BILL NUMBER: AB 1260 AMENDED
BILL TEXT
AMENDED IN SENATE SEPTEMBER 4, 2009
AMENDED IN SENATE SEPTEMBER 2, 2009
AMENDED IN SENATE AUGUST 27, 2009
AMENDED IN ASSEMBLY APRIL 20, 2009
INTRODUCED BY Assembly Member Huffman
(Coauthors: Assembly Members Beall, Tom Berryhill, Blumenfield,
Buchanan, Carter, Galgiani, Jones, Krekorian,
Nava, Portantino, Salas, Silva, and Smyth)
(Coauthors: Senators DeSaulnier, Pavley, Runner, and
Strickland)
FEBRUARY 27, 2009
An act to amend Section 95020 of the Government Code, and
to amend Sections 4685, 4686.5, 4688.1, 4688.2,
and 4692 4686.5 and 4688.1 of the Welfare and
Institutions Code, relating to developmental services, and declaring
the urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 1260, as amended, Huffman. Developmental services: regional
centers.
Existing law, the California Early Intervention Services Act,
provides a statewide system of coordinated, comprehensive,
family-centered, multidisciplinary, and interagency programs that are
responsible for providing appropriate early intervention services
and support to all eligible infants and toddlers, as defined, and
their families. Existing law requires a written individualized family
service plan (IFSP) that includes, among other things, a statement
of the specific early intervention services necessary to meet the
unique needs of the infant or toddler, including, but not limited to,
the frequency, intensity, location, duration, and method of
delivering the services, and ways of providing services in natural
generic environments, including group training for parents on
behavioral intervention techniques in lieu of some or all of the
in-home parent training component of the behavior intervention
services, and purchase of neighborhood preschool services and needed
qualified personnel in lieu of infant development programs. After
July 1, 2009, existing law requires the regional center to consider
the use of group training for parents on behavior intervention
techniques in lieu of some or all of the in-home parent training
component of the behavior intervention services at the time of the
development, review, or modification of an infant's or toddler's
IFSP.
This bill would allow group training using designated personnel
and materials to be given in lieu of some or all of the in-home
parent training component of the behavior intervention services. The
bill would also require the IFSP team to consider, at the time of
development, review, or modification of an infant's or toddler's
IFSP, group training using the designated personnel and materials in
lieu of some or all of the in-home parent training component of the
behavior intervention services.
Under existing law, the Lanterman Developmental Disabilities
Services Act, the State Department of Developmental Services is
responsible for providing various services and supports to
individuals with developmental disabilities through contracts with
local, nonprofit regional centers. The services and supports to be
provided to a regional center consumer are contained in an individual
program plan (IPP), developed in accordance with prescribed
requirements. Those services and supports include, among other
things, respite services, alternative senior programs, and
alternative customized programs.
Under existing law, a regional center is prohibited from
purchasing more than 21 days of out-of-home respite services in a
fiscal year and more than 90 hours of in-home respite services in a
quarter.
This bill would , instead, prohibit the regional
centers from purchasing more than 98% of the annualized volume of
in-home and out-of-home respite services utilized by a consumer who
received those services in the 2008-09 fiscal year. The bill
would also require the regional centers to take appropriate steps to
make sure that sufficient program capacity exists to meet the
individual needs of consumers wishing to enroll in alternative senior
programs or alternative customized programs that are consistent with
the individual's IPP.
Existing law requires vendors of prescribed services to offer an
alternative senior program component and an alternative
customized program , as described.
This bill would , instead, permit these
components this component to be offered.
The bill would require the programs to be offered within the provider'
s existing capacity and would allow vendors to formulate agreements
to meet the program needs. The bill would also require the regional
centers to take appropriate steps to make sure that
sufficient program capacity exists to meet the individual needs of
consumers wishing to enroll in alternative senior programs that are
consistent with the individual's IPP.
Existing law prohibits regional centers from compensating various
specified programs for providing services to a consumer, and from
compensating transportation to those services, on specified holidays,
including November 11 and the 4 business days between December 25
and January 1. Under existing law, if the holiday falls on a Saturday
or a Sunday, the following Monday is deemed the holiday in lieu of
the day observed.
This bill would remove the November 11 holiday from the above
prohibition, add the day after Thanksgiving Day, and remove the
prohibition with regard to the four business days between December 25
and January 1 after July 1, 2011. Additionally, the bill would make
the Friday before the holiday the observed day if the holiday falls
on a Saturday.
