Amended in Assembly August 6, 2013

Amended in Senate May 28, 2013

Amended in Senate April 25, 2013

Amended in Senate April 15, 2013

Senate BillNo. 468


Introduced by Senators Emmerson and Beall

(Coauthor: Assembly Memberbegin delete Blumenfieldend deletebegin insert Mitchellend insert)

February 21, 2013


An act to add Section 4685.8 to the Welfare and Institutions Code, relating to developmental services.

LEGISLATIVE COUNSEL’S DIGEST

SB 468, as amended, Emmerson. Developmental services: statewide Self-Determination Program.

Under existing law, the Lanterman Developmental Disabilities Services Act, the State Department of Developmental Services contracts with regional centers to provide services and supports to individuals with developmental disabilities. Under existing law, the regional centers purchase needed services and supports for individuals with developmental disabilities through approved service providers, or arrange for their provision through other publicly funded agencies. The services and supports to be provided to a regional center consumer are contained in an individual program plan (IPP), developed in accordance with prescribed requirements. Existing law establishes, contingent upon approval of a federal waiver, the Self-Directed Services Program, and requires the program to be available in every regional center catchment area to provide participants, within an individual budget, greater control over needed services and supports.

This bill would require the department, contingent upon approval of federal funding, to establish and implement a state Self-Determination Program, as defined, that would be available in every regional center catchment area to provide participants and their families, within an individual budgetbegin insert amountend insert, increased flexibility and choice, and greater control over decisions, resources, and needed and desired services and supports to implement their IPP, in accordance with prescribed requirements. The statewide program would be phased in over 3 years, initially serving up to 2,500 regional center consumers, and thereafter would be available on a voluntary basis to allbegin insert eligibleend insert regional center consumers. The bill would require the department to, among other things, apply for federal funding for the program by December 31, 2014.

This bill would provide that program participants receive an individual budgetbegin insert amountend insert, as prescribed, to be used for the purchase of services and supports necessary to implement the participant’s IPP. The bill would require program participants to agree to, among other things, manage self-determination servicesbegin insert and supportsend insert within the individual budget amount. The individual budget amount would be available to the participant each year for the purchase of services and supports under the program until a new individual budgetbegin insert amountend insert has been determined. The bill would, among other things, require each regional center to be responsible for implementing the program as a term of its contract, and to establish a localbegin insert voluntaryend insert advisory committee to provide oversight of the project.begin insert The bill would require the State Council on Developmental Disabilities to form a volunteer statewide committee to, among other things, identify self-determination best practices.end insert The bill would require the State Council on Developmental Disabilities to issue to the Legislature a report regarding the status of the program and recommendations to the program, as specified, and would require the department, beginning January 10, 2016, to provide to the appropriate policy and fiscal committees of the Legislature prescribed information relating to the program.

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

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

P2    1

SECTION 1.  

The Legislature finds and declares all of the
2following:

P3    1(a) In 1998, the Legislature expanded the Lanterman
2Developmental Disabilities Services Act to include a
3self-determination pilotbegin delete programend deletebegin insert projectend insert. That pilotbegin delete programend deletebegin insert projectend insert
4 was continued by the Legislature in 2002 and 2003. However, the
5pilotbegin delete programend deletebegin insert project end insert was only available at five regional centers
6and the number of individuals served by thebegin insert localend insert
7 self-determination pilotbegin delete programend deletebegin insert programsend insert remains small, about
8200 regional center consumers.

9(b) As reflected in the State Department of Developmental
10Services 2002 Report to the Legislature, the pilotbegin delete programend deletebegin insert projectend insert
11 remains an innovative, cost effective, and successful way of
12providing services to regional center consumers and their families.
13The findings in the report show that self-determination pilot
14begin delete programend deletebegin insert projectend insert participants were happy and experienced more
15freedom and responsibility in controlling the direction of their
16services and life choices, and thebegin delete programend deletebegin insert projectend insert was cost neutral
17in the aggregate. The report also found that good self-determination
18requires intensive person-centered planning, collaboration, and
19follow-along services and supports.

