BILL NUMBER: SB 555 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 28, 2013
AMENDED IN SENATE APRIL 1, 2013
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, 4641, 4642, 4643, 4646,
4646.5, 4648, and 4685 and 4646 of 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 Services
is authorized to contract contracts 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.
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.
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.
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.
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.
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 require all communication
a regional center to make every reasonable effort to communicate
with the consumer and his or her family pursuant to those
provisions to be in their native language.
This bill would make other conforming changes.
Vote: majority. Appropriation: no. Fiscal committee: yes
no . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares the following:
(a) California's diverse language and ethnic communities account
for about 60 percent of its population. The number of people in the
United States who do not speak English as their native language has
grown 140 percent over the past three decades. In California, about
40 percent of Californians speak a language other than English at
home, and the number of individuals whose first language is not
English is rapidly growing.
(b) Health disparities can result in significant health, social,
and economic consequences. Culturally and linguistically competent
health care services can assist in achieving health equity. Health
literacy plays a central role in promoting quality of life, health
development, and health behaviors across all groups and life stages.
(c) To address any disparities in the regional center system, it
is the intent of the Legislature that the State Department of
Developmental Services and regional centers ensure that all consumers
and their families receive culturally and linguistically competent
information, including written documents, about the individual
program plan and individualized family service plan processes and
procedures. It is also the intent of the Legislature that
each regional center make available culturally and linguistically
competent information to individuals living in its geographic
catchment area about regional center services, processes, and
procedures.
SEC. 2. Section 95020 of the Government Code is amended to read:
95020. (a) An eligible infant or toddler shall have an
individualized family service plan. The individualized family service
plan shall be used in place of an individualized education program
required pursuant to Sections 4646 and 4646.5 of the Welfare and
Institutions Code, the individualized program plan required pursuant
to Section 56340 of the Education Code, or any other applicable
service plan.
(b) For an infant or toddler who has been evaluated for the first
time, a meeting to share the results of the evaluation, to determine
eligibility and, for children who are eligible, to develop the
initial individualized family service plan shall be conducted within
45 calendar days of receipt of the written referral. Evaluation
results and determination of eligibility may be shared in a meeting
with the family prior to the individualized family service plan.
Written parent consent to evaluate and assess shall be obtained
within the 45-day timeline. A regional center, local educational
agency, or the designee of one of those entities shall initiate and
conduct this meeting. Families shall be afforded the opportunity to
participate in all decisions regarding eligibility and services.
During intake and assessment, but no later than the individualized
family service plan meeting, the parents, legal guardian, or
conservator shall provide copies of any health benefit cards under
which the consumer is eligible to receive health benefits, including,
but not limited to, private health insurance, a health care service
plan, Medi-Cal, Medicare, and TRICARE. If the individual, or, where
appropriate, the parents, legal guardians, or conservators, have no
such benefits, the regional center shall not use that fact to
negatively impact the services that the individual may or may not
receive from the regional center.
(c) Parents shall be fully informed of their rights, including the
right to invite another person, including a family member or an
advocate or peer parent, or any or all of them, to accompany them to
any or all individualized family service plan meetings. With parental
consent, a referral shall be made to the local family resource
center or network.
(d) The individualized family service plan shall be in writing and
shall address all of the following:
(1) A statement of the infant's or toddler's present levels of
physical development including vision, hearing, and health status,
cognitive development, communication development, social and
emotional development, and adaptive developments.
(2) With the concurrence of the family, a statement of the family'
s concerns, priorities, and resources related to meeting the special
developmental needs of the eligible infant or toddler.
(3) A statement of the major outcomes expected to be achieved for
the infant or toddler and family where services for the family are
related to meeting the special developmental needs of the eligible
infant or toddler.
(4) The criteria, procedures, and timelines used to determine the
degree to which progress toward achieving the outcomes is being made
and whether modifications or revisions are necessary.
(5) (A) A statement of the specific early intervention services
necessary to meet the unique needs of the infant or toddler as
identified in paragraph (3), including, but not limited to, the
frequency, intensity, location, duration, and method of delivering
the services, and ways of providing services in natural generic
environments, including group training for parents on behavioral
intervention techniques in lieu of some or all of the in-home parent
training component of the behavior intervention services, and
purchase of neighborhood preschool services and needed qualified
personnel in lieu of infant development programs.
