Amended in Assembly March 28, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 1595

Introduced by Assembly Member Chesbro

February 3, 2014

An act begin insert to amend Sections 4433, 4433.5, 4474.1, 4478, 4520, 4521, and 4540 of the Welfare and Institutions Code, end insert relating to developmental services.

LEGISLATIVE COUNSEL’S DIGEST

AB 1595, as amended, Chesbro. State Council on Developmental Disabilities.

Existing federal law, the Developmental Disabilities Assistance and Bill of Rights Act of 2000, provides federal funds to assist the state in planning, coordinating, monitoring, and evaluating services for persons with developmental disabilities and in establishing a system to protect and advocate the legal and civil rights of persons with developmental disabilities.

Existing law establishes the State Council on Developmental Disabilities to, among other things, serve as the state planning council responsible for developing the California Developmental Disabilities State Plan and monitoring and evaluating the implementation of the plan. begin insert Existing law requires the Governor to appoint 31 voting members to end insert begin insert the council, including one member who is a parent, immediate relative, guardian, or conservator of a resident of a developmental center. Existing law also establishes the area boards on developmental disabilities to, among other things, conduct the local advocacy, capacity end insert begin insert building, and systemic change activities required by the federal Developmental Disabilities Assistance and Bill of Rights Act of 2000, and to assist the council on implementing provisions of the act. end insert

begin insert

This bill would instead require the Governor to appoint a person with developmental disabilities who is a current or former resident of an institution or his or her immediate relative, guardian, or conservator and would require the council to conduct advocacy, capacity building, and systemic change activities, as specified. The bill would make additional changes relating to the term of membership on the council.

end insert begin insert

Existing law establishes the State Department of Developmental Services and sets forth its powers and duties, including, but not limited to, the administration of state developmental centers and the administration and oversight of community programs providing services to consumers with developmental disabilities and their families. Existing law authorizes the department to contract with the council for the purpose of utilizing area boards to provide clients’ rights advocacy services to individuals with developmental disabilities who reside in developmental centers and state hospitals.

end insert begin insert

This bill would instead authorize the department to contract with the council to provide clients’ rights advocacy services to individuals with developmental disabilities who reside in developmental centers. The bill would make other conforming changes.

end insert begin delete

This bill would state the intent of the Legislature to enact legislation amending specified provisions pertaining to the operations, structure, and responsibilities of the State Council on Developmental Disabilities.

end delete

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

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

SECTION 1.  

The Legislature finds and declares the following:

(a) The State Council on Developmental Disabilities engages
in advocacy, capacity building, and systems change activities so
that individuals with developmental disabilities and their families
are assisted by a comprehensive system of services and supports
to achieve self-determination, independence, productivity, and
inclusion in all aspects of community life.

(b) The council is funded through an appropriation governed
by the federal Developmental Disabilities Assistance and Bill of
Rights Act of 2000 (Public Law 106-402)(42 U.S.C. 15001 et
seq.).

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 4433 of the end insert begin insert Welfare and Institutions Code end insert begin insert is
amended to read: end insert

4433.  

(a) The Legislature finds and declares all of the
following:

(1) The State of California accepts its responsibility to ensure
and uphold the rights of persons with developmental disabilities
and an obligation to ensure that laws, regulations, and policies on
the rights of persons with developmental disabilities are observed
and protected.

(2) Persons with developmental disabilities are vulnerable to
abuse, neglect, and deprivations of their rights.

(3) Clients’ rights advocacy services provided by the regional
centers, the advocacy services currently provided by the department
at the state hospitals, and the services provided by the department’s
Office of Human Rights may have conflicts of interest, or the
appearance of a conflict of interest.

(4) The services provided to individuals with developmental
disabilities and their families are of such a special and unique
nature that they cannot satisfactorily be provided by state agencies
or regional centers and must be contracted out pursuant to
paragraph (3) of subdivision (b) of Section 19130 of the
Government Code.

