Bill Text: CA SB1012 | 2011-2012 | Regular Session | Amended
Bill Title: Developmental services.
Spectrum: Unknown
Status: (Engrossed - Dead) 2012-06-14 - Withdrawn from committee. (Ayes 47. Noes 25. Page 5301.) Ordered to second reading. Read second time. Ordered to third reading. [SB1012 Detail]
Download: California-2011-SB1012-Amended.html
BILL NUMBER: SB 1012 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 13, 2012
INTRODUCED BY Committee on Budget and Fiscal Review
FEBRUARY 6, 2012
An act relating to the Budget Act of 2012.
An act to amend Section 95004 of the Government Code, to amend
Sectio n 1531.1 of, and to add Sections 1267.75 and
1531.15 to, the Health and Safety Code, to amend Sections 4418.25,
4418.7, 4507, 4519, 4640.6, 4648, 4684.53, 4684.65, 4684.74, 4689,
4791, 6000, 6500, 6501, 6502, 6504, 6504.5, 6506, 6507, 6508, 6509,
6511, 6512, 7502.5, and 7507 of, and to add Sections 4519.5, 4792.1,
6510.5, and 7505 to, the Welfare and Institutions Code, and to amend
Section 10 of Chapter 13 of the Third Extraordinary Session of the
Statutes of 2009, relating to developmental services, and making an
appropriation therefor, to take effect immediately, bill related to
the budget.
LEGISLATIVE COUNSEL'S DIGEST
SB 1012, as amended, Committee on Budget and Fiscal Review.
Budget Act of 2012. Developmental services.
Existing law, the California Early Intervention Services Act,
provides a statewide system of coordinated, comprehensive,
family-centered, multidisciplinary, and interagency programs that are
responsible for providing appropriate early intervention services
and support to all eligible infants and toddlers, as defined, and
their families. The act requires these services to be provided
pursuant to the existing regional center system under the Lanterman
Developmental Disabilities Services Act, and further requires the
regional centers to comply with that act and its implementing
regulations, as specified.
This bill would provide that the use of private health insurance
or a health care service plan to pay for early intervention services
may not result in the loss of specified benefits for the covered
individual or family, may not negatively affect the availability of
health coverage for the covered individual or family, and may not be
the basis for increasing health insurance or health care service plan
premiums for the covered individual or family, as specified.
Existing law authorizes a residential facility licensed as an
adult residential facility, group home, small family home, foster
family home, or a family home certified by a foster family agency,
that serves individuals with developmental disabilities, to install
and utilize delayed egress devices, as defined.
This bill would additionally authorize a licensee of an adult
residential facility or group home, that is utilizing delayed egress
devices, and that serves individuals with developmental disabilities,
to install and utilize secured perimeters, as defined, in accordance
with specified provisions. This bill would also authorize a licensee
of an intermediate care facility/developmentally disabled
habilitative, as defined, and an intermediate care
facility/developmentally disabled, as defined, to utilize delayed
egress devices, as defined, in combination with secured perimeters,
as defined, in accordance with specified provisions.
The Lanterman Developmental Disabilities Services Act authorizes
the State Department of Developmental Services to contract with
regional centers to provide services and supports to individuals with
developmental disabilities. The services and supports to be provided
to a regional center consumer are contained in an individual program
plan (IPP), developed in accordance with prescribed requirements.
Existing law vests in the department jurisdiction over state
hospitals referred to as developmental centers for the provision of
residential care to persons with developmental disabilities.
This bill would revise the provisions governing admission and stay
in developmental centers, including limiting developmental center
admissions for an acute crisis, as defined, to the Fairview
Developmental Center, and limiting admission, generally, to persons
meeting specified criteria. This bill would make related, conforming,
and technical changes.
This bill would require the department to establish a statewide
specialized resource service for the purposes of tracking available
services, and would require regional centers to complete
comprehensive assessments, as specified. This bill would revise
certain provisions relating to out-of-state placements, including
limiting the purchase of out-of-state services to no more than 6
months, except as specified.
This bill would require the department and the regional centers to
annually compile and post specified data on their respective
Internet Web sites. This bill, commencing July 1, 2012, would
prohibit a regional center from purchasing new residential services
from institutions for mental disease, as defined, except as
specified.
Existing law requires the department and regional centers to
ensure that supported living arrangements for adults with
developmental disabilities are made available, as specified. Existing
law requires an independent assessment for consumers receiving
supported living who have supported living service costs that exceed
125% of the annual statewide average cost of supported living
services, as specified.
This bill would delete the latter provision and would instead
require the IPP team to complete a standardized assessment
questionnaire at the time of development, review, or modification of
a consumer's IPP. The bill would require the department to develop
this questionnaire, post it on its Internet Web site, and provide it
to the regional centers by June 30, 2012. The bill would require,
upon a determination of a reduction in services pursuant to these
provisions, that the regional center inform the consumer of the
reason for the determination and provide a written notice of fair
hearing rights, as specified.
Existing law requires regional centers, in order to implement
changes in the level of funding for regional center purchase of
services, to reduce certain payments for services and supports by
4.25% from July 1, 2010, to June 30, 2012, except as specified, and
authorizes the temporary modification of personnel requirements,
functions, or qualifications, or staff training requirements, and
suspends prescribed annual review and reporting requirements for
affected providers, until June 30, 2012.
This bill would require regional centers, commencing July 1, 2012,
until June 30, 2013, to reduce certain payments for services and
supports by 1.25%. The bill would extend the authorization of
temporary modification of personnel requirements, functions, or
qualifications, or staff training requirements, as well as the
suspension of the prescribed annual review and reporting requirements
for affected providers, until June 30, 2013.
Under existing law, regional center contracts require certain
specified staffing levels and expertise, which are suspended from
July 1, 2010, to June 30, 2012.
This bill would suspend those staffing requirements until June 30,
2013.
This bill would, if a condition set forth in a specified provision
of the Budget Act of 2012 is satisfied, state the intent of the
Legislature for the department to identify up to $50,000,000 in
General Fund savings from the developmental services system, as
prescribed. This bill would require the department to consider input
from prescribed stakeholders. This bill would require, as prescribed,
the department to report to the Joint Legislative Budget Committee
within 10 days of the specified reduction as directed within the
Budget Act of 2012.
This bill would appropriate $1,000 from the General Fund to the
State Department of Developmental Services for administration.
This bill would declare that it is to take effect immediately as a
bill providing for appropriations related to the Budget Bill.
This bill would express the intent of the Legislature to enact
statutory changes relating to the Budget Act of 2012.
Vote: majority. Appropriation: no yes
. Fiscal committee: no yes .
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 95004 of the
Government Code , as amended by Section 1 of Chapter 9 of
the Fourth Extraordinary Session of the Statutes of 2009, is
amended to read:
95004. The early intervention services specified in this title
shall be provided as follows:
(a) Direct services for eligible infants and toddlers and their
families shall be provided pursuant to the existing regional center
system under the Lanterman Developmental Disabilities Services Act
(Division 4.5 (commencing with Section 4500) of the Welfare and
Institutions Code) and the existing local education agency system
under appropriate sections of Part 30 (commencing with Section 56000)
of the Education Code and regulations adopted pursuant thereto, and
Part C of the federal Individuals with Disabilities
Education Act (20 U.S.C. Sec. 1431 et seq.).
(b) (1) In providing services under this title, regional centers
shall comply with the Lanterman Developmental Disabilities Services
Act (Division 4.5 (commencing with Section 4500) of the Welfare and
Institutions Code, and its implementing regulations (Division 2
(commencing with Section 50201) of Title 17 of the California Code of
Regulations) including, but not limited to, those provisions
relating to vendorization and ratesetting, and the Family Cost
Participation Program, except where compliance with those provisions
would result in any delays in, the provision of early intervention,
or otherwise conflict with this title and the regulations
implementing this title (Chapter 2 (commencing with Section 52000) of
Division 2 of Title 17 of the California Code of Regulations), or
Part C of the federal Individuals with Disabilities
Education Act (20 U.S.C. Sec. 1431 et seq.), and applicable federal
regulations contained in Part 303 (commencing with Section 303.1) of
Title 34 of the Code of Federal Regulations. Notwithstanding any
other law or regulation to the contrary, a family's
private health insurance for medical services or
a health care service plan identified in the individualized family
service plan, other than for evaluation and assessment, shall be used
in compliance with applicable federal and state law and regulation.
(2) When compliance with this subdivision would result in any
delays in the provision of early intervention services for the
provision of any of these services, the department may authorize a
regional center to use a special service code that allows immediate
procurement of the service.
(c) The use of private health insurance or a health care service
plan to pay for early intervention services under Part C of the
federal Individuals with Disabilities Education Act (20 U.S.C. Sec.
1431 et seq.) shall not:
(1) Count towards or result in a loss of benefits due to the
annual or lifetime health insurance or health care service plan
coverage caps for the infant or toddler with a disability, the
parent, or the child's family members who are covered under that
health insurance policy or health care service plan contract.
(2) Negatively affect the availability of health coverage for the
infant or toddler with a disability, the parent, or the child's
family members who are covered under that health insurance policy or
health care service plan contract, or result in a discontinuance of
the health insurance policy or the health care service plan contract
or coverage under the health insurance policy or health care service
plan contract for these individuals.
(3) Be the basis for increasing the health insurance or health
care service plan premium of the infant or toddler with a disability,
the parent, or the child's family members covered under that health
insurance policy or health care service plan contract.
(c)
(d) Services shall be provided by family resource
centers that provide, but are not limited to, parent-to-parent
support, information dissemination and referral, public awareness,
family professional collaboration activities, and transition
assistance for families.
(d)
(e) Existing obligations of the state to provide these
services at state expense shall not be expanded.
(e)
(f) It is the intent of the Legislature that services
be provided in accordance with Sections 303.124, 303.126, and 303.527
of Title 34 of the Code of Federal Regulations.
SEC. 2. Section 1267.75 is added to the
Health and Safety Code , to read:
1267.75. (a) A licensee of an intermediate care
facility/developmentally disabled habilitative, as defined in
subdivision (e) of Section 1250, or of an intermediate care
facility/developmentally disabled, as defined in subdivision (g) of
Section 1250, for no more than 15 residents, that is eligible for and
serving clients eligible for federal Medicaid funding may, with the
approval of the State Department of Public Health and contingent upon
continued eligibility for federal Medicaid funding, install and
utilize delayed egress devices of the time delay type in combination
with secured perimeters in accordance with the provisions of this
section.
(b) For purposes of this section, the following definitions shall
apply:
(1) "Delayed egress device" means a device that precludes the use
of exits for a predetermined period of time. These devices shall not
delay any resident's departure from the facility for longer than 30
seconds.
(2) "Secured perimeters" means fences that meet the requirements
prescribed by this section.
(c) Only individuals meeting all of the following conditions may
be admitted to or reside in a facility described in subdivision (a)
utilizing delayed egress devices of the time delay type in
combination with secured perimeters:
(1) The person shall have a developmental disability as defined in
Section 4512 of the Welfare and Institutions Code.
(2) The person shall be receiving services and case management
from a regional center under the Lanterman Developmental Disabilities
Services Act (Division 4.5 (commencing with Section 4500) of the
Welfare and Institutions Code).
(3) (A) The person shall be 14 years of age or older.
(B) Notwithstanding subparagraph (A), a child who is at least 10
years of age and less than 14 years of age may be placed in a
licensed facility described in subdivision (a) using delayed egress
devices of the time delay type in combination with secured perimeters
only if both of the following occur:
(i) A comprehensive assessment is conducted and an individual
program plan meeting is convened to determine the services and
supports needed for the child to receive services in a less
restrictive, unlocked residential setting in California, and the
regional center requests assistance from the State Department of
Developmental Service's statewide specialized resource service to
identify options to serve the child in a less restrictive, unlocked
residential setting in California.
(ii) The regional center requests placement of the child in a
facility described in subdivision (a) using delayed egress devices of
the time delay type in combination with secured perimeters on the
basis that the placement is necessary to prevent out-of-state
placement or placement in a more restrictive, locked residential
setting and the State Department of Developmental Services approves
the request.
(4) An interdisciplinary team, through the individual program plan
(IPP) process pursuant to Section 4646.5 of the Welfare and
Institutions Code, shall have determined that the person lacks hazard
awareness or impulse control and, for his or her safety and
security, requires the level of supervision afforded by a facility
equipped with delayed egress devices of the time delay type in
combination with secured perimeters and that, but for this placement,
the person would be at risk of admission to, or would have no option
but to remain in, a more restrictive placement. The individual
program planning team shall determine the continued appropriateness
of the placement at least annually.
(d) The licensee shall be subject to all applicable fire and
building codes, regulations, and standards, and shall receive
approval by the county or city fire department, the local fire
prevention district, or the State Fire Marshal for the installed
devices and secured perimeters.
(e) The licensee shall provide staff training regarding the use
and operation of the delayed egress devices of the time delay type
and secured perimeters, protection of residents' personal rights,
lack of hazard awareness and impulse control behavior, and emergency
evacuation procedures.
(f) The licensee shall revise its facility plan of operation.
These revisions shall first be approved by the State Department of
Developmental Services. The plan of operation shall not be approved
by the State Department of Public Health unless the licensee provides
certification that the plan was approved by the State Department of
Developmental Services. The plan shall include, but not be limited
to, all of the following:
(1) A description of how the facility is to be equipped with
secured perimeters that are consistent with regulations adopted by
the State Fire Marshal pursuant to Section 13143.6.
(2) A description of how the facility will provide training for
staff.
(3) A description of how the facility will ensure the protection
of the residents' personal rights consistent with Sections 4502,
4503, and 4504 of the Welfare and Institutions Code, and any
applicable personal rights provided in Title 22 of the California
Code of Regulations.
(4) A description of how the facility will manage residents' lack
of hazard awareness and impulse control behavior.
(5) A description of the facility's emergency evacuation
procedures.
