Bill Text: CA AB1099 | 2025-2026 | Regular Session | Introduced
Bill Title: Developmental services: initial intake: assessment.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2025-02-21 - From printer. May be heard in committee March 23. [AB1099 Detail]
Download: California-2025-AB1099-Introduced.html
CALIFORNIA LEGISLATURE—
2025–2026 REGULAR SESSION
Assembly Bill
No. 1099
| Introduced by Assembly Member Bryan |
February 20, 2025 |
An act to amend Sections 4642 and 4643 of, and to add and repeal Section 4643.1 of, the Welfare and Institutions Code, relating to developmental services.
LEGISLATIVE COUNSEL'S DIGEST
AB 1099, as introduced, Bryan.
Developmental services: initial intake: assessment.
Existing law, the Lanterman Developmental Disabilities Services Act, requires the State Department of Developmental Services to contract with regional centers to provide services and supports to persons with developmental disabilities and their families.
Under existing law, a person believed to have a developmental disability, and a person believed to have a high risk of parenting an infant with a developmental disability, is eligible for initial intake and assessment services in the regional centers. Existing law requires that initial intake take place within 15 days following a request for assistance. Existing law, commencing January 1, 2025, requires a regional center, by the end of that 15-day period, to either determine if the individual is eligible for regional center services or determine if additional assessment is needed.
This bill would, for initial intakes involving a foster child, as defined, if the regional center has not determined, within the 15-day period following a request for assistance, that the foster child is eligible or provisionally eligible for regional center services, instead require the regional center to refer the foster child for, and conduct, that additional assessment. The bill would prohibit a determination not to provide additional assessment from being solely based on the lack of specified documentation. The bill would require the department to submit an annual report to the Legislature that includes specified data relating to initial intakes, including, among other data, the number of initial intakes, and the number of initial intakes involving foster children, received by a regional center. The bill would repeal that reporting requirement on January 1, 2030.
Existing law, if assessment is needed, requires that the
assessment be performed within 120 days following initial intake or as soon as possible and in no event more than 60 days following initial intake where any delay would expose the client to unnecessary risk, as specified.
This bill would also require the assessment to be performed as soon as possible and in no event more than 60 days if the client is a foster child. The bill would require the assessment to be conducted and an eligibility determination to be made within the applicable timelines irrespective of whether the person, or a person acting on their behalf, possesses specified documentation. The bill would require the regional center to assist in collecting and procuring that documentation in order to ensure that assessment is conducted as soon as possible.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 4642 of the Welfare and Institutions Code is amended to read:4642.
(a) (1) Any person believed to have a developmental disability, and any person believed to have a high risk of parenting(2) (A) Initial intake shall be performed within 15 working days following request for assistance. Initial intake shall include, but need not be limited to, information and advice about the nature and availability of services provided by the regional center and by other agencies in the community, including guardianship, conservatorship, income maintenance, mental
health, housing, education, work activity and vocational training, medical, dental, recreational, and other services or programs that may be useful to persons with developmental disabilities or their families. Intake
(B) Except as provided in subparagraph (D), initial intake shall also include a decision to provide assessment. the assessment specified in Section 4643 and may include a determination that the person is eligible or provisionally eligible for regional center services.
(C) A decision not to provide the assessment specified in Section 4643 shall not be based solely on the lack of documentation, including, but not limited to, school, medical, or court records, provided by the person requesting assistance or, if appropriate, by the person’s parents, legal guardian or conservator, or authorized representative.
(D) For initial intakes involving a foster child who has not been determined to be eligible or provisionally eligible for regional center services by the end of the 15 working day initial intake period, the regional center shall conduct the assessment specified in Section 4643.
(3) Commencing on January 1, 2025, the regional center shall take the
following actions by the end of the 15-day initial intake period described in paragraph (2):
(A) Either Except as otherwise specified in subparagraph (B), either of the following actions:
(i) Determine if the individual is eligible or provisionally eligible
for regional center services.
(ii) Determine if the regional center will initiate the assessment specified in Section 4643.
(B) For a foster child, either of the following actions:
(i) Determine if the foster child is eligible or provisionally eligible for regional center services.
(ii) Refer the foster child for the assessment specified in Section 4643.
(B)
(C) Inform the individual requesting intake of the regional center’s action.
(C)
(D) If the regional center determines that the individual is not eligible
or provisionally eligible for regional center services, or that the regional center is not initiating the assessment specified in Section 4643, provide the individual requesting intake and, if appropriate, the individual’s parents, legal guardian or conservator, or authorized representative, with adequate notice as required by Section 4710.
(4) (A) The department shall create, with input from stakeholders, standardized information packets to be provided to any person seeking services from a regional center. There shall be one information packet related to services provided under the California Early Intervention Services Act and another information packet related to services provided under the Lanterman Developmental Disabilities Services Act. The information packets shall be translated to provide language access, as required by state and federal law, shall be available in alternative
formats and alternative modes of communication, as required by federal law, and shall include, at a minimum, all of the following:
(i) An overview of the regional center system.
(ii) A resource guide for consumers and their families.
(iii) Consumer rights.
(iv) Contact information for the regional center, the department, the office of clients’ rights advocacy, and the protection and advocacy agency specified in Division 4.7 (commencing with Section 4900).
(B) Each regional center shall distribute the information packets at intake, upon transfer to receiving services under the Lanterman Developmental Disabilities Services Act, and upon request. Each regional center shall begin distributing
the information packets within 60 days following the department providing the information packets and issuing directives regarding the distribution of the information packets. In addition to, and not in lieu of, this requirement, each regional center shall post the full content of the most updated information packet on its internet website.