20(c) Most other states have self-directed or self-determination
21services as a model for providing services. Many California
22consumers and families have asked for a statewide expansion of
23the pilotbegin delete programend deletebegin insert projectend insert believing it will do the following: increase
24innovative and effective services, eliminate bureaucracy, and
25increase choices for consumers and parents, thereby allowing them
26to increase their control of services and supports by easily
27navigating increasingly complex service systems.

begin insert

28(d) Consumers in traditionally underserved linguistic, cultural,
29socioeconomomic, and ethnic communities have unique challenges
30in accessing needed regional center services that have been
31impacted by service limitations imposed as a response to
32California’s recent budget shortfalls. This is particularly true for
33consumers living at home with a parent or guardian. The
34Self-Determination Program offers increased service flexibility,
35which will promote access to needed services for these consumers
36and their families.

end insert
begin delete

37(d)

end delete

38begin insert(e)end insert The intent of this act is to allow for voluntary participation
39in the Self-Determination Program while ensuring that the program
40is available to all consumers regardless of geographic location,
P4    1economic or educational background, or race or ethnicity, and
2ensuring a consistent statewide method of administration and
3comparable services. To ensure these outcomes are achieved, it is
4the intent of the Legislature that the State Department of
5Developmental Services and local advisory boards be responsible
6for oversight and monitoring of funds used for the
7Self-Determination Program and the achievement of consumer
8outcomes.

begin delete

9(e)

end delete

10begin insert(f)end insert In addition, the intent of this act is that the Self-Determination
11Program be phased in over a three-year period and that the program
12will continue to be available to all consumers as an option after
13the initial phase-in period ends.

14

SEC. 2.  

Section 4685.8 is added to the Welfare and Institutions
15Code
, to read:

16

4685.8.  

(a) The department shall implement a statewide
17Self-Determination Program. The Self-Determination Program
18shall be available in every regional center catchment area to provide
19participants and their families, within an individual budgetbegin insert amountend insert,
20increased flexibility and choice, and greater control over decisions,
21resources, and needed and desired services and supports to
22implement their IPP. The statewide Self-Determination Program
23shall be phased in over three years, initially serving up to 2,500
24regional center consumers,begin insert inclusive of the remaining participants
25in the self-determination pilot project authorized pursuant to
26Section 13 of Chapter 1043 of the Statutes of 1998, as amended,end insert

27 and thereafter shall be available on a voluntary basis to all regional
28center consumersbegin insert who are eligible for the Self-Determination
29Programend insert
.begin insert The program shall be available to individuals who reflect
30the disability, ethnic, and geographic diversity of the state.end insert

31(b) The department in establishing the statewide program shall
32ensure the following:

begin delete

33(1) Participants in the program reflect the disability, ethnic, and
34geographic diversity of the state.

end delete
begin delete

35(2)

end delete

36begin insert(end insertbegin insert1)end insert The program is cost neutral in the aggregate.

begin delete

37(3)

end delete

38begin insert(end insertbegin insert2)end insert A statewide method of administration and determining
39comparable services.

begin delete

40(4)

end delete

P5    1begin insert(end insertbegin insert3)end insert Oversight of expenditure of self-determined funds and the
2achievement of consumer outcomes over time.

begin delete

3(5)

end delete

4begin insert(end insertbegin insert4)end insert Increased consumer and family control over which services
5begin insert and supports end insert best meet their needs and the IPP objectives.begin insert A
6participant’s unique support system may include the purchase of
7existing service offerings from service providers or local
8businesses, hiring his or her own support workers, or negotiating
9unique service arrangements with local community resources.end insert

begin delete

10(6)

end delete

11begin insert(end insertbegin insert5)end insert Comprehensive person-centered planning, including an
12individual budget and services that are outcome based.

begin delete

13(7)

end delete

14begin insert(end insertbegin insert6)end insert Consumer and family training to ensure understanding of
15thebegin insert principles of self-determination, theend insert planningbegin delete processend deletebegin insert process,end insert
16 andbegin insert theend insert management of budgets, services, and staff.

begin delete

17(8)

end delete

18begin insert(end insertbegin insert7)end insert Choice of independent facilitators who can assist with the
19person-centered planning process andbegin insert choice ofend insert financial
20management services providersbegin insert vendored by regional centersend insert who
21can assist with payments and provide employee-related services.

begin delete

22(9)

end delete

23begin insert(end insertbegin insert8)end insert Innovation that will more effectively allow consumers to
24achieve their goals.

