Welfare and Institutions Code — Part 26 | WIC — United States — California law | Esheria

Welfare and Institutions Code

Part 26 of 35 · provisions 5,001–5,200

This section says the act is to be known as the Welfare and Institutions Code.

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The Department of the Youth Authority may establish, maintain, or help develop regional centers for counties’ alternative placement options. When a California law mentions “Whittier State School,” it must be read as referring to Fred C. Nelles School for Boys. This section defines “Youth Authority,” “authority,” “the authority,” and “board” for this chapter. This provision states the purpose of the division: to provide protection, care, and assistance to people in need, and to promote welfare through prompt, humane aid and services without discrimination. This section states the purposes of public social services funded by state grants-in-aid to counties.

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Provisions of Welfare and Institutions Code

Showing 200 of 6,925

  1. 4425.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4400 - 4437] ( Part 1 added by Stats. 1977, Ch. 1252. )

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    The department must keep office records for each patient in custody at the institutions listed in this section.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4400 - 4437] ( Part 1 added by Stats. 1977, Ch. 1252. ) ## 4425. The department shall keep in its office a record showing the following facts concerning each patient in custody in the several institutions: (a) Name, residence, sex, age, place of birth, occupation, and civil condition. (b) The date of commitment, and the respective names and residences of (1) The person who made the petition for commitment, (2) The persons who signed the medical certificate, and (3) The judge who made the order of commitment. (c) The name of the institution in which he is confined, the date of his admission thereto, and whether he was brought from his home or from another institution. If he was brought from another institution, the record shall show also the name of that institution, by whom he was brought therefrom and his condition. (d) If discharged, the date of discharge, to whose care he was committed, and whether recovered, improved, unimproved, or not in need of commitment. (e) If transferred, for what cause the transfer was made, and to what institution. (f) If dead, the date and cause of death. (Added by Stats. 1977, Ch. 1252.)
  2. 4426.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4400 - 4437] ( Part 1 added by Stats. 1977, Ch. 1252. )

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    The department may investigate how a person with an intellectual disability who is under commitment and not in a state hospital is being cared for, and may ask a superior court judge for an order to commit the person to a state hospital if it believes care is not proper.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4400 - 4437] ( Part 1 added by Stats. 1977, Ch. 1252. ) ## 4426. The department may inquire into the manner in which a person with an intellectual disability who is subject to commitment, not confined in a state hospital, is cared for and maintained. If, in its judgment, the person is not properly and suitably cared for, the department may apply to a judge of the superior court for an order to commit him or her to a state hospital under the provisions of this code. This order shall not be made unless the judge finds, and certifies in the order, that the person is not properly or suitably cared for by his or her relatives, legal guardian, or conservator, or that it is dangerous to the public to allow him or her to be cared for and maintained by the relatives, legal guardian, or conservator. (Amended by Stats. 2012, Ch. 457, Sec. 47. (SB 1381) Effective January 1, 2013.)
  3. 4427.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4400 - 4437] ( Part 1 added by Stats. 1977, Ch. 1252. )

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    The department may investigate suspected mistreatment or neglect of developmentally disabled persons in custody and may issue process, make orders, and inspect certain almshouse patients; if it notifies the Attorney General, the Attorney General must assist.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4400 - 4437] ( Part 1 added by Stats. 1977, Ch. 1252. ) ## 4427. When the department has reason to believe that any person held in custody as developmentally disabled is wrongfully deprived of his liberty, or is cruelly or negligently treated, or that inadequate provision is made for the skillful medical care, proper supervision, and safekeeping of any such person, it may ascertain the facts. It may issue compulsory process for the attendance of witnesses and the production of papers, and may exercise the powers conferred upon a referee in a superior court. It may make such orders for the care and treatment of such person as it deems proper. Whenever the department undertakes an investigation into the general management and administration of any establishment or place of detention for the developmentally disabled, it may give notice of such investigation to the Attorney General, who shall appear personally or by deputy, to examine witnesses in attendance and to assist the department in the exercise of the powers conferred upon it in this code. The department may at any time cause the patients of any county or city almshouse to be visited and examined, in order to ascertain if developmentally disabled persons are kept therein. (Added by Stats. 1977, Ch. 1252.)
  4. 4427.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4400 - 4437] ( Part 1 added by Stats. 1977, Ch. 1252. )

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    Certain developmental facilities must quickly report specified resident abuse-related incidents to local law enforcement, and the department has separate reporting and notice duties.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4400 - 4437] ( Part 1 added by Stats. 1977, Ch. 1252. ) ## 4427.5. (a) (1) A developmental center or State Department of Developmental Services-operated facility shall immediately, but no later than within two hours of the developmental center or State Department of Developmental Services-operated facility observing, obtaining knowledge of, or suspecting abuse, report the following incidents involving a resident to the local law enforcement agency having jurisdiction over the city or county in which the developmental center or State Department of Developmental Services-operated facility is located, regardless of whether the Office of Protective Services has investigated the facts and circumstances relating to the incident: (A) A death. (B) A sexual assault, as defined in Section 15610.63. (C) An assault with a deadly weapon, as described in Section 245 of the Penal Code, by a nonresident of the developmental center or State Department of Developmental Services-operated facility. (D) An assault with force likely to produce great bodily injury, as described in Section 245 of the Penal Code. (E) An injury to the genitals when the cause of the injury is undetermined. (F) A broken bone when the cause of the break is undetermined. (2) If the incident is reported to the law enforcement agency by telephone, a written report of the incident shall also be submitted to the agency, within two working days. (3) The reporting requirements of this subdivision are in addition to, and do not substitute for, the reporting requirements of mandated reporters, and any other reporting and investigative duties of the developmental center or State Department of Developmental Services-operated facility and the department as required by law. (4) This section does not prevent the developmental center or State Department of Developmental Services-operated facility from reporting any other criminal act constituting a danger to the health or safety of the residents of the developmental center or State Department of Developmental Services-operated facility to the local law enforcement agency. (b) (1) The department shall report to the agency described in subdivision (i) of Section 4900 any of the following incidents involving a resident of a developmental center or State Department of Developmental Services-operated facility: (A) Any unexpected or suspicious death, regardless of whether the cause is immediately known. (B) Any allegation of sexual assault, as defined in Section 15610.63, in which the alleged perpetrator is an employee or contractor of a developmental center or State Department of Developmental Services-operated facility. (C) Any report made to the local law enforcement agency in the jurisdiction in which the facility is located that involves physical abuse, as defined in Section 15610.63, in which a staff member is implicated. (2) A report pursuant to this subdivision shall be made no later than the close of the first business day following the discovery of the reportable incident. The report shall include the unique identifier of the person involved, and the name, street address, and telephone number of the facility. (c) The department shall do both of the following: (1) Annually provide written information to every employee of a developmental center or State Department of Developmental Services-operated facility regarding all of the following: (A) The statutory and departmental requirements for mandatory reporting of suspected or known abuse. (B) The rights and protections afforded to individuals’ reporting of suspected or known abuse. (C) The penalties for failure to report suspected or known abuse. (D) The telephone numbers for reporting suspected or known abuse or neglect to designated investigators of the department and to local law enforcement agencies. (2) On or before August 1, 2001, in consultation with employee organizations, advocates, consumers, and family members, develop a poster that encourages staff, residents, and visitors to report suspected or known abuse and provides information on how to make these reports. (d) A failure to report an incident under subdivision (a) shall be deemed a class B violation as provided in Section 1424.6 of the Health and Safety Code if the incident occurs in a distinct part long-term health care facility. If the incident occurs in the general acute care hospital or acute psychiatric hospital portion of the developmental center, a failure to report the incident under subdivision (a) shall be subject to a civil penalty specified in Section 1280.4 of the Health and Safety Code. (Amended by Stats. 2017, Ch. 18, Sec. 7. (AB 107) Effective June 27, 2017.)
  5. 4427.7.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4400 - 4437] ( Part 1 added by Stats. 1977, Ch. 1252. )

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    Designated investigators at developmental centers must request a sexual assault forensic medical examination for a resident who is a victim or suspected victim of sexual assault.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4400 - 4437] ( Part 1 added by Stats. 1977, Ch. 1252. ) ## 4427.7. (a) Designated investigators of developmental centers shall request a sexual assault forensic medical examination for any resident of a developmental center who is a victim or reasonably suspected to be a victim of sexual assault, as defined in Section 15610.63, performed at an appropriate facility off the grounds of the developmental center in accordance with Sections 13823.5 to 13823.12, inclusive, of the Penal Code, which includes, but is not limited to, the requirement that the law enforcement agency having jurisdiction over the city or county in which the developmental center is located be notified by the person performing the sexual assault forensic medical examination and that consent is obtained as required by subdivisions (a) and (c) of Section 13823.11 of the Penal Code. (b) The sexual assault forensic medical examination described in subdivision (a) may be performed at a developmental center by an independent sexual assault forensic examiner designated to perform examinations of victims of sexual assault in the jurisdiction of the developmental center only if it is deemed safer for the victim and the developmental center’s examination facilities are equipped with forensic examination and evidence collection capability comparable to that of the designated community examination facility, as determined by the independent sexual assault forensic examiner. (Added by Stats. 2013, Ch. 724, Sec. 6. (SB 651) Effective January 1, 2014.)
  6. 4428.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4400 - 4437] ( Part 1 added by Stats. 1977, Ch. 1252. )

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    If a complaint is made to the department about certain hospital or custody matters, the department may require it to be written and sworn, and must then arrange service of the complaint and investigation notice on the relevant authorities or person.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4400 - 4437] ( Part 1 added by Stats. 1977, Ch. 1252. ) ## 4428. When complaint is made to the department regarding the officers or management of any hospital or institution for the developmentally disabled, or regarding the management of any person detained therein or regarding any person held in custody, the department may, before making an examination regarding such complaint, require it to be made in writing and sworn to before an officer authorized to administer oaths. On receipt of such a complaint, sworn to if so required, the department shall direct that a copy of the complaint be served on the authorities of the hospital or institution or the person against whom complaint is made, together with notice of the time and place of the investigation, as the department directs. (Added by Stats. 1977, Ch. 1252.)
  7. 4429.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4400 - 4437] ( Part 1 added by Stats. 1977, Ch. 1252. )

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    The department must report to the Legislature every two years and include specified information about its activities, management, funding estimates, and annual hospital reports.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4400 - 4437] ( Part 1 added by Stats. 1977, Ch. 1252. ) ## 4429. The department shall biennially report to the Legislature its acts and proceedings for the two years ending the June 30th last preceding, with such facts regarding the management of the institution for the developmentally disabled as it deems necessary for the information of the Legislature, including estimates of the amounts required for the use of such hospitals and the reasons therefor, and including annual reports for each state hospital. (Added by Stats. 1977, Ch. 1252.)
  8. 4430.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4400 - 4437] ( Part 1 added by Stats. 1977, Ch. 1252. )

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    The department must report to the Legislature on the prospective needs of developmentally disabled persons and make recommendations.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4400 - 4437] ( Part 1 added by Stats. 1977, Ch. 1252. ) ## 4430. The department shall report to the Legislature the prospective needs for the care, custody, and treatment of developmentally disabled persons, together with its recommendations therefor. For the purpose of preventing overcrowding, it shall recommend such plans for the development of additional medical facilities as, in its judgment, will best meet the requirements of such persons. (Added by Stats. 1977, Ch. 1252.)
  9. 4431.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4400 - 4437] ( Part 1 added by Stats. 1977, Ch. 1252. )

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    The department’s charges for patient care and treatment at department facilities must not exceed actual cost, as determined by the director using standard accounting practices.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4400 - 4437] ( Part 1 added by Stats. 1977, Ch. 1252. ) ## 4431. Charges made by the department for the care and treatment of each patient in a facility maintained by the department shall not exceed the actual cost thereof as determined by the director in accordance with standard accounting practices. The director is not prohibited from including the amount of expenditures for capital outlay or the interest thereon, or both, in his determination of actual cost. As used in this section, the terms “care” and “care and treatment” include care, treatment, support, maintenance, and other services rendered by the department to a patient in the state hospital or other facility maintained by or under the jurisdiction of the department. (Added by Stats. 1977, Ch. 1252.)
  10. 4432.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4400 - 4437] ( Part 1 added by Stats. 1977, Ch. 1252. )

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    The department must report proposed staffing allocations and related assumptions, share the information with the Legislature by set annual deadlines, and send it to the State Council on Developmental Disabilities on the same dates.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4400 - 4437] ( Part 1 added by Stats. 1977, Ch. 1252. ) ## 4432. (a) The State Department of Developmental Services shall report proposed allocations for level-of-care staffing in state hospitals that serve persons with developmental disabilities that shall include the following: (1) All assumptions underlying estimates of state hospital developmentally disabled population. (2) A comparison of the actual and estimated population levels for the year to date. If the actual populations differ from the estimated population by 50 or more, the department shall include in its reports a description of the change and the fiscal impact. The department shall make this information available to the Legislature during the budget process, but no later than January 10 of each year and no later than the release of the May revision of the Governor’s proposed budget each year. (b) The department shall provide the information required by subdivision (a) on the same dates as specified in subdivision (a) to the State Council on Developmental Disabilities created by Section 4520. The State Council on Developmental Disabilities shall provide the Legislature with review and comment on the information in a report. (Amended by Stats. 1992, Ch. 713, Sec. 34. Effective September 15, 1992.)
  11. 4433.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4400 - 4437] ( Part 1 added by Stats. 1977, Ch. 1252. )

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    The department must contract for clients’ rights advocacy services, and the contractor must provide specified advocacy, complaint-resolution, coordination, training, grievance, and notice services.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4400 - 4437] ( Part 1 added by Stats. 1977, Ch. 1252. ) ## 4433. (a) The Legislature finds and declares all of the following: (1) The State of California accepts its responsibility to ensure and uphold the rights of persons with developmental disabilities and an obligation to ensure that laws, regulations, and policies on the rights of persons with developmental disabilities are observed and protected. (2) Persons with developmental disabilities are vulnerable to abuse, neglect, and deprivations of their rights. (3) Clients’ rights advocacy services provided by the regional centers, the advocacy services currently provided by the department at the state developmental centers, and the services provided by the department’s Office of Human Rights may have conflicts of interest or the appearance of a conflict of interest. (4) The services provided to individuals with developmental disabilities and their families are of such a special and unique nature that they cannot satisfactorily be provided by state agencies or regional centers and must be contracted out pursuant to paragraph (3) of subdivision (b) of Section 19130 of the Government Code. (b) (1) To avoid the potential for a conflict of interest or the appearance of a conflict of interest, beginning January 1, 1998, the department shall contract for clients’ rights advocacy services. The department shall solicit a single statewide contract with a nonprofit agency that results in at least three responsive bids that meet all of the criteria specified in paragraph (2) to perform the services specified in subdivision (d). If three responsive bids are not received, the department may rebid the contract on a regional basis, not to exceed three regional contracts and one contract for developmental centers and headquarters. (2) Any contractor selected shall meet the following requirements: (A) The contractor can demonstrate the capability to provide statewide advocacy services to individuals with developmental disabilities living in developmental centers and in the community. (B) The contractor does not directly or indirectly provide services to individuals with developmental disabilities, except advocacy services. (C) The contractor has knowledge of the service system, entitlements, and service rights of persons receiving services from regional centers and in state hospitals. (D) The contractor can demonstrate the capability of coordinating services with the protection and advocacy agency specified in Division 4.7 (commencing with Section 4900). (E) The contractor has not provided any services, except advocacy services, to, or been employed by, any regional center or the Association of Regional Center Agencies during the two-year period prior to the effective date of the contract. (c) For the purposes of this section, the Legislature further finds and declares that because of a potential conflict of interest or the appearance of a conflict of interest, the goals and purposes of the regional center clients’ rights advocacy services, the state hospitals, and the services of the Office of Human Rights, cannot be accomplished through the utilization of persons selected pursuant to the regular civil service system, nor can the services be provided through the department’s contracts with regional centers. Accordingly, contracts into which the department enters pursuant to this section are permitted and authorized by paragraphs (3) and (5) of subdivision (b) of Section 19130 of the Government Code. (d) The contractor shall do all of the following: (1) Provide clients’ rights advocacy services to persons with developmental disabilities who are consumers of regional centers and to individuals who reside in the state developmental centers and hospitals, including ensuring the rights of persons with developmental disabilities, and assisting persons with developmental disabilities in pursuing administrative and legal remedies. (2) Investigate and take action as appropriate and necessary to resolve complaints from or concerning persons with developmental disabilities residing in licensed health and community care facilities regarding abuse, and unreasonable denial, or punitive withholding, of rights guaranteed under this division. (3) Provide consultation, technical assistance, supervision and training, and support services for clients’ rights advocates that were previously the responsibility of the Office of Human Rights. (4) Coordinate the provision of clients’ rights advocacy services in consultation with the department, stakeholder organizations, and persons with developmental disabilities and their families representing California’s multicultural diversity. (5) Provide at least two self-advocacy trainings for consumers and family members. (e) In order to ensure that individuals with developmental disabilities have access to high quality advocacy services, the contractor shall establish a grievance procedure and shall advise persons receiving services under the contract of the availability of other advocacy services, including the services provided by the protection and advocacy agency specified in Division 4.7 (commencing with Section 4900). (f) The department shall contract on a multiyear basis for a contract term of up to five years, subject to the annual appropriation of funds by the Legislature. (g) This section shall not prohibit the department and the regional centers from advocating for the rights, including the right to generic services, of persons with developmental disabilities. (Amended by Stats. 2014, Ch. 409, Sec. 1. (AB 1595) Effective January 1, 2015.)
  12. 4433.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4400 - 4437] ( Part 1 added by Stats. 1977, Ch. 1252. )

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    The department may contract with the State Council on Developmental Disabilities to provide clients’ rights advocacy services to people with developmental disabilities living in developmental centers.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4400 - 4437] ( Part 1 added by Stats. 1977, Ch. 1252. ) ## 4433.5. Notwithstanding Section 4433, the department may contract with the State Council on Developmental Disabilities for the purpose of providing clients’ rights advocacy services to individuals with developmental disabilities who reside in developmental centers. (Amended by Stats. 2014, Ch. 409, Sec. 2. (AB 1595) Effective January 1, 2015.)
  13. 4434.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4400 - 4437] ( Part 1 added by Stats. 1977, Ch. 1252. )

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    The department must oversee regional centers, support their compliance with law, review service policies, and take steps to stop or correct noncompliance.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4400 - 4437] ( Part 1 added by Stats. 1977, Ch. 1252. ) ## 4434. (a) Notwithstanding preexisting rights to enforce the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500)), it is the intent of the Legislature that the department ensure that the regional centers operate in compliance with federal and state law and regulation and provide services and supports to consumers in compliance with the principles and specifics of this division. (b) The department shall take all necessary actions to support regional centers to successfully achieve compliance with this section and provide high quality services and supports to consumers and their families. (c) The contract between the department and individual regional centers required by Chapter 5 (commencing with Section 4620) of Division 4.5 shall include a provision requiring each regional center to render services in accordance with applicable provisions of state laws and regulations. In the event that the department finds a regional center has violated this requirement, or whenever it appears that a regional center has engaged in, or is about to engage in, any act or practice constituting a violation of any provision of Division 4.5 (commencing with Section 4500) or any regulation adopted thereunder, the department shall promptly take the appropriate steps necessary to ensure compliance with the law, including actions authorized under Section 4632 or 4635. The department, as the director deems appropriate, may pursue other legal or equitable remedies for enforcement of the obligations of regional centers including, but not limited to, seeking specific performance of the contract between the department and the regional center or otherwise act to enforce compliance with Division 4.5 (commencing with Section 4500) or any regulation adopted thereunder. (d) As part of its responsibility to monitor regional centers, the department shall collect and review printed materials issued by the regional centers, including, but not limited to, purchase of service policies and other policies, guidelines, or assessment tools utilized by regional centers when determining the service needs of a consumer, instructions and training materials for regional center staff, board meeting agendas and minutes, and general policy and notifications provided to all providers and consumers and families. Within a reasonable period of time, the department shall review new or amended purchase of service policies prior to implementation by the regional center to ensure compliance with statute and regulation. The department shall take appropriate and necessary steps to prevent regional centers from utilizing a policy or guideline that violates any provision of Division 4.5 (commencing with Section 4500) or any regulation adopted thereunder. The department shall confirm that the purchase of service policies and other policies, guidelines, or assessment tools utilized by regional centers when determining the service needs of a consumer are available to the public, as required by paragraph (5) of subdivision (b) of Section 4629.5. (Amended by Stats. 2019, Ch. 28, Sec. 5. (SB 81) Effective June 27, 2019.)
  14. 4435.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4400 - 4437] ( Part 1 added by Stats. 1977, Ch. 1252. )

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    The department may oversee and monitor regional center service provision, but its written directives must stay consistent with the Lanterman Developmental Disabilities Services Act and must not interfere with the program planning team’s discretion.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4400 - 4437] ( Part 1 added by Stats. 1977, Ch. 1252. ) ## 4435. (a) It is the intent of the Legislature to advance regional center service provision that is person centered and more uniform, consistent, and equitable, while enhancing the experiences of individuals and families. It is the further intent of the Legislature that the department shall, consistent with these equity goals, have the authority under this division to oversee and monitor the manner in which regional centers provide services pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500)). (b) Written directives issued by the department shall be consistent with the Lanterman Developmental Disabilities Services Act, and shall not interfere with the discretion of the individual program planning team to determine the needs and services appropriate for each person with a developmental disability who is entitled to services under the Lanterman Developmental Disabilities Services Act. (Added by Stats. 2023, Ch. 192, Sec. 6. (SB 138) Effective September 13, 2023.)
  15. 4435.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4400 - 4437] ( Part 1 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The department and regional centers must create and use standardized data, intake, planning, respite, and vendorization processes, and regional centers must report certain data on a schedule.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4400 - 4437] ( Part 1 added by Stats. 1977, Ch. 1252. ) ## 4435.1. (a) It is the intent of the Legislature to provide more statewide uniformity and consistency and promote equity in the administrative practices and services of regional centers, consistent with the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500)), as specified in this section. (b) (1) No later than June 30, 2024, the department shall establish common data definitions that shall be used to promote service access and equity in all regional center services and programs. No later than January 1, 2025, regional centers shall start recording the race and ethnicity and preferred language identified by each individual, subject to paragraph (4), at the time of initial intake, assessment, and the individual program plan meeting following the individual’s 18th birthday. Individuals have the right to update their demographic information at any time. (2) The categories for race and ethnicity shall be based on the latest categories adopted by the United States Core Data for Interoperability set forth by the United States Office of the National Coordinator for Health Information Technology. (3) “Preferred language” means the language chosen by the applicant or individual, or, when appropriate, the individual’s parent, legal guardian or conservator, or authorized representative. (4) Nothing in this section shall be construed to compel an individual, their parent, their legal guardian or conservator, or their authorized representative to provide requested information regarding the race, ethnicity, or preferred language of any of those persons. (5) The data requirements described in this subdivision shall be integrated with the department’s new case management system. (c) (1) No later than June 30, 2025, the department shall establish standardized processes, including standardized templates, for assessing a consumer’s need for respite services. Regional centers shall implement these standardized processes no later than January 1, 2026. (2) The processes shall include a requirement that the regional center obtain information about respite needs from family members and, when appropriate, from other caregivers. The information obtained from these standardized processes shall be considered by the individual’s individual program planning team. (3) Regional centers shall make any modifications to their purchase-of-service policies as necessary for implementation of this subdivision. (d) No later than June 30, 2024, the department shall establish a standardized individual program plan template and standardized procedures, including frequency of meetings, that are consistent with person-centered services planning requirements. The template shall be integrated with the department’s new case management system. Regional centers shall implement the standardized individual program plan template and procedures no later than January 1, 2025. (e) No later than June 30, 2025, the department shall establish standardized vendorization procedures. These procedures may include, but are not limited to, standardized vendorization forms and requirements to streamline vendorization elements, including when services are provided through more than one regional center. Regional centers shall implement these standardized vendorization procedures and provide updated vendor lists to the department on a quarterly basis no later than January 1, 2026. (f) (1) No later than January 1, 2025, the department shall establish a standardized intake process consistent with the requirements and timelines specified in Section 4642. (2) No later than June 30, 2025, and to the extent allowed by current data systems, regional centers shall report to the department, quarterly as described in paragraph (4), the number of assessments and the length of time that it took to determine eligibility. (3) The department shall include all of the following information in its new case management system: (A) The number of individuals for whom intake was requested. (B) The outcome of that intake, including whether an assessment was determined to be necessary. (C) The length of time that it took to complete the assessment. (D) The number of notices of action sent pursuant to paragraph (3) of subdivision (a) of Section 4642. (4) Regional centers shall report the data described in this subdivision to the department on a quarterly basis, based on the criteria specified in paragraphs (1) to (5), inclusive, of subdivision (a) of Section 4519.5. (g) The department shall develop the standardized processes specified in this section with input from stakeholders, including consumers and families, who reflect the demographic diversity of California, to the extent practicable. In developing the standardized processes specified in this section, the department shall address barriers that may impact access to services. (h) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department may implement, interpret, or make specific this section through written directives until regulations are effective. (i) As part of its quarterly updates to the Legislature pursuant to Section 4474.17, the department shall provide information on the status of implementation of this section. (Added by Stats. 2023, Ch. 192, Sec. 7. (SB 138) Effective September 13, 2023.)
  16. 4435.2.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4400 - 4437] ( Part 1 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The department must report several items about generic services and related coordination efforts to the Legislature, and it must also evaluate tracking and service-availability issues.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4400 - 4437] ( Part 1 added by Stats. 1977, Ch. 1252. ) ## 4435.2. (a) No later than July 1, 2025, the department, with input from stakeholders, including consumers and families, relevant state agencies, and other entities overseeing benefits or services considered generic services by regional centers, including representatives of the State Department of Education, the Department of Rehabilitation, the State Department of Social Services, and the State Department of Health Care Services, shall provide all of the following information to the Legislature in accordance with Section 9795 of the Government Code: (1) A definition of generic services. (2) Options to improve coordination of generic services for individuals and families. (3) A description of regional center efforts to coordinate generic services for individuals and families. (4) Identified barriers to accessing generic services. (b) The department shall explore the feasibility of including the functionality in its new case management system to track utilization of generic services. This functionality shall be used to the extent that data are available. (c) (1) The department shall, with input from stakeholders, including consumers and families, evaluate the availability of common services and supports that individuals served by regional centers can access when determined necessary by their individual program planning team or their individualized family service plan team. (2) The department shall evaluate these common services and supports for all of the following: (A) Inconsistencies in the availability of services or supports across the state. (B) Availability of services or supports based on the preferred language of consumers. (C) Recommendations for addressing inconsistencies, including data collection and related infrastructure requirements that may be necessary to analyze service or support use patterns. (3) By January 10, 2025, the department shall provide a status update on efforts to complete the evaluation described in this subdivision and a projected date for completing the evaluation. (d) As part of its quarterly updates to the Legislature pursuant to Section 4474.17, the department shall provide information on the status of implementation of this section. (Added by Stats. 2023, Ch. 192, Sec. 8. (SB 138) Effective September 13, 2023.)
  17. 4436.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4400 - 4437] ( Part 1 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The State Department of Developmental Services must evaluate certain developmental services facilities and submit the evaluations to legislative committees on an annual schedule.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4400 - 4437] ( Part 1 added by Stats. 1977, Ch. 1252. ) ## 4436. (a) In order to provide the information necessary to assess the impact of implementing the recommendations of the report submitted by the California Health and Human Services Agency, pursuant to Section 14 of Chapter 25 of the Statutes of 2013, the State Department of Developmental Services shall evaluate enhanced behavioral supports homes, established pursuant to Article 3.6 (commencing with Section 4684.80) of Chapter 6 of Division 4.5, community crisis homes, established pursuant to Article 8 (commencing with Section 4698) of Chapter 6 of Division 4.5, and the acute crisis centers at the Fairview Developmental Center and the Sonoma Developmental Center, as described in subdivision (h) of Section 4418.7. (b) The evaluation for enhanced behavioral supports homes and community crisis homes shall include information, by regional center catchment area, regarding the number of homes approved, the number of homes opened, the number of beds, the number of placements in a home from outside the regional center catchment area, comparative summary information regarding the characteristics of the persons served in these homes, immediate past residential settings, vacancy rates, and the established fixed facility rates and individual rates. (c) The evaluation for community crisis homes and the acute crisis centers at the Fairview Developmental Center and the Sonoma Developmental Center shall include comparative information regarding characteristics of the persons served, immediate past residential settings, staffing requirements, the average monthly occupancy, the average length of time to secure placement into the home or center, the average length of stay, the regional center of origin for placements, the number of placements from outside the regional center of origin, the number of individuals with multiple stays, the number of residents whose discharge was delayed due to the unavailability of a residential placement, and the per capita and total cost for each home or center. (d) The evaluation for enhanced behavioral supports homes shall also include the number of beds in the homes utilizing delayed egress devices in combination with secured perimeters, the extent to which the statewide limit established in regulation on the total number of beds permitted in homes with delayed egress devices in combination with secured perimeters is exceeded, the number of residents requiring out-of-home crisis intervention services, the nature of the services provided, and the ability of residents to return to the same home after temporary placement in another facility. (e) (1) Notwithstanding Section 10231.5 of the Government Code, the department shall provide the evaluations of enhanced behavioral supports homes and community crisis homes to the budget committees and appropriate policy committees of the Legislature annually, commencing on January 10 of the year after the first enhanced behavioral supports home or community crisis home is opened and services have commenced. (2) Notwithstanding Section 10231.5 of the Government Code, the department shall provide the evaluations for the acute crisis centers at the following facilities to the budget committees and appropriate policy committees of the Legislature annually: (A) The Fairview Developmental Center, commencing on January 10, 2015. (B) The Sonoma Developmental Center, commencing on January 10, 2016. (Added by Stats. 2014, Ch. 30, Sec. 10. (SB 856) Effective June 20, 2014.)
  18. 4436.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4400 - 4437] ( Part 1 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The department must publicly report restraint data it receives from regional centers and publish quarterly counts of physical and chemical restraint incidents on its website.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4400 - 4437] ( Part 1 added by Stats. 1977, Ch. 1252. ) ## 4436.5. (a) For the purposes of this section, the following definitions apply: (1) “Physical restraint” means any behavioral or mechanical restraint as defined in Section 1180.1 of the Health and Safety Code. (2) “Chemical restraint” means a drug that is used to control behavior and that is used in a manner not required to treat the patient’s medical conditions. (3) “Long-term health care facility” means a facility, as defined in Section 1418 of the Health and Safety Code, that is required to report to a regional center pursuant to Section 54327 of Title 17 of the California Code of Regulations. (4) “Acute psychiatric hospital” means a facility, as defined in subdivision (b) of Section 1250 of the Health and Safety Code, including an institution for mental disease, that is a regional center vendor. (5) “Regional center vendor” means an agency, individual, or service provider that a regional center has approved to provide vendored or contracted services or supports pursuant to paragraph (3) of subdivision (a) of Section 4648. (b) The department shall ensure the consistent, timely, and public reporting of data it receives from regional centers pursuant to Section 54327 of Title 17 of the California Code of Regulations regarding the use of physical restraint, chemical restraint, or both, by all regional center vendors who provide residential services or supported living services pursuant to Section 4689, and by long-term health care facilities and acute psychiatric hospitals serving individuals with developmental disabilities. (c) The department shall publish quarterly on its Internet Web site the following data, segregated by individual regional center vendor that provides residential services or supported living services and each individual long-term health care facility and acute psychiatric hospital that serves persons with developmental disabilities: (1) The number of incidents of physical restraint. (2) The number of incidents of chemical restraint. (Added by Stats. 2015, Ch. 340, Sec. 2. (AB 918) Effective January 1, 2016.)
  19. 4437.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4400 - 4437] ( Part 1 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The State Department of Developmental Services must report and post supplemental budget information each year by February 1.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4400 - 4437] ( Part 1 added by Stats. 1977, Ch. 1252. ) ## 4437. (a) The State Department of Developmental Services shall, on or before February 1 of each year, report to the Legislature and post on its Internet Web site supplemental budget information, which shall include both of the following: (1) For each developmental center, an estimate for the annual budget, including a breakdown of the staffing costs for Porterville Developmental Center’s general treatment area and secured treatment area. (2) For each regional center, all of the following information: (A) Current fiscal year allocations of total and per capita funding for operations and purchase of services. (B) The number of persons with developmental disabilities being served by the regional center in the current fiscal year. (C) The past fiscal year and current fiscal year information on the funding for its community placement plan, including a breakdown of the funding for startup, assessment, placement, and deflection. (D) Staff information. (b) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code. (Added by Stats. 2016, Ch. 26, Sec. 4. (AB 1606) Effective June 27, 2016.)
  20. 4440.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4440 - 4474.8] ( Chapter 1 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The department has jurisdiction over Fairview State Hospital, Frank D. Lanterman State Hospital, Porterville State Hospital, and Sonoma State Hospital.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4440 - 4474.8] ( Chapter 1 added by Stats. 1977, Ch. 1252. ) ## 4440. The department has jurisdiction over the following institutions: Fairview State Hospital. Frank D. Lanterman State Hospital. Porterville State Hospital. Sonoma State Hospital. (Amended by Stats. 2014, Ch. 144, Sec. 82. (AB 1847) Effective January 1, 2015.)
  21. 4440.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4440 - 4474.8] ( Chapter 1 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The department may contract with the State Department of State Hospitals to provide services for persons with developmental disabilities in state hospitals under that department’s jurisdiction.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4440 - 4474.8] ( Chapter 1 added by Stats. 1977, Ch. 1252. ) ## 4440.1. The department may contract with the State Department of State Hospitals to provide services to persons with developmental disabilities in state hospitals under the jurisdiction of the State Department of State Hospitals. (Amended by Stats. 2012, Ch. 24, Sec. 122. (AB 1470) Effective June 27, 2012.)
  22. 4440.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4440 - 4474.8] ( Chapter 1 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    A state hospital under the department’s jurisdiction may also be called a developmental center.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4440 - 4474.8] ( Chapter 1 added by Stats. 1977, Ch. 1252. ) ## 4440.5. A state hospital under the jurisdiction of the department may also be known as a developmental center. (Added by Stats. 1985, Ch. 582, Sec. 2.)
  23. 4441.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4440 - 4474.8] ( Chapter 1 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    Institutions under the State Department of Developmental Services must follow the department’s uniform rules and regulations, and this chapter applies to their conduct and management, unless another code provision specifically says otherwise.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4440 - 4474.8] ( Chapter 1 added by Stats. 1977, Ch. 1252. ) ## 4441. Except as otherwise specifically provided elsewhere in this code, all of the institutions under the jurisdiction of the State Department of Developmental Services shall be governed by uniform rule and regulation of the State Department of Developmental Services and all of the provisions of this chapter shall apply to the conduct and management of such institutions. (Added by Stats. 1977, Ch. 1252.)
  24. 4441.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4440 - 4474.8] ( Chapter 1 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The State Department of Developmental Services must develop notification policies and procedures for developmental centers within 30 days after the Budget Act of 1999 takes effect, and local law enforcement must review them before final implementation.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4440 - 4474.8] ( Chapter 1 added by Stats. 1977, Ch. 1252. ) ## 4441.5. The State Department of Developmental Services shall develop policies and procedures, by no later than 30 days following the effective date of the Budget Act of 1999, at each developmental center, to notify appropriate law enforcement agencies in the event of a forensic client walkaway or escape. Local law enforcement agencies, including local police and county sheriff’s departments, shall review the policies and procedures prior to final implementation by the department. (Added by Stats. 1999, Ch. 146, Sec. 24. Effective July 22, 1999.)
  25. 4442.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4440 - 4474.8] ( Chapter 1 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    Each state hospital is treated as a corporation.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4440 - 4474.8] ( Chapter 1 added by Stats. 1977, Ch. 1252. ) ## 4442. Each state hospital is a corporation. (Added by Stats. 1977, Ch. 1252.)
  26. 4443.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4440 - 4474.8] ( Chapter 1 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    A corporation may acquire and hold property in its own name by gift, grant, devise, or bequest.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4440 - 4474.8] ( Chapter 1 added by Stats. 1977, Ch. 1252. ) ## 4443. Each such corporation may acquire and hold in its corporate name by gift, grant, devise, or bequest property to be applied to the maintenance of the patients of the hospital and for the general use of the corporation. (Added by Stats. 1977, Ch. 1252.)
  27. 4444.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4440 - 4474.8] ( Chapter 1 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    State hospital lands generally must be acquired by condemnation, except land obtained by gift, devise, or purchase; purchase terms must be approved by the State Department of Developmental Services; and public streets or roads may not be opened through state hospital lands without the Legislature’s special-enactment consent.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4440 - 4474.8] ( Chapter 1 added by Stats. 1977, Ch. 1252. ) ## 4444. All lands necessary for the use of state hospitals except those acquired by gift, devise, or purchase, shall be acquired by condemnation as lands for other public uses are acquired. The terms of every purchase shall be approved by the State Department of Developmental Services. No public street or road for railway or other purposes, except for hospital use, shall be opened through the lands of any state hospital, unless the Legislature by special enactment consents thereto. (Added by Stats. 1977, Ch. 1252.)
  28. 4445.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4440 - 4474.8] ( Chapter 1 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The Director of General Services may grant road rights-of-way across the Sonoma State Hospital site, but only with the consent of the State Department of Developmental Services.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4440 - 4474.8] ( Chapter 1 added by Stats. 1977, Ch. 1252. ) ## 4445. Notwithstanding the provisions of Section 4444, the Director of General Services, with the consent of the State Department of Developmental Services, may grant rights-of-way for road purposes over and across state property comprising the site of the Sonoma State Hospital, upon such terms and conditions as the Director of General Services may deem to be for the best interests of the state. (Added by renumbering Section 4105 by Stats. 1977, Ch. 1252.)
  29. 4446.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4440 - 4474.8] ( Chapter 1 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The Director of General Services may make an agreement with the City of Santa Clara for a public right-of-way and long-term easements over state property at Agnews State Hospital.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4440 - 4474.8] ( Chapter 1 added by Stats. 1977, Ch. 1252. ) ## 4446. (a) Notwithstanding Section 4444, the Director of General Services may enter into an agreement with the City of Santa Clara for the dedication of a public right-of-way and the granting of long-term easements, as specified in subdivision (d), by the department over and across state property within Agnews State Hospital, for public road purposes. (b) The term of any easement agreed to by the department shall be of sufficient duration to enable the city to exercise jurisdiction over the public street or road thereon for maintenance purposes. Any construction or maintenance of a public street or road shall be at no cost to the state, and shall be subject to any applicable state or local requirements relating to accessibility for the physically handicapped or disabled. (c) The agreement shall contain such terms, conditions, reservations, and exceptions as the director deems in the best interest of the state, and as will protect the future use and marketability of the property. (d) Any public right-of-way or easements agreed to pursuant to subdivision (a) shall meet the following specifications: (1) A public right-of-way over approximately an 80-foot wide strip of land starting at a point approximately 1450 feet east of the center line of De La Cruz Boulevard and running in a northerly direction from Montague Expressway approximately 2200 feet to a point 250 feet south of the northern boundary of the Camsi III property, the last 970 feet of which lies contiguous with the western boundary of the Camsi III property, together with land necessary for acceleration and deceleration lanes from the proposed collector street onto and off of Montague Expressway, the land consisting of two wedge shaped parcels, 600 feet in length and varying width, between 20 feet to 0 feet. (2) A 20-foot wide easement for entry into state land, to fill an existing channel and install and maintain a water main, lying contiguous to the northern right-of-way line of Montague Expressway and running from the western boundary of Camsi III property, westerly to De La Cruz Boulevard, excepting that right-of-way previously described in paragraph (1) of this subdivision for the proposed street purpose. (3) A 30-foot wide easement, for the purpose of filling an existing storm channel, running from Montague Expressway 441 feet northerly along the water boundary of Camsi III property. (4) Other easements determined by the Director of General Services as necessary for the purpose of constructing a business development park pursuant to Section 14672.9 of the Government Code. (Amended by Stats. 1986, Ch. 121, Sec. 2. Effective June 3, 1986.)
  30. 4447.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4440 - 4474.8] ( Chapter 1 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The Director of General Services may grant certain road right-of-way interests over specified state hospital property, but only with the State Department of Developmental Services’ consent.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4440 - 4474.8] ( Chapter 1 added by Stats. 1977, Ch. 1252. ) ## 4447. Notwithstanding Section 4444, the Director of General Services with the consent of the State Department of Developmental Services, may grant a right-of-way for road purposes to the City of Stockton over and along a portion of the Stockton State Hospital property adjacent to Harding Way upon such terms and conditions and with such reservations and exceptions as in the opinion of the Director of General Services may be for the best interests of the state. The Director of General Services under the same conditions may grant a right-of-way for road purposes to the County of Orange over a portion of the Fairview State Hospital property adjacent to Harbor Boulevard. (Added by renumbering Section 4108 by Stats. 1977, Ch. 1252.)
  31. 4448.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4440 - 4474.8] ( Chapter 1 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The department must work with the City of Porterville to build an interceptor sewer between the Porterville State Hospital facilities and the city sewer system.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4440 - 4474.8] ( Chapter 1 added by Stats. 1977, Ch. 1252. ) ## 4448. The department shall participate with the City of Porterville in the construction of an interceptor sewer between the Porterville State Hospital facilities and the sewer facilities of the City of Porterville. For the purpose of this section the state may expend from any available funds 20 percent of the bid for the construction of the project authorized pursuant to this section or sixty thousand dollars ($60,000), whichever is less. (Added by renumbering Section 4108.2 by Stats. 1977, Ch. 1252.)
  32. 4449.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4440 - 4474.8] ( Chapter 1 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The State Department of Developmental Services controls and directs specified state hospitals and must protect their interests, carry out their purposes and rules, set needed internal bylaws and regulations, and maintain effective inspection.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4440 - 4474.8] ( Chapter 1 added by Stats. 1977, Ch. 1252. ) ## 4449. The State Department of Developmental Services has general control and direction of the property and concerns of each state hospital specified in Section 4440. The department shall: (a) Take care of the interests of the hospital, and see that its purpose and its bylaws, rules, and regulations are carried into effect, according to law. (b) Establish such bylaws, rules, and regulations as it deems necessary and expedient for regulating the duties of officers and employees of the hospital, and for its internal government, discipline, and management. (c) Maintain an effective inspection of the hospital. (Amended by Stats. 1978, Ch. 429.)
  33. 4450.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4440 - 4474.8] ( Chapter 1 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The medical superintendent must prepare detailed triplicate estimates of needed supplies, expenses, buildings, and improvements, and submit them to the State Department of Developmental Services.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4440 - 4474.8] ( Chapter 1 added by Stats. 1977, Ch. 1252. ) ## 4450. The medical superintendent shall make triplicate estimates, in minute detail, as approved by the State Department of Developmental Services of such supplies, expenses, buildings, and improvements as are required for the best interests of the hospital, and for the improvement thereof and of the grounds and buildings connected therewith. These estimates shall be submitted to the State Department of Developmental Services which may revise them. The department shall certify that it has carefully examined the estimates, and that the supplies, expenses, buildings, and improvements contained in such estimates, as approved by it, are required for the best interests of the hospital. The department shall thereupon proceed to purchase such supplies, make such expenditures, or conduct such improvements or buildings in accordance with law. (Added by Stats. 1977, Ch. 1252.)
  34. 4451.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4440 - 4474.8] ( Chapter 1 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    State hospitals may manufacture certain supplies and devices, but hospitals need department permission before manufacturing supplies or materials, and the department can halt manufacturing if it is not economical.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4440 - 4474.8] ( Chapter 1 added by Stats. 1977, Ch. 1252. ) ## 4451. The state hospitals may manufacture supplies, materials, and assisting devices which are for the benefit of individuals with disabilities who otherwise would not have access to those articles, or which are necessary or required to be used in any of the state hospitals, and which can be economically manufactured therein. The necessary cost and expense of providing for and conducting the manufacture of such supplies and materials shall be paid in the same manner as other expenses of the hospitals. No hospital shall enter into or engage in manufacturing any supplies or materials unless permission for the same is obtained from the State Department of Developmental Services. If, at any time, it appears to the department that the manufacture of any article is not being or cannot be economically carried on at a state hospital, the department may suspend or stop the manufacture of such article, and on receipt of a certified copy of the order directing the suspension or stopping of such manufacture, by the medical superintendent, the hospital shall cease from manufacturing such article. (Amended by Stats. 1987, Ch. 1071, Sec. 1.)
  35. 4452.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4440 - 4474.8] ( Chapter 1 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    State hospitals must deposit most state-owned money they receive into the State Treasury at the end of each month.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4440 - 4474.8] ( Chapter 1 added by Stats. 1977, Ch. 1252. ) ## 4452. All money belonging to the state and received by state hospitals from any source, except appropriations, shall, at the end of each month, be deposited in the State Treasury, to the credit of the General Fund. This section shall not apply to the funds known as the industrial or amusement funds or the “sheltered workshop funds.” (Added by Stats. 1977, Ch. 1252.)
  36. 4453.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4440 - 4474.8] ( Chapter 1 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    State hospitals and their officers must give the Controller whatever financial statements the Controller requires.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4440 - 4474.8] ( Chapter 1 added by Stats. 1977, Ch. 1252. ) ## 4453. The state hospitals and the officers thereof shall make such financial statements to the Controller as the Controller requires. (Added by Stats. 1977, Ch. 1252.)
  37. 4454.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4440 - 4474.8] ( Chapter 1 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    Hospital authorities and hospital superintendents must report specified facts and records to the State Department of Developmental Services within set time limits.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4440 - 4474.8] ( Chapter 1 added by Stats. 1977, Ch. 1252. ) ## 4454. The authorities for the several hospitals shall furnish to the State Department of Developmental Services the facts mentioned in Section 4425 and such other obtainable facts as the department from time to time requires of them, with the opinion of the superintendent thereon, if requested. The superintendent or other person in charge of a hospital shall, within 10 days after the admission of any person thereto, cause an abstract of the medical certificate and order on which such person was received and a list of all property, books, and papers of value found in the possession of or belonging to such person to be forwarded to the office of the department, and when a patient is discharged, transferred, or dies, the superintendent or person in charge shall within three days thereafter, send the information to the office of the department, in accordance with the form prescribed by it. (Added by Stats. 1977, Ch. 1252.)
  38. 4455.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4440 - 4474.8] ( Chapter 1 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The department may allow a religious or missionary corporation or society to build on state hospital grounds for religious services, and it may set conditions and regulations.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4440 - 4474.8] ( Chapter 1 added by Stats. 1977, Ch. 1252. ) ## 4455. The department may permit, subject to such conditions and regulations as it may impose, any religious or missionary corporation or society to erect a building on the grounds of any state hospital for the holding of religious services. Each such building when erected shall become the property of the state and shall be used exclusively for the benefit of the patients and employees of the state hospital. (Added by Stats. 1977, Ch. 1252.)
  39. 4456.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4440 - 4474.8] ( Chapter 1 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The department may establish and supervise training schools or courses for its employees and employees of state institutions under its jurisdiction.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4440 - 4474.8] ( Chapter 1 added by Stats. 1977, Ch. 1252. ) ## 4456. The department may establish and supervise under its rules and regulations training schools or courses for employees of the department or of state institutions under its jurisdiction. (Added by Stats. 1978, Ch. 429.)
  40. 4457.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4440 - 4474.8] ( Chapter 1 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    In certain state hospital escape, habeas corpus, release, and in-hospital crime cases, the county must prepare and certify a costs statement, send it to the Controller, and the Controller must pay approved costs to the county treasurer.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4440 - 4474.8] ( Chapter 1 added by Stats. 1977, Ch. 1252. ) ## 4457. Whenever a trial is had of any person charged with escape or attempt to escape from a state hospital, whenever a hearing is had on the return of a writ of habeas corpus prosecuted by or on behalf of any person confined in a state hospital except in a proceeding to which Section 5110 applies, whenever a hearing is had on a petition under Section 1026.2, subdivision (b) of Section 1026.5, or subdivision (f) of Section 2960 of the Penal Code, or Section 7361 of this code for the release of a person confined in a state hospital, and whenever a person confined in a state hospital is tried for any crime committed therein, the appropriate financial officer or other designated official of the county in which the trial or hearing is had shall make out a statement of all costs incurred by the county for investigation and other preparation for the trial or hearing, and the actual trial or hearing, all costs of maintaining custody of the patient and transporting him or her to and from the hospital, and costs of appeal, which statement shall be properly certified by a judge of the superior court of that county and sent to the Controller for approval. After the court approval, the Controller shall cause the amount of the costs incurred on and after July 1, 1987, to be paid out of the money appropriated by the Legislature, to the county treasurer of the county where the trial or hearing was had. (Amended by Stats. 2002, Ch. 221, Sec. 206. Effective January 1, 2003.)
  41. 4459.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4440 - 4474.8] ( Chapter 1 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The State Department of Developmental Services must examine nonresident persons committed to state hospitals and return them promptly and humanely to their legal-residence state, unless a patient’s medical condition justifies deferral.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4440 - 4474.8] ( Chapter 1 added by Stats. 1977, Ch. 1252. ) ## 4459. The State Department of Developmental Services shall investigate and examine all nonresident persons judicially committed to any state hospital and shall cause such persons, when found to be nonresidents as defined in this chapter, to be promptly and humanely returned under proper supervision to the state in which they have legal residence. The department may defer such action by reason of a patient’s medical condition. For the purpose of facilitating the prompt and humane return of such persons the State Department of Developmental Services may enter into reciprocal agreements with the proper boards, commissions, or officers of other states or political subdivision thereof for the mutual exchange or return of such person judicially committed to any state hospital in one state whose legal residence is in the other, and it may in such reciprocal agreements vary the period of residence as defined in this chapter to meet the requirements or laws of the other states. The department may give written permission for the return of any resident of this state confined in a public institution in another state, corresponding to any state home for the developmentally disabled of this state. When a resident is returned to this state pursuant to this chapter, he may be admitted as a voluntary patient to any institution of the department as designated by the Director of Developmental Services. (Added by Stats. 1977, Ch. 1252.)
  42. 4460.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4440 - 4474.8] ( Chapter 1 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    A developmentally disabled adult, or a parent/guardian/conservator of a developmentally disabled minor, must be a state resident to be entitled to hospitalization in California.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4440 - 4474.8] ( Chapter 1 added by Stats. 1977, Ch. 1252. ) ## 4460. In order to be entitled to hospitalization in this state, an adult developmentally disabled person or the parent or guardian or conservator of a developmentally disabled minor shall be a state resident. Residence acquired in this or in another state shall not be lost by reason of military service in the armed forces of the United States. (Amended by Stats. 1979, Ch. 730.)
  43. 4461.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4440 - 4474.8] ( Chapter 1 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    This section allocates the costs of returning persons to other states and lets transportation costs be advanced from appropriated funds, with voucher approval by the Department of General Services.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4440 - 4474.8] ( Chapter 1 added by Stats. 1977, Ch. 1252. ) ## 4461. (a) All expenses incurred in returning such persons to other states shall be paid by this state, the person, or his or her relatives, but the expense of returning residents of this state shall be borne by the state making the returns. (b) The cost and expense incurred in effecting the transportation of the nonresident persons to the states in which they have residence shall be advanced from the funds appropriated for that purpose or, if necessary, from the money appropriated for the care of developmentally disabled persons upon vouchers approved by the Department of General Services. (Amended by Stats. 2016, Ch. 31, Sec. 281. (SB 836) Effective June 27, 2016.)
  44. 4462.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4440 - 4474.8] ( Chapter 1 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The State Department of Developmental Services may transfer patients between state institutions when necessary, subject to conditions set by the director.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4440 - 4474.8] ( Chapter 1 added by Stats. 1977, Ch. 1252. ) ## 4462. The State Department of Developmental Services, when it deems it necessary, may, under conditions prescribed by the director, transfer any patients of a state institution under its jurisdiction to another such institution. Transfers of patients of state hospitals shall be made in accordance with the provisions of Section 7300. Transfer of a conservatee shall only be with the consent of the conservator. The expense of any such transfer shall be paid from the moneys available by law for the support of the department or for the support of the institution from which the patient is transferred. Liability for the care, support, and maintenance of a patient so transferred in the institution to which he has been transferred shall be the same as if he had originally been committed to such institution. (Added by Stats. 1977, Ch. 1252.)
  45. 4463.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4440 - 4474.8] ( Chapter 1 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The Director of Developmental Services may authorize transfers of persons between department institutions and federally authorized receiving institutions.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4440 - 4474.8] ( Chapter 1 added by Stats. 1977, Ch. 1252. ) ## 4463. The Director of Developmental Services may authorize the transfer of persons from any institution within the department to any institution authorized by the federal government to receive such person. (Added by Stats. 1977, Ch. 1252.)
  46. 4464.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4440 - 4474.8] ( Chapter 1 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The State Department of Developmental Services must send the Department of Veterans Affairs, when requested, a list of certain long-term patients who are known to have served in the U.S. armed forces.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4440 - 4474.8] ( Chapter 1 added by Stats. 1977, Ch. 1252. ) ## 4464. The State Department of Developmental Services shall send to the Department of Veterans Affairs whenever requested a list of all persons who have been patients for six months or more in each state institution within the jurisdiction of the State Department of Developmental Services and who are known to have served in the armed forces of the United States. (Added by Stats. 1977, Ch. 1252.)
  47. 4465.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4440 - 4474.8] ( Chapter 1 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The Director of Developmental Services may handle patient funds in specified ways, but patient authorization and Finance Department approval are required for some investments. Hospital administrators may manage related interest funds, and patient care charges must be itemized.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4440 - 4474.8] ( Chapter 1 added by Stats. 1977, Ch. 1252. ) ## 4465. The Director of Developmental Services may deposit any funds of patients in the possession of each hospital administrator of a state hospital in trust with the treasurer pursuant to Section 16305.3, Government Code, or, subject to the approval of the Department of Finance, may deposit such funds in interest-bearing bank accounts or invest and reinvest such funds in any of the securities which are described in Article 1 (commencing with Section 16430), Chapter 3, Part 2, Division 1, Title 2 of the Government Code and for the purposes of deposit or investment only may mingle the funds of any patient with the funds of other patients. The hospital administrator with the consent of the patient may deposit the interest or increment on the funds of a patient in the state hospital in a special fund for each state hospital, to be designated the “benefit fund,” of which he shall be the trustee. He may, with the approval of the Director of Developmental Services, expend the moneys in any such fund for the education or entertainment of the patients of the institution. On and after December 1, 1970, the funds of a patient in a state hospital or a patient on leave of absence from a state hospital shall not be deposited in interest-bearing bank accounts or invested and reinvested pursuant to this section except when authorized by the patient; any interest or increment accruing on the funds of a patient on leave of absence from a state hospital shall be deposited in his account; any interest or increment accruing on the funds of a patient in a state hospital shall be deposited in his account, unless such patient authorizes their deposit in the state hospital’s “benefit fund.” Any state hospital charges for patient care against the funds of a patient in the possession of a hospital administrator or deposited pursuant to this section and which are used to pay for such care, shall be stated in an itemized bill to the patient. (Added by Stats. 1977, Ch. 1252.)
  48. 4466.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4440 - 4474.8] ( Chapter 1 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    After a patient dies, the superintendent must hold any remaining money or personal property for one year, then turn unclaimed money and property over or dispose of it as specified.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4440 - 4474.8] ( Chapter 1 added by Stats. 1977, Ch. 1252. ) ## 4466. Whenever any patient in any state institution subject to the jurisdiction of the State Department of Developmental Services dies, and any personal funds or property of such patient remains in the hands of the superintendent thereof, and no demand is made upon such superintendent by the owner of the funds or property or his legally appointed representative all money and other personal property of such decedent remaining in the custody or possession of the superintendent thereof shall be held by him for a period of one year from the date of death of the decedent, for the benefit of the heirs, legatees, or successors in interest of such decedent. Upon the expiration of such one-year period, any money remaining unclaimed in the custody or possession of the superintendent shall be delivered by him to the State Treasurer for deposit in the Unclaimed Property Fund under the provisions of Article 1 (commencing with Section 1440) of Chapter 6 of Title 10 of Part 3 of the Code of Civil Procedure. Upon the expiration of such one-year period, all personal property and documents of the decedent, other than cash, remaining unclaimed in the custody or possession of the superintendent, shall be disposed of as follows: (a) All deeds, contracts or assignments shall be filed by the superintendent with the public administrator of the county of commitment of the decedent; (b) All other personal property shall be sold by the superintendent at public auction, or upon a sealed-bid basis, and the proceeds of the sale delivered by him to the State Treasurer in the same manner as is herein provided with respect to unclaimed money of the decedent. If he deems it expedient to do so, the superintendent may accumulate the property of several decedents and sell the property in such lots as he may determine, provided that he makes a determination as to each decedent’s share of the proceeds; (c) If any personal property of the decedent is not salable at public auction, or upon a sealed-bid basis, or if it has no intrinsic value, or if its value is not sufficient to justify the deposit of such property in the State Treasury, the superintendent may order it destroyed; (d) All other unclaimed personal property of the decedent not disposed of as provided in subdivision (a), (b), or (c) hereof, shall be delivered by the superintendent to the State Controller for deposit in the State Treasury under the provisions of Article 1 (commencing with Section 1440) of Chapter 6 of Title 10 of Part 3 of the Code of Civil Procedure. (Added by Stats. 1977, Ch. 1252.)
  49. 4467.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4440 - 4474.8] ( Chapter 1 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    When a patient leaves a state developmental services institution, the superintendent must hold certain unclaimed money and intangible property for seven years, then follow the stated filing, sale, and disposition steps.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4440 - 4474.8] ( Chapter 1 added by Stats. 1977, Ch. 1252. ) ## 4467. Whenever any patient in any state institution subject to the jurisdiction of the State Department of Developmental Services escapes, or is discharged or is on leave of absence from such institution, and any personal funds or property of such patient remains in the hands of the superintendent thereof, and no demand is made upon said superintendent by the owner of the funds or property or his legally appointed representative, all money and other intangible personal property of such patient, other than deeds, contracts, or assignments, remaining in the custody or possession of the superintendent thereof shall be held by him for a period of seven years from the date of such escape, discharge, or leave of absence, for the benefit of such patient or his successors in interest; provided, however, that unclaimed personal funds or property of minors on leave of absence may be exempted from the provisions of this section during the period of their minority and for a period of one year thereafter, at the discretion of the Director of Developmental Services. Upon the expiration of said seven-year period, any money and other intangible property, other than deeds, contracts, or assignments, remaining unclaimed in the custody or possession of the superintendent shall be subject to the provisions of Chapter 7 (commencing with Section 1500) of Title 10 of Part 3 of the Code of Civil Procedure. Upon the expiration of one year from the date of such escape, discharge, or parole: (a) All deeds, contracts or assignments shall be filed by the superintendent with the public administrator of the county of commitment of such patient; (b) All tangible personal property other than money, remaining unclaimed in his custody or possession, shall be sold by the superintendent at public auction, or upon a sealed-bid basis, and the proceeds of the sale shall be held by him subject to the provisions of Section 4465 of this code, and subject to the provisions of Chapter 7 (commencing with Section 1500) of Title 10 of Part 3 of the Code of Civil Procedure. If he deems it expedient to do so, the superintendent may accumulate the property of several patients and may sell the property in such lots as he may determine, provided that he makes a determination as to each patient’s share of the proceeds; If any tangible personal property covered by this section is not salable at public auction or upon a sealed-bid basis, or if it has no intrinsic value, or if its value is not sufficient to justify its retention by the superintendent to be offered for sale at public auction or upon a sealed-bid basis at a later date, the superintendent may order it destroyed. (Added by Stats. 1977, Ch. 1252.)
  50. 4468.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4440 - 4474.8] ( Chapter 1 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    Before certain property is disposed of under Sections 4466 or 4467, notice must be posted and a copy mailed at least 30 days in advance.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4440 - 4474.8] ( Chapter 1 added by Stats. 1977, Ch. 1252. ) ## 4468. Before any money or other personal property or documents are delivered to the State Treasurer, State Controller, or public administrator, or sold at auction or upon a sealed-bid basis, or destroyed, under the provisions of Section 4466, and before any personal property or documents are delivered to the public administrator, or sold at auction or upon a sealed-bid basis, or destroyed, under the provisions of Section 4467, notice of such intended disposition shall be posted at least 30 days prior to the disposition, in a public place at the institution where the disposition is to be made, and a copy of such notice shall be mailed to the last known address of the owner or deceased owner, at least 30 days prior to such disposition. The notice prescribed by this section need not specifically describe each item of property to be disposed of. (Added by Stats. 1977, Ch. 1252.)
  51. 4469.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4440 - 4474.8] ( Chapter 1 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    When the superintendent delivers money or other personal property to the State Treasurer or State Controller under the cited provisions, the superintendent must also give the State Controller a schedule describing the property and identifying the owner or deceased owner.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4440 - 4474.8] ( Chapter 1 added by Stats. 1977, Ch. 1252. ) ## 4469. At the time of delivering any money or other personal property to the State Treasurer or State Controller under the provisions of Section 4126 or of Chapter 7 (commencing with Section 1500) of Title 10 of Part 3 of the Code of Civil Procedure, the superintendent shall deliver to the State Controller a schedule setting forth a statement and description of all money and other personal property delivered, and the name and last known address of the owner or deceased owner. (Added by Stats. 1977, Ch. 1252.)
  52. 4470.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4440 - 4474.8] ( Chapter 1 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    If personal property is destroyed under Sections 4466 or 4467, no one may sue the state or its officers over that property.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4440 - 4474.8] ( Chapter 1 added by Stats. 1977, Ch. 1252. ) ## 4470. When any personal property has been destroyed as provided in Section 4466 or 4467, no suit shall thereafter be maintained by any person against the state or any officer thereof for or on account of such property. (Added by Stats. 1977, Ch. 1252.)
  53. 4471.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4440 - 4474.8] ( Chapter 1 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    Day hospitals and rehabilitation centers run by the State Department of Developmental Services must follow the code rules for patient admission, transfer, and discharge, and every admission needs the chief officer’s approval.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4440 - 4474.8] ( Chapter 1 added by Stats. 1977, Ch. 1252. ) ## 4471. All day hospitals and rehabilitation centers maintained by the State Department of Developmental Services shall be subject to the provisions of this code pertaining to the admission, transfer, and discharge of patients at the state hospitals, except that all admissions to such facilities shall be subject to the approval of the chief officer thereof. Charges for services rendered to patients at such facilities shall be determined pursuant to Section 4431. The liability for such charges shall be governed by the provisions of Article 4 (commencing with Section 6715) of Chapter 3 of Part 2 of Division 6 of this code and Chapter 4 (commencing with Section 7500) of Division 7 of this code. (Added by Stats. 1977, Ch. 1252.)
  54. 4472.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4440 - 4474.8] ( Chapter 1 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    State hospitals under the jurisdiction of the State Department of Developmental Services must follow the California Food Sanitation Act and the California Uniform Retail Food Facilities Law.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4440 - 4474.8] ( Chapter 1 added by Stats. 1977, Ch. 1252. ) ## 4472. The state hospitals under the jurisdiction of the State Department of Developmental Services shall comply with the California Food Sanitation Act, Article 1 (commencing with Section 111950) of Chapter 4 of Part 6 of Division 104 of the Health and Safety Code. The state hospitals under the jurisdiction of the State Department of Developmental Services shall also comply with the California Uniform Retail Food Facilities Law, Chapter 4 (commencing with Section 113700) of Part 7 of Division 104. Sanitation, health and hygiene standards that have been adopted by a city, county, or city and county that are more strict than those of the California Uniform Retail Food Facilities Law or the California Food Sanitation Act shall not be applicable to state hospitals that are under the jurisdiction of the State Department of Developmental Services. (Amended by Stats. 1996, Ch. 1023, Sec. 462. Effective September 29, 1996.)
  55. 4473.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4440 - 4474.8] ( Chapter 1 added by Stats. 1977, Ch. 1252. )

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    If a patient dies in a state hospital for the developmentally disabled under suspicious circumstances, the State Department of Developmental Services must review the coroner’s investigation and, if state employee negligence or wrongdoing caused the death, notify relevant authorities and end the employee’s employment. If the employee is a licensed mental health professional, the licensing board must also review the death and decide whether to revoke, suspend, or otherwise discipline the license.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4440 - 4474.8] ( Chapter 1 added by Stats. 1977, Ch. 1252. ) ## 4473. Whenever a patient dies in a state hospital for the developmentally disabled and the coroner finds that the death was by accident or at the hands of another person other than by accident, the State Department of Developmental Services shall determine upon review of the coroner’s investigation if such death resulted from the negligence, recklessness, or intentional act of a state employee. If it is determined that such death directly resulted from the negligence, recklessness, or intentional act of a state employee, the department shall immediately notify the State Personnel Board and any appropriate licensing agency and shall terminate the employment of such employee as provided by law. In addition, if such state employee is a licensed mental health professional, the appropriate licensing board shall inquire into the circumstances of such death, examine the findings of the coroner’s investigation, and make a determination of whether such mental health professional should have his license revoked or suspended or be subject to other disciplinary action. “Licensed mental health professional,” as used in this section, means a person licensed by any board, bureau, department, or agency pursuant to a state law and employed in a state hospital for the developmentally disabled. (Added by Stats. 1978, Ch. 69.)
  56. 4474.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4440 - 4474.8] ( Chapter 1 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    Patients in a state hospital for the developmentally disabled who have stayed there at least 30 days must receive aid for personal and incidental needs so that aid plus their income totals $12.50 per month.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4440 - 4474.8] ( Chapter 1 added by Stats. 1977, Ch. 1252. ) ## 4474. Each patient in a state hospital for the developmentally disabled who has resided in the state hospital for a period of at least 30 days shall be paid an amount of aid for his or her personal and incidental needs which when added to his or her income equals twelve dollars and fifty cents ($12.50) per month. (Added by renumbering Section 4473 (as added by Stats. 1978, Ch. 429) by Stats. 1986, Ch. 248, Sec. 250.)
  57. 4474.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4440 - 4474.8] ( Chapter 1 added by Stats. 1977, Ch. 1252. )

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    If the department wants to close a state developmental center, it must submit a detailed plan to the Legislature by April 1 before the implementation fiscal year, include it in the Governor’s proposed budget, and the plan cannot be implemented without legislative approval.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4440 - 4474.8] ( Chapter 1 added by Stats. 1977, Ch. 1252. ) ## 4474.1. (a) Whenever the State Department of Developmental Services proposes the closure of a state developmental center, the department shall be required to submit a detailed plan to the Legislature not later than April 1 immediately prior to the fiscal year in which the plan is to be implemented, and as a part of the Governor’s proposed budget. A plan submitted to the Legislature pursuant to this section, including any modifications made pursuant to subdivision (b), shall not be implemented without the approval of the Legislature. (b) A plan submitted on or before April 1 immediately prior to the fiscal year in which the plan is to be implemented may be subsequently modified during the legislative review process. (c) Prior to submission of the plan to the Legislature, the department shall solicit input from the State Council on Developmental Disabilities, the Association of Regional Center Agencies, the protection and advocacy agency specified in Section 4901, the local regional center, consumers living in the developmental center, parents, family members, guardians, and conservators of persons living in the developmental centers or their representative organizations, persons with developmental disabilities living in the community, developmental center employees and employee organizations, community care providers, the affected city and county governments, and business and civic organizations, as may be recommended by local state Senate and Assembly representatives. (d) Prior to the submission of the plan to the Legislature, the department shall confer with the county in which the developmental center is located, the regional centers served by the developmental center, and other state departments using similar occupational classifications, to develop a program for the placement of staff of the developmental center planned for closure in other developmental centers, as positions become vacant, or in similar positions in programs operated by, or through contract with, the county, regional centers, or other state departments, including, but not limited to, the community state staff program, use of state staff for mobile health and crisis teams in the community, and use of state staff in new state-operated models that may be developed as a component of the closure plan. (e) Prior to the submission of the plan to the Legislature, the department shall confer with the county in which the developmental center is located, and shall consider recommendations for the use of the developmental center property. (f) Prior to the submission of the plan to the Legislature, the department shall hold at least one public hearing in the community in which the developmental center is located, with public comment from that hearing summarized in the plan. (g) The plan submitted to the Legislature pursuant to this section shall include all of the following: (1) A description of the land and buildings at the developmental center. (2) A description of existing lease arrangements at the developmental center. (3) A description of resident characteristics, including, but not limited to, age, gender, ethnicity, family involvement, years of developmental center residency, developmental disability, and other factors that will determine service and support needs. (4) A description of stakeholder input provided pursuant to subdivisions (c), (d), and (e), including a description of local issues, concerns, and recommendations regarding the proposed closure, and alternative uses of the developmental center property. (5) The impact on residents and their families. (6) A description of the unique and specialized services provided by the developmental center, including, but not limited to, crisis facilities, health and dental clinics, and adaptive technology services. (7) A description of the assessment process and community placement decision process that will ensure necessary services and supports are in place prior to a resident transitioning into the community. (8) Anticipated alternative placements for residents. (9) A description of how the department will transition the client rights advocacy contract provided at the developmental center pursuant to Section 4433 to the community. (10) A description of how the well-being of the residents will be monitored during and following their transition into the community. (11) The impact on regional center services. (12) Where services will be obtained that, upon closure of the developmental center, will no longer be provided by that facility. (13) A description of the potential job opportunities for developmental center employees, activities the department will undertake to support employees through the closure process, and other efforts made to mitigate the effect of the closure on employees. (14) The fiscal impact of the closure. (15) The timeframe in which closure will be accomplished. (Amended by Stats. 2016, Ch. 86, Sec. 313. (SB 1171) Effective January 1, 2017.)
  58. 4474.11.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4440 - 4474.8] ( Chapter 1 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The Department of Developmental Services must submit and post a plan to close developmental centers, and any later implementation depends on legislative approval.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4440 - 4474.8] ( Chapter 1 added by Stats. 1977, Ch. 1252. ) ## 4474.11. (a) Notwithstanding any other law, on or before October 1, 2015, the Department of Developmental Services shall submit to the Legislature a plan or plans to close one or more developmental centers. The plan or plans shall meet the requirements of subdivisions (c) to (g), inclusive of Section 4474.1, and shall be posted on the department’s Internet Web site. The department may develop community resources and otherwise engage in activities for transitioning developmental center residents into the community, and utilize funds allocated for that purpose as part of the annual Budget Act that is enacted at the 2015–16 Regular Session of the Legislature. Implementation of a plan following the 2015–16 fiscal year is contingent upon legislative approval of the plan as part of the legislative budget process during the 2016–17 Regular Session of the Legislature. (b) A plan submitted to the Legislature pursuant to this section may subsequently be modified during the legislative review process. Modifications may include changes based on stakeholder and county-designated advisory group comments, as well as recommendations made by the county in which the developmental center is located. (Added by Stats. 2015, Ch. 23, Sec. 6. (SB 82) Effective June 24, 2015.)
  59. 4474.12.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4440 - 4474.8] ( Chapter 1 added by Stats. 1977, Ch. 1252. )

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    The department must try to amend an existing contract for a movers longitudinal study to add required participation, follow-up, access, and reporting terms.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4440 - 4474.8] ( Chapter 1 added by Stats. 1977, Ch. 1252. ) ## 4474.12. (a) The department shall seek to modify the contract in existence on January 1, 2017, for the conduct of a movers longitudinal study to include all of the following: (1) A requirement that at least 250 individuals who meet the following criteria participate in the study: (A) Volunteered to participate in the study. (B) Proportionately selected from among individuals who have moved into the community from Sonoma Developmental Center, Fairview Developmental Center, or Porterville Developmental Center. (C) Proportionately selected from among individuals who have moved into the community at different stages of the closure process. (2) A requirement that the study follow a sample of individuals described in paragraph (1) for a two-year period after the individual moves into the community from the developmental center. (3) A requirement that the study include individuals who move into the community from a developmental center during the first year of the study, and during each subsequent year of the study, until the developmental centers identified in subparagraph (B) of paragraph (1) close. (4) A requirement that researchers conducting the study meet with each individual participating in the study at intervals of three months, six months, one year, and two years following the person’s move into the community from the developmental center to discuss the individual’s quality of life and services and supports. (b) The movers longitudinal study described in this section is one element of the quality assurance instrument required pursuant to Section 4571. (c) (1) For purposes of conducting the study, the department shall maintain and update the addresses of, and contact information for, former residents of the centers who relocated as a result of the closure of the centers. (2) The department shall ensure, to the extent permitted by law, that researchers conducting the study have access to data and other information necessary to conduct the study, including the addresses of, and contact information for, former residents of the centers who relocated due to the closure of the centers. (d) The department shall annually submit interim reports to the Legislature regarding the study in accordance with the requirements of Section 9795 of the Government Code. The reports shall include information about consumer and family satisfaction and adequacy of community services. Upon the completion of the study as described in subdivision (a), the department shall submit the study to the Legislature, in accordance with the requirements of Section 9795 of the Government Code. (Added by Stats. 2016, Ch. 586, Sec. 2. (SB 982) Effective January 1, 2017.)
  60. 4474.15.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4440 - 4474.8] ( Chapter 1 added by Stats. 1977, Ch. 1252. )

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    The State Department of Developmental Services must provide legislative updates, publish a monthly progress report, and give quarterly updates on service development and residential capacity.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4440 - 4474.8] ( Chapter 1 added by Stats. 1977, Ch. 1252. ) ## 4474.15. (a) The State Department of Developmental Services shall include an update to the Legislature in the 2017–18 May Revision regarding how the department will provide access to crisis services after the closure of a developmental center and how the state will maintain its role in providing residential services to those whom private sector vendors cannot or will not serve. As part of this plan, the department shall assess the option of expanding the community state staff program authorized in Section 4474.2 to allow the department’s employees to serve as regional crisis management teams that provide assessment, consultation, and resolution for persons with developmental disabilities in crisis in the community. (b) The State Department of Developmental Services shall post on its Internet Web site a monthly progress report regarding the development of residential capacity by each regional center. The report shall include information on monthly targets for individuals moving out of a developmental center based on transition activities and community resource development activities by each regional center. The report shall also provide an explanation of any targets that have not been met. (c) Commencing July 1, 2017, and until December 31, 2020, the State Department of Developmental Services shall provide quarterly updates to the appropriate policy and fiscal committees of the Legislature on the steps foreseen, planned, and completed in the development of services under the department’s update to the Legislature pursuant to subdivision (a), including any planned services or residences intended to facilitate transitions or diversions from institutes for mental disease, or other restrictive settings in the community, or the secure treatment program at Porterville Developmental Center. These updates may be made in conjunction with planned quarterly updates on closure activities for developmental centers. (d) (1) The requirement for submitting a report imposed under subdivision (a) is inoperative on January 1, 2020, pursuant to Section 10231.5 of the Government Code. (2) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code. (Amended by Stats. 2017, Ch. 18, Sec. 8. (AB 107) Effective June 27, 2017.)
  61. 4474.16.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4440 - 4474.8] ( Chapter 1 added by Stats. 1977, Ch. 1252. )

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    The department must submit an updated safety net plan to the Legislature by January 10, 2023, then provide quarterly updates and post quarterly plan updates on its website through December 31, 2026.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4440 - 4474.8] ( Chapter 1 added by Stats. 1977, Ch. 1252. ) ## 4474.16. (a) (1) On or before January 10, 2023, and in conjunction with the Governor’s proposed 2023–24 budget, the State Department of Developmental Services shall submit to the Legislature an updated version of the safety net plan that was originally submitted pursuant to subdivision (a) of Section 4474.15. (2) The updated plan shall be developed in consultation with stakeholders and shall do all of the following: (A) Evaluate the progress made to create a safety net, including services or residences intended to facilitate transitions or diversions from institutions for mental disease, the Canyon Springs Community Facility, the secure treatment program at Porterville Developmental Center, carceral settings such as prisons or jails, or other restrictive settings. This evaluation shall include data on the number of consumers who transitioned from those facilities since 2019, and to which setting type or living option. (B) Identify areas the stakeholder community suggests evaluating and recommendations from the stakeholder community, which may include, but is not limited to, best practices for supporting individuals at risk of placement in restrictive settings, expanding or refining existing service or models of care, and developing new models of care for individuals whom private sector vendors cannot or will not serve. (C) Provide data on the number of adolescents and adults with complex needs, statewide and by regional center, the number of special incidents involving restraints, as described in subparagraph (B) of paragraph (1) of subdivision (b) of Section 54327 of Title 17 of the California Code of Regulations, and the number of admissions to institutions for mental diseases funded by regional centers and to the Canyon Springs Community Facility between January 1, 2020, and December 31, 2021. (D) The department’s strategic planning process, including how the department identifies service gaps, and how the department plans to address future needs in the community. (b) Commencing July 1, 2023, and until December 31, 2026, the department shall provide quarterly updates to the appropriate policy and fiscal committees of the Legislature on the steps foreseen, planned, and completed in the development of services under the department’s update to the Legislature pursuant to subdivision (a). (c) Commencing July 1, 2023, and until December 31, 2026, the department shall make quarterly updates to the plan available on its internet website. (d) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code. (e) For purposes of this section, “adolescents and adults with complex needs” has the same meaning as a “consumer with complex needs,” as defined in subparagraph (C) of paragraph (4) of subdivision (c) of Section 4640.6. (Amended by Stats. 2022, Ch. 49, Sec. 13. (SB 188) Effective June 30, 2022.)
  62. 4474.17.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4440 - 4474.8] ( Chapter 1 added by Stats. 1977, Ch. 1252. )

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    The Department of Developmental Services must provide specified information at quarterly briefings with legislative staff, starting with the first planned briefing after January 1, 2020.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4440 - 4474.8] ( Chapter 1 added by Stats. 1977, Ch. 1252. ) ## 4474.17. (a) The Legislature finds and declares all of the following: (1) The Supplemental Report of the 2014–15 Budget Package required the State Department of Developmental Services to provide quarterly briefings to update legislative staff about the closures of developmental centers. Chapter 18 of the Statutes of 2017 expanded the scope of these briefings to include information about the development of community-based crisis services following the developmental center closures. The quarterly briefings have evolved to provide detailed information about the development of the community-based safety net, including information about the physical homes and wrap-around and mobile crisis services intended to prevent, deescalate, and treat consumers in crisis. (2) The quarterly briefings have provided a valuable opportunity for the department and legislative staff to convene and discuss key issues during the developmental center closure process. They have kept legislative staff, and consequently Members of the Legislature, informed about the department’s progress, challenges, and strategies as it transitioned consumers from a developmental center or an institution into the community and developed a community-based safety net. (3) The imminent final closure of the developmental centers provides an opportunity to consider the ongoing purpose of the quarterly briefings. Once the final developmental center closures are complete, the quarterly briefings can provide an avenue for the department and legislative staff to maintain an important ongoing dialogue about key issues facing the developmental services system. The quarterly briefings will allow the department to keep legislative staff informed about its approach to, and progress in, handling various changes in policy and modes of service delivery. This will be especially important as the consumer population continues to grow and change and as the system continues to move toward consumer choice and community integration. The disposition of the developmental center properties may continue to be a point of inquiry until that subject comes to a conclusion. (4) An important feature of the current briefings has been the department’s willingness to adapt the content over time based on feedback from legislative staff. Mindful of the fact that preparing materials and presentations for these briefings requires department staff resources, the ongoing nature of the quarterly briefings should also remain flexible to both meet the needs of the Legislature and the department’s capacity to prepare for the briefings. Through the briefing discussions themselves, department leadership and legislative staff should come to an agreement about what data and information should be tracked and provided regularly at each briefing, based on what is feasible for the department to provide and considering the priorities of the Legislature. In addition, the department and legislative staff can regularly discuss the range of issues and level of detail that should be provided at briefings, recognizing that every issue cannot be covered at every briefing and that the relative importance of individual issues will shift over time. (5) As the quarterly briefings related to the developmental center closures wind down in the 2019–20 fiscal year, the department and legislative staff could use some of the time in those meetings to discuss and determine the content of the subsequent quarterly briefings. Appreciating that the priorities of the Legislature shift over time, and depending on the department’s capacity, the particular topics and level of detail provided in the briefings can be discussed and revisited on a regular basis, such as annually. (b) Commencing with the first planned quarterly briefing after January 1, 2020, the department shall provide information on topics at quarterly briefings with legislative staff of the appropriate policy and fiscal committees of the Legislature addressing some or all of the following, pursuant to the planning discussion described in paragraph (5) of subdivision (a): (1) Consumer health and safety, including safety net and crisis services. (2) The person-centered approach to planning, coordinating, delivering, and receiving services, including caseload ratio updates, compliance with home- and community-based services rules, competitive integrated employment, and housing supports. (3) Quality outcomes for consumers. (4) Efforts to identify and reduce disparities in regional center services. (5) Community development through community placement plans and community resource development plans, by regional center, and difficulties or issues in the provision of services or development of resources. (6) Implementation of any rate changes pending and being implemented. (7) Status, efforts, and outcomes related to the department headquarter’s reorganization structure. (8) Regional center accountability, transparency, and oversight efforts. (9) Status on the development of Group Homes for Children with Special Health Care Needs, including information on how the needs of regional center consumers are assessed when developing new homes. (10) Status on the implementation of the provisional eligibility requirement of paragraph (2) of subdivision (a) of Section 4512. (11) Information pursuant to the provisions of subdivision (d) of Section 7505. (12) Status on the development of a training curriculum for direct service professionals, pursuant to Section 4511.5. (13) Most recent data regarding average per capita purchase of service expenditures for all age groups, by ethnicity and other factors, in addition to any other data that will aid in the illustration of progress, toward the active closure of racial, ethnic, and other disparities. (14) On an annual basis, status of the department’s efforts to improve oversight of special incidents, as described in subdivision (b) of Section 54327 of Title 17 of the California Code of Regulations, and respond to special incident trends. This annual status update shall include a summary of the most recent annual report regarding special incidents involving individuals with developmental disabilities served by regional centers. (Amended by Stats. 2023, Ch. 44, Sec. 13. (AB 121) Effective July 10, 2023.)
  63. 4474.2.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4440 - 4474.8] ( Chapter 1 added by Stats. 1977, Ch. 1252. )

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    The department may operate facilities, provide employees or services, and contract with others if it decides this helps move developmental center residents to community living or avoid certain admissions. It must also prepare and submit a report on employee use in the community.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4440 - 4474.8] ( Chapter 1 added by Stats. 1977, Ch. 1252. ) ## 4474.2. (a) Notwithstanding any other law, the department may operate any facility, provide its employees to assist in the operation of any facility, or provide other necessary services and supports if, in the discretion of the department, it determines that the activity will assist in meeting the goal of successfully transitioning developmental center residents to community living or deflecting the admission of individuals with developmental disabilities to a developmental center, an institution for mental disease, an out-of-state placement, a general acute care hospital, or an acute psychiatric hospital. The department may contract with any entity for the use of the department’s employees to provide services and supports in furtherance of this goal. (b) The department shall prepare a report on the use of the department’s employees in providing services in the community pursuant to this section. The report shall include data on the number and classification of state employees working in the community program. The report shall include recommendations on whether the program should be continued or ways in which the program may be improved. Notwithstanding Section 10231.5 of the Government Code, the report shall be submitted with the Governor’s proposed budget for the 2015–16 fiscal year to the fiscal committees of both houses of the Legislature and annually thereafter. (Amended by Stats. 2014, Ch. 30, Sec. 11. (SB 856) Effective June 20, 2014.)
  64. 4474.3.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4440 - 4474.8] ( Chapter 1 added by Stats. 1977, Ch. 1252. )

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    Section 10411 of the Public Contract Code does not apply to certain developmental services providers covered by Section 4474.2.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4440 - 4474.8] ( Chapter 1 added by Stats. 1977, Ch. 1252. ) ## 4474.3. The provisions of Section 10411 of the Public Contract Code shall not apply to any person who provides developmental services and supports to individuals transitioning from a developmental center to community living or to individuals with developmental disabilities at risk of admission to a developmental center, an institution for mental disease, an out-of-state placement, a general acute care hospital, or an acute psychiatric hospital, pursuant to Section 4474.2. (Amended by Stats. 2014, Ch. 30, Sec. 12. (SB 856) Effective June 20, 2014.)
  65. 4474.4.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4440 - 4474.8] ( Chapter 1 added by Stats. 1977, Ch. 1252. )

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    The Secretary of California Health and Human Services must verify that specified departments and related providers have established service protocols, and must send written verification to certain legislative committees.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4440 - 4474.8] ( Chapter 1 added by Stats. 1977, Ch. 1252. ) ## 4474.4. Notwithstanding any other provision of law to the contrary, the Secretary of California Health and Human Services shall verify that the State Department of Developmental Services and the State Department of Health Care Services have established protocols in place between the departments, as well as with the regional centers and health care plans participating in the Medi-Cal program who will be providing services, including health, dental, and vision care, to people with developmental disabilities transitioning from Agnews Developmental Center and Lanterman Developmental Center. The Secretary of California Health and Human Services shall provide written verification of the establishment of these protocols to the Joint Legislative Budget Committee, as well as to the fiscal and policy committees of the Legislature that oversee health and human services programs. The purpose of the protocols is to ensure that a mutual goal of providing appropriate, high-quality care and services to children and adults who have developmental disabilities in order to optimize the health and welfare of each individual. Further, the purpose of the protocols is to ensure that all involved parties, including consumers and families, the state, regional centers, and providers, are clear as to their roles and responsibilities, and are appropriately accountable for optimizing the health and welfare of each individual. The protocols, at a minimum, shall address enrollment for services, all referral practices, including those to specialty care, authorization practices for services of all involved parties, coordination of case management services, education and training services to be provided, the management of medical records, and provider reimbursement methods. These protocols shall be provided to the consumers and their families, and be made available to the public upon request. (Amended by Stats. 2010, Ch. 717, Sec. 120. (SB 853) Effective October 19, 2010.)
  66. 4474.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4440 - 4474.8] ( Chapter 1 added by Stats. 1977, Ch. 1252. )

