This bill was introduced by Assembly Members Ting, Arambula, Bennett, Bloom, Carrillo, Cooper, Friedman, Cristina Garcia, Jones-Sawyer, Lee, McCarty, Medina, Mullin, Nazarian, O’Donnell, Ramos, Reyes, Luz Rivas, Blanca Rubio, Stone, Wicks, and Wood on January 8, 2021. Current federal legislation, referred to as Part C of the Individuals with Disabilities Education Act (IDEA), typically allocates funds to states to support the implementation of a comprehensive statewide early intervention program for infants and toddlers with disabilities, spanning from birth to 2 years of age, along with their families. Another component, Part B of the federal act, generally provides funding to states to offer public education to children aged 3 to 5 years, inclusive, who have disabilities. Meanwhile, California state law, known as the California Early Intervention Services Act, establishes a coordinated, family-centered, multidisciplinary, and interagency system to deliver appropriate early intervention services and support to eligible infants, toddlers, and their families statewide. As per the current legal framework, regional centers and local educational agencies are responsible for providing direct services to eligible infants, toddlers, and their families.
The law defines "eligible infant or toddler" as individuals from birth to 2 years old with documented needs for early intervention services, assessed and evaluated based on specified criteria. These criteria encompass developmental delays in areas such as communication, with a significant difference of 33% between expected and actual development, as well as infants and toddlers with established risk conditions carrying known etiology or harmful developmental consequences. This proposed legislation seeks to expand the eligibility criteria for infants or toddlers by introducing a sixth specified area, dividing communication development into expressive and receptive components. Additionally, it aims to modify the definition of "significant difference" by mandating a 25% delay in one or more of these developmental areas.
The bill also aims to explicitly state that fetal alcohol syndrome is considered a condition with established harmful developmental consequences for the purpose of determining eligibility. However, it's important to note that by increasing the service requirements for local educational agencies, the bill would institute a state-mandated local program. Current legislation mandates the department, in collaboration with the State Department of Education, to strategize, formulate, execute, and oversee the statewide early intervention services system, as outlined. The department is designated as the lead agency responsible for administering and coordinating this statewide system, with various responsibilities including establishing a primary contact point with the federal Office of Special Education Programs for Part C administration. Furthermore, the department is tasked with establishing interagency procedures for information sharing and coordinating policymaking activities. Additionally, existing law necessitates the department and the State Department of Education to create, approve, and enforce regulations, as needed, for the effective implementation of the act.
This proposed legislation would mandate the department, when establishing interagency procedures, to actively involve parents and legal guardians in transition-related activities and ensure that each regional center designates a primary contact person for coordinating the transition of a child and family from Part C to Part B in collaboration with other agencies and individuals. The bill further stipulates that these regulations must be updated by October 1, 2024, to incorporate a process for Part C programs to integrate family feedback, enhancing the transition process, training, and family satisfaction. As per existing law, the State Department of Education is responsible for administering services and programs for infants with specific impairments. The bill extends this responsibility by compelling each local educational agency to designate a key contact person for coordinating the transition of a child and family from Part C to Part B, thereby introducing new obligations for local educational agencies and constituting a state-mandated local program. According to current legislation, eligible infants and toddlers, along with their families, receive direct services from regional centers and local educational agencies. The law mandates that an eligible infant or toddler participating in the program must have an individualized family service plan and be assigned a service coordinator as outlined. Additionally, parents must be thoroughly informed of their rights, including the option to invite another individual, such as a family member, advocate, or peer parent, to accompany them to any or all individualized family service plan meetings. Furthermore, existing law stipulates that a referral to the local family resource center or network is contingent upon the consent of the parent or guardian.
This proposed legislation mandates that a service coordinator perform reviews of the individualized family service plan at least quarterly. Additionally, the bill requires the request for consent regarding the referral mentioned above to be presented to parents or legal guardians during the initial individualized family service plan meeting and during any subsequent individualized family service plan meeting if consent had not been obtained previously. Current legislation mandates that any additional costs incurred by a local educational agency or a regional center in implementing the California Early Intervention Services Act must be covered by designated federal funds.
