Amended in Assembly August 15, 2013

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 Bill No. 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 would require a regional center to begin delete make every reasonable effort to end delete communicate in the family’s native language during the IFSP planning begin delete process and to provide a copy of the IFSP in the family’s native language. end delete begin insert process. end insert The bill would require the family’s native language to be documented in the IFSP. The bill would similarly require a regional center to begin delete make every reasonable effort to end delete 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 a regional center to begin delete make every reasonable effort to end delete 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:

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 begin delete 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. end delete begin insert both of the following: end insert

begin insert

(1) 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.

end insert begin insert

(2) That regional centers comply with Part C of the federal
Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400
et seq.) and implementing regulations, and with Sections 11135
to 11139.7, inclusive, of the Government Code and implementing
regulations.

end insert

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 and the
State Department of Social Services 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 and the State Department of Social Services 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. begin delete 1431 end delete begin insert 1400 end insert 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) (1) A regional center shall begin delete make every reasonable effort to end delete
communicate begin insert and provide written materials end insert in the family’s native
language during the begin insert assessment, evaluation, and end insert planning process
for the individualized family service plan, begin delete including during the
individualized family service plan meeting. end delete begin insert as required by Part C
of the federal Individuals with Disabilities Education Act (20
U.S.C. Sec. 1400 et seq.) and implementing regulations, and as
required by Sections 11135 to 11139.7, inclusive, and implementing
regulations, including providing alternative communication
services pursuant to Sections 98210 to 98211, inclusive, of Title
22 of the California Code of Regulations. end insert

begin delete

(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.

end delete begin delete

(3)

end delete

begin insert (2) end insert  The family’s native language shall be documented in the
individualized family service plan.

begin delete

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

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

end delete

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 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 intellectual disability,
cerebral palsy, epilepsy, and autism. This term shall also include
disabling conditions found to be closely related to intellectual
disability or to require treatment similar to that required for
individuals with an intellectual disability, 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.

begin delete

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

end delete

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) A regional center shall begin delete make every reasonable effort to end delete
communicate with the consumer and his or her family pursuant to
this section in their native begin delete language. end delete begin insert language, including providing
alternative communication services, as required by Sections 11135
to 11139.7, inclusive, of the Government Code and implementing
regulations. end insert

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) A regional center shall begin delete make every reasonable effort to end delete
communicate with the consumer and his or her family pursuant to
this section in their native begin delete language. end delete begin insert language, including providing
alternative communication services, as required by Sections 11135
to 11139.7, inclusive, of the Government Code and implementing
regulations. end insert

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 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, when appropriate, his or her parent, legal guardian,
conservator, or authorized representative shall sign the individual
program plan prior to its implementation. If the consumer or, when
appropriate, his or her 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, when appropriate, his or her parent, legal guardian, conservator,
or authorized representative. If the consumer or, when appropriate,
his or her 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) (1) A regional center shall begin delete make every reasonable effort to end delete
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 begin delete meeting. end delete begin insert meeting, and including providing alternative
communication services, as required by Sections 11135 to 11139.7,
inclusive, of the Government Code and implementing regulations. end insert

(2) A regional center shall begin delete make every reasonable effort to end delete
provide begin insert alternative communication services, including providing end insert
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 begin delete both. end delete begin insert both, as required by Sections
11135 to 11139.7, inclusive, of the Government Code and
implementing regulations. end insert

(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.