Amended in Assembly August 5, 2013

Amended in Assembly June 20, 2013

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, 4642, 4643, 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 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 wouldbegin delete require, unless it is clearly not feasible to do so,end deletebegin insert requireend insert a regional centerbegin insert to make every reasonable effortend insert 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 similarlybegin delete require, unless it is clearly not feasible to do so,end deletebegin insert requireend insert a regional centerbegin insert to make every reasonable effortend insert 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 wouldbegin delete require, unless it is clearly not feasible to do so,end deletebegin insert requireend insert a regional centerbegin insert to make every reasonable effortend insert to communicate with the consumer and his or her family pursuant to those provisions in their native language.

This bill would make other conforming changes.

Vote: majority. Appropriation: no. Fiscal committee: no. 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 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
P3    1 literacy plays a central role in promoting quality of life, health
2development, and health behaviors across all groups and life stages.

3(c) To address any disparities in the regional center system, it
4is the intent of the Legislature that the State Department of
5Developmental Services and regional centers ensure that all
6consumers and their families receive culturally and linguistically
7competent information, including written documents, about the
8individual program plan and individualized family service plan
9processes and procedures.

begin delete
10

SEC. 2.  

Section 95020 of the Government Code is amended
11to read:

12

95020.  

(a) An eligible infant or toddler shall have an
13individualized family service plan. The individualized family
14service plan shall be used in place of an individualized education
15program required pursuant to Sections 4646 and 4646.5 of the
16Welfare and Institutions Code, the individualized program plan
17required pursuant to Section 56340 of the Education Code, or any
18other applicable service plan.

19(b) For an infant or toddler who has been evaluated for the first
20time, a meeting to share the results of the evaluation, to determine
21eligibility and, for children who are eligible, to develop the initial
22individualized family service plan shall be conducted within 45
23calendar days of receipt of the written referral. Evaluation results
24and determination of eligibility may be shared in a meeting with
25the family prior to the individualized family service plan. Written
26parent consent to evaluate and assess shall be obtained within the
2745-day timeline. A regional center, local educational agency, or
28the designee of one of those entities shall initiate and conduct this
29meeting. Families shall be afforded the opportunity to participate
30in all decisions regarding eligibility and services. During intake
31and assessment, but no later than the individualized family service
32plan meeting, the parents, legal guardian, or conservator shall
33provide copies of any health benefit cards under which the
34consumer is eligible to receive health benefits, including, but not
35limited to, private health insurance, a health care service plan,
36Medi-Cal, Medicare, and TRICARE. If the individual, or, where
37appropriate, the parents, legal guardians, or conservators, have no
38such benefits, the regional center shall not use that fact to
39negatively impact the services that the individual may or may not
40receive from the regional center.

P4    1(c) Parents shall be fully informed of their rights, including the
2right to invite another person, including a family member or an
3advocate or peer parent, or any or all of them, to accompany them
4to any or all individualized family service plan meetings. With
5parental consent, a referral shall be made to the local family
6resource center or network.

7(d) The individualized family service plan shall be in writing
8and shall address all of the following:

9(1) A statement of the infant’s or toddler’s present levels of
10physical development including vision, hearing, and health status,
11cognitive development, communication development, social and
12emotional development, and adaptive developments.

13(2) With the concurrence of the family, a statement of the
14family’s concerns, priorities, and resources related to meeting the
15special developmental needs of the eligible infant or toddler.

16(3) A statement of the major outcomes expected to be achieved
17for the infant or toddler and family where services for the family
18are related to meeting the special developmental needs of the
19eligible infant or toddler.

20(4) The criteria, procedures, and timelines used to determine
21the degree to which progress toward achieving the outcomes is
22being made and whether modifications or revisions are necessary.

23(5) (A) A statement of the specific early intervention services
24necessary to meet the unique needs of the infant or toddler as
25identified in paragraph (3), including, but not limited to, the
26frequency, intensity, location, duration, and method of delivering
27the services, and ways of providing services in natural generic
28environments, including group training for parents on behavioral
29intervention techniques in lieu of some or all of the in-home parent
30training component of the behavior intervention services, and
31purchase of neighborhood preschool services and needed qualified
32personnel in lieu of infant development programs.

33(B) Effective July 1, 2009, at the time of development, review,
34or modification of an infant’s or toddler’s individualized family
35service plan, the regional center shall consider both of the
36following:

37(i) The use of group training for parents on behavior intervention
38techniques, in lieu of some or all of the in-home parent training
39component of the behavior intervention services.