This bill would declare that it is to take effect immediately as
an urgency statute.
Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 95020 of the Government Code
is amended to read:
95020. (a) An eligible infant or toddler shall have an
individualized family service plan. The individualized family service
plan shall be used in place of an individualized education program
required pursuant to Sections 4646 and 4646.5 of the Welfare and
Institutions Code, the individualized program plan required pursuant
to Section 56340 of the Education Code, or any other applicable
service plan.
(b) For an infant or toddler who has been evaluated for the first
time, a meeting to share the results of the evaluation, to determine
eligibility and, for children who are eligible, to develop the
initial individualized family service plan shall be conducted within
45 calendar days of receipt of the written referral. Evaluation
results and determination of eligibility may be shared in a meeting
with the family prior to the individualized family service plan.
Written parental consent to evaluate and assess shall be obtained
within the 45-day timeline. A regional center, local educational
agency, or the designee of one of those entities shall initiate and
conduct this meeting. Families shall be afforded the opportunity to
participate in all decisions regarding eligibility and services.
(c) Parents shall be fully informed of their rights, including the
right to invite another person, including a family member, an
advocate, a peer parent, or any or all of them, to accompany them to
any or all individualized family service plan meetings. With parental
consent, a referral shall be made to the local family resource
center or network.
(d) The individualized family service plan shall be in writing and
shall address all of the following:
(1) A statement of the infant's or toddler's present levels of
physical development including vision, hearing, and health status,
cognitive development, communication development, social and
emotional development, and adaptive developments.
(2) With the concurrence of the family, a statement of the family'
s concerns, priorities, and resources related to meeting the special
developmental needs of the eligible infant or toddler.
(3) A statement of the major outcomes expected to be achieved for
the infant or toddler and family where services for the family are
related to meeting the special developmental needs of the eligible
infant or toddler.
(4) The criteria, procedures, and timelines used to determine the
degree to which progress toward achieving the outcomes is being made
and whether modifications or revisions are necessary.
(5) (A) A statement of the specific early intervention services
necessary to meet the unique needs of the infant or toddler as
identified in paragraph (3), including, but not limited to, the
frequency, intensity, location, duration, and method of delivering
the services, and ways of providing services in natural environments,
including group training for parents on behavioral intervention
techniques using personnel and materials consistent with those in use
prior to August 1, 2009, in lieu of some or all of the in-home
parent training component of the behavior intervention services, and
purchase of neighborhood preschool services and needed qualified
personnel in lieu of infant development programs.
(B) Effective July 1, 2009, at the time of development, review, or
modification of an infant's or toddler's individualized family
service plan, the individual family service planning team shall
consider both of the following:
(i) The use of group training using personnel and materials
consistent with those in use prior to August 1, 2009, for parents on
behavior intervention techniques, in lieu of some or all of the
in-home parent training component of the behavior intervention
services.
(ii) The purchase of neighborhood preschool services and needed
qualified personnel, in lieu of infant development programs.
(C) Nothing in this section shall prevent or replace the in-home
parent training necessary for the health or safety of the consumer or
family.
(6) A statement of the agency responsible for providing the
identified services.
(7) The name of the service coordinator who shall be responsible
for facilitating implementation of the plan and coordinating with
other agencies and persons.
(8) The steps to be taken to ensure transition of the infant or
toddler upon reaching three years of age to other appropriate
services. These may include, as appropriate, special education or
other services offered in natural environments.
(9) The projected dates for the initiation of services in
paragraph (5) and the anticipated duration of those services.
(e) Each service identified on the individualized family service
plan shall be designated as one of three types:
(1) An early intervention service, as defined in subsection (4) of
Section 1432 of Title 20 of the United States Code, and applicable
regulations, that is provided or purchased through the regional
center, local educational agency, or other participating agency. The
State Department of Health Care Services, State Department of Social
Services, State Department of Mental Health, and State Department of
Alcohol and Drug Programs shall provide services in accordance with
state and federal law and applicable regulations, and up to the level
of funding as appropriated by the Legislature. Early intervention
services identified in an individualized family service plan that
exceed the funding, statutory, and regulatory requirements of these
departments shall be provided or purchased by regional centers or
local educational agencies under subdivisions (b) and (c) of Section
95014. The State Department of Health Care Services, State Department
of Social Services, State Department of Mental Health, and State
Department of Alcohol and Drug Programs shall not be required to
provide early intervention services over their existing funding,
statutory, and regulatory requirements.
