BILL NUMBER: AB 2702	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 5, 2010
	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 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   all decisions
pertaining to the purchase and provision of services to that consumer
are  made pursuant to the relevant  statute 
 statutes  .
   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) 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.
  SEC. 2.  Section 4646.7 is added to the Welfare and Institutions
Code, to read:
   4646.7.  (a)    Notwithstanding any other
provision of law, a     A  regional
center shall ensure, at the time of development, scheduled review, or
modification of a consumer's individual program plan, that all
decisions  pursuant to Chapter 9 of the Fourth Extraordinary
Session of the Statutes of 2009 pertaining to the purchase and
provision of services to that consumer  shall be made pursuant
to the  procedure   procedures  required by
 Section 4646   Sections 4646 and 4646.5 
.
   (b)    Notwithstanding any other
provision of law, a     A  regional center
shall ensure, at the time of development, scheduled review, or
modification of a consumer's individualized family service plan, that
all decisions  pursuant to Chapter 9 of the Fourth Extraordinary
Session of the Statutes of 2009 pertaining to the purchase and
provision of services to that consumer  shall be made pursuant
to the procedure required by Section 95020 of the Government Code.

   (c) Subdivisions (a) and (b) shall apply only to procedure.
Nothing in this section shall modify or affect a substantive
requirement in Chapter 9 of the Fourth Extraordinary Session of the
Statutes of 2009.  
   (d) Nothing in this section shall modify or affect a provision
that is not in Chapter 9 of the Fourth Extraordinary Session of the
Statutes of 2009.