Amended in Assembly April 21, 2014

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 to amend Sections 4433, 4433.5, 4474.1, 4478, 4520, 4521, begin delete and end delete begin insert 4525, 4530, 4535, end insert 4540 begin insert , 4544, 4545, 4547, 4550, 4552, 4561, 4562, 4563, 4564, 4565, 4566, 4626, 4628, 4629, 4635, 4640.6, 4646, 4646.5, 4648, 4649, 4650, 4659, 4662, 4669.2, 4677, 4685.8, 4701, 4702.6, 4705, 4775, 4830, 4831, 4832, and 4835 of, to amend the heading of Article 3 (commencing with Section 4530) of, to amend the heading of Article 6 (commencing with Section 4543) of, to amend the heading of Article 7 (commencing with Section 4550) of, Chapter 2 of Division 4.5 of, to repeal Sections 4543 and 4560 end insert of begin insert , and to repeal and add Sections 4546, 4548, 4551, and 4553 of, end insert the Welfare and Institutions Code, 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 council to conduct activities related to meeting the objectives of the state plan. Existing law requires these activities to include, among other things, supporting and conducting technical assistance activities to assist public and private entities to contribute to the objectives of the state plan, and authorizes the activities to include, among other things, supporting and conducting activities to assist neighborhoods and communities to respond positively to individuals with disabilities and their families. end insert

begin insert

This bill would revise the activities the council is authorized to do to include, among other things, encouraging and assisting in the establishment or strengthening of self-advocacy organizations led by individuals with developmental disabilities and appoint an authorized representative for persons with developmental disabilities, as specified. The bill would make additional changes relating to the activities of the council.

end insert begin delete

Existing

end delete

begin insert Existing end insert law requires the Governor to appoint 31 voting members to the council, including begin delete one member who is a parent, immediate relative, guardian, or conservator of a resident of a developmental center. end delete begin insert end insert begin insert 13 members from the area boards and 7 members at large. Existing law requires the Governor, prior to appointing specified council members, to request and consider recommendations from organizations representing, or providing services to, or both, persons with developmental disabilities. Existing law also limits the term of those members to 3 years. end insert

begin insert

This bill would instead require 20 members of the council to be nonagency members who reflect the socioeconomic, geographic, disability, racial, ethnic, and language diversity of the state, and who shall be persons with a developmental disability, or their parents, immediate relatives, guardians, or conservators residing in California, as specified. The bill would additionally require the Governor to consult with the current members of the council prior to appointing specified members and would require those members to serve no more than 2 terms.

end insert begin delete

Existing

end delete

begin insert Existing end insert law also establishes the area boards on developmental disabilities to, among other things, conduct the local advocacy, capacity 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. begin insert Existing law requires area boards to locally assist the state council with the implementation of specified federal provisions and provides for the composition of area boards. end insert

begin delete

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 delete begin insert

This bill would revise and recast the area boards as regional offices or the regional advisory committees of the regional offices, and transfer certain existing duties of the area boards to the regional offices or the regional advisory committees. The bill would require the regional advisory committees to advise the state council and its regional office on local issues and to identify and provide input regarding local systemic needs within its community. The bill would also transfer other certain duties of the area boards to the state council, including, among others, the duty 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. The bill would make conforming changes.

end insert begin insert

Existing law requires the state council chairperson to appoint an executive director and to appoint an executive director for each area board, as specified. Existing law requires the state council to have responsibility for the selection, hiring, and supervision of all state council personnel.

end insert begin insert

This bill would instead require the executive director to appoint a director for each regional office and would instead require the state council, through its executive director, to have responsibility for the selection, hiring, and supervision of all state council personnel.

end 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.

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.

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.  

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.).

SEC. 2.  

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

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 begin delete interest, end delete begin insert interest end insert 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).

(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 begin delete with, end delete begin insert with end insert
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).

(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.

SEC. 3.  

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

4433.5.  

Notwithstanding Section 4433, the department may
contract with the State Council on Developmental Disabilities for
the purpose of providing clients’ rights advocacy services to
individuals with developmental disabilities who reside in
developmental centers.

SEC. 4.  

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

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. A plan submitted to the Legislature
pursuant to this section, including any modifications made pursuant
to subdivision (b), shall not 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, 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.

SEC. 5.  

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

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 a representative
of the State Council on Developmental Disabilities.

(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.

SEC. 6.  

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

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 to conduct advocacy, capacity
building, and systemic 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.)).

(b) The Legislature further finds that the state faces unique
challenges because of its size and diversity, and that neighborhoods
and communities lack the support necessary to monitor system
functions and advocate for the rights and interests of persons with
developmental disabilities. Therefore, begin delete 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)). end delete begin insert in order to ensure that the council is accessible and
responsive to the diverse geographic, racial, ethnic, and language
needs of persons with developmental disabilities and their families
throughout California, the council shall establish, maintain, and
operate regional offices, and determine the number and location
of its regional offices. end insert

(c) This chapter, Chapter 3 (commencing with Section begin delete 4560), end delete
begin insert 4561), end insert Chapter 4 (commencing with Section 4571), 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.

SEC. 7.  

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

4521.  

(a)  begin insert (1) end insert begin insert   end insert All references to begin insert “council” or end insert “state council”
in this begin delete part end delete begin insert division end insert shall be a reference to the State Council on
Developmental Disabilities.

begin insert

(2) “Developmental disability,” as used in this chapter, means
a developmental disability as defined in Section 15002(8) of Title
42 of the United State Code.

end insert

(b) There shall be 31 voting members on the state council
appointed by the Governor begin insert from among the residents of the state end insert ,
as follows:

begin delete

(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.

end delete begin insert

(1) Twenty members of the council shall be nonagency members
who reflect the socioeconomic, geographic, disability, racial,
ethnic, and language diversity of the state, and who shall be
persons with a developmental disability or their parents, immediate
relatives, guardians, or conservators residing in California. Of
the 20 members:

end insert begin insert

(A) At least seven members shall be persons with developmental
disabilities.

end insert begin insert

(B) At least seven members shall be a person who is a parent,
immediate relative, guardian, or conservator of a person with a
developmental disability.

end insert begin insert

(C) At least one member shall be from each of the geographic
areas of the regional offices established by the council, and those
persons shall be a person described in subparagraph (A) or (B)
and shall be a liaison of the state council to the local regional
constituency and the state council regional advisory committee of
the region.

end insert begin insert

(D) At least one of the members shall be a person with a
developmental disability who is a current or former resident of an
institution or his or her immediate relative, guardian, or
conservator.

end insert

(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 begin insert , or its designee end insert . 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 the California Department of Aging or his
or her designee.

begin delete

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

end delete begin delete

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

end delete begin delete

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

end delete begin 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.

end delete begin delete

(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.

end delete begin delete

(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.

end delete

(c) Prior to appointing the begin delete 31 end delete members begin delete pursuant to this section, end delete
begin insert described in paragraph (1) of, and subparagraph (E) of paragraph
(2) of, subdivision (b), end insert the Governor shall begin delete request end delete begin insert consult with the
current members of the council, end insert and consider recommendations
from organizations representing begin insert persons with a broad range of
developmental disabilities , or persons interested in end insert , or providing
services to, or both, persons with developmental begin delete disabilities, and
shall take into account socioeconomic, ethnic, and geographic
considerations of the state. end delete begin insert disabilities. end insert

(d) The term of each member described in paragraph (1) of, begin insert and end insert
subparagraph (E) of paragraph (2) of, begin delete and paragraph (3) of, end delete
subdivision (b) shall be for three years. begin delete Of 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. end delete begin insert The term of these members
shall begin on the date of appointment by the Governor and these
members shall serve no more than two terms. end insert

(e) 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 begin insert , in writing, immediately when a vacancy occurs prior
to the expiration of a member’s term, end insert at least begin delete 60 days end delete begin insert six months end insert
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 4525 of the end insert begin insert Welfare and Institutions Code end insert begin insert is
amended to read: end insert

4525.  

(a) In order to prevent any potential conflicts of interest,
members of the state council may not be employees of a state,
local, or private agency or facility that provides services to persons
with a developmental disability, or be members of the governing
board of any entity providing the service, when the service is
funded in whole or in part with state funds.

(b) For purposes of this section, “employees of a state, local, or
private agency or facility that provides services to persons with a
developmental disability” shall not be deemed to include any of
the following:

(1) A parent, relative, guardian or conservator, who receives
public funds expressly for the purpose of providing direct services
to his or her child, relative, ward or conservatee, respectively, who
is a person with a developmental disability.

(2) A person with a developmental disability who receives
employment services through a provider receiving state or federal
funds begin insert , or who receives funds directly to pay for his or her own
services and supports end insert .

(3) A person who serves as a member of begin delete an area board. end delete begin insert a
regional advisory committee of the state council, established
pursuant to Article 6. end insert

(c) This section shall not apply to the appointments made
pursuant to subparagraphs (A), (B), (C), (D), (F), (G), (H), and (I)
of paragraph (2) of subdivision (b) of Section 4521.

begin insert

begin insert SEC. 9. end insert   

end insert

begin insert The heading of Article 3 (commencing with Section
4530) of Chapter 2 of Division 4.5 of the end insert begin insert Welfare and Institutions
Code end insert begin insert is amended to read: end insert

 

Article 3.  begin delete Location of State Council end delete begin insert Designated State Agency end insert

 

begin insert

begin insert SEC. 10. end insert   

end insert

begin insert Section 4530 of the end insert begin insert Welfare and Institutions Code end insert begin insert is
amended to read: end insert

4530.  

begin delete For administrative purposes only, the state council shall
be attached to end delete begin insert (a) end insert begin insert   end insert begin insert In accordance with federal law, end insert the California
Health and Human Services Agency begin insert shall be the designated state
agency for support to the state council end insert . The agency secretary shall
ensure the state council is provided efficient accounting, financial
management, personnel, and other reasonable support services
when requested by the council in the performance of its mandated
responsibilities.

begin delete

The attachment of the state council to

end delete

begin insert (b) end insert begin insert   end insert begin insert The designation of end insert the California Health and Human Services
Agency shall not limit the council’s scope of concern to health
programs or limit the council’s responsibilities or functions
regarding all other pertinent state and local programs, as defined
in Article 5 (commencing with Section 4540) of this chapter.

begin delete

The administrative attachment of the state council to

end delete

begin insert (c) end insert begin insert   end insert begin insert The designation of end insert the California Health and Human Services
Agency shall not begin delete be construed to end delete interfere in any way with the
provisions of Section 4552 requiring all personnel employed by
the council to be solely responsible, organizationally and
administratively, to the council.

begin insert

begin insert SEC. 11. end insert   

end insert

begin insert Section 4535 of the end insert begin insert Welfare and Institutions Code end insert begin insert is
amended to read: end insert

4535.  

(a) The state council shall meet begin delete at least six times each
year, and, on call of its chairperson, end delete as often as necessary to fulfill
its duties. All meetings and records of the state council shall be
open to the public.

(b) The state council shall, by majority vote of the voting
members, elect its own chairperson and vice chairperson who shall
have full voting rights on all state council actions, from among the
appointed members, described in paragraph (1) begin delete or (3) end delete of begin insert , and
subparagraph (E) of paragraph (2) of, end insert subdivision (b) of Section
begin delete 4521, and end delete begin insert 4521. The council end insert shall establish any committees it
deems necessary or desirable. The chairperson shall appoint all
members of committees of the state council. The chairs and vice
chairs of the state council and its standing committees shall be
individuals with a developmental disability, or the parent, sibling,
guardian, or conservator of an individual with a developmental
disability.

(c) The state council may appoint technical advisory consultants
and may establish committees composed of professional persons
serving persons with developmental disabilities as necessary for
technical assistance. The state council may call upon
representatives of all agencies receiving state or federal funds for
assistance and information, and shall invite persons with
developmental disabilities, their parents, guardians, or conservators,
professionals, or members of the general public to participate on
state council committees, when appropriate.

(d) When convening any task force or advisory group, the state
council shall make its best effort to ensure representation by
consumers and family members representing the state’s
multicultural diversity.

begin delete SEC. 8. end delete
begin insert SEC. 12. end insert   

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

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:

(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.

(b) 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.

(c) 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.), begin delete and apportion these
funds among agencies and area developmental disabilities boards end delete
begin insert by conducting and supporting advocacy, capacity building, and
systemic change activities. The council may itself conduct these
activities and may provide grant funding to local agencies end insert in
compliance with applicable state and federal law begin insert , for those same
purposes end insert .

(d) 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.

(e) (1) Conduct activities related to meeting the objectives of
the state plan. To the extent that resources are available, these
activities shall include begin insert , but are not limited to, end insert all of the following:

begin delete

(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.

end delete begin insert

(A) Encouraging and assisting in the establishment or
strengthening of self-advocacy organizations led by individuals
with developmental disabilities.

end insert begin insert

(B) Supporting and conducting geographically based outreach
activities to identify individuals with developmental disabilities
and their families who otherwise might not come to the attention
of the council and assist and enable the individuals and families
to obtain services, individualized supports, and other forms of
assistance, including access to special adaptation of generic
community services or specialized services.

end insert begin insert

(C) Supporting and conducting training for persons who are
individuals with developmental disabilities, their families, and
personnel, including professionals, paraprofessionals, students,
volunteers, and other community members, to enable those persons
to obtain access to, or to provide, community services,
individualized supports, and other forms of assistance, including
special adaptation of generic community services or specialized
services for individuals with developmental disabilities and their
families.

end insert begin delete

(B) Support and conduct

end delete

begin insert (D) end insert begin insert   end insert begin insert Supporting and conducting end insert technical assistance activities
to assist public and private entities to contribute to the objectives
of the state plan.

begin insert

(E) Supporting and conducting activities to assist neighborhoods
and communities to respond positively to individuals with
developmental disabilities and their families.

end insert begin delete

(C) Support and conduct

end delete

begin insert (F) end insert begin insert   end insert begin insert Supporting and conducting end insert activities to promote interagency
collaboration and coordination at the state and local levels begin insert to better
serve, support, assist, or advocate for individuals with
developmental disabilities and their families end insert .

begin insert

(G) Coordinating with related councils, committees, and
programs to enhance coordination of services.

end insert begin insert

(H) Supporting and conducting activities to eliminate barriers
to access and use of community services by individuals with
disabilities, enhance systems design and redesign, and enhance
citizen participation to address issues identified in the state plan.

end insert begin delete

(D) Support and conduct

end delete

begin insert (I) end insert begin insert   end insert begin insert Supporting and conducting end insert 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.

begin delete

(E) Support and conduct

end delete

begin insert (J) end insert begin insert   end insert begin insert Supporting and conducting end insert activities to provide information
to begin delete policymakers. end delete begin insert policymakers by supporting and conducting
studies and analyses, gathering information, and developing and
disseminating model policies and procedures, information,
approaches, strategies, findings, conclusions, and
recommendations. The council may provide the information directly
to federal, state, and local policymakers, including the Congress
of the United States, the federal executive branch, the Governor,
the Legislature, and state agencies in order to increase the abilities
of those policymakers to offer opportunities and enhance or adapt
generic services to meet the needs of, or provide specialized
services to, individuals with developmental disabilities and their
families. end insert

begin insert

(K) Supporting, 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.

end insert

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

begin delete

(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.

end delete begin delete

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

end delete begin delete

(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.

end delete begin delete

(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.

end delete begin delete

(f) Conduct other activities, including, but not limited to,

end delete begin insert

(A) Appointing an authorized representative for persons with
developmental disabilities according to all of the following:

end insert begin insert

(i) To ensure the protection of civil and service rights of persons
with developmental disabilities, the state council may appoint a
representative to assist the person in expressing his or her desires
and in making decisions and advocating his or her needs,
preferences, and choices, when the person with developmental
disabilities has no parent, guardian, or conservator legally
authorized to represent him or her and the person has either
requested the appointment of a representative or the rights or
interests of the person, as determined by the state council, will not
be properly protected or advocated without the appointment of a
representative.

end insert begin insert

(ii) When there is no guardian or conservator, the individual’s
choice, if expressed, including the right to reject the assistance of
a representative, shall be honored. If the person does not express
a preference, the order of preference for selection of the
representative shall be the person’s parent, involved family
members, or a volunteer selected by the state council. In
establishing these preferences, it is the intent of the Legislature
that parents or involved family members shall not be required to
be appointed guardian or conservator in order to be selected.
Unless the person with developmental disabilities expresses
otherwise, or good cause otherwise exists, the request of the
parents or involved family members to be appointed the
representative shall be honored.

end insert begin insert

(iii) Pursuant to this section, the state council shall appoint a
representative to advocate the rights and protect the interest of a
person residing in a developmental center for whom community
placement is proposed pursuant to Section 4803. The representative
may obtain the advocacy assistance of the regional center clients’
rights advocate.

end insert

begin insert (B) end insert begin insert   end insert begin insert Conducting end insert 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 insert

(C) Identifying the denial of rights of persons with disabilities
and informing the appropriate local, state, or federal officials of
their findings, and assisting these officials in eliminating all forms
of discrimination against persons with developmental disabilities
in housing, recreation, education, health and mental health care,
employment, and other service programs available to the general
population.

end insert begin delete

(g) Review and comment

end delete

begin insert (D) end insert begin insert   end insert begin insert Reviewing and commenting end insert 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
begin delete 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. end delete
begin insert Services, and local agencies to the extent resources allow. end insert

begin delete

(h) (1) 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.

end delete begin delete

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

end delete begin delete

(i) Review and publicly comment

end delete begin insert

(E) (i) Reviewing the policies and practices of publicly funded
agencies that serve or may serve persons with developmental
disabilities to determine if the programs are meeting its obligations,
under local, state and federal laws. This authority shall include a
notice from a regional center to the state council when the regional
center believes a publicly funded program is failing to meet its
obligations in serving persons with developmental disabilities.
The regional center may provide the state council with a
comprehensive summary of the issues and the statute or regulation
alleged to be violated. If the state council finds that the agency is
not meeting its obligations, the state council shall inform the
director and the managing board of the noncomplying agency, in
writing, of its findings.

end insert begin insert

(ii) Within 15 days, the agency shall respond, in writing, to the
state council’s findings. Following receipt of the agency’s response,
if the state council continues to find that the agency is not meeting
its obligations, the state council shall pursue informal efforts to
resolve the issue.

end insert begin insert

(iii) If, within 30 days of implementing informal efforts to resolve
the issue, the state council continues to find that the agency is not
meeting its obligations under local, state, or federal statutes, the
state council shall conduct a public hearing to receive testimony
on its findings.

end insert begin insert

(iv) The executive director of the state council shall review the
findings developed pursuant to this subdivision and may conduct
additional fact finding investigations. The executive director shall
report his or her finding to the state council within 30 days and
shall recommend a course of action to be pursued by the state
council or other state administrative or legislative officials.

end insert begin insert

(v) The state council shall review the report of the executive
director and shall take any action it deems necessary to resolve
the problem.

end insert

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

begin delete

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

end delete begin delete

(k) Be responsible for monitoring

end delete

begin insert (G) end insert begin insert   end insert begin insert Monitoring end insert and evaluating the effectiveness of appeals
procedures established in this division.

begin delete

(l) Provide

end delete

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

begin delete

(m) (1) Conduct, or cause

end delete

begin insert (I) end insert begin insert   end insert begin insert Conducting, or causing end insert 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 insert

(f) 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.
This report shall include both the statewide and regional activities
of the state council.

end insert begin delete

(2)

end delete

begin insert (g) end insert  Except 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

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

end delete

begin insert

begin insert SEC. 13. end insert   

end insert

begin insert The heading of Article 6 (commencing with Section
4543) of Chapter 2 of Division 4.5 of the end insert begin insert Welfare and Institutions
Code end insert begin insert is amended to read: end insert

 

Article 6.  begin delete Area Boards on Developmental Disabilities end delete begin insert State
Council Regional Offices and Advisory Committees end insert

 

begin insert

begin insert SEC. 14. end insert   

end insert

begin insert Section 4543 of the end insert begin insert Welfare and Institutions Code end insert begin insert is
repealed. end insert

begin delete

4543.  

