Amended in Senate June 16, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 109


Introduced by Committee on Budget (Weber (Chair), Bloom, Bonta, Campos, Chiu, Cooper, Gordon, Jones-Sawyer, McCarty, Mullin, Nazarian, O’Donnell, Rodriguez, Thurmond, Ting, and Williams)

January 9, 2015


begin deleteAn act relating to the Budget Act of 2015. end deletebegin insertAn act to add Section 14670.36 to the Government Code, to amend Sections 1267.75 and 1531.15 of the Health and Safety Code, to amend Sections 4418.25, 4474.1, 4519.5, 4629, 4646.5, 4648, 4681.6, 4684.81, 4685.8, 4691.6, 4691.9, and 7505, of, to add Section 4474.11 to, and to repeal and add Section 7502.5 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

AB 109, as amended, Committee on Budget. begin deleteBudget Act of 2015. end deletebegin insert Developmental Services.end insert

begin insert

(1) Existing law authorizes the Director of General Services, with the consent of the State Department of Developmental Services, to lease up to 60 acres located within the grounds of Fairview Developmental Center for a period of up to 55 years, for the purpose of developing affordable housing for the employees of, and transitional housing for patient-clients of, Fairview Developmental Center.

end insert
begin insert

This bill would additionally authorize the Director of General Services, with the consent of the Director of Developmental Services, to lease up to 20 acres located within the grounds of Fairview Developmental Center for a period of up to 55 years, at a price that will permit the development of affordable housing for people with developmental disabilities. The bill would require the proceeds of this housing project and the housing project described above to be deposited in Department of Developmental Services Trust Fund, which the bill would create. The bill would require that money in the fund be used, upon appropriation by the Legislature, to provide housing and transitional services for people with developmental disabilities, and would require that any funds not needed to support individuals with developmental disabilities be transferred to the General Fund.

end insert
begin insert

(2) Under existing law, the State Department of Public Health licenses and regulates various types of health facilities, including specified facilities for people with developmental disabilities. Under existing law the State Department of Social Services licenses community care facilities, including adult residential facilities or group homes that serve persons with developmental disabilities. Existing law authorizes a licensee of certain facilities to utilize secured perimeters, as defined. Existing law requires a person’s individual program planning team to meet annually and determine that placement in a facility with secured perimeters is appropriate. These facilities are required to serve no more than 15 residents and be eligible for, and serve clients eligible for, federal Medicaid funding.

end insert
begin insert

This bill would remove the requirement that facilities with secured perimeters be eligible for, and serve clients eligible for, Medicaid funding. The bill would also limit the facilities to serving no more than 6 residents, except as specified. This bill would require the individual program planning team to meet every 90 days after admission of an individual to a facility with secured perimeters to determine the appropriateness of the placement. This bill would prohibit the state from authorizing more than a combined total of 150 beds statewide in facilities with secured perimeters.

end insert
begin insert

(3) Existing law vests in the State Department of Developmental Services jurisdiction over state hospitals, referred to as developmental centers, for the provision of residential care to individuals with developmental disabilities. Existing law requires the department, when closing a developmental center, to comply with procedural requirements that include the submission of a detailed plan to the Legislature. Existing law specifies required information to be included in a plan, including the fiscal impact of the closure, the impact on residents and their families, and anticipated alternative placements for residents.

end insert
begin insert

This bill would require the department to submit to the Legislature, on or before October 1, 2015, a plan or plans to close one or more developmental centers, as specified. The bill would provide that implementation of that plan would be contingent upon legislative approval of the plan as part of the legislative budget process during the 2016-17 Regular Session of the Legislature. The bill would require the department, following approval of a closure plan, to provide quarterly briefings to specified legislative staff on progress related to the plan, as specified.

end insert
begin insert

Existing law limits the total number of developmental center residents in the secure treatment facility at Porterville Developmental Center to 230, including residents receiving services in the Porterville Developmental Center transition treatment program. Existing law prohibits the admission of a person to a developmental center except under certain circumstances, including when the person is a juvenile committed by a court to the secure treatment program at Porterville Developmental Center.

end insert
begin insert

This bill would instead authorize an individual to be admitted to the secure treatment facility at Porterville Developmental Center only when specified conditions are satisfied, including, among others, that the individual is at least 18 years of age. The bill would also provide that an individual may be admitted to the transitional treatment facility at Porterville Developmental Center when specified conditions are satisfied, and would prohibit the placement of an individual in the transitional treatment program for longer than necessary to procure a less restrictive placement. The bill would require the department to report to the Legislature on or before March 1, 2016, regarding transitional program residents who are placed in the program for more than one year.

end insert
begin insert

This bill would declare the intent of the Legislature that General Fund savings derived from the closure of developmental centers benefit persons with developmental disabilities living in the community. The bill would require the department to display annually in its budget estimates specified information related to the downsizing or closure of developmental centers, as specified.

end insert
begin insert

(4) Under existing law, the Lanterman Developmental Disabilities Services Act, the department is responsible for providing various services and supports to persons with developmental disabilities, and for ensuring the appropriateness and quality of those services and supports. Existing law authorizes the department to contract with regional centers to provide these services and supports. Existing law requires a regional center to develop an individual program plan for a person who, following intake and assessment, is found to be eligible for regional center services. Existing law specifies requirements related to the process of developing an individual program plan. Existing law requires a regional center to complete a plan within 60 days of the completion of the assessment.

end insert
begin insert

This bill would require a regional center to offer, and upon request provide, a written copy of the individual program plan to the consumer of services or other specified individuals in a threshold language, as defined, within 45 days of the request.

end insert
begin insert

Existing law requires the department and regional centers to annually collaborate to compile specified data relating to purchase of service authorization, utilization, and expenditure by each regional center. Existing law requires each regional center to annually report to the department regarding the regional center’s implementation of these requirements.

end insert
begin insert

This bill would require the department and regional centers to include in that data the number of instances when a written copy of an individual program plan is provided at the request of the consumer or other specified individuals in a language other than a threshold language, as defined, and that written copy was provided more than 60 days after the request. The bill would require the department to consult with stakeholders to achieve specified objectives related to reducing disparities and promoting equity in connection with providing the services and supports described above, and to report progress on those objectives to the Legislature during the 2016-17 annual legislative budget subcommittee hearing process.

end insert
begin insert

Existing law also requires the department to establish a statewide specialized resource service to reduce reliance on out-of-state placements, developmental centers, and mental health facilities for which federal funding is not available. Existing law requires the department to also annually provide to the fiscal and appropriate policy committees of the Legislature information on efforts to serve those consumers, as specified.

end insert
begin insert

This bill would require the department and each institution for mental disease that has admitted a regional center consumer to report annually to the contractor for regional center clients’ rights advocacy services, information related to those consumers served. The bill would also expand the information the department is required to report to the policy committees and the contractor, as specified.

end insert
begin insert

Existing law requires that contracts entered into with regional centers include annual performance objectives, including annual performance objectives that are specific, measurable, and designed to, among other things, develop services and supports identified as necessary to meet identified needs.

end insert
begin insert

This bill would include measuring progress in reducing disparities and improving equity in purchase of service expenditures in those annual performance objectives.

end insert
begin insert

(5) Existing law prohibits a regional center from purchasing new residential services from, or placing a consumer in, institutions for mental disease, regardless of the availability of federal funding. Existing law provides that the prohibition does not apply to emergencies, as determined by the regional center, and as otherwise specified. Under those circumstances, existing law requires the regional center to complete a comprehensive assessment, as specified.

end insert
begin insert

This bill would require an institution for mental disease that receives placement of a regional center consumer from another entity to inform the regional center of the placement, as specified. After notice is provided to the regional center, the bill would require the regional center to complete an assessment.

end insert
begin insert

(6) Existing law sets forth the department’s and the regional center’s authority to establish provider rates. Existing law prohibits certain provider rate increases, but authorizes increases to those rates as necessary to adjust employee wages to meet the state minimum wage law.

end insert
begin insert

Existing law generally provides that employees who, on or after July 1, 2015, work in California for 30 or more days within a year are entitled to a specified number of paid sick days.

end insert
begin insert

This bill would authorize adjustment in prescribed provider rates commencing July 1, 2015, if the adjustment is necessary to implement the requirement that employees be provided paid sick days.

end insert
begin insert

(7) Existing law requires the department to establish a pilot program, until January 1, 2020, for the operation of up to 6 enhanced behavioral supports homes for adults and children with developmental disabilities who need intensive services and supports due to challenging behaviors that cannot be managed in a community setting without the availability of enhanced behavioral services and supports.

end insert
begin insert

This bill would delete the restriction on the number of enhanced behavioral supports homes that the department may approve as part of the pilot project.

end insert
begin insert

(8) Existing law requires the department, contingent upon approval of federal funding, to establish and implement a state Self-Determination Program, as defined, that would be available in every regional center catchment area to provide participants and their families, within an individual budget, increased flexibility and choice, and greater control over decisions, resources, and needed and desired services and supports to implement their IPP, in accordance with prescribed requirements. The statewide program would be phased in over 3 years, serving up to 2,500 regional center consumers during the phase-in period, and thereafter, available on a voluntary basis to all eligible regional center consumers. Existing law requires the department to annually provide specified information to the appropriate policy and fiscal committees of the Legislature, including the number and characteristics of participants, by regional center.

end insert
begin insert

This bill would authorize the Department of Finance to approve, as specified, an increase to the number of consumers served by the Self-Determination Program before the end of the 3-year phase-in period. The bill would specify that following the phase-in period, the regional center consumers that the program is made available to would include residents in developmental centers who are moving to the community, and would require that the annual information provided by the department to the appropriate policy and fiscal committees of the Legislature include the number of participants who entered the program upon movement from a developmental center.

end insert
begin insert

(9) Existing law establishes the In-Home Supportive Services (IHSS) program, administered by the State Department of Social Services and counties, under which qualified aged, blind, and disabled persons are provided with services in order to permit them to remain in their own homes and avoid institutionalization. Existing federal law, the Fair Labor Standards Act (FLSA), and regulations promulgated under the FLSA, generally require that an employee covered by the act receive overtime pay for hours worked in excess of 40 hours in a workweek at a rate not less than 112 times the employee’s regular rate of pay, unless specifically exempted.

end insert
begin insert

The bill would require the department, when federal FLSA regulations regarding payment of overtime compensation are implemented in the state, to consult with specified entities to evaluate the impact of those regulations on consumers and providers of supported living services, in-home respite services, and personal assistants to persons with developmental disabilities. The bill would require the department to report on the progress of that evaluation and specified resulting actions or recommendations to the Legislature during the 2016-17 legislative budget subcommittee hearing process.

end insert
begin insert

(10) This bill would appropriate $61,554,000 from the General Fund to the department to fund expenditures for services provided by regional centers, as specified. The bill would provide that those funds shall be available for encumbrance and expenditure until June 30, 2016.

end insert
begin insert

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

end insert
begin delete

This bill would express the intent of the Legislature to enact statutory changes relating to the Budget Act of 2015.

end delete

Vote: majority. Appropriation: begin deleteno end deletebegin insertyesend insert. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: no.

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

P7    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 14670.36 is added to the end insertbegin insertGovernment
2Code
end insert
begin insert, end insertimmediately following Section 14670.35begin insert, to read:end insert

begin insert
3

begin insert14670.36.end insert  

(a) Notwithstanding any other law, the Director of
4General Services, with the consent of the Director of
5Developmental Services, may, in the best interests of the state, let
6to any person or entity real property not exceeding 20 acres located
7within the grounds of the Fairview Developmental Center for a
8period not to exceed 55 years, at a price that will permit the
9development of affordable housing for people with developmental
10disabilities.

11(b) Notwithstanding any other law, the lease authorized by this
12section may be assignable subject to approval by the Director of
13General Services, with the consent of the Director of
14Developmental Services. The lease shall do all of the following:

15(1) Provide housing for individuals who qualify based upon
16criteria established by the Department of Developmental Services.
17A minimum of 20 percent of the housing units developed shall be
18available and affordable to individuals with developmental
19disabilities served by a regional center pursuant to the Lanterman
20Developmental Disabilities Services Act (Chapter 1 (commencing
21with Section 4500) of Division 4.5 of the Welfare and Institutions
P8    1Code). When filling vacancies, priority for housing shall be given
2to individuals transitioning from a developmental center or at risk
3for admission to a developmental center.

4(2) Allow for lease revenues or other proceeds received by the
5state under the leases for projects authorized by this section and
6Section 14670.35, to be utilized by the Department of
7Developmental Services to support individuals with developmental
8disabilities, including subsidizing rents for those individuals.

9(3) Include provisions authorizing the Department of
10Developmental Services, or its designee, to provide management
11oversight and administration over the housing for individuals with
12developmental disabilities and the general operations of the project
13sufficient to assure the purposes of the lease are being carried out
14and to protect the financial interests of the state.

15(c) The Department of Developmental Services may share in
16proceeds, if any, generated from the overall operation of the project
17developed pursuant to this section. All proceeds received from the
18project authorized by this section and the project authorized by
19Section 14670.35, in accordance with the terms of the lease, shall
20be deposited in the Department of Developmental Services Trust
21Fund, which is hereby created in the State Treasury. Moneys in
22the Department of Developmental Services Trust Fund shall be
23used, upon appropriation by the Legislature, for the purpose of
24providing housing and transitional services for people with
25developmental disabilities. Any funds not needed to support
26individuals with developmental disabilities shall be transferred to
27the General Fund upon the order of the Director of Finance.

28(d) The Director of General Services, with the consent of the
29Director of Developmental Services, may enter into a lease
30pursuant to this section at less than market value, provided that
31the cost of administering the lease is recovered.

32(e) The project and lease, including off-site improvements
33directly related to the housing project authorized by this section,
34shall not be deemed a “public works contract” as defined by
35Section 1101 of the Public Contract Code. However, construction
36projects contemplated by the lease authorized by this section shall
37be considered “public works,” as defined by paragraph (1) of
38subdivision (a) of Section 1720 of the Labor Code, for the purpose
39of prevailing wage requirements.

end insert
P9    1begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 1267.75 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
2amended to read:end insert

3

1267.75.  

(a) A licensee of an intermediate care
4facility/developmentally disabled habilitative, as defined in
5subdivision (e) of Section 1250, or of an intermediate care
6facility/developmentally disabled, as defined in subdivision (g) of
7Section 1250, for no more thanbegin delete 15end deletebegin insert sixend insert residents,begin delete that is eligibleend delete
8begin insert exceptend insert forbegin delete and serving clients eligible for federal Medicaid funding
9may, withend delete
thebegin delete approval of the State Department of Public Health
10and contingent upon continued eligibility for federal Medicaid
11funding,end delete
begin insert larger facilities provided for in paragraph (1) of
12subdivision (k), mayend insert
install and utilize delayed egress devices of
13the time delay type in combination with secured perimeters in
14accordance with the provisions of this section.

15(b) For purposes of this section, the following definitions shall
16apply:

17(1) “Delayed egress device” means a device that precludes the
18use of exits for a predetermined period of time. These devices shall
19not delay any resident’s departure from the facility for longer than
2030 seconds.

21(2) “Secured perimeters” means fences that meet the
22requirements prescribed by this section.

23(c) Only individuals meeting all of the following conditions
24may be admitted to or reside in a facility described in subdivision
25(a) utilizing delayed egress devices of the time delay type in
26combination with secured perimeters:

27(1) The person shall have a developmental disability as defined
28in Section 4512 of the Welfare and Institutions Code.

29(2) The person shall be receiving services and case management
30from a regional center under the Lanterman Developmental
31Disabilities Services Act (Division 4.5 (commencing with Section
324500) of the Welfare and Institutions Code).

33(3) (A) The person shall be 14 years of age or older.

34(B) Notwithstanding subparagraph (A), a child who is at least
3510 years of age and less than 14 years of age may be placed in a
36licensed facility described in subdivision (a) using delayed egress
37devices of the time delay type in combination with secured
38perimeters only if both of the following occur:

39(i) A comprehensive assessment is conducted and an individual
40program plan meeting is convened to determine the services and
P10   1supports needed for the child to receive services in a less restrictive,
2unlocked residential setting in California, and the regional center
3requests assistance from the State Department of Developmental
4Services’ statewide specialized resource service to identify options
5to serve the child in a less restrictive, unlocked residential setting
6in California.