(b) (1) To avoid the potential for a conflict of interest or the
appearance of a conflict of interest, beginning January 1, 1998,
the department shall contract for clients’ rights advocacy services.
The department shall solicit a single statewide contract with a
nonprofit agency that results in at least three responsive bids that
meet all of the criteria specified in paragraph (2) to perform the
services specified in subdivision (d). If three responsive bids are
not received, the department may rebid the contract on a regional
basis, not to exceed three regional contracts and one contract for
developmental centers and headquarters.

(2) Any contractor selected shall meet the following
requirements:

(A) The contractor can demonstrate the capability to provide
statewide advocacy services to individuals with developmental
disabilities living in developmental centers and in the community.

(B) The contractor does not directly or indirectly provide
services to individuals with developmental disabilities, except
advocacy services.

(C) The contractor has knowledge of the service system,
entitlements, and service rights of persons receiving services from
regional centers and in state hospitals.

(D) The contractor can demonstrate the capability of
coordinating services with the protection and advocacy agency
specified in Division 4.7 (commencing with Section 4900) begin delete and the
area boards end delete .

(E) The contractor has not provided any services, except
advocacy services, to, or been employed by, any regional center
or the Association of Regional Center Agencies during the two-year
period prior to the effective date of the contract.

(c) For the purposes of this section, the Legislature further finds
and declares that because of a potential conflict of interest or the
appearance of a conflict of interest, the goals and purposes of the
regional center clients’ rights advocacy services, the state hospitals,
and the services of the Office of Human Rights, cannot be
accomplished through the utilization of persons selected pursuant
to the regular civil service system, nor can the services be provided
through the department’s contracts with regional centers.
Accordingly, contracts into which the department enters pursuant
to this section are permitted and authorized by paragraphs (3) and
(5) of subdivision (b) of Section 19130 of the Government Code.

(d) The contractor shall do all of the following:

(1) Provide clients’ rights advocacy services to persons with
developmental disabilities who are consumers of regional centers
and to individuals who reside in the state developmental centers
and hospitals, including ensuring the rights of persons with
developmental disabilities, and assisting persons with
developmental disabilities in pursuing administrative and legal
remedies.

(2) Investigate and take action as appropriate and necessary to
resolve complaints from, or concerning persons with,
developmental disabilities residing in licensed health and
community care facilities regarding abuse, and unreasonable denial,
or punitive withholding, of rights guaranteed under this division.

(3) Provide consultation, technical assistance, supervision and
training, and support services for clients’ rights advocates that
were previously the responsibility of the Office of Human Rights.

(4) Coordinate the provision of clients’ rights advocacy services
in consultation with the department, stakeholder organizations,
and persons with developmental disabilities and their families
representing California’s multicultural diversity.

(5) Provide at least two self-advocacy trainings for consumers
and family members.

(e) In order to ensure that individuals with developmental
disabilities have access to high quality advocacy services, the
contractor shall establish a grievance procedure and shall advise
persons receiving services under the contract of the availability of
other advocacy services, including the services provided by the
protection and advocacy agency specified in Division 4.7
(commencing with Section 4900) begin delete and the area boards end delete .

(f) The department shall contract on a multiyear basis for a
contract term of up to five years, subject to the annual appropriation
of funds by the Legislature.

(g) This section shall not prohibit the department and the
regional centers from advocating for the rights, including the right
to generic services, of persons with developmental disabilities.

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 4433.5 of the end insert begin insert Welfare and Institutions Code end insert
begin insert is amended to read: end insert

4433.5.  

Notwithstanding Section 4433, the department may
contract with the State Council on Developmental Disabilities for
the purpose of begin delete utilizing area boards to provide end delete begin insert providing end insert clients’
rights advocacy services to individuals with developmental
disabilities who reside in developmental begin delete centers and state hospitals.
It is the intent of the Legislature that area boards maintain local
discretion in the provision of these advocacy services. The state
council shall not direct the advocacy services provided by area
boards pursuant to this contract, except when necessary to ensure
compliance with the contracts. end delete begin insert centers. end insert

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 4474.1 of the end insert begin insert Welfare and Institutions Code end insert
begin insert is amended to read: end insert

4474.1.  

