correct inequities that currently
exist in the provision of health services, and to make these
services more responsive to the individual needs of all
patients/consumers.
Standards are intended to be inclusive of all cultures and not
limited to any particular population group or sets of groups.
However, they are especially designed to address the needs of
racial, ethnic, and linguistic population groups that experience
unequal access to health services.
"The CLAS standards ? provide a common understanding and
consistent definitions of culturally and linguistically
appropriate services in health care. They offer a practical
framework for the implementation of services and
organizational structures that can help health care
organizations and providers be responsive to the cultural and
linguistic issues presented by diverse populations."
FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local:
No
According to the Senate Appropriations Committee:
The regional centers indicate that they will need additional
staff to identify barriers to utilization of services and
work with outside groups to reduce disparities in service
utilization. The regional centers indicate that the total
cost to undertake these activities is likely to be about
$800,000 per year (General Fund).
To the extent that there are barriers to the utilization of
services and the regional centers are successful in reducing
or eliminating such barriers to utilization, there could be
increased demand for regional center services. The extent of
this impact is unknown.
SUPPORT : (Verified 5/23/13)
Center for Autism and Related Disorders (co-source)
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SEARCH Family Autism Resource Center (co-source)
ACT Today!
Association of Regional Center Agencies
Autism Research Group
Public Counsel's Children's Rights Project
The Help Group
ARGUMENTS IN SUPPORT : This bill's sponsor, Center for Autism
and Related Disorders (CARD), writes:
The executive director and founder of CARD, Doreen
Granpeesheh, Ph.D., BCBA-D, was part of the Senate taskforce
that identified the need for regional center programs that
consider the cultural and linguistic diversity that
characterizes California. The work of this task-force
culminated in the identification of several important goals,
one of which would be met through the passage and
implementation of SB 367.
The Centers for Disease Control estimates autism prevalence at
1 in every 88 children, with recent data indicating that
prevalence may be as high as 1 in every 50 children.
Two-thirds of all new regional center consumers are diagnosed
with ASD. The cost to the State decreases significantly when
diagnosis is made early, and individuals receive early
intensive intervention.
ASSEMBLY FLOOR : 76-0, 8/26/13
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Bigelow, Bloom,
Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian
Calderon, Campos, Chau, Ch�vez, Chesbro, Conway, Cooley,
Dahle, Daly, Dickinson, Eggman, Fong, Fox, Frazier, Beth
Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon, Gorell, Gray,
Grove, Hagman, Hall, Harkey, Roger Hern�ndez, Holden, Jones,
Jones-Sawyer, Levine, Linder, Logue, Lowenthal, Maienschein,
Medina, Melendez, Mitchell, Morrell, Mullin, Muratsuchi,
Nazarian, Nestande, Olsen, Pan, Patterson, Perea, V. Manuel
P�rez, Quirk, Quirk-Silva, Rendon, Salas, Skinner, Stone,
Ting, Wagner, Waldron, Weber, Wieckowski, Wilk, Williams,
Yamada, John A. P�rez
NO VOTE RECORDED: Donnelly, Mansoor, Vacancy, Vacancy
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JL:k 8/29/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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