P5    1(ii) The purchase of neighborhood preschool services and needed
2qualified personnel, in lieu of infant development programs.

3(6) A statement of the agency responsible for providing the
4identified services.

5(7) The name of the service coordinator who shall be responsible
6for facilitating implementation of the plan and coordinating with
7other agencies and persons.

8(8) The steps to be taken to ensure transition of the infant or
9toddler upon reaching three years of age to other appropriate
10services. These may include, as appropriate, special education or
11other services offered in natural environments.

12(9) The projected dates for the initiation of services in paragraph
13(5) and the anticipated duration of those services.

14(e) Each service identified on the individualized family service
15plan shall be designated as one of three types:

16(1) An early intervention service, as defined in subsection (4)
17of Section 1432 of Title 20 of the United States Code, and
18applicable regulations, that is provided or purchased through the
19regional center, local educational agency, or other participating
20agency. The State Department of Health Care Services, State
21Department of Social Services, and State Department of Alcohol
22and Drug Programs shall provide services in accordance with state
23and federal law and applicable regulations, and up to the level of
24funding as appropriated by the Legislature. Early intervention
25services identified on an individualized family service plan that
26exceed the funding, statutory, and regulatory requirements of these
27departments shall be provided or purchased by regional centers or
28local educational agencies under subdivisions (b) and (c) of Section
2995014. The State Department of Health Care Services, State
30Department of Social Services, and State Department of Alcohol
31and Drug Programs shall not be required to provide early
32intervention services over their existing funding, statutory, and
33regulatory requirements.

34(2) Another service, other than those specified in paragraph (1),
35which the eligible infant or toddler or his or her family may receive
36from other state programs, subject to the eligibility standards of
37those programs.

38(3) A referral to a nonrequired service that may be provided to
39an eligible infant or toddler or his or her family. Nonrequired
40services are those services that are not defined as early intervention
P6    1services or do not relate to meeting the special developmental
2needs of an eligible infant or toddler related to the disability, but
3that may be helpful to the family. The granting or denial of
4nonrequired services by a public or private agency is not subject
5to appeal under this title. Notwithstanding any other provision of
6law or regulation to the contrary, effective July 1, 2009, with the
7exception of durable medical equipment, regional centers shall not
8purchase nonrequired services, but may refer a family to a
9nonrequired service that may be available to an eligible infant or
10toddler or his or her family.

11(f) An annual review, and other periodic reviews, of the
12individualized family service plan for an infant or toddler and the
13infant’s or toddler’s family shall be conducted to determine the
14degree of progress that is being made in achieving the outcomes
15specified in the plan and whether modification or revision of the
16outcomes or services is necessary. The frequency, participants,
17purpose, and required processes for annual and periodic reviews
18shall be consistent with the statutes and regulations under Part C
19of the federal Individuals with Disabilities Education Act (20
20U.S.C. Sec. 1431 et seq.) and this title, and shall be specified in
21regulations adopted pursuant to Section 95028. At the time of the
22review, the parents, legal guardian, or conservator shall provide
23copies of any health benefit cards under which the consumer is
24eligible to receive health benefits, including, but not limited to,
25private health insurance, a health care service plan, Medi-Cal,
26Medicare, and TRICARE. If the parents, legal guardian, or
27conservator have no such benefit cards, the regional center shall
28not use that fact to negatively impact the services that the individual
29may or may not receive from the regional center.

30(g) (1) Unless it is clearly not feasible to do so, a regional center
31shall communicate in the family’s native language during the
32planning process for the individualized family service plan,
33including during the individualized family service plan meeting.

34(2) Unless it is clearly not feasible to do so, a regional center
35shall provide a copy of the individualized family service plan in
36the family’s native language.

37(3) The family’s native language shall be documented in the
38individualized family service plan.

end delete
39begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 95020 of the end insertbegin insertGovernment Codeend insertbegin insert is amended to
40read:end insert

P7    1

95020.  

(a) An eligible infant or toddler shall have an
2individualized family service plan. The individualized family
3service plan shall be used in place of an individualized education
4program required pursuant to Sections 4646 and 4646.5 of the
5Welfare and Institutions Code, the individualized program plan
6required pursuant to Section 56340 of the Education Code, or any
7other applicable service plan.

