Bill Text: CA AB2204 | 2009-2010 | Regular Session | Amended

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

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Bill Title: Developmental services: stakeholder groups.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Engrossed - Dead) 2010-08-12 - In committee: Held under submission. [AB2204 Detail]

Download: California-2009-AB2204-Amended.html

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BILL NUMBER: AB 2204	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 15, 2010

INTRODUCED BY   Assembly Member Beall
    (   Coauthors:   Assembly Members 
 Blumenfield   and Portantino   ) 
    (   Coauthor:   Senator   Alquist
  ) 

                        FEBRUARY 18, 2010

   An act to amend Section 4512 of, and to add Section 4512.5 to, the
Welfare and Institutions Code, relating to developmental services.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2204, as amended, Beall. Developmental services: stakeholder
groups.
   Under existing law, the Lanterman Developmental Disabilities
Services Act, the State Department of Developmental Services
contracts with local nonprofit regional centers to provide various
services and supports to individuals with developmental disabilities.
The department is required to consult with stakeholders for various
reasons, including, but not limited to, coordinating client advocacy,
planning programs, and creating alternative service delivery models
to obtain services and supports.
   This bill would require the department, in convening stakeholder
groups pursuant to the act, to take into account the state's ethnic,
geographic, and socioeconomic diversity and to use best efforts to
include stakeholder groups that, collectively, reflect the interests
of the state's diverse population. The bill would also require the
department to include in appropriate reports to the Legislature a
description of how it has complied with the requirement of
stakeholder group diversity.
   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.  Section 4512 of the Welfare and Institutions Code is
amended to read:
   4512.  As used in this division:
   (a) "Developmental disability" means a disability that originates
before an individual attains age 18 years, continues, or can be
expected to continue, indefinitely, and constitutes a substantial
disability for that individual. As defined by the Director of
Developmental Services, in consultation with the Superintendent of
Public Instruction, this term shall include mental retardation,
cerebral palsy, epilepsy, and autism. This term shall also include
disabling conditions found to be closely related to mental
retardation or to require treatment similar to that required for
individuals with mental retardation, but shall not include other
handicapping conditions that are solely physical in nature.
   (b) "Services and supports for persons with developmental
disabilities" means specialized services and supports or special
adaptations of generic services and supports directed toward the
alleviation of a developmental disability or toward the social,
personal, physical, or economic habilitation or rehabilitation of an
individual with a developmental disability, or toward the achievement
and maintenance of independent, productive, normal lives. The
determination of which services and supports are necessary for each
consumer shall be made through the individual program plan process.
The determination shall be made on the basis of the needs and
preferences of the consumer or, when appropriate, the consumer's
family, and shall include consideration of a range of service options
proposed by individual program plan participants, the effectiveness
of each option in meeting the goals stated in the individual program
plan, and the cost-effectiveness of each option. Services and
supports listed in the individual program plan may include, but are
not limited to, diagnosis, evaluation, treatment, personal care, day
care, domiciliary care, special living arrangements, physical,
occupational, and speech therapy, training, education, supported and
sheltered employment, mental health services, recreation, counseling
of the individual with a developmental disability and of his or her
family, protective and other social and sociolegal services,
information and referral services, follow-along services, adaptive
equipment and supplies, advocacy assistance, including self-advocacy
training, facilitation and peer advocates, assessment, assistance in
locating a home, child care, behavior training and behavior
modification programs, camping, community integration services,
community support, daily living skills training, emergency and crisis
intervention, facilitating circles of support, habilitation,
homemaker services, infant stimulation programs, paid roommates, paid
neighbors, respite, short-term out-of-home care, social skills
training, specialized medical and dental care, supported living
arrangements, technical and financial assistance, travel training,
training for parents of children with developmental disabilities,
training for parents with developmental disabilities, vouchers, and
