Amended in Assembly March 26, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 1687

Introduced by Assembly Member Conway

February 13, 2014

An act to amend Section 4502 of, to amend the heading of Chapter 1 (commencing with Section 4500) of Division 4.5 of, to add the heading of Chapter 1.3 (commencing with Section 4502) to, and to add the heading of Chapter 1.6 (commencing with Section 4507) to, Division 4.5 of, the Welfare and Institutions Code, relating to developmental services.

LEGISLATIVE COUNSEL’S DIGEST

AB 1687, as amended, Conway. Persons with Developmental Disabilities Bill of Rights.

Existing law, the Lanterman Developmental Disabilities Services Act, requires the State Department of Developmental Services to contract with regional centers to begin delete provide services and supports to individuals with developmental disabilities end delete begin insert provide fixed points of contact in the community for persons with developmental disabilities and their families, and to ensure that a person with developmental disabilities has access to the services and supports best suited to the person throughout his or her lifetime end insert . Existing law states the intent of the Legislature that persons with developmental disabilities have certain rights, including a right to prompt medical care and treatment and a right to be free from harm begin insert , including abuse or neglect end insert . Existing law begin delete requires that end delete begin insert grants specified rights to end insert a person with developmental disabilities who has been admitted or committed to a state hospital, community care facility, or health facility begin delete have specified rights end delete , including the right to have access to individual storage space for private use and a right to see visitors each day. Existing law requires a developmental center to immediately report resident deaths and certain serious injuries, including a sexual assault, to the local law enforcement agency having jurisdiction over the city or county in which the developmental center is located.

This bill would recast those rights as the Persons with Developmental Disabilities Bill of Rights. The bill would include, as a right begin insert to persons with developmental disabilities end insert , the right to a prompt investigation of any alleged abuse against begin delete a person with developmental disabilities and the results of the investigation to be made available to the person and his or her family, legal guardian, conservator, or authorized representative in a timely fashion. By creating new duties for local officials, this bill would impose a state-mandated local program end delete begin insert them end insert .

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

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

end delete

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

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

SECTION 1.  

The heading of Chapter 1 (commencing with
Section 4500) of Division 4.5 of the Welfare and Institutions Code
is amended to read:

 

Chapter  1. Title and Intent

 

SEC. 2.  

The heading of Chapter 1.3 (commencing with Section
4502) is added to Division 4.5 of the Welfare and Institutions
Code, to read:

 

Chapter  1.3. Persons With Developmental Disabilities
Bill of Rights

 

SEC. 3.  

Section 4502 of the Welfare and Institutions Code is
amended to read:

4502.  

(a) Persons with developmental disabilities have the
same legal rights and responsibilities guaranteed all other
individuals by the United States Constitution and laws and the
Constitution and laws of the State of California. begin delete No end delete begin insert An end insert otherwise
qualified person by reason of having a developmental disability
shall begin insert not end insert be excluded from participation in, be denied the benefits
of, or be subjected to discrimination under any program or
begin delete activity, end delete begin delete which end delete begin insert activity that end insert receives public funds.

(b) It is the intent of the Legislature that persons with
developmental disabilities shall have rights including, but not
limited to, the following:

(1) A right to treatment and habilitation services and supports
in the least restrictive environment. Treatment and habilitation
services and supports should foster the developmental potential
of the person and be directed toward the achievement of the most
independent, productive, and normal lives possible. Such services
shall protect the personal liberty of the individual and shall be
provided with the least restrictive conditions necessary to achieve
the purposes of the treatment, services, or supports.

(2) A right to dignity, privacy, and humane care. To the
maximum extent possible, treatment, services, and supports shall
be provided in natural community settings.

(3) A right to participate in an appropriate program of publicly
supported education, regardless of degree of disability.

(4) A right to prompt medical care and treatment.

(5) A right to religious freedom and practice.

(6) A right to social interaction and participation in community
activities.

(7) A right to physical exercise and recreational opportunities.

(8) A right to be free from harm, including unnecessary physical
restraint, or isolation, excessive medication, abuse, or neglect.

(9) A right to be free from hazardous procedures.

(10) A right to make choices in their own lives, including, but
not limited to, where and with whom they live, their relationships
with people in their community, the way they spend their time,
including education, employment, and leisure, the pursuit of their
personal future, and program planning and implementation.

(11) A right to a prompt investigation of any alleged abuse
against begin delete a person with developmental disabilities. The results of
the investigation shall be made available to the person and his or
her family, legal guardian, conservator, or authorized representative
in a timely fashion end delete begin insert them end insert .

SEC. 4.  

The heading of Chapter 1.6 (commencing with Section
4507) is added to Division 4.5 of the Welfare and Institutions
Code, to read:

 

Chapter  1.6. General Provisions

 

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SEC. 5.  

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

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