Welfare and Institutions Code

Part 27 of 35 · provisions 5,201–5,400

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

Jurisdiction: United States — California
Instrument: Code
Citation: WIC
Version: Undated source snapshot
Language: en
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Complete work: View statute overview

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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

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4638.
## 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 and related personnel may not use state funds to support anti-union organizing activity or related litigation.

## 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. ) ## 4638. Non-profit corporations operating regional centers shall not use state funds allocated to the corporation for operating the center for activities directly related to influencing employees of the center regarding their decision to organize or not to organize and to form a union or to join an existing union because these activities are not directly related to the purchase of services to clients. State funds shall not be used for these activities by the officers or employees of the corporation itself, by the officers or employees of the regional center, or by an independent contractor, consultant or attorney. State funds shall not be used to litigate the issue of the application of the National Labor Relations Act to, nor the jurisdiction of the National Labor Relations Board over, non-profit corporations operating regional centers. Nothing in this section shall be construed as limiting the employers rights under Section 8(c) of the National Labor Relations Act. Nothing in this section shall be construed as limiting the use of state funds by the regional center in the employment of, or for contracting for, assistance in good faith collective bargaining or in handling employee grievances, including arbitration, under an employee-employer contract. (Added by Stats. 1982, Ch. 327, Sec. 200. Effective June 30, 1982.)
4639.
## 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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A regional center’s governing board must hire an independent accounting firm for an annual audited financial statement, review and approve the audit materials, submit them to the department on time, and make them public after submission.

## 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. ) ## 4639. (a) The governing board of a regional center shall annually contract with an independent accounting firm for an audited financial statement. The audit report and accompanying management letter shall be reviewed and approved by the regional center board and submitted to the department within 60 days of completion and before April 1 of each year. Upon submission to the department, the audit report and accompanying management letter shall be made available to the public by the regional center. It is the intent of the Legislature that no additional funds be appropriated for this purpose. (b) For the 2011–12 fiscal year and subsequent years, the audit specified in subdivision (a) shall not be completed by the same accounting firm more than five times in every 10 years. (Amended by Stats. 2011, Ch. 9, Sec. 9. (SB 74) Effective March 24, 2011.)
4639.5.
## 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 report salary schedules and administrative spending to the state department on set deadlines, and the department must provide the information to the public on request.

## 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. ) ## 4639.5. (a) By December 1 of each year, each regional center shall provide a listing to the State Department of Developmental Services a complete current salary schedule for all personnel classifications used by the regional center. The information shall be provided in a format prescribed by the department. The department shall provide this information to the public upon request. From February 1, 2009, to June 30, 2010, inclusive, the requirements of this subdivision shall not apply. (b) By December 1 of each year, each regional center shall report information to the department on all prior fiscal year expenditures from the regional center operations budget for all administrative services, including managerial, consultant, accounting, personnel, labor relations, and legal services, whether procured under a written contract or otherwise. Expenditures for the maintenance, repair, or purchase of equipment or property shall not be required to be reported for purposes of this subdivision. The report shall be prepared in a format prescribed by the department and shall include, at a minimum, for each recipient the amount of funds expended, the type of service, and purpose of the expenditure. The department shall provide this information to the public upon request. Regional centers shall not be required to prepare or submit the report required by this subdivision in 2009. (c) Beginning July 1, 2016, and to the extent funds are appropriated in the annual Budget Act for this purpose, the department shall allocate thirty-one million one hundred thousand dollars ($31,100,000), plus any associated matching funds, to provide a salary increase, benefit increase, or both, excluding unfunded retirement liabilities, for regional center operations. Of this amount, twenty-nine million seven hundred thousand dollars ($29,700,000) shall be used for salary, benefit increases, or both, for regional center staff, and shall not supplant funding currently scheduled to be used for this purpose. These funds shall not be used to provide salary or benefit increases to regional center executive staff or for unfunded retirement liabilities. The remaining one million four hundred thousand dollars ($1,400,000) shall be used for an increase for administrative costs, consistent with those specified in subdivision (b) of Section 4629.7, for both regional centers and clients’ rights advocates contracts pursuant to subdivision (b) of Section 4433. Regional centers shall maintain documentation, subject to audit, on how this funding was allocated. (d) By March 10, 2017, and again by October 1, 2017, and in a format prescribed by the department, each regional center shall report the following information to the department: (1) The total amount provided to staff for purposes of subdivision (c). (2) The position titles of staff receiving the increase and amounts of increases by title. (3) The number of service coordinators receiving the increase. (4) Data on staff turnover. (5) The classification of expenditures and amount for each of the administrative costs outlined in subdivision (b) of Section 4629.7. (6) The allocation methodology used by a regional center to distribute the funding. (7) Any other information determined by the department. (e) In its 2017–18 May Revision fiscal estimate, the department shall describe the implementation of the increase provided in subdivision (c), including, but not limited to, the data described in subdivision (d), aggregated by regional center and statewide, and the impact of the increase on caseload ratios. (f) Any regional center that fails to report the information required by subdivision (d) to the department shall forfeit the increases described in subdivision (c). (Amended by Stats. 2016, 2nd Ex. Sess., Ch. 3, Sec. 3. (AB 1 2x) Effective June 9, 2016.)
4639.6.
## 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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The Director of Developmental Services may issue directives to regional centers, and regional centers must comply with directives issued 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 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. ) ## 4639.6. The Director of Developmental Services may issue directives to the regional centers as the director deems necessary to protect consumer rights, health, safety, or welfare, or in accordance with Section 4434. The regional center shall comply with any directive issued by the director pursuant to this section. The directive shall not be in conflict with existing statutes or regulations. (Added by Stats. 2019, Ch. 28, Sec. 18. (SB 81) Effective June 27, 2019.)
4639.75.
## 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 provide up-to-date employment-related information to regional centers and online, and it must assess and plan staff training on employment issues.

## 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. ) ## 4639.75. (a) On an ongoing basis, and as necessary, the State Department of Developmental Services shall provide to regional centers, and make available on the Internet, up-to-date information about work incentive programs for persons with developmental disabilities and other information relevant to persons with developmental disabilities in making informed choices about employment options. This information may include, but not be limited to, the access and retention of needed benefits, the interactions of earned income, asset building, and other financial changes on benefits, employment resources and protections, taxpayer requirements and responsibilities, training opportunities, and information and services available through other agencies, organizations, or on the Internet. (b) The department, in consultation with regional centers, shall assess the need for, and develop a plan for, training of regional center staff on employment issues facing persons with a developmental disability. The department shall not be required to implement training pursuant to this section if implementation cannot be achieved within existing resources, unless additional funding for this purpose becomes available. (Added by Stats. 2006, Ch. 397, Sec. 3. Effective January 1, 2007.)
4639.76.
## 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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A contracted regional center is subject to the California Public Records Act, and this section becomes operative on January 1, 2026.

## 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. ) ## 4639.76. (a) A regional center with which the department maintains a contract pursuant to Section 4629 shall be subject to the California Public Records Act (Chapter 1 (commencing with Section 7920.000) of Division 10 of Title 1 of the Government Code). (b) This section shall become operative on January 1, 2026. (Added by Stats. 2024, Ch. 902, Sec. 5. (AB 1147) Effective January 1, 2025. Operative January 1, 2026, by its own provisions.)
4639.80.
## 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 1.1. Regional Center Worker Retention [4639.80 - 4639.83] ( Article 1.1 added by Stats. 2018, Ch. 975, Sec. 3. )
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The department must notify a regional center contractor when a different contractor has been awarded or is expected to be awarded the contract, and the predecessor contractor must give the successor contractor a covered-employee list at least 15 days before the change of operator.

## 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 1.1. Regional Center Worker Retention [4639.80 - 4639.83] ( Article 1.1 added by Stats. 2018, Ch. 975, Sec. 3. ) ## 4639.80. (a) Notwithstanding Section 4630 or any other law, a contract between the State Department of Developmental Services and a private nonprofit association for the operation of a regional center pursuant to Article 1 (commencing with Section 4620) that is entered into or renewed on and after January 1, 2019, shall include procedures for employee retention, as provided in this article. (b) The following definitions apply for purposes of this article: (1) “Change of operator” means the replacement, by the department, of a contractor with a successor contractor. (2) “Contractor” means a nonprofit corporation with which the department contracts to operate a regional center pursuant to Sections 4621 and 4621.5. (3) (A) “Covered employee” means an individual who has been employed by a contractor for at least 90 days immediately before a change of operator. (B) “Covered employee” does not include any of the following: (i) A managerial, supervisory, or confidential employee. (ii) A temporary employee. (iii) A part-time employee who has worked less than 20 hours per week for the predecessor contractor for at least 90 days immediately before the change of operator. (4) “Department” means the State Department of Developmental Services. (5) “Predecessor contractor” means the contractor before the change of operator. (6) “Regional center” means a regional center as that term is used in this chapter. (7) “Successor contractor” means the contractor following the change of operator. (8) “Total compensation” means the combined value of the covered employee’s wages and benefits immediately before the change of operator. Total compensation may be paid entirely as wages or in any combination of wages and fringe benefits, to be determined by the successor contractor. Total compensation includes the following amounts: (A) The covered employee’s hourly wage rate or per diem value of the covered employee’s monthly salary. (B) Employer payments toward the covered employee’s health and welfare and pension benefits. Employer payments toward health and welfare and pension benefits shall include only those payments that are recognized as employer payments under paragraphs (1) and (2) of subdivision (b) of Section 1773.1. of the Labor Code. (9) “Transition period” means a period of 90 days immediately following the effective date of a change of operator. (c) (1) The department shall notify a contractor operating a regional center that the department has awarded, or intends to award, the contract to a different contractor. The notification shall include the effective date of the change of operator and the name, address, and contact information of the successor contractor. (2) At least 15 days before the effective date of the change of operator, the predecessor contractor shall provide to the successor contractor a list of the names, addresses, hire dates, total compensation, and classification of all covered employees. (Added by Stats. 2018, Ch. 975, Sec. 3. (SB 134) Effective January 1, 2019.)
4639.81.
## 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 1.1. Regional Center Worker Retention [4639.80 - 4639.83] ( Article 1.1 added by Stats. 2018, Ch. 975, Sec. 3. )
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This section requires a successor contractor to keep covered employees for 90 days after a change of operator, limits pay cuts and no-cause terminations during the transition period, and requires notice and recordkeeping by the predecessor and successor contractors.

## 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 1.1. Regional Center Worker Retention [4639.80 - 4639.83] ( Article 1.1 added by Stats. 2018, Ch. 975, Sec. 3. ) ## 4639.81. A contract entered into or renewed pursuant to this article shall be subject to all of the following conditions: (a) Except as otherwise provided in this section, the successor contractor shall agree to retain all covered employees for at least 90 days following a change of operator. (1) During the transition period, the successor contractor shall not reduce the total compensation of any covered employee. (2) During the transition period, the successor contractor shall not terminate a covered employee without cause. (3) If the successor contractor determines in good faith that it requires fewer employees at a covered employee’s principal place of employment during the transition period than were required by the predecessor contractor, the successor contractor shall retain qualified covered employees by seniority within each job classification. (4) At the end of the transition period, the successor contractor shall make a written performance evaluation for each covered employee retained during the transition period. (5) A successor contractor and a labor organization representing covered employees may, by collective bargaining agreement, provide that the agreement supersedes the requirements of this subdivision. (b) At least 15 days before the effective date of a change of operator, the predecessor contractor shall cause to be posted public notice of the change of operator at each principal place of employment of any covered employee. The notice shall include the name of the predecessor contractor and its contact information, the name of the successor contractor and its contact information, and the effective date of the change of operator. The notice shall be posted in a conspicuous place in a manner to be readily viewed by covered employees. At least 15 days before the effective date of a change of operator, the predecessor contractor shall also cause the notice to be sent to any labor organization that represents the covered employees. (c) A successor contractor shall retain the following records, in written or electronic format, for at least three years: (1) The list provided to the successor contractor pursuant to paragraph (2) of subdivision (c) of Section 4639.80. (2) All offers of employment made to covered employees. (3) All terminations of covered employees during a transition period, including the reasons for termination. (4) All written performance evaluations of covered employees made pursuant to paragraph (4) of subdivision (a). (Added by Stats. 2018, Ch. 975, Sec. 3. (SB 134) Effective January 1, 2019.)
4639.82.
## 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 1.1. Regional Center Worker Retention [4639.80 - 4639.83] ( Article 1.1 added by Stats. 2018, Ch. 975, Sec. 3. )
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Covered employees in specified transition situations may sue a successor contractor, and the court can award back pay and other relief; prevailing employees must also receive reasonable attorney’s fees and costs.

## 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 1.1. Regional Center Worker Retention [4639.80 - 4639.83] ( Article 1.1 added by Stats. 2018, Ch. 975, Sec. 3. ) ## 4639.82. (a) A covered employee who is not offered employment, who has been discharged in violation of this article, or who has been paid less than the covered employee’s total compensation during the transition period, may bring an action against a successor contractor in any superior court of the State of California with jurisdiction over the successor contractor. (b) Upon finding a violation of this article, the court may award back pay, calculated at the rate of the covered employee’s total compensation, for each day the violation has occurred and continues to occur. The court may issue an injunction or appropriate order to stop the continued violation of this article, and provide any other relief as the court deems appropriate. (c) If the covered employee is the prevailing party in the legal action, the court shall award the employee reasonable attorney’s fees and costs as part of the costs recoverable. (d) A covered employee shall not maintain a cause of action under this section solely due to the failure of a successor contractor to provide a written performance evaluation pursuant to paragraph (4) of subdivision (a) of Section 4639.81. (e) The rights and remedies provided by this section are in addition to, and are not intended to supplant, any existing rights or remedies. (Added by Stats. 2018, Ch. 975, Sec. 3. (SB 134) Effective January 1, 2019.)
4639.83.
## 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 1.1. Regional Center Worker Retention [4639.80 - 4639.83] ( Article 1.1 added by Stats. 2018, Ch. 975, Sec. 3. )
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This section says the article is severable, so if one part is invalid, the rest can still be effective.

## 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 1.1. Regional Center Worker Retention [4639.80 - 4639.83] ( Article 1.1 added by Stats. 2018, Ch. 975, Sec. 3. ) ## 4639.83. The provisions of this article are severable. If any provision of this article or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. (Added by Stats. 2018, Ch. 975, Sec. 3. (SB 134) Effective January 1, 2019.)
4640.
## 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 2. Regional Center Responsibilities [4640 - 4659.2] ( Article 2 added by Stats. 1977, Ch. 1252. )
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Contracts with regional centers must state the service area, who the centers are expected to serve, and what services and supports will be provided. The Director of Developmental Services must issue eligibility regulations and consult specified groups when doing so.

## 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 2. Regional Center Responsibilities [4640 - 4659.2] ( Article 2 added by Stats. 1977, Ch. 1252. ) ## 4640. (a) Contracts between the department and regional centers shall specify the service area and the categories of persons that regional centers shall be expected to serve and the services and supports to be provided. (b) In order to ensure uniformity in the application of the definition of developmental disability contained in this division, the Director of Developmental Services shall, by March 1, 1977, issue regulations that delineate, by diagnostic category and degree of disability, those persons who are eligible for services and supports by regional centers. In issuing the regulations, the director shall invite and consider the views of regional center contracting agencies, the state council, and persons with a demonstrated and direct interest in developmental disabilities. (Amended by Stats. 1998, Ch. 1043, Sec. 4. Effective January 1, 1999.)
4640.6.
## 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 2. Regional Center Responsibilities [4640 - 4659.2] ( Article 2 added by Stats. 1977, Ch. 1252. )
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The department and regional centers must follow detailed staffing, emergency response, reporting, and caseload ratio rules for 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 5. Regional Centers for Persons With Developmental Disabilities [4620 - 4669.75] ( Chapter 5 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Regional Center Responsibilities [4640 - 4659.2] ( Article 2 added by Stats. 1977, Ch. 1252. ) ## 4640.6. (a) In approving regional center contracts, the department shall ensure that regional center staffing patterns demonstrate that direct service coordination are the highest priority. (b) Contracts between the department and regional centers shall require that regional centers implement an emergency response system that ensures that a regional center staff person will respond to a consumer, or individual acting on behalf of a consumer, within two hours of the time an emergency call is placed. This emergency response system shall be operational 24 hours per day, 365 days per year. (c) Contracts between the department and regional centers shall require regional centers to have service coordinator-to-consumer ratios, as follows: (1) An average service coordinator-to-consumer ratio of 1 to 62 for all consumers who have not moved from the developmental centers to the community since April 14, 1993. In no case shall a service coordinator for these consumers have an assigned caseload in excess of 79 consumers for more than 60 days. (2) An average service coordinator-to-consumer ratio of 1 to 45 for all consumers who have moved from a developmental center to the community since April 14, 1993. In no case shall a service coordinator for these consumers have an assigned caseload in excess of 59 consumers for more than 60 days. (3) The following coordinator-to-consumer ratios shall apply: (A) All consumers enrolled in the Home and Community-based Services Waiver program for persons with developmental disabilities, an average service coordinator-to-consumer ratio of 1 to 62. (B) All consumers who have moved from a developmental center to the community since April 14, 1993, and have lived continuously in the community for at least 12 months, an average service coordinator-to-consumer ratio of 1 to 62. (C) All consumers who have not moved from the developmental centers to the community since April 14, 1993, and who are not described in subparagraph (A), an average service coordinator-to-consumer ratio of 1 to 66. (4) Notwithstanding paragraphs (1) to (3), inclusive, an average service coordinator-to-consumer ratio of 1 to 40 for all consumers five years of age and younger. (5) (A) Notwithstanding paragraphs (1) to (3), inclusive, enhanced service coordination, including a service coordinator-to-consumer ratio of 1 to 40, shall be available to consumers identified as having low or no purchase-of-service expenditures, as identified in the annual Budget Act. (B) Enhanced service coordination, including the coordinator-to-consumer ratio specified in this paragraph shall be available to specified consumers until one of the following criteria are met: (i) The family or consumer is no longer interested in receiving enhanced service coordination. (ii) All of the consumer’s identified service needs have been thoroughly explored and offered. (iii) All information and training were provided to the family and consumer and the consumer’s focused support goals were completed. (iv) The family or consumer feels confident that they can continue to receive the assistance they need to be successful without receiving enhanced service coordination. (C) For the purposes of this paragraph, “enhanced service coordination” may include, but is not limited to, all of the following: (i) Regular contact, via telephone or video, with consumers or their families. (ii) Maintaining no less than quarterly contact with consumers or their families. (iii) Having annual individual program plan or individual family service plan meetings. (6) (A) Notwithstanding paragraphs (1) to (3), inclusive, an average service coordinator-to-consumer ratio of 1 to 25 for all consumers with complex needs. (B) The coordinator-to-consumer ratio specified in this paragraph shall not be authorized for a consumer for more than 12 months after the consumer is no longer receiving the services described in clause (i) or (ii) of subparagraph (C), after the consumer is no longer placed in a facility described in clause (iii), (iv), (v), (vi), (vii), or (viii) of subparagraph (C), or after the department has made the determination described in clause (ix) of subparagraph (C), unless an extension is granted. An extension shall be based on a new and complete comprehensive assessment of the consumer’s needs. An extension may be granted one time, and shall not exceed six months. (C) For the purposes of this paragraph, a “consumer with complex needs” means a consumer who is any of the following: (i) Receiving regional center-funded mobile crisis services by a department-approved vendor, or has received those services within the past six months. (ii) Receiving state-operated crisis assessment stabilization team services, or has received those services within the past six months. (iii) Placed in a community crisis home, as defined in Section 4698. (iv) Placed in an acute crisis home operated by the department, pursuant to Section 4418.7. (v) Placed in a locked psychiatric setting or has been placed in a locked psychiatric setting in the past six months. (vi) Placed in an institution for mental disease, as described in Part 5 (commencing with Section 5900) of Division 5. (vii) Placed out of state as a result of appropriate services being unavailable within the state, pursuant to Section 4519. (viii) Placed in a county jail and eligible for diversion pursuant to Chapter 2.8 (commencing with Section 1001.20) of Title 6 of Part 2 of the Penal Code or found incompetent to stand trial as described in Section 1370.1 of the Penal Code. (ix) A person the department has determined cannot be safely served in a developmental center, as described in Section 6510.5. (7) For purposes of paragraph (3), service coordinators may have a mixed caseload of consumers three years of age and younger, consumers enrolled in the Home and Community-based Services Waiver program for persons with developmental disabilities, and other consumers if the overall average caseload is weighted proportionately to ensure that overall regional center average service coordinator-to-consumer ratios as specified in paragraph (3) are met. For purposes of paragraph (3), in no case shall a service coordinator have an assigned caseload in excess of 84 for more than 60 days. (d) For purposes of this section, “service coordinator” means a regional center employee whose primary responsibility includes preparing, implementing, and monitoring consumers’ individual program plans, securing and coordinating consumer services and supports, and providing placement and monitoring activities. (e) In order to ensure that caseload ratios are maintained pursuant to this section, each regional center shall provide service coordinator caseload data to the department, annually for each fiscal year. The data shall be submitted in the format, including the content, prescribed by the department. Within 30 days of receipt of data submitted pursuant to this subdivision, the department shall make a summary of the data available to the public upon request. The department shall verify the accuracy of the data when conducting regional center fiscal audits. Data submitted by regional centers pursuant to this subdivision shall: (1) Only include data on service coordinator positions as defined in subdivision (d). Regional centers shall identify the number of positions that perform service coordinator duties on less than a full-time basis. Staffing ratios reported pursuant to this subdivision shall reflect the appropriate proportionality of these staff to consumers served. (2) Be reported separately for service coordinators whose caseload includes any of the following: (A) Consumers who are three years of age and older and who have not moved from the developmental center to the community since April 14, 1993. (B) Consumers who have moved from a developmental center to the community since April 14, 1993. (C) Consumers who are younger than three years of age. (D) Consumers enrolled in the Home and Community-based Services Waiver program. (3) Not include positions that are vacant for more than 60 days or new positions established within 60 days of the reporting month that are still vacant. (4) For purposes of calculating caseload ratios for consumers enrolled in the Home and Community-based Services Waiver program, vacancies shall not be included in the calculations. (f) The department shall provide technical assistance and require a plan of correction for any regional center that, for two consecutive reporting periods, fails to maintain service coordinator caseload ratios required by this section or otherwise demonstrates an inability to maintain appropriate staffing patterns pursuant to this section. Plans of correction shall be developed following input from the state council, local organizations representing consumers, family members, regional center employees, including recognized labor organizations, and service providers, and other interested parties. (g) Each time that new funds are appropriated in the annual Budget Act to the department for allocation to regional centers with the stated purpose of reducing caseload ratios, both of the following shall occur: (1) Each regional center shall hold at least one public meeting during that year to receive stakeholder input to help inform the way the regional center allocates new positions funded through the allocation to that regional center. Stakeholders may include the state council, local organizations representing consumers, family members, community-based organizations that represent the ethnic and language diversity of the regional center catchment area, regional center employees, including recognized labor organizations and service providers, and other interested parties. The public meeting required by this paragraph fulfills a regional center’s requirement under subdivision (f) to gather input regarding its plan of correction if the plan of correction is discussed during the meeting. (2) On or before October 10 of the year of the appropriation of funds, and again by March 10 of that fiscal year, and in a format prescribed by the department, each regional center shall report the following information to the department: (A) The number of new service coordinator positions created with the funds allocated to reduce caseload ratios. (B) Data on current caseload ratios as of March 1 and October 1, respectively. (C) Any other information determined by the department. (3) The department shall post the information required to be reported by a regional center pursuant to paragraph (2) on its internet website. (h) Contracts between the department and regional center shall require the regional center to have, or contract for, all of the following areas: (1) Criminal justice expertise to assist the regional center in providing services and supports to consumers involved in the criminal justice system as a victim, defendant, inmate, or parolee. (2) Special education expertise to assist the regional center in providing advocacy and support to families seeking appropriate educational services from a school district. (3) Family support expertise to assist the regional center in maximizing the effectiveness of support and services provided to families. (4) Housing expertise to assist the regional center in accessing affordable housing for consumers in independent or supportive living arrangements. (5) Community integration expertise to assist consumers and families in accessing integrated services and supports and improved opportunities to participate in community life. (6) Quality assurance expertise, to assist the regional center to provide the necessary coordination and cooperation with the state council, in conducting quality-of-life assessments and coordinating the regional center quality assurance efforts. (7) Each regional center shall employ at least one consumer advocate who is a person with developmental disabilities. (8) Other staffing arrangements related to the delivery of services that the department determines are necessary to ensure maximum cost-effectiveness and to ensure that the service needs of consumers and families are met. (9) Implicit bias training, pursuant to Section 4511.1, to increase service access and equity in the developmental services system. (10) Language access and cultural competency services and support, pursuant to Section 4620.4, to allow consistent access to information and services and to advance person-centered health and human services equity outcomes toward the diminishment of racial, ethnic, and other disparities. (i) Any regional center proposing a staffing arrangement that substantially deviates from the requirements of this section shall request a waiver from the department. Prior to granting a waiver, the department shall require a detailed staffing proposal, including, but not limited to, how the proposed staffing arrangement will benefit consumers and families served, and shall demonstrate clear and convincing support for the proposed staffing arrangement from constituencies served and impacted, that include, but are not limited to, consumers, families, providers, advocates, and recognized labor organizations. In addition, the regional center shall submit to the department any written opposition to the proposal from organizations or individuals, including, but not limited to, consumers, families, providers, and advocates, including recognized labor organizations. The department may grant waivers to regional centers that sufficiently demonstrate that the proposed staffing arrangement is in the best interest of consumers and families served, complies with the requirements of this chapter, and does not violate any contractual requirements. A waiver shall be approved by the department for up to 12 months, at which time a regional center may submit a new request pursuant to this subdivision. (j) From February 1, 2009, to June 30, 2010, inclusive, the following shall not apply: (1) The service coordinator-to-consumer ratio requirements of paragraph (1), and subparagraph (C) of paragraph (3), of subdivision (c). (2) The requirements of subdivision (e). The regional centers shall, instead, maintain sufficient service coordinator caseload data to document compliance with the service coordinator-to-consumer ratio requirements in effect pursuant to this section. (3) The requirements of paragraphs (1) to (6), inclusive, of subdivision (h). (k) From July 1, 2010, until June 30, 2013, the following shall not apply: (1) The service coordinator-to-consumer ratio requirements of paragraph (1), and subparagraph (C) of paragraph (3), of subdivision (c). (2) The requirements of paragraphs (1) to (6), inclusive, of subdivision (h). (l) (1) Any contract between the department and a regional center entered into on and after January 1, 2003, shall require that all employment contracts entered into with regional center staff or contractors be available to the public for review, upon request. For purposes of this subdivision, an employment contract or portion thereof may not be deemed confidential nor unavailable for public review. (2) Notwithstanding paragraph (1), the social security number of the contracting party may not be disclosed. (3) The term of the employment contract between the regional center and an employee or contractor shall not exceed the term of the state’s contract with the regional center. (Amended by Stats. 2022, Ch. 49, Sec. 18. (SB 188) Effective June 30, 2022.)
4640.7.
## 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 2. Regional Center Responsibilities [4640 - 4659.2] ( Article 2 added by Stats. 1977, Ch. 1252. )
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Regional centers must provide service coordination so consumers have a designated service coordinator, and they must review coordination needs when setting caseload ratios.

## 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 2. Regional Center Responsibilities [4640 - 4659.2] ( Article 2 added by Stats. 1977, Ch. 1252. ) ## 4640.7. (a) It is the intent of the Legislature that regional centers assist persons with developmental disabilities and their families in securing those services and supports which maximize opportunities and choices for living, working, learning, and recreating in the community. (b) Each regional center design shall reflect the maximum cost-effectiveness possible and shall be based on a service coordination model, in which each consumer shall have a designated service coordinator who is responsible for providing or ensuring that needed services and supports are available to the consumer. Regional centers shall examine the differing levels of coordination services needed by consumers and families in order to establish varying caseload ratios within the regional center which will best meet those needs of their consumers. (Added by Stats. 1992, Ch. 1011, Sec. 9. Effective January 1, 1993.)
4640.8.
## 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 5. Regional Centers for Persons With Developmental Disabilities [4620 - 4669.75] ( Chapter 5 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Regional Center Responsibilities [4640 - 4659.2] ( Article 2 added by Stats. 1977, Ch. 1252. )
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A regional center must use its best effort to ensure consumers and family members reflect the community’s multicultural diversity when it convenes a task force or advisory group.

## 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 2. Regional Center Responsibilities [4640 - 4659.2] ( Article 2 added by Stats. 1977, Ch. 1252. ) ## 4640.8. When convening any task force or advisory group, a regional center shall make its best effort to ensure representation by consumers and family members representing the community’s multicultural diversity. (Added by Stats. 1997, Ch. 414, Sec. 16. Effective September 22, 1997.)
4640.9.
## 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 5. Regional Centers for Persons With Developmental Disabilities [4620 - 4669.75] ( Chapter 5 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Regional Center Responsibilities [4640 - 4659.2] ( Article 2 added by Stats. 1977, Ch. 1252. )
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Regional centers must send the department copies of corrective action plans and sanctions, and the department must share those records with the protection and advocacy agency on request.

## 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 2. Regional Center Responsibilities [4640 - 4659.2] ( Article 2 added by Stats. 1977, Ch. 1252. ) ## 4640.9. Beginning July 1, 2020, each regional center shall provide to the department a copy of any corrective action plans and sanctions issued to a service provider, which shall include the name of the service provider, the type of action taken, and the date of action. Copies of corrective action plans and sanctions shall be submitted quarterly, no later than 45 days following the end of each fiscal quarter. The department shall provide a copy of all corrective action plans and sanctions to the protection and advocacy agency specified in Division 4.7 (commencing with Section 4900) within 30 days of its request. The department shall consult with regional centers and the protection and advocacy agency on the process for increasing consumer and family access to the information contained in corrective action plans and sanctions. (Added by Stats. 2019, Ch. 28, Sec. 20. (SB 81) Effective June 27, 2019.)
4641.
## 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 2. Regional Center Responsibilities [4640 - 4659.2] ( Article 2 added by Stats. 1977, Ch. 1252. )
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Regional centers must conduct casefinding activities.

## 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 2. Regional Center Responsibilities [4640 - 4659.2] ( Article 2 added by Stats. 1977, Ch. 1252. ) ## 4641. All regional centers shall conduct casefinding activities, including notification of availability of service in English and such other languages as may be appropriate to the service area, outreach services in areas with a high incidence of developmental disabilities, and identification of persons who may need service. (Added by Stats. 1977, Ch. 1252.)
4641.1.
## 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 2. Regional Center Responsibilities [4640 - 4659.2] ( Article 2 added by Stats. 1977, Ch. 1252. )
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The department must set up and run a pay-differential system for certain direct service professionals who communicate in another language or medium, and it may adopt emergency regulations to do so.

## 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 2. Regional Center Responsibilities [4640 - 4659.2] ( Article 2 added by Stats. 1977, Ch. 1252. ) ## 4641.1. (a) The Legislature finds and declares all of the following: (1) The provision of services that are culturally and linguistically responsive to consumers is instrumental to improving access and equity in the developmental services system. (2) Direct service professionals are critical to the provision of services and supports to individuals with intellectual and developmental disabilities and their families. (3) In recognition of the value of effective communication between direct service professionals and the consumers and families they serve, the provision of a pay differential for bilingual and multilingual direct service professionals will increase consumer access to staff who speak their preferred language. (b) The department, subject to an appropriation, shall establish and implement a system that promotes equity in access to services for regional center consumers by providing a pay differential to direct service professionals who can communicate in a language or medium other than English as part of their regular job duties. (c) Notwithstanding any other law, a direct service professional described in subdivision (b) is eligible for a bilingual or multilingual differential if both of the following conditions are met: (1) The duties currently assigned to the direct service professional require regular communication in a language or medium other than English with an individual that has a developmental disability, and when appropriate, their families. (2) The direct service professional passes an examination certifying their ability to communicate in the language or medium other than English. (3) For the purpose of this section, “medium other than English” includes, but is not limited to, American Sign Language and other sign languages and augmentative and alternative communication. (d) The department may adopt emergency regulations to implement this section. 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 11349.6 of the Government Code. The department is exempted from the requirement that it describe specific facts showing the need for immediate action. (e) Prior to implementation, the department shall provide a report to the Legislature detailing its plan to implement a wage differential for bilingual and multilingual staff. (Added by Stats. 2021, Ch. 76, Sec. 29. (AB 136) Effective July 16, 2021.)
4641.5.
## 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 2. Regional Center Responsibilities [4640 - 4659.2] ( Article 2 added by Stats. 1977, Ch. 1252. )
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Regional centers must move vendors to electronic billing, and vendors and contracted providers must submit billings electronically, subject to stated 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 5. Regional Centers for Persons With Developmental Disabilities [4620 - 4669.75] ( Chapter 5 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Regional Center Responsibilities [4640 - 4659.2] ( Article 2 added by Stats. 1977, Ch. 1252. ) ## 4641.5. (a) Effective July 1, 2011, regional centers shall begin transitioning all vendors of all regional center services to electronic billing for services purchased through a regional center. All vendors and contracted providers shall submit all billings electronically for services provided on or after July 1, 2012, with the exception of the following: (1) A vendor or provider whose services are paid for by vouchers, as that term is defined in subdivision (i) of Section 4512. (2) A vendor or provider who demonstrates that submitting billings electronically for services presents a substantial financial hardship for the provider. (b) For purposes of this section, “electronic billing” is defined as the Regional Center e-Billing System Web application provided by the department. (Amended by Stats. 2012, Ch. 162, Sec. 196. (SB 1171) Effective January 1, 2013.)
4642.
## 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 2. Regional Center Responsibilities [4640 - 4659.2] ( Article 2 added by Stats. 1977, Ch. 1252. )
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Regional centers must do initial intake within 15 working days, decide eligibility or whether to start assessment, give notice when services or assessment are not started, and provide translated/accessibly formatted information packets and preferred-language communication.

## 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 2. Regional Center Responsibilities [4640 - 4659.2] ( Article 2 added by Stats. 1977, Ch. 1252. ) ## 4642. (a) (1) Any person believed to have a developmental disability, and any person believed to have a high risk of parenting a developmentally disabled infant shall be eligible for initial intake and assessment services in the regional centers. In addition, any infant having a high risk of becoming developmentally disabled may be eligible for initial intake and assessment services in the regional centers. For purposes of this section, “high-risk infant” means a child less than 36 months of age whose genetic, medical, or environmental history is predictive of a substantially greater risk for developmental disability than that for the general population. The department, in consultation with the State Department of Public Health, shall develop specific risk and service criteria for the high-risk infant program on or before July 1, 1983. These criteria may be modified in subsequent years based on analysis of actual clinical experience. (2) Initial intake shall be performed within 15 working days following request for assistance. Initial intake shall include, but need not be limited to, information and advice about the nature and availability of services provided by the regional center and by other agencies in the community, including guardianship, conservatorship, income maintenance, mental health, housing, education, work activity and vocational training, medical, dental, recreational, and other services or programs that may be useful to persons with developmental disabilities or their families. Intake shall also include a decision to provide assessment. (3) Commencing on January 1, 2025, the regional center shall take the following actions by the end of the 15-day initial intake period described in paragraph (2): (A) Either of the following actions: (i) Determine if the individual is eligible for regional center services. (ii) Determine if the regional center will initiate the assessment specified in Section 4643. (B) Inform the individual requesting intake of the regional center’s action. (C) If the regional center determines that the individual is not eligible for regional center services, or that the regional center is not initiating the assessment specified in Section 4643, provide the individual requesting intake and, if appropriate, the individual’s parents, legal guardian or conservator, or authorized representative, with adequate notice as required by Section 4710. (4) (A) The department shall create, with input from stakeholders, standardized information packets to be provided to any person seeking services from a regional center. There shall be one information packet related to services provided under the California Early Intervention Services Act and another information packet related to services provided under the Lanterman Developmental Disabilities Services Act. The information packets shall be translated to provide language access, as required by state and federal law, shall be available in alternative formats and alternative modes of communication, as required by federal law, and shall include, at a minimum, all of the following: (i) An overview of the regional center system. (ii) A resource guide for consumers and their families. (iii) Consumer rights. (iv) Contact information for the regional center, the department, the office of clients’ rights advocacy, and the protection and advocacy agency specified in Division 4.7 (commencing with Section 4900). (B) Each regional center shall distribute the information packets at intake, upon transfer to receiving services under the Lanterman Developmental Disabilities Services Act, and upon request. Each regional center shall begin distributing the information packets within 60 days following the department providing the information packets and issuing directives regarding the distribution of the information packets. In addition to, and not in lieu of, this requirement, each regional center shall post the full content of the most updated information packet on its internet website. (b) A regional center shall communicate with the consumer and the consumer’s family pursuant to this section in their preferred language, including providing alternative communication services and alternative formats, as required by state and federal law. (Amended by Stats. 2023, Ch. 192, Sec. 9. (SB 138) Effective September 13, 2023.)
4643.
## 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 2. Regional Center Responsibilities [4640 - 4659.2] ( Article 2 added by Stats. 1977, Ch. 1252. )
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Regional centers must assess clients within 120 days of initial intake, or within 60 days in higher-risk cases, and must communicate with consumers and families in their native language.

## 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 2. Regional Center Responsibilities [4640 - 4659.2] ( Article 2 added by Stats. 1977, Ch. 1252. ) ## 4643. (a) If assessment is needed, the assessment shall be performed within 120 days following initial intake. Assessment shall be performed as soon as possible and in no event more than 60 days following initial intake where any delay would expose the client to unnecessary risk to his or her health and safety or to significant further delay in mental or physical development, or the client would be at imminent risk of placement in a more restrictive environment. Assessment may include collection and review of available historical diagnostic data, provision or procurement of necessary tests and evaluations, and summarization of developmental levels and service needs and is conditional upon receipt of the release of information specified in subdivision (b). (b) In determining if an individual meets the definition of developmental disability contained in subdivision (a) of Section 4512, the regional center may consider evaluations and tests, including, but not limited to, intelligence tests, adaptive functioning tests, neurological and neuropsychological tests, diagnostic tests performed by a physician, psychiatric tests, and other tests or evaluations that have been performed by, and are available from, other sources. (c) At the time of assessment, the individual, or, where appropriate, the parents, legal guardian, or conservator, shall provide copies of any health benefit cards under which the consumer is eligible to receive health benefits, including, but not limited to, private health insurance, a health care service plan, Medi-Cal, Medicare, and TRICARE. If the individual, or where appropriate, the parents, legal guardians, or conservators, have no such benefits, the regional center shall not use that fact to negatively impact the services that the individual may or may not receive from the regional center. (d) A regional center shall communicate with the consumer and his or her family pursuant to this section in their native language, including providing alternative communication services, as required by Sections 11135 to 11139.7, inclusive, of the Government Code and implementing regulations. (Amended by Stats. 2013, Ch. 685, Sec. 5. (SB 555) Effective January 1, 2014.)
4643.3.
## 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 2. Regional Center Responsibilities [4640 - 4659.2] ( Article 2 added by Stats. 1977, Ch. 1252. )
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The department must develop and publish evaluation and diagnostic procedures for autism disorders and train regional center clinical staff to use 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 5. Regional Centers for Persons With Developmental Disabilities [4620 - 4669.75] ( Chapter 5 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Regional Center Responsibilities [4640 - 4659.2] ( Article 2 added by Stats. 1977, Ch. 1252. ) ## 4643.3. (a) (1) On or before April 1, 2002, the department shall develop evaluation and diagnostic procedures for the diagnosis of autism disorder and other autistic spectrum disorders. (2) The department shall publish or arrange for the publication of the evaluation and diagnostic procedures required by paragraph (1). The published evaluation and diagnostic procedures shall be available to the public. (b) The department shall develop a training program for regional center clinical staff in the utilization of diagnostic procedures for the diagnosis of autism disorder. The training program shall be implemented on or before July 1, 2002. (Added by Stats. 2001, Ch. 171, Sec. 26. Effective August 10, 2001.)
4643.5.
## 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 2. Regional Center Responsibilities [4640 - 4659.2] ( Article 2 added by Stats. 1977, Ch. 1252. )
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This section requires regional centers to keep services in place when a consumer moves, transfer records and notices quickly, and keep reporting and service-start efforts going until the new plan is working.

## 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 2. Regional Center Responsibilities [4640 - 4659.2] ( Article 2 added by Stats. 1977, Ch. 1252. ) ## 4643.5. (a) If a consumer is, or has been determined to be, eligible or provisionally eligible for services by a regional center, the consumer shall also be considered eligible or provisionally eligible by any other regional center if the consumer has moved to another location within the state. (b) An individual who is determined by any regional center to have a developmental disability or to be provisionally eligible shall remain eligible for services from regional centers unless a regional center, following a comprehensive reassessment, concludes that the original determination is clearly erroneous. (c) Whenever a consumer transfers from one regional center catchment area to another, the level and types of services and supports specified in the consumer’s individual program plan (IPP) shall be authorized and secured, if available, pending the development of a new IPP for the consumer. If these services and supports do not exist, the regional center shall convene a meeting to develop a new IPP within 30 days. Prior to approval of the new IPP, the regional center shall provide alternative services and supports that best meet the IPP objectives in the least restrictive setting. The department shall develop guidelines that describe the responsibilities of regional centers in ensuring a smooth transition of services and supports from one regional center to another, including, but not limited to, pretransferring planning and a dispute resolution process to resolve disagreements between regional centers regarding their responsibilities related to the transfer of case management services. (d) (1) The following procedures shall apply to a consumer who is transferred from one regional center’s catchment area to a different catchment area and meets any of the following conditions: (A) The consumer has an order for foster care placement. (B) The consumer is awaiting foster care placement. (C) The consumer is placed in out-of-home care through voluntary placement as defined in subdivision (o) of Section 11400. (2) (A) The county social worker or county probation officer shall immediately send a notice of relocation to the consumer’s regional center of origin, which is the sending regional center, regarding a consumer who meets the criteria set forth in paragraph (1). The consumer’s court-appointed attorney may also provide written notice of relocation. The notice of relocation shall be deemed received when the sending regional center receives written notice of relocation. (B) Upon receiving the notice of relocation, the sending regional center shall immediately send a notice of transfer, and records needed for the planning process, including, but not limited to, the current IPP or individualized family services plan (IFSP), assessments, contact information for the consumer, the caregiver, the consumer's legal guardian, the current developmental services decisionmaker, and the current educational rights holder, by priority mail, facsimile, or email, to the receiving regional center, which is the regional center in the catchment area that the child will be transferred to. (C) (i) The receiving regional center shall provide the sending regional center with contact information for a staff member who is available to confer with the planning team at the sending regional center regarding the types of services and providers available to address the service needs of the consumer in the consumer’s new residential location. (ii) Within 14 days of the notice of transfer, the receiving regional center shall provide the sending regional center with information regarding appropriate vendors and services to meet the needs of the consumer. (iii) The sending regional center shall confer with the planning team and, using information provided by the receiving regional center, determine whether changes to the current IPP or IFSP are needed to meet the service needs of the consumer in the new residential location. (iv) Prior to transfer of case management, the sending regional center shall ensure that services needed to support the consumer in the new residential location are included in the IPP or IFSP and the consumer is receiving the services and supports listed in the new or revised IPP or IFSP. (3) (A) In the case of a consumer receiving services under this division, notwithstanding subdivision (g) of Section 4646, the sending regional center shall make every reasonable effort to initiate services, as provided for in the consumer’s current IPP, as soon as possible following the notice of transfer to a new catchment area, but no later than 30 days from the date of notice of transfer. Efforts shall begin in advance of the IPP meeting. If all services identified in the consumer’s IPP have not been initiated within 30 calendar days of the notice of transfer, the regional center shall report to the court of jurisdiction as described in subparagraph (B). (B) If all services identified in the consumer’s IPP have not been initiated within 30 calendar days after the notice of transfer, the sending regional center shall report in writing to the court, the county social worker or probation officer, as applicable, and the developmental services decisionmaker, all services that are being provided to the consumer, and the process to secure any additional services that have been identified in the consumer’s IPP but not yet initiated. If all services identified in the consumer’s IPP have not been initiated within 30 days, the regional center shall report in writing to the court, county social worker, probation officer, as applicable, and the developmental services decisionmaker at 30-day intervals until all services are initiated. (C) (i) Services shall continue to be provided pursuant to subparagraph (A), pending the court’s appointment of a developmental services decisionmaker, pursuant to subdivision (g) of Section 319, subdivision (a) of Section 361, or subdivision (b) of Section 726. (ii) If the regional center is unable to obtain confirmation of the parent’s, guardian’s, or current developmental services decisionmaker’s participation in the IPP meeting, the regional center shall notify the court having jurisdiction, the county placing agency, and the consumer’s attorney that the appointment of a new developmental services decisionmaker may be necessary. (4) In the case of a consumer receiving services under the California Early Intervention Program pursuant to Title 14 (commencing with Section 95000) of the Government Code, the following procedures shall apply: (A) The sending regional center shall make every reasonable effort to initiate services, as provided for in the consumer’s current IFSP, as soon as possible following the notice of transfer but no later than 30 calendar days from the date of notice of transfer. Efforts shall begin in advance of the IFSP meeting. If all services identified in the consumer’s IFSP have not been initiated within 30 calendar days of the notice of transfer, the regional center shall report to the court of jurisdiction as described in subparagraph (B). (B) If all services identified in the consumer’s IFSP have not been initiated within 30 calendar days of the notice of transfer, the sending regional center shall report in writing to the court, the county social worker or probation officer, as applicable, and the educational rights holder, all services that are being provided to the consumer, and the process to secure any additional services that have been identified in the consumer’s IFSP but not initiated. If all services identified in the consumer’s IFSP have not been initiated within 30 days, the regional center shall report in writing to the court, county social worker, probation officer, as applicable, and the educational rights holder at 30-day intervals until all services are initiated. (C) (i) Services not requiring consent shall continue to be provided pursuant to subparagraph (A) pending the court’s appointment of an educational rights holder, pursuant to subdivision (g) of Section 319, subdivision (a) of Section 361, or subdivision (b) of Section 726. (ii) If the regional center is unable to obtain confirmation of the parent’s, guardian’s, or current educational rights holder participation in the IFSP meeting, the regional center shall notify the court of jurisdiction, the county placing agency, and the consumer’s attorney that the appointment of a new educational rights holder may be necessary. (e) For purposes of this section, the following definitions shall apply: (1) “Consumer” refers to individuals as defined in Section 4512 and any eligible infant or toddler, as defined in Section 95014 of the Government Code. (2) “Initiation of services” means the point at which the consumer begins to receive a particular service and may include assessment procedures for services, if necessary, if those services begin immediately following the completion of the assessment. (3) “Notice of relocation” means a written notice informing a regional center that currently serves a consumer described in subdivision (d) that the consumer has been relocated to a foster home that is located in a catchment area that is not served by that regional center. “Notice of relocation” includes, at a minimum, the following information: (A) The consumer’s name, date of birth, and current address. (B) The name of the consumer’s caregiver. (C) The court of jurisdiction. (D) The name of, and contact information for, the consumer’s educational rights holder or developmental services decisionmaker, if applicable. (E) The name of, and contact information for, any person who may provide authorization and consent for the release of the consumer’s regional center records or vendor assessment records, or both. (4) “Notice of transfer” means a written notice that a consumer described in paragraph (1) of subdivision (d) is transferring from a regional center located in one catchment area to a regional center located in a different catchment area and includes, at a minimum, the following information: (A) The consumer’s name and date of birth. (B) The name of, and contact information for, the consumer’s parent, or the consumer’s educational rights holder or developmental services decisionmaker, if applicable. (C) The name of, and contact information for, the consumer’s current caregiver. (D) A copy of the consumer’s current IFSP or IPP. (E) The name of, and contact information for, the child’s county social workers. (Amended by Stats. 2021, Ch. 76, Sec. 30. (AB 136) Effective July 16, 2021.)
4644.
## 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 2. Regional Center Responsibilities [4640 - 4659.2] ( Article 2 added by Stats. 1977, Ch. 1252. )
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Regional centers may provide preventive services in specified high-risk situations, and the department must make sure those services are funded only when local generic agencies cannot fund 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 5. Regional Centers for Persons With Developmental Disabilities [4620 - 4669.75] ( Chapter 5 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Regional Center Responsibilities [4640 - 4659.2] ( Article 2 added by Stats. 1977, Ch. 1252. ) ## 4644. (a) In addition to any person eligible for initial intake or assessment services, regional centers may cause to be provided preventive services to any potential parent requesting these services and who is determined to be at high risk of parenting a developmentally disabled infant, or, at the request of the parent or guardian, to any infant at high risk of becoming developmentally disabled. It is the intent of the Legislature that preventive services shall be given equal priority with all other basic regional center services. These services shall, inasmuch as feasible, be provided by appropriate generic agencies, including, but not limited to, county departments of health, perinatal centers, and genetic centers. The department shall implement operating procedures to ensure that prevention activities are funded from regional center purchase of service funds only when funding for these services is unavailable from local generic agencies. In no case, shall regional center funds be used to supplant funds budgeted by any agency which has a responsibility to provide prevention services to the general public. (b) For purposes of this section, “generic agency” means any agency which has a legal responsibility to serve all members of the general public and which is receiving public funds for providing such services. (Amended by Stats. 1982, Ch. 1242, Sec. 2.)
4646.
## 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 2. Regional Center Responsibilities [4640 - 4659.2] ( Article 2 added by Stats. 1977, Ch. 1252. )
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Regional centers must help create and manage individual program plans, give required notices and language access, and meet timing rules for plan completion and follow-up 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 5. Regional Centers for Persons With Developmental Disabilities [4620 - 4669.75] ( Chapter 5 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Regional Center Responsibilities [4640 - 4659.2] ( Article 2 added by Stats. 1977, Ch. 1252. ) ## 4646. (a) It is the intent of the Legislature that the individual program plan and provision of services and supports by the regional center system is centered on the individual and the family of the individual with developmental disabilities and takes into account the needs and preferences of the individual and the family, if appropriate. It is further the intent of the Legislature that the individual program plan be developed using a person-centered approach that reflects the needs and preferences of the consumer, and, as appropriate, their family. The services and supports provided by the regional center should assist each consumer in achieving their personal outcomes and life goals and promote inclusion in their community. It is the further intent of the Legislature to ensure that the provision of services to consumers and their families be effective in meeting the goals stated in the individual program plan, reflect the preferences and choices of the consumer, and reflect the cost-effective use of public resources. (b) The individual program plan is developed through a process of individualized needs determination. The individual with developmental disabilities and, if appropriate, the individual’s parents, legal guardian or conservator, or authorized representative, shall have the opportunity to actively participate in the development of the plan. (c) An individual program plan shall be developed for any person who, following intake and assessment, is found to be eligible for regional center services. These plans shall be completed within 60 days of the completion of the assessment. At the time of intake, the regional center shall inform the consumer and, if appropriate, the consumer’s parents, legal guardian or conservator, or authorized representative, of the services available through the state council and the protection and advocacy agency designated by the Governor pursuant to federal law, and shall provide the address and telephone numbers of those agencies. (d) Individual program plans shall be prepared jointly by the planning team. Decisions concerning the consumer’s goals, objectives, and services and supports that will be included in the consumer’s individual program plan and purchased by the regional center or obtained from generic agencies shall be made by agreement between the regional center representative and the consumer or, if appropriate, the parents, legal guardian, conservator, or authorized representative at the program plan meeting. (e) Regional centers shall comply with the request of a consumer or, if appropriate, the request of the consumer’s parents, legal guardian, conservator, or authorized representative, that a designated representative receive written notice of all meetings to develop or revise the individual program plan and of all notices sent to the consumer pursuant to Section 4710. The designated representative may be a parent or family member. (f) (1) Notwithstanding any other law, a meeting regarding the provision of services and supports by the regional center, including a meeting to develop or revise the individual program plan, shall be held by remote electronic communications if requested by the consumer or, if appropriate, if requested by the consumer’s parents, legal guardian, conservator, or authorized representative. (2) (A) If the regional center has not held an in-person individual program plan meeting or completed any other in-person meeting or visit with the consumer in the previous 12 months, the regional center shall hold an in-person individual program plan meeting or other meeting or visit at a location and at a time that is convenient for, and reflects the preference of, the consumer, and, as appropriate, their parent, legal guardian, conservator, or authorized representative. This requirement on the part of the regional center shall not impede, delay, or prevent the timely development or revision of an individual program plan, or the timely authorization or receipt of services and supports. (B) The in-person meeting requirement established in this paragraph shall remain in effect pending the department’s review, in coordination with stakeholders, of implementation of this subdivision, as amended by the act that added this paragraph. The review shall include the development of recommendations that may include, but not be limited to, whether and to what extent the in-person requirements are effective in assisting the consumer in meeting the goals stated in the individual program plan, in positively facilitating and improving service access and equity, and in helping to build relationships between service coordinators and parents, legal guardians, conservators, or authorized representatives. The department shall, after consulting with and receiving input from stakeholders, provide an update to the Legislature on the status of the review no later than January 10, 2026 and shall provide, with any additional consultation and documented input from stakeholders, the completed review to the Legislature no later than May 14, 2026. (g) At the conclusion of an individual program plan meeting, an authorized representative of the regional center shall provide to the consumer, in written or electronic format, a list of the agreed-upon services and supports, and, if known, the projected start date, the frequency and duration of the services and supports, and the provider. The authorized representative of the regional center shall sign the list of agreed-upon services and supports at that time. The consumer, or if appropriate, the consumer’s parent, legal guardian, conservator, or authorized representative shall sign the list of agreed-upon services and supports prior to its implementation. The consumer, or if appropriate, the consumer’s parent, legal guardian, conservator, or authorized representative, may elect to delay receipt of the list of agreed-upon services and supports pending final agreement, as described in subdivision (h). If the consumer, or if appropriate, the consumer’s parent, legal guardian, conservator, or authorized representative, elects to delay the receipt of the list of agreed-upon services and supports for 15 days, the list shall be provided in the preferred language of the consumer, or of the consumer’s parent, legal guardian, or authorized representative. (h) If a final agreement regarding the services and supports to be provided to the consumer cannot be reached at a program plan meeting, then a subsequent program plan meeting shall be convened within 15 days, or later at the request of the consumer or, if appropriate, the parents, legal guardian, conservator, or authorized representative or if agreed to by the planning team. The list of the agreed-upon services and supports described in subdivision (g) and signed by the authorized representative of the regional center shall be provided, in writing or electronically, at the conclusion of the subsequent program plan meeting, and shall be provided in the preferred language of the consumer, or of the consumer’s parent, legal guardian, conservator, or authorized representative. Additional program plan meetings may be held with the agreement of the regional center representative and the consumer or, if appropriate, the parents, legal guardian, conservator, or authorized representative. (i) An authorized representative of the regional center and the consumer or, if appropriate, the consumer’s parent, legal guardian, conservator, or authorized representative shall sign the individual program plan and the list of the agreed-upon services and supports prior to its implementation. If the consumer or, if appropriate, the consumer’s parent, legal guardian, conservator, or authorized representative, does not agree with all components of the individual program plan, the consumer may indicate that disagreement on the plan. Disagreement with specific plan components shall not prohibit the implementation of services and supports agreed to by the consumer or, if appropriate, the consumer’s parent, legal guardian, conservator, or authorized representative. If the consumer or, if appropriate, the consumer’s parent, legal guardian, conservator, or authorized representative, does not agree with the plan in whole or in part, the consumer shall be sent written notice of their appeal rights, as required by Sections 4701 and 4710. (j) (1) A regional center shall communicate in the consumer’s preferred language, or, if appropriate, the preferred language of the consumer’s family, legal guardian, conservator, or authorized representative, during the planning process for the individual program plan, including during the program plan meeting, and including providing alternative communication services, as required by Sections 11135 to 11139, inclusive, of the Government Code and implementing regulations. (2) A regional center shall provide alternative communication services, including providing copies of the list of services and supports, and the individual program plan in the preferred language of the consumer or the consumer’s family, legal guardian, conservator, or authorized representative, or both, as required by Sections 11135 to 11139, inclusive, of the Government Code and implementing regulations. (3) The preferred language of the consumer or the consumer’s family, legal guardian, conservator, or authorized representative, or both, shall be documented in the individual program plan. (Amended by Stats. 2024, Ch. 47, Sec. 7. (AB 162) Effective July 2, 2024.)
4646.4.
## 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 2. Regional Center Responsibilities [4640 - 4659.2] ( Article 2 added by Stats. 1977, Ch. 1252. )
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Regional centers must maintain an internal process for certain plan reviews or changes, and consumers or their representatives must provide health benefit card copies when asked in that process.

## 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 2. Regional Center Responsibilities [4640 - 4659.2] ( Article 2 added by Stats. 1977, Ch. 1252. ) ## 4646.4. (a) Regional centers shall ensure, at the time of development, scheduled review, or modification of a consumer’s individual program plan developed pursuant to Sections 4646 and 4646.5, or of an individualized family service plan pursuant to Section 95020 of the Government Code, the establishment of an internal process. This internal process shall ensure adherence with federal and state law and regulation, and if purchasing services and supports, shall ensure all of the following: (1) Conformance with the regional center’s purchase of service policies, as approved by the department pursuant to subdivision (d) of Section 4434. (2) Utilization of generic services and supports if appropriate, in accordance with all of the following: (A) The individualized family service planning team for infants and toddlers eligible under Section 95014 of the Government Code may determine that a medical service identified in the individualized family service plan is not available within 60 calendar days through the family’s private health insurance policy or health care service plan or under the Medi-Cal program and therefore, in compliance with the timely provision of service requirements contained in Part 303 (commencing with Section 303.1) of Title 34 of the Code of Federal Regulations, will be authorized for purchase-of-service funding by the regional center. (B) The individual program plan team under Section 4646 may determine that a medical service identified in the individual program plan is not available within 60 calendar days through the family’s private health insurance policy or health care service plan or under the Medi-Cal program and therefore, in compliance with paragraph (1) of subdivision (d) of Section 4659, will be authorized for purchase-of-service funding by the regional center. (C) For purposes of this paragraph, a regional center shall authorize the provision of medical services through the purchase of services during any plan delays, including the appeals process. (3) (A) Utilization of other services and sources of funding as contained in Section 4659. (B) For purposes of this paragraph, a regional center shall authorize the provision of medical or dental services through the purchase of services during any plan delays, including the appeals process. (4) Consideration of the family’s responsibility for providing similar services and supports for a minor child without disabilities in identifying the consumer’s service and support needs as provided in the least restrictive and most appropriate setting. In this determination, regional centers shall take into account the consumer’s need for extraordinary care, services, supports and supervision, and the need for timely access to this care. (5) Commencing October 1, 2022, consideration of information obtained from the consumer and, if appropriate, the parents, legal guardian, conservator, or authorized representative about the consumer’s need for the services, barriers to service access, and other information. (b) At the time of development, scheduled review, or modification of a consumer’s individual program plan developed pursuant to Sections 4646 and 4646.5, or of an individualized family service plan pursuant to Section 95020 of the Government Code, the consumer, or, if appropriate, the parents, legal guardian, or conservator, shall provide copies of their health benefit cards under which the consumer is eligible to receive health benefits, including, but not limited to, private health insurance, a health care service plan, Medi-Cal, Medicare, and TRICARE. If the individual, or, if appropriate, the parents, legal guardians, or conservators, do not have health benefits, the regional center shall not use that fact to negatively impact the services that the individual may or may not receive from the regional center. (c) Final decisions regarding the consumer’s individual program plan shall be made pursuant to Section 4646. (d) Final decisions regarding the individualized family service plan shall be made pursuant to Section 95020 of the Government Code. (Amended by Stats. 2023, Ch. 44, Sec. 18. (AB 121) Effective July 10, 2023.)
4646.5.
## 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 2. Regional Center Responsibilities [4640 - 4659.2] ( Article 2 added by Stats. 1977, Ch. 1252. )
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Regional centers and related participants must build and review individual program plans using specified assessments, timelines, 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 5. Regional Centers for Persons With Developmental Disabilities [4620 - 4669.75] ( Chapter 5 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Regional Center Responsibilities [4640 - 4659.2] ( Article 2 added by Stats. 1977, Ch. 1252. ) ## 4646.5. (a) The planning process for the individual program plan described in Section 4646 shall include all of the following: (1) Gathering information and conducting assessments to determine the life goals, capabilities and strengths, preferences, barriers, and concerns or problems of the person with developmental disabilities. For children with developmental disabilities, this process should include a review of the strengths, preferences, and needs of the child and the family unit as a whole. Assessments shall be conducted by qualified individuals and performed in natural environments whenever possible. Information shall be taken from the consumer, the consumer’s parents and other family members, the consumer’s friends, advocates, authorized representative, if applicable, providers of services and supports, and other agencies. The assessment process shall reflect awareness of, and sensitivity to, the lifestyle and cultural background of the consumer and the family. (2) A statement of goals, based on the needs, preferences, and life choices of the individual with developmental disabilities, and a statement of specific, time-limited objectives for implementing the person’s goals and addressing the person’s needs. These objectives shall be stated in terms that allow measurement of progress or monitoring of service delivery. These goals and objectives should maximize opportunities for the consumer to develop relationships, be part of community life in the areas of community participation, housing, work, school, and leisure, increase control over the consumer’s life, acquire increasingly positive roles in community life, and develop competencies to help accomplish these goals. (3) In developing individual program plans for children, regional centers shall be guided by the principles, process, and services and support parameters set forth in Section 4685. (4) In developing an individual program plan for a transition age youth or working age adult, the planning team shall consider the Employment First Policy described in Chapter 14 (commencing with Section 4868). (5) A schedule of the type and amount of services and supports to be purchased by the regional center or obtained from generic agencies or other resources in order to achieve the individual program plan goals and objectives, and identification of the provider or providers of service responsible for attaining each objective, including, but not limited to, vendors, contracted providers, generic service agencies, and natural supports. The individual program plan shall specify the approximate scheduled start date for services and supports and shall contain timelines for actions necessary to begin services and supports, including generic services. In addition to the requirements of subdivision (h) of Section 4646, each regional center shall offer, and upon request provide, a written copy of the individual program plan to the consumer, and, if appropriate, the consumer’s parents, legal guardian or conservator, or authorized representative within 45 days of their request in a threshold language, as defined by paragraph (3) of subdivision (a) of Section 1810.410 of Title 9 of the California Code of Regulations. (6) If agreed to by the consumer, the parents, legally appointed guardian, or authorized representative of a minor consumer, or the legally appointed conservator of an adult consumer or the authorized representative, including those appointed pursuant to subdivision (a) of Section 4541, subdivision (b) of Section 4701.6, and subdivision (e) of Section 4705, a review of the general health status of the adult or child, including medical, dental, and mental health needs, shall be conducted. This review shall include a discussion of current medications, any observed side effects, and the date of the last review of the medication. Service providers shall cooperate with the planning team to provide any information necessary to complete the health status review. If any concerns are noted during the review, referrals shall be made to regional center clinicians or to the consumer’s physician, as appropriate. Documentation of health status and referrals shall be made in the consumer’s record by the service coordinator. (7) (A) The development of a transportation access plan for a consumer when all of the following conditions are met: (i) The regional center is purchasing private, specialized transportation services or services from a residential, day, or other provider, excluding vouchered service providers, to transport the consumer to and from day or work services. (ii) The planning team has determined that a consumer’s community integration and participation could be safe and enhanced through the use of public transportation services. (iii) The planning team has determined that generic transportation services are available and accessible. (B) To maximize independence and community integration and participation, the transportation access plan shall identify the services and supports necessary to assist the consumer in accessing public transportation and shall comply with Section 4648.35. These services and supports may include, but are not limited to, mobility training services and the use of transportation aides. Regional centers are encouraged to coordinate with local public transportation agencies. (8) A schedule of regular periodic review and reevaluation to ascertain that planned services have been provided, that objectives have been fulfilled within the times specified, and that consumers and families are satisfied with the individual program plan and its implementation. (9) (A) When a regional center consumer is being cared for in the family home, no later than the consumer’s 22nd birthday, and annually thereafter, a discussion regarding caregiver succession and, if determined by the consumer or the consumer’s representative to be necessary, development of a caregiver succession plan, which may include, but is not limited to, both of the following: (i) Identification of individuals who may provide care to the consumer when the current caregiver is no longer able to perform the necessary tasks. (ii) Identification of possible housing options for the regional center consumer when the consumer can no longer live at home. (B) For purposes of this paragraph, “caregiver succession” means the point at which the primary caregiver is no longer able to fully care for a regional center consumer. (b) For all active cases, individual program plans shall be reviewed and modified by the planning team, through the process described in Section 4646, as necessary, in response to the person’s achievement or changing needs, and no less often than once every three years. If the consumer or, if appropriate, the consumer’s parents, legal guardian, authorized representative, or conservator requests an individual program plan review, the individual program plan shall be reviewed within 30 days after the request is submitted, or no later than 7 days after the request is submitted if necessary for the consumer’s health and safety or to maintain the consumer in their home. (c) (1) The department, with the participation of representatives of a statewide consumer organization, the Association of Regional Center Agencies, an organized labor organization representing service coordination staff, and the state council shall prepare training material and a standard format and instructions for the preparation of individual program plans, which embody an approach centered on the person and family. (2) Each regional center shall use the training materials and format prepared by the department pursuant to paragraph (1). (3) The department shall biennially review a random sample of individual program plans at each regional center to ensure that these plans are being developed and modified in compliance with Section 4646 and this section. (Amended by Stats. 2024, Ch. 441, Sec. 1. (AB 3291) Effective January 1, 2025.)
4646.55.
## 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 2. Regional Center Responsibilities [4640 - 4659.2] ( Article 2 added by Stats. 1977, Ch. 1252. )
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The State Department of Developmental Services may make supplemental payments to certain enrolled Medi-Cal providers, and it must amend specified regional center contracts to extend the liquidation period to December 31, 2011.

