BILL ANALYSIS
AB 2702
Page 1
ASSEMBLY THIRD READING
AB 2702 (Chesbro)
As Amended April 20, 2010
Majority vote
HUMAN SERVICES 5-1 APPROPRIATIONS 12-0
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|Ayes:|Beall, Tom Berryhill, |Ayes:|Fuentes, Ammiano, |
| |Ammiano, Hall, Swanson | |Bradford, |
| | | |Charles Calderon, Coto, |
| | | |Davis, |
| | | |De Leon, Hall, Skinner, |
| | | |Solorio, Torlakson, |
| | | |Torrico |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Logue | | |
| | | | |
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SUMMARY : Requires that, notwithstanding any other provision of law,
regional centers shall ensure that, in developing, reviewing, or
modifying a consumer's individual program plan (IPP) or
individualized family service plan (IFSP), all decisions must be
made pursuant to procedures established in, respectively, the
Lanterman Developmental Disabilities Services Act (Lanterman Act) or
California Early Intervention Services Act (CEISA).
EXISTING LAW :
1)Establishes the Lanterman Act under which the Department of
Developmental Services (DDS) contracts with 21 private non-profit
regional centers to provide case management services and arrange
for, or purchase, services that meet the needs of individuals with
developmental disabilities.
2)Requires an IPP to be developed for every individual over the age
of 36 months who is eligible for regional center services.
Requires the IPP to identify the services and supports to be
purchased by the regional center or obtained from other agencies.
3)Defines "planning team" to mean the individual with developmental
disabilities; the parents or legally appointed guardian of a minor
AB 2702
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consumer or the legally appointed conservator of an adult
consumer, or an authorized representative; one or more regional
center representatives, including the designated regional center
service coordinator; and any individual, including a service
provider, invited by the consumer or the parents or legally
appointed guardian of a minor consumer or the legally appointed
conservator of an adult consumer, or the authorized
representative.
4)Provides that IPPs shall be prepared jointly by the planning team,
and that decisions concerning the consumer's goals, objectives,
and services and supports to be included in the IPP shall be made
by agreement between the regional center representative and the
consumer or, where appropriate, the parents, legal guardian,
conservator, or authorized representative at the program plan
meeting.
5)Establishes the CEISA and Early Start Program, funded through Part
C of the federal Individuals with Disabilities Education Act, to
promote a coordinated family service system for children from
birth to 36 months who have a developmental delay or an
established risk condition.
6)Requires regional centers to share primary responsibility for
provision of early intervention services with local education
agencies. Requires an IFSP to be developed for each eligible
child, delineating the child's levels of development, desired
outcomes, services to be provided, and methods to be used to
determine the child's progress.
7)Requires that final decisions regarding the IPP or IFSP be made
pursuant to the procedures for IPP and IFSP development set forth
in the Lanterman Act or CEISA, respectively. Welfare &
Institutions Code (W&I Code) Sections 4646.4(b) and (c).
FISCAL EFFECT : According to the Assembly Appropriations Committee,
no direct fiscal impact to Regional Centers or [DDS]. This bill
codifies current practice by referring to current law requirements
under the Lanterman Act and CEISA.
COMMENTS : Through the Lanterman Act, the State accepted "a
responsibility for persons with developmental disabilities and an
obligation to them which it must discharge." W&I Code Section 4501.
The rights of people with developmental disabilities and the
AB 2702
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corresponding obligations of the state toward them under the
Lanterman Act are implemented through the IPP procedure.
Regional centers are required to develop an IPP for each client over
the age of 36 months who is eligible for regional center services.
IPPs must be prepared jointly by the planning team. W&I Code
Section 4646(d). Planning teams include the individual with
developmental disabilities (consumer); the parents or legally
appointed guardian of a minor consumer or the legally appointed
conservator of an adult consumer, or an authorized representative;
one or more regional center representatives, including the
designated regional center service coordinator; and any individual,
including a service provider, invited by the consumer, parent, or
other legally authorized representative. W&I Code Section 4512(j).
Similar procedures are followed for children from birth to 36 months
who have a developmental delay or an established risk condition and
are eligible for services under the CEISA through the Early Start
Program. Education Code Section 95020. Each such eligible infant
or toddler is required to have an IFSP. Families must be afforded
the opportunity to participate in all decisions regarding
eligibility and services. Regional centers develop the IFSP and
share responsibility for provision of early intervention services
with local education agencies.
Need for this bill : According to the author, the need for this bill
relates to recent actions taken with respect to the state budget.
The author says that amendments to the Lanterman Act passed as part
of the 2009-10 Budget trailer bill related to DDS "created enough
ambiguity that some regional center staff members have evidently
thought that they could make changes in IPPs unilaterally without
going through the IPP process." The sponsor of this bill, The Arc
of California, asserts that "some regional center staff members have
mistakenly simply cut people off services without consultation, a
result no one intended." This bill would clarify that such
decisions continue to be within the purview of the planning team as
a whole, which includes the regional center as a participant.
Analysis Prepared by : Eric Gelber / HUM. S. / (916) 319-2089
FN: 0004209