(a) Because of the vast size, complexity, and diversity
of the State of California, the Legislature finds that the planning
activities of the State Council on Developmental Disabilities
depend upon the direct involvement of local representatives
familiar with the structure and operation of services and programs
for persons with developmental disabilities. The Legislature further
finds that the legal, civil, and service rights of persons with
developmental disabilities cannot be adequately guaranteed
throughout the state, and the state plan cannot be implemented,
unless monitoring responsibility is established on a regional basis
through area boards on developmental disabilities.

(b) For administrative purposes and to ensure compliance with
federal and state laws, the area boards shall be attached to the state
council.

end delete

begin insert

begin insert SEC. 15. end insert   

end insert

begin insert Section 4544 of the end insert begin insert Welfare and Institutions Code end insert begin insert is
amended to read: end insert

4544.  

begin insert (a) end insert begin insert   end insert The begin delete area boards end delete begin insert state council shall establish regional
offices that are accessible and responsive to the diverse
geographic, ethnic, and language needs of consumers and families
throughout the state. As of January 1, 2015, regional offices of
the state council, end insert in existence as of begin delete January 1, 2003, end delete begin insert December
31, 2014, end insert shall continue to exist, within the same geographic
regions of the begin delete state after January 1, 2003, but shall thereafter be
constituted and shall operate according to this article end delete begin insert state end insert .

begin insert

(b) To ensure involvement of persons with developmental
disabilities, their families, and other members of the public at the
regional level and to ensure the responsiveness of the state council
and its regional offices to the geographic, ethnic, and language
diversity of the state, each regional office shall be advised by a
regional advisory committee. As of January 1, 2015, advisory
boards of the regional offices, known as area boards on
developmental disabilities, in existence on December 31, 2014,
shall thereafter be known as state council regional advisory
committees.

end insert begin insert

(c) All references to “regional office” in this chapter shall be
a reference to the state council regional offices. All references to
“regional advisory committees” in this chapter shall be a reference
to the state council regional advisory committees.

end insert begin insert

(d) State council regional offices and advisory committees shall
be constituted and shall operate according to this article.

end insert

begin insert

begin insert SEC. 16. end insert   

end insert

begin insert Section 4545 of the end insert begin insert Welfare and Institutions Code end insert begin insert is
amended to read: end insert

4545.  

The begin delete State Council on Developmental Disabilities end delete begin insert state
council end insert shall periodically conduct a thorough review of the
geographic boundaries served by begin delete area boards end delete begin insert regional offices end insert to
determine whether existing begin delete area board end delete boundaries begin insert or the number
of regional offices end insert should be begin delete changed, or additional area boards
should be established end delete begin insert changed end insert to more effectively implement this
division. In conducting this review, the state council shall seek
input from begin delete area boards, end delete begin insert state council regional advisory committees, end insert
persons with developmental disabilities, family members, service
providers, advocates, and other interested parties. Prior to
begin delete recommending end delete the establishment of new geographic boundaries,
the state council shall hold a public hearing within any existing
begin delete area board end delete begin insert regional office end insert geographic area affected by the proposed
change. The state council shall begin delete submit to end delete begin insert inform end insert the Governor and
the Legislature begin insert at least 120 days before end insert any begin delete recommendations for end delete
changes in begin delete area board boundaries or recommendations that
additional area boards be established. Any area board established
after January 1, 2003, shall nominate a member to be appointed
by the Governor as a voting member of the state council pursuant
to Section 4521. end delete begin insert the number or boundaries of regional offices. end insert

begin insert

begin insert SEC. 17. end insert   

end insert

begin insert Section 4546 of the end insert begin insert Welfare and Institutions Code end insert begin insert is
repealed. end insert

begin delete

4546.  

After January 1, 2003, area boards shall be comprised
as follows:

(a) For areas consisting of one to four counties, the area board
shall consist of a total of 12 voting members appointed by the
governing bodies of the counties, each county appointing an equal
number of voting members, and five voting members appointed
by the Governor.

(b) For areas consisting of five to seven counties, the area board
shall consist of two voting members appointed by the governing
body of each county, and five voting members appointed by the
Governor.

(c) For areas consisting of eight or more counties, the area board
shall consist of one voting member appointed by the governing
body of each county, and five members appointed by the Governor.

Of the members first appointed, five shall serve for one year,
five shall serve for two years, and the remaining members shall
serve for three years. Subsequent members shall serve for three
years. In counties with a population of more than 100,000, no
member shall serve more than two consecutive three-year terms.

(d) The governing bodies of the counties in each area shall select
their appointees from among the following groups, and, to the
extent feasible, in the following proportions:

(1) Sixty percent from persons with developmental disabilities
or the immediate relatives, guardians, or conservators of these
persons.

(2) Forty percent from representatives of the general public.

(e) The appointments made by the Governor shall meet the
requirements of paragraph (1) of subdivision (b) of Section 4521.

(f) (1) Prior to making their appointments, the Governor and
the governing bodies of counties shall request recommendations
from professional organizations, from organizations within the
area representing persons with developmental disabilities, and
from organizations and agencies within the area that deliver
services to these individuals.

(2) In making their appointments, the Governor and the
governing bodies of counties shall appoint persons who have
demonstrated interest and leadership in human service activities.

(g) (1) In order to prevent any potential conflicts of interest,
voting members of area boards shall not be employees of a state,
local, or private agency or facility that provides service to a person
with a developmental disability, or be members of the governing
board of any entity providing this service, when the service is
funded in whole or in part with state funds.

(2) For purposes of this section “employees of a state, local, or
private agency or facility that provides services to a person with
a developmental disability” shall not be deemed to include any of
the following:

(A) A parent, relative, guardian, or conservator who receives
public funds expressly for the purpose of providing direct services
to his or her child, relative, ward, or conservatee, respectively,
who is a person with a developmental disability.

(B) A person with a developmental disability who receives
employment services through a provider receiving state or federal
funds.

(C) A person who serves as a member of the state council.

(h) The Governor shall give consideration to the relative
populations of the counties within the area in selecting appointees
to the area boards.

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

(j) All members of the area board shall be residents of the area.

(k) The members of an area board shall serve without
compensation, but shall be reimbursed for any actual and necessary
expenses incurred in connection with the performance of their
duties as members of the board or of committees established by
the board.

end delete

begin insert

begin insert SEC. 18. end insert   

end insert

begin insert Section 4546 is added to the end insert begin insert Welfare and Institutions
Code end insert begin insert , to read: end insert

begin insert

begin insert 4546. end insert   

The state council shall establish procedures, according
to all of the following requirements, for recruiting and appointing
the membership of the regional advisory committees:

(a) Membership of the regional advisory committees shall reflect
the geographic, racial, ethnic, and language diversity of the local
region. The regional advisory committees shall include an equal
number of representatives from each one of the counties within its
jurisdiction.

(b) The composition of the regional advisory committees shall
be in the following proportions:

(1) At least 60 percent of the committee shall be persons with
developmental disabilities or their parents, immediate relatives,
guardians, or conservators.

(2) No more than 40 percent of the committee shall be
representative of the general public.

(c) Members shall serve for three-year terms. Members’ terms
shall begin upon the date of their appointment. In counties with a
population of more than 100,000, no member shall serve more
than two consecutive three-year terms.

(d) (1) In order to prevent any potential conflicts of interest,
members of regional advisory committees shall not be employees
of a state, local, or private agency or facility that provides service
to a person with a developmental disability, or be members of the
governing board of any entity providing this service, when the
service is funded in whole or in part with state funds.

(2) For purposes of this section “employees of a state, local, or
private agency or facility that provides services to a person with
a developmental disability” shall not be deemed to include any of
the following:

(A) A parent, relative, guardian, or conservator who receives
public funds expressly for the purpose of providing direct services
to his or her child, relative, ward, or conservatee, respectively,
who is a person with a developmental disability.

(B) A person with a developmental disability who receives
employment services through a provider receiving state or federal
funds or who receives funds directly to pay for his or her own
services and supports.

(C) A person who serves as a member of the state council.

(e) All members of the regional advisory committee shall be
residents of the area served by the regional office.

(f) The members of a regional advisory committee shall serve
without compensation, but shall be reimbursed for any actual and
necessary expenses incurred in connection with the performance
of their duties as members of the regional advisory committee or
of its subcommittees.

end insert

begin insert

begin insert SEC. 19. end insert   

end insert

begin insert Section 4547 of the end insert begin insert Welfare and Institutions Code end insert begin insert is
amended to read: end insert

4547.  

(a) Each begin delete area board end delete begin insert regional advisory committee end insert shall
meet at least quarterly, and on call of the board chairperson, as
often as necessary to fulfill its duties. All meetings and records of
the begin delete area board end delete begin insert regional advisory committee end insert shall be open to the
public.

(b) (1) Each begin delete area board end delete begin insert regional advisory committee end insert shall, by
majority vote of the voting members, elect its own chairperson
from among begin delete the appointed end delete begin insert its end insert members who are persons with
developmental disabilities, or parents, immediate relatives,
guardians, or conservators of these persons, and shall establish
any committees it deems necessary or desirable. The begin delete board end delete
chairperson shall appoint all members of committees of the begin delete area
board. end delete begin insert regional advisory committee. end insert

(2)  begin delete An area board end delete begin insert A regional advisory committee end insert may call upon
representatives of all agencies receiving state funds, for assistance
and information, and shall invite persons with developmental
disabilities, their parents, immediate relatives, guardians, or
conservators, professionals, or members of the general public to
participate on begin delete area board committees. end delete begin insert the regional advisory
committee. end insert

(3) When convening any task force or advisory group, the begin delete area
board end delete begin insert regional advisory committee end insert shall make its best effort to
ensure representation by consumers and family members
representing the community’s multicultural diversity.

begin insert

begin insert SEC. 20. end insert   

end insert

begin insert Section 4548 of the end insert begin insert Welfare and Institutions Code end insert begin insert is
repealed. end insert

begin delete

4548.  

(a) Area boards shall locally assist the state council with
the implementation of subtitles A and B of Title I of Public Law
106-402 (42 U.S.C. Sec. 15001 et seq.).

(b) Area boards shall protect and advocate the rights of all
persons in the area with developmental disabilities.

(c) Area boards shall conduct capacity building activities and
provide advocacy for systemic change.

(d) (1) The area board shall have the authority to pursue legal,
administrative, and other appropriate remedies to ensure the
protection of the legal, civil, and service rights of persons who
require services or who are receiving services in the area. In
carrying out this responsibility, area boards may appoint a
representative to assist the person in expressing his or her desires
and in making decisions and advocating his or her needs,
preferences, and choices, where the person with developmental
disabilities has no parent, guardian, or conservator legally
authorized to represent him or her and the person has either
requested the appointment of a representative or the rights or
interests of the person, as determined by the area board, will not
be properly protected or advocated without the appointment of a
representative.

(2) Where there is no guardian or conservator, the person’s
choice, if expressed, including the right to reject the assistance of
a representative, shall be honored. If the person does not express
a preference, the order of preference for selection of the
representative shall be the person’s parent, involved family
member, or a volunteer selected by the area board. In establishing
these preferences, it is the intent of the Legislature that parents or
involved family members shall not be required to be appointed
guardian or conservator in order to be selected. Unless the
consumer expresses otherwise, or good cause otherwise exists, the
request of the parents or involved family members to be appointed
the representative shall be honored.

(3) Where appropriate pursuant to this section, the area board
shall appoint a representative to advocate the rights and protect
the interests of a person residing in a developmental center for
whom community placement is proposed pursuant to Section 4803.

(4) The area board shall identify any evidence of the denial of
these rights, shall inform the appropriate local, state, or federal
officials of their findings, and shall assist these officials in
eliminating all forms of discrimination against persons with
developmental disabilities in housing, recreation, education, health
and mental health care, employment, and other service programs
available to the general population.

(e) Area boards shall conduct, or cause to be conducted, public
information programs for consumers, families, professional groups,
and for the general public, to increase professional and public
awareness of prevention and habilitation programs, and to eliminate
barriers to social integration, employment, and participation of
persons with developmental disabilities in all community activities.

(f) Area boards shall encourage and assist in the establishment
or strengthening of self-advocacy organizations led by individuals
with developmental disabilities.

(g) (1) To the extent that resources are available, area boards
shall review the policies and practices of publicly funded agencies
that serve or may serve persons with developmental disabilities,
to determine if the programs are meeting their obligations under
local, state, and federal laws. A regional center may notify the area
board when the regional center believes a publicly funded program
is failing to meet its obligations in serving persons with
developmental disabilities. The regional center may provide the
area board with a comprehensive summary of the issues and the
statute or regulation alleged to be violated. If the area board finds
that the agency is not meeting its obligations, the area board shall
inform the director and the managing board of the noncomplying
agency, in writing, of its findings.

(2) Within 15 days, the agency shall respond, in writing, to the
area board’s findings. Following receipt of the agency’s response,
if the area board continues to find that the agency is not meeting
its obligations, the area board shall pursue informal efforts to
resolve the issue.

(3) If, within 30 days of implementing informal efforts to resolve
the issue, the area board continues to find that the agency is not
meeting its obligations under local, state, or federal statutes, the
area board shall conduct a public hearing to receive testimony on
its findings.

(4) If the problem has not been resolved within 30 days
following the public hearing, the area board may provide the state
council with its findings and may request authorization to initiate
legal action. An area board shall not initiate legal action without
prior authorization from the state council. However, the area board
may assist any other person, agency, or organization that may
pursue litigation related to the area board’s findings.

(5) The executive director of the state council shall review the
findings developed pursuant to this subdivision and may conduct
additional factfinding investigations. The executive director shall
report his or her findings to the state council within 30 days and
shall recommend a course of action to be pursued by the council,
the area board, or other state administrative or legislative officials.

(6) The state council shall review the report of the executive
director and shall take any action it deems necessary to resolve
the problem. If the state council authorizes the area board to initiate
legal action, the state council shall make legal assistance available
to the area board pursuant to the legal services provisions of Public
Law 106-402 (42 U.S.C. Sec. 15001 et seq.).

(h) Area boards shall encourage the development of needed
services and supports of good quality that do not result in
duplication, fragmentation of services, and unnecessary
expenditures. Prior to providing additional funds for major
expansion of existing programs, creation of new programs, or
establishment of pilot projects to test new methodologies of service
delivery for persons with developmental disabilities within an area
board catchment area, the department or regional center, as
appropriate, shall consult with the area board regarding the
appropriateness of those program developments.

(i) In carrying out their review functions, area boards shall solicit
the advice of knowledgeable professionals, consumers, and
consumer representatives about problems within the service
delivery system in the region. In enacting this article, it is the intent
of the Legislature that the area boards not duplicate the functions
assigned to other agencies that are routinely responsible for
monitoring, regulating, or licensing programs for persons with
developmental disabilities. Area boards may call upon these
agencies for information and assistance in order to carry out their
responsibilities more effectively. Unless otherwise prohibited by
law, these agencies shall provide information requested by the area
boards, and shall cooperate fully in complying with all reasonable
requests for assistance.

(j) (1) Area boards shall remain informed about the quality of
services in the area, and shall inform appropriate state and local
licensing agencies of alleged fire, safety, health, or other violations
of legally established standards, in any facility providing service
to persons with developmental disabilities, that may be brought to
the attention of the area board.

(2) If an area board receives evidence of criminal misconduct
by an individual or agency funded in whole or in part with state
funds under this division, the area board shall immediately inform
appropriate public safety agencies about the alleged misconduct.

(k) (1) Area boards shall cooperate with county coordinating
councils on developmental disabilities, other regional planning
bodies, and consumer organizations in the area. Area boards shall
comply with the reasonable requests of these groups and may
request the assistance of the groups in carrying out area board
responsibilities.

(2) The governing body of any county within the area may
request that the area board study or investigate programs in the
county for persons with developmental disabilities. The area board
shall cooperate with county governments to the fullest extent
possible within the limitations of the resources of the board.

(l) Each area board shall submit to the state council a summary
of its activities and accomplishments in the previous year. The
state council, in consultation with area boards, shall determine the
timing of, and format for, this summary.

