Amended in Senate June 12, 2014

Amended in Senate May 15, 2014

Amended in Senate June 17, 2013

Amended in Assembly April 18, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 1089

Introduced by Assembly Member Ian Calderon

(Coauthors: Assembly Members Brown, Maienschein, Ting, and Wilk)

February 22, 2013

An act to amend Section 95014 of the Government Code, and to amend Section 4643.5 of the Welfare and Institutions Code, relating to foster care.

LEGISLATIVE COUNSEL’S DIGEST

AB 1089, as amended, Ian Calderon. Foster care.

The Lanterman Developmental Disabilities Services Act authorizes the State Department of Developmental Services to contract with regional centers to provide services and support to individuals with developmental disabilities and their families. The services and supports to be provided to a regional center consumer are contained in an individual program plan or individualized family service plan developed in accordance with prescribed requirements.

Existing law also provides that if a consumer is or has been determined to be eligible for services by a regional center, he or she shall also be considered eligible by any other regional center if he or she has moved to another location within the state. In addition, existing law provides that whenever a consumer transfers from one regional center catchment area to another, the level and types of services and supports specified in the consumer’s individual program plan shall be authorized and secured, as specified.

This bill would specify the transfer procedures that would apply when a consumer of regional center services who has an order for foster care, is awaiting foster care placement, or is placed in out-of-home care transfers between regional centers. Among other things, the bill would require the county social worker or county probation officer to immediately send a notice of relocation, as defined, to the sending regional center of begin delete the, end delete begin insert the consumer who meets the criteria set forth above, end insert and would require the sending regional center to immediately send a notice of transfer, as defined, and records needed for the planning process to the receiving regional center, as specified. The bill would establish specific timelines and procedures for making these transfers. By imposing new duties and a higher level of service on county employees, the bill would impose a state-mandated local program.

The bill would include a statement of legislative findings and declarations.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

SECTION 1.  

The Legislature finds and declares the following:

(a) Children in foster care are at increased risk for serious
developmental delays and disabilities as a result of abuse, neglect,
and prenatal exposure to drugs.

(b) Timely and consistent provision of quality remediation and
therapeutic services for children with developmental delays and
disabilities, such as those provided by California’s regional centers,
have been shown to greatly improve outcomes for these children.
Unfortunately, children in foster care are at increased risk for a
disruption in services due to frequent placement changes. These
disruptions cause dramatic setbacks in a child’s development and
well-being.

(c) It is imperative that children in foster care experience
minimal interruptions in developmental services. If circumstances
do not allow for advance planning during the transfer from one
regional center’s catchment area to another’s, it is critical to
facilitate continuity of services with a minimum of interruption.

(d) Therefore, regional centers shall put begin insert a end insert high priority on
minimizing delays in providing developmental services to children
in the foster care system.

SEC. 2.  

Section 95014 of the Government Code is amended
to read:

95014.  

(a) The term “eligible infant or toddler” for the
purposes of this title means infants and toddlers from birth through
two years of age, for whom a need for early intervention services,
as specified in the federal Individuals with Disabilities Education
Act (20 U.S.C. Sec. 1431 et seq.) and applicable regulations, is
documented by means of assessment and evaluation as required
in Sections 95016 and 95018 and who meet one of the following
criteria:

(1) Infants and toddlers with a developmental delay in one or
more of the following five areas: cognitive development; physical
and motor development, including vision and hearing;
communication development; social or emotional development;
or adaptive development. Developmentally delayed infants and
toddlers are those who are determined to have a significant
difference between the expected level of development for their
age and their current level of functioning. This determination shall
be made by qualified personnel who are recognized by, or part of,
a multidisciplinary team, including the parents. A significant
difference is defined as a 33-percent delay in one developmental
area before 24 months of age, or, at 24 months of age or older,
either a delay of 50 percent in one developmental area or a
33-percent delay in two or more developmental areas. The age for
use in determination of eligibility for the Early Intervention
Program shall be the age of the infant or toddler on the date of the
initial referral to the Early Intervention Program.

(2) Infants and toddlers with established risk conditions, who
are infants and toddlers with conditions of known etiology or
conditions with established harmful developmental consequences.
The conditions shall be diagnosed by qualified personnel
recognized by, or part of, a multidisciplinary team, including the
parents. The condition shall be certified as having a high
probability of leading to developmental delay if the delay is not
evident at the time of diagnosis.