The existing law also empowers the department, in collaboration with the State Department of Education, to allocate funds to support family resource services. These services encompass various forms of support such as parent-to-parent assistance, information dissemination and referral, initiatives to raise public awareness, activities promoting collaboration between families and professionals, and assistance with transitions for families. This proposed legislation grants the authority for the department, in collaboration with the State Department of Education, to furnish extra resources to families, focusing on specific areas such as options for services available to families after their child turns three years old. As per current legislation, the information gathered through the administration of the Unemployment Insurance Code is exclusively intended for the use of the Director of Employment Development in carrying out their official duties and is not accessible to the public. Any unauthorized access, use, or disclosure of this confidential information is deemed a criminal offense.
Existing law mandates the Director of Employment Development to authorize the use of such information for various purposes, including facilitating the State Department of Developmental Services in obtaining quarterly wage data of individuals served by that department. This is done to monitor and assess employment outcomes, thereby evaluating the effectiveness of the Employment First Policy. This proposed legislation would grant the director the additional authority to authorize the use of such information for the State Department of Developmental Services to access unemployment insurance claim data of individuals under their care. Moreover, it broadens the purposes for which this information can be utilized, encompassing the monitoring of program operation and evaluations related to the Employment First Policy. By enabling further dissemination of this information, and consequently increasing the individuals subject to access, use, and confidentiality restrictions, this bill extends the scope of a criminal offense and imposes a state-mandated local program.
The current law, known as the Lanterman Developmental Disabilities Services Act, mandates the department to enter into contracts with regional centers to deliver community services and support for individuals with developmental disabilities and their families. Additionally, the law grants the department authority over various state developmental centers responsible for providing care to those with developmental disabilities. When closing a developmental center, existing law necessitates the department to adhere to procedural requirements, including submitting a comprehensive safety net plan to the Legislature. Moreover, the law previously mandated the department to submit an updated safety net plan by January 10, 2020, outlining how crisis services would be accessible post-closure of a developmental center and how the state would continue its role in offering residential services for individuals not served by private sector vendors.
The proposed legislation mandates the department to submit a revised version of the safety net plan to the Legislature by January 10, 2023. This updated plan is required to incorporate specific additional details, such as insights into the department's strategic planning process. Furthermore, between July 1, 2023, and December 31, 2026, the bill directs the department to furnish quarterly updates to the relevant policy and fiscal committees of the Legislature, outlining the projected, planned, and accomplished steps in the evolution of services outlined in the updated plan. Under the current legal framework, regional centers procure necessary services and support for individuals with developmental disabilities by either engaging approved service providers or coordinating with other publicly funded agencies for their provision. The specific services and support intended for a regional center consumer are outlined in an individual program plan (IPP), crafted in accordance with specified requirements.
Existing legislation directs the department to formulate guidelines and oversee a program aimed at expanding paid internship opportunities for individuals with developmental disabilities, aligning with the outcomes delineated in the IPP. This proposed bill, contingent on an allocation in the Annual Budget Act for this purpose, introduces an additional requirement for the department to establish a three-year pilot program. This program is designed to emphasize competitive integrated employment, postsecondary education, and career readiness for individuals with developmental disabilities transitioning from work activity programs or secondary education. The proposed legislation mandates that the pilot program must meet certain criteria, including its development in consultation with stakeholders. Current law allows a consumer of developmental services to opt for a tailored day service or vouchered community-based training service instead of any other regional center vendored day program, look-alike day program, supported employment program, or work activity program. This bill extends the consumer's choice to include a tailored day service or vouchered community-based training services either in lieu of or in conjunction with those other programs, based on a daily rate of 6 hours per day, as specified.
The bill requires the consumer's individualized service design requirements for tailored day service to be established using a person-centered planning process, as outlined. It eliminates existing regional center requirements for negotiating vendor rates for the tailored day service option for both current and new programs. Instead, the bill mandates regional centers to vendor these services, starting July 1, 2022, at an hourly rate calculated according to specified provisions. The bill prohibits the delivery of tailored day services on the same day as any other regional center vendored day program, look-alike day program, supported employment program, or work activity program, except under specific circumstances. Additionally, the bill prohibits the total monthly hours of tailored day services from exceeding the number of days in the month the services are authorized, multiplied by 4. The rate for vouchered community-based training service is required to be the most recent rate posted on the department's public internet website. Current legislation stipulates that activity centers, adult development centers, behavior management programs, and similar day programs with a daily rate are required to invoice regional centers for services rendered to consumers based on half days of service and full days of service.