8(b) For an infant or toddler who has been evaluated for the first
9time, a meeting to share the results of the evaluation, to determine
10eligibility and, for children who are eligible, to develop the initial
11individualized family service plan shall be conducted within 45
12calendar days of receipt of the written referral. Evaluation results
13and determination of eligibility may be shared in a meeting with
14the family prior to the individualized family service plan. Written
15parent consent to evaluate and assess shall be obtained within the
1645-day timeline. A regional center, local educational agency, or
17the designee of one of those entities shall initiate and conduct this
18meeting. Families shall be afforded the opportunity to participate
19in all decisions regarding eligibility and services. During intake
20and assessment, but no later than thebegin delete IFSPend deletebegin insert individualized family
21service planend insert
meeting, the parents, legal guardian, or conservator
22shall provide copies of any health benefit cards under which the
23consumer is eligible to receive health benefits, including, but not
24limited to, private health insurance, a health care service plan,
25Medi-Cal, Medicare, and TRICARE. If the individual, or, where
26 appropriate, the parents, legal guardians, or conservators, have no
27such benefits, the regional center shall not use that fact to
28negatively impact the services that the individual may or may not
29receive from the regional center.

30(c) Parents shall be fully informed of their rights, including the
31right to invite another person, including a family member or an
32advocate or peer parent, or any or all of them, to accompany them
33to any or all individualized family service plan meetings. With
34parental consent, a referral shall be made to the local family
35resource center or network.

36(d) The individualized family service plan shall be in writing
37and shall address all of the following:

38(1) A statement of the infant’s or toddler’s present levels of
39physical development including vision, hearing, and health status,
P8    1cognitive development, communication development, social and
2emotional development, and adaptive developments.

3(2) With the concurrence of the family, a statement of the
4family’s concerns, priorities, and resources related to meeting the
5special developmental needs of the eligible infant or toddler.

6(3) A statement of the major outcomes expected to be achieved
7for the infant or toddler and family where services for the family
8are related to meeting the special developmental needs of the
9eligible infant or toddler.

10(4) The criteria, procedures, and timelines used to determine
11the degree to which progress toward achieving the outcomes is
12being made and whether modifications or revisions are necessary.

13(5) (A) A statement of the specific early intervention services
14necessary to meet the unique needs of the infant or toddler as
15identified in paragraph (3), including, but not limited to, the
16frequency, intensity, location, duration, and method of delivering
17the services, and ways of providing services in natural generic
18environments, including group training for parents on behavioral
19intervention techniques in lieu of some or all of the in-home parent
20training component of the behavior intervention services, and
21purchase of neighborhood preschool services and needed qualified
22personnel in lieu of infant development programs.

23(B) Effective July 1, 2009, at the time of development, review,
24or modification of an infant’s or toddler’s individualized family
25service plan, the regional center shall consider both of the
26following:

27(i) The use of group training for parents on behavior intervention
28techniques, in lieu of some or all of the in-home parent training
29component of the behavior intervention services.

30(ii) The purchase of neighborhood preschool services and needed
31qualified personnel, in lieu of infant development programs.

32(6) A statement of the agency responsible for providing the
33identified services.

34(7) The name of the service coordinator who shall be responsible
35for facilitating implementation of the plan and coordinating with
36other agencies and persons.

37(8) The steps to be taken to ensure transition of the infant or
38toddler upon reaching three years of age to other appropriate
39services. These may include, as appropriate, special education or
40other services offered in natural environments.

P9    1(9) The projected dates for the initiation of services in paragraph
2(5) and the anticipated duration of those services.

3(e) Each service identified on the individualized family service
4plan shall be designated as one of three types:

5(1) An early intervention service, as defined in subsection (4)
6of Section 1432 of Title 20 of the United States Code, and
7applicable regulations, that is provided or purchased through the
8regional center, local educational agency, or other participating
9agency. The State Department of Health Care Services and the
10State Department of Social Services shall provide services in
11accordance with state and federal law and applicable regulations,
12and up to the level of funding as appropriated by the Legislature.
13Early intervention services identified on an individualized family
14service plan that exceed the funding, statutory, and regulatory
15requirements of these departments shall be provided or purchased
16by regional centers or local educational agencies under subdivisions
17(b) and (c) of Section 95014. The State Department of Health Care
18Services and the State Department of Social Services shall not be
19required to provide early intervention services over their existing
20funding, statutory, and regulatory requirements.

