Bill Text: CA AB1147 | 2023-2024 | Regular Session | Amended

California Assembly Bill 1147

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Disability Equity, Transparency, and Accountability Act of 2024.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Passed) 2024-09-28 - Chaptered by Secretary of State - Chapter 902, Statutes of 2024. [AB1147 Detail]

Download: California-2023-AB1147-Amended.html

Amended IN Senate August 22, 2024

Amended IN Senate September 01, 2023

Amended IN Senate July 13, 2023

Amended IN Senate July 10, 2023

Amended IN Assembly May 19, 2023

Amended IN Assembly April 11, 2023

Amended IN Assembly March 27, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 1147

Introduced by Assembly Members Addis and Garcia
(Coauthor: Assembly Member Mathis)

February 16, 2023

An act to amend Sections ~~4571, 4622, 4626.5, 4642, 4646,~~ ~~4646.5,~~ 4581, 4626.5, and 4726 of, and to add ~~Sections 4629.1 and~~ Section 4639.76 to, the Welfare and Institutions Code, relating to developmental services.

LEGISLATIVE COUNSEL'S DIGEST

AB 1147, as amended, Addis. Disability ~~Equity~~ Equity, Transparency, and Accountability Act of ~~2023.~~ 2024.

The Lanterman Developmental Disabilities Services Act makes the State Department of Developmental Services responsible for providing various services and supports to individuals with developmental disabilities, and for ensuring the appropriateness and quality of those services and supports. Pursuant to that law, the department contracts with regional centers to provide services and supports to persons with developmental disabilities.

This bill would enact the Disability ~~Equity~~ Equity, Transparency, and Accountability Act of ~~2023,~~ 2024, which would make various changes to the act for purposes including providing increased oversight of regional center operations and performance. The bill would require an evaluation of regional center performance by the department, which would be implemented using a common set of performance measures. The bill would require the department to establish standards, consisting of benchmarks above which indicate good performance and minimum benchmarks below which a regional center shall undertake efforts to improve, for these performance measures, as specified, by July 1, 2025. The bill would require the department, in consultation with stakeholders, including consumers and family members, to annually establish, update, and review these benchmarks.

Existing law requires the department, in consultation with stakeholders, to identify a valid and reliable quality assurance instrument that assesses consumer and family satisfaction, provision of services in a linguistically and competent manner, and personal outcomes, as specified.
This bill would require the department by March 1, 2025, to advise the Legislature describing the extent to which the requirements of this section have been met, including the surveying of all consumers, including those who have not purchased services, and providing specific steps and the schedule by which these requirements will be met.
Existing law declares the intent of the Legislature to ensure that the individual program plan (IPP) and provision of services and supports by the regional center system is centered on the individual and the family of the individual with developmental disabilities and takes into account the needs and preferences of the individual and the family, as prescribed. Existing law requires an IPP to be developed for any person who, following intake and assessment, is found to be eligible for regional center services, and requires these plans to be completed within 60 days of the completion of the assessment, as specified.
This bill also would declare the intent of the Legislature to ensure that goals in any plan allow for innovation and nontraditional service delivery, as specified. The bill would require the service coordinator, as part of the initial IPP meeting and each review of the IPP, as specified, to provide the consumer or, if appropriate, their parents, legal guardian, conservator, or authorized representative, oral and written information about the Self-Determination Program, as prescribed. The bill would require the regional center service coordinator to provide specified information regarding the program within 5 business days of the consumer expressing interest.

The bill would revise the criteria applicable to regional center governing boards with which the state contracts, including with respect to training and ongoing support, and executive director performance standards. The bill would require the department to establish and adopt a grievance procedure for governing board members, as specified. prohibit a regional center employee from accepting gifts over $15 per year from specified entities and would require each regional center to establish a policy prohibiting regional center senior staff from hiring relatives, as specified. The bill also would, beginning on January 1, ~~2025,~~ 2026, make regional centers subject to requirements of the California Public Records Act. Notwithstanding any other law, the bill would require access to records regarding an applicant for, or recipient of, services to be provided, upon request, to the applicant, recipient, or their authorized representative, as specified, unless expressly prohibited by law.

This bill would incorporate additional changes to Section 4646 of the Welfare and Institutions Code proposed by SB 447 to be operative only if this bill and SB 447 are enacted and this bill is enacted last.
The bill would make related findings and declarations and state the legislative intent related to these provisions.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO

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

SECTION 1.

This act shall be known, and may be cited, as the Disability ~~Equity~~ Equity, Transparency, and Accountability Act of ~~2023.~~ 2024.