(g) Delayed egress devices of the time delay type in combination
with secured perimeters shall not substitute for adequate staff.
(h) Emergency fire and earthquake drills shall be conducted on
each shift in accordance with existing licensing requirements, and
shall include all facility staff providing resident care and
supervision on each shift.
(i) Interior and exterior space shall be available on the facility
premises to permit clients to move freely and safely.
(j) For the purposes of using secured perimeters, the licensee
shall not be required to obtain a waiver or exception to a regulation
that would otherwise prohibit the locking of a perimeter fence or
gate.
(k) This section shall become operative only upon the filing of
emergency regulations by the State Department of Developmental
Services. These regulations shall be developed with stakeholders,
including the State Department of Public Health, consumer advocates,
and regional centers. The regulations shall establish program
standards for homes that include delayed egress devices of the time
delay type in combination with secured perimeters, including
requirements and timelines for the completion and updating of a
comprehensive assessment of the consumer's needs, including the
identification through the individual program plan process of the
services and supports needed to transition the consumer to a less
restrictive living arrangement, and a timeline for identifying or
developing those services and supports. The regulations shall
establish a statewide limit on the total number of beds in homes with
delayed egress devices of the time delay type in combination with
secured perimeters. The adoption of these regulations shall be deemed
to be an emergency and necessary for the immediate preservation of
the public peace, health and safety, or general welfare.
(l) This section shall not apply to developmental centers and
state-operated community facilities.
SEC. 3. Section 1531.1 of the Health and
Safety Code is amended to read:
1531.1. (a) A residential facility licensed as an adult
residential facility, group home, small family home, foster family
home, or a family home certified by a foster family agency may
install and utilize delayed egress devices of the time delay type.
(b) As used in this section, "delayed egress device" means a
device that precludes the use of exits for a predetermined period of
time. These devices shall not delay any resident's departure from the
facility for longer than 30 seconds.
(c) Within the 30 seconds of delay, facility staff may attempt to
redirect a resident who attempts to leave the facility.
(d) Any person accepted by a residential facility or family home
certified by a foster family agency utilizing delayed egress devices
shall meet all of the following conditions:
(1) The person shall have a developmental disability as defined in
Section 4512 of the Welfare and Institutions Code.
(2) The person shall be receiving services and case management
from a regional center under the Lanterman Developmental Disabilities
Services Act (Division 4.5 (commencing with Section 4500) of the
Welfare and Institutions Code).
(3) An interdisciplinary team, through the Individual Program Plan
(IPP) process pursuant to Section 4646.5 of the Welfare and
Institutions Code, shall have determined that the person lacks hazard
awareness or impulse control and requires the level of supervision
afforded by a facility equipped with delayed egress devices, and that
but for this placement, the person would be at risk of admission to,
or would have no option but to remain in, a more restrictive state
hospital or state developmental center placement.
(e) The facility shall be subject to all fire and building codes,
regulations, and standards applicable to residential care facilities
for the elderly utilizing delayed egress devices, and shall receive
approval by the county or city fire department, the local fire
prevention district, or the State Fire Marshal for the installed
delayed egress devices.
(f) The facility shall provide staff training regarding the use
and operation of the egress control devices utilized by the facility,
protection of residents' personal rights, lack of hazard awareness
and impulse control behavior, and emergency evacuation procedures.
(g) The facility shall develop a plan of operation approved by the
State Department of Social Services that includes a description of
how the facility is to be equipped with egress control devices that
are consistent with regulations adopted by the State Fire Marshal
pursuant to Section 13143.
(h) The plan shall include, but shall not be limited to, all of
the following:
(1) A description of how the facility will provide training for
staff regarding the use and operation of the egress control devices
utilized by the facility.
(2) A description of how the facility will ensure the protection
of the residents' personal rights consistent with Sections 4502,
4503, and 4504 of the Welfare and Institutions Code.
(3) A description of how the facility will manage the person's
lack of hazard awareness and impulse control behavior.
(4) A description of the facility's emergency evacuation
procedures.
(i) Delayed egress devices shall not substitute for adequate
staff. The Except for facilities operating in
accordance with Section 1531.15, the capacity of the facility
shall not exceed six residents.
(j) Emergency fire and earthquake drills shall be conducted at
least once every three months on each shift, and shall include all
facility staff providing resident care and supervision on each shift.
SEC. 4. Section 1531.15 is added to the
Health and Safety Code , to read:
1531.15. (a) A licensee of an adult residential facility or group
home for no more than 15 residents, that is eligible for and serving
clients eligible for federal Medicaid funding and utilizing delayed
egress devices pursuant to Section 1531.1, may install and utilize
secured perimeters in accordance with the provisions of this section.
(b) As used in this section, "secured perimeters" means fences
that meet the requirements prescribed by this section.
(c) Only individuals meeting all of the following conditions may
be admitted to or reside in a facility described in subdivision (a)
utilizing secured perimeters:
(1) The person shall have a developmental disability as defined in
Section 4512 of the Welfare and Institutions Code.
(2) The person shall be receiving services and case management
from a regional center under the Lanterman Developmental Disabilities
Services Act (Division 4.5 (commencing with Section 4500) of the
Welfare and Institutions Code).
(3) (A) The person shall be 14 years of age or older, except as
specified in subparagraph (B).
(B) Notwithstanding subparagraph (A), a child who is at least 10
years of age and less than 14 years of age may be placed in a
licensed group home described in subdivision (a) using secured
perimeters only if both of the following occur:
(i) A comprehensive assessment is conducted and an individual
program plan meeting is convened to determine the services and
supports needed for the child to receive services in a less
restrictive, unlocked residential setting in California, and the
regional center requests assistance from the State Department of
Developmental Service's statewide specialized resource service to
identify options to serve the child in a less restrictive, unlocked
residential setting in California.
(ii) The regional center requests placement of the child in a
licensed group home described in subdivision (a) using secured
perimeters on the basis that the placement is necessary to prevent
out-of-state placement or placement in a more restrictive, locked
residential setting and the State Department of Developmental
Services approves the request.
(4) The person is not a foster child under the jurisdiction of the
juvenile court pursuant to Section 300, 301, or 602 of the Welfare
and Institutions Code.
(5) An interdisciplinary team, through the individual program plan
(IPP) process pursuant to Section 4646.5 of the Welfare and
Institutions Code, shall have determined the person lacks hazard
awareness or impulse control and, for his or her safety and security,
requires the level of supervision afforded by a facility equipped
with secured perimeters, and, but for this placement, the person
would be at risk of admission to, or would have no option but to
remain in, a more restrictive placement. The individual program
planning team shall determine the continued appropriateness of the
placement at least annually.
(d) The licensee shall be subject to all applicable fire and
building codes, regulations, and standards, and shall receive
approval by the county or city fire department, the local fire
prevention district, or the State Fire Marshal for the installed
secured perimeters.
(e) The licensee shall provide staff training regarding the use
and operation of the secured perimeters, protection of residents'
personal rights, lack of hazard awareness and impulse control
behavior, and emergency evacuation procedures.
(f) The licensee shall revise its facility plan of operation.
These revisions shall be first be approved by the State Department of
Developmental Services. The plan of operation shall not be approved
by the State Department of Social Services unless the licensee
provides certification that the plan was approved by the State
Department of Developmental Services. The plan shall include, but not
be limited to, all of the following:
(1) A description of how the facility is to be equipped with
secured perimeters that are consistent with regulations adopted by
the State Fire Marshall pursuant to Section 13143.6.
(2) A description of how the facility will provide training for
staff.
(3) A description of how the facility will ensure the protection
of the residents' personal rights consistent with Sections 4502,
4503, and 4504 of the Welfare and Institutions Code, and any
applicable personal rights provided in Title 22 of the California
Code of Regulations.
(4) A description of how the facility will manage residents' lack
of hazard awareness and impulse control behavior.
(5) A description of the facility's emergency evacuation
procedures.
(g) Secured perimeters shall not substitute for adequate staff.
(h) Emergency fire and earthquake drills shall be conducted on
each shift in accordance with existing licensing requirements, and
shall include all facility staff providing resident care and
supervision on each shift.
(i) Interior and exterior space shall be available on the facility
premises to permit clients to move freely and safely.
(j) For the purpose of using secured perimeters, the licensee
shall not be required to obtain a waiver or exception to a regulation
that would otherwise prohibit the locking of a perimeter fence or
gate.
(k) This section shall become operative only upon the filing of
emergency regulations by the State Department of Developmental
Services. These regulations shall be developed with stakeholders,
including the State Department of Social Services, consumer
advocates, and regional centers. The regulations shall establish
program standards for homes that include secured perimeters,
including requirements and timelines for the completion and updating
of a comprehensive assessment of each consumer's needs, including the
identification through the individual program plan process of the
services and supports needed to transition the consumer to a less
restrictive living arrangement, and a timeline for identifying or
developing those services and supports. The regulations shall
establish a statewide limit on the total number of beds in homes with
secured perimeters. The adoption of these regulations shall be
deemed to be an emergency and necessary for the immediate
preservation of the public peace, health and safety, or general
welfare.
SEC. 5. Section 4418.25 of the Welfare
and Institutions Code is amended to read:
4418.25. (a) The department shall establish policies and
procedures for the development of an annual community placement plan
by regional centers. The community placement plan shall be based upon
an individual program plan process as referred to in subdivision (a)
of Section 4418.3 and shall be linked to the development of the
annual state budget. The department's policies shall address
statewide priorities, plan requirements, and the statutory roles of
regional centers, developmental centers, and regional resource
development projects in the process of assessing consumers for
community living and in the development of community resources.
(b) (1) To reduce reliance on developmental centers and mental
health facilities, including institutions for mental disease as
described in Part 5 (commencing with Section 5900) of Division 5, for
which federal funding is not available, and out-of-state placements,
the department shall establish a statewide specialized resource
service that does all of the following:
(A) Tracks the availability of specialty residential beds and
services.
(B) Tracks the availability of specialty clinical services.
(C) Coordinates the need for specialty services and supports in
conjunction with regional centers.
(D) Identifies, subject to federal reimbursement, developmental
center services and supports that can be made available to consumers
residing in the community, when no other community resource has been
identified.
(2) By September 1, 2012, regional centers shall provide the
department with information about all specialty resources developed
with the use of community placement plan funds and shall make these
resources available to other regional centers.
(3) When allocating funding for community placement plans,
priority shall be given to the development of needed statewide
specialty services and supports, including regional community crisis
homes.
(4) If approved by the director, funding may be allocated to
facilities that meet the criteria of Sections 1267.75 and 1531.15 of
the Health and Safety Code.
(5) The department shall not provide community placement plan
funds to develop programs that are ineligible for federal funding
participation unless approved by the director.
(b)
(c) (1) The community
placement plan shall provide for dedicated funding for comprehensive
assessments of selected developmental center
residents, for identified costs of moving selected
individuals from developmental centers to the community, and for
deflection of selected individuals from
developmental center admission. The plans shall, where appropriate,
include budget requests for regional center operations, assessments,
resource development, and ongoing placement costs. These budget
requests are intended to provide supplemental funding to regional
centers. The plan is not intended to limit the department's or
regional centers' responsibility to otherwise conduct assessments and
individualized program planning, and to provide needed services and
supports in the least restrictive, most integrated setting in accord
with the Lanterman Developmental Disabilities Services Act (Division
4.5 (commencing with Section 4500)).
(2) (A) Regional centers shall complete a comprehensive assessment
of any consumer residing in a developmental center on July 1, 2012,
who meets both of the following criteria:
(i) The consumer is not committed pursuant to Section 1370.1 of
the Penal Code.
(ii) The consumer has not had such an assessment in the prior two
years.
(B) The assessment shall include input from the regional center,
the consumer, and, when appropriate, the consumer's family, legal
guardian, conservator, or authorized representative, and shall
identify the types of community-based services and supports available
to the consumer.
(C) Regional centers shall specify in the annual community
placement plan how they will complete the required assessment and the
timeframe for completing the assessment for each consumer. Initial
assessments pursuant to this paragraph for individuals residing in a
developmental center on July 1, 2012, shall be completed by December
31, 2015, unless a regional center demonstrates to the department
that an extension of time is necessary and the department grants such
an extension.
(D) The assessment completed in the prior two years, or the
assessment completed pursuant to the requirements of this section
shall be provided to the individual program planning team in order to
assist the planning team in determining the least restrictive
environment for the consumer. These assessments shall be updated
annually as part of the individual program planning process for as
long as the consumer resides in the developmental center.
(c)
(d) The department shall review, negotiate, and approve
regional center community placement plans for feasibility and
reasonableness, including recognition of each regional centers'
current developmental center population and their corresponding
placement level, as well as each regional centers' need to develop
new and innovative service models. The department shall hold regional
centers accountable for the development and implementation of their
approved plans. The regional centers shall report, as required by the
department, on the outcomes of their plans. The department shall
make aggregate performance data for each regional center available,
upon request, as well as data on admissions to, and placements from,
each developmental center.
(d)
(e) Funds allocated by the department to a regional
center for a community placement plan developed under this section
shall be controlled through the regional center contract to ensure
that the funds are expended for the purposes allocated. Funds
allocated for community placement plans that are not used for that
purpose may be transferred to Item 4300-003-0001 for expenditure in
the state developmental centers if their population exceeds the
budgeted level. Any unspent funds shall revert to the General Fund.
(f) Commencing May 1, 2013, and then on April 1, 2014, and on
April 1 annually thereafter, the department shall provide to the
fiscal and appropriate policy committees of the Legislature
information on efforts to serve consumers with challenging service
needs, including, but not limited to, all of the following:
(1) For each regional center, the number of consumers admitted to
each developmental center, including the legal basis for the
admissions.
(2) For each regional center, the number of consumers described in
paragraph (2) of subdivision (a) of Section 7505 who were admitted
to Fairview Developmental Center by court order pursuant to Article 2
(commencing with Section 6500) of Chapter 2 of Part 2 of Division 6,
and the number and lengths of stay of consumers, including those who
have transitioned back to a community living arrangement.