7(ii) The regional center requests placement of the child in a
8facility described in subdivision (a) using delayed egress devices
9of the time delay type in combination with secured perimeters on
10the basis that the placement is necessary to prevent out-of-state
11placement or placement in a more restrictive, locked residential
12settingbegin insert such as a developmental center, institution for mental
13disease, or psychiatric facility,end insert
and the State Department of
14Developmental Services approves the request.

15(4) begin insert (A)end insertbegin insertend insert An interdisciplinary team, through the individual
16program plan (IPP) process pursuant to Section 4646.5 of the
17Welfare and Institutions Code, shall have determined that the
18person lacks hazard awareness or impulse control and, for his or
19her safety and security, requires the level of supervision afforded
20by a facility equipped with delayed egress devices of the time delay
21type in combination with secured perimeters and that, but for this
22placement, the person would be at risk of admission to, or would
23have no option but to remain in, a more restrictive placement. The
24individual program planning team shallbegin insert convene every 90 days
25after admission toend insert
determinebegin insert and documentend insert the continued
26appropriateness of thebegin insert currentend insert placementbegin delete at least annually.end deletebegin insert and
27progress in implementing the transition plan.end insert

begin insert

28(B) The clients’ rights advocate for the regional center shall be
29notified of the proposed admission and the individual program
30plan meeting and may participate in the individual program plan
31meeting, unless the consumer objects on his or her own behalf.

end insert

32(d) The licensee shall be subject to all applicable fire and
33building codes, regulations, and standards, and shall receive
34approval by the county or city fire department, the local fire
35prevention district, or the State Fire Marshal for the installed
36devices and secured perimeters.

37(e) The licensee shall provide staff training regarding the use
38and operation of the delayed egress devices of the time delay type
39and secured perimeters, protection of residents’ personal rights,
P11   1lack of hazard awareness and impulse control behavior, and
2emergency evacuation procedures.

3(f) The licensee shall revise its facility plan of operation. These
4revisions shall first be approved by the State Department of
5Developmental Services. The plan of operation shall not be
6approved by the State Department of Public Health unless the
7licensee provides certification that the plan was approved by the
8State Department of Developmental Services. The plan shall
9include, but not be limited to, all of the following:

10(1) A description of how the facility is to be equipped with
11secured perimeters that are consistent with regulations adopted by
12the State Fire Marshal pursuant to Section 13143.6.

13(2) A description of how the facility will provide training for
14staff.

15(3) A description of how the facility will ensure the protection
16of the residents’ personal rights consistent with Sections 4502,
174503, and 4504 of the Welfare and Institutions Code, and any
18applicable personal rights provided in Title 22 of the California
19Code of Regulations.

20(4) A description of how the facility will manage residents’ lack
21of hazard awareness and impulse controlbegin delete behavior.end deletebegin insert behavior, which
22shall emphasize positive behavioral supports and techniques that
23are alternatives to physical, chemical, or mechanical restraints,
24or seclusion.end insert

25(5) A description of the facility’s emergency evacuation
26procedures.

begin insert

27(6) A description of how the facility will comply with applicable
28health and safety standards.

end insert

29(g) Delayed egress devices of the time delay type in combination
30with secured perimeters shall not substitute for adequate staff.

31(h) Emergency fire and earthquake drills shall be conducted on
32each shift in accordance with existing licensing requirements, and
33shall include all facility staff providing resident care and
34supervision on each shift.

35(i) Interior and exterior space shall be available on the facility
36premises to permit clients to move freely and safely.

37(j) For the purposes of using secured perimeters, the licensee
38shall not be required to obtain a waiver or exception to a regulation
39that would otherwise prohibit the locking of a perimeter fence or
40gate.

begin insert

P12   1(k) Except as provided in subdivision (k) of Section 4684.81 of
2the Welfare and Institutions Code, the state shall not authorize or
3fund more than a combined total of 150 beds statewide in facilities
4with secured perimeters under this section and under Section
51531.15. The department shall notify the appropriate fiscal and
6policy committees of the Legislature through the January and May
7budget estimates prior to authorizing an increase above a
8combined total of 100 beds statewide in facilities with secured
9perimeters under this section and under Section 1531.15.

end insert
begin insert

10(1) A minimum of 50 beds shall be available within programs
11designed for individuals who are designated incompetent to stand
12trial pursuant to Section 1370.1 of the Penal Code. These beds
13shall be within facilities that are exclusively used to provide care
14for individuals who are placed and participating in forensic
15competency training pursuant to Section 1370.1 of the Penal Code,
16except as provided in paragraph (2). No more than half of these
17facilities may have more than six beds and no facility may have
18more than 15 beds.

end insert
begin insert

19(2) When, in the joint determination of the regional center and
20the facility administrator, an individual would be most
21appropriately served in a specific program, regardless of whether
22the facility meets the criteria established in paragraph (1),
23individuals who are not similarly designated may be placed in the
24same facility. That placement may occur only when the individual’s
25planning team determines that the placement and the facility plan
26of operation meet the individual’s needs and that placement is not
27incompatible with the needs and safety of other facility residents.

end insert
begin delete

28(k)

end delete

29begin insert (end insertbegin insertlend insertbegin insert)end insert This section shall become operative only upon the filing of
30emergency regulations by the State Department of Developmental
31Services. These regulations shall be developed with stakeholders,
32including the State Department of Public Health, consumer
33advocates, and regional centers. The regulations shall establish
34program standards for homes that include delayed egress devices
35of the time delay type in combination with secured perimeters,
36including requirements and timelines for the completion and
37updating of a comprehensive assessment of the consumer’s needs,
38including the identification through the individual program plan
39process of the services and supports needed to transition the
40consumer to a less restrictive living arrangement, and a timeline
P13   1for identifying or developing those services and supports. The
2regulations shall establish a statewide limit on the total number of
3beds in homes with delayed egress devices of the time delay type
4in combination with secured perimeters. The adoption of these
5regulations shall be deemed to be an emergency and necessary for
6the immediate preservation of the public peace, health and safety,
7or general welfare.

begin delete

8(l)

end delete

9begin insert(m)end insert This section shall not apply to developmental centers and
10state-operated community facilities.

11begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 1531.15 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
12amended to read:end insert

13

1531.15.  

(a) A licensee of an adult residential facility or group
14home for no more thanbegin delete 15end deletebegin insert sixend insert residents,begin delete that is eligible for and
15serving clients eligible for federal Medicaid funding andend delete
begin insert except
16for the larger facilities provided for in paragraph (1) of subdivision
17(k), that isend insert
utilizing delayed egress devices pursuant to Section
181531.1, may install and utilize secured perimeters in accordance
19with the provisions of this section.

20(b) As used in this section, “secured perimeters” means fences
21that meet the requirements prescribed by this section.

22(c) Only individuals meeting all of the following conditions
23may be admitted to or reside in a facility described in subdivision
24(a) utilizing secured perimeters:

25(1) The person shall have a developmental disability as defined
26in Section 4512 of the Welfare and Institutions Code.

27(2) The person shall be receiving services and case management
28from a regional center under the Lanterman Developmental
29Disabilities Services Act (Division 4.5 (commencing with Section
304500) of the Welfare and Institutions Code).

31(3) (A) The person shall be 14 years of age or older, except as
32specified in subparagraph (B).

33(B) Notwithstanding subparagraph (A), a child who is at least
3410 years of age and less than 14 years of age may be placed in a
35licensed group home described in subdivision (a) using secured
36perimeters only if both of the following occur:

37(i) A comprehensive assessment is conducted and an individual
38program plan meeting is convened to determine the services and
39supports needed for the child to receive services in a less restrictive,
40unlocked residential setting in California, and the regional center
P14   1requests assistance from the State Department of Developmental
2Services’ statewide specialized resource service to identify options
3to serve the child in a less restrictive, unlocked residential setting
4in California.

5(ii) The regional center requests placement of the child in a
6licensed group home described in subdivision (a) using secured
7perimeters on the basis that the placement is necessary to prevent
8out-of-state placement or placement in a more restrictive, locked
9residential settingbegin insert such as a developmental center, institution for
10mental disease or psychiatric facility,end insert
and the State Department
11of Developmental Services approves the request.

12(4) The person is not a foster child under the jurisdiction of the
13juvenile court pursuant to Section 300, 450, 601, or 602 of the
14Welfare and Institutions Code.

15(5) begin insert (A)end insertbegin insertend insert An interdisciplinary team, through the individual
16program plan (IPP) process pursuant to Section 4646.5 of the
17Welfare and Institutions Code, shall have determined the person
18lacks hazard awareness or impulse control and, for his or her safety
19and security, requires the level of supervision afforded by a facility
20equipped with secured perimeters, and, but for this placement, the
21person would be at risk of admission to, or would have no option
22but to remain in, a more restrictive placement. The individual
23program planning team shallbegin insert convene every 90 days after admission
24toend insert
determinebegin insert and documentend insert the continued appropriateness of the
25begin insert currentend insert placementbegin delete at least annually.end deletebegin insert and progress in implementing
26the transition plan.end insert

begin insert

27(B) The clients’ rights advocate for the regional center shall be
28notified of the proposed admission and the individual program
29plan meeting and may participate in the individual program plan
30meeting unless the consumer objects on his or her own behalf.

end insert

31(d) The licensee shall be subject to all applicable fire and
32building codes, regulations, and standards, and shall receive
33approval by the county or city fire department, the local fire
34prevention district, or the State Fire Marshal for the installed
35secured perimeters.

36(e) The licensee shall provide staff training regarding the use
37and operation of the secured perimeters, protection of residents’
38personal rights, lack of hazard awareness and impulse control
39behavior, and emergency evacuation procedures.

P15   1(f) The licensee shall revise its facility plan of operation. These
2revisions shall first be approved by the State Department of
3Developmental Services. The plan of operation shall not be
4approved by the State Department of Social Services unless the
5licensee provides certification that the plan was approved by the
6State Department of Developmental Services. The plan shall
7include, but not be limited to, all of the following:

8(1) A description of how the facility is to be equipped with
9secured perimeters that are consistent with regulations adopted by
10the State Fire Marshal pursuant to Section 13143.6.

11(2) A description of how the facility will provide training for
12staff.

13(3) A description of how the facility will ensure the protection
14of the residents’ personal rights consistent with Sections 4502,
154503, and 4504 of the Welfare and Institutions Code, and any
16applicable personal rights provided in Title 22 of the California
17Code of Regulations.

18(4) A description of how the facility will manage residents’ lack
19of hazard awareness and impulse controlbegin delete behavior.end deletebegin insert behavior, which
20shall emphasize positive behavioral supports and techniques that
21are alternatives to physical, chemical, or mechanical restraints,
22or seclusion.end insert

23(5) A description of the facility’s emergency evacuation
24procedures.

begin insert

25(6) A description of how the facility will comply with applicable
26health and safety standards.

end insert

27(g) Secured perimeters shall not substitute for adequate staff.

28(h) Emergency fire and earthquake drills shall be conducted on
29each shift in accordance with existing licensing requirements, and
30shall include all facility staff providing resident care and
31supervision on each shift.

32(i) Interior and exterior space shall be available on the facility
33premises to permit clients to move freely and safely.

34(j) For the purpose of using secured perimeters, the licensee
35shall not be required to obtain a waiver or exception to a regulation
36that would otherwise prohibit the locking of a perimeter fence or
37gate.

begin insert

38(k) Except as provided in subdivision (k) of Section 4684.81 of
39the Welfare and Institutions Code, the state shall not authorize or
40fund more than a combined total of 150 beds statewide in facilities
P16   1with secured perimeters under this section and under Section
21267.75. The department shall notify the appropriate fiscal and
3policy committees of the Legislature through the January and May
4budget estimates prior to authorizing an increase above a
5combined total of 100 beds statewide in facilities with secured
6perimeters under this section and under Section 1267.75.

end insert
begin insert

7(1) A minimum of 50 beds shall be available within programs
8designed for individuals who are designated incompetent to stand
9trial pursuant to Section 1370.1 of the Penal Code. These beds
10shall be within facilities that are exclusively used to provide care
11for individuals who are placed and participating in forensic
12competency training pursuant to Section 1370.1 of the Penal Code,
13except as provided in paragraph (2). No more than half of these
14facilities may have more than six beds and no facility may have
15more than 15 beds.

end insert
begin insert

16(2) When, in the joint determination of the regional center and
17the facility administrator, an individual would be most
18appropriately served in a specific program, regardless of whether
19the facility meets the criteria established in paragraph (1),
20individuals who are not similarly designated may be placed in the
21same facility. That placement may occur only when the individual’s
22planning team determines that the placement and the facility plan
23of operation meet the individual’s needs and that placement is not
24incompatible with the needs and safety of other facility residents.

end insert
begin delete

25(k)

end delete

26begin insert (end insertbegin insertlend insertbegin insert)end insert This section shall become operative only upon the
27publication in Title 17 of the California Code of Regulations of
28emergency regulations filed by the State Department of
29Developmental Services. These regulations shall be developed
30with stakeholders, including the State Department of Social
31Services, consumer advocates, and regional centers. The regulations
32shall establish program standards for homes that include secured
33perimeters, including requirements and timelines for the completion
34and updating of a comprehensive assessment of each consumer’s
35needs, including the identification through the individual program
36plan process of the services and supports needed to transition the
37consumer to a less restrictive living arrangement, and a timeline
38for identifying or developing those services and supports. The
39regulations shall establish a statewide limit on the total number of
40beds in homes with secured perimeters. The adoption of these
P17   1regulations shall be deemed to be an emergency and necessary for
2the immediate preservation of the public peace, health and safety,
3or general welfare.

4begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 4418.25 of the end insertbegin insertWelfare and Institutions Codeend insert
5begin insert is amended to read:end insert

6

4418.25.  

(a) The department shall establish policies and
7procedures for the development of an annual community placement
8plan by regional centers. The community placement plan shall be
9based upon an individual program plan process as referred to in
10subdivision (a) of Section 4418.3 and shall be linked to the
11development of the annual State Budget. The department’s policies
12shall address statewide priorities, plan requirements, and the
13statutory roles of regional centers, developmental centers, and
14regional resource development projects in the process of assessing
15consumers for community living and in the development of
16community resources.

17(b) (1) To reduce reliance on developmental centers and mental
18health facilities, including institutions for mental disease as
19described in Part 5 (commencing with Section 5900) of Division
205, for which federal funding is not available, and out-of-state
21placements, the department shall establish a statewide specialized
22resource service that does all of the following:

23(A) Tracks the availability of specialty residential beds and
24services.

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

26(C) Coordinates the need for specialty services and supports in
27conjunction with regional centers.

28(D) Identifies, subject to federal reimbursement, developmental
29center services and supports that can be made available to
30consumers residing in the community, when no other community
31resource has been identified.

32(2) By September 1, 2012, regional centers shall provide the
33department with information about all specialty resources
34developed with the use of community placement plan funds and
35shall make these resources available to other regional centers.

36(3) When allocating funding for community placement plans,
37priority shall be given to the development of needed statewide
38specialty services and supports, including regional community
39crisis homes.

P18   1(4) If approved by the director, funding may be allocated to
2facilities that meet the criteria of Sections 1267.75 and 1531.15
3of the Health and Safety Code.

4(5) The department shall not provide community placement
5plan funds to develop programs that are ineligible for federal
6funding participation unless approved by the director.

7(c) (1) The community placement plan shall provide for
8dedicated funding for comprehensive assessments of developmental
9center residents, for identified costs of moving individuals from
10developmental centers to the community, and for deflection of
11individuals from developmental center admission. The plans shall,
12where appropriate, include budget requests for regional center
13operations, assessments, resource development, and ongoing
14placement costs. These budget requests are intended to provide
15supplemental funding to regional centers. The plan is not intended
16to limit the department’s or regional centers’ responsibility to
17otherwise conduct assessments and individualized program
18planning, and to provide needed services and supports in the least
19restrictive, most integrated setting in accord with the Lanterman
20Developmental Disabilities Services Act (Division 4.5
21(commencing with Section 4500)).

22(2) (A) Regional centers shall complete a comprehensive
23assessment of any consumer residing in a developmental center
24on July 1, 2012, who meets both of the following criteria:

25(i) The consumer is not committed pursuant to Section 1370.1
26of the Penal Code.

27(ii) The consumer has not had such an assessment in the prior
28two years.