SEC. 2.Section 4571 of the Welfare and Institutions Code is amended to read:
4571.
(a)It is the intent of the Legislature to ensure the well-being of consumers, taking into account their informed and expressed choices. It is further the intent of the Legislature to support the satisfaction and success of consumers through the delivery of quality services and supports. Evaluation of the services that consumers receive is a key aspect to the service system. Utilizing the information that consumers and their families provide about those services in a reliable and meaningful way is also critical to enable the department to assess the performance of the state’s developmental services system and to improve services for consumers in the future. To that end, the State Department of Developmental Services, on or before January 1, 2010, shall implement an improved, unified quality assessment system, in accordance with this section.
(b)The department, in consultation with stakeholders, shall identify a valid and reliable quality assurance instrument that assesses consumer and family satisfaction, provision of services in a linguistically and culturally competent manner, and personal outcomes. The instrument shall do all of the following:
~~(1)Provide nationally validated, benchmarked, consistent, reliable, and measurable data for the department’s Quality Management System.~~
(2)Enable the department and regional centers to compare the performance of California’s developmental services system against other states’ developmental services systems and to assess quality and performance among all of the regional centers.
(3)Include outcome-based measures such as health, safety, well-being, relationships, interactions with people who do not have a disability, employment, quality of life, integration, choice, service, and consumer satisfaction.
(4)Include outcome-based measures to evaluate the linguistic and cultural competency, including tribal culture competency, of regional center services that are provided to consumers across their lifetimes.
~~(c)To the extent that funding is available, the instrument identified in subdivision (b) may be expanded to collect additional data requested by the State Council on Developmental Disabilities.~~
(d)(1)The department shall contract with an independent agency or organization to implement, by January 1, 2010, the quality assurance instrument described in subdivision (b). The contractor shall be experienced in all of the following:
~~(A)Designing valid quality assurance instruments for developmental service systems.~~
(B)Tracking outcome-based measures such as health, safety, well-being, relationships, interactions with people who do not have a disability, employment, quality of life, integration, choice, service, and consumer satisfaction.
~~(C)Developing data systems.~~
~~(D)Data analysis and report preparation.~~
(E)Assessments of the services received by consumers who are moved from developmental centers to the community, given the Legislature’s historic recognition of a special obligation to ensure the well-being of these persons.
~~(F)Issues related to linguistic and cultural competency.~~
~~(2)Notwithstanding any other law, the contract and any amendments pursuant to this section shall be exempt from all of the following:~~
~~(A)The personal services contracting requirements of Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the Government Code.~~
~~(B)The Public Contract Code, the State Contracting Manual, and the State Administration Manual.~~
~~(C)The approval of the Department of General Services.~~
~~(D)The approval of the Department of Technology.~~
(3)The exemptions specified in paragraph (2) shall remain in effect until there is more than one available assessment that meets the criteria in subdivision (b) from an organization that also meets the criteria in this subdivision.
(e)The department, in consultation with the contractor described in subdivision (d), shall establish the methodology by which the quality assurance instrument shall be administered, including, but not limited to, how often and to whom the quality assurance will be administered, and the design of a stratified, random sample among the entire population of consumers served by regional centers. The contractor shall provide aggregate information for all regional centers and the state as a whole. At the request of a consumer or the family member of a consumer, the survey shall be conducted in the primary language of the consumer or family member surveyed.
(f)The department shall contract with the state council to collect data for the quality assurance instrument described in subdivision (b). If, during the data collection process, the state council identifies any suspected violation of the legal, civil, or service rights of a consumer, or if it determines that the health and welfare of a consumer is at risk, that information shall be provided immediately to the regional center providing case management services to the consumer. At the request of the consumer or family, when appropriate, a copy of the completed survey shall be provided to the regional center providing case management services to improve the consumer’s quality of services through the individual planning process.
(g)The department, in consultation with stakeholders, shall annually review the data collected from and the findings of the quality assurance instrument described in subdivision (b) and accept recommendations regarding additional or different criteria for the quality assurance instrument in order to assess the performance of the state’s developmental services system and improve services for consumers.
(h)(1)Each regional center shall annually present data collected from, and the findings of, the quality assurance instrument described in subdivision (b) for that regional center, at a public meeting of its governing board in order to assess the comparative performance of the regional center and identify needed improvements in services for consumers, including, but not limited to, case management services. Notice of this meeting shall also be posted on the regional center’s internet website at least 30 days prior to the meeting and shall be sent to regional center consumers and families and individual stakeholders at least 30 days prior to the meeting. The governing board shall provide a sufficient public comment period so members of the public may provide comments. Each regional center, in holding the meeting required by this subdivision, shall ensure that the meeting and meeting materials provide language access, as required by state and federal law.
(2)All regional center-specific reports generated by the department pursuant to this subdivision shall be made publicly available on the regional center’s internet website in a machine-readable format, but shall not contain any personal identifying information about any person assessed.
(3)Within 60 days following its annual presentation, each regional center shall submit a report to the department regarding its implementation of the requirements of this section. The report shall include, but shall not be limited to, both of the following:
~~(A)Copies of the presentation described in paragraph (1), minutes from the meeting, and attendee comments.~~
~~(B)The regional center’s recommendations and plans to use the information to address regional center priorities, strategic directions to improve specific areas of performance, or both.~~
~~(i)All reports generated pursuant to this section shall be made publicly available, but shall not contain any personal identifying information about any person assessed.~~
~~(j)All data collected pursuant to subdivision (c) shall be provided to the state council, but shall not contain personal identifying information about the persons being surveyed.~~
~~(k)Implementation of this section shall be subject to an annual appropriation of funds in the Budget Act for this purpose.~~
(l)By March 1, 2025, the department shall advise the policy and budget subcommittees of the Legislature describing the extent to which the requirements of this section have been met, including the surveying of all consumers, including those with no purchase of services, and providing specific steps and the schedule by which these requirements will be met.

SEC. 3.Section 4622 of the Welfare and Institutions Code is amended to read:
4622.
~~The state shall contract only with agencies, the governing boards of which conform to all of the following criteria:~~
~~(a)The governing board shall be composed of individuals with demonstrated interest in, or knowledge of, developmental disabilities.~~
(b)The membership of the governing board shall include persons with legal, management or board governance, financial, and developmental disability program expertise. Board governance expertise may not be acquired solely by serving on a regional center board. The governing board of the regional center shall include members with financial expertise and members with management or board governance expertise by August 15, 2020.
~~(c)The membership of the governing board shall include representatives of the various categories of disability to be served by the regional center.~~
~~(d)The governing board shall reflect the geographic and ethnic characteristics of the area to be served by the regional center.~~
(e)A minimum of 50 percent of the members of the governing board shall be persons with developmental disabilities or their parents or legal guardians. No less than 25 percent of the members of the governing board shall be persons with developmental disabilities.
~~(f)(1)Members of the governing board shall not be permitted to serve more than seven years within each eight-year period.~~
(2)The board nominating committee shall solicit interests and nominations from the broader community through outreach. The committee shall interview candidates for the board and make recommendations to the governing board for election. During the meeting at which the board elects new members, a candidate may be nominated by a board member with a second by another board member for the open positions. A regional center executive director shall be prohibited from any involvement in the recruitment or election of governing board members.
(g)(1)The department shall provide necessary training and support to these board members to facilitate their understanding and participation, including issues relating to linguistic and cultural competency. The training shall be developed with community input, including persons served and family members. Ongoing support by the department shall include surveying board members about their ability to meaningfully participate in, and understand the subjects and votes at, board meetings. If board members report that they are unable to meaningfully participate, the department shall work with the regional center and the board member to ensure adequate and appropriate accommodations are provided.
(2)As part of its monitoring responsibility, the department shall review and approve the method by which training and support are provided to board members to ensure maximum understanding and participation by board members.
~~(3)Each regional center shall post on its internet website information regarding the training and support provided to board members.~~
(h)The governing board may appoint a consumers’ advisory committee composed of persons with developmental disabilities representing the various categories of disability served by the regional center.
(i)The governing board shall appoint an advisory committee composed of a wide variety of persons representing the various categories of providers from which the regional center purchases client services. The advisory committee shall provide advice, guidance, recommendations, and technical assistance to the regional center board in order to assist the regional center in carrying out its mandated functions. The advisory committee shall designate one of its members to serve as a member of the regional center board.
(j)(1)The governing board shall annually review the performance of the director of the regional center. The department shall establish guidelines for governing boards to measure executive director performance, including with respect to issues of equity and diversity.
(2)The governing board shall annually review the performance of the regional center in providing services that are linguistically and culturally appropriate and may provide recommendations to the director of the regional center based on the results of that review.
~~(k)A member of the board who is an employee or member of the governing board of a provider from which the regional center purchases client services shall not do any of the following:~~
~~(1)Serve as an officer of the board.~~
~~(2)Vote on any fiscal matter affecting the purchase of services from any regional center provider.~~
(3)Vote on any issue other than as described in paragraph (2), in which the member has a financial interest, as defined in Section 87103 of the Government Code, and determined by the regional center board. The member shall provide a list of the member’s financial interests, as defined in Section 87103, to the regional center board.
(l)The department shall establish, and each board shall adopt, an antiretaliation policy for board members that requires department approval for any reduction in services for consumer board members or the family member of family board members.
~~(m)The department shall establish and adopt a grievance procedure whereby a governing board member who has concerns, complaints, or questions may contact a specific executive at the department.~~
~~(n)This section does not prevent the appointment to a regional center governing board of a person who meets the criteria for more than one of the categories listed above.~~

SEC. 2.
(a) The Legislature finds and declares as follows:
(1) The State Department of Developmental Services is responsible for overseeing the coordination and delivery of services and care of individuals with intellectual and developmental disabilities through the Lanterman Developmental Disabilities Services Act.
(2) More than 450,000 Californians with developmental disabilities currently receive services and support funded by the department.
(3) The department contracts with 21 regional centers throughout California to coordinate service provisions to these individuals. These regional centers are private, nonprofit corporations that receive funding allocated by the Legislature and are overseen by the department. For the 2024–25 fiscal year, the state budget allocated fifteen billion three hundred million dollars ($15,300,000,000) to fund regional center services and operations statewide out of fifteen billion eight hundred million dollars ($15,800,000,000) appropriated for the entire program.
(4) California regional centers assert that they are not subject to the California Public Records Act because they are not state entities.
(5) The Legislature has included in the California Public Records Act nongovernmental entities, such as charter schools, that receive public funds and provide core governmental services.
(6) Without formal access to regional center information, there is a significant gap into the transparency of regional center operations and their budgets that makes it difficult to identify and change operational policies and practices generally, and in particular, those that disproportionally restrict services to communities of color.
(7) Regional centers carry out core governmental functions, and the limited statutory disclosure provisions that exist in the Lanterman Developmental Disabilities Services Act do not provide significant detail into the overall operation and spending of regional centers and their service authorization decisions.
(8) California has a strong policy preference in favor of providing public access to government records. Access to information concerning the conduct of the people’s business is a fundamental and necessary right of every person in this state. (Gov. Code, Sec. 7921.000.) In 2004, the right of public access was enshrined in the California Constitution with the passage of Proposition 59, which amended the California Constitution to specifically protect the right of the public to access and obtain government records, stating that “[t]he people have the right of access to information concerning the conduct of the people’s business, and . . . the writings of public officials and agencies shall be open to public scrutiny.” Ten years later, voters approved Proposition 42 to further increase public access to government records by requiring local agencies to comply with the California Public Records Act, and with any future amendments to the act, as provided. (Cal. Const., Art. I, Sec. 3(b)(7).)
(9) Regional centers receive the totality of their funding from the state and federal governments, which exceeds fifteen billion dollars ($15,000,000,000) in the 2024–25 fiscal year, for the purpose of providing services for Californians with developmental disabilities, and these services are a core governmental function and should be conducted in the open.
(b) It is the intent of the Legislature in enacting this act to ensure that all California regional centers are fully subject to the California Public Records Act in providing services to nearly 500,000 Californians with disabilities and their families, particularly since recent California State Auditor and Little Hoover Commission reports have found that stronger state oversight and transparency are needed to improve the quality and effectiveness of developmental services in California.

