BILL ANALYSIS Ó SB 555 Page 1 SENATE THIRD READING SB 555 (Correa) As Amended August 15, 2013 Majority vote SENATE VOTE :37-0 HUMAN SERVICES 7-0 ----------------------------------------------------------------- |Ayes:|Stone, Maienschein, | | | | |Ammiano, | | | | |Ian Calderon, Garcia, | | | | |Grove, Hall | | | |-----+--------------------------+-----+--------------------------| | | | | | ----------------------------------------------------------------- SUMMARY : Strengthens conformity between current law and regulations and regional center requirements related to communication and the provision of documentation in the native language of a regional center consumer and his or her family or authorized representative. Specifically, this bill : 1)Declares legislative findings related to health equity and the provision of culturally and linguistically competent regional center services. 2)Declares that, in order 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 both of the following: a) 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; and b) That regional centers comply with Part C of the federal Individuals with Disabilities Education Act (20 United States Code (U.S.C.) Section (Sec.) 1400 et seq.) and implementing regulations, and with Sections 11135 to 11139.7, inclusive, of the Government Code and implementing regulations. SB 555 Page 2 1)Requires a regional center, pursuant to existing state and federal law and regulations, as specified, to communicate and provide written materials in a family's native language during the assessment, evaluation, and planning process for the individualized family service plan (IFSP). 2)Requires a regional center to document the family's native language in the IFSP. 3)Requires a regional center, pursuant to current law and implementing regulations, as specified, to communicate in a consumer's native language or, when appropriate, the native language of his or her family or representative, as specified, during the planning process for the individual program plan (IPP), including during the program plan meeting, and including through providing alternative communication services. 4)Requires a regional center, pursuant to current law and implementing regulations, as specified, to provide alternative communication services, including providing a copy of the individual program plan in the native language of the consumer or his or her family or representative, as specified. 5)Requires regional centers to document the native language of the consumer or his or her family, legal guardian, conservator, or authorized representative, or both, in the consumer's IPP. 6)Defines "native language" as 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. 7)Requires a regional center, pursuant to current law and implementing regulations, to communicate with the consumer and his or her family their native language, including providing alternative communication services, when conducting intake and assessment services for a consumer. EXISTING LAW : 1)Establishes an entitlement to services for individuals with SB 555 Page 3 developmental disabilities under the Lanterman Developmental Disabilities Services Act (Lanterman Act). (Welfare and Institutions Code (WIC) Section 4500 et seq.) 2)Grants all individuals with developmental disabilities, among all other rights and responsibilities established for any individual by the United States Constitution and laws and the California Constitution and laws, the right to treatment and habilitation services and supports in the least restrictive environment. (WIC Section 4502) 3)Establishes a system of 21 nonprofit regional centers throughout the state to identify needs and coordinate services for eligible individuals with developmental disabilities and requires the Department of Developmental Services (DDS) to contract with those regional centers to provide case management services and arrange for or purchase services that meet the needs of individuals with developmental disabilities, as defined. (WIC Section 4620 et seq.) 4)Requires public and private agencies serving regional center consumers under the Lanterman Act to provide consumers relevant information in an understandable form to aid them in making decisions about their own day-to-day lives. (WIC Section 4502.1) 5)Requires the development of an IPP for each regional center consumer, which specifies services to be provided to the consumer, based on his or her individualized needs determination and preferences, 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. (WIC Section 4512) 6)Requires the IPP planning processes to include: a) A statement of the individual's goals and objectives, a schedule of the type and nature of services to be provided and other information and considerations, as specified; b) Review and modification, as necessary, by the regional center's planning team no less frequently than every three years; and SB 555 Page 4 c) Statewide training and review of the IPP plan creation, as specified. (WIC Section 4646.5) 1)Enacts, in federal law, the Early Intervention Program for Infants and Toddlers with Disabilities of 1986 under the Individuals with Disabilities Education Act (IDEA), and requires DDS, regional centers and local education agencies to provide early intervention services to infants and toddlers with developmental delays, as specified. (20 U.S.C. Sec. 1400 et seq., Government Code (GOV) Section 95000 et seq.) 2)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. (GOV Section 95020) 3)Authorizes regional centers to solicit an individual or agency through a request for proposals or other means to provide needed services or supports not presently available and provided it is necessary to expand the availability of needed services of good quality. (WIC Section 4648(e)(1)) 4)Requires all regional centers to conduct casefinding activities, including notification of the availability of services in English and such other languages as may be appropriate to the catchment area, outreach services in areas with a high incidence of developmental disabilities, and identification of persons who may need services. (WIC Section 4641) 5)Requires a regional center to provide initial intake and assessment services to any person believed to have a developmental disability, as specified, and identifies guidelines and timelines for the intake and assessment process. (WIC Section 4642 et seq.) 6)Requires state agencies, as specified, that are directly involved with providing information or rendering services to a substantial number of members of the public who are non-English