20250AB__157597AMD INTRODUCED 2026-01-12 AMENDED_ASSEMBLY 2026-03-19 AMENDED_ASSEMBLY 2026-05-18 2025 AB AMD Introduced by Assembly Member Arambula LEAD_AUTHOR ASSEMBLY Arambula

An act to amend Sections and of the Government Code, and to amend Sections 4401, 4405, 4408.5, 4414, 4418.25, 4418.3, 4418.7, 4418.8, 4425, 4426, 4427.5, 4433, 4434, 4435.1, 4435.2, 4457, 4459, 4461, 4462, 4465, 4466, 4467, 4474, 4474.1, 4474.12, 4474.16, 4474.17, 4474.4, 4474.5, 4474.6, 4475, 4476, 4487, 4488, 4500.5, 4501, 4502.1, 4503, 4504, 4505, 4506.2, 4506.4, 4506.5, 4506.7, 4511, 4511.1, 4511.5, 4511.6, 4512, 4513, 4514, 4518, 4519, 4519.2, 4519.4, 4519.5, 4519.7, 4519.8, 4519.9, 4519.10, 4520, 4521, 4521.5, 4521.6, 4525, 4535, 4541, 4544, 4548, 4551, 4562, 4571, 4572, 4580, 4620.2, 4620.3, 4620.4, 4620.5, 4622, 4626, 4626.5, 4627, 4629, 4629.5, 4629.7, 4635, 4639.6, 4640.6, 4640.7, 4640.8, 4640.9, 4641.1, 4642, 4643, 4643.5, 4646, 4646.4, 4646.5, 4646.6, 4647, 4648, 4648.1, 4648.11, 4648.12, 4648.14, 4648.35, 4648.55, 4655, 4656, 4659, 4659.1, 4659.2, 4659.5, 4659.7, 4659.11, 4659.12, 4659.13, 4659.14, 4659.15, 4659.16, 4659.17, 4659.18, 4659.20, 4659.21, 4659.22, 4659.23, 4659.24, 4660, 4669.2, 4669.75, 4677, 4679, 4681.1, 4681.5, 4681.6, 4681.7, 4684, 4684.50, 4684.53, 4684.55, 4684.58, 4684.60, 4684.63, 4684.65, 4684.68, 4684.70, 4684.73, 4684.74, 4684.77, 4684.80, 4684.81, 4684.82, 4684.83, 4684.84, 4684.85, 4684.86, 4685.1, 4685.7, 4685.8, 4686, 4686.2, 4686.31, 4688, 4688.05, 4688.06, 4688.1, 4688.2, 4688.21, 4688.22, 4689, 4689.05, 4689.1, 4689.2, 4689.6, 4689.8, 4690.2, 4690.4, 4690.7, 4691.6, 4691.9, 4691.10, 4694, 4695.2, 4696.1, 4696.3, 4697, 4698, 4698.1, 4699, 4699.2, 4699.3, 4699.4, 4699.5, 4699.6, 4727, 4731, 4741, 4742, 4742.1, 4743, 4744, 4746, 4747, 4781.5, 4781.6, 4787, 4791, 4792, 4800, 4801, 4825, 4832, 4835, 4851, 4852, 4853, 4854, 4856, 4857.1, 4858, 4860, 4861, 4862, 4865, 4867, 4868.5, 4869, 4870, 4870.1, 4870.2, 4878, 4904, and of the Welfare and Institutions Code, relating to developmental services. developmental services Lanterman Developmental Disabilities Services Act.

Existing law, the Lanterman Developmental Disabilities Services Act, requires the State Department of Developmental Services to contract with regional centers to provide services and supports to individuals with developmental disabilities and their families. Under existing law, the services and supports to be provided to a regional center consumer are contained in an individual program plan, developed in accordance with prescribed requirements. Existing law defines “consumer” for these purposes.

This bill would replace “consumer” with “person eligible for regional center services” throughout the act, and would also remove gendered language. Existing law requires the Director of Developmental Services to 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.

Existing law defines “in-home respite services” as 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, and provides that the services are designed to, among other things, attend to the client’s basic self-help needs and other activities of daily living, including interaction, socialization, and continuation of usual daily routines that would ordinarily be performed by the family members.</xhtml:p><xhtml:p>This bill would expand the definition of “in-home respite services” to include the provision of that care and supervision in the client’s local community, and would authorize the services to be designed to attend to the client’s appropriate community integration and socialization that ordinarily would be performed by the family members.</xhtml:p>"?> MAJORITY NO NO NO NO NO NO NO NO NO NO The people of the State of California do enact as follows:

SECTION 1.

Section of the Government Code is amended to read: 95016. (

a) Each infant or toddler referred for evaluation for early intervention services shall have a timely, comprehensive, multidisciplinary evaluation of their needs and level of functioning in order to determine eligibility.

In the process of determining eligibility of an infant or toddler, an assessment shall be conducted by qualified personnel, and shall include a family interview, to identify the child’s unique strengths and needs and the services appropriate to meet those needs; and the resources, priorities, and concerns of the family and the supports and services necessary to enhance the family’s capacity to meet the developmental needs of their infant or toddler.

Evaluations and assessments shall be shared and utilized between the regional center and the local educational agency, and any other agency providing services for the eligible infant or toddler, as appropriate. Family assessments shall be family directed and voluntary on the part of the family. Families shall be afforded the opportunity to participate in all decisions regarding eligibility and services. (

b) Regional centers and local educational agencies or their designees shall be responsible for ensuring that the requirements of this

section are implemented. The procedures, requirements, and timelines for evaluation and assessment shall be consistent with the statutes and regulations under

Part C of the federal Individuals with Disabilities Education Act (20 U.S.C.

Sec. 1431 et seq.), applicable regulations, and this title, and shall be specified in regulations adopted pursuant to

Section 95028.

SEC. 2.

Section of the Government Code is amended to read: 95020. (

a) An eligible infant or toddler shall have an individualized family service plan. The individualized family service plan shall be used in place of an individual program plan required pursuant to Sections and 4646.5 of the Welfare and Institutions Code, the individualized education program required pursuant to

Section of the Education Code, or any other applicable service plan. (

b) For an infant or toddler who has been evaluated for the first time, a meeting to share the results of the evaluation, to determine eligibility and, for children who are eligible, to develop the initial individualized family service plan shall be conducted within calendar days of receipt of the written referral. Evaluation results and determination of eligibility may be shared in a meeting with the family prior to the individualized family service plan. Written parent consent, or consent by a legal guardian, to evaluate and assess shall be obtained within the 45-day timeline.

A regional center, local educational agency, or the designee of one of those entities shall initiate and conduct this meeting. Families shall be afforded the opportunity to participate in all decisions regarding eligibility and services. During intake and assessment, but no later than the individualized family service plan meeting, the parents, legal guardian, or conservator shall provide copies of any health benefit cards under which the person eligible for regional center services, as defined in

Section of the Welfare and Institutions Code, 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 any 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)

(1) Parents and legal guardians shall be fully informed of their rights, including the right to invite another person, including a family member or an advocate or peer parent, or any or all of them, to accompany them to any or all individualized family service plan meetings. Notwithstanding any other law, at the request of the parent or legal guardian, an individualized family service plan meeting shall be held by remote electronic communications. (2) (

A) If a regional center has not held an in-person individualized family service plan meeting or completed any other in-person meeting or visit in the previous six months, the regional center shall hold an in-person individualized family service plan meeting, or other meeting, or visit at a location and at a time that is convenient for, and reflects the preference of, the parent, legal guardian, 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 individualized family service plan, or the timely authorization or receipt of services and supports. (

B) The in-person meeting requirement established in this subparagraph 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 infant or toddler in meeting the goals stated in the individual family service plan, in positively facilitating and improving service access and equity, and in helping to build relationships between service coordinators and parents, legal guardians, 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.

(3) With parental consent, or consent by a legal guardian, a referral shall be made to the local family resource center or network. A request for consent shall be offered to the parents or the legal guardian at the initial individualized family service plan meeting and at any subsequent individualized family service plan meeting, if consent was not previously obtained. (

d) The individualized family service plan shall be in writing and shall address all of the following:

(1) A statement of the infant’s or toddler’s present levels of physical development including vision, hearing, and health status, cognitive development, communication development, social and emotional development, and adaptive developments.

(2) With the concurrence of the family, a statement of the family’s concerns, priorities, and resources related to meeting the special developmental needs of the eligible infant or toddler.

(3) A statement of the major outcomes expected to be achieved for the infant or toddler and family where services for the family are related to meeting the special developmental needs of the eligible infant or toddler.

(4) The criteria, procedures, and timelines used to determine the degree to which progress toward achieving the outcomes is being made and whether modifications or revisions are necessary. (5) (

A) A statement of the specific early intervention services necessary to meet the unique needs of the infant or toddler as identified in paragraph (3), including, but not limited to, the frequency, intensity, location, duration, and method of delivering the services, including by remote electronic communications, and ways of providing services in natural generic environments, including group training for parents and legal guardians on behavioral intervention techniques in lieu of some or all of the in-home parent and legal guardian training component of the behavior intervention services, and purchase of neighborhood preschool services and needed qualified personnel in lieu of infant development programs. (

B) Effective July 1, 2009, at the time of development, review, or modification of an infant’s or toddler’s individualized family service plan, the regional center shall consider both of the following: (

i) The use of group training for parents and legal guardians on behavior intervention techniques, in lieu of some or all of the in-home parent and legal guardian training component of the behavior intervention services. (ii) The purchase of neighborhood preschool services and needed qualified personnel, in lieu of infant development programs.

(6) A statement of the agency responsible for providing the identified services.

(7) The name of the service coordinator who shall be responsible for facilitating implementation of the plan and coordinating with other agencies and persons.

(8) The steps to be taken to ensure transition of the infant or toddler upon reaching three years of age to other appropriate services. These may include, as appropriate, special education or other services offered in natural environments.

(9) The projected dates for the initiation of services in paragraph (5) and the anticipated duration of those services. (

e) Each service identified in the individualized family service plan shall be designated as one of three types:

(1) An early intervention service, as defined in subsection (4) of

Section of Title of the United States Code, and applicable regulations, that is provided or purchased through the regional center, local educational agency, or other participating agency. The State Department of Health Care Services and the State Department of Social Services shall provide services in accordance with state and federal law and applicable regulations, and up to the level of funding as appropriated by the Legislature.