(b) Regional centers and local educational agencies shall be
responsible for ensuring that eligible infants and toddlers are served
as follows:

(1) The State Department of Developmental Services and
regional centers shall be responsible for the provision of
appropriate early intervention services that are required for
California’s participation in Part C of the federal Individuals with
Disabilities Education Act (20 U.S.C. Sec. 1431 et seq.) for all
infants eligible under Section 95014, except for those infants with
solely a visual, hearing, or severe orthopedic impairment, or any
combination of those impairments, who meet the criteria in
Sections 56026 and 56026.5 of the Education Code, and in Section
3030(a), (b), (d), or (e) of, and Section 3031 of, Title 5 of the
California Code of Regulations.

(2) The State Department of Education and local educational
agencies shall be responsible for the provision of appropriate early
intervention services in accordance with Part C of the federal
Individuals with Disabilities Education Act (20 U.S.C. Sec. 1431
et seq.) for infants with solely a visual, hearing, or severe
orthopedic impairment, or any combination of those impairments,
who meet the criteria in Sections 56026 and 56026.5 of the
Education Code, and in Section 3030(a), (b), (d), or (e) of, and
Section 3031 of, Title 5 of the California Code of Regulations,
and who are not eligible for services under the Lanterman
Developmental Disabilities Services Act (Division 4.5
(commencing with Section 4500) of the Welfare and Institutions
Code).

(3) The transfer procedures and timelines, as provided under
subdivision (d) of Section 4643.5 of the Welfare and Institutions
Code, shall apply if the circumstances pertaining to an eligible
infant or toddler are that the child (A) has an order for foster care
placement, is awaiting foster care placement, or is placed in
out-of-home care through voluntary placement as defined in
subdivision (o) of Section 11400 of the Welfare and Institutions
Code, and (B) transfers between regional centers or local
educational agencies.

(c) For infants and toddlers and their families who are eligible
to receive services from both a regional center and a local
educational agency, the regional center shall be the agency
responsible for providing or purchasing appropriate early
intervention services that are beyond the mandated responsibilities
of local educational agencies and that are required for California’s
participation in Part C of the federal Individuals with Disabilities
Education Act (20 U.S.C. Sec. 1431 et seq.). The local educational
agency shall provide special education services up to its funded
program capacity as established annually by the State Department
of Education in consultation with the State Department of
Developmental Services and the Department of Finance.

(d) No agency or multidisciplinary team, including any agency
listed in Section 95012, shall presume or determine eligibility,
including eligibility for medical services, for any other agency.
However, regional centers and local educational agencies shall
coordinate intake, evaluation, assessment, and individualized
family service plans for infants and toddlers and their families who
are served by an agency.

(e) Upon termination of the program pursuant to Section 95003,
the State Department of Developmental Services shall be
responsible for the payment of services pursuant to this title.

SEC. 3.  

Section 4643.5 of the Welfare and Institutions Code
is amended to read:

4643.5.  

(a) If a consumer is or has been determined to be
eligible for services by a regional center, he or she shall also be
considered eligible by any other regional center if he or she has
moved to another location within the state.

(b) An individual who is determined by any regional center to
have a developmental disability shall remain eligible for services
from regional centers unless a regional center, following a
comprehensive reassessment, concludes that the original
determination that the individual has a developmental disability
is clearly erroneous.

(c) Whenever a consumer transfers from one regional center
catchment area to another, the level and types of services and
supports specified in the consumer’s individual program plan (IPP)
shall be authorized and secured, if available, pending the
development of a new IPP for the consumer. If these services and
supports do not exist, the regional center shall convene a meeting
to develop a new IPP within 30 days. Prior to approval of the new
IPP, the regional center shall provide alternative services and
supports that best meet the IPP objectives in the least restrictive
setting. The department shall develop guidelines that describe the
responsibilities of regional centers in ensuring a smooth transition
of services and supports from one regional center to another,
including, but not limited to, pretransferring planning and a dispute
resolution process to resolve disagreements between regional
centers regarding their responsibilities related to the transfer of
case management services.