25(c) For purposes of this section, the following definitions shall
26apply:

27(1) “Financial management services” means services or
28functions that assist the participant to manage and direct the
29distribution of funds contained in the individual budget, and ensure
30that the participant has the financial resources to implement his or
31her IPP throughout the year. These may include, but are not limited
32to, bill paying services and activities that facilitate the employment
33of service and support workers by the participant, including, but
34 not limited to, fiscal accounting, tax withholding,begin insert compliance with
35relevant state and federal employment laws,end insert
and expenditure
36reports.begin delete The department shall establishend deletebegin insert The financial management
37services provider shall meet the requirements of Sections 58884,
3858886, and 58887 of Title 17 of the California Code of Regulations
39and otherend insert
specific qualificationsbegin delete that shall be required of a financial
40management services providerend delete
begin insert established by the departmentend insert.begin insert The
P6    1costs of financial management services shall be paid by the
2participant out of his or her individual budget.end insert

3(2) “Independent facilitator” means abegin insert conflict-of-interest-freeend insert
4 person, selected and directed by the participant, who may assist
5the participant in making informed decisions about the individual
6budget, and in locating, accessing, and coordinating servicesbegin insert and
7supportsend insert
consistent with the participant’s IPP. He or she is available
8to assist in identifying immediate and long-term needs, developing
9options to meet those needs,begin delete leading or participatingend deletebegin insert leading,
10participating, or advocating on behalf of the participantend insert
in the
11person-centered planning process and development of the IPP, and
12obtaining identified services and supports.begin insert The costs of the
13independent facilitator shall be paid by the participant out of his
14or her individual budget. An independent facilitator shall receive
15training in the principles of self-determination and the
16responsibilities described in this paragraph at his or her own cost.end insert

17(3) “Individualbegin delete budget”end deletebegin insert budget amountend insertbegin insertend insert means the amount of
18funding available to the participant for the purchase of services
19and supports necessary to implement the IPP. The individual budget
20begin insert amountend insert shall bebegin delete constructedend deletebegin insert determinedend insert using a fair, equitable,
21and transparent methodology.

22(4) “IPP” means individual programbegin delete planend deletebegin insert plan, as described in
23Section 4646end insert
.

24(5) “Participant” means an individual, and when appropriate,
25his or her parents, legal guardian or conservator, or authorized
26representative, who has been deemed eligible for, and has
27voluntarily agreed to participate in, the Self-Determination
28Program.

29(6) “Self-determination” means a voluntary delivery system
30consisting of a defined and comprehensive mix of services and
31supports, selected and directed by a participant through
32person-centered planning, in order to meet all or some of the
33objectives in his or her IPP. Self-determination services and
34supports are designed to assist the participant to achieve personally
35defined outcomes in community settings that promote inclusion.
36The Self-Determination Program shall only fund services and
37supports thatbegin delete are approved byend delete the federal Centers for Medicare
38and Medicaid Servicesbegin insert has determined are eligible for federal
39financial participationend insert
.

P7    1(d) Participation in the Self-Determination Program is fully
2voluntary. A consumer may choose to participate in, and may
3choose to leave, the Self-Determination Program at any time. A
4regional center may not require or prohibit participation in the
5Self-Determination Program as a condition of eligibility for, or
6the delivery of, services and supports otherwise available under
7this division. Participation in the Self-Determination Program shall
8be available to any regional center consumer who meets the
9following eligibility requirements:

10(1) The participant is three years of age or older.

11(2) The participant has a developmental disability, as defined
12in Section 4512.

13(3) The participant does not live in a licensed long-term health
14care facility, as defined in paragraph (44) of subdivision (a) of
15Section 54302 of Title 17 of the California Code of Regulations.
16An individual, and when appropriate his or her parent, legal
17guardian or conservator, or authorized representative, who is not
18eligible to participate in the Self-Determination Program pursuant
19to this paragraph may request that the regional center provide
20person-centered planning services in order to make arrangements
21for transition to the Self-Determinationbegin delete Programend deletebegin insert Program, provided
22that he or she is eligible for the California Community Transitions
23Projectend insert
. In that case, the regional center shall initiate
24person-centered planning services within 60 days of that request.

