Amended in Senate May 28, 2013

Amended in Senate April 1, 2013

Senate BillNo. 555


Introduced by Senator Correa

(Principal coauthor: Senator Padilla)

February 22, 2013


An act to amend Section 95020 of the Government Code, and to amend Sections 4512,begin delete 4641,end delete 4642, 4643,begin delete 4646, 4646.5, 4648, and 4685end deletebegin insert and 4646end insertof the Welfare and Institutions Code, relating to developmental services.

LEGISLATIVE COUNSEL’S DIGEST

SB 555, as amended, Correa. Developmental services: regional centers: individual program plans and individualized family service plans.

Under existing law, the Lanterman Developmental Disabilities Services Act, the State Department of Developmental Servicesbegin delete is authorized to contractend deletebegin insert contractsend insert with regional centers to provide services and supports to individuals with developmental disabilities. The services and supports to be provided to a regional center consumer are contained in an individual program plan (IPP) or individualized family service plan (IFSP), developed in accordance with prescribed requirements. Existing law states that it is the intent of the Legislature to ensure that the individual program plan and provision of services and supports by the regional center system is centered on the individual and the family of the individual with developmental disabilities and takes into account the needs and preferences of the individual and the family, as specified.

begin delete

This bill would require those provisions to be implemented in a manner that meets the cultural preferences, values, lifestyle, and native language of the consumer and the consumer’s family, and require the IPP or IFSP, and the services and supports provided under the IPP or IFSP, to be designed to meet the cultural preferences, values, and lifestyle of the consumer and the consumer’s family, and provided in their native language, as defined.

end delete
begin delete

Under existing law, regional centers are required to conduct casefinding activities, including notification of the availability of services in English and other languages that are appropriate to the service area.

end delete
begin delete

This bill would require the department and the regional centers to ensure that consumers and their families receive culturally and linguistically competent information, including written documents, about the IPP and the IFSP, and related processes and procedures, as prescribed. This bill would require each regional center to make this information available to the public, and require the department and the regional centers to make this information available on the department’s and regional center’s Internet Web sites.

end delete
begin insert

This bill would require a regional center to make every reasonable effort to communicate in the family’s native language during the IFSP planning process and to provide a copy of the IFSP in the family’s native language. The bill would require the family’s native language to be documented in the IFSP. The bill would similarly require a regional center to make every reasonable effort to communicate in the consumer’s native language, or, when appropriate, the native language of his or her family, legal guardian, conservator, or authorized representative, during the IPP planning process and to provide a copy of the IPP in the native language of the consumer or his or her family, legal guardian, conservator, or authorized representative, or both. The bill would require the native language of the consumer or his or her family, legal guardian, or authorized representative, or both, to be documented in the IPP.

end insert

Under existing law, a person believed to have a developmental disability or to have a high risk of parenting a developmentally disabled infant is eligible for initial intake and assessment in the regional centers, as specified.

This bill would requirebegin delete all communicationend deletebegin insert a regional center to make every reasonable effort to communicateend insert with the consumer and his or her family pursuant to those provisionsbegin delete to beend delete in their native language.

This bill would make other conforming changes.

Vote: majority. Appropriation: no. Fiscal committee: begin deleteyes end deletebegin insertnoend insert. State-mandated local program: no.

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

P3    1

SECTION 1.  

The Legislature finds and declares the following:

2(a) California’s diverse language and ethnic communities
3account for about 60 percent of its population. The number of
4people in the United States who do not speak English as their native
5language has grown 140 percent over the past three decades. In
6California, about 40 percent of Californians speak a language other
7than English at home, and the number of individuals whose first
8language is not English is rapidly growing.

9(b) Health disparities can result in significant health, social, and
10economic consequences. Culturally and linguistically competent
11health care services can assist in achieving health equity. Health
12 literacy plays a central role in promoting quality of life, health
13development, and health behaviors across all groups and life stages.

