BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 555| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- UNFINISHED BUSINESS Bill No: SB 555 Author: Correa (D) and Padilla (D) Amended: 8/15/13 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 León, Walters, Gaines, Hill, Lara, Padilla, Steinberg SENATE FLOOR : 37-0, 5/29/13 AYES: Anderson, Beall, Berryhill, Block, Calderon, Cannella, Corbett, Correa, DeSaulnier, Emmerson, Evans, Fuller, Gaines, Galgiani, Hancock, Hernandez, Hill, Hueso, Huff, Jackson, Lara, Leno, Lieu, Liu, Monning, Nielsen, Padilla, Pavley, Price, Roth, Steinberg, Torres, Walters, Wolk, Wright, Wyland, Yee NO VOTE RECORDED: De León, Knight, Vacancy ASSEMBLY FLOOR : 71-0, 9/3/13 - See last page for vote 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 communicate CONTINUED SB 555 Page 2 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 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. Assembly Amendments clarify that regional centers are required to communicate in the family's native language during the IFSP planning process and make other technical changes. 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 CONTINUED SB 555 Page 3 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. 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 CONTINUED SB 555 Page 4 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 and that regional centers comply with Part C of the federal Individuals with Disabilities Education Act, as specified. 1. Requires a regional center to communicate and provide written materials in the family's native language during the assessment, evaluation, and planning process for the IFSP, including during the IFSP meeting. 2. Requires the family's native language to be documented in the IFSP. 3. Adds to the list of definitions related to the DDS system "Native language." 4. Adds to the list of required elements of a regional center assessment the requirement that a regional center communicate with the consumer and his/her family in their native language. 5. Requires a regional center to communicate in the consumer's and his/her family's native language, including providing alternative communication services, as specified 6. Requires a regional center 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. 7. 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. CONTINUED SB 555 Page 5 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. 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) (Unable to reverify at time of CONTINUED SB 555 Page 6 writing) 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 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. ASSEMBLY FLOOR : 71-0, 9/3/13 AYES: Achadjian, Alejo, Ammiano, Atkins, Bigelow, Bloom, Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian Calderon, Campos, Chau, Chávez, Chesbro, Conway, Cooley, Dahle, Daly, Dickinson, Eggman, Fong, Frazier, Beth Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon, Gorell, Gray, Grove, Hagman, Harkey, Roger Hernández, Holden, Jones, Jones-Sawyer, Levine, Linder, Logue, Lowenthal, Maienschein, Medina, Melendez, Mitchell, Morrell, Mullin, Muratsuchi, Nazarian, Nestande, Pan, Patterson, Perea, V. Manuel Pérez, Quirk, Quirk-Silva, Rendon, Salas, Skinner, Stone, Ting, Wagner, Waldron, Weber, Wieckowski, Williams, Yamada, John A. Pérez NO VOTE RECORDED: Allen, Donnelly, Fox, Hall, Mansoor, Olsen, Wilk, Vacancy, Vacancy CONTINUED SB 555 Page 7 JL:k 9/3/13 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED