citation: WIC § 4540

text:
The state council, established pursuant to the federal Developmental Disabilities Assistance and Bill of Rights Act of 2000 (Public Law 106-402 (42 U.S.C. Sec. 15001 et seq.)), shall do all of the following:

(a) Serve as an advocate for individuals with developmental disabilities and, through council members, staff, consultants, and contractors and grantees, conduct advocacy, capacity building, and systemic change activities.

(b) Develop and implement the state plan in accordance with requirements issued by the United States Secretary of Health and Human Services, monitor and evaluate the implementation of this plan, and submit reports as the United States Secretary of Health and Human Services may reasonably request. The state council may review and comment on other plans and programs in the state affecting individuals with developmental disabilities.

(c) Serve as the official agency responsible for planning the provision of the federal funds allotted to the state under Public Law 106-402 (42 U.S.C. Sec. 15001 et seq.), by conducting and supporting advocacy, capacity building, and systemic change activities. The council may itself conduct these activities and may provide grant funding to local agencies in compliance with applicable state and federal law, for those same purposes.

(d) Prepare and approve a budget, for the use of amounts paid to the state to hire any staff and to obtain the services of any professional, technical, or clerical personnel consistent with state and federal law, as the council determines to be necessary to carry out its functions.

(e) To the extent that resources are available, implement the state plan by conducting activities including, but not limited to, all of the activities specified in paragraphs (1) to (11), inclusive.

(1) Encouraging and assisting in the establishment or strengthening of self-advocacy organizations led by individuals with developmental disabilities.

(2) Supporting and conducting geographically based outreach activities to identify individuals with developmental disabilities and their families who otherwise might not come to the attention of the council and assist and enable the individuals and families to obtain services, individualized supports, and other forms of assistance, including access to special adaptation of generic community services or specialized services.

(3) Supporting and conducting training for persons who are individuals with developmental disabilities, their families, and personnel, including professionals, paraprofessionals, students, volunteers, and other community members, to enable those persons to obtain access to, or to provide, community services, individualized supports, and other forms of assistance, including special adaptation of generic community services or specialized services for individuals with developmental disabilities and their families.

(4) Supporting and conducting technical assistance activities to assist public and private entities to contribute to the objectives of the state plan.

(5) Supporting and conducting activities to assist neighborhoods and communities to respond positively to individuals with developmental disabilities and their families.

(6) Supporting and conducting activities to promote interagency collaboration and coordination at the state and local levels to better serve, support, assist, or advocate for individuals with developmental disabilities and their families.

(7) Coordinating with related councils, committees, and programs to enhance coordination of services.

(8) Supporting and conducting activities to eliminate barriers to access and use of community services by individuals with disabilities, enhance systems design and redesign, and enhance citizen participation to address issues identified in the state plan.

(9) Supporting and conducting activities to educate the public about the capabilities, preferences, and needs of individuals with developmental disabilities and their families, and to develop and support coalitions that support the policy agenda of the council, including training in self-advocacy, education of policymakers, and citizen leadership roles.

(10) Supporting and conducting activities to provide information to policymakers by supporting and conducting studies and analyses, gathering information, and developing and disseminating model policies and procedures, information, approaches, strategies, findings, conclusions, and recommendations. The council may provide the information directly to federal, state, and local policymakers, including the Congress of the United States, the federal executive branch, the Governor, the Legislature, and state agencies in order to increase the abilities of those policymakers to offer opportunities and enhance or adapt generic services to meet the needs of, or provide specialized services to, individuals with developmental disabilities and their families.

(11) Supporting, on a time-limited basis, activities to demonstrate new approaches to serving individuals with developmental disabilities that are a part of an overall strategy for systemic change.

(f) Prepare an annual written report of its activities, its recommendations, and an evaluation of the efficiency of the administration of this division to the Governor and the Legislature. This report shall include both the statewide and regional activities of the state council. This report shall be submitted to the Legislature in accordance with Section 9795 of the Government Code.

(g) Except as otherwise provided in this division, the state council shall not engage in the administration of the day-to-day operation of service programs identified in the state plan, nor in the financial management and accounting of funds.

history: (History: Amended by Stats. 2015, Ch. 303, Sec. 578. (AB 731) Effective January 1, 2016.)

article: 5. State Council Functions

path: 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED > 2. State Council On Developmental Disabilities > 5. State Council Functions


kind: section

code: WIC

citation: WIC § 4541

text:
The state council may, in its discretion, and in addition to the activities specified in subdivision (e) of Section 4540, implement the state plan by conducting activities that may include, but are not limited to, the following:

(a) Appointing an authorized representative for persons with developmental disabilities according to all of the following:

(1) To ensure the protection of civil and service rights of persons with developmental disabilities, the state council may appoint a representative to assist the person in expressing his or her desires and in making decisions and advocating his or her needs, preferences, and choices, when the person with developmental disabilities has no parent, guardian, or conservator legally authorized to represent him or her and the person has either requested the appointment of a representative or the rights or interests of the person, as determined by the state council, will not be properly protected or advocated without the appointment of a representative.

(2) When there is no guardian or conservator, the individual’s choice, if expressed, including the right to reject the assistance of a representative, shall be honored. If the person does not express a preference, the order of preference for selection of the representative shall be the person’s parent, involved family members, or a volunteer selected by the state council. In establishing these preferences, it is the intent of the Legislature that parents or involved family members shall not be required to be appointed guardian or conservator in order to be selected. Unless the person with developmental disabilities expresses otherwise, or good cause otherwise exists, the request of the parents or involved family members to be appointed the representative shall be honored.

(3) Pursuant to this section, the state council shall appoint a representative to advocate the rights and protect the interest of a person residing in a developmental center for whom community placement is proposed pursuant to Section 4803. The representative may obtain the advocacy assistance of the regional center clients’ rights advocate.

(b) Conducting public hearings and forums and the evaluation and issuance of public reports on the programs identified in the state plan, as may be necessary to carry out the duties of the state council.

(c) Identifying the denial of rights of persons with disabilities and informing the appropriate local, state, or federal officials of their findings, and assisting these officials in eliminating all forms of discrimination against persons with developmental disabilities in housing, recreation, education, health and mental health care, employment, and other service programs available to the general population.

(d) Reviewing and commenting on pertinent portions of the proposed plans and budgets of all state agencies serving persons with developmental disabilities including, but not limited to, the State Department of Education, the Department of Rehabilitation, and the State Department of Developmental Services, and local agencies to the extent resources allow.

(e) (1) Promoting systems change and implementation by reviewing the policies and practices of publicly funded agencies that serve or may serve persons with developmental disabilities to determine if the programs are meeting their obligations, under local, state, and federal laws. If the state council finds that the agency is not meeting its obligations, the state council may inform the director and the governing board of the noncomplying agency, in writing, of its findings.

(2) Within 15 days, the agency shall respond, in writing, to the state council’s findings. Following receipt of the agency’s response, if the state council continues to find that the agency is not meeting its obligations, the state council may pursue informal efforts to resolve the issue.

(3) If, within 30 days of implementing informal efforts to resolve the issue, the state council continues to find that the agency is not meeting its obligations under local, state, or federal statutes, the state council may conduct a public hearing to receive testimony on its findings.

(4) The state council may take any action it deems necessary to resolve the problem.

(f) Reviewing and publicly commenting on significant regulations proposed to be promulgated by any state agency in the implementation of this division.

(g) Monitoring and evaluating the effectiveness of appeals procedures established in this division.

(h) Providing testimony to legislative committees reviewing fiscal or policy matters pertaining to persons with developmental disabilities.

(i) Conducting, or causing to be conducted, investigations or public hearings to resolve disagreements between state agencies, or between state and regional or local agencies, or between persons with developmental disabilities and agencies receiving state funds. These investigations or public hearings shall be conducted at the discretion of the state council only after all other appropriate administrative procedures for appeal, as established in state and federal law, have been fully utilized.

(j) Any other activities prescribed in statute that are consistent with the purposes of the federal Developmental Disabilities Assistance and Bill of Rights Act of 2000 (Public Law 106-402 (42 U.S.C. Sec. 15001 et seq.)) and the state plan developed pursuant to subdivision (b) of Section 4540.

history: (History: Amended by Stats. 2015, Ch. 303, Sec. 579. (AB 731) Effective January 1, 2016.)

division: 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED

chapter: 2. State Council On Developmental Disabilities

article: 5. State Council Functions


citation: WIC § 4544

text:
(a) (1) The state council may establish regional offices that are accessible to and responsive to the diverse geographic, ethnic, and language needs of consumers and families throughout the state. As of January 1, 2015, regional offices of the state council in existence as of December 31, 2014, shall continue to exist, within the same geographic regions of the state.

(2) Effective January 1, 2015, the state council shall have full authority to establish, maintain, and operate regional offices, including the number and location of those offices.

(b) To ensure involvement of persons with developmental disabilities, their families, and other members of the public at the regional level and to ensure the responsiveness of the state council to the geographic, ethnic, and language diversity of the state, any regional office established by the state council may be advised by a regional advisory committee. As of January 1, 2015, advisory boards of the regional offices, known as area boards on developmental disabilities, in existence on December 31, 2014, shall thereafter be known as state council regional advisory committees.