SEC. 3.

Section 4581 of the Welfare and Institutions Code is amended to read:

4581.

(a) The Secretary of California Health and Human Services, in coordination with the State Department of Developmental Services, shall lead the development and implementation of the master plan for developmental services referenced in Governor Gavin Newsom’s January 2024 Budget proposal and in the subsequent proclamation by the Governor that declared March 2024 as Developmental Disabilities Awareness Month.

(b) Other state entities that interact with the State Department of Developmental Services shall be included in discussions with the Master Plan for Developmental Services Committee as applicable. These entities shall include, but not be limited to, the State Department of Health Care Services, the State Department of Social Services, the Department of Rehabilitation, the California Department of Aging, the State Department of Education, and the agencies listed in subdivision (f).

(c) The Secretary of California Health and Human Services shall solicit input through the committee, or through other means, from individuals with intellectual and developmental disabilities and their families, professionals in the developmental services field, and a broad range of subject matter ~~experts.~~ experts on topics that may include, but are not limited to, regional center board accountability and transparency and the evaluation of regional centers, including performance, equity, and diversity.

(d) When the California Health and Human Services Agency convenes meetings of the master plan committee, the information and materials about the work of the master plan committee shall be posted on the California Health and Human Services Agency’s internet website in a timely manner.

(e) By March 15, 2025, the Secretary of California Health and Human Services shall submit an initial report to the Governor and the Legislature that summarizes the recommended components of the master plan resulting from the master plan committee advisory process, the community roundtable discussions, and the public comment received.

(f) The secretary and the director shall work with other state agencies and departments, as necessary, to identify policies, efficiencies, and strategies necessary to implement the master plan, which may include any of the following:

(1) The California Health and Human Services Agency.

(2) The Government Operations Agency.

(3) The State Department of Education.

(4) The Labor and Workforce Development Agency.

(5) The Transportation Agency.

(6) The Business, Consumer Services, and Housing Agency.

(7) The Behavioral Health Services Oversight and Accountability Commission.

(8) The office of the Treasurer.

(g) The workgroup shall solicit input from stakeholders and gather information on the experiences of Californians with intellectual and developmental disabilities and their families in the implementation process of the master plan.

(h) The Secretary of California Health and Human Services shall submit master plan implementation updates to the Governor and the Legislature annually beginning March 15, 2026, to March 15, 2036, inclusive. The updates shall include, but are not limited to, identification of any statutory changes, funding requirements, and changes to the department’s new case management system considered necessary to effectively implement the plan.

(i) Any funding needed to support program enhancements proposed in the master plan is subject to an appropriation by the Legislature for those purposes.

(j) A report to be submitted pursuant to this section shall be submitted in compliance with Section 9795 of the Government Code.

SEC. 4.

Section 4626.5 of the Welfare and Institutions Code is amended to read:

4626.5.

Each regional center shall submit a conflict-of-interest policy to the department by July 1, 2011, and shall post the policy on its internet website by August 1, 2011. The policy shall do, or comply with, all of the following:

(a) Contain the elements of this section and be consistent with applicable law.

(b) Define conflicts of interest.

(d) Facilitate disclosure of information to identify conflicts of interest.

(e) Require candidates for nomination, election, or appointment to a regional center board, and applicants for regional center director to disclose any potential or present conflicts of interest prior to being appointed, elected, or confirmed for hire by the regional center or the regional center governing board.

(f) Require the regional center and its governing board to regularly and consistently monitor and enforce compliance with its conflict-of-interest policy.

(g) Prohibit a regional center employee from accepting a gift or gifts from a service provider, consumer, or consumer’s family member valued over fifteen dollars ($15) per year.

(h) Establish a policy prohibiting regional center senior staff from hiring relatives at the center or any ancillary foundation and organization. The policy shall be included in the regional center contract and shall be included in training of the governing board.

SEC. 5.Section 4629.1 is added to the Welfare and Institutions Code, to read:
4629.1.
(a)Notwithstanding any other law, the evaluation of regional center performance shall be implemented using a common set of performance measures administered by the department in conformance with the performance requirements under the regional center contracts pursuant to Section 4629, the performance incentives established under Section 4620.5, and the quality assessment instrument required under Section 4571. These measures shall be annually reported and made available to the public through posting of the measures results in machine-readable formats.
(b)(1)By July 1, 2025, the department shall establish standards for each of the performance measures to support the provisions of subdivision (d) of Section 4629. The standards shall consist of benchmarks above which indicate good performance and a regional center may be eligible to receive rewards for good performance, and minimum benchmarks below which a regional center shall undertake efforts to improve. The department may offer technical assistance and training to regional centers not meeting performance measures from the department either directly or through subject matter experts and may facilitate the sharing of expertise and other resources from other regional centers that have met the performance measures.
~~(2)The department, in consultation with stakeholders, including consumers and family members, shall annually establish, update, and review the established benchmarks.~~

SEC. 6.SEC. 5.