transportation services necessary to ensure delivery of services to
persons with developmental disabilities. Nothing in this subdivision
is intended to expand or authorize a new or different service or
support for any consumer unless that service or support is contained
in his or her individual program plan.
   (c) Notwithstanding subdivisions (a) and (b), for any organization
or agency receiving federal financial participation under the
federal Developmental Disabilities Assistance and Bill of Rights Act,
as amended "developmental disability" and "services for persons with
developmental disabilities" means the terms as defined in the
federal act to the extent required by federal law.
   (d) "Consumer" means a person who has a disability that meets the
definition of developmental disability set forth in subdivision (a).
   (e) "Natural supports" means personal associations and
relationships typically developed in the community that enhance the
quality and security of life for people, including, but not limited
to, family relationships, friendships reflecting the diversity of the
neighborhood and the community, associations with fellow students or
employees in regular classrooms and workplaces, and associations
developed through participation in clubs, organizations, and other
civic activities.
   (f) "Circle of support" means a committed group of community
members, who may include family members, meeting regularly with an
individual with developmental disabilities in order to share
experiences, promote autonomy and community involvement, and assist
the individual in establishing and maintaining natural supports. A
circle of support generally includes a plurality of members who
neither provide nor receive services or supports for persons with
developmental disabilities and who do not receive payment for
participation in the circle of support.
   (g) "Facilitation" means the use of modified or adapted materials,
special instructions, equipment, or personal assistance by an
individual, such as assistance with communications, that will enable
a consumer to understand and participate to the maximum extent
possible in the decisions and choices that  effect 
 affect  his or her life.
   (h) "Family support services" means services and supports that are
provided to a child with developmental disabilities or his or her
family and that contribute to the ability of the family to reside
together.
   (i) "Voucher" means any authorized alternative form of service
delivery in which the consumer or family member is provided with a
payment, coupon, chit, or other form of authorization that enables
the consumer or family member to choose his or her own service
provider.
   (j) "Planning team" means the individual with developmental
disabilities, the parents or legally appointed guardian of a minor
consumer or the legally appointed conservator of an adult consumer,
the authorized representative, including those appointed pursuant to
subdivision (d) of Section 4548 and subdivision (e) of Section 4705,
one or more regional center representatives, including the designated
regional center service coordinator pursuant to subdivision (b) of
Section 4640.7, any individual, including a service provider, invited
by the consumer, the parents or legally appointed guardian of a
minor consumer or the legally appointed conservator of an adult
consumer, or the authorized representative, including those appointed
pursuant to subdivision (d) of Section 4548 and subdivision (e) of
Section 4705. 
   (k) "Stakeholder organizations" or "stakeholder groups" means
statewide advocacy organizations and organizations representing the
interests of consumers, family members, and service providers.
 
   (k) "Stakeholder organization" or "stakeholder group" means an
organization representing the interests of consumers, family members,
or service providers, or a statewide advocacy organization. 
   (l) "Substantial disability" means the existence of significant
functional limitations in three or more of the following areas of
major life activity, as determined by a regional center, and as
appropriate to the age of the person:
   (1) Self-care.
   (2) Receptive and expressive language.
   (3) Learning.
   (4) Mobility.
   (5) Self-direction.
   (6) Capacity for independent living.
   (7) Economic self-sufficiency.
   Any reassessment of substantial disability for purposes of
continuing eligibility shall utilize the same criteria under which
the individual was originally made eligible.
  SEC. 2.  Section 4512.5 is added to the Welfare and Institutions
Code, to read:
   4512.5.  (a) In convening stakeholder groups pursuant to this
division, the department shall take into account the  state's
  state's  ethnic, geographic, and socioeconomic
diversity and shall use best efforts to include stakeholder groups
that, collectively, reflect the interests of the state's diverse
population.
   (b) In preparing  any  reports required to be
submitted to the Legislature pursuant to this division, the
department shall, when applicable, include a description of how it
has complied with this section with respect to stakeholder group
diversity.