The existing law outlines a full day of service as a day where the consumer's attendance comprises at least 65% of the declared and approved program day, while a half day of service is defined as a day in which the consumer's attendance does not meet the criteria for billing a full day of service. Effective July 1, 2022, this proposed bill seeks to eliminate the obligation to bill in terms of full days and half days. It also includes related conforming adjustments. In the context of developmental services, the current legislation defines "nonresidential services" to encompass all services rendered by any vendor except for those offered by a residential facility. The proposed bill would grant authorization for a provider of nonresidential services to employ Alternative Nonresidential Services, as outlined in a specified directive from the department, as necessary to fulfill a consumer's service requirements until December 31, 2022. The bill mandates that these services must be tailored to each consumer's present needs and must prioritize safety, particularly in the context of the COVID-19 pandemic. This includes adherence to relevant state and local health orders and licensing requirements.
The current law mandates the department to establish and execute a statewide Self-Determination Program. This program aims to afford participants and their families greater flexibility, choice, and control over decisions, resources, as well as the services and supports needed to implement their Individual Program Plan (IPP), following specified requirements. Participants are given the option to select financial management services providers who assist them in managing and directing the distribution of funds within their individual budget. These providers ensure that participants have the necessary financial resources to execute their IPP throughout the year. As outlined, participants are responsible for covering the costs of financial management services from their individual budget, with certain exceptions. Additionally, existing law directs the State Council on Developmental Disabilities to submit a report to the Legislature by December 31, 2022, addressing specific topics related to the program.
This proposed bill would alter the financial responsibility for the participant's financial management services provider, shifting it to the regional center, which would now be required to cover the full costs. Additionally, the bill mandates the council to issue the report by June 30, 2023. In contrast to existing law, which necessitates certain vendors to report seclusion-related data to a designated agency on a monthly basis, this bill extends the reporting requirement to include the department, the regional center serving the consumer, and the vendoring regional center (if different). Under the current law, the department was obligated to submit a rate study to specified legislative committees regarding community-based services for individuals with developmental disabilities by March 1, 2019. The law further mandates the department to carry out rate increases between April 1, 2022, and July 1, 2025. These increases are intended to elevate service providers' rates based on a formula derived from the fully funded rate indicated in the rate models featured in the earlier rate study. Starting April 1, 2022, and continuing through the 2022–23 fiscal year, the department is required to implement a rate increase for service providers equivalent to 1/4 of the difference between the existing rates and the fully funded rate model for each provider. From July 1, 2023, through the 2024–25 fiscal year, the department must adjust rates to equal 1/2 of the difference between rates in effect on March 31, 2022, and the fully funded rate model for each provider. Subsequently, starting July 1, 2025, the department is mandated to implement the fully funded rate models, as specified.
This proposed bill seeks to expedite the schedule for the specified rate increases. Starting January 1, 2023, and continuing through the 2023–24 fiscal year, the bill mandates that rates be adjusted to equal 1/2 of the difference between the rates in effect on March 31, 2022, and the fully funded rate model for each provider. Furthermore, the bill requires the department to implement the fully funded rate models, as specified, starting July 1, 2024. Effective January 1, 2023, the bill prohibits a provider from allocating a smaller percentage of the rate increase to direct care staff wages and benefit costs than the corresponding percentage included in the rate models for each specific service. Additionally, providers granted a rate increase must maintain documentation demonstrating that the allocated portion of the rate increase was used to enhance wages, salaries, or benefits for eligible staff members dedicating at least 75% of their time to providing direct services to consumers, at a percentage at least equal to that provided in the rate models.
The proposed bill stipulates that for eligibility in a particular quality incentive program, a vendor must comply with the home- and community-based final rule as outlined or be in the process of implementing a corrective action plan. In the context of existing law, regional center contracts currently specify staffing levels and expertise, including service coordinator-to-consumer ratios. This bill introduces a requirement for regional center contracts to mandate that caseloads for all consumers aged 5 years or younger maintain an average coordinator-to-consumer ratio of 1 to 40. Additionally, the bill establishes a framework for enhanced service coordination, incorporating a service coordinator-to-consumer ratio of 1 to 40 and routine contact, as prescribed, for consumers identified with low or no purchase-of-service expenditures. This enhanced service coordination continues until specific criteria are met, such as the family or consumer no longer expressing interest in receiving enhanced service coordination or when they feel confident in managing without it. The current legislation mandates the department to engage an independent agency or organization to carry out a quality assurance instrument. This instrument is designed to evaluate consumer and family satisfaction, the delivery of services in a linguistically and culturally competent manner, and individual personal outcomes.