25(4) The participant agrees to all of the following terms and
26conditions:

27(A) The participant shall receive an orientation to the
28Self-Determination Program prior tobegin delete enrollmentend deletebegin insert enrollment, which
29includes the principles of self-determination, the role of the
30 independent facilitator and the financial management services
31provider, person-centered planning, and development of a budgetend insert
.

32(B) The participant shall agree to utilize the services and
33supports available within the Self-Determination Program only
34when generic services and supportsbegin delete cannot be accessedend deletebegin insert are not
35availableend insert
.

36(C) The participant shall onlybegin delete useend deletebegin insert purchaseend insert services and supports
37necessary to implement his or her IPP and shall agree to comply
38with any and all other terms and conditions for participation in the
39Self-Determination Program described in this section.

P8    1(D) The participant shall manage Self-Determination Program
2services and supports within the individual budget amount.

3(E) The participant shall utilize the services ofbegin delete theend deletebegin insert a end insert
4 conflict-of-interest-free financial management services provider
5of his or her own choosingbegin insert and who is vendored by a regional
6centerend insert
.

7(F) The participant may utilize the services of a
8conflict-of-interest-free independent facilitator of his or her own
9choosing for the purpose of providing services and functions as
10described in paragraph (2) of subdivision (c).begin delete The financial
11management services provider shall determine that the independent
12facilitator is adequately trained and otherwise qualified.end delete
begin insert If the
13participant elects not to use an independent facilitator, he or she
14may use a regional center service coordinator of his or her
15choosing to provide the services and functions described in
16paragraph (2) of subdivision (c).end insert

17(e) A participant who is not Medi-Cal eligible may participate
18in the Self-Determination Program and receive self-determination
19services and supports if all other program eligibility requirements
20are metbegin insert and the services and supports are otherwise eligible for
21federal financial participationend insert
.

22(f) An individual receiving services and supports under the
23self-determinationbegin delete projectsend deletebegin insert pilot programsend insert authorized pursuant to
24Section 13 of Chapter 1043 of the Statutes of 1998, as amended,
25may elect to continue to receive self-determination services and
26supports pursuant to this begin delete section. An individual who participates
27in the Self-Determination Program may elect to continue to receive
28self-determination services and supports if he or she transfers to
29another regional center catchment area.end delete
begin insert section or the regional
30center shall provide for the participant’s transition from the
31self-determination pilot end insert
begin insertprogram to other services and supports.
32This transition shall include the development of a new IPP that
33reflects the services and supports necessary to meet the individual’s
34needs. The regional center shall ensure that there is no gap in
35services and supports during the transition period.end insert

36begin insert(g)end insertbegin insertend insertbegin insertThe additional federal financial participation funds
37generated by individuals participating in the Self-Determination
38Program pursuant to this section shall be used to offset the
39administrative costs of the program, including, but not limited to,
40training for consumers, family members, and regional center staff,
P9    1caseload ratio improvement, and costs associated with the
2participant’s initial person-centered planning meeting and
3development of the participant’s initial budget amount.end insert

begin delete

4(g)

end delete

5begin insert(end insertbegin inserth)end insert If at any time during participation in the Self-Determination
6Program a regional center determines that a participant is no longer
7eligible to continue in, or a participant voluntarily chooses to exit,
8the Self-Determination Program, the regional center shall provide
9for the participant’s transition from the Self-Determination Program
10to other services and supports. This transition shall include the
11development of a new IPP that reflects the services and supports
12necessary to meet the individual’s needs. The regional center shall
13ensure that there is no gap in services and supports during the
14transition period.

