BILL ANALYSIS �
AB 1595
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Date of Hearing: April 29, 2014
ASSEMBLY COMMITTEE ON HUMAN SERVICES
Mark Stone, Chair
AB 1595 (Chesbro) - As Amended: April 21, 2014
SUBJECT : State Council on Developmental Disabilities
SUMMARY : Brings state statute with respect to the structure,
function, and responsibilities of the State Council on
Developmental Disabilities (SCDD) into conformity with the
requirements set forth in the federal Developmental Disabilities
Assistance and Bill of Rights Act of 2000 (DD Act).
Specifically, this bill :
1)Declares the following legislative findings:
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; and
b) The SCDD is funded through an appropriation governed by
the federal DD Act.
1)Restructures the SCDD (also referred to as State Council
hereinafter) in the following ways:
a) Deletes all references to local area boards on
developmental disabilities and instead requires the SCDD to
establish, maintain, and operate regional offices to ensure
the State Council is accessible and responsive to the
diverse geographic, racial, ethnic, and language needs of
persons with developmental disabilities and their families
throughout California;
b) Provides that, as of January 1, 2015, the regional
offices of the State Council in existence on December 31,
2014, shall continue to exist and remain within the same
geographic regions of the state. Deletes the involvement
of the Legislature and the Governor in establishing the
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number and boundaries of regional offices, and instead
requires the SCDD to determine the number and location of
its regional offices moving forward, and to inform the
Governor and the Legislature at least 120 days before
implementing any changes in the number or boundaries of
regional offices;
c) Provides that the area boards on developmental
disabilities in existence on December 31, 2014, shall
become State Council regional advisory committees as of
January 1, 2015, to advise the SCDD regional office and
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 SCDD and its regional offices to the
geographic, ethnic, and language diversity of the state;
d) Requires the State Council to establish procedures for
recruiting and appointing the membership of the regional
advisory committees, and establishes duties and
requirements for the composition of the committees,
including that the membership of the committees reflects
the diversity of the local region, as specified, and that
at least 60% of each committee be persons with
developmental disabilities or their parents, immediate
relatives, guardians, or conservators;
e) Requires the State Council regional advisory committees
to advise the State Council and its correlating regional
office on local issues and identify and provide input
regarding local systemic needs within the community, as
specified;
f) Deletes the requirement that the Governor appoint the 31
voting members of the SCDD from a pool of individuals
nominated by the local area boards, and instead grants the
Governor the authority to appoint members from among the
residents of the state after consulting with the current
members of the SCDD and considering recommendations from
persons and organizations representing persons with
developmental disabilities, as specified;
g) Deletes the requirement that the Governor appoint seven
at-large members of the SCDD and instead requires that 20
of the 31 voting members be non-agency members who reflect
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the socioeconomic, geographic, disability, racial, ethnic,
and language diversity of the state and include the
following:
i) At least seven persons with developmental
disabilities;
ii) At least seven who are parents, immediate relatives,
guardians, or conservators of a person with a
developmental disability;
iii) At least one member from each of the geographic
areas of the regional offices established by the SCDD to
serve as a liaison of the SCDD to the local regional
constituency and the SCDD regional advisory committee of
the region; and
iv) At least one person with a developmental disability
who is a current or former resident of an institution or
his or her immediate relative, guardian, or conservator.
h) Provides that SCDD terms are for three years, and that a
term begins on the date of appointment by the Governor, and
a member can serve no more than two terms;
i) Deletes the prohibition on an appointee serving on the
SCDD for more than six years regardless of the possibility
of a vacancy, and instead adds a requirement that the State
Council notify the Governor, in writing, immediately when a
vacancy occurs prior to the expiration of a member's term,
and at least six months before a member's term expires;
j) Provides that, in accordance with federal law, the
California Health and Human Services Agency shall be the
designated state agency for support to the State Council;
aa) Requires the State Council chairperson, with the
concurrence of a majority of the State Council, to appoint
an executive director of the State Council, and requires
the executive director to hire a director for each regional
office and any State Council employees. Provides that the
executive director and any deputy directors of the State
Council are exempt from civil service; and
bb) Provides that positions held on December 31, 2014 shall
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be maintained for each deputy director and other State
Council staff persons appointed by the Governor and
employed by the state, as specified;
1)Changes and clarifies the functions and responsibilities of
the SCDD in the following ways:
a) Provides that the State Council, with authority
independent of any single state service agency, is created
to conduct advocacy, capacity building, and systemic change
activities, as required by the federal DD Act, including
encouraging and assisting in the establishment or
strengthening of self-advocacy organizations led by
individuals with developmental disabilities and other
activities to identify, engage, and help improve the lives
of persons with developmental disabilities, as specified;
b) Authorizes the Department of Developmental Services to
contract directly with the SCDD for the purpose of
providing clients' rights advocacy services for individuals
with developmental disabilities who reside in developmental
centers and deletes the requirement that area boards
maintain local discretion in the provision of such advocacy
services;
c) Grants the State Council full authority on how it uses
its funds for implementation of the state plan on
developmental disabilities, as specified, to the extent
provided for in the federal DD Act;
d) Requires the State Council to be the sole entity
responsible for conducting activities necessary to develop
and implement the state plan on developmental disabilities
in the various regions of the state, and requires the state
plan and its implementation to be responsive to the needs
of the state's diverse communities, as specified; and
e) Requires the State Council to prepare the state plan
utilizing information provided by the regional offices and
regional advisory committees of the State Council and other
stakeholders, as specified, to help identify and prioritize
actions needed to improve California's system of services
and supports for persons with developmental disabilities.
