Bill Text: CA SB1264 | 2019-2020 | Regular Session | Chaptered
Bill Title: Human services.
Spectrum: Bipartisan Bill
Status: (Passed) 2020-09-30 - Chaptered by Secretary of State. Chapter 367, Statutes of 2020. [SB1264 Detail]
Download: California-2019-SB1264-Chaptered.html
Senate Bill
No. 1264
CHAPTER 367
An act to amend Sections 19240, 19241, 19241.5, 19242, 19242.05, 19242.2, and 19242.3 of the Government Code, to add Sections 1565, 1565.5, and 1568.044 to the Health and Safety Code, and to amend Sections 4512, 4701.6, 4705, 4747, and 4803 of the Welfare and Institutions Code, relating to human services.
[
Approved by
Governor
September 30, 2020.
Filed with
Secretary of State
September 30, 2020.
]
LEGISLATIVE COUNSEL'S DIGEST
SB 1264, Committee on Human Services.
Human services.
(1) Existing law, the California Community Care Facilities Act, provides for the licensure and regulation of community care facilities by the State Department of Social Services, including, among others, adult day programs, group homes, enhanced behavioral support homes, and crisis nurseries. A violation of the act is a misdemeanor.
Existing law provides for the licensure and regulation of residential care facilities for persons with chronic life-threatening illness by the State Department of Health Services. For purposes of these provisions, a chronic, life-threatening illness means HIV or AIDS. A violation of these provisions is a misdemeanor.
Existing law requires a residential care facility for the elderly to have an emergency
and disaster plan that includes specified components, including evacuation procedures. Existing law requires the facility to train employees on the plan, conduct emergency drills at least quarterly, review and update the plan, and make the plan available to certain individuals upon request. Existing law also requires the facility to have specified information readily available to staff during an emergency and to have specified emergency precautions in place. Existing law requires the State Department of Social Services Community Care Licensing Division to confirm during annual licensing visits that the plan is on file and includes required content.
This bill would make the emergency and disaster preparedness provisions that are applicable to a residential care facility for the elderly, as described above, applicable to adult residential facilities and certain types of a children’s residential facility licensed under the California Community
Care Facilities Act and to a residential care facility for persons with chronic life-threatening illness. The bill would also require an adult day program licensed under the California Community Care Facilities Act to have an emergency and disaster plan with specified components including, among others, the location of all utility shut-off valves and instructions for use. By expanding the scope of crimes under these various licensing acts, this bill would impose a state-mandated local program.
(2) Existing law, the Lanterman Developmental Disabilities Services Act, establishes the State Council on Developmental Disabilities to, among other things, develop the California Developmental Disabilities State Plan and monitor and evaluate the implementation of the plan. Existing law authorizes the state council to implement the state plan by conducting specified activities, including appointing an authorized representative
for persons with developmental disabilities, as prescribed.
This bill would define “authorized representative” for purposes of the act and would update cross-references to the council’s appointment authority in various provisions of the act.
(3) Under existing state civil service law, the Department of Human Resources administers the Limited Examination and Appointment Program (LEAP) to provide an alternative to the traditional civil service examination and appointment process to facilitate the hiring of persons with disabilities. Existing law, until January 1, 2021, permits a person with a developmental disability to either complete a written examination or readiness evaluation or an internship, as specified, to qualify for service under LEAP. Existing law, until January 1, 2021, specifies that LEAP is a voluntary, additional method of applying for state employment and is not a mandate on any state agency employer or job applicant, except as specified. Existing law, until January 1, 2021, requires the department to develop and create an internship program, in coordination with
specified state entities, and establish several related requirements to that effect.
This bill would extend all of the above-described LEAP program provisions to January 1, 2022.
(4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 19240 of the Government Code, as amended by Section 2 of Chapter 356 of the Statutes of 2015, is amended to read:19240.
(a) The department, consistent with board rules, shall be responsible for the administration of the Limited Examination and Appointment Program. This program shall provide an alternative to the traditional civil service examination and appointment process to facilitate the hiring of persons with disabilities in the state civil service.(b) For purposes of this chapter, the following terms have the following meanings:
(1) “Developmental disability” has the definition set forth in Section 4512 of the Welfare and Institutions Code.