Section 4639.76 is added to the Welfare and Institutions Code, to read:

4639.76.

(a) A regional center with which the department maintains a contract pursuant to Section 4629 shall be subject to the California Public Records Act (Chapter 1 (commencing with Section 7920.000) of Division 10 of Title 1 of the Government Code).

(b) This section shall become operative on January 1, ~~2025.~~ 2026.

SEC. 7.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 an infant with a developmental disability shall be eligible for initial intake and assessment services in the regional centers. In addition, any infant having a high risk of becoming developmentally disabled may be eligible for initial intake and assessment services in the regional centers. For purposes of this section, “high-risk infant” means a child less than 36 months of age whose genetic, medical, or environmental history is predictive of a substantially greater risk for developmental disability than that for the general population. The department, in consultation with the State Department of Public Health, shall develop specific risk and service criteria for the high-risk infant program on or before July 1, 1983. These criteria may be modified in subsequent years based on analysis of actual clinical experience.
(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 shall also include a decision to provide assessment.
(B)For purposes of this section, “request for assistance” includes 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, and the individual’s eligibility to receive them.
(3)(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 reasonably culturally competent for diverse racial and ethnic communities, including immigrants and Native Americans, 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, including the appeals procedures specified in Chapter 7 (commencing with Section 4700).~~
(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).
~~(v)Information on the Self-Determination Program, including the eligibility requirements specified in subdivision (d) of Section 4685.8.~~
(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 reasonable cultural competency, including Native American cultural competency, with the consumer and the consumer’s family pursuant to this section in their native language, including providing alternative communication services and alternative formats, as required by state and federal law.
SEC. 8.Section 4646 of the Welfare and Institutions Code is amended to read:
4646.
(a)It is the intent of the Legislature to ensure that the individual program plan and provision of services and supports by the regional center system is centered on the individual and the family of the individual with developmental disabilities and takes into account the needs and preferences of the individual and the family, if appropriate, as well as promoting community integration, independent, productive, and normal lives, and stable and healthy environments. It is the further intent of the Legislature to ensure that goals in any plan allow for innovation and nontraditional service delivery and not be limited by the lack of easily identified services or supports, the provision of services to consumers and their families be effective in meeting the goals stated in the individual program plan, reflect the preferences and choices of the consumer, and reflect the cost-effective use of public resources.
(b)Notwithstanding any other law, the individual program plan, including all assessments, shall be developed through a process of individualized needs determination and person-centered service planning requiring community-based, long-term services and supports to be person-centered, strengths-based, and self-directed. The individual with developmental disabilities and, if appropriate, the individual’s parents, legal guardian or conservator, or authorized representative, shall have the opportunity to actively participate in the development of the plan. The individual shall lead the service planning process to the greatest extent possible.
(c)An individual program plan shall be developed for any person who, following intake and assessment, is found to be eligible for regional center services. These plans shall be completed within 60 days of the completion of the assessment. At the time of intake, the regional center shall inform the consumer and, if appropriate, the consumer’s parents, legal guardian or conservator, or authorized representative, of the services available through the state council and the protection and advocacy agency designated by the Governor pursuant to federal law, and shall provide the address and telephone numbers of those agencies.
(d)(1)As part of the initial individual program plan meeting and each review required by subdivision (b) of Section 4646.5, the consumer or, if appropriate, their parents, legal guardian, conservator, or authorized representative, shall be provided by the service coordinator oral and written information about the Self-Determination Program. The information shall include each of the provisions specified in subdivision (d) of Section 4685.8. Each individual program plan shall include a provision stating that the consumer or authorized representative was informed about the availability of the Self-Determination Program. If the consumer chooses not to participate in the program, the individual program plan shall include an explanation of the reason or reasons for that decision, or, if the consumer is ineligible for the program, the reason or reasons for that ineligibility.
(2)If the consumer is interested in participating in the program or wants additional information or assistance, the service coordinator, within five business days of expressing the interest, shall provide the consumer a date for the Self-Determination Program orientation, training resources, dates of local volunteer Self-Determination Program advisory committee meetings, and other information to assist the consumer in participating in the program.
(e)Individual program plans shall be prepared jointly by the planning team. Decisions concerning the consumer’s goals, objectives, and services and supports that will be included in the consumer’s individual program plan and purchased by the regional center or obtained from generic agencies shall be made by agreement between the regional center representative and the consumer or, if appropriate, the parents, legal guardian, conservator, or authorized representative at the program plan meeting.
(f)Regional centers shall comply with the request of a consumer or, if appropriate, the request of the consumer’s parents, legal guardian, conservator, or authorized representative, that a designated representative receive written notice of all meetings to develop or revise the individual program plan and of all notices sent to the consumer pursuant to Section 4710. The designated representative may be a parent or family member.
(g)Notwithstanding any other law, until June 30, 2024, a meeting regarding the provision of services and supports by the regional center, including a meeting to develop or revise the individual program plan, shall be held by remote electronic communications if requested by the consumer or, if appropriate, if requested by the consumer’s parents, legal guardian, conservator, or authorized representative.