29(B) The assessment shall include input from the regional center,
30the consumer, and, when appropriate, the consumer’s family, legal
31guardian, conservator, or authorized representative, and shall
32identify the types of community-based services and supports
33available to the consumer that would enable the consumer to move
34to a community setting. Necessary services and supports not
35currently available in the community setting shall be considered
36for development pursuant to community placement planning and
37funding.

38(C) Regional centers shall specify in the annual community
39placement plan how they will complete the required assessment
40and the timeframe for completing the assessment for each
P19   1consumer. Initial assessments pursuant to this paragraph for
2individuals residing in a developmental center on July 1, 2012,
3shall be completed by December 31, 2015, unless a regional center
4demonstrates to the department that an extension of time is
5necessary and the department grants such an extension.

6(D) The assessment completed in the prior two years, or the
7assessment completed pursuant to the requirements of this section,
8including any updates pursuant to subparagraph (E), shall be
9provided to both of the following:

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

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 center’s
19written 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.

25(E) The assessments described in subparagraph (D) shall be
26updated annually as part of the individual program planning process
27for as long as the consumer resides in the developmental center.
28To the extent appropriate, the regional center shall also provide
29relevant information from the statewide specialized resource
30service. The regional center shall notify the clients’ rights advocate
31for the regional center of the time, date, and location of each
32individual program plan meeting that includes discussion of the
33results 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.

39(d) The department shall review, negotiate, and approve regional
40center community placement plans for feasibility and
P20   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 thebegin delete Legislatureend delete
22begin insert Legislature, and to the contractor for regional center clients’ rights
23advocacy services under Section 4433,end insert
information on efforts to
24serve consumers with challenging service needs, including, but
25not limited to, all of the following:

26(1) For each regional center, the number of consumers admitted
27to each developmental center, including the legal basis for the
28admissions.

29(2) For each regional center, the number of consumers described
30in paragraph (2) of subdivision (a) of Section 7505 who were
31admitted to Fairview Developmental Center by court order pursuant
32to Article 2 (commencing with Section 6500) of Chapter 2 of Part
332 of Division 6, and the number and lengths of stay of consumers,
34including those who have transitioned back to a community living
35arrangement.

36(3) Outcome data related to the assessment process set forth in
37Section 4418.7, including the number of consumers who received
38assessments pursuant to Section 4418.7 and the outcomes of the
39assessments. Each regional center, commencing March 1, 2013,
40and then on February 1, 2014, and on February 1 annually
P21   1thereafter, shall provide the department with information on
2alternative community services and supports provided to those
3consumers who were able to remain in the community following
4the assessments, and the unmet service needs that resulted in any
5consumers being admitted to Fairview Developmental Center.

6(4) Progress in the development of needed statewide specialty
7services and supports, including regional community crisis options,
8as provided in paragraph (3) of subdivision (b). Each regional
9center shall provide the department with a report containing the
10information described in this paragraph commencing March 1,
112013, and then on February 1, 2014, and on February 1 annually
12thereafter.

13(5) Progress in reducing reliance on mental health facilities
14ineligible for federal Medicaid funding, and out-of-state
15begin delete placements.end deletebegin insert placements, including information on the utilization
16of those facilities, which shall include, by regional center, all of
17the following:end insert

begin insert

18(A) The total number and age range of consumers placed in
19those facilities.

end insert
begin insert

20(B) The number of admissions.

end insert
begin insert

21(C) The reasons for admissions by category, including, but not
22limited to, incompetent-to-stand-trial (IST) commitment, Section
236500 commitment, crisis stabilization, and lack of appropriate
24community placement.

end insert
begin insert

25(D) The lengths of stay of consumers.

end insert
begin insert

26(E) The type of facility.

end insert

27(6) Information on the utilization of facilities serving consumers
28with challenging service needs that utilize delayed egress devices
29and secured perimeters, pursuant to Section 1267.75 or 1531.15
30of the Health and Safety Code, including the number of admissions,
31reasons for admissions, and lengths of stay of consumers, including
32those who have transitioned to less restrictive living arrangements.

33(7) If applicable, any recommendations regarding additional
34rate exceptions or modifications beyond those allowed for under
35existing law that the department identifies as necessary to meet
36the needs of consumers with challenging service needs.

37(g) Each regional center, commencing March 1, 2013, and then
38on February 1, 2014, and on February 1 annually thereafter, shall
39provide information to the department regarding the facilities
40described in paragraph (6) of subdivision (f), including, but not
P22   1limited to, the number of admissions, reasons for admissions, and
2lengths of stay of consumers, including those who have transitioned
3to less restrictive living arrangements.

begin insert

4(h) Each institution for mental disease that has admitted a
5regional center consumer in the preceding year shall report on
6February 1, 2016, and on February 1 annually thereafter, to the
7contractor for regional center clients’ rights advocacy services
8under Section 4433, all of the following:

end insert
begin insert

9(A) The total number and age of consumers placed in that
10facility.

end insert
begin insert

11(B) The number of admissions.

end insert
begin insert

12(C) The reasons for admissions by category.

end insert
begin insert

13(D) The lengths of stay of consumers.

end insert
begin insert

14(E) The funding source.

end insert
15begin insert

begin insertSEC. 5.end insert  

end insert

begin insertSection 4474.1 of the end insertbegin insertWelfare and Institutions Codeend insert
16begin insert is amended to read:end insert

17

4474.1.  

(a) Whenever the State Department of Developmental
18Services proposes the closure of a state developmental center, the
19department shall be required to submit a detailed plan to the
20Legislature not later than April 1 immediately prior to the fiscal
21year in which the plan is to be implemented, and as a part of the
22Governor’s proposed budget. A plan submitted to the Legislature
23pursuant to this section, including any modifications made pursuant
24to subdivision (b), shall not be implemented without the approval
25of the Legislature.

26(b) A plan submitted on or before April 1 immediately prior to
27the fiscal year in which the plan is to be implemented may be
28subsequently modified during the legislative review process.

29(c) Prior to submission of the plan to the Legislature, the
30department shall solicit input from the State Council on
31Developmental Disabilities, the Association of Regional Center
32Agencies, the protection and advocacy agency specified in Section
334901, the local regional center, consumers living in the
34developmental center, parents, family members, guardians, and
35conservators of persons living in the developmental centers or their
36representative organizations, persons with developmental
37disabilities living in the community, developmental center
38employees and employee organizations, community care providers,
39the affected city and county governments, and business and civic
P23   1organizations, as may be recommended by local state Senate and
2Assembly representatives.

3(d) Prior to the submission of the plan to the Legislature, the
4department shall confer with the county in which the developmental
5center is located, the regional centers served by the developmental
6center, and other state departments using similar occupational
7classifications, to develop a program for the placement of staff of
8the developmental center planned for closure in other
9developmental centers, as positions become vacant, or in similar
10positions in programs operated by, or through contract with, the
11county, regional centers, or other statebegin delete departments.end deletebegin insert departments,
12including, but not limited to, the Community State Staff Program,
13use of state staff for mobile health and crisis teams in the
14community, and use of state staff in new state-operated models
15that may be developed as a component of the closure plan.end insert

begin insert

16(e) Prior to the submission of the plan to the Legislature, the
17department shall confer with the county in which the development
18center is located, and shall consider recommendations for the use
19of the developmental center property.

end insert
begin delete

20(e)

end delete

21begin insert(f)end insert Prior to the submission of the plan to the Legislature, the
22department shall hold at least one public hearing in the community
23in which the developmental center is located, with public comment
24from that hearing summarized in the plan.

begin delete

25(f)

end delete

26begin insert(g)end insert The plan submitted to the Legislature pursuant to this section
27shall include all of the following:

28(1) A description of the land and buildingsbegin delete affected.end deletebegin insert at the
29developmental center.end insert

30(2) A description of existing lease arrangements at the
31developmental center.

begin insert

32(3) A description of resident characteristics, including, but not
33limited to, age, gender, ethnicity, family involvement, years of
34developmental center residency, developmental disability, and
35other factors that will determine service and support needs.

end insert
begin insert

36(4) A description of stakeholder input provided pursuant to
37subdivisions (c), (d), and (e), including a description of local issues,
38concerns, and recommendations regarding the proposed closure,
39and alternative uses of the developmental center property.

end insert
begin delete

40(3)

end delete

P24   1begin insert(5)end insert The impact on residents and their families.

begin insert

2(6) A description of the unique and specialized services provided
3by the developmental center, including, but not limited to, crisis
4facilities, health and dental clinics, and adaptive technology
5services.

end insert
begin insert

6(7) A description of the assessment process and community
7placement decision process that will ensure necessary services
8and supports are in place prior to a resident transitioning into the
9community.

end insert
begin delete

10(4)

end delete

11begin insert(8)end insert Anticipated alternative placements for residents.

begin insert

12(9) A description of how the department will transition the
13clients’ rights advocacy contract provided at the developmental
14center pursuant to Section 4433 to the community.

end insert
begin insert

15(10) A description of how the well-being of the residents will
16be monitored during and following their transition into the
17community.

end insert
begin delete

18(5)

end delete

19begin insert(11)end insert The impact on regional center services.

begin delete

20(6)

end delete

21begin insert(12)end insert Where services will be obtained that, upon closure of the
22developmental center, will no longer be provided by that facility.

begin delete

23(7)

end delete

24begin insert(13)end insertbegin delete Potentialend deletebegin insert A description of the potentialend insert job opportunities
25for developmental centerbegin insert employees, activities the department will
26undertake to supportend insert
employeesbegin insert through the closure process,end insert and
27other efforts made to mitigate the effect of the closure on
28employees.

begin delete

29(8)

end delete

30begin insert(14)end insert The fiscal impact of the closure.

begin delete

31(9)

end delete

32begin insert(15)end insert The timeframe in which closure will be accomplished.

33begin insert

begin insertSEC. 6.end insert  

end insert

begin insertSection 4474.11 is added to the end insertbegin insertWelfare and Institutions
34Code
end insert
begin insert, end insertimmediately following Section 4474.1begin insert, to read:end insert

begin insert
35

begin insert4474.11.end insert  

(a) Notwithstanding any other law, on or before
36October 1, 2015, the Department of Developmental Services shall
37submit to the Legislature a plan or plans to close one or more
38developmental centers. The plan or plans shall meet the
39requirements of subdivisions (c) to (g), inclusive of Section 4474.1,
40and shall be posted on the department’s Internet Web site. The
P25   1department may develop community resources and otherwise
2engage in activities for transitioning developmental center
3residents into the community, and utilize funds allocated for that
4purpose as part of the annual Budget Act that is enacted at the
52015-16 Regular Session of the Legislature. Implementation of a
6plan following the 2015-16 fiscal year is contingent upon
7legislative approval of the plan as part of the legislative budget
8process during the 2016-17 Regular Session of the Legislature.

9(b) A plan submitted to the Legislature pursuant to this section
10may subsequently be modified during the legislative review process.
11Modifications may include changes based on stakeholder and
12county-designated advisory group comments, as well as
13recommendations made by the county in which the developmental
14center is located.

end insert
15begin insert

begin insertSEC. 7.end insert  

end insert

begin insertSection 4519.5 of the end insertbegin insertWelfare and Institutions Codeend insert
16begin insert is amended to read:end insert

17

4519.5.  

(a) The department and the regional centers shall
18annually collaborate to compile data in a uniform manner relating
19to purchase of service authorization, utilization, and expenditure
20by each regional center with respect to all of the following:

21(1) The age of consumer, categorized by the following:

22(A) Birth to age two, inclusive.

23(B) Three to 21, inclusive.

24(C) Twenty-two and older.

25(2) Race or ethnicity of the consumer.

26(3) Primary language spoken by the consumer, and other related
27details, as feasible.

28(4) Disability detail, in accordance with the categories
29established by subdivision (a) of Section 4512, and, if applicable,
30a category specifying that the disability is unknown.

31(5) Residence type, subcategorized by age, race or ethnicity,
32and primary language.

begin insert

33(6) Number of instances when the written copy of the individual
34program plan was provided at the request of the consumer and,
35when appropriate, his or her parents, legal guardian or
36conservator, or authorized representative, in a language other
37than a threshold language, as defined by paragraph (3) of
38subdivision (a) of Section 1810.410 of Title 9 of the California
39Code of Regulations, if that written copy was provided more than
4060 days after the request.

end insert

P26   1(b) The data reported pursuant to subdivision (a) shall also
2include the number and percentage of individuals, categorized by
3age, race or ethnicity, and disability, and by residence type, as set
4forth in paragraph (5) of subdivision (a), who have been determined
5to be eligible for regional center services but are not receiving
6purchase of service funds.

7(c) By March 31, 2013, each regional center shall post the data
8described in this section that is specific to the regional center on
9its Internet Web site. Commencing on December 31, 2013, each
10regional center shall annually post this data by December 31. Each
11regional center shall maintain all previous years’ data on its Internet
12Web site.

13(d) By March 31, 2013, the department shall post the information
14described in this section on a statewide basis on its Internet Web
15site. Commencing December 31, 2013, the department shall
16annually post this information by December 31. The department
17shall maintain all previous years’ data on its Internet Web site.
18The department shall also post notice of any regional center
19stakeholder meetings on its Internet Web site.

20(e) Within three months of compiling the data with the
21department, and annually thereafter, each regional center shall
22meet with stakeholders in one or more public meetings regarding
23the data. The meeting or meetings shall be held separately from
24any meetings held pursuant to Section 4660. The regional center
25shall provide participants of these meetings with the data and any
26associated information, and shall conduct a discussion of the data
27and the associated information in a manner that is culturally and
28linguistically appropriate for that community, including providing
29 alternative communication services, as required by Sections 11135
30to 11139.7, inclusive, of the Government Code and implementing
31regulations. Regional centers shall inform the department of the
32scheduling of those public meetings 30 days prior to the meeting.
33Notice of the meetings shall also be posted on the regional center’s
34Internet Web site 30 days prior to the meeting and shall be sent to
35individual stakeholders and groups representing underserved
36communities in a timely manner. Each regional center shall, in
37holding the meetings required by this subdivision, consider the
38language needs of the community and shall schedule the meetings
39at times and locations designed to result in a high turnout by the
40public and underserved communities.

P27   1(f) (1) Each regional center shall annually report to the
2department regarding its implementation of the requirements of
3this section. The report shall include, but shall not be limited to,
4all of the following:

5(A) Actions the regional center took to improve public
6attendance and participation at stakeholder meetings, including,
7but not limited to, attendance and participation by underserved
8communities.

9(B) Copies of minutes from the meeting and attendee comments.

10(C) Whether the data described in this section indicates a need
11to reduce disparities in the purchase of services among consumers
12in the regional center’s catchment area. If the data does indicate
13that need, the regional center’s recommendations and plan to
14promote equity, and reduce disparities, in the purchase of services.

15(2) Each regional center and the department shall annually post
16the reports required by paragraph (1) on its Internet Web site by
17August 31.

begin insert

18(g) (1) The department shall consult with stakeholders,
19including consumers and families that reflect the ethnic and
20language diversity of regional center consumers, regional centers,
21advocates, providers, the protection and advocacy agency
22described in Section 4901, and those entities designated as
23University Centers for Excellence in Developmental Disabilities
24Education, Research, and Service pursuant to Section 15061 of
25Title 42 of the United States Code, to achieve the following
26objectives:

end insert
begin insert

27(A) Review the data compiled pursuant to subdivision (a).

end insert
begin insert

28(B) Identify barriers to equitable access to services and supports
29among consumers and develop recommendations to help reduce
30disparities in purchase of service expenditures.

end insert
begin insert

31(C) Encourage the development and expansion of culturally
32appropriate services, service delivery, and service coordination.

end insert
begin insert

33(D) Identify best practices to reduce disparity and promote
34equity.

end insert
begin insert

35(2) The department shall report the status of its efforts to satisfy
36the requirements of paragraph (1) during the 2016-17 legislative
37budget subcommittee hearing process.

end insert
38begin insert

begin insertSEC. 8.end insert  

end insert

begin insertSection 4629 of the end insertbegin insertWelfare and Institutions Codeend insertbegin insert is
39amended to read:end insert

P28   1

4629.  

(a) The state shall enter into five-year contracts with
2regional centers, subject to the annual appropriation of funds by
3the Legislature.

4(b) The contracts shall include a provision requiring each
5regional center to render services in accordance with applicable
6provision of state laws and regulations.