(2) “Disability” includes “mental disability” and “physical disability” as those terms are defined in Section
12926, as that section presently reads or as it subsequently may be amended.
(3) “LEAP” means the Limited Examination and Appointment Program implemented and administered by the department pursuant to this chapter.
(4) “Person with a developmental disability” means a person who the State Department of Developmental Services deems eligible for services pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and who is a consumer of a regional center pursuant to Chapter 5 (commencing with Section 4620) of the act.
(c) Notwithstanding subdivision (b), if the definition of “disability” used in the federal Americans with Disabilities Act of 1990 (Public Law 101-336) would result in broader protection of the civil rights of persons
with a mental or physical disability, as defined in subdivision (b), then that broader protection shall be deemed incorporated by reference into, and shall prevail over conflicting provisions of, the definition in subdivision (b). The definition of “disability” contained in subdivision (b) shall not be deemed to refer to or include conditions excluded from the federal definition of “disability” pursuant to Section 511 of the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12211).
(d) This section shall remain in effect only until January 1, 2022, and as of that date is repealed.
SEC. 2.
Section 19240 of the Government Code, as added by Section 3 of Chapter 356 of the Statutes of 2015, is amended to read:19240.
(a) The department, consistent with board rules, shall be responsible for the administration of the Limited Examination and Appointment Program. This program shall provide an alternative to the traditional civil service examination and appointment process to facilitate the hiring of persons with disabilities in the state civil service.(b) For purposes of this chapter, “disability” includes “mental disability” and “physical disability” as those terms are defined in Section 12926, as that section presently reads or as it subsequently may be amended.
(c) Notwithstanding subdivision (b), if the definition of “disability” used in the federal Americans with Disabilities Act of 1990 (Public Law 101-336)
would result in broader protection of the civil rights of individuals with a mental or physical disability, as defined in subdivision (b), then that broader protection shall be deemed incorporated by reference into, and shall prevail over conflicting provisions of, the definition in subdivision (b). The definition of “disability” contained in subdivision (b) shall not be deemed to refer to or include conditions excluded from the federal definition of “disability” pursuant to Section 511 of the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12211).
(d) This section shall become operative on January 1, 2022.
SEC. 3.
Section 19241 of the Government Code, as amended by Section 4 of Chapter 356 of the Statutes of 2015, is amended to read:19241.
(a) The department, consistent with board rules, shall be responsible for the implementation of this chapter, which may provide for the establishment of eligibility criteria for participation, special job classifications, examination techniques, the creation of a LEAP internship program for persons with developmental disabilities in coordination with the State Department of Developmental Services and the Department of Rehabilitation, and appointment and appeals procedures.(b) This section shall remain in effect only until January 1, 2022, and as of that date is repealed.
SEC. 4.
Section 19241 of the Government Code, as amended by Section 161 of Chapter 86 of the Statutes of 2016, is amended to read:19241.
(a) The department, consistent with board rules, shall be responsible for the implementation of this chapter, which may provide for the establishment of eligibility criteria for participation, special job classifications, examination techniques, and appointment and appeals procedures.(b) This section shall become operative on January 1, 2022.
SEC. 5.
Section 19241.5 of the Government Code is amended to read:19241.5.
(a) This chapter establishes the Limited Examination and Appointment Program as a voluntary, additional method of applying for state employment and is not a mandate on any state agency employer or job applicant, except to the extent specifically directed by the board.(b) This section shall remain in effect only until January 1, 2022, and as of that date is repealed.
SEC. 6.
Section 19242 of the Government Code, as amended by Section 7 of Chapter 356 of the Statutes of 2015, is amended to read:19242.
(a) The department or its designee shall conduct competitive examinations to determine the qualifications and readiness of persons with disabilities for state employment. The examinations may include an on-the-job-performance evaluation and any other selection techniques deemed appropriate.(b) (1) The department or its designee shall permit a person with a developmental disability to choose to complete a written examination or readiness evaluation, or to complete an internship, as described in this paragraph, in order to qualify for service in a position under the Limited Examination and Appointment Program. The use of an internship as a competitive examination of a person with a developmental disability shall consist of both of the
following:
(A) Successful completion of an internship with a state agency of at least 512 hours in duration.