Early intervention services identified in an individualized family service plan that exceed the funding, statutory, and regulatory requirements of these departments shall be provided or purchased by regional centers or local educational agencies under subdivisions (

b) and (

c) of

Section 95014. The State Department of Health Care Services and the State Department of Social Services shall not be required to provide early intervention services over their existing funding, statutory, and regulatory requirements.

(2) Another service, other than those specified in paragraph (1), that the eligible infant or toddler or their family may receive from other state programs, subject to the eligibility standards of those programs.

(3) A referral to a nonrequired service that may be provided to an eligible infant or toddler or their family. Nonrequired services are those services that are not defined as early intervention services or do not relate to meeting the special developmental needs of an eligible infant or toddler related to the disability, but that may be helpful to the family. The granting or denial of nonrequired services by a public or private agency is not subject to appeal under this title.

Notwithstanding any other law or regulation to the contrary, effective July 1, 2009, with the exception of durable medical equipment, regional centers shall not purchase nonrequired services, but may refer a family to a nonrequired service that may be available to an eligible infant or toddler or their family. (

f) An annual review, and other periodic reviews, of the individualized family service plan for an infant or toddler and the infant’s or toddler’s family shall be conducted to determine the degree of progress that is being made in achieving the outcomes specified in the plan and whether modification or revision of the outcomes or services is necessary. The frequency, participants, purpose, and required processes for annual and periodic reviews shall be consistent with the statutes and regulations under

Part C of the federal Individuals with Disabilities Education Act (20 U.S.C.

Sec. 1400 et seq.) and this title, and shall be specified in regulations adopted pursuant to

Section 95028. At the time of the review, the parents, legal guardian, or conservator shall provide copies of any health benefit cards under which the person eligible for regional center services, as defined in

Section of the Welfare and Institutions Code, 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 parents, legal guardian, or conservator do not have those benefit cards, 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. (g)

(1) A regional center shall communicate and provide written materials in the family’s native language during the assessment, evaluation, and planning process for the individualized family service plan, as required by

Part C of the federal Individuals with Disabilities Education Act (20 U.S.C.

Sec. 1400 et seq.) and implementing regulations, and as required by Sections to 11139, inclusive, and implementing regulations, including providing alternative communication services pursuant to Sections and of Title of the California Code of Regulations.

(2) The family’s native language shall be documented in the individualized family service plan.

SEC. 3.

Section of the Welfare and Institutions Code is amended to read: 4401. As used in this division: (a) “Department” means the State Department of Developmental Services. (b) “Director” means the Director of Developmental Services. (c) “Person eligible for regional center services” has the same meaning as in

Section 4512. (d) “State hospital” means any hospital specified in

Section 4440.

SEC. 4.

Section of the Welfare and Institutions Code is amended to read: 4405. (

a) With the consent of the Senate, the Governor shall appoint to serve at their pleasure, the Director of Developmental Services. They shall have the powers of a head of a department pursuant to

Chapter 2 (commencing with

Section 11150) of Part of Division of Title of the Government Code, and shall receive the salary provided for by

Chapter 6 (commencing with

Section 11550) of Part of Division of Title of the Government Code. (

b) Upon recommendation of the director, the Governor may appoint a chief deputy director of the department who shall hold office at the pleasure of the Governor. The salary of the chief deputy director shall be fixed in accordance with law.

SEC.

Section 4408.5 of the Welfare and Institutions Code is amended to read: 4408.5. (

a) The criminal history check required by this

section is limited to a State Department of Developmental Services employee, prospective employee, contractor, subcontractor, and volunteer whose duties include, or would include, access to any of the following:

(1) The developmental center established by

Section 7502, the facility described in paragraph (4) of subdivision (

a) of

Section 7505, or a program described in

Section 4418.7.

(2) An individual receiving services at a developmental center, facility, or program, as they are described in paragraph (1), or a person eligible for regional center services who is receiving services from a regional center.

(3) Individuals who are being evaluated for placement at a developmental center, facility, or program, as they are described in paragraph (1).

(4) Medical information, as defined in

Section 56.05 of the Civil Code.

(5) Criminal offender record information, as defined in

Section of the Penal Code, including federal criminal history information obtained pursuant to subdivision (

u) of

Section of the Penal Code. (

b) The State Department of Developmental Services shall submit to the Department of Justice fingerprint images and related information required by the Department of Justice of an employee, prospective employee, contractor, subcontractor, and volunteer, specified in subdivision (a), in accordance with subdivision (

u) of

Section of the Penal Code. (

c) The Department of Justice shall provide a state- or federal-level response pursuant to subdivision (

p) of

Section of the Penal Code. (

d) It is the intent of the Legislature in enacting this

section to authorize the department to receive both state- and federal-level information from the Department of Justice following submission of fingerprints for the purpose of performing background checks.

SEC. 6.

Section of the Welfare and Institutions Code is amended to read: 4414. When convening any task force or advisory group, the department shall make its best effort to ensure representation by persons eligible for regional center services and family members representing California’s multicultural diversity.

SEC.

Section 4418.25 of the Welfare and Institutions Code is amended to read: 4418.25. (a)

(1) The department shall establish policies and procedures for the development of an annual community placement plan by regional centers. The community placement plan shall be based upon an individual program plan process as referred to in subdivision (

a) of

Section 4418.3 and shall be linked to the development of the annual State Budget. The department’s policies shall address statewide priorities, plan requirements, and the statutory roles of regional centers, developmental centers, and regional resource development projects in the process of assessing persons eligible for regional center services for community living and in the development of community resources. (2) (

A) In addition to the existing priorities to support the closure of the developmental centers and the development of services and supports to transition individuals from restrictive settings, including institutions for mental disease, the department also shall establish guidelines by which community placement plan funds appropriated through the budget process may be utilized for community resource development to address the needs for services and supports of persons eligible for regional center services living in the community in accordance with

Section 4679. (

B) The department may allocate funds to regional centers for purposes of community resource development as provided in this paragraph when the department determines that sufficient funding has been appropriated and reserved for a fiscal year for development of the resources that are necessary to address the needs of persons moving from a developmental center pursuant to

Section 4474.11, and no sooner than days after the department has provided notice of this determination to the Joint Legislative Budget Committee and the appropriate policy and fiscal committees of the Legislature. (b)

(1) To reduce reliance on developmental centers and mental health facilities, including institutions for mental disease as described in

Part 5 (commencing with

Section 5900) of Division 5, for which federal funding is not available, and out-of-state placements, the department shall establish a statewide specialized resource service that does all of the following: (

A) Tracks the availability of specialty residential beds and services. (

B) Tracks the availability of specialty clinical services. (

C) Coordinates the need for specialty services and supports in conjunction with regional centers. (

D) Identifies, subject to federal reimbursement, developmental center services and supports that can be made available to persons eligible for regional center services residing in the community, when no other community resource has been identified.

(2) By September 1, 2012, regional centers shall provide the department with information about all specialty resources developed with the use of community placement plan funds and shall make these resources available to other regional centers.

(3) When allocating funding for community placement plans, priority shall be given to the development of needed statewide specialty services and supports, including regional community crisis homes.

(4) If approved by the director, funding may be allocated to facilities that meet the criteria of Sections 1267.75 and 1531.15 of the Health and Safety Code.

(5) The department shall not provide community placement plan funds to develop programs that are ineligible for federal funding participation unless approved by the director. (c)

(1) The community placement plan shall provide for dedicated funding for comprehensive assessments of developmental center residents, for identified costs of moving individuals from developmental centers to the community, and for deflection of individuals from developmental center admission. The plans shall, where appropriate, include budget requests for regional center operations, assessments, resource development, and ongoing placement costs. These budget requests are intended to provide supplemental funding to regional centers.

The plan is not intended to limit the department’s or regional centers’ responsibility to otherwise conduct assessments and individualized program planning, and to provide needed services and supports in the least restrictive, most integrated setting in accord with the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with

Section 4500)). (2) (

A) Regional centers shall complete a comprehensive assessment of a person eligible for regional center services residing in a developmental center on July 1, 2012, who meets both of the following criteria: (

i) The person eligible for regional center services is not committed pursuant to

Section 1370.1 of the Penal Code. (ii) The person eligible for regional center services has not had such an assessment in the prior two years. (

B) The assessment shall include input from the regional center, the person eligible for regional center services and, if appropriate, the family, legal guardian, conservator, or authorized representative of the person eligible for regional center services, and shall identify the types of community-based services and supports available to the person eligible for regional center services that would enable the person eligible for regional center services to move to a community setting. Necessary services and supports not currently available in the community setting shall be considered for development pursuant to community placement planning and funding. (

C) Regional centers shall specify in the annual community placement plan how they will complete the required assessment and the timeframe for completing the assessment for each person eligible for regional center services. Initial assessments pursuant to this paragraph for individuals residing in a developmental center on July 1, 2012, shall be completed by December 31, 2015, unless a regional center demonstrates to the department that an extension of time is necessary and the department grants an extension. (

D) The assessment completed in the prior two years, or the assessment completed pursuant to the requirements of this section, including any updates pursuant to subparagraph (E), shall be provided to both of the following: (

i) The individual program planning team and clients’ rights advocate for the regional center in order to assist the planning team in determining the least restrictive environment for the person eligible for regional center services. (ii) The superior court with jurisdiction over the placement of the person eligible for regional center services at the developmental center, including the attorney of record for the person eligible for regional center services and other parties known to the regional center. For judicial proceedings pursuant to

Article 2 (commencing with

Section 6500) of

Chapter of Part of Division 6, the comprehensive assessment shall be included in the regional center’s written report required by

Section 6504.5. For all other proceedings, the regional center shall provide the comprehensive assessment to the court and parties to the case at least days in advance of regularly scheduled judicial review. This clause shall not apply to persons eligible for regional center services committed pursuant to

Section 1370.1 of the Penal Code. (

E) The assessments described in subparagraph (

D) shall be updated annually as part of the individual program planning process for as long as the person eligible for regional center services resides in the developmental center. To the extent appropriate, the regional center shall also provide relevant information from the statewide specialized resource service. The regional center shall notify the clients’ rights advocate for the regional center of the time, date, and location of each individual program plan meeting that includes discussion of the results of the comprehensive assessment and updates to that assessment.

