Amended in Assembly August 4, 2014

Amended in Assembly June 25, 2014

Amended in Senate May 27, 2014

Amended in Senate April 24, 2014

Amended in Senate April 3, 2014

Senate Bill No. 1160

Introduced by Senator Beall

February 20, 2014

An act to amend Section 4851 begin delete of end delete begin insert of, and to add Section 4861.1 to, end insert the Welfare and Institutions Code, relating to developmental services.

LEGISLATIVE COUNSEL’S DIGEST

SB 1160, as amended, Beall. Developmental services: employment.

The Lanterman Developmental Disabilities Services Act authorizes the State Department of Developmental Services to contract with regional centers to provide support and services to individuals with developmental disabilities. The services and supports to be provided to a regional center consumer are contained in an individual program plan, developed in accordance with prescribed requirements. Under existing law, as part of the individual program plan, the regional center may refer an adult consumer to habilitation services, including group services and individualized services in the context of employment. Existing law defines “group services” for these purposes to mean job coaching in a group supported employment placement at a job coach-to-consumer ratio of not less than 1 to 3 nor more than 1 to 8 where services to a minimum of 3 consumers are funded by the regional center or the Department of Rehabilitation. Existing law defines “individualized services” to mean job coaching and other supported employment services for regional center-funded consumers in a supported employment placement at a job coach-to-consumer ratio of 1 to 1, and that decrease over time until stabilization is achieved.

This bill would require, for group services, a job coach-to-consumer ratio of not less than 1 to 2 nor more than 1 to 8 where services to a minimum of 2 consumers are funded by the regional center or the Department of Rehabilitation. The bill would recast the definition of “individualized services” to provide, in part, job coaching and other supported employment services that decrease over time, consistent with the consumer’s individual program plan and abilities with the goal of achieving stabilization, when possible.

begin insert

This bill would authorize the State Department of Developmental Services to approve group services at a job coach-to-consumer ratio of not less than 1 to 2 nor more than 1 to 8 and would require the department to consider specified criteria, including individual consumer support needs, in determining the appropriateness of the job coach-to-consumer ratio for a new or modified group.

end insert begin insert

This bill would incorporate additional changes in Section 4851 of the Welfare and Institutions Code, proposed by SB 577, that would become operative only if SB 577 and this bill are both chaptered and become effective on or before January 1, 2015, and this bill is chaptered last.

end insert

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) Persons with developmental disabilities should have
employment opportunities with job training, reasonable
accommodation, and individual supports that enable them to move
towards being economically self-sufficient.

(b) Regional center service coordinators, community-based
program providers, disability advocates, and family members
involved in employment-related services for persons with
developmental disabilities have the responsibility to provide
information to them regarding the full spectrum of employment
options.

SEC. 2.  

Section 4851 of the Welfare and Institutions Code is
amended to read:

4851.  

The definitions contained in this chapter shall govern
the construction of this chapter, with respect to habilitation services
provided through the regional center, and unless the context
requires otherwise, the following terms shall have the following
meanings:

(a) “Habilitation services” means community-based services
purchased or provided for adults with developmental disabilities,
including services provided under the Work Activity Program and
the Supported Employment Program, to prepare and maintain them
at their highest level of vocational functioning, or to prepare them
for referral to vocational rehabilitation services.

(b) “Individual program plan” means the overall plan developed
by a regional center pursuant to Section 4646.

(c) “Individual habilitation service plan” means the service plan
developed by the habilitation service vendor to meet employment
goals in the individual program plan.

(d) “Department” means the State Department of Developmental
Services.

(e) “Work activity program” includes, but is not limited to,
sheltered workshops or work activity centers, or community-based
work activity programs certified pursuant to subdivision (f) or
accredited by CARF, the Commission on Accreditation of
Rehabilitation Facilities.

(f) “Certification” means certification procedures developed by
the Department of Rehabilitation.

(g) “Work activity program day” means the period of time
during which a Work Activity Program provides services to
consumers.

(h) “Full day of service” means, for purposes of billing, a day
in which the consumer attends a minimum of the declared and
approved work activity program day, less 30 minutes, excluding
the lunch period.

(i) “Half day of service” means, for purposes of billing, any day
in which the consumer’s attendance does not meet the criteria for
billing for a full day of service as defined in subdivision (g), and
the consumer attends the work activity program not less than two
hours, excluding the lunch period.

(j) “Supported employment program” means a program that
meets the requirements of subdivisions (n) to (s), inclusive.

(k) “Consumer” means any adult who receives services
purchased under this chapter.