(B) Certification by the state agency that the employee has completed the internship and has demonstrated the skills, knowledge, and abilities necessary to successfully perform the requirements of the position.
(2) A person with a developmental disability who successfully completes the examination or internship required by this subdivision is deemed to meet the minimum qualifications, as determined by the board, for the position in which the internship was performed.
(c) Examination results may be ranked or unranked.
(d) This section shall remain in effect only until January 1,
2022, and as of that date is repealed.
SEC. 7.
Section 19242 of the Government Code, as added by Section 8 of Chapter 356 of the Statutes of 2015, is amended to read:19242.
(a) The department or its designee shall conduct competitive examinations to determine the qualifications and readiness of persons with disabilities for state employment. The examinations may include an on-the-job-performance evaluation and any other selection techniques deemed appropriate. Examination results may be ranked or unranked.(b) This section shall become operative on January 1, 2022.
SEC. 8.
Section 19242.05 of the Government Code is amended to read:19242.05.
(a) The LEAP internship program created in accordance with Section 19241 shall be designed to allow persons with developmental disabilities to meet the minimum qualifications of the LEAP classification to which those persons seek an examination appointment. The length of a LEAP internship shall be for a minimum period of 512 working hours.(b) A person with a developmental disability who successfully completes a LEAP internship upon certification by the appointing power shall be considered as meeting the referral requirements necessary to be eligible for an examination appointment, as specified in Section 19242.2, without being required to pass a written examination or readiness evaluation.
(c) The
LEAP internship program may be accessed as an unpaid or paid internship if the state agency providing the internship has available funding authority within its personnel budget.
(d) This section shall remain in effect only until January 1, 2022, and as of that date is repealed.
SEC. 9.
Section 19242.2 of the Government Code, as amended by Section 10 of Chapter 356 of the Statutes of 2015, is amended to read:19242.2.
(a) The department or its designee shall refer the names of persons with disabilities who meet eligibility criteria for participation and the minimum qualifications of the job classification and any other requirements deemed appropriate by the board to appointing powers for examination appointments. Notwithstanding any other law, and to provide for appropriate job-person placement, all candidates meeting referral requirements shall be eligible for examination appointment. The department may prescribe the method for referring names to appointing powers.(b) (1) The department or its designee shall refer the names of persons with developmental disabilities to appointing powers for selection for participation in an internship examination as set
forth in subdivision (b) of Section 19242.
(2) The department or its designee may refer the names of persons with developmental disabilities who have successfully completed an internship examination to appointing powers for consideration for appointment in the same job classification as the position in which the applicant successfully completed that applicant’s internship.
(3) The department may prescribe the method for referring names to appointing powers, including, but not limited to, working with the appointing power to identify positions that could successfully be filled by persons with developmental disabilities.
(c) This section shall remain in effect only until January 1, 2022, and as of that date is repealed.
SEC. 10.
Section 19242.2 of the Government Code, as added by Section 11 of Chapter 356 of the Statutes of 2015, is amended to read:19242.2.
(a) The department or its designee shall refer the names of persons with disabilities who meet eligibility criteria for participation and the minimum qualifications of the job classification and any other requirements deemed appropriate by the board to appointing powers for examination appointments. Notwithstanding any other law, and to provide for appropriate job-person placement, all candidates meeting referral requirements shall be eligible for examination appointment. The department may prescribe the method for referring names to appointing powers.(b) This section shall become operative on January 1, 2022.
SEC. 11.
Section 19242.3 of the Government Code is amended to read:19242.3.
(a) A state agency that provides an internship to a person with a developmental disability or appoints a person with a developmental disability to a position under the Limited Examination and Appointment Program may finance the internship or position with personnel or any other funds available for this purpose and assigned to a vacant or unfilled position. A state agency that transfers funds from a vacant or unfilled position pursuant to this section does not eliminate the vacant or unfilled position, and may return or assign funds to fill the position.(b) (1) A state agency that provides an internship to a person with a developmental disability or appoints a person with a developmental disability to a position under the Limited Examination
and Appointment Program shall allow the person to receive on-the-job support, as determined by the Department of Rehabilitation or the State Department of Developmental Services pursuant to existing rules and the service authorization of those supported employment programs, as a reasonable accommodation for the person’s disability.