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    The State Department of Health Care Services must reimburse certain Medi-Cal managed care health plans for covered services, seek needed federal approval, and limit implementation to the extent federal financial participation is available.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4440 - 4474.8] ( Chapter 1 added by Stats. 1977, Ch. 1252. ) ## 4474.5. (a) In order to meet the unique medical health needs of consumers transitioning from Agnews Developmental Center into Alameda, San Mateo, and Santa Clara Counties pursuant to the Plan for the Closure of Agnews Developmental Center, and consumers transitioning from Lanterman Developmental Center into various health plans in central and southern California counties pursuant to the Plan for the Closure of Lanterman Developmental Center, whose individual program plans document the need for coordinated medical and specialty care that cannot be met using the traditional Medi-Cal fee-for-service system, services provided under the contract shall be provided by Medi-Cal managed care health plans that are currently operational in these counties. For consumers transitioning from Agnews Developmental Center, the Medi-Cal managed care health plan shall be a county organized health system or a local initiative if consumers, where applicable, choose to enroll. For consumers transitioning from Lanterman Developmental Center, the Medi-Cal managed care health plan shall be any plan operating in the various counties if consumers choose to enroll or, where applicable, are enrolled by mandate pursuant to Section 14182. Reimbursement shall be by the State Department of Health Care Services for all Medi-Cal services provided under the contract that are not reimbursed by the Medicare Program. (b) (1) Medi-Cal managed care health plans enrolling consumers transitioning from Agnews Developmental Center as referred to in subdivision (a) shall be further reimbursed for the reasonable cost of administrative services. (2) Notwithstanding subdivision (c), Medi-Cal managed care health plans enrolling consumers transitioning from Lanterman Developmental Center as referred to in subdivision (a) shall be paid a full-risk capitation payment. (3) “Administrative services” pursuant to this subdivision include, but are not limited to, coordination of care and case management not provided by a regional center, provider credentialing and contracting, quality oversight, assuring member access to covered services, consultation with Agnews Developmental Center staff, regional center staff, State Department of Developmental Services staff, contractors, and family members, and financial management of the program, including claims processing. “Reasonable cost” means the actual cost incurred by the Medi-Cal managed care health plan, including both direct and indirect costs incurred by the Medi-Cal managed care health plan, in the performance of administrative services, but shall not include any incurred costs found by the State Department of Health Care Services to be unnecessary for the efficient delivery of necessary health services. Payment for administrative services shall continue on a reasonable cost basis until sufficient cost experience exists to allow these costs to be part of an all-inclusive capitation rate covering both administrative services and direct patient care services. (c) Until the State Department of Health Care Services is able to determine by actuarial methods, prospective per capita rates of payment for services for those members who enroll in the Medi-Cal managed care health plans specified in subdivision (a), the State Department of Health Care Services shall reimburse the Medi-Cal managed care health plans for the net reasonable cost of direct patient care services and supplies set forth in the scope of services in the contract between the Medi-Cal managed care health plans and the State Department of Health Care Services and that are not reimbursed by the Medicare Program. “Net reasonable cost” means the actual cost incurred by the Medi-Cal managed care health plans, as measured by the Medi-Cal managed care health plan’s payments to providers of services and supplies, less payments made to the plans by third parties other than Medicare, and shall not include any incurred cost found to be unnecessary by the State Department of Health Care Services in the efficient delivery of necessary health services. Reimbursement shall be accomplished by the State Department of Health Care Services making estimated payments at reasonable intervals, with these estimates being reconciled to actual net reasonable cost at least semiannually. (d) The State Department of Health Care Services shall seek any approval necessary for implementation of this section from the federal government, for purposes of federal financial participation under Title XIX of the Social Security Act (42 U.S.C. Sec. 1396 et seq.). Notwithstanding any other provision of law, subdivisions (a) to (c), inclusive, shall be implemented only to the extent that federal financial participation is available pursuant to necessary federal approvals. (Amended by Stats. 2011, Ch. 3, Sec. 90. (AB 97) Effective March 24, 2011.)
  67. 4474.6.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4440 - 4474.8] ( Chapter 1 added by Stats. 1977, Ch. 1252. )

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    State agencies must coordinate Medi-Cal health care transitions for eligible consumers moving from developmental centers into the community.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4440 - 4474.8] ( Chapter 1 added by Stats. 1977, Ch. 1252. ) ## 4474.6. (a) The State Department of Developmental Services and the State Department of Health Care Services shall coordinate the transition of health care services for Medi-Cal eligible consumers who are transitioning from a developmental center into the community. (b) In order to meet the unique medical health needs of consumers who will be transitioning from a developmental center into the community, whose individual program plans document the need for coordinated medical and specialty care, and who are Medi-Cal eligible, the State Department of Health Care Services shall issue transition requirements including referral practices, service authorization practices, coordination of case management services, education and training services, and the management and sharing of medical records, to applicable Medi-Cal managed care health plans and monitor compliance. These transition requirements shall include, but are not limited to, processes for individuals assigned to a Medi-Cal managed care plan which promote coordination of care during and following the transition, identification of providers prior to a transition occurring, and the continuation of medically necessary covered services. These processes shall be described in a transition plan which will be shared with stakeholders prior to being finalized. The final transition plan shall be submitted to the Joint Legislative Budget Committee no later than December 31, 2016. (c) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the State Department of Health Care Services may implement, interpret, or make specific this section, in whole or in part, by means of all-county letters, plan letters, plan or provider bulletins, policy letters, or other similar instructions, without taking regulatory action. (d) The State Department of Health Care Services shall implement this section only to the extent that any necessary federal approvals are obtained and federal financial participation is available. (Added by Stats. 2016, Ch. 26, Sec. 6. (AB 1606) Effective June 27, 2016.)
  68. 4474.8.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4440 - 4474.8] ( Chapter 1 added by Stats. 1977, Ch. 1252. )

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    The State Department of Developmental Services must keep operating the Agnews Outpatient Clinic and the Lanterman Outpatient Clinic until it is no longer responsible for the property at the relevant developmental center.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Jurisdiction and General Government [4440 - 4474.8] ( Chapter 1 added by Stats. 1977, Ch. 1252. ) ## 4474.8. Notwithstanding any other provision of law to the contrary, the State Department of Developmental Services shall continue the operation of the Agnews Outpatient Clinic and the Lanterman Outpatient Clinic until such time as the State Department of Developmental Services is no longer responsible for the property at the respective developmental center, as applicable. (Amended by Stats. 2010, Ch. 717, Sec. 122. (SB 853) Effective October 19, 2010.)
  69. 4475.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 2. Boards of Trustees and Other Advisory Boards [4475 - 4478] ( Chapter 2 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    Each developmental center must have an eight-member advisory board, with members appointed by the Governor.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 2. Boards of Trustees and Other Advisory Boards [4475 - 4478] ( Chapter 2 added by Stats. 1977, Ch. 1252. ) ## 4475. (a) Each developmental center under the jurisdiction of the State Department of Developmental Services shall have a developmental center advisory board of eight members appointed by the Governor from a list of nominations submitted to him or her by the boards of supervisors of counties within each developmental center’s designated service area. If a state hospital and developmental center provides services for both persons with mental disorders and persons with developmental disabilities, there shall be a separate advisory board for the program provided the persons with mental disorders and a separate board for the program provided the persons with developmental disabilities. To the extent feasible, an advisory board serving a developmental center for persons with developmental disabilities shall consist of two relatives of persons with developmental disabilities who are residents in that developmental center, three representatives of professional disciplines who are not employees of the state developmental center system, but who are serving persons with developmental disabilities, two representatives of the general public who have demonstrated an interest in services to persons with developmental disabilities, and one current or former resident of a state developmental center. (b) Each appointment to the advisory board shall be for the term of three years, except that an appointment to fill a vacancy shall be for the unexpired term only. No person shall be appointed to serve more than a maximum of two terms as a member of the board. (Amended by Stats. 1994, Ch. 1095, Sec. 2. Effective September 29, 1994.)
  70. 4476.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 2. Boards of Trustees and Other Advisory Boards [4475 - 4478] ( Chapter 2 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    Some people cannot be appointed to a developmental center advisory board, and an appointee loses the office after missing three consecutive regular meetings unless ill or absent from the state.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 2. Boards of Trustees and Other Advisory Boards [4475 - 4478] ( Chapter 2 added by Stats. 1977, Ch. 1252. ) ## 4476. No person shall be eligible for appointment to a developmental center advisory board if he or she is a Member of the Legislature or an elective state officer, and if that person becomes a Member of the Legislature or an elective state officer after his or her appointment his or her office shall be vacated and a new appointment made. If any appointee fails to attend three consecutive regular meetings of the board, unless he or she is ill or absent from the state, his or her office becomes vacant, and the board, by resolution, shall so declare, and shall transmit a certified copy of that resolution to the Governor immediately. (Amended by Stats. 1994, Ch. 1095, Sec. 3. Effective September 29, 1994.)
  71. 4477.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 2. Boards of Trustees and Other Advisory Boards [4475 - 4478] ( Chapter 2 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    State developmental center advisory boards advise the department and Legislature, must meet regularly, elect a chairperson, and may file written reports.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 2. Boards of Trustees and Other Advisory Boards [4475 - 4478] ( Chapter 2 added by Stats. 1977, Ch. 1252. ) ## 4477. The advisory boards of the several state developmental centers are advisory to the State Department of Developmental Services and the Legislature with power of visitation and advice with respect to the conduct of the developmental centers and coordination with community mental health programs or regional programs for persons with developmental disabilities. The members of the boards shall serve without compensation other than necessary expenses incurred in the performance of duty. They shall organize and elect a chairperson. They shall meet at least once every three months and at any other times they are called by the chairperson, by the medical director, by the head of the department, or by a majority of the board. No expenses shall be allowed except in connection with meetings so held. The advisory board or boards of each developmental center or state hospital and developmental center may make a written report on its activities. (Amended by Stats. 1994, Ch. 1095, Sec. 4. Effective September 29, 1994.)
  72. 4478.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 2. Boards of Trustees and Other Advisory Boards [4475 - 4478] ( Chapter 2 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The chairperson of an advisory board for a developmental center must meet annually with specified officials, and chairpersons may be reimbursed for necessary expenses for attending those meetings.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 2. Boards of Trustees and Other Advisory Boards [4475 - 4478] ( Chapter 2 added by Stats. 1977, Ch. 1252. ) ## 4478. (a) The chairperson of an advisory board advising a developmental center shall meet annually with the developmental center director, the regional center directors, and a representative of the State Council on Developmental Disabilities. (b) The chairpersons shall be allowed necessary expenses incurred in attending these meetings. (c) It is the intent of the Legislature that the department assist the development of annual regional meetings required by this section. (Amended by Stats. 2014, Ch. 409, Sec. 4. (AB 1595) Effective January 1, 2015.)
  73. 4480.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. Officers and Employees [4480 - 4499] ( Chapter 3 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    This section defines “officers” for this article to mean a state hospital’s clinical director, hospital administrator, and hospital director.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. Officers and Employees [4480 - 4499] ( Chapter 3 added by Stats. 1977, Ch. 1252. ) ## 4480. As used in this article, “officers” of a state hospital means: (a) Clinical director. (b) Hospital administrator. (c) Hospital director. (Added by Stats. 1977, Ch. 1252.)
  74. 4481.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. Officers and Employees [4480 - 4499] ( Chapter 3 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The Director of Developmental Services must make several hospital staffing appointments and define duties for certain positions.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. Officers and Employees [4480 - 4499] ( Chapter 3 added by Stats. 1977, Ch. 1252. ) ## 4481. (a) The Director of Developmental Services shall appoint and define the duties, subject to the laws governing civil service, of the clinical director and the hospital administrator for each state hospital. The director shall appoint either the clinical director or the hospital administrator to be the hospital director. (b) The director shall appoint a medical director for each state hospital where neither the hospital director nor the clinical director is a licensed physician. The medical director shall be a physician licensed to practice medicine in California and shall be responsible for standards, coordination, surveillance, and planning for improvement of medical care in the facility. The director shall accomplish the requirements of this subdivision by a reclassification and redirection of non-level-of-care administrative positions in existence on December 31, 1983. (c) The director shall appoint a program director for each program at a state hospital. In each hospital for the developmentally disabled, the director may appoint a medical program director. (Amended by Stats. 1984, Ch. 1262, Sec. 1.)
  75. 4482.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. Officers and Employees [4480 - 4499] ( Chapter 3 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The Director of the State Department of Developmental Services has final authority over other employee needs and may establish positions, with required concurrence from specified agencies.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. Officers and Employees [4480 - 4499] ( Chapter 3 added by Stats. 1977, Ch. 1252. ) ## 4482. The Director of the State Department of Developmental Services shall have the final authority for determining all other employee needs after consideration of program requests from the various hospitals, and with the concurrence of the Health and Welfare Agency, the State Personnel Board, the Department of Finance and the Department of General Services, as appropriate, may establish positions to assist with the planning, development, direction, management, supervision, and evaluation of patient, administrative and support services in the hospital facility. (Amended by Stats. 1980, Ch. 1191, Sec. 7. Effective September 29, 1980.)
  76. 4483.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. Officers and Employees [4480 - 4499] ( Chapter 3 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    Salaries and wages for resident and other officers and employees must be included in state hospital budget estimates and paid the same way as other state hospital expenses.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. Officers and Employees [4480 - 4499] ( Chapter 3 added by Stats. 1977, Ch. 1252. ) ## 4483. Salaries of resident and other officers and wages of employees shall be included in the budget estimates of, and paid in the same manner as other expenses of, the state hospitals. (Added by Stats. 1977, Ch. 1252.)
  77. 4484.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. Officers and Employees [4480 - 4499] ( Chapter 3 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    A state hospital’s main purpose is medical and nursing care for developmentally disabled patients, and its officers and employees must direct their work toward that purpose.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. Officers and Employees [4480 - 4499] ( Chapter 3 added by Stats. 1977, Ch. 1252. ) ## 4484. The primary purpose of a state hospital is the medical and nursing care of patients who are developmentally disabled. The efforts and direction of the officers and employees of each state hospital shall be directed to this end. (Added by Stats. 1977, Ch. 1252.)
  78. 4485.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. Officers and Employees [4480 - 4499] ( Chapter 3 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The clinical director of each state hospital is responsible for managing and overseeing patient services, research supervision, and clinical training, subject to department rules and possible supervision by the hospital director.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. Officers and Employees [4480 - 4499] ( Chapter 3 added by Stats. 1977, Ch. 1252. ) ## 4485. Subject to the rules and regulations established by the department, and under the supervision of the hospital director when the hospital director is the hospital administrator, the clinical director of each state hospital shall be responsible for the planning, development, direction, management, supervision, and evaluation of all patient services, and of the supervision of research and clinical training. (Amended by Stats. 1984, Ch. 1262, Sec. 2.)
  79. 4486.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. Officers and Employees [4480 - 4499] ( Chapter 3 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The hospital administrator is responsible for managing and supervising administrative and supportive services in the hospital facility, subject to department rules and, in some cases, the hospital director’s supervision.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. Officers and Employees [4480 - 4499] ( Chapter 3 added by Stats. 1977, Ch. 1252. ) ## 4486. Subject to the rules and regulations established by the department, under the supervision of the hospital director when the hospital director is the clinical director, the hospital administrator shall be responsible for the planning, development, direction, management and supervision of all administrative and supportive services in the hospital facility. Such services include, but are not limited to: (a) All administrative functions such as personnel, accounting, budgeting, and patients’ accounts. (b) All life-support functions such as food services, facility maintenance and patient supplies. (c) All other business and security functions. It shall be the responsibility of the hospital administrator to provide support services, as specified in this section, within available resources, to all hospital treatment programs. (Added by Stats. 1977, Ch. 1252.)
  80. 4487.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. Officers and Employees [4480 - 4499] ( Chapter 3 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The hospital director serves as the hospital’s chief executive officer and is responsible for all hospital operations.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. Officers and Employees [4480 - 4499] ( Chapter 3 added by Stats. 1977, Ch. 1252. ) ## 4487. The hospital director is the chief executive officer of the hospital and is responsible for all hospital operations. If the hospital director is the clinical director, then the hospital administrator is responsible to him; if the hospital director is the hospital administrator, then the clinical director is responsible to him. (Added by Stats. 1977, Ch. 1252.)
  81. 4488.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. Officers and Employees [4480 - 4499] ( Chapter 3 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    When a vacancy occurs, the Director of Developmental Services must appoint specified hospital and program officers, and may not adopt regulations that block certain licensed professionals from employment in patient programs.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. Officers and Employees [4480 - 4499] ( Chapter 3 added by Stats. 1977, Ch. 1252. ) ## 4488. As often as a vacancy occurs in a hospital under the jurisdiction of the Director of Developmental Services, he shall appoint, as provided in Section 4481, a clinical director, a hospital administrator, a hospital director, a medical program director, and program directors. A hospital administrator shall be a college graduate preferably with an advanced degree in hospital, business or public administration and shall have had experience in this area. He shall receive a salary which is competitive with other private and public mental hospital administrators. A clinical director for a state hospital for the developmentally disabled shall be a person who is a physician, psychologist, registered nurse, clinical social worker, physical therapist or psychiatric technician, and licensed as such pursuant to the Business and Professions Code, or a person who is a rehabilitation therapist, or a person who possesses a valid and unrevoked teaching credential which authorizes specialist instruction in special education in grades kindergarten through 12 or in the community college, or a person who has had at least five years of experience teaching the developmentally disabled. The clinical director for any state hospital shall be well qualified by training or experience to have proven skills in mental hospital program administration. The hospital director shall be either the hospital administrator or the clinical director. He shall be selected based on his overall knowledge of the hospital, its programs, and its relationship to its community, and on his demonstrated abilities to administer a large facility. The standards for the professional qualifications of a program director shall be established by the Director of Developmental Services for each patient program. The director shall not adopt any regulations which prohibit a licensed psychiatrist, psychologist, psychiatric technician, or clinical social worker from employment in a patient program in any professional, administrative, or technical position; provided, however, that the program director of a medical-surgical unit shall be a licensed physician. If the program director is not a physician, a physician shall be available to assume responsibility for all those acts of diagnosis, treatment, or prescribing or ordering of drugs which may only be performed by a licensed physician. A medical program director for a state hospital for the developmentally disabled shall be a physician who has passed, or shall pass, an examination for a license to practice medicine in California and who shall be a qualified specialist in a branch of medicine which includes diseases affecting the brain and nervous system, and the care, treatment, and habilitation of the developmentally disabled. (Amended by Stats. 1978, Ch. 100.)
  82. 4489.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. Officers and Employees [4480 - 4499] ( Chapter 3 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The hospital director is responsible for overall hospital management.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. Officers and Employees [4480 - 4499] ( Chapter 3 added by Stats. 1977, Ch. 1252. ) ## 4489. The hospital director is responsible for the overall management of the hospital. In his absence one of the other hospital officers or in the absence of both officers a program director shall be designated to perform his duties and assume his responsibilities. (Added by Stats. 1977, Ch. 1252.)
  83. 4491.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. Officers and Employees [4480 - 4499] ( Chapter 3 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The hospital administrator must preserve peace in the hospital buildings and grounds and may arrest, or cause the arrest of, people who commit or try to commit a public offense there.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. Officers and Employees [4480 - 4499] ( Chapter 3 added by Stats. 1977, Ch. 1252. ) ## 4491. The hospital administrator shall be responsible for preserving the peace in the hospital buildings and grounds and may arrest or cause the arrest and appearance before the nearest magistrate for examination, of all persons who attempt to commit or have committed a public offense thereon. (Added by Stats. 1977, Ch. 1252.)
  84. 4492.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. Officers and Employees [4480 - 4499] ( Chapter 3 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The hospital director may make rules for patient care, research, clinical training, and hospital grounds, as long as they are consistent with law and departmental regulations.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. Officers and Employees [4480 - 4499] ( Chapter 3 added by Stats. 1977, Ch. 1252. ) ## 4492. The hospital director may establish rules and regulations not inconsistent with law or departmental regulations, concerning the care and treatment of patients, research, clinical training, and for the government of the hospital buildings and grounds. Any person who knowingly or willfully violates such rules and regulations may, upon the order of either of the hospital officers, be ejected from the buildings and premises of the hospital. (Added by Stats. 1977, Ch. 1252.)
  85. 4493.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. Officers and Employees [4480 - 4499] ( Chapter 3 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    A hospital administrator may appoint certain hospital employees as police officers, and those officers gain the legal powers of specified peace officers.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. Officers and Employees [4480 - 4499] ( Chapter 3 added by Stats. 1977, Ch. 1252. ) ## 4493. The hospital administrator of each state hospital may designate, in writing, as a police officer, one or more of the bona fide employees of the hospital. The hospital administrator and each such police officer have the powers and authority conferred by law upon peace officers listed in Section 830.38 of the Penal Code. Such police officers shall receive no compensation as such and the additional duties arising therefrom shall become a part of the duties of their regular positions. When and as directed by the hospital administrator, such police officers shall enforce the rules and regulations of the hospital, preserve peace and order on the premises thereof, and protect and preserve the property of the state. (Amended by Stats. 1989, Ch. 1165, Sec. 50.)
  86. 4494.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. Officers and Employees [4480 - 4499] ( Chapter 3 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The Director of Developmental Services may reserve and rent space at certain institutions for stores or canteens, but only under stated conditions.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. Officers and Employees [4480 - 4499] ( Chapter 3 added by Stats. 1977, Ch. 1252. ) ## 4494. The Director of Developmental Services may set aside and designate any space on the grounds of any of the institutions under the jurisdiction of the department that is not needed for other authorized purposes, to enable such institution to establish and maintain therein a store or canteen for the sale to or for the benefit of patients of the institution of candies, cigarettes, sundries and other articles. The stores shall be conducted subject to the rules and regulations of the department and the rental, utility and service charges shall be fixed as will reimburse the institutions for the cost thereof. The stores when conducted under the direction of a hospital administrator shall be operated on a nonprofit basis but any profits derived shall be deposited in the benefit fund of each such institution as set forth in Section 4465. Before any store is authorized or established, the Director of Developmental Services shall first determine that such facilities are not being furnished adequately by private enterprise in the community where it is proposed to locate the store, and may hold public hearings or cause surveys to be made, to determine the same. The Director of Developmental Services may rent such space to private individuals, for the maintenance of a store or canteen at any of the said institutions upon such terms and subject to such regulations as are approved by the Department of General Services, in accordance with the provisions of Section 13109 of the Government Code. The terms imposed shall provide that the rental, utility and service charges to be paid shall be fixed so as to reimburse the institution for the cost thereof and any additional charges required to be paid shall be deposited in the benefit fund of such institution as set forth in Section 4465. (Added by Stats. 1977, Ch. 1252.)
  87. 4495.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. Officers and Employees [4480 - 4499] ( Chapter 3 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The word “superintendent” generally means clinical director, but in six listed sections it means hospital administrator.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. Officers and Employees [4480 - 4499] ( Chapter 3 added by Stats. 1977, Ch. 1252. ) ## 4495. Wherever the term “superintendent” appears, the term shall be deemed to mean clinical director, except in Sections 4450, 4466, 4467, 4469, 7281, and 7289, where the term shall be deemed to mean hospital administrator. (Amended by Stats. 1984, Ch. 1262, Sec. 3.)
  88. 4496.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. Officers and Employees [4480 - 4499] ( Chapter 3 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    A hospital director may establish a sheltered workshop at a state hospital, subject to department rules and regulations.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. Officers and Employees [4480 - 4499] ( Chapter 3 added by Stats. 1977, Ch. 1252. ) ## 4496. Subject to rules and regulations adopted by the department, the hospital director may establish a sheltered workshop at a state hospital to provide patients with remunerative work performed in a setting which simulates that of industry and is performed in such a manner as to meet standards of industrial quality. The workshop shall be so operated as to provide the treatment staff with a realistic atmosphere for assessing patients’ capabilities in work settings, and to provide opportunities to strengthen and expand patient interests and aptitudes. (Added by Stats. 1977, Ch. 1252.)
  89. 4497.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. Officers and Employees [4480 - 4499] ( Chapter 3 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    A sheltered workshop fund must be maintained and managed by the clinical director at each state hospital with a sheltered workshop.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. Officers and Employees [4480 - 4499] ( Chapter 3 added by Stats. 1977, Ch. 1252. ) ## 4497. At each state hospital at which there is established a sheltered workshop, there shall be a sheltered workshop fund administered by the clinical director. The fund shall be used for the purchase of materials, for the purchase or rental of equipment needed in the manufacturing, fabricating, or assembly of products, for the payment of remuneration to patients engaged in work at the workshop, and for the payment of such other costs of the operation of the workshop as may be directed by the medical director. The clinical director may cause the raw materials, goods in process, finished products, and equipment necessary for the production thereof to be insured against any and all risks of loss, subject to the approval of the Department of General Services. The costs of such insurance shall be paid from the sheltered workshop fund. All money received from the manufacture, fabrication, assembly, or distribution of products at any state hospital sheltered workshop shall be deposited and credited to the hospital’s sheltered workshop fund. (Added by Stats. 1977, Ch. 1252.)
  90. 4498.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. Officers and Employees [4480 - 4499] ( Chapter 3 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The State Department of Developmental Services must provide adequate in-service training for state hospital treatment personnel to maintain continuous competency.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. Officers and Employees [4480 - 4499] ( Chapter 3 added by Stats. 1977, Ch. 1252. ) ## 4498. To assure a continuous level of competency for all state hospital treatment personnel under the jurisdiction of the State Department of Developmental Services, the department shall provide adequate in-service training programs for such state hospital treatment personnel. (Repealed and added by Stats. 1978, Ch. 429.)
  91. 4499.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. Officers and Employees [4480 - 4499] ( Chapter 3 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The State Department of Developmental Services must set up a training course for psychiatric technicians in certain state hospitals, and unlicensed trainees may not do licensed technician duties unless they are under an approved supervision plan.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.1. DEVELOPMENTAL SERVICES [4400 - 4499] ( Division 4.1 added by Stats. 1977, Ch. 1252. ) ## PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED [4440 - 4499] ( Part 2 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. Officers and Employees [4480 - 4499] ( Chapter 3 added by Stats. 1977, Ch. 1252. ) ## 4499. To assure an adequate supply of licensed psychiatric technicians for state hospitals for the developmentally disabled, the State Department of Developmental Services, to the extent necessary, shall establish in state hospitals for the developmentally disabled a course of study and training equivalent, as determined by the Board of Vocational Nurse and Psychiatric Technician Examiners, to the minimum requirements of an accredited program for psychiatric technicians in the state. No unlicensed psychiatric technician trainee shall be permitted to perform the duties of a licensed psychiatric technician as provided by Section 4502 of the Business and Professions Code unless such trainee performs such duties pursuant to a plan of supervision approved by the Board of Vocational Nurse and Psychiatric Technician Examiners as part of the equivalency trainee program. This section shall not be construed to reduce the effort presently expended by the community college system or private colleges in training psychiatric technicians. (Added by Stats. 1978, Ch. 429.)
  92. 450.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 13.5. Foster Care of Children [396 - 452] ( Article 13.5 added by Stats. 1980, Ch. 1229, Sec. 4. )

    Verify source ↗

    This section defines when a minor or nonminor is within the juvenile court’s transition jurisdiction and labels affected youth as transition dependents or nonminor dependents.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 13.5. Foster Care of Children [396 - 452] ( Article 13.5 added by Stats. 1980, Ch. 1229, Sec. 4. ) ## 450. (a) A minor or nonminor who satisfies all of the following criteria is within the transition jurisdiction of the juvenile court: (1) (A) The minor is a ward who is older than 17 years and 5 months of age and younger than 18 years of age and in foster care placement, or the nonminor is a ward in foster care placement who was a ward subject to an order for foster care placement on the day the nonminor attained 18 years of age and has not attained 21 years of age. (B) The minor or nonminor met or would meet the criteria in subparagraph (A), but for the fact that the underlying adjudication was vacated pursuant to Section 236.14 of the Penal Code or dismissed pursuant to Section 782 of this code, and the minor or nonminor has not attained 21 years of age. (2) The ward meets any of the following conditions: (A) The ward was removed from the physical custody of the ward’s parents or legal guardian, adjudged to be a ward of the juvenile court under Section 725, and ordered into foster care placement as a ward. (B) The ward was removed from the custody of the ward’s parents or legal guardian as a dependent of the court with an order for foster care placement as a dependent in effect at the time the court adjudged them to be a ward of the juvenile court under Section 725. (C) The minor or nonminor met or would meet the conditions described in subparagraph (A) or (B), but for the fact that the underlying adjudication was vacated pursuant to Section 236.14 of the Penal Code or dismissed pursuant to Section 782 of this code, and the minor or nonminor has not attained 21 years of age. (3) The rehabilitative goals of the minor or nonminor, as set forth in the case plan, have been met, and juvenile court jurisdiction over the minor or nonminor as a ward is no longer required, or the underlying adjudication was vacated pursuant to Section 236.14 of the Penal Code or dismissed pursuant to Section 782 of this code. (4) (A) If the ward is a minor, reunification services have been terminated; the matter has not been set for a hearing for termination of parental rights pursuant to Section 727.3 or for the establishment of guardianship pursuant to Section 728; the return of the child to the physical custody of the parents or legal guardian would create a substantial risk of detriment to the child’s safety, protection, or physical or emotional well-being; and the minor has indicated an intent to sign a mutual agreement, as described in subdivision (u) of Section 11400, with the responsible agency for placement in a supervised setting as a nonminor dependent. (B) If the ward is a nonminor, the ward has signed a mutual agreement, as described in subdivision (u) of Section 11400, with the responsible agency for placement in a supervised setting as a nonminor dependent or has signed a voluntary reentry agreement, as described in subdivision (z) of Section 11400, for placement in a supervised setting as a nonminor dependent. A youth homelessness prevention center licensed by the State Department of Social Services pursuant to Section 1502.35 of the Health and Safety Code shall not be a placement option pursuant to this section. (b) A minor who is subject to the court’s transition jurisdiction shall be referred to as a transition dependent. (c) A youth subject to the court’s transition jurisdiction who is 18 years of age or older shall be referred to as a nonminor dependent. (Amended by Stats. 2024, Ch. 782, Sec. 4. (SB 1161) Effective January 1, 2025.)
  93. 4500.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Title and Intent [4500 - 4501.5] ( Heading of Chapter 1 amended by Stats. 2014, Ch. 178, Sec. 1. )

    Verify source ↗

    This division is named the Lanterman Developmental Disabilities Services Act and may be cited by that name.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Title and Intent [4500 - 4501.5] ( Heading of Chapter 1 amended by Stats. 2014, Ch. 178, Sec. 1. ) ## 4500. This division shall be known and may be cited as the Lanterman Developmental Disabilities Services Act. (Added by Stats. 1977, Ch. 1252.)
  94. 4500.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Title and Intent [4500 - 4501.5] ( Heading of Chapter 1 amended by Stats. 2014, Ch. 178, Sec. 1. )

    Verify source ↗

    This section says people with developmental disabilities have a right to receive services under this division, and states the Legislature’s intent to update the law and have the department monitor regional centers.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Title and Intent [4500 - 4501.5] ( Heading of Chapter 1 amended by Stats. 2014, Ch. 178, Sec. 1. ) ## 4500.5. The Legislature makes the following findings regarding the State of California’s responsibility to provide services to persons with developmental disabilities, and the right of those individuals to receive services, pursuant to this division: (a) Since the enactment of this division in 1977, the number of consumers receiving services under this division has substantially increased and the nature, variety, and types of services necessary to meet the needs of the consumers and their families have also changed. Over the years the concept of service delivery has undergone numerous revisions. Services that were once deemed desirable by consumers and families may now no longer be appropriate, or the means of service delivery may be outdated. (b) As a result of the increased demands for services and changes in the methods in which those services are provided to consumers and their families, the value statements and principles contained in this division should be updated. (c) It is the intent of the Legislature, in enacting the act that added this section, to update existing law; clarify the role of consumers and their families in determining service needs; and to describe more fully service options available to consumers and their families, pursuant to the individual program plan. Nothing in these provisions shall be construed to expand the existing entitlement to services for persons with developmental disabilities set forth in this division. (d) It is the intent of the Legislature that the department monitor regional centers so that an individual consumer eligible for services and supports under this division receive the services and supports identified in his or her individual program plan. (Amended by Stats. 1997, Ch. 414, Sec. 4. Effective September 22, 1997.)
  95. 4501.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Title and Intent [4500 - 4501.5] ( Heading of Chapter 1 amended by Stats. 2014, Ch. 178, Sec. 1. )

    Verify source ↗

    The section states California’s intent to support people with developmental disabilities, require service agencies to show their services help consumers and families, and have the Department of Developmental Services monitor regional centers.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Title and Intent [4500 - 4501.5] ( Heading of Chapter 1 amended by Stats. 2014, Ch. 178, Sec. 1. ) ## 4501. The State of California accepts a responsibility for persons with developmental disabilities and an obligation to them which it must discharge. Affecting hundreds of thousands of children and adults directly, and having an important impact on the lives of their families, neighbors, and whole communities, developmental disabilities present social, medical, economic, and legal problems of extreme importance. The complexities of providing services and supports to persons with developmental disabilities requires the coordination of services of many state departments and community agencies to ensure that no gaps occur in communication or provision of services and supports. A consumer of services and supports, and where appropriate, his or her parents, legal guardian, or conservator, shall have a leadership role in service design. An array of services and supports should be established which is sufficiently complete to meet the needs and choices of each person with developmental disabilities, regardless of age or degree of disability, and at each stage of life and to support their integration into the mainstream life of the community. To the maximum extent feasible, services and supports should be available throughout the state to prevent the dislocation of persons with developmental disabilities from their home communities. Services and supports should be available to enable persons with developmental disabilities to approximate the pattern of everyday living available to people without disabilities of the same age. Consumers of services and supports, and where appropriate, their parents, legal guardian, or conservator, should be empowered to make choices in all life areas. These include promoting opportunities for individuals with developmental disabilities to be integrated into the mainstream of life in their home communities, including supported living and other appropriate community living arrangements. In providing these services, consumers and their families, when appropriate, should participate in decisions affecting their own lives, including, but not limited to, where and with whom they live, their relationships with people in their community, the way in which they spend their time, including education, employment, and leisure, the pursuit of their own personal future, and program planning and implementation. The contributions made by parents and family members in support of their children and relatives with developmental disabilities are important and those relationships should also be respected and fostered, to the maximum extent feasible, so that consumers and their families can build circles of support within the community. The Legislature finds that the mere existence or the delivery of services and supports is, in itself, insufficient evidence of program effectiveness. It is the intent of the Legislature that agencies serving persons with developmental disabilities shall produce evidence that their services have resulted in consumer or family empowerment and in more independent, productive, and normal lives for the persons served. It is further the intent of the Legislature that the Department of Developmental Services, through appropriate and regular monitoring activities, ensure that regional centers meet their statutory, regulatory, and contractual obligations in providing services to persons with developmental disabilities. The Legislature declares its intent to monitor program results through continued legislative oversight and review of requests for appropriations to support developmental disabilities programs. (Amended by Stats. 1997, Ch. 414, Sec. 5. Effective September 22, 1997.)
  96. 4501.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Title and Intent [4500 - 4501.5] ( Heading of Chapter 1 amended by Stats. 2014, Ch. 178, Sec. 1. )

    Verify source ↗

    In counties with State Department of Developmental Services hospitals, state hospitals must ensure eligible individuals with exceptional needs who live in state hospitals receive appropriate special education and related services.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. Title and Intent [4500 - 4501.5] ( Heading of Chapter 1 amended by Stats. 2014, Ch. 178, Sec. 1. ) ## 4501.5. In counties where State Department of Developmental Services hospitals are located, the state hospitals shall ensure that appropriate special education and related services, pursuant to Chapter 8 (commencing with Section 56850) of Part 30 of the Education Code, are provided eligible individuals with exceptional needs residing in state hospitals. (Added by Stats. 1980, Ch. 1191, Sec. 8. Effective September 29, 1980.)
  97. 4502.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1.3. Persons With Developmental Disabilities Bill of Rights [4502 - 4505] ( Chapter 1.3 heading added by Stats. 2014, Ch. 178, Sec. 2. )

    Verify source ↗

    People with developmental disabilities keep the same legal rights as others and are protected from discrimination in publicly funded programs; they also have listed rights to services, care, safety, choice, and prompt investigation of abuse.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1.3. Persons With Developmental Disabilities Bill of Rights [4502 - 4505] ( Chapter 1.3 heading added by Stats. 2014, Ch. 178, Sec. 2. ) ## 4502. (a) Persons with developmental disabilities have the same legal rights and responsibilities guaranteed all other individuals by the United States Constitution and laws and the Constitution and laws of the State of California. An otherwise qualified person by reason of having a developmental disability shall not be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity that receives public funds. (b) It is the intent of the Legislature that persons with developmental disabilities shall have rights including, but not limited to, the following: (1) A right to treatment and habilitation services and supports in the least restrictive environment. Treatment and habilitation services and supports should foster the developmental potential of the person and be directed toward the achievement of the most independent, productive, and normal lives possible. Such services shall protect the personal liberty of the individual and shall be provided with the least restrictive conditions necessary to achieve the purposes of the treatment, services, or supports. (2) A right to dignity, privacy, and humane care. To the maximum extent possible, treatment, services, and supports shall be provided in natural community settings. (3) A right to participate in an appropriate program of publicly supported education, regardless of degree of disability. (4) A right to prompt medical care and treatment. (5) A right to religious freedom and practice. (6) A right to social interaction and participation in community activities. (7) A right to physical exercise and recreational opportunities. (8) A right to be free from harm, including unnecessary physical restraint, or isolation, excessive medication, abuse, or neglect. (9) A right to be free from hazardous procedures. (10) A right to make choices in their own lives, including, but not limited to, where and with whom they live, their relationships with people in their community, the way they spend their time, including education, employment, and leisure, the pursuit of their personal future, and program planning and implementation. (11) A right to a prompt investigation of any alleged abuse against them. (Amended by Stats. 2014, Ch. 178, Sec. 3. (AB 1687) Effective January 1, 2015.)
  98. 4502.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1.3. Persons With Developmental Disabilities Bill of Rights [4502 - 4505] ( Chapter 1.3 heading added by Stats. 2014, Ch. 178, Sec. 2. )

    Verify source ↗

    Agencies receiving state funds to serve people with developmental disabilities must respect consumer choices and provide decision-making support and understandable information.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1.3. Persons With Developmental Disabilities Bill of Rights [4502 - 4505] ( Chapter 1.3 heading added by Stats. 2014, Ch. 178, Sec. 2. ) ## 4502.1. (a) The right of individuals with developmental disabilities to make choices in their own lives requires that all public or private agencies receiving state funds for the purpose of serving persons with developmental disabilities, including, but not limited to, regional centers, shall respect the choices made by a consumer or, if appropriate, the consumer’s parents, legal guardian, conservator, or authorized representative. Those public or private agencies shall provide consumers with opportunities to exercise decisionmaking skills in any aspect of day-to-day living and shall provide consumers with relevant information in an understandable form to aid the consumer in making his or her choice. (b) A regional center shall provide information in a manner that is culturally and linguistically appropriate for the consumer, or, when appropriate, the consumer’s parents, legal guardian, conservator, or authorized representative, including providing alternative communication services, as required by Article 9.5 (commencing with Section 11135) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code and the regulations implementing that article. (Amended by Stats. 2017, Ch. 474, Sec. 1. (AB 959) Effective January 1, 2018.)
  99. 4503.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1.3. Persons With Developmental Disabilities Bill of Rights [4502 - 4505] ( Chapter 1.3 heading added by Stats. 2014, Ch. 178, Sec. 2. )

    Verify source ↗

    People with developmental disabilities admitted or committed to certain facilities have listed rights, and facilities must post and otherwise communicate those rights.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1.3. Persons With Developmental Disabilities Bill of Rights [4502 - 4505] ( Chapter 1.3 heading added by Stats. 2014, Ch. 178, Sec. 2. ) ## 4503. Each person with developmental disabilities who has been admitted or committed to a state hospital, community care facility as defined in Section 1502 of the Health and Safety Code, or a health facility as defined in Section 1250 of the Health and Safety Code shall have the following rights, a list of which shall be prominently posted in English, Spanish, and other appropriate languages, in all facilities providing those services and otherwise brought to his or her attention by any additional means as the Director of Developmental Services may designate by regulation: (a) To wear his or her own clothes, to keep and use his or her own personal possessions including his or her toilet articles, and to keep and be allowed to spend a reasonable sum of his or her own money for canteen expenses and small purchases. (b) To have access to individual storage space for his or her private use. (c) To see visitors each day. (d) To have reasonable access to telephones, both to make and receive confidential calls. (e) To have ready access to letterwriting materials, including stamps, and to mail and receive unopened correspondence. (f) To refuse electroconvulsive therapy. (g) To refuse behavior modification techniques which cause pain or trauma. (h) To refuse psychosurgery notwithstanding the provisions of Sections 5325, 5326, and 5326.3. Psychosurgery means those operations currently referred to as lobotomy, psychiatric surgery, and behavioral surgery and all other forms of brain surgery if the surgery is performed for any of the following purposes: (1) Modification or control of thoughts, feelings, actions, or behavior rather than the treatment of a known and diagnosed physical disease of the brain. (2) Modification of normal brain function or normal brain tissue in order to control thoughts, feelings, action, or behavior. (3) Treatment of abnormal brain function or abnormal brain tissue in order to modify thoughts, feelings, actions, or behavior when the abnormality is not an established cause for those thoughts, feelings, actions, or behavior. (i) To make choices in areas including, but not limited to, his or her daily living routines, choice of companions, leisure and social activities, and program planning and implementation. (j) Other rights, as specified by regulation. (Amended by Stats. 2003, Ch. 62, Sec. 324. Effective January 1, 2004.)
  100. 4504.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1.3. Persons With Developmental Disabilities Bill of Rights [4502 - 4505] ( Chapter 1.3 heading added by Stats. 2014, Ch. 178, Sec. 2. )