(l) “Accreditation” means a determination of compliance with
the set of standards appropriate to the delivery of services by a
work activity program or supported employment program,
developed by CARF, and applied by the commission or the
department.

(m) “CARF” means the Commission on Accreditation of
Rehabilitation Facilities.

(n) “Supported employment” means paid work that is integrated
in the community for individuals with developmental disabilities.

(o) “Integrated work” means the engagement of an employee
with a disability in work in a setting typically found in the
community in which individuals interact with individuals without
disabilities other than those who are providing services to those
individuals, to the same extent that individuals without disabilities
in comparable positions interact with other persons.

(p) “Supported employment placement” means the employment
of an individual with a developmental disability by an employer
in the community, directly or through contract with a supported
employment program. This includes provision of ongoing support
services necessary for the individual to retain employment.

(q) “Allowable supported employment services” means the
services approved in the individual program plan and specified in
the individual habilitation service plan for the purpose of achieving
supported employment as an outcome, and may include any of the
following:

(1) Job development, to the extent authorized by the regional
center.

(2) Program staff time for conducting job analysis of supported
employment opportunities for a specific consumer.

(3) Program staff time for the direct supervision or training of
a consumer or consumers while they engage in integrated work
unless other arrangements for consumer supervision, including,
but not limited to, employer supervision reimbursed by the
supported employment program, are approved by the regional
center.

(4) Community-based training in adaptive functional and social
skills necessary to ensure job adjustment and retention.

(5) Counseling with a consumer’s significant other to ensure
support of a consumer in job adjustment.

(6) Advocacy or intervention on behalf of a consumer to resolve
problems affecting the consumer’s work adjustment or retention.

(7) Ongoing support services needed to ensure the consumer’s
retention of the job.

(r) “Group services” means job coaching in a group supported
employment placement at a job coach-to-consumer ratio of not
less than 1 to 2 nor more than 1 to 8 where services to a minimum
of two consumers are funded by the regional center or the
Department of Rehabilitation. For consumers receiving group
services, ongoing support services shall be limited to job coaching
and shall be provided at the worksite.

(s) “Individualized services” means job coaching and other
supported employment services for regional center-funded
consumers in a supported employment placement at a job
coach-to-consumer ratio of 1 to 1 and that decrease over time,
consistent with the consumer’s individual program plan and
abilities with the goal of achieving stabilization, when possible.
Individualized services may be provided on or off the jobsite.

begin insert

begin insert SEC. 2.5. end insert   

end insert

begin insert Section 4851 of the end insert begin insert Welfare and Institutions Code end insert
begin insert is amended to read: end insert

4851.  

The definitions contained in this chapter shall govern
the construction of this chapter, with respect to habilitation services
provided through the regional center, and unless the context
requires otherwise, the following terms shall have the following
meanings:

(a) “Habilitation services” means community-based services
purchased or provided for adults with developmental disabilities,
including services provided under the Work Activity Program and
the Supported Employment Program, to prepare and maintain them
at their highest level of vocational functioning, or to prepare them
for referral to vocational rehabilitation services.

(b) “Individual program plan” means the overall plan developed
by a regional center pursuant to Section 4646.

(c) “Individual habilitation service plan” means the service plan
developed by the habilitation service vendor to meet employment
goals in the individual program plan.

(d) “Department” means the State Department of Developmental
Services.

(e) “Work activity program” includes, but is not limited to,
sheltered workshops or work activity centers, or community-based
work activity programs certified pursuant to subdivision (f) or
accredited by CARF, the begin delete Rehabilitation Accreditation Commission. end delete
begin insert Commission on Accreditation of Rehabilitation Facilities. end insert

(f) “Certification” means certification procedures developed by
the Department of Rehabilitation.

(g) “Work activity program day” means the period of time
during which a Work Activity Program provides services to
consumers.

(h) “Full day of service” means, for purposes of billing, a day
in which the consumer attends a minimum of the declared and
approved work activity program day, less 30 minutes, excluding
the lunch period.

(i) “Half day of service” means, for purposes of billing, any day
in which the consumer’s attendance does not meet the criteria for
billing for a full day of service as defined in subdivision (g), and
the consumer attends the work activity program not less than two
hours, excluding the lunch period.

(j) “Supported employment program” means a program that
meets the requirements of subdivisions (n) to (s), inclusive.

(k) “Consumer” means any adult who receives services
purchased under this chapter.

