Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 564

Introduced by Assembly Member Eggman

February 24, 2015

An act to amend Section 4784 of the Welfare and Institutions Code, relating to developmental services begin insert , and making an appropriation therefor end insert .

LEGISLATIVE COUNSEL’S DIGEST

AB 564, as amended, Eggman. Regional centers: parental fees.

Under existing law, the Lanterman Developmental Disabilities Services Act, the State Department of Developmental Services is required to contract with regional centers to provide services and supports to individuals with developmental disabilities and their families. Existing law requires the Director of Developmental Services to establish, annually review, and adjust as needed, a schedule of parental fees for services received through the regional centers.

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This bill would make technical, nonsubstantive changes to these provisions.

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Existing law provides that all parental fees collected by or for regional centers are remitted to the State Treasury to be deposited in the Program Development Fund, a continuously appropriated fund.

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This bill would require the Director of Developmental Services to adjust the parental fee schedule for the level of annual net income and the number of persons living in the family home. To the extent fees are increased by this adjustment, this bill would make an appropriation. This bill would also authorize a parent to appeal the parental fee determination and would require the department to consider information regarding the parent’s ability to pay when evaluating the appeal.

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

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

SECTION 1.  

Section 4784 of the Welfare and Institutions Code
is amended to read:

4784.  

(a) The Director of Developmental Services shall
establish, annually review, and adjust as needed, a schedule of
parental fees for services received through the regional centers.
Effective July 1, 2009, this schedule shall be revised to reflect
changes in economic conditions that affect parents’ ability to pay
the fee, but not to exceed an inflationary factor as determined by
the department.

(b) The parental fee schedule established pursuant to this section
shall be exempt from Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code.

(c) In establishing the amount parents shall pay, the director
shall take into account all of the following factors:

(1) The current cost of caring for a child at home, as determined
by the most recent data available from the United States
Department of Agriculture’s survey on the cost of raising a child
in California, adjusted for the Consumer Price Index (CPI) from
the survey date to the date of payment adjustment.

(2) Medical expenses incurred prior to regional center care.

(3) Whether the child is living at home.

(4) Parental payments for medical expenses, clothing,
incidentals, and other items considered necessary for the normal
rearing of a child.

(5) Transportation expenses incurred in visiting a child.

(d) The parental fee schedule shall exempt families with an
income below the federal poverty level from assessment and
payment of the parental fee.

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(e) The parental fee schedule shall be adjusted for the level of
annual net income and the number of persons living in the family
home.

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(e)

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begin insert (f) end insert  (1) The adjusted fee shall be assessed in full for children
when the out-of-home placement commences on or after July 1,
2009.

(2) For children placed out-of-home prior to July 1, 2009, the
department shall determine the increase in the parental fee above
the amount assessed using the fee schedule in effect on June 30,
2009. This fee increase shall be implemented over three years,
with one-third of the increase added to the fee on July 1, 2009,
one-third of the increase added to the fee on July 1, 2010, and the
final third added to the fee on July 1, 2011.

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(f)

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begin insert (g) end insert  Notwithstanding any other law or regulation, commencing
July 1, 2009, all fees collected shall be remitted to the State
Treasury to be deposited as follows:

(1) Fees collected up to the amount that would be assessed using
the fee schedule in effect on June 30, 2009, shall be deposited into
the begin delete Developmental Disabilities end delete Program Development Fund
established in Chapter 6 (commencing with Section 4670) to
provide resources needed to initiate new programs, consistent with
approved priorities for program development in the state plan.

(2) Fees collected using the July 1, 2009, schedule that are
greater than the amount that would have been assessed using the
fee schedule in effect on June 30, 2009, shall be deposited into the
begin delete Developmental Disabilities end delete Program Development Fund and shall
be available for expenditure by the department to offset General
Fund costs.

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(h) Notwithstanding any other law or regulation, the following
apply to the imposition of a parental fee under this section:

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(1) A parent may appeal the department’s determination of the
amount the parent is required to pay.

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(2) The department shall consider the same information
regarding a parent’s ability to pay when determining the amount
of a parental fee and when considering an appeal of a parental
fee determination.

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(3) If a parental fee is adjusted as a result of an appeal, the
amount of the adjusted parental fee imposed shall be determined
in accordance with the parental fee schedule.

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