7(c) (1) The contracts shall include annual performance
8objectives that shall do both of the following:

9(A) Be specific, measurable, and designed to do all of the
10following:

11(i) Assist consumers to achieve life quality outcomes.

12(ii) Achieve meaningful progress above the current baselines.

13(iii) Develop services and supports identified as necessary to
14meet identified needs, including culturally and linguistically
15appropriate services and supports.

begin insert

16(iv) Measure progress in reducing disparities and improving
17equity in purchase of service expenditures.

end insert

18(B) Be developed through a public process as described in the
19department’s guidelines that includes, but is not limited to, all of
20the following:

21(i) Providing information, in an understandable form, to the
22community about regional center services and supports, including
23budget information and baseline data on services and supports and
24regional center operations.

25(ii) Conducting a public meeting where participants can provide
26input on performance objectives and using focus groups or surveys
27to collect information from the community.

28(iii) Circulating a draft of the performance objectives to the
29community for input prior to presentation at a regional center board
30meeting where additional public input will be taken and considered
31before adoption of the objectives.

32(2) In addition to the performance objectives developed pursuant
33to this section, the department may specify in the performance
34contract additional areas of service and support that require
35development or enhancement by the regional center. In determining
36those areas, the department shall consider public comments from
37individuals and organizations within the regional center catchment
38area, the distribution of services and supports within the regional
39center catchment area, and review how the availability of services
P29   1and supports in the regional area catchment area compares with
2other regional center catchment areas.

3(d) Each contract with a regional center shall specify steps to
4be taken to ensure contract compliance, including, but not limited
5to, all of the following:

6(1) Incentives that encourage regional centers to meet or exceed
7performance standards.

8(2) Levels of probationary status for regional centers that do
9not meet, or are at risk of not meeting, performance standards. The
10department shall require that corrective action be taken by any
11regional center which is placed on probation. Corrective action
12may include, but is not limited to, mandated consultation with
13designated representatives of the Association of Regional Center
14Agencies or a management team designated by the department, or
15both. The department shall establish the specific timeline for the
16implementation of corrective action and monitor its
17implementation. When a regional center is placed on probation,
18the department shall provide the state council and the clients’ rights
19advocacy contractor identified in Section 4433 with a copy of the
20correction plan, timeline, and any other action taken by the
21department relating to the probationary status of the regional center.

22(e) In order to evaluate the regional center’s compliance with
23its contract performance objectives and legal obligations related
24to those objectives, the department shall do both of the following:

25(1) Annually assess each regional center’s achievement of its
26 previous year’s objectives and make the assessment, including
27baseline data and performance objectives of the individual regional
28centers, available to the public. The department may make a special
29commendation of the regional centers that have best engaged the
30community in the development of contract performance objectives
31and have made the most meaningful progress in meeting or
32exceeding contract performance objectives.

33(2) Monitor the activities of the regional center to ensure
34compliance with the provisions of its contracts, including, but not
35limited to, reviewing all of the following:

36(A) The regional center’s public process for compliance with
37the procedures set forth in paragraph (2) of subdivision (c).

38(B) Each regional center’s performance objectives for
39compliance with the criteria set forth in paragraphs (1) and (2) of
40subdivision (c).

P30   1(C) Any public comments on regional center performance
2objectives sent to the department or to the regional centers, and
3soliciting public input on the public process and final performance
4standards.

5(f) The renewal of each contract shall be contingent upon
6compliance with the contract including, but not limited to, the
7performance objectives, as determined through the department’s
8evaluation.

9begin insert

begin insertSEC. 9.end insert  

end insert

begin insertSection 4646.5 of the end insertbegin insertWelfare and Institutions Codeend insert
10begin insert is amended to read:end insert

11

4646.5.  

(a) The planning process for the individual program
12plan described in Section 4646 shall include all of the following:

13(1) Gathering information and conducting assessments to
14determine the life goals, capabilities and strengths, preferences,
15barriers, and concerns or problems of the person with
16developmental disabilities. For children with developmental
17disabilities, this process should include a review of the strengths,
18preferences, and needs of the child and the family unit as a whole.
19Assessments shall be conducted by qualified individuals and
20performed in natural environments whenever possible. Information
21shall be taken from the consumer, his or her parents and other
22family members, his or her friends, advocates, authorized
23representative, if applicable, providers of services and supports,
24and other agencies. The assessment process shall reflect awareness
25of, and sensitivity to, the lifestyle and cultural background of the
26consumer and the family.

27(2) A statement of goals, based on the needs, preferences, and
28life choices of the individual with developmental disabilities, and
29a statement of specific, time-limited objectives for implementing
30the person’s goals and addressing his or her needs. These objectives
31shall be stated in terms that allow measurement of progress or
32monitoring of service delivery. These goals and objectives should
33maximize opportunities for the consumer to develop relationships,
34be part of community life in the areas of community participation,
35housing, work, school, and leisure, increase control over his or her
36life, acquire increasingly positive roles in community life, and
37develop competencies to help accomplish these goals.

38(3) When developing individual program plans for children,
39regional centers shall be guided by the principles, process, and
40services and support parameters set forth in Section 4685.

P31   1(4) When developing an individual program plan for a transition
2age youth or working age adult, the planning team shall consider
3the Employment First Policy described in Chapter 14 (commencing
4with Section 4868).

5(5) A schedule of the type and amount of services and supports
6to be purchased by the regional center or obtained from generic
7agencies or other resources in order to achieve the individual
8program plan goals and objectives, and identification of the
9provider or providers of service responsible for attaining each
10objective, including, but not limited to, vendors, contracted
11providers, generic service agencies, and natural supports. The
12individual program plan shall specify the approximate scheduled
13start date for services and supports and shall contain timelines for
14actions necessary to begin services and supports, including generic
15services.begin insert In addition to the requirements of subdivision (h) of
16Section 4646, each regional center shall offer, and upon request
17provide, a written copy of the individual program plan to the
18consumer, and, when appropriate, his or her parents, legal
19guardian or conservator, or authorized representative within 45
20days of their request in a threshold language, as defined by
21paragraph (3) of subdivision (a) of Section 1810.410 of Title 9 of
22the California Code of Regulations.end insert

23(6) When agreed to by the consumer, the parents, legally
24appointed guardian, or authorized representative of a minor
25consumer, or the legally appointed conservator of an adult
26consumer or the authorized representative, including those
27appointed pursuant to subdivision (a) of Section 4541, subdivision
28(b) of Section 4701.6, and subdivision (e) of Section 4705, a review
29of the general health status of the adult or child, including medical,
30dental, and mental health needs, shall be conducted. This review
31shall include a discussion of current medications, any observed
32side effects, and the date of the last review of the medication.
33Service providers shall cooperate with the planning team to provide
34any information necessary to complete the health status review. If
35any concerns are noted during the review, referrals shall be made
36to regional center clinicians or to the consumer’s physician, as
37appropriate. Documentation of health status and referrals shall be
38made in the consumer’s record by the service coordinator.

39(7) (A) The development of a transportation access plan for a
40consumer when all of the following conditions are met:

P32   1(i) The regional center is purchasing private, specialized
2transportation services or services from a residential, day, or other
3provider, excluding vouchered service providers, to transport the
4consumer to and from day or work services.

5(ii) The planning team has determined that a consumer’s
6community integration and participation could be safe and
7enhanced through the use of public transportation services.

8(iii) The planning team has determined that generic
9transportation services are available and accessible.

10(B) To maximize independence and community integration and
11participation, the transportation access plan shall identify the
12services and supports necessary to assist the consumer in accessing
13public transportation and shall comply with Section 4648.35. These
14services and supports may include, but are not limited to, mobility
15training services and the use of transportation aides. Regional
16centers are encouraged to coordinate with local public
17transportation agencies.

18(8) A schedule of regular periodic review and reevaluation to
19ascertain that planned services have been provided, that objectives
20have been fulfilled within the times specified, and that consumers
21and families are satisfied with the individual program plan and its
22implementation.

23(b) For all active cases, individual program plans shall be
24reviewed and modified by the planning team, through the process
25described in Section 4646, as necessary, in response to the person’s
26achievement or changing needs, and no less often than once every
27three years. If the consumer or, where appropriate, the consumer’s
28parents, legal guardian, authorized representative, or conservator
29requests an individual program plan review, the individual program
30shall be reviewed within 30 days after the request is submitted.

31(c) (1) The department, with the participation of representatives
32of a statewide consumer organization, the Association of Regional
33Center Agencies, an organized labor organization representing
34service coordination staff, and the state council shall prepare
35training material and a standard format and instructions for the
36preparation of individual program plans, which embody an
37approach centered on the person and family.

38(2) Each regional center shall use the training materials and
39format prepared by the department pursuant to paragraph (1).

P33   1(3) The department shall biennially review a random sample of
2individual program plans at each regional center to ensure that
3these plans are being developed and modified in compliance with
4Section 4646 and this section.

5begin insert

begin insertSEC. 10.end insert  

end insert

begin insertSection 4648 of the end insertbegin insertWelfare and Institutions Codeend insertbegin insert is
6amended to read:end insert

7

4648.  

In order to achieve the stated objectives of a consumer’s
8individual program plan, the regional center shall conduct activities,
9including, but not limited to, all of the following:

10(a) Securing needed services and supports.

11(1) It is the intent of the Legislature that services and supports
12assist individuals with developmental disabilities in achieving the
13greatest self-sufficiency possible and in exercising personal
14choices. The regional center shall secure services and supports
15that meet the needs of the consumer, as determined in the
16consumer’s individual program plan, and within the context of the
17individual program plan, the planning team shall give highest
18preference to those services and supports which would allow
19 minors with developmental disabilities to live with their families,
20adult persons with developmental disabilities to live as
21independently as possible in the community, and that allow all
22consumers to interact with persons without disabilities in positive,
23meaningful ways.

24(2) In implementing individual program plans, regional centers,
25through the planning team, shall first consider services and supports
26in natural community, home, work, and recreational settings.
27Services and supports shall be flexible and individually tailored
28to the consumer and, where appropriate, his or her family.

29(3) A regional center may, pursuant to vendorization or a
30contract, purchase services or supports for a consumer from any
31individual or agency that the regional center and consumer or,
32when appropriate, his or her parents, legal guardian, or conservator,
33or authorized representatives, determines will best accomplish all
34or any part of that consumer’s program plan.

35(A) Vendorization or contracting is the process for identification,
36selection, and utilization of service vendors or contractors, based
37on the qualifications and other requirements necessary in order to
38provide the service.

39(B) A regional center may reimburse an individual or agency
40for services or supports provided to a regional center consumer if
P34   1the individual or agency has a rate of payment for vendored or
2contracted services established by the department, pursuant to this
3division, and is providing services pursuant to an emergency
4vendorization or has completed the vendorization procedures or
5has entered into a contract with the regional center and continues
6to comply with the vendorization or contracting requirements. The
7director shall adopt regulations governing the vendorization process
8to be utilized by the department, regional centers, vendors, and
9the individual or agency requesting vendorization.

10(C) Regulations shall include, but not be limited to: the vendor
11application process, and the basis for accepting or denying an
12application; the qualification and requirements for each category
13of services that may be provided to a regional center consumer
14through a vendor; requirements for emergency vendorization;
15procedures for termination of vendorization; the procedure for an
16individual or an agency to appeal any vendorization decision made
17by the department or regional center.

18(D) A regional center may vendorize a licensed facility for
19exclusive services to persons with developmental disabilities at a
20capacity equal to or less than the facility’s licensed capacity. A
21facility already licensed on January 1, 1999, shall continue to be
22vendorized at their full licensed capacity until the facility agrees
23to vendorization at a reduced capacity.

24(E) Effective July 1, 2009, notwithstanding any other law or
25regulation, a regional center shall not newly vendor a State
26Department of Social Services licensed 24-hour residential care
27facility with a licensed capacity of 16 or more beds, unless the
28facility qualifies for receipt of federal funds under the Medicaid
29Program.

30(4) Notwithstanding subparagraph (B) of paragraph (3), a
31regional center may contract or issue a voucher for services and
32supports provided to a consumer or family at a cost not to exceed
33the maximum rate of payment for that service or support
34established by the department. If a rate has not been established
35by the department, the regional center may, for an interim period,
36contract for a specified service or support with, and establish a
37 rate of payment for, any provider of the service or support
38necessary to implement a consumer’s individual program plan.
39Contracts may be negotiated for a period of up to three years, with
40annual review and subject to the availability of funds.

P35   1(5) In order to ensure the maximum flexibility and availability
2of appropriate services and supports for persons with
3developmental disabilities, the department shall establish and
4maintain an equitable system of payment to providers of services
5and supports identified as necessary to the implementation of a
6consumers’ individual program plan. The system of payment shall
7include a provision for a rate to ensure that the provider can meet
8the special needs of consumers and provide quality services and
9supports in the least restrictive setting as required by law.

10(6) The regional center and the consumer, or when appropriate,
11his or her parents, legal guardian, conservator, or authorized
12 representative, including those appointed pursuant to subdivision
13(a) of Section 4541, subdivision (b) of Section 4701.6, or
14subdivision (e) of Section 4705, shall, pursuant to the individual
15program plan, consider all of the following when selecting a
16provider of consumer services and supports:

17(A) A provider’s ability to deliver quality services or supports
18that can accomplish all or part of the consumer’s individual
19program plan.

20(B) A provider’s success in achieving the objectives set forth
21in the individual program plan.

22(C) Where appropriate, the existence of licensing, accreditation,
23or professional certification.

24(D) The cost of providing services or supports of comparable
25quality by different providers, if available, shall be reviewed, and
26the least costly available provider of comparable service, including
27the cost of transportation, who is able to accomplish all or part of
28the consumer’s individual program plan, consistent with the
29particular needs of the consumer and family as identified in the
30individual program plan, shall be selected. In determining the least
31costly provider, the availability of federal financial participation
32shall be considered. The consumer shall not be required to use the
33least costly provider if it will result in the consumer moving from
34an existing provider of services or supports to more restrictive or
35less integrated services or supports.

36(E) The consumer’s choice of providers, or, when appropriate,
37the consumer’s parent’s, legal guardian’s, authorized
38representative’s, or conservator’s choice of providers.

39(7) No service or support provided by any agency or individual
40shall be continued unless the consumer or, when appropriate, his
P36   1or her parents, legal guardian, or conservator, or authorized
2representative, including those appointed pursuant to subdivision
3(a) of Section 4541, subdivision (b) of Section 4701.6, or
4subdivision (e) of Section 4705, is satisfied and the regional center
5and the consumer or, when appropriate, the person’s parents or
6legal guardian or conservator agree that planned services and
7supports have been provided, and reasonable progress toward
8objectives have been made.

9(8) Regional center funds shall not be used to supplant the
10budget of any agency that has a legal responsibility to serve all
11members of the general public and is receiving public funds for
12providing those services.

13(9) (A) A regional center may, directly or through an agency
14acting on behalf of the center, provide placement in, purchase of,
15or follow-along services to persons with developmental disabilities
16in, appropriate community living arrangements, including, but not
17limited to, support service for consumers in homes they own or
18lease, foster family placements, health care facilities, and licensed
19community care facilities. In considering appropriate placement
20alternatives for children with developmental disabilities, approval
21by the child’s parent or guardian shall be obtained before placement
22is made.

23(B) Effective July 1, 2012, notwithstanding any other law or
24regulation, a regional center shall not purchase residential services
25from a State Department of Social Services licensed 24-hour
26residential care facility with a licensed capacity of 16 or more
27beds. This prohibition on regional center purchase of residential
28services shall not apply to any of the following:

29(i) A residential facility with a licensed capacity of 16 or more
30beds that has been approved to participate in the department’s
31Home and Community Based Services Waiver or another existing
32waiver program or certified to participate in the Medi-Cal program.

33(ii) A residential facility service provider that has a written
34agreement and specific plan prior to July 1, 2012, with the
35vendoring regional center to downsize the existing facility by
36transitioning its residential services to living arrangements of 15
37beds or less or restructure the large facility to meet federal
38Medicaid eligibility requirements on or before June 30, 2013.