(3) Outcome data related to the assessment process set forth in
Section 4418.7, including the number of consumers who received
assessments pursuant to Section 4418.7 and the outcomes of the
assessments. Each regional center, commencing March 1, 2013, and then
on February 1, 2014, and on February 1 annually thereafter, shall
provide the department with information on alternative community
services and supports provided to those consumers who were able to
remain in the community following the assessments, and the unmet
service needs that resulted in any consumers being admitted to
Fairview Developmental Center.
(4) Progress in the development of needed statewide specialty
services and supports, including regional community crisis options,
as provided in paragraph (3) of subdivision (b). Each regional center
shall provide the department with a report containing the
information described in this paragraph commencing March 1, 2013, and
then on February 1, 2014, and on February 1 annually thereafter.
(5) Progress in reducing reliance on mental health facilities
ineligible for federal Medicaid funding, and out-of-state placements.
(6) Information on the utilization of facilities serving consumers
with challenging service needs that utilize delayed egress devices
and secured perimeters, pursuant to Section 1267.75 or 1531.15 of the
Health and Safety Code, including the number of admissions, reasons
for admissions, and lengths of stay of consumers, including those who
have transitioned to less restrictive living arrangements.
(7) If applicable, any recommendations regarding additional rate
exceptions or modifications beyond those allowed for under existing
law that the department identifies as necessary to meet the needs of
consumers with challenging service needs.
(g) Each regional center, commencing March 1, 2013, and then on
February 1, 2014, and on February 1 annually thereafter, shall
provide information to the department regarding the facilities
described in paragraph (6) of subdivision (f), including, but not
limited to, the number of admissions, reasons for admissions, and
lengths of stay of consumers, including those who have transitioned
to less restrictive living arrangements.
SEC. 6. Section 4418.7 of the Welfare
and Institutions Code is amended to read:
4418.7. (a) If the regional center determines, or is informed by
the consumer's parents, legal guardian, conservator, or authorized
representative that the community placement of a consumer is at risk
of failing, and that admittance to a state developmental center is a
likelihood, or the regional center is notified by a
court of a potential admission to a developmental center consistent
with Section 7505, the regional center shall immediately notify
the appropriate regional resource development project, the consumer,
and the consumer's parents, legal guardian, or conservator.
(b) In these cases, the regional resource development project
shall immediately arrange for an assessment of the situation,
including, visiting the consumer, if appropriate, determining
barriers to successful integration, and recommending the most
appropriate means necessary to assist the consumer to remain in the
community. The regional center shall request assistance from the
statewide specialized resource service pursuant to Section 4418.25
as necessary in order to determine the most appropriate means
necessary to assist the consumer to remain in the community and shall
provide the information obtained from the statewide specialized
resource service to the regional resource developmental project.
If, based on the assessment, the regional resource development
project determines that additional or different services and supports
are necessary, the department shall ensure that the regional center
provides those services and supports on an emergency basis. An
individual program plan meeting, including the regional resource
development project's representative, shall be convened as soon as
possible to review the emergency services and supports and determine
the consumer's ongoing needs for services and supports. The regional
resource development project shall follow up with the regional center
as to the success of the recommended interventions until the
consumer's living arrangement is stable.
(c) (1) If the regional resource development project determines,
based on the assessment conducted pursuant to subdivision (b), that
the consumer referred to the regional resource development project by
the court cannot be safely served in the developmental center, the
department shall notify the court in writing.
(c)
(2) (A) If the regional resource
development project, in consultation with the regional center, the
consumer, and the consumer's parents, legal guardian, or conservator,
when appropriate, determines that admittance to a state
developmental center is necessary due to prevent
a substantial risk to the individual's health and safety, the
an acute crisis, as defined in paragraph (1) of
subdivision (d), the regional resource development
project center shall immediately
facilitate that admission. pursue the obtainment of a
court order for short-term admission and crisis stabilization.
(B) (i) The regional resource development project, in consultation
with the regional center, the consumer, and, when appropriate, the
consumer's parents, legal guardian, conservator, or authorized
representative, shall not make a determination that admittance to a
state developmental center is necessary due to an acute crisis as
defined in paragraph (1) of subdivision (d) unless the determination
includes a regional center report detailing all considered
community-based services and supports and an explanation of why those
options could not meet the consumer's needs at the time of such a
determination.
(ii) For purposes of complying with clause (i), the regional
center shall not be required to consider out-of-state placements or
mental health facilities, including institutions for mental disease,
as described in Part 5 (commencing with Section 5900) of Division 5,
that are ineligible for federal Medicaid funding.
(d) (1) For purposes of this section, an "acute crisis" means a
situation in which the consumer meets the criteria of Section 6500
and, as a result of the consumer's behavior, all of the following are
met:
(A) There is imminent risk for substantial harm to self or others.
(B) The service and support needs of the consumer cannot be met in
the community, including with supplemental services as set forth in
subparagraph (E) of paragraph (9) of subdivision (a) of Section 4648
and emergency and crisis intervention services as set forth in
paragraph (10) of subdivision (a) of Section 4648.
(C) Due to serious and potentially life-threatening conditions,
the consumer requires a more restrictive environment for crisis
stabilization.
(2) For purposes of paragraph (1), out-of-state placements or
mental health facilities and other facilities, including institutions
for mental disease, as described in Part 5 (commencing with Section
5900) of Division 5, for which federal Medicaid funding is not
available, shall not be deemed to be supplemental services or
emergency and crisis intervention services.
(e) When an admission occurs due to an acute crisis, all of the
following shall apply:
(1) As soon as possible following admission to a developmental
center, a comprehensive assessment shall be completed by the regional
center in coordination with the developmental center. The
comprehensive assessment shall include the identification of the
services and supports needed for crisis stabilization and the
timeline for identifying or developing the services and supports
needed to transition the consumer back to the community. The regional
center shall immediately submit a copy of the comprehensive
assessment to the committing court. Immediately following the
assessment, and not later than 30 days following admission, the
regional center and the developmental center shall jointly convene an
individual program plan meeting to determine the services and
supports needed for crisis stabilization and to develop a plan to
transition the consumer into community living pursuant to Section
4418.3. The clients' rights advocate for the regional center shall be
notified of the admission and the individual program plan meeting
and may participate in the individual program plan meeting unless the
consumer objects on his or her own behalf.
(2) If transition is not expected within 90 days of admission, an
individual program plan meeting shall be held to discuss the status
of transition and to determine if the consumer is still in need of
crisis stabilization. If crisis services continue to be necessary,
the regional center shall submit to the department an updated
transition plan and a request for an extension of stay at the
developmental center of up to 90 days.
(3) (A) A consumer shall reside in the developmental center no
longer than six months before being placed into a community living
arrangement pursuant to Section 4418.3, unless, prior to the end of
the six months, all of the following have occurred:
(i) The regional center has conducted an additional comprehensive
assessment based on information provided by the regional center, and
the department determines that the consumer continues to be in an
acute crisis.
(ii) The individual program planning team has developed a plan
that identifies the specific services and supports necessary to
transition the consumer into the community, and the plan includes a
timeline to obtain or develop those services and supports.
(iii) The committing court has reviewed and, if appropriate,
extended the commitment.
(B) The clients' rights advocate for the regional center shall be
notified of the proposed extension pursuant to clause (iii) of
subparagraph (A) and the individual program plan meeting to consider
the extension, and may participate in the individual program plan
meeting unless the consumer objects on his or her own behalf.
(C) (i) In no event shall a consumer's placement at the
developmental center exceed one year unless both of the following
occur:
(I) The regional center demonstrates significant progress toward
implementing the plan specified in clause (ii) of subparagraph (A)
identifying the specific services and supports necessary to
transition the consumer into the community.
(II) Extraordinary circumstances exist beyond the regional center'
s control that have prevented the regional center from obtaining
those services and supports within the timeline based on the plan.
(ii) If both of the circumstances described in subclauses (I) and
(II) exist, the regional center may request, and the committing court
may grant, an additional extension of the commitment, not to exceed
30 days.
(D) Consumers placed in the community after admission to a
developmental center pursuant to this section shall be considered to
have moved from a developmental center for purposes of Section
4640.6.
(d)
(f) The department shall collect data on the outcomes
of efforts to assist at-risk consumers to remain in the community.
The department shall make aggregate data on the implementation of the
requirements of this section available, upon request.
(g) Notwithstanding any other law or regulation, commencing July
1, 2012, Fairview Developmental Center shall be the only
developmental center authorized to admit a consumer pursuant to a
court order for an acute crisis as described in this section.
SEC. 7. Section 4507 of the Welfare and
Institutions Code is amended to read:
4507. Developmental disabilities alone shall not constitute
sufficient justification for judicial commitment. Instead, persons
with developmental disabilities shall receive services pursuant to
this division. Persons who constitute a danger to themselves or
others may be judicially committed pursuant to Article 2
(commencing with Section 6500) of Chapter 2 of Part 2 of Division 6
if evidence of such danger is proven in court.
SEC. 8. Section 4519 of the Welfare and
Institutions Code is amended to read:
4519. (a) The department shall not expend funds, and a regional
center shall not expend funds allocated to it by the department, for
the purchase of any service outside the state unless the Director of
Developmental Services or the director's designee has received,
reviewed, and approved a plan for out-of-state service in the client'
s individual program plan developed pursuant to Sections 4646 to
4648, inclusive. Prior to submitting a request for out-of-state
services, the regional center shall conduct a comprehensive
assessment and convene an individual program plan meeting to
determine the services and supports needed for the consumer to
receive services in California and shall request
assistance from the department's statewide specialized resource
service in identifying options to serve the consumer in California.
The request shall include details regarding all options
considered and an explanation of why these options cannot meet the
consumer's needs. The department shall authorize for no
more than six months the purchase of out-of-state services when
the director determines the proposed service or an appropriate
alternative, as determined by the director, is not available from
resources and facilities within the state. Any extension beyond
six months shall be based on a new and complete comprehensive
assessment of the consumer's needs, review of available
options, and determination that the consumer's needs cannot be met in
California. An extension shall not exceed six months. For the
purposes of this section, the department shall be considered a
service agency under Chapter 7 (commencing with Section 4700).
(b) No funds shall be expended for the cost of interstate travel
or transportation by regional center staff in connection with the
purchase of any service outside the state unless authorized by the
director or the director's designee.
(c) When a regional center places a client out-of-state
out of state pursuant to subdivision (a), it
shall prepare a report for inclusion in the client's individual
program plan. This report shall summarize the regional center's
efforts to locate, develop, or adapt an appropriate program for the
client within the state. This report shall be reviewed and updated
every six three months and a copy sent
to the director. Each comprehensive assessment and report shall
include identification of the services and supports needed and the
timeline for identifying or developing those services needed to
transition the consumer back to California.
(d) Notwithstanding subdivisions (a), (b), and (c), the State
Department of Developmental Services or a regional center may expend
funds allocated to it for the purchase of services for residents of
this state and administrative costs incurred in providing services in
the border areas of a state adjacent to California when the purchase
is approved by the regional center director.
(e) Each regional center shall submit to the department by
December 31, 2012, a transition plan for all consumers residing out
of state as of June 30, 2012, for whom the regional center is
purchasing services.
SEC. 9. Section 4519.5 is added to the
Welfare and Institutions Code , to read:
4519.5. (a) The department and the regional centers shall
annually collaborate to compile data relating to purchase of service
authorization, utilization, and expenditure by each regional center
with respect to all of the following:
(1) The age of consumer, categorized by the following:
(A) Birth to age two, inclusive.
(B) Three to 21, inclusive.
(C) Twenty-two and older.
(2) Race or ethnicity of the consumer.
(3) Primary language spoken by the consumer, and other related
details, as feasible.
(4) Disability detail, in accordance with the categories
established by subdivision (a) of Section 4512, and, if applicable, a
category specifying that the disability is unknown.
(b) The data reported pursuant to subdivision (a) shall also
include the number and percentage of individuals, categorized by age,
race or ethnicity, and disability, who have been determined to be
eligible for regional center services but are not receiving purchase
of service funds.
(c) By March 31, 2013, each regional center shall post the data
described in this section that is specific to the regional center on
its Internet Web site. Commencing on December 31, 2013, each regional
center shall annually post this data by December 31.
(d) By March 31, 2013, the department shall post the information
described in this section on a statewide basis on its Internet Web
site. Commencing December 31, 2013, the department shall annually
post this information by December 31.
(e) Within three months of compiling the data with the department,
and annually thereafter, each regional center shall meet with
stakeholders in a public meeting regarding the data.
SEC. 10. Section 4640.6 of the Welfare
and Institutions Code is amended to read:
4640.6. (a) In approving regional center contracts, the
department shall ensure that regional center staffing patterns
demonstrate that direct service coordination are the highest
priority.
(b) Contracts between the department and regional centers shall
require that regional centers implement an emergency response system
that ensures that a regional center staff person will respond to a
consumer, or individual acting on behalf of a consumer, within two
hours of the time an emergency call is placed. This emergency
response system shall be operational 24 hours per day, 365 days per
year.
(c) Contracts between the department and regional centers shall
require regional centers to have service coordinator-to-consumer
ratios, as follows:
(1) An average service coordinator-to-consumer ratio of 1 to 62
for all consumers who have not moved from the developmental centers
to the community since April 14, 1993. In no case shall a service
coordinator for these consumers have an assigned caseload in excess
of 79 consumers for more than 60 days.
(2) An average service coordinator-to-consumer ratio of 1 to 45
for all consumers who have moved from a developmental center to the
community since April 14, 1993. In no case shall a service
coordinator for these consumers have an assigned caseload in excess
of 59 consumers for more than 60 days.
(3) Commencing January 1, 2004, the following
coordinator-to-consumer ratios shall apply:
(A) All consumers three years of age and younger and for consumers
enrolled in the Home and Community-based Services Waiver program for
persons with developmental disabilities, an average service
coordinator-to-consumer ratio of 1 to 62.
(B) All consumers who have moved from a developmental center to
the community since April 14, 1993, and have lived continuously in
the community for at least 12 months, an average service
coordinator-to-consumer ratio of 1 to 62.
(C) All consumers who have not moved from the developmental
centers to the community since April 14, 1993, and who are not
described in subparagraph (A), an average service
coordinator-to-consumer ratio of 1 to 66.
(4) For purposes of paragraph (3), service coordinators may have a
mixed caseload of consumers three years of age and younger,
consumers enrolled in the Home and Community-based Services Waiver
program for persons with developmental disabilities, and other
consumers if the overall average caseload is weighted proportionately
to ensure that overall regional center average service
coordinator-to-consumer ratios as
specified in paragraph (3) are met. For purposes of paragraph (3), in
no case shall a service coordinator have an assigned caseload in
excess of 84 for more than 60 days.
(d) For purposes of this section, "service coordinator" means a
regional center employee whose primary responsibility includes
preparing, implementing, and monitoring consumers' individual program
plans, securing and coordinating consumer services and supports, and
providing placement and monitoring activities.
(e) In order to ensure that caseload ratios are maintained
pursuant to this section, each regional center shall provide service
coordinator caseload data to the department, annually for each fiscal
year. The data shall be submitted in the format, including the
content, prescribed by the department. Within 30 days of receipt of
data submitted pursuant to this subdivision, the department shall
make a summary of the data available to the public upon request. The
department shall verify the accuracy of the data when conducting
regional center fiscal audits. Data submitted by regional centers
pursuant to this subdivision shall:
(1) Only include data on service coordinator positions as defined
in subdivision (d). Regional centers shall identify the number of
positions that perform service coordinator duties on less than a
full-time basis. Staffing ratios reported pursuant to this
subdivision shall reflect the appropriate proportionality of these
staff to consumers served.
(2) Be reported separately for service coordinators whose caseload
includes any of the following:
(A) Consumers who are three years of age and older and who have
not moved from the developmental center to the community since April
14, 1993.
(B) Consumers who have moved from a developmental center to the
community since April 14, 1993.
(C) Consumers who are younger than three years of age.
(D) Consumers enrolled in the Home and Community-based Services
Waiver program.
(3) Not include positions that are vacant for more than 60 days or
new positions established within 60 days of the reporting month that
are still vacant.
(4) For purposes of calculating caseload ratios for consumers
enrolled in the Home and Community-based Services Waiver program,
vacancies shall not be included in the calculations.
(f) The department shall provide technical assistance and require
a plan of correction for any regional center that, for two
consecutive reporting periods, fails to maintain service coordinator
caseload ratios required by this section or otherwise demonstrates an
inability to maintain appropriate staffing patterns pursuant to this
section. Plans of correction shall be developed following input from
the local area board, local organizations representing consumers,
family members, regional center employees, including recognized labor
organizations, and service providers, and other interested parties.
(g) Contracts between the department and regional center shall
require the regional center to have, or contract for, all of the
following areas:
(1) Criminal justice expertise to assist the regional center in
providing services and support to consumers involved in the criminal
justice system as a victim, defendant, inmate, or parolee.
(2) Special education expertise to assist the regional center in
providing advocacy and support to families seeking appropriate
educational services from a school district.
(3) Family support expertise to assist the regional center in
maximizing the effectiveness of support and services provided to
families.
(4) Housing expertise to assist the regional center in accessing
affordable housing for consumers in independent or supportive living
arrangements.
(5) Community integration expertise to assist consumers and
families in accessing integrated services and supports and improved
opportunities to participate in community life.
(6) Quality assurance expertise, to assist the regional center to
provide the necessary coordination and cooperation with the area
board in conducting quality-of-life assessments and coordinating the
regional center quality assurance efforts.
(7) Each regional center shall employ at least one consumer
advocate who is a person with developmental disabilities.
(8) Other staffing arrangements related to the delivery of
services that the department determines are necessary to ensure
maximum cost-effectiveness and to ensure that the service needs of
consumers and families are met.
(h) Any regional center proposing a staffing arrangement that
substantially deviates from the requirements of this section shall
request a waiver from the department. Prior to granting a waiver, the
department shall require a detailed staffing proposal, including,
but not limited to, how the proposed staffing arrangement will
benefit consumers and families served, and shall demonstrate clear
and convincing support for the proposed staffing arrangement from
constituencies served and impacted, that include, but are not limited
to, consumers, families, providers, advocates, and recognized labor
organizations. In addition, the regional center shall submit to the
department any written opposition to the proposal from organizations
or individuals, including, but not limited to, consumers, families,
providers, and advocates, including recognized labor organizations.
The department may grant waivers to regional centers that
sufficiently demonstrate that the proposed staffing arrangement is in
the best interest of consumers and families served, complies with
the requirements of this chapter, and does not violate any
contractual requirements. A waiver shall be approved by the
department for up to 12 months, at which time a regional center may
submit a new request pursuant to this subdivision.
(i) From February 1, 2009, to June 30, 2010, inclusive, the
following shall not apply:
(1) The service coordinator-to-consumer ratio requirements of
paragraph (1), and subparagraph (C) of paragraph (3), of subdivision
(c).
(2) The requirements of subdivision (e). The regional centers
shall, instead, maintain sufficient service coordinator caseload data
to document compliance with the service coordinator-to-consumer
ratio requirements in effect pursuant to this section.
(3) The requirements of paragraphs (1) to (6), inclusive, of
subdivision (g).
(j) From July 1, 2010, to until June
30, 2012, inclusive, 2013, the
following shall not apply:
(1) The service coordinator-to-consumer ratio requirements of
paragraph (1), and subparagraph (C) of paragraph (3), of subdivision
(c).
(2) The requirements of paragraphs (1) to (6), inclusive, of
subdivision (g).
(k) (1) Any contract between the department and a regional center
entered into on and after January 1, 2003, shall require that all
employment contracts entered into with regional center staff or
contractors be available to the public for review, upon request. For
purposes of this subdivision, an employment contract or portion
thereof may not be deemed confidential nor unavailable for public
review.
(2) Notwithstanding paragraph (1), the social security number of
the contracting party may not be disclosed.
(3) The term of the employment contract between the regional
center and an employee or contractor shall not exceed the term of the
state's contract with the regional center.
SEC. 11. Section 4648 of the Welfare
and Institutions Code is amended to read:
4648. In order to achieve the stated objectives of a consumer's
individual program plan, the regional center shall conduct
activities, including, but not limited to, all of the following:
(a) Securing needed services and supports.
(1) It is the intent of the Legislature that services and supports
assist individuals with developmental disabilities in achieving the
greatest self-sufficiency possible and in exercising personal
choices. The regional center shall secure services and supports that
meet the needs of the consumer, as determined in the consumer's
individual program plan, and within the context of the individual
program plan, the planning team shall give highest preference to
those services and supports which would allow minors with
developmental disabilities to live with their families, adult persons
with developmental disabilities to live as independently as possible
in the community, and that allow all consumers to interact with
persons without disabilities in positive, meaningful ways.
(2) In implementing individual program plans, regional centers,
through the planning team, shall first consider services and supports
in natural community, home, work, and recreational settings.
Services and supports shall be flexible and individually tailored to
the consumer and, where appropriate, his or her family.
(3) A regional center may, pursuant to vendorization or a
contract, purchase services or supports for a consumer from any
individual or agency which the regional center and consumer or, where
appropriate, his or her parents, legal guardian, or conservator, or
authorized representatives, determines will best accomplish all or
any part of that consumer's program plan.
(A) Vendorization or contracting is the process for
identification, selection, and utilization of service vendors or
contractors, based on the qualifications and other requirements
necessary in order to provide the service.
(B) A regional center may reimburse an individual or agency for
services or supports provided to a regional center consumer if the
individual or agency has a rate of payment for vendored or contracted
services established by the department, pursuant to this division,
and is providing services pursuant to an emergency vendorization or
has completed the vendorization procedures or has entered into a
contract with the regional center and continues to comply with the
vendorization or contracting requirements. The director shall adopt
regulations governing the vendorization process to be utilized by the
department, regional centers, vendors and the individual or agency
requesting vendorization.
(C) Regulations shall include, but not be limited to: the vendor
application process, and the basis for accepting or denying an
application; the qualification and requirements for each category of
services that may be provided to a regional center consumer through a
vendor; requirements for emergency vendorization; procedures for
termination of vendorization; the procedure for an individual or an
agency to appeal any vendorization decision made by the department or
regional center.
(D) A regional center may vendorize a licensed facility for
exclusive services to persons with developmental disabilities at a
capacity equal to or less than the facility's licensed capacity. A
facility already licensed on January 1, 1999, shall continue to be
vendorized at their full licensed capacity until the facility agrees
to vendorization at a reduced capacity.
(E) Effective July 1, 2009, notwithstanding any other provision of
law or regulation to the contrary, a regional center shall not newly
vendor a State Department of Social Services licensed 24-hour
residential care facility with a licensed capacity of 16 or more
beds, unless the facility qualifies for receipt of federal funds
under the Medicaid Program.
(4) Notwithstanding subparagraph (B), a regional center may
contract or issue a voucher for services and supports provided to a
consumer or family at a cost not to exceed the maximum rate of
payment for that service or support established by the department. If
a rate has not been established by the department, the regional
center may, for an interim period, contract for a specified service
or support with, and establish a rate of payment for, any provider of
the service or support necessary to implement a consumer's
individual program plan. Contracts may be negotiated for a period of
up to three years, with annual review and subject to the availability
of funds.
(5) In order to ensure the maximum flexibility and availability of
appropriate services and supports for persons with developmental
disabilities, the department shall establish and maintain an
equitable system of payment to providers of services and supports
identified as necessary to the implementation of a consumers'
individual program plan. The system of payment shall include
provision for a rate to ensure that the provider can meet the special
needs of consumers and provide quality services and supports in the
least restrictive setting as required by law.
(6) The regional center and the consumer, or where appropriate,
his or her parents, legal guardian, conservator, or authorized
representative, including those appointed pursuant to subdivision (d)
of Section 4548, subdivision (b) of Section 4701.6, or subdivision
(e) of Section 4705, shall, pursuant to the individual program plan,
consider all of the following when selecting a provider of consumer
services and supports:
(A) A provider's ability to deliver quality services or supports
which can accomplish all or part of the consumer's individual program
plan.
(B) A provider's success in achieving the objectives set forth in
the individual program plan.
(C) Where appropriate, the existence of licensing, accreditation,
or professional certification.
(D) The cost of providing services or supports of comparable
quality by different providers, if available, shall be reviewed, and
the least costly available provider of comparable service, including
the cost of transportation, who is able to accomplish all or part of
the consumer's individual program plan, consistent with the
particular needs of the consumer and family as identified in the
individual program plan, shall be selected. In determining the least
costly provider, the availability of federal financial participation
shall be considered. The consumer shall not be required to use the
least costly provider if it will result in the consumer moving from
an existing provider of services or supports to more restrictive or
less integrated services or supports.
(E) The consumer's choice of providers, or, where appropriate, the
consumer's parent's, legal guardian's, authorized representative's,
or conservator's choice of providers.
(7) No service or support provided by any agency or individual
shall be continued unless the consumer or, where appropriate, his or
her parents, legal guardian, or conservator, or authorized
representative, including those appointed pursuant to subdivision (d)
of Section 4548, subdivision (b) of Section 4701.6, or subdivision
(e) of Section 4705, is satisfied and the regional center and the
consumer or, when appropriate, the person's parents or legal guardian
or conservator agree that planned services and supports have been
provided, and reasonable progress toward objectives have been made.
(8) Regional center funds shall not be used to supplant the budget
of any agency which has a legal responsibility to serve all members
of the general public and is receiving public funds for providing
those services.
(9) (A) A regional center may, directly or through an agency
acting on behalf of the center, provide placement in, purchase of, or
follow-along services to persons with developmental disabilities in,
appropriate community living arrangements, including, but not
limited to, support service for consumers in homes they own or lease,
foster family placements, health care facilities, and licensed
community care facilities. In considering appropriate placement
alternatives for children with developmental disabilities, approval
by the child's parent or guardian shall be obtained before placement
is made.
(B) Effective July 1, 2012, notwithstanding any other provision of
law or regulation to the contrary, a regional center shall not
purchase residential services from a State Department of Social
Services licensed 24-hour residential care facility with a licensed
capacity of 16 or more beds. This prohibition on regional center
purchase of residential services shall not apply to either
any of the following:
(i) A residential facility with a licensed capacity of 16 or more
beds that has been approved to participate in the department's Home
and Community Based Services Waiver or another existing waiver
program or certified to participate in the Medi-Cal program.
(ii) A residential facility service provider that has a written
agreement and specific plan prior to July 1, 2012, with the vendoring
regional center to downsize the existing facility by transitioning
its residential services to living arrangements of 15 beds or less or
restructure the large facility to meet federal Medicaid eligibility
requirements on or before June 30, 2013.
(iii) A residential facility licensed as a mental health
rehabilitation center by the State Department of Mental Health or
successor agency under any of the following circumstances:
(I) The facility is eligible for Medicaid reimbursement.
(II) The facility has a department-approved plan in place by June
30, 2013, to transition to a program structure eligible for federal
Medicaid funding, and this transition will be completed by June 30,
2014. The department may grant an extension for the date by which the
transition will be completed if the facility demonstrates that it
has made significant progress toward transition, and states with
specificity the timeframe by which the transition will be completed
and the specified steps that will be taken to accomplish the
transition. A regional center may pay for the costs of care and
treatment of a consumer residing in the facility on June 30, 2012,
until June 30, 2013, inclusive, and, if the facility has a
department-approved plan in place by June 30, 2013, may continue to
pay the costs under this subparagraph until June 30, 2014, or until
the end of any period during which the department has granted an
extension.