The regional center shall provide this notice as soon as practicable following the completion of the comprehensive assessment or update and not less than calendar days before the meeting. The clients’ rights advocate may participate in the meeting unless the person eligible for regional center services objects on their own behalf. (

d) The department shall review, negotiate, and approve regional center community placement plans for feasibility and reasonableness, including recognition of each regional centers’ current developmental center population and their corresponding placement level, as well as each regional centers’ need to develop new and innovative service models. The department shall hold regional centers accountable for the development and implementation of their approved plans. The regional centers shall report, as required by the department, on the outcomes of their plans.

The department shall make aggregate performance data for each regional center available, upon request, as well as data on admissions to, and placements from, each developmental center. (

e) Funds allocated by the department to a regional center for a community placement plan developed under this

section shall be controlled through the regional center contract to ensure that the funds are expended for the purposes allocated. Funds allocated for community placement plans that are not used for that purpose may be transferred to Item 4300-003-0001 for expenditure in the state developmental centers if their population exceeds the budgeted level. Any unspent funds shall revert to the General Fund. (

f) Commencing May 1, 2013, and then on April 1, 2014, and on April annually thereafter, the department shall provide to the fiscal and appropriate policy committees of the Legislature, and to the contractor for regional center clients’ rights advocacy services under

Section 4433, information on efforts to serve persons eligible for regional center services with challenging service needs, including, but not limited to, all of the following:

(1) For each regional center, the number of persons eligible for regional center services admitted to each developmental center, including the legal basis for the admissions.

(2) For each regional center, the number of persons eligible for regional center services described in paragraph (2) of subdivision (

a) of

Section who were admitted to Fairview Developmental Center by court order pursuant to

Article 2 (commencing with

Section 6500) of

Chapter of Part of Division 6, and the number and lengths of stay of persons eligible for regional center services, including those who have transitioned back to a community living arrangement.

(3) Outcome data related to the assessment process set forth in

Section 4418.7, including the number of persons eligible for regional center services who received assessments pursuant to

Section 4418.7 and the outcomes of the assessments. Each regional center, commencing March 1, 2013, and then on February 1, 2014, and on February annually thereafter, shall provide the department with information on alternative community services and supports provided to those persons eligible for regional center services who were able to remain in the community following the assessments, and the unmet service needs that resulted in any persons eligible for regional center services being admitted to Fairview Developmental Center.

(4) Progress in the development of needed statewide specialty services and supports, including regional community crisis options, as provided in paragraph (3) of subdivision (b). Each regional center shall provide the department with a report containing the information described in this paragraph commencing March 1, 2013, and then on February 1, 2014, and on February annually thereafter.

(5) Progress in reducing reliance on mental health facilities ineligible for federal Medicaid funding, and out-of-state placements, including information on the utilization of those facilities, which shall include, by regional center, all of the following: (

A) The total number and age range of persons eligible for regional center services placed in those facilities. (

B) The number of admissions. (

C) The reasons for admissions by category, including, but not limited to, incompetent-to-stand-trial (IST) commitment,

Section commitment, crisis stabilization, and lack of appropriate community placement. (

D) The lengths of stay of persons eligible for regional center services. (

E) The type of facility.

(6) Information on the utilization of facilities serving persons eligible for regional center services with challenging service needs that utilize delayed egress devices and secured perimeters, pursuant to

Section 1267.75 or 1531.15 of the Health and Safety Code, including the number of admissions, reasons for admissions, and lengths of stay of persons eligible for regional center services, including those who have transitioned to less restrictive living arrangements.

(7) If applicable, any recommendations regarding additional rate exceptions or modifications beyond those allowed for under existing law that the department identifies as necessary to meet the needs of persons eligible for regional center services with challenging service needs. (

g) Each regional center, commencing March 1, 2013, and then on February 1, 2014, and on February annually thereafter, shall provide information to the department regarding the facilities described in paragraph (6) of subdivision (f), including, but not limited to, the number of admissions, reasons for admissions, and lengths of stay of persons eligible for regional center services, including those who have transitioned to less restrictive living arrangements. (

h) Each institution for mental disease that, in the preceding year, has admitted a person eligible for regional center services, including those whose placements are not funded by a regional center, shall report quarterly on February 1, May 1, August 1, and November 1, to the department, the regional center providing services to the person eligible for regional center services, and the contractor for regional center clients’ rights advocacy services under

Section 4433, all of the following in a format prescribed by the department:

(1) The total number and age, race, and ethnicity of persons eligible for regional center services placed in that facility.

(2) The number of admissions.

(3) The reasons for admissions by category.

(4) The lengths of stay of persons eligible for regional center services.

(5) The funding source.

SEC.

Section 4418.3 of the Welfare and Institutions Code is amended to read: 4418.3. (

a) It is the intent of the Legislature to ensure that the transition process from a developmental center to a community living arrangement is based upon the individual’s needs, developed through the individual program plan process, and ensures that needed services and supports will be in place at the time the individual moves.

It is further the intent of the Legislature that regional centers, developmental centers, and regional resource development projects coordinate with each other for the benefit of their activities in assessment, in the development of individual program plans, and in planning, transition, and deflection, and for the benefit of persons eligible for regional center services. (

b) As individuals are identified for possible movement to the community, an individual planning meeting shall be initiated by the developmental center, which shall notify the planning team, pursuant to subdivision (

j) of

Section 4512, and the regional resource development project of the meeting. The regional resource development project shall make services available to the developmental center and the regional center, including, but not limited to, consultations with the planning teams and the identification of services and supports necessary for the person eligible for regional center services to succeed in community living. (

c) The development of the individual program plan shall be consistent with Sections and 4646.5. For the purpose of this section, the planning team shall include developmental center staff knowledgeable about the service and support needs of the person eligible for regional center services. (

d) Regional resource development project services may include providing information in an understandable form to persons eligible for regional center services and, where appropriate, their families, conservators, legal guardians, or authorized representatives, that will assist them in making decisions about community living and services and supports. This information may include affording the person eligible for regional center services the opportunity to visit a variety of community living arrangements that could meet their needs.

If the visits are not feasible, as determined by the planning team, a family member or other representative of the person eligible for regional center services may conduct the visits. Regional resource development projects may be requested to facilitate these visits. The availability of this service shall be made known by the planning team to persons eligible for regional center services and, where appropriate, their families, conservators, legal guardians, or authorized representative. (

e) Once the individual program plan is completed and providers of services and supports are identified and agreed to, pursuant to subdivision (

b) of

Section 4646.5, and no less than days prior to the move, unless otherwise ordered by a court, a transition conference, which may be facilitated by a regional resource development project, shall be held.

Participants in the transition conference shall include, but not be limited to, the person eligible for regional center services, where appropriate the parents, legal guardian, conservator, or authorized representative of the person eligible for regional center services, a regional center representative, a developmental center representative, and a representative of each provider of primary services and supports identified in the individual program plan. This meeting may take place in the catchment area to which the person eligible for regional center services is moving.

If necessary, conferees may participate by telephone or video conference. The purpose of this conference shall be to ensure a smooth transition from the developmental center to the community. (

f) The department, through the appropriate regional resource development project, shall provide, in cooperation with regional centers and developmental centers, followup services to help ensure a smooth transition to the community. Followup services shall include, but shall not be limited to, all of the following:

(1) Regularly scheduled as well as on an as-needed basis, contacts and visits with persons eligible for regional center services and service providers during the months following the movement date of the person eligible for regional center services.

(2) Participation in the development of an individual program plan in accordance with Sections and 4646.5.

(3) Identification of issues that need resolution.

(4) Arrangement for the provision of developmental center services, including, but not limited to, medication review, crisis services, and behavioral consultation. (

g) To ascertain that the individual program plan is being implemented, that planned services are being provided, and that the person eligible for regional center services and, where appropriate the parents, legal guardian, or conservator of the person eligible for regional center services, are satisfied with the community living arrangement, the regional center shall

schedule face-to-face reviews no less than once every days for the first days. Following the first days, and following notification to the department, the regional center may conduct these reviews less often as specified in the individual program plan. (

h) The regional center and the regional resource development project shall coordinate their followup reviews required pursuant to subdivisions (

f) and (

g) and shall share with each other information obtained during the course of the followup visits.

SEC.

Section 4418.7 of the Welfare and Institutions Code is amended to read: 4418.7. (a)

(1) If the regional center determines, or is informed by the parents, legal guardian, conservator, or authorized representative of the person eligible for regional center services that the community placement of a person eligible for regional center services is at risk of failing, and that admittance to an acute crisis home operated by the department is a likelihood, or the regional center is notified by a court of a potential admission to an acute crisis home operated by the department, the regional center shall immediately notify the appropriate regional resource development project, the person eligible for regional center services, the parents, legal guardian, or conservator of the person eligible for regional center services, and the regional center clients’ rights advocate.

For purposes of this section, “acute crisis home operated by the department” means property used to provide Stabilization, Training, Assistance and Reintegration (STAR) services.

(2) For purposes of this section, notification to the clients’ rights advocate for the regional center serving the person eligible for regional center services shall include a copy of the most recent comprehensive assessment or updated assessment, and the time, date, and location of an individual program plan meeting held pursuant to subdivision (b). The regional center shall provide this notice as soon as practicable, but not less than seven calendar days prior to the meeting. (

b) In these cases, the regional resource development project shall immediately arrange for an assessment of the situation, including visiting the person eligible for regional center services, if appropriate, determining barriers to successful integration, and recommending the most appropriate means necessary to assist the person eligible for regional center services to remain in the community. The regional center shall request assistance from the statewide specialized resource service pursuant to

Section 4418.25, as necessary, in order to determine the most appropriate means necessary to assist the person eligible for regional center services to remain in the community and shall provide the information obtained from the statewide specialized resource service to the regional resource development project. If, based on the assessment, the regional resource development project determines that additional or different services and supports are necessary, the department shall ensure that the regional center provides those services and supports on an emergency basis.