(a) Whenever the State Department of Developmental
Services proposes the closure of a state developmental center, the
department shall be required to submit a detailed plan to the
Legislature not later than April 1 immediately prior to the fiscal
year in which the plan is to be implemented, and as a part of the
Governor’s proposed budget. begin delete No end delete begin insert A end insert plan submitted to the
Legislature pursuant to this section, including any modifications
made pursuant to subdivision (b), shall begin insert not end insert be implemented without
the approval of the Legislature.

(b) A plan submitted on or before April 1 immediately prior to
the fiscal year in which the plan is to be implemented may be
subsequently modified during the legislative review process.

(c) Prior to submission of the plan to the Legislature, the
department shall solicit input from the State Council on
Developmental Disabilities, the Association of Regional Center
Agencies, the protection and advocacy agency specified in Section
4901, begin delete the local area board on developmental disabilities, end delete the local
regional center, consumers living in the developmental center,
parents, family members, guardians, and conservators of persons
living in the developmental centers or their representative
organizations, persons with developmental disabilities living in
the community, developmental center employees and employee
organizations, community care providers, the affected city and
county governments, and business and civic organizations, as may
be recommended by local state Senate and Assembly
representatives.

(d) Prior to the submission of the plan to the Legislature, the
department shall confer with the county in which the developmental
center is located, the regional centers served by the developmental
center, and other state departments using similar occupational
classifications, to develop a program for the placement of staff of
the developmental center planned for closure in other
developmental centers, as positions become vacant, or in similar
positions in programs operated by, or through contract with, the
county, regional centers, or other state departments.

(e) Prior to the submission of the plan to the Legislature, the
department shall hold at least one public hearing in the community
in which the developmental center is located, with public comment
from that hearing summarized in the plan.

(f) The plan submitted to the Legislature pursuant to this section
shall include all of the following:

(1) A description of the land and buildings affected.

(2) A description of existing lease arrangements at the
developmental center.

(3) The impact on residents and their families.

(4) Anticipated alternative placements for residents.

(5) The impact on regional center services.

(6) Where services will be obtained that, upon closure of the
developmental center, will no longer be provided by that facility.

(7) Potential job opportunities for developmental center
employees and other efforts made to mitigate the effect of the
closure on employees.

(8) The fiscal impact of the closure.

(9) The timeframe in which closure will be accomplished.

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 4478 of the end insert begin insert Welfare and Institutions Code end insert begin insert is
amended to read: end insert

4478.  

(a) The chairperson of an advisory board advising a
developmental center shall meet annually with the developmental
center director, the regional center directors, and begin delete the area board
chairpersons representing areas within the developmental center’s
service area, as defined in Division 4.5 (commencing with Section
4500) end delete begin insert a representative of the State Council on Developmental
Disabilities end insert .

(b) The chairpersons shall be allowed necessary expenses
incurred in attending these meetings.

(c) It is the intent of the Legislature that the department assist
the development of annual regional meetings required by this
section.

begin insert

begin insert SEC. 6. end insert   

end insert

begin insert Section 4520 of the end insert begin insert Welfare and Institutions Code end insert begin insert is
amended to read: end insert

4520.  

(a) The Legislature finds that services for persons with
developmental disabilities constitute a major expenditure of public
funds, that these programs are provided by hundreds of public and
private statewide and local agencies, that the legal, civil, and
service rights of persons with developmental disabilities are
frequently denied, and that there is no effective method for
planning and coordinating the state’s resources to assure these
rights. Therefore, a State Council on Developmental Disabilities
with authority independent of any single state service agency is
needed and is hereby created begin insert to conduct advocacy, capacity
building, and system end insert begin insert ic change activities, as required by the federal
Developmental Disabilities Assistance and Bill of Rights Act of
2000 (Public Law 106-402 (42 U.S.C. Sec. 15001 et seq.)) end insert .