21(2) Another service, other than those specified in paragraph (1),
22which the eligible infant or toddler or his or her family may receive
23from other state programs, subject to the eligibility standards of
24those programs.

25(3) A referral to a nonrequired service that may be provided to
26an eligible infant or toddler or his or her family. Nonrequired
27services are those services that are not defined as early intervention
28services or do not relate to meeting the special developmental
29needs of an eligible infant or toddler related to the disability, but
30that may be helpful to the family. The granting or denial of
31nonrequired services by a public or private agency is not subject
32to appeal under this title. Notwithstanding any other provision of
33law or regulation to the contrary, effective July 1, 2009, with the
34exception of durable medical equipment, regional centers shall not
35purchase nonrequired services, but may refer a family to a
36nonrequired service that may be available to an eligible infant or
37toddler or his or her family.

38(f) An annual review, and other periodic reviews, of the
39individualized family service plan for an infant or toddler and the
40infant’s or toddler’s family shall be conducted to determine the
P10   1degree of progress that is being made in achieving the outcomes
2specified in the plan and whether modification or revision of the
3outcomes or services is necessary. The frequency, participants,
4purpose, and required processes for annual and periodic reviews
5shall be consistent with the statutes and regulations under Part C
6of the federal Individuals with Disabilities Education Act (20
7U.S.C. Sec. 1431 et seq.) and this title, and shall be specified in
8regulations adopted pursuant to Section 95028. At the time of the
9review, the parents, legal guardian, or conservator shall provide
10copies of any health benefit cards under which the consumer is
11eligible to receive health benefits, including, but not limited to,
12private health insurance, a health care service plan, Medi-Cal,
13Medicare, and TRICARE. If the parents, legal guardian, or
14conservator have no such benefit cards, the regional center shall
15not use that fact to negatively impact the services that the individual
16may or may not receive from the regional center.

begin insert

17(g) (1) A regional center shall make every reasonable effort to
18communicate in the family’s native language during the planning
19process for the individualized family service plan, including during
20the individualized family service plan meeting.

end insert
begin insert

21(2) A regional center shall make every reasonable effort to
22provide a copy of the individualized family service plan in the
23family’s native language.

end insert
begin insert

24(3) The family’s native language shall be documented in the
25individualized family service plan.

end insert
begin insert

26(4) (A) To ensure compliance with Part C of the federal
27Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400
28et seq.) and implementing regulations, “every reasonable effort”
29shall mean all effort necessary to achieve the stated requirements
30of this subdivision, unless it is clearly not feasible to do so.

end insert
begin insert

31(B) To ensure compliance with Sections 11135 to 11139.5,
32inclusive, and implementing regulations, for any requirement other
33than the requirements under Part C of the federal Individuals with
34Disabilities Education Act and implementing regulations, “every
35reasonable effort” shall mean all effort necessary to achieve the
36stated requirements of this subdivision, unless it is determined that
37the effort would place an undue hardship on the regional center
38pursuant to Sections 11135 to 11139.5, inclusive, and implementing
39regulations. This subdivision shall not limit the procedural
P11   1safeguards provided under Part C of the federal Individuals with
2Disabilities Education Act and implementing regulations.

end insert
3

SEC. 3.  

Section 4512 of the Welfare and Institutions Code is
4amended to read:

5

4512.  

As used in this division:

6(a) “Developmental disability” means a disability that originates
7before an individual attains 18 years of age; continues, or can be
8expected to continue, indefinitely; and constitutes a substantial
9disability for that individual. As defined by the Director of
10Developmental Services, in consultation with the Superintendent
11of Public Instruction, this term shall include intellectualbegin delete disabilityend delete
12begin insert disability,end insert cerebral palsy, epilepsy, and autism. This term shall
13also include disabling conditions found to be closely related to
14intellectual disability or to require treatment similar to that required
15for individuals with an intellectualbegin delete disabilityend deletebegin insert disability,end insert but shall
16not include other handicapping conditions that are solely physical
17in nature.