(c) All references to “regional office” in this chapter shall be a reference to state council regional offices. All references to “regional advisory committees” in this chapter shall be a reference to state council regional advisory committees.

(d) Any state council regional offices and advisory committees established by the state council shall be constituted and shall operate according to policies and procedures that may be established by the council.

history: (History: Amended by Stats. 2014, Ch. 409, Sec. 16. (AB 1595) Effective January 1, 2015.)

path: 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED > 2. State Council On Developmental Disabilities > 6. State Council Regional Offices and Advisory Committees


citation: WIC § 4545

text: The state council may periodically review the number and geographic boundaries of regional offices needed to effectively implement this division, by methods including, but not limited to, conducting public hearings in affected regions and seeking input from regional advisory committees, persons with developmental disabilities, family members, service providers, advocates, and other interested parties. Public notice shall be provided at least 120 days before any changes in the number of or boundaries of regional offices.

history: (History: Repealed and added by Stats. 2014, Ch. 409, Sec. 18. (AB 1595) Effective January 1, 2015.)

article: 6. State Council Regional Offices and Advisory Committees


citation: WIC § 4546

text: The membership of any regional advisory committees established or continued by the state council prior to January 1, 2015, shall, upon expiration of the terms of individuals who are members of those committees on January 1, 2015, be determined through policies and procedures established by the council.

history: (History: Repealed and added by Stats. 2014, Ch. 409, Sec. 20. (AB 1595) Effective January 1, 2015.)


citation: WIC § 4548

text:
Any regional advisory committee established shall, at the request of the state council, do all of the following:

(a) Advise the state council and its regional office on local issues and identify and provide input regarding local systemic needs within its community.

(b) Provide input and be a source of data for the state council to consider in the formulation of the state plan.

(c) Provide public information programs for consumers, families, professional groups, and for the general public to increase professional and public awareness of areas identified in the state plan.

(d) Engage in other activities as requested by the state council.

history: (History: Repealed and added by Stats. 2014, Ch. 409, Sec. 23. (AB 1595) Effective January 1, 2015.)


citation: WIC § 4550

text: The state council’s operating costs may include honoraria for state council members and actual and necessary expenses for state council members and regional advisory committee members, as described in this article, and other administrative, professional, and secretarial support services necessary to the operation of the state council. Federal developmental disability funds received by the state under Public Law 106-402 (42 U.S.C. Sec. 15001 et seq.), shall be allotted in any one year for these operating costs. Each member of the state council shall receive one hundred dollars ($100) per day for each full day of work performed directly related to council business, not to exceed 50 days in any fiscal year, and shall be reimbursed for any actual and necessary expenses incurred in connection with the performance of their duties under this division.

history: (History: Amended by Stats. 2014, Ch. 409, Sec. 25. (AB 1595) Effective January 1, 2015.)

path: 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED > 2. State Council On Developmental Disabilities > 7. State Council Costs and Support Services


citation: WIC § 4551

text:
(a) Within the limit of funds allotted for these purposes, the state council shall appoint an executive director. All state council employees that the state council may require shall be appointed by the executive director.

(b) The executive director of the state council shall be exempt from civil service. All state council staff positions exempt from civil service on December 31, 2014, shall remain exempt on January 1, 2015, and thereafter, until the position becomes vacant or is transitioned to a civil service position.

(c) Each person who is a member of the state council staff, is exempt from civil service, and is employed by the state council on December 31, 2014, shall continue to be employed in a job classification at the same or higher salary by the state council on January 1, 2015, and thereafter, unless he or she resigns or is terminated from employment.

(d) The state council may transition staff positions that were exempt from civil service on December 31, 2014, to civil service positions. Civil service positions shall be established for any positions that are transitioned pursuant to this subdivision.

(e) Notwithstanding any other law, a person who was a state council employee exempt from civil service on December 31, 2014, shall be eligible to apply for civil service examinations, including promotional civil service examinations described in Section 18992 of the Government Code. A person receiving a passing score shall have his or her name placed on lists resulting from these examinations, or otherwise gain eligibility for appointment. In evaluating minimum qualifications, experience in state council exempt positions shall be considered state civil service experience in a class deemed comparable by the State Personnel Board, based on the duties and responsibilities assigned.

history: (History: Repealed and added by Stats. 2014, Ch. 409, Sec. 27. (AB 1595) Effective January 1, 2015.)

article: 7. State Council Costs and Support Services


citation: WIC § 4552

text: The state council may contract for additional assistance with any public or private agency or individual to carry out planning, monitoring, evaluation, and other responsibilities under this division. In order to comply with Public Law 106-402 (42 U.S.C. Sec. 15001 et seq.) regulations, all personnel employed by the state council shall be solely responsible, organizationally and administratively, to the state council. The state council, through its executive director, shall have responsibility for the selection, hiring, and supervision of all its personnel.

