Amended in Senate March 25, 2014

Senate Bill No. 1445

Introduced by Senator Evans

February 21, 2014

An act begin insert to amend Section 4512 of the Welfare and Institutions Code, end insert relating to developmental services.

LEGISLATIVE COUNSEL’S DIGEST

SB 1445, as amended, Evans. Developmental services: regional centers: individual program begin delete plans and individualized family service end delete plans: telehealth.

Under existing law, the Lanterman Developmental Disabilities Services Act, the State Department of Developmental Services contracts with regional centers to provide services and supports to individuals with developmental disabilities. The services and supports to be provided to a regional center consumer are contained in an individual program begin delete plan or individualized family service end delete plan, developed in accordance with prescribed requirements begin insert , and may include, but are not limited to, diagnosis, treatment, personal care, information and referral services, and counseling end insert .

This bill would begin delete state the intent of the Legislature to enact legislation to promote the use of telehealth services and supports for persons with developmental disabilities and to end delete include telehealth services and begin delete support as a type of services and support that may be in the individual program plans or the individualized family service plans end delete begin insert supports among the services and supports authorized to be included as part of an individual program plan end insert .

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

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

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 4512 of the end insert begin insert Welfare and Institutions Code end insert
begin insert is amended to read: end insert

4512.  

As used in this division:

(a) “Developmental disability” means a disability that originates
before an individual attains 18 years of age; continues, or can be
expected to continue, indefinitely; and constitutes a substantial
disability for that individual. As defined by the Director of
Developmental Services, in consultation with the Superintendent
of Public Instruction, this term shall include intellectual disability,
cerebral palsy, epilepsy, and autism. This term shall also include
disabling conditions found to be closely related to intellectual
disability or to require treatment similar to that required for
individuals with an intellectual disability, but shall not include
other handicapping conditions that are solely physical in nature.

(b) “Services and supports for persons with developmental
disabilities” means specialized services and supports or special
adaptations of generic services and supports directed toward the
alleviation of a developmental disability or toward the social,
personal, physical, or economic habilitation or rehabilitation of an
individual with a developmental disability, or toward the
achievement and maintenance of independent, productive, and
normal lives. The determination of which services and supports
are necessary for each consumer shall be made through the
individual program plan process. The determination shall be made
on the basis of the needs and preferences of the consumer or, when
appropriate, the consumer’s family, and shall include consideration
of a range of service options proposed by individual program plan
participants, the effectiveness of each option in meeting the goals
stated in the individual program plan, and the cost-effectiveness
of each option. Services and supports listed in the individual
program plan may include, but are not limited to, begin insert telehealth
services and support, as defined in Section 2290.5 of the Business
and Professions Code, end insert diagnosis, evaluation, treatment, personal
care, day care, domiciliary care, special living arrangements,
physical, occupational, and speech therapy, training, education,
supported and sheltered employment, mental health services,
recreation, counseling of the individual with a developmental
disability and of his or her family, protective and other social and
sociolegal services, information and referral services, follow-along
services, adaptive equipment and supplies, advocacy assistance,
including self-advocacy training, facilitation and peer advocates,
assessment, assistance in locating a home, child care, behavior
training and behavior modification programs, camping, community
integration services, community support, daily living skills training,
emergency and crisis intervention, facilitating circles of support,
habilitation, homemaker services, infant stimulation programs,
paid roommates, paid neighbors, respite, short-term out-of-home
care, social skills training, specialized medical and dental care,
supported living arrangements, technical and financial assistance,
travel training, training for parents of children with developmental
disabilities, training for parents with developmental disabilities,
vouchers, and transportation services necessary to ensure delivery
of services to persons with developmental disabilities. Nothing in
this subdivision is intended to expand or authorize a new or
different service or support for any consumer unless that service
or support is contained in his or her individual program plan.

(c) Notwithstanding subdivisions (a) and (b), for any
organization or agency receiving federal financial participation
under the federal Developmental Disabilities Assistance and Bill
of Rights Act of 2000, as amended, “developmental disability”
and “services for persons with developmental disabilities” mean
the terms as defined in the federal act to the extent required by
federal law.

(d) “Consumer” means a person who has a disability that meets
the definition of developmental disability set forth in subdivision
(a).

(e) “Natural supports” means personal associations and
relationships typically developed in the community that enhance
the quality and security of life for people, including, but not limited
to, family relationships, friendships reflecting the diversity of the
neighborhood and the community, associations with fellow students
or employees in regular classrooms and workplaces, and
associations developed through participation in clubs,
organizations, and other civic activities.

(f) “Circle of support” means a committed group of community
members, who may include family members, meeting regularly
with an individual with developmental disabilities in order to share
experiences, promote autonomy and community involvement, and
assist the individual in establishing and maintaining natural
supports. A circle of support generally includes a plurality of
members who neither provide nor receive services or supports for
persons with developmental disabilities and who do not receive
payment for participation in the circle of support.

(g) “Facilitation” means the use of modified or adapted
materials, special instructions, equipment, or personal assistance
by an individual, such as assistance with communications, that
will enable a consumer to understand and participate to the
maximum extent possible in the decisions and choices that effect
his or her life.

(h) “Family support services” means services and supports that
are provided to a child with developmental disabilities or his or
her family and that contribute to the ability of the family to reside
together.

(i) “Voucher” means any authorized alternative form of service
delivery in which the consumer or family member is provided with
a payment, coupon, chit, or other form of authorization that enables
the consumer or family member to choose his or her own service
provider.

(j) “Planning team” means the individual with developmental
disabilities, the parents or legally appointed guardian of a minor
consumer or the legally appointed conservator of an adult
consumer, the authorized representative, including those appointed
pursuant to subdivision (d) of Section 4548 and subdivision (e) of
Section 4705, one or more regional center representatives,
including the designated regional center service coordinator
pursuant to subdivision (b) of Section 4640.7, any individual,
including a service provider, invited by the consumer, the parents
or legally appointed guardian of a minor consumer or the legally
appointed conservator of an adult consumer, or the authorized
representative, including those appointed pursuant to subdivision
(d) of Section 4548 and subdivision (e) of Section 4705, and
including a minor’s, dependent’s, or ward’s court-appointed
developmental services decisionmaker appointed pursuant to
Section 319, 361, or 726.

(k) “Stakeholder organizations” means statewide organizations
representing the interests of consumers, family members, service
providers, and statewide advocacy organizations.

(l) “Substantial disability” means the existence of significant
functional limitations in three or more of the following areas of
major life activity, as determined by a regional center, and as
appropriate to the age of the person:

(1) Self-care.

(2) Receptive and expressive language.

(3) Learning.

(4) Mobility.

(5) Self-direction.

(6) Capacity for independent living.

(7) Economic self-sufficiency.

Any reassessment of substantial disability for purposes of
continuing eligibility shall utilize the same criteria under which
the individual was originally made eligible.

(m) “Native language” means the language normally used or
the preferred language identified by the individual and, when
appropriate, his or her parent, legal guardian or conservator, or
authorized representative.

begin delete

SECTION 1.  

It is the intent of the Legislature to enact
legislation to promote the use of telehealth services and supports
for persons with developmental disabilities and to include telehealth
services and support as a type of services and support that may be
in the individual program plans or the individualized family service
plans.

end delete