An individual program plan meeting, including the regional resource development project’s representative, if necessary, shall be convened as soon as possible to review the emergency services and supports and determine the ongoing needs for services and supports for the person eligible for regional center services. The regional resource development project shall follow up with the regional center as to the success of the recommended interventions until the living arrangement of the person eligible for regional center services is stable. (c)

(1) If the regional resource development project determines, based on the assessment conducted pursuant to subdivision (b), that the person eligible for regional center services referred to the regional resource development project by the court cannot be safely served in an acute crisis home operated by the department, the department shall notify the court in writing and shall continue to work jointly with the regional center to identify or develop alternative services and supports and implement the alternative services and supports that are identified or developed. (2) (

A) If the regional resource development project, in consultation with the regional center, the person eligible for regional center services, the parents, legal guardian, or conservator of the person eligible for regional center services, when appropriate, determines that admittance to an acute crisis home operated by the department is necessary due to an acute crisis, as defined in paragraph (1) of subdivision (d), and the director of the department or their designee has approved admission, the regional center shall immediately pursue the obtainment of a court order pursuant to

Section for short-term admission and crisis stabilization. (B) (

i) The regional resource development project, in consultation with the regional center, the person eligible for regional center services, and, when appropriate, the parents, legal guardian, conservator, or authorized representative of the person eligible for regional center services, shall not make a determination that admittance to an acute crisis home operated by the department is necessary due to an acute crisis, as defined in paragraph (1) of subdivision (d), unless the determination includes a regional center report detailing all considered community-based services and supports, including, but not limited to, a community crisis home certified pursuant to

Article 8 (commencing with

Section 4698) of

Chapter of Division 4.5, a supported living arrangement pursuant to

Section 4689, including rental subsidies described in subdivision (

i) of

Section 4689, environmental accessibility adaptions or other home modifications, supplemental services and emergency and crisis intervention services described in subdivision (

a) of

Section 4648, whether rate adjustments are necessary to secure the services and supports considered, and an explanation of why those options could not meet the needs of the person eligible for regional center services at the time of the determination. (ii) For purposes of complying with clause (i), the regional center shall not be required to consider out-of-state placements or mental health facilities, including institutions for mental disease, as described in

Part 5 (commencing with

Section 5900) of Division 5, that are ineligible for federal Medicaid funding. (d)

(1) For purposes of this section, the following terms have the following meanings: (A) “Acute crisis” means, as a result of the behavior of the person eligible for regional center services, all of the following are met: (

i) There is imminent risk for substantial harm to the person eligible for regional center services or others. (ii) The service and support needs of the person eligible for regional center services cannot be met in the community, including with supplemental services, as set forth in subparagraph (

F) of paragraph (10) of subdivision (

a) of

Section 4648, and emergency and crisis intervention services, as set forth in paragraph (11) of subdivision (

a) of

Section 4648. (iii) Due to serious and potentially life-threatening conditions, the person eligible for regional center services requires a specialized environment for crisis stabilization. (B) “Containment” has the same meaning as defined in

Section of Title of the California Code of Regulations. (C) “Emergency intervention” has the same meaning as defined in

Section of Title of the California Code of Regulations. (D) “Person eligible for regional center services” shall have the same meaning as defined in

Section 4512. (E) “Physical restraint” has the same meaning as defined in

Section of Title of the California Code of Regulations. (F) “Prone restraint” has the same meaning as defined in

Section of Title of the California Code of Regulations. (G) “Seclusion” has the same meaning as defined in

Section of Title of the California Code of Regulations.

(2) For purposes of paragraph (1), out-of-state placements or mental health facilities and other facilities, including institutions for mental disease, as described in

Part 5 (commencing with

Section 5900) of Division 5, for which federal Medicaid funding is not available, shall not be deemed to be supplemental services or emergency and crisis intervention services. (

e) When an admission occurs due to an acute crisis, all of the following shall apply:

(1) As soon as possible following admission to an acute crisis home operated by the department, a comprehensive assessment shall be completed by the regional center in coordination with the regional resource development project and the acute crisis service 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 person eligible for regional center services back to a noncrisis 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 days following admission, the regional center and the acute crisis home operated by the department 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 person eligible for regional center services into community living pursuant to

Section 4418.3. The clients’ rights advocate for the regional center shall be notified of the admission and the individual program plan meeting and may participate in the individual program plan meeting unless the person eligible for regional center services objects on their own behalf.

(2) If transition is not expected within days of admission, an individual program plan meeting shall be held to discuss the status of transition and to determine if the person eligible for regional center services is still in need of crisis stabilization. If crisis services continue to be necessary, the regional center shall submit to the department an updated transition plan and a request for an extension of stay at the acute crisis home operated by the department of up to days. (3) (

A) A person eligible for regional center services shall reside in an acute crisis home operated by the department no longer than six months before being placed into a community living arrangement pursuant to

Section 4418.3, unless, prior to the end of the six months, all of the following have occurred: (

i) The regional center has conducted an additional comprehensive assessment based on information provided by the regional center, and the department determines that the person eligible for regional center services continues to be in an acute crisis. (ii) The individual program planning team has developed a plan that identifies the specific services and supports necessary to transition the person eligible for regional center services into the community, and the plan includes a timeline to obtain or develop those services and supports. (iii) The committing court has reviewed and, if appropriate, extended the commitment. (

B) The clients’ rights advocate for the regional center shall be notified of the proposed extension pursuant to clause (iii) of subparagraph (

A) and the individual program plan meeting to consider the extension, and may participate in the individual program plan meeting unless the person eligible for regional center services objects on their own behalf. (C) (

i) Placement of a person eligible for regional center services at an acute crisis home operated by the department shall not exceed one year unless both of the following occur: (

I) The regional center demonstrates significant progress toward implementing the plan specified in clause (ii) of subparagraph (

A) identifying the specific services and supports necessary to transition the person eligible for regional center services into the community. (II) Extraordinary circumstances exist beyond the regional center’s control that have prevented the regional center from obtaining those services and supports within the timeline based on the plan. (ii) If both of the circumstances described in subclauses (

I) and (II) of clause (

i) exist, the regional center may request, and the committing court may grant, an additional extension of the commitment, not to exceed days. (

D) Persons eligible for regional center services placed in the community after admission to an acute crisis home operated by the department pursuant to this

section shall be considered to have moved from a developmental center for purposes of

Section 4640.6. (

f) The department shall collect data on the outcomes of efforts to assist persons eligible for regional center services who are at risk to remain in the community. The department shall make aggregate data on the implementation of the requirements of this

section available, upon request. (

g) Commencing January 1, 2015, admissions to an acute crisis home operated by the department pursuant to a court order for an acute crisis, as described in this section, shall be limited to a property used to provide STAR services. (

h) Persons eligible for regional center services who are in acute crisis homes may participate in day, work, education, and recreational programs when the individual program plan identifies it is appropriate and consistent with the individual’s treatment plan. The acute crisis homes shall assist the person eligible for regional center services with transitioning back to their prior residence, or an alternative community-based residential setting, within the timeframe described in this section. (

i) The department may execute leases, lease-purchases, or leases with the option to purchase for real property necessary for the establishment or maintenance of STAR homes to serve as acute crisis homes operated by the department. (

j) Notwithstanding any other law or regulation, an acute crisis home operated by the department shall not utilize any of the following interventions:

(1) A prone restraint.

(2) A physical restraint or containment, unless the person eligible for regional center services presents an imminent risk of serious physical harm to themselves or others that cannot be prevented using a less restrictive technique. An acute crisis home operated by the department shall not utilize an emergency intervention technique that obstructs the respiratory airway or impairs the breathing or respiratory capacity of a person eligible for regional center services.

(3) Seclusion.

(4) The emergency interventions described in

Section of Title of the California Code of Regulations.

(5) Psychotropic or behavior-modifying medications used to control behavior or to restrict a person’s freedom of movement if that medication is not a standard treatment for the person’s individualized medical or psychiatric condition.

SEC.

Section 4418.8 of the Welfare and Institutions Code is amended to read: 4418.8. (a)

(1) As part of the safety net plan required by

Section 4474.16, the department may develop a residential program in the community for adolescents and adults with complex needs. This program shall consist of up to three complex needs homes described in this section. A complex needs home shall not exceed five beds per home and any stay shall not exceed months, except as provided by paragraph (5) of subdivision (e).

(2) If the regional center determines, or is informed by the parents, legal guardian, conservator, or authorized representative of a person eligible for regional center services, that the community placement of a person eligible for regional center services is at risk of failing and that admittance to a complex needs residential home is a likelihood, or the regional center is notified by a court of a potential admission to a complex needs home, the regional center shall immediately notify the appropriate regional resource development project, the person eligible for regional center services, their parents, legal guardian, or conservator, and the regional center clients’ rights advocate.

(3) For purposes of this section, notification to the clients’ rights advocate for the regional center serving the person eligible for regional center services shall include a copy of the most recent comprehensive assessment or updated assessment and the time, date, and location of the individual program plan meeting to be held pursuant to paragraph (3) of subdivision (b). The regional center shall provide this notice as soon as practicable, but no later than seven calendar days prior to the meeting. (b)

(1) Upon notification by the regional center, the regional resource development project shall immediately conduct an assessment of the situation that includes all of the following: (

A) Visiting the person eligible for regional center services, if appropriate. (

B) Determining barriers to successful community inclusion. (

C) Providing recommendations on the most appropriate means necessary to assist the person eligible for regional center services to reside in the most inclusive living arrangement.

(2) The regional center shall immediately request assistance from the statewide specialized resource service established pursuant to

Section 4418.25 in order to determine the most appropriate means necessary to assist the person eligible for regional center services to reside in the most inclusive living arrangement and shall provide the information obtained from the statewide specialized resource service to the regional resource development project. If, based on the assessment required by paragraph (1), the regional resource development project determines that additional or different services and supports are necessary, the regional center shall provide those services and supports on an emergency basis.