(2) On-the-job supportive services, in addition to the services set forth in subdivision (q) of Section 4851 of the Welfare and Institutions Code, may consist of, but need not be limited to, time spent with a job coach on any of the following:
(A) Conducting job analysis, specific training, and supervision of the intern while the intern is engaged in the internship.
(B) Conducting skills-building training, including, but not limited to, adaptive functional and social skills training and
support as necessary to ensure internship adjustment.
(C) Working with families and other support networks to ensure internship adjustment.
(D) Evaluation of performance of the intern, including, but not limited to, communication with the internship supervisor.
(3) The services of the job coach are not the responsibility of the state agency providing the internship, unless the agency is otherwise the direct payer of those services.
(4) In order for the internship to meet the minimum qualifications of the desired position, the internship shall be successfully completed, as set forth in subdivision (b) of Section 19242, in the same job classification as the position the person is applying for.
(5) If a job examination period is required prior to the permanent hiring of a qualified person with a developmental disability, the appointing authority may apply some or all of the internship hours performed to meet some or all of the job examination period requirement.
(6) On-the-job supportive services are allowable to the extent authorized by other state programs and are not the financial or programmatic responsibility of any state agency engaged in establishing the LEAP internship process.
(c) This section shall remain in effect only until January 1, 2022, and as of that date is repealed.
SEC. 12.
Section 1565 is added to the Health and Safety Code, to read:1565.
(a) A facility shall have an emergency and disaster plan that shall include, but not be limited to, all of the following:(1) Evacuation procedures, including identification of an assembly point or points that shall be included in the facility sketch.
(2) Plans for the facility to be self-reliant for a period of not less than 72 hours immediately following any emergency or disaster, including, but not limited to, a short-term or long-term power failure. If the facility plans to shelter in place and one or more utilities, including water, sewer, gas, or electricity, is not available, the facility shall have a plan and supplies available to provide alternative resources during an
outage.
(3) Transportation needs and evacuation procedures to ensure that the facility can communicate with emergency response personnel or can access the information necessary in order to check the emergency routes to be used at the time of an evacuation and relocation necessitated by a disaster. If the transportation plan includes the use of a vehicle owned or operated by the facility, the keys to the vehicle shall be available to staff on all shifts.
(4) A contact information list of all of the following:
(A) Emergency response personnel.
(B) The contact information for the regulating entity.
(C) Transportation providers.
(5) At least two appropriate shelter locations that can house or supervise, as applicable, individuals served by the facility during an evacuation. One of the locations shall be outside of the immediate area.
(6) The location of utility shutoff valves and instructions for use.
(7) Procedures that address, but are not limited to, all of the following:
(A) Provision of emergency power that could include identification of suppliers of backup generators. If a permanently installed generator is used, the plan shall include its location and a description of how it will be used. If a portable generator is used, the manufacturer’s operating instructions shall be followed.
(B) Responding to an individual’s needs if emergency call buttons are
inoperable.
(C) The process for communicating with individuals served by the facility, families, and others, as appropriate, that might include landline telephones, cellular telephones, or walkie-talkies. A backup process shall also be established. Individuals served by the facility and their responsible parties shall be informed of the process for communicating during an emergency.
(D) Assistance with, and administration of, medications.
(E) Storage and preservation of medications, including the storage of medications that require refrigeration.
(F) The operation of assistive medical devices that need electric power for their operation, including, but not limited to, oxygen equipment and wheelchairs.
(G) A process for identifying individuals served by the facility who have special needs, and a plan for meeting those needs.
(H) Procedures for confirming the location of each individual served by the facility during an emergency response.
(b) If a facility employs staff, the facility shall provide training on the plan to each staff member upon hire and annually thereafter. The training shall include staff responsibilities during an emergency or disaster.
(c) A facility shall conduct a drill at least quarterly for each shift. The type of emergency covered in a drill shall vary from quarter to quarter, taking into account different emergency scenarios. An actual evacuation of individuals served by the facility is not required during a drill. While a facility may provide an opportunity for individuals
served by the facility to participate in a drill, it shall not require that participation. Documentation of the drills shall include the date, the type of emergency covered by the drill, and, if applicable, the names of staff participating in the drill.
