BILL ANALYSIS �
SENATE HUMAN
SERVICES COMMITTEE
Senator Jim Beall, Chair
BILL NO: AB 1687
A
AUTHOR: Conway
B
VERSION: March 26, 2014
HEARING DATE: June 24, 2014
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FISCAL: No
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CONSULTANT: Mareva Brown
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SUBJECT
Persons with Developmental Disabilities Bill of Rights
SUMMARY
This bill would recast statutory rights that exist
currently in the Lanterman Developmental Disabilities
Services Act as the "Persons with Developmental
Disabilities Bill of Rights." The bill would add to those
rights the right to a prompt investigation of any alleged
abuse.
ABSTRACT
Existing law:
1) The Lanterman Developmental Disabilities Services
Act, enacted in 1977, sets forth the rights of
individuals with developmental disabilities in
California and the responsibilities of the state to
provide services and supports. (WIC 4500 et seq.)
2) Establishes that persons with developmental
disabilities have the same legal rights and
responsibilities guaranteed all other individuals by
the Constitution and laws of the United States the
Continued---
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State of California. (WIC 4502)
3) States Legislative intent that persons with
developmental disabilities have rights, including but
not limited to:
a. 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.
b. A right to dignity, privacy, and humane
care. To the maximum extent possible, treatment,
services, and supports shall be provided in
natural community settings.
c. A right to participate in an appropriate
program of publicly supported education,
regardless of degree of disability.
d. A right to prompt medical care and
treatment.
e. A right to religious freedom and
practice.
f. A right to social interaction and
participation in community activities.
g. A right to physical exercise and
recreational opportunities.
h. A right to be free from harm, including
unnecessary physical restraint, or isolation,
excessive medication, abuse, or neglect.
i. A right to be free from hazardous
procedures.
j. 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. (WIC
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4502)
4) Establishes Legislative intent that all victims of
crimes are treated with dignity, respect, courtesy,
and sensitivity and that the rights of victims are
honored and protected by law enforcement agencies,
prosecutors, and judges. (PC 679)
5) Establishes a victim's right to an expeditious
disposition of the criminal action. (PC 679.02 (a)
(10))
6) Requires a state developmental center to
immediately, but no later than within two hours of
observing, obtaining knowledge of, or suspecting
abuse, report specified incidents involving a resident
to the local law enforcement agency, as defined. (WIC
4427.5. (a) (1))
7) Requires mandated reporters, as specified, in a
variety of care settings to report suspected abuse of
an elder or dependent adult to local law enforcement,
the local ombudsman, or other authorities as
appropriate to the setting, immediately or as soon as
practicably possible, as specified. Requires that if
the report is made by telephone, a written report
shall be sent, or an Internet report shall be made
through the confidential Internet reporting tool
established in Section 15658, within two working days.
(WIC 15630)
This bill:
1) Renames the heading of WIC 4502, to "Persons With
Developmental Disabilities Bill of Rights"
2) Adds to the list of rights, "A right to a prompt
investigation of any alleged abuse against them."
FISCAL IMPACT
This bill was not identified as having a fiscal impact by
the Office of Legislative Counsel.
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BACKGROUND AND DISCUSSION
Purpose of the bill:
According to the author, AB 1687 renames the heading of
Welfare and Institutions Code 4502 to read "Persons with
Developmental Disabilities Bill of Rights," and moreover,
adds a right that a person with developmental disabilities
receive a prompt investigation into any alleged abuse.
Developmental Disabilities
A developmental disability is defined as a disability that
originates before an individual attains 18 years of age, is
expected to continue indefinitely, and constitutes a
substantial disability for that individual. It includes
intellectual disabilities, cerebral palsy, epilepsy, and
autism spectrum disorders, among others.
California's 21 regional centers are nonprofit
organizations that provide local services and supports to
more than 275,000 consumers statewide, as of May 2014.
Regional centers, through contracts with the state
Department of Developmental Services (DDS), provide
diagnosis and assessment of eligibility and help plan,
access, coordinate and monitor the services and supports
that are needed because of an individual's developmental
disability. Services for consumers are determined through
an individual program plan (IPP). In addition, as of June
11, 2014, there were about 1,250 individuals living in
developmental centers, including approximately 400 at
Porterville Developmental Center, which is in the author's
district, about 440 at Sonoma, about 315 individuals at
Fairview and 50 in-center consumers at Lanterman
Developmental Center, which is in the process of closure.
The overall number of consumers residing in developmental
centers has decreased by approximately 550 since March
2012.
The Lanterman Act
Established in statute in 1969, California's Lanterman
Developmental Disabilities Act (WIC 4500 et seq.) provides
an entitlement to services for individuals who are
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diagnosed with developmental disabilities. Under the act,
the Legislative intent stated services and supports should
be available to enable persons with developmental
disabilities to approximate the pattern of everyday living
available to people without disabilities of the same age.
The Act's intention and structure requires that consumers
of services and supports, and where appropriate, their
parents, legal guardian, or conservator, should be
empowered to make choices in all life areas. These include
promoting opportunities for individuals with developmental
disabilities to be integrated into mainstream society in
their home communities, including supported living and
other appropriate community living arrangements, and more
recently, to be included in employment.
Related legislation:
AB 1688 (Conway) 2014 would have required that a local law
enforcement agency be reimbursed for costs to investigate
crimes in developmental centers in which an employee is
accused of committing a crime against a consumer. That bill
was held in the Assembly Appropriations committee.
COMMENTS
This bill is one of two that were introduced by the author
out of concerns for residents of Porterville Developmental
Center, in her district, and other individuals living with
developmental disabilities. While there are ongoing
concerns about the adequacy of criminal investigations
within the developmental centers, it is unclear that this
bill has any practical effect.
PRIOR VOTES
Assembly Floor 76 - 0
Assembly Human Services 6 - 0
POSITIONS
Support: California Psychological Association
Oppose: None received.
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