    Verify source ↗

    Facility staff may deny certain listed rights only for good cause, and every denial must be recorded and reported to the Director of Developmental Services quarterly.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1.3. Persons With Developmental Disabilities Bill of Rights [4502 - 4505] ( Chapter 1.3 heading added by Stats. 2014, Ch. 178, Sec. 2. ) ## 4504. The professional person in charge of the facility or his designee may, for good cause, deny a person any of the rights specified under subdivisions (a), (b), (c), (d), and (e) of Section 4503. To ensure that these rights are denied only for good cause, the Director of Developmental Services shall adopt regulations specifying the conditions under which they may be denied. Denial of a person’s rights shall in all cases be entered into the person’s treatment record and shall be reported to the Director of Developmental Services on a quarterly basis. The content of these records shall enable the Director of Developmental Services to identify individual treatment records, if necessary, for future analysis and investigation. These reports shall be available, upon request, to Members of the Legislature. Information pertaining to denial of rights contained in the person’s treatment record shall be made available, on request, to the person, his attorney, his parents, his conservator or guardian, the State Department of Developmental Services, and Members of the Legislature. (Added by Stats. 1977, Ch. 1252.)
  101. 4505.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1.3. Persons With Developmental Disabilities Bill of Rights [4502 - 4505] ( Chapter 1.3 heading added by Stats. 2014, Ch. 178, Sec. 2. )

    Verify source ↗

    A minor age 15 or older, or the minor’s parent or custodian, may refuse certain treatment; if they do not refuse, the treatment may be given only after peer review approval, and the Director of Developmental Services must adopt procedures for that review.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1.3. Persons With Developmental Disabilities Bill of Rights [4502 - 4505] ( Chapter 1.3 heading added by Stats. 2014, Ch. 178, Sec. 2. ) ## 4505. For the purposes of subdivisions (f) and (g) of Section 4503, if the patient is a minor age 15 years or over, the right to refuse may be exercised either by the minor or his parent, guardian, conservator, or other person entitled to his custody. If the patient or his parent, guardian, conservator, or other person responsible for his custody do not refuse the forms of treatment or behavior modification described in subdivisions (f) and (g) of Section 4503, such treatment and behavior modification may be provided only after review and approval by a peer review committee. The Director of Developmental Services shall, by March 1, 1977, adopt regulations establishing peer review procedures for this purpose. (Amended by Stats. 1979, Ch. 373.)
  102. 4506.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1.4. Office of the Developmental Services Ombudsperson [4506 - 4506.7] ( Chapter 1.4 added by Stats. 2025, Ch. 223, Sec. 1. )

    Verify source ↗

    The section states the Legislature’s findings and intent to create an Office of the Developmental Services Ombudsperson within the State Department of Developmental Services.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1.4. Office of the Developmental Services Ombudsperson [4506 - 4506.7] ( Chapter 1.4 added by Stats. 2025, Ch. 223, Sec. 1. ) ## 4506. The Legislature finds and declares that the people of California have benefited from the establishment of a long-term care ombudsperson pursuant to Section 9710, a foster care ombudsperson pursuant to Section 16161 and a Self-Determination Program Ombudsperson pursuant to Section 4685.9. The Legislature further finds it is essential to maintain the nonpartisan nature, integrity, and impartiality of ombudsperson functions and services. It is the intent of the Legislature to provide similar protections for individuals served by a regional center by establishing an Office of the Developmental Services Ombudsperson within the State Department of Developmental Services. (Added by Stats. 2025, Ch. 223, Sec. 1. (SB 471) Effective October 1, 2025.)
  103. 4506.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1.4. Office of the Developmental Services Ombudsperson [4506 - 4506.7] ( Chapter 1.4 added by Stats. 2025, Ch. 223, Sec. 1. )

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    This section creates the Office of the Developmental Services Ombudsperson and assigns it complaint, investigation, and coordination duties.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1.4. Office of the Developmental Services Ombudsperson [4506 - 4506.7] ( Chapter 1.4 added by Stats. 2025, Ch. 223, Sec. 1. ) ## 4506.1. (a) The Office of the Developmental Services Ombudsperson shall be established as an independent and autonomous entity within the department for the purpose of monitoring the implementation of this division, including, but not limited to, both of the following: (1) The Self-Determination Program, as established in Section 4685.8. (2) The California Early Intervention Services Act (Title 14 (commencing with Section 95000) of the Government Code) as it pertains to infants and toddlers applying to or eligible for early intervention services under Section 95014 of the Government Code. (3) The Lanterman Developmental Disabilities Services Act pursuant to Division 4.1 (commencing with Section 4400), Division 4.5 (commencing with Section 4500), and Division 4.7 (commencing with Section 4900), and the California Early Intervention Services Act pursuant to Title 14 (commencing with Section 95000) of the Government Code. (b) The office shall be responsible for receiving and resolving complaints, conducting investigations, suggesting systematic changes, and resolving various issues that may include, but are not limited to, inquiries, questions, or requests for information, assistance, or facilitation in navigating service access. (c) The Office of the Developmental Services Ombudsperson shall be headed by an individual, to be known as the Developmental Services Ombudsperson. (d) For purposes of this chapter, “individuals served by a regional center” includes all of the following: (1) Individuals who receive services through a regional center under this division, including individuals who are in the intake process, are pending assessment, or have reached out to regional centers for information about eligibility. (2) Individuals who are participating in the early start program under Title 14 (commencing with Section 95000) of the Government Code, including individuals who are in the intake process, pending assessment, or have reached out to regional centers for information about eligibility. (3) Individuals who are determined to be eligible for regional center services under this division, but are not receiving services from a regional center. (e) Pursuant to subdivision (a) of Section 9717, the Office of the Developmental Services Ombudsperson shall enter into a memorandum of understanding with the Office of the State Long-Term Care Ombudsman within the California Department of Aging to coordinate the provision of ombudsperson services for regional center clients residing in long-term care facilities. (Added by Stats. 2025, Ch. 223, Sec. 1. (SB 471) Effective October 1, 2025.)
  104. 4506.2.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1.4. Office of the Developmental Services Ombudsperson [4506 - 4506.7] ( Chapter 1.4 added by Stats. 2025, Ch. 223, Sec. 1. )

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    This section requires the Director of Developmental Services to appoint an ombudsperson under specified consultation steps, allows interim or fallback action if the committee delays or the office becomes vacant, and protects the ombudsperson’s independence while in office.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1.4. Office of the Developmental Services Ombudsperson [4506 - 4506.7] ( Chapter 1.4 added by Stats. 2025, Ch. 223, Sec. 1. ) ## 4506.2. (a) The Director of Developmental Services, in consultation with, and after receiving a list of possible nominees from, a committee of at least five interested individuals that are described in this subdivision, and after obtaining the committee’s input, shall appoint an ombudsperson who is qualified by training and experience to perform the duties of the office for a term of four years. The director shall select the committee members, the majority of whom shall be representatives of advocacy organizations and consumers or family members. If, after 90 days, the committee does not provide input, the director may make the appointment. The 90 days begins after the director seeks input from the committee. The director may reappoint the ombudsperson for consecutive terms. (b) The ombudsperson shall, in the performance of their duties during the duration of their appointment, be independent, and the exercise of their discretion related to the duties and powers set forth in this chapter shall not be controlled, supervised, or directed, directly or indirectly, by the director or any other official. The ombudsperson shall devote their entire time to the duties and powers set forth in this chapter and may not be removed from office for exercising their independence and discretion in furtherance of those duties and powers. (c) If the term of an ombudsperson expires without the appointment of a successor under this chapter, the incumbent ombudsperson may continue in office until a successor is appointed. If the ombudsperson dies, resigns, becomes ineligible to serve, or is removed or suspended from office, the director shall designate an acting ombudsperson until the ombudsperson is appointed. The director shall appoint a new ombudsperson pursuant to this section within a reasonable period from the date the office became vacant. The acting ombudsperson shall not remain in office longer than a reasonable period before a new ombudsperson is appointed pursuant to this section. If, after six months, the position remains vacant, the director shall provide an update at the next legislative briefing pursuant to Section 4474.17. (Added by Stats. 2025, Ch. 223, Sec. 1. (SB 471) Effective October 1, 2025.)
  105. 4506.3.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1.4. Office of the Developmental Services Ombudsperson [4506 - 4506.7] ( Chapter 1.4 added by Stats. 2025, Ch. 223, Sec. 1. )

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    The Developmental Services Ombudsperson must hire needed staff, consult with the department, keep at least one person with significant Self-Determination Program expertise, and try to hire people with lived experience in developmental services.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1.4. Office of the Developmental Services Ombudsperson [4506 - 4506.7] ( Chapter 1.4 added by Stats. 2025, Ch. 223, Sec. 1. ) ## 4506.3. The Developmental Services Ombudsperson, in consultation with the department, shall hire the necessary personnel to perform the functions of the office. While all employees within the office shall maintain expertise in the programs described in Section 4506.1, the office shall maintain, at minimum, one person with significant expertise in the Self-Determination Program, as established in Section 4685.8. The ombudsperson shall endeavor to hire individuals with lived experience with the developmental services system, including, but not limited to, individuals with developmental disabilities. (Added by Stats. 2025, Ch. 223, Sec. 1. (SB 471) Effective October 1, 2025.)
  106. 4506.4.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1.4. Office of the Developmental Services Ombudsperson [4506 - 4506.7] ( Chapter 1.4 added by Stats. 2025, Ch. 223, Sec. 1. )

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    The Ombudsperson office must provide information, training, complaint handling, data reporting, and confidentiality protections for complaints and records related to regional center services.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1.4. Office of the Developmental Services Ombudsperson [4506 - 4506.7] ( Chapter 1.4 added by Stats. 2025, Ch. 223, Sec. 1. ) ## 4506.4. (a) The Office of the Developmental Services Ombudsperson shall do all of the following: (1) (A) Disseminate information and provide training and technical assistance to individuals served by a regional center, family members, regional center staff, tribes, advocacy groups, service provider organizations, and other interested parties on the rights of persons with developmental disabilities and services provided by the office. The information shall include methods of contacting the office and notification that conversations with the office may be disclosed to other persons, as necessary, to adequately investigate and resolve a complaint. The information and training shall include information about the rights of persons with developmental disabilities under this division, including the rights specified in Chapter 1.3 (commencing with Section 4502) and the Self-Determination Program under Section 4685.8. (B) Commencing on January 1, 2028, at the end of every two-year legislative session, review amendments to the laws applicable to individuals served by a regional center and recommend to the department any updates to materials published by the department. The department, if workload capacity allows using existing resources, shall update those documents to the best of its ability after receiving recommendations from the ombudsperson. (2) Receive complaints made by or on behalf of individuals served by a regional center related to their care, placement, or services. (3) Decide, in its discretion, whether to investigate a complaint, or refer complaints to another agency for investigation. After rendering a decision to investigate a complaint, attempt to resolve the complaint without using a judicial or administrative proceeding, including attempting to facilitate solutions to disagreements about eligibility and services. (4) Upon rendering a decision to investigate a complaint from a complainant, notify the complainant of the intention to investigate. If the office declines to investigate a complaint or continue an investigation, the office shall notify the complainant of the reason for the action of the office. (5) Update the complainant on the progress of the investigation and the attempts to resolve the complaint, and notify the complainant of the final outcome. (6) (A) Compile and make available data to the Legislature in their quarterly legislative updates. This data shall include, but is not limited to, the number of contacts to the office, the number of contacts specific to the Self-Determination Program, the number of complaints made and the modality of the submission of those complaints, the number of investigations performed by the office, the trends and issues that arose in the course of resolving complaints, the number of referrals made, and the number of unresolved contacts. The office shall include recommendations consistent with this data for improving the developmental services system. (B) It is the intent of the Legislature that representatives of the organizations described in subparagraph (B) consider this data in the development of any recommendations offered toward improving the developmental services system. (C) The deidentified compiled data shall be posted so that it is available to the public on the existing internet website of the office. (D) Nothing shall preclude the office from issuing data, findings, or reports other than the annual compilation of data described in this paragraph. (7) Have access to copies of any record of a state agency, local agency, or regional center, and contractors or vendors with the state agency, local agencies, and regional centers that is necessary to carry out their responsibilities, and may meet or communicate with an individual served by a regional center in their placement or elsewhere. (b) The office may present the data compiled under subparagraph (A) of paragraph (6) of subdivision (a) on an annual basis at appropriate conferences, forums, and other events, as determined by the ombudsperson, that may include presentations to, but are not limited to, representatives of the Legislature, the Association of Regional Center Agencies, the State Council on Developmental Disabilities, tribes, developmental services organizations, advocacy groups, consumer and service provider organizations, and other interested parties. (c) (1) Information obtained by the office from a complaint, regardless of whether it is investigated by the office, referred to another entity for investigation, or determined not to be the proper subject of an investigation, shall remain confidential under relevant state and federal confidentiality laws. Disclosure of information that is not confidential under state and federal confidentiality laws shall occur only as necessary to carry out the mission of the office, including as necessary to provide explanation and support for the office’s recommendations for improving the developmental services system to the Legislature and state and local agencies that provide services and supports to an individual served by a regional center. (2) The ombudsperson shall maintain confidentiality with respect to the identities of the complainants or witnesses coming before them, except insofar as disclosure may be necessary to enable the ombudsperson to carry out the duties of the office set forth in paragraphs (2) to (5), inclusive, of subdivision (a). The ombudsperson may not disclose a record that is confidential under relevant state and federal confidentiality laws, except as authorized by law. (3) If an individual served by a regional center is represented by a conservator, legal guardian, or counsel, the office may notify the conservator, legal guardian, or counsel of a complaint in order for those entities to satisfy their obligations specified in this division. Notifying these entities of an investigation shall not limit the ombudsperson’s ability to investigate or resolve a complaint or take any other action authorized by this section. If appropriate, the office may also share the outcome of any investigation performed by the office with the consumer’s conservator, legal guardian, or counsel. (Added by Stats. 2025, Ch. 223, Sec. 1. (SB 471) Effective October 1, 2025.)
  107. 4506.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1.4. Office of the Developmental Services Ombudsperson [4506 - 4506.7] ( Chapter 1.4 added by Stats. 2025, Ch. 223, Sec. 1. )

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    The ombudsperson may investigate complaints, access relevant facilities and records, maintain a website page, convene focus groups, and recommend changes; certain agencies or contractors must respond in writing within 30 calendar days after a written recommendation.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1.4. Office of the Developmental Services Ombudsperson [4506 - 4506.7] ( Chapter 1.4 added by Stats. 2025, Ch. 223, Sec. 1. ) ## 4506.5. As part of the office’s efforts to resolve complaints related to the developmental services system, the ombudsperson may do all of the following: (a) Establish policies and procedures for receiving and processing complaints, conducting investigations, and reporting findings. (b) Develop and maintain a page on the department’s internet website with information about the office, how to access the office, including via an online portal to submit questions and complaints, general information about this division and regional centers, and links to relevant materials. (c) Conduct whatever investigation reasonably related to the complaint and to developmental services that the ombudsperson deems necessary, including, but not limited to, both of the following: (1) Access to, and inspection of, premises within the control of a state agency, local agency, or a regional center, or a contractor or vendor with a state agency, local agency, or regional center, and access to, and inspection of, a licensed or approved residential facility, at any time, with or without prior notice, for the purpose of carrying out the duties of the office. The ombudsperson shall be granted access to records and individuals served by a regional center at all times for the purpose of carrying out the duties of the office. (A) For purposes of this section, “access” means the right to do all of the following: (i) Enter any licensed or approved developmental services residential facility, upon providing identification. A private home may be entered only with consent of the individual served by a regional center or their legal representative. (ii) Communicate privately and without restriction with any individual served by a regional center, caregiver, staff, personnel, or volunteer. (iii) Review and copy any record of an individual served by a regional center or caregiver file. (iv) Observe all resident and staff areas of a facility. (v) Review and reproduce administrative records, policies, and documents of any licensed or approved developmental services care facility. (vi) Review and copy all licensing records maintained by the state, county, or agency, and review and reproduce any records of a state, county, or local agency and their contractors, except sealed court records, which may be obtained only by subpoena or other lawful court order. (vii) Interview all relevant witnesses. (B) For purposes of this section, “record” means a document, paper, memorandum, book, letter, file, drawing, map, plat, photo, photographic file, motion picture, film, microfilm, microphotograph, exhibit, magnetic or paper tape, punched card, or other item developed or received under law or in connection with the transaction of official business, but does not include material that is protected by privilege, unless the holder of the privilege, without coercion, previously disclosed a significant part of the material or consents to disclose the material to the ombudsperson, as provided in Section 912 of the Evidence Code. (2) Observe proceedings and attend hearings, consistent with this division. (d) Attempt to resolve the complaint. (e) Submit a written plan to the relevant state agency, local agency, or regional center, or a contractor or vendor with the state agency, local agency, or regional center, recommending a course of action to resolve the complaint. If the ombudsperson makes a written recommendation, the state agency, regional center, or vendor or contractor, shall submit a written response to the ombudsperson within 30 calendar days. (f) Periodically convene a focus group to advise the office in the performance of its duties described in this chapter. The focus group shall include, but not be limited to, consumers and families across different geographic regions of the state, representatives of diverse racial and ethnic backgrounds, ages, and disabilities, and representatives of regional centers, service providers, and advocacy and community-based organizations. (g) Recommend to the department any changes to laws, regulations, policies, or communications, including, but not limited to, forms and other actions. (Added by Stats. 2025, Ch. 223, Sec. 1. (SB 471) Effective October 1, 2025.)
  108. 4506.6.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1.4. Office of the Developmental Services Ombudsperson [4506 - 4506.7] ( Chapter 1.4 added by Stats. 2025, Ch. 223, Sec. 1. )

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    The ombudsperson and staff generally cannot be forced to testify or produce certain records in proceedings, and the ombudsperson must refer suspected misconduct to the appropriate director or law enforcement when a crime may be involved.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1.4. Office of the Developmental Services Ombudsperson [4506 - 4506.7] ( Chapter 1.4 added by Stats. 2025, Ch. 223, Sec. 1. ) ## 4506.6. In order to encourage candor during the ombudsperson’s investigation of complaints made by or on behalf of an individual served by a regional center and to facilitate the ombudsperson’s ability to resolve complaints, all of the following shall apply: (a) The ombudsperson and staff of the ombudsperson shall not be compelled to testify or be deposed in a judicial or administrative proceeding regarding matters coming to their attention in the exercise of their official duties, except as may be necessary to enforce or implement this chapter. (b) The records of the ombudsperson and the staff of the ombudsperson, including notes, drafts, and records obtained from an individual or agency during the intake, review, or investigation of a complaint, and any reports not released to the public shall not be subject to disclosure or production in response to a subpoena or discovery in a judicial or administrative proceeding, except as necessary to enforce or implement the provisions of this chapter. (c) When exercising the investigative, complaint resolution, and technical assistance functions of the Office of the Developmental Services Ombudsperson, the ombudsperson and staff of the ombudsperson shall have all immunities under Article 2 (commencing with Section 815) of Chapter 1 of Part 2 of Division 3.6 of Title 1 of the Government Code afforded to the discharge of discretionary duties by public entities and their employees. (d) If the ombudsperson believes, based on information received during the exercise of their official duties, that there is a breach of duty or misconduct by an employee of a state agency, local agency, regional center, or their contractors or vendors, in the conduct of the employees’ official duties, the ombudsperson shall refer the matter to the regional center or vendor’s director, or other responsible officer, and if the conduct would constitute a crime, to an appropriate law enforcement body or agency. (Added by Stats. 2025, Ch. 223, Sec. 1. (SB 471) Effective October 1, 2025.)
  109. 4506.7.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1.4. Office of the Developmental Services Ombudsperson [4506 - 4506.7] ( Chapter 1.4 added by Stats. 2025, Ch. 223, Sec. 1. )

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    The office must establish a toll-free number, and regional center case managers must give consumers that number and information about the office at annual planning meetings.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1.4. Office of the Developmental Services Ombudsperson [4506 - 4506.7] ( Chapter 1.4 added by Stats. 2025, Ch. 223, Sec. 1. ) ## 4506.7. (a) The office shall establish a toll-free number. (b) Regional center case managers shall provide consumers, and, if appropriate, their parents, legal guardians, conservator, or authorized representative, with the toll-free telephone number for the office and verbal or written information regarding the existence and purpose of the office during the annual individualized program plan or individual family service plan meetings. (Added by Stats. 2025, Ch. 223, Sec. 1. (SB 471) Effective October 1, 2025.)
  110. 4507.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1.6. General Provisions [4507 - 4519.11] ( Chapter 1.6 heading added by Stats. 2014, Ch. 178, Sec. 4. )

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    People with developmental disabilities are entitled to services under this division, and developmental disabilities alone are not enough to justify judicial commitment.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1.6. General Provisions [4507 - 4519.11] ( Chapter 1.6 heading added by Stats. 2014, Ch. 178, Sec. 4. ) ## 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. (Amended by Stats. 2012, Ch. 25, Sec. 7. (AB 1472) Effective June 27, 2012.)
  111. 4508.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1.6. General Provisions [4507 - 4519.11] ( Chapter 1.6 heading added by Stats. 2014, Ch. 178, Sec. 4. )

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    People with developmental disabilities may be released for provisional placement with the required consent, for up to 12 months, and must be referred to a regional center for services. Anyone placed under this section has an automatic right to return to the developmental center during the provisional placement period.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1.6. General Provisions [4507 - 4519.11] ( Chapter 1.6 heading added by Stats. 2014, Ch. 178, Sec. 4. ) ## 4508. Persons with developmental disabilities may be released from developmental centers for provisional placement, with parental consent in the case of a minor or with the consent of an adult person with developmental disabilities or with the consent of the guardian or conservator of the person with developmental disabilities, not to exceed twelve months, and shall be referred to a regional center for services pursuant to this division. Any person placed pursuant to this section shall have an automatic right of return to the developmental center during the period of provisional placement. (Amended by Stats. 1997, Ch. 414, Sec. 6. Effective September 22, 1997.)
  112. 451.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 13.5. Foster Care of Children [396 - 452] ( Article 13.5 added by Stats. 1980, Ch. 1229, Sec. 4. )

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    This section lets the court take transition jurisdiction in certain juvenile cases, requires counties to update supervision protocols, and requires the court to appoint counsel and try to keep representation continuous.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 13.5. Foster Care of Children [396 - 452] ( Article 13.5 added by Stats. 1980, Ch. 1229, Sec. 4. ) ## 451. (a) At a hearing during which termination of jurisdiction over a ward is considered, the court may, as an alternative to termination of jurisdiction, modify its order of jurisdiction and assume transition jurisdiction over the ward pursuant to Section 450. The court may also assume transition jurisdiction over a ward, transition dependent, or nonminor dependent whose underlying adjudication is vacated pursuant to Section 236.14 of the Penal Code or dismissed pursuant to Section 782 of this code. (b) A minor or a nonminor who is subject to the court’s transition jurisdiction shall not be subject to any terms or conditions of probation, and their case shall be managed as a dependent child of the court or as a nonminor dependent of the court. (c) Each county shall modify its protocol for Section 241.1 to include a provision to determine whether the child welfare services department or the probation department shall supervise persons subject to the court’s transition jurisdiction, including persons who obtained a court order vacating the underlying adjudication pursuant to Section 236.14 of the Penal Code. For a minor, this supervision shall comply with the requirements and procedures set forth in this code for dependent children. For a nonminor, this supervision shall comply with the provisions set forth in this code that specifically apply to nonminor dependents. (d) The court shall appoint counsel, pursuant to Section 317, for minors and nonminors subject to the court’s transition jurisdiction. The court shall, to the extent feasible given local court circumstances, provide for continuity of representation for the minor or nonminor from delinquency jurisdiction to transition jurisdiction pursuant to Section 450 by the attorney appointed to represent the minor or nonminor pursuant to Section 634. (Amended by Stats. 2024, Ch. 782, Sec. 5. (SB 1161) Effective January 1, 2025.)
  113. 4510.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1.6. General Provisions [4507 - 4519.11] ( Chapter 1.6 heading added by Stats. 2014, Ch. 178, Sec. 4. )

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    Three state departments must jointly create and carry out a statewide program to encourage enough living arrangements for people they serve, and must consult listed groups when developing procedures under this section.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1.6. General Provisions [4507 - 4519.11] ( Chapter 1.6 heading added by Stats. 2014, Ch. 178, Sec. 4. ) ## 4510. The State Department of Developmental Services, the State Department of Health Care Services, and the State Department of State Hospitals shall jointly develop and implement a statewide program for encouraging the establishment of sufficient numbers and types of living arrangements, both in communities and state hospitals, as necessary to meet the needs of persons served by those departments. The departments shall consult with the following organizations in the development of procedures pursuant to this section: (a) The League of California Cities, the County Supervisors Association of California, and representatives of other local agencies. (b) Organizations or advocates for clients receiving services in residential care services. (c) Providers of residential care services. (Amended by Stats. 2012, Ch. 438, Sec. 9. (AB 1468) Effective September 22, 2012.)
  114. 4511.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1.6. General Provisions [4507 - 4519.11] ( Chapter 1.6 heading added by Stats. 2014, Ch. 178, Sec. 4. )

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    The department must provide and coordinate training for people with developmental disabilities, families, regional centers, and service/support providers, and each training module must include an evaluation component.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1.6. General Provisions [4507 - 4519.11] ( Chapter 1.6 heading added by Stats. 2014, Ch. 178, Sec. 4. ) ## 4511. (a) The Legislature finds and declares that meeting the needs and honoring the choices of persons with developmental disabilities and their families requires information, skills and coordination and collaboration between consumers, families, regional centers, advocates and service and support providers. (b) The Legislature further finds and declares that innovative and ongoing training opportunities can enhance the information and skills necessary and foster improved coordination and cooperation between system participants. (c) The department shall be responsible, subject to the availability of fiscal and personnel resources, for securing, providing, and coordinating training to assist consumers and their families, regional centers, and services and support providers in acquiring the skills, knowledge, and competencies to achieve the purposes of this division. (d) This training may include health and safety issues; person-centered planning; consumer and family rights; building circles of support; training and review protocols for the use of psychotropic and other medications; crime prevention; life quality assessment and outcomes; maximizing inclusive opportunities in the community; how to communicate effectively with consumers; and developing opportunities for decisionmaking. (e) Whenever possible, the department shall utilize existing training tools and expertise. (f) Each training module shall include an evaluation component. (g) The department shall establish an advisory group, consisting of consumers, family members, regional centers, service providers, advocates and legislative representatives. The advisory group shall make recommendations for training subjects, review the design of training modules, and assess training outcomes. (Added by Stats. 1998, Ch. 310, Sec. 31. Effective August 19, 1998.)
  115. 4511.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1.6. General Provisions [4507 - 4519.11] ( Chapter 1.6 heading added by Stats. 2014, Ch. 178, Sec. 4. )

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    The department must require regional centers to provide implicit bias training, and regional centers and personnel must follow the training rules.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1.6. General Provisions [4507 - 4519.11] ( Chapter 1.6 heading added by Stats. 2014, Ch. 178, Sec. 4. ) ## 4511.1. (a) The Legislature finds and declares the following: (1) Supporting service access and equity for persons with developmental disabilities and their families requires awareness, skill development, and training for regional center personnel. (2) Ongoing implicit bias training enhances service access and equity in the developmental disabilities system. (b) The department shall require regional centers to implement implicit bias training through its contracts pursuant to Section 4640.6 and shall establish course content and training frequency requirements for that training. (c) All the regional center personnel shall comply with the implicit bias training requirements of paragraph (9) of subdivision (g) of Section 4640.6 and this section. This section shall additionally apply to regional center contractors involved in intake and assessment and eligibility determinations. The department shall specify the timelines by which training must be completed. Training shall be prioritized for regional center employees and contractors who are involved in eligibility determination or directly assist individuals and their families, or both, during the regional center intake and assessment processes, service coordination, and regional center employees who are involved in developing and implementing purchase of service policies and other policies, guidelines, instructions, or training materials utilized by regional centers when determining the service needs of consumers. (d) The training described by this section may be procured either by the department or by a regional center that has obtained prior approval by the department. Each regional center and its contractors shall retain the training record of employees in their respective personnel files. Regional centers shall annually inform the department of the percentage of its contractors and regional center personnel, identified by job classification, who successfully have completed the training. A list and description of trainings procured by the department, or a regional center with approval by the department, shall be posted on the department’s internet website. (e) The department or regional center shall make reasonable efforts to procure training that considers all of the following: (1) Trainers who are representative of the diversity of persons served by regional centers. (2) Academic training in implicit bias or experience educating public benefit programs about implicit bias and its effects on people accessing and interacting with public benefit programs. (3) The impact of implicit bias, explicit bias, and systemic bias on public benefit programs and the effect this can have on individuals seeking eligibility for and services through public benefit programs. (4) Actionable steps trainees can take to recognize and address their own implicit biases. (f) The training provided by the department and required by this section shall only be implemented subject to an appropriation by the Legislature for those purposes. It is the intent of the Legislature that regional centers continue to implement implicit bias training to the extent they are able to, in the absence of a state appropriation. (Amended by Stats. 2025, Ch. 12, Sec. 1. (AB 143) Effective June 27, 2025.)
  116. 4511.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1.6. General Provisions [4507 - 4519.11] ( Chapter 1.6 heading added by Stats. 2014, Ch. 178, Sec. 4. )

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    The department must develop or use curriculum for enhanced direct service professional training and consult stakeholders during implementation.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1.6. General Provisions [4507 - 4519.11] ( Chapter 1.6 heading added by Stats. 2014, Ch. 178, Sec. 4. ) ## 4511.5. (a) The Legislature finds and declares both of the following: (1) Direct service professionals are critical to the provision of services and supports to individuals with intellectual and developmental disabilities. (2) In recognition of the value of the services provided by direct service professionals, additional training and development will enhance the services they provide and foster a more sustainable workforce. (b) (1) With input from stakeholders pursuant to subdivision (c), the department shall develop or utilize existing curriculum to implement enhanced direct service professional training that promotes services that are person centered and culturally and linguistically sensitive, and that improve outcomes for individuals with intellectual and developmental disabilities. (2) It is the intent of the Legislature to enhance the quality of services that consumers receive from their direct service professionals, including, but not limited to, improving direct service professional knowledge about general health and safety issues, employing principles of self-determination in order to promote dignity of the recipient and the provider, and working to improve quality of services and quality of life, including advancing health equity for consumers of regional center services. (3) The training described in paragraph (1) in shall include, but is not limited to, all of the following elements: (A) Competency based. (B) Tiered training and certification. (C) Continuing education. (D) Outcome measures, as defined by the department, with input from stakeholders pursuant to subdivision (c). (c) (1) The department shall consult with stakeholders throughout the implementation of this section. This consultation shall include facilitation of a process for providing input and comments on implementation. (2) Stakeholders may include, but are not limited to, the following: (A) Consumers and families across different geographic regions of the state and from diverse racial and ethnic backgrounds, diverse consumer age groups and disabilities. (B) Regional center representatives. (C) Service providers representing a diverse range of service types and models. (d) Implementation of this section is subject to an appropriation of funds for this purpose in the annual Budget Act. (Added by Stats. 2021, Ch. 76, Sec. 19. (AB 136) Effective July 16, 2021.)
  117. 4511.6.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1.6. General Provisions [4507 - 4519.11] ( Chapter 1.6 heading added by Stats. 2014, Ch. 178, Sec. 4. )

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    The department must create and run a pilot project on remote consumer services and supports, report on it, and submit a final evaluation report by the stated deadline.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1.6. General Provisions [4507 - 4519.11] ( Chapter 1.6 heading added by Stats. 2014, Ch. 178, Sec. 4. ) ## 4511.6. (a) The department shall develop a pilot project to test the feasibility of remote consumer services and supports that use technology solutions. (b) It is the intent of the Legislature to test whether remote services and supports could provide an effective option for consumers to lead more independent lives, increase their access to bilingual services, and, when chosen and safe, reduce system reliance on one-to-one in-person direct support. (c) The department shall pilot remote services and supports as specified in subdivision (d). (d) In choosing consumers to pilot remote services and supports, the department shall consider consumer preference, the type and amount of services or supports and staffing needed to meet the consumer’s individual program plan, and the consumer’s individualized choices and their unique health, safety, and other needs. Consumers chosen for the pilot project shall represent diverse cultural and ethnic backgrounds, ages, and urban and rural regions of the state. (e) The department shall work with an external entity with relevant program evaluation experience to both design and evaluate the pilot project. (f) Providers shall be selected to participate in the pilot project by no later than March 1, 2023. (g) The department shall report to the Legislature at quarterly briefings for legislative staff about the progress of the pilot project. Reporting shall include summaries of the relevant data collected by service providers and regional centers. (h) The department shall submit a final evaluation report of the pilot project to the Legislature, in accordance with Section 9795 of the Government Code, no later than January 10, 2026. (i) Contracts to procure services to implement this section shall be exempt from the requirements contained in the Public Contract Code and the State Administrative Manual and from approval by the Department of General Services. (j) Implementation of this section shall be subject to an appropriation by the Legislature for the purpose of this section. (k) This section shall remain in effect only until January 1, 2030, and as of that date is repealed. (Added by Stats. 2022, Ch. 49, Sec. 14. (SB 188) Effective June 30, 2022. Repealed as of January 1, 2030, by its own provisions.)
  118. 4512.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1.6. General Provisions [4507 - 4519.11] ( Chapter 1.6 heading added by Stats. 2014, Ch. 178, Sec. 4. )

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    This section defines key terms for developmental disability services and sets eligibility and reassessment rules for some children.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1.6. General Provisions [4507 - 4519.11] ( Chapter 1.6 heading added by Stats. 2014, Ch. 178, Sec. 4. ) ## 4512. As used in this division: (a) (1) “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. (2) (A) A child who is under five years of age shall be provisionally eligible for regional center services if the child has a disability that is not solely physical in nature and has significant functional limitations in at least two of the following areas of major life activity, as determined by a regional center and as appropriate to the age of the child: (i) Self-care. (ii) Receptive and expressive language. (iii) Learning. (iv) Mobility. (v) Self-direction. (B) To be provisionally eligible, a child is not required to have one of the developmental disabilities listed in paragraph (1). (3) (A) An infant or toddler referred for early intervention services from the regional center pursuant to the California Early Intervention Services Act (Title 14 (commencing with Section 95000) of the Government Code) may be concurrently assessed, if appropriate, to determine whether the infant or toddler is provisionally eligible for regional center services under paragraph (2) or eligible for regional center services under paragraph (1). (B) If the regional center determines that the infant or toddler qualifies for early intervention services from the regional center pursuant to the California Early Intervention Services Act (Title 14 (commencing with Section 95000) of the Government Code) but has not been found to have a developmental disability as defined in paragraph (1) or to be provisionally eligible as defined in paragraph (2), the regional center shall assess the child at least 90 days prior to the date that they turn three years of age for purposes of determining their eligibility for regional center services under this section. If the regional center determines the child is not eligible, the regional center shall give adequate notice pursuant to Section 4701. (4) A child who is provisionally eligible pursuant to paragraph (2) shall be reassessed at least 90 days before turning five years of age. The child shall meet the definition set forth in paragraph (1) to continue to be eligible for regional center services at five years of age. (5) Regional center services for a child who was provisionally eligible pursuant to paragraph (2) and who does not meet the definition in paragraph (1) shall end when the child is five years of age unless an appeal was filed pursuant to Section 4715. (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. (Amended by Stats. 2024, Ch. 47, Sec. 3. (AB 162) Effective July 2, 2024.)
  119. 4513.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1.6. General Provisions [4507 - 4519.11] ( Chapter 1.6 heading added by Stats. 2014, Ch. 178, Sec. 4. )

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    When the department funds a regional center project through a request for proposals, it must require community support, evaluate funded proposals, share evaluations on request, and may ask for progress reports.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1.6. General Provisions [4507 - 4519.11] ( Chapter 1.6 heading added by Stats. 2014, Ch. 178, Sec. 4. ) ## 4513. (a) Whenever the department allocates funds to a regional center through a request for proposal process to implement special projects funded through the Budget Act, the department shall require that the regional center demonstrate community support for the proposal. (b) In awarding funds to regional centers to implement such proposals, the department shall consider, among other indicators, the following: (1) The demonstrated commitment of the regional center in establishing or expanding the service or support. (2) The demonstrated ability of the regional center to implement the proposal. (3) The success or failure of previous efforts to establish or expand the service or support. (4) The need for the establishment or expansion of the service and support in the regional center catchment area as compared to other geographic areas. (c) The department may require periodic progress reports from the regional center in implementing a proposal. (d) The department shall ensure that each funded and implemented proposal be evaluated and that the evaluation process include the input of consumers, families, providers and advocates, as appropriate. (e) The department shall make these evaluations available to the public, upon request. (f) The department shall develop and implement strategies for fostering the duplication of successful projects. (Added by Stats. 1998, Ch. 310, Sec. 32. Effective August 19, 1998.)
  120. 4514.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1.6. General Provisions [4507 - 4519.11] ( Chapter 1.6 heading added by Stats. 2014, Ch. 178, Sec. 4. )