(d) A facility shall review the plan annually and make updates as necessary, including changes in floor plans and the population served. The licensee, administrator, or regulated individual shall sign and date the documentation to indicate that the plan has been reviewed and updated as necessary.
(e) A facility shall have all of the following information readily available during an emergency:
(1) A roster of individuals served by the facility, with the date of birth for each individual.
(2) An appraisal
of needs and services plan for each individual served by the facility.
(3) A medication list for individuals served by the facility with centrally stored medications.
(4) Contact information for the responsible party and physician for each individual served by the facility.
(f) A facility shall have both of the following in place:
(1) An evacuation chair at each stairwell in a residential facility serving adults, on or before July 1, 2021.
(2) A set of keys available for use during an evacuation that provides access to all of the following:
(A) All occupied resident units, if applicable.
(B) All facility vehicles.
(C) All facility exit doors.
(D) All facility cabinets and cupboards or files that contain elements of the emergency and disaster plan, including, but not limited to, food supplies and protective shelter supplies.
(g) A facility shall make the plan available upon request to individuals served by the facility onsite, any responsible party for a resident, the local long-term care ombudsman, and local emergency responders. Individual and employee information shall be kept confidential.
(h) An applicant seeking a license or approval for a new facility shall submit the emergency and disaster plan with the initial license application required.
(i) The regulating entity shall confirm, during regularly scheduled visits, that the emergency and disaster plan is on file at the facility and includes required content.
(j) A facility is encouraged to have the emergency and disaster plan reviewed by local emergency authorities.
(k) Nothing in this section shall create a new or additional requirement for the regulating entity to evaluate the emergency and disaster plan.
(l) For the purposes of this section, a “facility” means any of the following:
(1) An adult residential facility.
(2) A social rehabilitation facility.
(3) A children’s residential facility other than a resource family home, foster family home, or a small family home.
SEC. 13.
Section 1565.5 is added to the Health and Safety Code, to read:1565.5.
In addition to any other requirement of this chapter, an adult day program, as defined in Section 1502, shall have an emergency and disaster plan that includes, but is not limited to, all of the following:(a) Evacuation procedures.
(b) Transportation arrangements.
(c) A contact information list of all of the following:
(1) Local emergency response personnel.
(2) Each client’s authorized representative or local emergency contact name.
(3) The
licensing division within the department.
(d) The location of all utility shut-off valves and instructions for use.
SEC. 14.
Section 1568.044 is added to the Health and Safety Code, to read:1568.044.
(a) A facility shall have an emergency and disaster plan that shall include, but not be limited to, all of the following:(1) Evacuation procedures, including identification of an assembly point or points that shall be included in the facility sketch.
(2) Plans for the facility to be self-reliant for a period of not less than 72 hours immediately following any emergency or disaster, including, but not limited to, a short-term or long-term power failure. If the facility plans to shelter in place and one or more utilities, including water, sewer, gas, or electricity, is not available, the facility shall have a plan and supplies available to provide alternative resources during an
outage.
(3) Transportation needs and evacuation procedures to ensure that the facility can communicate with emergency response personnel or can access the information necessary in order to check the emergency routes to be used at the time of an evacuation and relocation necessitated by a disaster. If the transportation plan includes the use of a vehicle owned or operated by the facility, the keys to the vehicle shall be available to staff on all shifts.
(4) A contact information list of all of the following:
(A) Emergency response personnel.
(B) The contact information for the regulating entity.
(C) Transportation providers.
(5) At least two appropriate shelter locations that can house or supervise, as applicable, individuals served by the facility during an evacuation. One of the locations shall be outside of the immediate area.
(6) The location of utility shutoff valves and instructions for use.
(7) Procedures that address, but are not limited to, all of the following:
(A) Provision of emergency power that could include identification of suppliers of backup generators. If a permanently installed generator is used, the plan shall include its location and a description of how it will be used. If a portable generator is used, the manufacturer’s operating instructions shall be followed.
(B) Responding to an individual’s needs if emergency call buttons are
inoperable.
(C) The process for communicating with individuals served by the facility, families, and others, as appropriate, that might include landline telephones, cellular telephones, or walkie-talkies. A backup process shall also be established. Individuals served by the facility and their responsible parties shall be informed of the process for communicating during an emergency.
