SB 639, as introduced, Stone. Developmental centers: closure.
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 to comply with procedural requirements when closing a developmental center, including submitting a detailed plan to the Legislature and holding at least one public hearing. Under existing law, the department allocates funds to private nonprofit entities known as regional centers, which are required to provide, or arrange for the provision of, services and supports for persons with developmental disabilities.
This bill would require the department to submit a plan to the Legislature by April 1, 2016, to close the Sonoma Developmental Center and the Fairview Developmental Center. The bill would require the plan to meet existing requirements for closing a developmental center and to additionally include, specified components, including a closure plan that will result in each of the 2 developmental centers closing no later than December 31, 2018, except as specified. The bill would also require the plan to include a plan for using the properties occupied by the 2 developmental centers, as specified, and would require the department to work with the Department of General Services to estimate potential revenues that may be generated from different options for use of the properties.
The bill would state the intent of the Legislature that the department minimize the expenditure of state funds related to any developmental center residential units that are decertified for failure to meet federal or state health and safety laws or regulations or that receive notification from a state or federal regulator that they are at risk of decertification for failure to meet those laws or regulations, and that funds previously used to operate developmental centers instead be shifted to support community-based services for individuals with developmental disabilities.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
The Legislature finds and declares all of the
2following:
3(a) California’s vision to create fulfilling lives for individuals
4with developmental disabilities launched in 1969 with the passage
5of the Lanterman Developmental Disabilities Services Act,
6authored by Assembly Member Frank Lanterman and signed by
7Governor Ronald Reagan. However, the Lanterman Act’s vision
8is now threatened by neglect of the community service system and
9wasteful spending on outdated state institutions.
10(b) State-operated institutions known as developmental centers
11consume a disproportionate share of state spending. The
12developmental center budget totals over $563 million for the
132014-15 fiscal year,
or $504,000 for each of the roughly 1,100
14developmental center residents in those centers. Compare this to
15the average of $17,000 spent on each of the 280,000 individuals
16with developmental disabilities that reside and receive services in
17the community.
18(c) Additionally, the developmental center system is plagued
19with health and safety problems that threaten the well-being of
20residents. The Sonoma Developmental Center lost its federal
21certification in 2012 due to significant health and safety violations,
22which not only harmed residents but also resulted in the loss of
23millions of dollars annually in federal funds. The other
24developmental centers are also facing the possibility of
25decertification based on violations of federal health and safety
26standards.
P3 1(d) The Legislature finds that it would not be prudent to continue
2spending state funds in a potentially futile effort to
restore
3decertified residential units to good standing. Instead, residents of
4units that do not meet health and safety standards would be better
5served by receiving priority for transferring to community-based
6residences with appropriate services and supports.
7(e) The closure process for the Agnews Developmental Center,
8which moved out its last resident in 2009, began in 2003. The
9closure process for the Lanterman Developmental Center took
10over four years. While care and caution were essential to ensure
11that residents found suitable housing and services in their
12communities, closing these facilities took more time than necessary
13to achieve those goals.
14(f) The State Department of Developmental Services conducted
15an extensive stakeholder process known as the Developmental
16Services Task Force that produced a roadmap in January 2014 for
17the future of the developmental center system.
It is the intent of
18the Legislature to carry out the principles reflected in that roadmap.
19(g) It is essential that California recommit itself to vibrant and
20sustainable community services that will maximize opportunities
21for disabled individuals to thrive in their own neighborhoods. The
22Legislature intends to close additional developmental centers and
23shift the funds now being spent ineffectively for developmental
24center operations to shore up the community services system
25instead.
Section 4474.6 is added to the Welfare and Institutions
27Code, to read:
(a) The department shall submit a plan to the
29Legislature by April 1, 2016, to close the Sonoma Developmental
30Center and the Fairview Developmental Center. The plan shall
31meet the requirements of Section 4474.1 and shall additionally
32include, but is not limited to, all of the following components:
33(1) A closure plan that will result in each of the two
34developmental centers closing no later than December 31, 2018.
35If the department concludes that it is not feasible to close the two
36developmental centers by that date, the plan shall provide a detailed
37rationale for that conclusion and a revised date for closure of each
38of the two centers. The revised date shall not be later than
39December 31, 2019.
P4 1(2) A plan to reduce developmental center staff in an efficient
2manner that facilitates shifting funds from developmental center
3operations to community services as warranted by the transition
4of the developmental center population to the community.
5(3) A plan for using the properties occupied by the two
6developmental centers to benefit the developmentally disabled
7community on an ongoing basis. The department shall work with
8the Department of General Services to estimate potential revenues
9that may be generated from different options for use of the
10properties. These options shall include, but may not be limited to,
11the following:
12(A) Providing ongoing revenues to support community-based
13services through lease or rental agreements between the Department
14of Developmental Services and private entities, local governments,
15or
other state departments.
16(B) Developing community-based, integrated housing resources
17for use by individuals with developmental disabilities in a manner
18similar to the Harbor Village development located adjacent to the
19Fairview Developmental Center.
20(C) Other proposals for commercial development that would
21provide ongoing revenues to the state for purposes of supporting
22community-based services for individuals with developmental
23disabilities.
24(b) The plan described in subdivision (a) shall be submitted in
25compliance with Section 9795 of the Government Code.
Section 4474.7 is added to the Welfare and Institutions
27Code, to read:
(a) It is the intent of the Legislature that the department
29minimize the expenditure of state funds related to any
30developmental center residential units that are decertified for failure
31to meet federal or state health and safety laws or regulations or
32that receive notification from a state or federal regulator that they
33are at risk of decertification for failure to meet of those laws or
34regulations. The department shall instead give residents of any of
35those units priority for moving to a community-based residence
36with appropriate community supports and services, as determined
37by the resident’s individual program plan.
38(b) It is the intent of the Legislature that funds previously used
39to operate developmental centers instead be shifted to
support
P5 1community-based services for individuals with developmental
2disabilities.
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