14(c) To address any disparities in the regional center system, it
15is the intent of the Legislature that the State Department of
16Developmental Services and regional centers ensure that all
17consumers and their families receive culturally and linguistically
18competent information, including written documents, about the
19individual program plan and individualized family service plan
20processes and procedures. begin delete It is also the intent of the Legislature
21that each regional center make available culturally and
22linguistically competent information to individuals living in its
23geographic catchment area about regional center services,
24processes, and procedures.end delete

25

SEC. 2.  

Section 95020 of the Government Code is amended
26to read:

27

95020.  

(a) An eligible infant or toddler shall have an
28individualized family service plan. The individualized family
29service plan shall be used in place of an individualized education
30program required pursuant to Sections 4646 and 4646.5 of the
31Welfare and Institutions Code, the individualized program plan
32required pursuant to Section 56340 of the Education Code, or any
33other applicable service plan.

34(b) For an infant or toddler who has been evaluated for the first
35time, a meeting to share the results of the evaluation, to determine
P4    1eligibility and, for children who are eligible, to develop the initial
2individualized family service plan shall be conducted within 45
3calendar days of receipt of the written referral. Evaluation results
4and determination of eligibility may be shared in a meeting with
5the family prior to the individualized family service plan. Written
6parent consent to evaluate and assess shall be obtained within the
745-day timeline. A regional center, local educational agency, or
8the designee of one of those entities shall initiate and conduct this
9meeting. Families shall be afforded the opportunity to participate
10in all decisions regarding eligibility and services. During intake
11and assessment, but no later than the individualized family service
12plan meeting, the parents, legal guardian, or conservator shall
13provide copies of any health benefit cards under which the
14consumer is eligible to receive health benefits, including, but not
15limited to, private health insurance, a health care service plan,
16Medi-Cal, Medicare, and TRICARE. If the individual, or, where
17appropriate, the parents, legal guardians, or conservators, have no
18such benefits, the regional center shall not use that fact to
19negatively impact the services that the individual may or may not
20receive from the regional center.

21(c) Parents shall be fully informed of their rights, including the
22right to invite another person, including a family member or an
23advocate or peer parent, or any or all of them, to accompany them
24to any or all individualized family service plan meetings. With
25parental consent, a referral shall be made to the local family
26resource center or network.

27(d) The individualized family service plan shall be in writing
28and shall address all of the following:

29(1) A statement of the infant’s or toddler’s present levels of
30physical development including vision, hearing, and health status,
31cognitive development, communication development, social and
32emotional development, and adaptive developments.

33(2) With the concurrence of the family, a statement of the
34family’s concerns, priorities, and resources related to meeting the
35special developmental needs of the eligible infant or toddler.

36(3) A statement of the major outcomes expected to be achieved
37for the infant or toddler and family where services for the family
38are related to meeting the special developmental needs of the
39eligible infant or toddler.

P5    1(4) The criteria, procedures, and timelines used to determine
2the degree to which progress toward achieving the outcomes is
3being made and whether modifications or revisions are necessary.

4(5) (A) A statement of the specific early intervention services
5necessary to meet the unique needs of the infant or toddler as
6identified in paragraph (3), including, but not limited to, the
7frequency, intensity, location, duration, and method of delivering
8the services, and ways of providing services in natural generic
9environments, including group training for parents on behavioral
10intervention techniques in lieu of some or all of the in-home parent
11training component of the behavior intervention services, and
12purchase of neighborhood preschool services and needed qualified
13personnel in lieu of infant development programs.

14(B) Effective July 1, 2009, at the time of development, review,
15or modification of an infant’s or toddler’s individualized family
16service plan, the regional center shall consider both of the
17following:

18(i) The use of group training for parents on behavior intervention
19techniques, in lieu of some or all of the in-home parent training
20component of the behavior intervention services.

21(ii) The purchase of neighborhood preschool services and needed
22qualified personnel, in lieu of infant development programs.

23(6) A statement of the agency responsible for providing the
24identified services.

