BILL ANALYSIS �
SB 856
Page 1
( Without Reference to File )
SENATE THIRD READING
SB 856 (Budget and Fiscal Review Committee)
As Amended June 12, 2014
Majority vote. Budget Bill Appropriation Takes Effect
Immediately
SENATE VOTE :Vote not relevant
SUMMARY : This is the Developmental Services Trailer Bill for
2014-15. It contains necessary changes related to the Budget
Act of 2014. This bill makes various statutory changes to
implement the 2014-15 budget. Specifically, this bill :
1)Implements recommendations made in the California Health and
Human Services Agency's (CHHSA) Plan for the Future of
Developmental Centers in California (plan), including:
a) Establishment of Enhanced Behavioral Supports Homes.
Authorizes a pilot program to develop up to six enhanced
behavioral support homes per year, to provide intensive
behavioral services and supports to adults and children
with developmental disabilities who need intensive services
and supports and who are at risk of institutionalization or
out-of-state placement, or are transitioning to the
community from a developmental center, other state-operated
residential facility, institution for mental disease, or
out-of-state placement. The homes will be developed by
regional centers using community placement plan (CPP)
funds. Each home will serve no more than four residents
and up to six homes may be developed with secured
perimeters. The homes will be certified by the Department
of Developmental Services (DDS) and licensed by the
Department of Social Services (DSS), and each department
will have authority to develop emergency regulations. The
homes will be distributed regionally. The pilot will end
January 1, 2020, unless extended or made permanent through
further legislative action.
b) Establishment of Community Crisis Homes. Authorizes DDS
to develop two community crisis homes (one in the north and
one in the south), each to serve, on a short-term basis, no
more than eight adults who would otherwise be at risk of
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admission to the acute crisis center at Fairview
Developmental Center (FDC) or Sonoma Developmental Center
(SDC), an acute general hospital, an acute psychiatric
hospital, an institution for mental disease, as described
in Part 5 (commencing with Section 5900) of Division 5 of
the Welfare and Institutions Code, or an out-of-state
placement. The homes will be certified by DDS and licensed
by DSS, and each department will have authority to develop
emergency regulations.
c) Establishment of Acute Crisis Centers at State
Developmental Centers. Authorizes DDS to create an acute
crisis center at SDC and FDC. These centers will be
distinct from other residential units and serve up to five
individuals each. Placement into these acute crisis
centers will be pursuant to a court order, as is currently
the requirement for crisis placement into FDC.
d) Evaluation of New Models. Requires DDS to evaluate the
effectiveness of three new models described above in order
to access the impact on implementing the recommendations of
the CHHSA plan. The evaluation reports shall be provided
annually to the Legislature, commencing on January 10,
2015, for the FDC acute crisis center; January 10, 2016,
for the SDC acute crisis center; and January 10 of the
first year following the opening of the first enhanced
behavioral supports home or community crisis home is
opened.
e) Expansion of the Community State Staff Program. Expands
the community state staff program associated with both the
Agnews and Lanterman developmental centers' closures, to
allow developmental center staff from any developmental
center to work with residents moving from a developmental
center to the community or individuals at risk of admission
to a developmental center, an institution for mental
disease, an out-of-state placement, a general acute care
hospital, or an acute psychiatric hospital, and maintain
state staff status through a contract with a community
provider.
1)Requires a court be provided with a copy of the comprehensive
assessment completed for each resident of a developmental
center, and any updates to it, during all judicial reviews of
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a consumer's commitment to a developmental center.
Additionally, requires that regional center client rights'
advocates be provide specified information, including
comprehensive assessments and notices of relevant meetings and
court notifications and proceedings related to a person moving
from a developmental center, or at risk of placement in a
developmental center.
2)Restores infant and toddler eligibility for the Early Start
program to the level in place prior to adoption of the Budget
Act of 2009, effective January 1, 2015.
3)Deletes the prohibition on the payment, by regional centers,
of insurance deductibles on behalf consumers and their
families, for the services identified as necessary in an
individual program plan, under defined circumstances.
4)Makes statutory changes necessary to adjust for the impact of
the minimum wage increase and the Federal Labor Standards
changes relating to the payment of overtime, on specified
service providers, effective on January 1, 2015.
COMMENTS : This bill is a budget trailer bill within the overall
2014-15 budget package to implement actions taken affecting DDS.
Funding related to the changes in this bill is contained in the
2014-15 Budget Act. Additionally, this bill re-appropriates $13
million ($12.9 million General Fund) from 2011-12, a portion of
which is unspent CPP funds, to support the development of the
new community home models described in this analysis.
Analysis Prepared by : Nicole Vazquez / BUDGET / (916)
319-2099
FN: 0003965