(2) Another service, other than those specified in paragraph (1),
which the eligible infant or toddler or his or her family may receive
from other state programs, subject to the eligibility standards of
those programs.
(3) A referral to a nonrequired service that may be provided to an
eligible infant or toddler or his or her family. Nonrequired
services are those services that are not defined as early
intervention services or do not relate to meeting the special
developmental needs of an eligible infant or toddler related to the
disability, but that may be helpful to the family. The granting or
denial of nonrequired services by a public or private agency is not
subject to appeal under this title. Notwithstanding any other
provision of law or regulation to the contrary, effective July 1,
2009, with the exception of durable medical equipment, regional
centers shall not purchase nonrequired services, but may refer a
family to a nonrequired service that may be available to an eligible
infant or toddler or his or her family.
(f) An annual review, and other periodic reviews, of the
individualized family service plan for an infant or toddler and the
infant's or toddler's family shall be conducted to determine the
degree of progress that is being made in achieving the outcomes
specified in the plan and whether modification or revision of the
outcomes or services is necessary. The frequency, participants,
purpose, and required processes for annual and periodic reviews shall
be consistent with the statutes and regulations under Part C of the
federal Individuals with Disabilities Education Act (20 U.S.C. Sec.
1431 et seq.) and this title, and shall be specified in regulations
adopted pursuant to Section 95028.
SEC. 2. Section 4685 of the Welfare and
Institutions Code is amended to read:
4685. (a) Consistent with state and federal law, the Legislature
finds and declares that children with developmental disabilities most
often have greater opportunities for educational and social growth
when they live with their families. The Legislature further finds and
declares that the cost of providing necessary services and supports
that enable a child with developmental disabilities to live at home
is typically equal to or lower than the cost of providing out-of-home
placement. The Legislature places a high priority on providing
opportunities for children with developmental disabilities to live
with their families, when living at home is the preferred objective
in the child's individual program plan.
(b) It is the intent of the Legislature that regional centers
provide or secure family support services that do all of the
following:
(1) Respect and support the decisionmaking authority of the
family.
(2) Be flexible and creative in meeting the unique and individual
needs of families as they evolve over time.
(3) Recognize and build on family strengths, natural supports, and
existing community resources.
(4) Be designed to meet the cultural preferences, values, and
lifestyles of families.
(5) Focus on the entire family and promote the inclusion of
children with disabilities in all aspects of school and community.
(c) In order to provide opportunities for children to live with
their families, the following procedures shall be adopted:
(1) The department and regional centers shall give a very high
priority to the development and expansion of services and supports
designed to assist families that are caring for their children at
home, when that is the preferred objective in the individual program
plan. This assistance may include, but is not limited to, specialized
medical and dental care, special training for parents, infant
stimulation programs, respite for parents, homemaker services,
camping, day care, short-term out-of-home care, child care,
counseling, mental health services, behavior modification programs,
special adaptive equipment such as wheelchairs, hospital beds,
communication devices, and other necessary appliances and supplies,
and advocacy to assist persons in securing income maintenance,
educational services, and other benefits to which they are entitled.
(2) When children with developmental disabilities live with their
families, the individual program plan shall include a family plan
component which describes those services and supports necessary to
successfully maintain the child at home. Regional centers shall
consider every possible way to assist families in maintaining their
children at home, when living at home will be in the best interest of
the child, before considering out-of-home placement alternatives.
When the regional center first becomes aware that a family may
consider an out-of-home placement, or is in need of additional
specialized services to assist in caring for the child in the home,
the regional center shall meet with the family to discuss the
situation and the family's current needs, solicit from the family
what supports would be necessary to maintain the child in the home,
and utilize creative and innovative ways of meeting the family's
needs and providing adequate supports to keep the family together, if
possible.
(3) (A) To ensure that these services and supports are provided in
the most cost-effective and beneficial manner, regional centers may
utilize innovative service-delivery mechanisms, including, but not
limited to, vouchers; alternative respite options such as foster
families, vacant community facility beds, and crisis child care
facilities; group training for parents on behavioral intervention
techniques using personnel and materials consistent with those in use
prior to August 1, 2009, in lieu of some or all of the in-home
parent training component of the behavioral intervention services;
purchase of neighborhood preschool services and needed qualified
personnel in lieu of infant development programs; and alternative
child care options such as supplemental support to generic child care
facilities and parent child care cooperatives.