25(7) The name of the service coordinator who shall be responsible
26for facilitating implementation of the plan and coordinating with
27other agencies and persons.

28(8) The steps to be taken to ensure transition of the infant or
29toddler upon reaching three years of age to other appropriate
30services. These may include, as appropriate, special education or
31other services offered in natural environments.

32(9) The projected dates for the initiation of services in paragraph
33(5) and the anticipated duration of those services.

34(e) Each service identified on the individualized family service
35plan shall be designated as one of three types:

36(1) An early intervention service, as defined in subsection (4)
37of Section 1432 of Title 20 of the United States Code, and
38applicable regulations, that is provided or purchased through the
39regional center, local educational agency, or other participating
40agency. The State Department of Health Care Services, State
P6    1Department of Social Services, and State Department of Alcohol
2and Drug Programs shall provide services in accordance with state
3and federal law and applicable regulations, and up to the level of
4funding as appropriated by the Legislature. Early intervention
5services identified on an individualized family service plan that
6exceed the funding, statutory, and regulatory requirements of these
7departments shall be provided or purchased by regional centers or
8local educational agencies under subdivisions (b) and (c) of Section
995014. The State Department of Health Care Services, State
10Department of Social Services, and State Department of Alcohol
11and Drug Programs shall not be required to provide early
12intervention services over their existing funding, statutory, and
13regulatory requirements.

14(2) Another service, other than those specified in paragraph (1),
15which the eligible infant or toddler or his or her family may receive
16from other state programs, subject to the eligibility standards of
17those programs.

18(3) A referral to a nonrequired service that may be provided to
19an eligible infant or toddler or his or her family. Nonrequired
20services are those services that are not defined as early intervention
21services or do not relate to meeting the special developmental
22needs of an eligible infant or toddler related to the disability, but
23that may be helpful to the family. The granting or denial of
24nonrequired services by a public or private agency is not subject
25to appeal under this title. Notwithstanding any other provision of
26law or regulation to the contrary, effective July 1, 2009, with the
27exception of durable medical equipment, regional centers shall not
28purchase nonrequired services, but may refer a family to a
29nonrequired service that may be available to an eligible infant or
30toddler or his or her family.

31(f) An annual review, and other periodic reviews, of the
32individualized family service plan for an infant or toddler and the
33infant’s or toddler’s family shall be conducted to determine the
34degree of progress that is being made in achieving the outcomes
35specified in the plan and whether modification or revision of the
36outcomes or services is necessary. The frequency, participants,
37purpose, and required processes for annual and periodic reviews
38shall be consistent with the statutes and regulations under Part C
39of the federal Individuals with Disabilities Education Act (20
40U.S.C. Sec. 1431 et seq.) and this title, and shall be specified in
P7    1regulations adopted pursuant to Section 95028. At the time of the
2review, the parents, legal guardian, or conservator shall provide
3copies of any health benefit cards under which the consumer is
4eligible to receive health benefits, including, but not limited to,
5private health insurance, a health care service plan, Medi-Cal,
6Medicare, and TRICARE. If the parents, legal guardian, or
7conservator have no such benefit cards, the regional center shall
8not use that fact to negatively impact the services that the individual
9may or may not receive from the regional center.

begin delete

10(g) Individualized family service plans and the provision of
11services and supports shall be designed to meet the cultural
12preferences, values, and lifestyle of the infant or toddler and his
13or her family, and shall be provided in their native language. A
14copy of the individualized family service plan shall be provided
15in their native language.

end delete
begin insert

16(g) (1) A regional center shall make every reasonable effort to
17communicate in the family’s native language during the planning
18process for the individualized family service plan, including during
19the individualized family service plan meeting.

end insert
begin insert

20(2) A regional center shall make every reasonable effort to
21provide a copy of the individualized family service plan in the
22family’s native language.

end insert
begin insert

23(3) The family’s native language shall be documented in the
24individualized family service plan.

end insert
25

SEC. 3.  