(d) (1) The following procedures shall apply to a consumer
who is transferred from one regional center’s catchment area to a
different catchment area and meets any of the following conditions:

(A) The consumer has an order for foster care placement.

(B) The consumer is awaiting foster care placement.

(C) The consumer is placed in out-of-home care through
voluntary placement as defined in subdivision (o) of Section 11400.

(2) (A) The county social worker or county probation officer
shall immediately send a notice of relocation begin insert to the consumer’s
regional center of origin, which is the sending regional center, end insert
regarding a consumer who meets the criteria set forth in paragraph
(1). The consumer’s court-appointed attorney may also provide
written notice of relocation. The notice of relocation shall be
deemed received when the sending regional center receives written
notice of relocation.

(B) Upon receiving the notice of relocation, the sending regional
center shall immediately send a notice of transfer, and records
needed for the planning process, including, but not limited to, the
current IPP or individualized family services plan (IFSP),
assessments, contact information for the consumer, the caregiver,
the consumer's legal guardian, the current developmental services
decisionmaker, and the current educational rights holder, by priority
mail, facsimile, or begin delete electronic mail, end delete begin insert email, end insert to the receiving regional
begin delete center. end delete begin insert center, which is the regional center in the catchment area
that the child will be transferred to. end insert

(C) (i) The receiving regional center shall begin delete , as soon as possible, end delete
provide the sending regional center with contact information for
a staff member who is available to confer with the planning team
at the sending regional center regarding the types of services and
begin delete vendors end delete begin insert providers end insert available to address the service needs of the
consumer in his or her new residential location.

(ii) Within 14 days of the notice of transfer, the receiving
regional center shall provide begin delete authorization as needed to allow the
sending regional center to contract for services from appropriate
vendors through the courtesy vendorization process, as well as end delete begin insert the
sending regional center with end insert information regarding appropriate
vendors and services to meet the needs of the consumer.

(iii) The sending regional center shall confer with the planning
team and, using information provided by the receiving regional
center, determine whether changes to the current IPP or IFSP are
needed to meet the service needs of the consumer in the new
residential location.

(iv) Prior to transfer of case management, the sending regional
center shall ensure that services needed to support the consumer
in the new residential location are included in the IPP or IFSP begin delete , a
new service coordinator has been assigned, end delete and the consumer is
receiving the services and supports listed in the new or revised
IPP or IFSP.

(3) (A) In the case of a consumer receiving services under begin delete the
Lanterman Act, end delete begin insert this division, end insert notwithstanding subdivision (g) of
Section 4646, the sending regional center shall make every
reasonable effort to initiate services, as provided for in the
consumer’s current IPP, as soon as possible following the notice
of transfer to a new catchment area, but no later than 30 days from
the date of notice of transfer. Efforts shall begin in advance of the
IPP meeting. begin insert If all services identified in the consumer’s IPP have
not been initiated within 30 calendar days of the notice of transfer,
the regional center shall report to the court of jurisdiction as
described in subparagraph (B). end insert

(B)  begin delete No later than end delete begin insert If all services identified in the consumer’s IPP
have not been initiated within end insert 30 calendar days after the notice of
transfer, the sending regional center shall report in writing to the
court, the county social worker or probation officer, as applicable,
and the developmental services decisionmaker, all services that
are being provided to the consumer, and the process to secure any
additional services that have been identified in the consumer’s IPP
but not yet initiated. If all services identified in the consumer’s
IPP have not been initiated within 30 days, the regional center
shall report in writing to the court, county social worker, probation
officer, as applicable, and the developmental services
decisionmaker at 30-day intervals until all services are initiated.

(C) (i) Services shall continue to be provided pursuant to
subparagraph (A), pending the court’s appointment of a
developmental services decisionmaker, pursuant to subdivision
(g) of Section 319, subdivision (a) of Section 361, or subdivision
(b) of Section 726.

(ii) If the regional center is unable to obtain confirmation of the
parent’s, guardian’s, or current developmental services
decisionmaker’s participation in the IPP meeting, the regional
center shall notify the court having jurisdiction, the county placing
agency, and the consumer’s attorney that the appointment of a new
developmental services decisionmaker may be necessary.