(B) Effective July 1, 2009, at the time of development, review, or
modification of an infant's or toddler's individualized family
service plan, the regional center shall consider both of the
following:
(i) The use of group training for parents on behavior intervention
techniques, in lieu of some or all of the in-home parent training
component of the behavior intervention services.
(ii) The purchase of neighborhood preschool services and needed
qualified personnel, in lieu of infant development programs.
(6) A statement of the agency responsible for providing the
identified services.
(7) The name of the service coordinator who shall be responsible
for facilitating implementation of the plan and coordinating with
other agencies and persons.
(8) The steps to be taken to ensure transition of the infant or
toddler upon reaching three years of age to other appropriate
services. These may include, as appropriate, special education or
other services offered in natural environments.
(9) The projected dates for the initiation of services in
paragraph (5) and the anticipated duration of those services.
(e) Each service identified on the individualized family service
plan shall be designated as one of three types:
(1) An early intervention service, as defined in subsection (4) of
Section 1432 of Title 20 of the United States Code, and applicable
regulations, that is provided or purchased through the regional
center, local educational agency, or other participating agency. The
State Department of Health Care Services, State Department of Social
Services, and State Department of Alcohol and Drug Programs shall
provide services in accordance with state and federal law and
applicable regulations, and up to the level of funding as
appropriated by the Legislature. Early intervention services
identified on an individualized family service plan that exceed the
funding, statutory, and regulatory requirements of these departments
shall be provided or purchased by regional centers or local
educational agencies under subdivisions (b) and (c) of Section 95014.
The State Department of Health Care Services, State Department of
Social Services, and State Department of Alcohol and Drug Programs
shall not be required to provide early intervention services over
their existing funding, statutory, and regulatory requirements.
(2) Another service, other than those specified in paragraph (1),
which the eligible infant or toddler or his or her family may receive
from other state programs, subject to the eligibility standards of
those programs.
(3) A referral to a nonrequired service that may be provided to an
eligible infant or toddler or his or her family. Nonrequired
services are those services that are not defined as early
intervention services or do not relate to meeting the special
developmental needs of an eligible infant or toddler related to the
disability, but that may be helpful to the family. The granting or
denial of nonrequired services by a public or private agency is not
subject to appeal under this title. Notwithstanding any other
provision of law or regulation to the contrary, effective July 1,
2009, with the exception of durable medical equipment, regional
centers shall not purchase nonrequired services, but may refer a
family to a nonrequired service that may be available to an eligible
infant or toddler or his or her family.
(f) An annual review, and other periodic reviews, of the
individualized family service plan for an infant or toddler and the
infant's or toddler's family shall be conducted to determine the
degree of progress that is being made in achieving the outcomes
specified in the plan and whether modification or revision of the
outcomes or services is necessary. The frequency, participants,
purpose, and required processes for annual and periodic reviews shall
be consistent with the statutes and regulations under Part C of the
federal Individuals with Disabilities Education Act (20 U.S.C. Sec.
1431 et seq.) and this title, and shall be specified in regulations
adopted pursuant to Section 95028. At the time of the review, the
parents, legal guardian, or conservator shall provide copies of any
health benefit cards under which the consumer is eligible to receive
health benefits, including, but not limited to, private health
insurance, a health care service plan, Medi-Cal, Medicare, and
TRICARE. If the parents, legal guardian, or conservator have no such
benefit cards, the regional center shall not use that fact to
negatively impact the services that the individual may or may not
receive from the regional center.
(g) Individualized family service plans and the provision of
services and supports shall be designed to meet the cultural
preferences, values, and lifestyle of the infant or toddler and his
or her family, and shall be provided in their native language. A copy
of the individualized family service plan shall be provided in their
native language.
(g) (1) A regional center shall make every reasonable effort to
communicate in the family's native language during the planning
process for the individualized family service plan, including during
the individualized family service plan meeting.
(2) A regional center shall make every reasonable effort to
provide a copy of the individualized family service plan in the
family's native language.
(3) The family's native language shall be documented in the
individualized family service plan.
SEC. 3. Section 4512 of the Welfare and Institutions Code is
amended to read:
4512. As used in this division:
(a) "Developmental disability" means a disability that originates
before an individual attains age 18 years of
age , continues, or can be expected to continue, indefinitely,
and constitutes a substantial disability for that individual. As
defined by the Director of Developmental Services, in consultation
with the Superintendent of Public Instruction, this term shall
include mental retardation, cerebral palsy, epilepsy, and autism.