(B) Effective July 1, 2009, at the time of development, review, or
modification of a child's individualized family service plan or
individual program plan, the regional center shall consider both of
the following:
(i) The use of group training for parents on behavioral
intervention techniques using personnel and materials consistent with
those in use prior to August 1, 2009, in lieu of some or all of the
in-home parent training component of the behavioral intervention
services.
(ii) The purchase of neighborhood preschool services and needed
qualified personnel in lieu of infant development programs.
(C) Nothing in this section shall prevent or replace the in-home
parent training necessary for the health or safety of the consumer or
family.
(4) If the parent of a child receiving services and supports from
a regional center believes that the regional center is not offering
adequate assistance to enable the family to keep the child at home,
the parent may initiate a request for fair hearing as established in
this division. A family shall not be required to start a placement
process or to commit to placing a child in order to receive requested
services.
(5) Nothing in this section shall be construed to encourage the
continued residency of adult children in the home of their parents
when that residency is not in the best interests of the person.
(6) When purchasing or providing a voucher for day care services
for parents who are caring for children at home, the regional center
may pay only the cost of the day care service that exceeds the cost
of providing day care services to a child without disabilities. The
regional center may pay in excess of this amount when a family can
demonstrate a financial need and when doing so will enable the child
to remain in the family home.
(7) A regional center may purchase or provide a voucher for
diapers for children three years of age or older. A regional center
may purchase or provide vouchers for diapers under three years of age
when a family can demonstrate a financial need and when doing so
will enable the child to remain in the family home.
SEC. 3. SECTION 1. Section 4686.5 of
the Welfare and Institutions Code is amended to read:
4686.5. (a) Effective July 1, 2009, notwithstanding any other
provision of law or regulation to the contrary, all of the following
shall apply:
(1) A regional center may only purchase respite services when the
care and supervision needs of a consumer exceed that of an individual
of the same age without developmental disabilities.
(2) For a consumer who received respite services during the
2008-09 fiscal year, a regional center shall not purchase more than
98 percent of the annualized volume of in-home and out-of-home
respite services utilized by that consumer in that fiscal year.
(3) (A) A regional center may grant an exemption to the
requirements set forth in paragraphs (1) and (2) if it is
demonstrated that the intensity of the consumer's care and
supervision needs are such that additional respite is necessary to
maintain the consumer in the family home, or there is an
extraordinary event that impacts the family member's ability to meet
the care and supervision needs of the consumer.
(B) For purposes of this section, "family member" means an
individual who:
(i) Has a consumer residing with him or her.
(ii) Is responsible for the 24-hour care and supervision of the
consumer.
(iii) Is not a licensed or certified residential care facility or
foster family home receiving funds from a public agency or regional
center for the care and supervision provided. Notwithstanding this
provision, a relative who receives foster care funds shall not be
precluded from receiving respite.
(4) A regional center shall not purchase day care services to
replace or supplant respite services. For purposes of this section,
"day care" is defined as regularly provided care, protection, and
supervision of a consumer living in the home of his or her parents,
for periods of less than 24 hours per day, while the parents are
engaged in employment outside of the home or educational activities
leading to employment, or both.
(5) A regional center shall only consider in-home supportive
services a generic resource when the approved in-home supportive
services meets the respite need as identified in the consumer's
individual program plan (IPP) or individualized family service plan
(IFSP).
(b) For consumers receiving respite services on July 1, 2009, as
part of their IPP or IFSP, subdivision (a) shall apply on August 1,
2009.
(c) This section shall remain in effect until implementation of
the individual choice budget pursuant to Section 4648.6 and
certification by the Director of Developmental Services that the
individual choice budget has been implemented and will result in
state budget savings sufficient to offset the costs associated with
the repeal of this section. This section shall be repealed on the
date of certification.
SEC. 4. SEC. 2. Section 4688.1 of
the Welfare and Institutions Code is amended to read:
4688.1. (a) Notwithstanding any other provision of law or
regulation to the contrary, vendors of behavior management, activity
center, and adult development center day programs, social recreation
programs, socialization training programs, community integration
training programs, community activities support programs, creative
art programs, and work activity programs may offer an alternative
senior program component focused on the needs of individuals with
developmental disabilities who are over 50 years of age, at a rate
not to exceed the lesser of thirty-five dollars ($35) per day or the
vendor's existing dailyrate. The alternative senior program component
shall be provided at a ratio of no more than eight consumers to one
staff member.