P37   1(iii) A residential facility licensed as a mental health
2rehabilitation center by the State Department of Mental Health or
3successor agency under any of the following circumstances:

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

5(II) The facility has a department-approved plan in place by
6June 30, 2013, to transition to a program structure eligible for
7federal Medicaid funding, and this transition will be completed by
8June 30, 2014. The department may grant an extension for the date
9by which the transition will be completed if the facility
10demonstrates that it has made significant progress toward transition,
11and states with specificity the timeframe by which the transition
12will be completed and the specified steps that will be taken to
13accomplish the transition. A regional center may pay for the costs
14of care and treatment of a consumer residing in the facility on June
1530, 2012, until June 30, 2013, inclusive, and, if the facility has a
16department-approved plan in place by June 30, 2013, may continue
17to pay the costs under this subparagraph until June 30, 2014, or
18until the end of any period during which the department has granted
19an extension.

20(III) There is an emergency circumstance in which the regional
21center determines that it cannot locate alternate federally eligible
22services to meet the consumer’s needs. Under such an emergency
23circumstance, an assessment shall be completed by the regional
24center as soon as possible and within 30 days of admission. An
25individual program plan meeting shall be convened immediately
26following the assessment to determine the services and supports
27needed for stabilization and to develop a plan to transition the
28consumer from the facility into the community. If transition is not
29expected within 90 days of admission, an individual program plan
30meeting shall be held to discuss the status of transition and to
31determine if the consumer is still in need of placement in the
32facility. Commencing October 1, 2012, this determination shall
33be made after also considering resource options identified by the
34statewide specialized resource service. If it is determined that
35emergency services continue to be necessary, the regional center
36shall submit an updated transition plan that can cover a period of
37up to 90 days. In no event shall placements under these emergency
38circumstances exceed 180 days.

39(C) (i) Effective July 1, 2012, notwithstanding any other law
40or regulation, a regional center shall not purchase new residential
P38   1services from, or place a consumer in, institutions for mental
2disease, as described in Part 5 (commencing with Section 5900)
3of Division 5, for which federal Medicaid funding is not available.
4Effective July 1, 2013, this prohibition applies regardless of the
5availability of federal funding.

6(ii) The prohibition described in clause (i) shall not apply to
7emergencies, as determined by the regional center, when a regional
8center cannot locate alternate services to meet the consumer’s
9needs. As soon as possible within 30 days of admission due to an
10emergency, an assessment shall be completed by the regional
11center. An individual program plan meeting shall be convened
12immediately following the assessment, to determine the services
13and supports needed for stabilization and to develop a plan to
14transition the consumer from the facility to the community. If
15transition is not expected within 90 days of admission, an
16emergency program plan meeting shall be held to discuss the status
17of the transition and to determine if the consumer is still in need
18of placement in the facility. If emergency services continue to be
19necessary, the regional center shall submit an updated transition
20plan to the department for an extension of up to 90 days. Placement
21shall not exceed 180 days.

22(iii) To the extent feasible, prior to any admission, the regional
23center shall consider resource options identified by the statewide
24specialized resource service established pursuant to subdivision
25(b) of Section 4418.25.

26(iv) The clients’ rights advocate shall be notified of each
27admission and individual program planning meeting pursuant to
28this subparagraph and may participate in all individual program
29planning meetings unless the consumer objects on his or her own
30behalf. For purposes of this clause, notification to the clients’ rights
31advocate shall include a copy of the most recent comprehensive
32assessment or updated assessment and the time, date, and location
33of the meeting, and shall be provided as soon as practicable, but
34not less than seven calendar days prior to the meeting.

begin insert

35(v) If a consumer is placed in an institution for mental disease
36by another entity, the institution for mental disease shall inform
37the regional center of the placement within five days of the date
38the consumer is admitted. If an individual’s records indicate that
39he or she is a regional center consumer, the institution for mental
40disease shall make every effort to contact the local regional center
P39   1or department to determine which regional center to provide notice.
2As soon as possible within 30 days of admission to an institution
3for mental disease due to an emergency pursuant to clause (ii), or
4within 30 days of notification of admission to an institution for
5mental disease by an entity other than a regional center, an
6assessment shall be completed by the regional center.

end insert
begin delete

7(v)

end delete

8begin insert(vi)end insert Regional centers shall complete a comprehensive assessment
9of any consumer residing in an institution for mental disease as of
10July 1, 2012, for which federal Medicaid funding is not available,
11and for any consumer residing in an institution for mental disease
12as of July 1, 2013, without regard to federal funding. The
13comprehensive assessment shall be completed prior to the
14consumer’s next scheduled individual program plan meeting and
15shall include identification of the services and supports needed
16and the timeline for identifying or developing those services needed
17to transition the consumer back to the community. Effective
18October 1, 2012, the regional center shall also consider resource
19options identified by the statewide specialized resource service.
20For each individual program plan meeting convened pursuant to
21this subparagraph, the clients’ rights advocate for the regional
22center shall be notified of the meeting and may participate in the
23meeting unless the consumer objects on his or her own behalf. For
24purposes of this clause, notification to the clients’ rights advocate
25shall include the time, date, and location of the meeting, and shall
26be provided as soon as practicable, but not less than seven calendar
27days prior to the meeting.

28(D) A person with developmental disabilities placed by the
29regional center in a community living arrangement shall have the
30rights specified in this division. These rights shall be brought to
31the person’s attention by any means necessary to reasonably
32communicate these rights to each resident, provided that, at a
33minimum, the Director of Developmental Services prepare,
34provide, and require to be clearly posted in all residential facilities
35and day programs a poster using simplified language and pictures
36that is designed to be more understandable by persons with
37intellectual disabilities and that the rights information shall also
38be available through the regional center to each residential facility
39and day program in alternative formats, including, but not limited
P40   1to, other languages, braille, and audiotapes, when necessary to
2meet the communication needs of consumers.

3(E) Consumers are eligible to receive supplemental services
4including, but not limited to, additional staffing, pursuant to the
5process described in subdivision (d) of Section 4646. Necessary
6additional staffing that is not specifically included in the rates paid
7to the service provider may be purchased by the regional center if
8the additional staff are in excess of the amount required by
9regulation and the individual’s planning team determines the
10additional services are consistent with the provisions of the
11individual program plan. Additional staff should be periodically
12reviewed by the planning team for consistency with the individual
13program plan objectives in order to determine if continued use of
14the additional staff is necessary and appropriate and if the service
15is producing outcomes consistent with the individual program plan.
16Regional centers shall monitor programs to ensure that the
17additional staff is being provided and utilized appropriately.

18(10) Emergency and crisis intervention services including, but
19not limited to, mental health services and behavior modification
20services, may be provided, as needed, to maintain persons with
21developmental disabilities in the living arrangement of their own
22choice. Crisis services shall first be provided without disrupting a
23person’s living arrangement. If crisis intervention services are
24unsuccessful, emergency housing shall be available in the person’s
25home community. If dislocation cannot be avoided, every effort
26shall be made to return the person to his or her living arrangement
27of choice, with all necessary supports, as soon as possible.

28(11) Among other service and support options, planning teams
29shall consider the use of paid roommates or neighbors, personal
30assistance, technical and financial assistance, and all other service
31and support options which would result in greater self-sufficiency
32for the consumer and cost-effectiveness to the state.

33(12) When facilitation as specified in an individual program
34plan requires the services of an individual, the facilitator shall be
35of the consumer’s choosing.

36(13) The community support may be provided to assist
37individuals with developmental disabilities to fully participate in
38community and civic life, including, but not limited to, programs,
39services, work opportunities, business, and activities available to
P41   1persons without disabilities. This facilitation shall include, but not
2be limited to, any of the following:

3(A) Outreach and education to programs and services within
4the community.

5(B) Direct support to individuals that would enable them to
6more fully participate in their community.

7(C) Developing unpaid natural supports when possible.

8(14) When feasible and recommended by the individual program
9planning team, for purposes of facilitating better and cost-effective
10services for consumers or family members, technology, including
11telecommunication technology, may be used in conjunction with
12other services and supports. Technology in lieu of a consumer’s
13in-person appearances at judicial proceedings or administrative
14due process hearings may be used only if the consumer or, when
15appropriate, the consumer’s parent, legal guardian, conservator,
16or authorized representative, gives informed consent. Technology
17may be used in lieu of, or in conjunction with, in-person training
18for providers, as appropriate.

19(15) Other services and supports may be provided as set forth
20in Sections 4685, 4686, 4687, 4688, and 4689, when necessary.

21(16) Notwithstanding any other law or regulation, effective July
221, 2009, regional centers shall not purchase experimental
23treatments, therapeutic services, or devices that have not been
24clinically determined or scientifically proven to be effective or
25safe or for which risks and complications are unknown.
26Experimental treatments or therapeutic services include
27experimental medical or nutritional therapy when the use of the
28product for that purpose is not a general physician practice. For
29regional center consumers receiving these services as part of their
30individual program plan (IPP) or individualized family service
31plan (IFSP) on July 1, 2009, this prohibition shall apply on August
321, 2009.

33(b) (1) Advocacy for, and protection of, the civil, legal, and
34service rights of persons with developmental disabilities as
35established in this division.

36(2) Whenever the advocacy efforts of a regional center to secure
37or protect the civil, legal, or service rights of any of its consumers
38prove ineffective, the regional center or the person with
39developmental disabilities or his or her parents, legal guardian, or
P42   1other representative may request advocacy assistance from the
2state council.

3(c) The regional center may assist consumers and families
4directly, or through a provider, in identifying and building circles
5of support within the community.

6(d) In order to increase the quality of community services and
7protect consumers, the regional center shall, when appropriate,
8take either of the following actions:

9(1) Identify services and supports that are ineffective or of poor
10quality and provide or secure consultation, training, or technical
11assistance services for any agency or individual provider to assist
12that agency or individual provider in upgrading the quality of
13services or supports.

14(2) Identify providers of services or supports that may not be
15in compliance with local, state, and federal statutes and regulations
16and notify the appropriate licensing or regulatory authority to
17investigate the possible noncompliance.

18(e) When necessary to expand the availability of needed services
19of good quality, a regional center may take actions that include,
20but are not limited to, the following:

21(1) Soliciting an individual or agency by requests for proposals
22or other means, to provide needed services or supports not presently
23available.

24(2) Requesting funds from the Program Development Fund,
25pursuant to Section 4677, or community placement plan funds
26designated from that fund, to reimburse the startup costs needed
27to initiate a new program of services and supports.

28(3) Using creative and innovative service delivery models,
29including, but not limited to, natural supports.

30(f) Except in emergency situations, a regional center shall not
31provide direct treatment and therapeutic services, but shall utilize
32appropriate public and private community agencies and service
33providers to obtain those services for its consumers.

34(g) When there are identified gaps in the system of services and
35supports or when there are identified consumers for whom no
36provider will provide services and supports contained in his or her
37individual program plan, the department may provide the services
38and supports directly.

39(h) At least annually, regional centers shall provide the
40consumer, his or her parents, legal guardian, conservator, or
P43   1authorized representative a statement of services and supports the
2regional center purchased for the purpose of ensuring that they are
3delivered. The statement shall include the type, unit, month, and
4cost of services and supports purchased.

5begin insert

begin insertSEC. 11.end insert  

end insert

begin insertSection 4681.6 of the end insertbegin insertWelfare and Institutions Codeend insert
6begin insert is amended to read:end insert

7

4681.6.  

(a) Notwithstanding any other law or regulation,
8commencing July 1, 2008:

9(1) A regional center shall not pay an existing residential service
10provider, for services where rates are determined through a
11negotiation between the regional center and the provider, a rate
12higher than the rate in effect on June 30, 2008, unless the increase
13is required by a contract between the regional center and the vendor
14that is in effect on June 30, 2008, or the regional center
15demonstrates that the approval is necessary to protect the
16consumer’s health or safety and the department has granted prior
17written authorization.

18(2) A regional center shall not negotiate a rate with a new
19residential service provider, for services where rates are determined
20through a negotiation between the regional center and the provider,
21that is higher than the regional center’s median rate for the same
22service code and unit of service, or the statewide median rate for
23the same service code and unit of service, whichever is lower. The
24unit of service designation shall conform with an existing regional
25center designation or, if none exists, a designation used to calculate
26the statewide median rate for the same service. The regional center
27shall annually certify to the department its median rate for each
28negotiated rate service code, by designated unit of service. This
29certification shall be subject to verification through the
30department’s biennial fiscal audit of the regional center.

31(b) Notwithstanding subdivision (a), commencing July 1, 2014,
32regional centers may negotiate a rate adjustment with residential
33service providers regarding rates that are otherwise restricted
34 pursuant to subdivision (a), if the adjustment is necessary in order
35to pay employees no less than the minimum wage as established
36by Section 1182.12 of the Labor Code, as amended by Chapter
37351 of the Statutes of 2013, and only for the purpose of adjusting
38payroll costs associated with the minimum wage increase. The
39rate adjustment shall be specific to the unit of service designation
40that is affected by the increased minimum wage, shall be specific
P44   1to payroll costs associated with any increase necessary to adjust
2employee pay only to the extent necessary to bring pay into
3compliance with the increased state minimum wage, and shall not
4be used as a general wage enhancement for employees paid above
5the minimum wage. Regional centers shall maintain documentation
6on the process to determine, and the rationale for granting, any
7rate adjustment associated with the minimum wage increase.

begin insert

8(c) Notwithstanding subdivision (a), commencing July 1, 2015,
9regional centers may negotiate a rate adjustment with residential
10service providers regarding rates that are otherwise restricted
11pursuant to subdivision (a), if the adjustment is necessary to
12implement Article 1.5 (commencing with Section 245) of Chapter
131 of Part 1 of Division 2 of the Labor Code, as added by Chapter
14317 of the Statutes of 2014. The rate adjustment may be applied
15only if a minimum of 24 hours or three days of paid sick leave per
16year was not a benefit provided to employees as of June 30, 2015,
17and shall be specific to payroll costs associated with any increase
18necessary to compensate an employee up to a maximum of 24
19hours or three days of paid sick leave in each year of employment.

end insert
begin delete

20(c)

end delete

21begin insert(d)end insert For purposes of this section, “residential service provider”
22includes Adult Residential Facilities for Persons with Special
23Health Care Needs, as described in Section 4684.50.

begin delete

24(d)

end delete

25begin insert(e)end insert This section shall not apply to those services for which rates
26are determined by the State Department of Health Care Services,
27or the State Department of Developmental Services, or are usual
28and customary.

29begin insert

begin insertSEC. 12.end insert  

end insert

begin insertSection 4684.81 of the end insertbegin insertWelfare and Institutions Codeend insert
30begin insert is amended to read:end insert

31

4684.81.  

(a) The department shall implement a pilot project
32using community placement plan funds, as appropriated in the
33State Department of Developmental Services’ annual budget, to
34test the effectiveness of providing enhanced behavioral supports
35in homelike community settings. The enhanced behavioral supports
36homes shall be for purposes of providing intensive behavioral
37services and supports to adults and children with developmental
38disabilities who need intensive services and supports due to
39challenging behaviors that cannot be managed in a community
40setting without the availability of enhanced behavioral services
P45   1and supports, and who are at risk of institutionalization or
2out-of-state placement, or are transitioning to the community from
3a developmental center, other state-operated residential facility,
4institution for mental disease, or out-of-state placement.

5(b) An enhanced behavioral supports home may only be
6established in an adult residential facility or a group home approved
7through a regional center community placement plan pursuant to
8Section 4418.25.

9(c) begin delete No more than six enhancedend deletebegin insert Enhancedend insert behavioral supports
10homes may be approved by the State Department of Developmental
11Services each fiscal year in which the pilot program is in effect
12and to the extent funding is available for this purpose, each for no
13more than four individuals with developmental disabilities. The
14homes shall be located throughout the state, as determined by the
15State Department of Developmental Services, based on regional
16center requests.

17(d) Each enhanced behavioral supports home shall be licensed
18as an adult residential facility or a group home pursuant to the
19California Community Care Facilities Act (Chapter 3 (commencing
20with Section 1500) of Division 2 of the Health and Safety Code)
21and certified by the State Department of Developmental Services,
22shall exceed the minimum requirements for a Residential Facility
23Service Level 4-i pursuant to Sections 56004 and 56013 of Title
2417 of the California Code of Regulations, and shall meet all
25applicable statutory and regulatory requirements applicable to a
26facility licensed as an adult residential facility or a group home
27for facility licensing, seclusion, and restraint, including Division
281.5 (commencing with Section 1180) of the Health and Safety
29Code, and the use of behavior modification interventions, subject
30to any additional requirements applicable to enhanced behavioral
31supports homes established by statute or by regulation promulgated
32pursuant to this article and Article 9.5 (commencing with Section
331567.61) of Chapter 3 of Division 2 of the Health and Safety Code.