history: (History: Amended by Stats. 2014, Ch. 409, Sec. 28. (AB 1595) Effective January 1, 2015.)


text: The state council may request information, records, and documents from any other agency of state government, except for confidential patient records. These agencies shall comply with the reasonable requests of the state council.

history: (History: Added by Stats. 2002, Ch. 676, Sec. 20. Effective January 1, 2003.)


citation: WIC § 4553

text: To the extent provided in Public Law 106-402 (42 U.S.C. Sec. 15001 et seq.), the state council shall have full authority on how it uses its funds for implementation of the state plan, including establishing, maintaining, and operating any regional offices.

history: (History: Repealed and added by Stats. 2014, Ch. 409, Sec. 30. (AB 1595) Effective January 1, 2015.)


citation: WIC § 4555

text: Notwithstanding any other provision of law, any contract entered into between the State of California and the state council may provide for periodic advanced payments for services to be performed under the contract. No advanced payment made pursuant to this section shall exceed 25 percent of the total annual contract amount.

history: (History: Added by Stats. 2002, Ch. 676, Sec. 24. Effective January 1, 2003.)


citation: WIC § 4561

text:
(a) A state plan shall be prepared by the state council not less often than once every five years, and shall be reviewed and revised, as necessary, on an annual basis. All references in this part to “state plan” shall be references to the state plan described by Public Law 106-402 (42 U.S.C. Sec. 15001 et seq.).

(b) The state plan shall include, but not be limited to, all state plan requirements contained in subtitles A and B of Title I of Public Law 106-402 (42 U.S.C. Sec. 15001 et seq.), or requirements established by the United States Secretary of Health and Human Services.

history: (History: Amended by Stats. 2014, Ch. 409, Sec. 32. (AB 1595) Effective January 1, 2015.)

path: 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED > 3. California Developmental Disabilities State Plan


citation: WIC § 4562

text:
(a) The state council shall conduct activities necessary to develop and implement the state plan in the various regions of the state.

(b) The state plan and its implementation shall be responsive to the needs of the state’s diverse geographic, racial, ethnic, and language communities.

(c) In preparing this plan, the council may utilize information provided by any regional offices and regional advisory committees of the state council, statewide and local entities, individuals with developmental disabilities, family members, and other interested parties, to help identify and prioritize actions needed to improve California’s system of services and supports for persons with developmental disabilities.

(d) The purpose of the plan shall be to ensure a coordinated and comprehensive system of community services and supports that is consumer and family centered and consumer and family directed, and to enable individuals with developmental disabilities to exercise self-determination, independence, productivity, and to be integrated and included in all facets of community life.

history: (History: Amended by Stats. 2014, Ch. 409, Sec. 33. (AB 1595) Effective January 1, 2015.)

chapter: 3. California Developmental Disabilities State Plan


citation: WIC § 4563

text: The state council shall assess the extent to which services, supports, and other forms of assistance are available to individuals with developmental disabilities and their families throughout the state and for the diverse populations of the state. The state council shall develop goals and objectives, based on the identified needs and priorities, to be included in the state plan.

history: (History: Repealed and added by Stats. 2014, Ch. 409, Sec. 35. (AB 1595) Effective January 1, 2015.)


citation: WIC § 4564

text: The state council shall conduct public hearings on the state plan and related budgetary issues prior to submission of the plan pursuant to Section 4565.

history: (History: Amended by Stats. 2014, Ch. 409, Sec. 36. (AB 1595) Effective January 1, 2015.)


citation: WIC § 4565

text:
(a) The state plan shall be given to the Governor, the Secretary of the California Health and Human Services Agency, the University Centers for Excellence in Developmental Disabilities established pursuant to the federal Developmental Disabilities Assistance and Bill of Rights Act of 2000, the protection and advocacy agency designated by the Governor to fulfill the requirements and assurances of the federal Developmental Disabilities Assistance and Bill of Rights Act of 2000, and the Superintendent of Public Instruction for review and comment prior to its submission by the chairperson of the state council to the United States Secretary of Health and Human Services.