(l) “Accreditation” means a determination of compliance with
the set of standards appropriate to the delivery of services by a
work activity program or supported employment program,
developed by CARF, begin delete the Rehabilitation Accreditation Commission, end delete
and applied by the commission or the department.

(m) “CARF” means begin delete CARF end delete the begin delete Rehabilitation Accreditation
Commission. end delete begin insert Commission on Accreditation of Rehabilitation
Facilities. end insert

(n) “Supported employment” means paid work that is integrated
in the community for individuals with developmental disabilities.

(o) “Integrated work” means the engagement of an employee
with a disability in work in a setting typically found in the
community in which individuals interact with individuals without
disabilities other than those who are providing services to those
individuals, to the same extent that individuals without disabilities
in comparable positions interact with other persons.

(p) “Supported employment placement” means the employment
of an individual with a developmental disability by an employer
in the community, directly or through contract with a supported
employment program. This includes provision of ongoing support
services necessary for the individual to retain employment.

(q) “Allowable supported employment services” means the
services approved in the individual program plan and specified in
the individual habilitation service plan for the purpose of achieving
supported employment as an outcome, and may include any of the
following:

(1) Job development, to the extent authorized by the regional
center.

(2) Program staff time for conducting job analysis of supported
employment opportunities for a specific consumer.

(3) Program staff time for the direct supervision or training of
a consumer or consumers while they engage in integrated work
unless other arrangements for consumer supervision, including,
but not limited to, employer supervision reimbursed by the
supported employment program, are approved by the regional
center.

(4) Community-based training in adaptive functional and social
skills necessary to ensure job adjustment and retention.

(5) Counseling with a consumer’s significant other to ensure
support of a consumer in job adjustment.

(6) Advocacy or intervention on behalf of a consumer to resolve
problems affecting the consumer’s work adjustment or retention.

(7) Ongoing support services needed to ensure the consumer’s
retention of the job.

(r) “Group services” means job coaching in a group supported
employment placement at a job coach-to-consumer ratio of not
less than begin delete one-to-three end delete begin insert 1 to 2 end insert nor more than begin delete one-to-eight end delete begin insert 1 to 8 end insert
where services to a minimum of begin delete three end delete begin insert two end insert consumers are funded
by the regional center or the Department of Rehabilitation. For
consumers receiving group services, ongoing support services shall
be limited to job coaching and shall be provided at the worksite.

(s) “Individualized services” means job coaching and other
supported employment services for regional center-funded
consumers in a supported employment placement at a job
coach-to-consumer ratio of begin delete one-to-one, end delete begin insert 1 to 1 end insert and that decrease
over begin delete time until stabilization is achieved. end delete begin insert time, consistent with the
consumer’s individual program plan and abilities with the goal
of achieving stabilization, when possible. end insert Individualized services
may be provided on or off the jobsite.

begin insert

(t) “Community-based vocational development services” means
(1) services provided to enhance community employment readiness,
which may include the use of discovery and job exploration
opportunities, (2) social skill development services necessary to
obtain and maintain community employment, (3) services to use
internship, apprenticeship, and volunteer opportunities to provide
community-based vocational development skills development
opportunities, (4) services to access and participate in
postsecondary education or career technical education, and (5)
building a network of community and employment opportunities.

end insert

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 4861.1 is added to the end insert begin insert Welfare and Institutions
Code end insert begin insert , to read: end insert

begin insert

begin insert 4861.1. end insert   

(a) The department may approve group services at a
job coach-to-consumer ratio of not less than 1 to 2 nor more than
1 to 8. In determining the appropriateness of the job
coach-to-consumer ratio for a new or modified group, the
department shall consider criteria, including, but not limited to,
all of the following:

(1) Individual consumer support needs as determined by each
consumer’s individual program plan planning team.

(2) Opportunities for integration within the worksite.

(3) Consumer wages.

(4) Availability of transportation.

(5) The business needs of the employer.

(b) This section does not limit the department’s authority to
review, approve, or disapprove of group employment opportunities
consistent with other authorities granted under the Lanterman
Developmental Disabilities Services Act.

end insert

begin insert

begin insert SEC. 4. end insert   

end insert begin insert

Section 2.5 of this bill incorporates amendments to
Section 4851 of the Welfare and Institutions Code proposed by
both this bill and Senate Bill 577. It shall only become operative
if (1) both bills are enacted and become effective on or before
January 1, 2015, (2) each bill amends Section 4851 of the Welfare
and Institutions Code, and (3) this bill is enacted after Senate Bill
577, in which case Section 2 of this bill shall not become operative.

end insert