Section 4512 of the Welfare and Institutions Code is
26amended to read:

27

4512.  

As used in this division:

28(a) “Developmental disability” means a disability that originates
29before an individual attainsbegin delete ageend delete 18 yearsbegin insert of ageend insert, continues, or can
30be expected to continue, indefinitely, and constitutes a substantial
31disability for that individual. As defined by the Director of
32Developmental Services, in consultation with the Superintendent
33of Public Instruction, this term shall include mental retardation,
34cerebral palsy, epilepsy, and autism. This term shall also include
35disabling conditions found to be closely related to mental
36retardation or to require treatment similar to that required for
37individuals with mental retardation, but shall not include other
38handicapping conditions that are solely physical in nature.

39(b) “Services and supports for persons with developmental
40disabilities” means specialized services and supports or special
P8    1adaptations of generic services and supports directed toward the
2alleviation of a developmental disability or toward the social,
3personal, physical, or economic habilitation or rehabilitation of an
4individual with a developmental disability, or toward the
5achievement and maintenance of independent, productive,begin insert andend insert
6 normal lives. The determination of which services and supports
7are necessary for each consumer shall be made through the
8individual program plan process. The determination shall be made
9on the basis of the needs and preferences of the consumer or, when
10appropriate, the consumer’s family, and shall include consideration
11of a range of service options proposed by individual program plan
12participants, the effectiveness of each option in meeting the goals
13stated in the individual program plan, and the cost-effectiveness
14of each option. Services and supports listed in the individual
15program plan may include, but are not limited to, diagnosis,
16evaluation, treatment, personal care, day care, domiciliary care,
17special living arrangements, physical, occupational, and speech
18therapy, training, education, supported and sheltered employment,
19mental health services, recreation, counseling of the individual
20with a developmental disability and of his or her family, protective
21and other social and sociolegal services, information and referral
22services, follow-along services, adaptive equipment and supplies,
23advocacy assistance, including self-advocacy training, facilitation
24and peer advocates, assessment, assistance in locating a home,
25child care, behavior training and behavior modification programs,
26camping, community integration services, community support,
27daily living skills training, emergency and crisis intervention,
28facilitating circles of support, habilitation, homemaker services,
29infant stimulation programs, paid roommates, paid neighbors,
30respite, short-term out-of-home care, social skills training,
31specialized medical and dental care, supported living arrangements,
32technical and financial assistance, travel training, training for
33parents of children with developmental disabilities, training for
34parents with developmental disabilities, vouchers, and
35transportation services necessary to ensure delivery of services to
36persons with developmental disabilities. Nothing in this subdivision
37is intended to expand or authorize a new or different service or
38support for any consumer unless that service or support is contained
39in his or her individual program plan.

P9    1(c) Notwithstanding subdivisions (a) and (b), for any
2 organization or agency receiving federal financial participation
3under the federal Developmental Disabilities Assistance and Bill
4of Rights Act of 2000, as amended, “developmental disability”
5and “services for persons with developmental disabilities” mean
6the terms as defined in the federal act to the extent required by
7federal law.

8(d) “Consumer” means a person who has a disability that meets
9the definition of developmental disability set forth in subdivision
10(a).

11(e) “Natural supports” means personal associations and
12relationships typically developed in the community that enhance
13the quality and security of life for people, including, but not limited
14to, family relationships, friendships reflecting the diversity of the
15neighborhood and the community, associations with fellow students
16or employees in regular classrooms and workplaces, and
17associations developed through participation in clubs,
18organizations, and other civic activities.

19(f) “Circle of support” means a committed group of community
20members, who may include family members, meeting regularly
21with an individual with developmental disabilities in order to share
22experiences, promote autonomy and community involvement, and
23assist the individual in establishing and maintaining natural
24supports. A circle of support generally includes a plurality of
25members who neither provide nor receive services or supports for
26persons with developmental disabilities and who do not receive
27payment for participation in the circle of support.