(m) It is the intent of the Legislature that area boards shall
maintain local discretion in conducting their advocacy activities.
The state council shall not direct the advocacy activities of the
area boards, except when specifically authorized by law, or when
necessary to ensure compliance with federal requirements.

end delete

begin insert

begin insert SEC. 2 end insert begin insert 1. end insert   

end insert

begin insert Section 4548 is added to the end insert begin insert Welfare and Institutions
Code end insert begin insert , to read: end insert

begin insert

begin insert 4548. end insert   

(a) State council regional advisory committees shall
advise the state council and its regional office on local issues and
identify and provide input regarding local systemic needs within
their community. The regional advisory committees shall provide
input and be a source of data for the council to consider in the
formulation of the state plan and shall be a source of data for the
state council’s regional office reporting on state plan
implementation.

(b) Regional advisory committees may conduct, or cause to be
conducted, public information programs for consumers, families,
professional groups, and for the general public, to increase
professional and public awareness of prevention and habilitation
programs, and to eliminate barriers to social integration,
employment, and participation of persons with developmental
disabilities in all community activities and other areas identified
in the state plan.

(c) Regional advisory committees shall remain informed about
the quality of services in the region.

(d) Regional advisory committees shall cooperate with county
coordinating councils on developmental disabilities, other regional
planning bodies, and consumer organizations in the region.

(e) Each regional advisory committee shall submit to the state
council a summary of its activities and accomplishments in the
previous year. The state council shall determine the timing of, and
format for, this summary.

end insert

begin insert

begin insert SEC. 22. end insert   

end insert

begin insert The heading of Article 7 (commencing with Section
4550) of Chapter 2 of Division 4.5 of the end insert begin insert Welfare and Institutions
Code end insert begin insert is amended to read: end insert

 

Article 7.  State Council begin delete and Area Board end delete Costs and Support
Services

 

begin insert

begin insert SEC. 23. end insert   

end insert

begin insert Section 4550 of the end insert begin insert Welfare and Institutions Code end insert begin insert is
amended to read: end insert

4550.  

The state council’s operating costs shall include honoraria
begin insert for state council members end insert and actual and necessary expenses for
begin insert state end insert council begin delete members, costs associated with the area boards, end delete
begin insert members and regional advisory committee members, end insert as described
in this article, and other administrative, professional, and secretarial
support services necessary to the operation of the state council.
Federal developmental disability funds received by the state under
Public Law 106-402 (42 U.S.C. Sec. 15001 et seq.), shall be
allotted in any one year for these operating costs. Each member
of the state council shall receive one hundred dollars ($100) per
day for each full day of work performed directly related to council
business, not to exceed 50 days in any fiscal year, and shall be
reimbursed for any actual and necessary expenses incurred in
connection with the performance of their duties under this division.

begin insert

begin insert SEC. 24. end insert   

end insert

begin insert Section 4551 of the end insert begin insert Welfare and Institutions Code end insert begin insert is
repealed. end insert

begin delete

4551.  

(a) (1) Within the limit of funds allotted for these
purposes, the state council chairperson, with the concurrence of a
majority of the state council, shall appoint an executive director
and, pursuant to paragraph (1) of subdivision (c) of Section 4553,
shall appoint an executive director for each area board. The
Governor, upon the recommendation of the executive director of
the state council following consultation with the area boards, shall
appoint a deputy director for area board operations. The Governor,
upon recommendation of the executive director of the state council,
shall appoint not more than two deputy directors. All other state
council employees that the state council may require shall be
appointed by the executive director, with the approval of the state
council.

(2) The executive director, all deputy directors, and each area
board executive director, shall be paid a salary that is comparable
to the director, deputy director, or manager of other state boards,
commissions, or state department regional offices with similar
responsibilities. The executive director and three deputy directors
of the state council and the executive director of each area board
shall be exempt from civil service.

(b) Among other duties as the executive director of the state
council may require, the deputy director for area board operations
shall provide assistance to the area boards, including, but not
limited to, resolving common problems, improving coordination,
and fostering the exchange of information among the area boards
and between the area boards and the state council.

(c) Each area board executive director employed by the state
on December 31, 2002, shall continue to be employed in a job
classification at the same or higher salary by the council on January
1, 2003, and thereafter, unless he or she resigns or is terminated
from employment for good cause. The Executive Director of the
Organization of Area Boards on December 31, 2002, shall continue
to be employed in a job classification at the same or higher salary
by the council on January 1, 2003, and shall serve as the deputy
director of area board operations unless he or she resigns or is
terminated from employment for good cause.

end delete

begin insert

begin insert SEC. 25. end insert   

end insert

begin insert Section 4551 is added to the end insert begin insert Welfare and Institutions
Code end insert begin insert , to read: end insert

begin insert

begin insert 4551. end insert   

(a) Within the limit of funds allotted for these purposes,
the state council chairperson, with the concurrence of a majority
of the state council, shall appoint an executive director. The
executive director of the state council shall appoint a director for
each regional office. All state council employees that the state
council may require shall be appointed by the executive director.

(b) The executive director shall be paid a salary that is at least
comparable to the director of other state boards, commissions, or
state department regional offices with similar responsibilities. The
executive director and any deputy directors of the state council
shall be exempt from civil service.

(c) Each deputy director and other council staff positions
appointed by the Governor and employed by the state on December
31, 2014, shall continue to be employed in a job classification at
the same or higher salary by the council on January 1, 2015, and
thereafter, unless he or she resigns or is terminated from
employment for good cause.

end insert

begin insert

begin insert SEC. 26. end insert   

end insert

begin insert Section 4552 of the end insert begin insert Welfare and Institutions Code end insert begin insert is
amended to read: end insert

4552.  

The state council may contract for additional assistance
with any public or private agency or individual to carry out
planning, monitoring, evaluation, and other responsibilities under
this division. In order to comply with Public Law 106-402 (42
U.S.C. Sec. 15001 et seq.) regulations, all personnel employed by
the state council shall be solely responsible, organizationally and
administratively, to the state council. The state council begin insert , through
its executive director, end insert shall have responsibility for the selection,
hiring, and supervision of all this personnel.

begin insert

begin insert SEC. 27. end insert   

end insert

begin insert Section 4553 of the end insert begin insert Welfare and Institutions Code end insert begin insert is
repealed. end insert

begin delete

4553.  

(a) The Legislature finds and declares that the advocacy,
coordinating, appeals, and other related functions of area boards
cannot be effectively provided unless area boards have staff support
services from personnel directly responsible and accountable to
the area board and state council. Area board staff shall be state
employees of the state council.

(b) (1) Each area board shall provide to the state council all
information and documentation required by the council to prepare
and account for the expenditures of an annual budget that includes
the basic funding necessary for the area boards to meet the
requirements of applicable state and federal law. The state council,
in consultation with the area boards, shall determine the timing
of, and format for, the provision of this information and
documentation. An area board may present for consideration by
the state council a proposal for funds to support any additional
activities of the area board not anticipated to be funded through
their basic allocation. The state council shall review all area board
proposals and shall determine the amount of federal funds under
Public Law 106-402 (42 U.S.C. Sec. 15001 et seq.) that shall be
allotted to each area board. Nothing in this section shall prevent
the appropriation of additional funds to the state council or area
boards, or both, from the General Fund or other sources. These
funds shall be used only for purposes of extending the activities
of the state council or area boards, or both, as authorized by state
or federal law.

(2) The state council may receive, on behalf of the council or
on behalf of any area board, grants of funds in addition to any
allocation of state funds or federal funds under Public Law 106-402
(42 U.S.C. Sec. 15001 et seq.), as authorized under this division.
These funds shall be used only for purposes of extending the
council’s or area boards’ activities as authorized by state or federal
law.

(c) (1) Each area board shall have an executive director,
nominated by the affirmative votes of a majority of the members
of the area board, appointed by the executive director of the state
council, and approved by the state council. The executive director
shall select and supervise persons to serve in any staff positions
as the area board and state council may authorize, pursuant to
subdivision (a) of Section 4551. The affirmative votes of a majority
of the members of the area board and approval of the state council
shall be necessary for removal of an executive director by the
executive director of the state council.

(2) Each area board, with the approval of the state council, may
contract for additional assistance to carry out its duties as
established by this division.

(3) Notwithstanding the Bagley-Keene Open Meeting Act
(Article 9 (commencing with Section 11120) of Chapter 1 of Part
1 of Division 3 of Title 2), an area board may meet in executive
session for purposes of discussing confidential matters, including,
but not limited to, personnel matters.

end delete

begin insert

begin insert SEC. 28. end insert   

end insert

begin insert Section 4553 is added to the end insert begin insert Welfare and Institutions
Code end insert begin insert , to read: end insert

begin insert

begin insert 4553. end insert   

To the extent provided in Public Law 106-402 (42 U.S.C.
Sec. 15001 et seq.), the state council shall have full authority on
how it uses its funds for implementation of the state plan, including
establishing, maintaining, and operating its regional offices.

end insert

begin insert

begin insert SEC. 29. end insert   

end insert

begin insert Section 4560 of the end insert begin insert Welfare and Institutions Code end insert begin insert is
repealed. end insert

begin delete

4560.  

The Legislature finds that whenever multiple,
uncoordinated, and duplicative planning activities are conducted
by different state agencies on behalf of persons with developmental
disabilities, the result is confusion of responsibilities, a lack of
systemwide priorities, and failure to make the most appropriate
use of all federal, state, and local funds and programs.

end delete

begin insert

begin insert SEC. 30. end insert   

end insert

begin insert Section 4561 of the end insert begin insert Welfare and Institutions Code end insert begin insert is
amended to read: end insert

4561.  

begin delete In order to integrate all relevant state planning and
budgeting, and in order to comply with federal requirements, a end delete
begin insert (a) end insert begin insert   end insert begin insert A end insert California Developmental Disabilities State Plan shall be
prepared by the state council not less often than once every five
years, and shall be reviewed and revised, as necessary, on an annual
basis. All references in this part to “state plan” shall be references
to the California Developmental Disabilities State Plan.

begin delete

The

end delete

begin insert (b) end insert begin insert   end insert begin insert The end insert state plan shall include, but not be limited to, all state
plan requirements contained in subtitles A and B of Title I of Public
Law 106-402 (42 U.S.C. Sec. 15001 et seq.), or requirements
established by the United States Secretary of Health and Human
Services.

begin insert

begin insert SEC. 31. end insert   

end insert

begin insert Section 4562 of the end insert begin insert Welfare and Institutions Code end insert begin insert is
amended to read: end insert

4562.  

(a) The state council begin delete and the area boards on
developmental disabilities end delete shall conduct activities necessary to
develop begin delete or end delete begin insert and end insert implement the state plan in the various regions of
the state.

begin insert

(b) The state plan and its implementation shall be responsive
to the needs of the state’s diverse geographic, racial, ethnic, and
language communities.

end insert begin delete

(b)

end delete

begin insert (c) end insert  In preparing this plan, the council shall utilize information
provided by the begin delete area boards, end delete begin insert regional offices and regional advisory
committees of the state council, end insert statewide and local entities,
individuals with developmental disabilities, family members, and
other interested parties, to help identify and prioritize actions
needed to improve California’s system of services and supports
for persons with developmental disabilities. begin delete The end delete

begin insert (d) end insert begin insert   end insert begin insert The end insert purpose of the plan shall be to ensure a coordinated
and comprehensive system of community services and supports
that is consumer and family centered and consumer and family
directed, and to enable individuals with developmental disabilities
to exercise self-determination, independence, productivity, and to
be integrated and included in all facets of community life.

begin insert

begin insert SEC. 32. end insert   

end insert

begin insert Section 4563 of the end insert begin insert Welfare and Institutions Code end insert begin insert is
amended to read: end insert

4563.  

(a)  begin delete Area boards end delete begin insert The state council r end insert begin insert egional offices,
assisted by the regional advisory committees, end insert shall assess the extent
to which services, supports, and other forms of assistance are
available to individuals with developmental disabilities and their
families within the begin delete area board catchment area, end delete begin insert regions, end insert and shall
make recommendations of objectives in both policy reform and
service demonstration, based on identified service and support
needs and priorities within begin delete the area board catchment area, end delete begin insert the
region end insert to be included in the state plan.

(b)  begin delete Area boards end delete begin insert The state council r end insert begin insert egional offices end insert shall
participate begin delete with the state council end delete in the development and
implementation of the state plan and shall begin delete submit end delete begin insert prepare end insert any
information concerning the begin delete area’s end delete begin insert region’s end insert services, needs, and
priorities to the state council in a time and format as begin delete may be
required end delete begin insert the council may determine to be necessary end insert to meet federal
reporting requirements.

begin insert

begin insert SEC. 33. end insert   

end insert

begin insert Section 4564 of the end insert begin insert Welfare and Institutions Code end insert begin insert is
amended to read: end insert

4564.  

The state begin delete council, in conjunction with the area boards, end delete
begin insert council end insert shall conduct open hearings on the state plan and related
budgetary issues prior to submission of the plan pursuant to Section
4565.

begin insert

begin insert SEC. 34. end insert   

end insert

begin insert Section 4565 of the end insert begin insert Welfare and Institutions Code end insert begin insert is
amended to read: end insert

4565.  

begin insert (a) end insert begin insert   end insert The state plan shall be given to the Governor, the
Secretary of the California Health and Human Services Agency,
the protection and advocacy agency designated by the Governor
to fulfill the requirements and assurances of the federal
Developmental Disabilities Assistance and Bill of Rights Act of
2000, the Superintendent of Public Instruction, begin insert and end insert the begin delete Legislature,
and to the chairpersons of all area boards end delete begin insert Legislature end insert for review
and comment prior to its submission by the chairperson of the state
council to the United States Secretary of Health and Human
Services.

begin delete

Copies

end delete

begin insert (b) end insert begin insert   end insert begin insert Copies end insert of the state plan shall be provided, no later than
November 1 of each year, to the Director of Finance and to the
Legislature for guidance in the development of the Governor’s
Budget and legislative review of the budget, and for guidance in
other legislation pertaining to programs for persons with
developmental disabilities.

begin insert

begin insert SEC. 35. end insert   

end insert

begin insert Section 4566 of the end insert begin insert Welfare and Institutions Code end insert begin insert is
amended to read: end insert

4566.  

The state plan shall, in addition to the requirements
established herein, comply in substance and format with requests
of the begin insert United States end insert Secretary of Health and Human Services.

begin insert

begin insert SEC. 36. end insert   

end insert

begin insert Section 4626 of the end insert begin insert Welfare and Institutions Code end insert begin insert is
amended to read: end insert

4626.  

(a) The department shall give a very high priority to
ensuring that regional center board members and employees act
in the course of their duties solely in the best interest of the regional
center consumers and their families without regard to the interests
of any other organization with which they are associated or persons
to whom they are related. Board members, employees, and others
acting on the regional center’s behalf, as defined in regulations
issued by the department, shall be free from conflicts of interest
that could adversely influence their judgment, objectivity, or loyalty
to the regional center, its consumers, or its mission.

(b) In order to prevent potential conflicts of interest, begin delete no end delete begin insert a end insert
member of the governing board or member of the program policy
committee of a regional center shall begin insert not end insert be any of the following:

(1) An employee of the State Department of Developmental
Services or any state or local agency that provides services to a
regional center consumer, if employed in a capacity which includes
administrative or policymaking responsibility, or responsibility
for the regulation of the regional center.

(2) An employee or a member of the state council or begin delete an area
board. end delete begin insert a state council regional advisory committee. end insert

(3) Except as otherwise provided in subdivision (h) of Section
4622, an employee or member of the governing board of any entity
from which the regional center purchases consumer services.

(4) Any person who has a financial interest, as defined in Section
87103 of the Government Code, in regional center operations,
except as a consumer of regional center services.

(c) A person with a developmental disability who receives
employment services through a regional center provider shall not
be precluded from serving on the governing board of a regional
center based solely upon receipt of these employment services.

(d) The department shall ensure that no regional center employee
or board member has a conflict of interest with an entity that
receives regional center funding, including, but not limited to, a
nonprofit housing organization and an organization qualified under
Section 501(c)(3) of the Internal Revenue Code, that actively
functions in a supporting relationship to the regional center.

(e) The department shall develop and publish a standard
conflict-of-interest reporting statement. The conflict-of-interest
statement shall be completed by each regional center governing
board member and each regional center employee specified in
regulations, including, at a minimum, the executive director, every
administrator, every program director, every service coordinator,
and every employee who has decisionmaking or policymaking
authority or authority to obligate the regional center’s resources.

(f) Every new regional center governing board member and
regional center executive director shall complete and file the
conflict-of-interest statement described in subdivision (e) with his
or her respective governing board within 30 days of being selected,
appointed, or elected. Every new regional center employee
referenced in subdivision (e) and every current regional center
employee referenced in subdivision (e) accepting a new position
within the regional center shall complete and file the
conflict-of-interest statement with his or her respective regional
center within 30 days of assuming the position.

(g) Every regional center board member and regional center
employee referenced in subdivision (e) shall complete and file the
conflict-of-interest statement by August 1 of each year.

(h) Every regional center board member and regional center
employee referenced in subdivision (e) shall complete and file a
subsequent conflict-of-interest statement upon any change in status
that creates a potential or present conflict of interest. For the
purposes of this subdivision, a change in status includes, but is not
limited to, a change in financial interests, legal commitment,
regional center or board position or duties, or both, or outside
position or duties, or both, whether compensated or not.

(i) The governing board shall submit a copy of the completed
conflict-of-interest statements of the governing board members
and the regional center executive director to the department within
10 days of receipt of the statements.

(j) A person who knowingly provides false information on a
conflict-of-interest statement required by this section shall be
subject to a civil penalty in an amount up to fifty thousand dollars
($50,000), in addition to any civil remedies available to the
department. An action for a civil penalty under this provision may
be brought by the department or any public prosecutor in the name
of the people of the State of California.