(III) There is an emergency circumstance in which the regional
center determines that it cannot locate alternate federally eligible
services to meet the consumer's needs. Under such an emergency
circumstance, an assessment shall be completed by the regional center
as soon as possible and within 30 days of admission. An individual
program plan meeting shall be convened immediately following the
assessment to determine the services and supports needed for
stabilization and to develop a plan to transition the consumer from
the facility into the community. If transition is not expected within
90 days of admission, an individual program plan meeting shall be
held to discuss the status of transition and to determine if the
consumer is still in need of placement in the facility. Commencing
October 1, 2012, this determination shall be made after also
considering resource options identified by the statewide specialized
resource service. If it is determined that emergency services
continue to be necessary, the regional center shall submit an updated
transition plan that can cover a period of up to 90 days. In no
event shall placements under these emergency circumstances exceed 180
days.
(C) (i) Effective July 1, 2012, notwithstanding any other
provision of law or regulation to the contrary, a regional center
shall not purchase new residential services from institutions for
mental disease, as described in Part 5 (commencing with Section 5900)
of Division 5, for which federal Medicaid funding is not available.
(ii) The prohibition described in clause (i) shall not apply to
emergencies, as determined by the regional center, when a regional
center cannot locate alternate federally eligible services to meet
the consumer's needs. As soon as possible within 30 days of admission
due to an emergency, an assessment shall be completed by the
regional center. An individual program plan meeting shall be convened
immediately following the assessment, to determine the services and
supports needed for stabilization and to develop a plan to transition
the consumer from the facility to the community. If transition is
not expected within 90 days of admission, an emergency, program plan
meeting shall be held to discuss the status of transition and to
determine if the consumer is still in need of placement in the
facility. If emergency services continue to be necessary, the
regional center shall submit an updated transition plan to the
department for an extension of up to 90 days. Placement shall not
exceed 180 days.
(iii) Regional centers shall complete a comprehensive assessment
of any consumer residing in an institution for mental disease as of
July 1, 2012, for which federal Medicaid funding is not available.
The comprehensive assessment shall be completed prior to the consumer'
s next scheduled individual program plan meeting and shall include
identification of the services and supports needed and the timeline
for identifying or developing those services needed to transition the
consumer back to the community. Effective October 1, 2012, the
regional center shall also consider resource options identified by
the statewide specialized resource service. For each individual
program plan meeting convened pursuant to this subparagraph, the
clients' rights advocate for the regional center shall be notified of
the meeting and may participate in the meeting unless the consumer
objects on his or her own behalf.
(C)
(D) Each person with developmental disabilities placed
by the regional center in a community living arrangement shall have
the rights specified in this division. These rights shall be brought
to the person's attention by any means necessary to reasonably
communicate these rights to each resident, provided that, at a
minimum, the Director of Developmental Services prepare, provide, and
require to be clearly posted in all residential facilities and day
programs a poster using simplified language and pictures that is
designed to be more understandable by persons with cognitive
disabilities and that the rights information shall also be available
through the regional center to each residential facility and day
program in alternative formats, including, but not limited to, other
languages, braille, and audio tapes, when necessary to meet the
communication needs of consumers.
(D)
(E) Consumers are eligible to receive supplemental
services including, but not limited to, additional staffing, pursuant
to the process described in subdivision (d) of Section 4646.
Necessary additional staffing that is not specifically included in
the rates paid to the service provider may be purchased by the
regional center if the additional staff are in excess of the amount
required by regulation and the individual's planning team determines
the additional services are consistent with the provisions of the
individual program plan. Additional staff should be periodically
reviewed by the planning team for consistency with the individual
program plan objectives in order to determine if continued use of the
additional staff is necessary and appropriate and if the service is
producing outcomes consistent with the individual program plan.
Regional centers shall monitor programs to ensure that the additional
staff is being provided and utilized appropriately.
(10) Emergency and crisis intervention services including, but not
limited to, mental health services and behavior modification
services, may be provided, as needed, to maintain persons with
developmental disabilities in the living arrangement of their own
choice. Crisis services shall first be provided without disrupting a
person's living arrangement. If crisis intervention services are
unsuccessful, emergency housing shall be available in the person's
home community. If dislocation cannot be avoided, every effort shall
be made to return the person to his or her living arrangement of
choice, with all necessary supports, as soon as possible.
(11) Among other service and support options, planning teams shall
consider the use of paid roommates or neighbors, personal
assistance, technical and financial assistance, and all other service
and support options which would result in greater self-sufficiency
for the consumer and cost-effectiveness to the state.
(12) When facilitation as specified in an individual program plan
requires the services of an individual, the facilitator shall be of
the consumer's choosing.
(13) The community support may be provided to assist individuals
with developmental disabilities to fully participate in community and
civic life, including, but not limited to, programs, services, work
opportunities, business, and activities available to persons without
disabilities. This facilitation shall include, but not be limited to,
any of the following:
(A) Outreach and education to programs and services within the
community.
(B) Direct support to individuals which would enable them to more
fully participate in their community.
(C) Developing unpaid natural supports when possible.
(14) When feasible and recommended by the individual program
planning team, for purposes of facilitating better and cost-effective
services for consumers or family members, technology, including
telecommunication technology, may be used in conjunction with other
services and supports. Technology in lieu of a consumer's in-person
appearances at judicial proceedings or administrative due process
hearings may be used only if the consumer or, when appropriate, the
consumer's parent, legal guardian, conservator, or authorized
representative, gives informed consent. Technology may be used in
lieu of, or in conjunction with, in-person training for providers, as
appropriate.
(14)
(15) Other services and supports may be provided as set
forth in Sections 4685, 4686, 4687, 4688, and 4689, when necessary.
(15)
(16) Notwithstanding any other provision of law or
regulation to the contrary, effective July 1, 2009, regional centers
shall not purchase
experimental treatments, therapeutic services, or devices that have
not been clinically determined or scientifically proven to be
effective or safe or for which risks and complications are unknown.
Experimental treatments or therapeutic services include experimental
medical or nutritional therapy when the use of the product for that
purpose is not a general physician practice. For regional center
consumers receiving these services as part of their individual
program plan (IPP) or individualized family service plan (IFSP) on
July 1, 2009, this prohibition shall apply on August 1, 2009.
(b) (1) Advocacy for, and protection of, the civil, legal, and
service rights of persons with developmental disabilities as
established in this division.
(2) Whenever the advocacy efforts of a regional center to secure
or protect the civil, legal, or service rights of any of its
consumers prove ineffective, the regional center or the person with
developmental disabilities or his or her parents, legal guardian, or
other representative may request the area board to initiate action
under the provisions defining area board advocacy functions
established in this division.
(c) The regional center may assist consumers and families
directly, or through a provider, in identifying and building circles
of support within the community.
(d) In order to increase the quality of community services and
protect consumers, the regional center shall, when appropriate, take
either of the following actions:
(1) Identify services and supports that are ineffective or of poor
quality and provide or secure consultation, training, or technical
assistance services for any agency or individual provider to assist
that agency or individual provider in upgrading the quality of
services or supports.
(2) Identify providers of services or supports that may not be in
compliance with local, state, and federal statutes and regulations
and notify the appropriate licensing or regulatory authority, or
request the area board to investigate the possible noncompliance.
(e) When necessary to expand the availability of needed services
of good quality, a regional center may take actions that include, but
are not limited to, the following:
(1) Soliciting an individual or agency by requests for proposals
or other means, to provide needed services or supports not presently
available.
(2) Requesting funds from the Program Development Fund, pursuant
to Section 4677, or community placement plan funds designated from
that fund, to reimburse the startup costs needed to initiate a new
program of services and supports.
(3) Using creative and innovative service delivery models,
including, but not limited to, natural supports.
(f) Except in emergency situations, a regional center shall not
provide direct treatment and therapeutic services, but shall utilize
appropriate public and private community agencies and service
providers to obtain those services for its consumers.
(g) Where there are identified gaps in the system of services and
supports or where there are identified consumers for whom no provider
will provide services and supports contained in his or her
individual program plan, the department may provide the services and
supports directly.
(h) At least annually, regional centers shall provide the
consumer, his or her parents, legal guardian, conservator, or
authorized representative a statement of services and supports the
regional center purchased for the purpose of ensuring that they are
delivered. The statement shall include the type, unit, month, and
cost of services and supports purchased.
SEC. 12. Section 4684.53 of the Welfare
and Institutions Code is amended to read:
4684.53. (a) The State Department of Developmental Services and
the State Department of Social Services shall jointly implement a
licensing program to provide special health care and intensive
support services to adults in homelike community settings.
(b) The pilot project program shall
be implemented through the following regional centers only:
approved community placement plans as follows:
(1) For closure of Agnews Developmental Center, through the
following regional centers:
(1)
(A) The San Andreas Regional Center.
(2)
(B) The Regional Center of the East Bay.
(3)
(C) The Golden Gate Regional Center.
(4)
(2) All regional centers involved in the closure of the
Lanterman Developmental Center, as determined by the State
Department of Developmental Services.
(3) All regional centers transitioning developmental center
residents to placements in the community.
(c) Each ARFPSHN shall possess a community care facility license
issued pursuant to Article 9 (commencing with Section 1567.50) of
Chapter 3 of Division 2 of the Health and Safety Code, and shall be
subject to the requirements of Chapter 1 (commencing with Section
80000) of Division 6 of Title 22 of the California Code of
Regulations, except for Article 8 (commencing with Section 80090).
(d) For purposes of this article, a health facility licensed
pursuant to subdivision (e) or (h) of Section 1250 may place its
licensed bed capacity in voluntary suspension for the purpose of
licensing the facility to operate an ARFPSHN if the facility is
selected to participate pursuant to Section 4684.58. Consistent with
subdivision (a) of Section 4684.50, any facility licensed pursuant to
this section shall serve up to five adults. A facility's bed
capacity shall not be placed in voluntary suspension until all
consumers residing in the facility under the license to be suspended
have been relocated. No consumer may be relocated unless it is
reflected in the consumer's individual program plan developed
pursuant to Sections 4646 and 4646.5.
(e) Each ARFPSHN shall be subject to the requirements of
Subchapters 5 through 9 of Chapter 1 of, and Subchapters 2 and 4 of
Chapter 3 of, Division 2 of Title 17 of the California Code of
Regulations.
(f) Each ARFPSHN shall ensure that an operable automatic fire
sprinkler system is installed and maintained.
(g) Each ARFPSHN shall have an operable automatic fire sprinkler
system that is approved by the State Fire Marshal and that meets the
National Fire Protection Association (NFPA) 13D standard for the
installation of sprinkler systems in single- and two-family dwellings
and manufactured homes. A local jurisdiction shall not require a
sprinkler system exceeding this standard by amending the standard or
by applying standards other than NFPA 13D. A public water agency
shall not interpret this section as changing the status of a facility
from a residence entitled to residential water rates, nor shall a
new meter or larger connection pipe be required of the facility.
(h) Each ARFPSHN shall provide an alternative power source to
operate all functions of the facility for a minimum of six hours in
the event the primary power source is interrupted. The alternative
power source shall comply with the manufacturer's recommendations for
installation and operation. The alternative power source shall be
maintained in safe operating condition, and shall be tested every 14
days under the full load condition for a minimum of 10 minutes.
Written records of inspection, performance, exercising period, and
repair of the alternative power source shall be regularly maintained
on the premises and available for inspection by the State Department
of Developmental Services.
SEC. 13. Section 4684.65 of the Welfare
and Institutions Code is amended to read:
4684.65. (a) A regional center shall not place, or fund the
placement for, any consumer in an ARFPSHN until the individual health
care plan team has prepared a written individual health care plan
that can be fully and immediately implemented upon the consumer's
placement.
(b) (1) An ARFPSHN shall only accept, for initial admission,
consumers who meet both of the following requirements:
(A) Reside at Lanterman Developmental Center
in a developmental center at the time of the proposed
placement.
(B) Have an individual program plan that specifies special
health care and intensive support needs that indicate the
appropriateness of placement in an ARFPSHN.
(C) Have special health care and intensive support needs.
(2) Except as provided in paragraph (3), when a vacancy in an
ARFPSHN occurs due to the permanent relocation or death of a
resident, the vacancy may only be filled by a
consumer who meets the requirements of paragraph (1).
(3) If there is no resident residing in a developmental center
from any regional center who meets the requirements of
subparagraphs subparagraph (B)
and (C) of paragraph (1), a vacancy may be filled by a
consumer of any regional center who is at risk of
placement into does not reside in a
developmental center, as determined by center
if the regional center, and who
consumer otherwise meets the requirements of
subparagraphs subparagraph (B) and (C)
of paragraph (1). (1), the regional
center demonstrates that the placement is necessary to protect the
consumer's health or safety, and the department has granted prior
written authorization.
(c) The ARFPSHN shall not admit a consumer if the individual
health care plan team determines that the consumer is likely to
exhibit behaviors posing a threat of substantial harm to others, or
has a serious health condition that is unpredictable or unstable. A
determination that the individual is a threat to others may only be
based on objective evidence or recent behavior and a determination
that the threat cannot be mitigated by reasonable interventions.
SEC. 14. Section 4684.74 of the Welfare
and Institutions Code is amended to read:
4684.74. The State Department of Developmental Services shall
only approve the development of Adult Residential Facilities for
Persons with Special Health Care Needs (ARFPSHNs) that are directly
associated with the orderly closure community
placement of the Lanterman Developmental Center,
unless a later enacted statute deletes or extends this provision.
developmental center residents.
SEC. 15. Section 4689 of the Welfare
and Institutions Code is amended to read:
4689. Consistent with state and federal law, the Legislature
places a high priority on providing opportunities for adults with
developmental disabilities, regardless of the degree of disability,
to live in homes that they own or lease with support available as
often and for as long as it is needed, when that is the preferred
objective in the individual program plan. In order to provide
opportunities for adults to live in their own homes, the following
procedures shall be adopted:
(a) The department and regional centers shall ensure that
supported living arrangements adhere to the following principles:
(1) Consumers shall be supported in living arrangements which are
typical of those in which persons without disabilities reside.