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    Most information and records gathered while providing services to persons with developmental disabilities must be kept confidential, and disclosure is allowed only in listed exceptions.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1.6. General Provisions [4507 - 4519.11] ( Chapter 1.6 heading added by Stats. 2014, Ch. 178, Sec. 4. ) ## 4514. All information and records obtained in the course of providing intake, assessment, and services under Division 4.1 (commencing with Section 4400), Division 4.5 (commencing with Section 4500), Division 6 (commencing with Section 6000), or Division 7 (commencing with Section 7100) to persons with developmental disabilities shall be confidential. Information and records obtained in the course of providing similar services to either voluntary or involuntary recipients before 1969 shall also be confidential. Information and records shall be disclosed only in any of the following cases: (a) In communications between qualified professional persons, whether employed by a regional center or state developmental center, or not, in the provision of intake, assessment, and services or appropriate referrals. The consent of the person with a developmental disability, or the person’s guardian or conservator, shall be obtained before information or records may be disclosed by regional center or state developmental center personnel to a professional not employed by the regional center or state developmental center, or a program not vendored by a regional center or state developmental center. (b) When the person with a developmental disability, who has the capacity to give informed consent, designates individuals to whom information or records may be released. This chapter does not compel a physician and surgeon, psychologist, social worker, marriage and family therapist, professional clinical counselor, nurse, attorney, or other professional to reveal information that has been given to the person in confidence by a family member of the person unless a valid release has been executed by that family member. (c) To the extent necessary for a claim, or for a claim or application to be made on behalf of a person with a developmental disability for aid, insurance, government benefit, or medical assistance to which the person may be entitled. (d) If the person with a developmental disability is a minor, dependent ward, or conservatee, and the person’s parent, guardian, conservator, limited conservator with access to confidential records, or authorized representative, designates, in writing, persons to whom records or information may be disclosed. This chapter does not compel a physician and surgeon, psychologist, social worker, marriage and family therapist, professional clinical counselor, nurse, attorney, or other professional to reveal information that has been given to the person in confidence by a family member of the person unless a valid release has been executed by that family member. (e) For research, if the Director of Developmental Services designates, by regulation, rules for the conduct of research and requires the research to be first reviewed by the appropriate institutional review board or boards. These rules shall include, but need not be limited to, the requirement that all researchers shall sign an oath of confidentiality as follows: “ Date As a condition of doing research concerning persons with developmental disabilities who have received services from ____ (fill in the facility, agency, or person), I, ____, agree to obtain the prior informed consent of persons who have received services to the maximum degree possible as determined by the appropriate institutional review board or boards for protection of human subjects reviewing my research, or the person’s parent, guardian, or conservator, and I further agree not to divulge any information obtained in the course of the research to unauthorized persons, and not to publish or otherwise make public any information regarding persons who have received services so those persons who received services are identifiable. I recognize that the unauthorized release of confidential information may make me subject to a civil action under provisions of the Welfare and Institutions Code. ” Signed (f) To the courts, as necessary to the administration of justice. (g) To governmental law enforcement agencies as needed for the protection of federal and state elective constitutional officers and their families. (h) To the Senate Committee on Rules or the Assembly Committee on Rules for the purposes of legislative investigation authorized by the committee. (i) To the courts and designated parties as part of a regional center report or assessment in compliance with a statutory or regulatory requirement, including, but not limited to, Section 1827.5 of the Probate Code, Sections 1001.22 and 1370.1 of the Penal Code, and Section 6502 of this code. (j) To the attorney for the person who was sterilized or alleges they have been sterilized, or to the attorney of an individual with a developmental disability in any and all proceedings upon presentation of a release of information signed by the person, except that when the person lacks the capacity to give informed consent, the regional center or state developmental center director or designee, upon satisfying themselves of the identity of the attorney, and of the fact that the attorney represents the person, shall release all information and records relating to the person. This article does not compel a physician and surgeon, psychologist, social worker, marriage and family therapist, professional clinical counselor, nurse, attorney, or other professional to reveal information that has been given to the person in confidence by a family member of the person unless a valid release has been executed by that family member. (k) Upon written consent by a person with a developmental disability previously or presently receiving services from a regional center or state developmental center, the director of the regional center or state developmental center, or the director’s designee, may release any information, except information that has been given in confidence by members of the family of the person with a developmental disability, requested by a probation officer charged with the evaluation of the person after the person’s conviction of a crime if the regional center or state developmental center director or designee determines that the information is relevant to the evaluation. The consent shall only be operative until sentence is passed on the crime for which the person was convicted. The confidential information released pursuant to this subdivision shall be transmitted to the court separately from the probation report and shall not be placed in the probation report. The confidential information shall remain confidential except for purposes of sentencing. After sentencing, the confidential information shall be sealed. (l) Between persons who are trained and qualified to serve on multidisciplinary personnel teams, as defined in subdivision (d) of Section 18951. The information and records sought to be disclosed shall be relevant to the prevention, identification, management, or treatment of an abused child and the child’s parents pursuant to Chapter 11 (commencing with Section 18950) of Part 6 of Division 9. (m) When a person with a developmental disability dies from any cause, natural or otherwise, while hospitalized in a state developmental center, the State Department of Developmental Services, the physician and surgeon in charge of the client, or the professional in charge of the facility or the professional’s designee, shall release the patient’s medical record to a medical examiner, forensic pathologist, or coroner, upon request. Except for the purposes included in paragraph (8) of subdivision (b) of Section 56.10 of the Civil Code, a medical examiner, forensic pathologist, or coroner shall not disclose any information contained in the medical record obtained pursuant to this subdivision without a court order or authorization pursuant to paragraph (4) of subdivision (c) of Section 56.11 of the Civil Code. (n) To authorized licensing personnel who are employed by, or who are authorized representatives of, the State Department of Public Health, and who are licensed or registered health professionals, and to authorized legal staff or special investigators who are peace officers who are employed by, or who are authorized representatives of, the State Department of Social Services, as necessary to the performance of their duties to inspect, license, and investigate health facilities and community care facilities, and to ensure that the standards of care and services provided in these facilities are adequate and appropriate and to ascertain compliance with the rules and regulations to which the facility is subject. The confidential information shall remain confidential except for purposes of inspection, licensing, or investigation pursuant to Chapter 2 (commencing with Section 1250) and Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code, or a criminal, civil, or administrative proceeding in relation thereto. The confidential information may be used by the State Department of Public Health or the State Department of Social Services in a criminal, civil, or administrative proceeding. The confidential information shall be available only to the judge or hearing officer and to the parties to the case. Names that are confidential shall be listed in attachments separate to the general pleadings. The confidential information shall be sealed after the conclusion of the criminal, civil, or administrative hearings, and shall not subsequently be released except in accordance with this subdivision. If the confidential information does not result in a criminal, civil, or administrative proceeding, it shall be sealed after the State Department of Public Health or the State Department of Social Services decides that no further action will be taken in the matter of suspected licensing violations. Except as otherwise provided in this subdivision, confidential information in the possession of the State Department of Public Health or the State Department of Social Services shall not contain the name of the person with a developmental disability. (o) To a board that licenses and certifies professionals in the fields of mental health and developmental disabilities pursuant to state law, when the Director of Developmental Services has reasonable cause to believe that there has occurred a violation of a law subject to the jurisdiction of a board and the records are relevant to the violation. The information shall be sealed after a decision is reached in the matter of the suspected violation, and shall not subsequently be released except in accordance with this subdivision. Confidential information in the possession of the board shall not contain the name of the person with a developmental disability. (p) (1) To governmental law enforcement agencies by the director of a regional center or state developmental center, or the director’s designee, when (A) the person with a developmental disability has been reported lost or missing or (B) there is probable cause to believe that a person with a developmental disability has committed, or has been the victim of, murder, manslaughter, mayhem, aggravated mayhem, kidnapping, robbery, carjacking, assault with the intent to commit a felony, arson, extortion, rape, forcible sodomy, forcible oral copulation, assault or battery, or unlawful possession of a weapon, as provided in any provision listed in Section 16590 of the Penal Code. (2) This subdivision shall be limited solely to information directly relating to the factual circumstances of the commission of the enumerated offenses and shall not include information relating to the mental state of the patient or the circumstances of the patient’s treatment unless relevant to the crime involved. (3) This subdivision is not an exception to, and does not in any other way affect, the provisions of Article 7 (commencing with Section 1010) of Chapter 4 of Division 8 of the Evidence Code, or Chapter 11 (commencing with Section 15600) and Chapter 13 (commencing with Section 15750) of Part 3 of Division 9. (q) To the Division of Juvenile Facilities and Department of Corrections and Rehabilitation or any component thereof, as necessary to the administration of justice. (r) To an agency mandated to investigate a report of abuse filed pursuant to either Section 11164 of the Penal Code or Section 15630 of this code for the purposes of either a mandated or voluntary report or when those agencies request information in the course of conducting their investigation. (s) When a person with a developmental disability, or the parent, guardian, or conservator of a person with a developmental disability who lacks capacity to consent, fails to grant or deny a request by a regional center or state developmental center to release information or records relating to the person with a developmental disability within a reasonable period of time, the director of the regional or developmental center, or the director’s designee, may release information or records on behalf of that person if both of the following conditions are met: (1) Release of the information or records is deemed necessary to protect the person’s health, safety, or welfare. (2) The person, or the person’s parent, guardian, or conservator, has been advised annually in writing of the policy of the regional center or state developmental center for release of confidential client information or records when the person with developmental disabilities, or the person’s parent, guardian, or conservator, fails to respond to a request for release of the information or records within a reasonable period of time. A statement of policy contained in the client’s individual program plan shall be deemed to comply with the notice requirement of this paragraph. (t) (1) When an employee is served with a notice of adverse action, as defined in Section 19570 of the Government Code, the following information and records may be released: (A) All information and records that the appointing authority relied upon in issuing the notice of adverse action. (B) All other information and records that are relevant to the adverse action, or that would constitute relevant evidence as defined in Section 210 of the Evidence Code. (C) The information described in subparagraphs (A) and (B) may be released only if both of the following conditions are met: (i) The appointing authority has provided written notice to the consumer and the consumer’s legal representative or, if the consumer has no legal representative or if the legal representative is a state agency, to the clients’ rights advocate, and the consumer, the consumer’s legal representative, or the clients’ rights advocate has not objected in writing to the appointing authority within five business days of receipt of the notice, or the appointing authority, upon review of the objection has determined that the circumstances on which the adverse action is based are egregious or threaten the health, safety, or life of the consumer or other consumers and without the information the adverse action could not be taken. (ii) The appointing authority, the person against whom the adverse action has been taken, and the person’s representative, if any, have entered into a stipulation that does all of the following: (I) Prohibits the parties from disclosing or using the information or records for any purpose other than the proceedings for which the information or records were requested or provided. (II) Requires the employee and the employee’s legal representative to return to the appointing authority all records provided to them under this subdivision, including, but not limited to, all records and documents or copies thereof that are no longer in the possession of the employee or the employee’s legal representative because they were from a source containing confidential information protected by this section, and all copies of those records and documents, within 10 days of the date that the adverse action becomes final, except for the actual records and documents submitted to the administrative tribunal as a component of an appeal from the adverse action. (III) Requires the parties to submit the stipulation to the administrative tribunal with jurisdiction over the adverse action at the earliest possible opportunity. (2) For the purposes of this subdivision, the State Personnel Board may issue, before an appeal from adverse action being filed with it, a protective order, upon application by the appointing authority, for the limited purpose of prohibiting the parties from disclosing or using information or records for any purpose other than the proceeding for which the information or records were requested or provided, and to require the employee or the employee’s legal representative to return to the appointing authority all records provided to them under this subdivision, including, but not limited to, all records and documents from any source containing confidential information protected by this section, and all copies of those records and documents, within 10 days of the date that the adverse action becomes final, except for the actual records and documents that are no longer in the possession of the employee or the employee’s legal representatives because they were submitted to the administrative tribunal as a component of an appeal from the adverse action. (3) Individual identifiers, including, but not limited to, names, social security numbers, and hospital numbers, that are not necessary for the prosecution or defense of the adverse action, shall not be disclosed. (4) All records, documents, or other materials containing confidential information protected by this section that have been submitted or otherwise disclosed to the administrative agency or other person as a component of an appeal from an adverse action shall, upon proper motion by the appointing authority to the administrative tribunal, be placed under administrative seal and shall not, thereafter, be subject to disclosure to any person or entity except upon the issuance of an order of a court of competent jurisdiction. (5) For purposes of this subdivision, an adverse action becomes final when the employee fails to answer within the time specified in Section 19575 of the Government Code, or, after filing an answer, withdraws the appeal, or, upon exhaustion of the administrative appeal or of the judicial review remedies as otherwise provided by law. (u) To the person appointed as the developmental services decisionmaker for a minor, dependent, or ward pursuant to Section 319, 361, or 726. (v) To a protection and advocacy agency established pursuant to Section 4901, to the extent that the information is incorporated within any of the following: (1) An unredacted facility evaluation report form or an unredacted complaint investigation report form of the State Department of Social Services. This information shall remain confidential and subject to the confidentiality requirements of subdivision (f) of Section 4903. (2) An unredacted citation report, unredacted licensing report, unredacted survey report, unredacted plan of correction, or unredacted statement of deficiency of the State Department of Public Health, prepared by authorized licensing personnel or authorized representatives described in subdivision (n). This information shall remain confidential and subject to the confidentiality requirements of subdivision (f) of Section 4903. (w) To the regional center clients’ rights advocate who provides service pursuant to Section 4433, unless the consumer objects on the consumer’s own behalf, for the purpose of providing authorized clients’ rights advocacy services pursuant to Section 4418.25 or 4418.7, subparagraph (B) or (C) of paragraph (9) of subdivision (a) of Section 4648, Sections 4684.80 to 4684.87, inclusive, or Section 4698 or 7502.5 of this code, or Section 1267.75 or 1531.15 of the Health and Safety Code. (x) For purposes of this section, a reference to a “medical examiner, forensic pathologist, or coroner” means a coroner or deputy coroner, as described in subdivision (c) of Section 830.35 of the Penal Code, or a licensed physician who currently performs official autopsies on behalf of a county coroner’s office or a medical examiner’s office, whether as a government employee or under contract to that office. (y) To authorized personnel who are employed by the Employment Development Department as necessary to enable the Employment Development Department to provide the information required to be disclosed to the State Department of Developmental Services pursuant to subdivision (ak) of Section 1095 of the Unemployment Insurance Code. The Employment Development Department shall maintain the confidentiality of information provided to it by the State Department of Developmental Services to the same extent as if the Employment Development Department had acquired the information directly. (z) To authorized personnel who are employed by the State Department of Social Services as necessary to enable the department to provide the information required to be disclosed to the State Department of Developmental Services pursuant to Section 10850.6. The State Department of Social Services shall maintain the confidentiality of any information provided to it by the State Department of Developmental Services to the same extent as if the State Department of Social Services had directly acquired that information. (aa) To authorized personnel who are employed by the California Victim Compensation Board for the purposes of verifying the identity and eligibility of individuals claiming compensation pursuant to the Forced or Involuntary Sterilization Compensation Program described in Chapter 1.6 (commencing with Section 24210) of Division 20 of the Health and Safety Code. The California Victim Compensation Board shall maintain the confidentiality of any information or records received from the department in accordance with Part 160 (commencing with Section 160.101) and Part 164 (commencing with Section 164.102) of Subchapter C of Subtitle A of Title 45 of the Code of Federal Regulations and this section. Public disclosure of aggregated claimant information or the annual report required under subdivision (b) of Section 24211 of the Health and Safety Code is not a violation of this section. (Amended by Stats. 2021, Ch. 77, Sec. 32. (AB 137) Effective July 16, 2021.)
  121. 4514.3.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1.6. General Provisions [4507 - 4519.11] ( Chapter 1.6 heading added by Stats. 2014, Ch. 178, Sec. 4. )

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    Information and records must be disclosed to the Governor-designated protection and advocacy agency, and access must follow Division 4.7.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1.6. General Provisions [4507 - 4519.11] ( Chapter 1.6 heading added by Stats. 2014, Ch. 178, Sec. 4. ) ## 4514.3. (a) Notwithstanding Section 4514, information and records shall be disclosed to the protection and advocacy agency designated by the Governor in this state to fulfill the requirements and assurances of the federal Developmental Disabilities Assistance and Bill of Rights Act of 2000, contained in Chapter 144 (commencing with Section 15001) of Title 42 of the United States Code, for the protection and advocacy of the rights of persons with developmental disabilities, as defined in Section 15002(8) of Title 42 of the United States Code. (b) Access to information and records to which subdivision (a) applies shall be in accord with Division 4.7 (commencing with Section 4900). (Amended by Stats. 2003, Ch. 878, Sec. 3. Effective January 1, 2004.)
  122. 4514.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1.6. General Provisions [4507 - 4519.11] ( Chapter 1.6 heading added by Stats. 2014, Ch. 178, Sec. 4. )

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    A facility must give certain resident information to a family member or designated person only when the resident authorizes disclosure, and it must also notify requesters of the resident’s release or death in specified cases.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1.6. General Provisions [4507 - 4519.11] ( Chapter 1.6 heading added by Stats. 2014, Ch. 178, Sec. 4. ) ## 4514.5. Upon request of a family member of a resident of a state hospital, community care facility, or health facility, or other person designated by the resident, the facility shall give such family member or the designee notification of the resident’s presence in the facility, the transfer, the diagnosis, the prognosis, the medications prescribed, the side effects of medications prescribed, if any, the progress of the resident, and the serious illness of the resident, if, after notification of the resident that such information is requested, the resident authorizes such disclosure. If, when initially informed of the request for notification, the resident is unable to authorize the release of such information, notation of the attempt shall be made into the resident’s treatment record, and daily efforts shall be made to secure the resident’s consent or refusal of such authorization. However, if a request for information is made by the spouse, parent, child, or sibling of the resident and the resident is unable to authorize the release of such information, such requester shall be given notification of the resident’s presence in the facility, except to the extent prohibited by federal law. Upon request of a family member of a resident or the designee, the facility shall notify such family member or designee of the release or death of the resident. Nothing in this section shall be construed to require photocopying of the resident’s medical records in order to satisfy its provisions. (Added by Stats. 1982, Ch. 1141, Sec. 2.)
  123. 4515.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1.6. General Provisions [4507 - 4519.11] ( Chapter 1.6 heading added by Stats. 2014, Ch. 178, Sec. 4. )

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    Signed consent forms are required for releasing information, and the form must specify the use, the information to be released, the recipient, and the responsible authorized individual.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1.6. General Provisions [4507 - 4519.11] ( Chapter 1.6 heading added by Stats. 2014, Ch. 178, Sec. 4. ) ## 4515. Signed consent forms by a person with a developmental disability or, where appropriate, the parent, guardian, or conservator, for release of any information to which such person consents under the provision of Sections 11878 or 11879 of the Health and Safety Code, or subdivision (a) or (d) of Section 4514 shall be obtained for each separate use with the use specified, the information to be released, the name of the agency or individual to whom information will be released indicated on the form and the name of the responsible individual who has authorization to release information specified. Any use of this form shall be noted in the file of the person with developmental disabilities. Persons who sign consent forms shall be given a copy of the consent forms signed. (Added by Stats. 1982, Ch. 1141, Sec. 3.)
  124. 4516.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1.6. General Provisions [4507 - 4519.11] ( Chapter 1.6 heading added by Stats. 2014, Ch. 178, Sec. 4. )

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    When certain disclosures are made, the responsible physician or facility professional must promptly record the disclosure details in the person’s medical record.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1.6. General Provisions [4507 - 4519.11] ( Chapter 1.6 heading added by Stats. 2014, Ch. 178, Sec. 4. ) ## 4516. When any disclosure of information or records is made as authorized by the provisions of subdivision (a), (d), or (q) of Section 4514 or Section 4514.5, the physician in charge of the person with a developmental disability or the professional in charge of the facility shall promptly cause to be entered into the person’s medical record the date and circumstances under which such disclosure was made, the names and relationships to the person, if any, of individuals or agencies to whom such disclosure was made, and the specific information disclosed. (Added by Stats. 1982, Ch. 1141, Sec. 4.)
  125. 4517.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1.6. General Provisions [4507 - 4519.11] ( Chapter 1.6 heading added by Stats. 2014, Ch. 178, Sec. 4. )

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    This section says the chapter must not be read to stop statistical data from being compiled and published for use by government or researchers.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1.6. General Provisions [4507 - 4519.11] ( Chapter 1.6 heading added by Stats. 2014, Ch. 178, Sec. 4. ) ## 4517. Nothing in this chapter shall be construed to prohibit the compilation and publication of statistical data for use by government or researchers and standards set by the Director of Developmental Services. (Added by Stats. 1982, Ch. 1141, Sec. 5.)
  126. 4518.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1.6. General Provisions [4507 - 4519.11] ( Chapter 1.6 heading added by Stats. 2014, Ch. 178, Sec. 4. )

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    Any person may sue someone who willfully and knowingly released confidential information or records in violation of the cited laws, and may seek the greater of $500 or three times actual damages. A plaintiff does not need actual damages, and may also ask for an injunction.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1.6. General Provisions [4507 - 4519.11] ( Chapter 1.6 heading added by Stats. 2014, Ch. 178, Sec. 4. ) ## 4518. Any person may bring an action against an individual who has willfully and knowingly released confidential information or records concerning him or her in violation of the provisions of this chapter, or of Chapter 1 (commencing with Section 11860) of Part 3 of Division 10.5 of the Health and Safety Code, for the greater of the following amounts: (1) Five hundred dollars ($500). (2) Three times the amount of actual damages, if any, sustained by the plaintiff. Any person may, in accordance with the provisions of Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure, bring an action to enjoin the release of confidential information or records in violation of the provisions of this chapter, and may in the same action seek damages as provided in this section. It is not a prerequisite to an action under this section that the plaintiff suffer or be threatened with actual damages. (Added by Stats. 1982, Ch. 1141, Sec. 6.)
  127. 4519.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1.6. General Provisions [4507 - 4519.11] ( Chapter 1.6 heading added by Stats. 2014, Ch. 178, Sec. 4. )

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    Limits spending on out-of-state services unless required approvals and planning steps are completed, and sets reporting and renewal rules for regional centers.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1.6. General Provisions [4507 - 4519.11] ( Chapter 1.6 heading added by Stats. 2014, Ch. 178, Sec. 4. ) ## 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 consumer’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) Funds shall not 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) If a regional center places a consumer out of state pursuant to subdivision (a), it shall prepare a report for inclusion in the consumer’s individual program plan. This report shall summarize the regional center’s efforts to locate, develop, or adapt an appropriate program for the consumer within the state. This report shall be reviewed and updated every three months, and a copy shall be 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. (f) This section shall become operative January 1, 2022. (Repealed (in Sec. 21) and added by Stats. 2021, Ch. 76, Sec. 22. (AB 136) Effective July 16, 2021. Operative January 1, 2022, by its own provisions.)
  128. 4519.10.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1.6. General Provisions [4507 - 4519.11] ( Chapter 1.6 heading added by Stats. 2014, Ch. 178, Sec. 4. )

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    This section directs the department to phase in rate reform, rate increases, hold-harmless policies, and a quality incentive program for service providers.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1.6. General Provisions [4507 - 4519.11] ( Chapter 1.6 heading added by Stats. 2014, Ch. 178, Sec. 4. ) ## 4519.10. (a) The Legislature finds and declares all of the following: (1) The current service provider rate structure in the system administered by the State Department of Developmental Services lacks transparency, remains complex, is not tied to person-centered outcomes, and varies across providers who provide the same service in the same region. (2) In 2016, the Legislature funded a rate study to address the sustainability, quality, and transparency of community-based services for individuals with developmental disabilities. (3) The department, with the help of a consultant, completed the rate study in 2019 and subsequently submitted the study’s findings and recommendations to the Legislature. Among other things, the study recommended all of the following: (A) Within each service category, rate models that include components that may be regularly updated. (B) Regional differentials to account for regional variance in the cost of living and doing business. (C) Enhanced rates for services delivered in other languages, including American Sign Language. (D) An optional add-on for direct service professional levels and wage differentials based on training and demonstrated competency. (E) The consolidation of certain service codes. (4) The rate study’s fiscal impact analysis indicated that full implementation of these rate models would cost an additional one billion one hundred million dollars ($1,100,000,000) from the General Fund, or one billion eight hundred million dollars ($1,800,000,000) of total funds, in the 2019–20 fiscal year. (5) The recommendations from the rate study and the associated rate models have not been implemented, even as rate study findings informed supplemental rate increases for many service categories in the 2019–20 fiscal year and three additional service categories in the 2020–21 fiscal year. (6) For Medi-Cal eligible consumers, the department receives federal Medicaid reimbursements to support home- and community-based services provided to those consumers. (7) Direct service professionals employed by service providers are critical to the quality and provision of services and supports to individuals with intellectual and developmental disabilities. (8) A prevailing need and challenge within the developmental services system is moving from a compliance-based system to an outcomes-based system. Outcome measures must reinforce the system’s core values of meeting individual needs based on person-centered planning. The implementation of rates, pursuant to this section, should support this person-centered transformation through consideration of incentive payments, alternative payment models, alternative service delivery, lessons learned from the COVID-19 pandemic period, person-centered and culturally and linguistically sensitive and competent approaches, training of direct service professionals, compliance with the federal home- and community-based services rule set to take effect on March 17, 2023, and methods for assessing and reporting outcomes. (9) To improve consumer outcomes and experiences and measure overall system performance, four goals should guide rate reform: (A) Consumer experience. (B) Equity. (C) Quality and outcomes. (D) System efficiencies. (b) Therefore, it is the intent of the Legislature to phase in funding and policies beginning in the 2021–22 fiscal year to implement rate reform, which shall include a quality incentive program, create an enhanced person-centered, outcomes-based system, and complete this transformation by July 1, 2025. (c) (1) (A) Commencing April 1, 2022, the department shall implement a rate increase for service providers that equals one-quarter of the difference between current rates and the fully funded rate model for each provider. (B) Commencing January 1, 2023, and continuing through December 31, 2024, the department shall adjust rates to equal one-half of the difference between rates in effect March 31, 2022, and the fully funded rate model for each provider, and additional funding shall be available for the quality incentive program described in subdivision (e). (i) Notwithstanding any other law or regulation, it is the intent of the Legislature that the majority of the rate increase described in this subparagraph for the 2022–23 fiscal year be used for the purpose of enhancing wages and benefits for staff who spend a minimum of 75 percent of their time providing direct services to consumers. (ii) Commencing January 1, 2023, a provider shall not spend a smaller percentage of the rate increase on direct care staff wages and benefit costs than the corresponding percentage included for direct care staff wages and benefit costs in the rate models for each specific service. (iii) A provider granted a rate increase pursuant to this section shall maintain documentation, subject to audit by the department or regional center, that the portion of the rate increase identified in this subparagraph was used to increase wages, salaries, or benefits of eligible staff members spending a minimum of 75 percent of their time providing direct services to consumers at least at the same percentage as provided in the rate models. (iv) For the purpose of this subparagraph, “direct services” are services, supports, care, supervision, or assistance provided by staff directly to a consumer to address the consumer’s needs, as identified in the individual program plan, and includes staff’s participation in training and other activities directly related to providing services to consumers, as well as program preparation functions as defined in Section 54302 of Title 17 of the California Code of Regulations. (v) Commencing July 1, 2023, a vendor shall be in compliance with the home- and community-based final rule, effective March 17, 2014, or implementing a corrective action plan, to be eligible for the quality incentive program described in subdivision (e). (C) (i) Commencing January 1, 2025, the department shall implement the fully funded rate models. The fully funded rate models shall be implemented using two payment components, a base rate equaling 90 percent of the rate model, and a quality incentive payment, equaling up to 10 percent of the rate model, to be implemented through the quality incentive program described in subdivision (e). (ii) Notwithstanding any other law, commencing July 1, 2024, the rate models shall be updated to account for the current and any subsequent changes to the statewide minimum wage, as established by Section 1182.12 of the Labor Code, or other relevant statute. (2) (A) Effective January 1, 2025, it is the intent of the Legislature that rates be uniform within service categories and adjusted for geographic cost differentials, including differentials in wages, the cost of travel, and the cost of real estate. (B) Providers who were not identified as requiring a rate increase in the rate study are not eligible for rate adjustments pursuant to paragraph (1). (d) (1) Beginning in the 2021–22 fiscal year, the department shall implement a hold harmless policy for providers whose rates exceed rate model recommendations. The policy shall freeze a provider’s existing rates until February 28, 2026, after which time the provider’s rates shall be adjusted to equal the rates for other providers in the provider’s service category and region. (2) Beginning January 1, 2025, the department shall also implement a hold harmless policy for providers whose rates in effect on January 1, 2023, exceed 90 percent of the rate model. The policy shall freeze a provider’s base rate at the rate in effect on January 1, 2023, until February 28, 2026, after which time the provider’s base rates shall be adjusted to equal the base rates for other providers in the provider’s service category and region. The provider shall be eligible for a quality incentive payment that, when added to their base rate, equals the fully funded rate model. (3) Notwithstanding paragraphs (1) and (2), the department may adjust rates as a result of reviews or audits. (e) In conjunction with implementing rate reform, the department shall implement a quality incentive program in order to improve consumer outcomes, service provider performance, and the quality of services. (1) (A) The department shall, with input from stakeholders, develop quality measures or benchmarks, or both, for consumer outcomes and regional center and service provider performance. Given the time necessary to identify and develop the measures or benchmarks described in this paragraph, the department may establish quality measures or benchmarks, or both, in the initial years of the quality incentive program that focus on building capacity, developing reporting systems, gathering baseline data, and similar activities while working towards meaningful outcome measures at the individual consumer level for all services. Measures or benchmarks, or both, shall initially include process- and performance-related measures for service providers and, by the conclusion of the 2025–26 fiscal year, shall also evolve to include outcome measures at the individual consumer level. In developing the proposed measures or benchmarks, or both, the department shall do all of the following: (i) Gather public input through regularly held public meetings that are accessible both virtually and by telephone. Public meeting agendas and meeting materials shall be posted at least three days in advance of any meeting and shared by various means, including internet website updates, focus groups, and other communication. (ii) Provide documents, which may include, but are not limited to, updates, concept papers, interim reports, proposals, and performance and quality measures and benchmarks, and revisions to these materials, to the Legislature and post these materials on an internet website for public comment at least 30 days, as required by the Centers for Medicare and Medicaid Services, prior to submitting a request for federal funding. (iii) Seek input from subject matter experts to understand options for outcomes-based system structures using person-centered planning and alternative payment models. (B) (i) On or before April 1, 2022, proposed quality measures or benchmarks, or both, shall be provided to the Legislature and posted for public comment, as described in subparagraph (A). After the department has considered public comments and modified the proposed quality measures or benchmarks, or both, as needed, the measures or benchmarks, or both, shall be finalized and implemented in the 2022–23 fiscal year. (ii) On or before April 1 of any subsequent year in which the department proposes new or revised quality measures or benchmarks, or both, the proposed measures or benchmarks, or both, shall be provided to the Legislature and posted for public comment, as described in subparagraph (A). After the department has considered public comments and modified the proposed quality measures or benchmarks, or both, as needed, the measures or benchmarks, or both, shall be finalized and implemented in the upcoming fiscal year. (C) Beginning in the 2024–25 fiscal year, there will be opportunity for eligible providers to earn full quality incentive payments through one or more measures. (D) Beginning in the 2026–27 fiscal year, a provider shall be compliant with electronic visit verification, home- and community-based services rules, and applicable annual fiscal reviews and audit requirements as a condition of eligibility for the quality incentive program. (2) (A) The department shall develop a quality incentive payment structure for providers meeting the quality measures or benchmarks, or both, developed pursuant to paragraph (1). The department shall issue written directives to define the way quality incentive payments will be made to service providers based on quality measures or benchmarks, or both, developed and implemented under this subdivision. (B) The department shall determine each provider’s quality incentive payment percentage prior to the start of the fiscal year, with the exception of the 2024–25 fiscal year, by measuring the provider’s performance against the quality measures or benchmarks for the most recently available reporting period. The department shall provide a written communication to the fiscal and policy committees of the Legislature that reports on the total amount of quality incentive payments estimated to be paid to providers pursuant to this section. This written communication shall be made as soon as is practicable, but no later than 60 days after the quality incentive payment percentages are determined and the providers are informed of their payments. (f) On or before March 1, 2024, the department shall provide a status update to the Legislature regarding progress toward implementing rate reform and creating an enhanced person-centered, outcomes-based system. The status update may include, but is not limited to, information about all of the following: (1) Additional changes that may be necessary to effectively implement rate reform, including adding and amending statutes, regulations, and other departmental policies. (2) Compliance with rules of the federal Medicaid program, including the home- and community-based services final rule effective on March 17, 2014, and state compliance consistent with the current federal guidance, including all of the following: (A) A definition of what it means to be compliant with the rules of the federal Medicaid program. (B) Whether there are certain service categories that are unlikely to achieve compliance due to the structure of the service, and, if so, which categories this includes. (C) Data about the total number of providers within each service category and the estimated number of providers that have not yet achieved compliance. (3) Program and system improvement efforts made as a result of the state’s home- and community-based services additional federal funding, including the one-time investment implemented beginning in the 2021–22 state fiscal year, including a description of how the department will build on the investments. (g) For purposes of this section, “rate model” means a rate model included in the rate study submitted to the Legislature pursuant to Section 4519.8. (h) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement, interpret, or make specific this section by means of written directives or similar instructions until regulations are adopted, which shall occur no later than June 30, 2028. (i) Implementation of this section is contingent upon the approval of federal funding. (Amended by Stats. 2025, Ch. 12, Sec. 2. (AB 143) Effective June 27, 2025.)
  129. 4519.11.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1.6. General Provisions [4507 - 4519.11] ( Chapter 1.6 heading added by Stats. 2014, Ch. 178, Sec. 4. )

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    The department must review and update the rate models every other year starting July 1, 2025, and post the updated models on its website by January 1 of the following year.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1.6. General Provisions [4507 - 4519.11] ( Chapter 1.6 heading added by Stats. 2014, Ch. 178, Sec. 4. ) ## 4519.11. (a) Commencing on July 1, 2025, and every other year thereafter, the department shall review and update the rate models per the cost inputs available at the time of the review and shall post the updated rate models on its internet website no later than January 1 of the following year. (b) An adjustment to a provider rate pursuant to the updated rate models shall be contingent upon the appropriation of funds by the Legislature in the annual Budget Act and approval of federal funding. (c) For purposes of this section, “rate model” means a rate model included in the rate study submitted to the Legislature pursuant to Section 4519.8. (Added by Stats. 2024, Ch. 904, Sec. 1. (AB 2423) Effective January 1, 2025.)
  130. 4519.2.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1.6. General Provisions [4507 - 4519.11] ( Chapter 1.6 heading added by Stats. 2014, Ch. 178, Sec. 4. )

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    The department and each regional center must publish and update specified service, compliance, and complaint information, and the department must report certain items to the Legislature.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1.6. General Provisions [4507 - 4519.11] ( Chapter 1.6 heading added by Stats. 2014, Ch. 178, Sec. 4. ) ## 4519.2. (a) Through the Developmental Services Task Force, the department shall identify key indicators to track the regional center system’s delivery of services. These indicators shall include both local and statewide measures and shall include a recommendation for analysis and followup of any concerning trends, as well as a plan for reporting of best practices for use statewide. The department, with stakeholder input, shall also identify recommendations for measuring outcomes and improving outcomes for consumers. Goals for system improvement include enhancement of customer services for consumers and their families, facilitation of enhanced communication between regional centers and the state, and identification and dissemination of best practices for developmental services providers. The department shall report these recommended indicators, best practices, and recommendations for analysis to the Legislature no later than January 10, 2021. (b) (1) Each regional center shall post the following information on its internet website in a format determined by the department no later than April 1, 2020, and shall update the information no less frequently than every six months until the department determines that statewide compliance with the federal Home and Community-Based Services (HCBS) Final Rule has been met, or January 1, 2025, whichever is earlier: (A) The number of providers identified as needing assessment for HCBS compliance, broken down by provider type, as defined by the department. (B) The number of providers within each provider type that have been inspected or reviewed for HCBS compliance. (C) The number of providers within each provider type that have been determined to be HCBS compliant. (D) The number of providers within each provider type that have been determined not to be HCBS compliant and the reason for lack of compliance. (E) The number of providers, broken down by provider type, that have been identified as presumed to have the qualities of an institutional setting, as described in Sections 441.301(c)(5)(v) and 441.710(a)(2)(v) of Title 42 of the Code of Federal Regulations. (2) The department shall provide this information to the Legislature as statewide data and for each regional center, no later than May 1, 2020, and shall post that summary on its internet website. (c) (1) The department shall update the Legislature annually, beginning on January 10, 2020, with the number of complaints filed at each regional center pursuant to Section 4731 for the prior fiscal year, and include the following information: (A) The subject matter of complaints filed. (B) How complaints were resolved. (C) The timeframe within which resolutions to those complaints were provided by the regional center. (D) The number of complaints that were appealed to the department, their resolution, and the timeframe within which a written administrative decision was issued. (E) Demographic information, as identified by the department, about consumers on whose behalf the complaint was filed, including the ethnicity of the consumer. (2) The update shall include data for the prior two fiscal years, as available. (3) The department shall also post this data on its internet website. (d) The department and each regional center shall include on their internet websites a link to the protection and advocacy agency designated pursuant to Division 4.7 (commencing with Section 4900) and the clients’ rights advocate contracted with pursuant to Section 4433. This link shall be posted on the home page of their internet websites, or in another standard location determined by the department. (e) On and after October 1, 2019, the department shall post all new directives that it issues to regional centers on its internet website. (f) Any reports submitted by the department to the Legislature pursuant to this section shall be submitted in compliance with Section 9795 of the Government Code. (Amended by Stats. 2022, Ch. 49, Sec. 15. (SB 188) Effective June 30, 2022.)
  131. 4519.4.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1.6. General Provisions [4507 - 4519.11] ( Chapter 1.6 heading added by Stats. 2014, Ch. 178, Sec. 4. )

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    The State Department of Developmental Services must consult stakeholders, carry out several reform-planning steps, report progress during the 2020–21 budget hearing process, and post specified materials to its website by October 1, 2019.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1.6. General Provisions [4507 - 4519.11] ( Chapter 1.6 heading added by Stats. 2014, Ch. 178, Sec. 4. ) ## 4519.4. (a) Beginning in the summer of 2019, the State Department of Developmental Services shall consult with a broad and balanced group of stakeholders, including, but not limited to, representatives of the Developmental Services Task Force, the Rates Workgroup of the Developmental Services Task Force, legislative staff from the fiscal and relevant policy committees of the Legislature, the Legislative Analyst’s Office, the Association of Regional Center Agencies, the State Council on Developmental Disabilities, the Department of Rehabilitation, and Disability Rights California to discuss system reforms, including fiscal reforms, to better serve consumers with developmental disabilities. The focus of this discussion shall be on how to create a sustainable, innovative, cost-effective, consumer-focused, and outcomes-based service delivery system. (b) For purposes of implementing subdivision (a), the State Department of Developmental Services shall do all of the following: (1) Consider a wide variety of perspectives of consumers, families, and service providers to discuss the potential outcomes associated with different approaches to system reform. (2) Engage with consumers, families, and service providers across different geographic regions of the state, including urban and rural areas, and from diverse racial and ethnic backgrounds, consumer age groups, consumer diagnoses, and service categories. (3) Identify key consumer outcomes and measurable targets to be achieved through these reforms, as informed by the stakeholder process. (4) Evaluate compliance with federal rules relating to home- and community-based services, and how the department plans to redesign services that are not compliant with these rules. (5) Discuss how feedback may be collected about the reforms, and how this information may be used to make changes to, and adapt, the system over time. (c) The State Department of Developmental Services shall report on the progress of these efforts during the 2020–21 budget hearing process. (d) By October 1, 2019, the State Department of Developmental Services shall post to its internet website a summary of public comments, departmental responses to those comments, and any appropriate and necessary changes to the rate models contained in the rate study, submitted pursuant to Section 4519.8. (Added by Stats. 2019, Ch. 28, Sec. 9. (SB 81) Effective June 27, 2019.)
  132. 4519.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1.6. General Provisions [4507 - 4519.11] ( Chapter 1.6 heading added by Stats. 2014, Ch. 178, Sec. 4. )

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    The department and regional centers must annually compile and report purchase-of-service data, and regional centers and the department must post specified information on their websites.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1.6. General Provisions [4507 - 4519.11] ( Chapter 1.6 heading added by Stats. 2014, Ch. 178, Sec. 4. ) ## 4519.5. (a) The department and the regional centers shall annually collaborate to compile and report, consistent with applicable federal and state privacy laws, data, including deidentified data in accordance with subdivision (m), in a uniform manner relating to purchase of service authorization, utilization, and expenditure by each regional center with respect to all of the following: (1) The age of the consumer, categorized by the following: (A) Birth to two years of age, inclusive. (B) Three to 21 years of age, inclusive. (C) Twenty-two years of age and older. (2) Race or ethnicity of the consumer. (3) Preferred 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. (5) Residence type, subcategorized by age, race or ethnicity, and preferred language. (6) Number of instances when the written copy of the individual program plan was provided at the request of the consumer and, when appropriate, the consumer’s parents, legal guardian or conservator, or authorized representative, in a language other than a threshold language, as defined by paragraph (3) of subdivision (a) of Section 1810.410 of Title 9 of the California Code of Regulations, if that written copy was provided more than 60 days after the request. (7) Number of instances when the written copy of the individual program plan was provided at the request of the consumer and, when appropriate, the consumer’s parents, legal guardian or conservator, or authorized representative, in a threshold language, as defined by paragraph (3) of subdivision (a) of Section 1810.410 of Title 9 of the California Code of Regulations, if that written copy was provided more than 45 days after the request, in violation of paragraph (5) of subdivision (a) of Section 4646.5. (8) Beginning with data for the fiscal year of 2023–24, the numbers, percentages, and total and per capita expenditure and authorization amounts, by age, as applicable, according to race or ethnicity and preferred language, for all combined residence types and for consumers living in the family home, regarding the following service types: (A) Camping and associated travel expenses. (B) Social recreation activities. (C) Educational services. (D) Nonmedical therapies, including, but not limited to, specialized recreation, art, dance, and music. (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, and by residence type, as set forth in paragraph (5) of subdivision (a), who have been determined to be eligible for regional center services, but are not receiving purchase of service funds. (c) (1) (A) By March 31, 2013, each regional center shall post the data described in this section that are specific to the regional center on its website. Commencing on December 31, 2013, each regional center shall annually post these data by December 31. Each regional center shall maintain all previous years’ data on its website. (B) Commencing December 31, 2023, each regional center shall post its data uniformly with all other regional centers, using the same criteria, format, and organization. (2) Notwithstanding the requirement pursuant to paragraph (1), if the information required to be posted pursuant to this section is produced and posted by the department for each regional center, each regional center instead may link to that information from its internet website. (d) By March 31, 2013, the department shall post the information described in this section on a statewide basis on its website. Commencing December 31, 2013, the department shall annually post this information by December 31. The department shall maintain all previous years’ data on its website. The department shall also post notice of any regional center stakeholder meetings on its website. (e) In addition to maintaining hyperlinks to each regional center’s reports on its internet website, commencing December 1, 2024, the department shall also post the data compiled pursuant to subdivisions (a) and (b), and the data compiled pursuant to Section 4519.6, in the same uniform manner as reported by the regional centers, as follows: (1) On a statewide aggregate basis. (2) On an aggregate basis according to particular geographical areas, as determined by the department in consultation with stakeholders. (3) The department shall provide trend analysis on the changes observed in data over time, including increasing and decreasing utilization of services by any of the characteristics cited in subdivision (a). (f) After December 1, 2024, the department and regional centers shall post information required to be posted pursuant to this section in machine-readable format. (g) Within three months of compiling the data with the department, and annually thereafter, each regional center shall meet with stakeholders in one or more public meetings regarding the data. The meeting or meetings shall be held separately from any meetings held pursuant to Section 4660. The regional center shall provide participants of these meetings with the data and any associated information related to improvements in the provision of developmental services to underserved communities and shall conduct a discussion of the data and the associated information in a manner that is culturally and linguistically appropriate for that community, including providing alternative communication services, as required by Sections 11135 to 11139.7, inclusive, of the Government Code and implementing regulations. Regional centers shall inform the department of the scheduling of those public meetings 30 days prior to the meeting. Notice of the meetings shall also be posted on the regional center’s website 30 days prior to the meeting and shall be sent to individual stakeholders and groups representing underserved communities in a timely manner. Each regional center shall, in holding the meetings required by this subdivision, consider the language needs of the community and shall schedule the meetings at times and locations designed to result in a high turnout by the public and underserved communities. (h) (1) Consistent with subdivision (h) of Section 4648, regional centers shall annually provide each individual with their purchase of services data and any associated information related to improvements in the provision of developmental services to them. If requested, regional centers shall conduct a discussion of the data and the associated information in a manner that is culturally and linguistically appropriate for that individual, including providing alternative communication services, as required by Sections 11135 to 11139.7, inclusive, of the Government Code and implementing regulations. (2) When implemented in the statewide case management system, the information described in paragraph (1) shall be available to individuals through the consumer portal. If requested, regional centers shall conduct a discussion of the data and the associated information in a manner that is culturally and linguistically appropriate for that individual, including providing alternative communication services, as required by Sections 11135 to 11139.7, inclusive, of the Government Code and implementing regulations. (i) (1) Each regional center shall annually report to the department regarding its implementation of the requirements of this section. The report shall include, but shall not be limited to, all of the following: (A) Actions the regional center took to improve public attendance and participation at stakeholder meetings, including, but not limited to, attendance and participation by underserved communities. (B) Copies of minutes from the meeting and attendee comments. (C) Whether the data described in this section, including data deidentified pursuant to subdivision (m) of this section, indicate a need to reduce disparities in the purchase of services among consumers in the regional center’s catchment area. If the data do indicate that need, the regional center’s recommendations and plan to promote equity, and reduce disparities, in the purchase of services. (2) Each regional center and the department shall annually post the reports required by paragraph (1) on its website by August 31. (j) (1) The department shall, on a twice-a-year basis, consult with stakeholders, including consumers and families that reflect the ethnic and language diversity of regional center consumers, regional centers, advocates, providers, family resource centers, the protection and advocacy agency described in Section 4901, and those entities designated as University Centers for Excellence in Developmental Disabilities Education, Research, and Service pursuant to Section 15061 of Title 42 of the United States Code, to achieve the following objectives: (A) Review the data compiled pursuant to subdivisions (a) and (b). (B) Identify barriers to equitable access to services and supports among consumers, including consumers whose purchase of services data have been deidentified pursuant to subdivision (m), and develop recommendations to help reduce disparities in purchase of service expenditures. (C) Identify gaps in, and encourage the development and expansion of, culturally appropriate services, service delivery, and service coordination. (D) Identify best practices to reduce disparity and promote equity. (E) Maximize transparency whenever possible, including aggregation by region or display as percentages, as necessary. (2) The department shall notify the Legislature when information is posted on its internet website pursuant to this section. (k) (1) Subject to available funding, the department shall allocate funding to regional centers or community-based organizations with department oversight to assist with implementation of the recommendations and plans developed pursuant to subdivisions (i) and (j). Activities funded through these allocations may include, but are not limited to, pay differentials supporting direct care bilingual staff of community-based service providers, parent or caregiver education programs, cultural competency training for regional center staff, outreach to underserved populations, or additional culturally appropriate service types or service delivery models. (2) Each regional center shall consult with stakeholders regarding activities that may be effective in addressing disparities in the receipt of regional center services and the regional center’s proposed requests for the funding specified in paragraph (1). Each regional center shall identify the stakeholders it consulted with, including groups whose purchase of services data have been deidentified, and include information on how it incorporated the input of stakeholders into its requests. (3) A community-based organization may submit a request for grant funding pursuant to this subdivision. In order to protect confidential data, the department or a regional center may waive a grant application requirement to provide data supporting that application, if that data would be subject to deidentification pursuant to applicable federal or state privacy laws. The organization shall submit the request concurrently to the regional center of the jurisdiction in which the organization is located and to the department. The regional center shall provide the department with input regarding the request prior to the department’s final determination on the request. (4) The department shall review requests for funding within 45 days from the deadline specified in the department’s guidance to regional centers and community-based organizations. (5) Each regional center and community-based organization receiving funding shall report annually to the department, in a manner determined by the department, on how the funding allocations were used and shall include recommendations of priorities for activities that may be effective in addressing disparities, based on the consultation with stakeholders. (6) The department shall post the following information on its website: (A) By September 1 of any year in which grant funding is available and has not been allocated, a structure for the grant program, including all of the following information: (i) How community-based organizations reflecting groups that are disadvantaged by disparities in the purchase of services will be invited to participate in the grant program, including groups whose purchase of services data have been deidentified. (ii) How statewide strategies were considered. (iii) How the department will ensure grant funds are not used for activities that regional centers are otherwise required by statute or regulation to conduct. (iv) How funded activities will be evaluated. (v) How community-based organizations reflecting groups that are impacted by disparities can receive a waiver for the submission of data supporting that application, if that data would be subject to deidentification pursuant to applicable federal or state privacy laws. (B) By October 1 of any year in which grant funding is available and has not been allocated, the final invitation for requests for funding or another mechanism through which requests for funding are solicited. (C) By January 1 of any year in which grant funding has been allocated, a list of grant recipients, funding level per grant, and a description of the funded project. (D) By May 1 of any year in which the information is available, evaluation results from prior grants. To ensure the department complies with this subparagraph, regional centers and community-based organizations receiving funding shall provide the department, by March 1 of the same year, with an evaluation of funded activities and the effectiveness of those activities in reducing disparities in the purchase of services, to the extent information is available. The provision of data by community-based organizations reflecting groups that are impacted by disparities whose purchase of services data otherwise would have to be deidentified pursuant to applicable federal or state privacy laws may be waived for the purpose of reporting grant outcomes pursuant to this subdivision. (l) On or before December 31, 2021, the department shall contract with an entity or entities with demonstrated experience in quantitative and qualitative data evaluation to design and conduct an independent evaluation of the efforts to promote equity and reduce disparities pursuant to subdivision (k). (m) (1) The data compiled pursuant to subdivisions (a) and (b) shall be deidentified in accordance with Section 164.514 of Title 45 of the Code of Federal Regulations or with updated regulations regarding the deidentification of data in accordance with the federal Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191) prior to that data being disclosed publicly to third parties, including, but not limited to, stakeholders, or posted on internet websites. (2) The department shall deidentify purchase of services data pertaining to any regional center in a manner that maximizes transparency. (Amended by Stats. 2023, Ch. 44, Sec. 15. (AB 121) Effective July 10, 2023.)
  133. 4519.6.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1.6. General Provisions [4507 - 4519.11] ( Chapter 1.6 heading added by Stats. 2014, Ch. 178, Sec. 4. )