(b) Effective July 1, 2009, at the time of development, review, or
modification of an eligible consumer's individual program plan,
regional centers, as appropriate, shall provide information about and
offer an alternative senior program. The alternative senior program
shall may be offered to eligible
consumers who want to transition to a program component focused on
the needs and interests of seniors.
(c) Consistent with the intent of this division, the alternative
senior program component shall be offered within the provider's
existing vendored capacity as reflected in its program design or
licensed capacity. In order to meet consumer demand for this option,
vendors may formulate agreements to meet the objectives of this
section.
(c)
(d) Regional centers shall take appropriate steps to
ensure that sufficient program capacity exists to meet the individual
needs of consumers wishing to enroll in an alternative senior
program that is consistent with the individual's individual program
plan.
SEC. 5. Section 4688.2 of the Welfare and
Institutions Code is amended to read:
4688.2. (a) Notwithstanding any other provision of law or
regulation to the contrary, vendors of behavior management, activity
center, and adult development center adult day programs, community
integration training programs, and community activities support
services programs may offer an alternative customized program
component with an appropriate staffing component to meet
individualized consumer needs.
(1) Regional centers shall take all appropriate steps to make sure
that sufficient program capacity with appropriate staffing
components exists to meet the individual needs of consumers wishing
to enroll in an alternative customized program that is consistent
with the individual's individual program plan.
(2) The regional center shall fund customized programs based on
the vendor's existing rate and only fund those hours provided.
(b) Effective July 1, 2009, at the time of development, review, or
modification of a consumer's individual program plan, regional
centers, as appropriate, shall provide information about and make
available the customized program option.
(1) The alternative customized program component shall be offered
to individuals with developmental disabilities who want a program
focused on their individualized needs and interests to develop or
maintain employment or volunteer activities in lieu of their current
program.
(2) Total hours of service for this alternative customized program
shall range between 20 and 80 hours per month, per person, depending
on the support needs of the individual.
SEC. 6. Section 4692 of the Welfare and
Institutions Code is amended to read:
4692. (a) Effective August 1, 2009, subject to subdivisions (c)
and (e), regional centers shall not compensate a work activity
program, activity center, adult development center, behavior
management program, social recreation program, adaptive skills
trainer, infant development program, program support group (day
service), socialization training program, client/parent support
behavior intervention training program, community integration
training program, community activities support service, or creative
arts program, as defined in Title 17 of the California Code of
Regulations, for providing service to a consumer on any of the
following holidays:
(1) January 1.
(2) The third Monday in January.
(3) The third Monday in February.
(4) March 31.
(5) The last Monday in May.
(6) July 4.
(7) The first Monday in September.
(8) Thanksgiving Day.
(9) The day after Thanksgiving Day.
(10) December 25.
(11) Until July 1, 2011, the four business days between December
25 and January 1.
(b) Effective August 1, 2009, subject to subdivisions (c) and (e),
regional centers shall not compensate a transportation vendor/family
member, transportation company, transportation/additional component
vendor, transportation broker, transportation assistant/vendor,
transportation vendor/auto driver, or transportation vendor/public or
rental car agency or taxi, in accordance with Title 17 of the
California Code of Regulations, for transporting a consumer to
receive services from the vendors specified in subdivision (a) for
the holidays set forth in paragraphs (1) to (11), inclusive, of
subdivision (a).
(c) If a holiday listed in this section falls on a Saturday, the
previous Friday shall be deemed the holiday in lieu of the day
observed. If a holiday listed in this section falls on a Sunday, the
following Monday shall be deemed to be the holiday in lieu of the day
observed.
(d) Contracts between the vendors described in this section and
regional centers shall reflect the holiday closures set forth in this
section and shall be renegotiated accordingly, as necessary.
(e) The department may adjust the holidays set forth in
subdivision (a) through a program directive. This directive shall be
provided to the regional centers and posted on the department's
Internet Web site at least 60 days prior to the effective date of the
change in holiday.
SEC. 7. SEC. 3. This act is an
urgency statute necessary for the immediate preservation of the
public peace, health, or safety within the meaning of Article IV of
the Constitution and shall go into immediate effect. The facts
constituting the necessity are:
In order to preserve needed services for persons with
developmental disabilities, it is necessary for this act to take
effect immediately.