(2) The services or supports that a consumer receives shall change
as his or her needs change without the consumer having to move
elsewhere.
(3) The consumer's preference shall guide decisions concerning
where and with whom he or she lives.
(4) Consumers shall have control over the environment within their
own home.
(5) The purpose of furnishing services and supports to a consumer
shall be to assist that individual to exercise choice in his or her
life while building critical and durable relationships with other
individuals.
(6) The services or supports shall be flexible and tailored to a
consumer's needs and preferences.
(7) Services and supports are most effective when furnished where
a person lives and within the context of his or her day-to-day
activities.
(8) Consumers shall not be excluded from supported living
arrangements based solely on the nature and severity of their
disabilities.
(b) Regional centers may contract with agencies or individuals to
assist consumers in securing their own homes and to provide consumers
with the supports needed to live in their own homes.
(c) The range of supported living services and supports available
include, but are not limited to, assessment of consumer needs;
assistance in finding, modifying and maintaining a home; facilitating
circles of support to encourage the development of unpaid and
natural supports in the community; advocacy and self-advocacy
facilitation; development of employment goals; social, behavioral,
and daily living skills training and support; development and
provision of 24-hour emergency response systems; securing and
maintaining adaptive equipment and supplies; recruiting, training,
and hiring individuals to provide personal care and other assistance,
including in-home supportive services workers, paid neighbors, and
paid roommates; providing respite and emergency relief for personal
care attendants; and facilitating community participation. Assessment
of consumer needs may begin before 18 years of age to enable the
consumer to move to his or her own home when he or she reaches 18
years of age.
(d) Regional centers shall provide information and education to
consumers and their families about supported living principles and
services.
(e) Regional centers shall monitor and ensure the quality of
services and supports provided to individuals living in homes that
they own or lease. Monitoring shall take into account all of the
following:
(1) Adherence to the principles set forth in this section.
(2) Whether the services and supports outlined in the consumer's
individual program plan are congruent with the choices and needs of
the individual.
(3) Whether services and supports described in the consumer's
individual program plan are being delivered.
(4) Whether services and supports are having the desired effects.
(5) Whether the consumer is satisfied with the services and
supports.
(f) The planning team, established pursuant to subdivision (j) of
Section 4512, for a consumer receiving supported living services
shall confirm that all appropriate and available sources of natural
and generic supports have been utilized to the fullest extent
possible for that consumer.
(g) Regional centers shall utilize the same supported living
provider for consumers who reside in the same domicile, provided that
each individual consumer's particular needs can still be met
pursuant to his or her individual program plans.
(h) Rent, mortgage, and lease payments of a supported living home
and household expenses shall be the responsibility of the consumer
and any roommate who resides with the consumer.
(i) A regional center shall not make rent, mortgage, or lease
payments on a supported living home, or pay for household expenses of
consumers receiving supported living services, except under the
following circumstances:
(1) If all of the following conditions are met, a regional center
may make rent, mortgage, or lease payments as follows:
(A) The regional center executive director verifies in writing
that making the rent, mortgage, or lease payments or paying for
household expenses is required to meet the specific care needs unique
to the individual consumer as set forth in an addendum to the
consumer's individual program plan, and is required when a consumer's
demonstrated medical, behavioral, or psychiatric condition presents
a health and safety risk to himself or herself, or another.
(B) During the time period that a regional center is making rent,
mortgage, or lease payments, or paying for household expenses, the
supported living services vendor shall assist the consumer in
accessing all sources of generic and natural supports consistent with
the needs of the consumer.
(C) The regional center shall not make rent, mortgage, or lease
payments on a supported living home or pay for household expenses for
more than six months, unless the regional center finds that it is
necessary to meet the individual consumer's particular needs pursuant
to the consumer's individual program plan. The regional center shall
review a finding of necessity on a quarterly basis and the regional
center executive director shall annually verify in an addendum to the
consumer's individual program plan that the requirements set forth
in subparagraph (A) continue to be met.
(2) A regional center that has been contributing to rent,
mortgage, or lease payments or paying for household expenses prior to
July 1, 2009, shall at the time of development, review, or
modification of a consumer's individual program plan determine if the
conditions in paragraph (1) are met. If the planning team determines
that these contributions are no longer appropriate under this
section, a reasonable time for transition, not to exceed six months,
shall be permitted.
(j) All paid roommates and live-in support staff in supported
living arrangements in which regional centers have made rent,
mortgage, or lease payments, or have paid for household expenses
pursuant to subdivision (i) shall pay their share of the rent,
mortgage, or lease payments or household expenses for the supported
living home, subject to the requirements of Industrial Welfare
Commission Order No. 15-2001 and the Housing Choice Voucher Program,
as set forth in Section 1437f of Title 42 of the United States Code.
(k) Regional centers shall ensure that the supported living
services vendors' administrative costs are necessary and reasonable,
given the particular services that they are providing and the number
of consumers to whom the vendor provides services. Administrative
costs shall be limited to allowable costs for community-based day
programs, as defined in Section 57434 of Title 17 of the California
Code of Regulations, or its successor.
( l ) Regional centers shall ensure that the most
cost-effective of the rate methodologies is utilized to determine the
negotiated rate for vendors of supported living services, consistent
with Section 4689.8 and Title 17 of the California Code of
Regulations.
(m) For purposes of this section, "household expenses" means
general living expenses and includes, but is not limited to,
utilities paid and food consumed within the home.
(n) A supported living services provider shall provide assistance
to a consumer who is a Medi-Cal beneficiary in applying for in-home
supportive services, as set forth in Section 12300, within five days
of the consumer moving into a supported living services arrangement.
(o) For consumers receiving supported living services who share a
household with one or more adults receiving supported living
services, efficiencies in the provision of service may be achieved if
some tasks can be shared, meaning the tasks can be provided at the
same time while still ensuring that each person's individual needs
are met. These tasks shall only be shared to the extent they are
permitted under the Labor Code and related regulations, including,
but not limited to, Industrial Welfare Commission Minimum Wage Order
No. 15. The planning team, as defined in subdivision (j) of Section
4512, at the time of development, review, or modification of a
consumer's individual program plan (IPP), for housemates currently in
a supported living arrangement or planning to move together into a
supported living arrangement, or for consumers who live with a
housemate not receiving supported living services who is responsible
for the task, shall consider, with input from the service provider,
whether any tasks, such as meal preparation and cleanup, menu
planning, laundry, shopping, general household tasks, or errands can
appropriately be shared. If tasks can be appropriately shared, the
regional center shall purchase the prorated share of the activity.
Upon a determination of a reduction in services pursuant to this
section, the regional center shall inform the consumer of the reason
for the determination, and shall provide a written notice of fair
hearing rights pursuant to Section 4701.
(p) (1) To ensure that consumers in or
entering into supported living arrangements receive the
appropriate amount and type of supports, an independent
assessment shall be required for consumers currently receiving, or
initially entering, supported living who have supported living
services costs, or have an initial recommendation for service costs,
that exceed 125 percent of supports to meet the
annual statewide average cost of supported living services,
person's choice and needs as published
determined by the department commencing
June 30, 2011. Notwithstanding any other provision of law,
commencing July 1, 2011, regional centers shall identify consumers
currently receiving supported living services, pursuant to this
section, whose annual supported living service costs exceed 125
percent of the annual statewide average cost of supported living
services. The regional center shall also identify consumers who have
an initial recommendation for supported living service costs
IPP team, and that exceed 125 percent
of the annual statewide average cost of supported living services.
For those consumers identified pursuant generic
resources are utilized to this subdivision,
the regional center shall arrange for an independent
assessment to be completed prior to fullest extent
possible, the next scheduled IPP
for consumers currently in team shall complete a
supported living arrangement and within 30 days
standardized assessment questionnaire at the time of
identification development, review, or
modification of consumers with an initial
recommendation for services. a consumer's IPP.
The independent assessment questionnaire
shall be completed by an impartial entity or
individual other than the supported living services agency providing,
or planning to provide, the service and shall be used
during IPP meetings the individual program
plan meetings, in addition to assist the
team provider's assessment, to
determine assist in determining whether the
services provided or recommended are necessary and sufficient and
that the most cost-effective methods of service
supported living services are utilized. Decisions
about supported living With input from stakeholders,
including regional centers, the department shall be
made by develop and post the IPP team.
The independent assessment process questionnaire on
its Internet Web site, and, by June 30, 2012, shall
adhere provide it to all of
the following: regional centers.
(1)
(2) Supported living service providers shall conduct
comprehensive assessments for the purpose of getting to know the
consumer they will be supporting and developing a support plan
congruent with the choices and needs of the individual and consistent
with the principles of supported living set forth in this section
and in Subchapter 19 (commencing with Section 58600) of Chapter 3 of
Division 2 of Title 17 of the California Code of Regulations. The
independent assessment required by this paragraph is not intended to
take the place of or repeat the service provider's comprehensive
assessment. The purpose of the independent assessment is to
provide an additional look at whether the supported living services
being provided, or being proposed for a person initially entering
supported living, are necessary, sufficient, or cost-effective to
meet the person's choices and needs, as determined by the
comprehensive assessment and the planning team. The independent needs
assessment may include, but is not limited to, use of natural and
generic support, technology that provides support otherwise necessary
through direct staffing hours, shared housing, support alternatives,
learning methods, lifting and transferring, bathroom, grooming,
meals, communication, transportation, mobility, emergency procedures,
medication management, household responsibilities, personal needs,
interpersonal relationships, and behavioral, medical, and overnight
supports.
(2) A consumer shall not be excluded from supported living
services based on an independent assessment.
(3) The entity or individual conducting independent assessments
shall not be an employee of a regional center or the consumer's
service provider. Current supported living providers may conduct
independent assessments for consumers being supported, or about to be
supported, by other providers. However a provider who conducts an
independent assessment may not provide direct services to a consumer
it has assessed for a period of one year. Each regional center shall
publicly identify the entities and individuals it will use to conduct
independent assessments. Regional centers shall ensure there are
sufficient independent assessors so that assessments can be provided
when required without undue delay.
(4) Initial entry into supported living shall not be delayed for
more than 30 days following the determination to request an
independent assessment due to the need for an independent assessment
pursuant to this section. If the independent assessment cannot be
conducted within that time period, the individual may move into
supported living with the amount of supports recommended by the
service provider's comprehensive assessment and an additional IPP to
consider the results of the independent assessment shall be conducted
when that assessment becomes available, if necessary. For
individuals currently in a supported living arrangement, supports
shall continue at the same level while the independent assessment is
being conducted.
(5) Independent assessors shall meet all of the following
qualifications:
(A) Have a demonstrated understanding of the foundation of
supported living as a service that assists an individual to live in
his or her own home with supports as needed to be part of their
community and of the principles and operational requirements of
supported living set
forth in this section and in Subchapter 19 (commencing with Section
58600) of Chapter 3 of Division 2 of Title 17 of the California Code
of Regulations.
(B) Have a demonstrated understanding of the IPP process and the
legal rights of people with developmental disabilities in California.
(C) Have experience with the provision of supported living
services in California.
(6) The department shall establish a rate of payment for an
independent assessment.
(7) The planning team, as defined in subdivision (j) of Section
4512, shall consider the independent assessment along with the
provider's assessment, if available, and any other relevant
information in determining whether there should be any adjustment to
the amount or type of supports currently being received by
individuals in supported living arrangement or recommended for
individuals initially entering supported living arrangement. Any
decisions to reduce supports shall not be applied retroactively.
(8) A consumer shall be reassessed as described in this
subdivision every three years in conjunction with the consumer's IPP
review to determine whether all services are necessary and sufficient
and to ensure that the most cost-effective methods of service are
being utilized.
(9) Individuals who are moving to a supported living arrangement
or have moved to a supported living arrangement from a developmental
center or state-operated community facility shall not be required to
have an additional assessment during the first 12 months following
placement.
(10)
(3) Upon a determination of a reduction in services
pursuant to this section, the regional center shall inform the
consumer of the reason for the determination, and shall provide a
written notice of fair hearing rights pursuant to Section 4701.
(11)
(4) Nothing in this section precludes the completion of
an independent assessment for other purposes.
assessment.
SEC. 16. Section 4791 of the Welfare and
Institutions Code is amended to read:
4791. (a) Notwithstanding any other provision of law or
regulation, between from July 1, 2010,
and until June 30, 2012,
inclusive, 2013, regional centers may
temporarily modify personnel requirements, functions, or
qualifications, or staff training requirements for providers, except
for licensed or certified residential providers, whose payments are
reduced by 4.25 1.25 percent pursuant
to the amendments to Section 10 of Chapter 13 of the Third
Extraordinary Session of the Statutes of 2009, as amended by
Section 164 of Chapter 717 of the Statutes of
2010. act amending this section.
(b) A temporary modification pursuant to subdivision (a),
effective during any agreed upon period of time between
from July 1, 2010, and
until June 30, 2012, inclusive, 2013,
may only be approved when the regional center determines that
the change will not do any of the following:
(1) Adversely affect the health and safety of a consumer receiving
services or supports from the provider.
(2) Result in a consumer receiving services in a more restrictive
environment.
(3) Negatively impact the availability of federal financial
participation.
(4) Violate any state licensing or labor laws or other provisions
of Title 17 of the California Code of Regulations not eligible for
modification pursuant to this section.
(c) A temporary modification pursuant to subdivision (a) shall be
described in a written services contract between the regional center
purchasing the services and the provider, and a copy of the written
services contract and any related documentation shall be retained by
the provider and the regional center purchasing the services from the
provider.
(d) Notwithstanding any other provision of law or regulation, the
department shall suspend, from July 1, 2010, to
until June 30, 2012, inclusive,
2013, the requirements described in Sections 56732 and 56800 of
Title 17 of the California Code of Regulations requiring
community-based day programs and in-home respite agencies to conduct
annual reviews and to submit written reports to vendoring regional
centers, user regional centers, and the department.