(3) An individual program plan meeting, including the regional resource development project’s representative, if necessary, shall be convened as soon as possible to review the emergency services and supports required by the person eligible for regional center services and to determine the ongoing needs for services and supports of the person eligible for regional center services. The regional resource development project shall follow up with the regional center as to the success of the recommended interventions until the living arrangement of the person eligible for regional center services is stable. (c)

(1) If the regional resource development project determines, based on the assessment conducted pursuant to subdivision (b), that the person eligible for regional center services referred to the regional resource development project by the court cannot be safely served in a complex needs home, the department shall notify the court of that determination in writing and shall continue to work jointly with the regional center to identify or develop alternative services and supports and implement the alternative services and supports that are identified or developed. (2) (

A) If the regional resource development project, in consultation with the regional center, the person eligible for regional center services, and, when appropriate, their parents, legal guardian, conservator, or authorized representative, determines that admission to a complex needs home is necessary due to an acute crisis and the director of the department or their designee has approved that admission, the regional center shall immediately pursue a court order for short-term admission and crisis stabilization pursuant to

Section 6506. (

B) A determination that admission to a complex needs home is necessary due to an acute crisis shall not be made until the regional center completes a report that includes all of the community-based services and supports considered, including, but not limited to, a community crisis home certified pursuant to

Article 8 (commencing with

Section 4698) of

Chapter of Division 4.5, a supported living arrangement pursuant to

Section 4689, including rental subsidies described in subdivision (

i) of that section, environmental accessibility adaptions or other home modifications, supplemental services and emergency and crisis intervention services described in subdivision (

a) of

Section 4648, whether rate adjustments are necessary to secure the services and supports considered, and the reasons those options will not meet the needs of the person eligible for regional center services. (

C) For purposes for the report described in subparagraph (B), a regional center shall not be required to consider out-of-state placements or mental health facilities, including institutions for mental disease, as described in

Part 5 (commencing with

Section 5900) of Division 5, that are ineligible for federal Medicaid funding. (

d) For purposes of this section, out-of-state placements or mental health facilities and other facilities, including institutions for mental disease, as described in

Part 5 (commencing with

Section 5900) of Division 5, for which federal Medicaid funding is not available, shall not be deemed to be supplemental services or emergency and crisis intervention services under subdivision (

a) of

Section 4648. (

e) An admission of an adolescent or adult with complex needs to a complex needs home due to an acute crisis shall meet all of the following requirements:

(1) An initial court commitment pursuant to this

section shall not exceed six months. As soon as possible following admission to a complex needs home, a comprehensive assessment shall be completed by the regional center in coordination with the regional resource development project and the complex needs service staff. The comprehensive assessment shall include an 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 person eligible for regional center services back to a noncrisis community setting. Upon completion of the assessment, the regional center shall submit a copy of the assessment to the committing court.

(2) Immediately following the assessment, and not later than days following admission, the regional center and the complex needs home 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 person eligible for regional center services back to community living pursuant to

Section 4418.3. The clients’ rights advocate for the regional center shall be notified of the admission of the person eligible for regional center services and the time, date, and place of the individual program plan meeting and may participate in the meeting unless the person eligible for regional center services objects on their own behalf.

(3) If transition back to the community is not expected to be achieved within days of admission, an individual program plan meeting shall be held to discuss the status of the transition and to determine if the person eligible for regional center services is still in need of crisis stabilization. If crisis services continue to be necessary, the regional center shall submit to the department an updated transition plan and a request for an extension of the stay of the person eligible for regional center services at the complex needs home for a period not to exceed days.

A person eligible for regional center services may reside in a complex needs home for up to one year, after which the person eligible for regional center services shall transition into a community living arrangement pursuant to

Section 4418.3. (4) (

A) Notwithstanding paragraph (3), a person eligible for regional center services may continue to reside in a complex needs home for a period not to exceed months if all of the following conditions are met: (

i) After an additional comprehensive assessment by the regional center, the department determines that the person eligible for regional center services requires continued placement in a complex needs home. (ii) An individual program plan is developed that identifies the specific services and supports necessary for the person eligible for regional center services to transition back into the community and includes a timeline to obtain those supports and services. (iii) The committing court has reviewed and, if appropriate, extended the commitment. (

B) The clients’ rights advocate for the regional center shall be notified of any proposed extension under subparagraph (A). The clients’ rights advocate shall also be notified of the time, date, and place of any individual program plan meeting to consider the extension and may participate in the meeting unless the person eligible for regional center services objects on their own behalf.

(5) Notwithstanding paragraph (4), the regional center may request, and the committing court may grant, an additional extension of the commitment of a person eligible for regional center services, not to exceed days, if both of the following conditions are met: (

A) The regional center has demonstrated significant progress towards implementing the individual program plan required by clause (ii) of subparagraph (

A) of paragraph (4). (

B) Extraordinary circumstances exist beyond the regional center’s control that prevent the regional center from obtaining the services and supports required by the person eligible for regional center services according to the timeline included in the individual program plan.

(6) A person eligible for regional center services who transitions into the community after admission to a complex needs home pursuant to this

section shall be considered to have complex needs for purposes of

Section 4640.6. (

f) Persons eligible for regional center services with complex needs may participate in day, work, educational, and recreational programs when the individual program plan identifies it is appropriate and consistent with the individual’s treatment plan. The complex needs homes shall assist the person eligible for regional center services with transitioning back to their prior residence, or an alternative community-based residential setting, within the timeframe described in this section. (g)

(1) The department may execute leases, lease-purchases, or leases with the option to purchase for real property necessary for the establishment or maintenance of homes to serve as complex needs homes.

(2) A complex needs home shall not be established or maintained in an existing building on the grounds of a developmental center described in

Section that, at any point prior to June 30, 2023, had been licensed as a skilled nursing facility, intermediate care facility, or general acute care hospital, or was otherwise used for the purpose of the treatment or residential placement of persons eligible for regional center services. (

h) For purposes of this section, the following

definitions shall apply: (1) “Acute crisis” means a circumstance that necessitates the admission of a person eligible for regional center services to a complex needs home due to the existence of both of the following conditions: (

A) There is imminent risk for substantial harm to the person eligible for regional center services or others. (

B) Existing services and supports available to the person eligible for regional center services in the community, including supplemental services and emergency and crisis intervention services provided pursuant to subdivision (

a) of

Section 4648, are insufficient and a more specialized environment for crisis stabilization is required to meet the needs of the person eligible for regional center services. (2) “Complex needs” means the concurrent dual diagnosis of an intellectual or developmental disability and a mental health disorder. (3) “Complex needs home” means a property operated by the department and designated to provide Stabilization, Training, Assistance and Reintegration (STAR) services for complex needs. (4) “Containment” has the same meaning as that term is defined in

Section of Title of the California Code of Regulations. (5) “Emergency intervention” has the same meaning as that term is defined in

Section of Title of the California Code of Regulations. (6) “Person eligible for regional center services” shall have the same meaning as defined in

Section 4512. (7) “Prone restraint” has the same meaning as that term is defined in

Section of Title of the California Code of Regulations. (8) “Physical restraint” has the same meaning as that term is defined in

Section of Title of the California Code of Regulations. (9) “Seclusion” has the same meaning as that term is defined in

Section of Title of the California Code of Regulations. (

i) Notwithstanding any other law or regulation, a complex needs home shall not utilize any of the following interventions:

(1) A prone restraint.

(2) A physical restraint or containment procedure, unless the person eligible for regional center services presents an imminent risk of serious physical harm to themselves or others that cannot be prevented using a less restrictive technique. A complex needs home shall not utilize an emergency intervention technique that obstructs the respiratory airway or impairs the breathing or respiratory capacity of the person eligible for regional center services.

(3) Seclusion.

(4) The emergency interventions described in

Section of Title of the California Code of Regulations.

(5) Psychotropic or behavior-modifying medications used to control behavior or to restrict the person’s freedom of movement if that medication is not a standard treatment for the person’s individualized medical or psychiatric condition.

SEC. 11.

Section of the Welfare and Institutions Code is amended to read: 4425. The department shall keep in its office a record showing the following facts concerning each patient in custody in the several institutions all of the following: (

a) Name, residence, sex, age, place of birth, occupation, and civil condition. (

b) The date of commitment, and the respective names and residences of all of the following:

(1) The person who made the petition for commitment.

(2) The persons who signed the medical certificate.

(3) The judge who made the order of commitment. (

c) The name of the institution in which they are confined, the date of their admission thereto, and whether they were brought from their home or from another institution. If they were brought from another institution, the record shall show also the name of that institution, by whom they were brought, and their condition. (

d) If discharged, the date of discharge, to whose care they were committed, and whether recovered, improved, unimproved, or not in need of commitment. (

e) If transferred, for what cause the transfer was made and to what institution. (

f) If dead, the date and cause of death.

SEC. 12.

Section of the Welfare and Institutions Code is amended to read: 4426. The department may inquire into the manner in which a person with an intellectual disability who is subject to commitment, not confined in a state hospital, is cared for and maintained. If, in its judgment, the person is not properly and suitably cared for, the department may apply to a judge of the superior court for an order to commit the person to a state hospital under the provisions of this code.

This order shall not be made unless the judge finds, and certifies in the order, that the person is not properly or suitably cared for by their relatives, legal guardian, or conservator, or that it is dangerous to the public to allow the person to be cared for and maintained by the relatives, legal guardian, or conservator.

SEC.

Section 4427.5 of the Welfare and Institutions Code is amended to read: 4427.5. (a)

(1) A developmental center or State Department of Developmental Services-operated facility shall immediately, but no later than within two hours of the developmental center or State Department of Developmental Services-operated facility observing, obtaining knowledge of, or suspecting abuse, report the following incidents involving a resident to the local law enforcement agency having jurisdiction over the city or county in which the developmental center or State Department of Developmental Services-operated facility is located, regardless of whether the Office of Protective Services has investigated the facts and circumstances relating to the incident: (

A) A death. (

B) A sexual assault, as defined in

Section 15610.63. (

C) An assault with a deadly weapon, as described in

Section of the Penal Code, by a nonresident of the developmental center or State Department of Developmental Services-operated facility. (

D) An assault with force likely to produce great bodily injury, as described in

Section of the Penal Code. (

E) An injury to the genitals when the cause of the injury is undetermined. (

F) A broken bone when the cause of the break is undetermined.

(2) If the incident is reported to the law enforcement agency by telephone, a written report of the incident shall also be submitted to the agency, within two working days.

(3) The reporting requirements of this subdivision are in addition to, and do not substitute for, the reporting requirements of mandated reporters, and any other reporting and investigative duties of the developmental center or State Department of Developmental Services-operated facility and the department as required by law.

(4) This

section does not prevent the developmental center or State Department of Developmental Services-operated facility from reporting any other criminal act constituting a danger to the health or safety of the residents of the developmental center or State Department of Developmental Services-operated facility to the local law enforcement agency. (b)

(1) The department shall report to the agency described in subdivision (

i) of

Section any of the following incidents involving a resident of a developmental center or State Department of Developmental Services-operated facility: (

A) Any unexpected or suspicious death, regardless of whether the cause is immediately known. (

B) Any allegation of sexual assault, as defined in

Section 15610.63, in which the alleged perpetrator is an employee or contractor of a developmental center or State Department of Developmental Services-operated facility. (

C) Any report made to the local law enforcement agency in the jurisdiction in which the facility is located that involves physical abuse, as defined in

Section 15610.63, in which a staff member is implicated.