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    The department and the regional centers must work together every year to decide the best way to collect and compile data in a uniform manner about copayments, coinsurance, and deductibles paid by each regional center.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1.6. General Provisions [4507 - 4519.11] ( Chapter 1.6 heading added by Stats. 2014, Ch. 178, Sec. 4. ) ## 4519.6. The department and the regional centers shall annually collaborate to determine the most appropriate methods to collect and compile meaningful data in a uniform manner, as specified in Section 4519.5, related to the payment of copayments, coinsurance, and deductibles by each regional center. (Amended by Stats. 2014, Ch. 30, Sec. 14. (SB 856) Effective June 20, 2014.)
  134. 4519.7.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1.6. General Provisions [4507 - 4519.11] ( Chapter 1.6 heading added by Stats. 2014, Ch. 178, Sec. 4. )

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    Regional center employees are generally shielded from civil damages for good-faith discretionary acts done to carry out the division, with exceptions for gross negligence, certain Civil Code claims, and criminal acts.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1.6. General Provisions [4507 - 4519.11] ( Chapter 1.6 heading added by Stats. 2014, Ch. 178, Sec. 4. ) ## 4519.7. (a) Any regional center employee shall not be liable for civil damages on account of an injury or death resulting from an employee’s act or omission where the act or omission was the result of the exercise of the discretion vested in him or her, in good faith, in carrying out the intent of this division, except for acts or omissions of gross negligence or acts or omissions giving rise to a claim under Section 3294 of the Civil Code. This section shall not be applied to provide immunity from liability for any criminal act. (b) This section is not intended to change, alter, or affect the liability of regional centers, including, but not limited to, the vicarious liability of a regional center due to a negligent employee. (c) A regional center employee, when participating in filing a complaint or providing information as required by law regarding a consumer’s health, safety, or well-being, or participating in a judicial proceeding resulting therefrom, shall be presumed to be acting in good faith, and unless the presumption is rebutted, shall be immune from any liability, civil or criminal, and shall be immune from any penalty, sanction, or restriction that might be incurred or imposed. The presumption established by this subdivision is a presumption affecting the burden of producing evidence. (d) This section shall apply only to acts or omissions that occur on or after January 1, 2001. (Amended by Stats. 2008, Ch. 51, Sec. 1. Effective January 1, 2009.)
  135. 4519.8.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1.6. General Provisions [4507 - 4519.11] ( Chapter 1.6 heading added by Stats. 2014, Ch. 178, Sec. 4. )

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    The department must submit a rate study to legislative fiscal and policy committees by March 1, 2019.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1.6. General Provisions [4507 - 4519.11] ( Chapter 1.6 heading added by Stats. 2014, Ch. 178, Sec. 4. ) ## 4519.8. On or before March 1, 2019, the department shall submit a rate study to the appropriate fiscal and policy committees of the Legislature addressing the sustainability, quality, and transparency of community-based services for individuals with developmental disabilities. The department shall consult with stakeholders, through the developmental services task force process, in developing the study. The study shall include, but not be limited to, all of the following: (a) An assessment of the effectiveness of the methods used to pay each category of community service provider. This assessment shall include consideration of the following factors for each category of service provider: (1) Whether the current method of ratesetting for a service category provides an adequate supply of providers in that category, including, but not limited to, whether there is a sufficient supply of providers to enable consumers throughout the state to have a choice of providers, depending upon the nature of the service. (2) A comparison of the estimated fiscal effects of alternative rate methodologies for each service provider category. (3) How different rate methodologies can incentivize outcomes for consumers. (b) An evaluation of the number and type of service codes for regional center services, including, but not limited to, recommendations for simplifying and making service codes more reflective of the level and types of services provided. (Added by Stats. 2016, 2nd Ex. Sess., Ch. 3, Sec. 2. (AB 1 2x) Effective June 9, 2016.)
  136. 4519.9.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1.6. General Provisions [4507 - 4519.11] ( Chapter 1.6 heading added by Stats. 2014, Ch. 178, Sec. 4. )

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    The department must create and run a community navigator program, fund family resource centers to administer it, set funding guidelines, and collect and post reports.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 1.6. General Provisions [4507 - 4519.11] ( Chapter 1.6 heading added by Stats. 2014, Ch. 178, Sec. 4. ) ## 4519.9. (a) The department shall establish a community navigator program to promote the utilization of generic and regional center services by using community leaders, family members, or self-advocates to provide information and guidance to consumers and their families who could benefit from added support to navigate available resources. (1) The program shall be structured to utilize individuals and families who are receiving or have received regional center services to provide education to those individuals who are or may be eligible for regional center services regarding the developmental disabilities services system, agencies available to assist them, and other available resources. (2) The program shall focus on cultural and linguistic competency in supporting individuals and families to improve equitable access to regional center services. (b) The department shall engage stakeholders to obtain input on key elements for the community navigator program by August 31, 2021. (c) The department shall allocate funding to family resource centers to administer community navigator programs. (1) To the extent possible, each funded program shall share a culture or ethnicity, or both, community, and language with the individuals and families they support when offering assistance and education to reduce barriers in accessing services. (2) Each program funded pursuant to this subdivision shall assist individuals and families in accessing and utilizing generic and regional center services in their communities, including, but not limited to, assistance in building trust with regional center staff, education on available services, guidance on how to request needed services, and support from peers in the community who have experience with the regional center system. (d) The department shall issue funding guidelines regarding the selection of community navigator programs and the conditions under which the funding shall be used consistent with the requirements of this section. The guidelines shall be exempt from the rulemaking process of Chapter 3.5 (commencing with Section 11340) of Part 1 Division 3 of Title 2 of the Government Code. (e) A family resource center receiving funding for the purpose of the community navigator program shall report to the department in a manner and within a time period determined and outlined in guidance by the department on how the funding allocations were used and shall include recommendations of priorities for activities that may be effective in addressing disparities, including removing barriers to accessing and utilizing generic and regional center services. The department shall post these reports on its internet website by November 1, 2022. (Added by Stats. 2021, Ch. 76, Sec. 24. (AB 136) Effective July 16, 2021.)
  137. 452.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 13.5. Foster Care of Children [396 - 452] ( Article 13.5 added by Stats. 1980, Ch. 1229, Sec. 4. )

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    The court must hold a hearing before ending transition jurisdiction over a nonminor dependent, and the supervising agency must provide reports, verification, and other required information for that hearing.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 13.5. Foster Care of Children [396 - 452] ( Article 13.5 added by Stats. 1980, Ch. 1229, Sec. 4. ) ## 452. (a) The court shall hold a hearing prior to terminating transition jurisdiction over a nonminor dependent. (b) At a hearing during which termination of transition jurisdiction over a nonminor dependent is being considered, the court shall continue its jurisdiction to allow a nonminor dependent who is eligible for foster care placement pursuant to Section 11403 to remain in foster care, unless the court finds that after reasonable and documented efforts, the nonminor dependent cannot be located or does not wish to remain a nonminor dependent. In making this finding, the court shall ensure that the nonminor dependent has had an opportunity to confer with his or her counsel and has been informed of his or her options, including the right to reenter foster care placement by completing a voluntary reentry agreement, as described in subdivision (z) of Section 11400, and the right to file a petition pursuant to subdivision (e) of Section 388 to resume transition jurisdiction pursuant to Section 450. (c) The agency responsible under the county protocol for supervising a nonminor dependent subject to the court’s transition jurisdiction shall complete all of the following actions for a hearing during which termination of transition jurisdiction over a nonminor dependent is being considered: (1) Ensure that the nonminor dependent is present in court for the hearing, unless the nonminor dependent has waived his or her right to appear in court and elects to appear by telephone instead or document the reasonable efforts it made to locate the nonminor dependent when the nonminor dependent is not available to appear at the hearing. (2) Submit a report describing whether it is in the nonminor dependent’s best interests to remain under the court’s jurisdiction. (3) Submit the completed 90-day transition plan. (4) The placing agency’s report shall address the manner in which the nonminor was informed of his or her right to reenter foster care prior to attaining 21 years of age, if the nonminor dependent has indicated that he or she does not want juvenile court transition jurisdiction to continue. (5) Submit written verification that the information, documents, and services set forth in paragraphs 1 to 8, inclusive, of subdivision (e) of Section 391 have been provided to the nonminor dependent. (6) Certify that the requirements set forth in Section 607.5 have been completed. (d) If the court terminates transition jurisdiction, the nonminor shall remain within the general jurisdiction of the court until the nonminor attains 21 years of age to allow for the filing of a petition to resume juvenile court transition jurisdiction under subdivision (e) of Section 388, although no review proceedings shall be required. (Added by Stats. 2011, Ch. 459, Sec. 14. (AB 212) Effective October 4, 2011.)
  138. 4520.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 2. State Council On Developmental Disabilities [4520 - 4555] ( Chapter 2 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Composition and Appointments [4520 - 4523] ( Article 1 added by Stats. 1977, Ch. 1252. )

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    This section creates the State Council on Developmental Disabilities and lets it use allocated funds, including nonfederal money, if consistent with applicable law.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 2. State Council On Developmental Disabilities [4520 - 4555] ( Chapter 2 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Composition and Appointments [4520 - 4523] ( Article 1 added by Stats. 1977, Ch. 1252. ) ## 4520. (a) A State Council on Developmental Disabilities with authority independent of any single state service agency is hereby created. (b) The Legislature finds that in each of the 56 states and territories, the federal Developmental Disabilities Assistance and Bill of Rights Act of 2000 (Public Law 106-402 (42 U.S.C. Sec. 15001 et seq.)) establishes State Councils on Developmental Disabilities that work to promote the core values of the act, including self-determination, independence, productivity, integration, and inclusion in all aspects of community life. (c) The Legislature finds that California’s State Council on Developmental Disabilities was established pursuant to the federal Developmental Disabilities Assistance and Bill of Rights Act of 2000 to engage in advocacy, capacity building, and systemic change activities that are consistent with the policy contained in federal law and contribute to a coordinated, consumer- and family-centered, consumer- and family-directed, comprehensive system that includes the provision of needed community services, individualized supports, and other forms of assistance that promote self-determination for individuals with developmental disabilities and their families. It is the intent of the Legislature that the state council independently exercise its authority and responsibilities under federal law, expend its federal funding allocation, and exercise all powers and duties that may be necessary to carry out the purposes contained in applicable federal law. (d) The Legislature finds that the federal Developmental Disabilities Assistance and Bill of Rights Act of 2000 requires the council to promote certain principles that include all of the following: (1) Individuals with developmental disabilities, including those with the most severe developmental disabilities, are capable of self-determination, independence, productivity, and integration and inclusion in all facets of community life, but often require the provision of community services, individualized supports, and other forms of assistance. (2) Individuals with developmental disabilities and their families have competencies, capabilities, and personal goals that should be recognized, supported, and encouraged, and any assistance to these individuals should be provided in an individualized manner, consistent with the unique strengths, resources, priorities, concerns, abilities, and capabilities of these individuals. (3) Individuals with developmental disabilities and their families are the primary decisionmakers regarding the services and supports these individuals and their families receive, including choosing where an individual lives from available options, and have decisionmaking roles in policies and programs that affect the lives of these individuals and their families. (e) (1) The Legislature finds that the state council faces unique challenges in ensuring access and furthering these principles due to the state’s size, diversity, and a service delivery system that promotes significant local control. (2) Therefore, it is the intent of the Legislature that the state council, consistent with its authority and responsibilities under federal law, ensure that the council is accessible and responsive to the diverse geographic, racial, ethnic, and language needs of individuals with developmental disabilities and their families throughout California, which in part may, as determined by the state council, be achieved through the establishment of regional offices, the number and location of which may be determined by the state council. (f) This chapter, Chapter 3 (commencing with Section 4561), and Division 4.7 (commencing with Section 4900), are intended by the Legislature to secure full compliance with the requirements of the federal Developmental Disabilities Assistance and Bill of Rights Act of 2000 as amended and extended, which provides federal funds to assist the state in planning, coordinating, monitoring, and evaluating services for persons with developmental disabilities and in establishing a system to protect and advocate the legal and civil rights of persons with developmental disabilities. (g) The state council may use funds and other moneys allocated to the state council in accordance with the purposes of the federal Developmental Disabilities Assistance and Bill of Rights Act of 2000. This section does not preclude the state council from using moneys other than moneys provided through the federal Developmental Disabilities Assistance and Bill of Rights Act of 2000 in any manner consistent with applicable federal and state law. (Amended by Stats. 2015, Ch. 303, Sec. 575. (AB 731) Effective January 1, 2016.)
  139. 4520.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 2. State Council On Developmental Disabilities [4520 - 4555] ( Chapter 2 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Composition and Appointments [4520 - 4523] ( Article 1 added by Stats. 1977, Ch. 1252. )

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    The state council must determine the structure of its organization.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 2. State Council On Developmental Disabilities [4520 - 4555] ( Chapter 2 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Composition and Appointments [4520 - 4523] ( Article 1 added by Stats. 1977, Ch. 1252. ) ## 4520.5. Notwithstanding any other law, the state council shall determine the structure of its organization, as required by the federal Developmental Disabilities Assistance and Bill of Rights Act of 2000 (Public Law 106-402 (42 U.S.C. Sec. 15001 et seq.)). (Amended by Stats. 2015, Ch. 303, Sec. 576. (AB 731) Effective January 1, 2016.)
  140. 4521.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 2. State Council On Developmental Disabilities [4520 - 4555] ( Chapter 2 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Composition and Appointments [4520 - 4523] ( Article 1 added by Stats. 1977, Ch. 1252. )

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    This section sets the State Council on Developmental Disabilities, defines key terms, requires the Governor to appoint 31 voting members, and requires council vacancy notices to the Governor.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 2. State Council On Developmental Disabilities [4520 - 4555] ( Chapter 2 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Composition and Appointments [4520 - 4523] ( Article 1 added by Stats. 1977, Ch. 1252. ) ## 4521. (a) (1) All references to “council” or “state council” in this division shall be a reference to the State Council on Developmental Disabilities. (2) “Developmental disability,” as used in this chapter, means a developmental disability as defined in Section 15002(8) of Title 42 of the United States Code. (b) There shall be 31 voting members on the state council appointed by the Governor from among the residents of the state, as follows: (1) (A) Twenty members of the council shall be nonagency members who reflect the socioeconomic, geographic, disability, racial, ethnic, and language diversity of the state, and who shall be persons with a developmental disability or their parents, immediate relatives, guardians, or conservators residing in California. Of the 20 members: (i) At least seven members shall be persons with developmental disabilities. (ii) At least seven members shall be a person who is a parent, immediate relative, guardian, or conservator of a person with a developmental disability. (iii) At least one of the members shall be a person with a developmental disability who is a current or former resident of an institution or his or her immediate relative, guardian, or conservator. (B) To ensure that state council membership is geographically representative, as required by federal law, the Governor shall appoint the members described in clauses (i) and (ii) of subparagraph (A) from the geographical area of each regional office, if regional offices have been established by the council. Each member described in clauses (i) and (ii) of subparagraph (A) may, in the discretion of the state council, serve as a liaison from the state council to consumers and family members in the geographical area that he or she is from. (2) Eleven members of the council shall include the following: (A) The Secretary of California Health and Human Services, or his or her designee, who shall represent the agency and the state agency that administers funds under Title XIX of the Social Security Act for people with developmental disabilities. (B) The Director of Developmental Services or his or her designee. (C) The Director of Rehabilitation or his or her designee. (D) The Superintendent of Public Instruction or his or her designee. (E) A representative from a nongovernmental agency or group concerned with the provision of services to persons with developmental disabilities. (F) One representative from each of the three university centers for excellence in the state, pursuant to Section 15061 et seq. of Title 42 of the United States Code, providing training in the field of developmental services, or his or her designee. These individuals shall have expertise in the field of developmental disabilities. (G) The Director of Health Care Services or his or her designee. (H) The executive director of the agency established in California to fulfill the requirements and assurance of Title I, Subtitle C, of the federal Developmental Disabilities Assistance and Bill of Rights Act of 2000 for a system to protect and advocate the rights of persons with developmental disabilities, or his or her designee. (I) The Director of the California Department of Aging or his or her designee. (c) Prior to appointing the members described in paragraph (1) of, and subparagraph (E) of paragraph (2) of, subdivision (b), the Governor shall consult with the current members of the council, including nonagency members of the council, and consider recommendations from organizations representing persons with a broad range of developmental disabilities, or persons interested in, or providing services to, or both, persons with developmental disabilities. (d) The term of each member described in paragraph (1) of, and subparagraph (E) of paragraph (2) of, subdivision (b) shall be for three years. The term of these members shall begin on the date of appointment by the Governor and these members shall serve no more than two terms. (e) A member may continue to serve following the expiration of his or her term until the Governor appoints that member’s successor. The state council shall notify the Governor regarding membership requirements of the council and shall notify the Governor, in writing, immediately when a vacancy occurs prior to the expiration of a member’s term, at least six months before a member’s term expires, and when a vacancy on the council remains unfilled for more than 60 days. (Amended by Stats. 2015, Ch. 303, Sec. 577. (AB 731) Effective January 1, 2016.)
  141. 4521.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 2. State Council On Developmental Disabilities [4520 - 4555] ( Chapter 2 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Composition and Appointments [4520 - 4523] ( Article 1 added by Stats. 1977, Ch. 1252. )

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    Each designee stands in for the appointing director or secretary at State Council meetings and may count toward quorum, participate, and vote.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 2. State Council On Developmental Disabilities [4520 - 4555] ( Chapter 2 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Composition and Appointments [4520 - 4523] ( Article 1 added by Stats. 1977, Ch. 1252. ) ## 4521.5. Notwithstanding Section 7.5 of the Government Code, each designee shall act as the member in his or her place and stead to all intents and purposes as though the director or secretary were personally present, including the right of the designee to be counted in constituting a quorum to participate in the proceeding of the state council and to vote upon any and all matters. Each designee shall have the right to represent the director or secretary who appointed him or her regardless of the number of other designees representing directors or secretaries at a particular meeting or session of the state council. Each designee shall represent only one director or secretary at any meeting or session of the state council. (Amended by Stats. 2008, Ch. 419, Sec. 2. Effective January 1, 2009.)
  142. 4521.6.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 2. State Council On Developmental Disabilities [4520 - 4555] ( Chapter 2 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Composition and Appointments [4520 - 4523] ( Article 1 added by Stats. 1977, Ch. 1252. )

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    For this chapter, the Governor’s appointment of certain named officials also counts as appointing them as members of the State Council on Developmental Disabilities.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 2. State Council On Developmental Disabilities [4520 - 4555] ( Chapter 2 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Composition and Appointments [4520 - 4523] ( Article 1 added by Stats. 1977, Ch. 1252. ) ## 4521.6. For purposes of this chapter, the Governor’s appointment of the Secretary of Health and Human Services, the Director of the California Department of Aging, Director of Developmental Services, Director of Health Services, and Director of the Department of Rehabilitation shall also constitute his or her appointment as a member of the State Council on Developmental Disabilities. (Added by Stats. 2002, Ch. 676, Sec. 7. Effective January 1, 2003.)
  143. 4522.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 2. State Council On Developmental Disabilities [4520 - 4555] ( Chapter 2 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Composition and Appointments [4520 - 4523] ( Article 1 added by Stats. 1977, Ch. 1252. )

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    This section says the chapter does not block reappointment or replacement of a current state council member if the action follows the chapter’s criteria.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 2. State Council On Developmental Disabilities [4520 - 4555] ( Chapter 2 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Composition and Appointments [4520 - 4523] ( Article 1 added by Stats. 1977, Ch. 1252. ) ## 4522. Nothing in this chapter shall prevent the reappointment or replacement of any individual presently serving on the existing state council if the reappointment or replacement is in conformity with all of the criteria established in this chapter. (Amended by Stats. 2002, Ch. 676, Sec. 8. Effective January 1, 2003.)
  144. 4523.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 2. State Council On Developmental Disabilities [4520 - 4555] ( Chapter 2 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Composition and Appointments [4520 - 4523] ( Article 1 added by Stats. 1977, Ch. 1252. )

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    People appointed to the state council must show interest and leadership in human service activities, including work related to Californians with developmental disabilities, their families, services, and supports.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 2. State Council On Developmental Disabilities [4520 - 4555] ( Chapter 2 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Composition and Appointments [4520 - 4523] ( Article 1 added by Stats. 1977, Ch. 1252. ) ## 4523. Persons appointed to membership on the state council shall have demonstrated interest and leadership in human service activities, including interest in Californians who have developmental disabilities, their families, services, and supports. (Amended by Stats. 2002, Ch. 676, Sec. 9. Effective January 1, 2003.)
  145. 4525.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 2. State Council On Developmental Disabilities [4520 - 4555] ( Chapter 2 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Conflict of Interest [4525- 4525.] ( Article 2 added by Stats. 1977, Ch. 1252. )

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    State council members may not be employees of service providers or serve on the governing board of a service provider when the service is funded in whole or in part with state funds.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 2. State Council On Developmental Disabilities [4520 - 4555] ( Chapter 2 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Conflict of Interest [4525- 4525.] ( Article 2 added by Stats. 1977, Ch. 1252. ) ## 4525. (a) In order to prevent any potential conflicts of interest, members of the state council may not be employees of a state, local, or private agency or facility that provides services to persons with a developmental disability, or be members of the governing board of any entity providing the service, when the service is funded in whole or in part with state funds. (b) For purposes of this section, “employees of a state, local, or private agency or facility that provides services to persons with a developmental disability” shall not be deemed to include any of the following: (1) A parent, relative, guardian or conservator, who receives public funds expressly for the purpose of providing direct services to his or her child, relative, ward or conservatee, respectively, who is a person with a developmental disability. (2) A person with a developmental disability who receives employment services through a provider receiving state or federal funds, or who receives funds directly to pay for his or her own services and supports. (3) A person who serves as a member of a regional advisory committee of the state council, established pursuant to Article 6. (c) This section shall not apply to the appointments made pursuant to subparagraphs (A), (B), (C), (D), (F), (G), (H), and (I) of paragraph (2) of subdivision (b) of Section 4521. (Amended by Stats. 2014, Ch. 409, Sec. 8. (AB 1595) Effective January 1, 2015.)
  146. 4530.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 2. State Council On Developmental Disabilities [4520 - 4555] ( Chapter 2 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 3. Designated State Agency [4530- 4530.] ( Heading of Article 3 amended by Stats. 2014, Ch. 409, Sec. 9. )

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    The California Health and Human Services Agency is the designated state agency for support to the state council, and the agency secretary must provide requested support services.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 2. State Council On Developmental Disabilities [4520 - 4555] ( Chapter 2 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 3. Designated State Agency [4530- 4530.] ( Heading of Article 3 amended by Stats. 2014, Ch. 409, Sec. 9. ) ## 4530. (a) The California Health and Human Services Agency shall be the designated state agency for support to the state council. The agency secretary shall ensure the state council is provided efficient accounting, financial management, personnel, and other reasonable support services when requested by the council in the performance of its mandated responsibilities. (b) The designation of the California Health and Human Services Agency shall not limit the council’s scope of concern to health programs or limit the council’s responsibilities or functions regarding all other pertinent state and local programs, as defined in Article 5 (commencing with Section 4540) of this chapter. (c) The designation of the California Health and Human Services Agency shall not interfere in any way with the provisions of Section 4552 requiring all personnel employed by the council to be solely responsible, organizationally and administratively, to the council. (Amended by Stats. 2014, Ch. 409, Sec. 10. (AB 1595) Effective January 1, 2015.)
  147. 4535.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 2. State Council On Developmental Disabilities [4520 - 4555] ( Chapter 2 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 4. Organization [4535- 4535.] ( Article 4 added by Stats. 1977, Ch. 1252. )

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    The state council must meet at least six times a year, keep meetings and records public, and manage its own leadership and committees.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 2. State Council On Developmental Disabilities [4520 - 4555] ( Chapter 2 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 4. Organization [4535- 4535.] ( Article 4 added by Stats. 1977, Ch. 1252. ) ## 4535. (a) The state council shall meet at least six times per year, and, upon call of its chairperson, as often as necessary to fulfill its duties. All meetings and records of the state council shall be open to the public. (b) The state council shall, by majority vote of the voting members, elect its own chairperson and vice chairperson who shall have full voting rights on all state council actions, from among the appointed members, described in paragraph (1) of subdivision (b) of Section 4521. The council shall establish any committees it deems necessary or desirable. The chairperson shall appoint all members of committees of the state council. The chairs and vice chairs of the state council and its standing committees shall be individuals with a developmental disability, or the parent, sibling, guardian, or conservator of an individual with a developmental disability. (c) The state council may appoint technical advisory consultants and may establish committees composed of professional persons serving persons with developmental disabilities as necessary for technical assistance. The state council may call upon representatives of all agencies receiving state or federal funds for assistance and information, and shall invite persons with developmental disabilities, their parents, guardians, or conservators, professionals, or members of the general public to participate on state council committees, when appropriate. (d) When convening any task force or advisory group, the state council shall make its best effort to ensure representation by consumers and family members representing the state’s multicultural diversity. (Amended by Stats. 2014, Ch. 409, Sec. 11. (AB 1595) Effective January 1, 2015.)
  148. 4540.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 2. State Council On Developmental Disabilities [4520 - 4555] ( Chapter 2 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 5. State Council Functions [4540 - 4541] ( Article 5 added by Stats. 1977, Ch. 1252. )

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    The state council must carry out listed planning, advocacy, reporting, and coordination functions, and it may not run day-to-day service programs or manage funds except as otherwise provided.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 2. State Council On Developmental Disabilities [4520 - 4555] ( Chapter 2 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 5. State Council Functions [4540 - 4541] ( Article 5 added by Stats. 1977, Ch. 1252. ) ## 4540. The state council, established pursuant to the federal Developmental Disabilities Assistance and Bill of Rights Act of 2000 (Public Law 106-402 (42 U.S.C. Sec. 15001 et seq.)), shall do all of the following: (a) Serve as an advocate for individuals with developmental disabilities and, through council members, staff, consultants, and contractors and grantees, conduct advocacy, capacity building, and systemic change activities. (b) Develop and implement the state plan in accordance with requirements issued by the United States Secretary of Health and Human Services, monitor and evaluate the implementation of this plan, and submit reports as the United States Secretary of Health and Human Services may reasonably request. The state council may review and comment on other plans and programs in the state affecting individuals with developmental disabilities. (c) Serve as the official agency responsible for planning the provision of the federal funds allotted to the state under Public Law 106-402 (42 U.S.C. Sec. 15001 et seq.), by conducting and supporting advocacy, capacity building, and systemic change activities. The council may itself conduct these activities and may provide grant funding to local agencies in compliance with applicable state and federal law, for those same purposes. (d) Prepare and approve a budget, for the use of amounts paid to the state to hire any staff and to obtain the services of any professional, technical, or clerical personnel consistent with state and federal law, as the council determines to be necessary to carry out its functions. (e) To the extent that resources are available, implement the state plan by conducting activities including, but not limited to, all of the activities specified in paragraphs (1) to (11), inclusive. (1) Encouraging and assisting in the establishment or strengthening of self-advocacy organizations led by individuals with developmental disabilities. (2) Supporting and conducting geographically based outreach activities to identify individuals with developmental disabilities and their families who otherwise might not come to the attention of the council and assist and enable the individuals and families to obtain services, individualized supports, and other forms of assistance, including access to special adaptation of generic community services or specialized services. (3) Supporting and conducting training for persons who are individuals with developmental disabilities, their families, and personnel, including professionals, paraprofessionals, students, volunteers, and other community members, to enable those persons to obtain access to, or to provide, community services, individualized supports, and other forms of assistance, including special adaptation of generic community services or specialized services for individuals with developmental disabilities and their families. (4) Supporting and conducting technical assistance activities to assist public and private entities to contribute to the objectives of the state plan. (5) Supporting and conducting activities to assist neighborhoods and communities to respond positively to individuals with developmental disabilities and their families. (6) Supporting and conducting activities to promote interagency collaboration and coordination at the state and local levels to better serve, support, assist, or advocate for individuals with developmental disabilities and their families. (7) Coordinating with related councils, committees, and programs to enhance coordination of services. (8) Supporting and conducting activities to eliminate barriers to access and use of community services by individuals with disabilities, enhance systems design and redesign, and enhance citizen participation to address issues identified in the state plan. (9) Supporting and conducting activities to educate the public about the capabilities, preferences, and needs of individuals with developmental disabilities and their families, and to develop and support coalitions that support the policy agenda of the council, including training in self-advocacy, education of policymakers, and citizen leadership roles. (10) Supporting and conducting activities to provide information to policymakers by supporting and conducting studies and analyses, gathering information, and developing and disseminating model policies and procedures, information, approaches, strategies, findings, conclusions, and recommendations. The council may provide the information directly to federal, state, and local policymakers, including the Congress of the United States, the federal executive branch, the Governor, the Legislature, and state agencies in order to increase the abilities of those policymakers to offer opportunities and enhance or adapt generic services to meet the needs of, or provide specialized services to, individuals with developmental disabilities and their families. (11) Supporting, on a time-limited basis, activities to demonstrate new approaches to serving individuals with developmental disabilities that are a part of an overall strategy for systemic change. (f) Prepare an annual written report of its activities, its recommendations, and an evaluation of the efficiency of the administration of this division to the Governor and the Legislature. This report shall include both the statewide and regional activities of the state council. This report shall be submitted to the Legislature in accordance with Section 9795 of the Government Code. (g) Except as otherwise provided in this division, the state council shall not engage in the administration of the day-to-day operation of service programs identified in the state plan, nor in the financial management and accounting of funds. (Amended by Stats. 2015, Ch. 303, Sec. 578. (AB 731) Effective January 1, 2016.)
  149. 4541.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 2. State Council On Developmental Disabilities [4520 - 4555] ( Chapter 2 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 5. State Council Functions [4540 - 4541] ( Article 5 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The state council may carry out several activities to implement the state plan, including appointing representatives for certain people with developmental disabilities and holding hearings, reviews, reports, and investigations.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 2. State Council On Developmental Disabilities [4520 - 4555] ( Chapter 2 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 5. State Council Functions [4540 - 4541] ( Article 5 added by Stats. 1977, Ch. 1252. ) ## 4541. The state council may, in its discretion, and in addition to the activities specified in subdivision (e) of Section 4540, implement the state plan by conducting activities that may include, but are not limited to, the following: (a) Appointing an authorized representative for persons with developmental disabilities according to all of the following: (1) To ensure the protection of civil and service rights of persons with developmental disabilities, the state council may appoint a representative to assist the person in expressing his or her desires and in making decisions and advocating his or her needs, preferences, and choices, when the person with developmental disabilities has no parent, guardian, or conservator legally authorized to represent him or her and the person has either requested the appointment of a representative or the rights or interests of the person, as determined by the state council, will not be properly protected or advocated without the appointment of a representative. (2) When there is no guardian or conservator, the individual’s choice, if expressed, including the right to reject the assistance of a representative, shall be honored. If the person does not express a preference, the order of preference for selection of the representative shall be the person’s parent, involved family members, or a volunteer selected by the state council. In establishing these preferences, it is the intent of the Legislature that parents or involved family members shall not be required to be appointed guardian or conservator in order to be selected. Unless the person with developmental disabilities expresses otherwise, or good cause otherwise exists, the request of the parents or involved family members to be appointed the representative shall be honored. (3) Pursuant to this section, the state council shall appoint a representative to advocate the rights and protect the interest of a person residing in a developmental center for whom community placement is proposed pursuant to Section 4803. The representative may obtain the advocacy assistance of the regional center clients’ rights advocate. (b) Conducting public hearings and forums and the evaluation and issuance of public reports on the programs identified in the state plan, as may be necessary to carry out the duties of the state council. (c) Identifying the denial of rights of persons with disabilities and informing the appropriate local, state, or federal officials of their findings, and assisting these officials in eliminating all forms of discrimination against persons with developmental disabilities in housing, recreation, education, health and mental health care, employment, and other service programs available to the general population. (d) Reviewing and commenting on pertinent portions of the proposed plans and budgets of all state agencies serving persons with developmental disabilities including, but not limited to, the State Department of Education, the Department of Rehabilitation, and the State Department of Developmental Services, and local agencies to the extent resources allow. (e) (1) Promoting systems change and implementation by reviewing the policies and practices of publicly funded agencies that serve or may serve persons with developmental disabilities to determine if the programs are meeting their obligations, under local, state, and federal laws. If the state council finds that the agency is not meeting its obligations, the state council may inform the director and the governing board of the noncomplying agency, in writing, of its findings. (2) Within 15 days, the agency shall respond, in writing, to the state council’s findings. Following receipt of the agency’s response, if the state council continues to find that the agency is not meeting its obligations, the state council may pursue informal efforts to resolve the issue. (3) If, within 30 days of implementing informal efforts to resolve the issue, the state council continues to find that the agency is not meeting its obligations under local, state, or federal statutes, the state council may conduct a public hearing to receive testimony on its findings. (4) The state council may take any action it deems necessary to resolve the problem. (f) Reviewing and publicly commenting on significant regulations proposed to be promulgated by any state agency in the implementation of this division. (g) Monitoring and evaluating the effectiveness of appeals procedures established in this division. (h) Providing testimony to legislative committees reviewing fiscal or policy matters pertaining to persons with developmental disabilities. (i) Conducting, or causing to be conducted, investigations or public hearings to resolve disagreements between state agencies, or between state and regional or local agencies, or between persons with developmental disabilities and agencies receiving state funds. These investigations or public hearings shall be conducted at the discretion of the state council only after all other appropriate administrative procedures for appeal, as established in state and federal law, have been fully utilized. (j) Any other activities prescribed in statute that are consistent with the purposes of the federal Developmental Disabilities Assistance and Bill of Rights Act of 2000 (Public Law 106-402 (42 U.S.C. Sec. 15001 et seq.)) and the state plan developed pursuant to subdivision (b) of Section 4540. (Amended by Stats. 2015, Ch. 303, Sec. 579. (AB 731) Effective January 1, 2016.)
  150. 4544.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 2. State Council On Developmental Disabilities [4520 - 4555] ( Chapter 2 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 6. State Council Regional Offices and Advisory Committees [4544 - 4548] ( Heading of Article 6 amended by Stats. 2014, Ch. 409, Sec. 14. )

    Verify source ↗

    The state council may create and run regional offices, and those offices may be advised by regional advisory committees.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 2. State Council On Developmental Disabilities [4520 - 4555] ( Chapter 2 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 6. State Council Regional Offices and Advisory Committees [4544 - 4548] ( Heading of Article 6 amended by Stats. 2014, Ch. 409, Sec. 14. ) ## 4544. (a) (1) The state council may establish regional offices that are accessible to and responsive to the diverse geographic, ethnic, and language needs of consumers and families throughout the state. As of January 1, 2015, regional offices of the state council in existence as of December 31, 2014, shall continue to exist, within the same geographic regions of the state. (2) Effective January 1, 2015, the state council shall have full authority to establish, maintain, and operate regional offices, including the number and location of those offices. (b) To ensure involvement of persons with developmental disabilities, their families, and other members of the public at the regional level and to ensure the responsiveness of the state council to the geographic, ethnic, and language diversity of the state, any regional office established by the state council may be advised by a regional advisory committee. As of January 1, 2015, advisory boards of the regional offices, known as area boards on developmental disabilities, in existence on December 31, 2014, shall thereafter be known as state council regional advisory committees. (c) All references to “regional office” in this chapter shall be a reference to state council regional offices. All references to “regional advisory committees” in this chapter shall be a reference to state council regional advisory committees. (d) Any state council regional offices and advisory committees established by the state council shall be constituted and shall operate according to policies and procedures that may be established by the council. (Amended by Stats. 2014, Ch. 409, Sec. 16. (AB 1595) Effective January 1, 2015.)
  151. 4545.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 2. State Council On Developmental Disabilities [4520 - 4555] ( Chapter 2 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 6. State Council Regional Offices and Advisory Committees [4544 - 4548] ( Heading of Article 6 amended by Stats. 2014, Ch. 409, Sec. 14. )

    Verify source ↗

    The state council may periodically review the number and boundaries of regional offices, and public notice must be given at least 120 days before any changes.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 2. State Council On Developmental Disabilities [4520 - 4555] ( Chapter 2 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 6. State Council Regional Offices and Advisory Committees [4544 - 4548] ( Heading of Article 6 amended by Stats. 2014, Ch. 409, Sec. 14. ) ## 4545. The state council may periodically review the number and geographic boundaries of regional offices needed to effectively implement this division, by methods including, but not limited to, conducting public hearings in affected regions and seeking input from regional advisory committees, persons with developmental disabilities, family members, service providers, advocates, and other interested parties. Public notice shall be provided at least 120 days before any changes in the number of or boundaries of regional offices. (Repealed and added by Stats. 2014, Ch. 409, Sec. 18. (AB 1595) Effective January 1, 2015.)
  152. 4546.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 2. State Council On Developmental Disabilities [4520 - 4555] ( Chapter 2 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 6. State Council Regional Offices and Advisory Committees [4544 - 4548] ( Heading of Article 6 amended by Stats. 2014, Ch. 409, Sec. 14. )

    Verify source ↗

    The council must set, by its own policies and procedures, how the membership of certain regional advisory committees will be determined when members’ terms expire.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 2. State Council On Developmental Disabilities [4520 - 4555] ( Chapter 2 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 6. State Council Regional Offices and Advisory Committees [4544 - 4548] ( Heading of Article 6 amended by Stats. 2014, Ch. 409, Sec. 14. ) ## 4546. The membership of any regional advisory committees established or continued by the state council prior to January 1, 2015, shall, upon expiration of the terms of individuals who are members of those committees on January 1, 2015, be determined through policies and procedures established by the council. (Repealed and added by Stats. 2014, Ch. 409, Sec. 20. (AB 1595) Effective January 1, 2015.)
  153. 4548.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 2. State Council On Developmental Disabilities [4520 - 4555] ( Chapter 2 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 6. State Council Regional Offices and Advisory Committees [4544 - 4548] ( Heading of Article 6 amended by Stats. 2014, Ch. 409, Sec. 14. )

    Verify source ↗

    Regional advisory committees must carry out specified advisory, informational, and support activities when the state council requests them.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 2. State Council On Developmental Disabilities [4520 - 4555] ( Chapter 2 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 6. State Council Regional Offices and Advisory Committees [4544 - 4548] ( Heading of Article 6 amended by Stats. 2014, Ch. 409, Sec. 14. ) ## 4548. Any regional advisory committee established shall, at the request of the state council, do all of the following: (a) Advise the state council and its regional office on local issues and identify and provide input regarding local systemic needs within its community. (b) Provide input and be a source of data for the state council to consider in the formulation of the state plan. (c) Provide public information programs for consumers, families, professional groups, and for the general public to increase professional and public awareness of areas identified in the state plan. (d) Engage in other activities as requested by the state council. (Repealed and added by Stats. 2014, Ch. 409, Sec. 23. (AB 1595) Effective January 1, 2015.)
  154. 4550.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 2. State Council On Developmental Disabilities [4520 - 4555] ( Chapter 2 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 7. State Council Costs and Support Services [4550 - 4555] ( Heading of Article 7 amended by Stats. 2014, Ch. 409, Sec. 24. )

    Verify source ↗

    The state must allocate certain federal disability funds for state council operating costs, and council members are entitled to $100 per day for qualifying work plus reimbursement of actual and necessary expenses.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 2. State Council On Developmental Disabilities [4520 - 4555] ( Chapter 2 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 7. State Council Costs and Support Services [4550 - 4555] ( Heading of Article 7 amended by Stats. 2014, Ch. 409, Sec. 24. ) ## 4550. The state council’s operating costs may include honoraria for state council members and actual and necessary expenses for state council members and regional advisory committee members, as described in this article, and other administrative, professional, and secretarial support services necessary to the operation of the state council. Federal developmental disability funds received by the state under Public Law 106-402 (42 U.S.C. Sec. 15001 et seq.), shall be allotted in any one year for these operating costs. Each member of the state council shall receive one hundred dollars ($100) per day for each full day of work performed directly related to council business, not to exceed 50 days in any fiscal year, and shall be reimbursed for any actual and necessary expenses incurred in connection with the performance of their duties under this division. (Amended by Stats. 2014, Ch. 409, Sec. 25. (AB 1595) Effective January 1, 2015.)
  155. 4551.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 2. State Council On Developmental Disabilities [4520 - 4555] ( Chapter 2 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 7. State Council Costs and Support Services [4550 - 4555] ( Heading of Article 7 amended by Stats. 2014, Ch. 409, Sec. 24. )