begin delete

15(h)

end delete

16begin insert(end insertbegin inserti)end insert An individual determined to be ineligible for or who
17voluntarily exits the Self-Determination Program shall be permitted
18to return to the Self-Determination Program upon meeting all
19applicable eligibility criteria and upon approval of the participant’s
20begin deleteIPP end deletebegin insertplanning end insertteam, as described in subdivision (j) of Section 4512.
21begin insert An individual who has voluntarily exited the Self-Determination
22Program may not return to the program for at least 12 months.end insert

begin insert

23(j) An individual who participates in the Self-Determination
24Program may elect to continue to receive self-determination
25services and supports if he or she transfers to another regional
26center catchment area.

end insert
begin delete

27(i)

end delete

28begin insert(end insertbegin insertk)end insert The IPP team shall utilize the person-centered planning
29process to develop the IPP for a participant. The IPP shall detail
30the goals and objectives of the participant that are to be met through
31the purchase of participant-selected services and supports. The
32IPP team shall determine the individual budgetbegin insert amountend insert to ensure
33the budgetbegin insert amount end insert assists the participant to achieve the outcomes
34set forth in his or her IPP and ensures his or her health and safety.
35The completed individual budgetbegin insert amountend insert shall be attached to the
36IPP.

begin delete

37(j)

end delete

38begin insert(end insertbegin insertlend insertbegin insert)end insert The participant shall implement his or her IPP, including
39choosingbegin insert and purchasingend insert the services and supports allowable under
40this section necessary to implement the plan. A participant is
P10   1exempt frombegin delete Section 4783, the Family Cost Participation Program,
2andend delete
begin insert theend insert cost controlbegin delete restrictions, including, but not limited to,end delete
3begin insert restrictions regarding theend insert purchases of services and supports
4pursuant to Sectionsbegin delete 4648.35, 4648.5, and 4659, subparagraph (B)
5of paragraph (3) of subdivision (c) of Section 4685, Sections
64648.55, 4686.2, 4686.5, and 4689, and purchase of services best
7practices enacted pursuant to Section 4620.3end delete
begin insert 4648.5 and 4686.5end insert.
8A regional center shall not prohibit the purchase of any service or
9support that is otherwise allowable under this section.

begin delete

10(k)

end delete

11begin insert(end insertbegin insertm)end insert A participant shall have all the rights established inbegin insert Sections
124646 to 4646.6, inclusive, andend insert
Chapter 7 (commencing with Section
134700).

begin delete

14(l) The department, in consultation with stakeholders, shall
15develop a methodology for individual budgets that ensures the
16budgets are computed in a fair, transparent, and equitable manner
17and are based on consumer characteristics and needs, and a method
18for adjusting individual budgets to address a participant’s
19unanticipated needs. In developing this methodology, the
20department shall ensure that budgets of all participants are cost
21neutral in the aggregate within each regional center.

22(m) The IPP team, using the methodology developed in
23subdivision (l), shall determine the individual budget for the
24participant. That individual budget amount shall be available to
25the participant each year for the purchase of program services and
26supports until a new individual budget has been determined. An
27individual budget shall be calculated no more than once in a
2812-month period, unless revised to reflect the unanticipated needs
29of the participant. The individual budget shall be distributed among
30uniform budget categories developed by the department in
31consultation with stakeholders.

end delete
begin insert

32(n) (1) During the first two years of the Self-Determination
33Program, the individual budget amount shall equal 98 percent of
34the annual purchase of service costs for the individual. The annual
35costs shall reflect the average annual costs for the previous two
36fiscal years for the individual. In addition, the IPP team may adjust
37the individual budget amount to address a change in the
38participant’s circumstances.

end insert
begin insert

39(2) Prior to the end of the second year of the Self-Determination
40Program, the department, in consultation with stakeholders, shall
P11   1develop one or more additional methodologies for individual
2budget amounts that are computed in a fair, transparent, and
3equitable manner and are based on consumer characteristics and
4needs, and that include a method for adjusting individual budget
5amounts to address a participant’s change in circumstances.

end insert
begin insert

6(o) The IPP team, using any of the methodologies developed in
7subdivision (n), shall determine the individual budget amount for
8the participant. That individual budget amount shall be available
9to the participant each year for the purchase of program services
10and supports until a new individual budget amount has been
11determined. An individual budget amount shall be calculated no
12more than once in a 12-month period, unless revised to address a
13participant’s change in circumstances. The IPP team shall annually
14ascertain from the participant whether there are any circumstances
15that require a change to the annual individual budget amount. The
16individual budget amount shall be distributed among uniform
17budget categories developed by the department in consultation
18with stakeholders and in accordance with the timing of the
19expenditures anticipated in the IPP.

