Amended in Assembly June 12, 2014

Senate BillNo. 856


Introduced by Committee on Budget and Fiscal Review

January 9, 2014


begin deleteAn act relating to the Budget Act of 2014. end deletebegin insertAn act to amend Section 854.1 of, and to amend, repeal, and add Section 95014 of, the Government Code, to amend Sections 1502 and 1524 of, to add Article 9.7 (commencing with Section 1567.80) to Chapter 3 of Division 2 of, and to add and repeal Article 9.5 (commencing with Section 1567.61) of Chapter 3 of Division 2 of, the Health and Safety Code, and to amend Sections 4418.25, 4418.7, 4474.2, 4474.3, 4514, 4519.6, 4648, 4659.1, 4681.6, 4691.6, 4691.9, 6504.5, and 6509 of, to amend, repeal, and add Section 7505 of, to add Section 4436 to, to add Article 8 (commencing with Section 4698) to Chapter 6 of Division 4.5 of, and to add and repeal Article 3.6 (commencing with Section 4684.80) of Chapter 6 of Division 4.5 of, the Welfare and Institutions Code, relating to developmental services, and making an appropriation therefor, to take effect immediately, bill related to the budget.end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 856, as amended, Committee on Budget and Fiscal Review. begin deleteBudget Act of 2014. end deletebegin insertDevelopmental services.end insert

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(1) Existing law, the California Community Care Facilities Act, provides for the licensing and regulation of community care facilities, as defined, by the State Department of Social Services. A violation of the act is a misdemeanor.

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This bill would license as a community care facility an enhanced behavioral supports home, which is a facility certified by the State Department of Developmental Services and licensed by the State Department of Social Services as an adult residential facility or a group home, with a maximum of 4 clients, that provides 24-hour nonmedical care to individuals with developmental disabilities who require enhanced behavioral supports, staffing, and supervision in a homelike setting, and that is eligible for federal Medicaid funding. The bill would require the State Department of Developmental Services to establish a pilot program, until January 1, 2020, for the operation of up to 6 enhanced behavioral supports homes, as specified, each fiscal year in which the pilot program is in effect and to the extent funding is available. The bill would require an enhanced behavioral supports home to be certified by the State Department of Developmental Services, and its plan of operation approved by both the State Department of Developmental Services and the State Department of Social Services prior to being licensed as a community care facility.

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This bill would also include within the definition of a community care facility a community crisis home. The bill would define a community crisis home as a facility that has a maximum of 8 clients, conforms to certain federal regulations, is eligible for federal Medicaid home and community-based services funding, is certified by the State Department of Developmental Services, and is licensed by the State Department of Social Services as an adult residential facility. A community crisis home would provide 24-hour nonmedical care to individuals with developmental disabilities receiving regional center service, in need of crisis intervention services, and who would otherwise be at risk of admission to the acute crisis center at Fairview Developmental Center or Sonoma Developmental Center, an out-of-state placement, a general acute hospital, an acute psychiatric hospital, or an institution for mental disease.

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This bill would require the State Department of Developmental Services, using community placement plan funds, to establish a community-based residential option consisting of community crisis homes, as specified. The bill would authorize the State Department of Developmental Services to issue a certificate of program approval to a qualified community crisis home. The bill would also require a community crisis home to have been issued a certificate of program approval by the State Department of Developmental Services, and its plan of operation to have been approved by both the State Department of Developmental Services and the State Department of Social Services, prior to licensure by the State Department of Social Services as a community care facility. The bill would prohibit either the certificate or the license from being issued until the publication of emergency regulations by the State Department of Developmental Services, as provided.

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By expanding the definition of a community care facility, this bill would change the definition of an existing crime, creating a state-mandated local program.

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(2) Existing law establishes the State Department of Developmental Services and sets forth its powers and duties, including, but not limited to, the administration of state developmental centers and the administration and oversight of community programs providing services to consumers with developmental disabilities and their families.

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This bill would require the department to evaluate enhanced behavioral supports homes, community crisis homes, and the acute crisis centers at the Fairview Developmental Center and the Sonoma Developmental Center, and to provide the evaluations to the budget committees and appropriate policy committees of the Legislature, as specified. The bill would require the evaluation for each facility to include specified information, including, but not limited to, comparative summary information regarding the characteristics of the persons served and their immediate past residential settings.

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(3) Existing law specifies procedures for the commitment of persons with developmental disabilities to the department for purposes of placement and treatment, including, among others, that a written report be submitted to the court containing a specified evaluation of the person alleged to have a developmental disability. Existing law requires that treatment, services, and supports be provided in natural community settings to the maximum extent possible, and authorizes the department to contract with regional centers to provide services and supports to individuals with developmental disabilities.

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Under existing law, those services and supports are contained in an individual program plan, developed in accordance with prescribed requirements. Existing law also requires the department to establish a statewide specialized resource service to reduce reliance on out-of-state placements and developmental centers and mental health facilities for which federal funding is not available. Existing law requires regional centers to complete, and update annually as part of the individual program planning process for as long as the consumer resides in the developmental center, a comprehensive assessment of specified consumers residing in a developmental centers, and requires that this assessment be provided to the individual program planning team in order to assist the planning team in determining the least restrictive environment for the consumer. Under existing law, the regional center is required to also provide, to the extent appropriate, relevant information from the statewide specialized resource service to the individual program planning team. Existing law requires that the clients’ rights advocate for the regional center be notified of each individual program plan meeting that includes discussion of the results of the assessment, and authorizes the advocate to participate in the meeting unless the consumer objects on his or her own behalf.

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This bill would additionally require the regional center to provide the comprehensive assessment, or updated assessment, and relevant information from the statewide specialized resource service to the clients’ rights advocate for the regional center and the superior court with jurisdiction over the consumer’s placement at the developmental center, including the consumer’s attorney of record and other parties known to the regional center, as specified. The bill would require the comprehensive assessment, or updated assessment, to be provided to the court as part of the report described above in specified circumstances. The bill would also require the regional center to provide a copy of the most recent comprehensive assessment or updated assessment to notify the clients’ rights advocate of the time, date, and location of each individual program plan meeting that includes discussion of the results of the comprehensive assessment and updates to that assessment as soon as practicable following the completion of the comprehensive assessment or update and not less than 30 calendar days prior to the meeting.

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(4) Existing law requires the confidentiality of all information and records obtained in the course of providing intake, assessment, and services pursuant to specified provisions of existing law to persons with developmental disabilities and authorizes disclosure in certain cases, including to the courts and designated parties as part of a regional center report or assessment in compliance with specified statutory or regulatory requirements.

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This bill would authorize a regional center to, when a comprehensive assessment has been conducted or updated pursuant to specified provisions of existing law, provide the assessment to the regional center clients’ rights advocate.

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(5) Existing law requires a regional center to immediately notify the appropriate regional resource development project, the consumer, and the consumer’s parents, legal guardian, or conservator if the regional center determines, or is informed by the consumer’s parents, legal guardian, conservator, or authorized representative that the community placement of a consumer is at risk of failing, and that admittance to a state developmental center is a likelihood, or the regional center is notified by a court of a potential admission to a developmental center.

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This bill would additionally require the regional center to notify the clients’ rights advocate for the regional center in the circumstances described above.

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(6) Existing law generally prohibits a regional center from purchasing new residential services from institutions for mental disease, including in emergencies when a regional center cannot locate alternate services to meet the consumer’s needs. Existing law requires a regional center, as soon as possible within 30 days of admission due to an emergency, to complete an assessment and convene an individual program plan meeting immediately following the assessment, to determine the services and supports needed for stabilization and to develop a plan to transition the consumer from the facility to the community. Existing law requires the clients’ rights advocate to be notified of each admission and individual program planning meeting pursuant these provisions and authorizes the clients’ rights advocate to participate in all individual program planning meetings unless the consumer objects on his or her own behalf.

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This bill would require the notification to the clients’ rights advocate described above to be provided as soon as practicable, but not less than 7 calendar days prior to the meeting, and require the notification to include the date, time and location of the meeting.

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(7) Existing law, the California Early Intervention Services Act, provides a statewide system of coordinated, comprehensive, family-centered, multidisciplinary, and interagency programs that are responsible for providing appropriate early intervention services and support to all eligible infants and toddlers, as defined, and their families. The act requires these services to be provided pursuant to the existing regional center system under the Lanterman Developmental Disabilities Service Act, and further requires the regional centers to comply with that act and its implementing regulations, as specified.

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This bill would, beginning January 1, 2015, revise the definition of an eligible infant or toddler for purposes of eligibility for services.

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(8) Existing law authorizes a regional center to pay any applicable copayment or coinsurance for a service or support required by a consumer’s individual program plan if the service is paid for by the health care service plan or health insurance policy of the consumer or his or her parent, guardian, or caregiver and, among other conditions, the family or the consumer, as applicable, has an annual gross income that does not exceed 400% of the federal poverty level. Existing law prohibits a regional center from paying health care service plan or health insurance policy deductibles.

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This bill would delete that prohibition against payment of deductibles and would authorize a regional center to pay any applicable deductible for a service or support required by a consumer’s individual program plan if the support or service is paid for by the health care service plan or health insurance policy of the consumer or his or her parent, guardian, or caregiver, and other specified conditions are satisfied.

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(9) Existing law requires the department and regional centers to annually collaborate to determine the most appropriate methods to collect and compile meaningful data in a uniform manner, as specified, related to the payment of copayments and coinsurance by each regional center.

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This bill would also require the department and regional centers to include in that collaboration the most appropriate methods to collect and compile meaningful data in a uniform manner related to the payment of deductibles by each regional center.

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(10) Existing law prohibits the admission of a person to a developmental center except under certain circumstances, including when the person is experiencing an acute crisis and is committed by a court to the Fairview Developmental Center.

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This bill, commencing January 1, 2015, would additionally authorize the admission of a person to the acute crisis center at Sonoma Developmental Center upon commitment by a court due to an acute crisis. The bill would require the acute crisis center at the Fairview Developmental Center and the acute crisis center at the Sonoma Developmental Center to each consist of a unit that is distinct from other residential units in the developmental center and to each serve no more than 5 residents. The bill would authorize crisis center residents to participate in day, work, and recreation programs, and other developmental center facility activities, outside of the acute crisis unit, when the individual program plan identifies it is appropriate and consistent with the individual’s treatment plan. The bill would further require the acute crisis centers to assist the consumer with transitioning back to his or her residence, as specified.

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(11) Existing law details a process for the transition of an individual from a developmental center to a community living arrangement, including a requirement that the department provide followup services to help ensure a smooth transition to the community. Under existing law, whenever the State Department of Developmental Services proposes the closure of a developmental center, the department is required to submit a detailed plan to the Legislature by a specified date that includes a description of the services that will no longer be provided by the center and potential job opportunities for developmental center employees and other efforts made to mitigate the effect of the closure on employees. Existing law authorizes the department to operate a facility, provide employees to assist in the operation of a facility, or provide other necessary services if the department determines that the activity will assist in meeting the goal of the orderly closures of specified developmental centers and requires the department to annually prepare a report on the use of the department’s employees in this regard. Existing law makes specified public contracting conflict-of-interest provisions inapplicable to those employees.

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This bill would expand those provisions to authorize the department to operate a facility, provide employees to assist in the operation of a facility, or provide other necessary services and supports if the department determines that the activity will assist in meeting the goal of successfully transitioning developmental center residents to community living or deflecting the admission of individuals with developmental disabilities to a developmental center, an institution for mental disease, an out-of-state placement, a general acute care hospital, or an acute psychiatric hospital. The bill would require the department to annually prepare a report on the use of the department’s employees in this regard, and would exempt those employees from specified public contracting conflict-of-interest provisions. The bill would also require the report to include specified recommendations.

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(12) Existing law sets forth the rules relating to the liability of governmental agencies for tort injury caused by the action or omission of its officers or employees, including the operation of mental institutions or medical facilities. Existing law defines a mental institution or medical facility for purposes of those provisions to include a facility where a public employee provides services relating to the closure of specified developmental centers.

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This bill would expand the definition of a “mental institution” or “medical facility” for purposes of those provisions to include a facility where a public employee provides services and supports to individuals transitioning from a developmental center to the community or to individuals at risk of admission to a developmental center, an institution for mental disease, an out-of-state placement, a general acute care hospital, or an acute psychiatric hospital.

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(13) Existing law requires the department to enter into contracts with private nonprofit corporations to operate regional centers that provide community services and support for consumers and their families, including, but not limited to, residential placement. Existing law sets forth the department’s and the regional center’s authority to negotiate provider rates, and sets forth certain limitations. Existing law authorizes prescribed provider rate increases and prohibits others.

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Existing law, commencing July 1, 2014, increases the state minimum wage to no less than $9 per hour.

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This bill would, notwithstanding existing law, authorize adjustment in prescribed provider rates commencing July 1, 2014, as necessary to adjust employee wages to meet the new state minimum wage law.

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The bill would, commencing January 1, 2015, require an increase of the in-home respite service agency rate schedule and the rates for personal assistance and supported living services by 5.82%, subject to funding being specifically appropriated for these purposes, as specified.

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(14) The Budget Act of 2011 appropriated $2,289,463,000 to the State Department of Developmental Services for regional centers, payable from the General Fund.

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This bill would, notwithstanding any other law, provide that this appropriation is available for liquidation of encumbrances through June 30, 2015. The bill would also reappropriate the unencumbered balance of $13,048,000 of that appropriation for the purposes provided for in the appropriation and make that amount available for encumbrance or expenditure until June 30, 2015, and for liquidation through June 30, 2017.

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(15)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

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This bill would provide that no reimbursement is required by this act for a specified reason.

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(16) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.

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This bill would express the intent of the Legislature to enact statutory changes relating to the Budget Act of 2014.

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Vote: majority. Appropriation: begin deleteno end deletebegin insertyesend insert. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: begin deleteno end deletebegin insertyesend insert.

The people of the State of California do enact as follows:

P9    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 854.1 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
2to read:end insert

3

854.1.  

(a) It is the intent of the Legislature to ensure continuity
4of care forbegin delete clients of Agnews Developmental Center and Lanterman
5Developmental Center.end delete
begin insert individuals with developmental disabilities
6transitioning from a developmental center to the community and
7to prevent the unnecessary institutionalization and hospitalization
8of these individuals.end insert

9(b) In the effort to achieve these goals, it is the intent of the
10Legislature to seek and implement recommendations that include
11all of the following services to retainbegin delete Agnews and Lantermanend delete
12begin insert developmental centerend insert staff as employees:

13(1) Crisis management teams that provide behavioral, medical,
14and dental treatment, training, and technical assistance.

15(2) Specialized services, including adaptive equipment design
16and fabrication, and medical, dental, psychological, and assessment
17services.

18(3) Staff support in community homes to assist individuals with
19behavioral or psychiatric needs.

20(c) As used in this chapter, the terms “mental institution” or
21“medical facility” also include a developmental services facility.
22For the purposes of this chapter “developmental services facility”
23means any facility or place where a public employee provides
24begin delete developmentalend delete servicesbegin delete relating to the closure of Agnews
25Developmental Center or Lanterman Developmental Centerend delete
begin insert and
26supports to individuals transitioning from a developmental center
27to the community or to individuals with developmental disabilities
28at risk of admission to a developmental center, an institution for
29mental disease, an out-of-state placement, a general acute care
30hospital, or an acute psychiatric hospitalend insert
.

31begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 95014 of the end insertbegin insertGovernment Codeend insertbegin insert is amended to
32read:end insert

P10   1

95014.  

(a) The term “eligible infant or toddler” for the
2purposes of this title means infants and toddlers from birth through
3two years of age, for whom a need for early intervention services,
4as specified in the federal Individuals with Disabilities Education
5Act (20 U.S.C. Sec. 1431 et seq.) and applicable regulations, is
6documented by means of assessment and evaluation as required
7in Sections 95016 and 95018 and who meet one of the following
8criteria:

9(1) Infants and toddlers with a developmental delay in one or
10more of the following five areas: cognitive development; physical
11and motor development, including vision and hearing;
12communication development; social or emotional development;
13or adaptive development. Developmentally delayed infants and
14toddlers are those who are determined to have a significant
15difference between the expected level of development for their
16age and their current level of functioning. This determination shall
17be made by qualified personnel who are recognized by, or part of,
18a multidisciplinary team, including the parents. A significant
19difference is defined as a 33-percent delay in one developmental
20area before 24 months of age, or, at 24 months of age or older,
21either a delay of 50 percent in one developmental area or a
2233-percent delay in two or more developmental areas. The age for
23use in determination of eligibility for the Early Intervention
24Program shall be the age of the infant or toddler on the date of the
25initial referral to the Early Intervention Program.

26(2) Infants and toddlers with established risk conditions, who
27are infants and toddlers with conditions of known etiology or
28conditions with established harmful developmental consequences.
29The conditions shall be diagnosed by a qualified personnel
30recognized by, or part of, a multidisciplinary team, including the
31parents. The condition shall be certified as having a high
32probability of leading to developmental delay if the delay is not
33evident at the time of diagnosis.

34(b) Regional centers and local educational agencies shall be
35responsible for ensuring that eligible infants and toddlers are served
36as follows:

37(1) The State Department of Developmental Services and
38regional centers shall be responsible for the provision of
39appropriate early intervention services that are required for
40California’s participation in Part C of the federal Individuals with
P11   1Disabilities Education Act (20 U.S.C. Sec. 1431 et seq.) for all
2infants eligible under Section 95014, except for those infants with
3solely a visual, hearing, or severe orthopedic impairment, or any
4combination of those impairments, who meet the criteria in
5Sections 56026 and 56026.5 of the Education Code, and in Section
63030(a), (b), (d), or (e) of, and Section 3031 of, Title 5 of the
7California Code of Regulations.

8(2) The State Department of Education and local educational
9agencies shall be responsible for the provision of appropriate early
10intervention services in accordance with Part C of the federal
11Individuals with Disabilities Education Act (20 U.S.C. Sec. 1431
12et seq.) for infants with solely a visual, hearing, or severe
13orthopedic impairment, or any combination of those impairments,
14who meet the criteria in Sections 56026 and 56026.5 of the
15Education Code, and in Section 3030(a), (b), (d), or (e) of, and
16Section 3031 of, Title 5 of the California Code of Regulations,
17and who are not eligible for services under the Lanterman
18Developmental Disabilities Services Act (Division 4.5
19(commencing with Section 4500) of the Welfare and Institutions
20Code).

21(c) For infants and toddlers and their families who are eligible
22to receive services from both a regional center and a local
23educational agency, the regional center shall be the agency
24responsible for providing or purchasing appropriate early
25intervention services that are beyond the mandated responsibilities
26of local educational agencies and that are required for California’s
27participation in Part C of the federal Individuals with Disabilities
28Education Act (20 U.S.C. Sec. 1431 et seq.). The local educational
29agency shall provide special education services up to its funded
30program capacity as established annually by the State Department
31of Education in consultation with the State Department of
32Developmental Services and the Department of Finance.

33(d) No agency or multidisciplinary team, including any agency
34listed in Section 95012, shall presume or determine eligibility,
35including eligibility for medical services, for any other agency.
36However, regional centers and local educational agencies shall
37coordinate intake, evaluation, assessment, and individualized
38family service plans for infants and toddlers and their families who
39are served by an agency.