## 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 2. Regional Center Responsibilities [4640 - 4659.2] ( Article 2 added by Stats. 1977, Ch. 1252. ) ## 4646.55. (a) Notwithstanding any other provision of law or regulation to the contrary, and to the extent federal financial participation is available, effective July 1, 2007, the State Department of Developmental Services is hereby authorized to make supplemental payment to an enrolled Medi-Cal provider that is a licensed intermediate care facility/developmentally disabled-habilitative, licensed intermediate care facility/developmentally disabled-nursing, or licensed intermediate care facility/developmentally disabled, for day treatment and transportation services provided pursuant to Sections 4646 and 4646.5, applicable regulations, and Section 14132.925, to Medi-Cal beneficiaries residing in a licensed intermediate care facility/developmentally disabled-habilitative, licensed intermediate care facility/developmentally disabled-nursing, or licensed intermediate care facility/developmentally disabled. These payments shall be considered supplemental payments to the enrolled Medi-Cal provider and shall be comprised of the full costs of reimbursing regional centers for making disbursements to day treatment and transportation service providers, plus a coordination fee which will include an administrative fee and reimbursement for the increased costs associated with the quality assurance fee paid accordingly and without a separate State Department of Developmental Services contract. (b) Notwithstanding any other provision of law and to the extent federal financial participation is available, and in furtherance of this section and Section 14132.925, the State Department of Developmental Services shall amend the regional center contracts for the 2007–08 and 2008–09 fiscal years to extend the contract liquidation period until December 31, 2011. The contract amendments and budget adjustments shall be exempt from the provisions of Article 1 (commencing with Section 4620). (Amended by Stats. 2011, Ch. 37, Sec. 11. (AB 104) Effective June 30, 2011. Conditionally inoperative as provided in subd. (e) of Section 14132.925.)
4646.6.
## 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 2. Regional Center Responsibilities [4640 - 4659.2] ( Article 2 added by Stats. 1977, Ch. 1252. )
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Consumers, or their representatives, may record individual program plan meetings on an audiotape recorder, but they must give the regional center at least 24 hours’ notice.

## 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 2. Regional Center Responsibilities [4640 - 4659.2] ( Article 2 added by Stats. 1977, Ch. 1252. ) ## 4646.6. Notwithstanding Section 632 of the Penal Code, a consumer, or his or her parent, guardian, conservator, or authorized representative, shall have the right to record electronically the proceedings of the individual program plan meetings on an audiotape recorder. The consumer, or his or her parent, guardian, conservator, or authorized representative, shall notify the regional center of their intent to record a meeting at least 24 hours prior to the meeting. If the regional center initiates the notice of intent to audiotape record a meeting and the consumer, or his or her parent, guardian, conservator, or authorized representative, refuses to attend the meeting because it will be tape recorded, the meeting shall not be recorded on an audiotape recorder. However, the regional center shall have the right to electronically record the meeting when notice of intent to record has been given by the consumer or on the consumer’s behalf. (Added by Stats. 2007, Ch. 512, Sec. 1. Effective January 1, 2008.)
4647.
## 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 2. Regional Center Responsibilities [4640 - 4659.2] ( Article 2 added by Stats. 1977, Ch. 1252. )
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Regional centers must assign and support a service coordinator for each individual program plan, and they must notify the consumer of permanent coordinator changes within 10 business days.

## 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 2. Regional Center Responsibilities [4640 - 4659.2] ( Article 2 added by Stats. 1977, Ch. 1252. ) ## 4647. (a) Pursuant to Section 4640.7, service coordination shall include those activities necessary to implement an individual program plan, including, but not limited to, participation in the individual program plan process; assurance that the planning team considers all appropriate options for meeting each individual program plan objective; securing, through purchasing or by obtaining from generic agencies or other resources, services and supports specified in the person’s individual program plan; coordination of service and support programs; collection and dissemination of information; and monitoring implementation of the plan to ascertain that objectives have been fulfilled and to assist in revising the plan as necessary. (b) The regional center shall assign a service coordinator who shall be responsible for implementing, overseeing, and monitoring each individual program plan. The service coordinator may be an employee of the regional center or may be a qualified individual or employee of an agency with whom the regional center has contracted to provide service coordination services, or persons described in Section 4647.2. The regional center shall provide the consumer or, where appropriate, his or her parents, legal guardian, or conservator or authorized representative, with written notification of any permanent change in the assigned service coordinator within 10 business days. No person shall continue to serve as a service coordinator for any individual program plan unless there is agreement by all parties that the person should continue to serve as service coordinator. (c) Where appropriate, a consumer or the consumer’s parents or other family members, legal guardian, or conservator, may perform all or part of the duties of the service coordinator described in this section if the regional center director agrees and it is feasible. (d) If any person described in subdivision (c) is designated as the service coordinator, that person shall not deviate from the agreed-upon program plan and shall provide any reasonable information and reports required by the regional center director. (e) If any person described in subdivision (c) is designated as the service coordinator, the regional center shall provide ongoing information and support as necessary, to assist the person to perform all or part of the duties of service coordinator. (Amended by Stats. 1999, Ch. 146, Sec. 26. Effective July 22, 1999.)
4648.
## 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 2. Regional Center Responsibilities [4640 - 4659.2] ( Article 2 added by Stats. 1977, Ch. 1252. )
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Regional centers must plan and secure services and supports for consumers under the individual program plan, while following placement limits, provider-selection rules, and several purchasing prohibitions.

## 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 2. Regional Center Responsibilities [4640 - 4659.2] ( Article 2 added by Stats. 1977, Ch. 1252. ) ## 4648. In order to achieve the stated objectives of a consumer’s individual program plan, the regional center shall conduct activities, including, but not limited to, all of the following: (a) Securing needed services and supports. (1) It is the intent of the Legislature that services and supports assist individuals with developmental disabilities to achieve the greatest self-sufficiency possible and to exercise personal choices. The regional center shall secure services and supports that meet the needs of the consumer, as determined in the consumer’s individual program plan, and within the context of the individual program plan, the planning team shall give highest preference to those services and supports that would allow minors with developmental disabilities to live with their families, adult persons with developmental disabilities to live as independently as possible in the community, and that allow all consumers to interact with persons without disabilities in positive, meaningful ways. (2) In implementing individual program plans, regional centers, through the planning team, shall first consider services and supports in natural community, home, work, and recreational settings. Services and supports shall be flexible and individually tailored to the consumer and, if appropriate, the consumer’s family. (3) A regional center may, pursuant to vendorization or a contract, purchase services or supports for a consumer from an individual or agency that the regional center and consumer or, if appropriate, the consumer’s parents, legal guardian, or conservator, or authorized representatives, determines will best accomplish all or part of that consumer’s program plan. (A) Vendorization or contracting is the process for identification, selection, and utilization of service vendors or contractors, based on the qualifications and other requirements necessary in order to provide the service. (B) A regional center may reimburse an individual or agency for services or supports provided to a regional center consumer if the individual or agency has a rate of payment for vendored or contracted services established by the department, pursuant to this division, and is providing services pursuant to an emergency vendorization or has completed the vendorization procedures or has entered into a contract with the regional center and continues to comply with the vendorization or contracting requirements. The director shall adopt regulations governing the vendorization process to be utilized by the department, regional centers, vendors, and the individual or agency requesting vendorization. (C) Regulations shall include, but not be limited to: the vendor application process, and the basis for accepting or denying an application; the qualification and requirements for each category of services that may be provided to a regional center consumer through a vendor; requirements for emergency vendorization; procedures for termination of vendorization; and the procedure for an individual or an agency to appeal a vendorization decision made by the department or regional center. (D) A regional center may vendorize a licensed facility for exclusive services to persons with developmental disabilities at a capacity equal to or less than the facility’s licensed capacity. A facility already licensed on January 1, 1999, shall continue to be vendorized at their full licensed capacity until the facility agrees to vendorization at a reduced capacity. (E) Effective July 1, 2009, notwithstanding any other law or regulation, a regional center shall not newly vendor a State Department of Social Services licensed 24-hour residential care facility with a licensed capacity of 16 or more beds, unless the facility qualifies for receipt of federal funds under the Medicaid program. (4) Notwithstanding subparagraph (B) of paragraph (3), a regional center may contract or issue a voucher for services and supports provided to a consumer or family at a cost not to exceed the maximum rate of payment for that service or support established by the department. If a rate has not been established by the department, the regional center may, for an interim period, contract for a specified service or support with, and establish a rate of payment for, a provider of the service or support necessary to implement a consumer’s individual program plan. Contracts may be negotiated for a period of up to three years, with annual review and subject to the availability of funds. (5) In order to ensure the maximum flexibility and availability of appropriate services and supports for persons with developmental disabilities, the department shall establish and maintain an equitable system of payment to providers of services and supports identified as necessary to the implementation of a consumer’s individual program plan. The system of payment shall include a provision for a rate to ensure that the provider can meet the special needs of consumers and provide quality services and supports in the least restrictive setting as required by law. (6) The regional center and the consumer, or if appropriate, the consumer’s parents, legal guardian, conservator, or authorized representative, including those appointed pursuant to subdivision (a) of Section 4541, subdivision (b) of Section 4701.6, or subdivision (e) of Section 4705, shall, pursuant to the individual program plan, consider all of the following when selecting a provider of consumer services and supports: (A) A provider’s ability to deliver quality services or supports that can accomplish all or part of the consumer’s individual program plan. (B) A provider’s success in achieving the objectives set forth in the individual program plan. (C) If appropriate, the existence of licensing, accreditation, or professional certification. (D) (i) The cost of providing services or supports of comparable quality by different providers, if available, shall be reviewed, and the least costly available provider of comparable service, including the cost of transportation, who is able to accomplish all or part of the consumer’s individual program plan, consistent with the particular needs of the consumer and family as identified in the individual program plan, shall be selected. In determining the least costly provider, the availability of federal financial participation shall be considered. The consumer shall not be required to use the least costly provider if it will result in the consumer moving from an existing provider of services or supports to more restrictive or less integrated services or supports. (ii) 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 shall, with input from the community, issue a written directive defining the term “cost effective” for the purposes of all programs, including, but not limited to, the Self-Determination Program, no later than August 1, 2026. This directive shall remain in effect until regulations are adopted, but in no case for longer than two years following its issuance. Upon notification by the department to the Legislature that the written directive has been issued, clause (i) shall be ineffective. (iii) For purposes of clause (ii), input from the community shall include, but not be limited to, consultation with the department’s Lived Experience Advisory Group, individuals and families, caregivers, advocates and associations, service providers, regional centers, the State Council on Developmental Disabilities Statewide Self‑Determination Advisory Committee, and legislative staff. The department shall provide adequate notice, or 45 days at a minimum, for the community to review and provide feedback on the draft written directive, with review and consideration by the department of feedback prior to finalization for the August 1, 2026, deadline. (E) The consumer’s choice of providers, or, if appropriate, the consumer’s parent’s, legal guardian’s, authorized representative’s, or conservator’s choice of providers. (7) A service or support provided by an agency or individual shall not be continued unless the consumer or, if appropriate, the consumer’s parents, legal guardian, or conservator, or authorized representative, including those appointed pursuant to subdivision (a) of Section 4541, subdivision (b) of Section 4701.6, or subdivision (e) of Section 4705, is satisfied and the regional center and the consumer or, if appropriate, the consumer’s parents or legal guardian or conservator agree that planned services and supports have been provided, and reasonable progress toward objectives have been made. (8) Regional center funds shall not be used to supplant the budget of an agency that has a legal responsibility to serve all members of the general public and is receiving public funds for providing those services. (9) (A) To maximize federal financial participation and facilitate timely access to residential placements of consumers in foster care, the department shall enter into interagency agreements to obtain state and federal funding with the state departments that oversee the agencies that have the legal responsibility to serve all members of the general public and receive public funds for providing those services. The interagency agreement shall specify the proportion or amount of funds reimbursed by each state department or other responsible agency. Following completion of the interagency agreement, the departments shall jointly notify the local agencies. (B) Notwithstanding any other provision of law, and if specified in the joint notification received pursuant to subparagraph (A), regional centers shall fund the vendored residential service types specified in the joint notification provided to a regional center consumer who is a child or nonminor dependent who has been adjudged a dependent of the court pursuant to Section 300 or has not been adjudged a dependent of the court pursuant to Section 300 but is in the custody of the county welfare department, or has been adjudged a ward of the court pursuant to Section 601 or 602 and placed in the care and custody of the county probation department. The residential services and supports purchased by the regional center shall be consistent with the consumer’s individual program plan regardless of the placing agency or placing authority. This section shall not apply to placements made in an institution for mental diseases, as defined in Section 435.1010 of Title 42 of the Code of Federal Regulations. (C) This paragraph shall be implemented in consultation with the County Welfare Directors Association of California and the Association of Regional Center Agencies. (10) (A) A regional center may, directly or through an agency acting on behalf of the center, provide placement in, purchase of, or follow-along services to persons with developmental disabilities in, appropriate community living arrangements, including, but not limited to, support service for consumers in homes they own or lease, foster family placements, health care facilities, and licensed community care facilities. In considering appropriate placement alternatives for children with developmental disabilities, approval by the child’s parent or guardian shall be obtained before placement is made. (B) Effective July 1, 2012, notwithstanding any other law or regulation, a regional center shall not purchase residential services from a State Department of Social Services licensed 24-hour residential care facility with a licensed capacity of 16 or more beds. This prohibition on regional center purchase of residential services does not apply to either of the following: (i) A residential facility with a licensed capacity of 16 or more beds that has been approved to participate in the department’s Home and Community Based Services Waiver or another existing waiver program or certified to participate in the Medi-Cal program. (ii) A residential facility licensed as a mental health rehabilitation center by the State Department of Health Care Services under any of the following circumstances: (I) The facility is eligible for Medicaid reimbursement and the individual’s planning team determines that there are no less restrictive placements appropriate for the individual. (II) There is an emergency circumstance in which the regional center determines that it cannot locate alternate federally eligible services to meet the consumer’s needs. Under an emergency circumstance, an assessment shall be completed by the regional center as soon as possible and within 30 days of admission. An individual program plan meeting shall be convened immediately following the assessment to determine the services and supports needed for stabilization and to develop a plan to transition the consumer from the facility into the community. If transition is not expected within 90 days of admission, an individual program plan meeting shall be held to discuss the status of transition and to determine if the consumer is still in need of placement in the facility. Commencing October 1, 2012, this determination shall be made after also considering resource options identified by the statewide specialized resource service. If it is determined that emergency services continue to be necessary, the regional center shall submit an updated transition plan that can cover a period of up to 90 days. In no event shall placements under these emergency circumstances exceed 180 days. (III) The clients’ rights advocate shall be notified of each admission and individual program planning meeting pursuant to this clause and may participate in all individual program planning meetings unless the consumer objects on their own behalf. For purposes of this subclause, notification to the clients’ rights advocate shall include a copy of the most recent comprehensive assessment or updated assessment and the time, date, and location of the meeting, and shall be provided as soon as practicable, but not less than seven calendar days before the meeting. (IV) If a consumer is placed in a mental health rehabilitation center by another entity, the mental health rehabilitation center shall inform the regional center of the placement within five days of the date the consumer is admitted. If an individual’s records indicate that the individual is a regional center consumer, the mental health rehabilitation center shall make every effort to contact the local regional center or the department to determine which regional center to provide notice. As soon as possible within 30 days of admission to a mental health rehabilitation center due to an emergency pursuant to subclause (II), or within 30 days of notification of admission to a mental health rehabilitation center by an entity other than a regional center, an assessment shall be completed by the regional center. (C) (i) Effective July 1, 2012, notwithstanding any other law or regulation, a regional center shall not purchase new residential services from, or place a consumer in, institutions for mental disease, as described in Part 5 (commencing with Section 5900) of Division 5, for which federal Medicaid funding is not available. Effective July 1, 2013, this prohibition applies regardless of the availability of federal funding. (ii) The prohibition described in clause (i) shall not apply to emergencies, as determined by the regional center, if a regional center cannot locate alternate services to meet the consumer’s needs. As soon as possible within 30 days of admission due to an emergency, an assessment shall be completed by the regional center. An individual program plan meeting shall be convened immediately following the assessment, to determine the services and supports needed for stabilization and to develop a plan to transition the consumer from the facility to the community. If transition is not expected within 90 days of admission, an emergency program plan meeting shall be held to discuss the status of the transition and to determine if the consumer is still in need of placement in the facility. If emergency services continue to be necessary, the regional center shall submit an updated transition plan to the department for an extension of up to 90 days. Placement shall not exceed 180 days. (iii) Effective January 1, 2020, the exception in clause (ii) shall no longer apply. As of this date, the prohibition in clause (i) shall not apply to acute crises when the following conditions are met prior to a regional center purchasing new residential services from, or placing a consumer in, an institution for mental disease: (I) The regional center prepares an assessment for inclusion in the consumer’s file detailing all considered community-based services and supports, including, but not limited to, rate adjustments, as provided by law, supplemental services, as set forth in subparagraph (F), emergency and crisis intervention services, as set forth in paragraph (11), community crisis home, pursuant to Article 8 (commencing with Section 4698) of Chapter 6, and an explanation of why those options could not meet the consumer’s needs. (II) The director of the regional center confirms that there are no community-based options that can meet the consumer’s needs. (iv) For purposes of this section, “acute crisis” has the same meaning as defined in paragraph (1) of subdivision (d) of Section 4418.7. (v) When admission occurs due to an acute crisis, all of the following shall apply: (I) If the regional center does not expect the consumer to transition back to a community setting within 72 hours, or if the consumer does not transition back to a community setting within 72 hours, the regional center shall do both of the following: (ia) No later than 10 calendar days from the date the consumer is placed in the institution for mental disease, complete any documentation necessary to support the filing of a petition for commitment pursuant to Article 2 (commencing with Section 6500) of Chapter 2 of Part 2 of Division 6 and request the person authorized to present allegations pursuant to Section 6500 file a petition for commitment. (ib) Complete a comprehensive assessment in coordination with the institution for mental disease staff. The comprehensive assessment shall include the identification of the services and supports needed for crisis stabilization and the timeline for identifying or developing the services and supports needed to transition the consumer back to a community setting. The regional center shall immediately submit a copy of the comprehensive assessment to the committing court. Immediately following the assessment, and not later than 30 days following admission, the regional center and the institution for mental disease shall jointly convene an individual program plan meeting to determine the services and supports needed for crisis stabilization and to develop a plan to transition the consumer into the community. (II) If transition is not expected within 90 days of admission, an individual program plan meeting shall be held to discuss the status of the transition and to determine if the consumer is still in need of crisis stabilization. (III) A consumer shall reside in an institution for mental disease no longer than six months before being placed into a community living arrangement, unless, prior to the end of the six months, all of the following have occurred: (ia) The regional center has conducted an additional comprehensive assessment based on current information and determines that the consumer continues to be in an acute crisis. (ib) The individual program planning team has developed a plan that identifies the specific services and supports necessary to transition the consumer into the community, and the plan includes a timeline to obtain or develop those services and supports. (ic) The committing court has reviewed and, if appropriate, extended the commitment. (IV) (ia) A consumer’s placement at an institution for mental disease shall not exceed one year unless both of the following occur: (Ia) The regional center demonstrates significant progress toward implementing the plan to transition the consumer into the community. (Ib) Extraordinary circumstances exist beyond the regional center’s control that have prevented the regional center from obtaining those services and supports within the timeline based on the plan. (ib) If both of the circumstances under sub-subclause (ia) exist, the regional center may request, and the committing court may grant, an additional extension of the commitment, not to exceed 30 days. (V) Institutions for mental disease staff shall assist the consumer with transitioning back to the consumer’s prior residence, or an alternative community-based residential setting, within the timeframe described in this subparagraph. (vi) The department shall monitor placements pursuant to this subparagraph and subsequent transitions back to community-based settings. (vii) The clients’ rights advocate shall be notified of each admission and individual program planning meeting pursuant to this subparagraph and may participate in all individual program planning meetings unless the consumer objects on their own behalf. For purposes of this clause, notification to the clients’ rights advocate shall include a copy of the most recent comprehensive assessment or updated assessment and the time, date, and location of the meeting, and shall be provided as soon as practicable, but not less than seven calendar days before the meeting. (viii) If a consumer is placed in an institution for mental disease by another entity, the institution for mental disease shall inform the regional center of the placement within five days of the date the consumer is admitted. If an individual’s records indicate that the individual is a regional center consumer, the institution for mental disease shall make every effort to contact the local regional center or department to determine which regional center to provide notice. As soon as possible within 30 days of admission to an institution for mental disease due to an acute crisis pursuant to clause (ii), or within 30 days of notification of admission to an institution for mental disease by an entity other than a regional center, an assessment shall be completed by the regional center. (ix) Regional centers shall complete a comprehensive assessment of a consumer residing in an institution for mental disease as of July 1, 2012, for which federal Medicaid funding is not available, and for a consumer residing in an institution for mental disease as of July 1, 2013, without regard to federal funding. The comprehensive assessment shall be completed before the consumer’s next scheduled individual program plan meeting and shall include identification of the services and supports needed and the timeline for identifying or developing those services needed to transition the consumer back to the community. Effective October 1, 2012, the regional center shall also consider resource options identified by the statewide specialized resource service. For each individual program plan meeting convened pursuant to this subparagraph, the clients’ rights advocate for the regional center shall be notified of the meeting and may participate in the meeting unless the consumer objects on their own behalf. For purposes of this clause, notification to the clients’ rights advocate shall include the time, date, and location of the meeting, and shall be provided as soon as practicable, but not less than seven calendar days before the meeting. (D) (i) The transition process from a mental health rehabilitation center or institution for mental disease shall be based upon the individual’s needs, developed through the individual program plan process, and shall ensure that needed services and supports will be in place at the time the individual moves. Individual supports and services shall include, if appropriate for the individual, wraparound services through intensive individualized support services. The transition shall be to a community living arrangement that is in the least restrictive environment appropriate to the needs of the individual and most protective of the individual’s rights to dignity, freedom, and choice as described in subdivision (a). (ii) Regional centers, through the individual program plan process, shall coordinate for the benefit of the regional center consumers residing in an institution for mental disease, pretransition planning, transition, and access to followup services to help ensure a smooth transition to the community. Individual support services shall include, but shall not be limited to, both of the following: (I) Defined regional center contacts and visits with consumers and service providers during the 12 months following the consumer’s movement date. (II) Identification of issues that need resolution and an individualized support plan to address these issues. (E) A person with developmental disabilities placed by the regional center in a community living arrangement shall have the rights specified in this division. These rights shall be brought to the person’s attention by any means necessary to reasonably communicate these rights to each resident, provided that, at a minimum, the Director of Developmental Services prepare, provide, and require to be clearly posted in all residential facilities and day programs a poster using simplified language and pictures that is designed to be more understandable by persons with intellectual disabilities and that the rights information shall also be available through the regional center to each residential facility and day program in alternative formats, including, but not limited to, other languages, braille, and audiotapes, if necessary to meet the communication needs of consumers. (F) Consumers are eligible to receive supplemental services including, but not limited to, additional staffing, pursuant to the process described in subdivision (d) of Section 4646. Necessary additional staffing that is not specifically included in the rates paid to the service provider may be purchased by the regional center if the additional staff are in excess of the amount required by regulation and the individual’s planning team determines the additional services are consistent with the provisions of the individual program plan. Additional staff should be periodically reviewed by the planning team for consistency with the individual program plan objectives in order to determine if continued use of the additional staff is necessary and appropriate and if the service is producing outcomes consistent with the individual program plan. Regional centers shall monitor programs to ensure that the additional staff is being provided and utilized appropriately. (11) Emergency and crisis intervention services including, but not limited to, mental health services and behavior modification services, may be provided, as needed, to maintain persons with developmental disabilities in the living arrangement of their own choice. Crisis services shall first be provided without disrupting a person’s living arrangement. If crisis intervention services are unsuccessful, emergency housing shall be available in the person’s home community. If dislocation cannot be avoided, every effort shall be made to return the person to their living arrangement of choice, with all necessary supports, as soon as possible. (12) Among other service and support options, planning teams shall consider the use of paid roommates or neighbors, personal assistance, technical and financial assistance, and all other service and support options that would result in greater self-sufficiency for the consumer and cost-effectiveness to the state. (13) If facilitation as specified in an individual program plan requires the services of an individual, the facilitator shall be of the consumer’s choosing. (14) The community support may be provided to assist individuals with developmental disabilities to fully participate in community and civic life, including, but not limited to, programs, services, work opportunities, business, and activities available to persons without disabilities. This facilitation shall include, but not be limited to, any of the following: (A) Outreach and education to programs and services within the community. (B) Direct support to individuals that would enable them to more fully participate in their community. (C) Developing unpaid natural supports when possible. (15) If feasible and recommended by the individual program planning team, for purposes of facilitating better and cost-effective services for consumers or family members, technology, including telecommunication technology, may be used in conjunction with other services and supports. Technology in lieu of a consumer’s in-person appearances at judicial proceedings or administrative due process hearings may be used only if the consumer or, if appropriate, the consumer’s parent, legal guardian, conservator, or authorized representative, gives informed consent. Technology may be used in lieu of, or in conjunction with, in-person training for providers, as appropriate. (16) Other services and supports may be provided as set forth in Sections 4685, 4686, 4687, 4688, and 4689, when necessary. (17) Notwithstanding any other law or regulation, effective July 1, 2009, regional centers shall not purchase experimental treatments, therapeutic services, or devices that have not been clinically determined or scientifically proven to be effective or safe or for which risks and complications are unknown. Experimental treatments or therapeutic services include experimental medical or nutritional therapy when the use of the product for that purpose is not a general physician practice. For regional center consumers receiving these services as part of their individual program plan (IPP) or individualized family service plan (IFSP) on July 1, 2009, this prohibition shall apply on August 1, 2009. (b) (1) Advocacy for, and protection of, the civil, legal, and service rights of persons with developmental disabilities as established in this division. (2) If the advocacy efforts of a regional center to secure or protect the civil, legal, or service rights of a consumer prove ineffective, the regional center or the person with developmental disabilities or the person’s parents, legal guardian, or other representative may request advocacy assistance from the state council. (c) The regional center may assist consumers and families directly, or through a provider, in identifying and building circles of support within the community. (d) In order to increase the quality of community services and protect consumers, the regional center shall, if appropriate, take either of the following actions: (1) Identify services and supports that are ineffective or of poor quality and provide or secure consultation, training, or technical assistance services for an agency or individual provider to assist that agency or individual provider in upgrading the quality of services or supports. (2) Identify providers of services or supports that may not be in compliance with local, state, and federal statutes and regulations and notify the appropriate licensing or regulatory authority to investigate the possible noncompliance. (e) If necessary to expand the availability of needed services of good quality, a regional center may take actions that include, but are not limited to, the following: (1) Soliciting an individual or agency by requests for proposals or other means, to provide needed services or supports not presently available. (2) Requesting funds from the Program Development Fund, pursuant to Section 4677, or community placement plan funds designated from that fund, to reimburse the startup costs needed to initiate a new program of services and supports. (3) Using creative and innovative service delivery models, including, but not limited to, natural supports. (f) Except in emergency situations, a regional center shall not provide direct treatment and therapeutic services, but shall utilize appropriate public and private community agencies and service providers to obtain those services for its consumers. (g) If there are identified gaps in the system of services and supports consumers for whom no provider will provide services and supports contained in their individual program plan, the department may provide the services and supports directly. (h) At least annually, regional centers shall provide the consumer, the consumer’s parents, legal guardian, conservator, or authorized representative a statement of services and supports the regional center purchased for the purpose of ensuring that they are delivered. The statement shall include the type, unit, month, and cost of services and supports purchased. (Amended by Stats. 2025, Ch. 12, Sec. 7. (AB 143) Effective June 27, 2025.)
4648.1.
## 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 2. Regional Center Responsibilities [4640 - 4659.2] ( Article 2 added by Stats. 1977, Ch. 1252. )
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Regional centers and the state department may monitor and audit provider services, while providers and related personnel must give access and information when required.

## 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 2. Regional Center Responsibilities [4640 - 4659.2] ( Article 2 added by Stats. 1977, Ch. 1252. ) ## 4648.1. (a) The State Department of Developmental Services and regional centers may monitor services and supports purchased for regional center consumers with or without prior notice. Not less than two monitoring visits to a licensed long-term health care or community care facility or family home agency home each year shall be unannounced. The department may conduct fiscal reviews and audits of the service providers’ records. (b) Department and regional center staff involved in monitoring or auditing services provided to the regional centers’ consumers by a service provider shall have access to the provider’s grounds, buildings, and service program, and to all related records, including books, papers, computerized data, accounting records, and related documentation. All persons connected with the service provider’s program, including, but not limited to, program administrators, staff, consultants, and accountants, shall provide information and access to facilities as required by the department or regional center. (c) The department, in cooperation with regional centers, shall ensure that all providers of services and supports purchased by regional centers for their consumers are informed of all of the following: (1) The provisions of this section. (2) The responsibility of providers to comply with laws and regulations governing both their service program and the provision of services and supports to people with developmental disabilities. (3) The responsibility of providers to comply with conditions of any contract or agreement between the regional center and the provider, and between the provider and the department. (4) The rights of providers established in regulations adopted pursuant to Sections 4648.2, 4748, and 4780.5, to appeal actions taken by regional centers or the department as a result of their monitoring and auditing findings. (d) A regional center may terminate payments for services, and may terminate its contract or authorization for the purchase of consumer services if it determines that the provider has not complied with provisions of its contract or authorization with the regional center or with applicable state laws and regulations. When terminating payments for services or its contract or authorization for the purchase of consumer services, a regional center shall make reasonable efforts to avoid unnecessary disruptions of consumer services. (e) A regional center or the department may recover from the provider funds paid for services when the department or the regional center determines that either of the following has occurred: (1) The services were not provided in accordance with the regional center’s contract or authorization with the provider, or with applicable state laws or regulations. (2) The rate paid is based on inaccurate data submitted by the provider on a provider cost statement. Any funds so recovered shall be remitted to the department. (f) Any evidence of suspected licensing violations found by department or regional center personnel shall be reported immediately to the appropriate state licensing agency. (g) Regional centers may establish volunteer teams, made up of consumers, parents, other family members, and advocates to conduct the monitoring activities described in this section. (h) In meeting its responsibility to provide technical assistance to providers of community living arrangements for persons with developmental disabilities, including, but not limited to, licensed residential facilities, family home agencies, and supported or independent living arrangements, a regional center shall utilize the “Looking at Service Quality-Provider’s Handbook” developed by the department or subsequent revisions developed by the department. (i) Effective July 1, 2009, a regional center shall not be required to perform triennial evaluations of community care facilities, as described in Sections 56046, 56049, 56050, 56051, and 56052 of Title 17 of the California Code of Regulations. (Amended by Stats. 2009, 4th Ex. Sess., Ch. 9, Sec. 11. Effective July 28, 2009.)
4648.11.
## 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 5. Regional Centers for Persons With Developmental Disabilities [4620 - 4669.75] ( Chapter 5 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Regional Center Responsibilities [4640 - 4659.2] ( Article 2 added by Stats. 1977, Ch. 1252. )
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Regional centers that prepare requests for proposals for consumer services and supports must include an equity-and-diversity section, and that section must ask for specified applicant 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 5. Regional Centers for Persons With Developmental Disabilities [4620 - 4669.75] ( Chapter 5 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Regional Center Responsibilities [4640 - 4659.2] ( Article 2 added by Stats. 1977, Ch. 1252. ) ## 4648.11. (a) (1) Except as provided in subdivision (b), a request for proposals that is prepared by a regional center for consumer services and supports shall include a section on issues of equity and diversity. (2) The section on equity and diversity shall request, but not be limited to, all of the following information: (A) A statement outlining the applicant’s plan to serve diverse populations, including, but not limited to, culturally and linguistically diverse populations. (B) Examples of the applicant’s commitment to addressing the needs of those diverse populations. (C) Any additional information that the applicant deems relevant to issues of equity and diversity. (b) A request for proposals that applies only to specifically identified consumers is required only to request information on how the applicant plans to provide culturally and linguistically competent services and supports to those specific consumers. (c) This section shall not alter contracts entered into before January 1, 2014. (Added by Stats. 2013, Ch. 656, Sec. 2. (SB 208) Effective January 1, 2014.)
4648.12.
## 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 2. Regional Center Responsibilities [4640 - 4659.2] ( Article 2 added by Stats. 1977, Ch. 1252. )
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The department must adopt emergency and later nonemergency regulations on provider/vendor eligibility and disclosure, and regional centers may not deny vendorization solely because prior charges did not end in a conviction.

## 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 2. Regional Center Responsibilities [4640 - 4659.2] ( Article 2 added by Stats. 1977, Ch. 1252. ) ## 4648.12. (a) The Legislature finds and declares that under federal and state law, certain individuals and entities are ineligible to provide Medicaid services. (b) An individual, partnership, group association, corporation, institution, or entity, and the officers, directors, owners, managing employees, or agents thereof, that has been convicted of any felony or misdemeanor involving fraud or abuse in any government program, or related to neglect or abuse of an elder or dependent adult or child, or in connection with the interference with, or obstruction of, any investigation into health care related fraud or abuse, or that has been found liable for fraud or abuse in any civil proceeding, or that has entered into a settlement in lieu of conviction for fraud or abuse in any government program, within the previous 10 years, shall be ineligible to be a regional center vendor. The regional center shall not deny vendorization to an otherwise qualified applicant whose felony or misdemeanor charges did not result in a conviction solely on the basis of the prior charges. (c) In order to ensure compliance with federal disclosure requirements and to preserve federal funding of consumer services, the department shall do all of the following: (1) (A) Adopt emergency regulations to amend provider and vendor eligibility and disclosure criteria to meet federal participation requirements. These emergency regulations shall address, at a minimum, disclosure requirements of current and prospective vendors, including information about entity ownership and control, contracting interests, and criminal convictions or civil proceedings involving fraud or abuse in any government program, or abuse or neglect of an elder, dependent adult, or child. (B) Adopt emergency regulations to meet federal requirements applicable to vouchered services. (C) The adoption, amendment, repeal, or readoption of a regulation authorized by this paragraph 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. (2) Adopt nonemergency regulations to implement the terms of paragraph (1) 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 paragraph (1). (Added by Stats. 2011, Ch. 9, Sec. 11. (SB 74) Effective March 24, 2011.)
4648.13.
## 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 2. Regional Center Responsibilities [4640 - 4659.2] ( Article 2 added by Stats. 1977, Ch. 1252. )
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The State Department of Developmental Services and regional centers may use probability sampling and statistical extrapolation for fiscal audits of service providers, but sampling must use methods accepted by statisticians. If results are extrapolated, the audit report must explain the sample, the calculation method, and the confidence level.

## 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 2. Regional Center Responsibilities [4640 - 4659.2] ( Article 2 added by Stats. 1977, Ch. 1252. ) ## 4648.13. (a) For the purposes of this section, the following definitions apply: (1) “Probability sample or sampling” means a standard statistical methodology by which a sample is selected based on the mathematical theory of probability regarding the occurrence of random events. (2) “Statistical extrapolation” means the methodology whereby an unknown value can be estimated by projecting the results of a probability sample to the universe from which the sample was drawn with a calculated precision. (b) The State Department of Developmental Services and regional centers may utilize probability sampling and statistical extrapolation when conducting fiscal audits of service providers. (c) Probability sampling shall be done using methodologies that are well-accepted by statisticians. (d) Whenever the results of a probability sample are extrapolated, the audit report shall include a clear description of all the following: (1) The universe from which the sample was drawn. (2) The sample size and method used to select the sample. (3) The formulas and calculation procedures used to determine the dollar amount at issue. (4) The confidence level associated with the precision of the extrapolation. (Added by Stats. 2024, Ch. 47, Sec. 8. (AB 162) Effective July 2, 2024.)
4648.14.
## 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 2. Regional Center Responsibilities [4640 - 4659.2] ( Article 2 added by Stats. 1977, Ch. 1252. )
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Two state departments must notify the State Department of Developmental Services when any administrative action is started against a licensee serving consumers 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 2. Regional Center Responsibilities [4640 - 4659.2] ( Article 2 added by Stats. 1977, Ch. 1252. ) ## 4648.14. Notwithstanding any other provision of law, the State Department of Social Services and the State Department of Public Health shall notify the State Department of Developmental Services of any administrative action initiated against a licensee serving consumers with developmental disabilities. For the purposes of this section “administrative action” includes, but is not limited to, all of the following: (a) The issuance of a citation requiring corrective action for a health and safety violation. (b) The temporary or other suspension or revocation of a license. (c) The issuance of a temporary restraining order. (d) The appointment of a temporary receiver pursuant to Section 1327 of the Health and Safety Code. (Added by Stats. 2011, Ch. 9, Sec. 12. (SB 74) Effective March 24, 2011.)
4648.2.
## 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 2. Regional Center Responsibilities [4640 - 4659.2] ( Article 2 added by Stats. 1977, Ch. 1252. )
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The State Department of Developmental Services must adopt regulations by September 1, 1986, to create a process for service providers to appeal actions taken from the department’s auditing and monitoring activities.

## 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 2. Regional Center Responsibilities [4640 - 4659.2] ( Article 2 added by Stats. 1977, Ch. 1252. ) ## 4648.2. By September 1, 1986, the State Department of Developmental Services shall promulgate regulations which establish a process for service providers to appeal actions the department takes as a result of its auditing and monitoring activities. To the extent possible, this process shall include procedures contained in fiscal audit appeals regulations established pursuant to Section 4780.5. (Added by Stats. 1985, Ch. 873, Sec. 2.)
4648.3.
## 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 2. Regional Center Responsibilities [4640 - 4659.2] ( Article 2 added by Stats. 1977, Ch. 1252. )
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Transportation providers for regional center clients must keep liability protection in place, and the level of that protection must match what the regional center requires.

## 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 2. Regional Center Responsibilities [4640 - 4659.2] ( Article 2 added by Stats. 1977, Ch. 1252. ) ## 4648.3. A provider of transportation services to regional center clients for the regional center shall maintain protection against liability for damages for bodily injuries or death and for damage to or destruction of property, which may be incurred by the provider in the course of providing those services. The protection shall be maintained at the level established by the regional center to which the transportation services are provided. (Added by Stats. 1987, Ch. 492, Sec. 3. Effective September 10, 1987.)
4648.35.
## 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 2. Regional Center Responsibilities [4640 - 4659.2] ( Article 2 added by Stats. 1977, Ch. 1252. )
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Regional centers must fund the least expensive transportation that meets a consumer’s needs, and they may not fund private specialized transportation for certain adults when public transportation is available and usable.

## 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 2. Regional Center Responsibilities [4640 - 4659.2] ( Article 2 added by Stats. 1977, Ch. 1252. ) ## 4648.35. At the time of development, review, or modification of a consumer’s individual program plan (IPP) or individualized family service plan (IFSP), all of the following shall apply to a regional center: (a) A regional center shall not fund private specialized transportation services for an adult consumer who can safely access and utilize public transportation, when that transportation is available. (b) A regional center shall fund the least expensive transportation modality that meets the consumer’s needs, as set forth in the consumer’s IPP or IFSP. (c) A regional center shall fund transportation, when required, from the consumer’s residence to the lowest-cost vendor that provides the service that meets the consumer’s needs, as set forth in the consumer’s IPP or IFSP. For purposes of this subdivision, the cost of a vendor shall be determined by combining the vendor’s program costs and the costs to transport a consumer from the consumer’s residence to the vendor. (d) A regional center shall fund transportation services for a minor child living in the family residence, only if the family of the child provides sufficient written documentation to the regional center to demonstrate that it is unable to provide transportation for the child. (Amended by Stats. 2011, Ch. 37, Sec. 12. (AB 104) Effective June 30, 2011.)
4648.4.
## 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 2. Regional Center Responsibilities [4640 - 4659.2] ( Article 2 added by Stats. 1977, Ch. 1252. )
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Regional centers generally may not pay higher rates than those in effect on or after June 30, 2008 for the listed services, unless a contract requires it or the department gives prior written authorization for health or safety reasons.

## 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 2. Regional Center Responsibilities [4640 - 4659.2] ( Article 2 added by Stats. 1977, Ch. 1252. ) ## 4648.4. (a) Notwithstanding any other provision of law or regulation, commencing July 1, 2006, rates for services listed in paragraphs (1), (2), with the exception of travel reimbursement, (3) to (8), inclusive, (10), and (11) of subdivision (b), shall be increased by 3 percent, subject to funds specifically appropriated for this increase in the Budget Act of 2006. The increase shall be applied as a percentage, and the percentage shall be the same for all providers. Any subsequent change shall be governed by subdivision (b). (b) Notwithstanding any other provision of law or regulation, except for subdivision (a), no regional center may pay any provider of the following services or supports a rate that is greater than the rate that is in effect on or after June 30, 2008, unless the increase is required by a contract between the regional center and the vendor that is in effect on June 30, 2008, or the regional center demonstrates that the approval is necessary to protect the consumer’s health or safety and the department has granted prior written authorization: (1) Supported living services. (2) Transportation, including travel reimbursement. (3) Socialization training programs. (4) Behavior intervention training. (5) Community integration training programs. (6) Community activities support services. (7) Mobile day programs. (8) Creative art programs. (9) Supplemental day services program supports. (10) Adaptive skills trainers. (11) Independent living specialists. (Amended by Stats. 2008, 3rd Ex. Sess., Ch. 3, Sec. 4. Effective February 16, 2008.)
4648.55.
## 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 2. Regional Center Responsibilities [4640 - 4659.2] ( Article 2 added by Stats. 1977, Ch. 1252. )
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Regional centers generally may not buy certain day, vocational, independent living, mobility training, or related transportation services for some 18-to-22-year-old consumers, unless an IPP team exception applies.

## 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 2. Regional Center Responsibilities [4640 - 4659.2] ( Article 2 added by Stats. 1977, Ch. 1252. ) ## 4648.55. (a) Except as provided in subdivision (d), a regional center shall not purchase day program, vocational education, work services, independent living program, or mobility training and related transportation services for a consumer who is 18 to 22 years of age, inclusive, if that consumer is eligible for special education and related education services and has not received a diploma or certificate of completion, unless the individual program plan (IPP) planning team determines that the consumer’s needs cannot be met in the educational system or grants an exemption pursuant to subdivision (d). If the planning team determines that generic services can meet the consumer’s day, vocational education, work services, independent living, or mobility training and related transportation needs, the regional center shall assist the consumer in accessing those services. To ensure that consumers receive appropriate educational services and an effective transition from services provided by educational agencies to services provided by regional centers, the regional center service coordinator, at the request of the consumer or, where appropriate, the consumer’s parent, legal guardian, or conservator, may attend the individualized education program (IEP) planning team meeting. (b) For consumers who are 18 to 22 years of age, inclusive, who have left the public school system, and who are receiving regional center purchased services identified in subdivision (a) on or before the effective date of this section, a determination shall be made through the IPP as to whether the return to the educational system can be achieved while meeting the consumer’s needs. If the planning team determines that the consumer’s needs cannot be met in the educational system, the regional center may continue to purchase the services identified in subdivision (a). If the planning team determines that generic services can meet the consumer’s day, vocational education, work services, independent living, or mobility training and related transportation needs, the regional center shall assist the consumer in accessing those services. (c) For consumers who are 18 to 22 years of age, inclusive, who have left school prior to enactment of this section, but who are not receiving any of the regional center purchased services identified in subdivision (a), the regional center shall use generic education services to meet the consumer’s day, vocational education, work services, independent living, or mobility training and related transportation needs if those needs are subsequently identified in the IPP unless the consumer is eligible for an exemption as set forth in subdivision (d). If the planning team determines that generic services can meet the consumer’s day, vocational education, work services, independent living, or mobility training and related transportation needs, the regional center shall assist the consumer in accessing those services. (d) An exemption to the provisions of this section may be granted in either of the following circumstances: (1) For participation in a paid internship or competitive integrated employment that is an outcome of a paid internship described in subdivision (a) of Section 4870 if the IPP planning team determines that the consumer could benefit from participation in a paid internship or competitive integrated employment. Participation in a paid internship or competitive integrated employment that is an outcome of a paid internship does not preclude a consumer from continuing to receive public education services to the extent those services are determined to continue to meet the consumer’s needs. (2) On an individual basis in extraordinary circumstances to permit purchase of a service identified in subdivision (a). An exemption shall be granted through the IPP process and shall be based on a determination that the generic service is not appropriate to meet the consumer’s need. The consumer shall be informed of the exemption and the process for obtaining an exemption. (e) A school district may contract with regional center vendors to meet the needs of consumers pursuant to this section. (Amended by Stats. 2017, Ch. 18, Sec. 13. (AB 107) Effective June 27, 2017.)
4648.6.
## 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 2. Regional Center Responsibilities [4640 - 4659.2] ( Article 2 added by Stats. 1977, Ch. 1252. )
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The department must develop an alternative service delivery model with an Individual Choice Budget, after consulting stakeholders.

## 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 2. Regional Center Responsibilities [4640 - 4659.2] ( Article 2 added by Stats. 1977, Ch. 1252. ) ## 4648.6. The department, in consultation with stakeholders, shall develop an alternative service delivery model that provides an Individual Choice Budget for obtaining quality services and supports which provides choice and flexibility within a finite budget that in the aggregate reduces regional center purchase of service expenditures, reduces reliance on the state general fund, and maximizes federal financial participation in the delivery of services. The individual budget will be determined using a fair, equitable, transparent standardized process. (Added by Stats. 2009, 4th Ex. Sess., Ch. 9, Sec. 14. Effective July 28, 2009.)
4649.
## 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 2. Regional Center Responsibilities [4640 - 4659.2] ( Article 2 added by Stats. 1977, Ch. 1252. )
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Regional centers must work with the state council to inform the public about available disability services and unmet needs, and they must provide educational materials and programs to interested or responsible community groups and agencies.

## 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 2. Regional Center Responsibilities [4640 - 4659.2] ( Article 2 added by Stats. 1977, Ch. 1252. ) ## 4649. Regional centers shall cooperate with the state council in joint efforts to inform the public of services available to persons with developmental disabilities and of their unmet needs, provide materials and education programs to community groups and agencies with interest in, or responsibility for, persons with developmental disabilities, and develop resource materials, if necessary, containing information about local agencies, facilities, and service providers offering services to persons with developmental disabilities. (Amended by Stats. 2014, Ch. 409, Sec. 47. (AB 1595) Effective January 1, 2015.)
4650.
## 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 2. Regional Center Responsibilities [4640 - 4659.2] ( Article 2 added by Stats. 1977, Ch. 1252. )
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Regional centers must prepare an annual plan and program budget and submit it to the director by September 1 of each fiscal year, with an information copy sent to the state council the same day.

## 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 2. Regional Center Responsibilities [4640 - 4659.2] ( Article 2 added by Stats. 1977, Ch. 1252. ) ## 4650. Regional centers shall be responsible for developing an annual plan and program budget to be submitted to the director no later than September 1 of each fiscal year. An information copy shall be submitted to the state council by the same date. (Amended by Stats. 2014, Ch. 409, Sec. 48. (AB 1595) Effective January 1, 2015.)
4651.
## 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 2. Regional Center Responsibilities [4640 - 4659.2] ( Article 2 added by Stats. 1977, Ch. 1252. )
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Regional centers are intended to use innovative, economical methods to meet individual program plans, and the department must encourage and assist them in using innovative programs, techniques, and staffing arrangements.

## 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 2. Regional Center Responsibilities [4640 - 4659.2] ( Article 2 added by Stats. 1977, Ch. 1252. ) ## 4651. (a) It is the intent of the Legislature that regional centers shall find innovative and economical methods of achieving the objectives contained in individual program plans of persons with developmental disabilities. (b) The department shall encourage and assist regional centers to use innovative programs, techniques, and staffing arrangements to carry out their responsibilities. (Amended by Stats. 1992, Ch. 1011, Sec. 18. Effective January 1, 1993.)
4652.
## 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 2. Regional Center Responsibilities [4640 - 4659.2] ( Article 2 added by Stats. 1977, Ch. 1252. )
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A regional center must look for every appropriate and economically feasible care alternative within the region for a developmentally disabled person.

## 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 2. Regional Center Responsibilities [4640 - 4659.2] ( Article 2 added by Stats. 1977, Ch. 1252. ) ## 4652. A regional center shall investigate every appropriate and economically feasible alternative for care of a developmentally disabled person available within the region. If suitable care cannot be found within the region, services may be obtained outside of the region. (Added by Stats. 1977, Ch. 1252.)
4652.5.
## 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 2. Regional Center Responsibilities [4640 - 4659.2] ( Article 2 added by Stats. 1977, Ch. 1252. )
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Entities paid by regional centers generally must hire an independent accounting firm to get an audit or review of their financial statements, with the type of report depending on how much they receive. Regional centers and the department also have reporting, review, exemption, and publication 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 5. Regional Centers for Persons With Developmental Disabilities [4620 - 4669.75] ( Chapter 5 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Regional Center Responsibilities [4640 - 4659.2] ( Article 2 added by Stats. 1977, Ch. 1252. ) ## 4652.5. (a) (1) An entity that receives payments from one or more regional centers shall contract with an independent accounting firm to obtain an independent audit or independent review report of its financial statements relating to payments made by regional centers, subject to both of the following: (A) If the amount received from the regional center or regional centers during each state fiscal year is more than or equal to five hundred thousand dollars ($500,000), but less than two million dollars ($2,000,000), the entity shall obtain an independent review report of its financial statements for the entity’s fiscal year that includes the last day of the most recent state fiscal year. Consistent with Subchapter 21 (commencing with Section 58800) of Chapter 3 of Division 2 of Title 17 of the California Code of Regulations, this subdivision shall also apply to work activity program providers receiving less than five hundred thousand dollars ($500,000). (B) If the amount received from the regional center or regional centers during each state fiscal year is equal to or more than two million dollars ($2,000,000), the entity shall obtain an independent audit of its financial statements for the entity’s fiscal year that includes the last day of the most recent state fiscal year. (2) This requirement does not apply to payments made using usual and customary rates, as defined by Title 17 of the California Code of Regulations, for services provided by regional centers. (3) This requirement does not apply to state and local governmental agencies, the University of California, or the California State University. (b) An entity subject to subdivision (a) shall provide copies of the independent audit or independent review report required by subdivision (a), and accompanying management letters, to the vendoring regional center within nine months of the end of the entity’s fiscal year. (c) Regional centers that receive the audit or review reports required by subdivision (b) shall review and require resolution by the entity for issues identified in the report that have an impact on regional center services. Regional centers shall take appropriate action, up to termination of vendorization, for lack of adequate resolution of issues. (d) (1) Regional centers shall notify the department of all qualified opinion reports or reports noting significant issues that directly or indirectly impact regional center services within 30 days after receipt. Notification shall include a plan for resolution of issues. (2) A regional center shall submit copies of all independent audit reports that it receives to the department for review. The department shall compile data, by regional center, on vendor compliance with audit requirements and opinions resulting from audit reports and shall annually publish the data in the performance dashboard developed pursuant to Section 4572. (e) For purposes of this section, an independent review of financial statements shall be performed by an independent accounting firm and shall cover, at a minimum, all of the following: (1) An inquiry as to the entity’s accounting principles and practices and methods used in applying them. (2) An inquiry as to the entity’s procedures for recording, classifying, and summarizing transactions and accumulating information. (3) Analytical procedures designed to identify relationships or items that appear to be unusual. (4) An inquiry about budgetary actions taken at meetings of the board of directors or other comparable meetings. (5) An inquiry about whether the financial statements have been properly prepared in conformity with generally accepted accounting principles and whether any events subsequent to the date of the financial statements would have a material effect on the statements under review. (6) Working papers prepared in connection with a review of financial statements describing the items covered as well as any unusual items, including their disposition. (f) For purposes of this section, an independent review report shall cover, at a minimum, all of the following: (1) Certification that the review was performed in accordance with standards established by the American Institute of Certified Public Accountants. (2) Certification that the statements are the representations of management. (3) Certification that the review consisted of inquiries and analytical procedures that are lesser in scope than those of an audit. (4) Certification that the accountant is not aware of any material modifications that need to be made to the statements for them to be in conformity with generally accepted accounting principles. (g) The department shall not consider a request for adjustments to rates submitted in accordance with Title 17 of the California Code of Regulations by an entity receiving payments from one or more regional centers solely to fund either anticipated or unanticipated changes required to comply with this section. (h) (1) An entity required to obtain an independent review report of its financial statements pursuant to subparagraph (A) of paragraph (1) of subdivision (a) may apply to the regional center for, and the regional center shall grant, a two-year exemption from the independent review report requirement if the regional center does not find issues in the prior year’s independent review report that have an impact on regional center services. (2) An entity required to obtain an independent audit of its financial statements pursuant to subparagraph (B) of paragraph (1) of subdivision (a) may apply to the regional center for an exemption from the independent audit requirement, subject to both of the following conditions: (A) If the independent audit for the prior year resulted in an unmodified opinion or an unmodified opinion with additional communication, the regional center shall grant the entity a two-year exemption. (B) If the independent audit for the prior year resulted in a qualified opinion and the issues are not material, the regional center shall grant the entity a two-year exemption. The entity and the regional center shall continue to address issues raised in this independent audit, regardless of whether the exemption is granted. (3) A regional center shall annually report to the department any exemptions granted pursuant to this subdivision. (i) This section shall become operative on January 1, 2018. (Amended (as added by Stats. 2016, Ch. 429, Sec. 2) by Stats. 2017, Ch. 561, Sec. 269. (AB 1516) Effective January 1, 2018.)
4653.
## 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 2. Regional Center Responsibilities [4640 - 4659.2] ( Article 2 added by Stats. 1977, Ch. 1252. )
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A developmentally disabled person may not be admitted to a state hospital unless referred by a regional center, except for persons judicially committed to state hospitals. After discharge from a state hospital, the person must be referred to an appropriate 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 2. Regional Center Responsibilities [4640 - 4659.2] ( Article 2 added by Stats. 1977, Ch. 1252. ) ## 4653. Except for those developmentally disabled persons judicially committed to state hospitals, no developmentally disabled person shall be admitted to a state hospital except upon the referral of a regional center. Upon discharge from a state hospital, a developmentally disabled person shall be referred to an appropriate regional center. (Added by Stats. 1977, Ch. 1252.)
4654.
## 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 2. Regional Center Responsibilities [4640 - 4659.2] ( Article 2 added by Stats. 1977, Ch. 1252. )
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Before a regional center examination under Penal Code Section 1370.1, the court must send the regional center a copy of the orders from the related Penal Code proceedings.

## 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 2. Regional Center Responsibilities [4640 - 4659.2] ( Article 2 added by Stats. 1977, Ch. 1252. ) ## 4654. Before any person is examined by a regional center pursuant to Section 1370.1 of the Penal Code, the court ordering such medical examination shall transmit to the regional center a copy of the orders made pursuant to proceedings conducted under Sections 1368 and 1369 of the Penal Code. The purpose of the mental examination shall be to determine if developmental disability is the primary diagnosis. (Added by Stats. 1977, Ch. 1252.)
4655.
## 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 2. Regional Center Responsibilities [4640 - 4659.2] ( Article 2 added by Stats. 1977, Ch. 1252. )
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A regional center director or designee may consent to medical, dental, or surgical treatment for a client in specified circumstances, and may also start guardianship or conservatorship proceedings.

## 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 2. Regional Center Responsibilities [4640 - 4659.2] ( Article 2 added by Stats. 1977, Ch. 1252. ) ## 4655. The director of a regional center or his designee may give consent to medical, dental, and surgical treatment of a regional center client and provide for such treatment to be given to the person under the following conditions: (a) If the developmentally disabled person’s parent, guardian, or conservator legally authorized to consent to such treatment does not respond within a reasonable time to the request of the director or his designee for the granting or denying of consent for such treatment, the director of a regional center or his designee may consent on behalf of the developmentally disabled person to such treatment and provide for such treatment to be given to such person. (b) If the developmentally disabled person has no parent, guardian, or conservator legally authorized to consent to medical, dental, or surgical treatment on behalf of the person, the director of the regional center or his designee may consent to such treatment on behalf of the person and provide for such treatment to be given to the person. The director of a regional center or his designee may thereupon also initiate, or cause to be initiated, proceedings for the appointment of a guardian or conservator legally authorized to consent to medical, dental, or surgical services. (c) If the developmentally disabled person is an adult and has no conservator, consent to treatment may be given by someone other than the person on the person’s behalf only if the developmentally disabled person is mentally incapable of giving his own consent. (Amended by Stats. 1979, Ch. 730.)
4656.
## 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 2. Regional Center Responsibilities [4640 - 4659.2] ( Article 2 added by Stats. 1977, Ch. 1252. )
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A qualified physician and surgeon who diagnoses a minor with a developmental disability must check for prior regional-center referral, inform the parent or guardian about the regional center, and, if requested and with consent, make the referral and notify the 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 2. Regional Center Responsibilities [4640 - 4659.2] ( Article 2 added by Stats. 1977, Ch. 1252. ) ## 4656. (a) A qualified physician and surgeon who diagnoses a developmental disability, as defined in subdivision (a) of Section 4512, of a patient who is a minor shall attempt to determine from the patient, the parents or guardian of the patient, or the regional center for the area whether the person has been previously referred to the regional center for the area. If the patient has not been previously referred to the regional center, the physician and surgeon shall inform a parent or the guardian of the patient of the existence of the regional center for the area, its address and telephone number, and shall describe to the person the services available through the regional center, and shall, upon request of the parent or guardian of the patient, refer in writing the patient through his or her parent or guardian to the regional center. Upon obtaining the consent of the patient’s parent or guardian, the physician and surgeon shall notify the regional center of the referral. For the purposes of this section, “qualified physician and surgeon” means those physicians and surgeons who have recognized and accredited training and a specialized pediatric practice in childhood disabilities. (b) Each regional center shall maintain a record of every developmentally disabled person under the age of 18 years known by the regional center to have been referred to it for its services, whether or not services are actually provided. (c) The state department shall transmit a copy of this section and of subdivision (a) of Section 4512 to every physician and surgeon licensed to practice in this state and every general acute care hospital licensed under Chapter 2 (commencing with Section 1250) of Division 2 of the Health and Safety Code. A list of the name and address of each regional center and such other pertinent information as the state department deems appropriate shall also be transmitted, both in English and Spanish. (d) It is not the intent of the Legislature in enacting this section to prevent any physician and surgeon subject to subdivision (a) from providing care or treatment to a developmentally disabled minor or to deprive developmentally disabled minors of adequate care provided through sources other than a regional center. (Amended (as added by Stats. 1978, Ch. 429) by Stats. 1982, Ch. 466, Sec. 122.)
4657.
## 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 2. Regional Center Responsibilities [4640 - 4659.2] ( Article 2 added by Stats. 1977, Ch. 1252. )
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The State Department of Developmental Services must require regional centers to collect specified information for each new case and at each review of clients in out-of-home placement.

## 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 2. Regional Center Responsibilities [4640 - 4659.2] ( Article 2 added by Stats. 1977, Ch. 1252. ) ## 4657. The State Department of Developmental Services shall, through the regional center contract, require that the following information is collected by each regional center for each new case and is also collected at each review of all regional center clients in out-of-home placement. Information shall include: (a) The birthday of the parents of the client. (b) The disability status of the parents of the client. (c) Whether the parents of the client are deceased or not. (Amended by Stats. 2021, Ch. 149, Sec. 1. (AB 445) Effective January 1, 2022.)
4658.
## 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 2. Regional Center Responsibilities [4640 - 4659.2] ( Article 2 added by Stats. 1977, Ch. 1252. )
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The State Department of Developmental Services must ensure that all potentially eligible clients are referred to the Social Security Administration for OASDI eligibility determination.

## 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 2. Regional Center Responsibilities [4640 - 4659.2] ( Article 2 added by Stats. 1977, Ch. 1252. ) ## 4658. The State Department of Developmental Services shall insure that all potentially eligible clients are referred to the Social Security Administration for eligibility determination for Old Age Survivors Disability Insurance (OASDI). (Amended by Stats. 1984, Ch. 1137, Sec. 2.)
4659.
## 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 2. Regional Center Responsibilities [4640 - 4659.2] ( Article 2 added by Stats. 1977, Ch. 1252. )
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Regional centers must look for all funding sources, apply collected revenues to service costs first, and are restricted from buying certain services when other coverage is available or not pursued.