end insert
begin delete

20(n)

end delete

21begin insert(end insertbegin insertp)end insert Annually, participants may transfer up tobegin delete 20end deletebegin insert 10end insert percent of
22the funds originally distributed to any budget category set forth in
23subdivisionbegin delete (m)end deletebegin delete,end deletebegin insert (o)end insert to another budget category or categories.
24Transfers in excess ofbegin delete 20end deletebegin insert 10end insert percent of the original amount
25allocated to any budget category may be made upon the approval
26of the regional center or the participant’s IPP team. Regional
27centers or the IPP team may only deny a transfer if necessary to
28protect the health and safety of the participant.

begin delete

29(o)

end delete

30begin insert(end insertbegin insertq)end insert Consistent with the implementation date of the IPP, the IPP
31team shall annually ascertain from the participant whether there
32are any circumstances that require a change to the annual individual
33budgetbegin insert amountend insert. Based on that review, the IPP team shall calculate
34a new individual budgetbegin insert amountend insert consistent with the methodology
35identified in subdivisionbegin delete(l)end deletebegin insert (end insertbegin insertn)end insert.

begin delete

36(p)

end delete

37begin insert(end insertbegin insertr)end insert On or before December 31, 2014, the department shall apply
38for federal Medicaid funding for the Self-Determination Program
39by applying for a state plan amendment, an amendment to a current
40home- and community-based waiver for individuals with
P12   1developmental disabilities, for a new waiver, or by seeking to
2maximize federal financial participation through other means.
3Contingent upon approval of federal funding, the
4Self-Determination Program shall be established. The department
5shall adopt regulations to implement the procedures set forth in
6this section.

begin delete

7(q)

end delete

8begin insert(end insertbegin inserts)end insert The department, in consultation with stakeholders, shall
9develop informational materials about the Self-Determination
10Program. The department shall ensure that regional centers are
11trained in the principles of self-determination, the mechanics of
12the Self-Determination Program, and the rights of consumers and
13families as candidates for, and participants in, the
14Self-Determination Program.

begin delete

15(r)

end delete

16begin insert(end insertbegin insertt)end insert Each regional center shall be responsible for implementing
17the Self-Determination Program as a term of its contract under
18Section 4629. As part of implementing the program, the regional
19center shall do all of the following:

20(1) Contract with localbegin insert consumerend insert or family-runbegin delete consumerend delete
21 organizations to conduct outreachbegin delete and trainingend delete through local
22meetings or forums tobegin delete provide regional centerend delete consumers and their
23familiesbegin delete withend deletebegin insert to provide end insert information about the Self-Determination
24Program and to help ensure that the program is available to a
25diverse group of participants, with special outreach to underserved
26communities.

begin insert

27(2) Collaborate with the local consumer or family-run
28organizations identified in paragraph (1) to jointly conduct training
29about the Self-Determination Program.

end insert
begin delete

30(2)

end delete

31begin insert(3)end insert Advance funds to a financial management services provider
32to facilitate participation in the Self-Determination Program,begin delete as
33determined necessary by a participant’s IPP team.end delete
begin insert when the
34participant’s IPP team determines it is necessary to enable
35participation in the Self-Determination Program. The regional
36center shall not, at any one time, advance more than 15 percent
37of the budget amount.end insert

begin delete

38(s)

end delete

39begin insert(end insertbegin insertu)end insert The financial management services provider shall provide
40thebegin delete participant, or his or her authorized representative,end deletebegin insert participantend insert
P13   1 and the regional center service coordinator with a monthly
2individual budget statement that describes the amount of funds
3allocated by budget category, the amount spent in the previous
430-day period, and the amount of funding that remains available
5under the participant’s individual budgetbegin insert amountend insert.