P12   1(e) Upon termination of the program pursuant to Section 95003,
2the State Department of Developmental Services shall be
3responsible for the payment of services pursuant to this title.

begin insert

4(f) This section shall remain in effect only until January 1, 2015,
5and as of that date is repealed, unless a later enacted statute, that
6is enacted before January 1, 2015, deletes or extends that date.

end insert
7begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 95014 is added to the end insertbegin insertGovernment Codeend insertbegin insert, to
8read:end insert

begin insert
9

begin insert95014.end insert  

(a) The term “eligible infant or toddler” for the
10purposes of this title means infants and toddlers from birth through
11two years of age, for whom a need for early intervention services,
12as specified in the federal Individuals with Disabilities Education
13Act (20 U.S.C. Sec. 1431 et seq.) and applicable regulations, is
14documented by means of assessment and evaluation as required
15in Sections 95016 and 95018 and who meet one of the following
16criteria:

17(1) Infants and toddlers with a developmental delay in one or
18more of the following five areas: cognitive development; physical
19and motor development, including vision and hearing;
20communication development; social or emotional development;
21or adaptive development. Developmentally delayed infants and
22toddlers are those who are determined to have a significant
23difference between the expected level of development for their age
24and their current level of functioning. This determination shall be
25made by qualified personnel who are recognized by, or part of, a
26multidisciplinary team, including the parents. A significant
27difference is defined as a 33-percent delay in one or more
28developmental areas.

29(2) Infants and toddlers with established risk conditions, who
30are infants and toddlers with conditions of known etiology or
31conditions with established harmful developmental consequences.
32The conditions shall be diagnosed by a qualified personnel
33recognized by, or part of, a multidisciplinary team, including the
34parents. The condition shall be certified as having a high
35probability of leading to developmental delay if the delay is not
36evident at the time of diagnosis.

37(3) Infants and toddlers who are at high risk of having
38substantial developmental disability due to a combination of
39biomedical risk factors, the presence of which are diagnosed by
P13   1qualified personnel recognized by, or part of, a multidisciplinary
2team, including the parents.

3(b) Regional centers and local educational agencies shall be
4responsible for ensuring that eligible infants and toddlers are
5served as follows:

6(1) The State Department of Developmental Services and
7regional centers shall be responsible for the provision of
8appropriate early intervention services that are required for
9California’s participation in Part C of the federal Individuals with
10Disabilities Education Act (20 U.S.C. Sec. 1431 et seq.) for all
11infants eligible under Section 95014, except for those infants with
12solely a visual, hearing, or severe orthopedic impairment, or any
13combination of those impairments, who meet the criteria in Sections
1456026 and 56026.5 of the Education Code, and in Section 3030(a),
15(b), (d), or (e) of, and Section 3031 of, Title 5 of the California
16Code of Regulations.

17(2) The State Department of Education and local educational
18agencies shall be responsible for the provision of appropriate early
19intervention services in accordance with Part C of the federal
20Individuals with Disabilities Education Act (20 U.S.C. Sec. 1431
21et seq.) for infants with solely a visual, hearing, or severe
22orthopedic impairment, or any combination of those impairments,
23who meet the criteria in Sections 56026 and 56026.5 of the
24Education Code, and in Section 3030(a), (b), (d), or (e) of, and
25Section 3031 of, Title 5 of the California Code of Regulations, and
26who are not eligible for services under the Lanterman
27Developmental Disabilities Services Act (Division 4.5 (commencing
28with Section 4500) of the Welfare and Institutions Code).

29(c) For infants and toddlers and their families who are eligible
30to receive services from both a regional center and a local
31educational agency, the regional center shall be the agency
32responsible for providing or purchasing appropriate early
33intervention services that are beyond the mandated responsibilities
34of local educational agencies and that are required for California’s
35participation in Part C of the federal Individuals with Disabilities
36Education Act (20 U.S.C. Sec. 1431 et seq.). The local educational
37agency shall provide special education services up to its funded
38program capacity as established annually by the State Department
39of Education in consultation with the State Department of
40Developmental Services and the Department of Finance.

P14   1(d) No agency or multidisciplinary team, including any agency
2listed in Section 95012, shall presume or determine eligibility,
3including eligibility for medical services, for any other agency.
4However, regional centers and local educational agencies shall
5coordinate intake, evaluation, assessment, and individualized
6family service plans for infants and toddlers and their families
7who are served by an agency.

8(e) Upon termination of the program pursuant to Section 95003,
9the State Department of Developmental Services shall be
10responsible for the payment of services pursuant to this title.

11(f) This section shall become operative on January 1, 2015.

end insert
12begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 1502 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is amended
13to read:end insert

14

1502.  

As used in this chapter:

15(a) “Community care facility” means any facility, place, or
16building that is maintained and operated to provide nonmedical
17residential care, day treatment, adult day care, or foster family
18agency services for children, adults, or children and adults,
19including, but not limited to, the physically handicapped, mentally
20impaired, incompetent persons, and abused or neglected children,
21and includes the following:

22(1) “Residential facility” means any family home, group care
23facility, or similar facility determined by the director, for 24-hour
24nonmedical care of persons in need of personal services,
25supervision, or assistance essential for sustaining the activities of
26daily living or for the protection of the individual.

27(2) “Adult day program” means any community-based facility
28or program that provides care to persons 18 years of age or older
29in need of personal services, supervision, or assistance essential
30for sustaining the activities of daily living or for the protection of
31these individuals on less than a 24-hour basis.

32(3) “Therapeutic day services facility” means any facility that
33provides nonmedical care, counseling, educational or vocational
34support, or social rehabilitation services on less than a 24-hour
35basis to persons under 18 years of age who would otherwise be
36placed in foster care or who are returning to families from foster
37care. Program standards for these facilities shall be developed by
38the department, pursuant to Section 1530, in consultation with
39therapeutic day services and foster care providers.

P15   1(4) “Foster family agency” means any organization engaged in
2the recruiting, certifying, and training of, and providing
3professional support to, foster parents, or in finding homes or other
4places for placement of children for temporary or permanent care
5who require that level of care as an alternative to a group home.
6Private foster family agencies shall be organized and operated on
7a nonprofit basis.

8(5) “Foster family home” means any residential facility
9providing 24-hour care for six or fewer foster children that is
10owned, leased, or rented and is the residence of the foster parent
11or parents, including their family, in whose care the foster children
12have been placed. The placement may be by a public or private
13child placement agency or by a court order, or by voluntary
14placement by a parent, parents, or guardian. It also means a foster
15family home described in Section 1505.2.

16(6) “Small family home” means any residential facility, in the
17licensee’s family residence, that provides 24-hour care for six or
18fewer foster children who have mental disorders or developmental
19or physical disabilities and who require special care and supervision
20as a result of their disabilities. A small family home may accept
21children with special health care needs, pursuant to subdivision
22(a) of Section 17710 of the Welfare and Institutions Code. In
23addition to placing children with special health care needs, the
24department may approve placement of children without special
25health care needs, up to the licensed capacity.

26(7) “Social rehabilitation facility” means any residential facility
27that provides social rehabilitation services for no longer than 18
28months in a group setting to adults recovering from mental illness
29who temporarily need assistance, guidance, or counseling. Program
30components shall be subject to program standards pursuant to
31Article 1 (commencing with Section 5670) of Chapter 2.5 of Part
322 of Division 5 of the Welfare and Institutions Code.

33(8) “Community treatment facility” means any residential
34facility that provides mental health treatment services to children
35in a group setting and that has the capacity to provide secure
36containment. Program components shall be subject to program
37standards developed and enforced by the State Department of
38Health Care Services pursuant to Section 4094 of the Welfare and
39Institutions Code.

P16   1Nothing in this section shall be construed to prohibit or
2discourage placement of persons who have mental or physical
3disabilities into any category of community care facility that meets
4the needs of the individual placed, if the placement is consistent
5with the licensing regulations of the department.

6(9) “Full-service adoption agency” means any licensed entity
7engaged in the business of providing adoption services, that does
8all of the following:

9(A) Assumes care, custody, and control of a child through
10relinquishment of the child to the agency or involuntary termination
11of parental rights to the child.

12(B) Assesses the birth parents, prospective adoptive parents, or
13child.

14(C) Places children for adoption.

15(D) Supervises adoptive placements.

16Private full-service adoption agencies shall be organized and
17operated on a nonprofit basis. As a condition of licensure to provide
18intercountry adoption services, a full-service adoption agency shall
19be accredited and in good standing according to Part 96 of Title
2022 of the Code of Federal Regulations, or supervised by an
21accredited primary provider, or acting as an exempted provider,
22in compliance with Subpart F (commencing with Section 96.29)
23of Part 96 of Title 22 of the Code of Federal Regulations.

24(10) “Noncustodial adoption agency” means any licensed entity
25engaged in the business of providing adoption services, that does
26all of the following:

27(A) Assesses the prospective adoptive parents.

28(B) Cooperatively matches children freed for adoption, who are
29under the care, custody, and control of a licensed adoption agency,
30for adoption, with assessed and approved adoptive applicants.

31(C) Cooperatively supervises adoptive placements with a
32full-service adoptive agency, but does not disrupt a placement or
33 remove a child from a placement.

34Private noncustodial adoption agencies shall be organized and
35operated on a nonprofit basis. As a condition of licensure to provide
36intercountry adoption services, a noncustodial adoption agency
37shall be accredited and in good standing according to Part 96 of
38Title 22 of the Code of Federal Regulations, or supervised by an
39accredited primary provider, or acting as an exempted provider,
P17   1in compliance with Subpart F (commencing with Section 96.29)
2of Part 96 of Title 22 of the Code of Federal Regulations.

3(11) “Transitional shelter care facility” means any group care
4facility that provides for 24-hour nonmedical care of persons in
5need of personal services, supervision, or assistance essential for
6sustaining the activities of daily living or for the protection of the
7individual. Program components shall be subject to program
8standards developed by the State Department of Social Services
9pursuant to Section 1502.3.

10(12) “Transitional housing placement provider” means an
11organization licensed by the department pursuant to Section
121559.110 and Section 16522.1 of the Welfare and Institutions Code
13to provide transitional housing to foster children at least 16 years
14of age and not more than 18 years of age, and nonminor
15dependents, as defined in subdivision (v) of Section 11400 of the
16Welfare and Institutions Code, to promote their transition to
17adulthood. A transitional housing placement provider shall be
18privately operated and organized on a nonprofit basis.

19(13) “Group home” means a residential facility that provides
2024-hour care and supervision to children, delivered at least in part
21by staff employed by the licensee in a structured environment. The
22care and supervision provided by a group home shall be
23nonmedical, except as otherwise permitted by law.

24(14) “Runaway and homeless youth shelter” means a group
25home licensed by the department to operate a program pursuant
26to Section 1502.35 to provide voluntary, short-term, shelter and
27personal services to runaway youth or homeless youth, as defined
28in paragraph (2) of subdivision (a) of Section 1502.35.

begin insert

29(15) “Enhanced behavioral supports home” means a facility
30certified by the State Department of Developmental Services
31pursuant to Article 3.6 (commencing with Section 4684.80) of
32Chapter 6 of Division 4.5 of the Welfare and Institutions Code,
33and licensed by the State Department of Social Services as an adult
34residential facility or a group home that provides 24-hour
35nonmedical care to individuals with developmental disabilities
36who require enhanced behavioral supports, staffing, and
37supervision in a homelike setting. An enhanced behavioral supports
38home shall have a maximum capacity of four consumers, shall
39conform to Section 441.530(a)(1) of Title 42 of the Code of Federal
P18   1Regulations, and shall be eligible for federal Medicaid home-and
2community-based services funding.

end insert
begin insert

3(16) “Community crisis home” means a facility certified by the
4State Department of Developmental Services pursuant to Article
58 (commencing with Section 4698) of Chapter 6 of Division 4.5 of
6the Welfare and Institutions Code, and licensed by the State
7Department of Social Services pursuant to Article 9.7 (commencing
8with Section 1567.80), as an adult residential facility, providing
924-hour nonmedical care to individuals with developmental
10disabilities receiving regional center service, in need of crisis
11intervention services, and who would otherwise be at risk of
12admission to the acute crisis center at Fairview Developmental
13Center, Sonoma Developmental Center, an acute general hospital,
14acute psychiatric hospital, an institution for mental disease, as
15described in Part 5 (commencing with Section 5900) of Division
165 of the Welfare and Institutions Code, or an out-of-state
17placement. A community crisis home shall have a maximum
18capacity of eight consumers, as defined in subdivision (a) of Section
191567.80, shall conform to Section 441.530(a)(1) of Title 42 of the
20Code of Federal Regulations, and shall be eligible for federal
21Medicaid home and community-based services funding.

end insert

22(b) “Department” or “state department” means the State
23Department of Social Services.

24(c) “Director” means the Director of Social Services.

25begin insert

begin insertSEC. 5.end insert  

end insert

begin insertSection 1524 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is amended
26to read:end insert

27

1524.  

A license shall be forfeited by operation of law when
28one of the following occurs:

29(a) The licensee sells or otherwise transfers the facility or facility
30property, except when change of ownership applies to transferring
31of stock when the facility is owned by a corporation, and when
32the transfer of stock does not constitute a majority change of
33ownership.

34(b) The licensee surrenders the license to the department.

35(c) (1) The licensee moves a facility from one location to
36another. The department shall develop regulations to ensure that
37the facilities are not charged a full licensing fee and do not have
38to complete the entire application process when applying for a
39license for the new location.

P19   1(2) This subdivision shall not apply to a licensed foster family
2home, a home certified by a licensed foster family agency, or a
3home approved pursuant to Sections 309, 361.4, and 361.45 of the
4Welfare and Institutions Code. When a foster family home licensee,
5certified home parent, or a person approved to care for children
6pursuant to Sections 309, 361.4, and 361.45 of the Welfare and
7Institutions Code moves to a new location, the existing license,
8certification, or approval may be transferred to the new location.
9All caregivers to whom this paragraph applies shall be required to
10meet all applicable licensing laws and regulations at the new
11location.

12(d) The licensee is convicted of an offense specified in Section
13220, 243.4, or 264.1, or paragraph (1) of Section 273a, Section
14273d, 288, or 289 of the Penal Code, or is convicted of another
15crime specified in subdivision (c) of Section 667.5 of the Penal
16Code.

17(e) The licensee dies. If an adult relative notifies the department
18of his or her desire to continue operation of the facility and submits
19an application, the department shall expedite the application. The
20department shall promulgate regulations for expediting applications
21submitted pursuant to this subdivision.

22(f) The licensee abandons the facility.

23(g) When the certification issued by the State Department of
24Developmental Services to a licensee of an Adult Residential
25Facility for Persons with Special Health Care Needs, licensed
26pursuant to Article 9 (commencing with Section 1567.50), is
27rescinded.

begin insert

28(h) When the certification issued by the State Department of
29Developmental Services to a licensee of an enhanced behavioral
30supports home, licensed pursuant to Article 9.5 (commencing with
31Section 1567.61), is rescinded.

end insert
begin insert

32(i) When the certificate of program approval issued by the State
33Department of Developmental Services, pursuant to Article 8
34(commencing with Section 4698) of Chapter 6 of Division 4.5 of
35the Welfare and Institutions Code, to a licensee of a community
36crisis home, licensed pursuant to Article 9.7 (commencing with
37Section 1567.80), is rescinded.

end insert
38begin insert

begin insertSEC. 6.end insert  

end insert

begin insertArticle 9.5 (commencing with Section 1567.61) is added
39to Chapter 3 of Division 2 of the end insert
begin insertHealth and Safety Codeend insertbegin insert, to read:end insert

begin insert

 

P20   1Article begin insert9.5.end insert  Enhanced Behavioral Supports Homes
2

 

3

begin insert1567.61.end insert  

As used in this article the following terms apply:

4(a) “Consumer” or “client” means an individual who has been
5determined by a regional center to meet the eligibility criteria of
6Section 4512 of the Welfare and Institutions Code and applicable
7regulations and for whom the regional center has accepted
8responsibility.

9(b) “Individual behavior supports plan” means the plan that
10identifies and documents the behavior and intensive support and
11service needs of a consumer and details the strategies to be
12employed and services to be provided to address those needs, and
13includes the entity responsible for providing those services and
14timelines for when each identified individual behavior support will
15 commence.

16(c) “Individual behavior supports team” means those individuals
17who develop, monitor, and revise the individual behavior supports
18plan for consumers residing in an enhanced behavioral supports
19home, pursuant to subdivision (d) of Section 4684.80 of the Welfare
20and Institutions Code.

21

begin insert1567.62.end insert  

(a) Each enhanced behavioral supports home shall
22be licensed as an adult residential facility or a group home and
23certified by the State Department of Developmental Services.

24(b) A certificate of program approval issued by the State
25Department of Developmental Services shall be a condition of
26licensure for the enhanced behavioral supports home by the State
27Department of Social Services.

28(c) An enhanced behavioral supports home shall not be licensed
29by the State Department of Social Services until the certificate of
30program approval, granted by the State Department of
31Developmental Services, has been received.

32(d) Placements of dual agency clients into enhanced behavioral
33supports homes that are licensed as group homes shall be subject
34to the limitations on the duration of the placement set forth in
35Sections 319.2 and 319.3 of, and subparagraph (A) of paragraph
36(8) and subparagraph (A) of paragraph (9) of subdivision (e) of
37Section 361.2 of, the Welfare and Institutions Code.

38(e) For the purpose of this article, dual agency clients are foster
39children in temporary custody of the child welfare agency under
40Section 319 of the Welfare and Institutions Code or under the
P21   1jurisdiction of the juvenile court pursuant to Section 300, 450,
2601, or 602 of the Welfare and Institutions Code who are also
3either a consumer of regional center services, or who are receiving
4services under the California Early Intervention Services Act (Title
514 (the age of commencing with Section 45000) of the Government
6Code) but who are under three years of age and have not yet been
7determined to have a developmental disability.

8(f) The State Department of Social Services shall not be
9responsible for any of the following:

10(1) Developing and approving a consumer’s individual behavior
11supports plan in conjunction with the consumer’s individual
12behavior supports team.

13(2) (A) Oversight of any services that may be provided by a
14licensed health professional or licensed mental health professional
15to a consumer.

16(B) Services provided by a licensed health or licensed mental
17health professional means services that may only be provided
18under the authority of the licensed health service provider’s or
19licensed mental health service provider’s professional license.

20(g) Subdivision (f) shall not limit the State Department of Social
21Services’ ability to enforce Chapter 3 (commencing with Section
221500), and applicable regulations.

23

begin insert1567.63.end insert  

The license applicant shall submit a facility program
24plan to the State Department of Developmental Services for
25approval and submit the approved plan to the State Department
26of Social Services as part of the facility plan of operation. The
27plan of operation shall be approved by the State Department of
28Social Services prior to licensure.

29

begin insert1567.64.end insert  

The State Department of Social Services shall adopt
30regulations to address, at a minimum, staffing structure, staff
31qualifications, and training. Training requirements shall include
32a minimum of 16 hours of emergency intervention training.
33“Emergency intervention training” means the techniques the
34licensee will use to prevent injury to, and maintain safety for,
35consumers who are a danger to themselves or others and shall
36emphasize positive behavioral supports and techniques that are
37alternatives to physical restraints.

38

begin insert1567.65.end insert  

If the State Department of Social Services determines
39that urgent action is necessary to protect a consumer residing in
40an enhanced behavioral supports home from physical or mental
P22   1abuse, abandonment, or any other substantial threat to their health
2and safety, the State Department of Social Services shall notify
3the State Department of Developmental Services. The State
4Department of Developmental Services may request that the
5regional center or centers take action within 24 hours, which may
6include, as appropriate, the removal of a consumer from the
7enhanced behavioral supports home or obtaining alternative or
8additional services. When possible, an individual program plan
9(IPP) meeting shall be convened to determine the appropriate
10action pursuant to this section. In any case, an IPP meeting shall
11be convened within 30 days following an action pursuant to this
12section.