(b) The Legislature further finds that the state faces unique
challenges because of its size and diversity, and begin insert that end insert neighborhoods
and communities lack the support necessary to monitor system
functions and begin delete ensure the legal, civil, and service end delete begin insert advocate for the end insert
rights begin insert and interests end insert of persons with developmental disabilities.
Therefore, local area boards on developmental disabilities shall
be established to conduct the local advocacy, capacity building,
and systemic change activities required by the federal
Developmental Disabilities Assistance and Bill of Rights Act of
2000 (Public Law 106-402 (42 U.S.C. Sec. 15001)).

(c) This chapter, Chapter 3 (commencing with Section 4560),
begin delete and end delete Chapter 4 (commencing with Section begin delete 4570), end delete begin insert 4571), end insert and
Division 4.7 (commencing with Section 4900), are intended by
the Legislature to secure full compliance with the requirements of
the Developmental Disabilities Assistance and Bill of Rights Act
of 2000 (Public Law 106-402), as amended and extended, which
provides federal funds to assist the state in planning, coordinating,
monitoring, and evaluating services for persons with developmental
disabilities and in establishing a system to protect and advocate
the legal and civil rights of persons with developmental disabilities.

begin insert

begin insert SEC. 7. end insert   

end insert

begin insert Section 4521 of the end insert begin insert Welfare and Institutions Code end insert begin insert is
amended to read: end insert

4521.  

(a) All references to “state council” in this part shall be
a reference to the State Council on Developmental Disabilities.

(b) There shall be 31 voting members on the state council
appointed by the Governor, as follows:

(1) One member from each of the 13 area boards on
developmental disabilities described in Article 6 (commencing
with Section 4543), nominated by the area board to serve as a
council member, who shall be persons with a developmental
disability, as defined in Section 15002(8) of Title 42 of the United
States Code, or parents or guardians of minors with developmental
disabilities or conservators of adults with developmental disabilities
residing in California. Five of these members shall be persons with
a developmental disability, as defined in Section 15002(8) of Title
42 of the United States Code, three shall be parents, immediate
relatives, guardians, or conservators of persons with developmental
disabilities, and five shall be either a person with a developmental
disability or a parent, immediate relatives, guardian, or conservator
of a person with a developmental disability. The nominee from
each area board shall be an area board member who was appointed
by the Governor.

(2) Eleven members of the council shall include the following:

(A) The Secretary of California Health and Human Services,
or his or her designee, who shall represent the agency and the state
agency that administers funds under Title XIX of the Social
Security Act for people with developmental disabilities.

(B) The Director of Developmental Services or his or her
designee.

(C) The Director of Rehabilitation or his or her designee.

(D) The Superintendent of Public Instruction or his or her
designee.

(E) A representative from a nongovernmental agency or group
concerned with the provision of services to persons with
developmental disabilities.

(F) One representative from each of the three university centers
for excellence in the state, pursuant to Section 15061 et seq. of
Title 42 of the United States Code, providing training in the field
of developmental services. These individuals shall have expertise
in the field of developmental disabilities.

(G) The Director of Health Care Services or his or her designee.

(H) The executive director of the agency established in
California to fulfill the requirements and assurance of Title I,
Subtitle C, of the federal Developmental Disabilities Assistance
and Bill of Rights Act of 2000 for a system to protect and advocate
the rights of persons with developmental disabilities, or his or her
designee.

(I) The Director of begin insert the California Department of end insert Aging or his
or her designee.

(3) Seven members at large, appointed by the Governor, as
follows:

(A) Three shall be persons with developmental disabilities, as
defined in Section 15002(8) of Title 42 of the United States Code.

(B) One shall be a person begin insert with developmental disabilities end insert who
is a begin delete parent, end delete begin insert current or former resident of an institution end insert begin insert or his or
her end insert immediate relative, guardian, or conservator begin delete of a resident of
a developmental center end delete .

(C) One shall be a person who is a parent, immediate relative,
guardian, or conservator of a person with a developmental disability
living in the community.

(D) One shall be a person who is a parent, immediate relative,
guardian, or conservator of a person with a developmental disability
living in the community, nominated by the Speaker of the
Assembly.