    Verify source ↗

    The state council must appoint an executive director, and the executive director appoints needed staff. Some staff are exempt from civil service, may be transitioned into civil service positions, and certain employees keep employment and salary protections. Eligible former exempt employees may apply for civil service exams.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 2. State Council On Developmental Disabilities [4520 - 4555] ( Chapter 2 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 7. State Council Costs and Support Services [4550 - 4555] ( Heading of Article 7 amended by Stats. 2014, Ch. 409, Sec. 24. ) ## 4551. (a) Within the limit of funds allotted for these purposes, the state council shall appoint an executive director. All state council employees that the state council may require shall be appointed by the executive director. (b) The executive director of the state council shall be exempt from civil service. All state council staff positions exempt from civil service on December 31, 2014, shall remain exempt on January 1, 2015, and thereafter, until the position becomes vacant or is transitioned to a civil service position. (c) Each person who is a member of the state council staff, is exempt from civil service, and is employed by the state council on December 31, 2014, shall continue to be employed in a job classification at the same or higher salary by the state council on January 1, 2015, and thereafter, unless he or she resigns or is terminated from employment. (d) The state council may transition staff positions that were exempt from civil service on December 31, 2014, to civil service positions. Civil service positions shall be established for any positions that are transitioned pursuant to this subdivision. (e) Notwithstanding any other law, a person who was a state council employee exempt from civil service on December 31, 2014, shall be eligible to apply for civil service examinations, including promotional civil service examinations described in Section 18992 of the Government Code. A person receiving a passing score shall have his or her name placed on lists resulting from these examinations, or otherwise gain eligibility for appointment. In evaluating minimum qualifications, experience in state council exempt positions shall be considered state civil service experience in a class deemed comparable by the State Personnel Board, based on the duties and responsibilities assigned. (Repealed and added by Stats. 2014, Ch. 409, Sec. 27. (AB 1595) Effective January 1, 2015.)
  156. 4552.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 2. State Council On Developmental Disabilities [4520 - 4555] ( Chapter 2 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 7. State Council Costs and Support Services [4550 - 4555] ( Heading of Article 7 amended by Stats. 2014, Ch. 409, Sec. 24. )

    Verify source ↗

    The state council may hire outside help, and its employees must remain organizationally and administratively responsible to the council.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 2. State Council On Developmental Disabilities [4520 - 4555] ( Chapter 2 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 7. State Council Costs and Support Services [4550 - 4555] ( Heading of Article 7 amended by Stats. 2014, Ch. 409, Sec. 24. ) ## 4552. The state council may contract for additional assistance with any public or private agency or individual to carry out planning, monitoring, evaluation, and other responsibilities under this division. In order to comply with Public Law 106-402 (42 U.S.C. Sec. 15001 et seq.) regulations, all personnel employed by the state council shall be solely responsible, organizationally and administratively, to the state council. The state council, through its executive director, shall have responsibility for the selection, hiring, and supervision of all its personnel. (Amended by Stats. 2014, Ch. 409, Sec. 28. (AB 1595) Effective January 1, 2015.)
  157. 4552.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 2. State Council On Developmental Disabilities [4520 - 4555] ( Chapter 2 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 7. State Council Costs and Support Services [4550 - 4555] ( Heading of Article 7 amended by Stats. 2014, Ch. 409, Sec. 24. )

    Verify source ↗

    The state council may request information, records, and documents from other state government agencies, and those agencies must comply with reasonable requests, except for confidential patient records.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 2. State Council On Developmental Disabilities [4520 - 4555] ( Chapter 2 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 7. State Council Costs and Support Services [4550 - 4555] ( Heading of Article 7 amended by Stats. 2014, Ch. 409, Sec. 24. ) ## 4552.5. The state council may request information, records, and documents from any other agency of state government, except for confidential patient records. These agencies shall comply with the reasonable requests of the state council. (Added by Stats. 2002, Ch. 676, Sec. 20. Effective January 1, 2003.)
  158. 4553.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 2. State Council On Developmental Disabilities [4520 - 4555] ( Chapter 2 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 7. State Council Costs and Support Services [4550 - 4555] ( Heading of Article 7 amended by Stats. 2014, Ch. 409, Sec. 24. )

    Verify source ↗

    The state council may use its funds for state plan implementation and may establish, maintain, and operate regional offices, but only to the extent allowed by Public Law 106-402.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 2. State Council On Developmental Disabilities [4520 - 4555] ( Chapter 2 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 7. State Council Costs and Support Services [4550 - 4555] ( Heading of Article 7 amended by Stats. 2014, Ch. 409, Sec. 24. ) ## 4553. To the extent provided in Public Law 106-402 (42 U.S.C. Sec. 15001 et seq.), the state council shall have full authority on how it uses its funds for implementation of the state plan, including establishing, maintaining, and operating any regional offices. (Repealed and added by Stats. 2014, Ch. 409, Sec. 30. (AB 1595) Effective January 1, 2015.)
  159. 4555.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 2. State Council On Developmental Disabilities [4520 - 4555] ( Chapter 2 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 7. State Council Costs and Support Services [4550 - 4555] ( Heading of Article 7 amended by Stats. 2014, Ch. 409, Sec. 24. )

    Verify source ↗

    A state contract with the state council may allow periodic advance payments, but any advance payment under this section cannot be more than 25% of the total annual contract amount.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 2. State Council On Developmental Disabilities [4520 - 4555] ( Chapter 2 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 7. State Council Costs and Support Services [4550 - 4555] ( Heading of Article 7 amended by Stats. 2014, Ch. 409, Sec. 24. ) ## 4555. Notwithstanding any other provision of law, any contract entered into between the State of California and the state council may provide for periodic advanced payments for services to be performed under the contract. No advanced payment made pursuant to this section shall exceed 25 percent of the total annual contract amount. (Added by Stats. 2002, Ch. 676, Sec. 24. Effective January 1, 2003.)
  160. 4561.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. California Developmental Disabilities State Plan [4561 - 4568] ( Chapter 3 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The state council must prepare the state plan at least every five years and review and revise it annually as needed.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. California Developmental Disabilities State Plan [4561 - 4568] ( Chapter 3 added by Stats. 1977, Ch. 1252. ) ## 4561. (a) A state plan shall be prepared by the state council not less often than once every five years, and shall be reviewed and revised, as necessary, on an annual basis. All references in this part to “state plan” shall be references to the state plan described by Public Law 106-402 (42 U.S.C. Sec. 15001 et seq.). (b) The state plan shall include, but not be limited to, all state plan requirements contained in subtitles A and B of Title I of Public Law 106-402 (42 U.S.C. Sec. 15001 et seq.), or requirements established by the United States Secretary of Health and Human Services. (Amended by Stats. 2014, Ch. 409, Sec. 32. (AB 1595) Effective January 1, 2015.)
  161. 4562.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. California Developmental Disabilities State Plan [4561 - 4568] ( Chapter 3 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The state council must carry out activities needed to develop and implement the state plan, and the plan must respond to diverse communities. The council may also use information from specified people and groups when preparing the plan.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. California Developmental Disabilities State Plan [4561 - 4568] ( Chapter 3 added by Stats. 1977, Ch. 1252. ) ## 4562. (a) The state council shall conduct activities necessary to develop and implement the state plan in the various regions of the state. (b) The state plan and its implementation shall be responsive to the needs of the state’s diverse geographic, racial, ethnic, and language communities. (c) In preparing this plan, the council may utilize information provided by any regional offices and regional advisory committees of the state council, statewide and local entities, individuals with developmental disabilities, family members, and other interested parties, to help identify and prioritize actions needed to improve California’s system of services and supports for persons with developmental disabilities. (d) The purpose of the plan shall be to ensure a coordinated and comprehensive system of community services and supports that is consumer and family centered and consumer and family directed, and to enable individuals with developmental disabilities to exercise self-determination, independence, productivity, and to be integrated and included in all facets of community life. (Amended by Stats. 2014, Ch. 409, Sec. 33. (AB 1595) Effective January 1, 2015.)
  162. 4563.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. California Developmental Disabilities State Plan [4561 - 4568] ( Chapter 3 added by Stats. 1977, Ch. 1252. )

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    The state council must assess available services and assistance for people with developmental disabilities and their families, and must develop goals and objectives for the state plan based on identified needs and priorities.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. California Developmental Disabilities State Plan [4561 - 4568] ( Chapter 3 added by Stats. 1977, Ch. 1252. ) ## 4563. The state council shall assess the extent to which services, supports, and other forms of assistance are available to individuals with developmental disabilities and their families throughout the state and for the diverse populations of the state. The state council shall develop goals and objectives, based on the identified needs and priorities, to be included in the state plan. (Repealed and added by Stats. 2014, Ch. 409, Sec. 35. (AB 1595) Effective January 1, 2015.)
  163. 4564.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. California Developmental Disabilities State Plan [4561 - 4568] ( Chapter 3 added by Stats. 1977, Ch. 1252. )

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    The state council must hold public hearings on the state plan and related budget issues before the plan is submitted under Section 4565.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. California Developmental Disabilities State Plan [4561 - 4568] ( Chapter 3 added by Stats. 1977, Ch. 1252. ) ## 4564. The state council shall conduct public hearings on the state plan and related budgetary issues prior to submission of the plan pursuant to Section 4565. (Amended by Stats. 2014, Ch. 409, Sec. 36. (AB 1595) Effective January 1, 2015.)
  164. 4565.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. California Developmental Disabilities State Plan [4561 - 4568] ( Chapter 3 added by Stats. 1977, Ch. 1252. )

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    The state plan must be given to specified officials and agencies for review and comment before submission, and copies must be sent to the Director of Finance and the Legislature by November 1 each year.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. California Developmental Disabilities State Plan [4561 - 4568] ( Chapter 3 added by Stats. 1977, Ch. 1252. ) ## 4565. (a) The state plan shall be given to the Governor, the Secretary of the California Health and Human Services Agency, the University Centers for Excellence in Developmental Disabilities established pursuant to the federal Developmental Disabilities Assistance and Bill of Rights Act of 2000, the protection and advocacy agency designated by the Governor to fulfill the requirements and assurances of the federal Developmental Disabilities Assistance and Bill of Rights Act of 2000, and the Superintendent of Public Instruction for review and comment prior to its submission by the chairperson of the state council to the United States Secretary of Health and Human Services. (b) Copies of the state plan shall be provided, no later than November 1 of each year, to the Director of Finance and to the Legislature for guidance in the development of the Governor’s Budget and legislative review of the budget, and for guidance in other legislation pertaining to programs for persons with developmental disabilities. (Amended by Stats. 2014, Ch. 409, Sec. 37. (AB 1595) Effective January 1, 2015.)
  165. 4567.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. California Developmental Disabilities State Plan [4561 - 4568] ( Chapter 3 added by Stats. 1977, Ch. 1252. )

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    All state agencies must cooperate with reasonable requests from the state council by providing information for the state plan.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. California Developmental Disabilities State Plan [4561 - 4568] ( Chapter 3 added by Stats. 1977, Ch. 1252. ) ## 4567. All state agencies shall cooperate with the reasonable requests of the state council by providing information to the state council in the preparation of the state plan. Any expenditures incurred by state agencies in providing this assistance to the state council shall be identified in the state plan and in the state agency’s annual budget. These expenditures may be funded in whole or in part by state funds appropriated as the required state share of the developmental disabilities program, or by federal funds from Public Law 106-402, as amended (42 U.S.C. Sec. 15001 et seq.), or both, when the state council allots funds for these purposes in the state plan. (Amended by Stats. 2002, Ch. 676, Sec. 32. Effective January 1, 2003.)
  166. 4568.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. California Developmental Disabilities State Plan [4561 - 4568] ( Chapter 3 added by Stats. 1977, Ch. 1252. )

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    The state council must not give certain federal funds to state agencies if the money would replace state funds already used for planning programs for persons with developmental disabilities.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 3. California Developmental Disabilities State Plan [4561 - 4568] ( Chapter 3 added by Stats. 1977, Ch. 1252. ) ## 4568. In no event shall the state council allot federal funds from Public Law 106-402, as amended (42 U.S.C. Sec. 15001 et seq.), to state agencies to replace state funds currently allocated to those agencies for the purpose of planning programs for persons with developmental disabilities. (Amended by Stats. 2002, Ch. 676, Sec. 33. Effective January 1, 2003.)
  167. 4571.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 4. Quality Assessments [4571 - 4572] ( Heading of Chapter 4 amended by Stats. 2009, 4th Ex. Sess., Ch. 9, Sec. 8. )

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    The department must create and operate a quality assessment system for developmental services, and regional centers must publicly report on the results, with notices, language access, and privacy limits.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 4. Quality Assessments [4571 - 4572] ( Heading of Chapter 4 amended by Stats. 2009, 4th Ex. Sess., Ch. 9, Sec. 8. ) ## 4571. (a) It is the intent of the Legislature to ensure the well-being of consumers, taking into account their informed and expressed choices. It is further the intent of the Legislature to support the satisfaction and success of consumers through the delivery of quality services and supports. Evaluation of the services that consumers receive is a key aspect to the service system. Utilizing the information that consumers and their families provide about those services in a reliable and meaningful way is also critical to enable the department to assess the performance of the state’s developmental services system and to improve services for consumers in the future. To that end, the State Department of Developmental Services, on or before January 1, 2010, shall implement an improved, unified quality assessment system, in accordance with this section. (b) The department, in consultation with stakeholders, shall identify a valid and reliable quality assurance instrument that assesses consumer and family satisfaction, provision of services in a linguistically and culturally competent manner, and personal outcomes. The instrument shall do all of the following: (1) Provide nationally validated, benchmarked, consistent, reliable, and measurable data for the department’s Quality Management System. (2) Enable the department and regional centers to compare the performance of California’s developmental services system against other states’ developmental services systems and to assess quality and performance among all of the regional centers. (3) Include outcome-based measures such as health, safety, well-being, relationships, interactions with people who do not have a disability, employment, quality of life, integration, choice, service, and consumer satisfaction. (4) Include outcome-based measures to evaluate the linguistic and cultural competency of regional center services that are provided to consumers across their lifetimes. (c) To the extent that funding is available, the instrument identified in subdivision (b) may be expanded to collect additional data requested by the State Council on Developmental Disabilities. (d) (1) The department shall contract with an independent agency or organization to implement, by January 1, 2010, the quality assurance instrument described in subdivision (b). The contractor shall be experienced in all of the following: (A) Designing valid quality assurance instruments for developmental service systems. (B) Tracking outcome-based measures such as health, safety, well-being, relationships, interactions with people who do not have a disability, employment, quality of life, integration, choice, service, and consumer satisfaction. (C) Developing data systems. (D) Data analysis and report preparation. (E) Assessments of the services received by consumers who are moved from developmental centers to the community, given the Legislature’s historic recognition of a special obligation to ensure the well-being of these persons. (F) Issues related to linguistic and cultural competency. (2) Notwithstanding any other law, the contract and any amendments pursuant to this section shall be exempt from all of the following: (A) The personal services contracting requirements of Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the Government Code. (B) The Public Contract Code, the State Contracting Manual, and the State Administration Manual. (C) The approval of the Department of General Services. (D) The approval of the Department of Technology. (3) The exemptions specified in paragraph (2) shall remain in effect until there is more than one available assessment that meets the criteria in subdivision (b) from an organization that also meets the criteria in this subdivision. (e) The department, in consultation with the contractor described in subdivision (d), shall establish the methodology by which the quality assurance instrument shall be administered, including, but not limited to, how often and to whom the quality assurance will be administered, and the design of a stratified, random sample among the entire population of consumers served by regional centers. The contractor shall provide aggregate information for all regional centers and the state as a whole. At the request of a consumer or the family member of a consumer, the survey shall be conducted in the primary language of the consumer or family member surveyed. (f) The department shall contract with the state council to collect data for the quality assurance instrument described in subdivision (b). If, during the data collection process, the state council identifies any suspected violation of the legal, civil, or service rights of a consumer, or if it determines that the health and welfare of a consumer is at risk, that information shall be provided immediately to the regional center providing case management services to the consumer. At the request of the consumer or family, when appropriate, a copy of the completed survey shall be provided to the regional center providing case management services to improve the consumer’s quality of services through the individual planning process. (g) The department, in consultation with stakeholders, shall annually review the data collected from and the findings of the quality assurance instrument described in subdivision (b) and accept recommendations regarding additional or different criteria for the quality assurance instrument in order to assess the performance of the state’s developmental services system and improve services for consumers. (h) (1) Each regional center shall annually present data collected from, and the findings of, the quality assurance instrument described in subdivision (b) for that regional center, at a public meeting of its governing board in order to assess the comparative performance of the regional center and identify needed improvements in services for consumers, including, but not limited to, case management services. Notice of this meeting shall also be posted on the regional center’s internet website at least 30 days prior to the meeting and shall be sent to regional center consumers and families and individual stakeholders at least 30 days prior to the meeting. The governing board shall provide a sufficient public comment period so members of the public may provide comments. Each regional center, in holding the meeting required by this subdivision, shall ensure that the meeting and meeting materials provide language access, as required by state and federal law. (2) All regional center-specific reports generated by the department pursuant to this subdivision shall be made publicly available on the regional center’s internet website in a machine-readable format, but shall not contain any personal identifying information about any person assessed. (3) Within 60 days following its annual presentation, each regional center shall submit a report to the department regarding its implementation of the requirements of this section. The report shall include, but shall not be limited to, both of the following: (A) Copies of the presentation described in paragraph (1), minutes from the meeting, and attendee comments. (B) The regional center’s recommendations and plans to use the information to address regional center priorities, strategic directions to improve specific areas of performance, or both. (i) All reports generated pursuant to this section shall be made publicly available, but shall not contain any personal identifying information about any person assessed. (j) All data collected pursuant to subdivision (c) shall be provided to the state council, but shall not contain personal identifying information about the persons being surveyed. (k) Implementation of this section shall be subject to an annual appropriation of funds in the Budget Act for this purpose. (Amended by Stats. 2022, Ch. 49, Sec. 17. (SB 188) Effective June 30, 2022.)
  168. 4572.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 4. Quality Assessments [4571 - 4572] ( Heading of Chapter 4 amended by Stats. 2009, 4th Ex. Sess., Ch. 9, Sec. 8. )

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    The State Department of Developmental Services must create and run a performance dashboard plan, work with stakeholders, publish the dashboard yearly in machine-readable form, and require each regional center to publish its own dashboard and link to the department’s dashboard.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 4. Quality Assessments [4571 - 4572] ( Heading of Chapter 4 amended by Stats. 2009, 4th Ex. Sess., Ch. 9, Sec. 8. ) ## 4572. The State Department of Developmental Services shall develop and implement a plan to monitor, evaluate, and improve the quality of community-based services through the use of a performance dashboard. The department shall work with stakeholders, including, but not limited to, regional centers, consumer advocates, providers, and the Legislature, on the development of the dashboard. The dashboard shall be published annually and in a machine-readable format. Each regional center shall publish its own dashboard and shall post a link to the department’s dashboard on its internet website. The dashboard shall include, but not be limited to, all of the following metrics: (a) Recognized quality and access measures. (b) Measures to indicate the movement toward compliance with the federal Home and Community-Based Services Waiver rules (CMS 2249-F and CMS 2296-F). (c) Measures to evaluate the changes in the number of consumers who work in competitive integrated employment. (d) The number of complaints referred to the department pursuant to subdivision (c) of Section 4731, for every 1,000 consumers served, by each regional center. (e) The number of administrative fair hearings held pursuant to Article 3 (commencing with Section 4710) of Chapter 7, separated by eligibility and service issues, for individuals ages three and over, for every one thousand consumers served, by each regional center. (Amended by Stats. 2019, Ch. 28, Sec. 11. (SB 81) Effective June 27, 2019.)
  169. 4580.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 4.1. Master Plan for Developmental Services in California [4580 - 4581] ( Chapter 4.1 added by Stats. 2024, Ch. 47, Sec. 5. )

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    This section says the Legislature wants a Master Plan for Developmental Services that improves accessibility, quality, equity, accountability, and transparency in the developmental services system.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 4.1. Master Plan for Developmental Services in California [4580 - 4581] ( Chapter 4.1 added by Stats. 2024, Ch. 47, Sec. 5. ) ## 4580. (a) The Legislature finds and declares all of the following: (1) More than 460,000 Californians who have intellectual and developmental disabilities are currently served at the State Department of Developmental Services’ 21 regional centers. Since 2019, the number of Californians served by the state’s developmental services system has grown by 31 percent, with significant growth among young people of color under 22 years of age who have an autism diagnosis. (2) The experiences and outcomes of Californians served by the state’s developmental services system impact not only people with disabilities, but also their families and local communities. (3) California is the only state in the nation that provides developmental services and supports as an entitlement, with an intentional focus on home- and community-based services. (4) Over the last decade, California and the federal government have prioritized the inclusion of people with intellectual and developmental disabilities in their communities, while avoiding institutional settings. (5) Individuals receiving services through California’s developmental services system are often deeply connected to other health and social systems. Across the state, people with intellectual and developmental disabilities and their families rely on services provided through multiple state and local entities, including, but not limited to, the State Department of Developmental Services, the State Department of Health Care Services, the California Department of Aging, the State Department of Social Services, the Department of Rehabilitation, and the State Department of Education. (6) Multiple entities have issued reports identifying opportunities for improving consumer experiences and the provision of developmental services, including the California State Auditor’s Office in 2021 and the Little Hoover Commission in 2023. (7) These reports and other research studies have identified the following: (A) There are wide racial, ethnic, and geographic disparities in the access to services provided in the developmental services system, as measured by purchase of service spending. (B) Consumer experiences vary significantly across the 21 regional centers, reflecting variation in policies and processes across the regional centers. (C) There are challenges faced by individuals and families navigating programs or systems that provide “generic” services and that are required to be accessed by consumers before receiving funded services through a regional center. (D) For several years, staffing models have led to many regional centers assigning more consumers to each service coordinator than authorized by statutory staffing requirements, which has limited the abilities of service coordinators to assist individuals and families in accessing services. (8) The Secretary of California Health and Human Services appointed members of the Master Plan for Developmental Services Committee for a one-year term, with the intent that they collectively deliver a master plan by March of 2025. (9) In 2024, the California Health and Human Services Agency will engage in outreach activities such as roundtable discussions and focus groups in communities across the state to learn about the lived experiences of individuals with intellectual and developmental disabilities, their families, and system partners. (b) It is the intent of the Legislature in enacting this chapter that a Master Plan for Developmental Services is developed that strengthens accessibility, quality, and equity of the developmental services system for all system consumers and their families, regardless of their language spoken, demographic group, geographic region, or socioeconomic status, and improves the accountability and transparency of the systems supporting them. (Added by Stats. 2024, Ch. 47, Sec. 5. (AB 162) Effective July 2, 2024.)
  170. 4580.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 4.1. Master Plan for Developmental Services in California [4580 - 4581] ( Chapter 4.1 added by Stats. 2024, Ch. 47, Sec. 5. )

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    The Legislature states its intent for the Master Plan for Developmental Services to improve accessibility, quality, and equity, and for the California Health and Human Services Agency to keep the Legislature informed about implementation steps and progress.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 4.1. Master Plan for Developmental Services in California [4580 - 4581] ( Chapter 4.1 added by Stats. 2024, Ch. 47, Sec. 5. ) ## 4580.5. (a) The Legislature finds and declares all of the following: (1) Pursuant to Chapter 47 of the Statutes of 2024 (Assembly Bill No. 162), the Legislature established its intent that the Master Plan for Developmental Services be developed with the intent to strengthen accessibility, quality, and equity for all consumers of the developmental services system and their families, no matter their demographic groups, geographic region, or socioeconomic status. (2) In 2024, the California Health and Human Services Agency appointed members of the Master Plan for Developmental Services Committee and held roundtable discussions in communities across the state to learn about the lived experiences of individuals with intellectual and developmental disabilities, their families, and system partners. (3) The California Health and Human Services Agency published the Master Plan for Developmental Services on March 28, 2025. As stated by the California Health and Human Services Agency, the Master Plan for Developmental Services is a community-driven vision with recommendations intended to improve the ways that California supports people with intellectual and developmental disabilities and their families into the future. These recommendations will inform California’s ongoing work to provide better developmental services and supports, improve coordination across systems, and increase the attainment of desired life outcomes among individuals with intellectual and developmental disabilities. (4) The Master Plan for Developmental Services states that the community’s recommendations will inform several State Department of Developmental Services workgroups, including, but not limited to, the Lived Experience Advisory Group, an expanded and renamed group formerly known as the Consumer Advisory Committee, the Quality Incentive Program workgroup, the Regional Center Performance Measures workgroup, and the Quality Assurance Advisory Group. (b) It is the intent of the Legislature that the California Health and Human Services Agency, in consultation with relevant departments and agencies across state government, provide the Legislature with information on next steps and a structure for implementation of Master Plan for Developmental Services recommendations with ongoing updates on implementation progress. (Added by Stats. 2025, Ch. 12, Sec. 3. (AB 143) Effective June 27, 2025.)
  171. 4620.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 5. Regional Centers for Persons With Developmental Disabilities [4620 - 4669.75] ( Chapter 5 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Regional Center Contracts [4620 - 4639.76] ( Article 1 added by Stats. 1977, Ch. 1252. )

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    The state must contract with appropriate agencies to provide community contact points for people with developmental disabilities and their families, and it must use private nonprofit community agencies to operate regional centers.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 5. Regional Centers for Persons With Developmental Disabilities [4620 - 4669.75] ( Chapter 5 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Regional Center Contracts [4620 - 4639.76] ( Article 1 added by Stats. 1977, Ch. 1252. ) ## 4620. (a) In order for the state to carry out many of its responsibilities as established in this division, the state shall contract with appropriate agencies to provide fixed points of contact in the community for persons with developmental disabilities and their families, to the end that these persons may have access to the services and supports best suited to them throughout their lifetime. It is the intent of the Legislature in enacting this division that the network of regional centers for persons with developmental disabilities and their families be accessible to every family in need of regional center services. It is the further intent of the Legislature that the design and activities of regional centers reflect a strong commitment to the delivery of direct service coordination and that all other operational expenditures of regional centers are necessary to support and enhance the delivery of direct service coordination and services and supports identified in individual program plans. (b) The Legislature finds that the service provided to individuals and their families by regional centers is of such a special and unique nature that it cannot be satisfactorily provided by state agencies. Therefore, private nonprofit community agencies shall be utilized by the state for the purpose of operating regional centers. (Amended by Stats. 1992, Ch. 1011, Sec. 5. Effective January 1, 1993.)
  172. 4620.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 5. Regional Centers for Persons With Developmental Disabilities [4620 - 4669.75] ( Chapter 5 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Regional Center Contracts [4620 - 4639.76] ( Article 1 added by Stats. 1977, Ch. 1252. )

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    The Legislature says regional centers and direct-service providers should respect and foster important family relationships supporting people with developmental disabilities.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 5. Regional Centers for Persons With Developmental Disabilities [4620 - 4669.75] ( Chapter 5 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Regional Center Contracts [4620 - 4639.76] ( Article 1 added by Stats. 1977, Ch. 1252. ) ## 4620.1. The Legislature recognizes the ongoing contributions many parents and family members make to the support and well-being of their children and relatives with developmental disabilities. It is the intent of the Legislature that the important nature of these relationships be respected and fostered by regional centers and providers of direct services and supports. (Added by Stats. 1992, Ch. 1011, Sec. 6. Effective January 1, 1993.)
  173. 4620.2.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 5. Regional Centers for Persons With Developmental Disabilities [4620 - 4669.75] ( Chapter 5 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Regional Center Contracts [4620 - 4639.76] ( Article 1 added by Stats. 1977, Ch. 1252. )

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    The department must develop a parental copayment/enrollment fee system and submit it, plus a detailed implementation plan, to the Legislature by April 1, 2004.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 5. Regional Centers for Persons With Developmental Disabilities [4620 - 4669.75] ( Chapter 5 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Regional Center Contracts [4620 - 4639.76] ( Article 1 added by Stats. 1977, Ch. 1252. ) ## 4620.2. (a) The State Department of Developmental Services, after consultation with stakeholder groups, shall develop a system of enrollment fees, copayments, or both, to be assessed against the parents of each child between the ages of three and 17 years who lives in the parent’s home and receives services purchased through a regional center. This system shall be submitted to the Legislature on or before April 1, 2004, immediately prior to the fiscal year in which the system is to be implemented, and as a part of the Governor’s proposed 2004–05 budget or subsequent legislation. (b) The department, after consultation with stakeholder groups, shall submit a detailed plan for implementing a parental copayment system for children receiving services purchased through a regional center. This plan shall be submitted to the Legislature by April 1, 2004. (c) The plan submitted on or before April 1, 2004, pursuant to subdivision (b), and any resources requested in the 2004–05 Governor’s Budget and related authority may be subsequently modified during the legislative review process. (d) The parental copayment system shall only be applicable to families that have adjusted gross family incomes of over 200 percent of the federal poverty level and that have a child who meets all of the following criteria: (1) The child is receiving services purchased through a regional center. (2) The child is living at home. (3) The child is not otherwise eligible to receive services provided under the Medi-Cal program. (4) The child is at least three years of age and not more than 17 years of age. (e) The department’s plan shall address, at a minimum all of the following components for the development of a parental copayment system: (1) Description of the families and children affected, including those families with more than one child as described under subdivision (d). (2) Privacy issues and potential safeguards regarding the families’ income, the children’s regional center clinical records, and related matters. (3) Schedule of parental copayments and any other related assessments, and criteria or service thresholds for which these copayments and assessments are based. (4) The options for a sliding scale for the schedule of parental copayments based on family income and family size. (5) Proposed limits on parental cost sharing. (6) An exemption process for families who are experiencing financial hardships and may need deferral or waiver of any copayments or assessments. (7) An appeal process for families who may dispute the level of copayment or assessments for which they are billed. (8) The specific methods and processes to be used by the department, regional centers, or other responsible party, for the collection of all parental copayments and assessments. (9) Any potentials for the disruption of services to applicable regional center consumers due to the implementation of a parental copayment system. (10) The estimated amount of revenues to be collected and any applicable assumptions made for making this determination. (11) Any estimate related to a slowing of the trend in the growth for regional center services due to the implementation of a parental copayment system. (12) A comparison to how the State Department of Health Services and other state agencies utilize personal information to manage the delivery of benefits and assessment of copayments. (13) A recommendation on whether the parental copayment system should be centralized at the department or decentralized in the regional centers and the basis for this recommendation. (14) The estimated cost for implementing a parental copayment system, including any costs associated with consultant contracts, state personnel, revenue collection, computer system processing, regional center operations, or any other cost factor that would need to be included in order to capture all estimated costs for implementation. (15) The timeframe for which the parental copayment system is to be implemented. (f) (1) In order for the department to develop a detailed plan for the implementation of a parental copayment system, the department shall collect information from selected families. In order to be cost efficient and prudent regarding the collection of information, the department may conduct a survey of only those families known to have children not eligible for the Medi-Cal program. The survey instrument may only be used for the sole purpose of obtaining information that is deemed necessary for the development of a parental copayment system, including the following: (A) A family’s annual adjusted gross family income. (B) The number of family members dependent on that income. (C) The number of children who meet the criteria specified in subdivision (d). (2) Results of the survey in the aggregate shall be provided to the Legislature as part of the department’s plan as required by subdivision (a). (Added by Stats. 2003, Ch. 230, Sec. 47. Effective August 11, 2003.)
  174. 4620.3.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 5. Regional Centers for Persons With Developmental Disabilities [4620 - 4669.75] ( Chapter 5 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Regional Center Contracts [4620 - 4639.76] ( Article 1 added by Stats. 1977, Ch. 1252. )

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    The department must develop regional center best practices, use them in service planning and purchasing, notify consumers and families about exceptions or exemptions, submit the proposal to legislative committees by May 15, 2011, and ensure the practices do not endanger health or safety or undermine federal funding commitments.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 5. Regional Centers for Persons With Developmental Disabilities [4620 - 4669.75] ( Chapter 5 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Regional Center Contracts [4620 - 4639.76] ( Article 1 added by Stats. 1977, Ch. 1252. ) ## 4620.3. (a) To provide more uniformity and consistency in the administrative practices and services of regional centers throughout the state, promote appropriateness of services, maximize efficiency of funding, address the state budget deficit, ensure consistency with Lanterman Act values, maintain the entitlement to services, and improve cost-effectiveness, the department, in collaboration with stakeholders, shall develop best practices for the administrative management of regional centers and for regional centers to use when purchasing services for consumers and families. (b) In developing regional center administrative management best practices, the department shall consider the establishment of policies and procedures to ensure prudent fiscal and program management by regional centers; effective and efficient use of public resources; consistent practices to maximize the use of federal funds; detection and prevention of fraud, waste, and abuse; and proper contracting protocols. (c) In developing purchase of services best practices, the department shall consider eligibility for the service; duration of service necessary to meet objectives set in an individual program plan; frequency and efficacy of the service necessary to meet objectives in an individual program plan; impact on community integration; service providers’ qualifications and performance; rates; parental and consumer responsibilities pursuant to Sections 4646.4, 4659, and 4677 of this code and Section 95004 of the Government Code; and self-directed service options. (d) The department shall ensure that implementation of best practices that impact individual services and supports are made through the individual program planning process provided for in this division or an individualized family service plan pursuant to Section 95020 of the Government Code, and that consumers and families are notified of any exceptions or exemptions to the best practices and their appeal rights established in Section 4701. (e) Purchase of services best practices developed pursuant to this section may vary by service category and may do all of the following: (1) Establish criteria determining the type, scope, amount, duration, location, and intensity of services and supports purchased by regional centers for consumers and their families. (2) Modify payment rates. (3) Reflect family and consumer responsibilities, pursuant to Sections 4646.4, 4659, and 4677 of this code and Section 95004 of the Government Code. (f) Purchase of services best practices shall include provisions for exceptions to ensure the health and safety of the consumer or to avoid out-of-home placement or institutionalization. (g) Best practices developed pursuant to this section shall not do either of the following: (1) Endanger a consumer’s health or safety. (2) Compromise the state’s ability to meet its commitments to the federal Centers for Medicare and Medicaid Services for participation in the Home and Community-Based Services Waiver or other federal funding of services for persons with developmental disabilities. (h) The department shall submit the proposed best practices to the fiscal and applicable policy committees of the Legislature by no later than May 15, 2011. This submission shall include a description of the process 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. Implementation of the best practices shall take effect only upon subsequent legislative enactment. (Amended by Stats. 2025, Ch. 12, Sec. 5. (AB 143) Effective June 27, 2025.)
  175. 4620.4.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 5. Regional Centers for Persons With Developmental Disabilities [4620 - 4669.75] ( Chapter 5 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Regional Center Contracts [4620 - 4639.76] ( Article 1 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The department must run an enhanced language access and cultural competency initiative, require regional centers to implement it, report annually on fund use and remaining needs, and ensure the funds do not replace existing efforts.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 5. Regional Centers for Persons With Developmental Disabilities [4620 - 4669.75] ( Chapter 5 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Regional Center Contracts [4620 - 4639.76] ( Article 1 added by Stats. 1977, Ch. 1252. ) ## 4620.4. (a) (1) The Legislature finds and declares that more than a quarter of Californians are foreign born, and more than 10 percent of the state’s population speaks English “not well” or “not at all.” Access to accurate, timely, understandable, and culturally sensitive and competent information and referral services for these communities is a critical need. A review of 2018-19 purchase of service expenditures reflects the following average per capita expenditures for all age groups by ethnicity, illustrating existing disparity gaps in the developmental services system: (A) Twenty-seven thousand nine hundred thirty-one dollars ($27,931) for individuals who are White. (B) Twenty-two thousand nine hundred fourteen dollars ($22,914) for individuals who are Black or African American. (C) Fourteen thousand eight hundred thirty-six dollars ($14,836) for individuals who are Asian. (D) Eleven thousand seven hundred sixty dollars ($11,760) for individuals who are Latinx or Hispanic. (2) Language access and culturally competent services are critical components to advance health and human services equity and improve outcomes for all Californians served under the Lanterman Act. (b) The State Department of Developmental Services shall administer an enhanced language access and cultural competency initiative for individuals with developmental disabilities, their caregivers, and their family members. The department shall require regional centers to implement this initiative through its contracts pursuant to Section 4640.6. The primary goal is to improve quality and facilitate more consistent access to information and services. (c) Allowable uses of the funds provided to regional centers include, but are not limited to, all of the following: (1) Identification of vital documents and internet website content for translation, as well as points of public contact in need of oral and sign language interpretation services. (2) Orientations and specialized group and family information sessions with ample and publicized question and answer periods, scheduled at times considered most convenient for working families and in consultation with community leaders. (3) Regular and periodic language needs assessments to determine threshold languages for document translation. (4) Coordination and streamlining of interpretation and translation services. (5) Implementation of quality control measures to ensure the availability, accuracy, readability, and cultural appropriateness of translations. (d) The use of these funds shall not supplant any existing efforts or funds for similar purposes, but are intended to augment and provide maximum additional benefit to the greatest number of persons served, their caregivers, and their families. (e) The department shall report annually, beginning January 10, 2022, as part of the Governor’s Budget and the May Revision, how these funds are being utilized and what remaining needs for language access and culturally competent services are identified by people served, the community, and regional centers as the initiative implements. (f) Subject to an appropriation by the Legislature, regional centers shall receive specialized funding allocations to facilitate applications for payments authorized to protect the health and safety of consumers, pursuant to paragraph (1) of subdivision (a) of Section 4681.6, for non-English-speaking individuals served. Funded activities shall include specialized outreach and case management services toward identifying which individuals might have an unaddressed need for a health and safety waiver and assisting with guiding individuals through the application process to meet those needs. Regional centers shall track the number of individuals served through this effort and provide this information to the department on at least an annual basis. (Amended by Stats. 2025, Ch. 12, Sec. 6. (AB 143) Effective June 27, 2025.)
  176. 4620.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 5. Regional Centers for Persons With Developmental Disabilities [4620 - 4669.75] ( Chapter 5 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Regional Center Contracts [4620 - 4639.76] ( Article 1 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The department must convene a stakeholder workgroup and later provide status updates on its recommendations; the director must appoint members to the group and consider specified types of members.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 5. Regional Centers for Persons With Developmental Disabilities [4620 - 4669.75] ( Chapter 5 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Regional Center Contracts [4620 - 4639.76] ( Article 1 added by Stats. 1977, Ch. 1252. ) ## 4620.5. (a) Beginning as early as possible after July 1, 2021, but no later than September 1, 2021, the department shall convene a workgroup, which shall be composed of individuals described under subdivision (b), to make recommendations to the department for the development of standard performance improvement indicators and benchmarks to incentivize high-quality regional center operations. (b) The director shall appoint members to the stakeholder group and shall consider all of the following individuals to serve as members of that group: (1) Individuals or consultants with expertise in developing performance indicators and incentive programs within developmental disability systems or community-based long-term services and supports systems. (2) Consumers and families across different geographic regions of the state, who have diverse racial and ethnic backgrounds, diverse consumer age groups, and disabilities. (3) Regional center representatives. (4) Service providers. (5) Representatives of other state agencies or entities with whom the department routinely collaborates for the coordination of services for people with developmental disabilities, and who additionally have expertise in setting or reporting indicators and benchmarks, including reporting to the federal Centers for Medicare and Medicaid Services. (6) Representatives of California’s University Centers for Excellence in Developmental Disabilities, the State Council on Developmental Disabilities, the protection and advocacy agency specified in Division 4.7 (commencing with Section 4900), and consumer and family advocacy groups. (c) By January 10, 2022, as part of the Governor’s Budget, the department shall provide a status update based on recommendations provided by the stakeholder workgroup, with an additional status update at the time of the Governor’s May Revision. These recommendations may include all of the following: (1) Priority areas for performance indicators and benchmarks, including, but not limited to, all of the following: (A) Equity in service access and purchase of services. (B) Consumer employment and associated metrics. (C) Integration of consumers in the community. (D) Person-centered planning. (E) Compliance with federal home and community-based standards. (F) Consumer and family experience and satisfaction. (G) Innovation in service availability and delivery. (2) Surveys or other measures to assess consumer and family experience, satisfaction, and recommendations, in addition the use of data available through the National Core Indicators. (3) Benchmarks, and a method for establishing benchmarks, to create meaningful comparisons and understanding of variation in performance within and between regional centers. (4) Measures under development or already implemented by federal funding agencies for long-term services and supports, home and community-based services, incentive payments, required reporting, and the efficient and effective implementation of performance improvement systems. (5) Additional criteria for demonstrating performance improvement, including improvement beyond benchmarks. (6) The methodology, structure, and types of incentives to be used, including, if appropriate, a payment schedule and implementation timeline, for incentive payments to regional centers to achieve or exceed performance benchmarks. This methodology and structure shall include how the department shall take into consideration variations among regional centers, expectations for regional center community engagement activities, and any significant demographic, including economic or other differences, impacting a regional center’s performance and how the department might build the identified benchmarks into regional center performance contracts. (7) A process, based on the input from regional centers and other stakeholders, the department shall use on at least an annual basis to evaluate the success of a quality improvement process, including any incentive payment program. (Added by Stats. 2021, Ch. 76, Sec. 27. (AB 136) Effective July 16, 2021.)
  177. 4621.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 5. Regional Centers for Persons With Developmental Disabilities [4620 - 4669.75] ( Chapter 5 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Regional Center Contracts [4620 - 4639.76] ( Article 1 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The department must contract with appropriate private nonprofit corporations to establish regional centers, within available appropriated funds.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 5. Regional Centers for Persons With Developmental Disabilities [4620 - 4669.75] ( Chapter 5 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Regional Center Contracts [4620 - 4639.76] ( Article 1 added by Stats. 1977, Ch. 1252. ) ## 4621. The department, within the limitations of funds appropriated, shall contract with appropriate private nonprofit corporations for the establishment of regional centers. Notwithstanding any other provision of law, any contract entered into pursuant to this section may provide for periodic advance payments for services to be performed under such contract. No advance payment made pursuant to this section shall exceed 25 percent of the total annual contract amount. (Added by Stats. 1977, Ch. 1252.)
  178. 4621.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 5. Regional Centers for Persons With Developmental Disabilities [4620 - 4669.75] ( Chapter 5 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Regional Center Contracts [4620 - 4639.76] ( Article 1 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The department must, subject to available appropriated funds, contract with private nonprofit corporation(s) to operate regional centers.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 5. Regional Centers for Persons With Developmental Disabilities [4620 - 4669.75] ( Chapter 5 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Regional Center Contracts [4620 - 4639.76] ( Article 1 added by Stats. 1977, Ch. 1252. ) ## 4621.5. Notwithstanding subdivision (c) of Section 1 of Chapter 501 of the Statutes of 1971, the department shall, within the limitations of funds appropriated, contract with an appropriate private nonprofit corporation or corporations to operate regional centers as follows: (a) One regional center to serve the Counties of Inyo, Kern, and Mono. (b) One regional center to serve the Counties of Riverside and San Bernardino. (Added by Stats. 1993, Ch. 364, Sec. 1. Effective January 1, 1994.)
  179. 4622.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 5. Regional Centers for Persons With Developmental Disabilities [4620 - 4669.75] ( Chapter 5 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Regional Center Contracts [4620 - 4639.76] ( Article 1 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The state may contract only with agencies whose governing boards meet specific membership, expertise, training, oversight, and conflict-of-interest rules.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 5. Regional Centers for Persons With Developmental Disabilities [4620 - 4669.75] ( Chapter 5 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Regional Center Contracts [4620 - 4639.76] ( Article 1 added by Stats. 1977, Ch. 1252. ) ## 4622. The state shall contract only with agencies, the governing boards of which conform to all of the following criteria: (a) The governing board shall be composed of individuals with demonstrated interest in, or knowledge of, developmental disabilities. (b) The membership of the governing board shall include persons with legal, management or board governance, financial, and developmental disability program expertise. Board governance expertise may not be acquired solely by serving on a regional center board. The governing board of the regional center shall include members with financial expertise and members with management or board governance expertise by August 15, 2020. (c) The membership of the governing board shall include representatives of the various categories of disability to be served by the regional center. (d) The governing board shall reflect the geographic and ethnic characteristics of the area to be served by the regional center. (e) A minimum of 50 percent of the members of the governing board shall be persons with developmental disabilities or their parents or legal guardians. No less than 25 percent of the members of the governing board shall be persons with developmental disabilities. (f) Members of the governing board shall not be permitted to serve more than seven years within each eight-year period. (g) (1) The regional center shall provide necessary training and support to these board members to facilitate their understanding and participation, including issues relating to linguistic and cultural competency. (2) As part of its monitoring responsibility, the department shall review and approve the method by which training and support are provided to board members to ensure maximum understanding and participation by board members. (3) Each regional center shall post on its internet website information regarding the training and support provided to board members. (h) The governing board may appoint a consumers’ advisory committee composed of persons with developmental disabilities representing the various categories of disability served by the regional center. (i) The governing board shall appoint an advisory committee composed of a wide variety of persons representing the various categories of providers from which the regional center purchases client services. The advisory committee shall provide advice, guidance, recommendations, and technical assistance to the regional center board in order to assist the regional center in carrying out its mandated functions. The advisory committee shall designate one of its members to serve as a member of the regional center board. (j) (1) The governing board shall annually review the performance of the director of the regional center. (2) The governing board shall annually review the performance of the regional center in providing services that are linguistically and culturally appropriate and may provide recommendations to the director of the regional center based on the results of that review. (k) No member of the board who is an employee or member of the governing board of a provider from which the regional center purchases client services shall do any of the following: (1) Serve as an officer of the board. (2) Vote on any fiscal matter affecting the purchase of services from any regional center provider. (3) Vote on any issue other than as described in paragraph (2), in which the member has a financial interest, as defined in Section 87103 of the Government Code, and determined by the regional center board. The member shall provide a list of the member’s financial interests, as defined in Section 87103, to the regional center board. Nothing in this section shall prevent the appointment to a regional center governing board of a person who meets the criteria for more than one of the categories listed above. (Amended by Stats. 2019, Ch. 28, Sec. 12. (SB 81) Effective June 27, 2019.)
  180. 4622.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 5. Regional Centers for Persons With Developmental Disabilities [4620 - 4669.75] ( Chapter 5 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Regional Center Contracts [4620 - 4639.76] ( Article 1 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    Each regional center’s governing board must send the department annual documentation by August 15 showing board composition compliance, and if it is not compliant, it must also submit a compliance plan.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 5. Regional Centers for Persons With Developmental Disabilities [4620 - 4669.75] ( Chapter 5 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Regional Center Contracts [4620 - 4639.76] ( Article 1 added by Stats. 1977, Ch. 1252. ) ## 4622.5. By August 15 of each year, the governing board of each regional center shall submit to the department detailed documentation, as determined by the department, demonstrating that the composition of the board is in compliance with Section 4622. If the composition of the governing board is not in compliance with Section 4622, the governing board shall submit a plan to the department with its board composition documentation setting forth how and, in as expeditious a manner as possible, when the board will come into compliance, in part or in whole, with Section 4622. (Amended by Stats. 2019, Ch. 28, Sec. 13. (SB 81) Effective June 27, 2019.)
  181. 4623.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 5. Regional Centers for Persons With Developmental Disabilities [4620 - 4669.75] ( Chapter 5 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Regional Center Contracts [4620 - 4639.76] ( Article 1 added by Stats. 1977, Ch. 1252. )