begin delete

6(t)

end delete

7begin insert(end insertbegin insertv)end insert Only the financial management services provider is required
8to apply for vendorization in accordance with Subchapter 2
9 (commencing with Section 54300) of Chapter 3 of Title 17 of the
10California Code of Regulations, for the Self-Determination
11Program. All other service providers shall have applicable state
12licenses, certifications, or other state required documentation, but
13are exempt from the vendorization requirements set forth in Title
1417 of the California Code of Regulationsbegin insert when serving participants
15in the Self-Determination Program, and shall not be on the federal
16debarment listend insert
.begin delete The financial management services provider shall
17ensure and document that all service providers meet specified
18requirements for any service that may be delivered to the
19participant.end delete

begin delete

20(u)

end delete

21begin insert(w)end insertbegin insert(1)end insertbegin insertend insert A participant may request, at no charge to the
22participant or the regional center, criminal history background
23checks for persons seeking employment as a provider of services
24and supportsbegin delete and providing direct care services and supportsend delete to
25the begin deleteparticipant.end delete

26begin delete(1)end deletebegin deleteend deletebegin deleteCriminal end deletebegin insertparticipant. The criminal end inserthistory record checks
27pursuant to this subdivision shall be performed and administered
28as described in subdivision (b) begin delete and subdivisions (d) to (h),
29inclusive, of Section 4689.2, and Sections 4689.4 to 4689.6,
30inclusive, and shall apply to vendorization of providers and hiring
31of employees to provide services and supports for family home
32agencies and family homes.end delete

33begin delete(2)end deletebegin deleteend deletebegin deleteTheend deletebegin insert of Section 4689.2. Theend insert department may enter into a
34written agreement with the Department of Justice to implement
35this subdivision.

begin insert

36(2) Upon receipt of information relating to the criminal history
37background check, the department shall do one of the following:

end insert
begin insert

38(A) Advise the participant that the person seeking employment
39declined to allow any information to be reported.

end insert
begin insert

P14   1(B) With the consent of the person who is seeking employment,
2provide the participant with a copy of the criminal history
3background check.

end insert
begin insert

4(x) To ensure the effective implementation of the
5Self-Determination Program and facilitate the sharing of best
6practices and training materials commencing with the
7implementation of the Self-Determination Program, local and
8statewide advisory committees shall be established as follows:

end insert
begin delete

9(v)

end delete

10begin insert(end insertbegin insert1)end insert Each regional center shall establish a localbegin insert volunteerend insert advisory
11committee to provide oversight of the Self-Determination Program.
12The regional centerbegin delete,end deletebegin insert and theend insert area boardbegin delete, and the Office of Clients’
13Rights Advocacy of Disability Rights Californiaend delete
shall each appoint
14begin delete one-thirdend deletebegin insert one-halfend insert of the membership of the committeebegin delete, whichend deletebegin insert.
15The committeeend insert
shall consist ofbegin insert the regional center clients’ rights
16advocate,end insert
consumers, family members,begin delete clients’ rights advocatesend delete
17 and other advocates, and community leaders. A majority of the
18committee shall be consumers and their family members. The
19committee shall reflect the multicultural diversity and geographic
20profile of the catchment area. The committee shall review the
21development and ongoing progress of the Self-Determination
22Program, including whether the programbegin insert advances the principles
23of self-determination andend insert
is operating consistent with the
24requirements of this section, and may make ongoing
25recommendations for improvement to the regional center and the
26department.

begin delete

27(w)

end delete
begin insert

28(2) The State Council on Developmental Disabilities shall form
29a volunteer committee, to be known as the Statewide
30Self-Determination Advisory Committee, comprised of the chairs
31of the 21 local advisory committees or their designees. The council
32shall convene the Statewide Self-Determination Advisory
33Committee at least semiannually by teleconference or other means
34established by the council, to identify self-determination best
35practices, effective consumer and family training materials,
36implementation concerns, systemic issues, and ways to enhance
37the program. The council shall synthesize information received
38from the Statewide Self-Determination Advisory Committee, local
39advisory committees, and other sources, shall share the information
40with consumers, families, regional centers and the department,
P15   1and shall make recommendations, as appropriate, to increase the
2program’s effectiveness in furthering the principles of
3self-determination.

end insert

4begin insert(end insertbegin inserty)end insert Commencing January 10, 2016, the department shall annually
5provide the following information to the appropriate policy and
6fiscal committees of the Legislature:

7(1) Number and characteristics of participants, by regional
8center.