(b) A regional center shall communicate with the consumer and the consumer’s family pursuant to this section in their preferred language, including providing alternative communication services and alternative formats, as required by state and federal law.
(c) For purposes of this section, the following terms have the following meanings:
(1) “Foster child” means any of the following:
(A) A child who has been removed from their home by a county child welfare services agency pursuant to Section 309.
(B) A child who is the subject of a juvenile court petition filed under Section 300 or Section 602, whether or not the child has been removed from their home.
(C) A dependent child of the court of an Indian tribe, consortium of tribes, or tribal organization who is the subject of a petition filed in the tribal court pursuant to the tribal court’s jurisdiction in accordance with the tribe’s law.
(D) A child who is the subject of a voluntary placement agreement, as defined in Section 11400.
(E) A nonminor dependent, as defined in Section 11400.
(2) “Request for assistance” means any initial contact or inquiry from an individual, or a person acting on their behalf, on the nature of services or supports available or provided by the regional center, or the individual’s possible eligibility to receive them based on a potential developmental concern or disability.
SEC. 2.
Section 4643 of the Welfare and Institutions Code is amended to read:4643.
(a) (1) If assessment is needed, the assessment shall be performed within 120 days following initial intake. Assessment shall be performed as soon as possible and in no event more than 60 days following initial intake(A) When any
delay would expose the client to unnecessary risk to his or her their health and safety or safety.
(B) When a delay would expose the client
to significant further delay in mental or physical development, or
development.
(C) When the client would be at imminent risk of placement in a more restrictive environment. Assessment
(D) When the client is a foster child, as defined in Section 4642.
(2) Assessment may include collection and
review of available historical diagnostic data, provision or procurement of necessary tests and evaluations, and summarization of developmental levels and service needs and is conditional may be obtained upon receipt of the release of information specified in subdivision (b). The regional center shall assist in collecting and procuring this documentation to ensure that assessment is conducted as soon as possible. Assessment shall be conducted within the timelines specified in paragraph (1) irrespective of whether the person, or a person acting on their behalf, possesses that documentation.
(b) In determining if an individual meets the definition of
developmental disability contained in subdivision (a) of Section 4512, the regional center may consider evaluations and tests, including, but not limited to, intelligence tests, adaptive functioning tests, neurological and neuropsychological tests, diagnostic tests performed by a physician, psychiatric tests, and other tests or evaluations that have been performed by, and are available from, other sources. The regional center shall make its determination within the timelines specified in paragraph (1) irrespective of whether the person, or a person acting on their behalf, possesses that documentation.
(c) At the time of assessment, the individual, or, where appropriate, the parents, legal guardian, or conservator,
or authorized representative, shall provide copies of any health benefit cards under which the consumer is eligible to receive health benefits, including, but not limited to, private health insurance, a health care service plan, Medi-Cal, Medicare, and TRICARE. If the individual, or where appropriate, the parents, legal guardians, or conservators, or authorized representatives, have no such benefits, the regional center shall not use that fact to negatively impact the services that the individual may or may not receive from the regional center. A regional center shall not require an individual to use their health benefits before it conducts an assessment.
(d) A regional center shall communicate with the consumer and his or her their family pursuant to this section in their native language, including providing alternative communication services, as required by Sections 11135 to 11139.7, inclusive, of the Government Code and implementing regulations.
SEC. 3.
Section 4643.1 is added to the Welfare and Institutions Code, to read:4643.1.
(a) (1) The department shall annually report to the Legislature, and post on its internet website, the data identified in paragraph (2).(2) All of the following annual statewide data shall be included in the report submitted to the Legislature pursuant to paragraph (1):
(A) The number of initial intakes, and, separately, the number of initial intakes involving foster children, received by regional centers.
(B) The percentage of initial intakes, and, separately, the percentage of initial intakes involving foster children, that resulted in eligibility and provisional eligibility determinations,
respectively, during the initial intake period.
(C) The percentage of initial intakes, and, separately, the percentage of initial intakes involving foster children, that occurred more than 15 working days following a request for assistance.
(D) The number of assessments conducted by regional centers and the percentage of cases that resulted in an assessment after the initial intake.
(E) The total number of individuals, and, separately, the total number of foster children, who qualified for an expedited assessment within 60 days following initial intake.
(F) The percentage of individuals, and, separately, the percentage of foster children, who qualified for an expedited assessment following initial intake but whose assessment occurred more than 60 days
following initial intake.
(G) The percentage of assessments that occurred more than 120 days following initial intake.
(H) The percentage of individuals, and, separately, the percentage of foster children, whose applications for services under the California Early Intervention Services Act (Title 14 (commencing with Section 95000) of the Government Code) took longer than the 45-day timeline described in Section 95020 of the Government Code.
(I) The age, race or ethnicity, and preferred language for all of the following:
(i) Individuals, and, separately, foster children, who were denied an initial intake following a request for assistance.
(ii) Individuals, and, separately, foster children,
who were denied eligibility for services pursuant to subdivision (a) of Section 4512 following an assessment conducted pursuant to Section 4643.
(iii) Individuals, and, separately, foster children, who, following an assessment, were denied eligibility for services under the California Early Intervention Services Act (Title 14 (commencing with Section 95000) of the Government Code).
(b) For purposes of this section, “foster child” and “request for assistance” have the same meaning as in Section 4642.
(c) (1) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.
(2) Pursuant to Section 10231.5 of the Government Code, this section is repealed on
January 1, 2030.