(4) In the case of a consumer receiving services under the
California Early Intervention Program pursuant to Title 14
(commencing with Section 95000) of the Government Code, the
following procedures shall apply:

(A) The sending regional center shall make every reasonable
effort to initiate services, as provided for in the consumer’s current
IFSP, as soon as possible following the notice of transfer but no
later than 30 calendar days from the date of notice of transfer.
Efforts shall begin in advance of the IFSP meeting. begin insert If all services
identified in the consumer’s IFSP have not been initiated within
30 calendar days of the notice of transfer, the regional center shall
report to the court of jurisdiction as described in subparagraph
(B). end insert

(B)  begin delete Within end delete begin insert If all services identified in the consumer’s IFSP have
not been initiated within end insert 30 calendar days of the notice of transfer,
the sending regional center shall report in writing to the court, the
county social worker or probation officer, as applicable, and the
educational rights holder, all services that are being provided to
the consumer, and the process to secure any additional services
that have been identified in the consumer’s IFSP but not initiated.
If all services identified in the consumer’s IFSP have not been
initiated within 30 days, the regional center shall report in writing
to the court, county social worker, probation officer, as applicable,
and the educational rights holder at 30-day intervals until all
services are initiated.

(C) (i) Services not requiring consent shall continue to be
provided pursuant to subparagraph (A) pending the court’s
appointment of an educational rights holder, pursuant to
subdivision (g) of Section 319, subdivision (a) of Section 361, or
subdivision (b) of Section 726.

(ii) If the regional center is unable to obtain confirmation of the
parent’s, guardian’s, or current educational rights holder
participation in the IFSP meeting, the regional center shall notify
the court of jurisdiction, the county placing agency, and the
consumer’s attorney that the appointment of a new educational
rights holder may be necessary.

begin delete

(5) The regional center of origin and the consumer’s parent,
educational rights holder, or developmental services decisionmaker,
as applicable, may agree that the regional center of origin will
continue to serve the consumer and not transfer the case to the
regional center in the consumer’s new catchment area only if the
regional center of origin continues to provide all of the services
in the consumer’s IPP or IFSP. The regional center of origin shall
notify the regional center in the consumer’s new catchment area
within two business days of the receipt of the notice of relocation
that the regional center of origin will continue to provide services
despite the consumer’s relocation.

end delete

(e) For purposes of this section, the following definitions shall
apply:

(1) “Consumer” refers to individuals as defined in Section 4512
and any eligible infant or toddler, as defined in Section 95014 of
the Government Code.

(2) “Initiation of services” means the point at which the
consumer begins to receive a particular service and may include
assessment procedures for services, if necessary, if those services
begin immediately following the completion of the assessment.

(3) “Notice of relocation” means a written notice informing a
regional center that currently serves a consumer described in
subdivision (d) that the consumer has been relocated to a foster
home that is located in a catchment area that is not served by that
regional center. “Notice of relocation” includes, at a minimum,
the begin insert following information: end insert

begin insert (A) end insert begin insert   end insert begin insert The end insert consumer’s name, date of birth, and current begin delete address,
and the end delete begin insert address. end insert

begin insert (B) end insert begin insert   end insert begin insert The end insert name of the consumer’s caregiver.

begin insert

(C) The court of jurisdiction.

end insert begin insert

(D) The name of, and contact information for, the consumer’s
educational rights holder or developmental services decisionmaker,
if applicable.

end insert begin insert

(E) The name of, and contact information for, any person who
may provide authorization and consent for the release of the
consumer’s regional center records or vendor assessment records,
or both.

end insert

(4) “Notice of transfer” means a written notice that a consumer
described in paragraph (1) of subdivision (d) is transferring from
a regional center located in one catchment area to a regional center
located in a different catchment area and includes, at a minimum,
the following information:

(A) The consumer’s name and date of birth.

(B) The name of, and contact information for, the consumer’s
parent, or the consumer’s educational rights holder or
developmental services decisionmaker, if applicable.

(C) The name of, and contact information for, the consumer’s
current caregiver.

(D) A copy of the consumer’s current IFSP or IPP.

(E) The name of, and contact information for, the child’s county
social workers.

SEC. 4.  

If the Commission on State Mandates determines that
this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.