1)Deletes all references to area boards and instead inserts the
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SCDD to provide consistency and conformity with the
requirements of the federal DD Act throughout other sections
of the Lanterman Act for persons with developmental
disabilities.
EXISTING LAW
1)Establishes an entitlement to services for individuals with
developmental disabilities under the Lanterman Developmental
Disabilities Services Act (Lanterman Act). (WIC 4500 et seq.)
2)Grants all individuals with developmental disabilities, among
all other rights and responsibilities established for any
individual by the United States Constitution and laws and the
California Constitution and laws, the right to treatment and
habilitation services and supports in the least restrictive
environment. (WIC 4502)
3)Establishes, in federal law, the Developmental Disabilities
Assistance and Bill of Rights Act of 2000, which includes
authority for the development and federal funding of state
councils on developmental disabilities to engage in advocacy,
capacity building, and systemic change activities, as
specified, with the purpose of assuring that individuals with
developmental disabilities and their families participate in
the design of and have access to needed community services,
individualized supports, and other forms of assistance that
promote self-determination, independence, productivity, and
integration and inclusion in all facets of community life,
through culturally competent programs. (42 U.S.C. 15001 et
seq.)
4)Establishes, in state law, the State Council on Developmental
Disabilities for the purpose of planning and coordinating the
state's resources to ensure the legal, civil, and service
rights of people with developmental disabilities are upheld
and not denied. (WIC 4520 (a))
5)Establishes local area boards on developmental disabilities to
conduct the local advocacy, capacity building, and systemic
change activities required by the federal DD Act and in
response to the unique challenges the state faces in ensuring
the legal, civil, and service rights of persons with
developmental disabilities as a result of the state's size and
diversity. (WIC 4520 (b), WIC 4543 et seq.)
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6)States the intent of the Legislature that all statutes
pertaining to the establishment and duties of the State
Council and area boards, secure full compliance with the
federal DD Act, 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. (WIC
4520 (c))
7)Requires the Governor to appoint the 31 voting members of the
State Council and restricts the persons eligible for
consideration of a gubernatorial appointment to those
individuals nominated by the area board to serve as a council
member. (WIC 4521)
8)Requires the State Council to prepare a California
Developmental Disabilities State Plan, at least once every
five years, as specified, for the purpose of integrating all
relevant state planning and budgeting pertaining to persons
with developmental disabilities. (WIC 4561)
FISCAL EFFECT : Unknown
COMMENTS : This bill seeks to ensure that state statute
pertaining to the State Council on Developmental Disabilities
conforms to federal requirements set forth in the Developmental
Disabilities Assistance and Bill of Rights Act of 2000 for
purposes of maintaining federal funding and ensuring the
activities of the State Council fulfil the objectives of the
federal DD Act.
Background : The DD Act authorizes grants for State Councils on
Developmental Disabilities, State Protection and Advocacy
organizations, and the University Centers for Excellence in
Developmental Disabilities Education, Research and Services
(UCEDDs), with the purpose of increasing the independence,
productivity, self-determination, and inclusion and integration
of individuals with developmental disabilities into their
communities.
The Lanterman Act guides the provision of services and supports
for Californians with developmental disabilities. Each
individual under the Act, typically referred to as a "consumer,"
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is legally entitled to treatment and habilitation services and
supports in the least restrictive environment. Lanterman Act
services are designed to enable all consumers to live more
independent and productive lives in the community. The
structure and functions of California's State Council on
Developmental Disabilities also rest within the state's
Lanterman Act. Pursuant to federal law, and as required for
purposes of receiving federal funding, the State Council
advocates for the rights of people with intellectual and
developmental disabilities and promotes policies and practices
that help people achieve self-determination, independence,
productivity and inclusion in all aspects of community life.
California's area boards on developmental disabilities were
established with the mission of advocating for and protecting
the rights of individuals with developmental disabilities and to
ensure that the supports and services provided to them increase
independence, inclusion, productivity, and self-determination to
the maximum extent possible. Under California's current State
Council structure, the area boards are provided federal dollars
to carry out activities pertaining to the State Council,
including local monitoring and tracking of the needs of people
with developmental disabilities within discrete regions of the
state. Area boards help connect people with developmental
disabilities and their families to needed services and supports,
work toward improving the available services and supports, and,
overall, help individuals with developmental disabilities become
a part of their community through encouraging and assisting
self-advocacy, as well as educating the public on the importance
of full inclusion of people with developmental disabilities in
the community. The State Council currently has 13 area boards.