(2) A report pursuant to this subdivision shall be made no later than the close of the first business day following the discovery of the reportable incident. The report shall include the unique identifier of the person involved, and the name, street address, and telephone number of the facility. (

c) The department shall do both of the following:

(1) Annually provide written information to every employee of a developmental center or State Department of Developmental Services-operated facility regarding all of the following: (

A) The statutory and departmental requirements for mandatory reporting of suspected or known abuse. (

B) The rights and protections afforded to individuals’ reporting of suspected or known abuse. (

C) The penalties for failure to report suspected or known abuse. (

D) The telephone numbers for reporting suspected or known abuse or neglect to designated investigators of the department and to local law enforcement agencies.

(2) On or before August 1, 2001, in consultation with employee organizations, advocates, persons eligible for regional center services, and family members, develop a poster that encourages staff, residents, and visitors to report suspected or known abuse and provides information on how to make these reports. (

d) A failure to report an incident under subdivision (

a) shall be deemed a class B violation as provided in

Section 1424.6 of the Health and Safety Code if the incident occurs in a distinct

part long-term health care facility. If the incident occurs in the general acute care hospital or acute psychiatric hospital portion of the developmental center, a failure to report the incident under subdivision (

a) shall be subject to a civil penalty specified in

Section 1280.4 of the Health and Safety Code.

SEC. 14.

Section of the Welfare and Institutions Code is amended to read: 4433. (

a) The Legislature finds and declares all of the following:

(1) The State of California accepts its responsibility to ensure and uphold the rights of persons with developmental disabilities and an obligation to ensure that laws, regulations, and policies on the rights of persons with developmental disabilities are observed and protected.

(2) Persons with developmental disabilities are vulnerable to abuse, neglect, and deprivations of their rights.

(3) Clients’ rights advocacy services provided by the regional centers, the advocacy services currently provided by the department at the state developmental centers, and the services provided by the department’s Office of Human Rights may have conflicts of interest or the appearance of a conflict of interest.

(4) The services provided to individuals with developmental disabilities and their families are of such a special and unique nature that they cannot satisfactorily be provided by state agencies or regional centers and must be contracted out pursuant to paragraph (3) of subdivision (

b) of

Section of the Government Code. (b)

(1) To avoid the potential for a conflict of interest or the appearance of a conflict of interest, beginning January 1, 1998, the department shall contract for clients’ rights advocacy services. The department shall solicit a single statewide contract with a nonprofit agency that results in at least three responsive bids that meet all of the criteria specified in paragraph (2) to perform the services specified in subdivision (d). If three responsive bids are not received, the department may rebid the contract on a regional basis, not to exceed three regional contracts and one contract for developmental centers and headquarters.

(2) Any contractor selected shall meet the following requirements: (

A) The contractor can demonstrate the capability to provide statewide advocacy services to individuals with developmental disabilities living in developmental centers and in the community. (

B) The contractor does not directly or indirectly provide services to individuals with developmental disabilities, except advocacy services. (

C) The contractor has knowledge of the service system, entitlements, and service rights of persons receiving services from regional centers and in state hospitals. (

D) The contractor can demonstrate the capability of coordinating services with the protection and advocacy agency specified in Division 4.7 (commencing with

Section 4900). (

E) The contractor has not provided any services, except advocacy services, to, or been employed by, any regional center or the Association of Regional Center Agencies during the two-year period prior to the effective date of the contract. (

c) For the purposes of this section, the Legislature further finds and declares that because of a potential conflict of interest or the appearance of a conflict of interest, the goals and purposes of the regional center clients’ rights advocacy services, the state hospitals, and the services of the Office of Human Rights, cannot be accomplished through the utilization of persons selected pursuant to the regular civil service system, nor can the services be provided through the department’s contracts with regional centers. Accordingly, contracts into which the department enters pursuant to this

section are permitted and authorized by paragraphs (3) and (5) of subdivision (

b) of

Section of the Government Code. (

d) The contractor shall do all of the following:

(1) Provide clients’ rights advocacy services to persons with developmental disabilities who are eligible for regional center services and receiving services from regional centers and to individuals who reside in the state developmental centers and hospitals, including ensuring the rights of persons with developmental disabilities, and assisting persons with developmental disabilities in pursuing administrative and legal remedies.

(2) Investigate and take action as appropriate and necessary to resolve complaints from or concerning persons with developmental disabilities residing in licensed health and community care facilities regarding abuse, and unreasonable denial, or punitive withholding, of rights guaranteed under this division.

(3) Provide consultation, technical assistance, supervision and training, and support services for clients’ rights advocates that were previously the responsibility of the Office of Human Rights.

(4) Coordinate the provision of clients’ rights advocacy services in consultation with the department, stakeholder organizations, and persons with developmental disabilities and their families representing California’s multicultural diversity.

(5) Provide at least two self-advocacy trainings for persons eligible for regional center services and family members. (

e) In order to ensure that individuals with developmental disabilities have access to high-quality advocacy services, the contractor shall establish a grievance procedure and shall advise persons receiving services under the contract of the availability of other advocacy services, including the services provided by the protection and advocacy agency specified in Division 4.7 (commencing with

Section 4900). (

f) The department shall contract on a multiyear basis for a contract term of up to five years, subject to the annual appropriation of funds by the Legislature. (

g) This

section shall not prohibit the department and the regional centers from advocating for the rights, including the right to generic services, of persons with developmental disabilities.

SEC. 15.

Section of the Welfare and Institutions Code is amended to read: 4434. (

a) Notwithstanding preexisting rights to enforce the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with

Section 4500)), it is the intent of the Legislature that the department ensure that the regional centers operate in compliance with federal and state law and regulation and provide services and supports to persons eligible for regional center services in compliance with the principles and specifics of this division. (

b) The department shall take all necessary actions to support regional centers to successfully achieve compliance with this

section and provide high-quality services and supports to persons eligible for regional center services and their families. (

c) The contract between the department and individual regional centers required by

Chapter 5 (commencing with

Section 4620) of Division 4.5 shall include a provision requiring each regional center to render services in accordance with applicable provisions of state laws and regulations. In the event that the department finds a regional center has violated this requirement, or when it appears that a regional center has engaged in, or is about to engage in, any act or practice constituting a violation of any provision of Division 4.5 (commencing with

Section 4500) or any regulation adopted thereunder, the department shall promptly take the appropriate steps necessary to ensure compliance with the law, including actions authorized under

Section or 4635. The department, as the director deems appropriate, may pursue other legal or equitable remedies for enforcement of the obligations of regional centers, including, but not limited to, seeking specific performance of the contract between the department and the regional center or otherwise act to enforce compliance with Division 4.5 (commencing with

Section 4500) or any regulation adopted thereunder. (

d) As part of its responsibility to monitor regional centers, the department shall collect and review printed materials issued by the regional centers, including, but not limited to, purchase of service policies and other policies, guidelines, or assessment tools utilized by regional centers when determining the service needs of a person eligible for regional center services, instructions and training materials for regional center staff, board meeting agendas and minutes, and general policy and notifications provided to all providers and persons eligible for regional center services and families.

Within a reasonable period of time, the department shall review new or amended purchase of service policies prior to implementation by the regional center to ensure compliance with statute and regulation. The department shall take appropriate and necessary steps to prevent regional centers from utilizing a policy or guideline that violates any provision of Division 4.5 (commencing with

Section 4500) or any regulation adopted thereunder. The department shall confirm that the purchase of service policies and other policies, guidelines, or assessment tools utilized by regional centers when determining the service needs of a person eligible for regional center services are available to the public, as required by paragraph (5) of subdivision (

b) of

Section 4629.5.

SEC.

Section 4435.1 of the Welfare and Institutions Code is amended to read: 4435.1. (

a) It is the intent of the Legislature to provide more statewide uniformity and consistency and promote equity in the administrative practices and services of regional centers, consistent with the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with

Section 4500)), as specified in this section. (b)

(1) No later than June 30, 2024, the department shall establish common data

definitions that shall be used to promote service access and equity in all regional center services and programs. No later than January 1, 2025, regional centers shall start recording the race and ethnicity and preferred language identified by each individual, subject to paragraph (4), at the time of initial intake, assessment, and the individual program plan meeting following the individual’s 18th birthday. Individuals have the right to update their demographic information at any time.

(2) The categories for race and ethnicity shall be based on the latest categories adopted by the United States Core Data for Interoperability set forth by the United States Office of the National Coordinator for Health Information Technology. (3) “Preferred language” means the language chosen by the applicant or individual, or, when appropriate, the individual’s parent, legal guardian, conservator, or authorized representative.

(4) This

section does not compel an individual, their parent, their legal guardian, conservator, or their authorized representative to provide requested information regarding the race, ethnicity, or preferred language of any of those persons.

(5) The data requirements described in this subdivision shall be integrated with the department’s new case management system. (c)

(1) No later than June 30, 2025, the department shall establish standardized processes, including standardized templates, for assessing the need for respite services for a person eligible for regional center services. Regional centers shall implement these standardized processes no later than January 1, 2026.

(2) The processes shall include a requirement that the regional center obtain information about respite needs from family members and, when appropriate, from other caregivers. The information obtained from these standardized processes shall be considered by the individual’s individual program planning team.

(3) Regional centers shall make any modifications to their purchase-of-service policies as necessary for implementation of this subdivision. (

d) No later than June 30, 2024, the department shall establish a standardized individual program plan template and standardized procedures, including frequency of meetings, that are consistent with person-centered services planning requirements. The template shall be integrated with the department’s new case management system. Regional centers shall implement the standardized individual program plan template and procedures no later than January 1, 2025. (

e) No later than June 30, 2025, the department shall establish standardized vendorization procedures. These procedures may include, but are not limited to, standardized vendorization forms and requirements to streamline vendorization elements, including when services are provided through more than one regional center. Regional centers shall implement these standardized vendorization procedures and provide updated vendor lists to the department on a quarterly basis no later than January 1, 2026. (f)

(1) No later than January 1, 2025, the department shall establish a standardized intake process consistent with the requirements and timelines specified in

Section 4642.

(2) No later than June 30, 2025, and to the extent allowed by current data systems, regional centers shall report to the department, quarterly as described in paragraph (4), the number of assessments and the length of time that it took to determine eligibility.

(3) The department shall include all of the following information in its new case management system: (

A) The number of individuals for whom intake was requested. (

B) The outcome of that intake, including whether an assessment was determined to be necessary. (

C) The length of time that it took to complete the assessment. (

D) The number of notices of action sent pursuant to paragraph (3) of subdivision (

a) of

Section 4642.