13

begin insert1567.66.end insert  

An enhanced behavioral supports home employing
14secured perimeters shall comply with Section 1531.15 and
15applicable regulations.

16

begin insert1567.67.end insert  

(a) The State Department of Social Services shall
17revoke the enhanced behavioral supports home’s facility license
18if the State Department of Developmental Services has decertified
19an enhanced behavioral supports home program certification
20pursuant to Article 3.6 (commencing with Section 4684.80) of
21Chapter 6 of Division 4.5 of the Welfare and Institutions Code.

22(b) The State Department of Developmental Services and
23regional centers shall, for purposes of assisting in licensing,
24provide the State Department of Social Services with all available
25documentation and evidentiary support that was submitted to the
26State Department of Developmental Services in connection with
27certification by an applicant for licensure under this article.

28

begin insert1567.68.end insert  

(a) A license shall not be issued pursuant to this
29article before emergency regulations for this article filed by the
30State Department of Developmental Services have been published.

31(b) Emergency regulations to implement this article may be
32adopted by the director of the State Department of Social Services
33in accordance with the Administrative Procedure Act (Chapter
343.5 (commencing with Section 11340) of Part 1 of Division 3 of
35Title 2 of the Government Code). These regulations shall be
36developed in consultation with system stakeholders. The initial
37adoption of the emergency regulations and one readoption of the
38initial regulations shall be deemed to be an emergency and
39necessary for the immediate preservation of the public peace,
40health, safety, or general welfare. Initial emergency regulations
P23   1and the first readoption of those emergency regulations shall be
2exempt from review by the Office of Administrative Law. The
3emergency regulations authorized by this section shall be submitted
4to the Office of Administrative Law for filing with the Secretary
5of State and shall remain in effect for no more than 180 days.

6(c) The adoption, initial amendment, repeal, or readoption of
7a regulation authorized by this section is deemed to be an
8emergency and necessary for the immediate preservation of the
9public peace, health, safety, or general welfare for purposes of
10Sections 11346.1 and 11349.6 of the Government Code, and the
11State Department of Social Services is hereby exempted from the
12requirement that it describe specific facts showing the need for
13immediate action. A certificate of compliance for these
14implementing regulations shall be filed within 24 months following
15the adoption of the first emergency regulations filed pursuant to
16this section. The emergency regulations may be readopted and
17remain in effect until approval of the certificate of compliance.

18

begin insert1567.69.end insert  

Nothing in this article shall interfere with the
19authority of the State Department of Social Services to temporarily
20suspend or revoke the license of an enhanced behavioral supports
21home pursuant to Section 1550 of the Health and Safety Code.

22

begin insert1567.70.end insert  

This article shall remain in effect only until January
231, 2020, and as of that date is repealed, unless a later enacted
24statute, that is enacted before January 1, 2020, deletes or extends
25that date.

end insert
26begin insert

begin insertSEC. 7.end insert  

end insert

begin insertArticle 9.7 (commencing with Section 1567.80) is added
27to Chapter 3 of Division 2 of the end insert
begin insertHealth and Safety Codeend insertbegin insert, to read:end insert

begin insert

28 

29Article begin insert9.7.end insert  Community Crisis Home Licensure
30

 

31

begin insert1567.80.end insert  

For the purposes of this article, the following
32definitions apply:

33(a) “Consumer” or “client” means an individual who has been
34determined by a regional center to meet the eligibility criteria of
35Section 4512 of the Welfare and Institutions Code and applicable
36regulations, and for whom the regional center has accepted
37responsibility.

38(b) “Individual behavior support plan” means the plan that
39identifies and documents the behavioral and intensive support and
40service needs of a consumer and details the strategies to be
P24   1employed, and services to be provided, to address those needs,
2and includes the entity responsible for providing those services
3and timelines for when each identified individual behavioral
4support will commence.

5

begin insert1567.81.end insert  

(a) (1) Each community crisis home shall be licensed
6as an adult residential facility, pursuant to this article, and certified
7by the State Department of Developmental Services, pursuant to
8Article 8 (commencing with Section 4698) of Chapter 6 of Division
94.5 of the Welfare and Institutions Code.

10(2) Notwithstanding whether a community crisis home is licensed
11for more than six consumers, subdivisions (a) and (b) of Section
121524.5 shall apply.

13(b) A certificate of program approval issued by the State
14Department of Developmental Services, pursuant to Article 8
15(commencing with Section 4698) of Chapter 6 of Division 4.5 of
16the Welfare and Institutions Code, shall be a condition of licensure
17for the community crisis home by the State Department of Social
18Services.

19(c) A community crisis home shall not be licensed by the State
20Department of Social Services until the certificate of program
21approval, issued by the State Department of Developmental
22Services, has been received.

23(d) The State Department of Social Services shall not be
24responsible for any of the following:

25(1) Developing and approving a consumer’s individual behavior
26support plan in conjunction with the consumer’s individual
27behavior support team.

28(2) Oversight of any services that may be provided by a licensed
29health or licensed mental health professional to a consumer.
30“Services provided by a licensed health or licensed mental health
31 professional” means services that may only be provided under the
32authority of the licensed health or licensed mental health service
33provider’s professional license.

34(e) Subdivision (d) does not limit the State Department of Social
35Services’ ability to enforce this chapter and applicable regulations.

36

begin insert1567.82.end insert  

The State Department of Social Services’ regulations
37shall address at least both of the following:

38(a) Staffing structure, staff qualifications, and training.

39(b) Training requirements shall include a minimum of 16 hours
40of emergency intervention training. “Emergency intervention
P25   1training” shall include the techniques the licensee will use to
2prevent injury and maintain safety regarding consumers who are
3a danger to self or others and shall emphasize positive behavioral
4supports and techniques that are alternatives to physical restraints.

5

begin insert1567.83.end insert  

(a) When the State Department of Social Services
6determines that urgent action is necessary to protect consumers
7residing in a community crisis home from physical or mental abuse,
8abandonment, or any other substantial threat to their health and
9safety, the State Department of Social Services shall notify the
10State Department of Developmental Services. The State Department
11of Developmental Services may request that the regional center
12or centers take action within 24 hours, which may include, as
13appropriate, the removal of a consumer from the community crisis
14home or obtaining alternative or additional services. When
15possible, an individual program plan (IPP) meeting shall be
16convened to determine the appropriate action pursuant to this
17section. In any case, an IPP meeting shall be convened within 30
18 days following an action pursuant to this section.

19(b) Nothing in this article shall interfere with the authority of
20the State Department of Social Services to temporarily suspend
21or revoke the license of a community crisis home pursuant to
22Section 1550.

23

begin insert1567.84.end insert  

The licensee shall submit the facility program plan
24approved by the State Department of Developmental Services,
25pursuant to Section 4698 of the Welfare and Institutions Code, to
26the State Department of Social Services as part of the facility plan
27of operation. The plan of operation shall be approved by the State
28Department of Social Services prior to licensure.

29

begin insert1567.85.end insert  

If applicable, a community crisis home shall be in
30compliance with Section 1531.15 and the applicable regulations.

31

begin insert1567.86.end insert  

(a) The State Department of Social Services shall
32revoke the community crisis home’s facility license if the State
33Department of Developmental Services has rescinded a community
34crisis home’s certificate of program approval.

35(b) The State Department of Developmental Services and
36regional centers shall provide the State Department of Social
37Services all available documentation and evidentiary support
38necessary for the licensing and administration of community crisis
39homes and enforcement of this article and the applicable
40regulations.

P26   1

begin insert1567.87.end insert  

(a) A license shall not be issued pursuant to this
2article until the publication in Title 17 of the California Code of
3Regulations of emergency regulations filed by the State Department
4of Developmental Services pursuant to Section 4698.1 of the
5Welfare and Institutions Code.

6(b) Emergency regulations to implement this article may be
7adopted by the Director of Social Services in accordance with the
8Administrative Procedure Act (Chapter 3.5 (commencing with
9Section 11340) of Part 1 of Division 3 of Title 2 of the Government
10Code). These emergency regulations shall be developed in
11consultation with system stakeholders. The initial adoption of the
12emergency regulations and one readoption of the initial regulations
13shall be deemed to be an emergency and necessary for the
14immediate preservation of the public peace, health and safety, or
15general welfare. Initial emergency regulations and the first
16readoption of those emergency regulations shall be exempt from
17review by the Office of Administrative Law. The emergency
18regulations authorized by this section shall be submitted to the
19Office of Administrative Law for filing with the Secretary of State
20and shall remain in effect for no more than 180 days.

21(c) The adoption, amendment, repeal, or readoption of a
22regulation authorized by this section is deemed to be an emergency
23and necessary for the immediate preservation of the public peace,
24health and safety, or general welfare for purposes of Sections
2511346.1 and 11349.6 of the Government Code, and the State
26Department of Social Services is hereby exempted from the
27requirement that it describe specific facts showing the need for
28immediate action. A certificate of compliance for these
29 implementing regulations shall be filed within 24 months following
30the adoption of the first emergency regulations filed pursuant to
31this section. The emergency regulations may be readopted and
32remain in effect until approval of the certificate of compliance.

end insert
33begin insert

begin insertSEC. 8.end insert  

end insert

begin insertSection 4418.25 of the end insertbegin insertWelfare and Institutions Codeend insert
34begin insert is amended to read:end insert

35

4418.25.  

(a) The department shall establish policies and
36procedures for the development of an annual community placement
37plan by regional centers. The community placement plan shall be
38based upon an individual program plan process as referred to in
39subdivision (a) of Section 4418.3 and shall be linked to the
40development of the annual state budget. The department’s policies
P27   1shall address statewide priorities, plan requirements, and the
2statutory roles of regional centers, developmental centers, and
3regional resource development projects in the process of assessing
4consumers for community living and in the development of
5community resources.

6(b) (1) To reduce reliance on developmental centers and mental
7health facilities, including institutions for mental disease as
8described in Part 5 (commencing with Section 5900) of Division
95, for which federal funding is not available, and out-of-state
10placements, the department shall establish a statewide specialized
11resource service that does all of the following:

12(A) Tracks the availability of specialty residential beds and
13services.

14(B) Tracks the availability of specialty clinical services.

15(C) Coordinates the need for specialty services and supports in
16conjunction with regional centers.

17(D) Identifies, subject to federal reimbursement, developmental
18center services and supports that can be made available to
19consumers residing in the community, when no other community
20resource has been identified.

21(2) By September 1, 2012, regional centers shall provide the
22department with information about all specialty resources
23developed with the use of community placement plan funds and
24shall make these resources available to other regional centers.

25(3) When allocating funding for community placement plans,
26priority shall be given to the development of needed statewide
27specialty services and supports, including regional community
28crisis homes.

29(4) If approved by the director, funding may be allocated to
30facilities that meet the criteria of Sections 1267.75 and 1531.15
31of the Health and Safety Code.

32(5) The department shall not provide community placement
33plan funds to develop programs that are ineligible for federal
34funding participation unless approved by the director.

35(c) (1) The community placement plan shall provide for
36dedicated funding for comprehensive assessments of developmental
37center residents, for identified costs of moving individuals from
38developmental centers to the community, and for deflection of
39individuals from developmental center admission. The plans shall,
40where appropriate, include budget requests for regional center
P28   1operations, assessments, resource development, and ongoing
2placement costs. These budget requests are intended to provide
3supplemental funding to regional centers. The plan is not intended
4to limit the department’s or regional centers’ responsibility to
5otherwise conduct assessments and individualized program
6planning, and to provide needed services and supports in the least
7restrictive, most integrated setting in accord with the Lanterman
8Developmental Disabilities Services Act (Division 4.5
9(commencing with Section 4500)).

10(2) (A) Regional centers shall complete a comprehensive
11assessment of any consumer residing in a developmental center
12on July 1, 2012, who meets both of the following criteria:

13(i) The consumer is not committed pursuant to Section 1370.1
14of the Penal Code.

15(ii) The consumer has not had such an assessment in the prior
16two years.

17(B) The assessment shall include input from the regional center,
18the consumer, and, when appropriate, the consumer’s family, legal
19guardian, conservator, or authorized representative, and shall
20identify the types of community-based services and supports
21available to the consumer that would enable the consumer to move
22to a community setting. Necessary services and supports not
23currently available in the community setting shall be considered
24for development pursuant to community placement planning and
25funding.

26(C) Regional centers shall specify in the annual community
27placement plan how they will complete the required assessment
28and the timeframe for completing the assessment for each
29 consumer. Initial assessments pursuant to this paragraph for
30individuals residing in a developmental center on July 1, 2012,
31shall be completed by December 31, 2015, unless a regional center
32demonstrates to the department that an extension of time is
33necessary and the department grants such an extension.

34(D) The assessment completed in the prior two years, or the
35assessment completed pursuant to the requirements of thisbegin delete section
36shall be provided to the individual program planning team in order
37to assist the planning team in determining the least restrictive
38environment for the consumer. These assessments shall be updated
39annually as part of the individual program planning process for as
40long as the consumer resides in the developmental center. To the
P29   1extent appropriate, the regional center shall also provide relevant
2information from the statewide specialized resource service. For
3each individual program plan meeting that includes discussion of
4the results of the assessment, the clients’ rights advocate for the
5regional center shall be notified of the meeting and may participate
6in the meeting unless the consumer objects on his or her own
7behalf.end delete
begin insert section, including any updates pursuant to subparagraph
8(E), shall be provided to both of the following:end insert

begin insert

9(i) The individual program planning team and clients’ rights
10advocate for the regional center in order to assist the planning
11team in determining the least restrictive environment for the
12consumer.

end insert
begin insert

13(ii) The superior court with jurisdiction over the consumer’s
14placement at the developmental center, including the consumer’s
15attorney of record and other parties known to the regional center.
16For judicial proceedings pursuant to Article 2 (commencing with
17Section 6500) of Chapter 2 of Part 2 of Division 6, the
18comprehensive assessment shall be included in the regional
19center’s written report required by Section 6504.5. For all other
20proceedings, the regional center shall provide the comprehensive
21assessment to the court and parties to the case at least 14 days in
22advance of any regularly scheduled judicial review. This clause
23shall not apply to consumers committed pursuant to Section 1370.1
24of the Penal Code.

end insert
begin insert

25(E) The assessments described in subparagraph (D) shall be
26updated annually as part of the individual program planning
27process for as long as the consumer resides in the developmental
28center. To the extent appropriate, the regional center shall also
29provide relevant information from the statewide specialized
30resource service. The regional center shall notify the clients’ rights
31advocate for the regional center of the time, date, and location of
32each individual program plan meeting that includes discussion of
33the results of the comprehensive assessment and updates to that
34assessment. The regional center shall provide this notice as soon
35as practicable following the completion of the comprehensive
36assessment or update and not less than 30 calendar days prior to
37the meeting. The clients’ rights advocate may participate in the
38meeting unless the consumer objects on his or her own behalf.

end insert

39(d) The department shall review, negotiate, and approve regional
40center community placement plans for feasibility and
P30   1reasonableness, including recognition of each regional centers’
2current developmental center population and their corresponding
3placement level, as well as each regional centers’ need to develop
4new and innovative service models. The department shall hold
5regional centers accountable for the development and
6implementation of their approved plans. The regional centers shall
7report, as required by the department, on the outcomes of their
8plans. The department shall make aggregate performance data for
9each regional center available, upon request, as well as data on
10admissions to, and placements from, each developmental center.

11(e) Funds allocated by the department to a regional center for
12a community placement plan developed under this section shall
13be controlled through the regional center contract to ensure that
14the funds are expended for the purposes allocated. Funds allocated
15for community placement plans that are not used for that purpose
16may be transferred to Item 4300-003-0001 for expenditure in the
17state developmental centers if their population exceeds the
18budgeted level. Any unspent funds shall revert to the General Fund.

19(f) Commencing May 1, 2013, and then on April 1, 2014, and
20on April 1 annually thereafter, the department shall provide to the
21fiscal and appropriate policy committees of the Legislature
22information on efforts to serve consumers with challenging service
23needs, including, but not limited to, all of the following:

24(1) For each regional center, the number of consumers admitted
25to each developmental center, including the legal basis for the
26admissions.

27(2) For each regional center, the number of consumers described
28in paragraph (2) of subdivision (a) of Section 7505 who were
29admitted to Fairview Developmental Center by court order pursuant
30to Article 2 (commencing with Section 6500) of Chapter 2 of Part
312 of Division 6, and the number and lengths of stay of consumers,
32including those who have transitioned back to a community living
33arrangement.

34(3) Outcome data related to the assessment process set forth in
35Section 4418.7, including the number of consumers who received
36assessments pursuant to Section 4418.7 and the outcomes of the
37assessments. Each regional center, commencing March 1, 2013,
38and then on February 1, 2014, and on February 1 annually
39thereafter, shall provide the department with information on
40alternative community services and supports provided to those
P31   1consumers who were able to remain in the community following
2the assessments, and the unmet service needs that resulted in any
3consumers being admitted to Fairview Developmental Center.

4(4) Progress in the development of needed statewide specialty
5services and supports, including regional community crisis options,
6as provided in paragraph (3) of subdivision (b). Each regional
7center shall provide the department with a report containing the
8information described in this paragraph commencing March 1,
92013, and then on February 1, 2014, and on February 1 annually
10thereafter.

11(5) Progress in reducing reliance on mental health facilities
12ineligible for federal Medicaid funding, and out-of-state
13placements.

14(6) Information on the utilization of facilities serving consumers
15with challenging service needs that utilize delayed egress devices
16and secured perimeters, pursuant to Section 1267.75 or 1531.15
17of the Health and Safety Code, including the number of admissions,
18reasons for admissions, and lengths of stay of consumers, including
19those who have transitioned to less restrictive living arrangements.

20(7) If applicable, any recommendations regarding additional
21rate exceptions or modifications beyond those allowed for under
22existing law that the department identifies as necessary to meet
23the needs of consumers with challenging service needs.

24(g) Each regional center, commencing March 1, 2013, and then
25on February 1, 2014, and on February 1 annually thereafter, shall
26provide information to the department regarding the facilities
27described in paragraph (6) of subdivision (f), including, but not
28limited to, the number of admissions, reasons for admissions, and
29lengths of stay of consumers, including those who have transitioned
30to less restrictive living arrangements.

31begin insert

begin insertSEC. 9.end insert  

end insert

begin insertSection 4418.7 of the end insertbegin insertWelfare and Institutions Codeend insert
32begin insert is amended to read:end insert

33

4418.7.  