This proposed bill would, until there is more than one available assessment meeting the statutory requirements, provide an exemption for the quality assurance instrument contract from the state personal services contracting requirements, the Public Contract Code, the State Contracting Manual, the State Administration Manual, and the approval processes of the Department of General Services and the Department of Technology. The current law outlines specific provisions concerning the retention of regional center workers and the training requirements for direct care staff employed in community care facilities that receive funding from regional centers, as specified. This proposed bill, contingent on appropriation, mandates the department to establish and regional centers to administer specified programs aimed at stabilizing the developmental services workforce. These programs include a training stipends initiative for direct support professionals, an entry-level training and internship program featuring retention stipends for individuals aspiring to become direct support professionals, and a tuition reimbursement program for regional center employees pursuing a degree or certification in a health or human services-related field. The bill delineates eligibility criteria, monetary ranges, and data reporting requirements to the department. It further requires the department to submit specified reports to the Legislature, evaluating the effectiveness of the mentioned programs. Subject to appropriation, the bill also directs the department to formulate a pilot project assessing the feasibility of remote consumer services and supports utilizing technology solutions.
The department must implement remote services and supports based on defined factors, report to the Legislature at quarterly briefings, and submit a final evaluation report by January 10, 2026. Presently, existing law allows remote electronic communications for meetings regarding the provision of services and supports by the regional center, including those for developing or revising a consumer's Individual Program Plan (IPP), until June 30, 2022, upon consumer request or, if appropriate, upon the request of the consumer's parents, legal guardian, conservator, or authorized representative. This bill extends this requirement until June 30, 2023. Current law establishes the Family Cost Participation Program, directing the department to formulate a sliding scale for families with an annual gross income of no less than 400% of the federal poverty guideline, as outlined. Regional centers utilize this scale to evaluate parents' cost participation for offering respite, daycare, and camping services to their children under 18 years of age with developmental disabilities, meeting certain eligibility criteria, and not qualifying for Medi-Cal, among other conditions. Additionally, existing law necessitates regional centers to assess an annual family program fee, as specified, from parents with an adjusted gross family income at or above 400% of the federal poverty level, having a child meeting prescribed requirements and receiving specified services from a regional center.
From July 1, 2022, to June 30, 2023, inclusive, this bill mandates regional centers to halt both existing and new assessments and reassessments of cost participation, as well as existing and new assessments, reassessments, and collections of the annual family program fee described above. Additionally, the bill requires the department to present to the Legislature, by January 10, 2023, and as part of the annual budget process, a plan for revising the Family Cost Participation Program and the annual family program fee. The plan should encompass considerations for changes aimed at enhancing administrative efficiency and ensuring program compliance, among other potential adjustments.
The current legislation designates skilled nursing centers as institutions for mental disease. It mandates that each institution for mental disease, which has admitted a regional center consumer in the preceding year, report annually on February 1 to the contractor for regional center clients' rights advocacy services. The report should include information such as the total number and age of consumers placed in that facility, among other details. This proposed bill would necessitate each institution for mental disease that admitted a regional center consumer in the preceding year, encompassing consumers without regional center funding, to submit quarterly reports. These reports are to be sent to the department, the regional center overseeing services for the consumer, and the contractor for regional center clients' rights advocacy services. The reports should contain specific information, including the total number and age, race, and ethnicity of consumers placed in that facility.
The bill acknowledges the right of adults with disabilities to reside in a family home and recognizes that adults with developmental disabilities, along with their families, may require tailored coordinated family support services. In light of this, the bill mandates the establishment of a Coordinated Family Support Services Pilot Program by the department for adults living with their families. The department is authorized to issue administrative program directives for coordinated family support services, subject to various requirements, ensuring that such directives or regulations encompass key elements of the pilot program. Current law collectively designates regional centers and developmental centers as service agencies. It mandates every service agency, as a prerequisite for continued state fund receipt, to establish an agency fair hearing procedure for resolving conflicts with recipients or applicants for services. The law further directs the department to implement a mediation process to address conflicts between regional centers and service recipients and outlines a voluntary informal meeting process for conflict resolution. Additionally, existing law requires service agencies to provide adequate notice, as defined, to applicants or recipients before taking specified actions, such as deciding to reduce, terminate, or modify services outlined in an Individual Program Plan (IPP).