(4) Regional centers shall report the data described in this subdivision to the department on a quarterly basis, based on the criteria specified in paragraphs (1) to (5), inclusive, of subdivision (

a) of

Section 4519.5. (

g) The department shall develop the standardized processes specified in this

section with input from stakeholders, including persons eligible for regional center services and families, who reflect the demographic diversity of California, to the extent practicable. In developing the standardized processes specified in this section, the department shall address barriers that may impact access to services. (

h) Notwithstanding

Chapter 3.5 (commencing with

Section 11340) of Part of Division of Title of the Government Code, the department may implement, interpret, or make specific this

section through written directives until regulations are effective. (

i) As part of its quarterly updates to the Legislature pursuant to

Section 4474.17, the department shall provide information on the status of implementation of this section.

SEC.

Section 4435.2 of the Welfare and Institutions Code is amended to read: 4435.2. (

a) No later than July 1, 2025, the department, with input from stakeholders, including persons eligible for regional center services and families, relevant state agencies, and other entities overseeing benefits or services considered generic services by regional centers, including representatives of the State Department of Education, the Department of Rehabilitation, the State Department of Social Services, and the State Department of Health Care Services, shall provide all of the following information to the Legislature in accordance with

Section of the Government Code:

(1) A definition of generic services.

(2) Options to improve coordination of generic services for individuals and families.

(3) A description of regional center efforts to coordinate generic services for individuals and families.

(4) Identified barriers to accessing generic services. (

b) The department shall explore the feasibility of including the functionality in its new case management system to track utilization of generic services. This functionality shall be used to the extent that data are available. (c)

(1) The department shall, with input from stakeholders, including persons eligible for regional center services and families, evaluate the availability of common services and supports that individuals served by regional centers can access when determined necessary by their individual program planning team or their individualized family service plan team.

(2) The department shall evaluate these common services and supports for all of the following: (

A) Inconsistencies in the availability of services or supports across the state. (

B) Availability of services or supports based on the preferred language of persons eligible for regional center services. (

C) Recommendations for addressing inconsistencies, including data collection and related infrastructure requirements that may be necessary to analyze service or support use patterns.

(3) By January 10, 2025, the department shall provide a status update on efforts to complete the evaluation described in this subdivision and a projected date for completing the evaluation. (

d) As part of its quarterly updates to the Legislature pursuant to

Section 4474.17, the department shall provide information on the status of implementation of this section.

SEC. 18.

Section of the Welfare and Institutions Code is amended to read: 4457. Whenever a trial is had of a person charged with escape or attempt to escape from a state hospital, whenever a hearing is had on the return of a writ of habeas corpus prosecuted by or on behalf of a person confined in a state hospital except in a proceeding to which

Section applies, whenever a hearing is had on a petition under

Section 1026.2, subdivision (

b) of

Section 1026.5, or subdivision (

f) of

Section of the Penal Code, or

Section of this code for the release of a person confined in a state hospital, and whenever a person confined in a state hospital is tried for a crime committed therein, the appropriate financial officer or other designated official of the county in which the trial or hearing is had shall make out a statement of all costs incurred by the county for investigation and other preparation for the trial or hearing, and the actual trial or hearing, all costs of maintaining custody of the patient and transporting them to and from the hospital, and costs of appeal.

The statement shall be properly certified by a judge of the superior court of that county and sent to the Controller for approval. After the court approval, the Controller shall cause the amount of the costs incurred on and after July 1, 1987, to be paid out of the money appropriated by the Legislature, to the county treasurer of the county where the trial or hearing was had.

SEC. 19.

Section of the Welfare and Institutions Code is amended to read: 4459. (

a) The State Department of Developmental Services shall investigate and examine all nonresident persons judicially committed to any state hospital and shall cause those persons, when found to be nonresidents as defined in this chapter, to be promptly and humanely returned under proper supervision to the state in which they have legal residence. The department may defer that action by reason of a patient’s medical condition. (

b) For the purpose of facilitating the prompt and humane return of persons pursuant to subdivision (a), the State Department of Developmental Services may enter into reciprocal agreements with the proper boards, commissions, or officers of other states or political subdivision thereof for the mutual exchange or return of a person judicially committed to any state hospital in one state whose legal residence is in the other, and it may in such reciprocal agreements vary the period of residence as defined in this

chapter to meet the requirements or laws of the other states. (

c) The department may give written permission for the return of any resident of this state confined in a public institution in another state, corresponding to any state home for the developmentally disabled of this state. When a resident is returned to this state pursuant to this chapter, they may be admitted as a voluntary patient to any institution of the department as designated by the Director of Developmental Services.

SEC. 20.

Section of the Welfare and Institutions Code is amended to read: 4461. (

a) All expenses incurred in returning persons to other states shall be paid by this state, the person, or their relatives, but the expense of returning residents of this state shall be borne by the state making the returns. (

b) The cost and expense incurred in effecting the transportation of the nonresident persons to the states in which they have residence shall be advanced from the funds appropriated for that purpose or, if necessary, from the money appropriated for the care of developmentally disabled persons upon vouchers approved by the Department of General Services.

SEC. 21.

Section of the Welfare and Institutions Code is amended to read: 4462. (

a) The State Department of Developmental Services, when it deems it necessary, may, under conditions prescribed by the director, transfer any patients of a state institution under its jurisdiction to another such institution. Transfers of patients of state hospitals shall be made in accordance with the provisions of

Section 7300. (

b) Transfer of a conservatee shall only be with the consent of the conservator. (

c) The expense of any such transfer shall be paid from the moneys available by law for the support of the department or for the support of the institution from which the patient is transferred. Liability for the care, support, and maintenance of a patient so transferred in the institution to which they have been transferred shall be the same as if they had originally been committed to that institution.

SEC. 22.

Section of the Welfare and Institutions Code is amended to read: 4465. (

a) The Director of Developmental Services may deposit any funds of patients in the possession of each hospital administrator of a state hospital in trust with the treasurer pursuant to

Section 16305.3 of the Government Code, or, subject to the approval of the Department of Finance, may deposit the funds in interest-bearing bank accounts or invest and reinvest the funds in any of the securities described in

Article 1 (commencing with

Section 16430) of

Chapter of Part of Division of Title of the Government Code and for the purposes of deposit or investment only may mingle the funds of any patient with the funds of other patients. The hospital administrator with the consent of the patient may deposit the interest or increment on the funds of a patient in the state hospital in a special fund for each state hospital, to be designated the “benefit fund,” of which they shall be the trustee. The administrator may, with the approval of the Director of Developmental Services, expend the moneys in the fund for the education or entertainment of the patients of the institution. (

b) On and after December 1, 1970, the funds of a patient in a state hospital or a patient on leave of absence from a state hospital shall not be deposited in interest-bearing bank accounts or invested and reinvested pursuant to this

section except when authorized by the patient. Any interest or increment accruing on the funds of a patient on leave of absence from a state hospital shall be deposited in their account. Any interest or increment accruing on the funds of a patient in a state hospital shall be deposited in their account, unless the patient authorizes their deposit in the state hospital’s “benefit fund.” (

c) Any state hospital charges for patient care against the funds of a patient in the possession of a hospital administrator or deposited pursuant to this

section and that are used to pay for that care, shall be stated in an itemized bill to the patient.

SEC. 23.

Section of the Welfare and Institutions Code is amended to read: 4466. (

a) When any patient in any state institution subject to the jurisdiction of the State Department of Developmental Services dies, and any personal funds or property of that patient remains in the hands of the superintendent thereof, and no demand is made upon the superintendent by the owner of the funds or property or their legally appointed representative, all money and other personal property of the decedent remaining in the custody or possession of the superintendent shall be held by them for a period of one year from the date of death of the decedent, for the benefit of the heirs, legatees, or successors in interest of the decedent. (

b) Upon the expiration of the one-year period, any money remaining unclaimed in the custody or possession of the superintendent shall be delivered to the State Treasurer for deposit in the Unclaimed Property Fund under the provisions of

Article 1 (commencing with

Section 1440) of

Chapter of Title of Part of the Code of Civil Procedure. (

c) Upon the expiration of the one-year period, all personal property and documents of the decedent, other than cash, remaining unclaimed in the custody or possession of the superintendent, shall be disposed of as follows:

(1) All deeds, contracts, or assignments shall be filed by the superintendent with the public administrator of the county of commitment of the decedent.

(2) All other personal property shall be sold by the superintendent at public auction, or upon a sealed-bid basis, and the proceeds of the sale delivered by them to the State Treasurer in the same manner as provided with respect to unclaimed money of the decedent. If they deem it expedient to do so, the superintendent may accumulate the property of several decedents and sell the property in lots, provided that they make a determination as to each decedent’s share of the proceeds.

(3) If any personal property of the decedent is not salable at public auction, or upon a sealed-bid basis, or if it has no intrinsic value, or if its value is not sufficient to justify the deposit of the property in the State Treasury, the superintendent may order it destroyed.

(4) All other unclaimed personal property of the decedent not disposed of as provided in this subdivision shall be delivered by the superintendent to the State Controller for deposit in the State Treasury under the provisions of

Article 1 (commencing with

Section 1440) of

Chapter of Title of Part of the Code of Civil Procedure.

SEC. 24.

Section of the Welfare and Institutions Code is amended to read: 4467. (

a) When a patient in any state institution subject to the jurisdiction of the State Department of Developmental Services escapes, or is discharged or is on leave of absence from that institution, and any personal funds or property of the patient remains in the hands of the superintendent thereof, and no demand is made upon the superintendent by the owner of the funds or property or their legally appointed representative, all money and other intangible personal property of the patient, other than deeds, contracts, or assignments, remaining in the custody or possession of the superintendent shall be held by them for a period of seven years from the date of escape, discharge, or leave of absence, for the benefit of the patient or their successors in interest, except that unclaimed personal funds or property of minors on leave of absence may be exempted from the provisions of this

section during the period of their minority and for a period of one year thereafter, at the discretion of the Director of Developmental Services. (

b) Upon the expiration of the seven-year period, any money and other intangible property, other than deeds, contracts, or assignments, remaining unclaimed in the custody or possession of the superintendent shall be subject to the provisions of

Chapter 7 (commencing with

Section 1500) of Title of Part of the Code of Civil Procedure. (

c) Upon the expiration of one year from the date of escape, discharge, or parole.

(1) All deeds, contracts, or assignments shall be filed by the superintendent with the public administrator of the county of commitment of the patient.