(a) begin insert(1)end insertbegin insertend insert If the regional center determines, or is
34informed by the consumer’s parents, legal guardian, conservator,
35or authorized representative that the community placement of a
36consumer is at risk of failing, and that admittance to a state
37developmental center is a likelihood, or the regional center is
38notified by a court of a potential admission to a developmental
39center consistent with Section 7505, the regional center shall
40immediately notify the appropriate regional resource development
P32   1project, the consumer,begin delete andend delete the consumer’s parents, legal guardian,
2or conservatorbegin insert, and the regional center clientsend insertbegin insert’ rights advocateend insert.

begin insert

3(2) For purposes of this section, notification to the clients’ rights
4advocate for the consumer’s regional center shall include a copy
5of the most recent comprehensive assessment or updated
6assessment, and the time, date, and location of an individual
7program plan meeting held pursuant to subdivision (b). The
8regional center shall provide this notice as soon as practicable
9but not less than 7 calendar days prior to the meeting.

end insert

10(b) In these cases, the regional resource development project
11shall immediately arrange for an assessment of the situation,
12including, visiting the consumer, if appropriate, determining
13barriers to successful integration, and recommending the most
14appropriate means necessary to assist the consumer to remain in
15the community. The regional center shall request assistance from
16the statewide specialized resource service pursuant to Section
174418.25 as necessary in order to determine the most appropriate
18means necessary to assist the consumer to remain in the community
19and shall provide the information obtained from the statewide
20specialized resource service to the regional resource developmental
21project. If, based on the assessment, the regional resource
22development project determines that additional or different services
23and supports are necessary, the department shall ensure that the
24regional center provides those services and supports on an
25emergency basis. An individual program plan meeting, including
26the regional resource development project’s representative, shall
27be convened as soon as possible to review the emergency services
28and supports and determine the consumer’s ongoing needs for
29services and supports. The regional resource development project
30shall follow up with the regional center as to the success of the
31recommended interventions until the consumer’s living
32arrangement is stable.

33(c) (1) If the regional resource development project determines,
34based on the assessment conducted pursuant to subdivision (b),
35that the consumer referred to the regional resource development
36project by the court cannot be safely served in the developmental
37center, the department shall notify the court in writing.

38(2) (A) If the regional resource development project, in
39consultation with the regional center, the consumer, and the
40 consumer’s parents, legal guardian, or conservator, when
P33   1appropriate, determines that admittance to a state developmental
2center is necessary due to an acute crisis, as defined in paragraph
3(1) of subdivision (d), the regional center shall immediately pursue
4the obtainment of a court order for short-term admission and crisis
5stabilization.

6(B) (i) The regional resource development project, in
7consultation with the regional center, the consumer, and, when
8appropriate, the consumer’s parents, legal guardian, conservator,
9or authorized representative, shall not make a determination that
10admittance to a state developmental center is necessary due to an
11acute crisis as defined in paragraph (1) of subdivision (d) unless
12the determination includes a regional center report detailing all
13considered community-based services and supportsbegin insert, including a
14 community crisis home certified pursuant to Article 8 (commencing
15with Section 4698) of Chapter 6 of Division 4.5,end insert
and an explanation
16of why those options could not meet the consumer’s needs at the
17time of such a determination.

18(ii) For purposes of complying with clause (i), the regional
19center shall not be required to consider out-of-state placements or
20mental health facilities, including institutions for mental disease,
21as described in Part 5 (commencing with Section 5900) of Division
225, that are ineligible for federal Medicaid funding.

23(d) (1) For purposes of this section, an “acute crisis” means a
24situation in which the consumer meets the criteria of Section 6500
25and, as a result of the consumer’s behavior, all of the following
26are met:

27(A) There is imminent risk for substantial harm to self or others.

28(B) The service and support needs of the consumer cannot be
29met in the community, including with supplemental services as
30set forth in subparagraph (E) of paragraph (9) of subdivision (a)
31of Section 4648 and emergency and crisis intervention services as
32set forth in paragraph (10) of subdivision (a) of Section 4648.

33(C) Due to serious and potentially life-threatening conditions,
34the consumer requires a more restrictive environment for crisis
35stabilization.

36(2) For purposes of paragraph (1), out-of-state placements or
37mental health facilities and other facilities, including institutions
38for mental disease, as described in Part 5 (commencing with
39Section 5900) of Division 5, for which federal Medicaid funding
P34   1is not available, shall not be deemed to be supplemental services
2or emergency and crisis intervention services.

3(e) When an admission occurs due to an acute crisis, all of the
4following shall apply:

5(1) As soon as possible following admission to a developmental
6center, a comprehensive assessment shall be completed by the
7regional center in coordination with the developmental center. The
8comprehensive assessment shall include the identification of the
9services and supports needed for crisis stabilization and the timeline
10for identifying or developing the services and supports needed to
11transition the consumer back to the community. The regional center
12shall immediately submit a copy of the comprehensive assessment
13to the committing court. Immediately following the assessment,
14and not later than 30 days following admission, the regional center
15and the developmental center shall jointly convene an individual
16program plan meeting to determine the services and supports
17needed for crisis stabilization and to develop a plan to transition
18the consumer into community living pursuant to Section 4418.3.
19The clients’ rights advocate for the regional center shall be notified
20of the admission and the individual program plan meeting and may
21participate in the individual program plan meeting unless the
22consumer objects on his or her own behalf.

23(2) If transition is not expected within 90 days of admission, an
24individual program plan meeting shall be held to discuss the status
25of transition and to determine if the consumer is still in need of
26crisis stabilization. If crisis services continue to be necessary, the
27regional center shall submit to the department an updated transition
28plan and a request for an extension of stay at the developmental
29center of up to 90 days.

30(3) (A) A consumer shall reside in the developmental center
31no longer than six months before being placed into a community
32living arrangement pursuant to Section 4418.3, unless, prior to the
33end of the six months, all of the following have occurred:

34(i) The regional center has conducted an additional
35comprehensive assessment based on information provided by the
36regional center, and the department determines that the consumer
37continues to be in an acute crisis.

38(ii) The individual program planning team has developed a plan
39that identifies the specific services and supports necessary to
P35   1transition the consumer into the community, and the plan includes
2a timeline to obtain or develop those services and supports.

3(iii) The committing court has reviewed and, if appropriate,
4extended the commitment.

5(B) The clients’ rights advocate for the regional center shall be
6notified of the proposed extension pursuant to clause (iii) of
7subparagraph (A) and the individual program plan meeting to
8consider the extension, and may participate in the individual
9program plan meeting unless the consumer objects on his or her
10own behalf.

11(C) (i) In no event shall a consumer’s placement at the
12developmental center exceed one year unless both of the following
13occur:

14(I) The regional center demonstrates significant progress toward
15implementing the plan specified in clause (ii) of subparagraph (A)
16identifying the specific services and supports necessary to transition
17the consumer into the community.

18(II) Extraordinary circumstances exist beyond the regional
19center’s control that have prevented the regional center from
20obtaining those services and supports within the timeline based
21on the plan.

22(ii) If both of the circumstances described in subclauses (I) and
23(II) exist, the regional center may request, and the committing
24court may grant, an additional extension of the commitment, not
25to exceed 30 days.

26(D) Consumers placed in the community after admission to a
27developmental center pursuant to this section shall be considered
28to have moved from a developmental center for purposes of Section
294640.6.

30(f) The department shall collect data on the outcomes of efforts
31to assist at-risk consumers to remain in the community. The
32department shall make aggregate data on the implementation of
33the requirements of this section available, upon request.

34(g) begin insert(1)end insertbegin insertend insert Notwithstanding any other law or regulation,
35commencing July 1, 2012,begin insert and until December 31, 2014,end insert Fairview
36Developmental Center shall be the only developmental center
37authorized to admit a consumer pursuant to a court order for an
38acute crisis as described in this section.

begin insert

39(2) Commencing January 1, 2015, admissions to a
40developmental center pursuant to a court order for an acute crisis
P36   1as described in this section shall be limited to the acute crisis
2center at the Fairview Developmental Center and the acute crisis
3center at the Sonoma Developmental Center.

end insert
begin insert

4(h) The acute crisis center at the Fairview Developmental Center
5and the acute crisis center at the Sonoma Developmental Center
6shall each consist of one unit that is distinct from other residential
7units at the developmental center and shall each serve no more
8than five consumers. Crisis center residents may participate in
9day, work, and recreation programs, and other developmental
10center facility activities, outside of the acute crisis unit, when the
11individual program plan identifies it is appropriate and consistent
12with the individual’s treatment plan. The acute crisis centers shall
13assist the consumer with transitioning back to his or her prior
14residence, or an alternative community-based residential setting,
15within the timeframe described in this section.

end insert
16begin insert

begin insertSEC. 10.end insert  

end insert

begin insertSection 4436 is added to the end insertbegin insertWelfare and Institutions
17Code
end insert
begin insert, to read:end insert

begin insert
18

begin insert4436.end insert  

(a) In order to provide the information necessary to
19assess the impact of implementing the recommendations of the
20report submitted by the California Health and Human Services
21Agency, pursuant to Section 14 of Chapter 25 of the Statutes of
222013, the State Department of Developmental Services shall
23evaluate enhanced behavioral supports homes, established
24pursuant to Article 3.6 (commencing with Section 4684.80) of
25Chapter 6 of Division 4.5, community crisis homes, established
26pursuant to Article 8 (commencing with Section 4698) of Chapter
276 of Division 4.5, and the acute crisis centers at the Fairview
28Developmental Center and the Sonoma Developmental Center, as
29described in subdivision (h) of Section 4418.7.

30(b) The evaluation for enhanced behavioral supports homes
31and community crisis homes shall include information, by regional
32center catchment area, regarding the number of homes approved,
33the number of homes opened, the number of beds, the number of
34placements in a home from outside the regional center catchment
35area, comparative summary information regarding the
36characteristics of the persons served in these homes, immediate
37past residential settings, vacancy rates, and the established fixed
38facility rates and individual rates.

39(c) The evaluation for community crisis homes and the acute
40crisis centers at the Fairview Developmental Center and the
P37   1Sonoma Developmental Center shall include comparative
2information regarding characteristics of the persons served,
3immediate past residential settings, staffing requirements, the
4average monthly occupancy, the average length of time to secure
5placement into the home or center, the average length of stay, the
6regional center of origin for placements, the number of placements
7from outside the regional center of origin, the number of
8individuals with multiple stays, the number of residents whose
9discharge was delayed due to the unavailability of a residential
10placement, and the per capita and total cost for each home or
11center.

12(d) The evaluation for enhanced behavioral supports homes
13shall also include the number of beds in the homes utilizing delayed
14egress devices in combination with secured perimeters, the extent
15to which the statewide limit established in regulation on the total
16number of beds permitted in homes with delayed egress devices
17in combination with secured perimeters is exceeded, the number
18of residents requiring out-of-home crisis intervention services, the
19nature of the services provided, and the ability of residents to
20return to the same home after temporary placement in another
21facility.

22(e) (1) Notwithstanding Section 10231.5 of the Government
23Code, the department shall provide the evaluations of enhanced
24behavioral supports homes and community crisis homes to the
25budget committees and appropriate policy committees of the
26Legislature annually, commencing on January 10 of the year after
27the first enhanced behavioral supports home or community crisis
28home is opened and services have commenced.

29(2) Notwithstanding Section 10231.5 of the Government Code,
30the department shall provide the evaluations for the acute crisis
31centers at the following facilities to the budget committees and
32appropriate policy committees of the Legislature annually:

33(A) The Fairview Developmental Center, commencing on
34January 10, 2015.

35(B) The Sonoma Developmental Center, commencing on January
36 10, 2016.

end insert
37begin insert

begin insertSEC. 11.end insert  

end insert

begin insertSection 4474.2 of the end insertbegin insertWelfare and Institutions Codeend insert
38begin insert is amended to read:end insert

39

4474.2.  

(a) Notwithstanding anybegin delete law to the contrary,end deletebegin insert other
40law,end insert
the department may operate any facility, provide its employees
P38   1to assist in the operation of any facility, or provide other necessary
2services and supports if, in the discretion of the department, it
3determines that the activity will assist in meeting the goal ofbegin delete the
4orderly closures of Agnews Developmental Center and Lanterman
5Developmental Centerend delete
begin insert successfully transitioning developmental
6center residents to community living or deflecting the admission
7of individuals with developmental disabilities to a developmental
8center, an institution for mental disease, an out-of-state placement,
9a general acute care hospital, or an acute psychiatric hospitalend insert
.
10The department may contract with any entity for the use of the
11department’s employees to provide servicesbegin insert and supportsend insert in
12furtherance ofbegin delete the orderly closures of Agnews Developmental
13Center and Lanterman Developmental Centerend delete
begin insert this goalend insert.

14(b) The department shall prepare a report on the use of the
15department’s employees in providing services in the community
16begin delete to assist in the orderly closures of Agnews Developmental Center
17and Lanterman Developmental Centerend delete
begin insert pursuant to this sectionend insert.
18The report shall include data on the number and classification of
19state employees working in the community program. Thebegin insert report
20shall include recommendations on whether the program should
21be continued or ways in which the program may be improved.
22Notwithstanding Section 10231.5 of the Government Code, theend insert

23 report shall be submitted with the Governor’s proposed budget for
24thebegin delete 2012-13end deletebegin insert 2015-16end insert fiscal year to the fiscal committees of both
25houses of the Legislature and annually thereafter.

26begin insert

begin insertSEC. 12.end insert  

end insert

begin insertSection 4474.3 of the end insertbegin insertWelfare and Institutions Codeend insert
27begin insert is amended to read:end insert

28

4474.3.  

The provisions of Section 10411 of the Public Contract
29Code shall not apply to any person whobegin delete, in connection with the
30closures of Agnews Developmental Center or Lanterman
31Developmental Center,end delete
provides developmental servicesbegin insert and
32supports to individuals transitioning from a developmental center
33to community living or to individuals with developmental
34disabilities at risk of admission to a developmental center, an
35institution for mental disease, an out-of-state placement, a general
36acute care hospital, or an acute psychiatric hospital, pursuant to
37Section 4474.2end insert
.

38begin insert

begin insertSEC. 13.end insert  

end insert

begin insertSection 4514 of the end insertbegin insertWelfare and Institutions Codeend insertbegin insert is
39amended to read:end insert

P39   1

4514.  

All information and records obtained in the course of
2providing intake, assessment, and services under Division 4.1
3(commencing with Section 4400), Division 4.5 (commencing with
4Section 4500), Division 6 (commencing with Section 6000), or
5Division 7 (commencing with Section 7100) to persons with
6developmental disabilities shall be confidential. Information and
7records obtained in the course of providing similar services to
8either voluntary or involuntary recipients prior to 1969 shall also
9be confidential. Information and records shall be disclosed only
10in any of the following cases:

11(a) In communications between qualified professional persons,
12whether employed by a regional center or state developmental
13center, or not, in the provision of intake, assessment, and services
14or appropriate referrals. The consent of the person with a
15developmental disability, or his or her guardian or conservator,
16shall be obtained before information or records may be disclosed
17by regional center or state developmental center personnel to a
18professional not employed by the regional center or state
19developmental center, or a program not vendored by a regional
20center or state developmental center.

21(b) When the person with a developmental disability, who has
22the capacity to give informed consent, designates individuals to
23whom information or records may be released, except thatbegin delete nothing
24inend delete
this chapter shallbegin insert notend insert be construed to compel a physician and
25surgeon, psychologist, social worker, marriage and family therapist,
26professional clinical counselor, nurse, attorney, or other
27professional to reveal information that has been given to him or
28her in confidence by a family member of the person unless a valid
29release has been executed by that family member.

30(c) To the extent necessary for a claim, or for a claim or
31application to be made on behalf of a person with a developmental
32disability for aid, insurance, government benefit, or medical
33assistance to which he or she may be entitled.

34(d) If the person with a developmental disability is a minor,
35dependent ward, or conservatee, and his or her parent, guardian,
36conservator, limited conservator with access to confidential records,
37or authorized representative, designates, in writing, persons to
38whom records or information may be disclosed, except thatbegin delete nothing
39inend delete
this chapter shallbegin insert notend insert be construed to compel a physician and
40surgeon, psychologist, social worker, marriage and family therapist,
P40   1professional clinical counselor, nurse, attorney, or other
2professional to reveal information that has been given to him or
3her in confidence by a family member of the person unless a valid
4release has been executed by that family member.

5(e) For research,begin delete provided thatend deletebegin insert ifend insert the Director of Developmental
6Services designates by regulation rules for the conduct of research
7and requires the research to be first reviewed by the appropriate
8institutional review board or boards. These rules shall include, but
9need not be limited to, the requirement that all researchers shall
10sign an oath of confidentiality as follows:


11

 

   

Date

P40  1430P40  33

 

15As a condition of doing research concerning persons with
16developmental disabilities who have received services from ____
17(fill in the facility, agency or person), I, ____, agree to obtain the
18prior informed consent of persons who have received services to
19the maximum degree possible as determined by the appropriate
20institutional review board or boards for protection of human
21subjects reviewing my research, or the person’s parent, guardian,
22or conservator, and I further agree not to divulge any information
23obtained in the course of the research to unauthorized persons, and
24not to publish or otherwise make public any information regarding
25persons who have received services so those persons who received
26services are identifiable.

27I recognize that the unauthorized release of confidential
28information may make me subject to a civil action under provisions
29of the Welfare and Institutions Code.

 

   

Signed

P40  33

 

34(f) To the courts, as necessary to the administration of justice.

35(g) To governmental law enforcement agencies as needed for
36the protection of federal and state elective constitutional officers
37and their families.

38(h) To the Senate Committee on Rules or the Assembly
39Committee on Rules for the purposes of legislative investigation
40authorized by the committee.

P41   1(i) To the courts and designated parties as part of a regional
2center report or assessment in compliance with a statutory or
3regulatory requirement, including, but not limited to, Section
41827.5 of the Probate Code, Sections 1001.22 and 1370.1 of the
5Penal Code, and Section 6502 of the Welfare and Institutions Code.

6(j) To the attorney for the person with a developmental disability
7in any and all proceedings upon presentation of a release of
8information signed by the person, except that when the person
9lacks the capacity to give informed consent, the regional center or
10state developmental center director or designee, upon satisfying
11himself or herself of the identity of the attorney, and of the fact
12that the attorney represents the person, shall release all information
13and records relating to the person except thatbegin delete nothing inend delete this article
14shallbegin insert notend insert be construed to compel a physician and surgeon,
15psychologist, social worker, marriage and family therapist,
16professional clinical counselor, nurse, attorney, or other
17professional to reveal information that has been given to him or
18her in confidence by a family member of the person unless a valid
19release has been executed by that family member.

20(k) Upon written consent by a person with a developmental
21disability previously or presently receiving services from a regional
22center or state developmental center, the director of the regional
23center or state developmental center, or his or her designee, may
24release any information, except information that has been given
25in confidence by members of the family of the person with
26developmental disabilities, requested by a probation officer charged
27with the evaluation of the person after his or her conviction of a
28crime if the regional center or state developmental center director
29or designee determines that the information is relevant to the
30evaluation. The consent shall only be operative until sentence is
31passed on the crime of which the person was convicted. The
32confidential information released pursuant to this subdivision shall
33be transmitted to the court separately from the probation report
34and shall not be placed in the probation report. The confidential
35information shall remain confidential except for purposes of
36sentencing. After sentencing, the confidential information shall be
37sealed.

38(l) Between persons who are trained and qualified to serve on
39“multidisciplinary personnel” teams pursuant to subdivision (d)
40of Section 18951. The information and records sought to be
P42   1disclosed shall be relevant to the prevention, identification,
2management, or treatment of an abused child and his or her parents
3pursuant to Chapter 11 (commencing with Section 18950) of Part
46 of Division 9.

5(m) When a person with a developmental disability dies from
6any cause, natural or otherwise, while hospitalized in a state
7developmental center, the State Department of Developmental
8Services, the physician and surgeon in charge of the client, or the
9professional in charge of the facility or his or her designee, shall
10release information and records to the coroner. The State
11Department of Developmental Services, the physician and surgeon
12in charge of the client, or the professional in charge of the facility
13or his or her designee, shall not release any notes, summaries,
14transcripts, tapes, or records of conversations between the resident
15and health professional personnel of the hospital relating to the
16personal life of the resident that is not related to the diagnosis and
17treatment of the resident’s physical condition. Any information
18released to the coroner pursuant to this section shall remain
19confidential and shall be sealed and shall not be made part of the
20public record.