Adequate notice must be dispatched no later than 5 working days after the agency decides to deny the initiation of a requested service or support intended for inclusion in the IPP. Starting March 1, 2023, this proposed bill seeks to revise and restructure existing provisions. It would replace the requirement for every regional center or state-operated facility, as a condition for continued state fund receipt, to have an agency fair hearing procedure. Instead, the bill would mandate these entities to establish an appeals procedure for addressing conflicts with recipients or applicants for services. The appeals process must incorporate options for an informal meeting, mediation, and a fair hearing, and the bill outlines specific requirements for these options. These include considerations for notice, timelines, procedural requirements, and the rights and duties of the involved parties.
The bill also directs the department, with stakeholder input, to create standardized appeals process information packets. One packet is designated for appeals under the California Early Intervention Services Act, while the other is for appeals under the Lanterman Developmental Disabilities Services Act. Additionally, the bill requires the hearing office, in collaboration with the department, to establish and maintain an advisory committee composed of various stakeholders, including recipients and family members. This committee would meet at least semiannually to provide nonbinding recommendations for enhancing fair hearing and mediation operations. The current legislation bars the department from admitting individuals to a developmental center unless they meet specific criteria. Commitment to the Canyon Springs Community Facility is permitted until June 30, 2022, under existing law, and admission to certain facilities, including the Canyon Springs Community Facility and the Porterville Developmental Center, is restricted beyond a specified date. The law mandates quarterly updates to legislative staff, as outlined.
This proposed bill aims to prolong the permissible admission date to the Canyon Springs facility until June 30, 2023. Additionally, it extends the date after which a commitment to both the Canyon Springs and Porterville facilities would be mandated to conclude. The bill stipulates that individuals admitted to the Canyon Springs Community Facility would be subject to enhanced monitoring as specified. Moreover, for those admitted to the Canyon Springs facility, the quarterly update must encompass all alternative placement options assessed before admission. The current law, known as the Aid to Families with Dependent Children-Foster Care (AFDC-FC) program, mandates foster care providers to receive a monthly rate per child, established by the State Department of Social Services, for the care and supervision of children placed with them. Additionally, the law establishes the Approved Relative Caregiver Funding Program (ARC) in counties that opt to participate.
This program aims to ensure that the amount paid to relative caregivers for the in-home care of children placed with them, ineligible for AFDC-FC payments, equals the amount disbursed on behalf of children eligible for AFDC-FC payments. The state-funded Kinship Guardianship Assistance Payment Program (Kin-GAP) is also established by existing law, providing aid for eligible children placed in the home of a relative guardian. Specified rates apply to children who are both regional center consumers and recipients of AFDC-FC, ARC, or Kin-GAP benefits. The State Department of Social Services and the State Department of Developmental Services are required by existing law to provide specific data related to these services to the Joint Legislative Budget Committee semiannually. This proposed bill, in contrast, mandates the provision of data on an annual rather than semiannual basis. Furthermore, it compels the State Department of Social Services and the State Department of Developmental Services to enhance public transparency regarding the implementation of provisions related to services for children who are both regional center consumers and recipients of AFDC-FC, ARC, or Kin-GAP benefits.
This transparency is to be achieved through the annual publication of this data on their respective official websites. It's important to note that the California Constitution necessitates the state to reimburse local agencies and school districts for specific costs mandated by the state, and established statutory provisions outline procedures for such reimbursement. This bill stipulates that, for specific mandates, no reimbursement is necessary as outlined for a designated reason. For other mandates, if the Commission on State Mandates determines that the bill imposes state-mandated costs, reimbursement for these costs will be executed according to the mentioned statutory provisions. The bill asserts its immediate effect as legislation appropriating funds linked to the Budget Bill. Additionally, it declares the legislative intent to enact statutory modifications related to the Budget Act of 2021.