(2) All tangible personal property other than money, remaining unclaimed in their custody or possession, shall be sold by the superintendent at public auction, or upon a sealed-bid basis, and the proceeds of the sale shall be held by them subject to the provisions of

Section of this code, and subject to the provisions of

Chapter 7 (commencing with

Section 1500) of Title of Part of the Code of Civil Procedure. If they deem it expedient to do so, the superintendent may accumulate the property of several patients and may sell the property in lots, provided that they make a determination as to each patient’s share of the proceeds. (

d) If any tangible personal property covered by this

section is not salable at public auction or upon a sealed-bid basis, or if it has no intrinsic value, or if its value is not sufficient to justify its retention by the superintendent to be offered for sale at public auction or upon a sealed-bid basis at a later date, the superintendent may order it destroyed.

SEC. 25.

Section of the Welfare and Institutions Code is amended to read: 4474. Each patient in a state hospital for the developmentally disabled who has resided in the state hospital for a period of at least days shall be paid an amount of aid for their personal and incidental needs that, when added to their income, equals twelve dollars and fifty cents ($12.50) per month.

SEC.

Section 4474.1 of the Welfare and Institutions Code is amended to read: 4474.1. (

a) When the State Department of Developmental Services proposes the closure of a state developmental center, the department shall be required to submit a detailed plan to the Legislature not later than April immediately prior to the fiscal year in which the plan is to be implemented, and as a part of the Governor’s proposed budget. A plan submitted to the Legislature pursuant to this section, including any modifications made pursuant to subdivision (b), shall not be implemented without the approval of the Legislature. (

b) A plan submitted on or before April immediately prior to the fiscal year in which the plan is to be implemented may be subsequently modified during the legislative review process. (

c) Prior to submission of the plan to the Legislature, the department shall solicit input from the State Council on Developmental Disabilities, the Association of Regional Center Agencies, the protection and advocacy agency specified in

Section 4901, the local regional center, persons eligible for regional center services living in the developmental center, parents, family members, guardians, and conservators of persons living in the developmental centers or their representative organizations, persons with developmental disabilities living in the community, developmental center employees and employee organizations, community care providers, the affected city and county governments, and business and civic organizations, as may be recommended by local state Senate and Assembly representatives. (

d) Prior to the submission of the plan to the Legislature, the department shall confer with the county in which the developmental center is located, the regional centers served by the developmental center, and other state departments using similar occupational classifications, to develop a program for the placement of staff of the developmental center planned for closure in other developmental centers, as positions become vacant, or in similar positions in programs operated by, or through contract with, the county, regional centers, or other state departments, including, but not limited to, the community state staff program, use of state staff for mobile health and crisis teams in the community, and use of state staff in new state-operated models that may be developed as a component of the closure plan. (

e) Prior to the submission of the plan to the Legislature, the department shall confer with the county in which the developmental center is located, and shall consider recommendations for the use of the developmental center property. (

f) Prior to the submission of the plan to the Legislature, the department shall hold at least one public hearing in the community in which the developmental center is located, with public comment from that hearing summarized in the plan. (

g) The plan submitted to the Legislature pursuant to this

section shall include all of the following:

(1) A description of the land and buildings at the developmental center.

(2) A description of existing lease arrangements at the developmental center.

(3) A description of resident characteristics, including, but not limited to, age, gender, ethnicity, family involvement, years of developmental center residency, developmental disability, and other factors that will determine service and support needs.

(4) A description of stakeholder input provided pursuant to subdivisions (c), (d), and (e), including a description of local issues, concerns, and recommendations regarding the proposed closure, and alternative uses of the developmental center property.

(5) The impact on residents and their families.

(6) A description of the unique and specialized services provided by the developmental center, including, but not limited to, crisis facilities, health and dental clinics, and adaptive technology services.

(7) A description of the assessment process and community placement decision process that will ensure necessary services and supports are in place prior to a resident transitioning into the community.

(8) Anticipated alternative placements for residents.

(9) A description of how the department will transition the client rights advocacy contract provided at the developmental center pursuant to

Section to the community.

(10) A description of how the well-being of the residents will be monitored during and following their transition into the community.

(11) The impact on regional center services.

(12) Where services will be obtained that, upon closure of the developmental center, will no longer be provided by that facility.

(13) A description of the potential job opportunities for developmental center employees, activities the department will undertake to support employees through the closure process, and other efforts made to mitigate the effect of the closure on employees.

(14) The fiscal impact of the closure.

(15) The timeframe in which closure will be accomplished.

SEC.

Section 4474.12 of the Welfare and Institutions Code is amended to read: 4474.12. (

a) The department shall seek to modify the contract in existence on January 1, 2017, for the conduct of a movers longitudinal study to include all of the following:

(1) A requirement that at least individuals who meet the following criteria participate in the study: (

A) Volunteered to participate in the study. (

B) Proportionately selected from among individuals who have moved into the community from Sonoma Developmental Center, Fairview Developmental Center, or Porterville Developmental Center. (

C) Proportionately selected from among individuals who have moved into the community at different stages of the closure process.

(2) A requirement that the study follow a sample of individuals described in paragraph (1) for a two-year period after the individual moves into the community from the developmental center.

(3) A requirement that the study include individuals who move into the community from a developmental center during the first year of the study, and during each subsequent year of the study, until the developmental centers identified in subparagraph (

B) of paragraph (1) close.

(4) A requirement that researchers conducting the study meet with each individual participating in the study at intervals of three months, six months, one year, and two years following the person’s move into the community from the developmental center to discuss the individual’s quality of life and services and supports. (

b) The movers longitudinal study described in this

section is one element of the quality assurance instrument required pursuant to

Section 4571. (c)

(1) For purposes of conducting the study, the department shall maintain and update the addresses of, and contact information for, former residents of the centers who relocated as a result of the closure of the centers.

(2) The department shall ensure, to the extent permitted by law, that researchers conducting the study have access to data and other information necessary to conduct the study, including the addresses of, and contact information for, former residents of the centers who relocated due to the closure of the centers. (

d) The department shall annually submit interim reports to the Legislature regarding the study in accordance with the requirements of

Section of the Government Code. The reports shall include information about satisfaction of persons eligible for regional center services and their families, and adequacy of community services. Upon the completion of the study as described in subdivision (a), the department shall submit the study to the Legislature, in accordance with the requirements of

Section of the Government Code.

SEC.

Section 4474.16 of the Welfare and Institutions Code is amended to read: 4474.16. (a)

(1) On or before January 10, 2023, and in conjunction with the Governor’s proposed 2023–24 budget, the State Department of Developmental Services shall submit to the Legislature an updated version of the safety net plan that was originally submitted pursuant to subdivision (

a) of

Section 4474.15.

(2) The updated plan shall be developed in consultation with stakeholders and shall do all of the following: (

A) Evaluate the progress made to create a safety net, including services or residences intended to facilitate transitions or diversions from institutions for mental disease, the Canyon Springs Community Facility, the secure treatment program at Porterville Developmental Center, carceral settings such as prisons or jails, or other restrictive settings. This evaluation shall include data on the number of persons eligible for regional center services who transitioned from those facilities since 2019, and to which setting type or living option. (

B) Identify areas the stakeholder community suggests evaluating and recommendations from the stakeholder community, which may include, but is not limited to, best practices for supporting individuals at risk of placement in restrictive settings, expanding or refining existing service or models of care, and developing new models of care for individuals whom private sector vendors cannot or will not serve. (

C) Provide data on the number of adolescents and adults with complex needs, statewide and by regional center, the number of special incidents involving restraints, as described in subparagraph (

B) of paragraph (1) of subdivision (

b) of

Section of Title of the California Code of Regulations, and the number of admissions to institutions for mental diseases funded by regional centers and to the Canyon Springs Community Facility between January 1, 2020, and December 31, 2021. (

D) The department’s strategic planning process, including how the department identifies service gaps, and how the department plans to address future needs in the community. (

b) Commencing July 1, 2023, and until December 31, 2026, the department shall provide quarterly updates to the appropriate policy and fiscal committees of the Legislature on the steps foreseen, planned, and completed in the development of services under the department’s update to the Legislature pursuant to subdivision (a). (

c) Commencing July 1, 2023, and until December 31, 2026, the department shall make quarterly updates to the plan available on its internet website. (

d) A report to be submitted pursuant to subdivision (

a) shall be submitted in compliance with

Section of the Government Code. (

e) For purposes of this section, “adolescents and adults with complex needs” has the same meaning as a “person eligible for regional center services with complex needs,” as defined in

Section 4640.6.

SEC.

Section 4474.17 of the Welfare and Institutions Code is amended to read: 4474.17. (

a) The Legislature finds and declares all of the following:

(1) The Supplemental Report of the 2014–15 Budget Package required the State Department of Developmental Services to provide quarterly briefings to update legislative staff about the closures of developmental centers.

Chapter of the Statutes of expanded the scope of these briefings to include information about the development of community-based crisis services following the developmental center closures. The quarterly briefings have evolved to provide detailed information about the development of the community-based safety net, including information about the physical homes and wraparound and mobile crisis services intended to prevent, deescalate, and treat persons eligible for regional center services in crisis.

(2) The quarterly briefings have provided a valuable opportunity for the department and legislative staff to convene and discuss key issues during the developmental center closure process. They have kept legislative staff, and consequently Members of the Legislature, informed about the department’s progress, challenges, and strategies as it transitioned persons eligible for regional center services from a developmental center or an institution into the community and developed a community-based safety net.

(3) The imminent final closure of the developmental centers provides an opportunity to consider the ongoing purpose of the quarterly briefings. Once the final developmental center closures are complete, the quarterly briefings can provide an avenue for the department and legislative staff to maintain an important ongoing dialogue about key issues facing the developmental services system. The quarterly briefings will allow the department to keep legislative staff informed about its approach to, and progress in, handling various changes in policy and modes of service delivery.

This will be especially important as the population of persons eligible for regional center services continues to grow and change and as the system continues to move toward choice and community integration for persons eligible for regional center services. The disposition of the developmental center properties may continue to be a point of inquiry until that subject comes to a conclusion.

(4) An important feature of the current briefings has been the department’s willingness to adapt the content over time based on feedback from legislative staff. Mindful of the fact that preparing materials and presentations for these briefings requires department staff resources, the ongoing nature of the quarterly briefings should also remain flexible to both meet the needs of the Legislature and the department’s capacity to prepare for the briefings.

Through the briefing discussions themselves, department leadership and legislative staff should come to an agreement about what data and information should be tracked and provided regularly at each briefing, based on what is feasible for the department to provide and considering the priorities of the Legislature. In addition, the department and legislative staff can regularly discuss the range of issues