28(g) “Facilitation” means the use of modified or adapted
29materials, special instructions, equipment, or personal assistance
30by an individual, such as assistance with communications, that
31will enable a consumer to understand and participate to the
32maximum extent possible in the decisions and choices that effect
33his or her life.

34(h) “Family support services” means services and supports that
35are provided to a child with developmental disabilities or his or
36her family and that contribute to the ability of the family to reside
37together.

38(i) “Voucher” means any authorized alternative form of service
39delivery in which the consumer or family member is provided with
40a payment, coupon, chit, or other form of authorization that enables
P10   1the consumer or family member to choose his or her own service
2provider.

3(j) “Planning team” means the individual with developmental
4disabilities, the parents or legally appointed guardian of a minor
5consumer or the legally appointed conservator of an adult
6consumer, the authorized representative, including those appointed
7pursuant to subdivision (d) of Section 4548 and subdivision (e) of
8Section 4705, one or more regional center representatives,
9including the designated regional center service coordinator
10pursuant to subdivision (b) of Section 4640.7, any individual,
11including a service provider, invited by the consumer, the parents
12or legally appointed guardian of a minor consumer or the legally
13appointed conservator of an adult consumer, or the authorized
14representative, including those appointed pursuant to subdivision
15(d) of Section 4548 and subdivision (e) of Section 4705, and
16including a minor’s, dependent’s, or ward’s court-appointed
17developmental services decisionmaker appointed pursuant to
18Section 319, 361, or 726.

19(k) “Stakeholder organizations” means statewide organizations
20representing the interests of consumers, family members, service
21providers, and statewide advocacy organizations.

22(l) “Substantial disability” means the existence of significant
23functional limitations in three or more of the following areas of
24major life activity, as determined by a regional center, and as
25appropriate to the age of the person:

26(1) Self-care.

27(2) Receptive and expressive language.

28(3) Learning.

29(4) Mobility.

30(5) Self-direction.

31(6) Capacity for independent living.

32(7) Economic self-sufficiency.

33Any reassessment of substantial disability for purposes of
34continuing eligibility shall utilize the same criteria under which
35the individual was originally made eligible.

36(m) “Native language” means the language normally usedbegin insert or
37the preferred language identifiedend insert
by the individual and, when
38appropriate, his or her parent, legal guardian or conservator, or
39authorized representative.

begin delete
P11   1

SEC. 4.  

Section 4641 of the Welfare and Institutions Code is
2amended to read:

3

4641.  

(a) All regional centers shall conduct casefinding
4activities, including notification of availability of service in English
5and such other languages as may be appropriate to the service area,
6outreach services in areas with a high incidence of developmental
7disabilities, and identification of persons who may need service.

8(b) The department and the regional centers shall ensure that
9consumers and their families receive culturally and linguistically
10competent information, including written documents, about the
11individual program plan required by Section 4646, and the
12individualized family service plan required by Section 95020 of
13the Government Code, and related processes and procedures. Each
14regional center shall make available to the public information about
15regional center services, processes, and procedures. The department
16and the regional centers shall fulfill these obligations in a manner
17that meets the standards set forth in Sections 7295.2 and 7296.2
18of the Government Code, and ensure that its materials are written
19in plain, straightforward language and in an easily readable style.
20The materials provided by the department and the regional centers
21shall also be available on the department’s and the regional centers’
22Internet Web sites.

end delete
23

begin deleteSEC. 5.end delete
24begin insertSEC. 4.end insert  

Section 4642 of the Welfare and Institutions Code is
25amended to read:

26

4642.  

(a) (1) Any person believed to have a developmental
27disability, and any person believed to have a high risk of parenting
28a developmentally disabled infant shall be eligible for initial intake
29and assessment services in the regional centers. In addition, any
30infant having a high risk of becoming developmentally disabled
31may be eligible for initial intake and assessment services in the
32regional centers. For purposes of this section, “high-risk infant”
33means a child less than 36 months of age whose genetic, medical,
34or environmental history is predictive of a substantially greater
35risk for developmental disability than that for the general
36population. The department, in consultation with the State
37Department of Public Health, shall develop specific risk and service
38 criteria for the high-risk infant program on or before July 1, 1983.
39These criteria may be modified in subsequent years based on
40analysis of actual clinical experience.