(k) The director of the regional center shall review the
conflict-of-interest statement of each regional center employee
referenced in subdivision (e) within 10 days of receipt of the
statement. If a potential or present conflict of interest is identified
for a regional center employee that cannot be eliminated, the
regional center shall, within 30 days of receipt of the statement,
submit to the department a copy of the conflict-of-interest statement
and a plan that proposes mitigation measures, including timeframes
and actions the regional center or the employee, or both, will take
to mitigate the conflict of interest.

(l) The department and the regional center governing board shall
review the conflict-of-interest statement of the regional center
executive director and each regional center board member to ensure
that no conflicts of interest exist. If a present or potential conflict
of interest is identified for a regional center director or a board
member that cannot be eliminated, the regional center governing
board shall, within 30 days of receipt of the statement, submit to
the department and the state council a copy of the
conflict-of-interest statement and a plan that proposes mitigation
measures, including timeframes and actions the regional center
governing board or the individual, or both, will take to mitigate
the conflict of interest.

begin insert

begin insert SEC. 37. end insert   

end insert

begin insert Section 4628 of the end insert begin insert Welfare and Institutions Code end insert begin insert is
amended to read: end insert

4628.  

If, for good reason, a contracting agency is unable to
meet all the criteria for a governing board established in this
chapter, the director may waive begin delete such end delete begin insert those end insert criteria for a period of
time, not to exceed one year, with the approval of begin delete the area board
in the area and with the approval of end delete the state council.

begin insert

begin insert SEC. 38. end insert   

end insert

begin insert Section 4629 of the end insert begin insert Welfare and Institutions Code end insert begin insert is
amended to read: end insert

4629.  

(a) The state shall enter into five-year contracts with
regional centers, subject to the annual appropriation of funds by
the Legislature.

(b) The contracts shall include a provision requiring each
regional center to render services in accordance with applicable
provision of state laws and regulations.

(c) (1) The contracts shall include annual performance
objectives that shall do both of the following:

(A) Be specific, measurable, and designed to do all of the
following:

(i) Assist consumers to achieve life quality outcomes.

(ii) Achieve meaningful progress above the current baselines.

(iii) Develop services and supports identified as necessary to
meet identified needs.

(B) Be developed through a public process as described in the
department’s guidelines that includes, but is not limited to, all of
the following:

(i) Providing information, in an understandable form, to the
community about regional center services and supports, including
budget information and baseline data on services and supports and
regional center operations.

(ii) Conducting a public meeting where participants can provide
input on performance objectives and using focus groups or surveys
to collect information from the community.

(iii) Circulating a draft of the performance objectives to the
community for input prior to presentation at a regional center board
meeting where additional public input will be taken and considered
before adoption of the objectives.

(2) In addition to the performance objectives developed pursuant
to this section, the department may specify in the performance
contract additional areas of service and support that require
development or enhancement by the regional center. In determining
those areas, the department shall consider public comments from
individuals and organizations within the regional center catchment
area, the distribution of services and supports within the regional
center catchment area, and review how the availability of services
and supports in the regional area catchment area compares with
other regional center catchment areas.

(d) Each contract with a regional center shall specify steps to
be taken to ensure contract compliance, including, but not limited
to, all of the following:

(1) Incentives that encourage regional centers to meet or exceed
performance standards.

(2) Levels of probationary status for regional centers that do
not meet, or are at risk of not meeting, performance standards. The
department shall require that corrective action be taken by any
regional center which is placed on probation. Corrective action
may include, but is not limited to, mandated consultation with
designated representatives of the Association of Regional Center
Agencies or a management team designated by the department, or
both. The department shall establish the specific timeline for the
implementation of corrective action and monitor its
implementation. When a regional center is placed on probation,
the department shall provide the begin delete appropriate area board end delete begin insert state
council end insert with a copy of the correction plan, timeline, and any other
action taken by the department relating to the probationary status
of the regional center.

(e) In order to evaluate the regional center’s compliance with
its contract performance objectives and legal obligations related
to those objectives, the department shall do both of the following:

(1) Annually assess each regional center’s achievement of its
previous year’s objectives and make the assessment, including
baseline data and performance objectives of the individual regional
centers, available to the public. The department may make a special
commendation of the regional centers that have best engaged the
community in the development of contract performance objectives
and have made the most meaningful progress in meeting or
exceeding contract performance objectives.

(2) Monitor the activities of the regional center to ensure
compliance with the provisions of its contracts, including, but not
limited to, reviewing all of the following:

(A) The regional center’s public process for compliance with
the procedures sets forth in paragraph (2) of subdivision (c).

(B) Each regional center’s performance objectives for
compliance with the criteria set forth in paragraph (1) of
subdivision (c).

(C) Any public comments on regional center performance
objectives sent to the department or to the regional centers, and
soliciting public input on the public process and final performance
standards.

(f) The renewal of each contract shall be contingent upon
compliance with the contract including, but not limited to, the
performance objectives, as determined through the department’s
evaluation.

begin insert

begin insert SEC. 39. end insert   

end insert

begin insert Section 4635 of the end insert begin insert Welfare and Institutions Code end insert begin insert is
amended to read: end insert

4635.  

(a) If any regional center finds that it is unable to comply
with the requirements of this division or its contract with the state,
the regional center shall be responsible for informing the
department immediately that it does not expect to fulfill its
contractual obligations. Failure to provide the notification to the
department in a timely manner shall constitute grounds for possible
revocation or nonrenewal of the contract. If any regional center
makes a decision to cancel or not renew its contract with the
department, the regional center shall give a minimum of 90 days’
written notice of its decision.

(b) (1) If the department finds that any regional center is not
fulfilling its contractual obligations, the department shall make
reasonable efforts to resolve the problem within a reasonable period
of time with the cooperation of the regional center, including the
action described in paragraph (2) of subdivision (b) of Section
4629 or renegotiation of the contract.

(2) If the department’s efforts to resolve the problem are not
successful, the department shall issue a letter of noncompliance.
The letter of noncompliance shall state the noncompliant activities
and establish a specific timeline for the development and
implementation of a corrective action plan. The department shall
approve the plan and monitor its implementation. Letters of
noncompliance shall be made available to the public upon request.
The letter of noncompliance shall not include privileged or
confidential consumer information or information that would
violate the privacy rights of regional center board members or
employees. The department shall notify the begin delete appropriate area board end delete
begin insert state council end insert and shall provide the begin delete area board end delete begin insert state council end insert with a
copy of the corrective action plan, the timeline, and any other
action taken by the department relating to the requirements for
corrective action.

(c) If the department finds that any regional center continues to
fail in fulfilling its contractual obligations after reasonable efforts
have been made, and finds that other regional centers are able to
fulfill similar obligations under similar contracts, and finds that it
will be in the best interest of the persons being served by the
regional center, the department shall take steps to terminate the
contract and to negotiate with another governing board to provide
regional center services in the area. These findings may also
constitute grounds for possible nonrenewal of the contract in
addition to, or in lieu of, other grounds.

(d) If the department makes a decision to cancel or not renew
its contract with the regional center, the department shall give a
minimum of 90 days’ written notice of its decision, unless it has
determined that the 90 days’ notice would jeopardize the health
or safety of the regional center’s consumers, or constitutes willful
misuse of state funds, as determined by the Attorney General.
Within 14 days after receipt of the notice, the regional center may
make a written protest to the department of the decision to
terminate or not renew the contract. In that case, the department
shall: (1) arrange to meet with the regional center and the
begin delete appropriate area board end delete begin insert state council end insert within 30 days after receipt
of the protest to discuss the decision and to provide its rationale
for the termination or nonrenewal of the contract, and to discuss
any feasible alternatives to termination or nonrenewal, including
the possibility of offering a limited term contract of less than one
fiscal year; and (2) initiate the procedures for resolving disputes
contained in Section 4632. To the extent allowable under state and
federal law, any outstanding audit exceptions or other deficiency
reports, appeals, or protests shall be made available and subject to
discussion at the meeting arranged under clause (1).

(e) When terminating or not renewing a regional center contract
and negotiating with another governing board for a regional center
contract, the department shall do all of the following:

(1) Notify the begin delete area board, end delete State Council on Developmental
Disabilities, all personnel employed by the regional center, all
service providers to the regional center, and all consumers of the
regional center informing them that it proposes to terminate or not
renew the contract with the regional center, and that the state will
continue to fulfill its obligations to ensure a continuity of services,
as required by state law, through a contract with a new governing
board.

(2) Issue a request for proposals prior to selecting and
negotiating with another governing board for a regional center
contract. The begin delete local area board end delete begin insert state council end insert shall review all
proposals and make recommendations to the department.

(3) Request the begin delete area board end delete begin insert state council end insert and any other
community agencies to assist the state by locating or organizing
a new governing board to contract with the department to operate
the regional center in the area. begin delete Area boards end delete begin insert The state council end insert shall
cooperate with the department when that assistance is requested.

(4) Provide any assistance begin delete which end delete begin insert that end insert may be required to ensure
that the transfer of responsibility to a new regional center will be
accomplished with minimum disruption to the clients of the service
program.

(f) In no event shall the procedures for termination or
nonrenewal of a regional center contract limit or abridge the state’s
authority to contract with any duly authorized organization for the
purpose of service delivery, nor shall these procedures be
interpreted to represent a continued contractual obligation beyond
the limits of any fiscal year contract.

begin insert

begin insert SEC. 40. end insert   

end insert

begin insert Section 4640.6 of the end insert begin insert Welfare and Institutions Code end insert
begin insert is amended to read: end insert

4640.6.  

(a) In approving regional center contracts, the
department shall ensure that regional center staffing patterns
demonstrate that direct service coordination are the highest priority.

(b) Contracts between the department and regional centers shall
require that regional centers implement an emergency response
system that ensures that a regional center staff person will respond
to a consumer, or individual acting on behalf of a consumer, within
two hours of the time an emergency call is placed. This emergency
response system shall be operational 24 hours per day, 365 days
per year.

(c) Contracts between the department and regional centers shall
require regional centers to have service coordinator-to-consumer
ratios, as follows:

(1) An average service coordinator-to-consumer ratio of 1 to
62 for all consumers who have not moved from the developmental
centers to the community since April 14, 1993. In no case shall a
service coordinator for these consumers have an assigned caseload
in excess of 79 consumers for more than 60 days.

(2) An average service coordinator-to-consumer ratio of 1 to
45 for all consumers who have moved from a developmental center
to the community since April 14, 1993. In no case shall a service
coordinator for these consumers have an assigned caseload in
excess of 59 consumers for more than 60 days.

(3) Commencing January 1, 2004, the following
coordinator-to-consumer ratios shall apply:

(A) All consumers three years of age and younger and for
consumers enrolled in the Home and Community-based Services
Waiver program for persons with developmental disabilities, an
average service coordinator-to-consumer ratio of 1 to 62.

(B) All consumers who have moved from a developmental
center to the community since April 14, 1993, and have lived
continuously in the community for at least 12 months, an average
service coordinator-to-consumer ratio of 1 to 62.

(C) All consumers who have not moved from the developmental
centers to the community since April 14, 1993, and who are not
described in subparagraph (A), an average service
coordinator-to-consumer ratio of 1 to 66.

(4) For purposes of paragraph (3), service coordinators may
have a mixed caseload of consumers three years of age and
younger, consumers enrolled in the Home and Community-based
Services Waiver program for persons with developmental
disabilities, and other consumers if the overall average caseload
is weighted proportionately to ensure that overall regional center
average service coordinator-to-consumer ratios as specified in
paragraph (3) are met. For purposes of paragraph (3), in no case
shall a service coordinator have an assigned caseload in excess of
84 for more than 60 days.

(d) For purposes of this section, “service coordinator” means a
regional center employee whose primary responsibility includes
preparing, implementing, and monitoring consumers’ individual
program plans, securing and coordinating consumer services and
supports, and providing placement and monitoring activities.

(e) In order to ensure that caseload ratios are maintained
pursuant to this section, each regional center shall provide service
coordinator caseload data to the department, annually for each
fiscal year. The data shall be submitted in the format, including
the content, prescribed by the department. Within 30 days of receipt
of data submitted pursuant to this subdivision, the department shall
make a summary of the data available to the public upon request.
The department shall verify the accuracy of the data when
conducting regional center fiscal audits. Data submitted by regional
centers pursuant to this subdivision shall:

(1) Only include data on service coordinator positions as defined
in subdivision (d). Regional centers shall identify the number of
positions that perform service coordinator duties on less than a
full-time basis. Staffing ratios reported pursuant to this subdivision
shall reflect the appropriate proportionality of these staff to
consumers served.

(2) Be reported separately for service coordinators whose
caseload includes any of the following:

(A) Consumers who are three years of age and older and who
have not moved from the developmental center to the community
since April 14, 1993.

(B) Consumers who have moved from a developmental center
to the community since April 14, 1993.

(C) Consumers who are younger than three years of age.

(D) Consumers enrolled in the Home and Community-based
Services Waiver program.

(3) Not include positions that are vacant for more than 60 days
or new positions established within 60 days of the reporting month
that are still vacant.

(4) For purposes of calculating caseload ratios for consumers
enrolled in the Home and Community-based Services Waiver
program, vacancies shall not be included in the calculations.

(f) The department shall provide technical assistance and require
a plan of correction for any regional center that, for two consecutive
reporting periods, fails to maintain service coordinator caseload
ratios required by this section or otherwise demonstrates an
inability to maintain appropriate staffing patterns pursuant to this
section. Plans of correction shall be developed following input
from the begin delete local area board, end delete begin insert state council, end insert local organizations
representing consumers, family members, regional center
employees, including recognized labor organizations, and service
providers, and other interested parties.

(g) Contracts between the department and regional center shall
require the regional center to have, or contract for, all of the
following areas:

(1) Criminal justice expertise to assist the regional center in
providing services and support to consumers involved in the
criminal justice system as a victim, defendant, inmate, or parolee.

(2) Special education expertise to assist the regional center in
providing advocacy and support to families seeking appropriate
educational services from a school district.

(3) Family support expertise to assist the regional center in
maximizing the effectiveness of support and services provided to
families.

(4) Housing expertise to assist the regional center in accessing
affordable housing for consumers in independent or supportive
living arrangements.

(5) Community integration expertise to assist consumers and
families in accessing integrated services and supports and improved
opportunities to participate in community life.

(6) Quality assurance expertise, to assist the regional center to
provide the necessary coordination and cooperation with the begin delete area
board end delete begin insert state council, end insert in conducting quality-of-life assessments and
coordinating the regional center quality assurance efforts.

(7) Each regional center shall employ at least one consumer
advocate who is a person with developmental disabilities.

(8) Other staffing arrangements related to the delivery of
services that the department determines are necessary to ensure
maximum cost-effectiveness and to ensure that the service needs
of consumers and families are met.

(h) Any regional center proposing a staffing arrangement that
substantially deviates from the requirements of this section shall
request a waiver from the department. Prior to granting a waiver,
the department shall require a detailed staffing proposal, including,
but not limited to, how the proposed staffing arrangement will
benefit consumers and families served, and shall demonstrate clear
and convincing support for the proposed staffing arrangement from
constituencies served and impacted, that include, but are not limited
to, consumers, families, providers, advocates, and recognized labor
organizations. In addition, the regional center shall submit to the
department any written opposition to the proposal from
organizations or individuals, including, but not limited to,
consumers, families, providers, and advocates, including
recognized labor organizations. The department may grant waivers
to regional centers that sufficiently demonstrate that the proposed
staffing arrangement is in the best interest of consumers and
families served, complies with the requirements of this chapter,
and does not violate any contractual requirements. A waiver shall
be approved by the department for up to 12 months, at which time
a regional center may submit a new request pursuant to this
subdivision.

(i) From February 1, 2009, to June 30, 2010, inclusive, the
following shall not apply:

(1) The service coordinator-to-consumer ratio requirements of
paragraph (1), and subparagraph (C) of paragraph (3), of
subdivision (c).

(2) The requirements of subdivision (e). The regional centers
shall, instead, maintain sufficient service coordinator caseload data
to document compliance with the service coordinator-to-consumer
ratio requirements in effect pursuant to this section.

(3) The requirements of paragraphs (1) to (6), inclusive, of
subdivision (g).

(j) From July 1, 2010, until June 30, 2013, the following shall
not apply:

(1) The service coordinator-to-consumer ratio requirements of
paragraph (1), and subparagraph (C) of paragraph (3), of
subdivision (c).

(2) The requirements of paragraphs (1) to (6), inclusive, of
subdivision (g).

(k) (1) Any contract between the department and a regional
center entered into on and after January 1, 2003, shall require that
all employment contracts entered into with regional center staff
or contractors be available to the public for review, upon request.
For purposes of this subdivision, an employment contract or portion
thereof may not be deemed confidential nor unavailable for public
review.

(2) Notwithstanding paragraph (1), the social security number
of the contracting party may not be disclosed.

(3) The term of the employment contract between the regional
center and an employee or contractor shall not exceed the term of
the state’s contract with the regional center.

begin insert

begin insert SEC. 41. end insert   

end insert

begin insert Section 4646 of the end insert begin insert Welfare and Institutions Code end insert begin insert is
amended to read: end insert

4646.  

(a) It is the intent of the Legislature to ensure that the
individual program plan and provision of services and supports
by the regional center system is centered on the individual and the
family of the individual with developmental disabilities and takes
into account the needs and preferences of the individual and the
family, where appropriate, as well as promoting community
integration, independent, productive, and normal lives, and stable
and healthy environments. It is the further intent of the Legislature
to ensure that the provision of services to consumers and their
families be effective in meeting the goals stated in the individual
program plan, reflect the preferences and choices of the consumer,
and reflect the cost-effective use of public resources.

(b) The individual program plan is developed through a process
of individualized needs determination. The individual with
developmental disabilities and, where appropriate, his or her
parents, legal guardian or conservator, or authorized representative,
shall have the opportunity to actively participate in the development
of the plan.