21(n) To authorized licensing personnel who are employed by, or
22who are authorized representatives of, the State Department of
23Public Health, and who are licensed or registered health
24professionals, and to authorized legal staff or special investigators
25who are peace officers who are employed by, or who are authorized
26representatives of, the State Department of Social Services, as
27necessary to the performance of their duties to inspect, license,
28and investigate health facilities and community care facilities, and
29to ensure that the standards of care and services provided in these
30facilities are adequate and appropriate and to ascertain compliance
31with the rules and regulations to which the facility is subject. The
32confidential information shall remain confidential except for
33purposes of inspection, licensing, or investigation pursuant to
34Chapter 2 (commencing with Section 1250) and Chapter 3
35(commencing with Section 1500) of Division 2 of the Health and
36Safety Code, or a criminal, civil, or administrative proceeding in
37relation thereto. The confidential information may be used by the
38State Department of Public Health or the State Department of
39Social Services in a criminal, civil, or administrative proceeding.
40The confidential information shall be available only to the judge
P43   1or hearing officer and to the parties to the case. Namesbegin delete whichend deletebegin insert thatend insert
2 are confidential shall be listed in attachments separate to the general
3pleadings. The confidential information shall be sealed after the
4conclusion of the criminal, civil, or administrative hearings, and
5shall not subsequently be released except in accordance with this
6subdivision. If the confidential information does not result in a
7criminal, civil, or administrative proceeding, it shall be sealed after
8the State Department of Public Health or the State Department of
9Social Services decides that no further action will be taken in the
10matter of suspected licensing violations. Except as otherwise
11provided in this subdivision, confidential information in the
12possession of the State Department of Public Health or the State
13Department of Social Services shall not contain the name of the
14person with a developmental disability.

15(o) To any boardbegin delete whichend deletebegin insert thatend insert licenses and certifies professionals
16in the fields of mental health and developmental disabilities
17pursuant to state law, when the Director of Developmental Services
18has reasonable cause to believe that there has occurred a violation
19of any provision of law subject to the jurisdiction of a board and
20the records are relevant to the violation. The information shall be
21sealed after a decision is reached in the matter of the suspected
22violation, and shall not subsequently be released except in
23accordance with this subdivision. Confidential information in the
24possession of the board shall not contain the name of the person
25with a developmental disability.

26(p) begin insert(1)end insertbegin insertend insertTo governmental law enforcement agencies by the
27director of a regional center or state developmental center, or his
28or her designee, when (1) the person with a developmental
29disability has been reported lost or missing or (2) there is probable
30cause to believe that a person with a developmental disability has
31committed, or has been the victim of, murder, manslaughter,
32mayhem, aggravated mayhem, kidnapping, robbery, carjacking,
33assault with the intent to commit a felony, arson, extortion, rape,
34forcible sodomy, forcible oral copulation, assault or battery, or
35unlawful possession of a weapon, as provided in any provision
36listed in Section 16590 of the Penal Code.

begin delete

37This

end delete

38begin insert(2)end insertbegin insertend insertbegin insertThisend insert subdivision shall be limited solely to information
39directly relating to the factual circumstances of the commission
40of the enumerated offenses and shall not include any information
P44   1relating to the mental state of the patient or the circumstances of
2his or her treatment unless relevant to the crime involved.

begin delete

3This

end delete

4begin insert(3)end insertbegin insertend insertbegin insertThisend insert subdivision shall not be construed as an exception to,
5or in any other way affecting, the provisions of Article 7
6(commencing with Section 1010) of Chapter 4 of Division 8 of
7the Evidence Code, or Chapter 11 (commencing with Section
815600) and Chapter 13 (commencing with Section 15750) of Part
93 of Division 9.

10(q) To the Division of Juvenile Facilities and Department of
11Corrections and Rehabilitation or any component thereof, as
12necessary to the administration of justice.

13(r) To an agency mandated to investigate a report of abuse filed
14pursuant to either Section 11164 of the Penal Code or Section
1515630 of the Welfare and Institutions Code for the purposes of
16either a mandated or voluntary report or when those agencies
17request information in the course of conducting their investigation.

18(s) When a person with developmental disabilities, or the parent,
19guardian, or conservator of a person with developmental disabilities
20who lacks capacity to consent, fails to grant or deny a request by
21a regional center or state developmental center to release
22information or records relating to the person with developmental
23disabilities within a reasonable period of time, the director of the
24regional or developmental center, or his or her designee, may
25release information or records on behalf of that person provided
26both of the following conditions are met:

27(1) Release of the information or records is deemed necessary
28to protect the person’s health, safety, or welfare.

29(2) The person, or the person’s parent, guardian, or conservator,
30has been advised annually in writing of the policy of the regional
31center or state developmental center for release of confidential
32client information or records when the person with developmental
33disabilities, or the person’s parent, guardian, or conservator, fails
34to respond to a request for release of the information or records
35within a reasonable period of time. A statement of policy contained
36in the client’s individual program plan shall be deemed to comply
37with the notice requirement of this paragraph.

38(t) (1) When an employee is served with a notice of adverse
39action, as defined in Section 19570 of the Government Code, the
40following information and records may be released:

P45   1(A) All information and records that the appointing authority
2relied upon in issuing the notice of adverse action.

3(B) All other information and records that are relevant to the
4adverse action, or that would constitute relevant evidence as
5defined in Section 210 of the Evidence Code.

6(C) The information described in subparagraphs (A) and (B)
7may be released only if both of the following conditions are met:

8(i) The appointing authority has provided written notice to the
9consumer and the consumer’s legal representative or, if the
10consumer has no legal representative or if the legal representative
11is a state agency, to the clients’ rights advocate, and the consumer,
12the consumer’s legal representative, or the clients’ rights advocate
13has not objected in writing to the appointing authority within five
14business days of receipt of the notice, or the appointing authority,
15upon review of the objection has determined that the circumstances
16on which the adverse action is based are egregious or threaten the
17health, safety, or life of the consumer or other consumers and
18without the information the adverse action could not be taken.

19(ii) The appointing authority, the person against whom the
20adverse action has been taken, and the person’s representative, if
21any, have entered into a stipulation that does all of the following:

22(I) Prohibits the parties from disclosing or using the information
23or records for any purpose other than the proceedings for which
24the information or records were requested or provided.

25(II) Requires the employee and the employee’s legal
26representative to return to the appointing authority all records
27provided to them under this subdivision, including, but not limited
28to, all records and documents or copies thereof that are no longer
29in the possession of the employee or the employee’s legal
30representative because they were from any source containing
31confidential information protected by this section, and all copies
32of those records and documents, within 10 days of the date that
33the adverse action becomes final except for the actual records and
34documents submitted to the administrative tribunal as a component
35of an appeal from the adverse action.

36(III) Requires the parties to submit the stipulation to the
37administrative tribunal with jurisdiction over the adverse action
38at the earliest possible opportunity.

39(2) For the purposes of this subdivision, the State Personnel
40Board may, prior to any appeal from adverse action being filed
P46   1with it, issue a protective order, upon application by the appointing
2authority, for the limited purpose of prohibiting the parties from
3disclosing or using information or records for any purpose other
4than the proceeding for which the information or records were
5requested or provided, and to require the employee or the
6employee’s legal representative to return to the appointing authority
7all records provided to them under this subdivision, including, but
8not limited to, all records and documents from any source
9containing confidential information protected by this section, and
10all copies of those records and documents, within 10 days of the
11date that the adverse action becomes final, except for the actual
12records and documents that are no longer in the possession of the
13employee or the employee’s legal representatives because they
14were submitted to the administrative tribunal as a component of
15an appeal from the adverse action.

16(3) Individual identifiers, including, but not limited to, names,
17social security numbers, and hospital numbers, that are not
18necessary for the prosecution or defense of the adverse action,
19shall not be disclosed.

20(4) All records, documents, or other materials containing
21confidential information protected by this section that have been
22submitted or otherwise disclosed to the administrative agency or
23other person as a component of an appeal from an adverse action
24shall, upon proper motion by the appointing authority to the
25administrative tribunal, be placed under administrative seal and
26shall not, thereafter, be subject to disclosure to any person or entity
27except upon the issuance of an order of a court of competent
28jurisdiction.

29(5) For purposes of this subdivision, an adverse action becomes
30final when the employee fails to answer within the time specified
31in Section 19575 of the Government Code, or, after filing an
32answer, withdraws the appeal, or, upon exhaustion of the
33administrative appeal or of the judicial review remedies as
34otherwise provided by law.

35(u) To the person appointed as the developmental services
36decisionmaker for a minor, dependent, or ward pursuant to Section
37319, 361, or 726.

38(v) To a protection and advocacy agency established pursuant
39to Section 4901, to the extent that the information is incorporated
40within any of the following:

P47   1(1) An unredacted facility evaluation report form or an
2unredacted complaint investigation report form of the State
3Department of Social Services. This information shall remain
4confidential and subject to the confidentiality requirements of
5subdivision (f) of Section 4903.

6(2) An unredacted citation report, unredacted licensing report,
7unredacted survey report, unredacted plan of correction, or
8unredacted statement of deficiency of the State Department of
9Public Health, prepared by authorized licensing personnel or
10authorized representatives described in subdivision (n). This
11information shall remain confidential and subject to the
12confidentiality requirements of subdivision (f) of Section 4903.

begin insert

13(w) When a comprehensive assessment is conducted or updated
14pursuant to Section 4418.25, 4418.7, or 4648, a regional center
15is authorized to provide the assessment to the regional center
16clients’ rights advocate, who provides service pursuant to Section
174433.

end insert
18begin insert

begin insertSEC. 14.end insert  

end insert

begin insertSection 4519.6 of the end insertbegin insertWelfare and Institutions Codeend insert
19begin insert is amended to read:end insert

20

4519.6.  

The department and the regional centers shall annually
21collaborate to determine the most appropriate methods to collect
22and compile meaningful data in a uniform manner, as specified in
23Section 4519.5, related to the payment ofbegin delete copayments and
24coinsuranceend delete
begin insert copayments, coinsurance, and deductiblesend insert by each
25regional center.

26begin insert

begin insertSEC. 15.end insert  

end insert

begin insertSection 4648 of the end insertbegin insertWelfare and Institutions Codeend insertbegin insert is
27amended to read:end insert

28

4648.  

In order to achieve the stated objectives of a consumer’s
29individual program plan, the regional center shall conduct activities,
30including, but not limited to, all of the following:

31(a) Securing needed services and supports.

32(1) It is the intent of the Legislature that services and supports
33assist individuals with developmental disabilities in achieving the
34greatest self-sufficiency possible and in exercising personal
35choices. The regional center shall secure services and supports
36that meet the needs of the consumer, as determined in the
37consumer’s individual program plan, and within the context of the
38individual program plan, the planning team shall give highest
39preference to those services and supports which would allow
40minors with developmental disabilities to live with their families,
P48   1adult persons with developmental disabilities to live as
2independently as possible in the community, and that allow all
3consumers to interact with persons without disabilities in positive,
4meaningful ways.

5(2) In implementing individual program plans, regional centers,
6through the planning team, shall first consider services and supports
7in natural community, home, work, and recreational settings.
8Services and supports shall be flexible and individually tailored
9to the consumer and, where appropriate, his or her family.

10(3) A regional center may, pursuant to vendorization or a
11contract, purchase services or supports for a consumer from any
12individual or agency which the regional center and consumer or,
13where appropriate, his or her parents, legal guardian, or
14conservator, or authorized representatives, determines will best
15accomplish all or any part of that consumer’s program plan.

16(A) Vendorization or contracting is the process for identification,
17selection, and utilization of service vendors or contractors, based
18on the qualifications and other requirements necessary in order to
19provide the service.

20(B) A regional center may reimburse an individual or agency
21for services or supports provided to a regional center consumer if
22the individual or agency has a rate of payment for vendored or
23contracted services established by the department, pursuant to this
24division, and is providing services pursuant to an emergency
25vendorization or has completed the vendorization procedures or
26has entered into a contract with the regional center and continues
27to comply with the vendorization or contracting requirements. The
28director shall adopt regulations governing the vendorization process
29to be utilized by the department, regional centers, vendors and the
30individual or agency requesting vendorization.

31(C) Regulations shall include, but not be limited to: the vendor
32application process, and the basis for accepting or denying an
33application; the qualification and requirements for each category
34of services that may be provided to a regional center consumer
35through a vendor; requirements for emergency vendorization;
36procedures for termination of vendorization; the procedure for an
37individual or an agency to appeal any vendorization decision made
38by the department or regional center.

39(D) A regional center may vendorize a licensed facility for
40exclusive services to persons with developmental disabilities at a
P49   1capacity equal to or less than the facility’s licensed capacity. A
2facility already licensed on January 1, 1999, shall continue to be
3vendorized at their full licensed capacity until the facility agrees
4to vendorization at a reduced capacity.

5(E) Effective July 1, 2009, notwithstanding any other provision
6of law or regulation to the contrary, a regional center shall not
7newly vendor a State Department of Social Services licensed
824-hour residential care facility with a licensed capacity of 16 or
9more beds, unless the facility qualifies for receipt of federal funds
10under the Medicaid Program.

11(4) Notwithstanding subparagraph (B) of paragraph (3), a
12regional center may contract or issue a voucher for services and
13supports provided to a consumer or family at a cost not to exceed
14the maximum rate of payment for that service or support
15established by the department. If a rate has not been established
16by the department, the regional center may, for an interim period,
17contract for a specified service or support with, and establish a
18rate of payment for, any provider of the service or support
19necessary to implement a consumer’s individual program plan.
20Contracts may be negotiated for a period of up to three years, with
21annual review and subject to the availability of funds.

22(5) In order to ensure the maximum flexibility and availability
23of appropriate services and supports for persons with
24developmental disabilities, the department shall establish and
25maintain an equitable system of payment to providers of services
26and supports identified as necessary to the implementation of a
27consumers’ individual program plan. The system of payment shall
28include provision for a rate to ensure that the provider can meet
29the special needs of consumers and provide quality services and
30supports in the least restrictive setting as required by law.

31(6) The regional center and the consumer, or where appropriate,
32his or her parents, legal guardian, conservator, or authorized
33representative, including those appointed pursuant to subdivision
34(d) of Section 4548, subdivision (b) of Section 4701.6, or
35subdivision (e) of Section 4705, shall, pursuant to the individual
36program plan, consider all of the following when selecting a
37provider of consumer services and supports:

38(A) A provider’s ability to deliver quality services or supports
39which can accomplish all or part of the consumer’s individual
40program plan.

P50   1(B) A provider’s success in achieving the objectives set forth
2in the individual program plan.

3(C) Where appropriate, the existence of licensing, accreditation,
4or professional certification.

5(D) The cost of providing services or supports of comparable
6quality by different providers, if available, shall be reviewed, and
7the least costly available provider of comparable service, including
8the cost of transportation, who is able to accomplish all or part of
9the consumer’s individual program plan, consistent with the
10particular needs of the consumer and family as identified in the
11individual program plan, shall be selected. In determining the least
12costly provider, the availability of federal financial participation
13shall be considered. The consumer shall not be required to use the
14least costly provider if it will result in the consumer moving from
15an existing provider of services or supports to more restrictive or
16less integrated services or supports.

17(E) The consumer’s choice of providers, or, where appropriate,
18the consumer’s parent’s, legal guardian’s, authorized
19representative’s, or conservator’s choice of providers.

20(7) No service or support provided by any agency or individual
21shall be continued unless the consumer or, where appropriate, his
22or her parents, legal guardian, or conservator, or authorized
23representative, including those appointed pursuant to subdivision
24(d) of Section 4548, subdivision (b) of Section 4701.6, or
25subdivision (e) of Section 4705, is satisfied and the regional center
26and the consumer or, when appropriate, the person’s parents or
27legal guardian or conservator agree that planned services and
28supports have been provided, and reasonable progress toward
29objectives have been made.

30(8) Regional center funds shall not be used to supplant the
31budget of any agency that has a legal responsibility to serve all
32members of the general public and is receiving public funds for
33providing those services.

34(9) (A) A regional center may, directly or through an agency
35acting on behalf of the center, provide placement in, purchase of,
36or follow-along services to persons with developmental disabilities
37in, appropriate community living arrangements, including, but not
38limited to, support service for consumers in homes they own or
39lease, foster family placements, health care facilities, and licensed
40community care facilities. In considering appropriate placement
P51   1alternatives for children with developmental disabilities, approval
2by the child’s parent or guardian shall be obtained before placement
3is made.

4(B) Effective July 1, 2012, notwithstanding any other law or
5regulation to the contrary, a regional center shall not purchase
6residential services from a State Department of Social Services
7licensed 24-hour residential care facility with a licensed capacity
8of 16 or more beds. This prohibition on regional center purchase
9of residential services shall not apply to any of the following:

10(i) A residential facility with a licensed capacity of 16 or more
11beds that has been approved to participate in the department’s
12Home and Community Based Services Waiver or another existing
13waiver program or certified to participate in the Medi-Cal program.

14(ii) A residential facility service provider that has a written
15agreement and specific plan prior to July 1, 2012, with the
16vendoring regional center to downsize the existing facility by
17transitioning its residential services to living arrangements of 15
18beds or less or restructure the large facility to meet federal
19Medicaid eligibility requirements on or before June 30, 2013.

20(iii) A residential facility licensed as a mental health
21rehabilitation center by the State Department of Mental Health or
22successor agency under any of the following circumstances:

23(I) The facility is eligible for Medicaid reimbursement.

24(II) The facility has a department-approved plan in place by
25June 30, 2013, to transition to a program structure eligible for
26federal Medicaid funding, and this transition will be completed by
27June 30, 2014. The department may grant an extension for the date
28by which the transition will be completed if the facility
29demonstrates that it has made significant progress toward transition,
30and states with specificity the timeframe by which the transition
31will be completed and the specified steps that will be taken to
32accomplish the transition. A regional center may pay for the costs
33of care and treatment of a consumer residing in the facility on June
3430, 2012, until June 30, 2013, inclusive, and, if the facility has a
35department-approved plan in place by June 30, 2013, may continue
36to pay the costs under this subparagraph until June 30, 2014, or
37until the end of any period during which the department has granted
38an extension.

39(III) There is an emergency circumstance in which the regional
40center determines that it cannot locate alternate federally eligible
P52   1services to meet the consumer’s needs. Under such an emergency
2circumstance, an assessment shall be completed by the regional
3center as soon as possible and within 30 days of admission. An
4individual program plan meeting shall be convened immediately
5following the assessment to determine the services and supports
6needed for stabilization and to develop a plan to transition the
7consumer from the facility into the community. If transition is not
8expected within 90 days of admission, an individual program plan
9meeting shall be held to discuss the status of transition and to
10determine if the consumer is still in need of placement in the
11facility. Commencing October 1, 2012, this determination shall
12be made after also considering resource options identified by the
13statewide specialized resource service. If it is determined that
14emergency services continue to be necessary, the regional center
15shall submit an updated transition plan that can cover a period of
16up to 90 days. In no event shall placements under these emergency
17circumstances exceed 180 days.

