BILL NUMBER: AB 416 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Block
FEBRUARY 23, 2009
An act to add Section 4640.4 to the Welfare and Institutions Code,
relating to developmental services.
LEGISLATIVE COUNSEL'S DIGEST
AB 416, as introduced, Block. Developmental services: consumer
abuse registry.
Existing law, the Lanterman Developmental Disabilities Services
Act, grants persons with developmental disabilities the right to
receive treatment and services to meet their needs, regardless of age
or degree of handicap, at each stage of life. Existing law requires
that the state pay for these services through contracts with various
private nonprofit corporations for the operation of regional centers
for the developmentally disabled, and requires regional centers to
develop an individual program plan (IPP) for each consumer that sets
forth the treatment and services to be provided for the consumer.
This bill would require a provider, as defined, to report a
substantiated case of abuse of a consumer by a direct service worker
to the appropriate investigating agencies, as defined. The bill would
also require investigating agencies to report abuse of a consumer by
a direct service worker to the State Department of Developmental
Services. The bill would require the department to establish a
registry of direct service workers or others against whom one or more
substantiated reports of abuse of a consumer have been reported, and
to make the registry available, pursuant to a release protocol
established by the department in consultation with program
stakeholders, to specified persons. The bill would require providers
to access the registry before hiring a direct service worker and
would prohibit providers from hiring or contracting with a direct
service worker who is included in the registry. The bill would also
require the department to coordinate with the State Department of
Public Health and the State Department of Social Services to share
information about direct service workers, and would require the
department to adopt regulations to implement the bill's provisions by
July 1, 2010.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 4640.4 is added to the Welfare and Institutions
Code, to read:
4640.4. (a) Every provider shall report any evidence of abuse of
a consumer by a direct service worker to the appropriate
investigating agencies.
(b) Investigating agencies shall report substantiated cases of
abuse of a consumer to the department.
(c) The department shall establish a registry of direct service
workers or other persons against whom one or more substantiated
reports of abuse of a consumer have been reported. The registry shall
not contain confidential consumer information. The department shall
adopt a protocol that will provide procedures for all of the
following:
(1) The addition of a person to the registry based on a
substantiated report submitted by an investigating agency.
(2) The notification of, and the timely appeal by, a person added
to the registry. The procedure shall include the addition of a person
to a pending appeal category for no longer than a specified period
of time.
(3) The enabling of a person listed on the registry to petition
for immediate removal from the registry.
(4) Authorization for the following individuals or agencies to
contact the department to determine whether an employee or
contractor, or a prospective employee or contractor, is included in
the registry:
(A) Representatives of regional centers.
(B) Providers of services to persons with developmental
disabilities.
(C) State and local law enforcement agencies.
(D) District attorneys.
(E) Representatives of county child protective services and adult
protective services agencies.
(F) The office of the Attorney General.
(G) The state long-term care ombudsperson.
(H) Consumers seeking to hire direct service workers.
(I) The family of a person with developmental disabilities.
(J) Licensing agencies.
(K) The State Department of Social Services.
(L) The California Department of Aging.
(M) The State Department of Mental Health.
(5) Update the registry content on a regular basis.
(d) In developing the protocols required under subdivision (c),
the department shall consult with program stakeholders, including,
but not limited to, representatives from regional centers, providers
of services to persons with developmental disabilities, state and
local law enforcement agencies, district attorneys, representatives
of county child protective services and adult protective services
agencies, the office of the Attorney General, the state long-term
care ombudsperson, the state's designated protection and advocacy
agency described in subdivision (i) of Section 4900, other advocates
for persons with disabilities, the REACH Coalition, consumers,
families of persons with developmental disabilities, licensing
agencies, the State Department of Developmental Services, the State
Department of Social Services, the California Department of Aging,
the State Department of Mental Health, and civil rights
organizations.
(e) Notwithstanding any provision of law to the contrary, neither
the department nor any person or entity who relies on the registry,
shall incur any liability for their participation in developing the
registry or for using or relying on information contained in the
registry.
(f) Before a provider hires or contracts with a direct service
worker, the provider shall access the registry to determine whether
the direct service worker is included in the registry. A provider
shall not hire or contract for services with a person included in the
registry. This subdivision shall not apply to consumers and families
hiring caregivers.
(g) The department shall adopt regulations to implement this
section by July 1, 2010. These regulations shall include penalties
for the hiring by providers of persons on the registry in violation
of the prohibition contained in subdivision (f).
(h) The department shall coordinate with the State Department of
Public Health and the State Department of Social Services to share
information about direct service workers, or other persons providing
services to consumers, against whom one or more reports of abuse of a
consumer have been substantiated for inclusion in the registry in
accordance with the protocols developed pursuant to subdivision (c).
(i) This section shall not be interpreted to alter or amend any
existing child, elder, or dependent adult abuse or neglect reporting
requirement, including, but not limited to, Section 1418.91 of the
Health and Safety Code, Article 2.5 (commencing with Section 11164)
of Chapter 2 of Title 1 of Part 4 of the Penal Code, or Article 3
(commencing with Section 15630) of Chapter 11 of Part 3 of Division
9.
(j) For the purposes of this section, the following definitions
shall apply:
(1) "Abuse" means an act or failure to act that would constitute
abuse as defined by Section 15610.07 or Sections 11165.2 and 11165.6
of the Penal Code.
(2) "Direct service worker" means a person who provides direct
care for a person with a developmental disability.
(3) "Investigating agency" means any agency with a statutory
responsibility to report incidents of abuse or neglect, including,
but not limited to, adult protective services, child protective
services, community care licensing, the State Department of Health
Care Services, the State Department of Public Health, and the State
Department of Developmental Services.
(4) "Provider" means both licensed and unlicensed individuals or
agencies that provide residential or nonresidential services to
people with developmental disabilities, including, but not limited
to, all of the following:
(A) Day program services, including activity centers, adult
developmental centers, adult day care, behavior management services,
camping services, independent living services, infant development
services, and social recreation services.
(B) Transportation services.
(C) Work activity and supported employment services.
(D) Counseling and therapy services.
(E) Medical and dental services.
(F) Case management services and professional conservatorship and
guardianship services.
(G) Attendant or personal assistance services.
(H) Residential services, including community care facilities,
long-term care facilities, developmental centers, and supported
living services.
(5) "Substantiated report" means a report of abuse, as defined in
paragraph (1), that is provided by an investigating agency where that
agency has determined that it is more likely than not that abuse
occurred.