Amended in Assembly May 6, 2015

Amended in Assembly April 22, 2015

Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 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, and making an appropriation therefor.

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.

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.

This bill would require the Director of Developmental Services to account for major unusual expenses in establishing the amount of the parental fee, and to adjust the parental fee schedule for the level of annual gross 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 considerbegin insert specifiedend insert informationbegin delete regarding the parent’s ability to payend delete when evaluating the appeal.

Vote: majority. Appropriation: yes. Fiscal committee: yes. State-mandated local program: no.

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

P2    1

SECTION 1.  

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

3

4784.  

(a) The Director of Developmental Services shall
4establish, annually review, and adjust as needed, a schedule of
5parental fees for services received through the regional centers.
6Effective July 1, 2009, this schedule shall be revised to reflect
7changes in economic conditions that affect parents’ ability to pay
8the fee, but not to exceed an inflationary factor as determined by
9the department.

10(b) The parental fee schedule established pursuant to this section
11shall be exempt from Chapter 3.5 (commencing with Section
1211340) of Part 1 of Division 3 of Title 2 of the Government Code.

13(c) In establishing the amount parents shall pay, the director
14shall take into account all of the following factors:

15(1) The current cost of caring for a child at home, as determined
16by the most recent data available from the United States
17Department of Agriculture’s survey on the cost of raising a child
18in California, adjusted for the Consumer Price Index (CPI) from
19the survey date to the date of payment adjustment.

20(2) Medical expenses incurred prior to regional center care.

21(3) Whether the child is living at home.

22(4) Parental payments for medical expenses, clothing,
23incidentals, and other items considered necessary for the normal
24rearing of a child.

25(5) Transportation expenses incurred in visiting a child.

26(6) Major unusual expenses, including, but not limited to,
27expenses caused by a natural disaster, catastrophic uninsured loss,
28or significant recent medical expenses.

29(d) The parental fee schedule shall exempt families with an
30income below the federal poverty level from assessment and
31payment of the parental fee.

P3    1(e) The parental fee schedule shall be adjusted for the level of
2annual gross income and the number of persons living in the family
3home.

4(f) (1) The adjusted fee shall be assessed in full for children
5when the out-of-home placement commences on or after July 1,
62009.

7(2) For children placed out-of-home prior to July 1, 2009, the
8department shall determine the increase in the parental fee above
9the amount assessed using the fee schedule in effect on June 30,
102009. This fee increase shall be implemented over three years,
11with one-third of the increase added to the fee on July 1, 2009,
12one-third of the increase added to the fee on July 1, 2010, and the
13final third added to the fee on July 1, 2011.

14(g) Notwithstanding any other law or regulation, commencing
15July 1, 2009, all fees collected shall be remitted to the State
16Treasury to be deposited as follows:

17(1) Fees collected up to the amount that would be assessed using
18the fee schedule in effect on June 30, 2009, shall be deposited into
19the Program Development Fund established in Chapter 6
20(commencing with Section 4670) to provide resources needed to
21initiate new programs, consistent with approved priorities for
22program development in the state plan.

23(2) Fees collected using the July 1, 2009, schedule that are
24greater than the amount that would have been assessed using the
25fee schedule in effect on June 30, 2009, shall be deposited into the
26Program Development Fund and shall be available for expenditure
27by the department to offset General Fund costs.

28(h) The following apply to the imposition of a parental fee under
29this section:

30(1) A parent may appeal the department’s determination of the
31amount the parent is required tobegin delete pay.end deletebegin insert pay pursuant to regulations
32established by the department.end insert

33(2) The department shall consider the same information
34regarding a parent’s gross income and the factors listed in
35subdivision (c) when considering an appeal of a parental fee
36determination.

P4    1(3) If a parental fee is adjusted as a result of an appeal, the
2amount of the adjusted parental fee imposed shall be determined
3in accordance with the parental fee schedule.



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