18(C) (i) Effective July 1, 2012, notwithstanding any other law
19or regulation to the contrary, a regional center shall not purchase
20new residential services from, or place a consumer in, institutions
21for mental disease, as described in Part 5 (commencing with
22Section 5900) of Division 5, for which federal Medicaid funding
23is not available. Effective July 1, 2013, this prohibition applies
24regardless of the availability of federal funding.

25(ii) The prohibition described in clause (i) shall not apply to
26emergencies, as determined by the regional center, when a regional
27center cannot locate alternate services to meet the consumer’s
28needs. As soon as possible within 30 days of admission due to an
29emergency, an assessment shall be completed by the regional
30center. An individual program plan meeting shall be convened
31immediately following the assessment, to determine the services
32and supports needed for stabilization and to develop a plan to
33transition the consumer from the facility to the community. If
34transition is not expected within 90 days of admission, an
35emergency program plan meeting shall be held to discuss the status
36of the transition and to determine if the consumer is still in need
37of placement in the facility. If emergency services continue to be
38necessary, the regional center shall submit an updated transition
39plan to the department for an extension of up to 90 days. Placement
40shall not exceed 180 days.

P53   1(iii) To the extent feasible, prior to any admission, the regional
2center shall consider resource options identified by the statewide
3specialized resource service established pursuant to subdivision
4(b) of Section 4418.25.

5(iv) The clients’ rights advocate shall be notified of each
6admission and individual program planning meeting pursuant to
7this subparagraph and may participate in all individual program
8planning meetings unless the consumer objects on his or her own
9behalf.begin insert For purposes of this clause, notification to the clients’
10rights advocate shall include a copy of the most recent
11comprehensive assessment or updated assessment and the time,
12date, and location of the meeting, and shall be provided as soon
13as practicable, but not less than 7 calendar days prior to the
14meeting.end insert

15(v) Regional centers shall complete a comprehensive assessment
16of any consumer residing in an institution for mental disease as of
17July 1, 2012, for which federal Medicaid funding is not available,
18and for any consumer residing in an institution for mental disease
19as of July 1, 2013, without regard to federal funding. The
20comprehensive assessment shall be completed prior to the
21consumer’s next scheduled individual program plan meeting and
22shall include identification of the services and supports needed
23and the timeline for identifying or developing those services needed
24to transition the consumer back to the community. Effective
25October 1, 2012, the regional center shall also consider resource
26options identified by the statewide specialized resource service.
27For each individual program plan meeting convened pursuant to
28this subparagraph, the clients’ rights advocate for the regional
29center shall be notified of the meeting and may participate in the
30meeting unless the consumer objects on his or her own behalf.begin insert For
31purposes of this clause, notification to the clients’ rights advocate
32shall include the time, date, and location of the meeting, and shall
33be provided as soon as practicable, but not less than 7 calendar
34days prior to the meeting.end insert

35(D) Each person with developmental disabilities placed by the
36regional center in a community living arrangement shall have the
37rights specified in this division. These rights shall be brought to
38the person’s attention by any means necessary to reasonably
39communicate these rights to each resident, provided that, at a
40minimum, the Director of Developmental Services prepare,
P54   1provide, and require to be clearly posted in all residential facilities
2and day programs a poster using simplified language and pictures
3that is designed to be more understandable by persons with
4cognitive disabilities and that the rights information shall also be
5available through the regional center to each residential facility
6and day program in alternative formats, including, but not limited
7to, other languages, braille, and audio tapes, when necessary to
8meet the communication needs of consumers.

9(E) Consumers are eligible to receive supplemental services
10including, but not limited to, additional staffing, pursuant to the
11process described in subdivision (d) of Section 4646. Necessary
12additional staffing that is not specifically included in the rates paid
13to the service provider may be purchased by the regional center if
14the additional staff are in excess of the amount required by
15regulation and the individual’s planning team determines the
16additional services are consistent with the provisions of the
17individual program plan. Additional staff should be periodically
18reviewed by the planning team for consistency with the individual
19program plan objectives in order to determine if continued use of
20the additional staff is necessary and appropriate and if the service
21is producing outcomes consistent with the individual program plan.
22Regional centers shall monitor programs to ensure that the
23additional staff is being provided and utilized appropriately.

24(10) Emergency and crisis intervention services including, but
25not limited to, mental health services and behavior modification
26services, may be provided, as needed, to maintain persons with
27developmental disabilities in the living arrangement of their own
28choice. Crisis services shall first be provided without disrupting a
29person’s living arrangement. If crisis intervention services are
30unsuccessful, emergency housing shall be available in the person’s
31home community. If dislocation cannot be avoided, every effort
32shall be made to return the person to his or her living arrangement
33of choice, with all necessary supports, as soon as possible.

34(11) Among other service and support options, planning teams
35shall consider the use of paid roommates or neighbors, personal
36assistance, technical and financial assistance, and all other service
37and support options which would result in greater self-sufficiency
38for the consumer and cost-effectiveness to the state.

P55   1(12) When facilitation as specified in an individual program
2plan requires the services of an individual, the facilitator shall be
3of the consumer’s choosing.

4(13) The community support may be provided to assist
5individuals with developmental disabilities to fully participate in
6community and civic life, including, but not limited to, programs,
7services, work opportunities, business, and activities available to
8persons without disabilities. This facilitation shall include, but not
9be limited to, any of the following:

10(A) Outreach and education to programs and services within
11the community.

12(B) Direct support to individuals which would enable them to
13more fully participate in their community.

14(C) Developing unpaid natural supports when possible.

15(14) When feasible and recommended by the individual program
16planning team, for purposes of facilitating better and cost-effective
17services for consumers or family members, technology, including
18telecommunication technology, may be used in conjunction with
19other services and supports. Technology in lieu of a consumer’s
20in-person appearances at judicial proceedings or administrative
21due process hearings may be used only if the consumer or, when
22appropriate, the consumer’s parent, legal guardian, conservator,
23or authorized representative, gives informed consent. Technology
24may be used in lieu of, or in conjunction with, in-person training
25for providers, as appropriate.

26(15) Other services and supports may be provided as set forth
27in Sections 4685, 4686, 4687, 4688, and 4689, when necessary.

28(16) Notwithstanding any other provision of law or regulation
29to the contrary, effective July 1, 2009, regional centers shall not
30purchase experimental treatments, therapeutic services, or devices
31that have not been clinically determined or scientifically proven
32to be effective or safe or for which risks and complications are
33unknown. Experimental treatments or therapeutic services include
34experimental medical or nutritional therapy when the use of the
35product for that purpose is not a general physician practice. For
36regional center consumers receiving these services as part of their
37individual program plan (IPP) or individualized family service
38plan (IFSP) on July 1, 2009, this prohibition shall apply on August
391, 2009.

P56   1(b) (1) Advocacy for, and protection of, the civil, legal, and
2service rights of persons with developmental disabilities as
3established in this division.

4(2) Whenever the advocacy efforts of a regional center to secure
5or protect the civil, legal, or service rights of any of its consumers
6prove ineffective, the regional center or the person with
7developmental disabilities or his or her parents, legal guardian, or
8other representative may request the area board to initiate action
9under the provisions defining area board advocacy functions
10established in this division.

11(c) The regional center may assist consumers and families
12directly, or through a provider, in identifying and building circles
13of support within the community.

14(d) In order to increase the quality of community services and
15protect consumers, the regional center shall, when appropriate,
16take either of the following actions:

17(1) Identify services and supports that are ineffective or of poor
18quality and provide or secure consultation, training, or technical
19assistance services for any agency or individual provider to assist
20that agency or individual provider in upgrading the quality of
21services or supports.

22(2) Identify providers of services or supports that may not be
23in compliance with local, state, and federal statutes and regulations
24and notify the appropriate licensing or regulatory authority, or
25request the area board to investigate the possible noncompliance.

26(e) When necessary to expand the availability of needed services
27of good quality, a regional center may take actions that include,
28but are not limited to, the following:

29(1) Soliciting an individual or agency by requests for proposals
30or other means, to provide needed services or supports not presently
31available.

32(2) Requesting funds from the Program Development Fund,
33pursuant to Section 4677, or community placement plan funds
34designated from that fund, to reimburse the startup costs needed
35to initiate a new program of services and supports.

36(3) Using creative and innovative service delivery models,
37including, but not limited to, natural supports.

38(f) Except in emergency situations, a regional center shall not
39provide direct treatment and therapeutic services, but shall utilize
P57   1appropriate public and private community agencies and service
2providers to obtain those services for its consumers.

3(g) Where there are identified gaps in the system of services
4and supports or where there are identified consumers for whom
5no provider will provide services and supports contained in his or
6her individual program plan, the department may provide the
7services and supports directly.

8(h) At least annually, regional centers shall provide the
9consumer, his or her parents, legal guardian, conservator, or
10authorized representative a statement of services and supports the
11regional center purchased for the purpose of ensuring that they are
12delivered. The statement shall include the type, unit, month, and
13cost of services and supports purchased.

14begin insert

begin insertSEC. 16.end insert  

end insert

begin insertSection 4659.1 of the end insertbegin insertWelfare and Institutions Codeend insert
15begin insert is amended to read:end insert

16

4659.1.  

(a) If a service or support provided pursuant to a
17consumer’s individual program plan under this division or
18individualized family service plan pursuant to the California Early
19Intervention Services Act (Title 14 (commencing with Section
2095000) of the Government Code) is paid for, in whole or in part,
21by the health care service plan or health insurance policy of the
22consumer’s parent, guardian, or caregiver, the regional center may,
23when necessary to ensure that the consumer receives the service
24or support, pay any applicablebegin delete copayment or coinsuranceend delete
25begin insert copayment, coinsurance, or deductibleend insert associated with the service
26or support for which the parent, guardian, or caregiver is
27responsible if all of the following conditions are met:

28(1) The consumer is covered by his or her parent’s, guardian’s,
29or caregiver’s health care service plan or health insurance policy.

30(2) The family has an annual gross income that does not exceed
31400 percent of the federal poverty level.

32(3) There is no other third party having liability for the cost of
33the service or support, as provided in subdivision (a) of Section
344659 and Article 2.6 (commencing with Section 4659.10).

35(b) If a service or support provided to a consumer 18 years of
36age or older, pursuant to his or her individual program plan, is paid
37for in whole or in part by the consumer’s health care service plan
38or health insurance policy, the regional center may, when necessary
39to ensure that the consumer receives the service or support, pay
40any applicablebegin delete copayment or coinsuranceend deletebegin insert copayment, coinsurance,
P58   1or deductibleend insert
associated with the service or support for which the
2consumer is responsible if both of the following conditions are
3met:

4(1) The consumer has an annual gross income that does not
5exceed 400 percent of the federal poverty level.

6(2) There is no other third party having liability for the cost of
7the service or support, as provided in subdivision (a) of Section
84659 and Article 2.6 (commencing with Section 4659.10).

9(c) Notwithstanding paragraph (2) of subdivision (a) or
10paragraph (1) of subdivision (b), a regional center may pay a
11begin delete copayment or coinsuranceend deletebegin insert copayment, coinsurance, or deductibleend insert
12 associated with the health care service plan or health insurance
13policy for a service or support provided pursuant to a consumer’s
14individual program plan or individualized family service plan if
15the family’s or consumer’s income exceeds 400 percent of the
16federal poverty level, the service or support is necessary to
17successfully maintain the child at home or the adult consumer in
18the least-restrictive setting, and the parents or consumer
19demonstrate one or more of the following:

20(1) The existence of an extraordinary event that impacts the
21ability of the parent, guardian, or caregiver to meet the care and
22supervision needs of the child or impacts the ability of the parent,
23guardian, or caregiver, or adult consumer with a health care service
24plan or health insurance policy, to pay thebegin delete copayment or
25coinsurance.end delete
begin insert copayment, coinsurance, or deductible.end insert

26(2) The existence of catastrophic loss that temporarily limits
27the ability to pay of the parent, guardian, or caregiver, or adult
28consumer with a health care service plan or health insurance policy
29and creates a direct economic impact on the family or adult
30consumer. For purposes of this paragraph, catastrophic loss may
31include, but is not limited to, natural disasters and accidents
32involving major injuries to an immediate family member.

33(3) Significant unreimbursed medical costs associated with the
34care of the consumer or another child who is also a regional center
35consumer.

36(d) The parent, guardian, or caregiver of a consumer or an adult
37consumer with a health care service plan or health insurance policy
38shall self-certify the family’s gross annual income to the regional
39center by providing copies of W-2 Wage Earners Statements,
P59   1payroll stubs, a copy of the prior year’s state income tax return,
2or other documents and proof of other income.

3(e) The parent, guardian, or caregiver of a consumer or an adult
4consumer with a health care service plan or health insurance policy
5is responsible for notifying the regional center when a change in
6income occurs that would result in a change in eligibility for
7coverage of the health care service plan or health insurance policy
8begin delete copayments or coinsurance.end deletebegin insert copayments, coinsurance, or
9deductibles.end insert

10(f) Documentation submitted pursuant to this section shall be
11considered records obtained in the course of providing intake,
12assessment, and services and shall be confidential pursuant to
13Section 4514.

begin delete

14(g) Regional centers shall not pay health care service plan or
15health insurance policy deductibles.

end delete
begin delete

16(h)

end delete

17begin insert(end insertbegin insertg)end insert This section shall not be implemented in a manner that is
18inconsistent with the requirements of Part C of the federal
19Individuals with Disabilities Education Act (20 U.S.C. Sec. 1431
20et seq.).

21begin insert

begin insertSEC. 17.end insert  

end insert

begin insertSection 4681.6 of the end insertbegin insertWelfare and Institutions Codeend insert
22begin insert is amended to read:end insert

23

4681.6.  

begin insert(a)end insertbegin insertend insert Notwithstanding any otherbegin delete provision ofend delete law or
24regulation, commencing July 1, 2008:

begin delete

25(a) No

end delete

26begin insert(1)end insertbegin insertend insertbegin insertA end insertregional centerbegin delete mayend deletebegin insert shall notend insert pay an existing residential
27service provider, for services where rates are determined through
28a negotiation between the regional center and the provider, a rate
29higher than the rate in effect on June 30, 2008, unless the increase
30is required by a contract between the regional center and the vendor
31that is in effect on June 30, 2008, or the regional center
32demonstrates that the approval is necessary to protect the
33consumer’s health or safety and the department has granted prior
34written authorization.

begin delete

35(b) No

end delete

36begin insert(2)end insertbegin insertend insertbegin insertA end insertregional centerbegin delete mayend deletebegin insert shall notend insert negotiate a rate with a new
37residential service provider, for services where rates are determined
38through a negotiation between the regional center and the provider,
39that is higher than the regional center’s median rate for the same
40service code and unit of service, or the statewide median rate for
P60   1the same service code and unit of service, whichever is lower. The
2unit of service designationbegin delete mustend deletebegin insert shallend insert conform with an existing
3regional center designation or, if none exists, a designation used
4to calculate the statewide median rate for the same service. The
5regional center shall annually certify to the department its median
6rate for each negotiated rate service code, by designated unit of
7service. This certificationbegin delete willend deletebegin insert shallend insert be subject to verification
8through the department’s biennial fiscal audit of the regional center.

begin insert

9(b) Notwithstanding subdivision (a), commencing July 1, 2014,
10regional centers may negotiate a rate adjustment with residential
11service providers regarding rates that are otherwise restricted
12pursuant to subdivision (a), if the adjustment is necessary in order
13to pay employees no less than the minimum wage as established
14by Section 1182.12 of the Labor Code, as amended by Chapter
15351 of the Statutes of 2013, and only for the purpose of adjusting
16payroll costs associated with the minimum wage increase. The
17rate adjustment shall be specific to the unit of service designation
18that is affected by the increased minimum wage, shall be specific
19to payroll costs associated with any increase necessary to adjust
20employee pay only to the extent necessary to bring pay into
21compliance with the increased state minimum wage, and shall not
22be used as a general wage enhancement for employees paid above
23the minimum wage. Regional centers shall maintain documentation
24on the process to determine, and the rationale for granting, any
25rate adjustment associated with the minimum wage increase.

end insert

26(c) For purposes of this section, “residential service provider”
27includes Adult Residential Facilities for Persons with Special
28Health Care Needs, as described in Section 4684.50.

29(d) This section shall not apply to those services for which rates
30are determined by the State Department of Health Care Services,
31or the State Department of Developmental Services, or are usual
32and customary.

33begin insert

begin insertSEC. 18.end insert  

end insert

begin insertArticle 3.6 (commencing with Section 4684.80) is
34added to Chapter 6 of Division 4.5 of the end insert
begin insertWelfare and Institutions
35Code
end insert
begin insert, to read:end insert

begin insert

36 

37Article begin insert3.6.end insert  Enhanced Behavioral Supports Homes
38

 

39

begin insert4684.80.end insert  

(a) “Enhanced behavioral supports home” means a
40facility certified by the State Department of Developmental Services
P61   1and licensed by the State Department of Social Services pursuant
2to Section 1567.62 of the Health and Safety Code as an adult
3residential facility or a group home that provides 24-hour
4nonmedical care to individuals with developmental disabilities
5who require enhanced behavioral supports, staffing, and
6supervision in a homelike setting. An enhanced behavioral supports
7home shall have a maximum capacity of four consumers, shall
8 conform to Section 441.530(a)(1) of Title 42 of the Code of Federal
9Regulations, and shall be eligible for federal Medicaid home- and
10community-based services funding.

11(b) “Enhanced behavioral services and supports” means
12additional staffing supervision, facility characteristics, or other
13services and supports to address a consumer’s challenging
14behaviors, which are beyond what is typically available in other
15community facilities licensed as an adult residential facility or a
16group home to serve individuals in a community setting rather
17than an institution.

18(c) “Individual behavior supports plan” means the plan that
19identifies and documents the behavior and intensive support and
20service needs of a consumer and details the strategies to be
21employed and services to be provided to address those needs, and
22includes the entity responsible for providing those services and
23timelines for when each identified individual behavior support will
24commence.

25(d) “Individual behavior supports team” means those
26individuals who develop, monitor, and revise the individual
27behavior supports plan for consumers residing in an enhanced
28behavioral supports home. The team shall, at a minimum, be
29composed of all of the following individuals:

30(1) Regional center service coordinator and other regional
31center representatives, as necessary.

32(2) Consumer and, where appropriate, his or her conservator
33or authorized representative.

34(3) Service provider’s board-certified behavior analyst or
35qualified behavior modification professional.

36(4) Enhanced behavioral supports home administrator.

37(5) Regional center clients’ rights advocate, unless the consumer
38objects on his or her own behalf to participation by the clients’
39rights advocate.

P62   1(6) Others deemed necessary by the consumer, or his or her
2conservator or authorized representative, for developing a
3comprehensive and effective individual behavior supports plan.

4

begin insert4684.81.end insert  

(a) The department shall implement a pilot project
5using community placement plan funds, as appropriated in the
6State Department of Developmental Services’ annual budget, to
7test the effectiveness of providing enhanced behavioral supports
8in homelike community settings. The enhanced behavioral supports
9homes shall be for purposes of providing intensive behavioral
10services and supports to adults and children with developmental
11disabilities who need intensive services and supports due to
12challenging behaviors that cannot be managed in a community
13setting without the availability of enhanced behavioral services
14and supports, and who are at risk of institutionalization or
15out-of-state placement, or are transitioning to the community from
16a developmental center, other state-operated residential facility,
17 institution for mental disease, or out-of-state placement.

18(b) An enhanced behavioral supports home may only be
19established in an adult residential facility or a group home
20approved through a regional center community placement plan
21pursuant to Section 4418.25.