This term shall also include disabling conditions found to be closely
related to mental retardation or to require treatment similar to
that required for individuals with mental retardation, but shall not
include other handicapping conditions that are solely physical in
nature.
(b) "Services and supports for persons with developmental
disabilities" means specialized services and supports or special
adaptations of generic services and supports directed toward the
alleviation of a developmental disability or toward the social,
personal, physical, or economic habilitation or rehabilitation of an
individual with a developmental disability, or toward the achievement
and maintenance of independent, productive, and normal
lives. The determination of which services and supports are necessary
for each consumer shall be made through the individual program plan
process. The determination shall be made on the basis of the needs
and preferences of the consumer or, when appropriate, the consumer's
family, and shall include consideration of a range of service options
proposed by individual program plan participants, the effectiveness
of each option in meeting the goals stated in the individual program
plan, and the cost-effectiveness of each option. Services and
supports listed in the individual program plan may include, but are
not limited to, diagnosis, evaluation, treatment, personal care, day
care, domiciliary care, special living arrangements, physical,
occupational, and speech therapy, training, education, supported and
sheltered employment, mental health services, recreation, counseling
of the individual with a developmental disability and of his or her
family, protective and other social and sociolegal services,
information and referral services, follow-along services, adaptive
equipment and supplies, advocacy assistance, including self-advocacy
training, facilitation and peer advocates, assessment, assistance in
locating a home, child care, behavior training and behavior
modification programs, camping, community integration services,
community support, daily living skills training, emergency and crisis
intervention, facilitating circles of support, habilitation,
homemaker services, infant stimulation programs, paid roommates, paid
neighbors, respite, short-term out-of-home care, social skills
training, specialized medical and dental care, supported living
arrangements, technical and financial assistance, travel training,
training for parents of children with developmental disabilities,
training for parents with developmental disabilities, vouchers, and
transportation services necessary to ensure delivery of services to
persons with developmental disabilities. Nothing in this subdivision
is intended to expand or authorize a new or different service or
support for any consumer unless that service or support is contained
in his or her individual program plan.
(c) Notwithstanding subdivisions (a) and (b), for any organization
or agency receiving federal financial participation under the
federal Developmental Disabilities Assistance and Bill of Rights Act
of 2000, as amended, "developmental disability" and "services for
persons with developmental disabilities" mean the terms as defined in
the federal act to the extent required by federal law.
(d) "Consumer" means a person who has a disability that meets the
definition of developmental disability set forth in subdivision (a).
(e) "Natural supports" means personal associations and
relationships typically developed in the community that enhance the
quality and security of life for people, including, but not limited
to, family relationships, friendships reflecting the diversity of the
neighborhood and the community, associations with fellow students or
employees in regular classrooms and workplaces, and associations
developed through participation in clubs, organizations, and other
civic activities.
(f) "Circle of support" means a committed group of community
members, who may include family members, meeting regularly with an
individual with developmental disabilities in order to share
experiences, promote autonomy and community involvement, and assist
the individual in establishing and maintaining natural supports. A
circle of support generally includes a plurality of members who
neither provide nor receive services or supports for persons with
developmental disabilities and who do not receive payment for
participation in the circle of support.
(g) "Facilitation" means the use of modified or adapted materials,
special instructions, equipment, or personal assistance by an
individual, such as assistance with communications, that will enable
a consumer to understand and participate to the maximum extent
possible in the decisions and choices that effect his or her life.
(h) "Family support services" means services and supports that are
provided to a child with developmental disabilities or his or her
family and that contribute to the ability of the family to reside
together.
(i) "Voucher" means any authorized alternative form of service
delivery in which the consumer or family member is provided with a
payment, coupon, chit, or other form of authorization that enables
the consumer or family member to choose his or her own service
provider.
(j) "Planning team" means the individual with developmental
disabilities, the parents or legally appointed guardian of a minor
consumer or the legally appointed conservator of an adult consumer,
the authorized representative, including those appointed pursuant to
subdivision (d) of Section 4548 and subdivision (e) of Section 4705,
one or more regional center representatives, including the designated
regional center service coordinator pursuant to subdivision (b) of
Section 4640.7, any individual, including a service provider, invited
by the consumer, the parents or legally appointed guardian of a
minor consumer or the legally appointed conservator of an adult
consumer, or the authorized representative, including those appointed
pursuant to subdivision (d) of Section 4548 and subdivision (e) of
Section 4705, and including a minor's, dependent's, or ward's
court-appointed developmental services decisionmaker appointed
pursuant to Section 319, 361, or 726.