(D) Assistance with, and administration of, medications.
(E) Storage and preservation of medications, including the storage of medications that require refrigeration.
(F) The operation of assistive medical devices that need electric power for their operation, including, but not limited to, oxygen equipment and wheelchairs.
(G) A process for identifying individuals served by the facility who have special needs, and a plan for meeting those needs.
(H) Procedures for confirming the location of each individual served by the facility during an emergency response.
(b) If a facility employs staff, the facility shall provide training on the plan to each staff member upon hire and annually thereafter. The training shall include staff responsibilities during an emergency or disaster.
(c) A facility shall conduct a drill at least quarterly for each shift. The type of emergency covered in a drill shall vary from quarter to quarter, taking into account different emergency scenarios. An actual evacuation of individuals served by the facility is not required during a drill. While a facility may provide an opportunity for individuals
served by the facility to participate in a drill, it shall not require that participation. Documentation of the drills shall include the date, the type of emergency covered by the drill, and, if applicable, the names of staff participating in the drill.
(d) A facility shall review the plan annually and make updates as necessary, including changes in floor plans and the population served. The licensee, administrator, or regulated individual shall sign and date the documentation to indicate that the plan has been reviewed and updated as necessary.
(e) A facility shall have all of the following information readily available during an emergency:
(1) A roster of individuals served by the facility, with the date of birth for each individual.
(2) An appraisal
of needs and services plan for each individual served by the facility.
(3) A medication list for individuals served by the facility with centrally stored medications.
(4) Contact information for the responsible party and physician for each individual served by the facility.
(f) A facility shall have both of the following in place:
(1) An evacuation chair at each stairwell, on or before July 1, 2021.
(2) A set of keys available for use during an evacuation that provides access to all of the following:
(A) All occupied resident units, if applicable.
(B) All
facility vehicles.
(C) All facility exit doors.
(D) All facility cabinets and cupboards or files that contain elements of the emergency and disaster plan, including, but not limited to, food supplies and protective shelter supplies.
(g) A facility shall make the plan available upon request to individuals served by the facility onsite, any responsible party for a resident, the local long-term care ombudsman, and local emergency responders. Individual and employee information shall be kept confidential.
(h) An applicant seeking a license or approval for a new facility shall submit the emergency and disaster plan with the initial license application required.
(i) The regulating entity shall
confirm, during regularly scheduled visits, that the emergency and disaster plan is on file at the facility and includes required content.
(j) A facility is encouraged to have the emergency and disaster plan reviewed by local emergency authorities.
(k) Nothing in this section shall create a new or additional requirement for the regulating entity to evaluate the emergency and disaster plan.
(l) For the purposes of this section, a “facility” means a residential care facility licensed pursuant to this chapter.
SEC. 15.
Section 4512 of the Welfare and Institutions Code is amended to read:4512.
As used in this division:(a) “Developmental disability” means a disability that originates before an individual attains 18 years of age, continues, or can be expected to continue, indefinitely, and constitutes a substantial disability for that individual. As defined by the Director of Developmental Services, in consultation with the Superintendent of Public Instruction, this term shall include intellectual disability, cerebral palsy, epilepsy, and autism. This term shall also include disabling conditions found to be closely related to intellectual disability or to require treatment similar to that required for individuals with an intellectual disability, but shall not include other handicapping conditions that are solely physical in nature.