(b) Copies of the state plan shall be provided, no later than November 1 of each year, to the Director of Finance and to the Legislature for guidance in the development of the Governor’s Budget and legislative review of the budget, and for guidance in other legislation pertaining to programs for persons with developmental disabilities.

history: (History: Amended by Stats. 2014, Ch. 409, Sec. 37. (AB 1595) Effective January 1, 2015.)


citation: WIC § 4567

text: All state agencies shall cooperate with the reasonable requests of the state council by providing information to the state council in the preparation of the state plan. Any expenditures incurred by state agencies in providing this assistance to the state council shall be identified in the state plan and in the state agency’s annual budget. These expenditures may be funded in whole or in part by state funds appropriated as the required state share of the developmental disabilities program, or by federal funds from Public Law 106-402, as amended (42 U.S.C. Sec. 15001 et seq.), or both, when the state council allots funds for these purposes in the state plan.

history: (History: Amended by Stats. 2002, Ch. 676, Sec. 32. Effective January 1, 2003.)


citation: WIC § 4568

text: In no event shall the state council allot federal funds from Public Law 106-402, as amended (42 U.S.C. Sec. 15001 et seq.), to state agencies to replace state funds currently allocated to those agencies for the purpose of planning programs for persons with developmental disabilities.

history: (History: Amended by Stats. 2002, Ch. 676, Sec. 33. Effective January 1, 2003.)


citation: WIC § 4571

text:
(a) It is the intent of the Legislature to ensure the well-being of consumers, taking into account their informed and expressed choices. It is further the intent of the Legislature to support the satisfaction and success of consumers through the delivery of quality services and supports. Evaluation of the services that consumers receive is a key aspect to the service system. Utilizing the information that consumers and their families provide about those services in a reliable and meaningful way is also critical to enable the department to assess the performance of the state’s developmental services system and to improve services for consumers in the future. To that end, the State Department of Developmental Services, on or before January 1, 2010, shall implement an improved, unified quality assessment system, in accordance with this section.

(b) The department, in consultation with stakeholders, shall identify a valid and reliable quality assurance instrument that assesses consumer and family satisfaction, provision of services in a linguistically and culturally competent manner, and personal outcomes. The instrument shall do all of the following:

(1) Provide nationally validated, benchmarked, consistent, reliable, and measurable data for the department’s Quality Management System.

(2) Enable the department and regional centers to compare the performance of California’s developmental services system against other states’ developmental services systems and to assess quality and performance among all of the regional centers.

(3) Include outcome-based measures such as health, safety, well-being, relationships, interactions with people who do not have a disability, employment, quality of life, integration, choice, service, and consumer satisfaction.

(4) Include outcome-based measures to evaluate the linguistic and cultural competency of regional center services that are provided to consumers across their lifetimes.

(c) To the extent that funding is available, the instrument identified in subdivision (b) may be expanded to collect additional data requested by the State Council on Developmental Disabilities.

(d) (1) The department shall contract with an independent agency or organization to implement, by January 1, 2010, the quality assurance instrument described in subdivision (b). The contractor shall be experienced in all of the following:

(A) Designing valid quality assurance instruments for developmental service systems.

(B) Tracking outcome-based measures such as health, safety, well-being, relationships, interactions with people who do not have a disability, employment, quality of life, integration, choice, service, and consumer satisfaction.

(C) Developing data systems.

(D) Data analysis and report preparation.

(E) Assessments of the services received by consumers who are moved from developmental centers to the community, given the Legislature’s historic recognition of a special obligation to ensure the well-being of these persons.

(F) Issues related to linguistic and cultural competency.

(2) Notwithstanding any other law, the contract and any amendments pursuant to this section shall be exempt from all of the following:

(A) The personal services contracting requirements of Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the Government Code.

(B) The Public Contract Code, the State Contracting Manual, and the State Administration Manual.

(C) The approval of the Department of General Services.

(D) The approval of the Department of Technology.

(3) The exemptions specified in paragraph (2) shall remain in effect until there is more than one available assessment that meets the criteria in subdivision (b) from an organization that also meets the criteria in this subdivision.

(e) The department, in consultation with the contractor described in subdivision (d), shall establish the methodology by which the quality assurance instrument shall be administered, including, but not limited to, how often and to whom the quality assurance will be administered, and the design of a stratified, random sample among the entire population of consumers served by regional centers. The contractor shall provide aggregate information for all regional centers and the state as a whole. At the request of a consumer or the family member of a consumer, the survey shall be conducted in the primary language of the consumer or family member surveyed.

(f) The department shall contract with the state council to collect data for the quality assurance instrument described in subdivision (b). If, during the data collection process, the state council identifies any suspected violation of the legal, civil, or service rights of a consumer, or if it determines that the health and welfare of a consumer is at risk, that information shall be provided immediately to the regional center providing case management services to the consumer. At the request of the consumer or family, when appropriate, a copy of the completed survey shall be provided to the regional center providing case management services to improve the consumer’s quality of services through the individual planning process.