(e) Notwithstanding any other provision of law or regulation, from
July 1, 2010, to until June 30,
2012, inclusive, 2013, a residential
service provider, vendored by a regional center and whose payment is
reduced by 4.25 1.25 percent pursuant
to the amendments to Section 10 of Chapter 13 of the Third
Extraordinary Session of the Statutes of 2009, as amended by
Section 164 of Chapter 717 of the Statutes of
2010, act amending this section, shall not be
required to complete quarterly and semiannual progress reports
required in subdivisions (b) and (c) of Section 56026 of Title 17 of
the California Code of Regulations. During program review, the
provider shall inform the regional center case manager of the
consumer's progress and any barrier to the implementation of the
individual program plan for each consumer residing in the residence.
SEC. 17. Section 4792.1 is added to the
Welfare and Institutions Code , to read:
4792.1. (a) This section shall only be operative if the condition
set forth in subdivision (a) of Section 3.62 of the Budget Act of
2012 is satisfied. It is the intent of the Legislature for the
department to identify up to fifty million dollars ($50,000,000) in
General Fund savings from within the overall developmental services
system, including any savings or reductions within state
administrative support, operation of the developmental centers, and
operation of the regional centers, including administration and the
purchase of services where applicable.
(b) It is the intent of the Legislature to keep the reductions
made pursuant to this section as far away as feasible from consumer's
direct needs, services, and supports, including health, safety, and
quality of life.
(c) A variety of strategies, including, but not limited to, all of
the following, may be used to achieve this reduction:
(1) Savings attributable to caseload adjustments, changes in
expenditure trends, unexpended contract funds, or other
administrative savings or restructuring.
(2) Savings attributable to the establishment of best practices
for the administrative management of regional centers and for
regional centers to use when purchasing services for consumers and
families. In order to achieve these savings, the department shall
review and submit to the Legislature best practices pursuant to
subdivisions (b) to (g), inclusive, of Section 4620.3. The department
shall submit the proposed best practices to the fiscal and
applicable policy committees of the Legislature. This submission
shall include a description of the process that was followed to
collaborate with system stakeholders, the anticipated impact of the
best practices coupled with prior reductions on consumers, families,
and providers, estimated cost savings associated with each practice,
and draft statutory language necessary to implement the best
practices. Consistent with subdivision (h) of Section 4620.3,
implementation of the best practices shall take effect only upon
subsequent legislative enactment.
(d) The department shall consider input from stakeholders,
including consumers and family members, consumer-focused advocacy
groups, service provider representatives, regional center
representatives, developmental center representatives, other
stakeholders, and staff of the Legislature, to develop General Fund
savings proposals as necessary.
(e) If the condition set forth in subdivision (a) of Section 3.62
of the Budget Act of 2012 is satisfied, and the department is
directed to identify up to fifty million dollars ($50,000,000) in
General Fund savings from within the developmental services system,
any savings or reductions identified shall be reported to the Joint
Legislative Budget Committee within 10 days of the reduction as
directed by subdivision (e) of Section 3.62 of the Budget Act of
2012.
SEC. 18. Section 6000 of the Welfare
and Institutions Code is amended to read:
6000. (a) Pursuant to applicable rules and
regulations established by the State Department of Mental Health or
the State Department of Developmental Services, the medical director
of a state hospital for the mentally disordered or developmentally
disabled may receive in such hospital, as a boarder and patient, any
person who is a suitable person for care and treatment in such
hospital, upon receipt of a written application for the admission of
the person into the hospital for care and treatment made in
accordance with the following requirements:
(a)
(1) In the case of an adult person, the application
shall be made voluntarily by the person, at a time when he is in such
condition of mind as to render him competent to make it or, if he is
a conservatee with a conservator of the person or person and estate
who was appointed under Chapter 3 (commencing with Section 5350) of
Part 1 of Division 5 with the right as specified by court order under
Section 5358 to place his conservatee in a state hospital, by his
conservator.
(b)
(2) In the case of a minor person, the application
shall be made by his parents, or by the parent, guardian,
conservator, or other person entitled to his custody to any of such
mental hospitals as may be designated by the Director of Mental
Health or the Director of Developmental Services to admit minors on
voluntary applications. If the minor has a conservator of the person,
or the person and the estate, appointed under Chapter 3 (commencing
with Section 5350) of Part 1 of Division 5, with the right as
specified by court order under Section 5358 to place the conservatee
in a state hospital the application for the minor shall be made by
his conservator.
Any such person received in a state hospital shall be deemed a
voluntary patient.
Upon the admission of a voluntary patient to a state hospital the
medical director shall immediately forward to the office of the State
Department of Mental Health or the State Department of Developmental
Services the record of such voluntary patient, showing the name,
residence, age, sex, place of birth, occupation, civil condition,
date of admission of such patient to such hospital, and such other
information as is required by the rules and regulations of the
department.
The charges for the care and keeping of a mentally disordered
person in a state hospital shall be governed by the provisions of
Article 4 (commencing with Section 7275) of Chapter 3 of Division 7
relating to the charges for the care and keeping of mentally
disordered persons in state hospitals.
A voluntary adult patient may leave the hospital or institution at
any time by giving notice of his desire to leave to any member of
the hospital staff and completing normal hospitalization departure
procedures. A conservatee may leave in a like manner if notice is
given by his conservator.
A minor person who is a voluntary patient may leave the hospital
or institution after completing normal hospitalization departure
procedures after notice is given to the superintendent or person in
charge by the parents, or the parent, guardian, conservator, or other
person entitled to the custody of the minor, of their desire to
remove him from the hospital.
No person received into a state hospital, private mental
institution, or county psychiatric hospital as a voluntary patient
during his minority shall be detained therein after he reaches the
age of majority, but any such person, after attaining the age of
majority, may apply for admission into the hospital or institution
for care and treatment in the manner prescribed in this section for
applications by adult persons.
(b) The State Department of Mental Health or
the State Department of Developmental Services shall establish such
rules and regulations as are necessary to carry out properly the
provisions of this section.
(c) Commencing July 1, 2012, the department shall not admit any
person to a developmental center pursuant to this section.
SEC. 19. Section 6500 of the Welfare
and Institutions Code is amended to read:
6500. On and after July 1, 1971, no mentally retarded person may
be committed to the State Department of Developmental Services
pursuant to this article, unless he or she is a danger to himself or
herself, or others. For the purposes of this article, dangerousness
to self or others shall be considered to
6500. (a) For purposes of this article, the
following definitions shall apply:
(1) "Dangerousness to self or others"
shall include, but not be limited to, a finding of incompetence
to stand trial pursuant to the provisions of Chapter 6 (commencing
with Section 1367) of Title 10 of Part 2 of the Penal Code when the
defendant has been charged with murder, mayhem, aggravated mayhem, a
violation of Section 207, 209, or 209.5 of the Penal Code in which
the victim suffers intentionally inflicted great bodily injury,
robbery perpetrated by torture or by a person armed with a dangerous
or deadly weapon or in which the victim suffers great bodily injury,
carjacking perpetrated by torture or by a person armed with a
dangerous or deadly weapon or in which the victim suffers great
bodily injury, a violation of subdivision (b) of Section 451 of the
Penal Code, a violation of paragraph (1) or (2) of subdivision (a) of
Section 262 or paragraph (2) or (3) of subdivision (a) of Section
261 of the Penal Code, a violation of Section 288 of the Penal Code,
any of the following acts when committed by force, violence, duress,
menace, fear of immediate and unlawful bodily injury on the victim or
another person: a violation of paragraph (1) or (2) of subdivision
(a) of Section 262 of the Penal Code, a violation of Section 264.1,
286, or 288a of the Penal Code, or a violation of subdivision (a) of
Section 289 of the Penal Code; a violation of Section 459 of the
Penal Code in the first degree, assault with intent to commit murder,
a violation of Section 220 of the Penal Code in which the victim
suffers great bodily injury, a violation of Section 18725, 18740,
18745, 18750, or 18755 of the Penal Code, or if the defendant has
been charged with a felony involving death, great bodily injury, or
an act which poses a serious threat of bodily harm to another person.
(2) "Developmental disability" shall have the same meaning as
defined in subdivision (a) of Section 4512.
(b) (1) A person with a developmental disability shall not be
committed to the State Department of Developmental Services pursuant
to this article unless he or she is a person described in paragraph
(2) or (3) of subdivision (a) of Section 7505 and is dangerous to
self or others.
If
(2) If the
mentally retarded person person with a developmental
disability is in the care or treatment of a state hospital,
developmental center, or other facility at the time a petition for
commitment is filed pursuant to this article, proof of a recent overt
act while in the care and treatment of a state hospital,
developmental center, or other facility is not required in order to
find that the person is a danger to self or others.
Any order of commitment made pursuant to this article shall expire
automatically one year after the order of commitment is made. This
section shall not be construed to prohibit any party enumerated in
Section 6502 from filing subsequent petitions for additional periods
of commitment. In the event subsequent petitions are filed, the
procedures followed shall be the same as with an initial petition for
commitment.
In
(3) In any proceedings
conducted under the authority of this article, the person
alleged mentally retarded person to have a
developmental disability shall be informed of his or her right
to counsel by the court, and if the person does not have an attorney
for the proceedings, the court shall immediately appoint the public
defender or other attorney to represent him or her. The person shall
pay the cost for the legal services if he or she is able to do so. At
any judicial proceeding under the provisions of this article,
allegations that a person is mentally retarded
has a developmental disability and a danger
is dangerous to himself or herself or to others
shall be presented by the district attorney for the county unless the
board of supervisors, by ordinance or resolution, delegates this
authority to the county counsel. The clients' rights advocate
for the regional center may attend any judicial proceedings to assist
in protecting the individual's rights.
(c) (1) Any order of commitment made pursuant to this article with
respect to a person described in paragraph (3) of subdivision (a) of
Section 7505 shall expire automatically one year after the order of
commitment is made. This section shall not be construed to prohibit
any party enumerated in Section 6502 from filing subsequent petitions
for additional periods of commitment. In the event subsequent
petitions are filed, the procedures followed shall be the same as
with an initial petition for commitment.
(2) Any order of commitment made pursuant to this article with
respect to a person described in paragraph (2) of subdivision (a) of
Section 7505 shall expire automatically six months after the earlier
of the order of commitment pursuant to this section or the order of a
placement in a developmental center pursuant to Section 6506, unless
the regional center, prior to the expiration of the order of
commitment, notifies the court in writing of the need for an
extension. The required notice shall state facts demonstrating that
the individual continues to be in acute crisis as defined in
paragraph (1) of subdivision (d) of Section 4418.7 and the
justification for the requested extension, and shall be accompanied
by the comprehensive assessment and plan described in subdivision (e)
of Section 4418.7. An order granting an extension shall not extend
the total period of commitment beyond one year, including any
placement in a developmental center pursuant to Section 6506. If,
prior to expiration of one year, the regional center notifies the
court in writing of facts demonstrating that, due to circumstances
beyond the regional center's control, the placement cannot be made
prior to expiration of the extension, and the court determines that
good cause exists, the court may grant one further extension of up to
30 days. The court may also issue any orders the court deems
appropriate to ensure that necessary steps are taken to ensure that
the individual can be safely and appropriately transitioned to the
community in a timely manner. The required notice shall state facts
demonstrating that the regional center has made significant progress
implementing the plan described in subdivision (e) of Section 4418.7
and that extraordinary circumstances exist beyond the regional center'
s control that have prevented the plan's implementation. Nothing in
this paragraph precludes the individual or any person acting on his
or her behalf from making a request for release pursuant to Section
4800, or counsel for the individual from filing a petition for habeas
corpus pursuant to Section 4801. Notwithstanding subdivision (a) of
Section 4801, for purposes of this paragraph, judicial review shall
be in the superior court of the county that issued the order of
commitment pursuant to this section.
SEC. 20. Section 6501 of the Welfare
and Institutions Code is amended to read:
6501. If a person is charged with a violent felony, as described
in Section 667.5 of the Penal Code, and the individual has been
committed to the State Department of Developmental Services pursuant
to Section 1370.1 of the Penal Code or Section 6500 for placement in
a secure treatment facility, as described in subdivision (e) of
Section 1370.1 of the Penal Code, the department shall give priority
to placing the individual at Porterville Developmental Center prior
to placing the individual at any other developmental center
that has been designated as a secure treatment facility.
SEC. 21. Section 6502 of the Welfare
and Institutions Code is amended to read:
6502. A petition for the commitment of a mentally
retarded person person with a developmental disability
to the State Department of Developmental Services who has been
found incompetent to stand trial pursuant to Chapter 6 (commencing
with Section 1367) of Title 10 of Part 2 of the Penal Code when the
defendant has been charged with one or more of the offenses
identified or described in Section 6500, may be filed in the superior
court of the county that determined the question of mental
competence of the defendant. All other petitions may be filed in the
county in which that person is physically present. The following
persons may request the person authorized to present allegations
pursuant to Section 6500 to file a petition for commitment:
(a) The parent, guardian, conservator, or other person charged
with the support of the mentally retarded person.
person with a developmental disability.
(b) The probation officer.
(c) The Youth Authority. Department of
Corrections and Rehabilitation, Division of Juvenile Justice.
(d) Any person designated for that purpose by the judge of the
court.
(e) The Director Secretary of
Corrections. the Department of Corrections
and Rehabilitation.
(f) The regional center director or his or her designee.
The request shall state the petitioner's reasons for supposing the
person to be eligible for admission thereto, and shall be verified
by affidavit.
SEC. 22. Section 6504 of the Welfare
and Institutions Code is amended to read:
6504. In all cases the court shall require due notice of the
hearing of the petition to be given to the person alleged
mentally retarded person. to have a
developmental disability. Whenever a petition is filed, the
court shall require such notice of the hearing of the petition as it
deems proper to be given to any parent, guardian, conservator, or
other person charged with the support of the person mentioned in the
petition.