9(2) Types and ranking of services and supports purchased under
10the Self-Determination Program, by regional center.

11(3) Range and average of individualbegin delete budgetsend deletebegin insert budget amountsend insert,
12by regional center, including adjustments to the budgetbegin insert amountsend insert
13 to address unanticipatedbegin delete needend deletebegin insert change in circumstancesend insert.

begin delete

14(4) Information regarding participant satisfaction under the
15Self-Determination Program and, when data is available, the
16traditional service delivery system, by regional center.

17(5) The proportion of participants who report that their choices
18and decisions are respected and supported.

19(6) The proportion of participants who report that they are able
20to recruit and hire qualified service providers.

21(7)

end delete

22begin insert(end insertbegin insert4)end insert The number and outcome of individual budgetbegin insert amountend insert
23 appeals, by regional center.

begin delete

24(8)

end delete

25begin insert(end insertbegin insert5)end insert The number and outcome of fair hearing appeals, by regional
26center.

begin delete

27(9)

end delete

28begin insert(end insertbegin insert6)end insert The number of participants who voluntarily withdraw from
29the Self-Determination Program and a summary of the reasons
30why, by regional center.

begin delete

31(10)

end delete

32begin insert(end insertbegin insert7)end insert The number of participants who are subsequently determined
33to no longer be eligible for the Self-Determination Program and a
34summary of the reasons why, by regional center.

begin delete

35(11) Identification of barriers to participation and
36recommendations for program improvements.

end delete
begin delete

37(12) A comparison of average annual expenditures for
38individuals with similar characteristics not participating in the
39Self-Determination Program.

end delete
begin delete

40(x)

end delete

P16   1begin insert(end insertbegin insertz)end insert The State Council on Developmental Disabilities, in
2collaboration with the protection and advocacy agency identified
3in Section 4900 and the federally funded University Centers for
4Excellence in Developmental Disabilities Education, Research,
5and Service,begin insert may work with regional centers to survey participants
6regarding participant satisfaction under the Self-Determination
7Program, and, when data is available, the traditional service
8delivery system, including the proportion of participants who
9report that their choices and decisions are respected and supported
10and who report that they are able to recruit and hire qualified
11service providers, and to identify barriers to participation and
12recommendations for improvement. The councilend insert
shall issue a report
13to the Legislaturebegin insert, in compliance with Section 9795 of the
14Government Code,end insert
no later than three years following the approval
15of the federal funding on the status of the Self-Determination
16Program authorized by this section, and provide recommendations
17to enhance the effectiveness of the program. begin insertThis review shall
18include the program’s effectiveness in furthering the principles of
19self-determination, including all of the following:end insert

begin insert

20(1) Freedom, which includes the ability of adults with
21developmental disabilities to exercise the same rights as all
22citizens; to establish, with freely chosen supporters, family and
23 friends, where they want to live, with whom they want to live, how
24their time will be occupied, and who supports them; and, for
25families, to have the freedom to receive unbiased assistance of
26their own choosing when developing a plan and to select all
27personnel and supports to further the life goals of a minor child.

end insert
begin insert

28(2) Authority, which includes the ability of a person with a
29disability, or family, to control a certain sum of dollars in order
30to purchase services and supports of their choosing.

end insert
begin insert

31(3) Support, which includes the ability to arrange resources
32and personnel, both formal and informal, that will assist a person
33with a disability to live a life in his or her community that is rich
34in community participation and contributions.

end insert
begin insert

35(4) Responsibility, which includes the ability of participants to
36take responsibility for decisions in their own lives and to be
37accountable for the use of public dollars, and to accept a valued
38role in their community through, for example, competitive
39employment, organizational affiliations, spiritual development,
40and general caring of others in their community.

end insert
begin insert

P17   1(5) Confirmation, which includes confirmation of the critical
2role of participants and their families in making decisions in their
3own lives and designing and operating the system that they rely
4on.

end insert


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