(c) An individual program plan shall be developed for any
person who, following intake and assessment, is found to be
eligible for regional center services. These plans shall be completed
within 60 days of the completion of the assessment. At the time
of intake, the regional center shall inform the consumer and, where
appropriate, his or her parents, legal guardian or conservator, or
authorized representative, of the services available through the
begin delete local area board end delete begin insert state council end insert and the protection and advocacy
agency designated by the Governor pursuant to federal law, and
shall provide the address and telephone numbers of those agencies.

(d) Individual program plans shall be prepared jointly by the
planning team. Decisions concerning the consumer’s goals,
objectives, and services and supports that will be included in the
consumer’s individual program plan and purchased by the regional
center or obtained from generic agencies 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.

(e) Regional centers shall comply with the request of a
consumer, or when appropriate, the request of his or her parents,
legal guardian, conservator, or authorized representative, that a
designated representative receive written notice of all meetings to
develop or revise his or her individual program plan and of all
notices sent to the consumer pursuant to Section 4710. The
designated representative may be a parent or family member.

(f) If a final agreement regarding the services and supports to
be provided to the consumer cannot be reached at a program plan
meeting, then a subsequent program plan meeting shall be
convened within 15 days, or later at the request of the consumer
or, when appropriate, the parents, legal guardian, conservator, or
authorized representative or when agreed to by the planning team.
Additional program plan meetings may be held with the agreement
of the regional center representative and the consumer or, where
appropriate, the parents, legal guardian, conservator, or authorized
representative.

(g) An authorized representative of the regional center and the
consumer or, when appropriate, his or her parent, legal guardian,
conservator, or authorized representative shall sign the individual
program plan prior to its implementation. If the consumer or, when
appropriate, his or her parent, legal guardian, conservator, or
authorized representative, does not agree with all components of
the plan, he or she may indicate that disagreement on the plan.
Disagreement with specific plan components shall not prohibit the
implementation of services and supports agreed to by the consumer
or, when appropriate, his or her parent, legal guardian, conservator,
or authorized representative. If the consumer or, when appropriate,
his or her parent, legal guardian, conservator, or authorized
representative, does not agree with the plan in whole or in part, he
or she shall be sent written notice of the fair hearing rights, as
required by Section 4701.

(h) (1) A regional center shall communicate in the consumer’s
native language, or, when appropriate, the native language of his
or her family, legal guardian, conservator, or authorized
representative, during the planning process for the individual
program plan, including during the program plan meeting, and
including providing alternative communication services, as required
by Sections 11135 to 11139.7, inclusive, of the Government Code
and implementing regulations.

(2) A regional center shall provide alternative communication
services, including providing a copy of the individual program
plan in the native language of the consumer or his or her family,
legal guardian, conservator, or authorized representative, or both,
as required by Sections 11135 to 11139.7, inclusive, of the
Government Code and implementing regulations.

(3) The native language of the consumer or his or her family,
legal guardian, conservator, or authorized representative, or both,
shall be documented in the individual program plan.

begin insert

begin insert SEC. 42. end insert   

end insert

begin insert Section 4646.5 of the end insert begin insert Welfare and Institutions Code end insert
begin insert is amended to read: end insert

4646.5.  

(a) The planning process for the individual program
plan described in Section 4646 shall include all of the following:

(1) Gathering information and conducting assessments to
determine the life goals, capabilities and strengths, preferences,
barriers, and concerns or problems of the person with
developmental disabilities. For children with developmental
disabilities, this process should include a review of the strengths,
preferences, and needs of the child and the family unit as a whole.
Assessments shall be conducted by qualified individuals and
performed in natural environments whenever possible. Information
shall be taken from the consumer, his or her parents and other
family members, his or her friends, advocates, authorized
representative, if applicable, providers of services and supports,
and other agencies. The assessment process shall reflect awareness
of, and sensitivity to, the lifestyle and cultural background of the
consumer and the family.

(2) A statement of goals, based on the needs, preferences, and
life choices of the individual with developmental disabilities, and
a statement of specific, time-limited objectives for implementing
the person’s goals and addressing his or her needs. These objectives
shall be stated in terms that allow measurement of progress or
monitoring of service delivery. These goals and objectives should
maximize opportunities for the consumer to develop relationships,
be part of community life in the areas of community participation,
housing, work, school, and leisure, increase control over his or her
life, acquire increasingly positive roles in community life, and
develop competencies to help accomplish these goals.

(3) When developing individual program plans for children,
regional centers shall be guided by the principles, process, and
services and support parameters set forth in Section 4685.

(4) When developing an individual program plan for a transition
age youth or working age adult, the planning team shall consider
the Employment First Policy described in Chapter 14 (commencing
with Section 4868).

(5) A schedule of the type and amount of services and supports
to be purchased by the regional center or obtained from generic
agencies or other resources in order to achieve the individual
program plan goals and objectives, and identification of the
provider or providers of service responsible for attaining each
objective, including, but not limited to, vendors, contracted
providers, generic service agencies, and natural supports. The
individual program plan shall specify the approximate scheduled
start date for services and supports and shall contain timelines for
actions necessary to begin services and supports, including generic
services.

(6) When agreed to by the consumer, the parents, legally
appointed guardian, or authorized representative of a minor
consumer, or the legally appointed conservator of an adult
consumer or the authorized representative, including those
appointed pursuant to begin delete subdivision (d) of Section 4548, end delete
begin insert subparagraph (A) of paragraph (2) of subdivision (e) of Section
4540, end insert subdivision (b) of Section 4701.6, and subdivision (e) of
Section 4705, a review of the general health status of the adult or
child, including medical, dental, and mental health needs, shall be
conducted. This review shall include a discussion of current
medications, any observed side effects, and the date of the last
review of the medication. Service providers shall cooperate with
the planning team to provide any information necessary to complete
the health status review. If any concerns are noted during the
review, referrals shall be made to regional center clinicians or to
the consumer’s physician, as appropriate. Documentation of health
status and referrals shall be made in the consumer’s record by the
service coordinator.

(7) (A) The development of a transportation access plan for a
consumer when all of the following conditions are met:

(i) The regional center is purchasing private, specialized
transportation services or services from a residential, day, or other
provider, excluding vouchered service providers, to transport the
consumer to and from day or work services.

(ii) The planning team has determined that a consumer’s
community integration and participation could be safe and
enhanced through the use of public transportation services.

(iii) The planning team has determined that generic
transportation services are available and accessible.

(B) To maximize independence and community integration and
participation, the transportation access plan shall identify the
services and supports necessary to assist the consumer in accessing
public transportation and shall comply with Section 4648.35. These
services and supports may include, but are not limited to, mobility
training services and the use of transportation aides. Regional
centers are encouraged to coordinate with local public
transportation agencies.

(8) A schedule of regular periodic review and reevaluation to
ascertain that planned services have been provided, that objectives
have been fulfilled within the times specified, and that consumers
and families are satisfied with the individual program plan and its
implementation.

(b) For all active cases, individual program plans shall be
reviewed and modified by the planning team, through the process
described in Section 4646, as necessary, in response to the person’s
achievement or changing needs, and no less often than once every
three years. If the consumer or, where appropriate, the consumer’s
parents, legal guardian, authorized representative, or conservator
requests an individual program plan review, the individual program
shall be reviewed within 30 days after the request is submitted.

(c) (1) The department, with the participation of representatives
of a statewide consumer organization, the Association of Regional
Center Agencies, an organized labor organization representing
service coordination staff, and the begin delete Organization of Area Boards end delete
begin insert state council end insert shall prepare training material and a standard format
and instructions for the preparation of individual program plans,
which embody an approach centered on the person and family.

(2) Each regional center shall use the training materials and
format prepared by the department pursuant to paragraph (1).

(3) The department shall biennially review a random sample of
individual program plans at each regional center to ensure that
these plans are being developed and modified in compliance with
Section 4646 and this section.

begin insert

begin insert SEC. 43. end insert   

end insert

begin insert Section 4648 of the end insert begin insert Welfare and Institutions Code end insert begin insert is
amended to read: end insert

4648.  

In order to achieve the stated objectives of a consumer’s
individual program plan, the regional center shall conduct activities,
including, but not limited to, all of the following:

(a) Securing needed services and supports.

(1) It is the intent of the Legislature that services and supports
assist individuals with developmental disabilities in achieving the
greatest self-sufficiency possible and in exercising personal
choices. The regional center shall secure services and supports
that meet the needs of the consumer, as determined in the
consumer’s individual program plan, and within the context of the
individual program plan, the planning team shall give highest
preference to those services and supports which would allow
minors with developmental disabilities to live with their families,
adult persons with developmental disabilities to live as
independently as possible in the community, and that allow all
consumers to interact with persons without disabilities in positive,
meaningful ways.

(2) In implementing individual program plans, regional centers,
through the planning team, shall first consider services and supports
in natural community, home, work, and recreational settings.
Services and supports shall be flexible and individually tailored
to the consumer and, where appropriate, his or her family.

(3) A regional center may, pursuant to vendorization or a
contract, purchase services or supports for a consumer from any
individual or agency begin delete which end delete begin insert that end insert the regional center and consumer
or, begin delete where end delete begin insert when end insert appropriate, his or her parents, legal guardian, or
conservator, or authorized representatives, determines will best
accomplish all or any part of that consumer’s program plan.

(A) Vendorization or contracting is the process for identification,
selection, and utilization of service vendors or contractors, based
on the qualifications and other requirements necessary in order to
provide the service.

(B) A regional center may reimburse an individual or agency
for services or supports provided to a regional center consumer if
the individual or agency has a rate of payment for vendored or
contracted services established by the department, pursuant to this
division, and is providing services pursuant to an emergency
vendorization or has completed the vendorization procedures or
has entered into a contract with the regional center and continues
to comply with the vendorization or contracting requirements. The
director shall adopt regulations governing the vendorization process
to be utilized by the department, regional centers, vendors and the
individual or agency requesting vendorization.

(C) Regulations shall include, but not be limited to: the vendor
application process, and the basis for accepting or denying an
application; the qualification and requirements for each category
of services that may be provided to a regional center consumer
through a vendor; requirements for emergency vendorization;
procedures for termination of vendorization; the procedure for an
individual or an agency to appeal any vendorization decision made
by the department or regional center.

(D) A regional center may vendorize a licensed facility for
exclusive services to persons with developmental disabilities at a
capacity equal to or less than the facility’s licensed capacity. A
facility already licensed on January 1, 1999, shall continue to be
vendorized at their full licensed capacity until the facility agrees
to vendorization at a reduced capacity.

(E) Effective July 1, 2009, notwithstanding any other begin delete provision
of end delete law or regulation to the contrary, a regional center shall not
newly vendor a State Department of Social Services licensed
24-hour residential care facility with a licensed capacity of 16 or
more beds, unless the facility qualifies for receipt of federal funds
under the Medicaid Program.

(4) Notwithstanding subparagraph (B) of paragraph (3), a
regional center may contract or issue a voucher for services and
supports provided to a consumer or family at a cost not to exceed
the maximum rate of payment for that service or support
established by the department. If a rate has not been established
by the department, the regional center may, for an interim period,
contract for a specified service or support with, and establish a
rate of payment for, any provider of the service or support
necessary to implement a consumer’s individual program plan.
Contracts may be negotiated for a period of up to three years, with
annual review and subject to the availability of funds.

(5) In order to ensure the maximum flexibility and availability
of appropriate services and supports for persons with
developmental disabilities, the department shall establish and
maintain an equitable system of payment to providers of services
and supports identified as necessary to the implementation of a
consumers’ individual program plan. The system of payment shall
include provision for a rate to ensure that the provider can meet
the special needs of consumers and provide quality services and
supports in the least restrictive setting as required by law.

(6) The regional center and the consumer, or begin delete where end delete begin insert when end insert
appropriate, his or her parents, legal guardian, conservator, or
authorized representative, including those appointed pursuant to
begin delete subdivision (d) of Section 4548, end delete begin insert subparagraph (A) of paragraph
(2) of subdivision (e) of Section 4540, end insert subdivision (b) of Section
4701.6, or subdivision (e) of Section 4705, shall, pursuant to the
individual program plan, consider all of the following when
selecting a provider of consumer services and supports:

(A) A provider’s ability to deliver quality services or supports
begin delete which end delete begin insert that end insert can accomplish all or part of the consumer’s individual
program plan.

(B) A provider’s success in achieving the objectives set forth
in the individual program plan.

(C)  begin delete Where end delete begin insert When end insert appropriate, the existence of licensing,
accreditation, or professional certification.

(D) The cost of providing services or supports of comparable
quality by different providers, if available, shall be reviewed, and
the least costly available provider of comparable service, including
the cost of transportation, who is able to accomplish all or part of
the consumer’s individual program plan, consistent with the
particular needs of the consumer and family as identified in the
individual program plan, shall be selected. In determining the least
costly provider, the availability of federal financial participation
shall be considered. The consumer shall not be required to use the
least costly provider if it will result in the consumer moving from
an existing provider of services or supports to more restrictive or
less integrated services or supports.

(E) The consumer’s choice of providers, or, begin delete where end delete begin insert when end insert
appropriate, the consumer’s parent’s, legal guardian’s, authorized
representative’s, or conservator’s choice of providers.

(7) No service or support provided by any agency or individual
shall be continued unless the consumer or, begin delete where end delete begin insert when end insert appropriate,
his or her parents, legal guardian, or conservator, or authorized
representative, including those appointed pursuant to begin delete subdivision
(d) of Section 4548, end delete begin insert subparagraph (A) of paragraph (2) of
subdivision (e) of Section 4540, end insert subdivision (b) of Section 4701.6,
or subdivision (e) of Section 4705, is satisfied and the regional
center and the consumer or, when appropriate, the person’s parents
or legal guardian or conservator agree that planned services and
supports have been provided, and reasonable progress toward
objectives have been made.

(8) Regional center funds shall not be used to supplant the
budget of any agency that has a legal responsibility to serve all
members of the general public and is receiving public funds for
providing those services.

(9) (A) A regional center may, directly or through an agency
acting on behalf of the center, provide placement in, purchase of,
or follow-along services to persons with developmental disabilities
in, appropriate community living arrangements, including, but not
limited to, support service for consumers in homes they own or
lease, foster family placements, health care facilities, and licensed
community care facilities. In considering appropriate placement
alternatives for children with developmental disabilities, approval
by the child’s parent or guardian shall be obtained before placement
is made.

(B) Effective July 1, 2012, notwithstanding any other law or
begin delete regulation to the contrary, end delete begin insert regulation, end insert a regional center shall not
purchase residential services from a State Department of Social
Services licensed 24-hour residential care facility with a licensed
capacity of 16 or more beds. This prohibition on regional center
purchase of residential services shall not apply to any of the
following:

(i) A residential facility with a licensed capacity of 16 or more
beds that has been approved to participate in the department’s
Home and Community Based Services Waiver or another existing
waiver program or certified to participate in the Medi-Cal program.

(ii) A residential facility service provider that has a written
agreement and specific plan prior to July 1, 2012, with the
vendoring regional center to downsize the existing facility by
transitioning its residential services to living arrangements of 15
beds or less or restructure the large facility to meet federal
Medicaid eligibility requirements on or before June 30, 2013.

(iii) A residential facility licensed as a mental health
rehabilitation center by the State Department of Mental Health or
successor agency under any of the following circumstances:

(I) The facility is eligible for Medicaid reimbursement.

(II) The facility has a department-approved plan in place by
June 30, 2013, to transition to a program structure eligible for
federal Medicaid funding, and this transition will be completed by
June 30, 2014. The department may grant an extension for the date
by which the transition will be completed if the facility
demonstrates that it has made significant progress toward transition,
and states with specificity the timeframe by which the transition
will be completed and the specified steps that will be taken to
accomplish the transition. A regional center may pay for the costs
of care and treatment of a consumer residing in the facility on June
30, 2012, until June 30, 2013, inclusive, and, if the facility has a
department-approved plan in place by June 30, 2013, may continue
to pay the costs under this subparagraph until June 30, 2014, or
until the end of any period during which the department has granted
an extension.

(III) There is an emergency circumstance in which the regional
center determines that it cannot locate alternate federally eligible
services to meet the consumer’s needs. Under such an emergency
circumstance, an assessment shall be completed by the regional
center as soon as possible and within 30 days of admission. An
individual program plan meeting shall be convened immediately
following the assessment to determine the services and supports
needed for stabilization and to develop a plan to transition the
consumer from the facility into the community. If transition is not
expected within 90 days of admission, an individual program plan
meeting shall be held to discuss the status of transition and to
determine if the consumer is still in need of placement in the
facility. Commencing October 1, 2012, this determination shall
be made after also considering resource options identified by the
statewide specialized resource service. If it is determined that
emergency services continue to be necessary, the regional center
shall submit an updated transition plan that can cover a period of
up to 90 days. In no event shall placements under these emergency
circumstances exceed 180 days.

(C) (i) Effective July 1, 2012, notwithstanding any other law
or begin delete regulation to the contrary, end delete begin insert regulation, end insert a regional center shall
not purchase new residential services from, or place a consumer
in, institutions for mental disease, as described in Part 5
(commencing with Section 5900) of Division 5, for which federal
Medicaid funding is not available. Effective July 1, 2013, this
prohibition applies regardless of the availability of federal funding.

(ii) The prohibition described in clause (i) shall not apply to
emergencies, as determined by the regional center, when a regional
center cannot locate alternate services to meet the consumer’s
needs. As soon as possible within 30 days of admission due to an
emergency, an assessment shall be completed by the regional
center. An individual program plan meeting shall be convened
immediately following the assessment, to determine the services
and supports needed for stabilization and to develop a plan to
transition the consumer from the facility to the community. If
transition is not expected within 90 days of admission, an
emergency program plan meeting shall be held to discuss the status
of the transition and to determine if the consumer is still in need
of placement in the facility. If emergency services continue to be
necessary, the regional center shall submit an updated transition
plan to the department for an extension of up to 90 days. Placement
shall not exceed 180 days.

(iii) To the extent feasible, prior to any admission, the regional
center shall consider resource options identified by the statewide
specialized resource service established pursuant to subdivision
(b) of Section 4418.25.

(iv) The clients’ rights advocate shall be notified of each
admission and individual program planning meeting pursuant to
this subparagraph and may participate in all individual program
planning meetings unless the consumer objects on his or her own
behalf.