(k) "Stakeholder organizations" means statewide organizations
representing the interests of consumers, family members, service
providers, and statewide advocacy organizations.
(l) "Substantial disability" means the existence of significant
functional limitations in three or more of the following areas of
major life activity, as determined by a regional center, and as
appropriate to the age of the person:
(1) Self-care.
(2) Receptive and expressive language.
(3) Learning.
(4) Mobility.
(5) Self-direction.
(6) Capacity for independent living.
(7) Economic self-sufficiency.
Any reassessment of substantial disability for purposes of
continuing eligibility shall utilize the same criteria under which
the individual was originally made eligible.
(m) "Native language" means the language normally used or the
preferred language identified by the individual and, when
appropriate, his or her parent, legal guardian or conservator, or
authorized representative.
SEC. 4. Section 4641 of the Welfare and
Institutions Code is amended to read:
4641. (a) All regional centers shall conduct casefinding
activities, including notification of availability of service in
English and such other languages as may be appropriate to the service
area, outreach services in areas with a high incidence of
developmental disabilities, and identification of persons who may
need service.
(b) The department and the regional centers shall ensure that
consumers and their families receive culturally and linguistically
competent information, including written documents, about the
individual program plan required by Section 4646, and the
individualized family service plan required by Section 95020 of the
Government Code, and related processes and procedures. Each regional
center shall make available to the public information about regional
center services, processes, and procedures. The department and the
regional centers shall fulfill these obligations in a manner that
meets the standards set forth in Sections 7295.2 and 7296.2 of the
Government Code, and ensure that its materials are written in plain,
straightforward language and in an easily readable style. The
materials provided by the department and the regional centers shall
also be available on the department's and the regional centers'
Internet Web sites.
SEC. 5. SEC. 4. Section 4642 of the
Welfare and Institutions Code is amended to read:
4642. (a) (1) Any person believed to have a developmental
disability, and any person believed to have a high risk of parenting
a developmentally disabled infant shall be eligible for initial
intake and assessment services in the regional centers. In addition,
any infant having a high risk of becoming developmentally disabled
may be eligible for initial intake and assessment services in the
regional centers. For purposes of this section, "high-risk infant"
means a child less than 36 months of age whose genetic, medical, or
environmental history is predictive of a substantially greater risk
for developmental disability than that for the general population.
The department, in consultation with the State Department of Public
Health, shall develop specific risk and service criteria for the
high-risk infant program on or before July 1, 1983. These criteria
may be modified in subsequent years based on analysis of actual
clinical experience.
(2) Initial intake shall be performed within 15 working days
following request for assistance. Initial intake shall include, but
need not be limited to, information and advice about the nature and
availability of services provided by the regional center and by other
agencies in the community, including guardianship, conservatorship,
income maintenance, mental health, housing, education, work activity
and vocational training, medical, dental, recreational, and other
services or programs that may be useful to persons with developmental
disabilities or their families. Intake shall also include a decision
to provide assessment.
(b) All communication A
regional center shall make every reasonable effort to communicate
with the consumer and his or her family pursuant to this
section shall be in their native language.
SEC. 6. SEC. 5. Section 4643 of the
Welfare and Institutions Code is amended to read:
4643. (a) If assessment is needed, the assessment shall be
performed within 120 days following initial intake. Assessment shall
be performed as soon as possible and in no event more than 60 days
following initial intake where any delay would expose the client to
unnecessary risk to his or her health and safety or to significant
further delay in mental or physical development, or the client would
be at imminent risk of placement in a more restrictive environment.
Assessment may include collection and review of available historical
diagnostic data, provision or procurement of necessary tests and
evaluations, and summarization of developmental levels and service
needs and is conditional upon receipt of the release of information
specified in subdivision (b).
(b) In determining if an individual meets the definition of
developmental disability contained in subdivision (a) of Section
4512, the regional center may consider evaluations and tests,
including, but not limited to, intelligence tests, adaptive
functioning tests, neurological and neuropsychological tests,
diagnostic tests performed by a physician, psychiatric tests, and
other tests or evaluations that have been performed by, and are
available from, other sources.