(h)At the conclusion of an individual program plan meeting, an authorized representative of the regional center shall provide to the consumer, in written or electronic format, a list of the agreed-upon services and supports, and, if known, the projected start date, the frequency and duration of the services and supports, and the provider. The authorized representative of the regional center shall sign the list of agreed-upon services and supports at that time. The consumer, or if appropriate, the consumer’s parent, legal guardian, conservator, or authorized representative shall sign the list of agreed-upon services and supports prior to its implementation. The consumer, or if appropriate, the consumer’s parent, legal guardian, conservator, or authorized representative, may elect to delay receipt of the list of agreed-upon services and supports pending final agreement, as described in subdivision (i). If the consumer, or if appropriate, the consumer’s parent, legal guardian, conservator, or authorized representative, elects to delay the receipt of the list of agreed-upon services and supports for 15 days, the list shall be provided in the preferred language of the consumer, or of the consumer’s parent, legal guardian, or authorized representative.
(i)If a final agreement regarding the services and supports to be provided to the consumer cannot be reached at a program plan meeting, then a subsequent program plan meeting shall be convened within 15 days, or later at the request of the consumer or, if appropriate, the parents, legal guardian, conservator, or authorized representative or if agreed to by the planning team. The list of the agreed-upon services and supports described in subdivision (h) and signed by the authorized representative of the regional center shall be provided, in writing or electronically, at the conclusion of the subsequent program plan meeting, and shall be provided in the preferred language of the consumer, or of the consumer’s parent, legal guardian, conservator, or authorized representative. Additional program plan meetings may be held with the agreement of the regional center representative and the consumer or, if appropriate, the parents, legal guardian, conservator, or authorized representative.
(j)An authorized representative of the regional center and the consumer or, if appropriate, the consumer’s parent, legal guardian, conservator, or authorized representative shall sign the individual program plan and the list of the agreed-upon services and supports prior to its implementation. If the consumer or, if appropriate, the consumer’s parent, legal guardian, conservator, or authorized representative, does not agree with all components of the individual program plan, the consumer may indicate that disagreement on the plan. Disagreement with specific plan components shall not prohibit the implementation of services and supports agreed to by the consumer or, if appropriate, the consumer’s parent, legal guardian, conservator, or authorized representative. If the consumer or, if appropriate, the consumer’s parent, legal guardian, conservator, or authorized representative, does not agree with the plan in whole or in part, the consumer shall be sent written notice of their appeal rights, as required by Sections 4701 and 4710.
(k)(1)A regional center shall communicate in the consumer’s preferred language, or, if appropriate, the preferred language of the consumer’s family, legal guardian, conservator, or authorized representative, during the planning process for the individual program plan, including during the program plan meeting, and including providing alternative communication services, as required by Sections 11135 to 11139.8, inclusive, of the Government Code and implementing regulations.
(2)A regional center shall provide alternative communication services, including providing copies of the list of services and supports, and the individual program plan in the preferred language of the consumer or the consumer’s family, legal guardian, conservator, or authorized representative, or both, as required by Sections 11135 to 11139.8, inclusive, of the Government Code and implementing regulations.
~~(3)The preferred language of the consumer or the consumer’s family, legal guardian, conservator, or authorized representative, or both, shall be documented in the individual program plan.~~
SEC. 8.5.Section 4646 of the Welfare and Institutions Code is amended to read:
4646.
(a)It is the intent of the Legislature to ensure that the individual program plan and provision of services and supports by the regional center system is centered on the individual and the family of the individual with developmental disabilities and takes into account the needs and preferences of the individual and the family, if appropriate, as well as promoting community integration, independent, productive, and normal lives, and stable and healthy environments. It is the further intent of the Legislature to ensure that goals in any plan allow for innovation and nontraditional service delivery and not be limited by the lack of easily identified services or supports, the provision of services to consumers and their families be effective in meeting the goals stated in the individual program plan, reflect the preferences and choices of the consumer, and reflect the cost-effective use of public resources.
(b)Notwithstanding any other law, the individual program plan, including all assessments, shall be developed through a process of individualized needs determination and person-centered service planning requiring community-based, long-term services and supports to be person-centered, strengths-based, and self-directed. The individual with developmental disabilities and, if appropriate, the individual’s parents, legal guardian or conservator, or authorized representative, shall have the opportunity to actively participate in the development of the plan. The individual shall lead the service planning process to the greatest extent possible.
(c)An individual program plan shall be developed for any person who, following intake and assessment, is found to be eligible for regional center services. These plans shall be completed within 60 days of the completion of the assessment. At the time of intake, the regional center shall inform the consumer and, if appropriate, the consumer’s parents, legal guardian or conservator, or authorized representative, of the services available through the state council and the protection and advocacy agency designated by the Governor pursuant to federal law, and shall provide the address and telephone numbers of those agencies.
(d)(1)As part of the initial individual program plan meeting and each review required by subdivision (b) of Section 4646.5, the consumer or, if appropriate, their parents, legal guardian, conservator, or authorized representative, shall be provided by the service coordinator oral and written information about the Self-Determination Program. The information shall include each of the provisions specified in subdivision (d) of Section 4685.8. Each individual program plan shall include a provision stating that the consumer or authorized representative was informed about the availability of the Self-Determination Program. If the consumer chooses not to participate in the program, the individual program plan shall include an explanation of the reason or reasons for that decision, or, if the consumer is ineligible for the program, the reason or reasons for that ineligibility.