P12   1 (2) Initial intake shall be performed within 15 working days
2following request for assistance. Initial intake shall include, but
3need not be limited to, information and advice about the nature
4and availability of services provided by the regional center and by
5other agencies in the community, including guardianship,
6conservatorship, income maintenance, mental health, housing,
7education, work activity and vocational training, medical, dental,
8recreational, and other services or programs that may be useful to
9persons with developmental disabilities or their families. Intake
10shall also include a decision to provide assessment.

11(b) begin deleteAll communication end deletebegin insertA regional center shall make every
12reasonable effort to communicate end insert
with the consumer and his or
13her family pursuant to this sectionbegin delete shall beend delete in their native language.

14

begin deleteSEC. 6.end delete
15begin insertSEC. 5.end insert  

Section 4643 of the Welfare and Institutions Code is
16amended to read:

17

4643.  

(a) If assessment is needed, the assessment shall be
18performed within 120 days following initial intake. Assessment
19shall be performed as soon as possible and in no event more than
2060 days following initial intake where any delay would expose the
21client to unnecessary risk to his or her health and safety or to
22significant further delay in mental or physical development, or the
23client would be at imminent risk of placement in a more restrictive
24environment. Assessment may include collection and review of
25available historical diagnostic data, provision or procurement of
26necessary tests and evaluations, and summarization of
27developmental levels and service needs and is conditional upon
28receipt of the release of information specified in subdivision (b).

29(b) In determining if an individual meets the definition of
30developmental disability contained in subdivision (a) of Section
314512, the regional center may consider evaluations and tests,
32including, but not limited to, intelligence tests, adaptive functioning
33tests, neurological and neuropsychological tests, diagnostic tests
34performed by a physician, psychiatric tests, and other tests or
35evaluations that have been performed by, and are available from,
36other sources.

37(c) At the time of assessment, the individual, or, where
38appropriate, the parents, legal guardian, or conservator, shall
39provide copies of any health benefit cards under which the
40consumer is eligible to receive health benefits, including, but not
P13   1limited to, private health insurance, a health care service plan,
2Medi-Cal, Medicare, and TRICARE. If the individual, or where
3appropriate, the parents, legal guardians, or conservators, have no
4such benefits, the regional center shall not use that fact to
5negatively impact the services that the individual may or may not
6receive from the regional center.

7(d) begin deleteAll communication end deletebegin insertA regional center shall make every
8reasonable effort to communicate end insert
with the consumer and his or
9her family pursuant to this sectionbegin delete shall beend delete in their native language.

10

begin deleteSEC. 7.end delete
11begin insertSEC. 6.end insert  

Section 4646 of the Welfare and Institutions Code is
12amended to read:

13

4646.  

(a) It is the intent of the Legislature to ensure that the
14individual program plan and provision of services and supports
15by the regional center system is centered on the individual and the
16family of the individual with developmental disabilities and takes
17into account the needs and preferences of the individual and the
18family, where appropriate, as well as promoting community
19integration, independent, productive, and normal lives, and stable
20and healthy environments. It is the further intent of the Legislature
21to ensure that the provision of services to consumers and their
22families be effective in meeting the goals stated in the individual
23program plan, reflect the preferences and choices of the consumer,
24and reflect the cost-effective use of public resources.

25(b) The individual program plan is developed through a process
26of individualized needs determination. The individual with
27developmental disabilities and, where appropriate, his or her
28parents, legal guardian or conservator, or authorized representative,
29shall have the opportunity to actively participate in the development
30of the plan.