SEC. 23. Section 6504.5 of the Welfare
and Institutions Code is amended to read:
6504.5. Wherever a petition is filed pursuant to this article,
the court shall appoint the director of a regional center for the
developmentally disabled established under Division 4.5 of
this code, (commencing with Section 4500), or
the designee of the director, to examine the person
alleged mentally retarded person. to have a
developmental disability.
Within 15 judicial days after his or her appointment, the regional
center director or designee shall submit to the court in writing a
report containing his or her evaluation of the person
alleged mentally retarded person. to have a
developmental disability. If the person is an individual described in
paragraph (2) of subdivision (a) of Section 7505, the report shall
include the results of the assessment conducted pursuant to
subdivision (b) of Section 4418.7. The report shall contain a
recommendation of a facility or facilities in which the alleged
developmentally disabled person may be placed.
The report shall include a description of the least restrictive
residential placement necessary to achieve the purposes of treatment.
In determining the least restrictive residential placement,
consideration shall be given to public safety. If placement into or
out of a developmental center is recommended, the regional center
director or designee simultaneously shall submit the report to the
executive director of the developmental center or his or her
designee. The executive director of the developmental center or his
or her designee may, within 15 days of receiving the regional center
report, submit to the court a written report evaluating the ability
of the developmental center to achieve the purposes of treatment for
this person and whether the developmental center placement can
adequately provide the security measures or systems required to
protect the public health and safety from the potential dangers posed
by the person's known behaviors.
The reports prepared by the regional center director and
developmental center director, if applicable, shall also address
suitable interim placements for the person as provided for in Section
6506.
SEC. 24. Section 6506 of the Welfare
and Institutions Code is amended to read:
6506. Pending the hearing, the court may order that the alleged
dangerous mentally retarded person person
alleged to have a developmental disability may be left in the
charge of his or her parent, guardian, conservator, or other suitable
person, or placed in a state hospital for the
developmentally disabled, developmental center,
in the county psychiatric hospital, or in any other suitable
placement as determined by the court. Prior to the issuance of an
order under this section, the regional center and developmental
center, if applicable, shall recommend
to the court a suitable person or facility to care for
the person alleged mentally retarded person.
to have a developmental disability. The
determination of a suitable person or facility shall be the least
restrictive option that provides for the person's treatment needs and
that has existing security systems or measures in place to
adequately protect the public safety from any known dangers posed by
the person. In determining whether the public safety will be
adequately protected, the court shall make the finding required by
subparagraph (D) of paragraph (1) of subdivision (a) of Section
1370.1 of the Penal Code.
Pending the hearing, the court may order that the person receive
necessary habilitation, care, and treatment, including medical and
dental treatment.
Orders made pursuant to this section shall expire at the time set
for the hearing pursuant to Section 6503. If the court upon a showing
of good cause grants a continuance of the hearing on the matter, it
shall order that the person be detained pursuant to this section
until the hearing on the petition is held.
SEC. 25. Section 6507 of the Welfare
and Institutions Code is amended to read:
6507. The court shall inquire into the condition or status of the
person alleged mentally retarded person.
to have a developmental disability. For this
purpose it may by subpoena require the attendance before it of a
physician who has made a special study of mental retardation
developmental disabilities and is qualified as
a medical examiner, and of a clinical psychologist, or of two such
physicians, or of two such psychologists, to examine the person and
testify concerning his mentality. or her
developmental disability. The court may also by subpoena
require the attendance of such other persons as it deems advisable,
to give evidence.
SEC. 26. Section 6508 of the Welfare
and Institutions Code is amended to read:
6508. Each psychologist and physician shall receive for each
attendance mentioned in Section 6507 the sum of five dollars ($5) for
each person examined, together with his necessary actual expenses
occasioned thereby, and other witnesses shall receive for such
attendance such fees and expenses as the court in its discretion
allows, if any, not exceeding the fees and expenses allowed by law in
other cases in the superior court.
Any fees or traveling expenses payable to a psychologist,
physician, or witness as provided in this section and all expenses
connected with the execution of any process under the provisions of
this article, which are not paid by the parent, guardian,
conservator, or person charged with the support of the person
with the supposed mentally retarded person,
developmental disability, shall be paid by the county
treasurer of the county in which the person resides, upon the
presentation to the treasurer of a certificate of the judge that the
claimant is entitled thereto.
SEC. 27. Section 6509 of the Welfare
and Institutions Code is amended to read:
6509. (a) If the court finds that the person is mentally
retarded, has a developmental disability, and
that he or she is a person described in paragraph (2) or (3) of
subdivision (a) of Section 7505 and is a danger to himself,
herself, or to others, the court may make an order that the person be
committed to the State Department of Developmental Services for
suitable treatment and habilitation services. Suitable treatment and
habilitation services is defined as the least restrictive residential
placement necessary to achieve the purposes of treatment. Care and
treatment of a person committed to the State Department of
Developmental Services may include placement in any state
hospital, developmental center, any Fairview
Developmental Center if the person is an individual described in
paragraph (2) of subdivision (a) of Section 7505, the secure
treatment program at Porterville Developmental Center if the person
is an individual described in paragraph (3) of subdivision (a) of
Section 7505, any licensed community care facility, as defined
in Section 1504, or any health facility, as defined in Section 1250,
or any other appropriate placement permitted by law. The court shall
hold a hearing as to the available placement alternatives and
consider the reports of the regional center director or designee and
the developmental center director or designee submitted pursuant to
Section 6504.5. After hearing all the evidence, the court shall order
that the person be committed to that placement that the court finds
to be the most appropriate and least restrictive
alternative. If the court finds that release of the person can be
made subject to conditions that the court deems proper and adequate
for the protection and safety of others and the welfare of the
person, the person shall be released subject to those conditions.
The court, however, may commit a mentally retarded person
person with a developmental disability who is
not a resident of this state under Section 4460 for the purpose of
transportation of the person to the state of his or her legal
residence pursuant to Section 4461. The State Department of
Developmental Services shall receive the person committed to it and
shall place the person in the placement ordered by the court.
(b) If the person has at any time been found mentally incompetent
pursuant to Chapter 6 (commencing with Section 1367) of Title 10 of
Part 2 of the Penal Code arising out of a complaint charging a felony
offense specified in Section 290 of the Penal Code, the court shall
order the State Department of Developmental Services to give notice
of that finding to the designated placement facility and the
appropriate law enforcement agency or agencies having local
jurisdiction at the site of the placement facility.
(c) If the Department of Developmental Services decides that a
change in placement is necessary, it shall notify in writing the
court of commitment, the district attorney, and the attorney of
record for the person and the regional center of its decision at
least 15 days in advance of the proposed change in placement. The
court may hold a hearing and (1) approve or disapprove of the change,
or (2) take no action in which case the change shall be deemed
approved. At the request of the district attorney or of the attorney
for the person, a hearing shall be held.
SEC. 28. Section 6510.5 is added to the
Welfare and Institutions Code , to read:
6510.5. Under no circumstances shall the court order placement of
a person described in this article or a dangerous person committed
pursuant to Section 1370.1 of the Penal Code to a developmental
center if the department has specifically notified the court in
writing that the individual cannot be safely served in that
developmental center.
SEC. 29. Section 6511 of the Welfare
and Institutions Code is amended to read:
6511. Any person who knowingly contrives to have any person
adjudged mentally retarded to have a
developmental disability under the provisions of this article,
unlawfully or improperly, is guilty of a misdemeanor.
SEC. 30. Section 6512 of the Welfare
and Institutions Code is amended to read:
6512. If, when a boy or girl is brought before a juvenile court
under the juvenile court law, it appears to the court, either before
or after adjudication, that the person is mentally retarded,
has a developmental disability, or if, on the
conviction of any person of a crime by any court
court, it appears to the court that the person
is mentally retarded, has a developmental
disability, the court may adjourn the proceedings or suspend
the sentence, as the case may be, and direct some suitable person to
take proceedings under this article against the person before the
court, and the court may order that, pending the preparation, filing,
and hearing of the petition, the person before the court be detained
in a place of safety, or be placed under the guardianship of some
suitable person, on his entering into a recognizance for the
appearance of the person upon trial or under conviction when
required. If, upon the hearing of the petition, or upon a subsequent
hearing, the person upon trial or under conviction is not found to
be mentally retarded, have a developmental
disability, the court may proceed with the trial or impose
sentence, as the case may be.
SEC. 31. Section 7502.5 of the Welfare
and Institutions Code is amended to read:
7502.5. (a) The total number of developmental center residents in
the secure treatment facility at Porterville Developmental Center,
including those residents receiving services in the Porterville
Developmental Center transition treatment program, shall not exceed
230.
(b) As of the effective date of this subdivision, the State
Department of Developmental Services shall not admit any persons into
the secure treatment facility at Porterville Developmental Center
until unless the population of the
secure treatment facility is less than 230 persons , including
60 residents receiving services in the transition treatment program
.
(c) To maximize federal financial participation, the State
Department of Developmental Services shall not admit any more than
104 people who are ineligible to participate in programs certified
for federal financial participation into the secure treatment
facility at Porterville Developmental Center.
SEC. 32. Section 7505 is added to the
Welfare and Institutions Code , to read:
7505. (a) Notwithstanding any other provision of law, commencing
July 1, 2012, the State Department of Developmental Services shall
not admit anyone to a developmental center unless the person has been
determined eligible for services under Division 4.5 (commencing with
Section 4500) and the person is:
(1) Committed by a court to Porterville Developmental Center,
secure treatment program, pursuant to Section 1370.1 of the Penal
Code.
(2) Committed by a court to Fairview Developmental Center pursuant
to Article 2 (commencing with Section 6500) of Chapter 2 of Part 2
of Division 6 due to an acute crisis, pursuant to Section 4418.7.
(3) Committed by a court to Porterville Developmental Center,
secure treatment program, pursuant to Article 2 (commencing with
Section 6500) of Chapter 2 of Part 2 of Division 6 as a result of
involvement with the criminal justice system, and the court has
determined the person is mentally incompetent to stand trial.
(4) A person described in Section 4508.
(5) A juvenile committed to Porterville Developmental Center,
secure treatment program, pursuant to Section 709.
(b) Under no circumstances shall the State Department of
Developmental Services admit a person to a developmental center after
July 1, 2012, as a result of a criminal conviction or where the
person is competent to stand trial for the criminal offense and the
admission is ordered in lieu of trial.
SEC. 33. Section 7507 of the Welfare
and Institutions Code is amended to read:
7507. Subject to the provisions of Section 6509,
Sections 6509 and 7505, each state
hospital for the developmentally disabled
developmental center shall admit persons duly committed or
transferred thereto in accordance with law.
SEC. 34. Section 10 of Chapter 13 of the Statutes
of 2009, Third Extraordinary Session, as amended by Section 24 of
Chapter 37 of the Statutes of 2011, is amended to read:
Sec. 10. (a) Notwithstanding any other provision of
law, in order to implement changes in the level of funding for
regional center purchase of services, regional centers shall reduce
payments for services and supports provided pursuant to Title 14
(commencing with Section 95000) of the Government Code and Division
4.1 (commencing with Section 4400) and Division 4.5 (commencing with
Section 4500) of the Welfare and Institutions Code. From February 1,
2009, to June 30, 2010, inclusive, regional centers shall reduce all
payments for these services and supports paid from purchase of
services funds for services delivered on or after February 1, 2009,
by 3 percent, from July 1, 2010, to June 30, 2012, inclusive, by 4.25
percent, and, commencing July 1, 2012, until June 30, 2013, by 1.25
percent, unless the regional center demonstrates that a nonreduced
payment is necessary to protect the health and safety of the
individual for whom the services and supports are proposed to be
purchased, and the State Department of Developmental Services has
granted prior written approval.
(b) Regional centers shall not reduce payments pursuant to
subdivision (a) for the following:
(1) Supported employment services with rates set by Section 4860
of the Welfare and Institutions Code.
(2) Services with "usual and customary" rates established pursuant
to Section 57210 of Title 17 of the California Code of Regulations,
except as provided in subdivision (c).
(3) Payments to offset reductions in Supplemental Security
Income/State Supplementary Payment (SSI/SSP) benefits for consumers
receiving supported and independent living services.
(c) The exemption provided for in paragraph (2) of subdivision (b)
shall not apply to payments for any of the following services:
(1) Crisis and behavioral services provided by a nationally
certified or state-licensed professional, consistent with the
professional's scope of practice, as set forth in the Business and
Professions Code.
(2) Services of group practices providing behavioral intervention.
(3) Parent-coordinator home-based behavioral intervention for
children with autism.
(4) Individual or family training.
(5) Registered nurse services.
(6) Therapy services, including physical, speech, occupational,
recreational, and music therapy.
(7) Audiology services.
(8) Independent living specialist services.
(9) Translator and interpreter services.
(10) Mobility training, socialization training, or community
integration training services.
(11) Community activities support, program support, or parenting
support services.
(12) Personal assistance services.
(13) Tutoring services.
(14) Creative arts services.
(15) Early start specialized therapeutic services.
(d) Notwithstanding any other provision of law, in order to
implement changes in the level of funding appropriated for regional
centers, the department shall amend regional center contracts to
adjust regional center budgets accordingly. The contract amendments
and budget adjustments shall be exempt from the provisions of Article
1 (commencing with Section 4620) of Chapter 5 of Division 4.5 of the
Welfare and Institutions Code.
SEC. 35. The sum of one thousand dollars ($1,000)
is hereby appropriated from the General Fund to the State Department
of Developmental Services for administration.
SEC. 36. This act is a bill providing for
appropriations related to the Budget Bill within the meaning of
subdivision (e) of Section 12 of Article IV of the California
Constitution, has been identified as related to the budget in the
Budget Bill, and shall take effect immediately.
SECTION 1. It is the intent of the Legislature
to enact statutory changes relating to the Budget Act of 2012.