(v) Regional centers shall complete a comprehensive assessment
of any consumer residing in an institution for mental disease as of
July 1, 2012, for which federal Medicaid funding is not available,
and for any consumer residing in an institution for mental disease
as of July 1, 2013, without regard to federal funding. The
comprehensive assessment shall be completed prior to the
consumer’s next scheduled individual program plan meeting and
shall include identification of the services and supports needed
and the timeline for identifying or developing those services needed
to transition the consumer back to the community. Effective
October 1, 2012, the regional center shall also consider resource
options identified by the statewide specialized resource service.
For each individual program plan meeting convened pursuant to
this subparagraph, the clients’ rights advocate for the regional
center shall be notified of the meeting and may participate in the
meeting unless the consumer objects on his or her own behalf.

(D)  begin delete Each end delete begin insert A end insert person with developmental disabilities placed by
the regional center in a community living arrangement shall have
the rights specified in this division. These rights shall be brought
to the person’s attention by any means necessary to reasonably
communicate these rights to each resident, provided that, at a
minimum, the Director of Developmental Services prepare,
provide, and require to be clearly posted in all residential facilities
and day programs a poster using simplified language and pictures
that is designed to be more understandable by persons with
cognitive disabilities and that the rights information shall also be
available through the regional center to each residential facility
and day program in alternative formats, including, but not limited
to, other languages, braille, and audio tapes, when necessary to
meet the communication needs of consumers.

(E) Consumers are eligible to receive supplemental services
including, but not limited to, additional staffing, pursuant to the
process described in subdivision (d) of Section 4646. Necessary
additional staffing that is not specifically included in the rates paid
to the service provider may be purchased by the regional center if
the additional staff are in excess of the amount required by
regulation and the individual’s planning team determines the
additional services are consistent with the provisions of the
individual program plan. Additional staff should be periodically
reviewed by the planning team for consistency with the individual
program plan objectives in order to determine if continued use of
the additional staff is necessary and appropriate and if the service
is producing outcomes consistent with the individual program plan.
Regional centers shall monitor programs to ensure that the
additional staff is being provided and utilized appropriately.

(10) Emergency and crisis intervention services including, but
not limited to, mental health services and behavior modification
services, may be provided, as needed, to maintain persons with
developmental disabilities in the living arrangement of their own
choice. Crisis services shall first be provided without disrupting a
person’s living arrangement. If crisis intervention services are
unsuccessful, emergency housing shall be available in the person’s
home community. If dislocation cannot be avoided, every effort
shall be made to return the person to his or her living arrangement
of choice, with all necessary supports, as soon as possible.

(11) Among other service and support options, planning teams
shall consider the use of paid roommates or neighbors, personal
assistance, technical and financial assistance, and all other service
and support options which would result in greater self-sufficiency
for the consumer and cost-effectiveness to the state.

(12) When facilitation as specified in an individual program
plan requires the services of an individual, the facilitator shall be
of the consumer’s choosing.

(13) The community support may be provided to assist
individuals with developmental disabilities to fully participate in
community and civic life, including, but not limited to, programs,
services, work opportunities, business, and activities available to
persons without disabilities. This facilitation shall include, but not
be limited to, any of the following:

(A) Outreach and education to programs and services within
the community.

(B) Direct support to individuals begin delete which end delete begin insert that end insert would enable them
to more fully participate in their community.

(C) Developing unpaid natural supports when possible.

(14) When feasible and recommended by the individual program
planning team, for purposes of facilitating better and cost-effective
services for consumers or family members, technology, including
telecommunication technology, may be used in conjunction with
other services and supports. Technology in lieu of a consumer’s
in-person appearances at judicial proceedings or administrative
due process hearings may be used only if the consumer or, when
appropriate, the consumer’s parent, legal guardian, conservator,
or authorized representative, gives informed consent. Technology
may be used in lieu of, or in conjunction with, in-person training
for providers, as appropriate.

(15) Other services and supports may be provided as set forth
in Sections 4685, 4686, 4687, 4688, and 4689, when necessary.

(16) Notwithstanding any other begin delete provision of end delete law or begin delete regulation
to the contrary, end delete begin insert regulation, end insert effective July 1, 2009, regional centers
shall not purchase experimental treatments, therapeutic services,
or devices that have not been clinically determined or scientifically
proven to be effective or safe or for which risks and complications
are unknown. Experimental treatments or therapeutic services
include experimental medical or nutritional therapy when the use
of the product for that purpose is not a general physician practice.
For regional center consumers receiving these services as part of
their individual program plan (IPP) or individualized family service
plan (IFSP) on July 1, 2009, this prohibition shall apply on August
1, 2009.

(b) (1) Advocacy for, and protection of, the civil, legal, and
service rights of persons with developmental disabilities as
established in this division.

(2) Whenever the advocacy efforts of a regional center to secure
or protect the civil, legal, or service rights of any of its consumers
prove ineffective, the regional center or the person with
developmental disabilities or his or her parents, legal guardian, or
other representative may request begin delete the area board to initiate action
under the provisions defining area board end delete advocacy begin delete functions
established in this division. end delete begin insert assistance from the state council. end insert

(c) The regional center may assist consumers and families
directly, or through a provider, in identifying and building circles
of support within the community.

(d) In order to increase the quality of community services and
protect consumers, the regional center shall, when appropriate,
take either of the following actions:

(1) Identify services and supports that are ineffective or of poor
quality and provide or secure consultation, training, or technical
assistance services for any agency or individual provider to assist
that agency or individual provider in upgrading the quality of
services or supports.

(2) Identify providers of services or supports that may not be
in compliance with local, state, and federal statutes and regulations
and notify the appropriate licensing or regulatory authority, or
request the begin delete area board end delete begin insert state council end insert to investigate the possible
noncompliance.

(e) When necessary to expand the availability of needed services
of good quality, a regional center may take actions that include,
but are not limited to, the following:

(1) Soliciting an individual or agency by requests for proposals
or other means, to provide needed services or supports not presently
available.

(2) Requesting funds from the Program Development Fund,
pursuant to Section 4677, or community placement plan funds
designated from that fund, to reimburse the startup costs needed
to initiate a new program of services and supports.

(3) Using creative and innovative service delivery models,
including, but not limited to, natural supports.

(f) Except in emergency situations, a regional center shall not
provide direct treatment and therapeutic services, but shall utilize
appropriate public and private community agencies and service
providers to obtain those services for its consumers.

(g)  begin delete Where end delete begin insert When end insert there are identified gaps in the system of
services and supports or begin delete where end delete begin insert when end insert there are identified consumers
for whom no provider will provide services and supports contained
in his or her individual program plan, the department may provide
the services and supports directly.

(h) At least annually, regional centers shall provide the
consumer, his or her parents, legal guardian, conservator, or
authorized representative a statement of services and supports the
regional center purchased for the purpose of ensuring that they are
delivered. The statement shall include the type, unit, month, and
cost of services and supports purchased.

begin insert

begin insert SEC. 44. end insert   

end insert

begin insert Section 4649 of the end insert begin insert Welfare and Institutions Code end insert begin insert is
amended to read: end insert

4649.  

Regional centers shall cooperate with begin delete area boards end delete begin insert the
state council end insert in joint efforts to inform the public of services
available to persons with developmental disabilities and of their
unmet needs, provide materials and education programs to
community groups and agencies with interest in, or responsibility
for, persons with developmental disabilities, and develop resource
materials, if necessary, containing information about local agencies,
facilities, and service providers offering services to persons with
developmental disabilities.

begin insert

begin insert SEC. 45. end insert   

end insert

begin insert Section 4650 of the end insert begin insert Welfare and Institutions Code end insert begin insert is
amended to read: end insert

4650.  

Regional centers shall be responsible for developing an
annual plan and program budget to be submitted to the director no
later than September 1 of each fiscal year. An information copy
shall be submitted to the begin delete area board and end delete state council by the same
date.

begin insert

begin insert SEC. 46. end insert   

end insert

begin insert Section 4659 of the end insert begin insert Welfare and Institutions Code end insert begin insert is
amended to read: end insert

4659.  

(a) Except as otherwise provided in subdivision (b) or
(e), the regional center shall identify and pursue all possible sources
of funding for consumers receiving regional center services. These
sources shall include, but not be limited to, both of the following:

(1) Governmental or other entities or programs required to
provide or pay the cost of providing services, including Medi-Cal,
Medicare, the Civilian Health and Medical Program for Uniform
Services, school districts, and federal supplemental security income
and the state supplementary program.

(2) Private entities, to the maximum extent they are liable for
the cost of services, aid, insurance, or medical assistance to the
consumer.

(b) Any revenues collected by a regional center pursuant to this
section shall be applied against the cost of services prior to use of
regional center funds for those services. This revenue shall not
result in a reduction in the regional center’s purchase of services
budget, except as it relates to federal supplemental security income
and the state supplementary program.

(c) Effective July 1, 2009, notwithstanding any other begin delete provision
of end delete law or regulation begin delete to the contrary end delete , regional centers shall not
purchase any service that would otherwise be available from
Medi-Cal, Medicare, the Civilian Health and Medical Program for
Uniform Services, In-Home Support Services, California Children’s
Services, private insurance, or a health care service plan when a
consumer or a family meets the criteria of this coverage but chooses
not to pursue that coverage. If, on July 1, 2009, a regional center
is purchasing that service as part of a consumer’s individual
program plan (IPP), the prohibition shall take effect on October
1, 2009.

(d) (1) Effective July 1, 2009, notwithstanding any other
begin delete provision of end delete law or regulation begin delete to the contrary end delete , a regional center
shall not purchase medical or dental services for a consumer three
years of age or older unless the regional center is provided with
documentation of a Medi-Cal, private insurance, or a health care
service plan denial and the regional center determines that an
appeal by the consumer or family of the denial does not have merit.
If, on July 1, 2009, a regional center is purchasing the service as
part of a consumer’s IPP, this provision shall take effect on August
1, 2009. Regional centers may pay for medical or dental services
during the following periods:

(A) While coverage is being pursued, but before a denial is
made.

(B) Pending a final administrative decision on the administrative
appeal if the family has provided to the regional center a
verification that an administrative appeal is being pursued.

(C) Until the commencement of services by Medi-Cal, private
insurance, or a health care service plan.

(2) When necessary, the consumer or family may receive
assistance from the regional center, the Clients’ Rights Advocate
funded by the department, or begin delete area boards on developmental
disabilities end delete begin insert the state council end insert in pursuing these appeals.

(e) This section shall not begin delete be construed to end delete impose any additional
liability on the parents of children with developmental disabilities,
or to restrict eligibility for, or deny services to, any individual who
qualifies for regional center services but is unable to pay.

(f) In order to best utilize generic resources, federally funded
programs, and private insurance programs for individuals with
developmental disabilities, the department and regional centers
shall engage in the following activities:

(1) Within existing resources, the department shall provide
training to regional centers, no less than once every two years, in
the availability and requirements of generic, federally funded and
private programs available to persons with developmental
disabilities, including, but not limited to, eligibility requirements,
the application process and covered services, and the appeal
process.

(2) Regional centers shall disseminate information and training
to all service coordinators regarding the availability and
requirements of generic, federally funded and private insurance
programs on the local level.

begin insert

begin insert SEC. 47. end insert   

end insert

begin insert Section 4662 of the end insert begin insert Welfare and Institutions Code end insert begin insert is
amended to read: end insert

4662.  

In the case of an emergency situation involving matters
upon which prompt action is necessary due to the disruption or
threatened disruption of regional center services, an emergency
meeting may be called without complying with the advanced notice
requirement of Section 4661. For the purposes of this article,
“emergency situation” means any activity which severely impairs
public health, safety, or both, as determined by a majority of the
members of the regional center board. In these situations, advance
notice shall be provided if practicable. In addition, the begin delete area board end delete
begin insert state council regional office end insert shall be notified by telephone of each
emergency meeting. The minutes of an emergency meeting,
including a description of any actions taken at the meeting, shall
be mailed immediately to those persons described in Section 4661.

begin insert

begin insert SEC. 48. end insert   

end insert

begin insert Section 4669.2 of the end insert begin insert Welfare and Institutions Code end insert
begin insert is amended to read: end insert

4669.2.  

(a) Notwithstanding any other begin delete provision of end delete law, and
provided that there shall be no reduction in direct service to persons
eligible for services under this article, a regional center, with the
approval of the State Department of Developmental Services, and
in consultation with the begin delete local area boards, end delete begin insert state council, end insert consumer
and vendor advisory committees, and local advocacy organizations,
may explore and implement any regional center service delivery
alternative included in this section for consumers living in the
community, as follows:

(1) Alternative service coordination for consumers.

(2) Technical and financial support to consumers, and where
appropriate, their families, to provide or secure their own services
in lieu of services that regional centers would otherwise provide,
purchase, or secure. These programs shall be cost-effective in the
aggregate, and shall be limited to consumers who are at imminent
risk of moving to a more restrictive setting.

(3) Procedures whereby regional centers may negotiate levels
of payment with providers for delivery of specific services to a
group of consumers through a mutually agreed upon contract with
a specific term and a guaranteed reimbursement amount. Contracted
services may be for any specific service or combination of services
across vendor categories.

(4) Procedures whereby consumers, regional center
representatives, begin delete area board representatives, end delete begin insert the state council, end insert and
local service providers may jointly examine and make
recommendations to the department for reduced reporting and
recording requirements of regional centers. The recommendations
shall be made available upon request.

(5) Proposals to reduce reporting and recordkeeping
requirements at a regional center.

(6) Procedures whereby a regional center may lease a facility
and contract for the provision of services in that facility for regional
center clients.

(7) Procedures that encourage innovative approaches to the
sharing of administrative resources between regional centers and
other public and private agencies serving persons with
developmental disabilities.

(8) Proposals for a regional center to purchase a facility for its
own office space if it can be shown to be cost-effective. begin delete No funds end delete
begin insert Funds end insert from a regional center’s purchase of services budget shall
begin insert not end insert be used for this purchase.

(b) Consultation pursuant to subdivision (a) shall occur during
the development of the proposal prior to the public hearing
conducted in accordance with Section 4669.75 and after the
completion of the public hearing.

(c) The regional center shall annually submit to the State
Department of Developmental Services a report on the
implementation of the service delivery options approved by the
department under this section. The report shall review the effects
of the proposal, if applicable, upon the regional center purchase
of service budget and the state budget, the impact on other regional
center services, and the impact on consumers served under the
proposal. This report shall be completed within 90 days of the end
of each fiscal year.

begin insert

begin insert SEC. 49. end insert   

end insert

begin insert Section 4677 of the end insert begin insert Welfare and Institutions Code end insert begin insert is
amended to read: end insert

4677.  

(a) (1) All parental fees collected by or for regional
centers shall be remitted to the State Treasury to be deposited in
the Developmental Disabilities Program Development Fund, which
is hereby created and hereinafter called the Program Development
Fund. The purpose of the Program Development Fund shall be to
provide resources needed to initiate new programs, and to expand
or convert existing programs. Within the context of, and consistent
with, approved priorities for program development in the state
plan, program development funds shall promote integrated
residential, work, instructional, social, civic, volunteer, and
recreational services and supports that increase opportunities for
self-determination and maximum independence of persons with
developmental disabilities. Notwithstanding any other begin delete provision
of end delete law or regulation begin delete to the contrary end delete , commencing July 1, 2009,
parental fees remitted to the State Treasury shall be deposited in
accordance with Section 4784.

(2) In no event shall an allocation from the Program
Development Fund be granted for more than 24 months.

(b) (1) The State Council on Developmental Disabilities shall,
at least once every five years, request from all regional centers
information on the types and amounts of services and supports
needed, but currently unavailable.

(2) The state council shall work collaboratively with the
department and the Association of Regional Center Agencies to
develop standardized forms and protocols that shall be used by all
regional centers and begin delete area boards end delete begin insert the state council end insert in collecting and
reporting this information. In addition to identifying services and
supports that are needed, but currently unavailable, the forms and
protocols shall also solicit input and suggestions on alternative
and innovative service delivery models that would address
consumer needs.

(3) In addition to the information provided pursuant to paragraph
(2), the state council may utilize information from other sources,
including, but not limited to, public hearings, quality assurance
assessments conducted pursuant to Section 4571, regional center
reports on alternative service delivery submitted to the department
pursuant to Section 4669.2, and the annual report on self-directed
services produced pursuant to Section 4685.7.

(4) The department shall provide additional information, as
requested by the state council.

(5) Based on the information provided by the regional centers
and other agencies, the state council shall develop an assessment
of the need for new, expanded, or converted community services
and support, and make that assessment available to the public. The
assessment shall include a discussion of the type and amount of
services and supports necessary but currently unavailable including
the impact on consumers with common characteristics, including,
but not limited to, disability, specified geographic regions, age,
and ethnicity, face distinct challenges. The assessment shall
highlight alternative and innovative service delivery models
identified through their assessment process.

(6) This needs assessment shall be conducted at least once every
five years and updated annually. The assessment shall be included
in the state plan and shall be provided to the department and to the
appropriate committees of the Legislature. The assessment and
annual updates shall be made available to the public. The State
Council on Developmental Disabilities, in consultation with the
department, shall make a recommendation to the Department of
Finance as to the level of funding for program development to be
included in the Governor’s Budget, based upon this needs
assessment.

(c) Parental fee schedules shall be evaluated pursuant to Section
4784 and adjusted annually, as needed, by the department, with
the approval of the state council. The July 1, 2009, parental fee
adjustment shall be exempt from this approval requirement. Fees
for out-of-home care shall bear an equitable relationship to the
cost of the care and the ability of the family to pay.

(d) In addition to parental fees and General Fund appropriations,
the Program Development Fund may be augmented by federal
funds available to the state for program development purposes,
when these funds are allotted to the Program Development Fund
in the state plan. The Program Development Fund is hereby
appropriated to the department, and subject to any allocations that
may be made in the annual Budget Act. In no event shall any of
these funds revert to the General Fund.