(E) One shall be a person with developmental disabilities, as
defined in Section 15002(8) of Title 42 of the United States Code,
nominated by the Senate Committee on Rules.

(c) Prior to appointing the 31 members pursuant to this section,
the Governor shall request and consider recommendations from
organizations representing, or providing services to, or both,
persons with developmental disabilities, and shall take into account
socioeconomic, ethnic, and geographic considerations of the state.

(d) The term of each member described in paragraph (1) of,
begin delete subparagraphs (E) and (H) end delete begin insert subparagraph (E) end insert of paragraph (2) of,
and paragraph (3) of, subdivision (b) shall be for three begin delete years;
provided, however, of end delete begin insert years. Of end insert the members first appointed by
the Governor pursuant to paragraph (1) of subdivision (b), five
shall hold office for three years, four shall hold office for two
years, and four shall hold office for one year. In no event shall any
member described in paragraph (1) of, subparagraphs (E) and (H)
of paragraph (2) of, and paragraph (3) of, subdivision (b) serve for
more than a total of six years of service. Service by any individual
on any state council on developmental disabilities existing on and
after January 1, 2003, shall be included in determining the total
length of service.

begin delete

(e) Members appointed to the state council prior to June 1, 2002,
shall continue to serve until the term to which they were appointed
expires. Members appointed on June 1, 2002, or thereafter shall
have their terms expire on January 1, 2003.

end delete begin delete

(f) Notwithstanding subdivision (c) of Section 4546, members
described in subdivision (b) shall continue to serve on the area
board following the expiration of their term on the area board until
their term on the state council has expired.

end delete begin delete

(g)

end delete

begin insert (e) end insert  A member may continue to serve following the expiration
of his or her term until the Governor appoints that member’s
successor. The state council shall notify the Governor regarding
membership requirements of the council and shall notify the
Governor at least 60 days before a member’s term expires, and
when a vacancy on the council remains unfilled for more than 60
days.

begin insert

begin insert SEC. 8. end insert   

end insert

begin insert Section 4540 of the end insert begin insert Welfare and Institutions Code end insert begin insert is
amended to read: end insert

4540.  

In order to comply with the intent and requirements of
this division and Public Law 106-402 (42 U.S.C. Sec. 15001 et
seq.), the state council, in addition to any other responsibilities
established under this division and to the extent that resources are
available, shall do all of the following:

begin insert

(a) Serve as an advocate for individuals with developmental
disabilities and, through council members, staff, consultants, and
contractors and grantees, conduct advocacy, capacity building,
and systemic change activities.

end insert begin delete

(a)

end delete

begin insert (b) end insert  Serve as the “state planning council” responsible for
developing the “California Developmental Disabilities State Plan,”
in accordance with requirements issued by the United States
Secretary of Health and Human Services, monitoring and
evaluating the implementation of this plan, reviewing and
commenting on other plans and programs in the state affecting
persons with developmental disabilities, and submitting these
reports as the United States Secretary of Health and Human
Services may reasonably request.

begin delete

(b)

end delete

begin insert (c) end insert  Serve as the official agency responsible for planning the
provision of the federal funds allotted to the state under Public
Law 106-402 (42 U.S.C. Sec. 15001 et seq.), and apportion these
funds among agencies and area developmental disabilities boards
in compliance with applicable state and federal law.

begin delete

(c)

end delete

begin insert (d) end insert  Prepare and approve a budget, for the use of amounts paid
to the state to hire any staff and to obtain the services of any
professional, technical, or clerical personnel consistent with state
and federal law, as the council determines to be necessary to carry
out its functions.

begin delete

(d)

end delete

begin insert (e) end insert  (1) Conduct activities related to meeting the objectives of
the state plan. To the extent that resources are available, these
activities shall include all of the following:

(A) Through support of the area boards, engaging in
geographically based outreach and individual and systemic
advocacy to assist and enable individuals and families to obtain
services, supports, and other forms of assistance.

(B) Support and conduct technical assistance activities to assist
public and private entities to contribute to the objectives of the
state plan.

(C) Support and conduct activities to promote interagency
collaboration and coordination at the state and local levels.