History of federal compliance issues : The federal
Administration on Intellectual Disabilities (AIDD) is
responsible for administering the federal DD Act, which includes
monitoring and ensuring the appropriate use of grant dollars
provided to states for their state councils on developmental
disabilities. Through its Monitoring and Technical Assistance
Review System (MTARS), the AIDD conducted a comprehensive,
on-site monitoring visit in 2013 to assess whether California's
State Council had corrected historic DD Act compliance issues
and concerns raised in a 1994 Program Administrative Review,
2001 guidance, and a 2006 MTARS on-site monitoring visit
conducted by the AIDD. Although the 2001 guidance resulted in
state legislation to bring the relationship between the State
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Council and the area boards into compliance with the federal DD
Act, the 2006 and 2013 MTARS visits revealed continued
inconsistencies between the Lanterman Act and federal DD Act
requirements. As a result, the AIDD has restricted the State
Council's access to DD Act funds as of November 22, 2013, until
California demonstrates that it will come into compliance with
the federal law that funds the State Council.
The compliance issues identified in the 2013 MTARS included: the
hiring of State Council staff by the Director rather than
appointment by the Governor; the term limits, demographic
requirements, and appointment authority of the Governor related
to the State Council members; the State Council's autonomy with
respect to the development and implementation of the
developmental disabilities state plan; and the role of the area
boards in implementing different components of the state plan
differently throughout the state. The overarching provisions of
state law that have resulted in these compliance issues are
related to state interference and inappropriately broad
authority of the area boards, resulting in the State Council's
lack of control with respect to establishing leadership and
developing and implementing the state plan. The AIDD's 2013
MTAR Report includes that, "AIDD continues to have significant
concerns and questions about the Council's autonomy from state
interference and it's federally mandated role as the leader in
the state and primary driver of state wide systems change,
advocacy, and capacity building."
Need for this bill : As a result of some of the SCDD provisions
of the Lanterman Act being out of compliance with the federal DD
Act, the AIDD is currently providing the State Council funding
on a restricted reimbursement basis, resulting in basic funding
challenges for the local area boards. With this bill, the
author seeks to ensure the State Council's structure and
responsibilities are clearly aligned with federal requirements,
and bring the State Council into good standing with the AIDD in
order to regain unrestricted access to the federal funds
necessary to carry out the State Council's statewide and local
duties.
Expressing the vital role the State Council plays in the lives
of people with developmental disabilities, the author states:
"Among their statutory responsibilities, the Council identifies
system needs, provides outreach to underserved communities,
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provides training to consumers, families, and professionals,
promotes interagency collaboration, identifies barriers to
inclusion, and disseminates information on rights, policy, and
best practices throughout the state. The Council is given a
leadership role by the Lanterman Act on the employment of people
with developmental disabilities, responsibilities on
implementation of the Employment First Policy, and oversight of
the new Self-Determination program. They have also provided
leadership in developing and supporting self-advocacy
organizations throughout California and at the state level,
furthering employment and self-determination, public policy in
general, and advocacy, training, and systems coordination
throughout the state. Their program development grants have
funded demonstration projects and service innovations for 36
years.
"[This bill] is intended to bring the state law that establishes
and governs the operations of the Council into compliance with
the federal law that funds the Council. Thus, [this bill] will
create the statutory framework for the continued funding of the
Council, its regional offices, and their continued work for the
people of California in furthering the self-determination,
productivity and inclusion of people with developmental
disabilities."
PRIOR LEGISLATION
SB 1364 (Chesbro) Chapter 68, Statutes of 2004, made changes to
the term limits and composition of the SCDD membership in order
to comply with the federal DD Act.
SB 1630 (Chesbro) Chapter 676, Statutes of 2002, was the
Legislature's response to guidance provided by the AIDD in 2001.
The bill brought the SCDD and the 13 area boards into
conformity with the federal requirement that federal
developmental disability grant money administered by the SCDD
through the area boards be under the "complete control" of the
SCDD.
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REGISTERED SUPPORT / OPPOSITION :
Support
Alameda County Developmental Disabilities Planning and advisory
Council
Autism Society of Los Angeles (ASLA)
California State Council on Developmental Disabilities
Disabilities Rights California
Developmental Disabilities Area Board 1
Developmental Disabilities Area Board 12
Developmental Disabilities Area Board 13
Developmental Disabilities Area Board 2
Developmental Disabilities Area Board 3
Developmental Disabilities Area Board 9
Developmental Disabilities Area Board 4
Family Resource Centers Network of CA (FRCNCA)
Family Resource Network
The Arc of Ventura County
Transition for Resources for Adult Community Education (TRACE)
United Cerebral Palsy of San Luis Obispo
V.T.C Enterprises
California Supported Living Network (CSLN)
11 Individuals
Opposition
None on file.
Analysis Prepared by : Myesha Jackson / HUM. S. / (916)
319-2089