31(c) An individual program plan shall be developed for any
32person who, following intake and assessment, is found to be
33eligible for regional center services. These plans shall be completed
34within 60 days of the completion of the assessment. At the time
35of intake, the regional center shall inform the consumer and, where
36appropriate, his or her parents, legal guardian or conservator, or
37authorized representative, of the services available through the
38local area board and the protection and advocacy agency designated
39by the Governor pursuant to federal law, and shall provide the
40address and telephone numbers of those agencies.

P14   1(d) Individual program plans shall be prepared jointly by the
2planning team. Decisions concerning the consumer’s goals,
3objectives, and services and supports that will be included in the
4consumer’s individual program plan and purchased by the regional
5center or obtained from generic agencies shall be made by
6agreement between the regional center representative and the
7consumer or, where appropriate, the parents, legal guardian,
8conservator, or authorized representative at the program plan
9meeting.

10(e) Regional centers shall comply with the request of a
11consumer, orbegin delete whereend deletebegin insert whenend insert appropriate, the request of his or her
12parents, legal guardian, conservator, or authorized representative,
13that a designated representative receive written notice of all
14meetings to develop or revise his or her individual program plan
15and of all notices sent to the consumer pursuant to Section 4710.
16The designated representative may be a parent or family member.

17(f) If a final agreement regarding the services and supports to
18be provided to the consumer cannot be reached at a program plan
19meeting, then a subsequent program plan meeting shall be
20convened within 15 days, or later at the request of the consumer
21or, when appropriate, the parents, legal guardian, conservator, or
22authorized representative or when agreed to by the planning team.
23Additional program plan meetings may be held with the agreement
24of the regional center representative and the consumer or, where
25appropriate, the parents, legal guardian, conservator, or authorized
26representative.

27(g) An authorized representative of the regional center and the
28consumer or,begin delete whereend deletebegin insert whenend insert appropriate, his or herbegin delete parentsend deletebegin insert parentend insert,
29legal guardian, conservator, or authorized representative shall sign
30the individual program plan prior to its implementation. If the
31consumer or,begin delete whereend deletebegin insert when end insert appropriate, his or herbegin delete parentsend deletebegin insert parentend insert,
32legal guardian, conservator, or authorized representative, does not
33agree with all components of the plan, he or she may indicate that
34disagreement on the plan. Disagreement with specific plan
35components shall not prohibit the implementation of services and
36supports agreed to by the consumer or,begin delete whereend deletebegin insert whenend insert appropriate,
37his or herbegin delete parentsend deletebegin insert parentend insert, legal guardian, conservator, or authorized
38representative. If the consumer or,begin delete whereend deletebegin insert when end insert appropriate, his
39or herbegin delete parentsend deletebegin insert parentend insert, legal guardian, conservator, or authorized
40representative, does not agree with the plan in whole or in part, he
P15   1or she shall be sent written notice of the fair hearing rights, as
2required by Section 4701.

begin delete

3(h) Individual program plans and the provision of services and
4supports shall be designed to meet the cultural preferences, values,
5 and lifestyle of the individual and, when appropriate, his or her
6parent, legal guardian or conservator, or authorized representative,
7and shall be provided in their native language. A copy of the
8individual program plan shall be provided in their native language.

end delete
begin insert

9(h) (1) A regional center shall make every reasonable effort to
10communicate in the consumer’s native language, or, when
11appropriate, the native language of his or her family, legal
12guardian, conservator, or authorized representative, during the
13planning process for the individual program plan, including during
14the program plan meeting.

end insert
begin insert

15(2) A regional center shall make every reasonable effort to
16provide a copy of the individual program plan in the native
17language of the consumer or his or her family, legal guardian,
18conservator, or authorized representative, or both.

end insert
begin insert

19(3) The native language of the consumer or his or her family,
20legal guardian, conservator, or authorized representative, or both,
21shall be documented in the individual program plan.

end insert

All matter omitted in this version of the bill appears in the bill as amended in the Senate, April 1, 2013. (JR11)



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