(b) “Services and supports for persons with developmental disabilities” means specialized services and supports or special adaptations of generic services and supports directed toward the alleviation of a developmental disability or toward the social, personal, physical, or economic habilitation or rehabilitation of an individual with a developmental disability, or toward the achievement and maintenance of an independent, productive, and normal life. The determination of which services and supports are necessary for each consumer shall be made through the individual program plan process. The determination shall be made on the basis of the needs and preferences of the consumer or, when appropriate, the consumer’s family, and shall include consideration of a range of service options proposed by individual program plan participants, the effectiveness of each option in meeting the goals stated in the individual program plan, and the cost-effectiveness of
each option. Services and supports listed in the individual program plan may include, but are not limited to, diagnosis, evaluation, treatment, personal care, daycare, domiciliary care, special living arrangements, physical, occupational, and speech therapy, training, education, supported and sheltered employment, mental health services, recreation, counseling of the individual with a developmental disability and of the individual’s family, protective and other social and sociolegal services, information and referral services, follow-along services, adaptive equipment and supplies, advocacy assistance, including self-advocacy training, facilitation and peer advocates, assessment, assistance in locating a home, childcare, behavior training and behavior modification programs, camping, community integration services, community support, daily living skills training, emergency and crisis intervention, facilitating circles of support, habilitation, homemaker services, infant stimulation programs, paid roommates,
paid neighbors, respite, short-term out-of-home care, social skills training, specialized medical and dental care, telehealth services and supports, as described in Section 2290.5 of the Business and Professions Code, supported living arrangements, technical and financial assistance, travel training, training for parents of children with developmental disabilities, training for parents with developmental disabilities, vouchers, and transportation services necessary to ensure delivery of services to persons with developmental disabilities. This subdivision does not expand or authorize a new or different service or support for any consumer unless that service or support is contained in the consumer’s individual program plan.
(c) Notwithstanding subdivisions (a) and (b), for any organization or agency receiving federal financial participation under the federal Developmental Disabilities Assistance and Bill of Rights Act of 2000, Chapter 144
(commencing with Section 15001) of Title 42 of the United States Code, as amended, “developmental disability” and “services for persons with developmental disabilities” mean the terms as defined in the federal act to the extent required by federal law.
(d) “Consumer” means a person who has a disability that meets the definition of developmental disability set forth in subdivision (a).
(e) “Natural supports” means personal associations and relationships typically developed in the community that enhance the quality and security of life for people, including, but not limited to, family relationships, friendships reflecting the diversity of the neighborhood and the community, associations with fellow students or employees in regular classrooms and workplaces, and associations developed through participation in clubs, organizations, and other civic activities.
(f) “Circle of support” means a committed group of community members, who may include family members, meeting regularly with an individual with developmental disabilities in order to share experiences, promote autonomy and community involvement, and assist the individual in establishing and maintaining natural supports. A circle of support generally includes a plurality of members who neither provide nor receive services or supports for persons with developmental disabilities and who do not receive payment for participation in the circle of support.
(g) “Facilitation” means the use of modified or adapted materials, special instructions, equipment, or personal assistance by an individual, such as assistance with communications, that will enable a consumer to understand and participate to the maximum extent possible in the decisions and choices that affect the individual’s life.
(h) “Family support services” means services and supports that are provided to a child with developmental disabilities or the child’s family and that contribute to the ability of the family to reside together.
(i) “Voucher” means any authorized alternative form of service delivery in which the consumer or family member is provided with a payment, coupon, chit, or other form of authorization that enables the consumer or family member to choose a particular service provider.
(j) “Planning team” means the individual with developmental disabilities, the parents or legally appointed guardian of a minor consumer or the legally appointed conservator of an adult consumer, the authorized representative, including those appointed pursuant to subdivision (a) of Section 4541, one or more regional center representatives, including
the designated regional center service coordinator pursuant to subdivision (b) of Section 4640.7, any individual, including a service provider, invited by the consumer, the parents or legally appointed guardian of a minor consumer or the legally appointed conservator of an adult consumer, or the authorized representative, including those appointed pursuant to subdivision (a) of Section 4541, and including a minor’s, dependent’s, or ward’s court-appointed developmental services decisionmaker appointed pursuant to Section 319, 361, or 726.
(k) “Stakeholder organizations” means statewide organizations representing the interests of consumers, family members, service providers, and statewide advocacy organizations.
(l) (1) “Substantial disability” means the existence of significant functional limitations in three or more of the following areas of major life
activity, as determined by a regional center, and as appropriate to the age of the person:
(A) Self-care.
(B) Receptive and expressive language.
(C) Learning.
(D) Mobility.
(E) Self-direction.
(F) Capacity for independent living.
(G) Economic self-sufficiency.
(2) A reassessment of substantial disability for purposes of continuing eligibility shall utilize the same criteria under which the individual was originally made eligible.
(m) “Native language” means the language normally used or the preferred language identified by the individual and, when appropriate, the individual’s parent, legal guardian or conservator, or authorized representative.