(g) The department, in consultation with stakeholders, shall annually review the data collected from and the findings of the quality assurance instrument described in subdivision (b) and accept recommendations regarding additional or different criteria for the quality assurance instrument in order to assess the performance of the state’s developmental services system and improve services for consumers.

(h) (1) Each regional center shall annually present data collected from, and the findings of, the quality assurance instrument described in subdivision (b) for that regional center, at a public meeting of its governing board in order to assess the comparative performance of the regional center and identify needed improvements in services for consumers, including, but not limited to, case management services. Notice of this meeting shall also be posted on the regional center’s internet website at least 30 days prior to the meeting and shall be sent to regional center consumers and families and individual stakeholders at least 30 days prior to the meeting. The governing board shall provide a sufficient public comment period so members of the public may provide comments. Each regional center, in holding the meeting required by this subdivision, shall ensure that the meeting and meeting materials provide language access, as required by state and federal law.

(2) All regional center-specific reports generated by the department pursuant to this subdivision shall be made publicly available on the regional center’s internet website in a machine-readable format, but shall not contain any personal identifying information about any person assessed.

(3) Within 60 days following its annual presentation, each regional center shall submit a report to the department regarding its implementation of the requirements of this section. The report shall include, but shall not be limited to, both of the following:

(A) Copies of the presentation described in paragraph (1), minutes from the meeting, and attendee comments.

(B) The regional center’s recommendations and plans to use the information to address regional center priorities, strategic directions to improve specific areas of performance, or both.

(i) All reports generated pursuant to this section shall be made publicly available, but shall not contain any personal identifying information about any person assessed.

(j) All data collected pursuant to subdivision (c) shall be provided to the state council, but shall not contain personal identifying information about the persons being surveyed.

(k) Implementation of this section shall be subject to an annual appropriation of funds in the Budget Act for this purpose.

history: (History: Amended by Stats. 2022, Ch. 49, Sec. 17. (SB 188) Effective June 30, 2022.)

chapter: 4. Quality Assessments

path: 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED > 4. Quality Assessments


citation: WIC § 4572

text:
The State Department of Developmental Services shall develop and implement a plan to monitor, evaluate, and improve the quality of community-based services through the use of a performance dashboard. The department shall work with stakeholders, including, but not limited to, regional centers, consumer advocates, providers, and the Legislature, on the development of the dashboard. The dashboard shall be published annually and in a machine-readable format. Each regional center shall publish its own dashboard and shall post a link to the department’s dashboard on its internet website. The dashboard shall include, but not be limited to, all of the following metrics:

(a) Recognized quality and access measures.

(b) Measures to indicate the movement toward compliance with the federal Home and Community-Based Services Waiver rules (CMS 2249-F and CMS 2296-F).

(c) Measures to evaluate the changes in the number of consumers who work in competitive integrated employment.

(d) (1) Until February 1, 2027, the number of complaints referred to the department pursuant to subdivision (c) of Section 4731, for every 1,000 consumers served, by each regional center.

(2) Commencing February 1, 2027, the information described in subdivision (o) of Section 4891.

(e) The number of administrative fair hearings held pursuant to Article 3 (commencing with Section 4710) of Chapter 7, separated by eligibility and service issues, for individuals ages three and over, for every one thousand consumers served, by each regional center.

history: (History: Amended by Stats. 2026, Ch. 80, Sec. 24. (SB 163) Effective July 13, 2026.)


citation: WIC § 4580

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

(1) More than 460,000 Californians who have intellectual and developmental disabilities are currently served at the State Department of Developmental Services’ 21 regional centers. Since 2019, the number of Californians served by the state’s developmental services system has grown by 31 percent, with significant growth among young people of color under 22 years of age who have an autism diagnosis.

(2) The experiences and outcomes of Californians served by the state’s developmental services system impact not only people with disabilities, but also their families and local communities.

(3) California is the only state in the nation that provides developmental services and supports as an entitlement, with an intentional focus on home- and community-based services.

(4) Over the last decade, California and the federal government have prioritized the inclusion of people with intellectual and developmental disabilities in their communities, while avoiding institutional settings.

(5) Individuals receiving services through California’s developmental services system are often deeply connected to other health and social systems. Across the state, people with intellectual and developmental disabilities and their families rely on services provided through multiple state and local entities, including, but not limited to, the State Department of Developmental Services, the State Department of Health Care Services, the California Department of Aging, the State Department of Social Services, the Department of Rehabilitation, and the State Department of Education.

(6) Multiple entities have issued reports identifying opportunities for improving consumer experiences and the provision of developmental services, including the California State Auditor’s Office in 2021 and the Little Hoover Commission in 2023.

(7) These reports and other research studies have identified the following:

(A) There are wide racial, ethnic, and geographic disparities in the access to services provided in the developmental services system, as measured by purchase of service spending.