34(e) A regional center shall not place a consumer in an enhanced
35behavioral supports home unless the program is certified by the
36State Department of Developmental Services and the facility is
37licensed by the State Department of Social Services.

38(f) The State Department of Developmental Services shall be
39responsible for granting the certificate of program approval for an
40enhanced behavioral supports home.

P46   1(g) The State Department of Developmental Services may,
2pursuant to Section 4684.85, decertify any enhanced behavioral
3supports home that does not comply with program requirements.
4Upon decertification of an enhanced behavioral supports home,
5the State Department of Developmental Services shall report the
6decertification to the State Department of Social Services. The
7State Department of Social Services shall revoke the license of the
8enhanced behavioral supports home that has been decertified
9pursuant to Section 1550 of the Health and Safety Code.

10(h) If the State Department of Developmental Services
11 determines that urgent action is necessary to protect a consumer
12residing in an enhanced behavioral supports home from physical
13or mental abuse, abandonment, or any other substantial threat to
14the consumer’s health and safety, the State Department of
15Developmental Services may request that the regional center or
16centers remove the consumer from the enhanced behavioral
17supports home or direct the regional center or centers to obtain
18alternative or additional services for the consumers within 24 hours
19of that determination. When possible, an individual program plan
20(IPP) meeting shall be convened to determine the appropriate
21action pursuant to this section. In any case, an IPP meeting shall
22be convened within 30 days following an action pursuant to this
23section.

24(i) Enhanced behavioral supports homes shall have a facility
25program plan approved by the State Department of Developmental
26Services.

27(1) The facility program plan approved by the State Department
28of Developmental Services shall be submitted to the State
29Department of Social Services for inclusion in the facility plan of
30operation.

31(2) The vendoring regional center and each consumer’s regional
32center shall have joint responsibility for monitoring and evaluating
33the services provided in the enhanced behavioral supports home.
34Monitoring shall include at least quarterly, or more frequently if
35specified in the consumer’s individual program plan, face-to-face,
36onsite case management visits with each consumer by his or her
37regional center and at least quarterly quality assurance visits by
38the vendoring regional center. The State Department of
39Developmental Services shall monitor and ensure the regional
40centers’ compliance with their monitoring responsibilities.

P47   1(j) The State Department of Developmental Services shall
2establish by regulation a rate methodology for enhanced behavioral
3supports homes that includes a fixed facility component for
4residential services and an individualized services and supports
5component based on each consumer’s needs as determined through
6the individual program plan process, which may include assistance
7with transitioning to a less restrictive community residential setting.

8(k) (1) The established facility rate for a full month of service,
9as defined in regulations adopted pursuant to this article, shall be
10paid based on the licensed capacity of the facility once the facility
11reaches maximum capacity, despite the temporary absence of one
12or more consumers from the facility or subsequent temporary
13vacancies created by consumers moving from the facility. Prior to
14the facility reaching licensed capacity, the facility rate shall be
15prorated based on the number of consumers residing in the facility.

16When a consumer is temporarily absent from the facility,
17including when a consumer is in need for inpatient care in a health
18facility, as defined in subdivision (a), (b), or (c) of Section 1250
19of the Health and Safety Code, the regional center may, based on
20consumer need, continue to fund individual services, in addition
21to paying the facility rate. Individual consumer services funded
22by the regional center during a consumer’s absence from the facility
23shall be approved by the regional center director and shall only be
24approved in 14-day increments. The regional center shall maintain
25documentation of the need for these services and the regional center
26director’s approval.

27(2) An enhanced behavioral supports home using delayed egress
28devices, in compliance with Section 1531.1 of the Health and
29Safety Code, may utilize secured perimeters, in compliance with
30Section 1531.15 of the Health and Safety Code and applicable
31regulations. No more than two enhanced behavioral supports homes
32using delayed egress devices in combination with secured
33perimeters may be certified by the State Department of
34Developmental Services during the first year of the pilot program,
35one in northern California and one in southern California, and no
36more than one additional home using delayed egress devices in
37combination with a secured perimeter may be certified by the State
38Department of Developmental Services in each subsequent year
39of the pilot program. No more than six enhanced behavioral
40supports homes that use delayed egress devices in combination
P48   1with a secured perimeter shall be certified during the pilot program.
2Enhanced behavioral supports homes shall not be counted for
3purposes of the statewide limit established in regulations on the
4total number of beds permitted in homes with delayed egress
5devices in combination with secured perimeters pursuant to
6subdivision (k) of Section 1531.15 of the Health and Safety Code.
7The department shall make reasonable efforts to include enhanced
8behavioral supports homes within the statewide limit.

9begin insert

begin insertSEC. 13.end insert  

end insert

begin insertSection 4685.8 of the end insertbegin insertWelfare and Institutions Codeend insert
10begin insert is amended to read:end insert

11

4685.8.  

(a) The department shall implement a statewide
12Self-Determination Program. The Self-Determination Program
13shall be available in every regional center catchment area to provide
14participants and their families, within an individual budget,
15increased flexibility and choice, and greater control over decisions,
16resources, and needed and desired services and supports to
17implement their IPP. The statewide Self-Determination Program
18shall be phased in over three years, and during this phase-in period,
19shall serve up to 2,500 regional center consumers, inclusive of the
20remaining participants in the self-determination pilot projects
21authorized pursuant to Section 13 of Chapter 1043 of the Statutes
22of 1998, as amended, and Article 4 (commencing with Section
234669.2) of Chapter 5. Following the phase-in period, the program
24shall be available on a voluntary basis to all regional center
25begin delete consumersend deletebegin insert consumers, including residents in developmental centersend insert
26 who arebegin insert moving to the community, who areend insert eligible for the
27Self-Determination Program. The program shall be available to
28individuals who reflect the disability, ethnic, and geographic
29diversity of the state.begin insert The Department of Finance may approve,
30upon a request from the department and no sooner than 30 days
31following notification to the Joint Legislative Budget Committee,
32an increase to the number of consumers served by the
33Self-Determination Program before the end of the three-year
34phase-in period.end insert

35(b) Thebegin delete departmentend deletebegin insert department,end insert in establishing the statewide
36begin delete programend deletebegin insert program,end insert shall do both of the following:

37(1) For the first three years of the Self-Determination Program,
38determine, as part of the contracting process described in Sections
394620 and 4629, the number of participants each regional center
40shall serve in its Self-Determination Program. To ensure that the
P49   1program is available on an equitable basis to participants in all
2regional center catchment areas, the number of Self-Determination
3Program participants in each regional center shall be based on the
4relative percentage of total consumers served by the regional
5centers minus any remaining participants in the self-determination
6pilot projects authorized pursuant to Section 13 of Chapter 1043
7of the Statutes of 1998, as amended, and Article 4 (commencing
8with Section 4669.2) of Chapter 5 or another equitable basis.

9(2) Ensure all of the following:

10(A) Oversight of expenditure of self-determined funds and the
11achievement of participant outcomes over time.

12(B) Increased participant control over which services and
13supports best meet his or her needs and the IPP objectives. A
14participant’s unique support system may include the purchase of
15existing service offerings from service providers or local
16businesses, hiring his or her own support workers, or negotiating
17unique service arrangements with local community resources.

18(C) Comprehensive person-centered planning, including an
19individual budget and services that are outcome based.

20(D) Consumer and family training to ensure understanding of
21the principles of self-determination, the planning process, and the
22management of budgets, services, and staff.

23(E) Choice of independent facilitators who can assist with the
24person-centered planning process and choice of financial
25management services providers vendored by regional centers who
26can assist with payments and provide employee-related services.

27(F) Innovation that will more effectively allow participants to
28achieve their goals.

29(c) For purposes of this section, the following definitions apply:

30(1) “Financial management services” means services or
31functions that assist the participant to manage and direct the
32distribution of funds contained in the individual budget, and ensure
33that the participant has the financial resources to implement his or
34her IPP throughout the year. These may include bill paying services
35and activities that facilitate the employment of service and support
36workers by the participant, including, but not limited to, fiscal
37accounting, tax withholding, compliance with relevant state and
38federal employment laws, assisting the participant in verifying
39provider qualifications, including criminal background checks,
40and expenditure reports. The financial management services
P50   1provider shall meet the requirements of Sections 58884, 58886,
2and 58887 of Title 17 of the California Code of Regulations and
3other specific qualifications established by the department. The
4costs of financial management services shall be paid by the
5participant out of his or her individual budget, except for the cost
6of obtaining the criminal background check specified in subdivision
7(w).

8(2) “Independent facilitator” means a person, selected and
9directed by the participant, who is not otherwise providing services
10to the participant pursuant to his or her IPP and is not employed
11by a person providing services to the participant. The independent
12facilitator may assist the participant in making informed decisions
13about the individual budget, and in locating, accessing, and
14coordinating services and supports consistent with the participant’s
15IPP. He or she is available to assist in identifying immediate and
16long-term needs, developing options to meet those needs, leading,
17participating, or advocating on behalf of the participant in the
18person-centered planning process and development of the IPP, and
19obtaining identified services and supports. The cost of the
20independent facilitator, if any, shall be paid by the participant out
21of his or her individual budget. An independent facilitator shall
22receive training in the principles of self-determination, the
23person-centered planning process, and the other responsibilities
24described in this paragraph at his or her own cost.

25(3) “Individual budget” means the amount of regional center
26purchase of service funding available to the participant for the
27purchase of services and supports necessary to implement the IPP.
28The individual budget shall be determined using a fair, equitable,
29and transparent methodology.

30(4) “IPP” means individual program plan, as described in Section
314646.

32(5) “Participant” means an individual, and when appropriate,
33his or her parents, legal guardian or conservator, or authorized
34representative, who has been deemed eligible for, and has
35voluntarily agreed to participate in, the Self-Determination
36Program.

37(6) “Self-determination” means a voluntary delivery system
38consisting of a defined and comprehensive mix of services and
39supports, selected and directed by a participant through
40person-centered planning, in order to meet the objectives in his or
P51   1her IPP. Self-determination services and supports are designed to
2assist the participant to achieve personally defined outcomes in
3community settings that promote inclusion. The Self-Determination
4Program shall only fund services and supports provided pursuant
5to this division that the federal Centers for Medicare and Medicaid
6Services determines are eligible for federal financial participation.

7(d) Participation in the Self-Determination Program is fully
8voluntary. A participant may choose to participate in, and may
9choose to leave, the Self-Determination Program at any time. A
10regional center shall not require or prohibit participation in the
11Self-Determination Program as a condition of eligibility for, or
12the delivery of, services and supports otherwise available under
13this division. Participation in the Self-Determination Program shall
14be available to any regional center consumer who meets the
15following eligibility requirements:

16(1) The participant has a developmental disability, as defined
17in Section 4512, and is receiving services pursuant to this division.

18(2) The consumer does not live in a licensed long-term health
19care facility, as defined in paragraph (44) of subdivision (a) of
20Section 54302 of Title 17 of the California Code of Regulations.
21An individual, and when appropriate his or her parent, legal
22guardian or conservator, or authorized representative, who is not
23eligible to participate in the Self-Determination Program pursuant
24to this paragraph may request that the regional center provide
25person-centered planning services in order to make arrangements
26for transition to the Self-Determination Program, provided that he
27or she is reasonably expected to transition to the community within
2890 days. In that case, the regional center shall initiate
29person-centered planning services within 60 days of that request.

30(3) The participant agrees to all of the following terms and
31conditions:

32(A) The participant shall receive an orientation to the
33Self-Determination Program prior to enrollment, which includes
34the principles of self-determination, the role of the independent
35facilitator and the financial management services provider,
36person-centered planning, and development of a budget.

37(B) The participant shall utilize the services and supports
38available within the Self-Determination Program only when generic
39services and supports are not available.

P52   1(C) The participant shall only purchase services and supports
2necessary to implement his or her IPP and shall comply with any
3and all other terms and conditions for participation in the
4Self-Determination Program described in this section.

5(D) The participant shall manage Self-Determination Program
6services and supports within his or her individual budget.

7(E) The participant shall utilize the services of a financial
8management services provider of his or her own choosing and who
9is vendored by a regional center.

10(F) The participant may utilize the services of an independent
11facilitator of his or her own choosing for the purpose of providing
12services and functions as described in paragraph (2) of subdivision
13(c). If the participant elects not to use an independent facilitator,
14he or she may use his or her regional center service coordinator to
15provide the services and functions described in paragraph (2) of
16subdivision (c).

17(e) A participant who is not Medi-Cal eligible may participate
18in the Self-Determination Program and receive self-determination
19services and supports if all other program eligibility requirements
20are met and the services and supports are otherwise eligible for
21federal financial participation.

22(f) An individual receiving services and supports under a
23self-determination pilot project authorized pursuant to Section 13
24of Chapter 1043 of the Statutes of 1998, as amended, or pursuant
25to Article 4 (commencing with Section 4669.2) of Chapter 5, may
26elect to continue to receive self-determination services and supports
27pursuant to this section or the regional center shall provide for the
28participant’s transition from the self-determination pilot program
29to other services and supports. This transition shall include the
30development of a new IPP that reflects the services and supports
31necessary to meet the individual’s needs. The regional center shall
32ensure that there is no gap in services and supports during the
33transition period.

34(g) The additional federal financial participation funds generated
35by the former participants of the self-determination pilot projects
36authorized pursuant to Section 13 of Chapter 1043 of the Statutes
37of 1998, as amended, or pursuant to Article 4 (commencing with
38Section 4669.2) of Chapter 5, shall be used as follows:

39(1) First, to offset the cost to the department for the criminal
40background check conducted pursuant to subdivisionbegin delete (w),end deletebegin insert (w)end insert and
P53   1other administrative costs incurred by the department in
2implementing the Self-Determination Program.

3(2) With the remaining funds, to offset the costs to the regional
4centers in implementing the Self-Determination Program,
5including, but not limited to, operations costs for caseload ratio
6enhancement, training for regional center staff, costs associated
7with the participant’s initial person-centered planning meeting,
8the development of the participant’s initial individual budget, and
9the costs associated with training consumers and family members.

10(h) If at any time during participation in the Self-Determination
11Program a regional center determines that a participant is no longer
12eligible to continue in, or a participant voluntarily chooses to exit,
13the Self-Determination Program, the regional center shall provide
14for the participant’s transition from the Self-Determination Program
15to other services and supports. This transition shall include the
16development of a new IPP that reflects the services and supports
17necessary to meet the individual’s needs. The regional center shall
18ensure that there is no gap in services and supports during the
19transition period.

20(i) An individual determined to be ineligible for or who
21voluntarily exits the Self-Determination Program shall be permitted
22to return to the Self-Determination Program upon meeting all
23applicable eligibility criteria and upon approval of the participant’s
24planning team, as described in subdivision (j) of Section 4512. An
25individual who has voluntarily exited the Self-Determination
26Program shall not return to the program for at least 12 months.
27During the first three years of the program, the individual’s right
28to return to the program is conditioned on his or her regional center
29not having reached the participant cap imposed by paragraph (1)
30of subdivision (b).

31(j) An individual who participates in the Self-Determination
32Program may elect to continue to receive self-determination
33services and supports if he or she transfers to another regional
34center catchment area, provided that he or she remains eligible for
35the Self-Determination Program pursuant to subdivision (d). The
36balance of the participant’s individual budget shall be reallocated
37to the regional center to which he or she transfers.

38(k) The IPP team shall utilize the person-centered planning
39process to develop the IPP for a participant. The IPP shall detail
40the goals and objectives of the participant that are to be met through
P54   1the purchase of participant-selected services and supports. The
2IPP team shall determine the individual budget to ensure the budget
3assists the participant to achieve the outcomes set forth in his or
4her IPP and ensures his or her health and safety. The completed
5individual budget shall be attached to the IPP.

6(l) The participant shall implement his or her IPP, including
7choosing and purchasing the services and supports allowable under
8this section necessary to implement the plan. A participant is
9exempt from the cost control restrictions regarding the purchases
10of services and supports pursuant to Sections 4648.5 and 4686.5.
11A regional center shall not prohibit the purchase of any service or
12support that is otherwise allowable under this section.

13(m) A participant shall have all the rights established in Sections
144646 to 4646.6, inclusive, and Chapter 7 (commencing with Section
154700).