18(b) “Services and supports for persons with developmental
19disabilities” means specialized services and supports or special
20adaptations of generic services and supports directed toward the
21alleviation of a developmental disability or toward the social,
22personal, physical, or economic habilitation or rehabilitation of an
23individual with a developmental disability, or toward the
24achievement and maintenance of independent, productive, and
25normal lives. The determination of which services and supports
26are necessary for each consumer shall be made through the
27individual program plan process. The determination shall be made
28on the basis of the needs and preferences of the consumer or, when
29appropriate, the consumer’s family, and shall include consideration
30of a range of service options proposed by individual program plan
31participants, the effectiveness of each option in meeting the goals
32stated in the individual program plan, and the cost-effectiveness
33of each option. Services and supports listed in the individual
34program plan may include, but are not limited to, diagnosis,
35evaluation, treatment, personal care, day care, domiciliary care,
36special living arrangements, physical, occupational, and speech
37therapy, training, education, supported and sheltered employment,
38mental health services, recreation, counseling of the individual
39with a developmental disability and of his or her family, protective
40and other social and sociolegal services, information and referral
P12   1services, follow-along services, adaptive equipment and supplies,
2advocacy assistance, including self-advocacy training, facilitation
3and peer advocates, assessment, assistance in locating a home,
4child care, behavior training and behavior modification programs,
5camping, community integration services, community support,
6daily living skills training, emergency and crisis intervention,
7facilitating circles of support, habilitation, homemaker services,
8infant stimulation programs, paid roommates, paid neighbors,
9respite, short-term out-of-home care, social skills training,
10specialized medical and dental care, supported living arrangements,
11technical and financial assistance, travel training, training for
12parents of children with developmental disabilities, training for
13parents with developmental disabilities, vouchers, and
14transportation services necessary to ensure delivery of services to
15persons with developmental disabilities. Nothing in this subdivision
16is intended to expand or authorize a new or different service or
17support for any consumer unless that service or support is contained
18in his or her individual program plan.

19(c) Notwithstanding subdivisions (a) and (b), for any
20 organization or agency receiving federal financial participation
21under the federal Developmental Disabilities Assistance and Bill
22of Rights Act of 2000, as amended, “developmental disability”
23and “services for persons with developmental disabilities” mean
24the terms as defined in the federal act to the extent required by
25federal law.

26(d) “Consumer” means a person who has a disability that meets
27the definition of developmental disability set forth in subdivision
28(a).

29(e) “Natural supports” means personal associations and
30relationships typically developed in the community that enhance
31the quality and security of life for people, including, but not limited
32to, family relationships, friendships reflecting the diversity of the
33neighborhood and the community, associations with fellow students
34or employees in regular classrooms and workplaces, and
35associations developed through participation in clubs,
36organizations, and other civic activities.

37(f) “Circle of support” means a committed group of community
38members, who may include family members, meeting regularly
39with an individual with developmental disabilities in order to share
40experiences, promote autonomy and community involvement, and
P13   1assist the individual in establishing and maintaining natural
2supports. A circle of support generally includes a plurality of
3members who neither provide nor receive services or supports for
4persons with developmental disabilities and who do not receive
5payment for participation in the circle of support.

6(g) “Facilitation” means the use of modified or adapted
7materials, special instructions, equipment, or personal assistance
8by an individual, such as assistance with communications, that
9will enable a consumer to understand and participate to the
10maximum extent possible in the decisions and choices that effect
11his or her life.

12(h) “Family support services” means services and supports that
13are provided to a child with developmental disabilities or his or
14her family and that contribute to the ability of the family to reside
15together.

16(i) “Voucher” means any authorized alternative form of service
17delivery in which the consumer or family member is provided with
18a payment, coupon, chit, or other form of authorization that enables
19the consumer or family member to choose his or her own service
20provider.

21(j) “Planning team” means the individual with developmental
22disabilities, the parents or legally appointed guardian of a minor
23consumer or the legally appointed conservator of an adult
24consumer, the authorized representative, including those appointed
25pursuant to subdivision (d) of Section 4548 and subdivision (e) of
26Section 4705, one or more regional center representatives,
27including the designated regional center service coordinator
28pursuant to subdivision (b) of Section 4640.7, any individual,
29including a service provider, invited by the consumer, the parents
30or legally appointed guardian of a minor consumer or the legally
31appointed conservator of an adult consumer, or the authorized
32representative, including those appointed pursuant to subdivision
33(d) of Section 4548 and subdivision (e) of Section 4705, and
34including a minor’s, dependent’s, or ward’s court-appointed
35developmental services decisionmaker appointed pursuant to
36Section 319, 361, or 726.

37(k) “Stakeholder organizations” means statewide organizations
38representing the interests of consumers, family members, service
39providers, and statewide advocacy organizations.