(e) The department may allocate funds from the Program
Development Fund for any legal purpose, provided that requests
for proposals and allocations are approved by the state council in
consultation with the department, and are consistent with the
priorities for program development in the state plan. Allocations
from the Program Development Fund shall take into consideration
the following factors:

(1) The future fiscal impact of the allocations on other state
supported services and supports for persons with developmental
disabilities.

(2)  begin insert (A) end insert begin insert   end insert The information on priority services and supports
needed, but currently unavailable, submitted by the regional
centers.

begin delete

Consistent

end delete

begin insert (B) end insert begin insert   end insert begin insert Consistent end insert with the level of need as determined in the state
plan, excess parental fees may be used for purposes other than
programs specified in subdivision (a) only when specifically
appropriated to the State Department of Developmental Services
for those purposes.

(f) Under no circumstances shall the deposit of federal moneys
into the Program Development Fund be construed as requiring the
State Department of Developmental Services to comply with a
definition of “developmental disabilities” and “services for persons
with developmental disabilities” other than as specified in
subdivisions (a) and (b) of Section 4512 for the purposes of
determining eligibility for developmental services or for allocating
parental fees and state general funds deposited in the Program
Development Fund.

begin insert

begin insert SEC. 50. end insert   

end insert

begin insert Section 4685.8 of the end insert begin insert Welfare and Institutions Code end insert
begin insert is amended to read: end insert

4685.8.  

(a) The department shall implement a statewide
Self-Determination Program. The Self-Determination Program
shall be available in every regional center catchment area to provide
participants and their families, within an individual budget,
increased flexibility and choice, and greater control over decisions,
resources, and needed and desired services and supports to
implement their IPP. The statewide Self-Determination Program
shall be phased in over three years, and during this phase-in period,
shall serve up to 2,500 regional center consumers, inclusive of the
remaining participants in the self-determination pilot projects
authorized pursuant to Section 13 of Chapter 1043 of the Statutes
of 1998, as amended, and Article 4 (commencing with Section
4669.2) of Chapter 5. Following the phase-in period, the program
shall be available on a voluntary basis to all regional center
consumers who are eligible for the Self-Determination Program.
The program shall be available to individuals who reflect the
disability, ethnic, and geographic diversity of the state.

(b) The department in establishing the statewide program shall
do both of the following:

(1) For the first three years of the Self-Determination Program,
determine, as part of the contracting process described in Sections
4620 and 4629, the number of participants each regional center
shall serve in its Self-Determination Program. To ensure that the
program is available on an equitable basis to participants in all
regional center catchment areas, the number of Self-Determination
Program participants in each regional center shall be based on the
relative percentage of total consumers served by the regional
centers minus any remaining participants in the self-determination
pilot projects authorized pursuant to Section 13 of Chapter 1043
of the Statutes of 1998, as amended, and Article 4 (commencing
with Section 4669.2) of Chapter 5 or another equitable basis.

(2) Ensure all of the following:

(A) Oversight of expenditure of self-determined funds and the
achievement of participant outcomes over time.

(B) Increased participant control over which services and
supports best meet their needs and the IPP objectives. A
participant’s unique support system may include the purchase of
existing service offerings from service providers or local
businesses, hiring his or her own support workers, or negotiating
unique service arrangements with local community resources.

(C) Comprehensive person-centered planning, including an
individual budget and services that are outcome based.

(D) Consumer and family training to ensure understanding of
the principles of self-determination, the planning process, and the
management of budgets, services, and staff.

(E) Choice of independent facilitators who can assist with the
person-centered planning process and choice of financial
management services providers vendored by regional centers who
can assist with payments and provide employee-related services.

(F) Innovation that will more effectively allow participants to
achieve their goals.

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

(1) “Financial management services” means services or
functions that assist the participant to manage and direct the
distribution of funds contained in the individual budget, and ensure
that the participant has the financial resources to implement his or
her IPP throughout the year. These may include bill paying services
and activities that facilitate the employment of service and support
workers by the participant, including, but not limited to, fiscal
accounting, tax withholding, compliance with relevant state and
federal employment laws, assisting the participant in verifying
provider qualifications, including criminal background checks,
and expenditure reports. The financial management services
provider shall meet the requirements of Sections 58884, 58886,
and 58887 of Title 17 of the California Code of Regulations and
other specific qualifications established by the department. The
costs of financial management services shall be paid by the
participant out of his or her individual budget, except for the cost
of obtaining the criminal background check specified in subdivision
(w).

(2) “Independent facilitator” means a person, selected and
directed by the participant, who is not otherwise providing services
to the participant pursuant to his or her IPP and is not employed
by a person providing services to the participant. The independent
facilitator may assist the participant in making informed decisions
about the individual budget, and in locating, accessing, and
coordinating services and supports consistent with the participant’s
IPP. He or she is available to assist in identifying immediate and
long-term needs, developing options to meet those needs, leading,
participating, or advocating on behalf of the participant in the
person-centered planning process and development of the IPP, and
obtaining identified services and supports. The cost of the
independent facilitator, if any, shall be paid by the participant out
of his or her individual budget. An independent facilitator shall
receive training in the principles of self-determination, the
person-centered planning process, and the other responsibilities
described in this paragraph at his or her own cost.

(3) “Individual budget” means the amount of regional center
purchase of service funding available to the participant for the
purchase of services and supports necessary to implement the IPP.
The individual budget shall be determined using a fair, equitable,
and transparent methodology.

(4) “IPP” means individual program plan, as described in Section
4646.

(5) “Participant” means an individual, and when appropriate,
his or her parents, legal guardian or conservator, or authorized
representative, who has been deemed eligible for, and has
voluntarily agreed to participate in, the Self-Determination
Program.

(6) “Self-determination” means a voluntary delivery system
consisting of a defined and comprehensive mix of services and
supports, selected and directed by a participant through
person-centered planning, in order to meet the objectives in his or
her IPP. Self-determination services and supports are designed to
assist the participant to achieve personally defined outcomes in
community settings that promote inclusion. The Self-Determination
Program shall only fund services and supports provided pursuant
to this division that the federal Centers for Medicare and Medicaid
Services determines are eligible for federal financial participation.

(d) Participation in the Self-Determination Program is fully
voluntary. A participant may choose to participate in, and may
choose to leave, the Self-Determination Program at any time. A
regional center shall not require or prohibit participation in the
Self-Determination Program as a condition of eligibility for, or
the delivery of, services and supports otherwise available under
this division. Participation in the Self-Determination Program shall
be available to any regional center consumer who meets the
following eligibility requirements:

(1) The participant has a developmental disability, as defined
in Section begin delete 4512 end delete begin insert 4512, end insert and is receiving services pursuant to this
division.

(2) The consumer does not live in a licensed long-term health
care facility, as defined in paragraph (44) of subdivision (a) of
Section 54302 of Title 17 of the California Code of Regulations.
An individual, and when appropriate his or her parent, legal
guardian or conservator, or authorized representative, who is not
eligible to participate in the Self-Determination Program pursuant
to this paragraph may request that the regional center provide
person-centered planning services in order to make arrangements
for transition to the Self-Determination Program, provided that he
or she is reasonably expected to transition to the community within
90 days. In that case, the regional center shall initiate
person-centered planning services within 60 days of that request.

(3) The participant agrees to all of the following terms and
conditions:

(A) The participant shall receive an orientation to the
Self-Determination Program prior to enrollment, which includes
the principles of self-determination, the role of the independent
facilitator and the financial management services provider,
person-centered planning, and development of a budget.

(B) The participant shall utilize the services and supports
available within the Self-Determination Program only when generic
services and supports are not available.

(C) The participant shall only purchase services and supports
necessary to implement his or her IPP and shall comply with any
and all other terms and conditions for participation in the
Self-Determination Program described in this section.

(D) The participant shall manage Self-Determination Program
services and supports within his or her individual budget.

(E) The participant shall utilize the services of a financial
management services provider of his or her own choosing and who
is vendored by a regional center.

(F) The participant may utilize the services of an independent
facilitator of his or her own choosing for the purpose of providing
services and functions as described in paragraph (2) of subdivision
(c). If the participant elects not to use an independent facilitator,
he or she may use his or her regional center service coordinator to
provide the services and functions described in paragraph (2) of
subdivision (c).

(e) A participant who is not Medi-Cal eligible may participate
in the Self-Determination Program and receive self-determination
services and supports if all other program eligibility requirements
are met and the services and supports are otherwise eligible for
federal financial participation.

(f) An individual receiving services and supports under a
self-determination pilot project authorized pursuant to Section 13
of Chapter 1043 of the Statutes of 1998, as amended, or pursuant
to Article 4 (commencing with Section 4669.2) of Chapter 5, may
elect to continue to receive self-determination services and supports
pursuant to this section or the regional center shall provide for the
participant’s transition from the self-determination pilot program
to other services and supports. This transition shall include the
development of a new IPP that reflects the services and supports
necessary to meet the individual’s needs. The regional center shall
ensure that there is no gap in services and supports during the
transition period.

(g) The additional federal financial participation funds generated
by the former participants of the self-determination pilot projects
authorized pursuant to Section 13 of Chapter 1043 of the Statutes
of 1998, as amended, or pursuant to Article 4 (commencing with
Section 4669.2) of Chapter 5, shall be used as follows:

(1) First, to offset the cost to the department for the criminal
background check conducted pursuant to subdivision (w), and
other administrative costs incurred by the department in
implementing the Self-Determination Program.

(2) With the remaining funds, to offset the costs to the regional
centers in implementing the Self-Determination Program,
including, but not limited to, operations costs for caseload ratio
enhancement, training for regional center staff, costs associated
with the participant’s initial person-centered planning meeting,
the development of the participant’s initial individual budget, and
the costs associated with training consumers and family members.

(h) If at any time during participation in the Self-Determination
Program a regional center determines that a participant is no longer
eligible to continue in, or a participant voluntarily chooses to exit,
the Self-Determination Program, the regional center shall provide
for the participant’s transition from the Self-Determination Program
to other services and supports. This transition shall include the
development of a new IPP that reflects the services and supports
necessary to meet the individual’s needs. The regional center shall
ensure that there is no gap in services and supports during the
transition period.

(i) An individual determined to be ineligible for or who
voluntarily exits the Self-Determination Program shall be permitted
to return to the Self-Determination Program upon meeting all
applicable eligibility criteria and upon approval of the participant’s
planning team, as described in subdivision (j) of Section 4512. An
individual who has voluntarily exited the Self-Determination
Program shall not return to the program for at least 12 months.
During the first three years of the program, the individual’s right
to return to the program is conditioned on his or her regional center
not having reached the participant cap imposed by paragraph (1)
of subdivision (b).

(j) An individual who participates in the Self-Determination
Program may elect to continue to receive self-determination
services and supports if he or she transfers to another regional
center catchment area, provided that he or she remains eligible for
the Self-Determination Program pursuant to subdivision (d). The
balance of the participant’s individual budget shall be reallocated
to the regional center to which he or she transfers.

(k) The IPP team shall utilize the person-centered planning
process to develop the IPP for a participant. The IPP shall detail
the goals and objectives of the participant that are to be met through
the purchase of participant-selected services and supports. The
IPP team shall determine the individual budget to ensure the budget
assists the participant to achieve the outcomes set forth in his or
her IPP and ensures his or her health and safety. The completed
individual budget shall be attached to the IPP.

(l) The participant shall implement his or her IPP, including
choosing and purchasing the services and supports allowable under
this section necessary to implement the plan. A participant is
exempt from the cost control restrictions regarding the purchases
of services and supports pursuant to Sections 4648.5 and 4686.5.
A regional center shall not prohibit the purchase of any service or
support that is otherwise allowable under this section.

(m) A participant shall have all the rights established in Sections
4646 to 4646.6, inclusive, and Chapter 7 (commencing with Section
4700).

(n) (1) Except as provided in paragraph (4), the IPP team shall
determine the initial and any revised individual budget for the
participant using the following methodology:

(A) (i) Except as specified in clause (ii), for a participant who
is a current consumer of the regional center, his or her individual
budget shall be the total amount of the most recently available 12
months of purchase of service expenditures for the participant.

(ii) An adjustment may be made to the amount specified in
clause (i) if both of the following occur:

(I) The IPP team determines that an adjustment to this amount
is necessary due to a change in the participant’s circumstances,
needs, or resources that would result in an increase or decrease in
purchase of service expenditures, or the IPP team identifies prior
needs or resources that were unaddressed in the IPP, which would
have resulted in an increase or decrease in purchase of service
expenditures.

(II) The regional center certifies on the individual budget
document that regional center expenditures for the individual
budget, including any adjustment, would have occurred regardless
of the individual’s participation in the Self-Determination Program.

(iii) For purposes of clauses (i) and (ii), the amount of the
individual budget shall not be increased to cover the cost of the
independent facilitator or the financial management services.

(B) For a participant who is either newly eligible for regional
center services or who does not have 12 months of purchase service
expenditures, his or her individual budget shall be calculated as
follows:

(i) The IPP team shall identify the services and supports needed
by the participant and available resources, as required by Section
4646.

(ii) The regional center shall calculate the cost of providing the
services and supports to be purchased by the regional center by
using the average cost paid by the regional center for each service
or support unless the regional center determines that the consumer
has a unique need that requires a higher or lower cost. The regional
center shall certify on the individual budget document that this
amount would have been expended using regional center purchase
of service funds regardless of the individual’s participation in the
Self-Determination Program.

(iii) For purposes of clauses (i) and (ii), the amount of the
individual budget shall not be increased to cover the cost of the
independent facilitator or the financial management services.

(2) The amount of the individual budget shall be available to
the participant each year for the purchase of program services and
supports. An individual budget shall be calculated no more than
once in a 12-month period, unless revised to reflect a change in
circumstances, needs, or resources of the participant using the
process specified in clause (ii) of subparagraph (A) of paragraph
(1).

(3) The individual budget shall be assigned to uniform budget
categories developed by the department in consultation with
stakeholders and distributed according to the timing of the
anticipated expenditures in the IPP and in a manner that ensures
that the participant has the financial resources to implement his or
her IPP throughout the year.

(4) The department, in consultation with stakeholders, may
develop alternative methodologies for individual budgets that are
computed in a fair, transparent, and equitable manner and are based
on consumer characteristics and needs, and that include a method
for adjusting individual budgets to address a participant’s change
in circumstances or needs.

(o) Annually, participants may transfer up to 10 percent of the
funds originally distributed to any budget category set forth in
paragraph (3) of subdivision (n) to another budget category or
categories. Transfers in excess of 10 percent of the original amount
allocated to any budget category may be made upon the approval
of the regional center or the participant’s IPP team.

(p) Consistent with the implementation date of the IPP, the IPP
team shall annually ascertain from the participant whether there
are any circumstances or needs that require a change to the annual
individual budget. Based on that review, the IPP team shall
calculate a new individual budget consistent with the methodology
identified in subdivision (n).

(q) (1) On or before December 31, 2014, the department shall
apply for federal Medicaid funding for the Self-Determination
Program by doing one or more of the following:

(A) Applying for a state plan amendment.

(B) Applying for an amendment to a current home- and
community-based waiver for individuals with developmental
disabilities.

(C) Applying for a new waiver.

(D) Seeking to maximize federal financial participation through
other means.

(2) To the extent feasible, the state plan amendment, waiver, or
other federal request described in paragraph (1) shall incorporate
the eligibility requirements, benefits, and operational requirements
set forth in this section. Except for the provisions of subdivisions
(k), (m), (p), and this subdivision, the department may modify
eligibility requirements, benefits, and operational requirements as
needed to secure approval of federal funding.

(3) Contingent upon approval of federal funding, the
Self-Determination Program shall be established.

(r) (1) The department, as it determines necessary, may adopt
regulations to implement the procedures set forth in this section.
Any regulations shall be adopted in accordance with the
requirements of Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code.

(2) Notwithstanding paragraph (1) and Chapter 3.5 (commencing
with Section 11340) of Part 1 of Division 3 of Title 2 of the
Government Code, and only to the extent that all necessary federal
approvals are obtained, the department, without taking any further
regulatory action, shall implement, interpret, or make specific this
section by means of program directives or similar instructions until
the time regulations are adopted. It is the intent of the Legislature
that the department be allowed this temporary authority as
necessary to implement program changes only until completion
of the regulatory process.

(s) The department, in consultation with stakeholders, shall
develop informational materials about the Self-Determination
Program. The department shall ensure that regional centers are
trained in the principles of self-determination, the mechanics of
the Self-Determination Program, and the rights of consumers and
families as candidates for, and participants in, the
Self-Determination Program.

(t) Each regional center shall be responsible for implementing
the Self-Determination Program as a term of its contract under
Section 4629. As part of implementing the program, the regional
center shall do both of the following:

(1) Contract with local consumer or family-run organizations
to conduct outreach through local meetings or forums to consumers
and their families to provide information about the
Self-Determination Program and to help ensure that the program
is available to a diverse group of participants, with special outreach
to underserved communities.

(2) Collaborate with the local consumer or family-run
organizations identified in paragraph (1) to jointly conduct training
about the Self-Determination Program.

(u) The financial management services provider shall provide
the participant and the regional center service coordinator with a
monthly individual budget statement that describes the amount of
funds allocated by budget category, the amount spent in the
previous 30-day period, and the amount of funding that remains
available under the participant’s individual budget.

(v) Only the financial management services provider is required
to apply for vendorization in accordance with Subchapter 2
(commencing with Section 54300) of Chapter 3 of begin insert Division 2 of end insert
Title 17 of the California Code of Regulations, for the
Self-Determination Program. All other service and support
providers shall not be on the federal debarment list and shall have
applicable state licenses, certifications, or other state required
documentation, including documentation of any other qualifications
required by the department, but are exempt from the vendorization
requirements set forth in Title 17 of the California Code of
Regulations when serving participants in the Self-Determination
Program.

(w) To protect the health and safety of participants in the
Self-Determination Program, the department shall require a
criminal background check in accordance with all of the following:

(1) The department shall issue a program directive that identifies
nonvendored providers of services and supports who shall obtain
a criminal background check pursuant to this subdivision. At a
begin delete minimum end delete begin insert minimum, end insert these staff shall include both of the following:

(A) Individuals who provide direct personal care services to a
participant.