(B) Consumer experiences vary significantly across the 21 regional centers, reflecting variation in policies and processes across the regional centers.

(C) There are challenges faced by individuals and families navigating programs or systems that provide “generic” services and that are required to be accessed by consumers before receiving funded services through a regional center.

(D) For several years, staffing models have led to many regional centers assigning more consumers to each service coordinator than authorized by statutory staffing requirements, which has limited the abilities of service coordinators to assist individuals and families in accessing services.

(8) The Secretary of California Health and Human Services appointed members of the Master Plan for Developmental Services Committee for a one-year term, with the intent that they collectively deliver a master plan by March of 2025.

(9) In 2024, the California Health and Human Services Agency will engage in outreach activities such as roundtable discussions and focus groups in communities across the state to learn about the lived experiences of individuals with intellectual and developmental disabilities, their families, and system partners.

(b) It is the intent of the Legislature in enacting this chapter that a Master Plan for Developmental Services is developed that strengthens accessibility, quality, and equity of the developmental services system for all system consumers and their families, regardless of their language spoken, demographic group, geographic region, or socioeconomic status, and improves the accountability and transparency of the systems supporting them.

history: (History: Added by Stats. 2024, Ch. 47, Sec. 5. (AB 162) Effective July 2, 2024.)

path: 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED > 4.1. Master Plan for Developmental Services in California


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

(1) Pursuant to Chapter 47 of the Statutes of 2024 (Assembly Bill No. 162), the Legislature established its intent that the Master Plan for Developmental Services be developed with the intent to strengthen accessibility, quality, and equity for all consumers of the developmental services system and their families, no matter their demographic groups, geographic region, or socioeconomic status.

(2) In 2024, the California Health and Human Services Agency appointed members of the Master Plan for Developmental Services Committee and held roundtable discussions in communities across the state to learn about the lived experiences of individuals with intellectual and developmental disabilities, their families, and system partners.

(3) The California Health and Human Services Agency published the Master Plan for Developmental Services on March 28, 2025. As stated by the California Health and Human Services Agency, the Master Plan for Developmental Services is a community-driven vision with recommendations intended to improve the ways that California supports people with intellectual and developmental disabilities and their families into the future. These recommendations will inform California’s ongoing work to provide better developmental services and supports, improve coordination across systems, and increase the attainment of desired life outcomes among individuals with intellectual and developmental disabilities.

(4) The Master Plan for Developmental Services states that the community’s recommendations will inform several State Department of Developmental Services workgroups, including, but not limited to, the Lived Experience Advisory Group, an expanded and renamed group formerly known as the Consumer Advisory Committee, the Quality Incentive Program workgroup, the Regional Center Performance Measures workgroup, and the Quality Assurance Advisory Group.

(b) It is the intent of the Legislature that the California Health and Human Services Agency, in consultation with relevant departments and agencies across state government, provide the Legislature with information on next steps and a structure for implementation of Master Plan for Developmental Services recommendations with ongoing updates on implementation progress.

history: (History: Added by Stats. 2025, Ch. 12, Sec. 3. (AB 143) Effective June 27, 2025.)

chapter: 4.1. Master Plan for Developmental Services in California


citation: WIC § 4581

text:
(a) The Secretary of California Health and Human Services, in coordination with the State Department of Developmental Services, shall lead the development and implementation of the Master Plan for Developmental Services referenced in Governor Gavin Newsom’s January 2024 Budget proposal and in the subsequent proclamation by the Governor that declared March 2024 as Developmental Disabilities Awareness Month.

(b) Other state entities that interact with the State Department of Developmental Services shall be included in discussions with the Master Plan for Developmental Services Committee, as applicable. These entities shall include, but not be limited to, the State Department of Health Care Services, the State Department of Social Services, the Department of Rehabilitation, the California Department of Aging, the State Department of Education, and the agencies listed in subdivision (g).

(c) The Secretary of California Health and Human Services shall solicit input through the committee, or through other means, from individuals with intellectual and developmental disabilities and their families, professionals in the developmental services field, and a broad range of subject matter experts on topics that may include, but are not limited to, regional center board accountability and transparency and the evaluation of regional centers, including performance, equity, and diversity.

(d) When the California Health and Human Services Agency convenes meetings of the master plan committee, the information and materials about the work of the master plan committee shall be posted on the California Health and Human Services Agency’s internet website in a timely manner.

(e) By March 15, 2025, the Secretary of California Health and Human Services shall submit an initial report to the Governor and the Legislature that summarizes the recommended components of the master plan resulting from the master plan committee advisory process, the community roundtable discussions, and the public comment received.