(D) Support and conduct activities to educate the public about
the capabilities, preferences, and needs of individuals with
developmental disabilities and their families, and to develop and
support coalitions that support the policy agenda of the council,
including training in self-advocacy, education of policymakers,
and citizen leadership roles.

(E) Support and conduct activities to provide information to
policymakers.

(2) These activities may also include, but shall not be limited
to, all of the following:

(A) Support and conduct training for persons with developmental
disabilities, their families, and personnel, to enable these
individuals to obtain access to, or to provide, community services,
individualized supports, and other forms of assistance.

(B) Support and conduct activities to assist neighborhoods and
communities to respond positively to individuals with disabilities
and their families.

(C) Support and conduct activities to eliminate barriers to access
and use of community services by individuals with developmental
disabilities, enhance system design and redesign, and enhance
citizen participation.

(D) Support and conduct, on a time-limited basis, activities to
demonstrate new approaches to serving individuals with
developmental disabilities that are a part of an overall strategy for
systemic change.

begin delete

(e)

end delete

begin insert (f) end insert  Conduct other activities, including, but not limited to, public
hearings and forums and the evaluation and issuance of public
reports on the programs identified in the state plan, as may be
necessary to carry out the duties of the state council.

begin delete

(f)

end delete

begin insert (g) end insert  Review and comment on pertinent portions of the proposed
plans and budgets of all state agencies serving persons with
developmental disabilities to include, but not be limited to, the
State Department of Education, the Department of Rehabilitation,
and the State Department of Developmental Services. This review
may include public hearings prior to the submission of the
Governor’s Budget to the Legislature, with advice directed to the
Governor, and after introduction of the Governor’s Budget, with
advice directed to the Legislature.

begin delete

(g)

end delete

begin insert (h) end insert   begin insert (1) end insert begin insert   end insert Prepare an annual written report of its activities, its
recommendations, and an evaluation of the efficiency of the
administration of this division to the Governor and the Legislature.

begin delete

This

end delete

begin insert (2) end insert begin insert   end insert begin insert This end insert report shall include both the statewide activities of the
state council and the local activities of the area boards.

begin delete

(h)

end delete

begin insert (i) end insert  Review and publicly comment on significant regulations
proposed to be promulgated by any state agency in the
implementation of this division.

begin delete

(i)

end delete

begin insert (j) end insert  Monitor the execution of this division and report directly to
the Governor and the Legislature any delay in the rapid execution
of this division.

begin delete

(j)

end delete

begin insert (k) end insert  Be responsible for monitoring and evaluating the
effectiveness of appeals procedures established in this division.

begin delete

(k)

end delete

begin insert (l) end insert  Provide testimony to legislative committees reviewing fiscal
or policy matters pertaining to persons with developmental
disabilities.

begin delete

(l)

end delete

begin insert (m) end insert   begin insert (1) end insert begin insert   end insert Conduct, or cause to be conducted, investigations or
public hearings to resolve disagreements between state agencies,
or between state and regional or local agencies, or between persons
with developmental disabilities and agencies receiving state funds.
These investigations or public hearings shall be conducted at the
discretion of the state council only after all other appropriate
administrative procedures for appeal, as established in state and
federal law, have been fully utilized.

begin delete

Except

end delete

begin insert (2) end insert begin insert   end insert begin insert Except end insert as otherwise provided in this division, the state
council shall not engage in the administration of the day-to-day
operation of service programs identified in the state plan, nor in
the financial management and accounting of funds. These activities
shall be performed by appropriate agencies designated in the state
plan.

begin delete

(m)

end delete

begin insert (n) end insert  To the greatest extent possible, area boards shall participate
in conducting the activities described in this section.

begin delete

SEC. 2.  

It is the intent of the Legislature to enact legislation
to amend Division 4.5 (commencing with Section 4500) of the
Welfare and Institutions Code, as it pertains to the operations,
structure, and responsibilities of the State Council on
Developmental Disabilities. These changes will bring state law
into full compliance with federal law in order to provide for the
continued operation of the council.

end delete