22(c) No more than six enhanced behavioral supports homes may
23be approved by the State Department of Developmental Services
24each fiscal year in which the pilot program is in effect and to the
25extent funding is available for this purpose, each for no more than
26four individuals with developmental disabilities. The homes shall
27be located throughout the state, as determined by the State
28Department of Developmental Services, based on regional center
29requests.

30(d) Each enhanced behavioral supports home shall be licensed
31as an adult residential facility or a group home pursuant to the
32California Community Care Facilities Act (Chapter 3 (commencing
33with Section 1500) of Division 2 of the Health and Safety Code)
34and certified by the State Department of Developmental Services,
35shall exceed the minimum requirements for a Residential Facility
36Service Level 4-i pursuant to Sections 56004 and 56013 of Title
3717 of the California Code of Regulations, and shall meet all
38applicable statutory and regulatory requirements applicable to a
39facility licensed as an adult residential facility or a group home
40for facility licensing, seclusion, and restraint, including Division
P63   11.5 (commencing with Section 1180) of the Health and Safety Code,
2and the use of behavior modification interventions, subject to any
3additional requirements applicable to enhanced behavioral
4supports homes established by statute or by regulation promulgated
5pursuant to this article and Article 9.5 (commencing with Section
61567.61) of Chapter 3 of Division 2 of the Health and Safety Code.

7(e) A regional center shall not place a consumer in an enhanced
8behavioral supports home unless the program is certified by the
9State Department of Developmental Services and the facility is
10licensed by the State Department of Social Services.

11(f) The State Department of Developmental Services shall be
12responsible for granting the certificate of program approval for
13an enhanced behavioral supports home.

14(g) The State Department of Developmental Services may,
15pursuant to Section 4684.85, decertify any enhanced behavioral
16supports home that does not comply with program requirements.
17Upon decertification of an enhanced behavioral supports home,
18the State Department of Developmental Services shall report the
19decertification to the State Department of Social Services. The
20State Department of Social Services shall revoke the license of the
21enhanced behavioral supports home that has been decertified
22pursuant to Section 1550 of the Health and Safety Code.

23(h) If the State Department of Developmental Services
24determines that urgent action is necessary to protect a consumer
25residing in an enhanced behavioral supports home from physical
26or mental abuse, abandonment, or any other substantial threat to
27the consumer’s health and safety, the State Department of
28Developmental Services may request that the regional center or
29centers remove the consumer from the enhanced behavioral
30supports home or direct the regional center or centers to obtain
31alternative or additional services for the consumers within 24
32hours of that determination. When possible, an individual program
33plan (IPP) meeting shall be convened to determine the appropriate
34action pursuant to this section. In any case, an IPP meeting shall
35be convened within 30 days following an action pursuant to this
36 section.

37(i) Enhanced behavioral supports homes shall have a facility
38program plan approved by the State Department of Developmental
39Services.

P64   1(1) The facility program plan approved by the State Department
2of Developmental Services shall be submitted to the State
3Department of Social Services for inclusion in the facility plan of
4operation.

5(2) The vendoring regional center and each consumer’s regional
6center shall have joint responsibility for monitoring and evaluating
7the services provided in the enhanced behavioral supports home.
8Monitoring shall include at least quarterly, or more frequently if
9specified in the consumer’s individual program plan, face-to-face,
10onsite case management visits with each consumer by his or her
11regional center and at least quarterly quality assurance visits by
12the vendoring regional center. The State Department of
13Developmental Services shall monitor and ensure the regional
14centers’ compliance with their monitoring responsibilities.

15(j) The State Department of Developmental Services shall
16establish by regulation a rate methodology for enhanced behavioral
17supports homes that includes a fixed facility component for
18residential services and an individualized services and supports
19component based on each consumer’s needs as determined through
20the individual program plan process, which may include assistance
21with transitioning to a less restrictive community residential
22setting.

23(k) (1) The established facility rate for a full month of service,
24as defined in regulations adopted pursuant to this article, shall be
25paid based on the licensed capacity of the facility once the facility
26reaches maximum capacity, despite the temporary absence of one
27 or more consumers from the facility or subsequent temporary
28vacancies created by consumers moving from the facility. Prior
29to the facility reaching licensed capacity, the facility rate shall be
30prorated based on the number of consumers residing in the facility.

31When a consumer is temporarily absent from the facility,
32including when a consumer is in need for inpatient care in a health
33facility, as defined in subdivision (a), (b), or (c) of Section 1250
34of the Health and Safety Code, the regional center may, based on
35consumer need, continue to fund individual services, in addition
36to paying the facility rate. Individual consumer services funded
37by the regional center during a consumer’s absence from the
38facility shall be approved by the regional center director and shall
39only be approved in 14-day increments. The regional center shall
P65   1maintain documentation of the need for these services and the
2regional center director’s approval.

3(2) An enhanced behavioral supports home using delayed egress
4devices, in compliance with Section 1531.1 of the Health and Safety
5Code, may utilize secured perimeters, in compliance with Section
61531.15 of the Health and Safety Code and applicable regulations.
7No more than two enhanced behavioral supports homes using
8delayed egress devices in combination with secured perimeters
9may be certified by the State Department of Developmental
10Services during the first year of the pilot program, one in northern
11California and one in southern California, and no more than one
12additional home using delayed egress devices in combination with
13a secured perimeter may be certified by the State Department of
14Developmental Services in each subsequent year of the pilot
15program. No more than six enhanced behavioral supports homes
16that use delayed egress devices in combination with a secured
17perimeter shall be certified during the pilot program. Enhanced
18behavioral supports homes shall not be counted for purposes of
19the statewide limit established in regulations on the total number
20of beds permitted in homes with delayed egress devices in
21combination with secured perimeters pursuant to subdivision (k)
22of Section 1531.15 of the Health and Safety Code. The department
23shall make reasonable efforts to include enhanced behavioral
24supports homes within the statewide limit.

25

begin insert4684.82.end insert  

The vendoring regional center shall, before placing
26any consumer into an enhanced behavioral supports home, ensure
27that the home has a license issued by the State Department of
28Social Services for not more than four individuals with
29developmental disabilities, is certified by the State Department of
30Developmental Services, and has a contract with the regional
31center that meets the contracting requirements established by the
32State Department of Developmental Services through regulations
33promulgated pursuant to this article. Under no circumstances shall
34the contract extend beyond the stated termination date, which shall
35not be longer than January 1, 2020.

36

begin insert4684.83.end insert  

The enhanced behavioral supports home provider
37shall be responsible for coordinating the development and updating
38of each consumer’s individual behavior supports plan with the
39consumer’s individual behavior supports team. The initial
40individual behavior supports plan shall be developed within one
P66   1week of the consumer’s admission to the enhanced behavioral
2supports home.

3

begin insert4684.84.end insert  

(a) The regional center shall have responsibility for
4monitoring and evaluating the implementation of the consumer’s
5individual behavior supports plan objectives.

6(b) A regional center qualified behavior modification
7professional shall visit, with or without notice, the consumer, in
8person, at least monthly in the enhanced behavioral supports home,
9or more frequently if specified in the consumer’s individual
10behavior supports plan. At least four of these visits, annually, shall
11be unannounced.

12(c) The State Department of Developmental Services shall
13monitor and ensure the regional centers’ compliance with the
14requirements of this article. The monitoring shall include onsite
15 visits to all the enhanced behavioral supports homes at least every
16six months for the duration of the pilot project.

17(d) The State Department of Developmental Services shall
18conduct a review of the pilot project in consultation with
19stakeholders. The review shall be completed and the results of the
20review shall be shared in writing with the State Department of
21Social Services no later than September 1, 2018.

22

begin insert4684.85.end insert  

(a) In addition to any other contract termination
23provisions, a regional center may terminate its contract with an
24enhanced behavioral supports home when the regional center
25determines that the home is unable to maintain substantial
26compliance with state laws, regulations, or its contract with the
27regional center, or the home demonstrates an inability to ensure
28the health and safety of the consumers.

29(b) The enhanced behavioral supports home may appeal a
30regional center’s decision to terminate its contract by sending to
31the executive director of the contracting regional center a detailed
32statement containing the reasons and facts demonstrating why the
33termination is inappropriate. The appeal shall be received by the
34regional center within 10 working days from the date of the letter
35terminating the contract. The executive director shall respond with
36his or her decision within 10 working days of the date of receipt
37of the appeal from the enhanced behavioral supports home. The
38executive director shall submit his or her decision to the State
39Department of Developmental Services and the State Department
P67   1of Social Services on the same date that it is signed. The decision
2of the executive director shall be the final administrative decision.

3(c) The Director of Developmental Services may rescind an
4enhanced behavioral supports home program certification when,
5in his or her sole discretion, an enhanced behavioral supports
6home does not maintain substantial compliance with an applicable
7statute, regulation, or ordinance, or cannot ensure the health and
8safety of the consumers. The decision of the Director of
9Developmental Services shall be the final administrative decision.
10The Director of Developmental Services shall transmit his or her
11decision whether to rescind an enhanced behavioral supports home
12program certification to the State Department of Social Services
13and the regional center with his or her recommendation as to
14whether to revoke the enhanced behavioral supports home’s
15residential care facility license, for which the State Department
16of Social Services shall revoke the license of the enhanced
17behavioral supports home pursuant to Section 1550 of the Health
18and Safety Code.

19(d) The State Department of Developmental Services and
20regional centers shall, for purposes of assisting in licensing,
21provide the State Department of Social Services with all available
22documentation and evidentiary support that was submitted to the
23State Department of Developmental Services in connection with
24certification by an applicant for licensure under this article.

25

begin insert4684.86.end insert  

(a) A certification for an enhanced behavioral
26supports home shall not be issued before emergency regulations
27filed by the State Department of Developmental Services pursuant
28to this article have been published. These regulations shall be
29developed in consultation with stakeholders, including the State
30Department of Social Services, consumer advocates, and regional
31centers. The regulations shall address at least the following:

32(1) Program standards, including program design requirements,
33staffing structure, staff qualifications, and training. Training
34requirements shall include:

35(A) A minimum of 16 hours of emergency intervention training,
36which shall include the techniques the licensee will use to prevent
37injury and maintain safety regarding consumers who are a danger
38to self or others and shall emphasize positive behavioral supports
39and techniques that are alternatives to physical restraints.

P68   1(B) Additional training for direct care staff to address the
2specialized needs of the consumers, including training in
3emergency interventions.

4(2) Requirements and timelines for the development and
5updating of consumers’ individual behavior supports plans.

6(3) Admission and continued stay requirements.

7(4) Requirements for ensuring that appropriate services and
8supports are provided at the time of admission to meet the
9consumer’s immediate needs pending development of the
10consumer’s individual behavior supports plan.

11(5) The rate methodology.

12(6) Consumer rights and protections.

13(b) The adoption, initial amendment, repeal, or readoption of
14a regulation authorized by this section is deemed to be an
15emergency and necessary for the immediate preservation of the
16public peace, health, safety, or general welfare for purposes of
17Sections 11346.1 and 11349.6 of the Government Code, and the
18department is hereby exempted from the requirement that it
19describe specific facts showing the need for immediate action.
20These regulations shall be developed in consultation with system
21stakeholders. A certificate of compliance for these implementing
22regulations shall be filed within 24 months following the adoption
23of the first emergency regulations filed pursuant to this section.
24The emergency regulations may be readopted and remain in effect
25until approval of the certificate of compliance.

26

begin insert4684.87.end insert  

This article shall remain in effect only until January
271, 2020, and as of that date is repealed, unless a later enacted
28statute, that is enacted before January 1, 2020, deletes or extends
29that date.

end insert
30begin insert

begin insertSEC. 19.end insert  

end insert

begin insertSection 4691.6 of the end insertbegin insertWelfare and Institutions Codeend insert
31begin insert is amended to read:end insert

32

4691.6.  

(a) Notwithstanding any otherbegin delete provision ofend delete law or
33regulation, commencing July 1, 2006, the community-based day
34program, work activity program, and in-home respite service
35agency rate schedules authorized by the department and in
36operation June 30, 2006, shall be increased by 3 percent, subject
37to funds specifically appropriated for this increase in the Budget
38Act of 2006. The increase shall be applied as a percentage, and
39the percentage shall be the same for all providers. Any subsequent
P69   1increase shall be governed by subdivisions (b), (c), (d),begin delete and (e)end delete
2begin insert (e), (f), end insertbegin insert(g), and (h),end insert and Section 4691.9.

3(b) Notwithstanding any otherbegin delete provision ofend delete law or regulation,
4the departmentbegin delete mayend deletebegin insert shallend insert not establish any permanent payment
5rate for a community-based day program or in-home respite service
6agency provider that has a temporary payment rate in effect on
7June 30, 2008, if the permanent payment rate would be greater
8than the temporary payment rate in effect on or after June 30, 2008,
9unless the regional center demonstrates to the department that the
10permanent payment rate is necessary to protect the consumers’
11health or safety.

12(c) Notwithstanding any otherbegin delete provision ofend delete law or regulation,
13neither the department nor any regional centerbegin delete mayend deletebegin insert shallend insert approve
14any program design modification or revendorization for a
15community-based day program or in-home respite service agency
16provider that would result in an increase in the rate to be paid to
17the vendor from the rate that is in effect on or after June 30, 2008,
18unless the regional center demonstrates that the program design
19modification or revendorization is necessary to protect the
20consumers’ health or safety and the department has granted prior
21written authorization.

22(d) Notwithstanding any otherbegin delete provision ofend delete law or regulation,
23the departmentbegin delete mayend deletebegin insert shallend insert not approve an anticipated rate
24adjustment for a community-based day program or in-home respite
25service agency provider that would result in an increase in the rate
26to be paid to the vendor from the rate that is in effect on or after
27June 30, 2008, unless the regional center demonstrates that the
28anticipated rate adjustment is necessary to protect the consumers’
29health or safety.

30(e) Notwithstanding any otherbegin delete provision ofend delete law or regulation,
31begin insert except as set forth in subdivision (f),end insert the departmentbegin delete mayend deletebegin insert shallend insert not
32approve any rate adjustment for a work activity program that would
33result in an increase in the rate to be paid to the vendor from the
34rate that is in effect on or after June 30, 2008, unless the regional
35center demonstrates that the rate adjustment is necessary to protect
36the consumers’ health and safety and the department has granted
37prior written authorization.

begin insert

38(f) Notwithstanding any other law or regulation, commencing
39July 1, 2014, the department may approve rate adjustments for a
40work activity program that demonstrates to the department that
P70   1the rate adjustment is necessary in order to pay employees who,
2prior to July 1, 2014, were being compensated at a wage that is
3less than the minimum wage established on and after July 1, 2014,
4by Section 1182.12 of the Labor Code, as amended by Chapter
5351 of the Statutes of 2013. The rate adjustment pursuant to this
6subdivision shall be specific to payroll costs associated with any
7increase necessary to adjust employee pay only to the extent
8 necessary to bring pay into compliance with the increased state
9minimum wage, and shall not constitute a general wage
10enhancement for employees paid above the increased minimum
11wage.

end insert
begin insert

12(g) Notwithstanding any other law or regulation, commencing
13July 1, 2014, community-based day program and in-home respite
14services agency providers with temporary payment rates set by
15the department may seek unanticipated rate adjustments from the
16department due to the impacts of the increased minimum wage as
17established by Section 1182.12 of the Labor Code, as amended by
18Chapter 351 of the Statutes of 2013. The rate adjustment shall be
19specific to payroll costs associated with any increase necessary
20to adjust employee pay only to the extent necessary to bring pay
21into compliance with the increased state minimum wage, and shall
22not constitute a general wage enhancement for employees paid
23above the increased minimum wage.

end insert
begin insert

24(h) Notwithstanding any other law or regulation, commencing
25January 1, 2015, the in-home respite service agency rate schedule
26authorized by the department and in operation December 31, 2014,
27shall be increased by 5.82 percent, subject to funds specifically
28appropriated for this increase for costs due to changes in federal
29regulations implementing the federal Fair Labor Standards Act
30of 1938 (29 U.S.C. Sec. 201 et seq.). The increase shall be applied
31as a percentage, and the percentage shall be the same for all
32applicable providers.

end insert
33begin insert

begin insertSEC. 20.end insert  

end insert

begin insertSection 4691.9 of the end insertbegin insertWelfare and Institutions Codeend insert
34begin insert is amended to read:end insert

35

4691.9.  

begin insert(a)end insertbegin insertend insert Notwithstanding any otherbegin delete provision ofend delete law or
36regulation, commencing July 1, 2008:

begin delete

37(a) No

end delete

38begin insert(1)end insertbegin insertend insertbegin insertA end insertregional center shallbegin insert notend insert pay an existing service provider,
39for services where rates are determined through a negotiation
40between the regional center and the provider, a rate higher than
P71   1the rate in effect on June 30, 2008, unless the increase is required
2by a contract between the regional center and the vendor that is in
3effect on June 30, 2008, or the regional center demonstrates that
4the approval is necessary to protect the consumer’s health or safety
5and the department has granted prior written authorization.

begin delete

6(b) No

end delete

7begin insert(2)end insertbegin insertend insertbegin insertA end insertregional centerbegin delete mayend deletebegin insert shall notend insert negotiate a rate with a new
8service provider, for services where rates are determined through
9a negotiation between the regional center and the provider, that is
10higher than the regional center’s median rate for the same service
11code and unit of service, or the statewide median rate for the same
12service code and unit of service, whichever is lower. The unit of
13service designationbegin delete mustend deletebegin insert shallend insert conform with an existing regional
14center designation or, if none exists, a designation used to calculate
15the statewide median rate for the same service. The regional center
16shall annually certify to the State Department of Developmental
17Services its median rate for each negotiated rate service code, by
18designated unit of service. This certificationbegin delete willend deletebegin insert shallend insert be subject
19to verification through the department’s biennial fiscal audit of
20the regional center.

begin insert

21(b) Notwithstanding subdivision (a), commencing July 1, 2014,
22regional centers may negotiate a rate adjustment with providers
23regarding rates if the adjustment is necessary in order to pay
24employees no less than the minimum wage as established by Section
251182.12 of the Labor Code, as amended by Chapter 351 of the
26Statutes of 2013, and only for the purpose of adjusting payroll
27costs associated with the minimum wage increase. The rate
28adjustment shall be specific to the unit of service designation that
29is affected by the increased minimum wage, shall be specific to
30payroll costs associated with any increase necessary to adjust
31employee pay only to the extent necessary to bring pay into
32compliance with the increased state minimum wage, and shall not
33be used as a general wage enhancement for employees paid above
34the increased minimum wage. Regional centers shall maintain
35documentation on the process to determine, and the rationale for
36granting, any rate adjustment associated with the minimum wage
37increase.

end insert
begin insert

38(c) Notwithstanding any other law or regulation, commencing
39January 1, 2015, rates for personal assistance and supported living
40services in effect on December 31, 2014, shall be increased by
P72   15.82 percent, subject to funds specifically appropriated for this
2increase for costs due to changes in federal regulations
3implementing the federal Fair Labor Standards Act of 1938 (29
4U.S.C. Sec. 201 et seq.). The increase shall be applied as a
5percentage, and the percentage shall be the same for all applicable
6providers. As used in this subdivision, both of the following
7definitions shall apply:

end insert
begin insert

8(1) “Personal assistance” is limited only to those services
9provided by vendors classified by the regional center as personal
10assistance providers, pursuant to the miscellaneous services
11provisions contained in Title 17 of the California Code of
12Regulations.

end insert
begin insert

13(2) “Supported living services” are limited only to those services
14defined as supported living services in Title 17 of the California
15Code of Regulations.

end insert
begin delete

16(c)

end delete

17begin insert(end insertbegin insertd)end insert This section shall not apply to those services for which rates
18are determined by the State Department of Health Care Services,
19or the State Department of Developmental Services, or are usual
20and customary.