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    If the regional center’s governing board is not made up of the members required by Section 4622, it must create a program policy committee made up of those individuals, and that committee must appoint one of its members as an ex officio board member.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 5. Regional Centers for Persons With Developmental Disabilities [4620 - 4669.75] ( Chapter 5 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Regional Center Contracts [4620 - 4639.76] ( Article 1 added by Stats. 1977, Ch. 1252. ) ## 4623. In the event that the governing board of the regional center is not composed of individuals as specified in subdivisions (a) to (f), inclusive, of Section 4622, such governing board shall establish a program policy committee which is composed of such individuals. The program policy committee shall appoint one of its members to serve as an ex officio member of the governing board. (Added by Stats. 1977, Ch. 1252.)
  182. 4624.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 5. Regional Centers for Persons With Developmental Disabilities [4620 - 4669.75] ( Chapter 5 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Regional Center Contracts [4620 - 4639.76] ( Article 1 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    If the regional center’s governing board is not made up as required by Section 4622, the program policy committee must set the regional center’s program policies, and those policies must comply with the division and the contract with the department and governing board.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 5. Regional Centers for Persons With Developmental Disabilities [4620 - 4669.75] ( Chapter 5 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Regional Center Contracts [4620 - 4639.76] ( Article 1 added by Stats. 1977, Ch. 1252. ) ## 4624. When the governing board of the regional center is not composed of individuals as specified in subdivisions (a) to (f), inclusive, of Section 4622, the program policy committee to the regional center shall be responsible for establishing the program policies of the regional center. All program policies adopted by a program policy committee shall conform to the provisions of this division and the contract between the department and the governing board. (Added by Stats. 1977, Ch. 1252.)
  183. 4625.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 5. Regional Centers for Persons With Developmental Disabilities [4620 - 4669.75] ( Chapter 5 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Regional Center Contracts [4620 - 4639.76] ( Article 1 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The department may not contract with a new regional center contracting agency unless the agency’s governing board is made up of individuals specified in Section 4622.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 5. Regional Centers for Persons With Developmental Disabilities [4620 - 4669.75] ( Chapter 5 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Regional Center Contracts [4620 - 4639.76] ( Article 1 added by Stats. 1977, Ch. 1252. ) ## 4625. The department shall not contract with any new regional center contracting agency unless the governing board of the agency is composed of individuals as specified in subdivisions (a) to (f), inclusive, of Section 4622. This section shall become operative on July 1, 1999. (Repealed (in Sec. 14) and added by Stats. 1997, Ch. 414, Sec. 14.5. Effective September 22, 1997. Section operative July 1, 1999, by its own provisions.)
  184. 4625.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 5. Regional Centers for Persons With Developmental Disabilities [4620 - 4669.75] ( Chapter 5 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Regional Center Contracts [4620 - 4639.76] ( Article 1 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    Regional center boards must adopt a written policy to review and approve contracts of $250,000 or more before the contract is entered into.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 5. Regional Centers for Persons With Developmental Disabilities [4620 - 4669.75] ( Chapter 5 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Regional Center Contracts [4620 - 4639.76] ( Article 1 added by Stats. 1977, Ch. 1252. ) ## 4625.5. (a) The governing board of each regional center shall adopt and maintain a written policy requiring the board to review and approve any regional center contract of two hundred fifty thousand dollars ($250,000) or more, before entering into the contract. (b) No regional center contract of two hundred fifty thousand dollars ($250,000) or more shall be valid unless approved by the governing board of the regional center in compliance with its written policy pursuant to subdivision (a). (c) For purposes of this section, contracts do not include vendor approval letters issued by regional centers pursuant to Section 54322 of Title 17 of the California Code of Regulations. (Added by Stats. 2011, Ch. 9, Sec. 3. (SB 74) Effective March 24, 2011.)
  185. 4625.6.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 5. Regional Centers for Persons With Developmental Disabilities [4620 - 4669.75] ( Chapter 5 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Regional Center Contracts [4620 - 4639.76] ( Article 1 added by Stats. 1977, Ch. 1252. )

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    An attorney hired or retained by a regional center’s governing board to provide legal services cannot be an employee of that regional center.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 5. Regional Centers for Persons With Developmental Disabilities [4620 - 4669.75] ( Chapter 5 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Regional Center Contracts [4620 - 4639.76] ( Article 1 added by Stats. 1977, Ch. 1252. ) ## 4625.6. To ensure the delivery of independent legal advice, an attorney retained or employed by the governing board of the regional center to provide legal services shall not be an employee of the regional center. (Added by Stats. 2019, Ch. 28, Sec. 14. (SB 81) Effective June 27, 2019.)
  186. 4625.7.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 5. Regional Centers for Persons With Developmental Disabilities [4620 - 4669.75] ( Chapter 5 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Regional Center Contracts [4620 - 4639.76] ( Article 1 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    A regional center’s governing board must meet with the department when the Director of Developmental Services requests it, and must exclude regional center employees if requested.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 5. Regional Centers for Persons With Developmental Disabilities [4620 - 4669.75] ( Chapter 5 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Regional Center Contracts [4620 - 4639.76] ( Article 1 added by Stats. 1977, Ch. 1252. ) ## 4625.7. The governing board of a regional center shall meet with representatives of the department upon a request by the Director of Developmental Services, and, if requested, the board shall exclude regional center employees from the meeting. The governing board shall meet with the department’s representatives without preconditions for the meeting and at a time and date determined by the department. Not infringing on the department’s authority otherwise provided in this section, at the department’s discretion, efforts shall be made to meet with a governing board of a regional center at a mutually agreed-upon time, date, and place, with the goal of promoting attendance by board members. (Added by Stats. 2019, Ch. 28, Sec. 15. (SB 81) Effective June 27, 2019.)
  187. 4626.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 5. Regional Centers for Persons With Developmental Disabilities [4620 - 4669.75] ( Chapter 5 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Regional Center Contracts [4620 - 4639.76] ( Article 1 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    This section requires regional center officials and employees to avoid conflicts of interest, file conflict-of-interest statements on set timelines, and allows penalties for knowingly false statements.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 5. Regional Centers for Persons With Developmental Disabilities [4620 - 4669.75] ( Chapter 5 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Regional Center Contracts [4620 - 4639.76] ( Article 1 added by Stats. 1977, Ch. 1252. ) ## 4626. (a) The department shall give a very high priority to ensuring that regional center board members and employees act in the course of their duties solely in the best interest of the regional center consumers and their families without regard to the interests of any other organization with which they are associated or persons to whom they are related. Board members, employees, and others acting on the regional center’s behalf, as defined in regulations issued by the department, shall be free from conflicts of interest that could adversely influence their judgment, objectivity, or loyalty to the regional center, its consumers, or its mission. (b) In order to prevent potential conflicts of interest, a member of the governing board or member of the program policy committee of a regional center shall not be any of the following: (1) An employee of the State Department of Developmental Services or any state or local agency that provides services to a regional center consumer, if employed in a capacity which includes administrative or policymaking responsibility, or responsibility for the regulation of the regional center. (2) An employee or a member of the state council or a state council regional advisory committee. (3) Except as otherwise provided in subdivision (h) of Section 4622, an employee or member of the governing board of any entity from which the regional center purchases consumer services. (4) Any person who has a financial interest, as defined in Section 87103 of the Government Code, in regional center operations, except as a consumer of regional center services. (c) A person with a developmental disability who receives employment services through a regional center provider shall not be precluded from serving on the governing board of a regional center based solely upon receipt of these employment services. (d) The department shall ensure that no regional center employee or board member has a conflict of interest with an entity that receives regional center funding, including, but not limited to, a nonprofit housing organization and an organization qualified under Section 501(c)(3) of the Internal Revenue Code, that actively functions in a supporting relationship to the regional center. (e) The department shall develop and publish a standard conflict-of-interest reporting statement. The conflict-of-interest statement shall be completed by each regional center governing board member and each regional center employee specified in regulations, including, at a minimum, the executive director, every administrator, every program director, every service coordinator, and every employee who has decisionmaking or policymaking authority or authority to obligate the regional center’s resources. (f) Every new regional center governing board member and regional center executive director shall complete and file the conflict-of-interest statement described in subdivision (e) with his or her respective governing board within 30 days of being selected, appointed, or elected. Every new regional center employee referenced in subdivision (e) and every current regional center employee referenced in subdivision (e) accepting a new position within the regional center shall complete and file the conflict-of-interest statement with his or her respective regional center within 30 days of assuming the position. (g) Every regional center board member and regional center employee referenced in subdivision (e) shall complete and file the conflict-of-interest statement by August 1 of each year. (h) Every regional center board member and regional center employee referenced in subdivision (e) shall complete and file a subsequent conflict-of-interest statement upon any change in status that creates a potential or present conflict of interest. For the purposes of this subdivision, a change in status includes, but is not limited to, a change in financial interests, legal commitment, regional center or board position or duties, or both, or outside position or duties, or both, whether compensated or not. (i) The governing board shall submit a copy of the completed conflict-of-interest statements of the governing board members and the regional center executive director to the department within 10 days of receipt of the statements. (j) A person who knowingly provides false information on a conflict-of-interest statement required by this section shall be subject to a civil penalty in an amount up to fifty thousand dollars ($50,000), in addition to any civil remedies available to the department. An action for a civil penalty under this provision may be brought by the department or any public prosecutor in the name of the people of the State of California. (k) The director of the regional center shall review the conflict-of-interest statement of each regional center employee referenced in subdivision (e) within 10 days of receipt of the statement. If a potential or present conflict of interest is identified for a regional center employee that cannot be eliminated, the regional center shall, within 30 days of receipt of the statement, submit to the department a copy of the conflict-of-interest statement and a plan that proposes mitigation measures, including timeframes and actions the regional center or the employee, or both, will take to mitigate the conflict of interest. (l) The department and the regional center governing board shall review the conflict-of-interest statement of the regional center executive director and each regional center board member to ensure that no conflicts of interest exist. If a present or potential conflict of interest is identified for a regional center director or a board member that cannot be eliminated, the regional center governing board shall, within 30 days of receipt of the statement, submit to the department and the state council a copy of the conflict-of-interest statement and a plan that proposes mitigation measures, including timeframes and actions the regional center governing board or the individual, or both, will take to mitigate the conflict of interest. (Amended by Stats. 2014, Ch. 409, Sec. 39. (AB 1595) Effective January 1, 2015.)
  188. 4626.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 5. Regional Centers for Persons With Developmental Disabilities [4620 - 4669.75] ( Chapter 5 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Regional Center Contracts [4620 - 4639.76] ( Article 1 added by Stats. 1977, Ch. 1252. )

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    Each regional center must submit a conflict-of-interest policy to the department, post it on its website, and make it cover several disclosure, monitoring, gift, and hiring restrictions.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 5. Regional Centers for Persons With Developmental Disabilities [4620 - 4669.75] ( Chapter 5 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Regional Center Contracts [4620 - 4639.76] ( Article 1 added by Stats. 1977, Ch. 1252. ) ## 4626.5. Each regional center shall submit a conflict-of-interest policy to the department by July 1, 2011, and shall post the policy on its internet website by August 1, 2011. The policy shall do, or comply with, all of the following: (a) Contain the elements of this section and be consistent with applicable law. (b) Define conflicts of interest. (c) Identify positions within the regional center required to complete and file a conflict-of-interest statement. (d) Facilitate disclosure of information to identify conflicts of interest. (e) Require candidates for nomination, election, or appointment to a regional center board, and applicants for regional center director to disclose any potential or present conflicts of interest prior to being appointed, elected, or confirmed for hire by the regional center or the regional center governing board. (f) Require the regional center and its governing board to regularly and consistently monitor and enforce compliance with its conflict-of-interest policy. (g) Prohibit a regional center employee from accepting a gift or gifts from a service provider, consumer, or consumer’s family member valued over fifteen dollars ($15) per year. (h) Establish a policy prohibiting regional center senior staff from hiring relatives at the center or any ancillary foundation and organization. The policy shall be included in the regional center contract and shall be included in training of the governing board. (Amended by Stats. 2024, Ch. 902, Sec. 4. (AB 1147) Effective January 1, 2025.)
  189. 4627.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 5. Regional Centers for Persons With Developmental Disabilities [4620 - 4669.75] ( Chapter 5 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Regional Center Contracts [4620 - 4639.76] ( Article 1 added by Stats. 1977, Ch. 1252. )

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    The department must adopt and enforce conflict-of-interest rules for regional centers, monitor compliance, and issue reporting and implementation regulations.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 5. Regional Centers for Persons With Developmental Disabilities [4620 - 4669.75] ( Chapter 5 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Regional Center Contracts [4620 - 4639.76] ( Article 1 added by Stats. 1977, Ch. 1252. ) ## 4627. (a) The director of the department shall adopt and enforce conflict-of-interest regulations to ensure that members of the governing board, program policy committee, and employees of the regional center make decisions with respect to the regional centers that are in the best interests of the center’s consumers and families. (b) The department shall monitor and ensure the regional centers’ compliance with this section and Sections 4626 and 4626.5. Failure to disclose information pursuant to these sections and related regulations may be considered grounds for removal from the board or for termination of employment. (c) The department shall adopt regulations to develop standard conflict-of-interest reporting requirements. (d) The department shall adopt emergency regulations to implement this section and Sections 4626 and 4626.5 by May 1, 2011. The adoption, amendment, repeal, or readoption of a regulation authorized by this section is deemed to be necessary for the immediate preservation of the public peace, health and safety, or general welfare, for purposes of Sections 11346.1 and 11349.9 of the Government Code, and the department is hereby exempted from that requirement. For purposes of subdivision (e) of Section 11346.1 of the Government Code, the 120-day period, as applicable to the effective period of an emergency regulatory action and submission of specified materials to the Office of Administrative Law, is hereby extended to 180 days. (e) The department shall adopt regulations to implement the terms of subdivision (d) through the regular rulemaking process pursuant to Sections 11346 and 11349.1 of the Government Code within 18 months of the adoption of emergency regulations pursuant to subdivision (d). (Amended by Stats. 2011, Ch. 9, Sec. 6. (SB 74) Effective March 24, 2011.)
  190. 4628.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 5. Regional Centers for Persons With Developmental Disabilities [4620 - 4669.75] ( Chapter 5 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Regional Center Contracts [4620 - 4639.76] ( Article 1 added by Stats. 1977, Ch. 1252. )

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    If a contracting agency cannot meet all governing board criteria for good reason, the director may waive those criteria for up to one year with state council approval.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 5. Regional Centers for Persons With Developmental Disabilities [4620 - 4669.75] ( Chapter 5 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Regional Center Contracts [4620 - 4639.76] ( Article 1 added by Stats. 1977, Ch. 1252. ) ## 4628. If, for good reason, a contracting agency is unable to meet all the criteria for a governing board established in this chapter, the director may waive those criteria for a period of time, not to exceed one year, with the approval of the state council. (Amended by Stats. 2014, Ch. 409, Sec. 40. (AB 1595) Effective January 1, 2015.)
  191. 4629.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 5. Regional Centers for Persons With Developmental Disabilities [4620 - 4669.75] ( Chapter 5 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Regional Center Contracts [4620 - 4639.76] ( Article 1 added by Stats. 1977, Ch. 1252. )

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    This section requires the state to make five-year contracts with regional centers and requires the contracts and regional centers to follow detailed compliance, reporting, and public-meeting rules.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 5. Regional Centers for Persons With Developmental Disabilities [4620 - 4669.75] ( Chapter 5 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Regional Center Contracts [4620 - 4639.76] ( Article 1 added by Stats. 1977, Ch. 1252. ) ## 4629. (a) The state shall enter into five-year contracts with regional centers, subject to the annual appropriation of funds by the Legislature. (b) The contracts shall include a provision requiring each regional center to render services in accordance with applicable provision of state laws and regulations. (c) (1) The contracts shall include annual performance objectives that the department determines are necessary to ensure each regional center is complying with the requirement specified in subdivision (b), including, but not limited to, objectives that do both of the following: (A) Be specific, measurable, and designed to do all of the following: (i) Assist consumers to achieve life quality outcomes. (ii) Achieve meaningful progress above the current baselines. (iii) Develop services and supports identified as necessary to meet identified needs, including culturally and linguistically appropriate services and supports. (iv) Measure progress in reducing disparities and improving equity in purchase of service expenditures. (v) Measure progress, and report outcomes, in implementing the Employment First Policy, which may include, but are not limited to, measures addressing both of the following: (I) Establishment of local partnership agreements between regional centers, local educational agencies, and the Department of Rehabilitation districts. (II) The provision of information to consumers regarding the Employment First Policy, opportunities for employment, and available supports to achieve integrated competitive employment. (B) Be developed through a public process as described in the department’s guidelines that includes, but is not limited to, all of the following: (i) Providing information, in an understandable form, to the community about regional center services and supports, including budget information and baseline data on services and supports and regional center operations. (ii) Conducting a public meeting where participants can provide input on performance objectives and using focus groups or surveys to collect information from the community. (iii) Circulating a draft of the performance objectives to the community for input prior to presentation at a regional center board meeting where additional public input will be taken and considered before adoption of the objectives. (2) In addition to the performance objectives developed pursuant to this section, the department may specify in the performance contract additional areas of service and support that require development or enhancement by the regional center. In determining those areas, the department shall consider public comments from individuals and organizations within the regional center catchment area, the distribution of services and supports within the regional center catchment area, and review how the availability of services and supports in the regional area catchment area compares with other regional center catchment areas. (d) Each contract with a regional center shall specify steps to be taken to ensure contract compliance, including, but not limited to, all of the following: (1) Incentives that encourage regional centers to meet or exceed performance standards. (2) Levels of probationary status for regional centers that do not meet, or are at risk of not meeting, performance standards. The department shall require that corrective action be taken by any regional center that is placed on probation. Corrective action may include, but is not limited to, mandated consultation with designated representatives of the Association of Regional Center Agencies or a management team designated by the department, or both. The department shall establish the specific timeline for the implementation of corrective action and monitor its implementation. When a regional center is placed on probation, the department shall provide the state council and the clients’ rights advocacy contractor identified in Section 4433 with a copy of the correction plan, timeline, and any other action taken by the department relating to the probationary status of the regional center. (e) In order to evaluate the regional center’s compliance with its contract performance objectives and legal obligations related to those objectives, the department shall do both of the following: (1) Annually assess each regional center’s achievement of its previous year’s objectives and make the assessment, including baseline data and performance objectives of the individual regional centers, available to the public. The department may make a special commendation of the regional centers that have best engaged the community in the development of contract performance objectives and have made the most meaningful progress in meeting or exceeding contract performance objectives. (2) Regularly monitor the activities of the regional center to ensure compliance with the provisions of its contracts, including, but not limited to, reviewing all of the following: (A) The regional center’s public process for compliance with the procedures set forth in paragraph (2) of subdivision (c). (B) Each regional center’s performance objectives for compliance with the criteria set forth in paragraphs (1) and (2) of subdivision (c). (C) Any public comments on regional center performance objectives sent to the department or to the regional centers, and soliciting public input on the public process and final performance standards. (f) (1) Beginning May 1, 2020, and annually thereafter, each regional center’s governing board shall hold one or more public meetings regarding its prior year’s contract performance objectives and outcomes. The meetings may be held separately from meetings held pursuant to Section 4660. The regional center shall provide individuals attending these meetings with data and any associated information to facilitate discussion and community input. Regional centers shall inform the department that a meeting has been scheduled at least 30 days prior to the meeting. Notice of the meetings shall also be posted on the regional center’s internet website at least 30 days prior to the meeting and shall be sent to regional center consumers and families and individual stakeholders at least 30 days prior to the meeting. Each regional center, in holding the meetings required by this subdivision, shall ensure that the meetings and meeting materials provide language access, as required by state and federal law, and shall schedule the meetings at times and locations designed to promote attendance by the public. To encourage participation by diverse language, racial, and ethnic communities, the regional center shall consider strategies to promote opportunities for public comment. (2) Each regional center governing board shall report to the department regarding the outcomes of each public meeting held pursuant to paragraph (1) within 90 days of the meeting. The report shall include, but shall not be limited to, both of the following: (A) Copies of minutes from each meeting and comments obtained from other strategies utilized to provide opportunities for public comment from diverse language, racial, and ethnic communities. (B) The regional center’s recommendations and a plan to address areas where improvement is needed. (g) The renewal of each contract shall be contingent upon compliance with the contract, including, but not limited to, the performance objectives and achievement of sufficient progress towards meeting the requirements of any corrective action plan imposed by the state, as determined through the department’s evaluation. (Amended by Stats. 2019, Ch. 28, Sec. 16. (SB 81) Effective June 27, 2019.)
  192. 4629.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 5. Regional Centers for Persons With Developmental Disabilities [4620 - 4669.75] ( Chapter 5 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Regional Center Contracts [4620 - 4639.76] ( Article 1 added by Stats. 1977, Ch. 1252. )

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    Regional centers must post specified transparency information on their websites, and the department must maintain a transparency portal and a services page.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 5. Regional Centers for Persons With Developmental Disabilities [4620 - 4669.75] ( Chapter 5 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Regional Center Contracts [4620 - 4639.76] ( Article 1 added by Stats. 1977, Ch. 1252. ) ## 4629.5. (a) In addition to the requirements set forth in Section 4629, the department’s contract with a regional center shall require the regional center to adopt, maintain, and post on its internet website a board-approved policy regarding transparency and access to public information. The transparency and public information policy shall provide for timely public access to information, including, but not limited to, information regarding requests for proposals and contract awards, service provider rates, documentation related to establishment of negotiated rates, audits, and IRS Form 990. The transparency and public information policy shall be in compliance with applicable law relating to the confidentiality of consumer service information and records, including, but not limited to, Section 4514. (b) To promote transparency, each regional center shall include on its internet website, as expeditiously as possible, at least all of the following: (1) Regional center annual independent audits. (2) Biannual fiscal audits conducted by the department. (3) Regional center annual reports pursuant to Section 4639.5. (4) Contract awards, including the organization or entity awarded the contract, and the amount and purpose of the award. (5) Purchase of service policies and any other policies, guidelines, or regional center-developed assessment tools used to determine the transportation, personal assistant, or independent or supported living service needs of a consumer. (6) The names, types of service, and contact information of all vendors, except consumers or family members of consumers. (7) Board meeting agendas and approved minutes of open meetings of the board and all committees of the board. (8) Bylaws of the regional center governing board. (9) The annual performance contract and yearend performance contract entered into with the department pursuant to this division. (10) The biannual Home and Community-based Services Waiver program review conducted by the department and the State Department of Health Care Services. (11) The board-approved transparency and public information policy. (12) The board-approved conflict-of-interest policy. (13) Reports required pursuant to Section 4639.5. (14) A link to the page on the department’s internet website, specified in subdivision (d). (15) The salaries, wages, and employee benefits for all managerial positions for which the primary purpose is the administrative management of the regional center, including, but not limited to, directors and chief executive officers. (16) Regional center-specific reports generated pursuant to, and for the purposes of, subdivision (h) of Section 4571. (c) The department shall establish and maintain a transparency portal on its internet website that allows consumers, families, advocates, and others to access provider and regional center information. Posted information on the department’s internet website transparency portal shall include, but need not be limited to, all of the following: (1) A link to each regional center’s internet website information referenced in subdivision (b). (2) Biannual fiscal audits conducted by the department. (3) Vendor audits. (4) Biannual Home and Community-based Services Waiver program reviews conducted by the department and the State Department of Health Care Services. (5) Biannual targeted case management program and federal nursing home reform program reviews conducted by the department. (6) Early Start Program reviews conducted by the department. (7) Annual performance contract and year-end performance contract reports. (d) The department shall establish and maintain a page on its internet website that includes both a list of services purchased by regional centers or provided directly to consumers by regional centers and a brief description of those services. (Amended by Stats. 2019, Ch. 28, Sec. 17. (SB 81) Effective June 27, 2019.)
  193. 4629.7.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 5. Regional Centers for Persons With Developmental Disabilities [4620 - 4669.75] ( Chapter 5 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Regional Center Contracts [4620 - 4639.76] ( Article 1 added by Stats. 1977, Ch. 1252. )

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    Regional center contracts with service providers, and contracts between the department and regional centers, must cap administrative costs at 15%. Service providers and contractors must also give regional centers access to records about negotiated rates when requested.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 5. Regional Centers for Persons With Developmental Disabilities [4620 - 4669.75] ( Chapter 5 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Regional Center Contracts [4620 - 4639.76] ( Article 1 added by Stats. 1977, Ch. 1252. ) ## 4629.7. (a) Notwithstanding any other provision of law, all regional center contracts or agreements with service providers in which rates are determined through negotiations between the regional center and the service provider shall expressly require that not more than 15 percent of regional center funds be spent on administrative costs. For purposes of this subdivision, direct service expenditures are those costs immediately associated with the services to consumers being offered by the provider. Funds spent on direct services shall not include any administrative costs. Administrative costs include, but are not limited to, any of the following: (1) Salaries, wages, and employee benefits for managerial personnel whose primary purpose is the administrative management of the entity, including, but not limited to, directors and chief executive officers. (2) Salaries, wages, and benefits of employees who perform administrative functions, including, but not limited to, payroll management, personnel functions, accounting, budgeting, and facility management. (3) Facility and occupancy costs, directly associated with administrative functions. (4) Maintenance and repair. (5) Data processing and computer support services. (6) Contract and procurement activities, except those provided by a direct service employee. (7) Training directly associated with administrative functions. (8) Travel directly associated with administrative functions. (9) Licenses directly associated with administrative functions. (10) Taxes. (11) Interest. (12) Property insurance. (13) Personal liability insurance directly associated with administrative functions. (14) Depreciation. (15) General expenses, including, but not limited to, communication costs and supplies directly associated with administrative functions. (b) Notwithstanding any other provision of law, all contracts between the department and the regional centers shall require that not more than 15 percent of all funds appropriated through the regional center’s operations budget shall be spent on administrative costs. For purposes of this subdivision, “direct services” includes, but is not limited to, service coordination, assessment and diagnosis, monitoring of consumer services, quality assurance, and clinical services. Funds spent on direct services shall not include any administrative costs. For purposes of this subdivision, administrative costs include, but are not limited to, any of the following: (1) Salaries, wages, and employee benefits for managerial personnel whose primary purpose is the administrative management of the regional center, including, but not limited to, directors and chief executive officers. (2) Salaries, wages, and benefits of employees who perform administrative functions, including, but not limited to, payroll management, personnel functions, accounting, budgeting, auditing, and facility management. (3) Facility and occupancy costs, directly associated with administrative functions. (4) Maintenance and repair. (5) Data processing and computer support services. (6) Contract and procurement activities, except those performed by direct service employees. (7) Training directly associated with administrative functions. (8) Travel directly associated with administrative functions. (9) Licenses directly associated with administrative functions. (10) Taxes. (11) Interest. (12) Property insurance. (13) Personal liability insurance directly associated with administrative functions. (14) Depreciation. (15) General expenses, including, but not limited to, communication costs and supplies directly associated with administrative functions. (c) Consistent with subdivision (a), service providers and contractors, upon request, shall provide regional centers with access to any books, documents, papers, computerized data, source documents, consumer records, or other records pertaining to the service providers’ and contractors’ negotiated rates. (Added by Stats. 2011, Ch. 9, Sec. 8. (SB 74) Effective March 24, 2011.)
  194. 4630.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 5. Regional Centers for Persons With Developmental Disabilities [4620 - 4669.75] ( Chapter 5 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Regional Center Contracts [4620 - 4639.76] ( Article 1 added by Stats. 1977, Ch. 1252. )

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    The state’s contract with the contracting agency cannot require confidential client information, block regional center innovation, interfere with private corporate rights, or stop regional center employees from organizing and bargaining collectively.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 5. Regional Centers for Persons With Developmental Disabilities [4620 - 4669.75] ( Chapter 5 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Regional Center Contracts [4620 - 4639.76] ( Article 1 added by Stats. 1977, Ch. 1252. ) ## 4630. The contract between the state and the contracting agency shall not: (a) Require information that violates client confidentiality. (b) Prevent a regional center from employing innovative programs, techniques, or staffing arrangements which may reasonably be expected to enhance program effectiveness. (c) Contain provisions which impinge upon the legal rights of private corporations chartered under California statutes. (d) Prevent the right of employees of a regional center to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection. Nothing in this subdivision shall be construed to limit the state’s authority to contract within available funds pursuant to Section 4621 or to obligate the state to appropriate funds in excess of those appropriated in the then current Budget Act. (Amended by Stats. 1979, Ch. 931.)
  195. 4631.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 5. Regional Centers for Persons With Developmental Disabilities [4620 - 4669.75] ( Chapter 5 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Regional Center Contracts [4620 - 4639.76] ( Article 1 added by Stats. 1977, Ch. 1252. )

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    The State Department of Developmental Services must adopt uniform accounting, budgeting, administrative, and reporting regulations for regional centers, contracts must require strict accountability and reporting, and the Director of Developmental Services must publish an annual financial status report by February 28.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 5. Regional Centers for Persons With Developmental Disabilities [4620 - 4669.75] ( Chapter 5 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Regional Center Contracts [4620 - 4639.76] ( Article 1 added by Stats. 1977, Ch. 1252. ) ## 4631. (a) In order to provide to the greatest extent practicable a larger degree of uniformity and consistency in the services, funding, and administrative practices of regional centers throughout the state, the State Department of Developmental Services shall, in consultation with the regional centers, adopt regulations prescribing a uniform accounting system, a uniform budgeting and encumbrancing system, a systematic approach to administrative practices and procedures, and a uniform reporting system which shall include: (1) Number and costs of diagnostic services provided by each regional center. (2) Number and costs of services by service category purchased by each regional center. (3) All other administrative costs of each regional center. (b) The department’s contract with a regional center shall require strict accountability and reporting of all revenues and expenditures, and strict accountability and reporting as to the effectiveness of the regional center in carrying out its program and fiscal responsibilities as established herein. (c) The Director of Developmental Services shall publish a report of the financial status of all regional centers and their operations by February 28 of each year. At a minimum, the report shall include each regional center’s budget and actual expenditures for the previous fiscal year and each center’s budget and projected expenditures for the current fiscal year. (Amended by Stats. 2001, Ch. 171, Sec. 23. Effective August 10, 2001.)
  196. 4632.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 5. Regional Centers for Persons With Developmental Disabilities [4620 - 4669.75] ( Chapter 5 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Regional Center Contracts [4620 - 4639.76] ( Article 1 added by Stats. 1977, Ch. 1252. )

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    If the department and a regional center cannot resolve a contract dispute, either side may ask the state council to review and advise. The council must give written advice within 30 days, send copies to the Director of Developmental Services and the regional center’s governing board, and its advice is not binding.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 5. Regional Centers for Persons With Developmental Disabilities [4620 - 4669.75] ( Chapter 5 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Regional Center Contracts [4620 - 4639.76] ( Article 1 added by Stats. 1977, Ch. 1252. ) ## 4632. If the department and a regional center are unable to resolve any contract dispute, including disputes between the regional center and the department over whether a contract should be renewed or continued, either party may request the state council to review and advise with regard to the issues in dispute. The state council shall review and shall provide its advice in writing within 30 days of receiving a request for such review and advice. Copies of the state council’s advice shall be transmitted to the Director of Developmental Services and the governing board of the regional center. The state council’s advice shall not be binding upon either party. (Amended by Stats. 1982, Ch. 399, Sec. 1. Effective July 7, 1982.)
  197. 4633.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 5. Regional Centers for Persons With Developmental Disabilities [4620 - 4669.75] ( Chapter 5 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Regional Center Contracts [4620 - 4639.76] ( Article 1 added by Stats. 1977, Ch. 1252. )

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    The department or a regional center must give 30 days’ notice before adopting a material policy change that affects the contract, and the department may not make regional centers provide or buy services beyond their funding appropriation.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 5. Regional Centers for Persons With Developmental Disabilities [4620 - 4669.75] ( Chapter 5 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Regional Center Contracts [4620 - 4639.76] ( Article 1 added by Stats. 1977, Ch. 1252. ) ## 4633. If the department or any regional center intends to adopt any material change in policy which will have a direct effect upon the contract between the state and the regional center, the department or the regional center shall give at least 30 days’ notice of an intent to change policy, and, if necessary, the contract between the state and such regional center shall be amended. The department shall not require regional centers to provide or purchase any services beyond the level of the funding appropriation for such services. If the department should alter the rates of payments to providers, the regional center budget shall be adjusted accordingly. (Added by Stats. 1977, Ch. 1252.)
  198. 4634.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 5. Regional Centers for Persons With Developmental Disabilities [4620 - 4669.75] ( Chapter 5 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Regional Center Contracts [4620 - 4639.76] ( Article 1 added by Stats. 1977, Ch. 1252. )

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    Regional center contracts must be presented for final negotiation to the regional center governing boards at least 90 days before the contracts take effect, and regional centers are not expected to do functions not in the contract unless the contract is revised.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 5. Regional Centers for Persons With Developmental Disabilities [4620 - 4669.75] ( Chapter 5 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Regional Center Contracts [4620 - 4639.76] ( Article 1 added by Stats. 1977, Ch. 1252. ) ## 4634. Contracts between the department and regional center shall be presented for final negotiation to regional center governing boards at least 90 days’ prior to the effective date of such contracts. A regional center shall not be expected to perform functions not specified in the contract without a revision of such contract. (Added by Stats. 1977, Ch. 1252.)
  199. 4635.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 5. Regional Centers for Persons With Developmental Disabilities [4620 - 4669.75] ( Chapter 5 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Regional Center Contracts [4620 - 4639.76] ( Article 1 added by Stats. 1977, Ch. 1252. )

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    This section requires regional centers to notify the department immediately if they cannot meet contract or statutory requirements, and gives both sides notice and protest procedures for contract cancellation or nonrenewal.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 5. Regional Centers for Persons With Developmental Disabilities [4620 - 4669.75] ( Chapter 5 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Regional Center Contracts [4620 - 4639.76] ( Article 1 added by Stats. 1977, Ch. 1252. ) ## 4635. (a) If any regional center finds that it is unable to comply with the requirements of this division or its contract with the state, the regional center shall be responsible for informing the department immediately that it does not expect to fulfill its contractual obligations. Failure to provide the notification to the department in a timely manner shall constitute grounds for possible revocation or nonrenewal of the contract. If any regional center makes a decision to cancel or not renew its contract with the department, the regional center shall give a minimum of 90 days’ written notice of its decision. (b) (1) If the department finds that any regional center is not fulfilling its contractual obligations, the department shall make reasonable efforts to resolve the problem within a reasonable period of time with the cooperation of the regional center, including the action described in paragraph (2) of subdivision (b) of Section 4629 or renegotiation of the contract. (2) If the department’s efforts to resolve the problem are not successful, the department shall issue a letter of noncompliance. The letter of noncompliance shall state the noncompliant activities and establish a specific timeline for the development and implementation of a corrective action plan. The department shall approve the plan and monitor its implementation. Letters of noncompliance shall be made available to the public upon request. The letter of noncompliance shall not include privileged or confidential consumer information or information that would violate the privacy rights of regional center board members or employees. The department shall notify the state council and shall provide the state council with a copy of the corrective action plan, the timeline, and any other action taken by the department relating to the requirements for corrective action. (c) If the department finds that any regional center continues to fail in fulfilling its contractual obligations after reasonable efforts have been made, and finds that other regional centers are able to fulfill similar obligations under similar contracts, and finds that it will be in the best interest of the persons being served by the regional center, the department shall take steps to terminate the contract and to negotiate with another governing board to provide regional center services in the area. These findings may also constitute grounds for possible nonrenewal of the contract in addition to, or in lieu of, other grounds. (d) If the department makes a decision to cancel or not renew its contract with the regional center, the department shall give a minimum of 90 days’ written notice of its decision, unless it has determined that the 90 days’ notice would jeopardize the health or safety of the regional center’s consumers, or constitutes willful misuse of state funds, as determined by the Attorney General. Within 14 days after receipt of the notice, the regional center may make a written protest to the department of the decision to terminate or not renew the contract. In that case, the department shall: (1) arrange to meet with the regional center and the state council within 30 days after receipt of the protest to discuss the decision and to provide its rationale for the termination or nonrenewal of the contract, and to discuss any feasible alternatives to termination or nonrenewal, including the possibility of offering a limited term contract of less than one fiscal year; and (2) initiate the procedures for resolving disputes contained in Section 4632. To the extent allowable under state and federal law, any outstanding audit exceptions or other deficiency reports, appeals, or protests shall be made available and subject to discussion at the meeting arranged under clause (1). (e) When terminating or not renewing a regional center contract and negotiating with another governing board for a regional center contract, the department shall do all of the following: (1) Notify the State Council on Developmental Disabilities, all personnel employed by the regional center, all service providers to the regional center, and all consumers of the regional center informing them that it proposes to terminate or not renew the contract with the regional center, and that the state will continue to fulfill its obligations to ensure a continuity of services, as required by state law, through a contract with a new governing board. (2) Issue a request for proposals prior to selecting and negotiating with another governing board for a regional center contract. The state council shall review all proposals and make recommendations to the department. (3) Request the state council and any other community agencies to assist the state by locating or organizing a new governing board to contract with the department to operate the regional center in the area. The state council shall cooperate with the department when that assistance is requested. (4) Provide any assistance that may be required to ensure that the transfer of responsibility to a new regional center will be accomplished with minimum disruption to the clients of the service program. (f) In no event shall the procedures for termination or nonrenewal of a regional center contract limit or abridge the state’s authority to contract with any duly authorized organization for the purpose of service delivery, nor shall these procedures be interpreted to represent a continued contractual obligation beyond the limits of any fiscal year contract. (Amended by Stats. 2014, Ch. 409, Sec. 42. (AB 1595) Effective January 1, 2015.)
  200. 4636.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 5. Regional Centers for Persons With Developmental Disabilities [4620 - 4669.75] ( Chapter 5 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Regional Center Contracts [4620 - 4639.76] ( Article 1 added by Stats. 1977, Ch. 1252. )

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    The department may temporarily operate a regional center to avoid disrupting services, but it cannot do so for more than 120 days before contracting with a new governing board.

    ## Welfare and Institutions Code - WIC ## DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED [4500 - 4885] ( Division 4.5 added by Stats. 1977, Ch. 1252. ) ## CHAPTER 5. Regional Centers for Persons With Developmental Disabilities [4620 - 4669.75] ( Chapter 5 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Regional Center Contracts [4620 - 4639.76] ( Article 1 added by Stats. 1977, Ch. 1252. ) ## 4636. If necessary, to avoid disruption of the service program, the department may directly operate a regional center during the interim period between the termination of its contract with one governing board and the assumption of operating responsibility by a regional center contract with another governing board. In no event shall the department directly operate a regional center program for longer than 120 days before contracting with a new governing board. The department may, if requested by the new governing board, continue to provide additional assistance to avoid disruption of the service program, until such time as the governing board has assumed full responsibility for the operation of the program. (Added by Stats. 1977, Ch. 1252.)

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