(c) At the time of assessment, the individual, or, where
appropriate, the parents, legal guardian, or conservator, shall
provide copies of any health benefit cards under which the consumer
is eligible to receive health benefits, including, but not limited
to, private health insurance, a health care service plan, Medi-Cal,
Medicare, and TRICARE. If the individual, or where appropriate, the
parents, legal guardians, or conservators, have no such benefits, the
regional center shall not use that fact to negatively impact the
services that the individual may or may not receive from the regional
center.
(d) All communication A regional center
shall make every reasonable effort to communicate with the
consumer and his or her family pursuant to this section
shall be in their native language.
SEC. 7. SEC. 6. Section 4646 of the
Welfare and Institutions Code is amended to read:
4646. (a) 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,
where appropriate, as well as promoting community integration,
independent, productive, and normal lives, and stable and healthy
environments. It is the further intent of the Legislature to ensure
that the provision of services to consumers and their families be
effective in meeting the goals stated in the individual program plan,
reflect the preferences and choices of the consumer, and reflect the
cost-effective use of public resources.
(b) The individual program plan is developed through a process of
individualized needs determination. The individual with developmental
disabilities and, where appropriate, his or her parents, legal
guardian or conservator, or authorized representative, shall have the
opportunity to actively participate in the development of the plan.
(c) An individual program plan shall be developed for any person
who, following intake and assessment, is found to be eligible for
regional center services. These plans shall be completed within 60
days of the completion of the assessment. At the time of intake, the
regional center shall inform the consumer and, where appropriate, his
or her parents, legal guardian or conservator, or authorized
representative, of the services available through the local area
board and the protection and advocacy agency designated by the
Governor pursuant to federal law, and shall provide the address and
telephone numbers of those agencies.
(d) Individual program plans shall be prepared jointly by the
planning team. Decisions concerning the consumer's goals, objectives,
and services and supports that will be included in the consumer's
individual program plan and purchased by the regional center or
obtained from generic agencies shall be made by agreement between the
regional center representative and the consumer or, where
appropriate, the parents, legal guardian, conservator, or authorized
representative at the program plan meeting.
(e) Regional centers shall comply with the request of a consumer,
or where when appropriate, the request
of his or her parents, legal
guardian, conservator, or authorized representative, that a
designated representative receive written notice of all meetings to
develop or revise his or her individual program plan and of all
notices sent to the consumer pursuant to Section 4710. The designated
representative may be a parent or family member.
(f) If a final agreement regarding the services and supports to be
provided to the consumer cannot be reached at a program plan
meeting, then a subsequent program plan meeting shall be convened
within 15 days, or later at the request of the consumer or, when
appropriate, the parents, legal guardian, conservator, or authorized
representative or when agreed to by the planning team. Additional
program plan meetings may be held with the agreement of the regional
center representative and the consumer or, where appropriate, the
parents, legal guardian, conservator, or authorized representative.
(g) An authorized representative of the regional center and the
consumer or, where when appropriate,
his or her parents parent , legal
guardian, conservator, or authorized representative shall sign the
individual program plan prior to its implementation. If the consumer
or, where when appropriate, his or her
parents parent , legal guardian,
conservator, or authorized representative, does not agree with all
components of the plan, he or she may indicate that disagreement on
the plan. Disagreement with specific plan components shall not
prohibit the implementation of services and supports agreed to by the
consumer or, where when appropriate,
his or her parents parent , legal
guardian, conservator, or authorized representative. If the consumer
or, where when appropriate, his or her
parents parent , legal guardian,
conservator, or authorized representative, does not agree with the
plan in whole or in part, he or she shall be sent written notice of
the fair hearing rights, as required by Section 4701.
(h) Individual program plans and the provision of services and
supports shall be designed to meet the cultural preferences, values,
and lifestyle of the individual and, when appropriate, his or her
parent, legal guardian or conservator, or authorized representative,
and shall be provided in their native language. A copy of the
individual program plan shall be provided in their native language.
(h) (1) A regional center shall 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 planning
process for the individual program plan, including during the program
plan meeting.
(2) A regional center shall make every reasonable effort to
provide a copy of the individual program plan in the native language
of the consumer or his or her family, legal guardian, conservator, or
authorized representative, or both.
(3) The native language of the consumer or his or her family,
legal guardian, conservator, or authorized representative, or both,
shall be documented in the individual program plan. All matter
omitted in this version of the bill appears in the bill as amended in
the Senate, April 1, 2013. (JR11)