P14   1(l) “Substantial disability” means the existence of significant
2functional limitations in three or more of the following areas of
3major life activity, as determined by a regional center, and as
4appropriate to the age of the person:

5(1) Self-care.

6(2) Receptive and expressive language.

7(3) Learning.

8(4) Mobility.

9(5) Self-direction.

10(6) Capacity for independent living.

11(7) Economic self-sufficiency.

12Any reassessment of substantial disability for purposes of
13continuing eligibility shall utilize the same criteria under which
14the individual was originally made eligible.

15(m) “Native language” means the language normally used or
16the preferred language identified by the individual and, when
17appropriate, his or her parent, legal guardian or conservator, or
18authorized representative.

begin insert

19(n) To ensure compliance with Sections 11135 to 11139.5,
20inclusive, of the Government Code and implementing regulations,
21“every reasonable effort” means all effort necessary to achieve
22the stated requirements of the applicable provisions of this division,
23unless it is determined that the effort would place an undue
24hardship on the regional center pursuant to Sections 11135 to
2511139.5, inclusive, of the Government Code and implementing
26regulations. This subdivision shall not limit the rights established
27in Chapter 7 (commencing with Section 4700).

end insert
28

SEC. 4.  

Section 4642 of the Welfare and Institutions Code is
29amended to read:

30

4642.  

(a) (1) Any person believed to have a developmental
31disability, and any person believed to have a high risk of parenting
32a developmentally disabled infant shall be eligible for initial intake
33and assessment services in the regional centers. In addition, any
34infant having a high risk of becoming developmentally disabled
35may be eligible for initial intake and assessment services in the
36regional centers. For purposes of this section, “high-risk infant”
37means a child less than 36 months of age whose genetic, medical,
38or environmental history is predictive of a substantially greater
39risk for developmental disability than that for the general
40population. The department, in consultation with the State
P15   1Department of Public Health, shall develop specific risk and service
2 criteria for the high-risk infant program on or before July 1, 1983.
3These criteria may be modified in subsequent years based on
4analysis of actual clinical experience.

5 (2) Initial intake shall be performed within 15 working days
6following request for assistance. Initial intake shall include, but
7need not be limited to, information and advice about the nature
8and availability of services provided by the regional center and by
9other agencies in the community, including guardianship,
10conservatorship, income maintenance, mental health, housing,
11education, work activity and vocational training, medical, dental,
12recreational, and other services or programs that may be useful to
13persons with developmental disabilities or their families. Intake
14shall also include a decision to provide assessment.

15(b) begin deleteUnless it is clearly not feasible to do so, a end deletebegin insertA end insertregional center
16shallbegin insert make every reasonable effort toend insert communicate with the
17consumer and his or her family pursuant to this section in their
18native language.

19

SEC. 5.  

Section 4643 of the Welfare and Institutions Code is
20amended to read:

21

4643.  

(a) If assessment is needed, the assessment shall be
22performed within 120 days following initial intake. Assessment
23shall be performed as soon as possible and in no event more than
2460 days following initial intake where any delay would expose the
25client to unnecessary risk to his or her health and safety or to
26significant further delay in mental or physical development, or the
27client would be at imminent risk of placement in a more restrictive
28environment. Assessment may include collection and review of
29available historical diagnostic data, provision or procurement of
30necessary tests and evaluations, and summarization of
31developmental levels and service needs and is conditional upon
32receipt of the release of information specified in subdivision (b).

33(b) In determining if an individual meets the definition of
34developmental disability contained in subdivision (a) of Section
354512, the regional center may consider evaluations and tests,
36including, but not limited to, intelligence tests, adaptive functioning
37tests, neurological and neuropsychological tests, diagnostic tests
38performed by a physician, psychiatric tests, and other tests or
39evaluations that have been performed by, and are available from,
40other sources.

P16   1(c) At the time of assessment, the individual, or, where
2appropriate, the parents, legal guardian, or conservator, shall
3provide copies of any health benefit cards under which the
4consumer is eligible to receive health benefits, including, but not
5limited to, private health insurance, a health care service plan,
6Medi-Cal, Medicare, and TRICARE. If the individual, or where
7appropriate, the parents, legal guardians, or conservators, have no
8such benefits, the regional center shall not use that fact to
9negatively impact the services that the individual may or may not
10receive from the regional center.