(2)If the consumer is interested in participating in the program or wants additional information or assistance, the service coordinator, within five business days of expressing the interest, shall provide the consumer a date for the Self-Determination Program orientation, training resources, dates of local volunteer Self-Determination Program advisory committee meetings, and other information to assist the consumer in participating in the program.
(e)Individual program plans shall be prepared jointly by the planning team. Decisions concerning the consumer’s goals, objectives, and services and supports that will be included in the consumer’s individual program plan and purchased by the regional center or obtained from generic agencies shall be made by agreement between the regional center representative and the consumer or, if appropriate, the parents, legal guardian, conservator, or authorized representative at the program plan meeting.
(f)Regional centers shall comply with the request of a consumer or, if appropriate, the request of the consumer’s parents, legal guardian, conservator, or authorized representative, that a designated representative receive written notice of all meetings to develop or revise the individual program plan and of all notices sent to the consumer pursuant to Section 4710. The designated representative may be a parent or family member.
(g)Notwithstanding any other law, until June 30, 2024, a meeting regarding the provision of services and supports by the regional center, including a meeting to develop or revise the individual program plan, shall be held by remote electronic communications if requested by the consumer or, if appropriate, if requested by the consumer’s parents, legal guardian, conservator, or authorized representative.
(h)At the conclusion of an individual program plan meeting, an authorized representative of the regional center shall provide to the consumer, in written or electronic format, a list of the agreed-upon services and supports, and, if known, the projected start date, the frequency and duration of the services and supports, and the provider. The authorized representative of the regional center shall sign the list of agreed-upon services and supports at that time. The consumer, or if appropriate, the consumer’s parent, legal guardian, conservator, or authorized representative shall sign the list of agreed-upon services and supports prior to its implementation. The consumer, or if appropriate, the consumer’s parent, legal guardian, conservator, or authorized representative, may elect to delay receipt of the list of agreed-upon services and supports pending final agreement, as described in subdivision (i). If the consumer, or if appropriate, the consumer’s parent, legal guardian, conservator, or authorized representative, elects to delay the receipt of the list of agreed-upon services and supports for 15 days, the list shall be provided in the preferred language of the consumer, or of the consumer’s parent, legal guardian, or authorized representative.
(i)If a final agreement regarding the services and supports to be provided to the consumer cannot be reached at a program plan meeting, then a subsequent program plan meeting shall be convened within 15 days, or later at the request of the consumer or, if appropriate, the parents, legal guardian, conservator, or authorized representative or if agreed to by the planning team. The list of the agreed-upon services and supports described in subdivision (h) and signed by the authorized representative of the regional center shall be provided, in writing or electronically, at the conclusion of the subsequent program plan meeting, and shall be provided in the preferred language of the consumer, or of the consumer’s parent, legal guardian, conservator, or authorized representative. Additional program plan meetings may be held with the agreement of the regional center representative and the consumer or, if appropriate, the parents, legal guardian, conservator, or authorized representative.
(j)An authorized representative of the regional center and the consumer or, if appropriate, the consumer’s parent, legal guardian, conservator, or authorized representative shall sign the individual program plan and the list of the agreed-upon services and supports prior to its implementation. If the consumer or, if appropriate, the consumer’s parent, legal guardian, conservator, or authorized representative, does not agree with all components of the individual program plan, the consumer may indicate that disagreement on the plan. Disagreement with specific plan components shall not prohibit the implementation of services and supports agreed to by the consumer or, if appropriate, the consumer’s parent, legal guardian, conservator, or authorized representative. If the consumer or, if appropriate, the consumer’s parent, legal guardian, conservator, or authorized representative, does not agree with the plan in whole or in part, the consumer shall be sent written notice of their appeal rights, as required by Sections 4701 and 4710.
(k)(1)A regional center shall communicate in the consumer’s preferred language, or, if appropriate, the preferred language of the consumer’s family, legal guardian, conservator, or authorized representative, during the planning process for the individual program plan, including during the program plan meeting, and including providing alternative communication services, as required by Sections 11135 to 11139, inclusive, of the Government Code and implementing regulations.
(2)A regional center shall provide alternative communication services, including providing copies of the list of services and supports, and the individual program plan in the preferred language of the consumer or the consumer’s family, legal guardian, conservator, or authorized representative, or both, as required by Sections 11135 to 11139, inclusive, of the Government Code and implementing regulations.
~~(3)The preferred language of the consumer or the consumer’s family, legal guardian, conservator, or authorized representative, or both, shall be documented in the individual program plan.~~
SEC. 9.Section 4646.5 of the Welfare and Institutions Code is amended to read:
4646.5.
~~(a)The planning process for the individual program plan described in Section 4646 shall include all of the following:~~
(1)Gathering information and conducting assessments to determine the life goals, capabilities and strengths, preferences, barriers, and concerns or problems of the person with developmental disabilities. For children with developmental disabilities, this process should include a review of the strengths, preferences, and needs of the child and the family unit as a whole. Assessments shall be conducted by qualified individuals and performed in natural environments whenever possible. Information shall be taken from the consumer, the consumer’s parents and other family members, the consumer’s friends, advocates, authorized representative, if applicable, providers of services and supports, and other agencies. The assessment process shall reflect awareness of, and sensitivity to, the lifestyle and cultural background of the consumer and the family.