## 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 2. Regional Center Responsibilities [4640 - 4659.2] ( Article 2 added by Stats. 1977, Ch. 1252. ) ## 4659. (a) Except as otherwise provided in subdivision (b) or (e), the regional center shall identify and pursue all possible sources of funding for consumers receiving regional center services. These sources shall include, but not be limited to, both of the following: (1) Governmental or other entities or programs required to provide or pay the cost of providing services, including Medi-Cal, Medicare, the Civilian Health and Medical Program for Uniform Services, school districts, and federal supplemental security income and the state supplementary program. (2) Private entities, to the maximum extent they are liable for the cost of services, aid, insurance, or medical assistance to the consumer. (b) Any revenues collected by a regional center pursuant to this section shall be applied against the cost of services prior to use of regional center funds for those services. This revenue shall not result in a reduction in the regional center’s purchase of services budget, except as it relates to federal supplemental security income and the state supplementary program. (c) Effective July 1, 2009, notwithstanding any other law or regulation, regional centers shall not purchase any service that would otherwise be available from Medi-Cal, Medicare, the Civilian Health and Medical Program for Uniform Services, In-Home Support Services, California Children’s Services, private insurance, or a health care service plan when a consumer or a family meets the criteria of this coverage but chooses not to pursue that coverage. If, on July 1, 2009, a regional center is purchasing that service as part of a consumer’s individual program plan (IPP), the prohibition shall take effect on October 1, 2009. (d) (1) Effective July 1, 2009, notwithstanding any other law or regulation, a regional center shall not purchase medical or dental services for a consumer three years of age or older unless the regional center is provided with documentation of a Medi-Cal, private insurance, or a health care service plan denial and the regional center determines that an appeal by the consumer or family of the denial does not have merit. If, on July 1, 2009, a regional center is purchasing the service as part of a consumer’s IPP, this provision shall take effect on August 1, 2009. Regional centers may pay for medical or dental services during the following periods: (A) While coverage is being pursued, but before a denial is made. (B) Pending a final administrative decision on the administrative appeal if the family has provided to the regional center a verification that an administrative appeal is being pursued. (C) Until the commencement of services by Medi-Cal, private insurance, or a health care service plan. (2) When necessary, the consumer or family may receive assistance from the regional center, the Clients’ Rights Advocate funded by the department, or the state council in pursuing these appeals. (e) This section shall not impose any additional liability on the parents of children with developmental disabilities, or to restrict eligibility for, or deny services to, any individual who qualifies for regional center services but is unable to pay. (f) In order to best utilize generic resources, federally funded programs, and private insurance programs for individuals with developmental disabilities, the department and regional centers shall engage in the following activities: (1) Within existing resources, the department shall provide training to regional centers, no less than once every two years, in the availability and requirements of generic, federally funded and private programs available to persons with developmental disabilities, including, but not limited to, eligibility requirements, the application process and covered services, and the appeal process. (2) Regional centers shall disseminate information and training to all service coordinators regarding the availability and requirements of generic, federally funded, and private insurance programs on the local level. (Amended by Stats. 2014, Ch. 409, Sec. 49. (AB 1595) Effective January 1, 2015.)
4659.1.
## 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 2. Regional Center Responsibilities [4640 - 4659.2] ( Article 2 added by Stats. 1977, Ch. 1252. )
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Regional centers may pay certain copayments, coinsurance, or deductibles for covered services in specified cases, and parents/guardians/caregivers must report income information and income 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 5. Regional Centers for Persons With Developmental Disabilities [4620 - 4669.75] ( Chapter 5 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Regional Center Responsibilities [4640 - 4659.2] ( Article 2 added by Stats. 1977, Ch. 1252. ) ## 4659.1. (a) If a service or support provided pursuant to a consumer’s individual program plan under this division is paid for, in whole or in part, by the health care service plan or health insurance policy of the consumer’s parent, guardian, or caregiver, the regional center may, when necessary to ensure that the consumer receives the service or support, pay any applicable copayment, coinsurance, or deductible associated with the service or support for which the parent, guardian, or caregiver is responsible if all of the following conditions are met: (1) The consumer is covered by their parent’s, guardian’s, or caregiver’s health care service plan or health insurance policy. (2) The family has an annual gross income that does not exceed 400 percent of the federal poverty level. (3) There is no other third party having liability for the cost of the service or support, as provided in subdivision (a) of Section 4659 and Article 2.6 (commencing with Section 4659.10). (b) If a service or support provided to a consumer 18 years of age or older, pursuant to the consumer’s individual program plan, is paid for in whole or in part by the consumer’s health care service plan or health insurance policy, the regional center may, when necessary to ensure that the consumer receives the service or support, pay any applicable copayment, coinsurance, or deductible associated with the service or support for which the consumer is responsible if both of the following conditions are met: (1) The consumer has an annual gross income that does not exceed 400 percent of the federal poverty level. (2) There is no other third party having liability for the cost of the service or support, as provided in subdivision (a) of Section 4659 and Article 2.6 (commencing with Section 4659.10). (c) If a service or support provided pursuant to a consumer’s individualized family service plan pursuant to the California Early Intervention Services Act (Title 14 (commencing with Section 95000) of the Government Code) is paid for, in whole or in part, by the health care service plan or health insurance policy of the consumer’s parent, guardian, or caregiver, the regional center shall pay any applicable copayment, coinsurance, or deductible associated with the service or support for which the parent, guardian, or caregiver is responsible if both of the following conditions are met: (1) The consumer is covered by their parent’s, guardian’s, or caregiver’s health care service plan or health insurance policy. (2) There is no other third party having liability for the cost of the service or support, as provided in subdivision (a) of Section 4659 and Article 2.6 (commencing with Section 4659.10). (d) Notwithstanding paragraph (2) of subdivision (a) or paragraph (1) of subdivision (b), a regional center may pay a copayment, coinsurance, or deductible associated with the health care service plan or health insurance policy for a service or support provided pursuant to a consumer’s individual program plan if the family’s or consumer’s income exceeds 400 percent of the federal poverty level, the service or support is necessary to successfully maintain the child at home or the adult consumer in the least-restrictive setting, and the parents or consumer demonstrate one or more of the following: (1) The existence of an extraordinary event that impacts the ability of the parent, guardian, or caregiver to meet the care and supervision needs of the child or impacts the ability of the parent, guardian, or caregiver, or adult consumer with a health care service plan or health insurance policy, to pay the copayment, coinsurance, or deductible. (2) The existence of catastrophic loss that temporarily limits the ability to pay of the parent, guardian, or caregiver, or adult consumer with a health care service plan or health insurance policy and creates a direct economic impact on the family or adult consumer. For purposes of this paragraph, catastrophic loss may include, but is not limited to, natural disasters and accidents involving major injuries to an immediate family member. (3) Significant unreimbursed medical costs associated with the care of the consumer or another child who is also a regional center consumer. (e) The parent, guardian, or caregiver of a consumer or an adult consumer with a health care service plan or health insurance policy shall self-certify the family’s gross annual income to the regional center by providing copies of W-2 Wage Earners Statements, payroll stubs, a copy of the prior year’s state income tax return, or other documents and proof of other income. (f) The parent, guardian, or caregiver of a consumer or an adult consumer with a health care service plan or health insurance policy is responsible for notifying the regional center when a change in income occurs that would result in a change in eligibility for coverage of the health care service plan or health insurance policy copayments, coinsurance, or deductibles. (g) Documentation submitted pursuant to this section shall be considered records obtained in the course of providing intake, assessment, and services and shall be confidential pursuant to Section 4514. (h) This section shall not be implemented in a manner that is inconsistent with the requirements of Part C of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1431 et seq.). (Amended by Stats. 2019, Ch. 28, Sec. 24. (SB 81) Effective June 27, 2019.)
4659.10.
## 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 5. Regional Centers for Persons With Developmental Disabilities [4620 - 4669.75] ( Chapter 5 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 2.6. Third-Party Liability [4659.10 - 4659.24] ( Article 2.6 added by Stats. 2011, Ch. 9, Sec. 14. )
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The Legislature says this article should be implemented consistently with the department’s and regional centers’ responsibilities, and that they should remain the payers of last resort.

## 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 2.6. Third-Party Liability [4659.10 - 4659.24] ( Article 2.6 added by Stats. 2011, Ch. 9, Sec. 14. ) ## 4659.10. It is the intent of the Legislature that this article shall be implemented consistent with the responsibilities of the department and the regional centers to provide services and supports pursuant to the requirements of this division and the California Early Intervention Program. It is further the intent of the Legislature that the department and the regional centers shall continue to be the payers of last resort consistent with the requirements of this division and the California Early Intervention Program. (Added by Stats. 2011, Ch. 9, Sec. 14. (SB 74) Effective March 24, 2011.)
4659.11.
## 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 5. Regional Centers for Persons With Developmental Disabilities [4620 - 4669.75] ( Chapter 5 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 2.6. Third-Party Liability [4659.10 - 4659.24] ( Article 2.6 added by Stats. 2011, Ch. 9, Sec. 14. )
Verify source ↗

The department or regional center can recover the reasonable value of covered services from a liable third person or insurer, and can sue, settle, or release the claim.

## 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 2.6. Third-Party Liability [4659.10 - 4659.24] ( Article 2.6 added by Stats. 2011, Ch. 9, Sec. 14. ) ## 4659.11. (a) When services are provided or will be provided to a consumer under this division, or to a child under 36 months of age who is eligible for the California Early Intervention Program pursuant to Title 14 (commencing with Section 95000) of the Government Code, as a result of an injury for which another person is liable, or for which an insurance carrier is liable in accordance with the provisions of any policy of insurance issued pursuant to Section 11580.2 of the Insurance Code, the department or the regional center from which the individual obtained services shall have a right to recover from the person or carrier the reasonable value of services so provided. To enforce that right, the department or the regional center may institute and prosecute legal proceedings against the third person or carrier who may be liable for the injury in an appropriate court, either in the name of the department or regional center or in the name of the child or consumer, his or her guardian, conservator, limited conservator, personal representative, estate, or survivors. (b) The department and the regional center may compromise, or settle and release a claim as described in subdivision (a). (c) The department may waive a claim as described in subdivision (a), in whole or in part, if the department determines that collection would not be cost efficient, would result in undue hardship upon the consumer or child who suffered the injury, or in a wrongful death action upon the heirs of the deceased. (d) No action taken on behalf of the department or the regional center pursuant to this section or any judgment rendered in that action shall be a bar to any action upon the claim or cause of action of the child or consumer, his or her guardian, conservator, personal representative, estate, dependents, or survivors against the third party who may be liable for the injury, or shall operate to deny to the child or consumer the recovery for that portion of any damages not covered hereunder. (e) The department, the State Department of Health Care Services, and the Department of Managed Health Care shall work together to ensure that the recovery sought by the department, regional centers, and the State Department of Health Care Services for services for Medi-Cal beneficiaries with developmental disabilities is appropriate. (Added by Stats. 2011, Ch. 9, Sec. 14. (SB 74) Effective March 24, 2011.)
4659.12.
## 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 2.6. Third-Party Liability [4659.10 - 4659.24] ( Article 2.6 added by Stats. 2011, Ch. 9, Sec. 14. )
Verify source ↗

If the department or a regional center brings an action under Section 4659.11, it must be filed within the time limit in Code of Civil Procedure Section 338. The death of certain consumers or young children does not end the Section 4659.11 right of action.

## 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 2.6. Third-Party Liability [4659.10 - 4659.24] ( Article 2.6 added by Stats. 2011, Ch. 9, Sec. 14. ) ## 4659.12. (a) Where an action is brought by the department or a regional center pursuant to Section 4659.11, it shall be commenced within the period prescribed in Section 338 of the Code of Civil Procedure. (b) The death of a consumer or child under 36 months of age who is eligible for the California Early Intervention Program does not abate any right of action established by Section 4659.11. (c) When an action or claim is brought by a person or persons entitled to bring the action or assert the claim against a third party who may be liable for causing the death of the child or consumer, any settlement, judgment, or award obtained is subject to the right of the department or the regional center to recover from that party the reasonable value of the services provided to the consumer under this division. (d) Where the action or claim is brought by the child or consumer alone, and the child or consumer incurs a personal liability to pay attorney’s fees and costs of litigation, the claim for reimbursement by the department or the regional center of the services provided to the child or consumer shall be limited to the reasonable value of services less 25 percent, which represents the department’s or the regional center’s reasonable share of attorney’s fees paid by the child or consumer, and that portion of the cost of litigation expenses determined by multiplying by the ratio of the full amount of the reasonable value of services so provided to the full amount of the judgment, award, or settlement. (Added by Stats. 2011, Ch. 9, Sec. 14. (SB 74) Effective March 24, 2011.)
4659.13.
## 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 2.6. Third-Party Liability [4659.10 - 4659.24] ( Article 2.6 added by Stats. 2011, Ch. 9, Sec. 14. )
Verify source ↗

When certain parties bring an action or claim against a third party or carrier, they must give written notice within 30 days and file proof of notice; some other parties may join or consolidate the case, and certain notice recipients must be told about intervention and counsel 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 5. Regional Centers for Persons With Developmental Disabilities [4620 - 4669.75] ( Chapter 5 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 2.6. Third-Party Liability [4659.10 - 4659.24] ( Article 2.6 added by Stats. 2011, Ch. 9, Sec. 14. ) ## 4659.13. (a) If a consumer or child under 36 months of age who is eligible for the California Early Intervention Program pursuant to Title 14 (commencing with Section 95000) of the Government Code, the department, or a regional center brings an action or claim against a third party or carrier, the consumer, child, regional center, or department, within 30 days of filing the action, shall provide the other persons or entities specified in this subdivision with written notice by personal service or registered mail of the action or claim, and of the name of the court or state or local agency in which the action or claim is brought. Proof of the notice shall be filed in the action or claim. If an action or claim is brought by the department, the regional center, the child, or the consumer, any of the other persons or entities described in this subdivision, at any time before trial on the facts, may become a party to, or shall consolidate their action or claim with, another action or claim if brought independently. (b) If an action or claim is brought by the department or the regional center pursuant to subdivision (a) of Section 4659.11, written notice to the child, consumer, guardian, conservator, personal representative, estate, or survivor given pursuant to this section shall advise him or her of his or her right to intervene in the proceeding, his or her right to obtain a private attorney of his or her choice, and the department’s right to recover the reasonable value of the services provided. (Amended by Stats. 2012, Ch. 162, Sec. 198. (SB 1171) Effective January 1, 2013.)
4659.14.
## 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 2.6. Third-Party Liability [4659.10 - 4659.24] ( Article 2.6 added by Stats. 2011, Ch. 9, Sec. 14. )
Verify source ↗

When a judgment or award is recovered in a third-party claim, the court or agency must pay litigation expenses and attorney’s fees first, and may then place a lien or reimburse the department from the remaining amount depending on who prosecuted the case.

## 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 2.6. Third-Party Liability [4659.10 - 4659.24] ( Article 2.6 added by Stats. 2011, Ch. 9, Sec. 14. ) ## 4659.14. In the event of judgment or award in a suit or claim against a third party or carrier: (a) If the action or claim is prosecuted by the child or consumer alone, the court or agency shall first order paid from any judgment or award the reasonable litigation expenses incurred in preparation and prosecution of the action or claim, together with reasonable attorney’s fees, when an attorney has been retained. After payment of these expenses and attorney’s fees the court or agency, on the application of the department or the regional center, shall allow as a lien against the amount of the settlement, judgment, or award, the reasonable value of additional services provided to the child under the California Early Intervention Program or consumer under this division, as provided in subdivision (d) of Section 4659.12. (b) If the action or claim is prosecuted both by the consumer or child and the department or regional center, the court or agency shall first order paid from any judgment or award the reasonable litigation expenses incurred in preparation and prosecution of the action or claim, together with reasonable attorney’s fees based solely on the services rendered for the benefit of the child or consumer. After payment of these expenses and attorney’s fees, the court or agency shall apply out of the balance of the judgment or award an amount sufficient to reimburse the department the full amount of the reasonable value of services provided. (Added by Stats. 2011, Ch. 9, Sec. 14. (SB 74) Effective March 24, 2011.)
4659.15.
## 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 2.6. Third-Party Liability [4659.10 - 4659.24] ( Article 2.6 added by Stats. 2011, Ch. 9, Sec. 14. )
Verify source ↗

If someone applies again before a judgment or award is paid, the court must allow a further lien for the reasonable value of additional services that meet the statute’s conditions.

## 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 2.6. Third-Party Liability [4659.10 - 4659.24] ( Article 2.6 added by Stats. 2011, Ch. 9, Sec. 14. ) ## 4659.15. Upon further application at any time before the judgment or award is satisfied, the court shall allow as a further lien the reasonable value of additional services provided arising out of the same cause of action or claim provided on behalf of the consumer under this division, or child under the California Early Intervention Program, where the services were provided or became payable subsequent to the original order. (Added by Stats. 2011, Ch. 9, Sec. 14. (SB 74) Effective March 24, 2011.)
4659.16.
## 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 2.6. Third-Party Liability [4659.10 - 4659.24] ( Article 2.6 added by Stats. 2011, Ch. 9, Sec. 14. )
Verify source ↗

This section gives the department, regional center, child, or consumer a court process for resolving lien allocation disputes tied to settlements, judgments, or awards.

## 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 2.6. Third-Party Liability [4659.10 - 4659.24] ( Article 2.6 added by Stats. 2011, Ch. 9, Sec. 14. ) ## 4659.16. (a) No settlement, judgment, or award in any action or claim by a consumer or child to recover damages for injuries, where the department or regional center has an interest, shall be deemed final or satisfied without first giving the department notice and a reasonable opportunity to perfect and to satisfy the department’s or regional center’s lien. Recovery of the lien from an injured consumer’s or child’s action or claim is limited to that portion of a settlement, judgment, or award that represents payment for services provided on behalf of the consumer under this division or a child under the California Early Intervention Program. All reasonable efforts shall be made to obtain the department’s advance agreement to a determination as to what portion of a settlement, judgment, or award represents payment for services provided on behalf of the consumer under this division or the child under the California Early Intervention Program. Absent the department’s advance agreement as to what portion of a settlement, judgment, or award represents payment for medical expenses, or medical care, provided to the child or consumer, the matter shall be submitted to a court for decision. The department, the regional center, or the child or consumer may seek resolution of the dispute by filing a motion, which shall be subject to regular law and motion procedures. (b) If the child or consumer has filed a third-party action or claim, the court in which the action or claim was filed shall have jurisdiction over a dispute between the department or regional center and the child or consumer regarding the amount of a lien asserted pursuant to this section that is based upon an allocation of damages contained in a settlement or compromise of the third-party action or claim. If no third-party action or claim has been filed, any superior court in California where venue would have been proper, had a claim or action been filed, shall have jurisdiction over the motion. The motion may be filed as a special motion and treated as an ordinary law and motion proceeding subject to regular motion fees. The reimbursement determination motion shall be treated as a special proceeding of a civil nature pursuant to Part 3 (commencing with Section 1063) of the Code of Civil Procedure. When no action is pending, the person making the motion shall be required to pay a first appearance fee. When an action is pending, the person making the motion shall pay a regular law and motion fee. Notwithstanding Section 1064 of the Code of Civil Procedure, the child or consumer, the regional center, or the department may appeal the final findings, decision, or order. (c) The court shall issue its findings, decision, or order, which shall be considered the final determination of the parties’ rights and obligations with respect to the department’s lien, unless the settlement is contingent on an acceptable allocation of the settlement proceeds, in which case, the court’s findings, decision, or order shall be considered a tentative determination. If the child or consumer does not serve notice of a rejection of the tentative determination, which shall be based solely upon a rejection of the contingent settlement, within 30 days of the notice of entry of the court’s tentative determination, subject to further consideration by the court pursuant to subdivision (d), the tentative determination shall become final. Notwithstanding Section 1064 of the Code of Civil Procedure, the child, consumer, regional center, or department may appeal the final findings, decision, or order. (d) If the consumer or child does not accept the tentative determination, which shall be based solely upon a rejection of the contingent settlement, any party may subsequently seek further consideration of the court’s findings upon application to modify the prior findings, decision, or order based on new or different facts or circumstances. The application shall include an affidavit showing what application was made before, when, and to what judge, what order or decision was made, and what new or different facts or circumstances, including a different settlement, are claimed to exist. Upon further consideration, the court may modify the allocation in the interest of fairness and for good cause. (Added by Stats. 2011, Ch. 9, Sec. 14. (SB 74) Effective March 24, 2011.)
4659.17.
## 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 2.6. Third-Party Liability [4659.10 - 4659.24] ( Article 2.6 added by Stats. 2011, Ch. 9, Sec. 14. )
Verify source ↗

If the department or a regional center has perfected a lien, it can get a writ of execution to collect the lien from the third party, or from the child or consumer if the recovered amount was paid to 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 5. Regional Centers for Persons With Developmental Disabilities [4620 - 4669.75] ( Chapter 5 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 2.6. Third-Party Liability [4659.10 - 4659.24] ( Article 2.6 added by Stats. 2011, Ch. 9, Sec. 14. ) ## 4659.17. When the department or regional center has perfected a lien upon a judgment or award in favor of a child eligible for the California Early Intervention Program or a consumer against any third party for an injury for which the consumer has received services pursuant to this division, the department or the regional center shall be entitled to a writ of execution as lien claimant to enforce payment of the lien against the third party with interest and other accruing costs as in the case of other executions. In the event the amount of the judgment or award so recovered has been paid to the child or consumer, the department or the regional center shall be entitled to a writ of execution against the child or consumer to the extent of the department’s or the regional center’s lien, with interest and other accruing costs as in the case of other executions. (Added by Stats. 2011, Ch. 9, Sec. 14. (SB 74) Effective March 24, 2011.)
4659.18.
## 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 2.6. Third-Party Liability [4659.10 - 4659.24] ( Article 2.6 added by Stats. 2011, Ch. 9, Sec. 14. )
Verify source ↗

The department or regional center may not recover more than the amount recovered by the child or consumer after attorney’s fees and litigation costs are deducted.

## 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 2.6. Third-Party Liability [4659.10 - 4659.24] ( Article 2.6 added by Stats. 2011, Ch. 9, Sec. 14. ) ## 4659.18. Notwithstanding any other provision of law, in no event shall the department or the regional center recover an amount greater than the child eligible for the California Early Intervention Program or consumer recovers after deducting from the settlement judgment, or award, attorney’s fees and litigation costs paid for by the child or consumer. If the recovery of the department or regional center is determined under this section, the reductions in subdivision (d) of Section 4659.12 shall not apply. (Added by Stats. 2011, Ch. 9, Sec. 14. (SB 74) Effective March 24, 2011.)
4659.19.
## 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 2.6. Third-Party Liability [4659.10 - 4659.24] ( Article 2.6 added by Stats. 2011, Ch. 9, Sec. 14. )
Verify source ↗

The department or regional center may recover only up to the amount calculated under the referenced sections, and not more than the smallest applicable 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 5. Regional Centers for Persons With Developmental Disabilities [4620 - 4669.75] ( Chapter 5 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 2.6. Third-Party Liability [4659.10 - 4659.24] ( Article 2.6 added by Stats. 2011, Ch. 9, Sec. 14. ) ## 4659.19. The amount recovered by the department or regional center shall not exceed the amount derived from applying Section 4659.12, 4659.16, or 4659.18, whichever is less. (Added by Stats. 2011, Ch. 9, Sec. 14. (SB 74) Effective March 24, 2011.)
4659.2.
## 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 2. Regional Center Responsibilities [4640 - 4659.2] ( Article 2 added by Stats. 1977, Ch. 1252. )
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Regional center vendors and certain facilities must report serious incidents and submit monthly incident data, and the reports must include specified identifying 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 5. Regional Centers for Persons With Developmental Disabilities [4620 - 4669.75] ( Chapter 5 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Regional Center Responsibilities [4640 - 4659.2] ( Article 2 added by Stats. 1977, Ch. 1252. ) ## 4659.2. (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) “Seclusion” means involuntary confinement of a person alone in a room or an area as defined in subdivision (e) of Section 1180.1 of the Health and Safety Code. (4) “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. (5) “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. (6) “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. (7) “Community crisis home” means a facility, as defined in Section 4698, that is a regional center vendor. (8) “Mental health rehabilitation center” means a residential facility that is licensed by the State Department of Health Care Services and is a regional center vendor. (b) (1) All regional center vendors that provide crisis or residential services or supported living services, including community crisis homes and mental health rehabilitation centers, long-term health care facilities, and acute psychiatric hospitals shall report to the agency designated pursuant to subdivision (i) of Section 4900 all of the following: (A) Each death or serious injury of a person occurring during, or related to, the use of seclusion, physical restraint, or chemical restraint, or any combination thereof. (B) Any unexpected or suspicious death, regardless of whether the cause is immediately known. (C) Any allegation of sexual assault, as defined in Section 15610.63, in which the alleged perpetrator is a staff member, service provider, or facility employee or contractor. (D) 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, service provider, or facility employee or contractor is implicated. (2) The reports described in paragraph (1) shall be made no later than the close of the business day following the death or serious injury. The report shall include the encrypted identifier of the person involved, and the name, street address, and telephone number of the facility. (c) (1) On a monthly basis, all regional center vendors that provide crisis or residential services or supported living services, long-term health care facilities, and acute psychiatric hospitals shall report to the State Department of Developmental Services, the regional center providing services to the consumer, the vendoring regional center, if different, and the agency designated pursuant to subdivision (i) of Section 4900 all of the following: (A) The number of incidents of seclusion and the duration of time spent per incident in seclusion. (B) The number of incidents of the use of behavioral restraints and the duration of time spent per incident of restraint. (C) The number of times an involuntary emergency medication is used to control behavior. (2) The reports required pursuant to paragraph (1) shall include the name, street address, and telephone number of the facility. (Amended by Stats. 2022, Ch. 49, Sec. 21. (SB 188) Effective June 30, 2022.)
4659.20.
## 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 2.6. Third-Party Liability [4659.10 - 4659.24] ( Article 2.6 added by Stats. 2011, Ch. 9, Sec. 14. )
Verify source ↗

Certain parties must send required notices to the department in Sacramento, unless the director directs that notice go to the Attorney General.

## 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 2.6. Third-Party Liability [4659.10 - 4659.24] ( Article 2.6 added by Stats. 2011, Ch. 9, Sec. 14. ) ## 4659.20. In the event that the child or consumer, his or her guardian, conservator, limited conservator, personal representative, estate, or survivors, or any of them brings an action against the third party that may be liable for the injury, notice of institution of legal proceedings, notice of settlement, and all other notices required by this article shall be given to the director of the department in Sacramento except in cases where the director specifies that notice shall be given to the Attorney General. All notices shall be given by insurance carriers, as described in Section 14124.70, having liability for the child’s or consumer’s claim, and by the attorney retained to assert the claim by the consumer or child, or by the injured child or consumer, his or her guardian, conservator, limited conservator, personal representative, estate, or survivors, if no attorney is retained. (Added by Stats. 2011, Ch. 9, Sec. 14. (SB 74) Effective March 24, 2011.)
4659.21.
## 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 2.6. Third-Party Liability [4659.10 - 4659.24] ( Article 2.6 added by Stats. 2011, Ch. 9, Sec. 14. )
Verify source ↗

Carriers must work with regional centers and the department to match eligibility and claim files, keep a centralized claimant file, and share that information on reasonable request.

## 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 2.6. Third-Party Liability [4659.10 - 4659.24] ( Article 2.6 added by Stats. 2011, Ch. 9, Sec. 14. ) ## 4659.21. Notwithstanding any other provision of law, all carriers described in Section 14124.70, including automobile, casualty, property, and malpractice insurers, shall enter into agreements with regional centers and the department to permit and assist the matching of the eligibility files of the department and the regional centers against the carrier’s claim files, utilizing, if necessary, social security numbers as common identifiers for the purpose of determining whether services were provided to a child eligible for the California Early Intervention Program or consumer because of an injury for which another person is liable, or for which a carrier is liable in accordance with the provisions of any policy of insurance. The carrier shall maintain a centralized file of claimants’ names, mailing addresses, and social security numbers or dates of birth. This information shall be made available to the department and the regional center upon a reasonable request by the department or a regional center. The agreement described in this section shall include financial arrangements for reimbursing carriers for necessary costs incurred in furnishing requested information. (Added by Stats. 2011, Ch. 9, Sec. 14. (SB 74) Effective March 24, 2011.)
4659.22.
## 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 2.6. Third-Party Liability [4659.10 - 4659.24] ( Article 2.6 added by Stats. 2011, Ch. 9, Sec. 14. )
Verify source ↗

Specified health insurers and related plans must provide requested records or information to the department or a regional center when certified, and the department, regional center, and director must set and implement procedures to manage the 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 5. Regional Centers for Persons With Developmental Disabilities [4620 - 4669.75] ( Chapter 5 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 2.6. Third-Party Liability [4659.10 - 4659.24] ( Article 2.6 added by Stats. 2011, Ch. 9, Sec. 14. ) ## 4659.22. (a) Every health insurer, self-insured plan, group health plan, as defined in Section 607(1) of the federal Employee Retirement Income Security Act of 1974 (29 U.S.C. Sec. 1001 et seq.), service benefit plan, managed care organization, including health care service plans as defined in subdivision (f) of Section 1345 of the Health and Safety Code, licensed pursuant to the Knox-Keene Health Care Service Plan Act of 1975 (Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code), pharmacy benefit manager, or other party that is, by statute, contract, or agreement, legally responsible for payment of a claim for a health care item or service, upon request of the department or a regional center for any records, or any information contained in records pertaining to, an individual or group health insurance policy or plan issued by the insurer or plan against, or pertaining to, the services paid by or claims made against the insurer or plans under a policy or plan, shall make the requested records or information available upon a certification by the department or regional center that the individual is an applicant for or recipient of services under this division, is an applicant for or recipient of services under the California Early Intervention Program, or is a person who is legally responsible for the applicant or recipient, provided that the department and regional center certifies its compliance with all state and federal laws pertaining to the confidentiality of medical information. (b) The department or regional center shall enter into a cooperative agreement setting forth mutually agreeable procedures for requesting and furnishing appropriate information, consistent with laws pertaining to the confidentiality and privacy of medical information. These procedures shall include any financial arrangements as may be necessary to reimburse insurers or plans for necessary costs incurred in furnishing requested information, and the time and manner those procedures are to become effective. The department shall make every effort to coordinate with the State Department of Health Care Services to obtain this information for this purpose, avoid duplication and administrative costs, and to protect privacy of medical information pursuant to state and federal law. (c) The information required to be made available pursuant to this section shall be limited to information necessary to determine whether health care services have been or should have been claimed and paid pursuant to an obligation of entities identified in subdivision (a) and the terms and conditions of the enrollee’s contract or, in the case of a Medi-Cal beneficiary, pursuant to the scope of the contract between the State Department of Health Care Services and a Medi-Cal managed care health plan, with respect to services received by a particular individual for which services under this division or under the California Early Intervention Program would be available. (d) Not later than the date upon which the procedures agreed to pursuant to subdivision (b) become effective, the director shall establish guidelines to ensure that information relating to an individual certified to be an applicant child or consumer, furnished to any insurer or plan pursuant to this section, is used only for the purpose of identifying the records or information requested in the manner so as not to violate the confidentiality of an applicant or recipient. (e) The department shall implement this section no later than July 1, 2011. (Added by Stats. 2011, Ch. 9, Sec. 14. (SB 74) Effective March 24, 2011.)
4659.23.
## 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 2.6. Third-Party Liability [4659.10 - 4659.24] ( Article 2.6 added by Stats. 2011, Ch. 9, Sec. 14. )
Verify source ↗

Certain health coverage payers must keep a centralized file of subscriber and enrollee identifying information and make it available to the department or a regional center on reasonable request.

## 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 2.6. Third-Party Liability [4659.10 - 4659.24] ( Article 2.6 added by Stats. 2011, Ch. 9, Sec. 14. ) ## 4659.23. In order to assess overlapping or duplicate health coverage, every health insurer, self-insured plan, group health plan, as defined in Section 607(1) of the federal Employee Retirement Income Security Act of 1974 (29 U.S.C. Sec. 1001 et seq.), service benefit plan, managed care organization, including a health care service plan as defined in subdivision (f) of Section 1345 of the Health and Safety Code, licensed pursuant to the Knox-Keene Health Care Service Plan Act of 1975 (Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code), pharmacy benefit manager, or other party that is, by statute, contract, or agreement, legally responsible for payment of a claim for a health care item or service shall maintain a centralized file of the subscribers’, policyholders’, or enrollees’ names, mailing addresses, and social security numbers or dates of birth, and where available, for all other covered persons, the names and social security numbers or dates of birth. This information shall be made available to the department or a regional center upon reasonable request. Notwithstanding Section 20230 of the Government Code, the Board of Administration of the Public Employees’ Retirement System and affiliated systems or contract agencies shall permit data matches with the state department to identify consumers with third-party health coverage or insurance. (Amended by Stats. 2012, Ch. 162, Sec. 199. (SB 1171) Effective January 1, 2013.)
4659.24.
## 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 2.6. Third-Party Liability [4659.10 - 4659.24] ( Article 2.6 added by Stats. 2011, Ch. 9, Sec. 14. )
Verify source ↗

An insurer cannot impose special requirements on the department or regional center after recovery rights are assigned, and the department may garnish wages or withhold state tax refunds from certain persons who owe service costs and have received third-party payment without reimbursing others.

## 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 2.6. Third-Party Liability [4659.10 - 4659.24] ( Article 2.6 added by Stats. 2011, Ch. 9, Sec. 14. ) ## 4659.24. (a) When the rights of a consumer or a child receiving services under the California Early Intervention Program to recovery from an insurer have been assigned to the department or a regional center, an insurer shall not impose any requirement on the department or the regional center that is different from any requirement applicable to an agent or assignee of the covered consumer or child. (b) The department may garnish the wages, salary, or other employment income of, and withhold amounts from state tax refunds from, any person to whom both of the following apply: (1) The person is required by a court or administrative order to provide coverage of the costs of services provided to a child under the California Early Intervention Program or a consumer under this division. (2) The person has received payment from a third party for the costs of the services for the child or consumer, but he or she has not used the payments to reimburse, as appropriate, either the other parent or the person having custody of the child or consumer, or the provider of the services, to the extent necessary to reimburse the department for expenditures for those costs under this division. All claims for current or past due child support shall take priority over claims made by the department or the regional center. (c) For purposes of this section, “insurer” includes every health insurer, self-insured plan, group health plan, as defined in Section 607(1) of the federal Employee Retirement Income Security Act of 1974 (29 U.S.C. Sec. 1001 et seq.), service benefit plan, managed care organization, including health care service plans as defined in subdivision (f) of Section 1345 of the Health and Safety Code, licensed pursuant to the Knox-Keene Health Care Service Plan Act of 1975 (Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code), pharmacy benefit manager, or other party that is, by statute, contract, or agreement, legally responsible for payment of a claim for a health care item or service. (Added by Stats. 2011, Ch. 9, Sec. 14. (SB 74) Effective March 24, 2011.)
4659.5.
## 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 2.5. Interagency Dispute Resolution [4659.5 - 4659.8] ( Article 2.5 added by Stats. 2009, Ch. 84, Sec. 1. )
Verify source ↗

This section limits when the interagency dispute resolution article applies to certain service-funding disputes involving regional centers, generic agencies, and children under six.

## 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 2.5. Interagency Dispute Resolution [4659.5 - 4659.8] ( Article 2.5 added by Stats. 2009, Ch. 84, Sec. 1. ) ## 4659.5. (a) This article shall apply to any dispute over the provision of services where the regional center believes that a generic agency, as defined in subdivision (g), is legally obligated to fund or provide a service or services that are contained in the individualized family service plan or individual program plan for any child under six years of age. (b) This article shall apply only to disputes over which entity is to deliver or pay for a specific type, frequency, or duration of services, or any combination thereof, when the services are contained in the individualized family service plan or individual program plan for any child under six years of age. This article shall not apply to the resolution of disputes between a consumer or his or her authorized representative and a regional center over the provision of, or payment for, a service, nor shall this article apply to the determination of eligibility for any service. (c) This article does not apply when the dispute has been decided after a due process hearing or resolved by the agreement of all parties, in a proceeding under the California Early Intervention Services Act (Title 14 (commencing with Section 95000) of the Government Code) in which the regional center and local educational agency have been joined. (d) This article does not apply to a dispute over the type, frequency, and duration of service when a consumer has requested mediation or a due process hearing under the California Early Intervention Services Act (Title 14 (commencing with Section 95000) of the Government Code) and the regional center and local educational agency have been joined in the proceeding. (e) This article does not modify the mandated responsibility of a regional center or a local educational agency to fund services identified in the individualized family service plan as set forth in subdivisions (b) to (e), inclusive, of Section 95014 of the Government Code and Sections 52106 to 52110, inclusive, of Title 17 of the California Code of Regulations. (f) This article does not modify the responsibilities of regional centers to fund services pursuant to this division. (g) For purposes of this article, “generic agency” means a publicly funded agency referred to in paragraph (8) of subdivision (a) of Section 4648, except that the term does not apply to Medi-Cal specialty mental health plans that are governed by dispute resolution processes outlined in Chapter 11 (commencing with Section 1810.100) of Division 1 of Title 9 of the California Code of Regulations, an individual, organization, or entity operating under a Medi-Cal managed care plan contract with the State Department of Health Care Services under Chapter 7 (commencing with Section 14000) or Chapter 8 (commencing with Section 14200) of Part 3 of Division 9, the Genetically Handicapped Persons Program, administered by the State Department of Health Care Services pursuant to Article 1 (commencing with Section 125125) of Chapter 2 of Part 5 of Division 106 of the Health and Safety Code, or to the California Children’s Services Program administered by the State Department of Health Care Services pursuant to Article 5 (commencing with Section 123800) of Chapter 3 of Part 2 of Division 106 of the Health and Safety Code. (Added by Stats. 2009, Ch. 84, Sec. 1. (AB 140) Effective January 1, 2010.)
4659.7.
## 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 2.5. Interagency Dispute Resolution [4659.5 - 4659.8] ( Article 2.5 added by Stats. 2009, Ch. 84, Sec. 1. )
Verify source ↗

This section sets out a dispute-resolution process between a regional center and a generic agency over who must provide or pay for a required service.

## 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 2.5. Interagency Dispute Resolution [4659.5 - 4659.8] ( Article 2.5 added by Stats. 2009, Ch. 84, Sec. 1. ) ## 4659.7. (a) Whenever a regional center believes that a generic agency is responsible for providing or paying for a service required pursuant to Sections 4646.5 to 4648, inclusive, or Section 95020 of the Government Code and specified in the consumer’s individualized family service plan or individual program plan, and the generic agency is not providing or funding the service or services, the regional center may submit a written notification of the failure to provide the service and a request for dispute resolution to the appropriate generic agency. Any regional center that files written notification of the failure to provide a service and a request for dispute resolution with a generic agency as set forth in this section, shall provide written notification of its request for resolution to the consumer’s parent, legal guardian, or authorized representative. The regional center may withdraw its request for dispute resolution at any time during this process. (b) (1) Upon receipt of the written notification made by the regional center, the generic agency and the regional center shall have 15 calendar days to meet to resolve the dispute unless the generic agency notifies the regional center in writing that it needs additional time, up to 15 days, to make an initial assessment of whether the child meets the basic eligibility requirements for the program or type of service in question. (2) The generic agency and the regional center shall prepare a written copy of the meeting resolution which shall be mailed to the parent, guardian, or other authorized representative within 10 calendar days of the meeting. The resolution shall specify the regional center or generic agency responsible for providing the service. (c) (1) If the dispute cannot be resolved to the satisfaction of the regional center and the generic agency, within 10 calendar days of the meeting, each party shall submit his or her contentions on the issue in writing to the Director of the Office of Administrative Hearings within 30 calendar days of the meeting. The Director of the Office of Administrative Hearings, or his or her designee, shall review the issue and issue a written decision within 30 calendar days of receipt of the case. The decision shall specify the regional center or generic agency responsible for the service or services. The Office of Administrative Hearings may award reimbursement retroactively to the date the prevailing party initiated the provision of the services that were in dispute. A written copy of the resolution shall be mailed to the parent, guardian, or authorized representative, the Director of Developmental Services, the regional center, and the generic agency involved in the dispute resolution process. (2) The decision of the Director of the Office of Administrative Hearings, or his or her designee, shall be the final administrative decision for all agencies that are parties to the dispute. (3) Nothing in this article shall be construed to supersede regional center or generic agency procedures for subsequent review and modification, as appropriate, of the type, frequency, or duration of services pursuant to the agency’s program or treatment planning process. (d) (1) The submission of a notification pursuant to subdivision (a) shall not interfere with a consumer’s right to receive the services and supports in his or her individualized family service plan or individual program plan on a timely basis. (2) Arrangements for the provision of an interim service or services may be made by written agreement between the regional center and the generic agency, provided the child’s individualized family service plan or individual program plan is not altered, except as to which agency delivers or pays for the service if the service or services are included in the individualized family service plan or individual program plan. (e) Nothing in this section shall prevent a consumer or his or her authorized representative from pursuing administrative remedies otherwise available, including remedies pursuant to Chapter 7 (commencing with Section 4700) of Division 4.5, of this code or Sections 52160 to 52174, inclusive, of Title 17 of the California Code of Regulations or, after exhaustion of any applicable administrative remedies, pursuing available remedies through a civil action in any court of competent jurisdiction. (f) Once the dispute resolution procedures have been completed, the agency determined responsible for the service shall pay for and provide the service, and shall reimburse the other agency that provided the service pursuant to subdivision (d), if applicable. (g) The State Department of Developmental Services shall pay for the services provided by the Office of Administrative Hearings pursuant to this section. (Added by Stats. 2009, Ch. 84, Sec. 1. (AB 140) Effective January 1, 2010.)
4659.8.
## 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 5. Regional Centers for Persons With Developmental Disabilities [4620 - 4669.75] ( Chapter 5 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 2.5. Interagency Dispute Resolution [4659.5 - 4659.8] ( Article 2.5 added by Stats. 2009, Ch. 84, Sec. 1. )
Verify source ↗

A dispute-resolution outcome under this article cannot be used as precedent for another matter.

## 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 2.5. Interagency Dispute Resolution [4659.5 - 4659.8] ( Article 2.5 added by Stats. 2009, Ch. 84, Sec. 1. ) ## 4659.8. The resolution under this article of whether a regional center or generic agency is the responsible party for providing the service in a particular matter shall not set a precedent for the resolution of any other matter. (Added by Stats. 2009, Ch. 84, Sec. 1. (AB 140) Effective January 1, 2010.)
4660.
## 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 3. Regional Center Board Meetings [4660 - 4669] ( Article 3 added by Stats. 1986, Ch. 577, Sec. 2. )
Verify source ↗

Regional center board meetings must be open to the public, allow public input, and let attendees record proceedings unless the board makes a reasonable disruption finding.

## 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 3. Regional Center Board Meetings [4660 - 4669] ( Article 3 added by Stats. 1986, Ch. 577, Sec. 2. ) ## 4660. All meetings of the board of directors of each regional center shall be scheduled, open, and public, and all persons shall be permitted to attend any meeting, except as otherwise provided in this section. Regional center board meetings shall be held in accordance with all of the following provisions: (a) Each regional center shall provide a copy of this article to each member of the regional center governing board upon his or her assumption of board membership. (b) As used in this article, board meetings include meetings conducted by any committee of the governing board which exercises authority delegated to it by that governing board. However, board meetings shall not be deemed to include board retreats planned solely for educational purposes. (c) At each regional center board meeting, time shall be allowed for public input on all properly noticed agenda items prior to board action on that item. Time shall be allowed for public input on any issue not included on the agenda. (d) Any person attending an open and public meeting of a regional center shall have the right to record the proceedings on a tape recorder, video recorder, or other sound, visual, or written transcription recording device, in the absence of a reasonable finding of the regional center governing board that such recording constitutes, or would constitute, a disruption of the proceedings. (Amended by Stats. 1997, Ch. 414, Sec. 21. Effective September 22, 1997.)
4661.
## 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 3. Regional Center Board Meetings [4660 - 4669] ( Article 3 added by Stats. 1986, Ch. 577, Sec. 2. )
Verify source ↗

Regional centers must mail meeting notices to anyone who asks in writing, at least 7 days before the meeting, and keep recordings and written testimony for at least 2 years.

## 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 3. Regional Center Board Meetings [4660 - 4669] ( Article 3 added by Stats. 1986, Ch. 577, Sec. 2. ) ## 4661. (a) Regional centers shall mail notice of their meetings to any person who requests notice in writing. Notice shall be mailed at least seven days in advance of each meeting. The notice shall include the date, time, and location of, and a specific agenda for, the meeting, which shall include an identification of all substantive topic areas to be discussed, and no item shall be added to the agenda subsequent to the provision of this notice. The notice requirement shall not preclude the regional center board from taking action on any urgent request made by the department, not related to purchase of service reductions, for which the board makes a specific finding that notice could not have been provided at least seven days before the meeting, or on new items brought before the board at meetings by members of the public. (b) The regional center shall maintain all recordings and written comments submitted as testimony on agenda items for no less than two years. These materials shall be made available for review by any person, upon request. (c) Any action taken by a board that is found by a court of competent jurisdiction to have substantially violated any provision of this article shall be deemed null and void. (Amended by Stats. 1997, Ch. 414, Sec. 22. Effective September 22, 1997.)
4662.
## 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 3. Regional Center Board Meetings [4660 - 4669] ( Article 3 added by Stats. 1986, Ch. 577, Sec. 2. )
Verify source ↗

Emergency meetings may be held without the usual advance notice rule when prompt action is needed because regional center services are disrupted or threatened; if practicable, advance notice still should be given, the state council must be notified by telephone, and minutes must be mailed immediately to the persons listed in Section 4661.

## 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 3. Regional Center Board Meetings [4660 - 4669] ( Article 3 added by Stats. 1986, Ch. 577, Sec. 2. ) ## 4662. In the case of an emergency situation involving matters upon which prompt action is necessary due to the disruption or threatened disruption of regional center services, an emergency meeting may be called without complying with the advanced notice requirement of Section 4661. For the purposes of this article, “emergency situation” means any activity which severely impairs public health, safety, or both, as determined by a majority of the members of the regional center board. In these situations, advance notice shall be provided if practicable. In addition, the state council shall be notified by telephone of each emergency meeting. The minutes of an emergency meeting, including a description of any actions taken at the meeting, shall be mailed immediately to those persons described in Section 4661. (Amended by Stats. 2014, Ch. 409, Sec. 50. (AB 1595) Effective January 1, 2015.)
4663.
## 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 3. Regional Center Board Meetings [4660 - 4669] ( Article 3 added by Stats. 1986, Ch. 577, Sec. 2. )
Verify source ↗

Regional center boards may meet in closed session for listed topics, and client-specific matters must be handled in closed session unless public discussion is requested by the client or certain family/guardian representatives.

## 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 3. Regional Center Board Meetings [4660 - 4669] ( Article 3 added by Stats. 1986, Ch. 577, Sec. 2. ) ## 4663. (a) The governing board of a regional center may hold a closed meeting to discuss or consider one or more of the following: (1) Real estate negotiations. (2) The appointment, employment, evaluation of performance, or dismissal of a regional center employee. (3) Employee salaries and benefits. (4) Labor contract negotiations. (5) Pending litigation. (b) Any matter specifically dealing with a particular regional center client must be conducted in a closed session, except where it is requested that the issue be discussed publicly by the client, the client’s conservator, or the client’s parent or guardian where the client is a minor. Minutes of closed sessions shall be kept by a designated officer or employee of the regional center, but these minutes shall not be considered public records. Prior to and directly after holding any closed session, the regional center board shall state the specific reason or reasons for the closed session. In the closed session, the board may consider only those matters covered in its statement. (Added by Stats. 1986, Ch. 577, Sec. 2.)
4664.
## 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 3. Regional Center Board Meetings [4660 - 4669] ( Article 3 added by Stats. 1986, Ch. 577, Sec. 2. )
Verify source ↗

A regional center’s governing board may hold a closed session about pending litigation if open discussion would prejudice the center, and it must publicly state which subdivision authorizes the closed session.

## 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 3. Regional Center Board Meetings [4660 - 4669] ( Article 3 added by Stats. 1986, Ch. 577, Sec. 2. ) ## 4664. The governing board of a regional center may hold a closed session regarding pending litigation when discussion in open session concerning those matters would prejudice the position of the regional center in the litigation. Litigation shall be considered pending when any of the following circumstances exist: (a) An adjudicatory proceeding to which the regional center is a party has been initiated formally. (b) A point has been reached where, based upon existing facts and circumstances and the advice of legal counsel, it is determined that there is a significant exposure to litigation against the regional center. (c) Based on existing facts and circumstances, the regional center has decided to initiate or is deciding whether to initiate litigation. Prior to holding a closed session pursuant to this section, the regional center governing board shall state publicly to which subdivision it is pursuant. (Amended by Stats. 1997, Ch. 414, Sec. 23. Effective September 22, 1997.)
4665.
## 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 3. Regional Center Board Meetings [4660 - 4669] ( Article 3 added by Stats. 1986, Ch. 577, Sec. 2. )
Verify source ↗

Certain materials for a regional center board meeting must be made available for public inspection, and copies may be charged a reasonable fee.

## 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 3. Regional Center Board Meetings [4660 - 4669] ( Article 3 added by Stats. 1986, Ch. 577, Sec. 2. ) ## 4665. Agendas and other writings or materials distributed prior to or during a regional center board meeting for discussion or action at the meeting shall be considered public records, except those materials distributed during, and directly related to, a closed session authorized under Section 4663. Writings which are distributed prior to commencement of a board meeting shall be made available for public inspection upon request prior to commencement of the meeting. Writings which are distributed during a board meeting shall be made available for public inspection at the time of their discussion at the meeting. A reasonable fee may be charged for a copy of a public record distributed pursuant to this section. (Added by Stats. 1986, Ch. 577, Sec. 2.)
4666.
## 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 3. Regional Center Board Meetings [4660 - 4669] ( Article 3 added by Stats. 1986, Ch. 577, Sec. 2. )
Verify source ↗

A regional center must not hold meetings, conferences, or other functions in facilities that exclude people because of ancestry or other characteristics covered by Section 11135 of the Government Code.

## 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 3. Regional Center Board Meetings [4660 - 4669] ( Article 3 added by Stats. 1986, Ch. 577, Sec. 2. ) ## 4666. No regional center shall conduct any meeting, conference, or other function in any facility that prohibits the admittance of any person, or persons, on the basis of ancestry or any characteristic listed or defined in Section 11135 of the Government Code. (Amended by Stats. 2007, Ch. 568, Sec. 48. Effective January 1, 2008.)
4667.
## 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 3. Regional Center Board Meetings [4660 - 4669] ( Article 3 added by Stats. 1986, Ch. 577, Sec. 2. )
Verify source ↗

Regional center board meetings must be held in facilities accessible to people with physical 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 3. Regional Center Board Meetings [4660 - 4669] ( Article 3 added by Stats. 1986, Ch. 577, Sec. 2. ) ## 4667. All regional center board meetings shall be held in facilities accessible to persons with physical disabilities. (Added by Stats. 1986, Ch. 577, Sec. 2.)
4668.
## 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 3. Regional Center Board Meetings [4660 - 4669] ( Article 3 added by Stats. 1986, Ch. 577, Sec. 2. )
Verify source ↗

Actions taken by a regional center governing board that violate this article are null and void, and interested persons may seek mandamus, injunction, or declaratory relief.

## 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 3. Regional Center Board Meetings [4660 - 4669] ( Article 3 added by Stats. 1986, Ch. 577, Sec. 2. ) ## 4668. (a) Any action taken by a regional center governing board in violation of this article is null and void. Any interested person may commence an action by mandamus, injunction, or declaratory relief for the purpose of obtaining a judicial declaration that an action taken in violation of this article is null and void. (b) A court may award court costs and reasonable attorney’s fees to the plaintiff in an action brought pursuant to this section where it is found that a regional center board has violated the provisions of this article. (c) This section does not prevent a regional center governing board from curing or correcting an action challenged pursuant to this section. (Added by Stats. 1986, Ch. 577, Sec. 2.)
4669.
## 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 3. Regional Center Board Meetings [4660 - 4669] ( Article 3 added by Stats. 1986, Ch. 577, Sec. 2. )
Verify source ↗

This article does not apply to a regional center board’s corporate affairs when those affairs have no relationship to the regional center’s role and responsibility under the chapter.

## 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 3. Regional Center Board Meetings [4660 - 4669] ( Article 3 added by Stats. 1986, Ch. 577, Sec. 2. ) ## 4669. The provisions of this article shall not apply to the corporate affairs of the governing board of a regional center which have no relationship to the role and responsibility of a regional center set forth in this chapter. (Added by Stats. 1986, Ch. 577, Sec. 2.)
4669.2.
## 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 4. Regional Center Alternatives for Service Delivery [4669.2 - 4669.75] ( Article 4 added by Stats. 1993, Ch. 623, Sec. 2. )
Verify source ↗

A regional center may explore and implement listed service-delivery alternatives for community consumers, but only with department approval, required consultation, and no reduction in direct service. It must also file an annual report, and it may not use its purchase-of-services budget for buying its own office space.

## 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 4. Regional Center Alternatives for Service Delivery [4669.2 - 4669.75] ( Article 4 added by Stats. 1993, Ch. 623, Sec. 2. ) ## 4669.2. (a) Notwithstanding any other law, and provided that there shall be no reduction in direct service to persons eligible for services under this article, a regional center, with the approval of the State Department of Developmental Services, and in consultation with the state council, consumer and vendor advisory committees, and local advocacy organizations, may explore and implement any regional center service delivery alternative included in this section for consumers living in the community, as follows: (1) Alternative service coordination for consumers. (2) Technical and financial support to consumers, and where appropriate, their families, to provide or secure their own services in lieu of services that regional centers would otherwise provide, purchase, or secure. These programs shall be cost-effective in the aggregate, and shall be limited to consumers who are at imminent risk of moving to a more restrictive setting. (3) Procedures whereby regional centers may negotiate levels of payment with providers for delivery of specific services to a group of consumers through a mutually agreed upon contract with a specific term and a guaranteed reimbursement amount. Contracted services may be for any specific service or combination of services across vendor categories. (4) Procedures whereby consumers, regional center representatives, the state council, and local service providers may jointly examine and make recommendations to the department for reduced reporting and recording requirements of regional centers. The recommendations shall be made available upon request. (5) Proposals to reduce reporting and recordkeeping requirements at a regional center. (6) Procedures whereby a regional center may lease a facility and contract for the provision of services in that facility for regional center clients. (7) Procedures that encourage innovative approaches to the sharing of administrative resources between regional centers and other public and private agencies serving persons with developmental disabilities. (8) Proposals for a regional center to purchase a facility for its own office space if it can be shown to be cost-effective. Funds from a regional center’s purchase of services budget shall not be used for this purchase. (b) Consultation pursuant to subdivision (a) shall occur during the development of the proposal prior to the public hearing conducted in accordance with Section 4669.75 and after the completion of the public hearing. (c) The regional center shall annually submit to the State Department of Developmental Services a report on the implementation of the service delivery options approved by the department under this section. The report shall review the effects of the proposal, if applicable, upon the regional center purchase of service budget and the state budget, the impact on other regional center services, and the impact on consumers served under the proposal. This report shall be completed within 90 days of the end of each fiscal year. (Amended by Stats. 2014, Ch. 409, Sec. 51. (AB 1595) Effective January 1, 2015.)
4669.75.
## 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 4. Regional Center Alternatives for Service Delivery [4669.2 - 4669.75] ( Article 4 added by Stats. 1993, Ch. 623, Sec. 2. )
Verify source ↗

Regional centers must hold a public hearing, give 10 business days’ notice, and include specified information before submitting a proposal; approved proposals can be implemented immediately, but they must stay within existing funding, be cost-effective, and meet freedom of choice requirements.

## 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 4. Regional Center Alternatives for Service Delivery [4669.2 - 4669.75] ( Article 4 added by Stats. 1993, Ch. 623, Sec. 2. ) ## 4669.75. (a) Any proposal approved by the department pursuant to this article may be implemented immediately upon approval. Prior to submitting a proposal to the department, the regional center shall conduct a public hearing to receive comments on the proposal. Notice of the public hearing shall be given at least 10 business days in advance of the hearing. The public hearing shall be conducted in accordance with this section. (b) Notice shall include a summary of the proposal, analysis of the effect of the proposal upon the regional center budget and the state budget, the impact on regional center services, and the impact on consumers served under the proposal, and a list of the statutes and regulations that will be waived under the proposal. No proposal approved under this article shall authorize a regional center to implement proposals that have not met all the requirements of this article. The department may not delegate its authority to review and approve proposals in accordance with this article. (c) Each written comment submitted prior to the close of the final public hearing, and a summary of verbal testimony received, shall be considered by the regional center, and a summary of the responses to all comments shall be submitted as part of the proposal to the department. These comments and responses shall be made available, along with the proposal, for public review. (d) A service delivery alternative shall be required to be implemented within the existing regional center funding allocation and shall be cost-effective to the state. No additional allocation shall be made to permit a regional center to implement a service delivery alternative. No proposal approved under this article shall authorize or give authority to a regional center to go forward with any other specific action or proposal that has not met all of the requirements of this article. The department may not delegate its authority to review and approve proposals in accordance with this article to a regional center or any other entity. (e) Proposals approved by the department shall meet freedom of choice requirements pursuant to the assurances required in the home- and community-based services waiver under Section 1396n of Title 42 of the United States Code. (Amended by Stats. 2001, Ch. 745, Sec. 235. Effective October 12, 2001.)
4670.
## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. General [4670- 4670.] ( Article 1 added by Stats. 1977, Ch. 1252. )
Verify source ↗

The Legislature states there is a shortage of programs and facilities for habilitation services for persons with developmental disabilities, and it establishes procedures to support development of a statewide network of good-quality programs.

## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. General [4670- 4670.] ( Article 1 added by Stats. 1977, Ch. 1252. ) ## 4670. The Legislature finds that there is a shortage of programs and facilities to provide a comprehensive network of habilitation services to persons with developmental disabilities throughout the state. In order to assure the development and necessary support for a comprehensive network of programs of good quality, in every area of the state, in an orderly and economic manner, the following procedures are established. (Added by Stats. 1977, Ch. 1252.)
4675.
## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Planning and Developing New and Expanded Programs and Facilities [4675 - 4679.1] ( Article 2 added by Stats. 1977, Ch. 1252. )
Verify source ↗

The state plan must be used as the main method for deciding which programs and facilities will be developed, expanded, terminated, or reduced, and it must state key planning details.

## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Planning and Developing New and Expanded Programs and Facilities [4675 - 4679.1] ( Article 2 added by Stats. 1977, Ch. 1252. ) ## 4675. On and after January 1, 1978, the state plan established in this division shall be the primary method used for determining, in an orderly way, the programs and facilities that shall be developed, expanded, terminated, or reduced. The state plan shall also state the objectives of such programs, amounts and sources of required funding, priorities for development, timing, agencies responsible for implementation, and procedures for evaluation. (Added by Stats. 1977, Ch. 1252.)
4676.
## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Planning and Developing New and Expanded Programs and Facilities [4675 - 4679.1] ( Article 2 added by Stats. 1977, Ch. 1252. )
Verify source ↗

Before state or federal funds are appropriated or allocated for new or major expansions of programs or facilities for persons with developmental disabilities, the state plan must be reviewed for consistency with approved priorities. If an agency proposes spending funds on an expansion that does not match those priorities, the state council must review and publicly comment on the proposal.

## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Planning and Developing New and Expanded Programs and Facilities [4675 - 4679.1] ( Article 2 added by Stats. 1977, Ch. 1252. ) ## 4676. Prior to making an appropriation or allocating any state or federal funds for new or major expansions of programs or facilities for persons with developmental disabilities, the state plan shall be reviewed to determine if the proposed expenditure is consistent with the priorities approved in the plan. If any expenditure of such funds for new or major expansions of programs or facilities is proposed by any agency that does not conform to the priorities approved in the state plan, the state council shall review and publicly comment on such proposed expenditure. (Added by Stats. 1977, Ch. 1252.)
4677.
## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Planning and Developing New and Expanded Programs and Facilities [4675 - 4679.1] ( Article 2 added by Stats. 1977, Ch. 1252. )
Verify source ↗

Regional centers must remit parental fees to the State Treasury for the Program Development Fund, and the State Council must run a recurring needs-assessment and reporting process.

## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Planning and Developing New and Expanded Programs and Facilities [4675 - 4679.1] ( Article 2 added by Stats. 1977, Ch. 1252. ) ## 4677. (a) (1) All parental fees collected by or for regional centers shall be remitted to the State Treasury to be deposited in the Developmental Disabilities Program Development Fund, which is hereby created in the State Treasury and hereinafter called the Program Development Fund. The purpose of the Program Development Fund shall be to provide resources needed to initiate new programs, and to expand or convert existing programs. Within the context of, and consistent with, approved priorities for program development in the state plan, program development funds shall promote integrated residential, work, instructional, social, civic, volunteer, and recreational services and supports that increase opportunities for self-determination and maximize independence of persons with developmental disabilities. Notwithstanding any other law or regulation, commencing July 1, 2009, parental fees remitted to the State Treasury shall be deposited in accordance with Section 4784. (2) An allocation from the Program Development Fund shall not be granted for more than 24 months. (b) (1) The State Council on Developmental Disabilities shall, at least once every five years, request from all regional centers information on the types and amounts of services and supports needed, but currently unavailable. (2) The state council shall work collaboratively with the department and the Association of Regional Center Agencies to develop standardized forms and protocols that shall be used by all regional centers and the state council in collecting and reporting this information. In addition to identifying services and supports that are needed, but currently unavailable, the forms and protocols shall also solicit input and suggestions on alternative and innovative service delivery models that would address consumer needs. (3) In addition to the information provided pursuant to paragraph (2), the state council may utilize information from other sources, including, but not limited to, public hearings, quality assurance assessments conducted pursuant to Section 4571, regional center reports on alternative service delivery submitted to the department pursuant to Section 4669.2, and the annual report on self-directed services produced pursuant to Section 4685.7. (4) The department shall provide additional information, as requested by the state council. (5) Based on the information provided by the regional centers and other agencies, the state council shall develop an assessment of the need for new, expanded, or converted community services and supports, and make that assessment available to the public. The assessment shall include a discussion of the type and amount of services and supports necessary but currently unavailable including the impact on consumers with common characteristics, including, but not limited to, disability, specified geographic regions, age, and ethnicity, who face distinct challenges. The assessment shall highlight alternative and innovative service delivery models identified through their assessment process. (6) This needs assessment shall be conducted at least once every five years and updated annually. The assessment shall be included in the state plan and shall be provided to the department and to the appropriate committees of the Legislature. The assessment and annual updates shall be made available to the public. The state council, in consultation with the department, shall make a recommendation to the Department of Finance as to the level of funding for program development to be included in the Governor’s Budget, based upon this needs assessment. (c) In addition to parental fees and General Fund appropriations, the Program Development Fund may be augmented by federal funds available to the state for program development purposes, when these funds are allotted to the Program Development Fund in the state plan. The Program Development Fund is available, upon appropriation by the Legislature, to the department, and subject to allocations that may be made in the annual Budget Act. These funds shall not revert to the General Fund. (d) Notwithstanding any other requirement of this section, and to the extent appropriated for this purpose in the annual Budget Act, the department may allocate funds from the Program Development Fund for the purpose of funding projects approved pursuant to Section 4679. (e) The deposit of federal moneys into the Program Development Fund shall not be construed as requiring the State Department of Developmental Services to comply with a definition of “developmental disabilities” and “services for persons with developmental disabilities” other than as specified in subdivisions (a) and (b) of Section 4512 for the purposes of determining eligibility for developmental services or for allocating parental fees and state general funds deposited in the Program Development Fund. (Amended by Stats. 2018, Ch. 92, Sec. 223. (SB 1289) Effective January 1, 2019.)
4678.
## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Planning and Developing New and Expanded Programs and Facilities [4675 - 4679.1] ( Article 2 added by Stats. 1977, Ch. 1252. )
Verify source ↗

The State Council on Developmental Disabilities must convene a stakeholder workgroup, and the workgroup must include specified stakeholders and develop recommendations on nonresidential 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Planning and Developing New and Expanded Programs and Facilities [4675 - 4679.1] ( Article 2 added by Stats. 1977, Ch. 1252. ) ## 4678. (a) The State Council on Developmental Disabilities, in implementing subdivision (b) of Section 4677, and with the support of the State Department of Developmental Services, shall convene a stakeholder workgroup on alternative and expanded options for nonresidential services and supports. The workgroup shall include persons with developmental disabilities, family members, providers, and other system stakeholders. The workgroup shall develop recommendations on how to best achieve all of the following: (1) The development and expansion of community-based models that provide an array of nonresidential options, including, but not limited to, participation in integrated instructive, social, civic, volunteer, and recreational activities. (2) The development and expansion of community-based work activities, including, but not limited to, customized employment development, integrated job training, and employer-provided job coaching. (3) The expansion of work opportunities in the public sector. (4) The increased utilization of existing models, including, but not limited to, self-directed services, vouchers, family teaching models, existing habilitation, and supported work vendors to facilitate access to nontraditional community-based nonresidential activities. (5) Strategies to promote and duplicate successful and innovative models developed in California and in other states. (6) The identification of, and strategies to address, statutory, regulatory, licensing, vendor-related, funding and other types of barriers to achieving the goals identified in this act, including strategies to improve individualization of services and supports by increased flexibility in design, staffing, and compensation. (b) By May 1, 2007, the State Council on Developmental Disabilities shall submit recommendations from the workgroup to the Governor and appropriate committees of the Legislature and may, thereafter, incorporate subsequent recommendations into its state plan developed pursuant to Section 4561. (Added by Stats. 2006, Ch. 397, Sec. 5. Effective January 1, 2007.)
4679.
## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Planning and Developing New and Expanded Programs and Facilities [4675 - 4679.1] ( Article 2 added by Stats. 1977, Ch. 1252. )
Verify source ↗

The department must issue funding guidelines and work with stakeholders; regional centers must consult stakeholders, post priorities, submit quarterly reports, and include justification and monitoring details in funding proposals.

## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Planning and Developing New and Expanded Programs and Facilities [4675 - 4679.1] ( Article 2 added by Stats. 1977, Ch. 1252. ) ## 4679. (a) In any year for which funding is available, as provided in paragraph (2) of subdivision (a) of Section 4418.25, to address the needs for services and supports of consumers living in the community, the department shall issue guidelines, including procedures and timelines, for the use of the available funds. These community resource development plan guidelines shall include requirements that community resource development plan funds be expended in accord with the principles of person-centered planning and that funded services be culturally and linguistically appropriate to the population served by the regional center. (b) By December 31 of each year, the department shall engage stakeholders statewide, including soliciting input from the existing Developmental Services Task Force, to inform the development of the guidelines. Priorities for funding shall include, but need not be limited to, safety net services and supports that reduce reliance on the secure treatment program at Porterville Developmental Center, institutions for mental disease, other restrictive settings in the community for which federal funding is not available, and out-of-state placement. (c) The guidelines shall require regional centers to conduct outreach activities and seek input from stakeholders representing the diversity of the regional center’s catchment area, including, but not limited to, consumers, family members, providers, and advocates, to determine local needs and priorities for the use of community resource development plan funds. Each regional center shall identify the stakeholders it consulted with and include information on how it incorporated the input of stakeholders into its community resource development plan funding requests. The regional center shall post its priorities for community resource development as informed by the stakeholder process on its Internet Web site at least two weeks prior to submitting its funding request to the department to allow for any final stakeholder input. (d) Proposals for the use of community resource development plan funds shall include justification for the funding requests, including quantitative data, and shall also include a description of how the regional center shall monitor resource development and assess outcomes. The department shall review, negotiate, and approve regional center community resource development plans for feasibility. (e) Each regional center’s approved proposals shall be posted on the regional center’s Internet Web site and the department shall post links to each regional center’s approved proposals on its Internet Web site. Regional centers shall submit quarterly reports to the department, as specified in the guidelines, on the use of community resource development plan funds and outcomes of resource development. The department shall update legislative staff on the community resource development plan activities pursuant to this section during regularly scheduled quarterly briefings, and shall annually report during the Senate and Assembly budget subcommittee hearing process on community resource development plan implementation. (Added by Stats. 2017, Ch. 18, Sec. 16. (AB 107) Effective June 27, 2017.)
4679.1.
## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Planning and Developing New and Expanded Programs and Facilities [4675 - 4679.1] ( Article 2 added by Stats. 1977, Ch. 1252. )
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The department must make two reports to legislative committees: one by September 1, 2017 about certain planning and housing-development topics, and another every year by April 1 about housing projects, beds, and related offsets.

## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Planning and Developing New and Expanded Programs and Facilities [4675 - 4679.1] ( Article 2 added by Stats. 1977, Ch. 1252. ) ## 4679.1. (a) By September 1, 2017, the department shall report to the Senate Committee on Human Services, the Assembly Committee on Human Services, and the appropriate legislative budget subcommittees on the following components of the community placement plan and community resource development plan as described in Sections 4418.25 and 4679: (1) Housing development and funding policies and guidelines. (2) How the department and regional centers assess community unmet needs and local priorities. (3) How the department monitors housing development. (b) Annually, by April 1, the department shall report to the Senate Committee on Human Services, the Assembly Committee on Human Services, and the appropriate legislative budget subcommittees on the following: (1) The type and number of housing projects approved, in progress, and occupied, and the total number of allowable beds, by regional center. (2) The total number of new beds by facility type, by regional center. (3) To the extent data is available, the degree to which housing development gains have been offset by program closures, by facility type, for each regional center. (Added by Stats. 2017, Ch. 18, Sec. 17. (AB 107) Effective June 27, 2017.)
4680.
## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 3. Rates of Payment for Community Living Facilities [4680 - 4684] ( Article 3 added by Stats. 1977, Ch. 1252. )
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The department must establish and maintain an equitable payment system for providers of community living services for 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 3. Rates of Payment for Community Living Facilities [4680 - 4684] ( Article 3 added by Stats. 1977, Ch. 1252. ) ## 4680. In order to assure the availability of a continuum of community living facilities of good quality for persons with developmental disabilities, and to ensure that persons placed out of home are in the most appropriate, least restrictive living arrangement, the department shall establish and maintain an equitable system of payment to providers of such services. The system of payment shall include provision for a rate to ensure that the provider can meet the special needs of persons with developmental disabilities and provide quality programs required by this article. (Amended by Stats. 1984, Ch. 800, Sec. 1. Effective August 29, 1984.)
4681.1.
## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 3. Rates of Payment for Community Living Facilities [4680 - 4684] ( Article 3 added by Stats. 1977, Ch. 1252. )
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The department must adopt regulations setting rates for community care facilities serving people with developmental disabilities, subject to an 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 3. Rates of Payment for Community Living Facilities [4680 - 4684] ( Article 3 added by Stats. 1977, Ch. 1252. ) ## 4681.1. (a) The department shall adopt regulations that specify rates for community care facilities serving persons with developmental disabilities. The implementation of the regulations shall be contingent upon an appropriation in the annual Budget Act for this purpose. These rates shall be calculated on the basis of a cost model designed by the department that ensures that aggregate facility payments support the provision of services to each person in accordance with his or her individual program plan and applicable program requirements. The cost model shall reflect cost elements that shall include, but are not limited to, all of the following: (1) “Basic living needs” include utilities, furnishings, food, supplies, incidental transportation, housekeeping, personal care items, and other items necessary to ensure a quality environment for persons with developmental disabilities. The amount identified for the basic living needs element of the rate shall be calculated as the average projected cost of these items in an economically and efficiently operated community care facility. (2) “Direct care” includes salaries, wages, benefits, and other expenses necessary to supervise or support the person’s functioning in the areas of self-care and daily living skills, physical coordination mobility, and behavioral self-control, choice making, and integration. The amount identified for direct care shall be calculated as the average projected cost of providing the level of service required to meet each person’s functional needs in an economically and efficiently operated community care facility. The direct care portion of the rate shall reflect specific service levels defined by the department on the basis of relative resident need and the individual program plan. (3) “Special services” include specialized training, treatment, supervision, or other services that a person’s individual program plan requires to be provided by the residential facility in addition to the direct care provided under paragraph (2). The amount identified for special services shall be calculated for each individual based on the additional services specified in the person’s individual program plan and the prevailing rates paid for similar services in the area. The special services portion of the rate shall reflect a negotiated agreement between the facility and the regional center in accordance with Section 4648. (4) “Indirect costs” include managerial personnel, facility operation, maintenance and repair, other nondirect care, employee benefits, contracts, training, travel, licenses, taxes, interest, insurance, depreciation, and general administrative expenses. The amount identified for indirect costs shall be calculated as the average projected cost for these expenses in an economically and efficiently operated community care facility. (5) “Property costs” include mortgages, leases, rent, taxes, capital or leasehold improvements, depreciation, and other expenses related to the physical structure. The amount identified for property costs shall be based on the fair rental value of a model facility that is adequately designed, constructed, and maintained to meet the needs of persons with developmental disabilities. The amount identified for property costs shall be calculated as the average projected fair rental value of an economically and efficiently operated community care facility. (b) The cost model shall take into account factors that include, but are not limited to, all of the following: (1) Facility size, as defined by the department on the basis of the number of facility beds licensed by the State Department of Social Services and vendorized by the regional center. (2) Specific geographic areas, as defined by the department on the basis of cost of living and other pertinent economic indicators. (3) Common levels of direct care, as defined by the department on the basis of services specific to an identifiable group of persons as determined through the individual program plan. (4) Positive outcomes, as defined by the department on the basis of increased integration, independence, and productivity at the aggregate facility and individual consumer level. (5) Owner-operated and staff-operated reimbursement, which shall not differ for facilities that are required to comply with the same program requirements. (c) The rates established for individual community care facilities serving persons with developmental disabilities shall reflect all of the model cost elements and rate development factors described in this section. The cost model design shall include a process for updating the cost model elements that address variables, including, but not limited to, all of the following: (1) Economic trends in California. (2) New state or federal program requirements. (3) Changes in the state or federal minimum wage. (4) Increases in fees, taxes, or other business costs. (5) Increases in federal supplemental security income/state supplementary program for the aged, blind, and disabled payments. (d) Rates established for persons with developmental disabilities who are also dually diagnosed with a mental health disorder may be fixed at a higher rate. The department shall work with the State Department of Health Care Services to establish criteria upon which higher rates may be fixed pursuant to this subdivision. The higher rate for persons with developmental disabilities who are also dually diagnosed with a mental health disorder may be paid when requested by the director of the regional center and approved by the Director of Developmental Services. (e) By January 1, 2001, the department shall prepare proposed regulations to implement the changes outlined in this section. The department may use a private firm to assist in the development of these changes and shall confer with consumers, providers, and other interested parties concerning the proposed regulations. By May 15, 2001, and each year thereafter, the department shall provide the Legislature with annual community care facility rates, including any draft amendments to the regulations as required. By July 1, 2001, and each year thereafter, contingent upon an appropriation in the annual Budget Act for this purpose, the department shall adopt emergency regulations that establish the annual rates for community care facilities serving persons with developmental disabilities for each fiscal year. (f) During the first year of operation under the revised rate model, individual facilities shall be held harmless for any reduction in aggregate facility payments caused solely by the change in reimbursement methodology. (Amended by Stats. 2014, Ch. 144, Sec. 83. (AB 1847) Effective January 1, 2015.)
4681.3.
## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 3. Rates of Payment for Community Living Facilities [4680 - 4684] ( Article 3 added by Stats. 1977, Ch. 1252. )
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The department must increase specified rate schedules for several fiscal years, generally as percentage increases tied to budget appropriations or cost-of-living adjustments.

## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 3. Rates of Payment for Community Living Facilities [4680 - 4684] ( Article 3 added by Stats. 1977, Ch. 1252. ) ## 4681.3. (a) Notwithstanding any other provision of this article, for the 1996–97 fiscal year, the rate schedule authorized by the department in operation June 30, 1996, shall be increased based upon the amount appropriated in the Budget Act of 1996 for that purpose. The increase shall be applied as a percentage, and the percentage shall be the same for all providers. (b) Notwithstanding any other provision of this article, for the 1997–98 fiscal year, the rate schedule authorized by the department in operation on June 30, 1997, shall be increased based upon the amount appropriated in the Budget Act of 1997 for that purpose. The increase shall be applied as a percentage, and the percentage shall be the same for all providers. (c) Notwithstanding any other provision of this article, for the 1998–99 fiscal year, the rate schedule authorized by the department in operation on June 30, 1998, shall be increased commencing July 1, 1998, based upon the amount appropriated in the Budget Act of 1998 for that purpose. The increase shall be applied as a percentage, and the percentage shall be the same for all providers. (d) Notwithstanding any other provision of this article, for the 1998–99 fiscal year, the rate schedule authorized by the department in operation on December 31, 1998, shall be increased January 1, 1999, based upon the cost-of-living adjustments in the Supplemental Security Income/State Supplementary Program for the Aged, Blind, and Disabled appropriated in the Budget Act of 1998 for that purpose. The increase shall be applied as a percentage and the percentage shall be the same for all providers. (e) Notwithstanding any other provision of this article, for the 1999–2000 fiscal year, the rate schedule authorized by the department in operation on June 30, 1999, shall be increased July 1, 1999, based upon the amount appropriated in the Budget Act of 1999 for that purpose. The increase shall be applied as a percentage and the percentage shall be the same for all providers. (f) In addition, commencing January 1, 2000, any funds available from cost-of-living adjustments in the Supplemental Security Income/State Supplementary Payment (SSI/SSP) for the 1999–2000 fiscal year shall be used to further increase the community care facility rate. The increase shall be applied as a percentage, and the percentage shall be the same for all providers. (g) Notwithstanding any other provision of law or regulation, for the 2006–07 fiscal year, the rate schedule in effect on June 30, 2006, shall be increased on July 1, 2006, by 3 percent, subject to funds specifically appropriated for this increase in the Budget Act of 2006. The increase shall be applied as a percentage and the percentage shall be the same for all providers. Any subsequent increase shall be governed by Sections 4681.5 and 4681.6. (Amended by Stats. 2008, 3rd Ex. Sess., Ch. 3, Sec. 5. Effective February 16, 2008.)
4681.4.
## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 3. Rates of Payment for Community Living Facilities [4680 - 4684] ( Article 3 added by Stats. 1977, Ch. 1252. )
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For two fiscal years, the section increases certain community facility rate schedules by percentages funded through budget appropriations, and ARM providers must report compliance information to regional centers while using the funds only for specified purposes.

## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 3. Rates of Payment for Community Living Facilities [4680 - 4684] ( Article 3 added by Stats. 1977, Ch. 1252. ) ## 4681.4. (a) Notwithstanding any other provision of this article, for the 1998–99 fiscal year, the rate schedule increased pursuant to subdivision (d) of Section 4681.3 shall be increased by an additional amount on January 1, 1999, based upon the amount appropriated in the Budget Act of 1998 for that purpose. The rate increase permitted by this section shall be applied as a percentage, and the percentage shall be the same for all providers. (b) Notwithstanding any other provision of this article, for the 1999–2000 fiscal year, the rate schedule authorized by the department in operation on December 31, 1999, shall be increased on January 1, 2000, based upon the amount appropriated in the Budget Act of 1999 for that purpose. The rate increase permitted by this section shall be applied as a percentage and the percentage shall be the same for all providers. (c) In order to help reduce direct care staff turnover and improve overall quality of care in Alternative Residential Model (ARM) facilities, funds appropriated by the Budget Act of 1998 and the Budget Act of 1999 to increase facility rates effective January 1, 1999, excluding any additional funds appropriated due to increases in benefits under Article 5 (commencing with Section 12200) of Chapter 3 of Part 3 of Division 9, and January 1, 2000, respectively, shall be used only for any of the following: (1) Increasing direct care staff salaries, wages, and benefits. (2) Providing coverage while direct care staff are in training classes or taking a training or competency test pursuant to Section 4681.5. (3) Other purposes approved by the director. (d) ARM providers shall report to regional centers, in a format and frequency determined by the department, information necessary for the department to determine, through the regional center, compliance with subdivision (c), including, but not limited to, direct care staff salaries, wages, benefits, and staff turnover. (e) The department shall adopt emergency regulations in order to implement this section, which shall include, but are not limited to, the following: (1) A process for enforcing the requirements of subdivisions (c) and (d). (2) Consequences to an ARM provider for failing to comply with the requirements of subdivisions (c) and (d), including a process for obtaining approval from the director for the expenditure of funds for other purposes, as permitted by paragraph (3) of subdivision (c). (3) A process for adjudicating provider appeals. (Added by Stats. 1998, Ch. 310, Sec. 39. Effective August 19, 1998.)
4681.5.
## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 3. Rates of Payment for Community Living Facilities [4680 - 4684] ( Article 3 added by Stats. 1977, Ch. 1252. )
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Regional centers generally may not approve higher-paid service levels for residential service providers, and the department must set a rate schedule for certain small residential community care facilities. Regional centers must also report facility counts by February 1, 2017.

## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 3. Rates of Payment for Community Living Facilities [4680 - 4684] ( Article 3 added by Stats. 1977, Ch. 1252. ) ## 4681.5. (a) Notwithstanding any other law or regulation, a regional center shall not approve a service level for a residential service provider, as defined in Section 56002 of Title 17 of the California Code of Regulations, if the approval would result in an increase in state costs or the rate to be paid to the provider that is greater than the rate that is in effect on June 30, 2008, or, for residential service providers subject to subdivision (b), unless the regional center demonstrates to the department that the approval is necessary to protect the consumer’s health or safety and the department has granted prior written authorization. (b) Notwithstanding subdivision (a) or any other law or regulation, the department shall, effective July 1, 2016, establish a rate schedule for residential community care facilities vendored to provide services to a maximum of four persons with developmental disabilities. (c) Community care facilities with rates established pursuant to subdivision (b) are subject to the regulatory requirements contained in Subchapter 4 (commencing with Section 56001) of Chapter 3 of Division 2 of Title 17 of the California Code of Regulations. (d) Rate changes made as a result of implementing the rate schedule established pursuant to subdivision (b) for community care facilities vendored to provide services to a maximum of four persons with developmental disabilities are not subject to the restrictions of subdivision (a) if the approved service level is not higher than the service level in effect at the time of the change. (e) No later than February 1, 2017, regional centers shall report to the department on the number of residential community care facilities with rates established pursuant to subdivision (b). The report shall include, but not be limited to, both of the following: (1) The number of facilities vendored since July 1, 2016, by service level and vendored capacity. (2) The number of facilities vendored prior to July 1, 2016, that have subsequently been approved for a new rate, by service level, vendored capacity, and prior vendored capacity, if applicable. (Amended by Stats. 2016, Ch. 26, Sec. 10. (AB 1606) Effective June 27, 2016.)
4681.6.
## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 3. Rates of Payment for Community Living Facilities [4680 - 4684] ( Article 3 added by Stats. 1977, Ch. 1252. )
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Regional centers are generally barred from paying or negotiating certain higher residential service rates, with limited exceptions and later adjustments for minimum wage and paid sick leave 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 3. Rates of Payment for Community Living Facilities [4680 - 4684] ( Article 3 added by Stats. 1977, Ch. 1252. ) ## 4681.6. (a) Notwithstanding any other law or regulation, commencing July 1, 2008: (1) A regional center shall not pay an existing residential service provider, for services where rates are determined through a negotiation between the regional center and the provider, a rate higher than the rate in effect on June 30, 2008, unless the increase is required by a contract between the regional center and the vendor that is in effect on June 30, 2008, or the regional center demonstrates that the approval is necessary to protect the consumer’s health or safety and the department has granted prior written authorization. (2) A regional center shall not negotiate a rate with a new residential service provider, for services where rates are determined through a negotiation between the regional center and the provider, that is higher than the regional center’s median rate for the same service code and unit of service, or the statewide median rate for the same service code and unit of service, whichever is lower. The unit of service designation shall conform with an existing regional center designation or, if none exists, a designation used to calculate the statewide median rate for the same service. The regional center shall annually certify to the department its median rate for each negotiated rate service code, by designated unit of service. This certification shall be subject to verification through the department’s biennial fiscal audit of the regional center. (b) Notwithstanding subdivision (a), commencing January 1, 2017, regional centers may negotiate a rate adjustment with residential service providers regarding rates that are otherwise restricted pursuant to subdivision (a), if the adjustment is necessary in order to pay employees no less than the minimum wage as established by Section 1182.12 of the Labor Code, as amended by Chapter 4 of the Statutes of 2016, and only for the purpose of adjusting payroll costs associated with the minimum wage increase. The rate adjustment shall be specific to the unit of service designation that is affected by the increased minimum wage, shall be specific to payroll costs associated with any increase necessary to adjust employee pay only to the extent necessary to bring pay into compliance with the increased state minimum wage, and shall not be used as a general wage enhancement for employees paid above the minimum wage. Regional centers shall maintain documentation on the process to determine, and the rationale for granting, any rate adjustment associated with the minimum wage increase. (c) Notwithstanding subdivision (a), commencing July 1, 2015, regional centers may negotiate a rate adjustment with residential service providers regarding rates that are otherwise restricted pursuant to subdivision (a), if the adjustment is necessary to implement Article 1.5 (commencing with Section 245) of Chapter 1 of Part 1 of Division 2 of the Labor Code, as added by Chapter 317 of the Statutes of 2014. The rate adjustment may be applied only if a minimum of 24 hours or three days of paid sick leave per year was not a benefit provided to employees as of June 30, 2015, and shall be specific to payroll costs associated with any increase necessary to compensate an employee up to a maximum of 24 hours or three days of paid sick leave in each year of employment. (d) For purposes of this section, “residential service provider” includes Adult Residential Facilities for Persons with Special Health Care Needs, as described in Section 4684.50. (e) This section shall not apply to those services for which rates are determined by the State Department of Health Care Services, or the State Department of Developmental Services, or are usual and customary. (Amended by Stats. 2016, Ch. 26, Sec. 11. (AB 1606) Effective June 27, 2016.)
4681.7.
## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 3. Rates of Payment for Community Living Facilities [4680 - 4684] ( Article 3 added by Stats. 1977, Ch. 1252. )
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A regional center may make a signed written agreement with a provider for lower-paid residential services, but it must protect residents, identify the revised services and rate, and adjust the consumer’s level and rate if needs increase.

## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 3. Rates of Payment for Community Living Facilities [4680 - 4684] ( Article 3 added by Stats. 1977, Ch. 1252. ) ## 4681.7. (a) Effective July 1, 2011, in order to maintain a consumer’s preferred living arrangement and adjust the residential services and supports in accordance with changing service needs identified in the individual program plan (IPP), a regional center may enter into a signed written agreement with a residential service provider for a consumer’s supervision, training, and support needs to be provided at a lower level of payment than the facility’s designated Alternative Residential Model (ARM) service level. The regional center signed written agreement with the provider shall ensure all of the following: (1) Services provided to other facility residents comply with the applicable service requirements for the facility’s approved service level pursuant to Section 4681.1 and Title 17 of the California Code of Regulations. (2) Protection of the health and safety of each facility resident. (3) Identification of the revised services and supports to be provided to the consumer within the ARM rate structure as part of the establishment or revision of an IPP. (4) Identification of the rate. (b) If the service needs of a consumer referred to in subdivision (a) change such that the consumer requires a higher level of supervision, training, and support, the regional center shall adjust the consumer’s service level and rate to meet the consumer’s changing needs. (c) A regional center is authorized to enter into a signed written agreement with a residential service provider for a consumer’s needed services at a lower level of payment and staffing without adjusting the facility’s approved service level. A signed written agreement for a lower level of payment and staffing may only be entered into when a regional center, a consumer, and the facility agree that the facility can safely provide the service and supports needed by the consumer, as identified in the IPP, at the lower level of payment. (d) Any negotiated lower level of payment pursuant to this section shall be consistent with the payment options within the ARM rate structure and with associated ARM service level requirements. (Added by Stats. 2011, Ch. 37, Sec. 14. (AB 104) Effective June 30, 2011.)
4682.
## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 3. Rates of Payment for Community Living Facilities [4680 - 4684] ( Article 3 added by Stats. 1977, Ch. 1252. )
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State payment rates for out-of-home care and related facilities cannot exceed specified averages.

## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 3. Rates of Payment for Community Living Facilities [4680 - 4684] ( Article 3 added by Stats. 1977, Ch. 1252. ) ## 4682. Under no circumstances shall the rate of state payment to any provider of out-of-home care exceed the average amount charged to private clients residing in the same facility, nor shall the monthly rate of state payment to any such facility, with the exception of a licensed acute care or emergency hospital, exceed the average monthly cost of services for all persons with developmental disabilities who reside in state hospitals. (Added by Stats. 1977, Ch. 1252.)
4683.
## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 3. Rates of Payment for Community Living Facilities [4680 - 4684] ( Article 3 added by Stats. 1977, Ch. 1252. )
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The Legislature states that payment rates for out-of-home care should be set to maximize use of federal and other funding sources available to persons with developmental disabilities before state funds are committed.

## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 3. Rates of Payment for Community Living Facilities [4680 - 4684] ( Article 3 added by Stats. 1977, Ch. 1252. ) ## 4683. It is the intent of the Legislature that rates of payment for out-of-home care shall be established in such ways as to assure the maximum utilization of all federal and other sources of funding, to which persons with developmental disabilities are legally entitled, prior to the commitment of state funds for such purposes. (Added by Stats. 1977, Ch. 1252.)
4684.
## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 3. Rates of Payment for Community Living Facilities [4680 - 4684] ( Article 3 added by Stats. 1977, Ch. 1252. )
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This section requires regional centers to buy or secure certain services for eligible children, accept referrals and help with placements, and lets eligible children receive in-home respite services in listed living arrangements.

## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 3. Rates of Payment for Community Living Facilities [4680 - 4684] ( Article 3 added by Stats. 1977, Ch. 1252. ) ## 4684. (a) Notwithstanding any other law, the cost of providing 24-hour out-of-home nonmedical care and supervision in community care facilities licensed or approved pursuant to Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code shall be funded by the Aid to Families with Dependent Children-Foster Care (AFDC-FC) program pursuant to Section 11464, for children who are both AFDC-FC recipients and regional center consumers. (b) The cost of providing adoption assistance benefits shall be funded by the Adoption Assistance Program (AAP) under Section 16121, for children who are both AAP recipients and regional center consumers. (c) (1) For regional center consumers who are recipients of AFDC-FC benefits, regional centers shall purchase or secure the services that are contained in the child’s Individualized Family Service Plan (IFSP) or Individual Program Plan (IPP) but that are not allowable under federal or state AFDC-FC provisions. (2) For regional center consumers who are recipients of AAP benefits, regional centers shall purchase or secure the services that are contained in the child’s IFSP or IPP. (3) For regional center consumers receiving services under paragraph (1) or (2), these services shall be separately purchased or secured by the regional center, pursuant to Sections 4646 to 4648, inclusive, Section 4685, and Sections 95018 and 95020 of the Government Code. (4) Regional centers shall accept referrals for evaluations of AFDC-FC-eligible children and children receiving AAP benefits for the purpose of determining eligibility for regional center services, pursuant to Section 4642. Regional centers shall assist county welfare and probation departments in identifying appropriate placement resources for children who are recipients of AFDC-FC and who are eligible for regional center services. (d) (1) For purposes of this section, children who are recipients of AFDC-FC and regional center services shall not be prohibited from receiving in-home respite services, as defined in subdivision (a) of Section 4690.2, if they are residing with any of the following: (A) A relative, as defined in paragraph (2) of subdivision (h) of Section 319, or, in the case of an Indian child, an extended family member, as defined in subdivision (c) of Section 224.1. (B) A nonrelative extended family member, as defined in Section 362.7. (C) A resource family, as defined in paragraph (1) of subdivision (c) of Section 16519.5. (D) A tribally approved home, as defined in subdivision (r) of Section 224.1. (E) A foster family home, as defined in paragraph (5) of subdivision (a) of Section 1502 of the Health and Safety Code, that is not vendored by the regional center as a residential facility. (F) A small family home, as defined in paragraph (6) of subdivision (a) of Section 1502 of the Health and Safety Code, that is not vendored by the regional center as a residential facility. Regional centers shall assess a small family home for service need, including verification of the small family home’s staffing level, through the individual program plan (IPP) process pursuant to Sections 4646 and 4648 or the individualized family service plan (IFSP) process pursuant to Sections 95018 and 95020 of the Government Code, as applicable, prior to approving in-home respite services for children residing in a licensed small family home. (2) AFDC-FC and AAP benefits shall be for care and supervision, as defined in subdivision (b) of Section 11460, and the regional centers shall separately purchase or secure other services contained in the child’s IFSP or IPP pursuant to Section 4646 to 4648, inclusive, Section 4685, and Sections 95018 and 95020 of the Government Code. Notwithstanding any other law or regulation, the receipt of AFDC-FC or AAP benefits shall not be cause to deny any other services that a child or family for which the child or family is otherwise eligible pursuant to this division. (e) This section shall apply to all recipients of AFDC-FC and AAP benefits, including those with rates established prior to the effective date of the act that adds this subdivision, pursuant to Sections 11464 and 16121. (f) For purposes of this section, the terms “child” and “children” include a nonminor dependent, as defined in subdivision (v) of Section 11400. The Legislature finds and declares that this subdivision is declarative of, and clarifies, existing law. (g) Regulations adopted by the department pursuant to this section shall be adopted as emergency regulations in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, and for the purposes of that chapter, including Section 11349.6 of the Government Code, the adoption of these regulations is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health, safety, and general welfare. (Amended by Stats. 2024, Ch. 909, Sec. 1. (SB 1197) Effective January 1, 2025.)
4684.50.
## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 3.5. Adult Residential Facilities for Persons with Special Health Care Needs and Group Homes for Children with Special Health Care Needs [4684.50 - 4684.77] ( Heading of Article 3.5 amended by Stats. 2021, Ch. 76, Sec. 33. )
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This section defines several terms for adult residential facilities and group homes serving people with special health care needs, and it requires the care-planning team to include specific people.

## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 3.5. Adult Residential Facilities for Persons with Special Health Care Needs and Group Homes for Children with Special Health Care Needs [4684.50 - 4684.77] ( Heading of Article 3.5 amended by Stats. 2021, Ch. 76, Sec. 33. ) ## 4684.50. (a) (1) “Adult Residential Facility for Persons with Special Health Care Needs (ARFPSHN)” means any adult residential facility that provides 24-hour health care and intensive support services in a homelike setting that is licensed to serve up to five adults with developmental disabilities as defined in Section 4512. (2) “Group Home for Children with Special Health Care Needs (GHCSHN)” means a group home, as described in paragraph (22) of subdivision (a) of Section 1502 of the Health and Safety Code and licensed pursuant to Article 9 (commencing with Section 1567.50) of the Health and Safety Code, that provides 24-hour health care and intensive support services in a homelike setting that is licensed to serve up to five children or nonminor dependents with developmental disabilities as defined in Section 4512. (3) For purposes of this article, an ARFPSHN or a GHCSHN may only be established in a facility approved pursuant to Section 4688.5 or through an approved regional center community placement plan pursuant to Section 4418.25. (b) “Consultant” means a person professionally qualified by training and experience to give expert advice, information, training, or to provide health-related assessments and interventions specified in a consumer’s individual health care plan. (c) “Direct care personnel” means all personnel who directly provide program or nursing services to consumers. Administrative and licensed personnel shall be considered direct care personnel when directly providing program or nursing services to clients. Consultants shall not be considered direct care personnel. (d) “Individual health care plan” means the plan that identifies and documents the health care and intensive support service needs of a consumer. (e) “Individual health care plan team” means those individuals who develop, monitor, and revise the individual health care plan for consumers residing in an ARFPSHN or a GHCSHN. (1) For an ARFPSHN or a GHCSHN, the team shall, at a minimum, be composed of all of the following individuals: (A) Regional center service coordinator and other regional center representative, as necessary. (B) Consumer, and, if appropriate, the consumer’s parents, legal guardian or conservator, or authorized representative. (C) Consumer’s primary care physician, or other physician as designated by the regional center. (D) ARFPSHN or GHCSHN administrator. (E) ARFPSHN or GHCSHN registered nurse. (F) Others deemed necessary for developing a comprehensive and effective plan. (2) For a GHCSHN, in addition to the individuals listed in paragraph (1), the team shall, at a minimum, include all of the individuals required for an individualized health care team as described in subdivision (d) of Section 17710. (f) “Intensive support needs” means the consumer requires physical assistance in performing four or more of the following activities of daily living: (1) Eating. (2) Dressing. (3) Bathing. (4) Transferring. (5) Toileting. (6) Continence. (g) “Special health care needs” for an ARFPSHN means the consumer has health conditions that are predictable and stable, as determined by the individual health care plan team, and for which the individual requires nursing supports for any of the following types of care: (1) Nutrition support, including total parenteral feeding and gastrostomy feeding, and hydration. (2) Cardiorespiratory monitoring. (3) Oxygen support, including continuous positive airway pressure and bilevel positive airway pressure, and use of other inhalation-assistive devices. (4) Nursing interventions for tracheostomy care and suctioning. (5) Nursing interventions for colostomy, ileostomy, or other medical or surgical procedures. (6) Special medication regimes including injection and intravenous medications. (7) Management of insulin-dependent diabetes. (8) Bowel care management, including enemas or suppositories. (9) Indwelling urinary catheter/catheter procedure. (10) Treatment for antimicrobial resistant infections. (11) Treatment for wounds or pressure injuries. (12) Postoperative care and rehabilitation. (13) Pain management and palliative care. (14) Renal dialysis. (h) “Special health care needs” for a GHCSHN means a predictable and stable condition, as determined by the individual health care plan team, as described in paragraph (2) of subdivision (e), that can rapidly deteriorate, resulting in permanent injury or death, or that requires specialized in-home health care, as described in subdivisions (a) and (g) of Section 17710. (Amended by Stats. 2021, Ch. 76, Sec. 34. (AB 136) Effective July 16, 2021.)
4684.53.
## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 3.5. Adult Residential Facilities for Persons with Special Health Care Needs and Group Homes for Children with Special Health Care Needs [4684.50 - 4684.77] ( Heading of Article 3.5 amended by Stats. 2021, Ch. 76, Sec. 33. )
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The section requires state departments to run licensing programs for certain adult and child care facilities and sets licensing, fire safety, backup power, inspection, and occupancy rules for those facilities.

## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 3.5. Adult Residential Facilities for Persons with Special Health Care Needs and Group Homes for Children with Special Health Care Needs [4684.50 - 4684.77] ( Heading of Article 3.5 amended by Stats. 2021, Ch. 76, Sec. 33. ) ## 4684.53. (a) The State Department of Developmental Services and the State Department of Social Services shall jointly implement a licensing program to provide special health care and intensive support services to adults, and a licensing program to provide special health care and intensive support services to children, in homelike community settings. (b) The programs shall be implemented through approved community placement plans, as follows: (1) For an adult who is identified by a regional center as an adult who could benefit from placement in an ARFPSHN. (2) For a child who is identified by a regional center as a child who could benefit from placement in a GHCSHN. (c) (1) Each ARFPSHN shall possess a community care facility license issued pursuant to Article 9 (commencing with Section 1567.50) of Chapter 3 of Division 2 of the Health and Safety Code. Until the Department of Social Services creates a stand-alone chapter for ARFPSHNs, each ARFPSHN shall be subject to the requirements of Chapter 1 (commencing with Section 80000) of Division 6 of Title 22 of the California Code of Regulations, except for Article 8 (commencing with Section 80090). (2) Each GHCSHN shall possess a community care facility license issued pursuant to Article 9 (commencing with Section 1567.50) of Chapter 3 of Division 2 of the Health and Safety Code, and shall be subject to the requirements of Chapter 1 (commencing with Section 80000) and Chapter 5 (commencing with Section 84000) of Division 6 of Title 22 of the California Code of Regulations, except that Article 8 (commencing with Section 80090) of Chapter 1 of Division 6 of Title 22 of the California Code of Regulations shall not apply. (d) For purposes of this article, a health facility licensed pursuant to subdivision (e) or (h) of Section 1250 of the Health and Safety Code may place its licensed bed capacity in voluntary suspension for the purpose of licensing the facility to operate an ARFPSHN or a GHCSHN if the facility is selected to participate pursuant to Section 4684.58. Consistent with subdivision (a) of Section 4684.50, any facility licensed pursuant to this section shall serve up to five adults or up to five children. A facility’s bed capacity shall not be placed in voluntary suspension until all consumers residing in the facility under the license to be suspended have been relocated. A consumer shall not be relocated unless it is reflected in the consumer’s individual program plan developed pursuant to Sections 4646 and 4646.5. (e) Each ARFPSHN and each GHCSHN are subject to the requirements of Subchapters 5 to 9, inclusive, of Chapter 1 of, and Subchapters 2 and 4 of Chapter 3 of, Division 2 of Title 17 of the California Code of Regulations. (f) Each ARFPSHN and each GHCSHN shall ensure that an operable automatic fire sprinkler system is installed and maintained. (g) Each ARFPSHN and each GHCSHN shall have an operable automatic fire sprinkler system that is approved by the State Fire Marshal and that meets the National Fire Protection Association (NFPA) 13D standard for the installation of sprinkler systems in single- and two-family dwellings and manufactured homes. A local jurisdiction shall not require a sprinkler system exceeding this standard by amending the standard or by applying standards other than NFPA 13D. A public water agency shall not interpret this section as changing the status of a facility from a residence entitled to residential water rates, nor shall a new meter or larger connection pipe be required of the facility. (h) Each ARFPSHN and each GHCSHN shall provide an alternative power source to operate all functions of the facility for a minimum of six hours in the event the primary power source is interrupted. The alternative power source shall comply with the manufacturer’s recommendations for installation and operation. The alternative power source shall be maintained in safe operating condition, and shall be tested every 14 days, or as per the manufacturer’s recommended schedule, under the full load condition for a minimum of 10 minutes. Written records of inspection, performance, exercising period, and repair of the alternative power source shall be regularly maintained on the premises and available for inspection by the State Department of Developmental Services. (Amended by Stats. 2021, Ch. 76, Sec. 35. (AB 136) Effective July 16, 2021.)
4684.55.
## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 3.5. Adult Residential Facilities for Persons with Special Health Care Needs and Group Homes for Children with Special Health Care Needs [4684.50 - 4684.77] ( Heading of Article 3.5 amended by Stats. 2021, Ch. 76, Sec. 33. )
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This section limits how regional centers pay ARFPSHN and GHCSHN facilities, allows higher rates only with health-and-safety justification plus prior written authorization, and sets rules for full, continued, or prorated payment when a consumer is temporarily absent.

## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 3.5. Adult Residential Facilities for Persons with Special Health Care Needs and Group Homes for Children with Special Health Care Needs [4684.50 - 4684.77] ( Heading of Article 3.5 amended by Stats. 2021, Ch. 76, Sec. 33. ) ## 4684.55. (a) A regional center may not pay a rate to an ARFPSHN or a GHCSHN for a consumer that exceeds the rate in the State Department of Developmental Services’ approved community placement plan for that facility unless the regional center demonstrates that a higher rate is necessary to protect a consumer’s health and safety, and the department has granted prior written authorization. (b) The payment rate for ARFPSHN or GHCSHN services shall be negotiated between the regional center and the ARFPSHN or GHCSHN. (c) The established rate for a full month of service shall be made by the regional center if a consumer is temporarily absent from the ARFPSHN or from the GHCSHN for 14 days or less per month. If the consumer’s temporary absence is due to the need for inpatient care in a health facility, as defined in subdivision (a), (b), or (c) of Section 1250 of the Health and Safety Code, the regional center shall continue to pay the established rate as long as no other consumer occupies the vacancy created by the consumer’s temporary absence, or until the individual health care plan team has determined that the consumer will not return to the facility. In all other cases, the established rate shall be prorated for a partial month of service by dividing the established rate by 30.44 then by multiplying the quotient by the number of days the consumer resided in the facility. (Amended by Stats. 2021, Ch. 76, Sec. 36. (AB 136) Effective July 16, 2021.)
4684.58.
## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 3.5. Adult Residential Facilities for Persons with Special Health Care Needs and Group Homes for Children with Special Health Care Needs [4684.50 - 4684.77] ( Heading of Article 3.5 amended by Stats. 2021, Ch. 76, Sec. 33. )
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A regional center may recommend an applicant for participation only if the applicant meets listed requirements, and the state department must decide on the recommendation within 30 days.

## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 3.5. Adult Residential Facilities for Persons with Special Health Care Needs and Group Homes for Children with Special Health Care Needs [4684.50 - 4684.77] ( Heading of Article 3.5 amended by Stats. 2021, Ch. 76, Sec. 33. ) ## 4684.58. (a) The regional center may recommend for participation, to the State Department of Developmental Services, an applicant to provide services as part of an approved community placement plan if the applicant meets all of the following requirements: (1) The applicant employs or contracts with a program administrator who has a successful record of administering residential services for at least two years, as evidenced by substantial compliance with the applicable state licensing requirements. (2) The applicant prepares and submits, to the regional center, a complete facility program plan that includes, but is not limited to, all of the following: (A) The total number of the consumers to be served. (B) A profile of the consumer population to be served, including their health care and intensive support needs. (C) A description of the program components, including a description of the health care and intensive support services to be provided. (D) A week’s program schedule, including proposed consumer day and community integration activities. (E) A week’s proposed program staffing pattern, including licensed, unlicensed, and support personnel and the number and distribution of hours for such personnel. (F) An organizational chart, including identification of lead and supervisory personnel. (G) The consultants to be utilized, including their professional disciplines and hours to be worked per week or month, as appropriate. (H) The plan for accessing and retaining consultant and health care services, including assessments, in the areas of physical therapy, occupational therapy, respiratory therapy, speech pathology, audiology, pharmacy, dietary/nutrition, dental, and other areas required for meeting the needs identified in consumers’ individual health care plans. (I) A description, including the size, layout, location, and condition of the proposed home. (J) A description of the equipment and supplies available, or to be obtained, for programming and care. (K) The type, location, and response time of emergency medical service personnel. (L) The in-service training program plan for at least the next 12 months, that shall include the plan for ensuring that the direct care personnel understands their roles and responsibilities related to implementing individual health care plans, prior to, or within, the first seven days of providing direct care in the home and for ensuring the administrator understands the unique roles, responsibilities, and expectations for administrators of community-based facilities. (M) The plan for ensuring that outside services are coordinated, integrated, and consistent with those provided by the ARFPSHN or the GHCSHN. (N) Written certification that an alternative power system required by subdivision (h) of Section 4684.53 meets the manufacturer’s recommendations for installation and operation. (3) Submits a proposed budget itemizing direct and indirect costs, total costs, and the rate for services. (4) The applicant submits written certification that they have the ability to comply with all of the requirements of Section 1520 of the Health and Safety Code. (b) The regional center shall provide all documentation specified in paragraphs (2) to (4), inclusive, of subdivision (a) and a letter recommending program certification to the State Department of Developmental Services. (c) The State Department of Developmental Services shall either approve or deny the recommendation and transmit its written decision to the regional center and to the State Department of Social Services within 30 days of its decision. The decision of the State Department of Developmental Services not to approve an application for program certification shall be the final administrative decision. (d) Any change in the ARFPSHN or the GHCSHN operation that alters the contents of the approved program plan shall be reported to the State Department of Developmental Services and the contracting regional center, and approved by both agencies, prior to implementation. (Amended by Stats. 2021, Ch. 76, Sec. 37. (AB 136) Effective July 16, 2021.)
4684.60.
## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 3.5. Adult Residential Facilities for Persons with Special Health Care Needs and Group Homes for Children with Special Health Care Needs [4684.50 - 4684.77] ( Heading of Article 3.5 amended by Stats. 2021, Ch. 76, Sec. 33. )
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Before placing a consumer, the vendoring regional center must make sure the facility is licensed and has a contract, and the contract must require the contractor to keep specified liability insurance.

## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 3.5. Adult Residential Facilities for Persons with Special Health Care Needs and Group Homes for Children with Special Health Care Needs [4684.50 - 4684.77] ( Heading of Article 3.5 amended by Stats. 2021, Ch. 76, Sec. 33. ) ## 4684.60. The vendoring regional center shall, before placing a consumer into an ARFPSHN or a GHCSHN, ensure that the ARFPSHN or the GHCSHN has a license issued by the State Department of Social Services for not more than five adults, in the case of an ARFPSHN, or not more than five children, in the case of a GHCSHN, and a contract with the regional center that includes, at a minimum, all of the following: (a) The names of the regional center and the licensee. (b) A requirement that the contractor shall comply with all applicable statutes and regulations, including Section 4681.1. (c) The effective date and termination date of the contract. (d) The definition of terms. (e) A requirement that the execution of any amendment or modification to the contract be in accordance with all applicable federal and state statutes and regulations and be by mutual agreement of both parties. (f) A requirement that the licensee and the agents and employees of the licensee, in the performance of the contract, shall act in an independent capacity, and not as officers or employees or agents of the regional center. (g) A requirement that the assignment of the contract for consumer services shall not be allowed. (h) The rate of payment per consumer. (i) Incorporation, by reference, of the ARFPSHN’s or the GHCSHN’s approved program plan. (j) A requirement that the contractor verify, and maintain for the duration of the project, possession of commercial general liability insurance in the amount of at least one million dollars ($1,000,000) per occurrence. (k) Contractor performance criteria. (Amended by Stats. 2021, Ch. 76, Sec. 38. (AB 136) Effective July 16, 2021.)
4684.63.
## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 3.5. Adult Residential Facilities for Persons with Special Health Care Needs and Group Homes for Children with Special Health Care Needs [4684.50 - 4684.77] ( Heading of Article 3.5 amended by Stats. 2021, Ch. 76, Sec. 33. )
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ARFPSHNs and GHCSHNs must meet staffing, medical oversight, administrator qualification, and direct-care training requirements.

## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 3.5. Adult Residential Facilities for Persons with Special Health Care Needs and Group Homes for Children with Special Health Care Needs [4684.50 - 4684.77] ( Heading of Article 3.5 amended by Stats. 2021, Ch. 76, Sec. 33. ) ## 4684.63. (a) Each ARFPSHN and each GHCSHN shall do all of the following: (1) Meet the minimum requirements for a Residential Facility Service Level 4-i pursuant to Sections 56004 and 56013 of Title 17 of the California Code of Regulations, and ensure that all of the following conditions are met: (A) That a licensed registered nurse, licensed vocational nurse, or licensed psychiatric technician, is awake and on duty 24-hours per day, seven days per week. (B) That a licensed registered nurse is awake and on duty at least eight hours per person, per week. (C) That at least two staff on the premises are awake and on duty if providing care to four or more consumers. (2) Ensure the consumer remains under the care of a physician at all times and is examined by the primary care physician at least once every 60 days, or more often if required by the consumer’s individual health care plan. (3) Ensure that an administrator is on duty at least 20 hours per week to ensure the effective operation of the ARFPSHN or the GHCSHN. (4) For an ARFPSHN, ensure that the administrator completes the 35-hour administrator certification training program pursuant to paragraph (1) of subdivision (c) of Section 1562.3 of the Health and Safety Code without exception, has at least one year of administrative and supervisory experience in a licensed residential program for persons with developmental disabilities, and is one or more of the following: (A) A licensed registered nurse. (B) A licensed nursing home administrator. (C) A licensed psychiatric technician with at least five years of experience serving individuals with developmental disabilities. (D) An individual with a bachelors degree or more advanced degree in the health or human services field and two years of experience working in a licensed residential program for persons with developmental disabilities and special health care needs. (5) For a GHCSHN, ensure that the administrator completes the 40-hour administrator certification training program pursuant to paragraph (1) of subdivision (c) of Section 1522.41 of the Health and Safety Code without exception, has at least one year of administrative and supervisory experience in a licensed residential program for persons with developmental disabilities, and is one or more of the following: (A) A licensed registered nurse. (B) A licensed nursing home administrator. (C) A licensed psychiatric technician with at least five years of experience serving individuals with developmental disabilities. (D) An individual with a bachelors degree or more advanced degree in the health or human services field and two years of experience working in a licensed residential program for persons with developmental disabilities and special health care needs. (b) The regional center shall require an ARFPSHN or a GHCSHN to provide additional professional, administrative, or supportive personnel whenever the regional center determines, in consultation with the individual health care plan team, that additional personnel are needed to provide for the health and safety of consumers. (c) Each ARFPSHN and each GHCSHN shall ensure that all direct care personnel complete the training requirements specified in Section 4695.2. (Amended by Stats. 2021, Ch. 76, Sec. 39. (AB 136) Effective July 16, 2021.)
4684.65.
## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 3.5. Adult Residential Facilities for Persons with Special Health Care Needs and Group Homes for Children with Special Health Care Needs [4684.50 - 4684.77] ( Heading of Article 3.5 amended by Stats. 2021, Ch. 76, Sec. 33. )
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This section limits when regional centers may place consumers in certain facilities and sets admission rules for those facilities.

## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 3.5. Adult Residential Facilities for Persons with Special Health Care Needs and Group Homes for Children with Special Health Care Needs [4684.50 - 4684.77] ( Heading of Article 3.5 amended by Stats. 2021, Ch. 76, Sec. 33. ) ## 4684.65. (a) A regional center shall not place, or fund the placement for, any consumer in an ARFPSHN or a GHCSHN unless the following requirements are met: (1) The individual health care plan team has prepared a written individual health care plan that can be fully and immediately implemented upon the consumer’s placement. (2) For placements in a GHCSHN, the regional center considers and documents every possible way to assist the child’s family or guardian to maintain the child in the home of the family or guardian, or return the child to the home of the family or guardian, when living at home is the preferred objective in the child’s individual program plan. (b) (1) An ARFPSHN and GHCSHN shall only accept, for initial admission, consumers who meet both of the following requirements: (A) Reside in a developmental center at the time of the proposed placement. (B) Have an individual program plan that specifies special health care and intensive support needs that indicate the appropriateness of placement in an ARFPSHN or a GHCSHN. (2) Except as provided in paragraph (3), if a vacancy in an ARFPSHN or a GHCSHN occurs due to the permanent relocation or death of a resident, the vacancy may be filled by a consumer who meets the requirements of paragraph (1). (3) If there is no resident residing in a developmental center from any regional center who meets the requirements of subparagraph (B) of paragraph (1), a vacancy may be filled by a consumer of any regional center who does not reside in a developmental center if the consumer otherwise meets the requirements of subparagraph (B) of paragraph (1), the regional center demonstrates that the placement is necessary to protect the consumer’s health or safety, and the department has granted prior written authorization. (c) The ARFPSHN or the GHCSHN shall not admit a consumer if the individual health care plan team determines that the consumer is likely to exhibit behaviors posing a threat of substantial harm to others, or has a serious health condition that is unpredictable or unstable. A determination that the individual is a threat to others may only be based on objective evidence or recent behavior and a determination that the threat cannot be mitigated by reasonable interventions. (Amended by Stats. 2021, Ch. 76, Sec. 40. (AB 136) Effective July 16, 2021.)
4684.68.
## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 3.5. Adult Residential Facilities for Persons with Special Health Care Needs and Group Homes for Children with Special Health Care Needs [4684.50 - 4684.77] ( Heading of Article 3.5 amended by Stats. 2021, Ch. 76, Sec. 33. )
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The individual health care plan must include specified health and care details, and ARFPSHN and GHCSHN facilities must follow medication-handling 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 3.5. Adult Residential Facilities for Persons with Special Health Care Needs and Group Homes for Children with Special Health Care Needs [4684.50 - 4684.77] ( Heading of Article 3.5 amended by Stats. 2021, Ch. 76, Sec. 33. ) ## 4684.68. (a) The individual health care plan shall include, at a minimum, all of the following: (1) An evaluation of the consumer’s current health. (2) A description of the consumer’s ability to perform the activities of daily living. (3) A list of all current prescription and nonprescription medications the consumer is using. (4) A list of all health care and intensive support services the consumer is currently receiving or may need upon placement in the ARFPSHN or the GHCSHN. (5) A written statement from the consumer’s primary care physician familiar with the health care needs of the consumer, or other physician as designated by the regional center, that the consumer’s medical condition is predictable and stable, and that the consumer’s level of care is appropriate for the ARFPSHN or the GHCSHN. (6) Provision for the consumer to be examined by the consumer’s primary care physician at least once every 60 days, or more frequently if indicated. (7) A list of the appropriate professionals assigned to provide the health care as described in the plan. (8) A description of, and plan for providing, any training required for all direct care personnel to meet individuals’ needs. (9) The name of the individual health care plan team member, and an alternate designee, who is responsible for day-to-day monitoring of the consumer’s health care plan and ensuring its implementation as written. (10) Identification of the legally authorized representative to make health care decisions on the consumer’s behalf, if the consumer lacks the capacity to give informed consent. (11) The name and telephone number of the person or persons to notify in case of an emergency. (12) The next meeting date of the individual health care plan team, that shall be at least every six months, to evaluate and update the individual health care plan. (b) In addition to Section 80075 of Title 22 of the California Code of Regulations, and if applicable for a GHCSHN, Sections 84075 and 84275 of Title 22 of the California Code of Regulations, the ARFPSHN and the GHCSHN shall comply with all of the following requirements: (1) Medications shall be given only on the order of a person lawfully authorized to prescribe. (2) Medications shall be administered as prescribed and shall be recorded in the consumer record. The name and title of the person administering the medication or treatment, and the date, time, and dosage of the medication administered shall be recorded. Initials may be used provided the signature of the person administering the medication or treatment is recorded on the medication or treatment record. (3) Preparation of dosages for more than one scheduled administration time shall not be permitted. (4) Persons administering medications shall confirm each consumer’s identity prior to the administration. (5) Medications shall be administered within two hours after dosages are prepared and shall be administered by the same person who prepared the dosages. Dosages shall be administered within one hour of the prescribed time unless otherwise indicated by the prescriber. (6) All medications shall be administered only by those persons specifically authorized to do so by their respective scope of practice, with the exception of emergency medical assistance and injections for severe diabetic hypoglycemia and anaphylactic shock as described in subdivision (a) of Section 1507.25 of the Health and Safety Code. (7) No medication shall be administered to or used by any consumer other than the consumer for whom the medication was prescribed. (8) Medication errors and adverse drug reactions shall be recorded and reported immediately to the practitioner who ordered the drug or another practitioner responsible for the medical care of the consumer. Minor adverse reactions that are identified in the literature accompanying the product as a usual or common side effect, need not be reported to the practitioner immediately, but in all cases shall be recorded in the consumer’s record. Medication errors include, but are not limited to, the failure to administer a drug ordered by a prescriber within one hour of the time prescribed, administration of any drugs other than prescribed or the administration of a dose not prescribed. (Amended by Stats. 2021, Ch. 76, Sec. 41. (AB 136) Effective July 16, 2021.)
4684.70.
## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 3.5. Adult Residential Facilities for Persons with Special Health Care Needs and Group Homes for Children with Special Health Care Needs [4684.50 - 4684.77] ( Heading of Article 3.5 amended by Stats. 2021, Ch. 76, Sec. 33. )
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This section limits one department’s role in evaluating care, and assigns regional centers and the developmental services department specific monitoring and visit 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 3.5. Adult Residential Facilities for Persons with Special Health Care Needs and Group Homes for Children with Special Health Care Needs [4684.50 - 4684.77] ( Heading of Article 3.5 amended by Stats. 2021, Ch. 76, Sec. 33. ) ## 4684.70. (a) The State Department of Social Services, in administering the licensing program, shall not have any responsibility for evaluating consumers’ level of care or health care provided by an ARFPSHN or a GHCSHN. Any suspected deficiencies in a consumer’s level of care or health care identified by the State Department of Social Services’ personnel shall be reported immediately to the appropriate regional center and the State Department of Developmental Services for investigation. (b) The regional center shall have responsibility for monitoring and evaluating the implementation of the consumer’s individual plan objectives, including, but not limited to, the health care and intensive support service needs identified in the consumer’s individual health care plan and the consumer’s integration and participation in community life. (c) For each consumer placed in an ARFPSHN or a GHCSHN, the regional center shall assign a service coordinator pursuant to subdivision (b) of Section 4647. (d) A regional center licensed registered nurse shall visit, with or without prior notice, the consumer, in person, at least monthly in the ARFPSHN or the GHCSHN, or more frequently if specified in the consumer’s individual health care plan. At least four of these visits, annually, shall be unannounced. (e) The State Department of Developmental Services shall monitor and ensure the regional centers’ compliance with the requirements of this article. The monitoring shall include onsite visits to all the ARFPSHNs and the GHCSHNs at least every six months. (Amended by Stats. 2021, Ch. 76, Sec. 42. (AB 136) Effective July 16, 2021.)
4684.73.
## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 3.5. Adult Residential Facilities for Persons with Special Health Care Needs and Group Homes for Children with Special Health Care Needs [4684.50 - 4684.77] ( Heading of Article 3.5 amended by Stats. 2021, Ch. 76, Sec. 33. )
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Regional centers may terminate certain facility contracts for noncompliance or safety concerns; the affected facility may appeal quickly, and if services end, records and related materials must be transferred when a replacement license is issued.

## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 3.5. Adult Residential Facilities for Persons with Special Health Care Needs and Group Homes for Children with Special Health Care Needs [4684.50 - 4684.77] ( Heading of Article 3.5 amended by Stats. 2021, Ch. 76, Sec. 33. ) ## 4684.73. (a) In addition to any other contract termination provisions, a regional center may terminate its contract with an ARFPSHN or a GHCSHN if the regional center determines that the ARFPSHN or the GHCSHN is unable to maintain substantial compliance with state laws, regulations, or its contract with the regional center, or the ARFPSHN or the GHCSHN demonstrates an inability to ensure the health and safety of the consumers. (b) The ARFPSHN or the GHCSHN may appeal a regional center’s decision to terminate its contract by sending, to the executive director of the contracting regional center, a detailed statement containing the reasons and facts demonstrating why the termination is inappropriate. The appeal must be received by the regional center within 10 working days from the date of the letter terminating the contract. The executive director shall respond with their decision within 10 working days of the date of receipt of the appeal from the ARFPSHN or the GHCSHN. The executive director shall submit their decision to the State Department of Developmental Services on the same date that it is signed. The decision of the executive director shall be the final administrative decision. (c) The Director of Developmental Services may rescind an ARFPSHN’s or a GHCSHN’s program certification if, in their sole discretion, an ARFPSHN or a GHCSHN does not maintain substantial compliance with an applicable statute, regulation, or ordinance, or cannot ensure the health and safety of the consumers. The decision of the Director of Developmental Services shall be the final administrative decision. The Director of Developmental Services shall transmit their decision rescinding an ARFPSHN’s or a GHCSHN’s program certification to the State Department of Social Services and the regional center with their recommendation as to whether to revoke the ARFPSHN’s or the GHCSHN’s license. (d) In addition to complying with Section 1524.1 of the Health and Safety Code, an ARFPSHN or GHCSHN licensee that is unable to continue to provide services to consumers in the facility shall, upon the date on which a new ARFPSHN license is issued pursuant to Sections 1520 and 1525 of the Health and Safety Code, or a new GHCSHN license is issued pursuant to Sections 1520, 1520.1, and 1525 of the Health and Safety Code, arrange with the regional center or department the transfer of all information, property, and documents related to the operation of the facility and the provision of services to the consumers. The department or the regional center shall take all steps permitted by this article to ensure that at all times the consumers who are residing in the facility receive services set forth in their individual health care plans. (Amended by Stats. 2021, Ch. 76, Sec. 43. (AB 136) Effective July 16, 2021.)
4684.74.
## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 3.5. Adult Residential Facilities for Persons with Special Health Care Needs and Group Homes for Children with Special Health Care Needs [4684.50 - 4684.77] ( Heading of Article 3.5 amended by Stats. 2021, Ch. 76, Sec. 33. )
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The State Department of Developmental Services may approve ARFPSHNs or GHCSHNs only when they are directly tied to identifying the need of regional center consumers who live in, or are at risk of being placed in, larger congregate settings.

## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 3.5. Adult Residential Facilities for Persons with Special Health Care Needs and Group Homes for Children with Special Health Care Needs [4684.50 - 4684.77] ( Heading of Article 3.5 amended by Stats. 2021, Ch. 76, Sec. 33. ) ## 4684.74. The State Department of Developmental Services shall only approve the development of ARFPSHNs or GHCSHNs that are directly associated with the identification of the need of regional center consumers residing in or at risk of placement in larger congregate settings. (Amended by Stats. 2021, Ch. 76, Sec. 44. (AB 136) Effective July 16, 2021.)
4684.75.
## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 3.5. Adult Residential Facilities for Persons with Special Health Care Needs and Group Homes for Children with Special Health Care Needs [4684.50 - 4684.77] ( Heading of Article 3.5 amended by Stats. 2021, Ch. 76, Sec. 33. )
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The State Department of Developmental Services may adopt emergency regulations to carry out this article, but the article applies only if funds are appropriated in the annual Budget Act.

## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 3.5. Adult Residential Facilities for Persons with Special Health Care Needs and Group Homes for Children with Special Health Care Needs [4684.50 - 4684.77] ( Heading of Article 3.5 amended by Stats. 2021, Ch. 76, Sec. 33. ) ## 4684.75. (a) The State Department of Developmental Services may adopt emergency regulations to implement this article. 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 11349.6 of the Government Code, and the State Department of Developmental Services is hereby exempted from the requirement that it describe specific facts showing the need for immediate action. A certificate of compliance for these implementing regulations shall be filed within 24 months following the adoption of the first emergency regulations filed pursuant to this section. (b) This article shall only be implemented to the extent that funds are made available through an appropriation in the annual Budget Act. (Amended by Stats. 2010, Ch. 717, Sec. 135. (SB 853) Effective October 19, 2010.)
4684.76.
## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 3.5. Adult Residential Facilities for Persons with Special Health Care Needs and Group Homes for Children with Special Health Care Needs [4684.50 - 4684.77] ( Heading of Article 3.5 amended by Stats. 2021, Ch. 76, Sec. 33. )
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This section sets conditions for placing certain dependent children or nonminor dependents in a GHCSHN, requires the care team to include specific people, and requires the child welfare agency to keep working on permanent placement and review whether a less restrictive setting is possible.

## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 3.5. Adult Residential Facilities for Persons with Special Health Care Needs and Group Homes for Children with Special Health Care Needs [4684.50 - 4684.77] ( Heading of Article 3.5 amended by Stats. 2021, Ch. 76, Sec. 33. ) ## 4684.76. For a child or nonminor dependent who has been adjudged a dependent of the court pursuant to Section 300, a child who has not been adjudged a dependent of the court pursuant to Section 300 but who is in the custody of the county welfare department, or a child who has been adjudged a ward of the court pursuant to Section 601 or 602 and placed in the care and custody of the county probation department, who is or will be placed in a GHCSHN, the following shall apply: (a) The child or nonminor dependent shall have a predictable and stable condition, as determined by the individualized health care plan team, that can rapidly deteriorate, resulting in permanent injury or death, or that is dependent upon one or more of the following: (1) Nutrition support, including enteral feeding tube or total parenteral feeding. (2) Cardiorespiratory monitoring. (3) Oxygen support. (4) A ventilator. (5) Nursing interventions for tracheostomy care and suctioning. (6) Nursing interventions for colostomy, ileostomy, or other medical or surgical procedures. (7) Special medication regimes including injection and intravenous medications. (8) Urinary catheterization. (9) Renal dialysis. (b) The child or nonminor dependent has been assessed pursuant to Section 4096 and it is determined that the GHCSHN will provide the most effective and appropriate level of care for the child or nonminor dependent in the least restrictive environment and be consistent with the short- and long-term goals for the child or nonminor dependent. (c) In addition to the individuals identified in paragraph (2) of subdivision (e) of Section 4684.50, the individual health care plan team shall, at a minimum, include: (1) Any person who holds the right to make developmental services decisions for the child, including any person designated by the court pursuant to paragraph (4) of subdivision (j) of Section 319 or paragraph (5) of subdivision (a) of Section 361. (2) The child welfare caseworker. (3) A representative of the child or nonminor dependent’s tribe or Indian custodian, as applicable. (d) The child welfare agency shall continue to be responsible to make all efforts required by law to complete any steps necessary to finalize the permanent placement of the child or nonminor dependent, including, but not limited to, the provision of specialized permanency services as defined in paragraph (9) of subdivision (a) of Section 16501. (e) The child welfare agency shall review whether the child can be transitioned to a less restrictive environment pursuant to paragraph (9) of subdivision (e) of Section 361.2. (Added by Stats. 2021, Ch. 76, Sec. 45. (AB 136) Effective July 16, 2021.)
4684.77.
## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 3.5. Adult Residential Facilities for Persons with Special Health Care Needs and Group Homes for Children with Special Health Care Needs [4684.50 - 4684.77] ( Heading of Article 3.5 amended by Stats. 2021, Ch. 76, Sec. 33. )
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The regional center must try to place a child who needs a GHCSHN near the legal guardian’s home, and if that is not possible, must document its efforts and next steps in the individual program 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 3.5. Adult Residential Facilities for Persons with Special Health Care Needs and Group Homes for Children with Special Health Care Needs [4684.50 - 4684.77] ( Heading of Article 3.5 amended by Stats. 2021, Ch. 76, Sec. 33. ) ## 4684.77. (a) If a child requires a living arrangement in a GHCSHN, the regional center shall make every effort to secure placement, consistent with the individual program plan, in a GHCSHN that is reasonably close proximity to the home of the legal guardian. (b) (1) If a GHCSHN in reasonably close proximity to the home of the family or guardian cannot be secured by the regional center, the regional center shall include with the individual program plan a written statement of its efforts to locate, develop, or adapt appropriate services and supports in a living arrangement within close proximity to the family home and what steps will be taken by the regional center to develop the services and supports necessary to return the child to the family home or within close proximity of the family home. (2) The statement required pursuant to paragraph (1) shall be updated every six months, or as agreed to by the parents or guardians, and a copy shall be forwarded to the parents or guardians of the minor and to the director of the department. (c) This section shall not be construed to impede the movement of consumers to other geographic areas or the preference of the legal guardian for the placement of their minor child. (Added by Stats. 2021, Ch. 76, Sec. 46. (AB 136) Effective July 16, 2021.)
4684.80.
## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 3.6. Enhanced Behavioral Supports Homes [4684.80 - 4684.86] ( Article 3.6 added by Stats. 2014, Ch. 30, Sec. 18. )
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An enhanced behavioral supports home must keep to a maximum of four consumers, meet the cited federal regulation, and use a team with specified 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 3.6. Enhanced Behavioral Supports Homes [4684.80 - 4684.86] ( Article 3.6 added by Stats. 2014, Ch. 30, Sec. 18. ) ## 4684.80. (a) “Enhanced behavioral supports home” means a facility certified by the State Department of Developmental Services and licensed by the State Department of Social Services pursuant to Section 1567.62 of the Health and Safety Code as an adult residential facility or a group home that provides 24-hour nonmedical care to individuals with developmental disabilities who require enhanced behavioral supports, staffing, and supervision in a homelike setting. An enhanced behavioral supports home shall have a maximum capacity of four consumers, and shall conform to Section 441.530(a)(1) of Title 42 of the Code of Federal Regulations. The enhanced behavioral support home shall be eligible for federal Medicaid home- and community-based services funding, unless the State Department of Developmental Services approves the use of delayed egress devices with secured perimeters to be utilized at the enhanced behavioral supports home pursuant to Section 1531.15 of the Health and Safety Code. (b) “Enhanced behavioral services and supports” means additional staffing supervision, facility characteristics, or other services and supports to address a consumer’s challenging behaviors, which are beyond what is typically available in other community facilities licensed as an adult residential facility or a group home to serve individuals in a community setting rather than an institution. (c) “Individual behavior supports plan” means the plan that identifies and documents the behavior and intensive support and service needs of a consumer and details the strategies to be employed and services to be provided to address those needs, and includes the entity responsible for providing those services and timelines for when each identified individual behavior support will commence. (d) “Individual behavior supports team” means those individuals who develop, monitor, and revise the individual behavior supports plan for consumers residing in an enhanced behavioral supports home. The team shall, at a minimum, be composed of all of the following individuals: (1) Regional center service coordinator and other regional center representatives, as necessary. (2) Consumer and, where appropriate, his or her conservator or authorized representative. (3) Service provider’s board-certified behavior analyst or qualified behavior modification professional. (4) Enhanced behavioral supports home administrator. (5) Regional center clients’ rights advocate, unless the consumer objects on his or her own behalf to participation by the clients’ rights advocate. (6) Others deemed necessary by the consumer, or his or her conservator or authorized representative, for developing a comprehensive and effective individual behavior supports plan. (Amended by Stats. 2017, Ch. 18, Sec. 18. (AB 107) Effective June 27, 2017.)
4684.81.
## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 3.6. Enhanced Behavioral Supports Homes [4684.80 - 4684.86] ( Article 3.6 added by Stats. 2014, Ch. 30, Sec. 18. )
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This section sets rules for enhanced behavioral supports homes, including who may be placed there, licensing and certification requirements, funding and rate-setting, monitoring, and when the state may decertify or revoke a home’s license.

## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 3.6. Enhanced Behavioral Supports Homes [4684.80 - 4684.86] ( Article 3.6 added by Stats. 2014, Ch. 30, Sec. 18. ) ## 4684.81. (a) The department shall use community placement plan funds, as appropriated in the State Department of Developmental Services’ annual budget, to develop enhanced behavioral supports in homelike community settings. The enhanced behavioral supports homes shall be for purposes of providing intensive behavioral services and supports to adults and children with developmental disabilities who need intensive services and supports due to challenging behaviors that cannot be managed in a community setting without the availability of enhanced behavioral services and supports, and who are at risk of institutionalization or out-of-state placement, or are transitioning to the community from a developmental center, other state-operated residential facility, institution for mental disease, or out-of-state placement. (b) An enhanced behavioral supports home may only be established in an adult residential facility or a group home approved through a regional center community placement plan pursuant to Section 4418.25. (c) Enhanced behavioral supports homes may be approved by the State Department of Developmental Services each fiscal year to the extent funding is available for this purpose, each for no more than four individuals with developmental disabilities. The homes shall be located throughout the state, as determined by the State Department of Developmental Services, based on regional center requests. (d) Each enhanced behavioral supports home shall be licensed as an adult residential facility or a group home pursuant to the California Community Care Facilities Act (Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code) and certified by the State Department of Developmental Services, shall exceed the minimum requirements for a Residential Facility Service Level 4-i pursuant to Sections 56004 and 56013 of Subchapter 4 of Chapter 3 of Division 2 of Title 17 of the California Code of Regulations, and shall meet all applicable statutory and regulatory requirements applicable to a facility licensed as an adult residential facility or a group home for facility licensing, seclusion, and restraint, including Division 1.5 (commencing with Section 1180) of the Health and Safety Code, and the use of behavior modification interventions, subject to any additional requirements applicable to enhanced behavioral supports homes established by statute or by regulation promulgated pursuant to this article and Article 9.5 (commencing with Section 1567.61) of Chapter 3 of Division 2 of the Health and Safety Code. (e) A regional center shall not place a consumer in an enhanced behavioral supports home unless the program is certified by the State Department of Developmental Services and the facility is licensed by the State Department of Social Services. (f) The State Department of Developmental Services shall be responsible for granting the certificate of program approval for an enhanced behavioral supports home. (g) The State Department of Developmental Services may, pursuant to Section 4684.85, decertify any enhanced behavioral supports home that does not comply with program requirements. Upon decertification of an enhanced behavioral supports home, the State Department of Developmental Services shall report the decertification to the State Department of Social Services. The State Department of Social Services shall revoke the license of the enhanced behavioral supports home that has been decertified pursuant to Section 1550 of the Health and Safety Code. (h) If the State Department of Developmental Services determines that urgent action is necessary to protect a consumer residing in an enhanced behavioral supports home from physical or mental abuse, abandonment, or any other substantial threat to the consumer’s health and safety, the State Department of Developmental Services may request that the regional center or centers remove the consumer from the enhanced behavioral supports home or direct the regional center or centers to obtain alternative or additional services for the consumers within 24 hours of that determination. When possible, an individual program plan (IPP) meeting shall be convened to determine the appropriate action pursuant to this section. In any case, an IPP meeting shall be convened within 30 days following an action pursuant to this section. (i) Enhanced behavioral supports homes shall have a facility program plan approved by the State Department of Developmental Services. (1) No later than December 1, 2017, the department shall develop guidelines regarding the use of restraint or containment in enhanced behavioral supports homes, which shall be maintained in the facility program plan and plan of operation. In the development of these guidelines, the department shall consult with both of following: (A) The appropriate professionals regarding the use of restraint or containment in enhanced behavioral supports homes. (B) The protection and advocacy agency described in subdivision (i) of Section 4900 regarding appropriate safeguards for the protection of clients’ rights. (2) The requirements of paragraph (1) shall not apply to enhanced behavioral supports homes that are certified and licensed prior to January 1, 2018, or prior to the adoption of the guidelines required in paragraph (1), whichever is sooner. However, these homes shall meet the requirements of paragraph (1) no later than 30 days following adoption of the guidelines. (3) An enhanced behavioral supports home shall include in its facility program plan a description of how it will ensure physical restraint or containment will not be used as an extended procedure in accordance with this section, subdivision (h) of Section 1180.4 of the Health and Safety Code, and any other applicable law or regulation. (4) The facility program plan approved by the State Department of Developmental Services shall be submitted to the State Department of Social Services for inclusion in the facility plan of operation. (5) The vendoring regional center and each consumer’s regional center shall have joint responsibility for monitoring and evaluating the services provided in the enhanced behavioral supports home. Monitoring shall include at least quarterly, or more frequently if specified in the consumer’s individual program plan, face-to-face, onsite case management visits with each consumer by the consumer’s regional center and at least quarterly quality assurance visits by the vendoring regional center. The State Department of Developmental Services shall monitor and ensure the regional centers’ compliance with their monitoring responsibilities. (j) The State Department of Developmental Services shall establish by regulation a rate methodology for enhanced behavioral supports homes that includes a fixed facility component for residential services and an individualized services and supports component based on each consumer’s needs as determined through the individual program plan process, which may include assistance with transitioning to a less restrictive community residential setting. (k) (1) The established facility rate for a full month of service, as defined in regulations adopted pursuant to this article, shall be paid based on the licensed capacity of the facility once the facility reaches maximum capacity, despite the temporary absence of one or more consumers from the facility or subsequent temporary vacancies created by consumers moving from the facility. Prior to the facility reaching licensed capacity, the facility rate shall be prorated based on the number of consumers residing in the facility. When a consumer is temporarily absent from the facility, including when a consumer is in need for inpatient care in a health facility, as defined in subdivision (a), (b), or (c) of Section 1250 of the Health and Safety Code, the regional center may, based on consumer need, continue to fund individual services, in addition to paying the facility rate. Individual consumer services funded by the regional center during a consumer’s absence from the facility shall be approved by the regional center director and shall only be approved in 14-day increments. The regional center shall maintain documentation of the need for these services and the regional center director’s approval. (2) An enhanced behavioral supports home using delayed egress devices, in compliance with Section 1531.1 of the Health and Safety Code, may utilize secured perimeters, in compliance with Section 1531.15 of the Health and Safety Code and applicable regulations. No more than 11 enhanced behavioral supports homes that use delayed egress devices in combination with a secured perimeter shall be certified. Enhanced behavioral supports homes shall be counted for purposes of the statewide limit established in regulations on the total number of beds permitted in homes with delayed egress devices in combination with secured perimeters pursuant to subdivision (k) of Section 1531.15 of the Health and Safety Code. (Amended by Stats. 2020, Ch. 11, Sec. 26. (AB 79) Effective June 29, 2020.)
4684.82.
## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 3.6. Enhanced Behavioral Supports Homes [4684.80 - 4684.86] ( Article 3.6 added by Stats. 2014, Ch. 30, Sec. 18. )
Verify source ↗

Before placing a consumer in an enhanced behavioral supports home, the vendoring regional center must make sure the home is properly licensed, certified, and contracted.

## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 3.6. Enhanced Behavioral Supports Homes [4684.80 - 4684.86] ( Article 3.6 added by Stats. 2014, Ch. 30, Sec. 18. ) ## 4684.82. The vendoring regional center shall, before placing any consumer into an enhanced behavioral supports home, ensure that the home has a license issued by the State Department of Social Services for not more than four individuals with developmental disabilities, is certified by the State Department of Developmental Services, and has a contract with the regional center that meets the contracting requirements established by the State Department of Developmental Services through regulations promulgated pursuant to this article. (Amended by Stats. 2020, Ch. 11, Sec. 27. (AB 79) Effective June 29, 2020.)
4684.83.
## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 3.6. Enhanced Behavioral Supports Homes [4684.80 - 4684.86] ( Article 3.6 added by Stats. 2014, Ch. 30, Sec. 18. )
Verify source ↗

The provider must coordinate development and updating of each consumer’s individual behavior supports plan, and the initial plan must be developed within one week of admission.

## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 3.6. Enhanced Behavioral Supports Homes [4684.80 - 4684.86] ( Article 3.6 added by Stats. 2014, Ch. 30, Sec. 18. ) ## 4684.83. The enhanced behavioral supports home provider shall be responsible for coordinating the development and updating of each consumer’s individual behavior supports plan with the consumer’s individual behavior supports team. The initial individual behavior supports plan shall be developed within one week of the consumer’s admission to the enhanced behavioral supports home. (Added by Stats. 2014, Ch. 30, Sec. 18. (SB 856) Effective June 20, 2014.)
4684.84.
## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 3.6. Enhanced Behavioral Supports Homes [4684.80 - 4684.86] ( Article 3.6 added by Stats. 2014, Ch. 30, Sec. 18. )
Verify source ↗

This section requires regional centers and the state department to monitor, visit, review, and report on enhanced behavioral supports homes and related behavior support plans.

## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 3.6. Enhanced Behavioral Supports Homes [4684.80 - 4684.86] ( Article 3.6 added by Stats. 2014, Ch. 30, Sec. 18. ) ## 4684.84. (a) The regional center shall have responsibility for monitoring and evaluating the implementation of the consumer’s individual behavior supports plan objectives. (b) A regional center qualified behavior modification professional shall visit, with or without notice, the consumer, in person, at least monthly in the enhanced behavioral supports home, or more frequently if specified in the consumer’s individual behavior supports plan. At least four of these visits, annually, shall be unannounced. (c) The State Department of Developmental Services shall monitor and ensure the regional centers’ compliance with the requirements of this article. The monitoring shall include onsite visits to all the enhanced behavioral supports homes at least every six months for the duration of the pilot project. (d) The State Department of Developmental Services shall conduct a review of the pilot project in consultation with stakeholders. The review shall be completed and the results of the review shall be shared in writing with the State Department of Social Services no later than September 1, 2018. (Added by Stats. 2014, Ch. 30, Sec. 18. (SB 856) Effective June 20, 2014.)
4684.85.
## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 3.6. Enhanced Behavioral Supports Homes [4684.80 - 4684.86] ( Article 3.6 added by Stats. 2014, Ch. 30, Sec. 18. )
Verify source ↗

A regional center may terminate an enhanced behavioral supports home contract under specified compliance and safety conditions, and the home may appeal within 10 working days.

## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 3.6. Enhanced Behavioral Supports Homes [4684.80 - 4684.86] ( Article 3.6 added by Stats. 2014, Ch. 30, Sec. 18. ) ## 4684.85. (a) In addition to any other contract termination provisions, a regional center may terminate its contract with an enhanced behavioral supports home when the regional center determines that the home is unable to maintain substantial compliance with state laws, regulations, or its contract with the regional center, or the home demonstrates an inability to ensure the health and safety of the consumers. (b) The enhanced behavioral supports home may appeal a regional center’s decision to terminate its contract by sending to the executive director of the contracting regional center a detailed statement containing the reasons and facts demonstrating why the termination is inappropriate. The appeal shall be received by the regional center within 10 working days from the date of the letter terminating the contract. The executive director shall respond with his or her decision within 10 working days of the date of receipt of the appeal from the enhanced behavioral supports home. The executive director shall submit his or her decision to the State Department of Developmental Services and the State Department of Social Services on the same date that it is signed. The decision of the executive director shall be the final administrative decision. (c) The Director of Developmental Services may rescind an enhanced behavioral supports home program certification when, in his or her sole discretion, an enhanced behavioral supports home does not maintain substantial compliance with an applicable statute, regulation, or ordinance, or cannot ensure the health and safety of the consumers. The decision of the Director of Developmental Services shall be the final administrative decision. The Director of Developmental Services shall transmit his or her decision whether to rescind an enhanced behavioral supports home program certification to the State Department of Social Services and the regional center with his or her recommendation as to whether to revoke the enhanced behavioral supports home’s residential care facility license, for which the State Department of Social Services shall revoke the license of the enhanced behavioral supports home pursuant to Section 1550 of the Health and Safety Code. (d) The State Department of Developmental Services and regional centers shall, for purposes of assisting in licensing, provide the State Department of Social Services with all available documentation and evidentiary support that was submitted to the State Department of Developmental Services in connection with certification by an applicant for licensure under this article. (Added by Stats. 2014, Ch. 30, Sec. 18. (SB 856) Effective June 20, 2014.)
4684.86.
## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 3.6. Enhanced Behavioral Supports Homes [4684.80 - 4684.86] ( Article 3.6 added by Stats. 2014, Ch. 30, Sec. 18. )
Verify source ↗

The department must develop the regulations for enhanced behavioral supports homes with stakeholder consultation, and some emergency-regulation timelines and exemptions apply.

## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 3.6. Enhanced Behavioral Supports Homes [4684.80 - 4684.86] ( Article 3.6 added by Stats. 2014, Ch. 30, Sec. 18. ) ## 4684.86. (a) A certification for an enhanced behavioral supports home shall not be issued before emergency regulations filed by the State Department of Developmental Services pursuant to this article have been published. These regulations shall be developed in consultation with stakeholders, including the State Department of Social Services, consumer advocates, and regional centers. The regulations shall address at least the following: (1) Program standards, including program design requirements, staffing structure, staff qualifications, and training. Training requirements shall include: (A) A minimum of 16 hours of emergency intervention training, which shall include the techniques the licensee will use to prevent injury and maintain safety regarding consumers who are a danger to self or others and shall emphasize positive behavioral supports and techniques that are alternatives to physical restraints. (B) Additional training for direct care staff to address the specialized needs of the consumers, including training in emergency interventions. (2) Requirements and timelines for the development and updating of consumers’ individual behavior supports plans. (3) Admission and continued stay requirements. (4) Requirements for ensuring that appropriate services and supports are provided at the time of admission to meet the consumer’s immediate needs pending development of the consumer’s individual behavior supports plan. (5) The rate methodology. (6) Consumer rights and protections. (b) The adoption, initial amendment, repeal, or readoption of a regulation authorized by this section is deemed to be an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the department is hereby exempted from the requirement that it describe specific facts showing the need for immediate action. These regulations shall be developed in consultation with system stakeholders. A certificate of compliance for these implementing regulations shall be filed within 24 months following the adoption of the first emergency regulations filed pursuant to this section. The emergency regulations may be readopted and remain in effect until approval of the certificate of compliance. (Added by Stats. 2014, Ch. 30, Sec. 18. (SB 856) Effective June 20, 2014.)
4685.
## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 4. Services and Supports for Persons Living in the Community [4685 - 4689.8] ( Heading of Article 4 amended by Stats. 1992, Ch. 1011, Sec. 20. )
Verify source ↗

Regional centers must prioritize and help provide services that let children with developmental disabilities live at home with their families when that is the child’s plan goal.

## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 4. Services and Supports for Persons Living in the Community [4685 - 4689.8] ( Heading of Article 4 amended by Stats. 1992, Ch. 1011, Sec. 20. ) ## 4685. (a) Consistent with state and federal law, the Legislature finds and declares that children with developmental disabilities most often have greater opportunities for educational and social growth when they live with their families. The Legislature further finds and declares that the cost of providing necessary services and supports which enable a child with developmental disabilities to live at home is typically equal to or lower than the cost of providing out-of-home placement. The Legislature places a high priority on providing opportunities for children with developmental disabilities to live with their families, when living at home is the preferred objective in the child’s individual program plan. (b) It is the intent of the Legislature that regional centers provide or secure family support services that do all of the following: (1) Respect and support the decisionmaking authority of the family. (2) Be flexible and creative in meeting the unique and individual needs of families as they evolve over time. (3) Recognize and build on family strengths, natural supports, and existing community resources. (4) Be designed to meet the cultural preferences, values, and lifestyles of families. (5) Focus on the entire family and promote the inclusion of children with disabilities in all aspects of school and community. (c) In order to provide opportunities for children to live with their families, the following procedures shall be adopted: (1) The department and regional centers shall give a very high priority to the development and expansion of services and supports designed to assist families that are caring for their children at home, when that is the preferred objective in the individual program plan. This assistance may include, but is not limited to specialized medical and dental care, special training for parents, infant stimulation programs, respite for parents, homemaker services, camping, day care, short-term out-of-home care, child care, counseling, mental health services, behavior modification programs, special adaptive equipment such as wheelchairs, hospital beds, communication devices, and other necessary appliances and supplies, and advocacy to assist persons in securing income maintenance, educational services, and other benefits to which they are entitled. (2) When children with developmental disabilities live with their families, the individual program plan shall include a family plan component which describes those services and supports necessary to successfully maintain the child at home. Regional centers shall consider every possible way to assist families in maintaining their children at home, when living at home will be in the best interest of the child, before considering out-of-home placement alternatives. When the regional center first becomes aware that a family may consider an out-of-home placement, or is in need of additional specialized services to assist in caring for the child in the home, the regional center shall meet with the family to discuss the situation and the family’s current needs, solicit from the family what supports would be necessary to maintain the child in the home, and utilize creative and innovative ways of meeting the family’s needs and providing adequate supports to keep the family together, if possible. (3) (A) To ensure that these services and supports are provided in the most cost-effective and beneficial manner, regional centers may utilize innovative service-delivery mechanisms, including, but not limited to, vouchers; alternative respite options such as foster families, vacant community facility beds, crisis child care facilities; group training for parents on behavioral intervention techniques in lieu of some or all of the in-home parent training component of the behavioral intervention services; purchase of neighborhood preschool services and needed qualified personnel in lieu of infant development programs; and alternative child care options such as supplemental support to generic child care facilities and parent child care cooperatives. (B) Effective July 1, 2009, at the time of development, review, or modification of a child’s individualized family service plan or individual program plan, the regional center shall consider both of the following: (i) The use of group training for parents on behavioral intervention techniques in lieu of some or all of the in-home parent training component of the behavioral intervention services. (ii) The purchase of neighborhood preschool services and needed qualified personnel in lieu of infant development programs. (4) If the parent of any child receiving services and supports from a regional center believes that the regional center is not offering adequate assistance to enable the family to keep the child at home, the parent may initiate a request for fair hearing as established in this division. A family shall not be required to start a placement process or to commit to placing a child in order to receive requested services. (5) Nothing in this section shall be construed to encourage the continued residency of adult children in the home of their parents when that residency is not in the best interests of the person. (6) When purchasing or providing a voucher for day care services for parents who are caring for children at home, the regional center may pay only the cost of the day care service that exceeds the cost of providing day care services to a child without disabilities. The regional center may pay in excess of this amount when a family can demonstrate a financial need and when doing so will enable the child to remain in the family home. (7) A regional center may purchase or provide a voucher for diapers for children three years of age or older. A regional center may purchase or provide vouchers for diapers under three years of age when a family can demonstrate a financial need and when doing so will enable the child to remain in the family home. (Amended by Stats. 2009, 4th Ex. Sess., Ch. 9, Sec. 17. Effective July 28, 2009.)
4685.1.
## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 4. Services and Supports for Persons Living in the Community [4685 - 4689.8] ( Heading of Article 4 amended by Stats. 1992, Ch. 1011, Sec. 20. )
Verify source ↗

A regional center must try to place a minor child in a living arrangement near the family home when out-of-home placement is 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 4. Services and Supports for Persons Living in the Community [4685 - 4689.8] ( Heading of Article 4 amended by Stats. 1992, Ch. 1011, Sec. 20. ) ## 4685.1. (a) When a minor child requires a living arrangement outside of the family home, as determined in the individual program plan developed pursuant to Section 4646 and Section 4648, the regional center shall make every effort to secure a living arrangement, consistent with the individual program plan, in reasonably close proximity to the family home. (b) When the parents or guardian of a minor child requests that an out-of-home living arrangement for a minor child be in close proximity to the family home, and when such a living arrangement cannot be secured by the regional center, the regional center shall include with the individual program plan a written statement of its efforts to locate, develop, or adapt appropriate services and supports in a living arrangement within close proximity to the family home and what steps will be taken by the regional center to develop the services and supports necessary to return the child to the family home or within close proximity of the family home. This statement shall be updated every six months, or as agreed to by the parents or guardians, and a copy shall be forwarded to the parents or guardians of the minor and to the director of the department. (c) This section shall not be construed to impede the movement of consumers to other geographic areas or the preference of the parent or guardian for the placement of their minor child. (Added by Stats. 1998, Ch. 1043, Sec. 12. Effective January 1, 1999.)
4685.10.
## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 4. Services and Supports for Persons Living in the Community [4685 - 4689.8] ( Heading of Article 4 amended by Stats. 1992, Ch. 1011, Sec. 20. )
Verify source ↗

The department may adopt regulations, and it may temporarily issue administrative program directives, to implement and comply with specified federal home- and community-based services requirements.

## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 4. Services and Supports for Persons Living in the Community [4685 - 4689.8] ( Heading of Article 4 amended by Stats. 1992, Ch. 1011, Sec. 20. ) ## 4685.10. (a) The department may adopt regulations to implement and comply with home- and community-based settings and person-centered service plan requirements in Sections 441.530(a)(1) and 441.725 of Title 42 of the Code of Federal Regulations. Any regulations shall be adopted in accordance with the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (b) Notwithstanding subdivision (a) and Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department may issue administrative program directives to ensure compliance with Sections 441.530(a)(1) and 441.725 of Title 42 of the Code of Federal Regulations until the time regulations are adopted. It is the intent of the Legislature that the department be allowed this temporary authority as necessary to implement compliance with the federal requirements only until completion of the regulatory process. (Amended by Stats. 2024, Ch. 80, Sec. 131. (SB 1525) Effective January 1, 2025.)
4685.7.
## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 4. Services and Supports for Persons Living in the Community [4685 - 4689.8] ( Heading of Article 4 amended by Stats. 1992, Ch. 1011, Sec. 20. )
Verify source ↗

This section establishes the Self-Directed Services Program and sets rules for eligibility, budgeting, participant choice, and regional center administration.

## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 4. Services and Supports for Persons Living in the Community [4685 - 4689.8] ( Heading of Article 4 amended by Stats. 1992, Ch. 1011, Sec. 20. ) ## 4685.7. (a) Contingent upon approval of a federal waiver, the Self-Directed Services Program (SDS Program) is hereby established and shall be available in every regional center catchment area to provide participants, within an individual budget, greater control over needed services and supports. The Self-Directed Services Program shall be consistent with the requirements set forth in this section. In order to provide opportunities to participate in the program, the department shall adopt regulations, consistent with federal law, to implement the procedures set forth in this section. (b) For purposes of this section, all of the following definitions shall apply: (1) “Financial management services” means a service or function that assists the participant to manage and direct the distribution of funds contained in the individual budget. This may include, but is not limited to, bill paying services and activities that facilitate the employment of service workers by the participant, including, but not limited to, federal, state, and local tax withholding payments, unemployment compensation fees, setting of wages and benefits, wage settlements, fiscal accounting, and expenditure reports. The department shall establish specific qualifications that shall be required of a financial management services provider. (2) “Supports brokerage” means a service or function that assists participants in making informed decisions about the individual budget, and assists in locating, accessing and coordinating services consistent with and reflecting a participant’s needs and preferences. The service is available to assist in identifying immediate and long-term needs, developing options to meet those needs, participating in the person-centered planning process and development of the individual program plan, and obtaining identified supports and services. (3) “Supports broker” means a person, selected and directed by the participant, who fulfills the supports brokerage service or function and assists the participant in the SDS Program. Specific qualifications shall be established by the department and required of a supports broker provider. (4) “Waiver” means a waiver of federal law pursuant to Section 1396n of Title 42 of the United States Code. (5) “Independence Plus Self-Directed (IPSD) Waiver Program” or “Self-Directed Waiver Program” means a federal waiver to the state’s Medicaid plan to allow a person with developmental disabilities who needs or requires long-term supports and services, and, when appropriate, the person’s family, greater opportunity to control their own health and well-being by utilization of self-directed services. (6) (A) “Self-directed services” or “SDS” means a voluntary delivery system consisting of a defined and comprehensive mix of services and supports, selected and directed by a participant, in order to meet all or some of the objectives in their individual program plan. Self-directed services are designed to assist the participant to achieve personally defined outcomes in inclusive community settings. (B) Self-directed services shall include, but are not limited to, all of the following: (i) Home health aide services. (ii) Supported employment and prevocational services. (iii) Respite services. (iv) Supports broker functions and services. (v) Financial management services and functions. (vi) Environmental accessibility adaptations. (vii) Skilled nursing. (viii) Transportation. (ix) Specialized medical equipment and supplies. (x) Personal emergency response system. (xi) Integrative therapies. (xii) Vehicle adaptations. (xiii) Communication support. (xiv) Crises intervention. (xv) Nutritional consultation. (xvi) Behavior intervention services. (xvii) Specialized therapeutic services. (xviii) Family assistance and support. (xix) Housing access supports. (xx) Community living supports, including, but not limited to, socialization, personal skill development, community participation, recreation, leisure, home and personal care. (xxi) Advocacy services. (xxii) Individual training and education. (xxiii) Participant-designated goods and services. (xxiv) Training and education transition services. (C) The department shall include all of the services and supports listed in this paragraph in the IPSD Waiver Program application. Notwithstanding this paragraph, only services and supports included in an approved IPSD Waiver shall be funded through the SDS Program. (7) “Advocacy services” means services and supports that facilitate the participant in exercising their legal, civil, and service rights to gain access to generic services and benefits that the participant is entitled to receive. Advocacy services shall only be provided when other sources of similar assistance are not available to the participant, and when advocacy is directed towards obtaining generic services. (8) “Individual budget” means the amount of funding available to the participant for the purchase of services and supports necessary to implement an individual program plan. The individual budget shall be constructed using a fair, equitable, and transparent methodology. (9) “Risk pool” means an account that is available for use in addressing the unanticipated needs of participants in the SDS Program. (10) “Participant” means an individual, and, when appropriate, their parents, legal guardian or conservator, or authorized representative, who have been deemed eligible for, and have voluntarily agreed to participate in, the SDS Program. (c) Participation in the SDS Program is fully voluntary. A participant may choose to participate in, and may choose to leave, the SDS Program at any time. A regional center may not require participation in the SDS Program as a condition of eligibility for, or the delivery of, services and supports otherwise available under this division. (d) The department shall develop informational materials about the SDS Program. The department shall ensure that regional centers are trained in the principles of SDS, the mechanics of the SDS Program, and the rights of consumers and families as candidates for, and participants, in the SDS Program. Regional centers shall conduct local meetings or forums to provide regional center consumers and families with information about the SDS Program. All consumers and families who express an interest in participating in the SDS program shall receive an in-depth orientation conducted by the regional center prior to enrollment in the program. (e) Prior to enrollment in the SDS Program, and based on the methodologies described below, an individual, and, when appropriate, their parents, legal guardian or conservator, or authorized representative, shall be provided in writing two individual budget amounts. If the individual, and, when appropriate, their parents, legal guardian or conservator, or authorized representative, elects to become a participant in the SDS Program, the individual shall choose which of the two budget amounts provided will be used to implement their individual program plan. (1) The methodologies and formulae for determining the two individual budget amounts shall be detailed in departmental regulations, as follows: (A) One individual budget amount shall equal 90 percent of the annual purchase of services costs for the individual. The annual costs shall reflect the average annual costs for the previous two fiscal years for the individual. (B) One individual budget amount shall equal 90 percent of the annual per capita purchase of service costs for the previous two fiscal years for consumers with similar characteristics, who do not receive services through the SDS Program, based on factors, including, but not limited to, age, type of residence, type of disability and ability, functional skills, and whether the individual is in transition. This budget methodology shall be constructed using data available on the State Department of Developmental Services information system. (2) Once a participant has selected an individual budget amount, that individual budget amount shall be available to the participant each year for the purchase of self-directed services until a new individual budget amount has been determined. An individual budget amount shall be calculated no more than once in a 12-month period. (3) As determined by the participant, the individual budget shall be distributed among the following budget categories in order to implement the IPP: (A) Community Living. (B) Health and Clinical Services. (C) Employment. (D) Training and Education. (E) Environment and Medical Supports. (F) Transportation. (4) Annually, participants may transfer up to 10 percent of the funds originally distributed to any budget category set forth in paragraph (3), to another budget category or categories. Transfers in excess of 10 percent of the original amount allocated to any budget category may be made upon the approval of the regional center. Regional centers may only deny a transfer if necessary to protect the health and safety of the participant. (5) The regional center shall annually ascertain from the participant whether there are any circumstances that require a change to the annual individual budget amount. The department shall detail in regulations the process by which this annual review shall be achieved. (6) A regional center’s calculation of an individual budget amount may be appealed to the executive director of the regional center, or their designee, within 30 days after receipt of the budget amount. The executive director shall issue a written decision within 10 working days. The decision of the executive director may be appealed to the Director of Developmental Services, or their designee, within 15 days of receipt of the written decision. The decision of the department is final. (f) The department shall establish a risk pool fund to meet the unanticipated needs of participants in the SDS Program. The fund shall be administered by the department. Notwithstanding Section 13340 of the Government Code, all moneys in the fund shall be continuously appropriated to the department, without regard to fiscal years, for the purpose of funding services and supports pursuant to this subdivision. (1) The risk pool shall be funded at the equivalent of 5 percent of the historic annual purchase of service costs for consumers participating in the SDS Program. (2) The risk pool shall be allocated by the department to regional centers through a process specified by the department. (3) The risk pool may be used only in the event of substantial change in a participant’s service and support needs that were not known at the time the individual budget was set, including an urgent need to relocate a residence, and catastrophic injury or illness. (4) The risk pool may be accessed by a participant more than once in a lifetime. (g) In the first year of the SDS Program, the department shall provide for establishment of savings to the General Fund equivalent to 5 percent of the historic annual purchase of service costs for SDS program participants. In subsequent fiscal years, the department shall annually provide for establishment of savings to the General Fund equivalent to 5 percent of the annual purchase of services costs for SDS Program participants, averaged over the prior two fiscal years. (h) A regional center may advance funds to a financial management services entity pursuant to SDS Program regulations to facilitate development of a participant’s individual budget and transition into the SDS Program. (i) Participation in the SDS Program shall be available to any regional center consumer who meets all of the following eligibility requirements: (1) The participant is three years of age or older. (2) The participant has a developmental disability, as defined in Section 4512. (3) The participant does not live in a licensed long-term health care facility, as defined in paragraph (44) of subdivision (a) of Section 54302 of Title 17 of the California Code of Regulations, or a residential facility, as defined in paragraph (55) of subdivision (a) of Section 54302 of Title 17 of the California Code of Regulations, or receive day program or habilitation services, as defined in paragraph (16) or (34) of subdivision (a) of Section 54302 of Title 17 of the California Code of Regulations, respectively. An individual, and, when appropriate, their parent, legal guardian or conservator, or authorized representative, who is not eligible to participate in the SDS Program pursuant to this paragraph may request that the regional center provide person-centered planning services in order to make arrangements for transition to the SDS Program. In that case, the regional center shall initiate person-centered planning services within 60 days of a request. (4) The participant agrees to all of the following terms and conditions: (A) The participant shall undergo an in-depth orientation to the SDS Program prior to enrollment. (B) The participant shall agree to utilize the services and supports available within the SDS Program only when generic services cannot be accessed, and except for Medi-Cal state plan benefits when applicable. (C) The participant shall consent to use only services necessary to implement their individual program plan as described in the IPSD Waiver Program, and as defined in paragraph (6) of subdivision (b), as an available service in the SDS Program, and shall agree to comply with any and all other terms and conditions for participation in the SDS Program described in this section. (D) The participant shall manage self-directed services within the individual budget amount, chosen pursuant to subdivision (e). (E) The participant shall utilize the services of a financial management services entity of their own choosing. A financial management services provider may either be hired or designated by the participant. A designated financial management services provider shall perform services on a nonpaid basis. An individual or a parent of an individual in the SDS Program shall provide financial management services only as a designated provider and only if the capacity to fulfill the roles and responsibilities as described in the financial management services provider qualifications can be demonstrated to the regional center. (F) The participant shall utilize the services of a supports broker of their own choosing for the purpose of providing services and functions as described in paragraphs (2) and (3) of subdivision (b). A supports broker may either be hired or designated by the participant. A designated supports broker shall perform support brokerage services on a nonpaid basis. An individual or a parent of an individual in the SDS Program shall provide supports brokerage services or their designated representative shall provide the services only as a designated provider and only if the capacity to fulfill the role and responsibilities as described in the supports broker provider qualifications can be demonstrated to the financial management services entity. (j) A participant who is not Medi-Cal eligible may participate in the SDS Program without IPSD Waiver Program enrollment and receive self-directed services if all other IPSD Waiver Program eligibility requirements are met. (k) The planning team, established pursuant to subdivision (j) of Section 4512, shall utilize the person-centered planning process to develop the Individual Program Plan (IPP) for an SDS participant. The IPP shall detail the goals and objectives of the participant that are to be met through the purchase of participant selected services and supports. (l) The participant shall implement their IPP, including choosing the services and supports allowable under this section necessary to implement the plan. A regional center may not prohibit the purchase of any service or support that is otherwise allowable under this section. (m) An adult may designate an authorized representative to effect the implementation. The representative shall meet all of the following requirements: (1) They shall demonstrate knowledge and understanding of the participant’s needs and preferences. (2) They shall be willing and able to comply with SDS Program requirements. (3) They shall be at least 18 years of age. (4) They shall be approved by the participant to act in the capacity of a representative. (n) The participant, or their authorized representative, and the regional center case manager shall receive a monthly budget statement that describes the amount of funds allocated by budget category, the amount spent in the previous 30-day period, and the amount of funding that remains available under the participant’s individual budget. (o) If at any time during participation in the SDS Program a regional center determines that an individual is no longer eligible to continue based on the criteria described in subdivision (i), or a participant voluntarily chooses to exit the SDS Program, the regional center shall provide for the participant’s transition from the SDS Program to other services and supports. This shall include the development of a new individual program plan that reflects the services and supports necessary to meet the individual’s needs. The regional center shall ensure that there is no gap in services and supports during the transition period. (1) Upon determination of ineligibility pursuant to this subdivision, the regional center shall inform the participant in writing of their ineligibility, the reason for the determination of ineligibility, and shall provide a written notice of the fair hearing rights, as required by Section 4701. (2) An individual determined ineligible, or an individual who voluntarily exits the SDS Program, shall be permitted to return to the SDS Program upon meeting all applicable eligibility criteria and after a minimum of 12 months’ time has elapsed. (p) A participant in the SDS Program shall have all the rights established in Chapter 7 (commencing with Section 4700), except as provided under paragraph (6) of subdivision (e). (q) Only a financial management services provider is required to apply for vendorization in accordance with Subchapter 2 (commencing with Section 54300) of Chapter 3 of Division 2 of Title 17 of the California Code of Regulations, for the SDS Program. All other service providers shall have applicable state licenses, certifications, or other state required documentation, but are exempt from the vendorization requirements set forth in Title 17 of the California Code of Regulations. The financial management services entity shall ensure and document that all service providers meet specified requirements for any service that may be delivered to the participant. (r) A participant in the SDS Program may request, at no charge to the participant or the regional center, criminal history background checks for persons seeking employment as a service provider and providing direct care services to the participant. (1) Criminal history records checks pursuant to this subdivision shall be performed and administered as described in subdivision (b) and subdivisions (d) to (h), inclusive, of Section 4689.2, and Sections 4689.4 to 4689.6, inclusive, and shall apply to vendorization of providers and hiring of employees to provide services for family home agencies and family homes. (2) The department may enter into a written agreement with the Department of Justice to implement this subdivision. (s) Notwithstanding any provision of law, an individual receiving services and supports under the self-determination projects established pursuant to former Section 4685.5 may elect to continue to receive self-determination services within their current scope and existing procedures and parameters. Participation in a self-determination project pursuant to former Section 4685.5 may only be terminated upon a participant’s voluntary election and qualification to receive services under another delivery system. (t) Each regional center shall be responsible for implementing an SDS Program as a term of its contract under Section 4629. (u) The department shall annually provide the following information to the policy and fiscal committees of the Legislature: (1) Number and characteristics of participants, by regional center. (2) Types and ranking of services and supports purchased under the SDS Program, by regional center. (3) Range and average of individual budgets, by regional center. (4) Utilization of the risk pool, including range and average individual budget augmentations and type of service, by regional centers. (5) Information regarding consumer satisfaction under the SDS Program and, when data is available, the traditional service delivery system, by regional center. (6) The proportion of participants who report that their choices and decisions are respected and supported. (7) The proportion of participants who report they are able to recruit and hire qualified service providers. (8) The number and outcome of individual budget appeals, by regional center. (9) The number and outcome of fair hearing appeals, by regional center. (10) The number of participants who voluntarily withdraw from participation in the SDS Program and a summary of the reasons why, by regional center. (11) The number of participants who are subsequently determined to no longer be eligible for the SDS Program and a summary of the reasons why, by regional center. (12) Identification of barriers to participation and recommendations for program improvements. (13) A comparison of average annual expenditures for individuals with similar characteristics not participating in the SDS Program. (Amended by Stats. 2024, Ch. 47, Sec. 10. (AB 162) Effective July 2, 2024.)
4685.8.
## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 4. Services and Supports for Persons Living in the Community [4685 - 4689.8] ( Heading of Article 4 amended by Stats. 1992, Ch. 1011, Sec. 20. )
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This section requires the department and regional centers to run the statewide Self-Determination Program, with participant choice, budgeting, planning, training, reporting, and safety-related background checks.

## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 4. Services and Supports for Persons Living in the Community [4685 - 4689.8] ( Heading of Article 4 amended by Stats. 1992, Ch. 1011, Sec. 20. ) ## 4685.8. (a) The department shall implement a statewide Self-Determination Program. The Self-Determination Program shall be available in every regional center catchment area to provide participants and their families, within an individual budget, increased flexibility and choice, and greater control over decisions, resources, and needed and desired services and supports to implement their IPP. As of July 1, 2021, the program shall begin to be available on a voluntary basis to all regional center consumers who are eligible for the Self-Determination Program. (b) The department, in establishing the statewide program, shall do both of the following: (1) Set targets and benchmarks as set forth in paragraph (1) of subdivision (r). (2) Address all of the following: (A) Oversight of expenditure of self-determined funds and the achievement of participant outcomes over time. (B) Increased participant control over which services and supports best meet the participant’s needs and the IPP objectives. A participant’s unique support system may include the purchase of existing service offerings from service providers or local businesses, hiring their own support workers, or negotiating unique service arrangements with local community resources. (C) Comprehensive person-centered planning, including an individual budget and services that are outcome based. (D) Consumer and family training to ensure understanding of the principles of self-determination, the planning process, and the management of budgets, services, and staff. (E) Choice of independent facilitators, who meet standards and certification requirements established by the department, and who can assist with the functions specified in paragraph (2) of subdivision (c). (F) Choice of financial management services providers who meet standards and certification requirements established by the department, and who can carry out the functions specified in paragraph (1) of subdivision (c). (G) Innovation that will more effectively allow participants to achieve their goals. (H) Long-term sustainability of the Self-Determination Program by doing all of the following: (i) Requiring IPP teams, when developing the individual budget, to determine the services, supports, and goods necessary for each consumer based on the needs and preferences of the consumer, and when appropriate the consumer’s family; the effectiveness of each option in meeting the goals specified in the IPP; the cost effectiveness of each option, as specified in subparagraph (D) of paragraph (6) of subdivision (a) of Section 4648; and the utilization of available generic services, as defined by the department. (ii) The department may review final individual budgets that are at or above a spending threshold determined by the department of all individual budgets and use information from its review in the aggregate to develop additional program guidance and verify compliance with federal and state laws and other requirements. (I) Reduce barriers to participation and improve equity in enrollment by establishing, with community input, no later than March 1, 2027, statewide standardized processes and procedures, including, but not limited to, timelines for these processes and procedures. Input from the community shall include, but not be limited to, consultation with the department’s Lived Experience Advisory Group, individuals and families, caregivers, advocates and associations, service providers, regional centers, the State Council on Developmental Disabilities Statewide Self‑Determination Advisory Committee, and legislative staff and shall include adequate notice, or 45 days at a minimum, for the community to review and provide feedback on draft processes and procedures, with review and consideration by the department of feedback prior to finalization for the March 1, 2027, deadline. The standardized processes and procedures shall be consistently applied by regional centers. The standardized processes and procedures shall include, but not be limited to, all of the following: (i) Enrollment. (ii) Individual budgets. (iii) Spending plans. (iv) Financial management services. (v) Access to transition supports. (c) For purposes of this section, the following definitions apply: (1) “Financial management services” means services or functions that assist the participant to manage and direct the distribution of funds contained in the individual budget, and ensure that the participant has the financial resources to implement their IPP throughout the year. These may include bill paying services and activities that facilitate the employment of service and support workers by the participant, including, but not limited to, fiscal accounting, tax withholding, compliance with relevant state and federal employment laws, assisting the participant in verifying provider qualifications, including criminal background checks, and expenditure reports. The financial management services provider shall meet the applicable requirements of Title 17 of the California Code of Regulations and other specific qualifications or certifications established by the department. (2) “Independent facilitator” means a person, selected and directed by the participant, who is not otherwise providing services to the participant pursuant to their IPP and is not employed by a person providing services to the participant. The independent facilitator may assist the participant in making informed decisions about the individual budget, and in locating, accessing, and coordinating services and supports consistent with the participant’s IPP. The independent facilitator is available to assist in identifying immediate and long-term needs, developing options to meet those needs, leading, participating, or advocating on behalf of the participant in the person-centered planning process and development of the IPP, and obtaining identified services and supports. The cost of the independent facilitator, if any, shall be paid by the participant out of the participant’s individual budget. An independent facilitator shall receive training in the principles of self-determination, the person-centered planning process, and the other responsibilities described in this paragraph at the independent facilitator’s own cost. The independent facilitator shall meet standards and certification requirements established by the department. (3) “Individual budget” means the amount of regional center purchase of service funding available to the participant for the purchase of services and supports necessary to implement the IPP. The individual budget shall be determined using a fair, equitable, and transparent methodology. (4) “IPP” means individual program plan, as described in Section 4646. (5) “Participant” means an individual, and when appropriate, the participant’s parents, legal guardian or conservator, or authorized representative, who has been deemed eligible for, and has voluntarily agreed to participate in, the Self-Determination Program. (6) “Self-determination” means a voluntary delivery system consisting of a defined and comprehensive mix of services and supports, selected and directed by a participant through person-centered planning, in order to meet the objectives in their IPP. Self-determination services and supports are designed to assist the participant to achieve personally defined outcomes in community settings that promote inclusion. The Self-Determination Program shall only fund services and supports provided pursuant to this division that the federal Centers for Medicare and Medicaid Services determines are eligible for federal financial participation. (7) “Spending plan” means the plan the participant develops to use their available individual budget funds to purchase goods, services, and supports necessary to implement their individual program plan (IPP). The spending plan shall identify the cost of each good, service, and support that will be purchased with regional center funds. The total amount of the spending plan cannot exceed the amount of the individual budget. A copy of the spending plan shall be attached to the participant’s IPP. (d) Participation in the Self-Determination Program is fully voluntary. A participant may choose to participate in, and may choose to leave, the Self-Determination Program at any time. A regional center shall not require or prohibit participation in the Self-Determination Program as a condition of eligibility for, or the delivery of, services and supports otherwise available under this division. Participation in the Self-Determination Program shall be available to any regional center consumer who meets the following eligibility requirements: (1) The participant has a developmental disability, as defined in Section 4512, and is receiving services pursuant to this division. (2) The consumer does not live in a licensed long-term health care facility, as defined in paragraph (44) of subdivision (a) of Section 54302 of Title 17 of the California Code of Regulations. An individual, and when appropriate the individual’s parent, legal guardian or conservator, or authorized representative, who is not eligible to participate in the Self-Determination Program pursuant to this paragraph may request that the regional center provide person-centered planning services in order to make arrangements for transition to the Self-Determination Program, provided that the individual is reasonably expected to transition to the community within 90 days. In that case, the regional center shall initiate person-centered planning services within 60 days of that request. (3) The participant agrees to all of the following terms and conditions: (A) The participant shall receive an orientation that meets the standards set or developed by the department to the Self-Determination Program prior to enrollment, which includes the principles of self-determination, the role of the independent facilitator and the financial management services provider, person-centered planning, and development of a budget. (B) The participant shall utilize the services and supports available within the Self-Determination Program only when generic services and supports are not available. (C) The participant shall only purchase services and supports necessary to implement their IPP and shall comply with any and all other terms and conditions for participation in the Self-Determination Program described in this section. (D) The participant shall manage Self-Determination Program services and supports within the participant’s individual budget. (E) The participant shall utilize the services of a financial management services provider of their own choosing and who is vendored by a regional center and who meets the qualifications in paragraph (1) of subdivision (c). (F) The participant may utilize the services of an independent facilitator of their own choosing for the purpose of providing services and functions as described in paragraph (2) of subdivision (c). If the participant elects not to use an independent facilitator, the participant may use their regional center service coordinator to provide the services and functions described in paragraph (2) of subdivision (c). (G) If eligible, with the assistance of the regional center, if needed, timely apply for Medi-Cal in order to maximize federal funding. The participant may consider institutional deeming in order to qualify for Medi-Cal services. (e) A participant who is not Medi-Cal eligible may participate in the Self-Determination Program and receive self-determination services and supports if all other program eligibility requirements are met and the services and supports are otherwise eligible for federal financial participation. (f) The additional federal financial participation funds generated by the former participants of the self-determination pilot projects authorized pursuant to Section 13 of Chapter 1043 of the Statutes of 1998, as amended, or pursuant to Article 4 (commencing with Section 4669.2) of Chapter 5, shall be used to maximize the ability of Self-Determination Program participants to direct their own lives and to ensure the department and regional centers successfully implement the program as follows: (1) First, to offset the cost to the department for the criminal background check conducted pursuant to subdivision (v) and other administrative costs incurred by the department in implementing the Self-Determination Program. (2) With the remaining funds, the department, in consultation with stakeholders, including a statewide self-determination advisory workgroup, shall prioritize the use of the funds to meet the needs of participants, increase service access and equity, and reduce disparities, and to implement the program, including costs associated with all of the following: (A) Independent facilitators to assist with a participant’s initial person-centered planning meeting. (B) Development of the participant’s initial individual budget. (C) Joint training of consumers, family members, regional center staff, and members of the local volunteer advisory committee established pursuant to paragraph (1) of subdivision (w). (D) Regional center operations to increase support for transition to the Self-Determination Program or for caseload ratio enhancement. (E) To offset the costs to the regional centers in implementing the Self-Determination Program. (F) To support the Statewide Self-Determination Advisory Committee established pursuant to paragraph (2) of subdivision (w). (g) If at any time during participation in the Self-Determination Program a regional center determines that a participant is no longer eligible to continue in, or a participant voluntarily chooses to exit, the Self-Determination Program, the regional center shall provide for the participant’s transition from the Self-Determination Program to other services and supports. This transition shall include the development of a new IPP that reflects the services and supports necessary to meet the individual’s needs. The regional center shall ensure that there is no gap in services and supports during the transition period. (h) An individual determined to be ineligible for or who voluntarily exits the Self-Determination Program shall be permitted to return to the Self-Determination Program upon meeting all applicable eligibility criteria and upon approval of the participant’s planning team, as described in subdivision (j) of Section 4512. An individual who has voluntarily exited the Self-Determination Program shall not return to the program for at least 12 months. (i) An individual who participates in the Self-Determination Program may elect to continue to receive self-determination services and supports if the individual transfers to another regional center catchment area, provided that the individual remains eligible for the Self-Determination Program pursuant to subdivision (d). The balance of the participant’s individual budget shall be reallocated to the regional center to which the participant transfers. (j) The IPP team shall utilize the person-centered planning process to develop the IPP for a participant. The IPP shall detail the goals and objectives of the participant that are to be met through the purchase of participant-selected services and supports. The IPP team shall determine the individual budget to ensure the budget assists the participant to achieve the outcomes set forth in the participant’s IPP and ensures their health and safety. The completed individual budget shall be attached to the IPP. (k) The participant shall implement their IPP, including choosing and purchasing the services and supports allowable under this section necessary to implement the plan. A regional center shall not prohibit the purchase of any service or support that is otherwise allowable under this section. (l) A participant shall have all the rights established in Sections 4646 to 4646.6, inclusive, and Chapter 7 (commencing with Section 4700). (m) (1) Except as provided in paragraph (4), the IPP team shall determine the initial and any revised individual budget for the participant using the following methodology: (A) (i) Except as specified in clause (ii), for a participant who is a current consumer of the regional center, their initial individual budget shall be the total amount of the most recently available 12 months of purchase of service authorizations, services authorized by the IPP team but not currently provided in a purchase of service authorization, less services paid for by the regional center outside of the self-determination program and one-time expenses. The IPP team shall discuss unmet needs for participants with no or low purchases of services. (ii) An adjustment may be made to the amount specified in clause (i) if both of the following occur: (I) The IPP team determines that an adjustment to this amount is necessary due to a change in the participant’s circumstances, needs, or resources. When adjusting the budget, the IPP team shall document the specific reason for the adjustment in the IPP. (II) The regional center certifies on the individual budget document that regional center expenditures for the individual budget, including any adjustment, would have occurred regardless of the individual’s participation in the Self-Determination Program. (iii) For purposes of clauses (i) and (ii), the amount of the individual budget shall not be increased to cover the cost of the independent facilitator. (B) For a participant who is either newly eligible for regional center services or who does not have 12 months of services included in the current IPP, the participant’s individual budget shall be calculated as follows: (i) The IPP team shall identify the services and supports needed by the participant and available resources, as required by Section 4646. (ii) The regional center shall calculate the cost of providing the services and supports to be purchased by the regional center by using the average cost paid by the regional center for each service or support unless the regional center determines that the consumer has a unique need that requires a higher or lower cost. The IPP team also shall document the specific reason for the adjustment in the IPP. The regional center shall certify on the individual budget document that this amount would have been expended using regional center purchase of service funds regardless of the individual’s participation in the Self-Determination Program. (iii) For purposes of clauses (i) and (ii), the amount of the individual budget shall not be increased to cover the cost of the independent facilitator. (2) The amount of the individual budget shall be available to the participant each year for the purchase of program services and supports. An individual budget shall be calculated no more than once in a 12-month period, unless revised to reflect a change in circumstances, needs, or resources of the participant using the process specified in clause (ii) of subparagraph (A) of paragraph (1). (3) The spending plan shall be assigned to uniform budget categories developed by the department in consultation with stakeholders and distributed according to the timing of the anticipated expenditures in the IPP and in a manner that ensures that the participant has the financial resources to implement the IPP throughout the year. (4) The department, in consultation with stakeholders, may develop alternative methodologies for individual budgets that are computed in a fair, transparent, and equitable manner and are based on consumer characteristics and needs, and that include a method for adjusting individual budgets to address a participant’s change in circumstances or needs. (n) Participants may transfer funds between service codes and budget categories upon the approval of the regional center or the participant’s IPP team. The regional center shall provide timely authorizations to the participant’s financial management service. (o) Consistent with the implementation date of the IPP, the IPP team shall annually ascertain from the participant whether there are any circumstances or needs that require a change to the annual individual budget. Based on that review, the IPP team shall calculate a new individual budget consistent with the methodology identified in subdivision (m). (p) (1) The department, as it determines necessary, may adopt regulations to implement the procedures set forth in this section. Any regulations shall be adopted in accordance with the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (2) Notwithstanding paragraph (1) and Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, and only to the extent that all necessary federal approvals are obtained, the department, without taking any further regulatory action, shall implement, interpret, or make specific this section by means of program directives or similar instructions until the time regulations are adopted. It is the intent of the Legislature that the department be allowed this temporary authority as necessary to implement program changes only until completion of the regulatory process. (q) The department, in consultation with stakeholders, shall develop informational materials about the Self-Determination Program. The department shall ensure that regional centers are trained in the principles of self-determination, the mechanics of the Self-Determination Program, and the rights of consumers and families as candidates for, and participants in, the Self-Determination Program. (r) Each regional center shall be responsible for implementing the Self-Determination Program as a term of its contract under Section 4629. As part of implementing the program, the regional center shall do all of the following: (1) Meet the Self-Determination targets approved by the department, meet benchmarks established by the department in areas including timely enrollment, diversity of consumers served, and reduction of disparities in the individual budget of participants from racial and ethnic communities, and be eligible for incentives for exceeding these targets and benchmarks once the department has established a performance incentives program. (2) Develop and implement an outreach and training plan about the Self-Determination program for the diverse communities served by the regional center, including in congregate settings. Information shall be provided in plain language, in alternative formats and alternative modes of communication and provide language access as required by state and federal law. Obtain input from stakeholders, including consumers and families that reflect the ethnic and language diversity of the regional center’s consumers, about the effectiveness of this outreach and training and other activities that may be effective in reducing disparities in these programs. (3) Annually report the enrollment, individual budget data, and purchase of service expenditure data for the Self-Determination Program consistent with the criteria in subdivisions (a) to (c), inclusive, of Section 4519.5. (4) Assist eligible participants and their families in applying for Medi-Cal, in order to maximize federal funding and assist interested participants who wish to pursue institutional deeming in order to qualify for Medi-Cal services. (5) At least annually, in addition to annual certification, conduct an additional review of all final individual budgets for participants at the regional center which are at or above a spending threshold that is specified by the department through directive consistent with federal and state requirements. This information may be used in the aggregate to provide training, program guidance, and verify compliance with state and federal requirements. (6) Certify the spending plan to verify that goods and services satisfy all of the following: (A) Address the individual’s desired outcomes identified in the individual program plan. (B) Are not available from generic services, as defined by the department. (C) Are eligible for federal financial participation. (7) Contract with local consumer or family-run organizations and consult with the local volunteer advisory committee established pursuant to paragraph (1) of subdivision (w) to conduct outreach through local meetings or forums to consumers and their families to provide information about the Self-Determination Program and to help ensure that the program is available to a diverse group of participants, with special outreach to underserved communities. (8) Collaborate with the local consumer or family-run organizations identified in paragraph (1) to jointly conduct training about the Self-Determination Program. The regional center shall consult with the local volunteer advisory committee established pursuant to paragraph (1) of subdivision (w) in planning for the training, and the local volunteer advisory committee may designate members to represent the advisory committee at the training. (9) Train all service coordinators and fair hearing specialists in the principles of self-determination, the mechanics of the Self-Determination Program, and the rights of consumers and families. The training shall be conducted in collaboration with the local volunteer advisory committee. (10) Provide payment to the financial management services provider for spending plan expenses through a not less than semi-monthly pay schedule. (s) The financial management services provider shall provide the participant and the regional center service coordinator with a monthly individual budget statement that describes the amount of funds allocated by budget category, the amount spent in the previous 30-day period, and the amount of funding that remains available under the participant’s individual budget. (t) Only the financial management services provider is required to apply for vendorization in accordance with Subchapter 2 (commencing with Section 54300) of Chapter 3 of Division 2 of Title 17 of the California Code of Regulations for the Self-Determination Program. All other service and support providers shall not be on the federal debarment list and shall have applicable state licenses, certifications, or other state required documentation, including documentation of any other qualifications required by the department, but are exempt from the vendorization requirements set forth in Title 17 of the California Code of Regulations when serving participants in the Self-Determination Program. (u) The regional center shall pay the full costs of the participant’s financial management services provider. (v) To protect the health and safety of participants in the Self-Determination Program, the department shall require a criminal background check in accordance with all of the following: (1) The department shall issue a program directive that identifies nonvendored providers of services and supports who shall obtain a criminal background check pursuant to this subdivision. At a minimum, these staff shall include both of the following: (A) Individuals who provide direct personal care services to a participant. (B) Other nonvendored providers of services and supports for whom a criminal background check is requested by a participant or the participant’s financial management service. (2) Subject to the procedures and requirements of this subdivision, the department shall administer criminal background checks consistent with the department’s authority and the process described in Sections 4689.2 to 4689.6, inclusive. (3) The department shall electronically submit to the Department of Justice fingerprint images and related information required by the Department of Justice of nonvendored providers of services and supports, as specified in paragraph (1), for purposes of obtaining information as to the existence and content of a record of state or federal convictions and state or federal arrests and also information as to the existence and content of a record of state or federal arrests for which the Department of Justice establishes that the person is free on bail or on their own recognizance pending trial or appeal. (4) When received, the Department of Justice shall forward to the Federal Bureau of Investigation requests for federal summary criminal history information received pursuant to this section. The Department of Justice shall review the information returned from the Federal Bureau of Investigation and compile and disseminate a response to the department. (5) The Department of Justice shall provide a state or federal response to the department pursuant to paragraph (1) of subdivision (p) of Section 11105 of the Penal Code. (6) The department shall request from the Department of Justice subsequent notification service, as provided pursuant to Section 11105.2 of the Penal Code, for persons described in paragraph (1). (7) The Department of Justice shall charge a fee sufficient to cover the cost of processing the request described in this subdivision. (8) The fingerprints of any provider of services and supports who is required to obtain a criminal background check shall be submitted to the Department of Justice prior to employment. The costs of the fingerprints and the financial management service’s administrative cost authorized by the department shall be paid by the services and supports provider or the provider’s employing agency. Any administrative costs incurred by the department pursuant to this subdivision shall be offset by the funds specified in subdivision (g). (9) If the criminal record information report shows a criminal history, the department shall take the steps specified in Section 4689.2. The department may prohibit a provider of services and supports from becoming employed, or continuing to be employed, based on the criminal background check, as authorized in Section 4689.6. The provider of services and supports who has been denied employment shall have the rights set forth in Section 4689.6. (10) The department may utilize a current department-issued criminal record clearance to enable a provider to serve more than one participant, as long as the criminal record clearance has been processed through the department and no subsequent arrest notifications have been received relative to the cleared applicant. (11) Consistent with subdivision (h) of Section 4689.2, the participant or financial management service that denies or terminates employment based on written notification from the department shall not incur civil liability or unemployment insurance liability. (w) To ensure the effective implementation of the Self-Determination Program and facilitate the sharing of best practices and training materials commencing with the implementation of the Self-Determination Program, local and statewide advisory committees shall be established as follows: (1) Each regional center shall establish a local volunteer advisory committee to provide oversight of the Self-Determination Program and identify a regional center liaison to the committee. The regional center and the State Council on Developmental Disabilities shall each appoint one-half of the membership of the committee. The committee shall consist of the regional center clients’ rights advocate, consumers, family members, and other advocates, and community leaders, including a representative from a family resource center. A majority of the committee shall be consumers and their family members. The committee shall reflect the multicultural diversity and geographic profile of the catchment area. The committee shall review the development and ongoing progress of the Self-Determination Program, including whether the program advances the principles of self-determination and is operating consistent with the requirements of this section, and may make ongoing recommendations for improvement to the regional center and the department. Annually, the regional center shall confirm, in writing, that the committee meets the requirements specified in this paragraph and provide the department with the name of the staff liaison and the names of the committee members, the positions they fill on the committee, and which entity appointed them to the committee. (2) The State Council on Developmental Disabilities shall form a volunteer committee, to be known as the Statewide Self-Determination Advisory Committee, comprised of the chairs of the 21 local advisory committees or their designees. The council shall convene the Statewide Self-Determination Advisory Committee twice annually, or more frequently in the sole discretion of the council. The Statewide Self-Determination Advisory Committee shall meet by teleconference or other means established by the council to identify self-determination best practices, effective consumer and family training materials, implementation concerns, systemic issues, ways to enhance the program, and recommendations regarding the most effective method for participants to learn of individuals who are available to provide services and supports. The council shall synthesize information received from the Statewide Self-Determination Advisory Committee, local advisory committees, and other sources, share the information with consumers, families, regional centers, and the department, and make recommendations, as appropriate, to increase the program’s effectiveness in furthering the principles of self-determination. (x) The department shall annually provide the following information to the appropriate policy and fiscal committees of the Legislature: (1) Number and characteristics of participants, by regional center, including the number of participants who entered the program upon movement from a developmental center. (2) Types and amount of services and supports purchased under the Self-Determination Program, by regional center. (3) Range and average of individual budgets, by regional center, including adjustments to the budget to address the adjustments permitted in clause (ii) of subparagraph (A) of paragraph (1) of subdivision (m). (4) The number and outcome of appeals concerning individual budgets, by regional center. (5) The number and outcome of fair hearing appeals, by regional center. (6) The number of participants who voluntarily withdraw from the Self-Determination Program and a summary of the reasons why, by regional center. (7) The number of participants who are subsequently determined to no longer be eligible for the Self-Determination Program and a summary of the reasons why, by regional center. (y) (1) The State Council on Developmental Disabilities shall issue an interim report to the Legislature, in compliance with Section 9795 of the Government Code, no later than June 30, 2021, on the status of the Self-Determination Program authorized by this section, barriers to its implementation, and recommendations to enhance the effectiveness of the program. The interim report shall provide an update to the program’s status, each regional center’s cap on participation and progress toward that cap, the most recent statewide and per-regional-center participant count, and the historical trend in the statewide participation count since the start of the program. The department shall assist in providing available information to the council in order to facilitate the timely issuance of the report. (2) The council, in collaboration with the protection and advocacy agency identified in Section 4900 and the federally funded University Centers for Excellence in Developmental Disabilities Education, Research, and Service, may work with regional centers to survey participants regarding participant satisfaction under the Self-Determination Program and, when data is available, the traditional service delivery system, including the proportion of participants who report that their choices and decisions are respected and supported and who report that they are able to recruit and hire qualified service providers, and to identify barriers to participation and recommendations for improvement. (3) The council, in collaboration with the protection and advocacy agency identified in Section 4900 and the federally funded University Centers for Excellence in Developmental Disabilities Education, Research, and Service, shall issue a report to the Legislature, in compliance with Section 9795 of the Government Code, by June 30, 2023, on the status of the Self-Determination Program authorized by this section, and provide recommendations to enhance the effectiveness of the program. This review shall include the program’s effectiveness in furthering the principles of self-determination, including all of the following: (A) Freedom, which includes the ability of adults with developmental disabilities to exercise the same rights as all citizens to establish, with freely chosen supporters, family and friends, where they want to live, with whom they want to live, how their time will be occupied, and who supports them; and for families to have the freedom to receive unbiased assistance of their own choosing when developing a plan and to select all personnel and supports to further the life goals of a minor child. (B) Authority, which includes the ability of a person with a disability, or family, to control a certain sum of dollars in order to purchase services and supports of their choosing. (C) Support, which includes the ability to arrange resources and personnel, both formal and informal, that will assist a person with a disability to live a life in the community that is rich in community participation and contributions. (D) Responsibility, which includes the ability of participants to take responsibility for decisions in their own lives and to be accountable for the use of public dollars, and to accept a valued role in their community through, for example, competitive employment, organizational affiliations, spiritual development, and general caring of others in their community. (E) Confirmation, which includes confirmation of the critical role of participants and their families in making decisions in their own lives and designing and operating the system that they rely on. (Amended by Stats. 2025, Ch. 12, Sec. 8. (AB 143) Effective June 27, 2025.)
4686.
## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 4. Services and Supports for Persons Living in the Community [4685 - 4689.8] ( Heading of Article 4 amended by Stats. 1992, Ch. 1011, Sec. 20. )
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This section lets trained in-home respite workers perform limited incidental medical services for consumers with stable conditions, and it sets training, approval, assessment, supervision, and pay/reimbursement 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 4. Services and Supports for Persons Living in the Community [4685 - 4689.8] ( Heading of Article 4 amended by Stats. 1992, Ch. 1011, Sec. 20. ) ## 4686. (a) Notwithstanding any other provision of law or regulation to the contrary, an in-home respite worker who is not a licensed health care professional but who is trained by a licensed health care professional may perform incidental medical services for consumers of regional centers with stable conditions, after successful completion of training as provided in this section. Incidental medical services provided by trained in-home respite workers shall be limited to the following: (1) Colostomy and ileostomy: changing bags and cleaning stoma. (2) Urinary catheter: emptying and changing bags and care of catheter site. (3) Gastrostomy: feeding, hydration, cleaning stoma, and adding medication per physician’s or nurse practitioner’s orders for the routine medication of patients with stable conditions. (b) In order to be eligible to receive training for purposes of this section, an in-home respite worker shall submit to the trainer proof of successful completion of a first aid course and successful completion of a cardiopulmonary resuscitation course within the preceding year. (c) The training in incidental medical services required under this section shall be provided by physicians or registered nurses. Training in gastrostomy services shall be provided by a physician or registered nurse, or through a gastroenterology or surgical center in an acute care hospital, as defined in subdivision (a) of Section 1250 of the Health and Safety Code, which meets California Children Services’ Program standards for centers for children with congenital gastrointestinal disorders, or comparable standards for adults, or by a physician or registered nurse who has been certified to provide training by the center. (d) The in-home respite agency providing the training shall develop a training protocol which shall be submitted for approval to the State Department of Developmental Services. The department shall approve those protocols that specifically address both of the following: (1) A description of the incidental medical services to be provided by trained in-home respite workers. (2) A description of the protocols by which the training will be provided. Protocols shall include a demonstration of the following skills by the trainee: (A) Care of the gastrostomy, colostomy, ileostomy, or urinary catheter site. (B) Performance of gastrostomy tube feeding, changing bags and cleaning stoma of colostomy or ileostomy sites, and emptying and changing urinary catheter bags. (C) Identification of, and appropriate response to, problems and complications associated with gastrostomy care and feeding, colostomy and ileostomy care, and care of urinary catheter sites. (D) Continuing education requirements. (e) Training by the gastroenterology or surgical center, or the certified physician or registered nurse, shall be done in accordance with the approved training protocol. Training of in-home respite workers shall be specific to the individual needs of the regional center consumer receiving the incidental medical service and shall be in accordance with orders from the consumer’s treating physician or surgeon. (f) The treating physician or surgeon shall give assurances to the regional center that the patient’s condition is stable prior to the regional center’s purchasing incidental medical services for the consumer through an appropriately trained respite worker. (g) Prior to the purchase of incidental medical services through a trained respite worker, the regional center shall do all of the following: (1) Ensure that a nursing assessment of the consumer, performed by a registered nurse, is conducted to determine whether an in-home respite worker, licensed vocational nurse, or registered nurse may perform the services. (2) Ensure that a nursing assessment of the home has been conducted to determine whether incidental medical services can appropriately be provided in that setting. (h) The agency providing in-home respite services shall do all of the following: (1) Ensure adequate training of the in-home respite worker. (2) Ensure that telephone backup and emergency consultation by a registered nurse or physician is available. (3) Develop a plan for care specific to the incidental medical services provided to be carried out by the respite worker. (4) Ensure that the in-home respite worker and the incidental medical services provided by the respite worker are adequately supervised by a registered nurse. (i) Notwithstanding any other provision of law or regulation to the contrary, the hourly rate for an in-home respite agency shall be increased to provide a fifty cent ($.50) per hour wage increase and an eight-cent ($.08) per hour benefit increase for the hours the in-home respite agency is providing incidental medical services. (j) To expand the availability of trained in-home respite agency staff, a regional center may reimburse the in-home respite agency up to two hundred dollars ($200) semiannually, for the provision of training pursuant to subdivision (c). (k) For purposes of this section, “in-home respite worker” means an individual employed by an agency which is vendored by a regional center to provide in-home respite services. These agencies include, but are not limited to, in-home respite services agencies, home health agencies, or other agencies providing these services. (Amended by Stats. 2009, 4th Ex. Sess., Ch. 9, Sec. 18. Effective July 28, 2009.)
4686.2.
## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 4. Services and Supports for Persons Living in the Community [4685 - 4689.8] ( Heading of Article 4 amended by Stats. 1992, Ch. 1011, Sec. 20. )
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Vendors providing ABA or intensive behavioral intervention must assess each consumer, create an intervention plan, and give it to the regional center. Regional centers must buy only evidence-based services, review plans at least every six months, and may not deny or delay services because a parent does not participate.

## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 4. Services and Supports for Persons Living in the Community [4685 - 4689.8] ( Heading of Article 4 amended by Stats. 1992, Ch. 1011, Sec. 20. ) ## 4686.2. (a) Notwithstanding any other law or regulation to the contrary, any vendor who provides applied behavioral analysis (ABA) services, or intensive behavioral intervention services or both, as defined in subdivision (d), shall: (1) Conduct a behavioral assessment of each consumer to whom the vendor provides these services. (2) Design an intervention plan that shall include the service type, number of hours needed, and recommended parent participation to achieve the consumer’s goals and objectives, as set forth in the consumer’s individual program plan (IPP) or individualized family service plan (IFSP). The intervention plan shall also set forth the frequency at which the consumer’s progress shall be evaluated and reported. (3) Provide a copy of the intervention plan to the regional center for review and consideration by the planning team members. (b) (1) Notwithstanding any other law or regulation to the contrary, regional centers shall: (A) Only purchase ABA services or intensive behavioral intervention services that reflect evidence-based practices, promote positive social behaviors, and ameliorate behaviors that interfere with learning and social interactions. (B) Not purchase either ABA or intensive behavioral intervention services for purposes of providing respite, daycare, or school services. (C) Discontinue purchasing ABA or intensive behavioral intervention services for a consumer when the consumer’s treatment goals and objectives, as described under subdivision (a), are achieved. ABA or intensive behavioral intervention services shall not be discontinued until the goals and objectives are reviewed and updated as required in subparagraph (D) and shall be discontinued only if those updated treatment goals and objectives do not require ABA or intensive behavioral intervention services. (D) For each consumer, evaluate the vendor’s intervention plan and number of service hours for ABA or intensive behavioral intervention no less than every six months, consistent with evidence-based practices. If necessary, the intervention plan’s treatment goals and objectives shall be updated and revised. (E) Not reimburse a parent for participating in a behavioral services treatment program. (F) Not deny or delay the provision of ABA or intensive behavioral intervention services for a minor consumer due to the lack of parent participation. A regional center shall not adopt, implement, or have in effect any policy or practice that prohibits or substantially prohibits the purchase of ABA or intensive behavioral intervention services due to the lack of parent participation. For purposes of this section, “substantially prohibits” means any policy or practice that generally prohibits a purchase of service, but includes a process for the regional center to allow exceptions. (2) This subdivision shall not be construed to prohibit a regional center from highlighting the benefit of parental participation, as recommended by the intervention plan. (c) For purposes of this section, the following definitions shall apply: (1) “Applied behavioral analysis” means the design, implementation, and evaluation of systematic instructional and environmental modifications to promote positive social behaviors and reduce or ameliorate behaviors that interfere with learning and social interaction. (2) “Intensive behavioral intervention” means any form of applied behavioral analysis that is comprehensive, designed to address all domains of functioning, and provided in multiple settings for no more than 40 hours per week, across all settings, depending on the individual’s needs and progress. Interventions can be delivered in a one-to-one ratio or small group format, as appropriate. (3) “Evidence-based practice” means a decisionmaking process that integrates the best available scientifically rigorous research, clinical expertise, and individual’s characteristics. Evidence-based practice is an approach to treatment rather than a specific treatment. Evidence-based practice promotes the collection, interpretation, integration, and continuous evaluation of valid, important, and applicable individual- or family-reported, clinically observed, and research-supported evidence. The best available evidence, matched to consumer circumstances and preferences, is applied to ensure the quality of clinical judgments and facilitates the most cost-effective care. (4) “Parent participation” may include, but shall not be limited to, the following meanings: (A) Completion of group instruction on the basics of behavior intervention. (B) Implementation of intervention strategies, according to the intervention plan. (C) If needed, collection of data on behavioral strategies and submission of that data to the provider for incorporation into progress reports. (D) Participation in any needed clinical meetings. (E) Purchase of suggested behavior modification materials or community involvement if a reward system is used. (Amended by Stats. 2024, Ch. 80, Sec. 132. (SB 1525) Effective January 1, 2025.)
4686.3.
## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 4. Services and Supports for Persons Living in the Community [4685 - 4689.8] ( Heading of Article 4 amended by Stats. 1992, Ch. 1011, Sec. 20. )
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The department must adopt emergency regulations about paraprofessionals in group practice provider behavioral intervention services, set rates, and set qualification and supervision requirements.

## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 4. Services and Supports for Persons Living in the Community [4685 - 4689.8] ( Heading of Article 4 amended by Stats. 1992, Ch. 1011, Sec. 20. ) ## 4686.3. The department shall adopt emergency regulations to address the use of paraprofessionals in group practice provider behavioral intervention services and establish a rate. The regulations shall also establish a rate and the educational or experiential qualifications and professional supervision requirements necessary for the paraprofessional to provide behavioral intervention services. 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 11349.6 of the Government Code, and the department is hereby exempted from the requirement that it describe specific facts showing the need for immediate action. A certificate of compliance for these implementing regulations shall be filed within 24 months following the adoption of the first emergency regulations filed pursuant to this section. (Added by Stats. 2011, Ch. 37, Sec. 15. (AB 104) Effective June 30, 2011.)
4686.31.
## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 4. Services and Supports for Persons Living in the Community [4685 - 4689.8] ( Heading of Article 4 amended by Stats. 1992, Ch. 1011, Sec. 20. )
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Vendors for certain services must use a department form, get it signed by parents or guardians of a minor consumer, and send the completed paperwork to the regional center; the department must post the form.

## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 4. Services and Supports for Persons Living in the Community [4685 - 4689.8] ( Heading of Article 4 amended by Stats. 1992, Ch. 1011, Sec. 20. ) ## 4686.31. (a) Effective July 1, 2011, notwithstanding any other law or regulation to the contrary, any vendor who provides services as specified in paragraph (4) shall submit verification to the regional center for services provided to consumers who are under 18 years of age and residing in the family home as follows: (1) The department shall develop and post a standard form for vendors to complete and provide to the family for signature. The form shall include, but not be limited to, the name and title of the vendor, the vendor identification number, the name of the consumer, the unique client identifier, the location of the service, the date and start and end times of the service, and a description of the service provided. The form shall also include instructions for the parents or legally appointed guardians to contact the regional center service coordinator immediately if they are unable to sign the form. (2) The vendor shall provide the parents or legally appointed guardians of a minor consumer with the department form to sign. The form shall be signed and dated by the parents or legally appointed guardians of a minor consumer and be submitted to the vendor providing services within 30 days of the month in which the services were provided. (3) The vendor shall submit the completed forms to the regional center together with the vendor’s invoices for the services provided. (4) If the parents or legally appointed guardians of a minor consumer do not submit a form to the vendor, the vendor shall notify the regional center. (5) This subdivision shall only apply to the following types of services: Behavior Analyst, Associate Behavior Analyst, Behavior Management Assistant, Behavior Technician (Paraprofessional), Behavior Management Consultant, Counseling Services, Tutor, Crisis Team-Evaluation and Behavioral Intervention, Tutor Services-Group, Client/Parent Support Behavior Intervention Training, and Parent-Coordinated Home Based Behavior Intervention Program for Autistic Children. (b) The failure of the parents or legally appointed guardians of a minor consumer to submit a verification of services to the vendor shall not be a basis for terminating or changing behavioral services to the minor consumer. Any changes to behavioral services shall be made by the consumer’s planning team pursuant to Section 4512. (Added by Stats. 2011, Ch. 37, Sec. 16. (AB 104) Effective June 30, 2011.)
4686.4.
## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 4. Services and Supports for Persons Living in the Community [4685 - 4689.8] ( Heading of Article 4 amended by Stats. 1992, Ch. 1011, Sec. 20. )
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The department must adopt regulations by July 1, 2026 for behavioral health treatment group practice, including rules for Behavioral Health Professionals and Behavioral Health Paraprofessionals.

## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 4. Services and Supports for Persons Living in the Community [4685 - 4689.8] ( Heading of Article 4 amended by Stats. 1992, Ch. 1011, Sec. 20. ) ## 4686.4. (a) On or before July 1, 2026, the department shall adopt regulations to address the use of Behavioral Health Professionals in behavioral health treatment group practice. The regulations shall also establish a rate and the educational or experiential qualifications and professional supervision requirements necessary for the Behavioral Health Professional to provide evidence-based behavioral intervention services. (b) On or before July 1, 2026, the department shall adopt regulations to address the use of Behavioral Health Paraprofessionals in behavioral health treatment group practice. The regulations shall also establish a rate and the educational or experiential qualifications and professional supervision requirements necessary for the Behavioral Health Paraprofessional to provide evidence-based behavioral intervention services. (Added by Stats. 2023, Ch. 635, Sec. 3. (SB 805) Effective January 1, 2024.)
4687.
## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 4. Services and Supports for Persons Living in the Community [4685 - 4689.8] ( Heading of Article 4 amended by Stats. 1992, Ch. 1011, Sec. 20. )
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The section recognizes certain rights of persons with disabilities and says support services may be made available to 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 4. Services and Supports for Persons Living in the Community [4685 - 4689.8] ( Heading of Article 4 amended by Stats. 1992, Ch. 1011, Sec. 20. ) ## 4687. Consistent with state and federal law, the Legislature recognizes the rights of persons with disabilities to have relationships, marry, be a part of a family, and to parent if they so choose. The Legislature further recognizes that individuals with developmental disabilities may need support and counseling in order to make informed decisions in these areas. In order to achieve these goals, the following services may be made available to persons with developmental disabilities: (a) Sexuality training. (b) Parenting skills training. (c) Supported living arrangements for parents with developmental disabilities and their children. (d) Advocacy assistance to deal with agencies, including, but not limited to, child protective services, and assistance in reunification planning. (e) Family counseling services. (f) Other services and supports listed in Section 4685 when needed to maintain and strengthen the family unit, where one or both of the parents is an individual with developmental disabilities. (Added by Stats. 1992, Ch. 1011, Sec. 22. Effective January 1, 1993.)
4688.
## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 4. Services and Supports for Persons Living in the Community [4685 - 4689.8] ( Heading of Article 4 amended by Stats. 1992, Ch. 1011, Sec. 20. )
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Regional centers must expand opportunities for people with developmental disabilities to participate fully in their local communities.

## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 4. Services and Supports for Persons Living in the Community [4685 - 4689.8] ( Heading of Article 4 amended by Stats. 1992, Ch. 1011, Sec. 20. ) ## 4688. (a) Consistent with state and federal law, the Legislature places a high priority on providing opportunities for individuals with developmental disabilities to be integrated into the mainstream life of their natural communities. In order to ensure that opportunities for integration are maximized, the procedure described in subdivision (b) shall be adopted. (b) Regional centers shall be responsible for expanding opportunities for the full and equal participation of persons with developmental disabilities in their local communities through, activities, that may include, but shall not be limited to, the following: (1) Outreach to, and training and education of, representatives of community service agencies and programs, businesses, and community activity providers regarding the provision and expansion of opportunities for participation by regional center consumers. (2) Developing a community resources list. (3) Providing assistance to case managers and family members on expanding community integration options for consumers in the areas of work, recreation, social, community service, education, and public services. (4) Developing and facilitating the use of innovative methods of contracting with community members to provide support in natural environments to regional center consumers. (5) Development and facilitating the use of natural supports to enhance community participation. (6) Providing technical assistance to, and coordinating with, community support facilitators who will be used to provide supports to individual consumers for community participation, as needed. (7) Providing sources of information relevant to individuals in making informed choices about employment options. This information may include, but need not be limited to, work incentive programs for persons with developmental disabilities, access and retention of needed benefits, interactions of earned income, asset building, or other financial changes on benefits, employment programs and protections, taxpayer requirements and responsibilities, training opportunities, and information and services available through other agencies, organizations, or on the Internet. (Amended by Stats. 2006, Ch. 397, Sec. 6. Effective January 1, 2007.)
4688.05.
## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 4. Services and Supports for Persons Living in the Community [4685 - 4689.8] ( Heading of Article 4 amended by Stats. 1992, Ch. 1011, Sec. 20. )
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Regional centers must provide independent living skills services to an adult consumer under the consumer’s individual program 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 4. Services and Supports for Persons Living in the Community [4685 - 4689.8] ( Heading of Article 4 amended by Stats. 1992, Ch. 1011, Sec. 20. ) ## 4688.05. Regional centers shall provide independent living skills services to an adult consumer, consistent with his or her individual program plan, that provide the consumer with functional skills training that enables him or her to acquire or maintain skills to live independently in his or her own home, or to achieve greater independence while living in the home of a parent, family member, or other person. (Added by Stats. 2014, Ch. 402, Sec. 3. (SB 1093) Effective January 1, 2015.)
4688.06.
## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 4. Services and Supports for Persons Living in the Community [4685 - 4689.8] ( Heading of Article 4 amended by Stats. 1992, Ch. 1011, Sec. 20. )
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The department must create a Coordinated Family Support Services Pilot Program for adults who live with their families, and it may issue temporary administrative directives until regulations are adopted.

## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 4. Services and Supports for Persons Living in the Community [4685 - 4689.8] ( Heading of Article 4 amended by Stats. 1992, Ch. 1011, Sec. 20. ) ## 4688.06. (a) Consistent with state and federal law, the Legislature recognizes the right of adults with disabilities to reside in the family home. The Legislature further recognizes that adults with developmental disabilities, and their families, may need coordinated family support services that are tailored to the unique needs of the consumer and that are respectful of the language, ethnicity, and culture of the family home. (b) The department shall establish a Coordinated Family Support Services Pilot Program for adults who live with their families. The pilot program may focus on improving equitable access to services and supports and reducing ethnic and racial disparities in purchases of services. (c) The services provided by the Coordinated Family Support Services Pilot Program shall be flexible and tailored to assist the consumer to remain in the home of their family for as long as that remains the preferred living option for the consumer and their family. (d) (1) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department may issue administrative program directives to ensure compliance with this section until the time regulations are adopted. It is the intent of the Legislature that the department be allowed this temporary authority as necessary to implement program changes only until completion of the regulatory process. (2) Any regulation or administrative program directive issued pursuant to this subdivision shall include key elements of the Coordinated Family Support Services Program, including eligibility criteria, service design, and standards for vendors. (3) The department shall collaborate with stakeholders to obtain input about key elements prior to the issuance of regulations or administrative program directives. Stakeholders shall include, but not be limited to, consumers and family members, including those from ethnically and racially diverse backgrounds, regional centers, the protection and advocacy agency described in subdivision (i) of Section 4900, the Office of Clients’ Rights as described in Section 4433, the State Council on Developmental Disabilities, providers who deliver supported living services described in Section 4689, and providers with experience delivering services to adults living in the home of a parent or a family member, including independent living skills services described in Section 4688.05. (Added by Stats. 2022, Ch. 49, Sec. 24. (SB 188) Effective June 30, 2022.)
4688.1.
## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 4. Services and Supports for Persons Living in the Community [4685 - 4689.8] ( Heading of Article 4 amended by Stats. 1992, Ch. 1011, Sec. 20. )
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Certain program vendors must offer an alternative senior program component for people with developmental disabilities over 50, subject to a daily rate cap and staffing/capacity limits. Regional centers must provide information about and offer the program in certain plan reviews, and they may not refer additional consumers after July 1, 2011.

## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 4. Services and Supports for Persons Living in the Community [4685 - 4689.8] ( Heading of Article 4 amended by Stats. 1992, Ch. 1011, Sec. 20. ) ## 4688.1. (a) Notwithstanding any other provision of law or regulation to the contrary, vendors of behavior management, activity center, and adult development center day programs, social recreation programs, socialization training programs, community integration training programs, community activities support programs, creative art programs, and work activity programs shall offer an alternative senior program component focused on the needs of individuals with developmental disabilities who are over 50 years of age, at a rate not to exceed the lesser of thirty-five dollars ($35) per day or the vendor’s existing daily rate. (1) The alternative senior program component shall be provided at a ratio of no more than eight consumers to one staff member. (2) Consistent with the intent of the Lanterman Developmental Disabilities Services Act, the alternative senior program component shall be offered within the provider’s existing vendored capacity as reflected in its program design or licensed capacity. (b) Effective July 1, 2009, at the time of development, review, or modification of an eligible consumer’s individual program plan, regional centers, as appropriate, shall provide information about and offer an alternative senior program. The alternative senior program shall be offered to eligible consumers who want to transition to a program component focused on the needs and interests of seniors. (c) Effective July 1, 2011, a regional center shall not refer any additional consumers to alternative senior programs. (Amended by Stats. 2011, Ch. 37, Sec. 17. (AB 104) Effective June 30, 2011.)
4688.2.
## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 4. Services and Supports for Persons Living in the Community [4685 - 4689.8] ( Heading of Article 4 amended by Stats. 1992, Ch. 1011, Sec. 20. )
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Vendors must offer an alternative customized program component, and regional centers must provide information, make it available, fund it only as described, and stop referring additional consumers after July 1, 2011.

## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 4. Services and Supports for Persons Living in the Community [4685 - 4689.8] ( Heading of Article 4 amended by Stats. 1992, Ch. 1011, Sec. 20. ) ## 4688.2. (a) Notwithstanding any other provision of law or regulation to the contrary, vendors of behavior management, activity center, and adult development center adult day programs, community integration training programs, and community activities support services programs shall offer an alternative customized program component with an appropriate staffing component to meet individualized consumer needs. (1) The alternative customized program component shall be offered within the provider’s existing vendored capacity, as reflected in its program design or licensed capacity. (2) The regional center shall fund customized programs based on the vendor’s existing rate and only fund those hours provided. (b) Effective July 1, 2009, at the time of development, review, or modification of a consumer’s individual program plan, regional centers, as appropriate, shall provide information about and make available the customized program option. (1) The alternative customized program component shall be offered to individuals with developmental disabilities who want a program focused on their individualized needs and interests to develop or maintain employment or volunteer activities in lieu of their current program. (2) Total hours of service for this alternative customized program shall range between 20 and 80 hours per month, per person, depending on the support needs of the individual. (c) Effective July 1, 2011, a regional center shall not refer any additional consumers to alternative customized programs. (Amended by Stats. 2011, Ch. 37, Sec. 18. (AB 104) Effective June 30, 2011.)
4688.21.
## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 4. Services and Supports for Persons Living in the Community [4685 - 4689.8] ( Heading of Article 4 amended by Stats. 1992, Ch. 1011, Sec. 20. )
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This section lets consumers choose tailored day services or vouchered community-based training services, and it sets rules for how those services are designed, delivered, documented, and priced.

## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 4. Services and Supports for Persons Living in the Community [4685 - 4689.8] ( Heading of Article 4 amended by Stats. 1992, Ch. 1011, Sec. 20. ) ## 4688.21. (a) The Legislature places a high priority on opportunities for adults with developmental disabilities to choose and customize day services to meet their individualized needs; have opportunities to further the development and support of employment and volunteer activities; direct their services; pursue postsecondary education; establish and support paid internship program opportunities; and increase their ability to lead integrated and inclusive lives. To further these goals, a consumer may choose a tailored day service or vouchered community-based training service, in lieu of, or in conjunction with, any other regional center vendored day program, look-alike day program, supported employment program, or work activity program. (b) (1) A tailored day service shall include an individualized service design, as determined through the individual program plan (IPP), and developed through a person-centered planning process that reflects and maximizes individual preferences and goals, and approved by the regional center. This service design may include, but may not be limited to, the following: (A) Fewer days or hours than in the program’s approved day program, look-alike day program, supported employment program, or work activity program design. (B) Flexibility in the duration, location, including by remote electronic communications, and intensity of services to meet the consumer’s individualized needs. (C) Prioritize the development or support of competitive, integrated employment, volunteer activities, or pursuit of postsecondary education; establish and support paid internship program opportunities; maximize consumer direction of the service; and increase the consumer’s ability to lead an integrated and inclusive life. (2) The type and amount of tailored day service shall be determined through the IPP process, pursuant to Section 4646. The IPP shall contain, but not be limited to, the following: (A) A detailed description of the consumer’s individualized choices and needs and how these choices and needs will be met. (B) The type and amount of services and staffing needed to meet the consumer’s individualized choices and needs, and unique health and safety and other needs. (3) The staffing requirements set forth in Section 55756 of Title 17 of the California Code of Regulations and subdivision (p) of Section 4851 of this code shall not apply to a tailored day service. (4) Commencing July 1, 2022, until June 30, 2025, inclusive, for vendored programs wishing to offer a tailored day service option, the hourly rate for the tailored day service option shall be calculated using a base rate, defined as twice the amount of the rate model or models for “Community-Based Day, Community Only, 1:2.” The calculation of the rate shall be as follows: (A) Effective July 1, 2022, the hourly rate shall equal 80 percent of the base rate. (B) The rate established in subparagraph (A) shall remain in effect pending the department’s review, in coordination with stakeholders, of implementation of this section, as amended by the act that added this paragraph. The review, to be completed by June 30, 2024, shall include development of recommendations that may include, but not be limited to, modifying the scope of the service or establishing a rate model specific to the service. The department shall provide an update to the Legislature on the status of the review no later than January 10, 2024. (5) Commencing on July 1, 2025, for vendored programs wishing to offer a tailored day service option, the hourly rate for the tailored day service option shall be set by the department and posted on its internet website. (6) The hold harmless policy defined in subdivision (d) of Section 4519.10 shall apply for vendored programs offering a tailored day service as of June 30, 2022, with an hourly rate that exceeds the rate calculated pursuant to this subdivision. (7) Tailored day services shall not be delivered on the same day as any other regional center vendored day program, look-alike day program, supported employment program, or work activity program unless all of the following apply: (A) A consumer has a plan identified in their individual program plan for transitioning from a work activity program to competitive integrated employment, paid internship, or postsecondary education. (B) The transition plan is developed through a person-centered planning process that reflects and maximizes individual preferences and goals. (C) The duration of the delivery of tailored day services on the same day or days as a work activity program or supported employment services is no longer than six months. (8) The total monthly hours of tailored day services shall not exceed the number of days in the month tailored day services are authorized, multiplied by four. (9) The regional center shall ensure that the vendor is capable of complying with, and will comply with, the consumer’s IPP, individual choice, and health and safety needs. (10) Effective July 1, 2011, and prior to the time of development, review, or modification of a consumer’s IPP, regional centers shall provide information about tailored day service to eligible adult consumers. A consumer may request information about tailored day services from the regional center at any time and may request an IPP meeting to secure those services. (c) (1) A vouchered community-based training service is defined as a consumer-directed service that assists the consumer in the development of skills required for competitive integrated employment, the paid internship program, participation in volunteer activities, or any combination of these, and the assistance necessary for the consumer to secure employment, a paid internship, or volunteer positions or pursue secondary education. (2) Implementation of vouchered community-based training service is contingent upon the approval of the federal Centers for Medicare and Medicaid Services. (3) Vouchered community-based training service shall be provided in natural environments in the community, separate from the consumer’s residence. (4) A consumer, parent, or conservator vendored as a vouchered community-based training service shall utilize the services of a financial management services (FMS) entity. The regional center shall provide information about available financial management services and shall assist the consumer in selecting a FMS vendor to act as coemployer. (5) A parent or conservator shall not be the direct support worker employed by the vouchered community-based training service vendor. (6) If the direct support worker is required to transport the consumer, the vouchered community-based training service vendor shall verify that the direct support worker can transport the consumer safely and has a valid California driver’s license and proof of insurance. (7) The rate for vouchered community-based training service shall be the most recent rate posted on the department’s public internet website. The rate includes employer-related taxes and all transportation needed to implement the service, except as described in paragraph (8). The rate does not include the cost of the FMS. (8) A consumer vendored as a vouchered community-based training service shall also be eligible for a regional center-funded bus pass, if appropriate and needed. (9) Vouchered community-based training service shall be limited to a maximum of 150 hours per quarter. The services to be provided and the service hours shall be documented in the consumer’s IPP. (10) A direct support worker of vouchered community-based training service shall be an adult who possesses the skill, training, and experience necessary to provide services in accordance with the IPP. (11) Effective July 1, 2011, and prior to the time of development, review, or modification of a consumer’s IPP, regional centers shall provide information about vouchered community-based training service to eligible adult consumers. (12) The type and amount of vouchered community-based training service shall be determined through the IPP process pursuant to Section 4646. The IPP shall contain, but not be limited to, the following: (A) A detailed description of the consumer’s individualized choices and needs and how these choices and needs will be met. (B) The type and amount of services and staffing needed to meet the consumer’s individualized choices and unique health and safety and other needs. (d) The department may adopt emergency regulations for tailored day service or vouchered community-based training service. The adoption, amendment, repeal, or readoption of a regulation authorized by this subdivision 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 11349.6 of the Government Code, and the department is hereby exempted from the requirement that it describe specific facts showing the need for immediate action. A certificate of compliance for these implementing regulations shall be filed within 24 months following the adoption of the first emergency regulations filed pursuant to this subdivision. (Amended by Stats. 2025, Ch. 12, Sec. 9. (AB 143) Effective June 27, 2025.)
4688.22.
## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 4. Services and Supports for Persons Living in the Community [4685 - 4689.8] ( Heading of Article 4 amended by Stats. 1992, Ch. 1011, Sec. 20. )
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Regional centers must follow these rules when purchasing social recreation, camping, and nonmedical therapy services, and they may not impose certain prerequisites or copayments.

## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 4. Services and Supports for Persons Living in the Community [4685 - 4689.8] ( Heading of Article 4 amended by Stats. 1992, Ch. 1011, Sec. 20. ) ## 4688.22. (a) The Legislature finds and declares both of the following: (1) The Legislature places a high priority on promoting the full inclusion and independence of individuals with developmental disabilities, including through opportunities for recreation, consistent with Section 4501 and paragraphs (6) and (7) of subdivision (b) of Section 4502. (2) As such, it is the intent of the Legislature for social recreation services, camping services, and nonmedical therapies, including, but not limited to, specialized recreation, art, dance, and music, to be among the services and supports within the meaning of subdivision (b) of Section 4512 and be made widely available to consumers, not only for socialization, but to lead the lives that they want in the community. It is further the intent of the Legislature that regional centers, when developing purchase-of-service policies and related procedures, and that the department, when reviewing regional center purchase-of-service policies and related procedures, reduce administrative barriers to the utilization of these services by consumers to the fullest possible extent. (b) The regional centers shall use the following principles when purchasing social recreation services, camping services, and nonmedical therapies: (1) Consumers shall receive services and supports in settings that are typical of those in which persons without disabilities engage in social recreation, camping, or nonmedical therapies. (2) The services described in this section shall promote community inclusion by providing opportunities to build ongoing relationships through or around shared interests or activities, and shall include both of the following: (A) Activities that directly support a consumer’s ability to participate in typical social recreation or other community activities without paid support present. (B) Activities that may identify or develop specific interests or skills, enable the consumer to engage with others around shared affinities or goals, or otherwise build informal social networks that reduce isolation, strengthen community ties, assist the consumer in advancing their own interests and well-being, and can be a source of voluntary natural supports. (3) (A) Regional center purchase-of-service policies and related procedures shall promote access to the services described in this section for consumers who are children, for consumers who experience disparities in the receipt of regional center services, and for consumers or their representatives who are unable to afford paying for services upfront and awaiting reimbursement. (B) Regional center purchase-of-service policies and procedures shall refer consumers and their families to existing opportunities for social recreation services and camping services by funding those services directly along with the supports they may need to access them. (4) Regional center purchase-of-service policies and procedures related to services described in this section shall not do any of the following: (A) Restrict funding of the services described in this section to only those that are specialized or directed toward the alleviation of a developmental disability within the meaning of subdivision (b) of Section 4512. (B) Require the services described in this section to meet both a recreational and socialization need, or prohibit the purchase of one-on-one services, including private lessons. (C) In order to further the legislative intent of making such services widely available to consumers, generally prohibit or disfavor purchase of these services. (c) (1) The department shall prioritize and expedite any policies, procedures, or written directives that may be necessary to facilitate regional center efforts to increase access, collect data, or track expenditures pertaining to these services. (2) (A) By October 1, 2024, regional centers shall designate one or more employees to serve as a point of contact for consumers, families, caregivers, and stakeholders regarding access to social recreation services, camping services, and nonmedical therapies, and any policies, procedures, or written directives related to these services. Regional centers shall provide the department with the names and contact information of these designees by October 1, 2024, and shall provide an updated list of designees semiannually thereafter. (B) By January 1, 2025, regional centers shall adopt procedures aimed at increasing the availability of vendors and expediting vendorizations accordingly. These efforts shall include procedures that enable services described in this section, including, but not limited to, nonmedical therapies, to be funded directly through participant-directed services, consistent with directives or other guidance issued by the department pursuant to subdivision (e), without the need for consumers, family members, or other representatives to be reimbursed after paying for services or supports upfront. Furthermore, payments for these services shall be aligned with the typical processes used by local businesses or community resources. (d) Effective July 1, 2023, a regional center shall not require a consumer or family member to do any of the following: (1) Exhaust services under the In-Home Supportive Services program (Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of Division 9) in order for their regional center to consider funding or to authorize purchasing social recreation services, camping services, and nonmedical therapies, including, but not limited to, specialized recreation, art, dance, and music. (2) Exchange respite hours or any other service or support authorized by the regional center for service hours of social recreation services, camping services, or nonmedical therapies, including, but not limited to, specialized recreation, art, dance, and music, as a condition of service authorization by the regional center of social recreation services, camping services, and nonmedical therapies. (3) Pay a copayment, or a similar shared pay arrangement aimed at offsetting costs, in order to receive social recreation services, camping services, or nonmedical therapies, including, but not limited to, specialized recreation, art, dance, and music. (e) 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 the provision of social recreation services, camping services, and nonmedical therapies, including, but not limited to, specialized recreation, art, dance, and music, by means of written directives or similar instructions consistent with this section, including, but not limited to, the provision of those services as participant-directed services. (f) (1) (A) By March 1, 2025, regional center staff, including supervisors, program managers, appeals hearing specialists, and employees who are involved in developing and implementing purchase-of-service policies, shall complete training about the services described in this section. The training curriculum shall include, at a minimum, statutes, directives, and policies related to social recreation services, camping services, and nonmedical therapies, including, but not limited to, the requirements and legislative intent of this section. (B) By March 1, 2025, regional centers shall make any training curriculum or materials or other information utilized as part of the training described in subparagraph (A), along with the dates that training was provided to regional center staff, available on the corresponding regional center’s internet website. (2) Training for appeals hearing officers, as required by subdivision (b) of Section 4712, shall include information about statutes, directives, and policies related to social recreation services, camping services, and nonmedical therapies, including, but not limited to, the requirements and legislative intent of this section. (g) As part of its quarterly briefings to the Legislature pursuant to Section 4474.17, the department shall provide, at a minimum, all of the following information on the status of implementation of this section: (1) The number, subject matter, and status or outcome of complaints, received by the Office of Community Operations or by the ombudsperson, related to consumer requests for social recreation, camp, or nonmedical therapies. (2) The numbers and summaries of community concerns and issues obtained by the department pertaining to regional center purchase-of-service policies and procedures regarding the services and supports described in this section. These summaries shall be itemized by regional center and shall include the dates and sources of the concerns or issues. (3) Trends in mediations, appeals, and hearing requests regarding the services and supports described in this section, including, but not limited to, trends related to the number of mediations and appeals by regional center, mediation outcomes, and nature of issues heard and decided on appeal. (4) A summary of any technical assistance provided to regional centers or other department actions taken based on the information described in this subdivision for the purpose of ensuring and improving timely and equitable consumer access to services and supports pursuant to this section and consistent with legislative intent. (5) All data reporting regarding the services described in this section, as required by paragraph (8) of subdivision (a) of Section 4519.5, including the 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. (Amended by Stats. 2024, Ch. 47, Sec. 11. (AB 162) Effective July 2, 2024.)
4688.3.
## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 4. Services and Supports for Persons Living in the Community [4685 - 4689.8] ( Heading of Article 4 amended by Stats. 1992, Ch. 1011, Sec. 20. )
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This section requires state health officials to seek CMS approval for a 1915(i) state plan amendment, directs the department to administer and implement the program, and sets related rulemaking, declaration, consultation, and website-posting 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 4. Services and Supports for Persons Living in the Community [4685 - 4689.8] ( Heading of Article 4 amended by Stats. 1992, Ch. 1011, Sec. 20. ) ## 4688.3. (a) The State Department of Health Care Services and the department shall jointly seek a federal Centers for Medicare and Medicaid Services’ (CMS) approved 1915(i) state plan amendment to expand federal financial participation for services to persons with developmental disabilities provided by regional centers pursuant to Division 4.5 (commencing with Section 4500). (b) Services provided pursuant to this section shall be rendered under the administrative direction of the department. The department may issue program directives to regional centers for implementing the approved state plan amendment. (c) If CMS approves the state plan amendment pursuant to Section 1915(i) of the Social Security Act, the Director of Health Care Services shall execute a declaration stating that this approval has been granted. The director shall retain the declaration and this section shall be implemented commencing on the date that the director executes a declaration pursuant to this subdivision. (d) The department may adopt regulations to implement this section and any sections in Division 4.5 (commencing with Section 4500) necessary to implement the terms of the 1915(i) state plan amendment. 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 the 1915(i) state plan amendment though 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). (f) The department shall consult with stakeholders, as defined in subdivision (k) of Section 4512. (g) The State Department of Health Care Services shall post a copy of, or a link to, the approved state plan amendment and any State Department of Developmental Services regulations or program directives, or both, issued pursuant to this section on its Internet Web site. (Added by Stats. 2009, 4th Ex. Sess., Ch. 9, Sec. 23. Effective July 28, 2009.)
4688.5.
## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 4. Services and Supports for Persons Living in the Community [4685 - 4689.8] ( Heading of Article 4 amended by Stats. 1992, Ch. 1011, Sec. 20. )
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The department may approve certain regional center housing proposals if specified conditions are met, and the regional center may not acquire or develop residential housing property.

## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 4. Services and Supports for Persons Living in the Community [4685 - 4689.8] ( Heading of Article 4 amended by Stats. 1992, Ch. 1011, Sec. 20. ) ## 4688.5. (a) Notwithstanding any other provision of law to the contrary, the department may approve a proposal or proposals by Golden Gate Regional Center, Regional Center of the East Bay, and San Andreas Regional Center to provide for, secure, and assure the full payment of a lease or leases on housing, developed pursuant to this section, based on the availability for occupancy in each home, if all of the following conditions are met: (1) The acquired or developed real property is available for occupancy by individuals eligible for regional center services and is integrated with housing for people without disabilities. (2) The regional center has approved the proposed ownership entity, management entity, and developer or development entity for each project, and, prior to granting the approval, has consulted with the department and has provided to the department a proposal that includes the credentials of the proposed entities. (3) The costs associated with the proposal are reasonable. (4) The proposal includes a plan for a transfer at a time certain of the real property’s ownership to a nonprofit entity to be approved by the regional center. (b) Prior to approving a regional center proposal pursuant to subdivision (a), the department, in consultation with the California Housing Finance Agency and the Department of Housing and Community Development shall review all of the following: (1) The terms and conditions of the financing structure for acquisition and/or development of the real property. (2) Any and all agreements that govern the real property’s ownership, occupancy, maintenance, management, and operation, to ensure that the use of the property is maintained for the benefit of persons with developmental disabilities. (c) No sale encumbrance, hypothecation, assignment, refinancing, pledge, conveyance, exchange or transfer in any other form of the real property, or of any of its interest therein, shall occur without the prior written approval of the department and the Health and Human Services Agency. (d) Notice of the restrictions pursuant to this section shall be recorded against the acquired or developed real property subject to this section. (e) At least 45 days prior to granting approval under subdivision (c), the department shall provide notice to the chairs and vice chairs of the fiscal committees of the Assembly and the Senate, the Secretary of the Health and Human Services Agency, and the Director of Finance. (f) The regional center shall not be eligible to acquire or develop real property for the purpose of residential housing. (Amended by Stats. 2005, Ch. 551, Sec. 1. Effective January 1, 2006.)
4688.6.
## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 4. Services and Supports for Persons Living in the Community [4685 - 4689.8] ( Heading of Article 4 amended by Stats. 1992, Ch. 1011, Sec. 20. )
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The department may approve regional center proposals for housing leases, but only if the proposal meets listed conditions. Regional centers also cannot use purchase-of-service funds for this section unless authorized by law, and sales or other transfers of the real property need prior written 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 4. Services and Supports for Persons Living in the Community [4685 - 4689.8] ( Heading of Article 4 amended by Stats. 1992, Ch. 1011, Sec. 20. ) ## 4688.6. (a) Notwithstanding any other provision of law to the contrary, the department may receive and approve a proposal or proposals by any regional center to provide for, secure, or ensure the full payment of a lease or leases on housing based on the availability for occupancy in each home. These proposals shall not include an adult residential facility for persons with special health care needs, as defined in Section 1567.50 of the Health and Safety Code. Proposals submitted by regional centers shall meet all of the following conditions: (1) The acquired or developed real property is available for occupancy by individuals eligible for regional center services and is integrated with other housing in the community for people without disabilities. (2) The regional center has submitted documents demonstrating the appropriate credentials and terms of the project and has approved the proposed nonprofit ownership entity, management entity, and developer or development entity for each project. (3) The costs associated with the proposal are reasonable and maximize the receipt of federal Medicaid funding. The department shall only approve proposals that include a process for the regional center to review recent sales of comparable properties to ensure the purchase price is within the range of fair market value and, if significant renovations of a home will be undertaken after the home is purchased, competing bids for that renovation work to ensure that the cost of the work is reasonable. For purposes of this subdivision, “significant renovations” means renovations that exceed 5 percent of the purchase price of the home. (4) The proposal includes a plan for a transfer at a time certain of the real property’s ownership to a nonprofit entity to be approved by the regional center. (5) The regional center has submitted, with the proposal, the nonrefundable developer fee established in subdivision (d). (b) Prior to approving a regional center proposal pursuant to subdivision (a), the department may contract or consult with a public or private sector entity that has appropriate experience in structuring complex real estate financial transactions, but is not otherwise involved in any lending related to the project to review any of the following: (1) The terms and conditions of the financing structure for acquisition or development of the real property. (2) Any and all agreements that govern the real property’s ownership, occupancy, maintenance, management, and operation, to ensure that the use of the property is maintained for the benefit of persons with developmental disabilities. (c) The department may impose a limit on the number of proposals considered pursuant to subdivision (a). If a limit is imposed, the department shall notify the Association of Regional Center Agencies. (d) (1) The department shall charge the developer of the housing described in the regional center proposal a reasonable, nonrefundable fee for each proposal submitted. The fee shall be for the purpose of reimbursing the department’s costs associated with conducting the review and approval required by subdivision (b). The fee shall be set by the department within 30 days of the effective date of the act that added this section, and shall be adjusted annually, as necessary, to ensure the payment of the costs incurred by the department. (2) Fees collected shall be deposited in the Developmental Disabilities Services Account established pursuant to Section 14672.9 of the Government Code and shall be used solely for the purpose of conducting the review and approval required by subdivision (b), upon appropriation by the Legislature. Interest and dividends on moneys collected pursuant to this section shall, notwithstanding Section 16305.7 of the Government Code, be retained in the account for purposes of this section. Moneys deposited in the Developmental Disabilities Services Account pursuant to this subdivision shall not be subject to the requirements of subdivision (i) of Section 14672.9 of the Government Code. (3) Notwithstanding paragraph (2), for the 2008–09 fiscal year, the Director of Finance may approve an expenditure of up to seventy-five thousand dollars ($75,000) by the department from moneys deposited in the account for the purposes specified in subdivision (b). In the 2009–10 fiscal year and each fiscal year thereafter, moneys shall be available to the department upon appropriation by the Legislature. (e) No sale, encumbrance, hypothecation, assignment, refinancing, pledge, conveyance, exchange, or transfer in any other form of the real property, or of any of its interest therein, shall occur without the prior written approval of the department and the regional center. (f) Notice of the restrictions pursuant to this section shall be recorded against the acquired or developed real property subject to this section. (g) At least 30 days prior to granting approval under subdivision (e), the department shall provide notice to the chairpersons and vice chairpersons of the fiscal committees of the Assembly and the Senate and the Director of Finance. (h) The regional center shall not be eligible to acquire or develop real property for the purpose of residential housing. (i) Unless otherwise authorized by law, a regional center shall not use purchase of service funds to implement this section. (j) With the exception of funds authorized in paragraph (3) of subdivision (d), this section shall be implemented within the department’s annual budget. This subdivision shall not preclude the receipt or use of federal, state non-General Fund, or private funds to implement this section. (k) The department shall establish guidelines and procedures for the administration of this section. (Amended by Stats. 2009, Ch. 140, Sec. 190. (AB 1164) Effective January 1, 2010.)
4689.
## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 4. Services and Supports for Persons Living in the Community [4685 - 4689.8] ( Heading of Article 4 amended by Stats. 1992, Ch. 1011, Sec. 20. )
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This section sets rules for supported living services: consumers should live in typical homes with supports based on their needs and preferences, and regional centers and providers must deliver, monitor, and coordinate those 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 4. Services and Supports for Persons Living in the Community [4685 - 4689.8] ( Heading of Article 4 amended by Stats. 1992, Ch. 1011, Sec. 20. ) ## 4689. Consistent with state and federal law, the Legislature places a high priority on providing opportunities for adults with developmental disabilities, regardless of the degree of disability, to live in homes that they own or lease with support available as often and for as long as it is needed, when that is the preferred objective in the individual program plan. In order to provide opportunities for adults to live in their own homes, the following procedures shall be adopted: (a) The department and regional centers shall ensure that supported living arrangements adhere to the following principles: (1) Consumers shall be supported in living arrangements that are typical of those in which persons without disabilities reside. (2) The services or supports that a consumer receives shall change as their needs change without the consumer having to move elsewhere. (3) The consumer’s preference shall guide decisions concerning where and with whom the consumer lives. (4) Consumers shall have control over the environment within their own home. (5) The purpose of furnishing services and supports to a consumer shall be to assist that individual to exercise choice in their life while building critical and durable relationships with other individuals. (6) The services or supports shall be flexible and tailored to a consumer’s needs and preferences. (7) Services and supports are most effective when furnished where a person lives and within the context of the person’s day-to-day activities. (8) Consumers shall not be excluded from supported living arrangements based solely on the nature and severity of their disabilities. (b) Regional centers may contract with agencies or individuals to assist consumers in securing their own homes and to provide consumers with the supports needed to live in their own homes. (c) The range of supported living services and supports available include, but are not limited to, assessment of consumer needs; assistance in finding, modifying and maintaining a home; facilitating circles of support to encourage the development of unpaid and natural supports in the community; advocacy and self-advocacy facilitation; development of employment goals; social, behavioral, and daily living skills training and support; development and provision of 24-hour emergency response systems; securing and maintaining adaptive equipment and supplies; recruiting, training, and hiring individuals to provide personal care and other assistance, including in-home supportive services workers, paid neighbors, and paid roommates; providing respite and emergency relief for personal care attendants; and facilitating community participation. Assessment of consumer needs may begin before 18 years of age to enable the consumer to move to their own home when they reach 18 years of age. (d) Regional centers shall provide information and education to consumers and their families about supported living principles and services. (e) Regional centers shall monitor and ensure the quality of services and supports provided to individuals living in homes that they own or lease. Monitoring shall take into account all of the following: (1) Adherence to the principles set forth in this section. (2) Whether the services and supports outlined in the consumer’s individual program plan are congruent with the choices and needs of the individual. (3) Whether services and supports described in the consumer’s individual program plan are being delivered. (4) Whether services and supports are having the desired effects. (5) Whether the consumer is satisfied with the services and supports. (f) The planning team, established pursuant to subdivision (j) of Section 4512, for a consumer receiving supported living services shall confirm that all appropriate and available sources of natural and generic supports have been utilized to the fullest extent possible for that consumer. (g) Regional centers shall utilize the same supported living provider for consumers who reside in the same domicile, provided that each individual consumer’s particular needs can still be met pursuant to their individual program plans. (h) Rent, mortgage, and lease payments of a supported living home and household expenses shall be the responsibility of the consumer and any roommate who resides with the consumer. (i) A regional center may make rent, mortgage, or lease payments on a supported living home, or pay for household expenses of consumers receiving supported living services only under the following circumstances: (1) If all of the following conditions are met, a regional center may make rent, mortgage, or lease payments as follows: (A) The regional center executive director verifies in writing that making the rent, mortgage, or lease payments or paying for household expenses is required to meet the specific care needs unique to the individual consumer as set forth in an addendum to the consumer’s individual program plan, and is required when a consumer’s demonstrated risk of homelessness, medical, behavioral, or psychiatric condition presents a health and safety risk to the consumer or another. (B) During the time period that a regional center is making rent, mortgage, or lease payments, or paying for household expenses, the supported living services vendor shall assist the consumer in accessing all sources of generic and natural supports consistent with the needs of the consumer. (C) The regional center shall not make rent, mortgage, or lease payments on a supported living home or pay for household expenses for more than six months, unless the regional center finds that it is necessary to meet the individual consumer’s particular needs pursuant to the consumer’s individual program plan. The regional center shall review a finding of necessity on a quarterly basis and the regional center executive director shall annually verify in an addendum to the consumer’s individual program plan that the requirements set forth in subparagraph (A) continue to be met. (2) A regional center that has been contributing to rent, mortgage, or lease payments or paying for household expenses prior to July 1, 2009, shall at the time of development, review, or modification of a consumer’s individual program plan determine if the conditions in paragraph (1) are met. If the planning team determines that these contributions are no longer appropriate under this section, a reasonable time for transition, not to exceed six months, shall be permitted. (j) All paid roommates and live-in support staff in supported living arrangements in which regional centers have made rent, mortgage, or lease payments, or have paid for household expenses pursuant to subdivision (i) shall pay their share of the rent, mortgage, or lease payments or household expenses for the supported living home, subject to the requirements of Industrial Welfare Commission Order No. 15-2001 and the Housing Choice Voucher Program, as set forth in Section 1437f of Title 42 of the United States Code. (k) Regional centers shall ensure that the supported living services vendors’ administrative costs are necessary and reasonable, given the particular services that they are providing and the number of consumers to whom the vendor provides services. Administrative costs shall be limited to allowable costs for community-based day programs, as defined in Section 57434 of Title 17 of the California Code of Regulations, or its successor. (l) Regional centers shall ensure that the most cost effective of the rate methodologies is utilized to determine the negotiated rate for vendors of supported living services, consistent with Section 4689.8 and Title 17 of the California Code of Regulations. (m) For purposes of this section, “household expenses” means general living expenses and includes, but is not limited to, utilities paid and food consumed within the home. (n) A supported living services provider shall provide assistance to a consumer who is a Medi-Cal beneficiary in applying for in-home supportive services, as set forth in Section 12300, within five days of the consumer moving into a supported living services arrangement. (o) For consumers receiving supported living services who share a household with one or more adults receiving supported living services, efficiencies in the provision of service may be achieved if some tasks can be shared, meaning the tasks can be provided at the same time while still ensuring that each person’s individual needs are met. These tasks shall only be shared to the extent they are permitted under the Labor Code and related regulations, including, but not limited to, Industrial Welfare Commission Minimum Wage Order No. 15. The planning team, as defined in subdivision (j) of Section 4512, at the time of development, review, or modification of a consumer’s individual program plan (IPP), for housemates currently in a supported living arrangement or planning to move together into a supported living arrangement, or for consumers who live with a housemate not receiving supported living services who is responsible for the task, shall consider, with input from the service provider, whether any tasks, such as meal preparation and cleanup, menu planning, laundry, shopping, general household tasks, or errands can appropriately be shared. If tasks can be appropriately shared, the regional center shall purchase the prorated share of the activity. Upon a determination of a reduction in services pursuant to this section, the regional center shall inform the consumer of the reason for the determination, and shall provide a written notice of fair hearing rights pursuant to Section 4701. (p) (1) To ensure that consumers in or entering into supported living arrangements receive the appropriate amount and type of supports to meet the person’s choice and needs as determined by the IPP team, and that generic resources are utilized to the fullest extent possible, the IPP team shall complete a standardized assessment questionnaire at the time of development, review, or modification of a consumer’s IPP. The questionnaire shall be used during the individual program plan meetings, in addition to the provider’s assessment, to assist in determining whether the services provided or recommended are necessary and sufficient and that the most cost-effective methods of supported living services are utilized. With input from stakeholders, including regional centers, the department shall develop and post the questionnaire on its internet website, and, by June 30, 2012, shall provide it to the regional centers. (2) Supported living service providers shall conduct comprehensive assessments for the purpose of getting to know the consumer they will be supporting and developing a support plan congruent with the choices and needs of the individual and consistent with the principles of supported living set forth in this section and in Subchapter 19 (commencing with Section 58600) of Chapter 3 of Division 2 of Title 17 of the California Code of Regulations. The independent assessment required by this paragraph is not intended to take the place of or repeat the service provider’s comprehensive assessment. (3) Upon a determination of a reduction in services pursuant to this section, the regional center shall inform the consumer of the reason for the determination, and shall provide a written notice of fair hearing rights pursuant to Section 4701. (4) This section does not preclude the completion of an independent assessment. (Amended by Stats. 2024, Ch. 441, Sec. 2. (AB 3291) Effective January 1, 2025.)
4689.05.
## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 4. Services and Supports for Persons Living in the Community [4685 - 4689.8] ( Heading of Article 4 amended by Stats. 1992, Ch. 1011, Sec. 20. )
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Regional centers may not buy certain supportive or supported living services in ways that replace or exceed IHSS, except for a waiver in extraordinary circumstances.

## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 4. Services and Supports for Persons Living in the Community [4685 - 4689.8] ( Heading of Article 4 amended by Stats. 1992, Ch. 1011, Sec. 20. ) ## 4689.05. (a) A regional center shall not purchase supportive services, as defined in Section 12300, for a consumer who meets the criteria to receive, but declines to apply for, in-home supportive services (IHSS) benefits, as set forth in Section 12300, except as set forth in subdivision (d). (b) Consistent with Section 4648, a regional center shall not purchase supported living services for a consumer to supplant IHSS. (c) Between the date that a consumer applies for IHSS and the date that a consumer’s application for IHSS is approved, a regional center shall not purchase supportive services for the consumer at a rate that exceeds the IHSS hourly rate, which includes the IHSS provider hourly wage, the provider’s hourly payroll taxes, and the hourly administrative costs, for the county in which the consumer resides. (d) A regional center executive director may waive the requirements set forth in subdivision (a) if the executive director finds that extraordinary circumstances warrant the waiver, and that a finding is documented in an addendum to the consumer’s individual program plan. (Added by Stats. 2009, 4th Ex. Sess., Ch. 9, Sec. 25. Effective July 28, 2009.)
4689.1.
## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 4. Services and Supports for Persons Living in the Community [4685 - 4689.8] ( Heading of Article 4 amended by Stats. 1992, Ch. 1011, Sec. 20. )
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This section sets rules for family home agencies, family homes, and family teaching homes for adults with developmental disabilities, including definitions, a department rulemaking duty, reimbursement limits, and consent before placement for a person with a conservator.

## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 4. Services and Supports for Persons Living in the Community [4685 - 4689.8] ( Heading of Article 4 amended by Stats. 1992, Ch. 1011, Sec. 20. ) ## 4689.1. (a) The Legislature declares that it places a high priority on providing opportunities for adults with developmental disabilities to live with families approved by family home agencies and to receive services and supports in those settings as determined by the individual program plan. Family home agencies may offer services and supports in family homes or family teaching homes. All requirements of this section and Sections 4689.2 to 4689.6, inclusive, shall apply to a family home and a family teaching home. (b) For purposes of this section, “family home” means a home that is owned, leased, or rented by, and is the family residence of, the family home provider or providers, and in which services and supports are provided to a maximum of two adults with developmental disabilities regardless of their degree of disability, and who do not require continuous skilled nursing care. (c) For purposes of this section, “family teaching home” means a home that is owned, leased, or rented by the family home agency wherein the family home provider and the individual have independent residences, either contiguous or attached, and in which services and supports are provided to a maximum of three adults with developmental disabilities regardless of their degree of disability, and who do not require continuous skilled nursing care. (d) For purposes of this section, “family home agency” means a private for-profit or not-for-profit agency that is vendored to do all of the following: (1) Recruit, approve, train, and monitor family home providers. (2) Provide social services and in-home support to family home providers. (3) Assist adults with developmental disabilities in moving into approved family homes. (e) For purposes of ensuring that regional centers may secure high-quality services that provide supports in natural settings and promote inclusion and meaningful participation in community life for adults with developmental disabilities, the department shall promulgate regulations for family home agencies, family teaching homes, and family homes that shall include, but not be limited to, standards and requirements related to all of the following: (1) Selection criteria for regional centers to apply in vendoring family home agencies, including, but not limited to, all of the following: (A) The need for service. (B) The experience of the agency or key personnel in providing the same or comparable services. (C) The reasonableness of the agency’s overhead. (D) The capability of the regional center to monitor and evaluate the vendor. (2) Vendorization. (3) Operation of family home agencies, including, but not limited to, all of the following: (A) Recruitment. (B) Approval of family homes. (C) Qualifications, training, and monitoring of family home providers. (D) Assistance to consumers in moving into approved family homes. (E) The range of services and supports to be provided. (F) Family home agency staffing levels, qualifications, and training. (4) Program design. (5) Program and consumer records. (6) Family homes. (7) Rates of payment for family home agencies and approved family home providers. Regional center reimbursement to family home agencies for services in a family home shall not exceed rates established pursuant to subdivision (b) of Section 4681.5 for individuals who reside in a community care facility, as defined in Section 1502 of the Health and Safety Code, that is vendored for four beds or fewer. (8) The department and regional center’s monitoring and evaluation of the family home agency and approved homes, which shall be designed to ensure that services do all of the following: (A) Conform to applicable laws and regulations and provide for the consumer’s health and well-being. (B) Assist the consumer in understanding and exercising their individual rights. (C) Are consistent with the family home agency’s program design and the consumer’s individual program plan. (D) Maximize the consumer’s opportunities to have choices in where the consumer lives, works, and socializes. (E) Provide a supportive family home environment, available to the consumer 24 hours per day, that is clean, comfortable, and accommodating to the consumer’s cultural preferences, values, and lifestyle. (F) Are satisfactory to the consumer, as indicated by the consumer’s quality of life as assessed by the consumer, their family, and, if appointed, conservator, or significant others, or all of these, as well as by evaluation of outcomes relative to individual program plan objectives. (9) Monthly monitoring visits by family home agency social service staff to approved family homes and family teaching homes. (10) Procedures whereby the regional center and the department may enforce applicable provisions of law and regulation, investigate allegations of abuse or neglect, and impose sanctions on family home agencies and approved family homes and family teaching homes, including, but not limited to, all of the following: (A) Requiring movement of a consumer from a family home under specified circumstances. (B) Termination of approval of a family home or family teaching home. (C) Termination of the family home agency’s vendorization. (11) Appeal procedures. (f) Each adult with developmental disabilities placed in a family home or family teaching home shall have the rights specified in this division, including, but not limited to, the rights specified in Section 4503. (g) Prior to placement in a family home of an adult with developmental disabilities who has a conservator, consent of the conservator shall be obtained. (h) The adoption of any emergency regulations to implement this section that are filed with the Office of Administrative Law within one year of the date on which the act that added this section took effect shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare. (Amended by Stats. 2023, Ch. 44, Sec. 22. (AB 121) Effective July 10, 2023.)
4689.2.
## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 4. Services and Supports for Persons Living in the Community [4685 - 4689.8] ( Heading of Article 4 amended by Stats. 1992, Ch. 1011, Sec. 20. )
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This section requires fingerprint-based criminal history checks for certain people connected to family home agencies and family homes, and it allows denial, removal, or exemption decisions based on the 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 4. Services and Supports for Persons Living in the Community [4685 - 4689.8] ( Heading of Article 4 amended by Stats. 1992, Ch. 1011, Sec. 20. ) ## 4689.2. (a) It is the intent of the Legislature in enacting this section to require the filing of fingerprints of those individuals whose contact with consumers receiving services and supports from family home agencies, as defined in subdivision (c) of Section 4689.1, and family homes, as defined in subdivision (b) of Section 4689.1, may pose a risk to the consumers’ health and safety. (b) As part of the vendor approval process for family home agencies and family homes, the State Department of Developmental Services shall secure from the Department of Justice and, if applicable, the Federal Bureau of Investigation, a full criminal history to determine whether the applicant or any other person specified in subdivision (c) has ever been convicted of, or arrested for, a crime other than a minor traffic violation. If it is found that the applicant, or any other person specified in subdivision (c), has been convicted of, or is awaiting trial for, a crime other than a minor traffic violation, the vendor application shall be denied, unless the director grants an exemption pursuant to subdivision (f). If no criminal record information has been recorded, the Department of Justice shall provide the applicant and the State Department of Developmental Services with a statement of that fact. (c) In addition to the applicant, this section shall be applicable to criminal convictions of the following persons: (1) Adults responsible for administration or direct supervision of staff. (2) Any adult other than a consumer residing in the family home. (3) Any adult who provides assistance to the consumer in dressing, grooming, bathing, or personal hygiene. (4) Any staff person, employee, consultant, or volunteer who has frequent and routine contact with the consumer. In determining who has frequent contact, any consultant or volunteer shall be exempt unless the volunteer is used to replace or supplement staff or family home personnel in providing services or supports, or both, to consumers. In determining who has routine contact, staff and employees under direct onsite supervision of the family home agency and who are not providing direct services and supports or who have only occasional or intermittent contact with consumers shall be exempt. (5) The executive director of the entity applying for vendorization or other person serving in like capacity. (6) Officers of the governing body of the applicant, or other persons with a financial interest in the applicant, as determined necessary by the department by regulation. The criteria used in the development of these regulations shall be based on the person’s capability to exercise substantial influence over the operation of the family home agency or family home. (d) (1) Subsequent to vendorization, any person specified in subdivision (c) and not exempted from fingerprinting shall, as a condition to employment, residence, or presence in a family home agency or a family home, be fingerprinted and sign a declaration under penalty of perjury regarding any prior criminal convictions. The vendor shall submit these fingerprints to the Department of Justice not later than four calendar days following employment, residence, or initial presence in the family home agency or family home. These fingerprints shall be on a card provided by the State Department of Developmental Services for the purpose of obtaining a permanent set of fingerprints. If fingerprints are not submitted to the Department of Justice, as required in this section, that failure shall result in a sanction and the fingerprints shall then be submitted to the State Department of Developmental Services for processing. Upon request of the vendor, who shall enclose a self-addressed stamped postcard for this purpose, the Department of Justice shall verify receipt of the fingerprints. (2) Within 30 calendar days of the receipt of the fingerprints, the Department of Justice shall notify the State Department of Developmental Services of the criminal record information, as provided in subdivision (b). If no criminal record information has been recorded, the Department of Justice shall provide the vendor and the State Department of Developmental Services with a statement of that fact within 15 calendar days of receipt of the fingerprints. If new fingerprints are required for processing, the Department of Justice shall, within 15 calendar days from the date of receipt of the fingerprints, notify the vendor that the fingerprints were illegible. (3) (A) Except for persons specified in paragraph (2) of subdivision (c), the vendor shall endeavor to ascertain the previous employment history of persons required to be fingerprinted under this subdivision. If it is determined by the State Department of Developmental Services, on the basis of the fingerprints submitted to the Department of Justice, that the person has been convicted of, or is awaiting trial for, a sex offense against a minor, or has been convicted for an offense specified in Section 243.4, 273a, 273d, or subdivision (a) or (b) of Section 368 of the Penal Code, or has been convicted of a felony, the State Department of Developmental Services shall notify the vendor to act immediately to terminate the person’s employment, remove the person from the family home, or bar the person from entering the family home. The State Department of Developmental Services may subsequently grant an exemption pursuant to subdivision (f). (B) If the conviction or arrest was for another crime, except a minor traffic violation, the vendor shall, upon notification by the State Department of Developmental Services, act immediately to do either of the following: (i) Terminate the person’s employment, remove the person from the family home, or bar the person from entering the family home. (ii) Seek an exemption pursuant to subdivision (f). The State Department of Developmental Services shall determine if the person shall be permitted to remain in the family home until a decision on the exemption is rendered. (e) For purposes of this section or any other provision of this chapter, a conviction means a plea or verdict of guilty or a conviction following a plea of nolo contendere. Any action that the State Department of Developmental Services is permitted to take following the establishment of a conviction may be taken when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal or when an order granting probation is made suspending the imposition of sentence, notwithstanding a subsequent order pursuant to Sections 1203.4 and 1203.4a of the Penal Code permitting the person to withdraw his or her plea of guilty, or dismissing the accusation, information, or indictment. For purposes of this section or any other provision of this chapter, the record of a conviction, or a copy thereof certified by the clerk of the court or by a judge of the court in which the conviction occurred, shall be conclusive evidence of the conviction. For purposes of this section or any other provision of this chapter, the arrest disposition report certified by the Department of Justice and, if applicable, the Federal Bureau of Investigation, or documents admissible in a criminal action pursuant to Section 969b of the Penal Code, shall be prima facie evidence of the conviction, notwithstanding any other provision of law prohibiting the admission of these documents in a civil or administrative action. (f) After review of the record, the Director of Developmental Services may grant an exemption from denial of vendor approval pursuant to subdivision (b), or for employment in a family home agency or family home of residence or presence in a family home as specified in subdivision (c), if the director has substantial and convincing evidence to support a reasonable belief that the applicant and the person convicted of the crime, if other than the applicant, are of such good character as to justify vendor approval or granting an exemption for purposes of subdivision (c). Except as otherwise provided in this subdivision, no exemption shall be granted if the conviction was for an offense specified in Section 220, 243.4, 264.1, paragraph (1) of subdivision (a) of Section 273a, Section 273d, 288, 289, or subdivision (a) or (b) of Section 368 of the Penal Code, or for another crime against an individual specified in subdivision (c) of Section 667.5 of the Penal Code. The director may grant an exemption if the employee, prospective employee, or other person identified in subdivision (c) who was convicted of a crime against an individual in paragraph (1), (2), (7), or (8) of subdivision (c) of Section 667.5 of the Penal Code, has been rehabilitated as provided in Section 4852.03 of the Penal Code and has maintained the conduct required in Section 4852.05 of the Penal Code for at least 10 years and has the recommendation of the district attorney representing the employee’s county of residence, or if the employee, prospective employee, or other persons identified in subdivision (c) has received a certificate of rehabilitation pursuant to Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3 of the Penal Code. (g) For purposes of compliance with this section, the department may permit an individual to transfer a current criminal record clearance, as described in subdivision (b), from one family home agency or family home to another, as long as the criminal record clearance has been processed through the State Department of Developmental Services. (h) If a family home agency or a family home is required by law to deny employment or to terminate employment of any employee based on written notification from the state department pursuant to subdivision (c) the family home agency or the family home shall not incur civil liability or unemployment insurance liability as a result of that denial or termination. (Amended by Stats. 1995, Ch. 546, Sec. 1. Effective January 1, 1996.)
4689.3.
## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 4. Services and Supports for Persons Living in the Community [4685 - 4689.8] ( Heading of Article 4 amended by Stats. 1992, Ch. 1011, Sec. 20. )
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A family home agency must not place an adult with developmental disabilities in a family home until it has a criminal record clearance, unless subdivision (b) or (c) applies.

## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 4. Services and Supports for Persons Living in the Community [4685 - 4689.8] ( Heading of Article 4 amended by Stats. 1992, Ch. 1011, Sec. 20. ) ## 4689.3. (a) A family home agency shall not place an adult with developmental disabilities in a family home until the family home agency has received a criminal record clearance from the State Department of Developmental Services pursuant to Section 4689.2, except as provided in subdivisions (b) and (c). (b) Any peace officer, or other category of person approved by the department subject to criminal record clearance as a condition of employment, and who has submitted fingerprints and executed a declaration regarding criminal convictions, may receive an adult with developmental disabilities in placement pending the receipt of a criminal record clearance when the family home has met all other requirements for vendor approval. (c) Any person currently approved as a vendor pursuant to this chapter by the department when the family home has met all other requirements, and who has submitted fingerprints and executed a declaration regarding criminal convictions, may receive, or continue, an adult with developmental disabilities in placement pending the receipt of a criminal record clearance. (Added by Stats. 1994, Ch. 1095, Sec. 9. Effective September 29, 1994.)
4689.4.
## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 4. Services and Supports for Persons Living in the Community [4685 - 4689.8] ( Heading of Article 4 amended by Stats. 1992, Ch. 1011, Sec. 20. )
Verify source ↗

The State Department of Developmental Services may deny or end vendorization as a family home agency or family home if the applicant, vendor, or another listed person has ever been convicted of a crime, except a minor traffic violation.

## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 4. Services and Supports for Persons Living in the Community [4685 - 4689.8] ( Heading of Article 4 amended by Stats. 1992, Ch. 1011, Sec. 20. ) ## 4689.4. The State Department of Developmental Services may deny an application for vendorization or terminate vendorization as a family home agency or family home upon the grounds that the applicant for vendorization, the vendor, or any other person mentioned in Section 4689.2 has been convicted at any time of a crime, except a minor traffic violation. (Added by Stats. 1994, Ch. 1095, Sec. 10. Effective September 29, 1994.)
4689.5.
## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 4. Services and Supports for Persons Living in the Community [4685 - 4689.8] ( Heading of Article 4 amended by Stats. 1992, Ch. 1011, Sec. 20. )
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This section sets the procedure for termination or denial of vendorization for a family home agency or family home, requires proceedings to follow Government Code Chapter 5, sets a preponderance-of-the-evidence standard, gives a 90-day hearing timeline, limits continuances after setting a hearing to the administrative law judge, and lets the department pay certain witness 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 4. Services and Supports for Persons Living in the Community [4685 - 4689.8] ( Heading of Article 4 amended by Stats. 1992, Ch. 1011, Sec. 20. ) ## 4689.5. (a) Proceeding for the termination, or denial of vendorization as a family home agency or family home pursuant to Section 4689.4 shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the State Department of Developmental Services shall have all the powers granted by Chapter 5. In the event of conflict between this section and Chapter 5, Chapter 5 shall prevail. (b) In all proceedings conducted in accordance with this section, the standard of proof to be applied shall be a preponderance of the evidence. (c) The hearing shall be held within 90 calendar days after receipt of the notice of defense, unless a continuance of the hearing is granted by the department or the administrative law judge. When the matter has been set for hearing, only the administrative law judge may grant a continuance of the hearing. The administrative law judge may grant a continuance of the hearing, but only upon finding the existence of one or more of the following: (1) The death or incapacitating illness of a party, a representative or attorney of a party, a witness to an essential fact, or of the parent, child, or member of the household of that person, when it is not feasible to substitute another representative, attorney, or witness because of the proximity of the hearing date. (2) Lack of notice of hearing as provided in Section 11509 of the Government Code. (3) A material change in the status of the case where a change in the parties or pleadings requires postponement, or an executed settlement or stipulated findings of fact obviate the need for hearing. A partial amendment of the pleadings shall not be good cause for continuance to the extent that the unamended portion of the pleadings is ready to be heard. (4) A stipulation for continuance signed by all parties or their authorized representatives that is communicated with the request for continuance to the administrative law judge no later than 25 business days before the hearing. (5) The substitution of the representative or attorney of a party upon showing that the substitution is required. (6) The unavailability of a party, representative, or attorney of a party, or witness to an essential fact due to a conflicting and required appearance in a judicial matter if when the hearing date was set, the person did not know and could neither anticipate nor at any time avoid the conflict, and the conflict with request for continuance is immediately communicated to the administrative law judge. (7) The unavailability of a party, a representative or attorney of a party, or a material witness due to an unavoidable emergency. (8) Failure by a party to comply with a timely discovery request if the continuance request is made by the party who requested the discovery. (d) In addition to the witness fees and mileage provided by Section 11450.40 of the Government Code, the department may pay actual, necessary, and reasonable expenses in an amount not to exceed the per diem allowance payable to a nonrepresented state employee on travel status. The department may pay witness expenses in advance of the hearing. (Amended by Stats. 1995, Ch. 938, Sec. 94. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938.)
4689.6.
## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 4. Services and Supports for Persons Living in the Community [4685 - 4689.8] ( Heading of Article 4 amended by Stats. 1992, Ch. 1011, Sec. 20. )
Verify source ↗

The department may bar certain employees or prospective employees from working in or being present in a family home, and it must follow notice and hearing procedures.

## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 4. Services and Supports for Persons Living in the Community [4685 - 4689.8] ( Heading of Article 4 amended by Stats. 1992, Ch. 1011, Sec. 20. ) ## 4689.6. (a) The State Department of Developmental Services may prohibit a vendor from employing, or continuing the employment of, or allowing in a family home, or allowing contact with any adult with a developmental disability placed in a family home by, any employee or prospective employee, who has been denied an exemption to work or to be present in a facility, when that person has been convicted of a crime, except a minor traffic violation. (b) The employee or prospective employee, and the vendor shall be given written notice of the basis of the department’s action and of the employee’s or prospective employee’s right to a hearing. The notice shall be served either by personal service or by registered mail. Within 15 days after the department serves the notice, the employee or prospective employee may file with the department a written request for a hearing. If the employee or prospective employee fails to file a written request for a hearing within the prescribed time, the department’s action shall be final. (c) (1) The department may require the immediate exclusion of an employee or prospective employee from a family home agency or family home pending a final decision of the matter, when, in the opinion of the director, the action is necessary to protect any adult with a developmental disability placed in the family home from physical or mental abuse, abandonment, or any other substantial threat to his or her health and safety. (2) If the department requires the immediate exclusion of an employee or prospective employee from a family home agency or family home, the department shall serve an order of immediate exclusion upon the employee or prospective employee that shall notify the employee or prospective employee of the basis of the department’s action and of the employee’s or prospective employee’s right to a hearing. (3) Within 15 days after the department serves an order of immediate exclusion, the employee or prospective employee may file a written request for a hearing with the department. The department’s action shall be final if the employee or prospective employee does not file a request for a hearing within the prescribed time. The department shall do the following upon receipt of a written request for a hearing: (A) Within 80 days of receipt of the request for a hearing, serve an accusation upon the employee or prospective employee. (B) Within 60 days of receipt of a notice of defense by the employee or prospective employee pursuant to Section 11506 of the Government Code, conduct a hearing on the statement of issues. (4) An order of immediate exclusion of the employee or prospective employee from the family home agency or family home shall remain in effect until the hearing is completed and the director has made a final determination on the merits. However, the order of immediate exclusion shall be deemed vacated if the director fails to make a final determination on the merits within 60 days after the original hearing has been completed. (d) An employee or prospective employee who files a written request for a hearing with the department pursuant to this section shall, as part of the written request, provide his or her current mailing address. The employee or prospective employee shall subsequently notify the department in writing of any change in mailing address, until the hearing process has been completed or terminated. (e) Hearings held pursuant to this section shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. The standard of proof shall be the preponderance of the evidence and the burden of proof shall be on the department. (f) The department may institute or continue a disciplinary proceeding against an employee or prospective employee upon any ground provided by this section, or enter an order prohibiting the employee’s or prospective employee’s employment or presence in the family home agency or family home or otherwise take disciplinary action against the employee or prospective employee, notwithstanding any resignation, withdrawal of employment application, or change of duties by the employee or prospective employee, or any discharge, failure to hire, or reassignment of the employee or prospective employee by the vendor. (g) A vendor’s failure to comply with the department’s prohibition of employment or presence in the family home agency or family home shall be grounds for disciplining the vendor pursuant to Section 4689.4. (Added by Stats. 1994, Ch. 1095, Sec. 12. Effective September 29, 1994.)
4689.7.
## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 4. Services and Supports for Persons Living in the Community [4685 - 4689.8] ( Heading of Article 4 amended by Stats. 1992, Ch. 1011, Sec. 20. )
Verify source ↗

The department must, by July 1, 2002, adopt a regulation setting an equitable, cost-effective method for calculating supported living costs and paying supported living 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 4. Services and Supports for Persons Living in the Community [4685 - 4689.8] ( Heading of Article 4 amended by Stats. 1992, Ch. 1011, Sec. 20. ) ## 4689.7. (a) For the 1998–99 fiscal year, levels of payment for supported living service providers that are vendored pursuant to Section 4689 shall be increased based on the amount appropriated in this section for the purpose of increasing the salary, wage, and benefits for direct care workers providing supported living services. (b) The sum of five million fifty-seven thousand dollars ($5,057,000) is hereby appropriated in augmentation of the appropriations made in the Budget Act of 1998 to implement this section as follows: (1) The sum of two million four hundred five thousand dollars ($2,405,000) is hereby appropriated from the General Fund to the State Department of Health Services in augmentation of the appropriation made in Item 4260-101-0001. (2) The sum of two million five hundred fifty-one thousand dollars ($2,551,000) is hereby appropriated from the Federal Trust Fund to the State Department of Health Services in augmentation of the appropriation made in Item 4260-101-0890. (3) The sum of one hundred one thousand dollars ($101,000) is hereby appropriated from the General Fund to the Department of Developmental Services in augmentation of the appropriation made in Item 4300-101-0001, scheduled as follows: 10.10—Regional Centers (b) 10.10.020 Purchase of Services $5,057,000 (e) Reimbursements −$4,956,000 (c) By July 1, 2002, in consultation with stakeholder organizations, the department shall establish by regulation, an equitable and cost-effective methodology for the determination of supported living costs and a methodology of payment for providers of supported living services. The methodology shall consider the special needs of persons with developmental disabilities and the quality of services to be provided. (Amended by Stats. 2000, Ch. 93, Sec. 48. Effective July 7, 2000.)
4689.8.
## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 4. Services and Supports for Persons Living in the Community [4685 - 4689.8] ( Heading of Article 4 amended by Stats. 1992, Ch. 1011, Sec. 20. )
Verify source ↗

Regional centers are restricted from paying or negotiating certain supported living service rates above specified caps, and must annually certify median rates.

## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 4. Services and Supports for Persons Living in the Community [4685 - 4689.8] ( Heading of Article 4 amended by Stats. 1992, Ch. 1011, Sec. 20. ) ## 4689.8. Notwithstanding any other law or regulation, commencing July 1, 2008: (a) No regional center may pay an existing supported living service provider, for services where rates are determined through a negotiation between the regional center and the provider, a rate higher than the rate in effect on June 30, 2008, unless the increase is required by a contract between the regional center and the vendor that is in effect on June 30, 2008, or the regional center demonstrates that the approval is necessary to protect the consumer’s health or safety and the department has granted prior written authorization. (b) No regional center may negotiate a rate with a new supported living service provider, for services where rates are determined through a negotiation between the regional center and the provider, that is higher than the regional center’s median rate for the same service code and unit of service, or the statewide median rate for the same service code and unit of service, whichever is lower. The unit of service designation shall conform with an existing regional center designation or, if none exists, a designation used to calculate the statewide median rate for the same service. The regional center shall annually certify to the State Department of Developmental Services its median rate for each negotiated rate service code, by designated unit of service. This certification shall be subject to verification through the department’s biennial fiscal audit of the regional center. (c) Notwithstanding any other law or regulation, commencing July 1, 2016, and to the extent funds are appropriated in the annual Budget Act for this purpose, the rates in effect on June 30, 2016, for supported living services, as defined in Subchapter 19 of Chapter 3 of Division 2 of Title 17 of the California Code of Regulations, shall be increased by 5 percent. The increase shall be applied as a percentage, and the percentage shall be the same for all providers. (Amended by Stats. 2016, 2nd Ex. Sess., Ch. 3, Sec. 5. (AB 1 2x) Effective June 9, 2016.)
4690.
## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 5. Regional Center Rates for Nonresidential Services [4690 - 4694] ( Article 5 added by Stats. 1977, Ch. 1252. )
Verify source ↗

The Director of Developmental Services must set and keep an equitable rate-setting process for certain regional center nonresidential services, may issue related regulations, and may require vendors to provide 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 5. Regional Center Rates for Nonresidential Services [4690 - 4694] ( Article 5 added by Stats. 1977, Ch. 1252. ) ## 4690. The Director of Developmental Services shall establish, maintain, and revise, as necessary, an equitable process for setting rates of state payment for nonresidential services purchased by regional centers, and may promulgate regulations establishing program standards, or the process to be used for setting these rates, or both, in order to assure that regional centers may secure high-quality services for developmentally disabled persons from individuals or agencies vendored to provide these services. In developing the rates pursuant to regulation, the director may require vendors to submit program, cost, or other information, as necessary. The director shall take into account the rates paid by other agencies and jurisdictions for comparable services in order to assure that regional center rates are at competitive levels. In no event shall rates established pursuant to this article be any less than those established for comparable services under the Medi-Cal program. (Amended by Stats. 1989, Ch. 1396, Sec. 2. Effective October 2, 1989.)
4690.1.
## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 5. Regional Center Rates for Nonresidential Services [4690 - 4694] ( Article 5 added by Stats. 1977, Ch. 1252. )
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The department must, by March 1, 1986, develop a cost statement for setting rates for transportation service providers, after consulting specified regional center representatives and 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 5. Regional Center Rates for Nonresidential Services [4690 - 4694] ( Article 5 added by Stats. 1977, Ch. 1252. ) ## 4690.1. (a) By March 1, 1986, the department, in consultation with representatives of regional centers and providers of transportation services to regional center clients, shall develop a cost statement to be used in setting rates for providers of transportation services. (b) Notwithstanding subdivision (a), the department may develop alternative procedures for establishing rates for providers of transportation services, including, but not limited to, a noncompetitive process and a competitive process for use by regional centers in which rates of reimbursement are established based on contract bids or proposals. (Amended by Stats. 1989, Ch. 973, Sec. 1. Effective September 29, 1989.)
4690.2.
## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 5. Regional Center Rates for Nonresidential Services [4690 - 4694] ( Article 5 added by Stats. 1977, Ch. 1252. )
Verify source ↗

The Director of Developmental Services must set standards and a rate-setting process for in-home respite services, and regional centers must post service policies and respite-service procedures/tools 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 5. Regional Center Rates for Nonresidential Services [4690 - 4694] ( Article 5 added by Stats. 1977, Ch. 1252. ) ## 4690.2. (a) The Director of Developmental Services shall develop program standards and establish, maintain, and revise, as necessary, an equitable process for setting rates of state payment, based upon those standards, for in-home respite services purchased by regional centers from agencies vendored to provide these services. The Director of Developmental Services may promulgate regulations establishing these standards and the process to be used for setting rates. “In-home respite services” means intermittent or regularly scheduled temporary nonmedical care and supervision provided in the client’s own home, for a regional center client who resides with a family member. These services are designed to do all of the following: (1) Assist family members in maintaining the client at home. (2) Provide appropriate care and supervision to ensure the client’s safety in the absence of family members. (3) Relieve family members from the constantly demanding responsibility of caring for the client. (4) Attend to the client’s basic self-help needs and other activities of daily living including interaction, socialization, and continuation of usual daily routines which would ordinarily be performed by the family members. (b) The provisions of subdivisions (b) to (f), inclusive, of Section 4691 and subdivisions (a) to (f), inclusive, and subdivision (h) of Section 4691.5 applicable to community-based day programs, shall also apply to in-home respite service vendors for the purpose of establishing standards and an equitable process for setting rates, except: (1) The process specified in paragraph (4) of subdivision (a) of Section 4691.5 for increasing rates for fiscal year 1990–91 shall apply only to the administrative portion of the rate for eligible in-home respite service vendors, and the amount of funds available for this increase shall not exceed three hundred thousand dollars ($300,000) of the total amount appropriated for rate increases. The administrative portion of the rate shall consist of the in-home respite service vendor’s allowable costs, other than those for respite worker’s salary, wage, benefits, and travel. Vendors eligible for this rate increase shall include only those in-home respite service vendors which received a deficiency adjustment in their permanent or provisional rate for fiscal year 1989–90, as specified in paragraph (4) of subdivision (a) of Section 4691.5. (2) In addition, a rate increase shall also be provided for fiscal year 1990–91, for the salary, wage, and benefit portion of the rate for in-home respite service vendors eligible for the increase. The amount of funds available for this rate increase is limited to the remaining funds appropriated for this paragraph and paragraph (1) for fiscal year 1990–91. The amount of increase which each eligible in-home respite service vendor shall receive shall be limited to the amount necessary to increase the salary, wage, and benefit portion of the rate for respite workers to five dollars and six cents ($5.06) per hour in salary and wages plus ninety-five cents ($0.95) in benefits. Vendors eligible for this increase shall include only those in-home respite service vendors whose salary, wage, and benefit portion of their existing provisional or permanent rate, as established by the department for respite workers is below the amounts specified in this paragraph, and the vendor agrees to reimburse its respite workers at no less than these amounts during fiscal year 1990–91 and thereafter. In order to establish rates pursuant to this paragraph, existing programs receiving a permanent or provisional rate shall submit to the department, the program, cost, and other information specified by the department for either the 1988 calendar year, or for the 1988–89 fiscal year. The specified information shall be submitted on forms developed by the department, not later than 45 days following receipt of the required forms from the department, after the effective date of this section. Programs which fail to submit the required information within the time specified shall have payment of their permanent or provisional rate suspended until the required information has been submitted. (3) Effective July 1, 1990, and pursuant to the rate methodology developed by the department, the administrative portion and the salary, wage, and benefit portion of the rates for in-home respite service vendors currently receiving a provisional or permanent rate shall be combined and paid as a single rate. (4) Rate increases for fiscal year 1990–91 shall be limited to those specified in paragraphs (1) and (2). For fiscal year 1991–92 and all succeeding fiscal years, the provisions of subdivision (c) of Section 4691, which specify that any rate increases shall be subject to the appropriation of sufficient funds in the Budget Act, shall also apply to rates for in-home respite service vendors. (5) For the 1998–99 fiscal year, an in-home respite service vendor shall receive rate increases pursuant to subdivision (e) of Section 4691.5. Any rate increase shall be subject to the appropriation of funds pursuant to the Budget Act. (6) The rate methodology developed by the department may include a supplemental amount of reimbursement for travel costs of respite workers using their private vehicles to and from and between respite sites. The supplemental amount shall be the minimum rate for travel reimbursement for state employees. (c) In accordance with paragraph (5) of subdivision (b) of Section 4629.5, each regional center shall include on its Internet Web site the purchase of service policies. For respite services, a regional center shall also include any procedures and assessment tools used by the regional center to determine the level of services needed by each consumer. (Amended by Stats. 2018, Ch. 50, Sec. 4. (SB 853) Effective June 27, 2018.)
4690.3.
## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 5. Regional Center Rates for Nonresidential Services [4690 - 4694] ( Article 5 added by Stats. 1977, Ch. 1252. )
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For the 1998–99 fiscal year, certain vendored in-home respite services agencies must increase worker reimbursement, and individual respite providers must also receive the rate increase.

## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 5. Regional Center Rates for Nonresidential Services [4690 - 4694] ( Article 5 added by Stats. 1977, Ch. 1252. ) ## 4690.3. (a) For the 1998–99 fiscal year, rates for in-home respite services agencies that are vendored pursuant to Section 4690.2 and the department’s regulations to provide in-home respite services shall be increased based on the amount appropriated in the Budget Act of 1998 for the purpose of increasing the salary, wage, and benefit portion of the rate for in-home respite services workers. Agencies shall reimburse their respite workers at no less than the increased amount in their rate for the 1998–99 fiscal year and thereafter. (b) For the 1998–99 fiscal years an individual who provides in-home respite services, pursuant to vendorization pursuant to the department’s regulations, shall also receive a rate increase pursuant to subdivision (a). (Added by Stats. 1998, Ch. 310, Sec. 42. Effective August 19, 1998.)
4690.4.
## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 5. Regional Center Rates for Nonresidential Services [4690 - 4694] ( Article 5 added by Stats. 1977, Ch. 1252. )
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This section makes certain rate statutes apply to the 1998–99 fiscal year with exceptions, requires the department to develop performance-based rate systems, and freezes rates under specified conditions.

## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 5. Regional Center Rates for Nonresidential Services [4690 - 4694] ( Article 5 added by Stats. 1977, Ch. 1252. ) ## 4690.4. (a) Sections 4690.2, 4691, and 4691.5, which relate to in-home respite service agencies and community-based day programs, shall apply in the 1998–99 fiscal year with the following exceptions: (1) The 1997–98 fiscal year allowable costs and consumer attendance data submitted to the department by September 30, 1998, shall not be utilized by the department to determine a new mean rate and allowable range of rates, pursuant to regulations, but may be used only in developing a new rate system. (2) The allowable range of rates and mean rate established for the 1997–98 fiscal year shall be continued. (3) The rate for new programs shall be the mean rate determined for the same type of program and staff-to-consumer ratio for the 1997–98 fiscal year. (b) The department shall, in consultation with stakeholder organizations, develop performance based consumer outcome rate systems for community-based day programs and in-home respite services. If rates for community-based day programs are increased in the 1998–99 fiscal year pursuant to paragraphs (1) to (3), inclusive, of subdivision (e) of Section 4691.5, and rates for in-home respite services are increased in the 1998–99 fiscal year pursuant to paragraph (5) of subdivision (b) of Section 4690.2, as added by the act adding this section to the Welfare and Institutions Code, then effective September 1, 1998, and until such time as the new rate systems are implemented, or unless funds are otherwise appropriated for rate adjustments, rates shall be frozen. (Added by Stats. 1998, Ch. 310, Sec. 43. Effective August 19, 1998.)
4690.5.
## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 5. Regional Center Rates for Nonresidential Services [4690 - 4694] ( Article 5 added by Stats. 1977, Ch. 1252. )
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If funds are appropriated, the listed respite service rates must be increased by 5% starting July 1, 2016.

## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 5. Regional Center Rates for Nonresidential Services [4690 - 4694] ( Article 5 added by Stats. 1977, Ch. 1252. ) ## 4690.5. Notwithstanding any other law or regulation, commencing July 1, 2016, and to the extent funds are appropriated in the annual Budget Act for this purpose, the rate for family member-provided respite services authorized by the department and in effect on June 30, 2016, and the rates for out-of-home respite services in effect on June 30, 2016, shall be increased by 5 percent. The increase shall be applied as a percentage, and the percentage shall be the same for all providers. (Amended by Stats. 2016, Ch. 26, Sec. 13. (AB 1606) Effective June 27, 2016.)
4690.7.
## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 5. Regional Center Rates for Nonresidential Services [4690 - 4694] ( Article 5 added by Stats. 1977, Ch. 1252. )
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Nonresidential service providers may use Alternative Nonresidential Services through December 31, 2022 if needed, and they must adapt services and keep them responsive and safety-compliant.

## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 5. Regional Center Rates for Nonresidential Services [4690 - 4694] ( Article 5 added by Stats. 1977, Ch. 1252. ) ## 4690.7. A provider of nonresidential services, as defined in paragraph (49) of subdivision (a) of Section 54302 of Title 17 of the California Code of Regulations, may utilize Alternative Nonresidential Services, as authorized in the department’s Directive 01-083120 (August 31, 2020), if needed, to meet a consumer’s service needs, until December 31, 2022. When providing services to consumers, providers shall be creative, resourceful, and make modifications as needed to how existing services are delivered. Any Alternative Nonresidential Services used shall be responsive to each consumer’s current needs, and be mindful of the importance of safety during the COVID-19 pandemic, including compliance with applicable state and local health orders and licensing requirements. (Added by Stats. 2022, Ch. 49, Sec. 27. (SB 188) Effective June 30, 2022.)
4691.
## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 5. Regional Center Rates for Nonresidential Services [4690 - 4694] ( Article 5 added by Stats. 1977, Ch. 1252. )
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The department must issue regulations for community-based day program standards and rate-setting, then establish rates and monitor compliance through 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 5. Regional Center Rates for Nonresidential Services [4690 - 4694] ( Article 5 added by Stats. 1977, Ch. 1252. ) ## 4691. (a) The Legislature reaffirms its intent that community-based day programs be planned and provided as part of a continuum of services to enable persons with developmental disabilities to approximate the pattern of everyday living available to people of the same age without disabilities. The Legislature further intends that standards be developed to ensure high-quality services, and that equitable ratesetting procedures based upon those standards be established, maintained, and revised, as necessary. The Legislature intends that ratesetting procedures be developed for all community-based day programs, which include adult development centers, activity centers, infant day programs, behavior management programs, social recreational programs, and independent living programs. (b) For the purpose of ensuring that regional centers may secure high-quality services for persons with developmental disabilities, the State Department of Developmental Services shall promulgate regulations establishing program standards and an equitable process for setting rates of state payment for community-based day programs. These regulations shall include, but are not limited to, all of the following: (1) The standards and requirements related to the operation of the program including, but not limited to, staff qualifications, staff-to-client ratios, client entrance and exit criteria, program design, program evaluation, program and client records and documentation, client placement, and personnel requirements and functions. (2) The allowable cost components of the program including salary and wages, staff benefits, operating expenses, and management organization costs where two or more programs are operated by a separate and distinct corporation or entity. (3) The rate determination processes for establishing rates, based on the allowable costs of the allowable cost components. Different rate determination processes may be developed for establishing rates for new and existing programs, and for the initial and subsequent years of implementation of the regulations. The processes shall include, but are not limited to, all of the following: (A) The procedure for identification and grouping of programs by type of day program and approved staff-to-client ratio. (B) The requirements for an identification of the program, cost, and other information, if any, which the program is required to submit to the department or the regional center, the consequences, if any, for failure to do so, and the timeframes and format for submission and review. (C) The ratesetting methodology. (D) A procedure for adjusting rates as a result of anticipated and unanticipated program changes and fiscal audits of the program and a procedure for appealing rates, including the timeframes for the program to request an adjustment or appeal, and for the department to respond. (E) A procedure for increasing established rates and the allowable range of rates due to cost-of-living adjustments. (F) A procedure for increasing established rates as a result of Budget Act appropriations made pursuant to the ratesetting methodology established pursuant to Section 4691.5 and subdivision (c) of this section. The department shall develop these regulations in consultation with representatives from organizations representing the developmental services system as determined by the department. The State Council on Developmental Disabilities, and other organizations representing regional centers, providers, and clients shall have an opportunity to review and comment upon the proposed regulations prior to their promulgation. The department shall promulgate these regulations for all community-based day programs by July 1, 1990. (c) Upon the promulgation of regulations pursuant to subdivision (b), and pursuant to Section 4691.5, and by September 1 of each year thereafter, the department shall establish rates pursuant to the regulations. Rate increases during the 1990–91 and 1991–92 fiscal years shall be limited to those specified in subdivision (b). For the 1992–93 fiscal year and all succeeding fiscal years, any increases proposed during those years in the rates of reimbursement established pursuant to the regulations, except for rate increases due to rate appeals and rate adjustments based on unanticipated program changes, shall be subject to the appropriation of sufficient funds in the Budget Act, for those purposes, to fully provide the proposed increase to all eligible programs for the entire fiscal year. If the funds appropriated in the Budget Act are not sufficient to fully provide for the proposed increase in the rates of reimbursement for all eligible programs for the entire fiscal year, the proposed increase shall be limited to the level of funds appropriated. The increases proposed in the rates of reimbursement shall be reduced equitably among all eligible providers in accordance with funds appropriated and the eligible programs shall be reimbursed at the reduced amount for the entire fiscal year. (d) Using the reported costs of day programs reimbursed at a permanent rate and the standards and ratesetting processes promulgated pursuant to subdivision (b) as a basis, the department shall report to the Legislature as follows: (1) By April 15, 1993, and every odd year thereafter, the difference between permanent rates for existing programs and the rates of those programs based upon their allowable costs and client attendance, submitted pursuant to the regulations specified in subdivision (b). In reporting the difference, the department shall also identify the amount of the difference associated with programs whose rates are above the allowable range of rates, which is available for increasing the rates of programs whose rates are below the allowable range, to within the allowable range, and any other pertinent cost or rate information which the department deems necessary. (2) By April 15, 1994, and every even year thereafter, the level of funding, if any, which was not appropriated to reimburse providers at the proposed rates reported the prior fiscal year pursuant to paragraph (1), and any other pertinent cost or rate information which the department deems necessary. (3) The April 15, 1996, report pursuant to paragraph (2) shall be prepared jointly by the department and organizations representing community-based day program providers, as determined by the department. That report shall also include a review of the ratesetting process and recommendations, if any, for its modification. (e) Rates established by the department pursuant to subdivision (b) are exempt from the provisions of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (f) The department shall ensure that the regional centers monitor compliance with program standards. (Amended by Stats. 2010, Ch. 328, Sec. 241. (SB 1330) Effective January 1, 2011.)
4691.10.
## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 5. Regional Center Rates for Nonresidential Services [4690 - 4694] ( Article 5 added by Stats. 1977, Ch. 1252. )
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The department must provide a rate increase for eligible service providers, but only if funds are appropriated, and providers receiving the increase must keep records and submit required survey 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 5. Regional Center Rates for Nonresidential Services [4690 - 4694] ( Article 5 added by Stats. 1977, Ch. 1252. ) ## 4691.10. (a) (1) Notwithstanding any other law or regulation, and to the extent funds are appropriated in the annual Budget Act for this purpose, the department shall provide a rate increase 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. The department shall not allocate more than one hundred sixty-nine million five hundred thousand dollars ($169,500,000) of the amount appropriated in the act that added this section for this purpose, plus any associated matching funds. The rate increase shall only apply to services for which rates are set by the department or through negotiations between the regional centers and service providers, and to the rates paid for supported employment services, as specified in subdivisions (a) and (b) of Section 4860, and vouchered community-based services, as specified in paragraph (7) of subdivision (c) of Section 4688.21. This section shall not apply to those services for which rates are determined by other entities, including, but not limited to, the State Department of Health Care Services or the State Department of Social Services, or are usual and customary. (2) For the purposes of this subdivision, “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 include 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. State employees participating in the Community State Staff Program are ineligible for the wage increase described in this section. (b) The rate increase specified in subdivision (a) shall be implemented in the following manner: (1) With regional center participation, the department shall conduct a survey of a random sample of service providers in each service category eligible for the rate increase. The survey shall request information regarding all of the following and shall be returned to the regional center and department by April 15, 2016: (A) Number of employees who spend a minimum of 75 percent of their time providing direct services to consumers and their total salary, wage, and benefit costs. (B) Administrative costs as specified in subdivision (b) of Section 4629.7, including the number of employees and total salary, wage, and benefit costs associated with those administrative costs. (C) Any other staff and their total salary, wage, and benefit costs that are not included in either subparagraph (A) or (B). (D) Any other costs to the provider, other than the costs described in subparagraphs (A) to (C), inclusive. (E) Any additional information, as requested by the department, to assist in the determination of rate increases. (2) The vendoring regional center shall certify that, to the best of its knowledge, the survey results accurately reflect the services provided by each surveyed service provider. The results from the survey shall be used by the department to determine the rate increase to be applied, by service category. The rate increase shall be the same for all eligible providers in each service category and is intended to provide comparable increases across service categories for staff providing direct services as described in subdivision (a). (3) By July 1, 2016, utilizing the data derived from paragraph (1), the department shall do both of the following: (A) For those service providers whose rates are set by the department, notify those providers and the associated regional centers of the amount by which the rates are to be increased. (B) For those service providers whose rates are set by negotiation with the regional center, notify the regional center of the amount by which the rates are to be increased. (4) With regional center participation, the department shall conduct a survey, in a format determined by the department, of all providers who received the rate increase described in subdivision (a). Providers shall submit the completed survey to the department by October 1, 2017. The survey shall request information on how the rate increase was used by providers and shall include, but is not limited to, the following: (A) Number of employees and their salary, wage, and benefit costs, and increases provided as a result of this subdivision. (B) Percentage of time each employee spends providing direct services. (C) Administrative expenses, consistent with subdivision (b) of Section 4629.7. (D) Any additional information as determined by the department. (c) Providers granted a rate increase pursuant to this section shall maintain documentation, subject to audit by the department or regional center, that the rate increase was used solely to increase wages, salaries, and benefits of eligible staff members spending a minimum of 75 percent of their time providing direct services to consumers. (d) The rate increases calculated by the department pursuant to this section shall be effective July 1, 2016, and implemented as described in subdivision (b). (e) Any provider that fails to report the information required by paragraph (4) of subdivision (b) to the department by October 1, 2017, shall forfeit the increases described in subdivision (a). (f) In its 2017–18 May Revision fiscal estimate, the department shall describe the implementation of the increases provided pursuant to this section. (Added by Stats. 2016, 2nd Ex. Sess., Ch. 3, Sec. 9. (AB 1 2x) Effective June 9, 2016.)
4691.11.
## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 5. Regional Center Rates for Nonresidential Services [4690 - 4694] ( Article 5 added by Stats. 1977, Ch. 1252. )
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The department must allocate up to $9.9 million plus matching funds for service-provider administrative expenses, and must provide a rate increase for certain covered providers and 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 5. Regional Center Rates for Nonresidential Services [4690 - 4694] ( Article 5 added by Stats. 1977, Ch. 1252. ) ## 4691.11. Notwithstanding any other law or regulation, and to the extent funds are appropriated in the annual Budget Act for this purpose, the department shall allocate no more than nine million nine hundred thousand dollars ($9,900,000) plus any associated matching funds for the purpose of administrative expenses for service providers. The department shall provide a rate increase for the purpose of administrative expenses that shall apply only to providers for which rates are set by the department or through negotiations between the regional centers and service providers, and to the rates paid for supported employment services, as specified in subdivisions (a) and (b) of Section 4860, and vouchered community-based services, as specified in paragraph (7) of subdivision (c) of Section 4688.21. This increase shall be determined using the information collected pursuant to subdivision (b) of Section 4691.10. This increase shall be consistent for providers within each service category and is intended to provide comparable increases for administrative expenses across service categories. This section shall not apply to those services for which rates are determined by other entities, including, but not limited to, the State Department of Health Care Services or the State Department of Social Services, or are usual and customary. (Added by Stats. 2016, 2nd Ex. Sess., Ch. 3, Sec. 10. (AB 1 2x) Effective June 9, 2016.)
4691.12.
## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 5. Regional Center Rates for Nonresidential Services [4690 - 4694] ( Article 5 added by Stats. 1977, Ch. 1252. )
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The department must provide specified rate increases for certain services if budget funds are appropriated and federal funding is approved.

## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 5. Regional Center Rates for Nonresidential Services [4690 - 4694] ( Article 5 added by Stats. 1977, Ch. 1252. ) ## 4691.12. (a) (1) Notwithstanding any other law or regulation, to the extent funds are appropriated in the annual Budget Act for this purpose, and contingent upon the approval of federal funding, the department shall provide a rate increase effective January 1, 2020, for all of the following services: (A) Specified services for which rates are set by the department or through negotiations between the regional centers and service providers. (B) Rates paid for supported employment services, as specified in subdivisions (a) and (b) of Section 4860. (C) Vouchered community-based services, as specified in paragraph (7) of subdivision (c) of Section 4688.21. (2) The rate increase shall be applied to rates in effect on December 31, 2019, less the amount of any one-time rate increases for developmental services, as authorized in the Budget Act of 2018 (Chapter 29 of the Statutes of 2018). The rate increase shall be applied as a percentage, and this percentage shall be the same for all providers within each service category, as established by the department and set forth in the supplemental rate increase schedule posted on the department’s internet website. (3) The rate increase provided in this subdivision shall not apply to those services for which rates are determined by other entities, including, but not limited to, the State Department of Health Care Services or the State Department of Social Services, or are usual and customary. (b) (1) Notwithstanding any other law or regulation, to the extent funds are appropriated in the annual Budget Act for this purpose, and contingent upon the approval of federal funding, the department shall provide a rate increase effective January 1, 2021, for all of the following services: (A) Independent living programs that use the service code identified in paragraph (35) of subdivision (a) of Section 54342 of Title 17 of the California Code of Regulations. (B) Infant development programs that use the service code identified in paragraph (37) of subdivision (a) of Section 54342 of Title 17 of the California Code of Regulations. (C) Early start specialized therapeutic services provided by vendors classified by a regional center as early start specialized therapeutic services providers pursuant to Section 54356 of Title 17 of the California Code of Regulations. (2) The rate increase shall be applied to rates in effect on December 31, 2020. The rate increase shall be applied as a percentage, and this percentage shall be the same for all providers within each service category, as established by the department and set forth in the rate increase schedule posted on the department’s internet website. (Amended by Stats. 2021, Ch. 76, Sec. 50. (AB 136) Effective July 16, 2021. Note: If and when this section ceases to be implemented (pursuant to subd. (b)), see Section 4692.)
4691.5.
## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 5. Regional Center Rates for Nonresidential Services [4690 - 4694] ( Article 5 added by Stats. 1977, Ch. 1252. )
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This section sets out how regional center rates for nonresidential services are to be established and adjusted for certain program types and fiscal years.

## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 5. Regional Center Rates for Nonresidential Services [4690 - 4694] ( Article 5 added by Stats. 1977, Ch. 1252. ) ## 4691.5. The ratesetting methodology, to be established pursuant to subparagraph (C) of paragraph (3) of subdivision (b) of Section 4691 shall include, but need not be limited to, all of the following: (a) A process for establishing rates during fiscal year 1990–91 for new programs and existing programs receiving a provisional or permanent rate. (1) The rate for new programs shall be the mean rate determined for the same type of day program and staff-to-client ratio. This rate shall be a temporary rate. Determination of the mean rate for new programs shall be based on the program, cost, and other information of existing programs receiving a permanent rate, using allowable costs and client attendance information of those existing programs. In order to establish rates pursuant to this paragraph existing programs receiving a permanent rate shall submit to the department, the program, cost, and other information specified by the department for either calendar year 1988 or fiscal year 1988–89. The specified information shall be submitted on forms developed by the department, not later than 45 days following receipt of the required forms from the department, after the effective date of this section. Programs which fail to submit the required information within the time specified shall have payment of their permanent rate suspended until the required information has been submitted. (2) Except as provided in paragraph (4) the rate for existing programs receiving a provisional rate, whose rate would otherwise expire during fiscal year 1990–91, shall be extended at the provisional rate until September 1, 1991. (3) Except as provided in paragraph (4) below, the rate for existing programs receiving a permanent rate shall be reestablished at the permanent rate until June 30, 1991. (4) The rate for existing programs receiving a provisional or permanent rate as specified in paragraph (2) and paragraph (3) shall be increased for all programs eligible for the increase. Eligible programs shall include only those programs which received a deficiency adjustment in their permanent or provisional rate for fiscal year 1989–90, based on calendar year 1988 program and cost information submitted to the department, pursuant to the stipulated order in the case of California Association of Rehabilitation Facilities et al. v. State of California, Sacramento County Superior Court Case No. 355326, and the adjustment was insufficient to fund the entire deficiency. The amount of funds available for the increase is limited to the one million dollars ($1,000,000) appropriated for that purpose for fiscal year 1990–91, and it shall be distributed proportionately among all eligible programs. The amount of increase which each eligible program shall receive toward its remaining deficiency, based on calendar year 1988 program and cost information, shall be equal to the percentage that one million dollars ($1,000,000) represents of the total deficiency, based on calendar year 1988 program and cost information, for all eligible programs. (b) A process for establishing rates during fiscal year 1991–92 for new programs and existing programs receiving a temporary, provisional, or permanent rate. (1) The rate for existing programs receiving a permanent rate, shall be determined based on fiscal year 1989–90 program, cost, and other information submitted to the department and regional center. The ratesetting process shall include, but shall not be limited to, all of the following: (A) A process for determination of a mean rate and an allowable range of rates for the same type of day program and staff-to-client ratio. The mean rate shall be determined using those programs’ allowable costs and client attendance and the allowable range of rates shall be defined as the rates of those programs included between the 10th and 90th percentiles. (B) The rates for existing programs receiving a permanent rate shall be increased or decreased to their allowable costs for fiscal year 1991–92, as follows: (i) The rate shall be decreased if the program’s allowable costs and client attendance, for fiscal year 1989–90, determined pursuant to the regulations, would result in a rate that is lower than its existing permanent rate. (ii) The rate shall be increased if the program’s allowable costs and client attendance for fiscal year 1989–90, determined pursuant to the regulations, would result in a rate that is higher than its existing permanent rate and its existing permanent rate is below or within the allowable range of rates. (iii) No rate increase shall be provided that would result in the rate exceeding the allowable range of rates. No increase shall be provided for programs whose existing permanent rate is above the allowable range of rates. The amount of funds appropriated for that purpose for fiscal year 1991–92 shall be distributed only to those programs eligible for the increase. (C) A process for the reduction or increase in the rate of any program whose existing permanent rate is not within the allowable range of rates. This process shall be based upon all of the following: (i) For programs whose existing permanent rates are above the allowable range of rates, their existing permanent rate shall be reduced by 5 percent or to the allowable range, whichever is less. (ii) For programs whose existing permanent rates are below the allowable range of rates, after the increase specified in clause (ii) of subparagraph (B) their rate shall be increased, up to the allowable range, in proportion to the amount of funds obtained from reducing the rate of programs whose rates are above the range. (2) The rate for new programs shall be the mean rate determined pursuant to the process in paragraph (1) for the same type of day program and staff-to-client ratio using the program, cost, and other information submitted by providers receiving a permanent rate. (3) The rate for existing programs receiving a provisional rate, whose rate expired during fiscal year 1990–91 and was extended until September 1, 1991, shall be determined pursuant to the process specified in paragraph (1) for permanent rates, except that the determination shall be based upon 12 consecutive months of representative costs incurred by the program during the period it was receiving its provisional rate. The program shall submit these costs and other program information, designated by the department, to the department within the time frames specified in the regulations. If the program has not incurred or cannot provide 12 consecutive months of representative costs, the department may determine the rate based on less than 12 consecutive months of representative costs. (4) The rate for existing programs receiving a provisional rate, whose rate will expire in July or August of 1991, shall be extended until September 1, 1991, and then determined pursuant to the process specified in paragraph (3). (c) A process for establishing rates during fiscal year 1992–93 for new programs and existing programs receiving a temporary or permanent rate: (1) The rate for new programs shall be the mean rate, determined pursuant to the process in paragraph (2) of subdivision (b) for fiscal year 1991–92, for the same type of day program and staff-to-client ratio. (2) The rate for existing programs receiving a temporary rate shall be continued at the rate established for fiscal year 1991–92, until the rate expires or a permanent rate is established pursuant to the process in paragraph (4) of subdivision (b) for fiscal year 1991–92. (3) The rate for existing programs receiving a permanent rate shall be reestablished at the rate established for fiscal year 1991–92, except for programs whose rates are not within the allowable range of rates. For those programs whose rates are not within the allowable range, their rates shall be reduced or increased pursuant to the process in subparagraph (C) of paragraph (1) of subdivision (b) for fiscal year 1991–92. (d) A process for establishing rates during fiscal year 1993–94 for new programs and existing programs receiving a temporary or permanent rate: (1) The rate for existing programs receiving a permanent rate shall be determined based on fiscal year 1991–92 program, cost, and other information submitted to the department and regional center. The ratesetting process shall include the process specified in paragraph (1) of subdivision (b) for fiscal year 1991–92, except that the allowable range of rates shall be determined by computing 50 percent of the mean rate for fiscal year 1993–94 and converting that amount into a range of rates, distributed equally above and below the mean. This process shall compare the range of rates computed for fiscal year 1993–94 with the range of rates calculated for fiscal year 1991–92 based on 80 percent of the programs, and shall use the lesser of the two ranges in the comparison as the allowable range of rates. Once established, this range shall be permanent. (2) The rate for new programs shall be the mean rate determined pursuant to the process in paragraph (1) for the same type of day program and staff-to-client ratio using the program, cost, and other information submitted by providers receiving a permanent rate. (3) The rate for existing programs receiving a temporary rate shall be continued at the established rate until the program has incurred 12 consecutive months of representative costs within the timeframes specified in the regulations. Once the representative costs have been incurred, the rate shall be determined pursuant to the process specified in paragraph (1) for permanent rates. (e) A process for establishing rates, during fiscal year 1994–95 and each alternative fiscal year thereafter, for new programs and existing programs receiving a temporary or permanent rate. The process shall be the same as that specified in subdivision (c) for determining, continuing, and reestablishing rates, but shall be based on the program, cost, and other information submitted to the department and regional center for establishment of rates for fiscal year 1993–94 and each alternative fiscal year thereafter, except for the following: (1) For the 1998–99 fiscal year, the rates for existing community-based day programs receiving a permanent rate shall be increased if the program’s allowable costs and client attendance, for the 1995–96 fiscal year, determined pursuant to the regulations, would result in a rate that is higher than its existing permanent rate and its existing permanent rate is below or within the allowable range of rates. The rate shall not be decreased if the program’s allowable costs and client attendance for the 1995–96 fiscal year, determined pursuant to the regulations, would result in a rate that is lower than its existing permanent rate. (2) For the 1998–99 fiscal year, existing community-based day programs receiving a permanent rate, and whose permanent rate is still below the lower limit of the allowable range of rates for like programs after receiving an increase pursuant to paragraph (1), shall receive an increase in their permanent rate up to the lower limit of the allowable range of rates. (3) The requirements of subdivision (c) of Section 4691, which specify that any rate increases shall be subject to the appropriation of sufficient funds in the Budget Act, shall also apply to rates governed by paragraphs (1) and (2). (f) A process for establishing rates, during fiscal year 1995–96 and each alternative fiscal year thereafter, for new programs and existing programs receiving a temporary or permanent rate. The process shall be the same as that specified in subdivision (d) except for the following: (1) The rate for programs receiving a permanent rate shall be based on program, cost, and other information submitted to the department and regional center for fiscal year 1993–94 and each alternative fiscal year thereafter. (2) The allowable range of rates, permanently established during fiscal year 1993–94, shall be applied to the mean rate determined for fiscal year 1995–96 and each alternative fiscal year thereafter. (3) Existing programs receiving a permanent rate whose rates are not within the allowable range of rates shall, by September 1, 1995, have their rates reduced or increased as follows: (A) For programs whose existing permanent rates are above the allowable range of rates, their rate shall be reduced to the allowable range. (B) For programs whose existing rates are below the allowable range of rates, their rate shall be increased up to the allowable range in proportion to the amount of funds obtained from reducing the rate of programs whose rates are above the range. (g) A process for establishing a uniform supplemental rate of reimbursement for programs serving nonambulatory clients, as determined by the department. (h) A process for notifying the program of the established rate. (Amended by Stats. 1998, Ch. 310, Sec. 44. Effective August 19, 1998.)
4691.6.
## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 5. Regional Center Rates for Nonresidential Services [4690 - 4694] ( Article 5 added by Stats. 1977, Ch. 1252. )
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This section lets the department approve some rate changes, but blocks others unless health or safety justifications are shown and, in some cases, prior written authorization is obtained.

## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 5. Regional Center Rates for Nonresidential Services [4690 - 4694] ( Article 5 added by Stats. 1977, Ch. 1252. ) ## 4691.6. (a) Notwithstanding any other law or regulation, commencing July 1, 2006, the community-based day program, work activity program, and in-home respite service agency rate schedules authorized by the department and in operation June 30, 2006, shall be increased by 3 percent, subject to funds specifically appropriated for this increase in the Budget Act of 2006. The increase shall be applied as a percentage, and the percentage shall be the same for all providers. Any subsequent increase shall be governed by subdivisions (b), (c), (d), (e), (f), (g), (h), (i), (j), (k), and (l), and Section 4691.9. (b) Notwithstanding any other law or regulation, the department shall not establish any permanent payment rate for a community-based day program or in-home respite service agency provider that has a temporary payment rate in effect on June 30, 2008, if the permanent payment rate would be greater than the temporary payment rate in effect on or after June 30, 2008, unless the regional center demonstrates to the department that the permanent payment rate is necessary to protect the consumers’ health or safety. (c) Notwithstanding any other law or regulation, neither the department nor any regional center shall approve any program design modification or revendorization for a community-based day program or in-home respite service agency provider that would result in an increase in the rate to be paid to the vendor from the rate that is in effect on or after June 30, 2008, unless the regional center demonstrates that the program design modification or revendorization is necessary to protect the consumers’ health or safety and the department has granted prior written authorization. (d) Notwithstanding any other law or regulation, the department shall not approve an anticipated rate adjustment for a community-based day program or in-home respite service agency provider that would result in an increase in the rate to be paid to the vendor from the rate that is in effect on or after June 30, 2008, unless the regional center demonstrates that the anticipated rate adjustment is necessary to protect the consumers’ health or safety. (e) Notwithstanding any other law or regulation, except as set forth in subdivisions (f) and (i), the department shall not approve any rate adjustment for a work activity program that would result in an increase in the rate to be paid to the vendor from the rate that is in effect on or after June 30, 2008, unless the regional center demonstrates that the rate adjustment is necessary to protect the consumers’ health and safety and the department has granted prior written authorization. (f) Notwithstanding any other law or regulation, commencing January 1, 2017, the department may approve rate adjustments for a work activity program that demonstrates to the department that the rate adjustment is necessary in order to pay employees who, prior to January 1, 2017, were being compensated at a wage that is less than the minimum wage established on and after January 1, 2017, by Section 1182.12 of the Labor Code, as amended by Chapter 4 of the Statutes of 2016. The rate adjustment pursuant to this subdivision shall be specific to payroll costs associated with any increase necessary to adjust employee pay only to the extent necessary to bring pay into compliance with the increased state minimum wage, and shall not constitute a general wage enhancement for employees paid above the increased minimum wage. (g) Notwithstanding any other law or regulation, commencing January 1, 2017, community-based day program and in-home respite services agency providers with temporary payment rates set by the department may seek unanticipated rate adjustments from the department due to the impacts of the increased minimum wage as established by Section 1182.12 of the Labor Code, as amended by Chapter 4 of the Statutes of 2016. The rate adjustment shall be specific to payroll costs associated with any increase necessary to adjust employee pay only to the extent necessary to bring pay into compliance with the increased state minimum wage, and shall not constitute a general wage enhancement for employees paid above the increased minimum wage. (h) Notwithstanding any other law or regulation, commencing January 1, 2015, the in-home respite service agency rate schedule authorized by the department and in operation December 31, 2014, shall be increased by 5.82 percent, subject to funds specifically appropriated for this increase for costs due to changes in federal regulations implementing the federal Fair Labor Standards Act of 1938 (29 U.S.C. Sec. 201 et seq.). The increase shall be applied as a percentage, and the percentage shall be the same for all applicable providers. (i) Notwithstanding any other law or regulation, commencing July 1, 2015, the department may approve rate adjustments for a work activity program that demonstrates to the department that the rate adjustment is necessary to implement Article 1.5 (commencing with Section 245) of Chapter 1 of Part 1 of Division 2 of the Labor Code, as added by Chapter 317 of the Statutes of 2014. The rate adjustment may be applied only if a minimum of 24 hours or three days of paid sick leave per year was not a benefit provided to employees as of June 30, 2015, and shall be specific to payroll costs associated with any increase necessary to compensate an employee up to a maximum of 24 hours or three days of paid sick leave in each year of employment. (j) Notwithstanding any other law or regulation, commencing July 1, 2015, community-based day program and in-home respite services agency providers with temporary payment rates set by the department may seek unanticipated rate adjustments from the department if the adjustment is necessary to implement Article 1.5 (commencing with Section 245) of Chapter 1 of Part 1 of Division 2 of the Labor Code, as added by Chapter 317 of the Statutes of 2014. The rate adjustment may be applied only if a minimum of 24 hours or three days of paid sick leave per year was not a benefit provided to employees as of June 30, 2015, and shall be specific to payroll costs associated with any increase necessary to compensate an employee up to a maximum of 24 hours or three days of paid sick leave in each year of employment. (k) Notwithstanding any other law or regulation, commencing July 1, 2016, and to the extent funds are appropriated in the annual Budget Act for this purpose, the in-home respite service agency rate schedule authorized by the department and in operation June 30, 2016, shall be increased by 5 percent. The increase shall be applied as a percentage, and the percentage shall be the same for all providers. (l) Notwithstanding any other law or regulation, commencing July 1, 2016, and to the extent funds are appropriated in the annual Budget Act for this purpose, the independent living service rate schedule authorized by the department and in operation June 30, 2016, shall be increased by 5 percent. The increase shall be applied as a percentage, and the percentage shall be the same for all providers. (Amended by Stats. 2016, Ch. 26, Sec. 14. (AB 1606) Effective June 27, 2016.)
4691.8.
## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 5. Regional Center Rates for Nonresidential Services [4690 - 4694] ( Article 5 added by Stats. 1977, Ch. 1252. )
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The department may give certain programs rate increases to raise direct care staff wages, and it must consult stakeholders and report 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 5. Regional Center Rates for Nonresidential Services [4690 - 4694] ( Article 5 added by Stats. 1977, Ch. 1252. ) ## 4691.8. (a) Notwithstanding any other provision of law or regulation, and to the extent funds are appropriated in the annual Budget Act for this purpose, the department may provide a rate increase for the purpose of enhancing wages for direct care staff in day programs and in work activity programs, as defined in subdivision (e) of Section 4851, and in look-alike programs, that meet any of the following criteria: (1) Provide a majority of their services and supports in integrated community settings. (2) Are day programs that are converting to integrated community settings. (3) Are work activity programs that are converting to supported work programs. (b) The department may approve a temporary rate increase for a program that is converting pursuant to paragraph (2) or (3) of subdivision (a). A program shall not be eligible for a permanent rate increase pursuant to this section unless it meets the criteria established in paragraph (1) of subdivision (a). (c) A rate increase provided pursuant to paragraph (1) of subdivision (a) to existing programs shall be effective not more than 60 days following the adoption of the Budget Act that appropriates the necessary funding. (d) Prior to implementation of this section, the department shall consult with stakeholders, including various provider organizations, the regional centers, and all other interested parties. (e) The department shall provide the Legislature, by April 1, 2007, with a description of how this section has been implemented, along with the following information: (1) The number of day programs and work activity centers receiving an enhanced rate, by regional center. (2) The number of program conversions, by regional center. (3) The percentage of rate increase provided to programs. (4) The effect of the rate increase on direct care staff wages. (Added by Stats. 2006, Ch. 74, Sec. 55. Effective July 12, 2006.)
4691.9.
## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 5. Regional Center Rates for Nonresidential Services [4690 - 4694] ( Article 5 added by Stats. 1977, Ch. 1252. )
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Regional centers face caps on negotiated rates, must certify median rates annually, and may make limited rate adjustments for minimum wage, sick leave, or transportation increases under stated conditions.

## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 5. Regional Center Rates for Nonresidential Services [4690 - 4694] ( Article 5 added by Stats. 1977, Ch. 1252. ) ## 4691.9. (a) Notwithstanding any other law or regulation, commencing July 1, 2008: (1) A regional center shall not pay an existing service provider, for services where rates are determined through a negotiation between the regional center and the provider, a rate higher than the rate in effect on June 30, 2008, unless the increase is required by a contract between the regional center and the vendor that is in effect on June 30, 2008, or the regional center demonstrates that the approval is necessary to protect the consumer’s health or safety and the department has granted prior written authorization. (2) A regional center shall not negotiate a rate with a new service provider, for services where rates are determined through a negotiation between the regional center and the provider, that is higher than the regional center’s median rate for the same service code and unit of service, or the statewide median rate for the same service code and unit of service, whichever is lower. The unit of service designation shall conform with an existing regional center designation or, if none exists, a designation used to calculate the statewide median rate for the same service. The regional center shall annually certify to the State Department of Developmental Services its median rate for each negotiated rate service code, by designated unit of service. This certification shall be subject to verification through the department’s biennial fiscal audit of the regional center. (b) Notwithstanding subdivision (a), commencing January 1, 2017, regional centers may negotiate a rate adjustment with providers regarding rates if the adjustment is necessary in order to pay employees no less than the minimum wage as established by Section 1182.12 of the Labor Code, as amended by Chapter 4 of the Statutes of 2016, and only for the purpose of adjusting payroll costs associated with the minimum wage increase. The rate adjustment shall be specific to the unit of service designation that is affected by the increased minimum wage, shall be specific to payroll costs associated with any increase necessary to adjust employee pay only to the extent necessary to bring pay into compliance with the increased state minimum wage, and shall not be used as a general wage enhancement for employees paid above the increased minimum wage. Regional centers shall maintain documentation on the process to determine, and the rationale for granting, any rate adjustment associated with the minimum wage increase. (c) Notwithstanding any other law or regulation, commencing January 1, 2015, rates for personal assistance and supported living services in effect on December 31, 2014, shall be increased by 5.82 percent, subject to funds specifically appropriated for this increase for costs due to changes in federal regulations implementing the federal Fair Labor Standards Act of 1938 (29 U.S.C. Sec. 201 et seq.). The increase shall be applied as a percentage, and the percentage shall be the same for all applicable providers. As used in this subdivision, both of the following definitions shall apply: (1) “Personal assistance” is limited only to those services provided by vendors classified by the regional center as personal assistance providers, pursuant to the miscellaneous services provisions contained in Title 17 of the California Code of Regulations. (2) “Supported living services” are limited only to those services defined as supported living services in Title 17 of the California Code of Regulations. (d) Notwithstanding subdivision (a), commencing July 1, 2015, regional centers may negotiate a rate adjustment with existing service providers for services for which rates are determined through negotiation between the regional center and the provider, if the adjustment is necessary to implement Article 1.5 (commencing with Section 245) of Chapter 1 of Part 1 of Division 2 of the Labor Code, as added by Chapter 317 of the Statutes of 2014. The rate adjustment may be applied only if a minimum of 24 hours or three days of paid sick leave per year was not a benefit provided to employees as of June 30, 2015, and shall be specific to payroll costs associated with any increase necessary to compensate an employee up to a maximum of 24 hours or three days of paid sick leave in each year of employment. (e) Notwithstanding any other law or regulation, commencing July 1, 2016, and to the extent funds are appropriated in the annual Budget Act for this purpose, rates for transportation services in effect on June 30, 2016, shall be increased by 5 percent. The increase shall be applied as a percentage to existing rates, and the percentage shall be the same for all applicable providers. (f) This section shall not apply to those services for which rates are determined by the State Department of Health Care Services, or the State Department of Developmental Services, or are usual and customary. (Amended by Stats. 2016, Ch. 26, Sec. 15. (AB 1606) Effective June 27, 2016.)
4693.
## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 5. Regional Center Rates for Nonresidential Services [4690 - 4694] ( Article 5 added by Stats. 1977, Ch. 1252. )
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This section defines “infant day program” as a day training and activity program for infants and their families.

## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 5. Regional Center Rates for Nonresidential Services [4690 - 4694] ( Article 5 added by Stats. 1977, Ch. 1252. ) ## 4693. For the purposes of this article, “infant day program” means a day training and activity program where infants and their families are provided training individually and in groups for a day or less, and are provided an organized program of activity. These programs are designed to encourage the development and adjustment of the infants in the community and their homes, and to prepare the infants for entrance into classes of local schools or other appropriate facilities. (Added by Stats. 1982, Ch. 168, Sec. 3. Effective April 24, 1982.)
4694.
## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 5. Regional Center Rates for Nonresidential Services [4690 - 4694] ( Article 5 added by Stats. 1977, Ch. 1252. )
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Regional center vendors must include specific billing details for waiver-related services, and regional centers must require providers to supply needed billing 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 5. Regional Center Rates for Nonresidential Services [4690 - 4694] ( Article 5 added by Stats. 1977, Ch. 1252. ) ## 4694. Commencing July 1, 2006, all regional center vendors who are qualified providers under Title XIX of the federal Social Security Act (42 U.S.C. Sec. 1396 et seq.) and are serving individuals enrolled under the Home- and Community-based Services Waiver program for persons with developmental disabilities, shall ensure that billing information provided to regional centers identifies each individual consumer and, for each consumer, the specific dates of service, location of service, service unit, unit costs, and other information necessary to support billing under the home- and community-based services waiver. Regional centers shall also ensure that their contractual and other billing and payment arrangements with providers require the provision of any information necessary to support billing under the Home- and Community-based Services Waiver program. Resources provided to regional centers, pursuant to the Budget Act of 2006 and following budgets, to implement this provision shall be allocated to the regional centers only until implementation of a statewide electronic data system that collects the billing information necessary to support billing under the Home- and Community-based Services Waiver program. (Added by Stats. 2006, Ch. 74, Sec. 56. Effective July 12, 2006.)
4695.
## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 6. Residential Facility Staff Training [4695 - 4695.2] ( Article 6 added by Stats. 1983, Ch. 735, Sec. 1. )
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The State Department of Developmental Services must offer a statewide training program for directors or licensees of residential facilities serving people with developmental disabilities, through regional centers and participating community colleges.

## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 6. Residential Facility Staff Training [4695 - 4695.2] ( Article 6 added by Stats. 1983, Ch. 735, Sec. 1. ) ## 4695. The State Department of Developmental Services shall offer, through the regional centers, in conjunction with community colleges which elect to participate, a uniform statewide training program for directors or licensees of residential facilities serving persons with developmental disabilities. The training program shall be at the college level, and shall be given for college credits. (Added by Stats. 1983, Ch. 735, Sec. 1.)
4695.2.
## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 6. Residential Facility Staff Training [4695 - 4695.2] ( Article 6 added by Stats. 1983, Ch. 735, Sec. 1. )
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Direct care staff in certain licensed community care facilities must complete required training or pass approved tests, and the department must adopt emergency regulations to implement the 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 6. Residential Facility Staff Training [4695 - 4695.2] ( Article 6 added by Stats. 1983, Ch. 735, Sec. 1. ) ## 4695.2. (a) Each direct care staff person employed in a licensed community care facility that receives regional center funding shall be required to satisfactorily complete two 35-hour competency-based training courses approved, after consultation with the Community Care Facility Direct Care Training Work Group, by the department or pass a department-approved competency test for each of the 35-hour training segments. Each direct care staff person to whom this subdivision applies shall demonstrate satisfactory completion of the competency-based training by passing a competency test applicable to that training segment. (b) Each direct care staff person employed prior to January 1, 2001, in a licensed community care facility that receives regional center funding shall satisfactorily complete the first required competency-based training course or pass a department-approved competency test applicable to that training segment by January 1, 2002, and satisfactorily complete the second competency-based training course or pass a department-approved competency test applicable to that training segment by January 1, 2003. (c) Each direct care staff person whose employment in a licensed community care facility that receives regional center funding commences on or after January 1, 2001, shall satisfactorily complete the first required competency-based training course or pass a department-approved competency test applicable to that training segment within one year from the date the staff person was hired, and satisfactorily complete the second competency-based training course or pass a department-approved competency test applicable to that training segment within two years from the date the person was hired. (d) A direct care staff person who does not comply with this section may not continue to provide direct care to consumers in a licensed community care facility that receives regional center funding, unless otherwise approved by the department pursuant to conditions for a waiver specified in regulations adopted pursuant to subdivision (e). (e) The department shall adopt emergency regulations in order to implement this section. These regulations may include, but are not limited to, all of the following: (1) Requirements for satisfactory completion of the 70 hours of direct care staff training. (2) Provisions for enforcement of training requirements. (3) Continuing education requirements beyond the initial 70 hours of required training. (4) Provisions for waiving staff training and competency testing requirements, provided that waivers shall not adversely impact the health and safety of consumers living in licensed community care facilities that receive regional center funding. (f) The emergency regulations adopted by the department pursuant to subdivision (e) shall be in accordance with 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 initial adoption of emergency regulations and one readoption of the initial regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare. Initial emergency regulations and the first readoption of those regulations shall be exempt from review by the Office of Administrative Law. The emergency regulations authorized by this section shall be submitted to the Office of Administrative Law for filing with the Secretary of State and publication in the California Code of Regulations and shall remain in effect for no more than 180 days. (Amended by Stats. 2011, Ch. 296, Sec. 320. (AB 1023) Effective January 1, 2012.)
4696.
## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 7. Regional Center Clients Requiring Mental Health Services [4696 - 4697] ( Article 7 added by Stats. 1986, Ch. 36, Sec. 1. )
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This section says regional center clients and their families should have a high priority in accessing appropriate mental health 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 7. Regional Center Clients Requiring Mental Health Services [4696 - 4697] ( Article 7 added by Stats. 1986, Ch. 36, Sec. 1. ) ## 4696. The Legislature places a high priority on ensuring that regional center clients and their families can avail themselves of mental health services which are appropriate to meet their needs. The purpose of this article is to determine methods of identifying these clients as well as the type and extent of services which should be available. (Added by Stats. 1986, Ch. 36, Sec. 1. Effective March 31, 1986.)
4696.1.
## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 7. Regional Center Clients Requiring Mental Health Services [4696 - 4697] ( Article 7 added by Stats. 1986, Ch. 36, Sec. 1. )
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Regional centers and county mental health agencies must work together on a memorandum of understanding covering coordination, crisis planning, joint case conferences, training, and shared planning for dually diagnosed consumers.

## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 7. Regional Center Clients Requiring Mental Health Services [4696 - 4697] ( Article 7 added by Stats. 1986, Ch. 36, Sec. 1. ) ## 4696.1. (a) The Legislature finds and declares that improved cooperative efforts between regional centers and county mental health agencies are necessary in order to achieve each of the following: (1) Increased leadership, communication, and organizational effectiveness between regional centers and county mental health agencies. (2) Decreased costs and minimized fiscal risk in serving persons who are dually diagnosed with mental illness and developmental disabilities. (3) Continuity of services. (4) Improved quality of mental health outcomes for persons who are dually diagnosed. (5) Optimized utilization of agency resources by building on the strengths of each organization. (6) Timely resolution of conflicts. (b) In order to achieve the outcomes specified in subdivision (a), by July 1, 1999, each regional center and county mental health agency shall develop a memorandum of understanding to do all of the following: (1) Identify staff who will be responsible for all of the following: (A) Coordinate service activity between the two agencies. (B) Identify dually diagnosed consumers of mutual concern. (C) Conduct problem resolution for those consumers serviced by both systems. (2) Develop a general plan for crisis intervention for persons served by both systems. The plan shall include after-hours emergency response systems, interagency notification guidelines, and followup protocols. (3) Develop a procedure by which each dually diagnosed consumer shall be the subject of a case conference conducted jointly by both regional center staff and county mental health as soon as possible after admission into a county operated or contracted acute, inpatient mental health facility. The case conference shall confirm the diagnosis and the treatment plan. (4) Develop a procedure by which planning for dually diagnosed consumers admitted to a mental health inpatient facility shall be conducted collaboratively by both the regional center and the local mental health agency and shall commence as soon as possible or as deemed appropriate by the treatment staff. The discharge plan shall include subsequent treatment needs and the agency responsible for those services. (5) Develop a procedure by which regional center staff and county mental health staff shall collaborate to plan and provide training to community service providers, including day programs, residential facilities, and intermediate care facilities, regarding effective services to persons who are dually diagnosed. This training shall include crisis prevention with a focus on proactively recognizing crisis and intervening effectively with consumers who are dually diagnosed. (6) Develop a procedure by which the regional center and the county mental health agency shall work toward agreement on a consumer-by-consumer basis on the presenting diagnosis and medical necessity, as defined by regulations of the State Department of Health Care Services. (c) The department and the State Department of Health Care Services shall collaborate to provide a statewide perspective and technical assistance to local service regions when local problem resolution mechanisms have been exhausted and state level participation has been requested by both local agencies. (d) The director of the local regional center and the director of the county mental health agency or their designees shall meet as needed but no less than annually to do all of the following: (1) Review the effectiveness of the interagency collaboration. (2) Address any outstanding policy issues between the two agencies. (3) Establish the direction and priorities for ongoing collaboration efforts between the two agencies. (e) Copies of each memorandum of understanding shall be forwarded to the State Department of Developmental Services upon completion or whenever amended. The department shall make copies of the memorandum of understanding available to the public upon request. (f) By May 15 of each year, the department shall provide all of the following information to the Legislature: (1) The status of the memorandums of understanding developed jointly by each regional center and the county mental health agency and identify any barriers to meeting the outcomes specified in this section. (2) The availability of mobile crisis intervention services, including generic services, by regional center catchment area, including the names of vendors and rates paid. (3) A description of each regional center’s funded emergency housing options, including the names and types of vendors, the number of beds and rates, including, but not limited to, crisis emergency group homes, crisis beds in a regular group home, crisis foster homes, motel or hotel or psychiatric facility beds, and whether each emergency housing option serves minors or adults and whether it is physically accessible. (Amended by Stats. 2012, Ch. 34, Sec. 76. (SB 1009) Effective June 27, 2012.)
4696.3.
## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 7. Regional Center Clients Requiring Mental Health Services [4696 - 4697] ( Article 7 added by Stats. 1986, Ch. 36, Sec. 1. )
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A regional center must notify the clients’ rights advocate when a consumer is placed on an involuntary psychiatric hold or in a specified conservatorship.

## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 7. Regional Center Clients Requiring Mental Health Services [4696 - 4697] ( Article 7 added by Stats. 1986, Ch. 36, Sec. 1. ) ## 4696.3. A regional center shall notify the clients’ rights advocate, as described in Section 4433, of all consumers placed on an involuntary psychiatric hold or in a Lanterman-Petris-Short conservatorship pursuant to Section 5250, 5260, 5270.10, 5300, or 5350. (Added by Stats. 2019, Ch. 28, Sec. 29. (SB 81) Effective June 27, 2019.)
4697.
## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 7. Regional Center Clients Requiring Mental Health Services [4696 - 4697] ( Article 7 added by Stats. 1986, Ch. 36, Sec. 1. )
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The section says stakeholders should work together on the service and support system, and the State Department of Developmental Services is intended to help convene joint 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 7. Regional Center Clients Requiring Mental Health Services [4696 - 4697] ( Article 7 added by Stats. 1986, Ch. 36, Sec. 1. ) ## 4697. (a) The Legislature finds and declares all of the following: (1) The methods of establishing rates of payment for providers of services and supports to persons with developmental disabilities in the community should reflect the actual costs of ensuring high quality and stable services. (2) State law and regulations should reflect the type and design of community-based services and supports necessary to best meet the needs and choices of individuals with developmental disabilities and their families. (3) The licensing, vendoring, and monitoring of service and support providers is necessary to ensure the safety and satisfaction of consumers and should be achieved in a manner that is respectful of consumer privacy and choices, responsive to consumers and families, minimizes complexity and duplication, fosters partnership between state agencies and regional centers and provider in the delivery of high-quality services and supports, and respond swiftly to protect the rights and health of consumers. (4) System stakeholders must work collaboratively and continuously to ensure that the design, funding methodology, and monitoring of the service and support delivery system reflects the values and goals of those served. (b) It is the intent of the Legislature that the State Department of Developmental Services facilitate joint meetings between system stakeholders, as appropriate, to review the service delivery system and make recommendations for change when desirable. The efforts may include, but are not limited to: (1) The process by which regional centers vendor providers of services and supports and make recommendations for changes to improve the quality of services and supports and choices of consumers and families in selecting providers. (2) Ratesetting methodologies and recommendations to maximize cost-effectiveness while emphasizing quality, variety, and flexibility in the delivery of services and supports. (3) The various monitoring and oversight functions of state and local agencies and recommendations for improving effectiveness and minimizing duplication. (Added by Stats. 1998, Ch. 1043, Sec. 18. Effective January 1, 1999.)
4698.
## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 8. Community Crisis Home Certification [4698 - 4698.1] ( Article 8 added by Stats. 2014, Ch. 30, Sec. 21. )
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This section sets rules for community crisis homes, including who they may serve, certification and licensing conditions, capacity limits, monitoring duties, and when approvals can be rescinded.

## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 8. Community Crisis Home Certification [4698 - 4698.1] ( Article 8 added by Stats. 2014, Ch. 30, Sec. 21. ) ## 4698. (a) (1) “Community crisis home” means a facility certified by the State Department of Developmental Services pursuant to this article, and licensed by the State Department of Social Services, pursuant to Article 9.7 (commencing with Section 1567.80) of Chapter 3 of Division 2 of the Health and Safety Code, as an adult residential facility or a group home providing 24-hour nonmedical care to individuals with developmental disabilities receiving regional center services and in need of crisis intervention services who would otherwise be at risk of admission to the acute crisis center at Fairview Developmental Center or Sonoma Developmental Center, a State Department of Developmental Services-operated facility, an out-of-state placement, a general acute hospital, an acute psychiatric hospital, or an institution for mental disease, as described in Part 5 (commencing with Section 5900) of Division 5. A community crisis home shall have a maximum capacity of eight consumers. No more than one-third of community crisis homes may exceed a capacity of six consumers. (2) “Consumer” or “client” means an individual who has been determined by a regional center to meet the eligibility criteria of Section 4512 and applicable regulations and for whom the regional center has accepted responsibility. (b) (1) The State Department of Developmental Services, using community placement plan funds, shall establish community-based residential options consisting of community crisis homes for adults and community crisis homes for children. The community crisis homes shall serve individuals who meet all of the following criteria: (A) The child or adult has one or more developmental disabilities. (B) The child or adult receives regional center services. (C) The child or adult requires crisis intervention services. (D) The child or adult would otherwise be at risk of admission to the acute crisis center at Fairview Developmental Center or Sonoma Developmental Center, a State Department of Developmental Services-operated facility, an out-of-state placement, a general acute hospital, an acute psychiatric hospital, or an institution for mental disease, as described in Part 5 (commencing with Section 5900) of Division 5. (2) The State Department of Developmental Services may issue a certificate of program approval to a community crisis home qualified pursuant to this article. (3) A community crisis home using delayed egress devices may utilize secured perimeters in compliance with Section 1531.15 of the Health and Safety Code and applicable regulations. The total number of community crisis beds using delayed egress devices in combination with secured perimeters shall not exceed 20 percent of the statewide limit established in subdivision (k) of Section 1531.15 of the Health and Safety Code. A community crisis home that uses delayed egress devices in combination with secured perimeters shall not have more than six beds. (c) A community crisis home shall not be licensed by the State Department of Social Services until the certificate of program approval, issued pursuant to this article by the State Department of Developmental Services, has been received. (1) A community crisis home shall be certified only if approved through a regional center community placement plan pursuant to Section 4418.25. Each home shall conform to Section 441.530(a)(1) of Title 42 of the Code of Federal Regulations. The home shall be eligible for federal Medicaid home- and community-based services funding, unless the State Department of Developmental Services approves the use of delayed egress devices with secured perimeters to be utilized at the community crisis home pursuant to Section 1531.15 of the Health and Safety Code. (2) A consumer shall not be placed in a community crisis home unless the program is certified by the State Department of Developmental Services, pursuant to this article, and the facility is licensed by the State Department of Social Services, pursuant to Article 9.7 (commencing with Section 1567.80) of Chapter 3 of Division 2 of the Health and Safety Code. (3) A certificate of program approval, issued pursuant to this article by the State Department of Developmental Services, shall be a condition of licensure for the community crisis home by the State Department of Social Services, pursuant to Article 9.7 (commencing with Section 1567.80) of Chapter 3 of Division 2 of the Health and Safety Code. (4) Community crisis homes shall exceed the minimum requirements for a Residential Facility Service Level 4I pursuant to Sections 56004 and 56013 of Title 17 of the California Code of Regulations, and shall meet all applicable statutory and regulatory requirements for facility licensing, the use of behavior modification interventions, and seclusion and restraint, including Division 1.5 (commencing with Section 1180) of the Health and Safety Code, and that are applicable to facilities licensed as adult residential facilities. (d) Community crisis homes shall have a facility program plan approved by the State Department of Developmental Services. The facility program plan approved by the State Department of Developmental Services shall be submitted to the State Department of Social Services for inclusion in the facility plan of operation, pursuant to Section 1567.84 of the Health and Safety Code. (1) No later than March 1, 2020, the department shall develop guidelines regarding the use of restraint or containment in community crisis homes, which shall be maintained in the facility program plan and plan of operation. In the development of these guidelines, the department shall consult with both of the following: (A) The appropriate professionals regarding the use of restraint or containment in community crisis homes. (B) The protection and advocacy agency described in subdivision (i) of Section 4900 regarding appropriate safeguards for the protection of clients’ rights. (2) The requirements of paragraph (1) shall not apply to community crisis homes that are certified and licensed prior to March 1, 2020, or prior to the adoption of the guidelines required in paragraph (1), whichever is sooner. However, these homes shall meet the requirements of paragraph (1) no later than 30 days following adoption of the guidelines. (3) A community crisis home shall include in its facility program plan a description of how it will ensure physical restraint or containment will not be used as an extended procedure in accordance with this section, subdivision (h) of Section 1180.4 of the Health and Safety Code, and any other applicable law or regulation. (e) The local regional center and each consumer’s regional center shall have joint responsibility for monitoring and evaluating the provision of services in the community crisis home. Monitoring shall include at least monthly face-to-face, onsite case management visits with each consumer by the consumer’s regional center and at least quarterly quality assurance visits by the vendoring regional center. The State Department of Developmental Services shall monitor and ensure the regional centers’ compliance with their monitoring responsibilities. (f) A consumer’s regional center shall also notify the clients’ rights advocate of each community crisis home admission. Unless the consumer objects on the consumer’s own behalf, the clients’ rights advocate may participate in developing the plan to transition the consumer to the consumer’s prior residence or an alternative community-based residential setting with needed services and supports. (g) The State Department of Developmental Services shall establish by regulation a rate methodology for community crisis homes that includes a fixed facility component for residential services and an individualized services and supports component based on each consumer’s needs as determined through the individual program plan process, which may include assistance with returning to the consumer’s prior living arrangement or transitioning to an alternative community residential setting, including, when appropriate for the individual, wraparound services through intensive individualized support services. (h) If the State Department of Developmental Services determines that urgent action is necessary to protect a consumer residing in a community crisis home from physical or mental abuse, abandonment, or any other substantial threat to the consumer’s health and safety, the State Department of Developmental Services may request that the regional center or centers remove the consumer from the community crisis home or direct the regional center or centers to obtain alternative or additional services for the consumer within 24 hours of that determination. When possible, an individual program plan (IPP) meeting shall be convened to determine the appropriate action pursuant to this section. In any case, an IPP meeting shall be convened within 30 days following an action pursuant to this section. The regional center shall notify the clients’ rights advocate of any removal from the community crisis home. (i) The Director of Developmental Services shall rescind a community crisis home’s certificate of program approval when, in the director’s sole discretion, a community crisis home does not maintain substantial compliance with an applicable statute, regulation, or ordinance, or cannot ensure the health and safety of consumers. The decision of the Director of Developmental Services shall be the final administrative decision. The Director of Developmental Services shall transmit a decision rescinding a community crisis home’s certificate of program approval to the State Department of Social Services and the regional center with a recommendation as to whether to revoke the community crisis home license, and the State Department of Social Services shall revoke the license of the community crisis home pursuant to Section 1550 of the Health and Safety Code. (j) The State Department of Developmental Services and regional centers shall provide to the State Department of Social Services all available documentation and evidentiary support necessary for the licensing and administration of community crisis homes and enforcement of Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code, and the applicable regulations. (Amended by Stats. 2019, Ch. 28, Sec. 30. (SB 81) Effective June 27, 2019.)
4698.1.
## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 8. Community Crisis Home Certification [4698 - 4698.1] ( Article 8 added by Stats. 2014, Ch. 30, Sec. 21. )
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Emergency regulations must be developed before a certificate of program approval can be issued, and the department must consult specified stakeholders.

## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 8. Community Crisis Home Certification [4698 - 4698.1] ( Article 8 added by Stats. 2014, Ch. 30, Sec. 21. ) ## 4698.1. (a) A certificate of program approval shall not be issued pursuant to this article until the publication in Title 17 of the California Code of Regulations of emergency regulations filed by the State Department of Developmental Services. These regulations shall be developed in consultation with stakeholders, including the State Department of Social Services, consumer advocates, and regional centers. The regulations shall address at least all of the following: (1) Program standards, including program design requirements, staffing structure, staff qualifications, and training. Training requirements shall include all of the following: (A) A minimum of 16 hours of emergency intervention training, which shall include the techniques the facility will use to prevent injury and maintain safety regarding consumers who are a danger to self or others and shall emphasize positive behavioral supports and techniques that are alternatives to physical restraint. (B) Additional training for direct care staff to address the specialized needs of the consumers, including training in emergency interventions. (2) Requirements and timelines for the development and updating of each consumer’s individual program plan, including time-limited objectives and a plan to transition the consumer to his or her prior residence or an alternative community-based residential setting with needed services and supports. In developing these regulations, the department shall place a high priority on transitioning the consumer to his or her prior residence, when that is the preferred objective in the consumer’s individual program plan. (3) Procedures and requirements for identifying and providing supplemental and ancillary staffing and supports, including therapeutic, behavioral, and clinical services and supports, based on individual consumer need. (4) The rate methodology. (5) Consumer rights and protections. (b) The adoption, amendment, repeal, or readoption of a regulation authorized by this section is deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the State Department of Developmental Services is hereby exempted from the requirement that it describe specific facts showing the need for immediate action. These emergency regulations shall be developed in consultation with system stakeholders. A certificate of compliance for these implementing regulations shall be filed within 24 months following the adoption of the first emergency regulations filed pursuant to this section. The emergency regulations may be readopted and remain in effect until approval of the certificate of compliance. (Added by Stats. 2014, Ch. 30, Sec. 21. (SB 856) Effective June 20, 2014.)
4698.50.
## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 9. Oral Health for People with Disabilities Technical Assistance Center Program [4698.50 - 4698.53] ( Article 9 added by Stats. 2025, Ch. 612, Sec. 2. )
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The department must contract with a California dental school or college by July 1, 2027 to run the program, then report annually to the Legislature; the contract is exempt from certain procurement reviews.

## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 9. Oral Health for People with Disabilities Technical Assistance Center Program [4698.50 - 4698.53] ( Article 9 added by Stats. 2025, Ch. 612, Sec. 2. ) ## 4698.50. (a) No later than July 1, 2027, the State Department of Developmental Services shall contract with a public or private California dental school or college to administer the Oral Health for People with Disabilities Technical Assistance Center Program. The department shall prioritize contracting with a public California dental school or college to administer the program. The purpose of the program is to improve dental care services for people with developmental and intellectual disabilities by reducing or eliminating the need for dental treatment using sedation and general anesthesia. The contract shall expire on June 30, 2032. (b) The contracted California dental school or college may partner with a public or private dental school or college. If the contracted California dental school or college elects to partner with another dental school or college, the contracted California dental school or college shall prioritize partnering with a public California dental school or college. The contracted school or resulting partnership shall collectively meet both of the following qualifications: (1) All partner public or private schools shall be located in California and be approved by the Dental Board of California or the Commission on Dental Accreditation of the American Dental Association. (2) Lead faculty at one or more schools shall demonstrate having developed and implemented at regional centers, community-based dental care programs that have achieved all of the following: (A) Successfully used teledentistry-supported systems to bring dental care to people with developmental disabilities in community settings. (B) Successfully reduced the number of people needing dental care using sedation or general anesthesia. (C) Demonstrated improved oral health in community settings as the result of meeting the achievements described in subparagraphs (A) and (B). (c) In administering the Oral Health for People with Disabilities Technical Assistance Center Program, the contracted school or partnership shall do all of the following: (1) Work with the department to engage up to 21 regional centers to participate in the program. (2) Provide practical experience, systems development, and expertise in relevant subject areas. (3) Enlist dental offices and clinics to participate and establish teams of community-based allied personnel and dentists to work with each participating regional center. (4) Design, implement, and support customized operational systems in each community in conjunction with the local oral health community and regional center personnel. (5) Provide initial and ongoing training, monitoring, and support for participating oral health personnel, including, but not limited to, dental offices and clinics, and dentists and allied dental personnel. (6) Provide initial and ongoing training, monitoring, and support for participating regional center personnel. (7) Monitor and support the ongoing improvement and sustainability of operational systems at each regional center. (8) Organize and direct a statewide advisory committee and learning community. (9) Collect and analyze program data with the support of participating regional centers and oral health providers. (d) Beginning one year after the contract described in subdivision (a) commences and until June 30, 2033, the department shall submit to the Legislature an annual report of the data described in paragraph (9) of subdivision (c), in accordance with Section 9795 of the Government Code. (e) To implement this section, the department may enter into exclusive or nonexclusive contracts, or amend existing contracts, on a bid or negotiated basis. Contracts entered into or amended pursuant to this subdivision shall be exempt from Chapter 6 (commencing with Section 14825) of Part 5.5 of Division 3 of Title 2 of the Government Code, Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code, and the review or approval of the Department of General Services. (Added by Stats. 2025, Ch. 612, Sec. 2. (AB 341) Effective January 1, 2026.)
4698.51.
## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 9. Oral Health for People with Disabilities Technical Assistance Center Program [4698.50 - 4698.53] ( Article 9 added by Stats. 2025, Ch. 612, Sec. 2. )
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Participating regional centers must take several steps for the oral health technical assistance center program, including naming a lead person, making vendor agreements, identifying eligible people, collecting referral information, making referrals, and monitoring 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 9. Oral Health for People with Disabilities Technical Assistance Center Program [4698.50 - 4698.53] ( Article 9 added by Stats. 2025, Ch. 612, Sec. 2. ) ## 4698.51. Participating regional centers shall do all of the following: (a) Designate a lead person at each regional center with responsibility for duties related to this article. (b) Establish vendor agreements with interested oral health professionals. (c) Identify people with intellectual and developmental disabilities who can benefit from the program, especially those who are already experiencing long wait times for dental care using sedation or general anesthesia, or those who are likely to experience long wait times in the future. (d) Collect and store social, medical, and consent history and information necessary for a referral to a participating oral health professional. (e) Facilitate referrals to participating oral health professionals. (f) Monitor program and individual patient activity and progress. (Added by Stats. 2025, Ch. 612, Sec. 2. (AB 341) Effective January 1, 2026.)
4698.52.
## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 9. Oral Health for People with Disabilities Technical Assistance Center Program [4698.50 - 4698.53] ( Article 9 added by Stats. 2025, Ch. 612, Sec. 2. )
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The department must establish and support procedures, guidance, and technical assistance for this program, and may also consult with other state entities and adopt needed 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 9. Oral Health for People with Disabilities Technical Assistance Center Program [4698.50 - 4698.53] ( Article 9 added by Stats. 2025, Ch. 612, Sec. 2. ) ## 4698.52. (a) The department shall do all of the following: (1) Establish procedures for regional center directors, or their designees, to participate in the program. (2) Provide guidance and establish protocols to support the program, including detailed clarification of payment for the various components of the program, workflow, and purchase-of-service authorizations and payments. (3) Provide guidance for regional centers regarding the use of specialized therapeutic services payments. (4) Provide guidance and technical assistance for regional centers to streamline the vendorization process for dental professionals. (5) Allow regional centers to aggregate and publish anonymized results data. (b) The department may consult and share information with other state entities as necessary to implement this article. (c) The department may adopt other rules and regulations necessary to implement this article. (Added by Stats. 2025, Ch. 612, Sec. 2. (AB 341) Effective January 1, 2026.)
4698.53.
## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 9. Oral Health for People with Disabilities Technical Assistance Center Program [4698.50 - 4698.53] ( Article 9 added by Stats. 2025, Ch. 612, Sec. 2. )
Verify source ↗

This article can be implemented only if the Legislature appropriates money for this purpose.

## 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 6. Development and Support of Community Facilities and Programs [4670 - 4698.53] ( Chapter 6 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 9. Oral Health for People with Disabilities Technical Assistance Center Program [4698.50 - 4698.53] ( Article 9 added by Stats. 2025, Ch. 612, Sec. 2. ) ## 4698.53. Implementation of this article is subject to an appropriation by the Legislature for the purpose of this article. (Added by Stats. 2025, Ch. 612, Sec. 2. (AB 341) Effective January 1, 2026.)
4699.
## 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 6.5. Developmental Services Workforce Stabilization [4699 - 4699.7] ( Chapter 6.5 added by Stats. 2022, Ch. 49, Sec. 28. )
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The Legislature states findings about developmental services workforce needs and says the department should support recruitment, hiring, and use of technology as a complement to direct 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 6.5. Developmental Services Workforce Stabilization [4699 - 4699.7] ( Chapter 6.5 added by Stats. 2022, Ch. 49, Sec. 28. ) ## 4699. The Legislature finds and declares all of the following: (a) The State Department of Developmental Services estimates that about 120,000 direct support professionals and about 5,500 regional center service coordinators served approximately 370,000 consumers in fiscal year 2021–22. (b) Workforce capacity among direct support professionals and regional center service coordinators is a growing concern in the developmental services system. (c) Based on annual projected regional center caseload growth and assumptions about direct support professional turnover, the developmental services system is projected to need approximately 33,000 direct support professionals and 2,700 regional center service coordinators over the next five years. (d) To be responsive to California’s changing demographics, the department should support regional centers and service providers in undertaking a purposeful approach to recruiting and hiring workers from diverse communities and explore technological advancements as a complement to workers who provide direct services. (Added by Stats. 2022, Ch. 49, Sec. 28. (SB 188) Effective June 30, 2022.)
4699.1.
## 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 6.5. Developmental Services Workforce Stabilization [4699 - 4699.7] ( Chapter 6.5 added by Stats. 2022, Ch. 49, Sec. 28. )
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This chapter may be implemented only if the Legislature appropriates money for it.

## 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 6.5. Developmental Services Workforce Stabilization [4699 - 4699.7] ( Chapter 6.5 added by Stats. 2022, Ch. 49, Sec. 28. ) ## 4699.1. Implementation of this chapter shall be subject to an appropriation by the Legislature for the purpose of this chapter. (Added by Stats. 2022, Ch. 49, Sec. 28. (SB 188) Effective June 30, 2022.)
4699.2.
## 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 6.5. Developmental Services Workforce Stabilization [4699 - 4699.7] ( Chapter 6.5 added by Stats. 2022, Ch. 49, Sec. 28. )
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The department must establish a training-stipend program, regional centers must administer it with service providers, and service providers and regional centers must report participation data to the department.

## 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 6.5. Developmental Services Workforce Stabilization [4699 - 4699.7] ( Chapter 6.5 added by Stats. 2022, Ch. 49, Sec. 28. ) ## 4699.2. (a) The department shall establish, and regional centers shall administer in coordination with service providers, a program to provide training stipends to direct support professionals. (b) It is the intent of the Legislature to enhance the quality of services received by consumers, improve direct support professional retention, and increase interest among direct support professionals in skills development and continuous learning opportunities by offering stipends for the completion of training courses. (c) A regional center shall provide up to two five-hundred-dollar ($500) training stipends to a direct support professional who completes training and development courses as specified by the department. (d) Each training stipend shall be paid no later than three months after the conclusion of a training requirement. (e) A portion of the program funding shall be used to compensate service providers an amount, in the form of a fee, as necessary to cover the reasonable costs to administer the program in coordination with regional centers, as determined by the department. (f) Service providers and regional centers shall track participation and shall report to the department on a quarterly basis, commencing on January 31, 2023, on cumulative and reporting-period data about the number of participants, the administration of the fee pursuant to subdivision (e), the selection of training and development courses, and turnover information among participants. (g) Training and development courses shall commence no later than November 1, 2022. A program participant may enroll in a training and development course on a later date. (Added by Stats. 2022, Ch. 49, Sec. 28. (SB 188) Effective June 30, 2022.)
4699.3.
## 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 6.5. Developmental Services Workforce Stabilization [4699 - 4699.7] ( Chapter 6.5 added by Stats. 2022, Ch. 49, Sec. 28. )
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The department must establish an entry-level training and internship program, and regional centers must administer it, if the Legislature appropriates 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 6.5. Developmental Services Workforce Stabilization [4699 - 4699.7] ( Chapter 6.5 added by Stats. 2022, Ch. 49, Sec. 28. ) ## 4699.3. (a) The department shall establish, and regional centers shall administer, an entry-level training and internship program for individuals interested in becoming direct support professionals, subject to an appropriation by the Legislature. (b) It is the intent of the Legislature to enhance the quality of services received by consumers and increase the hiring and retention of direct support professionals through the creation of a training and internship program that demonstrates the career opportunities available to individuals interested in becoming direct support professionals, while providing them with the skills that they need to deliver high-quality services to consumers. (c) The training and internship program shall do all of the following: (1) Contract with outside agencies for recruitment outreach. (2) Offer three-month internships that provide entry-level training and practical work experience for participants. (3) Outline the wage and employments costs for paid internships up to 30 hours per week, to collectively cover participant wages and service provider costs. (4) Focus on populations that reflect the state’s diverse population and that do not traditionally have a pathway toward jobs in the developmental services field. (5) Establish an entry point to the continuum of developmental services workforce development, including the training described in Section 4511.5. (6) Create opportunities for postinternship permanent employment with service providers and allow for a five-hundred-dollar ($500) retention stipend after six months of continuous employment and another five-hundred-dollar ($500) stipend after one year of continuous employment. (d) Regional centers shall track participation and report to the department on a quarterly basis on cumulative and reporting-period data about the number of participants, the number of participants hired, and the number of six-month and one-year employment stipends provided. (e) Internships shall be available no later than June 1, 2023. A program participant may enroll in an internship on a later date. (Amended by Stats. 2024, Ch. 47, Sec. 12. (AB 162) Effective July 2, 2024.)
4699.4.
## 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 6.5. Developmental Services Workforce Stabilization [4699 - 4699.7] ( Chapter 6.5 added by Stats. 2022, Ch. 49, Sec. 28. )
Verify source ↗

This section requires the department and regional centers to run a tuition reimbursement program for certain regional center employees, sets repayment/workback requirements, and requires reporting and eligibility-rule publication.

## 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 6.5. Developmental Services Workforce Stabilization [4699 - 4699.7] ( Chapter 6.5 added by Stats. 2022, Ch. 49, Sec. 28. ) ## 4699.4. (a) The department shall establish, and regional centers shall administer, a tuition reimbursement program for regional center employees who seek a degree or certification in a health or human services-related field. (b) It is the intent of the Legislature to enhance regional center services received by consumers, increase subject matter expertise and career advancement options at regional centers, and improve employee retention rates at regional centers by offering tuition reimbursement for eligible regional center employees. (c) Each qualifying participant shall be eligible to receive up to ten thousand dollars ($10,000) annually for up to three years. (d) In exchange for tuition reimbursement, participants shall be required to work at the regional center for no less than one year for each year of tuition reimbursement following completion of their degree or certification. An employee may transfer to another regional center to complete this requirement. The funding regional center shall notify the department within 30 days after a request from an employee to transfer to another regional center to complete this requirement. The receiving regional center is responsible for reporting the information required in subdivision (g). (e) By September 1, 2022, the department shall publish eligibility requirements for regional center staff participation. These requirements shall include information about which regional center staff are eligible, which academic programs or types of academic programs are eligible, minimum application requirements, concurrent regional center work requirements, and postgraduation regional center work requirements. In addition, the department shall describe the terms of the program, including repayment or partial repayment requirements for individuals who do not complete their degree or certification or do not complete the concurrent or postgraduation work requirements. (f) Tuition reimbursement shall be available for the 2022–23 through 2024–25 fiscal years. (g) Regional centers shall report to the department on an annual basis, commencing on April 1, 2023, and thereafter on January 1 of each year until January 1, 2026, on data about the program, including number and demographics of applicants and participants and their regional center position, degree and field sought, and how long they were employed by the regional center after completing their degree or certification. (Added by Stats. 2022, Ch. 49, Sec. 28. (SB 188) Effective June 30, 2022.)
4699.5.
## 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 6.5. Developmental Services Workforce Stabilization [4699 - 4699.7] ( Chapter 6.5 added by Stats. 2022, Ch. 49, Sec. 28. )
Verify source ↗

The department must seek input from stakeholders while implementing this chapter.

## 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 6.5. Developmental Services Workforce Stabilization [4699 - 4699.7] ( Chapter 6.5 added by Stats. 2022, Ch. 49, Sec. 28. ) ## 4699.5. (a) The department shall seek input from stakeholders throughout the implementation of this chapter. (b) Stakeholders may include, but are not limited to, any of the following: (1) Consumers and families across different geographic regions of the state and from diverse racial and ethnic backgrounds, and diverse consumer age groups and disabilities. (2) Regional center representatives, including executive-level staff, administrative staff, and service coordinators. (3) Service providers representing a diverse range of service types and models and including executive staff and direct support professionals. (c) The department may utilize one of its existing stakeholder groups if it meets the criteria described in this section to conduct this consultation. (Added by Stats. 2022, Ch. 49, Sec. 28. (SB 188) Effective June 30, 2022.)
4699.6.
## 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 6.5. Developmental Services Workforce Stabilization [4699 - 4699.7] ( Chapter 6.5 added by Stats. 2022, Ch. 49, Sec. 28. )
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The department must give quarterly briefings and submit a report to the Legislature on the chapter’s program progress and success.

## 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 6.5. Developmental Services Workforce Stabilization [4699 - 4699.7] ( Chapter 6.5 added by Stats. 2022, Ch. 49, Sec. 28. ) ## 4699.6. (a) The department shall report to the Legislature at quarterly briefings for legislative staff about the progress on the programs described in this chapter. Reporting shall include summaries of the relevant data collected by service providers and regional centers. (b) The department shall submit a report to the Legislature, in accordance with Section 9795 of the Government Code, no later than January 10, 2026, evaluating the success of the programs described in this chapter. As applicable, the report shall include, but not be limited to, information about all of the following: (1) Summary information about each program, including statistics on participation and program completion, participant demographics, and participation by regional center and type of service provider. (2) Number of new hires at service providers and regional centers. (3) Employee retention and turnover rates at service providers and regional centers overall and among the program participant population, including available baseline rates prior to implementation of the programs and rates following completion of the programs. (4) Consumer and family satisfaction and other measures of consumer outcomes. (Added by Stats. 2022, Ch. 49, Sec. 28. (SB 188) Effective June 30, 2022.)
4699.7.
## 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 6.5. Developmental Services Workforce Stabilization [4699 - 4699.7] ( Chapter 6.5 added by Stats. 2022, Ch. 49, Sec. 28. )
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The department may use written directives or similar instructions to implement, interpret, or make specific this chapter through June 30, 2025, despite ordinary APA rulemaking rules. Service-procurement contracts for implementing this chapter are exempt from specified procurement requirements and from Department of General Services 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 6.5. Developmental Services Workforce Stabilization [4699 - 4699.7] ( Chapter 6.5 added by Stats. 2022, Ch. 49, Sec. 28. ) ## 4699.7. (a) 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, the provisions of this chapter by means of written directives or similar instructions through June 30, 2025. (b) Contracts to procure services to implement this chapter 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. (Added by Stats. 2022, Ch. 49, Sec. 28. (SB 188) Effective June 30, 2022.)
4700.
## 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 7. Appeal Procedure [4700 - 4731] ( Chapter 7 repealed and added by Stats. 1982, Ch. 506, Sec. 2. ) ## ARTICLE 1. Definitions [4700 - 4702] ( Article 1 repealed and added by Stats. 2022, Ch. 49, Sec. 30. )
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The definitions in this article control how this chapter is read, unless the context requires otherwise.

## 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 7. Appeal Procedure [4700 - 4731] ( Chapter 7 repealed and added by Stats. 1982, Ch. 506, Sec. 2. ) ## ARTICLE 1. Definitions [4700 - 4702] ( Article 1 repealed and added by Stats. 2022, Ch. 49, Sec. 30. ) ## 4700. Unless the context otherwise requires, the definitions set forth in this article govern the construction of this chapter. (Repealed and added by Stats. 2022, Ch. 49, Sec. 30. (SB 188) Effective June 30, 2022.)
4701.
## 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 7. Appeal Procedure [4700 - 4731] ( Chapter 7 repealed and added by Stats. 1982, Ch. 506, Sec. 2. ) ## ARTICLE 1. Definitions [4700 - 4702] ( Article 1 repealed and added by Stats. 2022, Ch. 49, Sec. 30. )
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This section defines appeal-related terms and requires notices about service actions to be written clearly, in the preferred language, and to include specified 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 7. Appeal Procedure [4700 - 4731] ( Chapter 7 repealed and added by Stats. 1982, Ch. 506, Sec. 2. ) ## ARTICLE 1. Definitions [4700 - 4702] ( Article 1 repealed and added by Stats. 2022, Ch. 49, Sec. 30. ) ## 4701. (a) “Adequate notice” means a written notice using the form prescribed by the department. The notice shall be in plain, clear, and nontechnical language. The notice shall be provided in the language preferred by the recipient or applicant receiving the notice, and, if appropriate, the authorized representative. The notice shall be sent to the recipient or applicant and, if appropriate, their authorized representative, as specified in Section 4710. The notice shall provide the following information: (1) The action that the regional center or state-operated facility proposes to take, including a statement of the facts upon which the regional center or state-operated facility is relying. (2) The reason or reasons for that action. (3) The effective date of that action. (4) The specific provision or provisions of law, regulation, or policy supporting the action. (5) Information on availability of advocacy assistance, including referral to the clients’ rights advocates specified in Sections 4433 and 4433.5, the State Council on Developmental Disabilities, publicly funded legal services organizations, and other advocacy organizations, including the agency designated as the protection and advocacy system as required under the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. Sec. 6000 et seq.) and as provided in Division 4.7 (commencing with Section 4900). (6) A statement indicating whether the recipient is a participant in the Medicaid home and community-based services waiver. (7) Information about how to file an appeal with the department, unless the department has designated another agency to receive appeal requests, and the contact information for the department. (8) Information about the following rights that are available at all steps in the appeals process: (A) To have an interpreter provide interpretation in the preferred language of the applicant or recipient and, if appropriate, the preferred language of the authorized representative. (B) Access to records, including all records maintained in the individual’s regional center or state-operated facility file, pursuant to Article 5 (commencing with Section 4725). (9) Information about the following rights if a fair hearing is requested: (A) The opportunity to attend and participate in all proceedings and to present written and oral evidence. (B) The opportunity to examine and cross-examine witnesses. (C) The right to appear in person with counsel or other representatives of their own choosing. (D) The fair hearing shall be completed and a final administrative decision rendered within 90 days of the date the hearing request form is received by the department unless the fair hearing request has been withdrawn or the time period has been extended in accordance with this chapter. (E) The right to request the disqualification of the hearing officer by filing an affidavit or making an objection on the record as specified in subdivision (g) of Section 4712. The information required by this subparagraph shall be included in the notice required by this paragraph no later than October 1, 2022. (10) Information about the appeals process and timelines, including when current services are continued during the appeals process, and when a claimant can request a continuance. (11) (A) Whether or not the individual is eligible for an exemption or exception to the action the regional center proposes to take as specified in subparagraph (D) of paragraph (6) of subdivision (a) of Section 4648, subdivision (d) of Section 4648.35, subdivision (d) of Section 4659, subdivision (i) of Section 4689, and subdivisions (a) and (d) of Section 4689.05, subdivision (b) of Section 95004 of the Government Code, and paragraph (3) of subdivision (e) of Section 95020 of the Government Code. (B) The specific law supporting any of the above-specified exemptions or exceptions. (b) “Appeal request form” means a form prescribed by the department that includes the name, address, contact information, and birth date of the claimant, date of the appeal request, the name of the regional center that provides services to the claimant or where an applicant has applied for services, the reason an appeal is requested, and the name, address, and relationship to the claimant of the authorized representative, if any. The appeal request form shall also indicate whether the claimant or their authorized representative is requesting an informal meeting, a mediation, or a fair hearing, or any combination of these options. A copy of the appointment of the authorized representative, by the claimant or the State Council on Developmental Disabilities if any, shall also be included. The form shall provide information about how to file an appeal and contact information for filing the appeal request form with the department unless the department has designated a different agency to receive the form. (c) “Applicant” means a person who has applied for services from a regional center, or on whose behalf services have been applied for. (d) (1) “Authorized representative” means any conservator, or legal guardian, parent, or person having legal custody of a minor claimant, who acts for or represents the claimant or a person or agency appointed pursuant to subdivision (a) of Section 4541 or subdivision (d) of Section 4705 and authorized in writing by the claimant or by the legal guardian, conservator, or parent or person having legal custody of a minor claimant to act for or represent the claimant under this chapter. (2) “Authorized representative” also means any responsible adult appointed by a court order made pursuant to subdivision (j) of Section 319, subdivision (a) of Section 361, or subdivision (b) of Section 726 who the court determines is an appropriate representative for the minor, and who does not have a conflict of interest, as defined in subdivision (i) of Section 7579.5 of the Government Code, including, but not limited to, a foster parent, caregiver, or court-appointed special advocate. (e) “Business days” means any day other than a Saturday, Sunday, or any other day that is an observed state or federal holiday. (f) “Claimant” means an applicant for or recipient of services who has filed an appeal. (g) “Days” means calendar days. (h) “Hearing office” means the state agency that the department has designated to provide mediation and administrative hearing services. (i) “Interpreter” means an individual who is able to interpret effectively, accurately, and impartially, both receptively and expressively. (j) “Medicaid home and community-based services waiver participant” means an individual deemed eligible and receiving services through a Medicaid home and community-based services waiver program. (k) “Mutual consent” means that the recipient or, if appropriate, their authorized representative, agrees with a regional center’s or state operated facility’s proposal to reduce, terminate, or change the services specified in an individual program plan or to deny the initiation of a service or support requested for inclusion in the individual program plan and that agreement is affirmatively documented, subsequent to the regional center’s proposal or denial, in a signed individual program plan, a signed list of services pursuant to subdivision (g) of Section 4646, or other written communication from a recipient or authorized representative affirmatively agreeing to all or part of the regional center’s or state-approved facility’s proposal or denial. (1) In the absence of written documentation, if the regional center or state-operated facility has a good faith belief that an agreement exists, it shall, within five business days of the agreement, send a letter confirming the agreement to the recipient and, if appropriate, their authorized representative, if any, by standard mail, certified mail, or email at their preference as indicated in their individual program plan. The letter shall include at least all of the following: (A) The factual basis for the regional center’s or state-operated facility’s good faith belief that an agreement exists to reduce, terminate, or change the services specified in an individual program plan or to deny the initiation of a service or support requested for inclusion in the individual program plan. (B) The action the service agency intends to take. (C) The reason or reasons for that action. (D) The availability of an appeals process if the applicant, recipient, or authorized representative disagrees with the decision and a link to the department’s internet website with information about the appeals process. (E) Information about how to express disagreement with the decision and how to obtain additional information about the appeals process. (F) An appeal request form as described in subdivision (b). (2) If the regional center is informed that the recipient or, if appropriate, their authorized representative, disagrees with its decision, the regional center shall immediately send adequate notice as defined in subdivision (a). (3) This subdivision shall become operative on March 1, 2023. (l) “Persons who have the right to request an appeal” means an applicant, recipient, and those individuals defined in subdivision (d). (m) “Preferred language” means the language chosen by the applicant or recipient, and if applicable, the authorized representative. (n) “Recipient” means a person with a developmental disability who receives services from a regional center or a state-operated facility. (o) “Services” means the type and amount of services and services components set forth in the recipient’s individual program plan pursuant to Section 4646, and provided by a regional center or by the department at a state-operated facility. (Repealed and added by Stats. 2022, Ch. 49, Sec. 30. (SB 188) Effective June 30, 2022.)
4702.
## 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 7. Appeal Procedure [4700 - 4731] ( Chapter 7 repealed and added by Stats. 1982, Ch. 506, Sec. 2. ) ## ARTICLE 1. Definitions [4700 - 4702] ( Article 1 repealed and added by Stats. 2022, Ch. 49, Sec. 30. )
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Regional centers and certain vendors must post links on their websites to the department’s appeals-process page and contact 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 7. Appeal Procedure [4700 - 4731] ( Chapter 7 repealed and added by Stats. 1982, Ch. 506, Sec. 2. ) ## ARTICLE 1. Definitions [4700 - 4702] ( Article 1 repealed and added by Stats. 2022, Ch. 49, Sec. 30. ) ## 4702. Each regional center and each vendor that contracts with a regional center to provide services to recipients shall conspicuously post on its internet web, if any, links to the department’s internet website page that provides a description of the appeals process set forth in this chapter and department contact information for providing information and education to recipients and applicants about the appeals process, including the notice of proposed action, timelines, options for resolving disagreements, and rights during the appeals process. (Repealed and added by Stats. 2022, Ch. 49, Sec. 30. (SB 188) Effective June 30, 2022.)
4705.
## 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 7. Appeal Procedure [4700 - 4731] ( Chapter 7 repealed and added by Stats. 1982, Ch. 506, Sec. 2. ) ## ARTICLE 2. General Provisions [4705 - 4708] ( Article 2 added by Stats. 1982, Ch. 506, Sec. 2. )
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Regional centers, state-operated facilities, and some other state-funded agencies must maintain and disclose appeals or grievance procedures, and the state department must issue implementing 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 7. Appeal Procedure [4700 - 4731] ( Chapter 7 repealed and added by Stats. 1982, Ch. 506, Sec. 2. ) ## ARTICLE 2. General Provisions [4705 - 4708] ( Article 2 added by Stats. 1982, Ch. 506, Sec. 2. ) ## 4705. Every regional center or state-operated facility shall, as a condition of continued receipt of state funds, have an appeals procedure for resolving conflicts between the regional center or state-operated facility and recipients of, or applicants for, service. The State Department of Developmental Services shall promulgate regulations to implement this chapter, which shall be binding on every regional center or state-operated facility. (a) (1) Any public or private agency receiving state funds for the purpose of serving persons with developmental disabilities not otherwise subject to the provisions of this chapter shall, as a condition of continued receipt of state funds, adopt and periodically review a written internal grievance procedure. (b) An agency that employs an appeals procedure mandated by any other statute shall be considered to have an approved procedure for purposes of this chapter. (c) (1) The regional center’s and the state-operated facility’s appeals procedures for informal meetings, mediations, and fair hearings shall be stated in writing, in English and any other language that may be appropriate to the preferred language of the applicants and recipients served by the regional center or the state-operated facility. (2) All recipients and applicants, and persons having legal responsibility for recipients or applicants, shall be informed verbally of, and shall be notified in writing in their preferred language of, the regional center’s or the state-operated facility’s appeals procedures for informal meetings, mediations, and fair hearings when they apply for service, when they are denied service, when notice of service modification is given pursuant to Section 4710, and upon request. (d) If, in the opinion of any person, the rights or interests of a claimant who has not personally authorized a representative will not be properly protected or advocated, the State Council on Developmental Disabilities and the clients’ right advocate assigned to the regional center or state-operated facility shall be notified, and the State Council on Developmental Disabilities may appoint a person or agency as representative, pursuant to subdivision (a) of Section 4541, to assist the claimant in the mediation and fair hearing procedure. The appointment shall be in writing to the authorized representative and a copy of the appointment shall be immediately mailed to the regional center director or the state-operated facility director. (e) This section shall become operative on March 1, 2023. (Repealed (in Sec. 31) and added by Stats. 2022, Ch. 49, Sec. 32. (SB 188) Effective June 30, 2022. Operative March 1, 2023, by its own provisions.)
4705.5.
## 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 7. Appeal Procedure [4700 - 4731] ( Chapter 7 repealed and added by Stats. 1982, Ch. 506, Sec. 2. ) ## ARTICLE 2. General Provisions [4705 - 4708] ( Article 2 added by Stats. 1982, Ch. 506, Sec. 2. )
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Regional center and department attorneys generally may not attend certain appeal-related meetings unless narrow claimant-attorney conditions are met; the claimant must give advance notice when an attorney will attend.

## 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 7. Appeal Procedure [4700 - 4731] ( Chapter 7 repealed and added by Stats. 1982, Ch. 506, Sec. 2. ) ## ARTICLE 2. General Provisions [4705 - 4708] ( Article 2 added by Stats. 1982, Ch. 506, Sec. 2. ) ## 4705.5. (a) Unless the claimant is themselves an attorney licensed to practice law in California, or unless the claimant will have an attorney licensed to practice law in California in attendance, a regional center attorney or department attorney shall not attend an informal meeting, mediation, or fair hearing described in this chapter. The claimant shall notify the regional center and the hearing office at least 5 days prior to mediation, and 15 days prior to a fair hearing, that the claimant will have an attorney in attendance. However, the hearing officer may notify the parties in advance of a hearing that the hearing officer is allowing the attendance of an attorney in the interest of justice. (b) This section shall become operative on October 1, 2022. (Added by Stats. 2022, Ch. 49, Sec. 33. (SB 188) Effective June 30, 2022. Operative October 1, 2022, by its own provisions.)
4706.
## 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 7. Appeal Procedure [4700 - 4731] ( Chapter 7 repealed and added by Stats. 1982, Ch. 506, Sec. 2. ) ## ARTICLE 2. General Provisions [4705 - 4708] ( Article 2 added by Stats. 1982, Ch. 506, Sec. 2. )
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For certain fair hearings involving Medicaid waiver services, the State Department of Health Care Services may review and modify decisions.

## 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 7. Appeal Procedure [4700 - 4731] ( Chapter 7 repealed and added by Stats. 1982, Ch. 506, Sec. 2. ) ## ARTICLE 2. General Provisions [4705 - 4708] ( Article 2 added by Stats. 1982, Ch. 506, Sec. 2. ) ## 4706. (a) Except as provided in subdivision (b) to the extent permitted by federal law, all issues concerning the rights of persons with developmental disabilities to receive services under this division shall be decided under this chapter, including those issues related to fair hearings, granted by the Medicaid home and community-services waiver to the State Department of Health Care Services. (b) Whenever a fair hearing under this chapter involves services provided under the Medicaid home and community-based services waiver, the State Department of Health Care Services shall retain the right, as provided in Section 4712.5, to review and modify any decision reached under this chapter. (Amended by Stats. 2022, Ch. 49, Sec. 34. (SB 188) Effective June 30, 2022.)
4707.
## 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 7. Appeal Procedure [4700 - 4731] ( Chapter 7 repealed and added by Stats. 1982, Ch. 506, Sec. 2. ) ## ARTICLE 2. General Provisions [4705 - 4708] ( Article 2 added by Stats. 1982, Ch. 506, Sec. 2. )
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This section sets out appeal options for certain recipients and applicants, including an informal meeting, mediation, and a fair hearing, with timing rules for requests and possible waivers of the 90-day decision 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 7. Appeal Procedure [4700 - 4731] ( Chapter 7 repealed and added by Stats. 1982, Ch. 506, Sec. 2. ) ## ARTICLE 2. General Provisions [4705 - 4708] ( Article 2 added by Stats. 1982, Ch. 506, Sec. 2. ) ## 4707. (a) The following appeals processes shall be available for resolving conflicts between regional centers or state-operated facilities and recipients of, or applicants for, services under this chapter. (1) An informal meeting held by the regional center or state-operated facility to resolve the issue or issues as provided for in Sections 4710.6 to 4710.9, inclusive. (2) Mediation as provided for in Section 4711.5. (3) A fair hearing as provided for in Sections 4711 and 4712. (b) When filing an appeal, a claimant may initially request one or more parts of the appeals processes identified in subdivision (a). The claimant may subsequently amend their request to select parts of the appeals process not previously selected. However, that request shall constitute a waiver of the rights of a Medicaid home and community-based services waiver participant to receive a fair hearing decision within 90 days of the date that the appeal request form is received by the department or the agency it designates to receive the appeal request form. (c) If a recipient’s request for an appeal is postmarked or received by the department, or by another agency designated by the department to receive the appeal request, no later than 30 days after receipt of the notice of the proposed action and no later than the effective date of the action sent pursuant to subdivision (a) of Section 4710, current services shall continue for the length of time specified in Section 4715, and the recipient shall be afforded an opportunity for an informal meeting, a mediation, and a fair hearing. (d) If a recipient or applicant’s request for appeal is postmarked or received by the department, or by another agency designated by the department to receive the appeal request, 60 days after receipt of the notice of proposed action pursuant to subdivisions (a), (b), and (d) of Section 4710, they shall be afforded an opportunity for an informal meeting, a mediation, and a fair hearing. (e) A claimant may request a continuance of any part of the appeals process. If granted, the continuance shall constitute a waiver of the Medicaid home and community-based services waiver participant’s right to receive a fair hearing decision within 90 days of the date the appeal request form is received by the department or by the agency designated by the department to receive the appeal request form. The extension of time for the final decision resulting from the continuance shall be only as long as the time period of the continuance. (f) This section shall become operative on March 1, 2023. (Repealed (in Sec. 35) and added by Stats. 2022, Ch. 49, Sec. 36. (SB 188) Effective June 30, 2022. Operative March 1, 2023, by its own provisions.)
4708.
## 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 7. Appeal Procedure [4700 - 4731] ( Chapter 7 repealed and added by Stats. 1982, Ch. 506, Sec. 2. ) ## ARTICLE 2. General Provisions [4705 - 4708] ( Article 2 added by Stats. 1982, Ch. 506, Sec. 2. )
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The department must create standard appeals process information packets and make them available in required formats and by required channels.

## 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 7. Appeal Procedure [4700 - 4731] ( Chapter 7 repealed and added by Stats. 1982, Ch. 506, Sec. 2. ) ## ARTICLE 2. General Provisions [4705 - 4708] ( Article 2 added by Stats. 1982, Ch. 506, Sec. 2. ) ## 4708. (a) (1) The department shall create, with input from stakeholders, standard appeals process information packets. There shall be one information packet related to appeals under the California Early Intervention Services Act (Title 14 (commencing with Section 95000) of the Government Code) and another information packet related to appeals under the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500)). The appeals process information packets shall include all information required by this chapter and by Section 52161 and Sections 52170 to 52174, inclusive, of Title 17 of the California Code of Regulations, and shall include the appeal request form. (2) The appeals process information packets shall be translated to provide language access, as required by state and federal law, and shall be available in alternative formats and alternative modes of communication as required by state and federal law. (3) The appeals process information packets shall be made available by regional centers and state-operated facilities to recipients and applicants at each regularly scheduled planning meeting and with all notices of action required by Section 4710. Upon request, the department and the regional center shall provide the information packet to applicants, recipients, and authorized representatives. The department and regional centers shall post a link to the standard appeals process information packets on their internet websites within 60 days of the department making the information packets available. (b) The standard appeals process information packets required by this section shall be completed by the department, including translations and alternative formats, and following consultation with stakeholders, on or before March 1, 2023. (Added by Stats. 2022, Ch. 49, Sec. 37. (SB 188) Effective June 30, 2022.)
4710.
## 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 7. Appeal Procedure [4700 - 4731] ( Chapter 7 repealed and added by Stats. 1982, Ch. 506, Sec. 2. ) ## ARTICLE 3. Fair Hearing Procedure [4710 - 4714] ( Article 3 added by Stats. 1982, Ch. 506, Sec. 2. )
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Regional centers or state-operated facilities must give notice before certain service changes or eligibility decisions, and must notify the department when a denial is due to lack of 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 7. Appeal Procedure [4700 - 4731] ( Chapter 7 repealed and added by Stats. 1982, Ch. 506, Sec. 2. ) ## ARTICLE 3. Fair Hearing Procedure [4710 - 4714] ( Article 3 added by Stats. 1982, Ch. 506, Sec. 2. ) ## 4710. (a) The regional center or state-operated facility shall send adequate notice, as described in subdivision (a) of Section 4701, to the recipient and, if appropriate, the authorized representative, by standard mail, certified mail, or email at their preference as indicated in their individual program plan. This notice shall be sent at least 30 days prior to either of the following actions and shall specify the effective date of the action: (1) The regional center or state-operated facility makes a decision to reduce, terminate, or change services set forth in an individual program plan, unless there is mutual consent as defined in subdivision (k) of Section 4701. (2) A recipient is determined to be no longer eligible for regional center services. (b) The regional center or state-operated facility shall send adequate notice, as described in Section 4701, no more than five business days after it makes a decision to deny the initiation of a service or support requested for inclusion in the individual program plan unless there is mutual consent as defined in subdivision (k) of Section 4701. The notice shall be sent to the recipient and, if appropriate, the authorized representative, in their preferred language, by standard mail, certified mail, or by email at their preference as indicated in the individual program plan. (c) If the reason for denial of services or modification of services in a recipient’s individual program plan is a lack of funds in the regional center budget, the regional center shall be the service agency responsible for giving adequate notice and participating in the appeals procedure under this chapter. (d) (1) The regional center shall, within 30 days after written notice is sent to the applicant or client, notify the department in writing of the denial if a lack of funds in the regional center budget is the reason for one of the following: (A) The denial of services to an applicant. (B) The denial of services to a current regional center client requesting services not included in the client’s individual program plan but determined to be necessary by the interdisciplinary team. (C) Denial, cutback, or termination of current services to a recipient set forth in the individual program plan. (2) The notification to the department shall include the nature of the service requested, a request that the department allocate sufficient funds to the regional center within 30 days to provide the service, the projected cost for the service for the balance of the fiscal year, and information substantiating the reason for the lack of funds to purchase the service. (e) If a person requests regional center services and is found to be ineligible for these services, the regional center shall give adequate notice pursuant to Section 4701. Within five business days of the time limits set forth in Sections 4642 and 4643, notice shall be sent to the applicant and, if appropriate, the authorized representative, by standard mail, certified mail, or email at their preference as indicated at the time of intake. (f) The advance notice specified in subdivision (a) shall not be required when a reduction, termination, or change in services is determined to be necessary for the health and safety of the recipient. However, adequate notice shall be given within 10 days after the regional center or state-operated facility action. (g) This section shall become operative on March 1, 2023. (Repealed (in Sec. 38) and added by Stats. 2022, Ch. 49, Sec. 39. (SB 188) Effective June 30, 2022. Operative March 1, 2023, by its own provisions.)

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