speaking to employ a sufficient number of qualified bilingual persons in public contact positions to ensure provision of information and services to the public, in the language of the non-English speaking persons. (GOV SB 555 Page 5 Section 7292) 7)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. (GOV Section 7295.2) 8)Defines a "substantial number of non-English-speaking people" as members of a group who either do not speak English, or who are unable to effectively communicate in English because it is not their native language, and who comprise 5% or more of the people served by any local office or facility of a state agency. (GOV Section 7296.2) 9)Prohibits discrimination against individuals in protected classes, including national origin and ethnic group identification, for purposes of providing full and equal access to benefits or programs that are operated or funded by the state. (GOV Section 11135 et seq.) FISCAL EFFECT : None. This bill is keyed non-fiscal by the Legislative Counsel. COMMENTS : This bill is part of a package of legislation intended to address disparities in the provision of regional center services to underserved communities. The author of this bill seeks to ensure access to culturally and linguistically competent services and supports by clarifying the current requirement that regional centers communicate with consumers and their families in their native languages when planning and establishing services. Background : The Lanterman Act guides the provision of services and supports for Californians with developmental disabilities. Each individual under the Lanterman Act, typically referred to as a "consumer," is legally entitled to treatment and habilitation services and supports in the least restrictive environment. Lanterman Act services are designed to enable all consumers to live more independent and productive lives in the community. The term "developmental disability" means a disability that originates before an individual attains 18 years of age, is expected to continue indefinitely, and constitutes a SB 555 Page 6 substantial disability for that individual. It includes intellectual disabilities, cerebral palsy, epilepsy, and autism spectrum disorders (ASD). Other developmental disabilities are those disabling conditions similar to an intellectual disability that require treatment (i.e., care and management) similar to that required by individuals with intellectual disabilities. Direct responsibility for implementation of the Lanterman Act service system is shared by the DDS and 21 regional centers, which are private nonprofit entities, established pursuant to the Lanterman Act, that contract with DDS to carry out many of the state's responsibilities under the Act. The principal roles of regional centers include intake and assessment, individualized program plan development, case management, and securing services through generic agencies or purchasing services provided by vendors. Services provided to people with developmental disabilities are determined through an individual planning process. Under this process, planning teams-which include, among others, the consumer, his or her legally authorized representative, and one or more regional center representatives-jointly prepare an IPP based on the consumer's needs and choices. For infants and toddlers under three years of age, the plan generated is an IFSP, which similarly dictates the services to be provided to a child to meet his or her developmental and early intervention needs. The Lanterman Act requires that the planning process for developmental services promotes community integration and maximizes opportunities for each consumer to develop relationships, be part of community life, increase control over his or her life, and acquire increasingly positive roles in the community. Regional centers serve roughly 260,000 consumers who receive services such as residential placements, supported living services, respite care, transportation, day treatment programs, work support programs, and various social and therapeutic programs. Approximately 1,400 consumers reside at one of California's four Developmental Centers-and one state-operated, specialized community facility-which provide 24-hour habilitation and medical and social treatment services. July 2013 consumer characteristic data from DDS shows that 37% of the individuals served by the regional centers are identified as White, whereas 35% are identified as Hispanic just over 6% SB 555 Page 7 identify as Asian, 2.4% identify as Filipino, and nearly 10% identify as Black or African American. Need for the bill : Existing laws and regulations prohibit discrimination against people with disabilities with respect to their receipt of public services and establish circumstances under which regional centers are required to provide information to consumers and family members in languages other than English. More specifically, state regulations require the use of an interpreter or translator during IPP meetings if all members of the planning team-which includes the consumer-do not speak the same language, and state law requires that information exchanged by members of the planning team be done so in a way that is understandable to the consumer and his or her family. State law further requires that the final IPP be prepared in a form that is understandable to the consumer and family. While current law, regulations, and the DDS Manual of Policies and Procedures set forth standards for regional centers to communicate with consumers and their family members in a language they can understand, supporters of this bill assert that consumers and their families continue to find adequate and appropriate services to be inaccessible due to linguistic and cultural barriers. The Lanterman Act requires consumer and family voice and choice to be represented in a consumer's IPP or IFSP planning process and in the written IPP or IFSP document that will guide services. This bill seeks to ensure that consumers and their family members are able to understand and fully participate in the regional center service planning process by clarifying that regional centers have an obligation to communicate with consumers and their family members in their native language. According to the author, conducting the IPP and IFSP planning and meeting processes in a language that is spoken and understood by a consumer and his or her family plays an essential role in effectively addressing disparities in regional center services. Analysis Prepared by : Myesha Jackson / HUM. S. / (916) 319-2089 FN: 0001815 SB 555 Page 8