21begin insert

begin insertSEC. 21.end insert  

end insert

begin insertArticle 8 (commencing with Section 4698) is added
22to Chapter 6 of Division 4.5 of the end insert
begin insertWelfare and Institutions Codeend insertbegin insert,
23to read:end insert

begin insert

24 

25Article begin insert8.end insert  Community Crisis Home Certification
26

 

27

begin insert4698.end insert  

(a) (1) “Community crisis home” means a facility
28certified by the State Department of Developmental Services
29pursuant to this article, and licensed by the State Department of
30Social Services pursuant to Article 9.7 (commencing with Section
311567.80) of Chapter 3 of Division 2 of the Health and Safety Code,
32as an adult residential facility, providing 24-hour nonmedical care
33to individuals with developmental disabilities receiving regional
34center services and in need of crisis intervention services who
35would otherwise be at risk of admission to the acute crisis center
36at Fairview Developmental Center or Sonoma Developmental
37Center, an out-of-state placement, a general acute hospital, an
38acute psychiatric hospital, or an institution for mental disease, as
39described in Part 5 (commencing with Section 5900) of Division
P73   15. A community crisis home shall have a maximum capacity of
2eight consumers.

3(2) “Consumer” or “client” means an individual who has been
4determined by a regional center to meet the eligibility criteria of
5Section 4512 and applicable regulations and for whom the regional
6center has accepted responsibility.

7(b) (1) The State Department of Developmental Services, using
8Community Placement Plan funds, shall establish a
9community-based residential option consisting of community crisis
10homes for adults with developmental disabilities receiving regional
11center services who require crisis intervention services and who
12would otherwise be at risk of admission to the acute crisis center
13at Fairview Developmental Center or Sonoma Developmental
14Center, an out-of-state placement, a general acute hospital, an
15acute psychiatric hospital, or an institution for mental disease, as
16described in Part 5 (commencing with Section 5900) of Division
175.

18(2) The State Department of Developmental Services may issue
19a certificate of program approval to a community crisis home
20qualified pursuant to this article.

21(c) A community crisis home shall not be licensed by the State
22Department of Social Services until the certificate of program
23approval, issued pursuant to this article by the State Department
24of Developmental Services, has been received.

25(1) A community crisis home shall be certified only if approved
26through a regional center community placement plan pursuant to
27Section 4418.25. Each home shall conform to Section 441.530(a)(1)
28of Title 42 of the Code of Federal Regulations, and shall be eligible
29for federal Medicaid home and community-based services funding.

30(2) A consumer shall not be placed in a community crisis home
31unless the program is certified by the State Department of
32Developmental Services, pursuant to this article, and the facility
33is licensed by the State Department of Social Services, pursuant
34to Article 9.7 (commencing with Section 1567.80) of Chapter 3 of
35Division 2 of the Health and Safety Code.

36(3) A certificate of program approval, issued pursuant to this
37article by the State Department of Developmental Services, shall
38be a condition of licensure for the community crisis home by the
39State Department of Social Services, pursuant to Article 9.7
P74   1(commencing with Section 1567.80) of Chapter 3 of Division 2 of
2the Health and Safety Code.

3(4) Community crisis homes shall exceed the minimum
4requirements for a Residential Facility Service Level 4-i pursuant
5to Sections 56004 and 56013 of Title 17 of the California Code of
6regulations, and shall meet all applicable statutory and regulatory
7requirements for facility licensing, the use of behavior modification
8interventions, and seclusion and restraint, including Division 1.5
9(commencing with Section 1180) of the Health and Safety Code,
10and that are applicable to facilities licensed as adult residential
11facilities.

12(d) Community crisis homes shall have a facility program plan
13approved by the State Department of Developmental Services. The
14facility program plan approved by the State Department of
15Developmental Services shall be submitted to the State Department
16of Social Services for inclusion in the facility plan of operation,
17pursuant to Section 1567.84 of the Health and Safety Code.

18(e) The local regional center and each consumer’s regional
19center shall have joint responsibility for monitoring and evaluating
20the provision of services in the community crisis home. Monitoring
21shall include at least monthly face-to-face, onsite case management
22visits with each consumer by his or her regional center and at least
23quarterly quality assurance visits by the vendoring regional center.
24The State Department of Developmental Services shall monitor
25and ensure the regional centers’ compliance with their monitoring
26responsibilities.

27(f) A consumer’s regional center shall also notify the clients’
28rights advocate of each community crisis home admission. Unless
29the consumer objects on his or her own behalf, the clients’ rights
30advocate may participate in developing the plan to transition the
31consumer to his or her prior residence or an alternative
32community-based residential setting with needed services and
33supports.

34(g) The State Department of Developmental Services shall
35 establish by regulation a rate methodology for community crisis
36homes that includes a fixed facility component for residential
37services and an individualized services and supports component
38based on each consumer’s needs as determined through the
39individual program plan process, which may include assistance
P75   1with returning to the consumer’s prior living arrangement or
2transitioning to an alternative community residential setting.

3(h) If the State Department of Developmental Services
4determines that urgent action is necessary to protect a consumer
5residing in a community crisis home from physical or mental abuse,
6abandonment, or any other substantial threat to the consumer’s
7health and safety, the State Department of Developmental Services
8may request that the regional center or centers remove the
9consumer from the community crisis home or direct the regional
10center or centers to obtain alternative or additional services for
11the consumer within 24 hours of that determination. When possible,
12an individual program plan (IPP) meeting shall be convened to
13determine the appropriate action pursuant to this section. In any
14case, an IPP meeting shall be convened within 30 days following
15an action pursuant to this section.

16(i) The Director of Developmental Services shall rescind a
17community crisis home’s certificate of program approval when,
18in his or her sole discretion, a community crisis home does not
19maintain substantial compliance with an applicable statute,
20regulation, or ordinance, or cannot ensure the health and safety
21of consumers. The decision of the Director of Developmental
22Services shall be the final administrative decision. The Director
23of Developmental Services shall transmit his or her decision
24rescinding a community crisis home’s certificate of program
25approval to the State Department of Social Services and the
26regional center with his or her recommendation as to whether to
27 revoke the community crisis home license, and the State
28Department of Social Services shall revoke the license of the
29community crisis home pursuant to Section 1550 of the Health and
30Safety Code.

31(j) The State Department of Developmental Services and
32regional centers shall provide the State Department of Social
33Services all available documentation and evidentiary support
34necessary for the licensing and administration of community crisis
35homes and enforcement of Chapter 3 (commencing with Section
361500) of Division 2 of the Health and Safety Code, and the
37applicable regulations.

38

begin insert4698.1.end insert  

(a) A certificate of program approval shall not be
39issued pursuant to this article until the publication in Title 17 of
40the California Code of Regulations of emergency regulations filed
P76   1by the State Department of Developmental Services. These
2regulations shall be developed in consultation with stakeholders,
3including the State Department of Social Services, consumer
4advocates, and regional centers. The regulations shall address at
5least all of the following:

6(1) Program standards, including program design requirements,
7staffing structure, staff qualifications, and training. Training
8requirements shall include all of the following:

9(A) A minimum of 16 hours of emergency intervention training,
10which shall include the techniques the facility will use to prevent
11injury and maintain safety regarding consumers who are a danger
12to self or others and shall emphasize positive behavioral supports
13and techniques that are alternatives to physical restraint.

14(B) Additional training for direct care staff to address the
15specialized needs of the consumers, including training in
16emergency interventions.

17(2) Requirements and timelines for the development and
18updating of each consumer’s individual program plan, including
19time-limited objectives and a plan to transition the consumer to
20his or her prior residence or an alternative community-based
21residential setting with needed services and supports. In developing
22these regulations, the department shall place a high priority on
23transitioning the consumer to his or her prior residence, when that
24is the preferred objective in the consumer’s individual program
25plan.

26(3) Procedures and requirements for identifying and providing
27supplemental and ancillary staffing and supports, including
28therapeutic, behavioral, and clinical services and supports, based
29on individual consumer need.

30(4) The rate methodology.

31(5) Consumer rights and protections.

32(b) The adoption, amendment, repeal, or readoption of a
33regulation authorized by this section is deemed to be an emergency
34and necessary for the immediate preservation of the public peace,
35health and safety, or general welfare for purposes of Sections
3611346.1 and 11349.6 of the Government Code, and the State
37Department of Developmental Services is hereby exempted from
38the requirement that it describe specific facts showing the need
39for immediate action. These emergency regulations shall be
40developed in consultation with system stakeholders. A certificate
P77   1of compliance for these implementing regulations shall be filed
2within 24 months following the adoption of the first emergency
3regulations filed pursuant to this section. The emergency
4regulations may be readopted and remain in effect until approval
5of the certificate of compliance.

end insert
6begin insert

begin insertSEC. 22.end insert  

end insert

begin insertSection 6504.5 of the end insertbegin insertWelfare and Institutions Codeend insert
7begin insert is amended to read:end insert

8

6504.5.  

begin insert(a)end insertbegin insertend insertWherever a petition is filed pursuant to this article,
9the court shall appoint the director of a regional center for the
10developmentally disabled established under Division 4.5
11(commencing with Section 4500), or the designee of the director,
12to examine the person alleged to have a developmental disability.

begin delete

13 Within

end delete

14begin insert(b)end insertbegin insertend insertbegin insertWithinend insert 15 judicial days after his or her appointment, the
15regional center director or designee shall submit to the court in
16writing a report containing his or her evaluation of the person
17alleged to have a developmental disability. If the person is an
18individual described in paragraph (2) of subdivision (a) of Section
197505, the report shall include the results of the assessment
20conducted pursuant to subdivision (b) of Section 4418.7. The report
21shall contain a recommendation of a facility or facilities in which
22the alleged developmentally disabled person may be placed.begin insert The
23report shall include any comprehensive assessment, or updated
24assessment, conducted by the regional center pursuant to
25paragraph (2) of subdivision (c) of Section 4418.25.end insert

begin delete

26 The

end delete

27begin insert(c)end insertbegin insertend insertbegin insertTheend insert report shall include a description of the least restrictive
28residential placement necessary to achieve the purposes of
29treatment. In determining the least restrictive residential placement,
30consideration shall be given to public safety. If placement into or
31out of a developmental center is recommended, the regional center
32director or designee simultaneously shall submit the report to the
33executive director of the developmental center or his or her
34designee. The executive director of the developmental center or
35his or her designee may, within 15 days of receiving the regional
36center report, submit to the court a written report evaluating the
37ability of the developmental center to achieve the purposes of
38treatment for this person and whether the developmental center
39placement can adequately provide the security measures or systems
P78   1required to protect the public health and safety from the potential
2dangers posed by the person’s known behaviors.

begin delete

3 The

end delete

4begin insert(d)end insertbegin insertend insertbegin insertTheend insert reports prepared by the regional center director and
5developmental center director, if applicable, shall also address
6suitable interim placements for the person as provided for in
7Section 6506.

8begin insert

begin insertSEC. 23.end insert  

end insert

begin insertSection 6509 of the end insertbegin insertWelfare and Institutions Codeend insertbegin insert is
9amended to read:end insert

10

6509.  

(a)   If the court finds that the person has a
11developmental disability, and is a danger to himself, herself, or to
12others, the court may make an order that the person be committed
13to the State Department of Developmental Services for suitable
14treatment and habilitation services. Suitable treatment and
15habilitation services is defined as the least restrictive residential
16placement necessary to achieve the purposes of treatment. Care
17and treatment of a person committed to the State Department of
18Developmental Services may include placement in any of the
19following:

20(1) Any licensed community care facility, as defined in Section
211504, or any health facility, as defined in Section 1250, other than
22a developmental center or state-operated facility.

23(2) begin insertThe acute crisis center at end insertFairview Developmentalbegin delete Centerend delete
24begin insert Center,end insert if the person meets the criteria for admission pursuant to
25paragraph (2) of subdivision (a) of Section 7505.

begin insert

26(3) On or after January 1, 2015, the acute crisis center at
27Sonoma Developmental Center, if the person meets the criteria
28for admission pursuant to paragraph (3) of subdivision (a) of
29Section 7505.

end insert
begin delete

30(3)

end delete

31begin insert(4)end insert The secure treatment program at Porterville Developmental
32begin delete Centerend deletebegin insert Center,end insert if the person meets the criteria for admission
33pursuant to paragraph (3) of subdivision (a) of Section 7505.

begin delete

34(4)

end delete

35begin insert(5)end insert Any other appropriate placement permitted by law.

36(b) (1) The court shall hold a hearing as to the available
37placement alternatives and consider the reports of the regional
38center director or designee and the developmental center director
39or designee submitted pursuant to Section 6504.5. After hearing
40all the evidence, the court shall order that the person be committed
P79   1to that placement that the court finds to be the most appropriate
2and least restrictive alternative. If the court finds that release of
3the person can be made subject to conditions that the court deems
4proper and adequate for the protection and safety of others and the
5welfare of the person, the person shall be released subject to those
6conditions.

7(2) The court, however, may commit a person with a
8developmental disability who is not a resident of this state under
9Section 4460 for the purpose of transportation of the person to the
10state of his or her legal residence pursuant to Section 4461. The
11State Department of Developmental Services shall receive the
12person committed to it and shall place the person in the placement
13ordered by the court.

14(c) If the person has at any time been found mentally
15incompetent pursuant to Chapter 6 (commencing with Section
161367) of Title 10 of Part 2 of the Penal Code arising out of a
17complaint charging a felony offense specified in Section 290 of
18the Penal Code, the court shall order the State Department of
19Developmental Services to give notice of that finding to the
20designated placement facility and the appropriate law enforcement
21agency or agencies having local jurisdiction at the site of the
22placement facility.

23(d) If thebegin insert Stateend insert Department of Developmental Services decides
24that a change in placement is necessary, it shallbegin delete notify in writingend delete
25begin insert notify, in writing,end insert the court of commitment, the district attorney,
26begin delete andend delete the attorney of record for thebegin delete personend deletebegin insert person,end insert and the regional
27center of its decision at least 15 days in advance of the proposed
28change in placement. The court may hold a hearing and (1) approve
29or disapprove of the change, or (2) take no action in which case
30the change shall be deemed approved. At the request of the district
31attorney or of the attorney for the person, a hearing shall be held.

32begin insert

begin insertSEC. 24.end insert  

end insert

begin insertSection 7505 of the end insertbegin insertWelfare and Institutions Codeend insertbegin insert is
33amended to read:end insert

34

7505.  

(a) Notwithstanding any otherbegin delete provision ofend delete law,
35commencing July 1, 2012, the State Department of Developmental
36Services shall not admit anyone to a developmental center unless
37the person has been determined eligible for services under Division
384.5 (commencing with Section 4500) and the person is:

P80   1(1) Committed by a court to Porterville Developmental Center,
2secure treatment program, pursuant to Section 1370.1 of the Penal
3Code.

4(2) Committed by a court to Fairview Developmental Center
5pursuant to Article 2 (commencing with Section 6500) of Chapter
62 of Part 2 of Division 6 due to an acute crisis, pursuant to Section
7 4418.7.

8(3) Committed by a court to Porterville Developmental Center,
9secure treatment program, pursuant to Article 2 (commencing with
10Section 6500) of Chapter 2 of Part 2 of Division 6 as a result of
11involvement with the criminal justice system, and the court has
12determined the person is mentally incompetent to stand trial.

13(4) A person described in Section 4508.

14(5) A juvenile committed to Porterville Developmental Center,
15secure treatment program, pursuant to Section 709.

16(b) Under no circumstances shall the State Department of
17Developmental Services admit a person to a developmental center
18after July 1, 2012, as a result of a criminal conviction orbegin delete whereend delete
19begin insert whenend insert the person is competent to stand trial for the criminal offense
20and the admission is ordered in lieu of trial.

begin insert

21(c) This section shall remain in effect only until January 1, 2015,
22and as of that date is repealed, unless a later enacted statute, that
23is enacted before January 1, 2015, deletes or extends that date.

end insert
24begin insert

begin insertSEC. 25.end insert  

end insert

begin insertSection 7505 is added to the end insertbegin insertWelfare and Institutions
25Code
end insert
begin insert, to read:end insert

begin insert
26

begin insert7505.end insert  

(a) Notwithstanding any other law, the State Department
27of Developmental Services shall not admit anyone to a
28developmental center unless the person has been determined
29eligible for services under Division 4.5 (commencing with Section
304500) and the person is:

31(1) Committed by a court to Porterville Developmental Center,
32secure treatment program, pursuant to Section 1370.1 of the Penal
33Code.

34(2) Committed by a court to the acute crisis center at Fairview
35Developmental Center, or the acute crisis center at Sonoma
36Developmental Center, pursuant to Article 2 (commencing with
37Section 6500) of Chapter 2 of Part 2 of Division 6 due to an acute
38crisis, pursuant to Section 4418.7.

39(3) Committed by a court to Porterville Developmental Center,
40secure treatment program, pursuant to Article 2 (commencing with
P81   1Section 6500) of Chapter 2 of Part 2 of Division 6 as a result of
2involvement with the criminal justice system, and the court has
3determined the person is mentally incompetent to stand trial.

4(4) A person described in Section 4508.

5(5) A juvenile committed to Porterville Developmental Center,
6secure treatment program, pursuant to Section 709.

7(b) Under no circumstances shall the State Department of
8Developmental Services admit a person to a developmental center
9after July 1, 2012, as a result of a criminal conviction or when the
10person is competent to stand trial for the criminal offense and the
11admission is ordered in lieu of trial.

12(c) This section shall become operative on January 1, 2015.

end insert
13begin insert

begin insertSEC. 26.end insert  

end insert
begin insert

Notwithstanding any other law, Item 4300-101-0001
14of Section 2.00 of the Budget Act of 2011 (Chapter 33 of the
15Statutes of 2011) is available for liquidation of encumbrances
16through June 30, 2015. The unencumbered balance of thirteen
17million forty-eight thousand dollars ($13,048,000) of the amount
18appropriated by Item 4300-101-0001 of Section 2.00 of the Budget
19Act of 2011 (Chapter 33 of the Statutes of 2011) is reappropriated
20for the purposes provided for in the appropriation and is available
21for encumbrance or expenditure until June 30, 2015, and for
22liquidation through June 30, 2017.

end insert
23begin insert

begin insertSEC. 27.end insert  

end insert
begin insert

No reimbursement is required by this act pursuant
24to Section 6 of Article XIII B of the California Constitution because
25the only costs that may be incurred by a local agency or school
26district will be incurred because this act creates a new crime or
27infraction, eliminates a crime or infraction, or changes the penalty
28for a crime or infraction, within the meaning of Section 17556 of
29the Government Code, or changes the definition of a crime within
30the meaning of Section 6 of Article XIII B of the California
31Constitution.

end insert
32begin insert

begin insertSEC. 28.end insert  

end insert
begin insert

This act is a bill providing for appropriations related
33to the Budget Bill within the meaning of subdivision (e) of Section
3412 of Article IV of the California Constitution, has been identified
35as related to the budget in the Budget Bill, and shall take effect
36immediately.

end insert
begin delete
37

SECTION 1.  

It is the intent of the Legislature to enact statutory
38changes relating to the Budget Act of 2014.

end delete


O

    98