11(d) begin deleteUnless it is clearly not feasible to do so, a end deletebegin insertA end insertregional center
12shallbegin insert make every reasonable effort toend insert communicate with the
13consumer and his or her family pursuant to this section in their
14native language.

15

SEC. 6.  

Section 4646 of the Welfare and Institutions Code is
16amended to read:

17

4646.  

(a) It is the intent of the Legislature to ensure that the
18individual program plan and provision of services and supports
19by the regional center system is centered on the individual and the
20family of the individual with developmental disabilities and takes
21into account the needs and preferences of the individual and the
22family, where appropriate, as well as promoting community
23integration, independent, productive, and normal lives, and stable
24and healthy environments. It is the further intent of the Legislature
25to ensure that the provision of services to consumers and their
26families be effective in meeting the goals stated in the individual
27program plan, reflect the preferences and choices of the consumer,
28and reflect the cost-effective use of public resources.

29(b) The individual program plan is developed through a process
30of individualized needs determination. The individual with
31developmental disabilities and, where appropriate, his or her
32parents, legal guardian or conservator, or authorized representative,
33shall have the opportunity to actively participate in the development
34of the plan.

35(c) An individual program plan shall be developed for any
36person who, following intake and assessment, is found to be
37eligible for regional center services. These plans shall be completed
38within 60 days of the completion of the assessment. At the time
39of intake, the regional center shall inform the consumer and, where
40appropriate, his or her parents, legal guardian or conservator, or
P17   1authorized representative, of the services available through the
2local area board and the protection and advocacy agency designated
3by the Governor pursuant to federal law, and shall provide the
4address and telephone numbers of those agencies.

5(d) Individual program plans shall be prepared jointly by the
6planning team. Decisions concerning the consumer’s goals,
7objectives, and services and supports that will be included in the
8consumer’s individual program plan and purchased by the regional
9center or obtained from generic agencies shall be made by
10agreement between the regional center representative and the
11consumer or, where appropriate, the parents, legal guardian,
12conservator, or authorized representative at the program plan
13meeting.

14(e) Regional centers shall comply with the request of a
15consumer, or when appropriate, the request of his or her parents,
16legal guardian, conservator, or authorized representative, that a
17designated representative receive written notice of all meetings to
18develop or revise his or her individual program plan and of all
19notices sent to the consumer pursuant to Section 4710. The
20designated representative may be a parent or family member.

21(f) If a final agreement regarding the services and supports to
22be provided to the consumer cannot be reached at a program plan
23meeting, then a subsequent program plan meeting shall be
24convened within 15 days, or later at the request of the consumer
25or, when appropriate, the parents, legal guardian, conservator, or
26authorized representative or when agreed to by the planning team.
27Additional program plan meetings may be held with the agreement
28of the regional center representative and the consumer or, where
29appropriate, the parents, legal guardian, conservator, or authorized
30representative.

31(g) An authorized representative of the regional center and the
32consumer or, when appropriate, his or her parent, legal guardian,
33conservator, or authorized representative shall sign the individual
34program plan prior to its implementation. If the consumer or, when
35appropriate, his or her parent, legal guardian, conservator, or
36authorized representative, does not agree with all components of
37the plan, he or she may indicate that disagreement on the plan.
38Disagreement with specific plan components shall not prohibit the
39implementation of services and supports agreed to by the consumer
40or, when appropriate, his or her parent, legal guardian, conservator,
P18   1or authorized representative. If the consumer or, when appropriate,
2his or her parent, legal guardian, conservator, or authorized
3representative, does not agree with the plan in whole or in part, he
4or she shall be sent written notice of the fair hearing rights, as
5required by Section 4701.

6(h) (1) begin deleteUnless it is clearly not feasible to do so, a end deletebegin insertA end insertregional
7center shallbegin insert make every reasonable effort toend insert communicate in the
8consumer’s native language, or, when appropriate, the native
9language of his or her family, legal guardian, conservator, or
10authorized representative, during the planning process for the
11individual program plan, including during the program plan
12meeting.

13(2) begin deleteUnless it is clearly not feasible to do so, a end deletebegin insertA end insertregional center
14shallbegin insert make every reasonable effort toend insert provide a copy of the
15individual program plan in the native language of the consumer
16or his or her family, legal guardian, conservator, or authorized
17representative, or both.

18(3) The native language of the consumer or his or her family,
19legal guardian, conservator, or authorized representative, or both,
20shall be documented in the individual program plan.



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