(n) “Authorized representative” means an individual appointed by the State Council on Developmental Disabilities pursuant to subdivision (a) of Section 4541 or who is an authorized representative, as defined in Section 4701.6.
SEC. 16.
Section 4701.6 of the Welfare and Institutions Code is amended to read:4701.6.
(a) “Authorized representative” means the conservator of an adult, the guardian, conservator, or parent or person having legal custody of a minor claimant, or a person or agency appointed pursuant to subdivision (a) of Section 4541 and authorized in writing by the claimant or by the legal guardian, conservator, or parent or person having legal custody of a minor claimant to act for or represent the claimant under this chapter.(b) “Authorized representative” also means a responsible adult appointed by a court order made pursuant to subdivision (j) of Section 319, subdivision (a) of Section 361, or subdivision (b) of Section 726, who the court determines is an appropriate representative for the minor, and who does not have a conflict of interest, as defined in
subdivision (i) of Section 7579.5 of the Government Code, including, but not limited to, a foster parent, caregiver, or court appointed special advocate.
SEC. 17.
Section 4705 of the Welfare and Institutions Code is amended to read:4705.
(a) (1) Every service agency shall, as a condition of continued receipt of state funds, have an agency fair hearing procedure for resolving conflicts between the service agency and recipients of, or applicants for, service. The State Department of Developmental Services shall promulgate regulations to implement this chapter by July 1, 1999, which shall be binding on every service agency.(2) Any public or private agency receiving state funds for the purpose of serving persons with developmental disabilities not otherwise subject to the provisions of this chapter shall, as a condition of continued receipt of state funds, adopt and periodically review a written internal grievance procedure.
(b) An agency that employs a fair hearing procedure mandated by any other statute shall be considered to have an approved procedure for purposes of this chapter.
(c) The service agency’s mediation and fair hearing procedure shall be stated in writing, in English and any other language that may be appropriate to the needs of the consumers of the agency’s service. A copy of the procedure and a copy of the provisions of this chapter shall be prominently displayed on the premises of the service agency.
(d) All recipients and applicants, and persons having legal responsibility for recipients or applicants, shall be informed verbally of, and shall be notified in writing in a language that they comprehend of, the service agency’s mediation and fair hearing procedure when they apply for service, when they are denied service, when
notice of service modification is given pursuant to Section 4710, and upon request.
(e) If, in the opinion of any person, the rights or interests of a claimant who has not personally authorized a representative will not be properly protected or advocated, the State Council on Developmental Disabilities and the clients’ right advocate assigned to the regional center or developmental center shall be notified, and the State Council on Developmental Disabilities may appoint a person or agency as representative, pursuant to subdivision (a) of Section 4541, to assist the claimant in the mediation and fair hearing procedure. The appointment shall be in writing to the authorized representative and a copy of the appointment shall be immediately mailed to the service agency director.
SEC. 18.
Section 4747 of the Welfare and Institutions Code is amended to read:4747.
If a consumer or, when appropriate, the parent, guardian, or conservator or authorized representative, including those appointed pursuant to subdivision (a) of Section 4541, requests a relocation, the regional center shall schedule an individual program plan meeting, as soon as possible to assist in locating and moving to another residence.SEC. 19.
Section 4803 of the Welfare and Institutions Code is amended to read:4803.
(a) If a regional center recommends that a person be admitted to a community care facility or health facility as a developmentally disabled resident, the employee or designee of the regional center responsible for making the recommendations shall certify in writing that neither the person recommended for admission to a community care facility or health facility, nor the parent of a minor or conservator of an adult, if appropriate, nor the person or agency appointed pursuant to subdivision (a) of Section 4541, has made an objection to the admission to the person making the recommendation. The regional center shall transmit the certificate, or a copy thereof, to the community care facility or health facility.(b) A community
care facility or health facility shall not admit any adult as a developmentally disabled patient on recommendation of a regional center unless a copy of the certificate has been transmitted pursuant to this section.
(c) A person who, knowing that objection to a community care facility or health facility admission has been made, certifies that no objection has been made, shall be guilty of a misdemeanor.
(d) Objections to proposed placements shall be resolved by a fair hearing procedure pursuant to Section 4700.