(2)A statement of goals, based on the needs, preferences, and life choices of the individual with developmental disabilities, and a statement of specific, time-limited objectives for implementing the person’s goals and addressing the person’s needs. These objectives shall be stated in terms that allow measurement of progress or monitoring of service delivery. These goals and objectives should maximize opportunities for the consumer to develop relationships, be part of community life in the areas of community participation, housing, work, school, and leisure, increase control over the consumer’s life, acquire increasingly positive roles in community life, and develop competencies to help accomplish these goals.
~~(3)In developing individual program plans for children, regional centers shall be guided by the principles, process, and services and support parameters set forth in Section 4685.~~
(4)In developing an individual program plan for a transition age youth or working age adult, the planning team shall consider the Employment First Policy described in Chapter 14 (commencing with Section 4868).
(5)A schedule of the type and amount of services and supports to be purchased by the regional center or obtained from generic agencies or other resources in order to achieve the individual program plan goals and objectives, and identification of the provider or providers of service responsible for attaining each objective, including, but not limited to, vendors, contracted providers, generic service agencies, and natural supports. The individual program plan shall specify the approximate scheduled start date for services and supports and shall contain timelines for actions necessary to begin services and supports, including generic services. In addition to the requirements of subdivision (h) of Section 4646, each regional center shall offer, and upon request provide, a written copy of the individual program plan to the consumer, and, if appropriate, the consumer’s parents, legal guardian or conservator, or authorized representative within 45 days of their request in a threshold language, as defined by paragraph (3) of subdivision (a) of Section 1810.410 of Title 9 of the California Code of Regulations.
(6)If agreed to by the consumer, the parents, legally appointed guardian, or authorized representative of a minor consumer, or the legally appointed conservator of an adult consumer or the authorized representative, including those appointed pursuant to subdivision (a) of Section 4541, subdivision (b) of Section 4701.6, and subdivision (e) of Section 4705, a review of the general health status of the adult or child, including medical, dental, and mental health needs, shall be conducted. This review shall include a discussion of current medications, any observed side effects, and the date of the last review of the medication. Service providers shall cooperate with the planning team to provide any information necessary to complete the health status review. If any concerns are noted during the review, referrals shall be made to regional center clinicians or to the consumer’s physician, as appropriate. Documentation of health status and referrals shall be made in the consumer’s record by the service coordinator.
~~(7)(A)The development of a transportation access plan for a consumer when all of the following conditions are met:~~
(i)The regional center is purchasing private, specialized transportation services or services from a residential, day, or other provider, excluding vouchered service providers, to transport the consumer to and from day or work services.
~~(ii)The planning team has determined that a consumer’s community integration and participation could be safe and enhanced through the use of public transportation services.~~
~~(iii)The planning team has determined that generic transportation services are available and accessible.~~
(B)To maximize independence and community integration and participation, the transportation access plan shall identify the services and supports necessary to assist the consumer in accessing public transportation and shall comply with Section 4648.35. These services and supports may include, but are not limited to, mobility training services and the use of transportation aides. Regional centers are encouraged to coordinate with local public transportation agencies.
(8)A schedule of regular periodic review and reevaluation to ascertain that planned services have been provided, that objectives have been fulfilled within the times specified, and that consumers and families are satisfied with the individual program plan and its implementation.
(b)For all active cases, individual program plans shall be reviewed and modified by the planning team, through the process described in Section 4646, as necessary, in response to the person’s achievement or changing needs, and no less often than once every 24 months. If the consumer or, if appropriate, the consumer’s parents, legal guardian, authorized representative, or conservator requests an individual program plan review, the individual program plan shall be reviewed within 30 days after the request is submitted, or no later than 7 days after the request is submitted if necessary for the consumer’s health and safety or to maintain the consumer in their home.
(c)(1)The department, with the participation of representatives of a statewide consumer organization, the Association of Regional Center Agencies, an organized labor organization representing service coordination staff, and the state council shall prepare training material and a standard format and instructions for the preparation of individual program plans, which embody an approach centered on the person and family.
~~(2)Each regional center shall use the training materials and format prepared by the department pursuant to paragraph (1).~~
(3)The department shall biennially review a random sample of individual program plans at each regional center to ensure that these plans are being developed and modified in compliance with Section 4646 and this section.

SEC. 10.SEC. 6.

Section 4726 of the Welfare and Institutions Code is amended to read:

4726.

Notwithstanding any other law, access to records regarding an applicant for, or recipient of, services shall be provided, upon request, to the applicant, recipient, or their authorized representative, including the person appointed as a developmental services decisionmaker pursuant to Section 319, 361, or 726, for any purpose, including, but not limited to, the appeal process under this chapter, unless disclosure of the record is expressly prohibited by law.

SEC. 11.
Section 8.5 of this bill incorporates amendments to Section 4646 of the Welfare and Institutions Code proposed by both this bill and Senate Bill 447. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2024, (2) each bill amends Section 4646 of the Welfare and Institutions Code, and (3) this bill is enacted after Senate Bill 447, in which case Section 8 of this bill shall not become operative.