16(n) (1) Except as provided in paragraph (4), the IPP team shall
17determine the initial and any revised individual budget for the
18participant using the following methodology:

19(A) (i) Except as specified in clause (ii), for a participant who
20is a current consumer of the regional center, his or her individual
21budget shall be the total amount of the most recently available 12
22months of purchase of service expenditures for the participant.

23(ii) An adjustment may be made to the amount specified in
24clause (i) if both of the following occur:

25(I) The IPP team determines that an adjustment to this amount
26is necessary due to a change in the participant’s circumstances,
27needs, or resources that would result in an increase or decrease in
28purchase of service expenditures, or the IPP team identifies prior
29needs or resources that were unaddressed in the IPP, which would
30have resulted in an increase or decrease in purchase of service
31expenditures.

32(II) The regional center certifies on the individual budget
33document that regional center expenditures for the individual
34budget, including any adjustment, would have occurred regardless
35of the individual’s participation in the Self-Determination Program.

36(iii) For purposes of clauses (i) and (ii), the amount of the
37individual budget shall not be increased to cover the cost of the
38independent facilitator or the financial management services.

39(B) For a participant who is either newly eligible for regional
40center services or who does not have 12 months of purchase service
P55   1expenditures, his or her individual budget shall be calculated as
2follows:

3(i) The IPP team shall identify the services and supports needed
4by the participant and available resources, as required by Section
54646.

6(ii) The regional center shall calculate the cost of providing the
7services and supports to be purchased by the regional center by
8using the average cost paid by the regional center for each service
9or support unless the regional center determines that the consumer
10has a unique need that requires a higher or lower cost. The regional
11center shall certify on the individual budget document that this
12amount would have been expended using regional center purchase
13of service funds regardless of the individual’s participation in the
14Self-Determination Program.

15(iii) For purposes of clauses (i) and (ii), the amount of the
16individual budget shall not be increased to cover the cost of the
17 independent facilitator or the financial management services.

18(2) The amount of the individual budget shall be available to
19the participant each year for the purchase of program services and
20supports. An individual budget shall be calculated no more than
21once in a 12-month period, unless revised to reflect a change in
22circumstances, needs, or resources of the participant using the
23process specified in clause (ii) of subparagraph (A) of paragraph
24(1).

25(3) The individual budget shall be assigned to uniform budget
26categories developed by the department in consultation with
27stakeholders and distributed according to the timing of the
28anticipated expenditures in the IPP and in a manner that ensures
29that the participant has the financial resources to implement his or
30her IPP throughout the year.

31(4) The department, in consultation with stakeholders, may
32develop alternative methodologies for individual budgets that are
33computed in a fair, transparent, and equitable manner and are based
34on consumer characteristics and needs, and that include a method
35for adjusting individual budgets to address a participant’s change
36in circumstances or needs.

37(o) Annually, participants may transfer up to 10 percent of the
38funds originally distributed to any budget category set forth in
39paragraph (3) of subdivision (n) to another budget category or
40categories. Transfers in excess of 10 percent of the original amount
P56   1allocated to any budget category may be made upon the approval
2of the regional center or the participant’s IPP team.

3(p) Consistent with the implementation date of the IPP, the IPP
4team shall annually ascertain from the participant whether there
5are any circumstances or needs that require a change to the annual
6individual budget. Based on that review, the IPP team shall
7calculate a new individual budget consistent with the methodology
8identified in subdivision (n).

9(q) (1) On or before December 31, 2014, the department shall
10apply for federal Medicaid funding for the Self-Determination
11Program by doing one or more of the following:

12(A) Applying for a state plan amendment.

13(B) Applying for an amendment to a current home- and
14community-based waiver for individuals with developmental
15disabilities.

16(C) Applying for a new waiver.

17(D) Seeking to maximize federal financial participation through
18other means.

19(2) To the extent feasible, the state plan amendment, waiver, or
20other federal request described in paragraph (1) shall incorporate
21the eligibility requirements, benefits, and operational requirements
22set forth in this section. Except for the provisions of subdivisions
23(k), (m), (p), and this subdivision, the department may modify
24eligibility requirements, benefits, and operational requirements as
25needed to secure approval of federal funding.

26(3) Contingent upon approval of federal funding, the
27Self-Determination Program shall be established.

28(r) (1) The department, as it determines necessary, may adopt
29regulations to implement the procedures set forth in this section.
30Any regulations shall be adopted in accordance with the
31requirements of Chapter 3.5 (commencing with Section 11340) of
32Part 1 of Division 3 of Title 2 of the Government Code.

33(2) Notwithstanding paragraph (1) and Chapter 3.5 (commencing
34with Section 11340) of Part 1 of Division 3 of Title 2 of the
35Government Code, and only to the extent that all necessary federal
36approvals are obtained, the department, without taking any further
37regulatory action, shall implement, interpret, or make specific this
38section by means of program directives or similar instructions until
39the time regulations are adopted. It is the intent of the Legislature
40that the department be allowed this temporary authority as
P57   1necessary to implement program changes only until completion
2of the regulatory process.

3(s) The department, in consultation with stakeholders, shall
4develop informational materials about the Self-Determination
5Program. The department shall ensure that regional centers are
6trained in the principles of self-determination, the mechanics of
7the Self-Determination Program, and the rights of consumers and
8families as candidates for, and participants in, the
9Self-Determination Program.

10(t) Each regional center shall be responsible for implementing
11the Self-Determination Program as a term of its contract under
12Section 4629. As part of implementing the program, the regional
13center shall do both of the following:

14(1) Contract with local consumer or family-run organizations
15to conduct outreach through local meetings or forums to consumers
16and their families to provide information about the
17Self-Determination Program and to help ensure that the program
18is available to a diverse group of participants, with special outreach
19to underserved communities.

20(2) Collaborate with the local consumer or family-run
21organizations identified in paragraph (1) to jointly conduct training
22about the Self-Determination Program.

23(u) The financial management services provider shall provide
24the participant and the regional center service coordinator with a
25monthly individual budget statement that describes the amount of
26funds allocated by budget category, the amount spent in the
27previous 30-day period, and the amount of funding that remains
28available under the participant’s individual budget.

29(v) Only the financial management services provider is required
30to apply for vendorization in accordance with Subchapter 2
31(commencing with Section 54300) of Chapter 3 of Division 2 of
32Title 17 of the California Code ofbegin delete Regulations,end deletebegin insert Regulationsend insert for
33the Self-Determination Program. All other service and support
34providers shall not be on the federal debarment list and shall have
35applicable state licenses, certifications, or other state required
36documentation, including documentation of any other qualifications
37required by the department, but are exempt from the vendorization
38requirements set forth in Title 17 of the California Code of
39Regulations when serving participants in the Self-Determination
40Program.

P58   1(w) To protect the health and safety of participants in the
2Self-Determination Program, the department shall require a
3criminal background check in accordance with all of the following:

4(1) The department shall issue a program directive that identifies
5nonvendored providers of services and supports who shall obtain
6a criminal background check pursuant to this subdivision. At a
7minimum, these staff shall include both of the following:

8(A) Individuals who provide direct personal care services to a
9participant.

10(B) Other nonvendored providers of services and supports for
11whom a criminal background check is requested by a participant
12or the participant’s financial management service.

13(2) Subject to the procedures and requirements of this
14subdivision, the department shall administer criminal background
15checks consistent with the department’s authority and the process
16described in Sections 4689.2 to 4689.6, inclusive.

17(3) The department shall electronically submit to the Department
18of Justice fingerprint images and related information required by
19the Department of Justice of nonvendored providers of services
20and supports, as specified in paragraph (1), for purposes of
21obtaining information as to the existence and content of a record
22of state or federal convictions and state or federal arrests and also
23information as to the existence and content of a record of state or
24federal arrests for which the Department of Justice establishes that
25the person is free on bail or on his or her recognizance pending
26trial or appeal.

27(4) When received, the Department of Justice shall forward to
28the Federal Bureau of Investigation requests for federal summary
29criminal history information received pursuant to this section. The
30Department of Justice shall review the information returned from
31the Federal Bureau of Investigation and compile and disseminate
32a response to the department.

33(5) The Department of Justice shall provide a state or federal
34response to the department pursuant to paragraph (1) of subdivision
35(p) of Section 11105 of the Penal Code.

36(6) The department shall request from the Department of Justice
37subsequent notification service, as provided pursuant to Section
3811105.2 of the Penal Code, for persons described in paragraph (1).

P59   1(7) The Department of Justice shall charge a fee sufficient to
2cover the cost of processing the request described in this
3subdivision.

4(8) The fingerprints of any provider of services and supports
5who is required to obtain a criminal background check shall be
6submitted to the Department of Justice prior to employment. The
7costs of the fingerprints and the financial management service’s
8administrative cost authorized by the department shall be paid by
9the services and supports provider or his or her employing agency.
10Any administrative costs incurred by the department pursuant to
11this subdivision shall be offset by the funds specified in subdivision
12(g).

13(9) If the criminal record information report shows a criminal
14history, the department shall take the steps specified in Section
154689.2. The department may prohibit a provider of services and
16supports from becoming employed, or continuing to be employed,
17based on the criminal background check, as authorized in Section
184689.6. The provider of services and supports who has been denied
19employment shall have the rights set forth in Section 4689.6.

20(10) The department may utilize a current department-issued
21criminal record clearance to enable a provider to serve more than
22one participant, as long as the criminal record clearance has been
23processed through the department and no subsequent arrest
24notifications have been received relative to the cleared applicant.

25(11) Consistent with subdivision (h) of Section 4689.2, the
26participant or financial management service that denies or
27terminates employment based on written notification from the
28department shall not incur civil liability or unemployment insurance
29liability.

30(x) To ensure the effective implementation of the
31Self-Determination Program and facilitate the sharing of best
32practices and training materials commencing with the
33implementation of the Self-Determination Program, local and
34statewide advisory committees shall be established as follows:

35(1) Each regional center shall establish a local volunteer advisory
36committee to provide oversight of the Self-Determination Program.
37The regional center and the State Council on Developmental
38Disabilities shall each appoint one-half of the membership of the
39committee. The committee shall consist of the regional center
40clients’ rights advocate, consumers, family members, and other
P60   1advocates, and community leaders. A majority of the committee
2shall be consumers and their family members. The committee shall
3reflect the multicultural diversity and geographic profile of the
4catchment area. The committee shall review the development and
5ongoing progress of the Self-Determination Program, including
6whether the program advances the principles of self-determination
7and is operating consistent with the requirements of this section,
8and may make ongoing recommendations for improvement to the
9regional center and the department.

10(2) The State Council on Developmental Disabilities shall form
11a volunteer committee, to be known as the Statewide
12Self-Determination Advisory Committee, comprised of the chairs
13of the 21 local advisory committees or their designees. The council
14shall convene the Statewide Self-Determination Advisory
15Committee twice annually, or more frequently in the sole discretion
16of the council. The Statewide Self-Determination Advisory
17Committee shall meet by teleconference or other means established
18by thebegin delete council,end deletebegin insert councilend insert to identify self-determination best practices,
19effective consumer and family training materials, implementation
20concerns, systemic issues, ways to enhance the program, and
21recommendations regarding the most effective method for
22participants to learn of individuals who are available to provide
23services and supports. The council shall synthesize information
24received from the Statewide Self-Determination Advisory
25Committee, local advisory committees, and other sources,begin delete shallend delete
26 share the information with consumers, families, regional centers,
27and the department, andbegin delete shallend delete make recommendations, as
28appropriate, to increase the program’s effectiveness in furthering
29the principles of self-determination.

30(y) Commencing January 10, 2017, the department shall
31annually provide the following information to the appropriate
32policy and fiscal committees of the Legislature:

33(1) Number and characteristics of participants, by regional
34begin insert center, including the number of participants who entered the
35program upon movement from a developmentalend insert
center.

36(2) Types and amount of services and supports purchased under
37the Self-Determination Program, by regional center.

38(3) Range and average of individual budgets, by regional center,
39including adjustments to the budget to address the adjustments
P61   1permitted in clause (ii) of subparagraph (A) of paragraph (1) of
2subdivision (n).

3(4) The number and outcome of appeals concerning individual
4budgets, by regional center.

5(5) The number and outcome of fair hearing appeals, by regional
6center.

7(6) The number of participants who voluntarily withdraw from
8the Self-Determination Program and a summary of the reasons
9why, by regional center.

10(7) The number of participants who are subsequently determined
11to no longer be eligible for the Self-Determination Program and a
12summary of the reasons why, by regional center.

13(z) (1) The State Council on Developmental Disabilities, in
14collaboration with the protection and advocacy agency identified
15in Section 4900 and the federally funded University Centers for
16Excellence in Developmental Disabilities Education, Research,
17and Service, may work with regional centers to survey participants
18regarding participant satisfaction under the Self-Determination
19Program and, when data is available, the traditional service delivery
20system, including the proportion of participants who report that
21their choices and decisions are respected and supported and who
22report that they are able to recruit and hire qualified service
23providers, and to identify barriers to participation and
24recommendations for improvement.

25(2) The council, in collaboration with the protection and
26advocacy agency identified in Section 4900 and the federally
27funded University Centers for Excellence in Developmental
28 Disabilities Education, Research, and Service, shall issue a report
29to the Legislature, in compliance with Section 9795 of the
30Government Code, no later than three years following the approval
31of the federal funding on the status of the Self-Determination
32Program authorized by this section, and provide recommendations
33to enhance the effectiveness of the program. This review shall
34include the program’s effectiveness in furthering the principles of
35self-determination, including all of the following:

36(A) Freedom, which includes the ability of adults with
37developmental disabilities to exercise the same rights as all citizens
38to establish, with freely chosen supporters, family and friends,
39where they want to live, with whom they want to live, how their
40time will be occupied, and who supports them; and for families to
P62   1have the freedom to receive unbiased assistance of their own
2choosing when developing a plan and to select all personnel and
3supports to further the life goals of a minor child.

4(B) Authority, which includes the ability of a person with a
5disability, or family, to control a certain sum of dollars in order to
6purchase services and supports of their choosing.

7(C) Support, which includes the ability to arrange resources and
8personnel, both formal and informal, that will assist a person with
9a disability to live a life in his or her community that is rich in
10community participation and contributions.

11(D) Responsibility, which includes the ability of participants to
12take responsibility for decisions in their own lives and to be
13accountable for the use of public dollars, and to accept a valued
14role in their community through, for example, competitive
15employment, organizational affiliations, spiritual development,
16and general caring of others in their community.

17(E) Confirmation, which includes confirmation of the critical
18role of participants and their families in making decisions in their
19own lives and designing and operating the system that they rely
20on.

21begin insert

begin insertSEC. 14.end insert  

end insert

begin insertSection 4691.6 of the end insertbegin insertWelfare and Institutions Codeend insert
22begin insert is amended to read:end insert

23

4691.6.  

(a) Notwithstanding any other law or regulation,
24commencing July 1, 2006, the community-based day program,
25work activity program, and in-home respite service agency rate
26schedules authorized by the department and in operation June 30,
272006, shall be increased by 3 percent, subject to funds specifically
28appropriated for this increase in the Budget Act of 2006. The
29increase shall be applied as a percentage, and the percentage shall
30be the same for all providers. Any subsequent increase shall be
31governed by subdivisions (b), (c), (d), (e), (f), (g),begin insert (h), (i),end insert andbegin delete (h),end delete
32begin insert (j),end insert and Section 4691.9.

33(b) Notwithstanding any other law or regulation, the department
34shall not establish any permanent payment rate for a
35community-based day program or in-home respite service agency
36provider that has a temporary payment rate in effect on June 30,
372008, if the permanent payment rate would be greater than the
38temporary payment rate in effect on or after June 30, 2008, unless
39the regional center demonstrates to the department that the
P63   1permanent payment rate is necessary to protect the consumers’
2health or safety.

3(c) Notwithstanding any other law or regulation, neither the
4department nor any regional center shall approve any program
5design modification or revendorization for a community-based
6day program or in-home respite service agency provider that would
7result in an increase in the rate to be paid to the vendor from the
8rate that is in effect on or after June 30, 2008, unless the regional
9center demonstrates that the program design modification or
10revendorization is necessary to protect the consumers’ health or
11safety and the department has granted prior written authorization.