(B) Other nonvendored providers of services and supports for
whom a criminal background check is requested by a participant
or the participant’s financial management service.

(2) Subject to the procedures and requirements of this
subdivision, the department shall administer criminal background
checks consistent with the department’s authority and the process
described in Sections 4689.2 to 4689.6, inclusive.

(3) The department shall electronically submit to the Department
of Justice fingerprint images and related information required by
the Department of Justice of nonvendored providers of services
and supports, as specified in paragraph (1), for the purposes of
obtaining information as to the existence and content of a record
of state or federal convictions and state or federal arrests and also
information as to the existence and content of a record of state or
federal arrests for which the Department of Justice establishes that
the person is free on bail or on his or her recognizance pending
trial or appeal.

(4) When received, the Department of Justice shall forward to
the Federal Bureau of Investigation requests for federal summary
criminal history information received pursuant to this section. The
Department of Justice shall review the information returned from
the Federal Bureau of Investigation and compile and disseminate
a response to the department.

(5) The Department of Justice shall provide a state or federal
response to the department pursuant to paragraph (1) of subdivision
(p) of Section 11105 of the Penal Code.

(6) The department shall request from the Department of Justice
subsequent notification service, as provided pursuant to Section
11105.2 of the Penal Code, for persons described in paragraph (1).

(7) The Department of Justice shall charge a fee sufficient to
cover the cost of processing the request described in this
subdivision.

(8) The fingerprints of any provider of services and supports
who is required to obtain a criminal background check shall be
submitted to the Department of Justice prior to employment. The
costs of the fingerprints and the financial management service’s
administrative cost authorized by the department shall be paid by
the services and supports provider or his or her employing agency.
Any administrative costs incurred by the department pursuant to
this subdivision shall be offset by the funds specified in subdivision
(g).

(9) If the criminal record information report shows a criminal
history, the department shall take the steps specified in Section
4689.2. The department may prohibit a provider of services and
supports from becoming employed, or continuing to be employed,
based on the criminal background check, as authorized in Section
4689.6. The provider of services and supports who has been denied
employment shall have the rights set forth in Section 4689.6.

(10) The department may utilize a current department-issued
criminal record clearance to enable a provider to serve more than
one participant, as long as the criminal record clearance has been
processed through the department and no subsequent arrest
notifications have been received relative to the cleared applicant.

(11) Consistent with subdivision (h) of Section 4689.2, the
participant or financial management service that denies or
terminates employment based on written notification from the
department shall not incur civil liability or unemployment insurance
liability.

(x) To ensure the effective implementation of the
Self-Determination Program and facilitate the sharing of best
practices and training materials commencing with the
implementation of the Self-Determination Program, local and
statewide advisory committees shall be established as follows:

(1) Each regional center shall establish a local volunteer advisory
committee to provide oversight of the Self-Determination Program.
The regional center and the begin delete area board end delete begin insert State Council on
Developmental Disabilities end insert shall each appoint one-half of the
membership of the committee. The committee shall consist of the
regional center clients’ rights advocate, consumers, family
members, and other advocates, and community leaders. A majority
of the committee shall be consumers and their family members.
The committee shall reflect the multicultural diversity and
geographic profile of the catchment area. The committee shall
review the development and ongoing progress of the
Self-Determination Program, including whether the program
advances the principles of self-determination and is operating
consistent with the requirements of this section, and may make
ongoing recommendations for improvement to the regional center
and the department.

(2) The State Council on Developmental Disabilities shall form
a volunteer committee, to be known as the Statewide
Self-Determination Advisory Committee, comprised of the chairs
of the 21 local advisory committees or their designees. The council
shall convene the Statewide Self-Determination Advisory
Committee twice annually, or more frequently in the sole discretion
of the council. The Statewide Self-Determination Advisory
Committee shall meet by teleconference or other means established
by the council, to identify self-determination best practices,
effective consumer and family training materials, implementation
concerns, systemic issues, ways to enhance the program, and
recommendations regarding the most effective method for
participants to learn of individuals who are available to provide
services and supports. The council shall synthesize information
received from the Statewide Self-Determination Advisory
Committee, local advisory committees, and other sources, shall
share the information with consumers, families, regional centers,
and the department, and shall make recommendations, as
appropriate, to increase the program’s effectiveness in furthering
the principles of self-determination.

(y) Commencing January 10, 2017, the department shall
annually provide the following information to the appropriate
policy and fiscal committees of the Legislature:

(1) Number and characteristics of participants, by regional
center.

(2) Types and amount of services and supports purchased under
the Self-Determination Program, by regional center.

(3) Range and average of individual budgets, by regional center,
including adjustments to the budget to address the adjustments
permitted in clause (ii) of subparagraph (A) of paragraph (1) of
subdivision (n).

(4) The number and outcome of appeals concerning individual
budgets, by regional center.

(5) The number and outcome of fair hearing appeals, by regional
center.

(6) The number of participants who voluntarily withdraw from
the Self-Determination Program and a summary of the reasons
why, by regional center.

(7) The number of participants who are subsequently determined
to no longer be eligible for the Self-Determination Program and a
summary of the reasons why, by regional center.

(z) (1) The State Council on Developmental Disabilities, in
collaboration with the protection and advocacy agency identified
in Section 4900 and the federally funded University Centers for
Excellence in Developmental Disabilities Education, Research,
and Service, may work with regional centers to survey participants
regarding participant satisfaction under the Self-Determination
Program, and, when data is available, the traditional service
delivery system, including the proportion of participants who report
that their choices and decisions are respected and supported and
who report that they are able to recruit and hire qualified service
providers, and to identify barriers to participation and
recommendations for improvement.

(2) The council, in collaboration with the protection and
advocacy agency identified in Section 4900 and the federally
funded University Centers for Excellence in Developmental
Disabilities Education, Research, and Service, shall issue a report
to the Legislature, in compliance with Section 9795 of the
Government Code, no later than three years following the approval
of the federal funding on the status of the Self-Determination
Program authorized by this section, and provide recommendations
to enhance the effectiveness of the program. This review shall
include the program’s effectiveness in furthering the principles of
self-determination, including all of the following:

(A) Freedom, which includes the ability of adults with
developmental disabilities to exercise the same rights as all citizens;
to establish, with freely chosen supporters, family and friends,
where they want to live, with whom they want to live, how their
time will be occupied, and who supports them; and, for families,
to have the freedom to receive unbiased assistance of their own
choosing when developing a plan and to select all personnel and
supports to further the life goals of a minor child.

(B) Authority, which includes the ability of a person with a
disability, or family, to control a certain sum of dollars in order to
purchase services and supports of their choosing.

(C) Support, which includes the ability to arrange resources and
personnel, both formal and informal, that will assist a person with
a disability to live a life in his or her community that is rich in
community participation and contributions.

(D) Responsibility, which includes the ability of participants to
take responsibility for decisions in their own lives and to be
accountable for the use of public dollars, and to accept a valued
role in their community through, for example, competitive
employment, organizational affiliations, spiritual development,
and general caring of others in their community.

(E) Confirmation, which includes confirmation of the critical
role of participants and their families in making decisions in their
own lives and designing and operating the system that they rely
on.

begin insert

begin insert SEC. 51. end insert   

end insert

begin insert Section 4701 of the end insert begin insert Welfare and Institutions Code end insert begin insert is
amended to read: end insert

4701.  

“Adequate notice” means a written notice informing the
applicant, recipient, and authorized representative of at least all of
the following:

(a) The action that the service agency proposes to take, including
a statement of the basic facts upon which the service agency is
relying.

(b) The reason or reasons for that action.

(c) The effective date of that action.

(d) The specific law, regulation, or policy supporting the action.

(e) The responsible state agency with whom a state appeal may
be filed, including the address of the state agency director.

(f) That if a fair hearing is requested, the claimant has the
following rights:

(1) The opportunity to be present in all proceedings and to
present written and oral evidence.

(2) The opportunity to confront and cross-examine witnesses.

(3) The right to appear in person with counsel or other
representatives of his or her own choosing.

(4) The right to access to records pursuant to Article 5
(commencing with Section 4725).

(5) The right to an interpreter.

(g) Information on availability of advocacy assistance, including
referral to the developmental center or regional center clients’
rights advocate, begin delete area board, end delete begin insert the State Council on Developmental
Disabilities, end insert publicly funded legal services corporations, and other
publicly or privately funded advocacy organizations, including the
protection and advocacy system required under federal Public Law
95-602, the Developmental Disabilities Assistance and Bill of
Rights Act (42 U.S.C.A. Sec. 6000 et seq.).

(h) The fair hearing procedure, including deadlines, access to
service agency records under Article 5 (commencing with Section
4725), the opportunity to request an informal meeting to resolve
the issue or issues, and the opportunity to request mediation which
shall be voluntary for both the claimant and the service agency.

(i) If the claimant has requested an informal meeting,
information that it shall be held within 10 days of the date the
hearing request form is received by the service agency.

(j) The option of requesting mediation prior to a fair hearing,
as provided in Section 4711.5. begin delete Nothing in this end delete begin insert This end insert section shall
begin insert not end insert preclude the claimant or his or her authorized representative
from proceeding directly to a fair hearing in the event that
mediation is unsuccessful.

(k) The fair hearing shall be completed and a final administrative
decision rendered within 90 days of the date the hearing request
form is received by the service agency, unless the fair hearing
request has been withdrawn or the time period has been extended
in accordance with this chapter.

(l) Prior to a voluntary informal meeting, voluntary mediation
or a fair hearing, the claimant or his or her authorized representative
shall have the right to examine any or all documents contained in
the individual’s service agency file. Access to records shall be
provided pursuant to Article 5 (commencing with Section 4725).

(m) An explanation that a request for mediation may constitute
a waiver of the rights of a medicaid home and community-based
waiver participant to receive a fair hearing decision within 90 days
of the date the hearing request form is received by the service
agency, as specified in subdivision (c) of Section 4711.5.

(n) That if a request for a fair hearing by a recipient is
postmarked or received by a service agency no later than 10 days
after receipt of the notice of the proposed action mailed pursuant
to subdivision (a) of Section 4710, current services shall continue
as provided in Section 4715. The notice shall be in clear,
nontechnical language in English. If the claimant or authorized
representative does not comprehend English, the notice shall be
provided in begin delete such end delete begin insert any end insert other language as the claimant or authorized
representative comprehends.

(o) A statement indicating whether the recipient is a participant
in the home and community-based services waiver.

begin insert

begin insert SEC. 52. end insert   

end insert

begin insert Section 4702.6 of the end insert begin insert Welfare and Institutions Code end insert
begin insert is amended to read: end insert

4702.6.  

“Hearing request form” means a document that shall
include the name, address, and birth date of the claimant, date of
request, reason for the request, and name, address, and relationship
to the claimant of the authorized representative, if any, and whether
the claimant is a participant in the medicaid home and
community-based waiver. The hearing request form shall also
indicate whether the claimant or his or her authorized representative
is requesting mediation. A copy of the appointment of the
authorized representative, by the claimant or the begin delete area board end delete begin insert State
Council on Developmental Disabilities end insert if any, shall also be
included.

begin insert

begin insert SEC. 53. end insert   

end insert

begin insert Section 4705 of the end insert begin insert Welfare and Institutions Code end insert begin insert is
amended to read: end insert

4705.  

(a)  begin insert (1) end insert begin insert   end insert Every service agency shall, as a condition of
continued receipt of state funds, have an agency fair hearing
procedure for resolving conflicts between the service agency and
recipients of, or applicants for, service. The State Department of
Developmental Services shall promulgate regulations to implement
this chapter by July 1, 1999, which shall be binding on every
service agency.

begin delete

Any

end delete

begin insert (2) end insert begin insert   end insert begin insert Any end insert public or private agency receiving state funds for the
purpose of serving persons with developmental disabilities not
otherwise subject to the provisions of this chapter shall, as a
condition of continued receipt of state funds, adopt and periodically
review a written internal grievance procedure.

(b) An agency that employs a fair hearing procedure mandated
by any other statute shall be considered to have an approved
procedure for purposes of this chapter.

(c) The service agency’s mediation and fair hearing procedure
shall be stated in writing, in English and any other language that
may be appropriate to the needs of the consumers of the agency’s
service. A copy of the procedure and a copy of the provisions of
this chapter shall be prominently displayed on the premises of the
service agency.

(d) All recipients and applicants, and persons having legal
responsibility for recipients or applicants, shall be informed
verbally of, and shall be notified in writing in a language which
they comprehend of, the service agency’s mediation and fair
hearing procedure when they apply for service, when they are
denied service, when notice of service modification is given
pursuant to Section 4710, and upon request.

(e) If, in the opinion of any person, the rights or interests of a
claimant who has not personally authorized a representative will
not be properly protected or advocated, the begin delete local area board end delete begin insert State
Council on Developmental Disabilities end insert and the clients’ right
advocate assigned to the regional center or developmental center
shall be notified, and the begin delete area board end delete begin insert State Council on
Developmental Disabilities end insert may appoint a person or agency as
representative, pursuant to begin delete subdivision (d) of Section 4548, end delete
begin insert subparagraph (A) of paragraph (2) of subdivision (e) of Section
4540, end insert to assist the claimant in the mediation and fair hearing
procedure. The appointment shall be in writing to the authorized
representative and a copy of the appointment shall be immediately
mailed to the service agency director.

begin insert

begin insert SEC. 54. end insert   

end insert

begin insert Section 4775 of the end insert begin insert Welfare and Institutions Code end insert begin insert is
amended to read: end insert

4775.  

The Legislature finds that the method of appropriating
funds for numerous programs for the developmentally disabled
affects the availability and distribution of services and must be
related to statewide planning. Therefore, the process for
determining levels of funding of programs must involve
consideration of the state plan established pursuant to Chapter 3
(commencing with Section begin delete 4560) end delete begin insert 4561) end insert of this division and the
participation of citizens who may be directly affected by funding
decisions.

begin insert

begin insert SEC. 55. end insert   

end insert

begin insert Section 4830 of the end insert begin insert Welfare and Institutions Code end insert begin insert is
amended to read: end insert

4830.  

As used in this chapter:

(a) “Continuum” means a coordinated multicomponent services
system within the geographic borders of each of the begin delete 13 area boards
on developmental disabilities end delete begin insert regional offices of the State Council
on Developmental Disabilities end insert whose design shall support the
sequential developmental needs of persons begin delete such end delete begin insert so end insert that the pattern
of these services provides an unbroken chain of experience,
maximum personal growth and liberty.

(b) “Normalization” means making available programs, methods,
and titles begin delete which end delete begin insert that end insert are culturally normative, and patterns and
conditions of everyday life begin delete which end delete begin insert that end insert are as close as possible to
the norms and patterns of the mainstream of society.

(c) “Designated agency” means the legal entity selected by the
begin insert State end insert Department of Developmental Services to be responsible for
organizing or providing services within each continuum or both.

begin insert

begin insert SEC. 56. end insert   

end insert

begin insert Section 4831 of the end insert begin insert Welfare and Institutions Code end insert begin insert is
amended to read: end insert

4831.  

The State Department of Developmental Services may
develop the design and phase-in plan for continuums and may
designate one or more designated agencies to implement
community living continuums throughout the state, after
consideration of a recommendation from the begin delete respective area board
on developmental disabilities end delete begin insert State Council on Developmental
Disabilities end insert in conjunction with recommendations from the
appropriate regional center.

begin insert

begin insert SEC. 57. end insert   

end insert

begin insert Section 4832 of the end insert begin insert Welfare and Institutions Code end insert begin insert is
amended to read: end insert

4832.  

begin delete An area board end delete begin insert (a) end insert begin insert   end insert begin insert The State Council on Developmental
Disabilities end insert may review and evaluate existing and proposed
community living arrangement programs within begin delete their jurisdiction end delete
begin insert the various regions of the state end insert and may make a recommendation
to the Director of begin delete the Department of end delete Developmental Services
concerning programs begin delete which end delete begin insert that end insert should be considered as the most
appropriate agency to be designated as responsible for the
implementation of the community living continuum within their
area. These programs shall include, but not be limited to, those
begin delete which end delete begin insert that end insert have been funded through the issuance of Mental
Retardation Private Institutions’ Fund grants, Developmental
Disability Community Development grants, and model state
hospital programs. Consideration shall be given to all of the
following:

begin delete

(a)

end delete

begin insert (1) end insert  Private nonprofit corporations.

begin delete

(b)

end delete

begin insert (2) end insert  Public agencies.

begin delete

(c)

end delete

begin insert (3) end insert  A joint powers agreement agency.

begin delete

At

end delete

begin insert (b) end insert begin insert   end insert begin insert At end insert least one-third of the board of directors, public or private
or an advisory committee in the event a public agency is selected,
shall be composed of consumer representatives, including members
of the immediate family of the consumer.

begin delete

No

end delete

begin insert (c) end insert begin insert   end insert begin insert A end insert person shall begin insert not end insert serve as a director or advisory committee
member who has a financial interest, as defined in Section 87103
of the Government Code, in designated agency operations, except
with respect to any interest as a consumer of a designated agency
or regional center services.

begin insert

begin insert SEC. 58. end insert   

end insert

begin insert Section 4835 of the end insert begin insert Welfare and Institutions Code end insert begin insert is
amended to read: end insert

4835.  

begin insert (a) end insert begin insert   end insert The Director of Developmental Services may
establish uniform operational procedures, performance and
evaluation standards and utilization criteria for designated agencies
pursuant to this chapter.

begin delete

These

end delete

begin insert (b) end insert begin insert   end insert begin insert These end insert standards and criteria shall be developed with
participation by consumer organizations, begin delete area boards on
developmental disabilities, end delete begin insert the State Council on Developmental
Disabilities, end insert the Association of Regional Center Agencies, the
State Department of Social Services, the State Department of
Health Care Services, the State Department of Education, and the
Department of Rehabilitation, and consultations with individuals
with experience in developmental services programming.