BILL ANALYSIS �
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THIRD READING
Bill No: SB 555
Author: Correa (D)
Amended: 5/28/13
Vote: 21
SENATE HUMAN SERVICES COMMITTEE : 4-0, 4/9/13
AYES: Yee, Emmerson, Evans, Wright
NO VOTE RECORDED: Berryhill, Liu
SENATE APPROPRIATIONS COMMITTEE : 7-0, 5/23/13
AYES: De Le�n, Walters, Gaines, Hill, Lara, Padilla, Steinberg
SUBJECT : Developmental services: regional centers:
individual program plans and individualized family
service plans
SOURCE : Disability Rights California
DIGEST : This bill requires a regional center to make every
reasonable effort to communicate in the familys native language
during the individualized family service plan (IFSP) planning
process and to provide a copy of the IFSP in the family's native
language. This bill similarly requires a regional center to
make every reasonable effort to communicate in the consumer's
native language, or, when appropriate, the native language of
his/her family, legal guardian, conservator, or authorized
representative, during the individual program plan (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.
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ANALYSIS :
Existing law:
1. Establishes the Lanterman Developmental Disabilities
Services Act, which states that California is responsible for
providing an array of services and supports sufficiently
complete to meet the needs and choices of each person with
developmental disabilities, regardless of age or degree of
disability, and at each stage of life and to support their
integration into the mainstream life of the community.
2. Establishes a system of nonprofit regional centers to
provide fixed points of contact in the community for all
persons with developmental disabilities and their families,
and to coordinate services and supports best suited to them
throughout their lifetime.
3. Establishes that an infant or toddler under age three who is
eligible for regional center services shall have an IFSP to
direct services, as specified, and defines the types of
services, supports and staffing that should be considered
when creating the plan.
4. Defines various terms used in Welfare and Institutions Code
relating to individuals served by the Department of
Development Services (DDS), and the services provided.
5. Requires all regional centers to notify consumers and
families of the availability of services in English and such
other languages as may be appropriate to the service area,
provide outreach services in areas with a high incidence of
developmental disabilities, and identify persons who may need
services.
6. Identifies specific guidelines and timelines for conducting
an assessment of an individual who is identified as
potentially needing services and supports.
7. Establishes an IPP and defines that planning process as the
vehicle to ensure that services and supports are customized
to meet the needs of consumers who are served by regional
centers.
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8. Requires that every state agency which serves a substantial
number of non-English-speaking people and which provides
materials in English explaining services shall also provide
the same type of materials in any non-English language spoken
by a substantial number of the public served by the agency,
as specified.
This bill:
1. Declares the following legislative findings:
A. California's diverse language and ethnic communities
account for about 60% of its population. The number of
people in the United States who do not speak English as
their native language has grown 140% over the past three
decades. In California, about 40% 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 DDS
and regional centers ensure that all consumers and their
families receive culturally and linguistically competent
information, including written documents, about the IPP
and IFSP processes and procedures.
1. Requires a regional center to make every reasonable effort
to communicate in the family's native language during the
planning process for the IFSP, including during the IFSP
meeting.
2. Requires a regional center to make every reasonable effort
to provide a copy of the IFSP in family's native language.
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3. Requires the family's native language to be documented in
the IFSP.
4. Adds to the list of definitions related to the DDS system
"Native language."
5. Adds to the list of required elements of a regional center
assessment the requirement that a regional center make every
reasonable effort to communicate with the consumer and
his/her family in their native language.
6. Requires 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 planning process for the IPP, including during the
program plan meeting.
7. Requires a regional center to make every reasonable effort
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.
8. Requires the native language of the consumer or his or her
family, legal guardian, conservator, or authorized
representative, or both, to be documented in the IPP.
Background
This bill is part of a package that arose from a hearing in 2012
by the Senate Select Committee on Autism and Related Disorders
that focused on disparities in services in underserved
communities.
Senate Hearing . The Senate Select Committee on Autism and
Related Disorders held an informational hearing on April 30,
2012, to discuss questions surrounding equal access to regional
center services for consumers with autism spectrum disorders.
A key point of the series was that parents who fought more for
their children gained more services. Often, these parents are
wealthier, more sophisticated in navigating bureaucratic
systems, fluent in English, and able to devote significant time
to providing for their children.
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Non-English speaking families also are less likely to seek
regional center services and tend to be more comfortable going
to health clinics or providers who are culturally and
linguistically sensitive to their own race/ethnicity.
An outcome of the Select Committee's hearing was a 20-member
Taskforce on Equity and Diversity for Regional Center Autism
Services, appointed by Senate President pro Tempore Darrell
Steinberg. The group was charged with finding recommendations
to ensure that consumers of regional center services receive
appropriate and timely supports regardless of race, ethnicity,
educational background and other socio-economic factors. A
119-page report, "A Preliminary Report by the Taskforce on
Equity and Diversity for Regional Center Autism Services," was
published on March 18, 2013, and identified 19 recommended
changes.
Among them was the recommendation that DDS and regional centers
ensure that all consumers and their families receive
information, including written documents, about the IPP and IFSP
processes and information about supports in a manner that is
culturally and linguistically competent.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee, there will be
likely costs of
$1 million to $2 million per year for the regional centers to
provide translation services (General Fund) for initial intake
and assessment meetings and translation of certain documents.
SUPPORT : (Verified 5/23/13)
Disability Rights California (source)
American Civil Liberties Union
Center for Autism and Related Disorders
Chinese Parents Association for the Disabled
FUERZA
Japanese Speaking Parents Association of Children with
Challenges
Loving Your Disabled Child
The Arc and United Cerebral Palsy California Collaboration
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The Public Counsel
Vietnamese Parents with Disabled Children Association, Inc.
ARGUMENTS IN SUPPORT : The author's office states that for
people with developmental disabilities, health disparities can
result in significant health, social, and economic consequences.
The author's office states consumers and family members who are
limited English proficient have the right to get culturally and
linguistically competent information about the IPP and IFSP
processes and procedures.
Disability Rights California, this bill's sponsor, notes that it
is the responsibility of DDS and the regional centers to provide
services and supports for consumers in a
way that is person-centered, individualized, and take into
account the needs, preferences, and choices of the consumer and
the family.
JL:k 5/28/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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