BILL NUMBER: AB 2702	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 20, 2010
	AMENDED IN ASSEMBLY  APRIL 5, 2010

INTRODUCED BY   Assembly Member Chesbro

                        FEBRUARY 19, 2010

   An act to  amend Section 4646.4 of, and to  add Section
 4641.5 to   4646.7 to,  the Welfare and
Institutions Code, relating to developmental services.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2702, as amended, Chesbro. Developmental services: planning
teams.
   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 and requires an eligible infant or toddler receiving
services under the act to have an individualized family service plan
(IFSP).
   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, and for ensuring the
appropriateness and quality of those services and supports. Under
existing law, the department contracts with regional centers to
provide services and supports to persons with developmental
disabilities. 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.
   Under existing law, development and monitoring of IFSPs and IPPs
is done by planning teams, as defined, that include specified
participants.  Existing law requires the final decision regarding
a consumer's IPP or IFSP to be made pursuant to the relevant
statute. 
   This bill would  , instead,  require a regional center to
ensure, at the time of the development, scheduled review, or
modification of an IFSP or IPP, that the plan is made pursuant to the
relevant statute.
   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 4646.4 of the  
Welfare and Institutions Code   is amended to read: 
   4646.4.  (a) Effective September 1, 2008, regional centers shall
ensure, at the time of development, scheduled review, or modification
of a consumer's individual program plan developed pursuant to
Sections 4646 and 4646.5, or of an individualized family service plan
pursuant to Section 95020 of the Government Code, the establishment
of an internal process. This internal process shall ensure adherence
with federal and state law and regulation, and when purchasing
services and supports, shall ensure all of the following:
   (1) Conformance with the regional center's purchase of service
policies, as approved by the department pursuant to subdivision (d)
of Section 4434.
   (2) Utilization of generic services and supports when appropriate.

   (3) Utilization of other services and sources of funding as
contained in Section 4659.
   (4) Consideration of the family's responsibility for providing
similar services and supports for a minor child without disabilities
in identifying the consumer's service and support needs as provided
in the least restrictive and most appropriate setting. In this
determination, regional centers shall take into account the consumer'
s need for extraordinary care, services, supports and supervision,
and the need for timely access to this care. 
   (b) Final decisions regarding the consumer's individual program
plan shall be made pursuant to Section 4646.  
   (c) Final decisions regarding the individual family support plan
shall be made pursuant to Section 95020 of the Government Code.
 
   (d) 
    (b)  By no later than April 1, 2009, the department
shall provide the fiscal and policy committees of the Legislature
with a written update regarding the implementation of this section.
   SECTION 1.   SEC. 2.   Section 
4641.5   4646.7  is added to the Welfare and
Institutions Code, to read:
    4641.5.   4646.7.   (a) Notwithstanding
any other provision of law, a regional center shall ensure, at the
time of development, scheduled review, or modification of a consumer'
s individual program plan, that all decisions shall be made pursuant
to the procedure required by Section 4646.
   (b) Notwithstanding any other provision of law, a regional center
shall ensure, at the time of development, scheduled review, or
modification of a consumer's  individual family support
  individualized family service  plan, that all
decisions shall be made pursuant to the procedure required by Section
95020 of the Government Code.