12(d) Notwithstanding any other law or regulation, the department
13shall not approve an anticipated rate adjustment for a
14community-based day program or in-home respite service agency
15provider that would result in an increase in the rate to be paid to
16the vendor from the rate that is in effect on or after June 30, 2008,
17unless the regional center demonstrates that the anticipated rate
18adjustment is necessary to protect the consumers’ health or safety.

19(e) Notwithstanding any other law or regulation, except as set
20forth inbegin delete subdivision (f),end deletebegin insert subdivisions (f) and (i),end insert the department
21shall not approve any rate adjustment for a work activity program
22that would result in an increase in the rate to be paid to the vendor
23from the rate that is in effect on or after June 30, 2008, unless the
24regional center demonstrates that the rate adjustment is necessary
25to protect the consumers’ health and safety and the department has
26granted prior written authorization.

27(f) Notwithstanding any other law or regulation, commencing
28July 1, 2014, the department may approve rate adjustments for a
29work activity program that demonstrates to the department that
30the rate adjustment is necessary in order to pay employees who,
31prior to July 1, 2014, were being compensated at a wage that is
32less than the minimum wage established on and after July 1, 2014,
33by Section 1182.12 of the Labor Code, as amended by Chapter
34351 of the Statutes of 2013. The rate adjustment pursuant to this
35subdivision shall be specific to payroll costs associated with any
36increase necessary to adjust employee pay only to the extent
37necessary to bring pay into compliance with the increased state
38minimum wage, and shall not constitute a general wage
39enhancement for employees paid above the increased minimum
40wage.

P64   1(g) Notwithstanding any other law or regulation, commencing
2July 1, 2014, community-based day program and in-home respite
3services agency providers with temporary payment rates set by
4the department may seek unanticipated rate adjustments from the
5department due to the impacts of the increased minimum wage as
6established by Section 1182.12 of the Labor Code, as amended by
7Chapter 351 of the Statutes of 2013. The rate adjustment shall be
8specific to payroll costs associated with any increase necessary to
9adjust employee pay only to the extent necessary to bring pay into
10compliance with the increased state minimum wage, and shall not
11constitute a general wage enhancement for employees paid above
12the increased minimum wage.

13(h) Notwithstanding any other law or regulation, commencing
14January 1, 2015, the in-home respite service agency rate schedule
15authorized by the department and in operation December 31, 2014,
16shall be increased by 5.82 percent, subject to funds specifically
17appropriated for this increase for costs due to changes in federal
18regulations implementing the federal Fair Labor Standards Act of
191938 (29 U.S.C. Sec. 201 et seq.). The increase shall be applied
20as a percentage, and the percentage shall be the same for all
21applicable providers.

begin insert

22(i) Notwithstanding any other law or regulation, commencing
23July 1, 2015, the department may approve rate adjustments for a
24work activity program that demonstrates to the department that
25the rate adjustment is necessary to implement Article 1.5
26(commencing with Section 245) of Chapter 1 of Part 1 of Division
272 of the Labor Code, as added by Chapter 317 of the Statutes of
282014. The rate adjustment may be applied only if a minimum of
2924 hours or three days of paid sick leave per year was not a benefit
30provided to employees as of June 30, 2015, and shall be specific
31to payroll costs associated with any increase necessary to
32compensate an employee up to a maximum of 24 hours or three
33days of paid sick leave in each year of employment.

end insert
begin insert

34(j) Notwithstanding any other law or regulation, commencing
35July 1, 2015, community-based day program and in-home respite
36services agency providers with temporary payment rates set by
37the department may seek unanticipated rate adjustments from the
38department if the adjustment is necessary to implement Article 1.5
39(commencing with Section 245) of Chapter 1 of Part 1 of Division
402 of the Labor Code, as added by Chapter 317 of the Statutes of
P65   12014. The rate adjustment may be applied only if a minimum of
224 hours or three days of paid sick leave per year was not a benefit
3provided to employees as of June 30, 2015, and shall be specific
4to payroll costs associated with any increase necessary to
5compensate an employee up to a maximum of 24 hours or three
6days of paid sick leave in each year of employment.

end insert
7begin insert

begin insertSEC. 15.end insert  

end insert

begin insertSection 4691.9 of the end insertbegin insertWelfare and Institutions Codeend insert
8begin insert is amended to read:end insert

9

4691.9.  

(a) Notwithstanding any other law or regulation,
10commencing July 1, 2008:

11(1) A regional center shall not pay an existing service provider,
12for services where rates are determined through a negotiation
13between the regional center and the provider, a rate higher than
14the rate in effect on June 30, 2008, unless the increase is required
15by a contract between the regional center and the vendor that is in
16effect on June 30, 2008, or the regional center demonstrates that
17the approval is necessary to protect the consumer’s health or safety
18and the department has granted prior written authorization.

19(2) A regional center shall not negotiate a rate with a new service
20provider, for services where rates are determined through a
21negotiation between the regional center and the provider, that is
22higher than the regional center’s median rate for the same service
23code and unit of service, or the statewide median rate for the same
24service code and unit of service, whichever is lower. The unit of
25service designation shall conform with an existing regional center
26designation or, if none exists, a designation used to calculate the
27statewide median rate for the same service. The regional center
28shall annually certify to the State Department of Developmental
29Services its median rate for each negotiated rate service code, by
30designated unit of service. This certification shall be subject to
31verification through the department’s biennial fiscal audit of the
32regional center.

33(b) Notwithstanding subdivision (a), commencing July 1, 2014,
34regional centers may negotiate a rate adjustment with providers
35regarding rates if the adjustment is necessary in order to pay
36 employees no less than the minimum wage as established by
37Section 1182.12 of the Labor Code, as amended by Chapter 351
38of the Statutes of 2013, and only for the purpose of adjusting
39payroll costs associated with the minimum wage increase. The
40rate adjustment shall be specific to the unit of service designation
P66   1that is affected by the increased minimum wage, shall be specific
2to payroll costs associated with any increase necessary to adjust
3employee pay only to the extent necessary to bring pay into
4compliance with the increased state minimum wage, and shall not
5be used as a general wage enhancement for employees paid above
6the increased minimum wage. Regional centers shall maintain
7documentation on the process to determine, and the rationale for
8granting, any rate adjustment associated with the minimum wage
9increase.

10(c) Notwithstanding any other law or regulation, commencing
11January 1, 2015, rates for personal assistance and supported living
12 services in effect on December 31, 2014, shall be increased by
135.82 percent, subject to funds specifically appropriated for this
14increase for costs due to changes in federal regulations
15implementing the federal Fair Labor Standards Act of 1938 (29
16U.S.C. Sec. 201 et seq.). The increase shall be applied as a
17percentage, and the percentage shall be the same for all applicable
18providers. As used in this subdivision, both of the following
19definitions shall apply:

20(1) “Personal assistance” is limited only to those services
21provided by vendors classified by the regional center as personal
22assistance providers, pursuant to the miscellaneous services
23provisions contained in Title 17 of the California Code of
24Regulations.

25(2) “Supported living services” are limited only to those services
26defined as supported living services in Title 17 of the California
27Code of Regulations.

begin insert

28(d) Notwithstanding subdivision (a), commencing July 1, 2015,
29regional centers may negotiate a rate adjustment with existing
30service providers for services for which rates are determined
31through negotiation between the regional center and the provider,
32if the adjustment is necessary to implement Article 1.5
33(commencing with Section 245) of Chapter 1 of Part 1 of Division
342 of the Labor Code, as added by Chapter 317 of the Statutes of
352014. The rate adjustment may be applied only if a minimum of
3624 hours or three days of paid sick leave per year was not a benefit
37provided to employees as of June 30, 2015, and shall be specific
38to payroll costs associated with any increase necessary to
39compensate an employee up to a maximum of 24 hours or three
40days of paid sick leave in each year of employment.

end insert
begin delete

P67   1(d)

end delete

2begin insert(e)end insert This section shall not apply to those services for which rates
3are determined by the State Department of Health Care Services,
4or the State Department of Developmental Services, or are usual
5and customary.

6begin insert

begin insertSEC. 16.end insert  

end insert

begin insertSection 7502.5 of the end insertbegin insertWelfare and Institutions Codeend insert
7begin insert is repealed.end insert

begin delete
8

7502.5.  

(a) The total number of developmental center residents
9in the secure treatment facility at Porterville Developmental Center,
10including those residents receiving services in the Porterville
11Developmental Center transition treatment program, shall not
12exceed 230.

13(b) As of the effective date of this subdivision, the State
14Department of Developmental Services shall not admit any persons
15into the secure treatment facility at Porterville Developmental
16Center unless the population of the secure treatment facility is less
17than 230 persons, including 60 residents receiving services in the
18transition treatment program.

end delete
19begin insert

begin insertSEC. 17.end insert  

end insert

begin insertSection 7502.5 is added to the end insertbegin insertWelfare and Institutions
20Code
end insert
begin insert, to read:end insert

begin insert
21

begin insert7502.5.end insert  

(a) An individual may be admitted to the secure
22treatment facility at Porterville Developmental Center, as provided
23in paragraphs (1) and (3) of subdivision (a) of Section 7505, only
24when all of the following conditions are satisfied:

25(1) The unit to which the individual will be admitted is approved
26for occupancy and licensed.

27(2) The population of the secure treatment facility is no more
28than 211 persons.

29(3) The individual is at least 18 years of age.

30(b) An individual may be admitted to the transitional treatment
31program at Porterville Developmental Center when all of the
32following conditions are satisfied:

33(1) The individual was admitted to the Porterville Developmental
34Center pursuant to paragraphs (1) and (3) of subdivision (a) of
35Section 7505.

36(2) The individual remains eligible for commitment pursuant
37to paragraph (3) of subdivision (a) of Section 7505.

38(3) The unit to which the individual will be admitted is approved
39for occupancy and licensed.

P68   1(4) The population of the transitional treatment program is no
2more than 60 persons.

3(c) As soon as possible, but no later than 30 days following
4admission to the transitional treatment program, the regional
5center, in coordination with the developmental center, shall do
6both of the following:

7(1) Complete a comprehensive assessment that shall include
8the identification of services and supports needed to transition the
9individual to the community.

10(2) Jointly convene an individual program plan meeting to
11discuss the comprehensive assessment and develop a plan to
12transition the individual to the community pursuant to Section
134418.3. The clients’ rights advocate for the regional center shall
14be notified of the individual program plan meeting and may
15participate in the meeting unless the consumer objects on his or
16her own behalf.

17(d) An individual described in this section shall not be placed
18in the transitional treatment program for longer than necessary
19to procure a less restrictive placement. Each year, pursuant to
20Section 4418.25, an individual in the transitional treatment
21program at Porterville Developmental Center shall receive an
22updated comprehensive assessment that shall include all of the
23following:

24(1) The reason or reasons for placement in the program for
25longer than one year.

26(2) A description of the issue or issues preventing community
27placement.

28(3) The estimated timeframe for placement in the community
29and the plan for that placement.

30(e) On or before March 1, 2016, the department shall provide
31the following information to the appropriate policy and fiscal
32committees of the Legislature:

33(1) For each regional center, the number of transitional program
34residents who are placed in the program for more than one year.

35(2) A description of reasons for placement in the program
36beyond one year.

37(3) The steps undertaken to resolve the issue or issues
38prohibiting community placement.

39(4) The additional steps necessary before community placement
40can be made.

end insert
P69   1begin insert

begin insertSEC. 18.end insert  

end insert

begin insertSection 7505 of the end insertbegin insertWelfare and Institutions Codeend insertbegin insert is
2amended to read:end insert

3

7505.  

(a) Notwithstanding any other law, the State Department
4of Developmental Services shall not admit anyone to a
5developmental center unless the person has been determined
6eligible for services under Division 4.5 (commencing with Section
74500) and the personbegin delete is:end deletebegin insert is any of the following:end insert

8(1) begin delete Committedend deletebegin insert An adult committedend insert by a court to Porterville
9Developmental Center, secure treatment program, pursuant to
10Section 1370.1 of the Penal Code.

11(2) Committed by a court to the acute crisis center at Fairview
12Developmental Center, or the acute crisis center at Sonoma
13Developmental Center, pursuant to Article 2 (commencing with
14Section 6500) of Chapter 2 of Part 2 of Division 6 due to an acute
15crisis, pursuant to Section 4418.7.

16(3) begin delete Committedend deletebegin insert An adult committedend insert by a court to Porterville
17Developmental Center, secure treatment program, pursuant to
18Article 2 (commencing with Section 6500) of Chapter 2 of Part 2
19of Division 6 as a result of involvement with the criminal justice
20system, and the court has determined the person is mentally
21incompetent to stand trial.

22(4) A person described in Section 4508.

begin delete end deletebegin delete

23(5) A juvenile committed to Porterville Developmental Center,
24secure treatment program, pursuant to Section 709.

end delete
begin delete end delete

25(b) Under no circumstances shall the State Department of
26Developmental Services admit a person to a developmental center
27after July 1, 2012, as a result of a criminal conviction or when the
28person is competent to stand trial for the criminal offense and the
29admission is ordered in lieu of trial.

begin delete end deletebegin delete

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

end delete
begin delete end delete
31begin insert

begin insertSEC. 19.end insert  

end insert
begin insert

Following the approval of a closure plan submitted
32pursuant to Section 4474.11 of the Welfare and Institutions Code,
33and continuing until one year after the last developmental center
34consumer has transitioned into the community, the State
35Department of Developmental Services shall provide quarterly
36briefings on progress related to the plan’s milestones and timelines
37to legislative staff, including staff to fiscal and policy committees,
38and staff for legislators who represent the area in which the
39developmental center is located.

end insert
P70   1begin insert

begin insertSEC. 20.end insert  

end insert
begin insert

(a) It is the intent of the Legislature that General
2Fund savings derived from the closure of state developmental
3centers benefit persons with developmental disabilities living in
4the community.

end insert
begin insert

5(b) The State Department of Developmental Services shall
6display annually in its January and May budget estimate
7documents, for any year in which it is applicable, all of the
8following:

end insert
begin insert

9(1) All General Fund savings or gains reasonably associated
10with the downsizing or closure of a developmental center.

end insert
begin insert

11(2) All community development funds reasonably associated
12with the downsizing or closure of a developmental center, including
13the costs associated with the development and provision of services
14and supports for persons moving from a developmental center or
15at risk of institutionalization.

end insert
16begin insert

begin insertSEC. 21.end insert  

end insert
begin insert

(a) Upon the implementation, pursuant to Section
1712300.4 of the Welfare and Institutions Code, of federal regulations
18regarding payment of overtime compensation adopted pursuant
19to the federal Fair Labor Standards Act of 1938 (29 U.S.C. Sec.
20201 et seq.), the State Department of Developmental Services shall
21consult with the Association of Regional Center Agencies,
22legislative staff, consumers, providers, and advocacy organizations
23to evaluate the impact of those regulations on consumers and
24providers of supported living services, in-home respite services,
25and personal assistants to persons with developmental disabilities.

end insert
begin insert

26(b) The State Department of Developmental Services shall report
27on the progress of the following to the Legislature during the
282016-17 legislative budget subcommittee hearing process:

end insert
begin insert

29(1) Results of the initial evaluation performed pursuant to
30subdivision (a).

end insert
begin insert

31(2) Steps taken to minimize a negative impact on consumers
32and providers.

end insert
begin insert

33(3) Recommendations to address future negative impacts on
34consumers and providers.

end insert
35begin insert

begin insertSEC. 22.end insert  

end insert
begin insert

The amount of sixty-one million five hundred fifty-four
36thousand dollars ($61,554,000) is hereby appropriated from the
37General Fund to the State Department of Developmental Services
38to fund expenditures pursuant to Schedule (1)
3910.10.010-Operations and Schedule (2) 10.10.020-Purchase of
40Services as provided for in Item 4300-101-0001 of Section 2.00
P71   1of the Budget Act of 2011 (Chapter 33 of the Statutes of 2011) and
2the Budget Act of 2012 (Chapters 21 and 29 of the Statutes of
32012). These funds shall be available for encumbrance and
4expenditure until June 30, 2016.

end insert
5begin insert

begin insertSEC. 23.end insert  

end insert
begin insert

This act is a bill providing for appropriations related
6to the Budget Bill within the meaning of subdivision (e) of Section
712 of Article IV of the California Constitution, has been identified
8as related to the budget in the Budget Bill, and shall take effect
9immediately.

end insert
begin delete
10

SECTION 1.  

It is the intent of the Legislature to enact statutory
11changes relating to the Budget Act of 2015.

end delete


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