(f) The Master Plan for Developmental Services Committee shall meet at least two times each year, commencing in 2025 and ending on March 15, 2036, or when the final master plan implementation update is submitted, whichever date is later.

(g) The secretary and the director shall work with other state agencies and departments, as necessary, to identify policies, efficiencies, and strategies necessary to implement the master plan, which may include any of the following:

(1) The California Health and Human Services Agency.

(2) The Government Operations Agency.

(3) The State Department of Education.

(4) The Labor and Workforce Development Agency.

(5) The Transportation Agency.

(6) The Business, Consumer Services, and Housing Agency.

(7) The Behavioral Health Services Oversight and Accountability Commission.

(8) The office of the Treasurer.

(h) The workgroup shall solicit input from stakeholders and gather information on the experiences of Californians with intellectual and developmental disabilities and their families in the implementation process of the master plan.

(i) (1) By March 15, 2026, the California Health and Human Services Agency and the department shall provide an initial report on implementation of any master plan recommendations to the Governor and the Legislature that includes all of the following information:

(A) The administration’s high-level priorities for the developmental services system through the 2027–28 fiscal year in light of the broad themes identified in the master plan’s recommendations.

(B) A listing of the specific master plan recommendations that the administration considers to be feasible and likely to advance as near-term priorities. For each recommendation, all of the following shall be noted:

(i) Whether the recommendation may require an appropriation of additional funding.

(ii) Whether statutory changes may be required.

(iii) The extent to which the recommendation relates to existing efforts already underway.

(C) The existing or newly created workgroups to which each of the master plan’s recommendations is related. It is the intent of the Legislature to provide information for individuals served, their families, stakeholders, and the general public to more clearly track progress on implementing recommendations.

(D) Budget change proposals in the Governor’s Budget for the 2026–27 fiscal year that tie to master plan recommendations.

(2) (A) Following the initial report to be submitted by March 15, 2026, the California Health and Human Services Agency and the department shall submit master plan recommendation updates to the Governor and the Legislature annually beginning March 15, 2027, through March 15, 2036, inclusive. The updates shall include, but are not limited to, identification of any statutory changes as well as additional funding requirements considered necessary to effectively implement recommendations from the plan and identification of recommendations that have been implemented.

(B) The updates shall also include a narrative summary of the Master Plan for Developmental Services Committee meetings that will occur at least two times per year pursuant to subdivision (f), including themes identified in public comment provided at these meetings. As part of these summaries, Master Plan for Developmental Services Committee members shall have the option to submit written commentary on the degree to which progress is made on the master plan’s recommendations, as well as any suggestions for ongoing implementation of master plan recommendations.

(j) For any State Department of Developmental Services budget change proposal submitted through 2035, the department shall include a narrative description of how the proposal addresses any recommendations included in the Master Plan for Developmental Services, if applicable.

(k) Any funding needed to support program enhancements proposed in the master plan is subject to an appropriation by the Legislature for those purposes.

(l) A report to be submitted pursuant to this section shall be submitted in compliance with Section 9795 of the Government Code.

(m) This section shall become inoperative on July 1, 2026, and, as of January 1, 2026, is repealed.

history: (History: Amended by Stats. 2026, Ch. 28, Sec. 103. (SB 170) Effective June 29, 2026. Inoperative July 1, 2026, by its own provisions. Repealed as of January 1, 2027, by its own provisions. See later operative version added by Sec. 104 of Stats. 2026, Ch. 28.)


text:
(a) The Secretary of California Health and Human Services, in coordination with the State Department of Developmental Services, shall lead the development and implementation of the Master Plan for Developmental Services referenced in Governor Gavin Newsom’s January 2024 Budget proposal and in the subsequent proclamation by the Governor that declared March 2024 as Developmental Disabilities Awareness Month.

(b) Other state entities that interact with the State Department of Developmental Services shall be included in discussions with the Master Plan for Developmental Services Committee, as applicable. These entities shall include, but not be limited to, the State Department of Health Care Services, the State Department of Social Services, the Department of Rehabilitation, the California Department of Aging, the State Department of Education, and the agencies listed in subdivision (g).

(c) The Secretary of California Health and Human Services shall solicit input through the committee, or through other means, from individuals with intellectual and developmental disabilities and their families, professionals in the developmental services field, and a broad range of subject matter experts on topics that may include, but are not limited to, regional center board accountability and transparency and the evaluation of regional centers, including performance, equity, and diversity.

(d) When the California Health and Human Services Agency convenes meetings of the master plan committee, the information and materials about the work of the master plan committee shall be posted on the California Health and Human Services Agency’s internet website in a timely manner.

(e) By March 15, 2025, the Secretary of California Health and Human Services shall submit an initial report to the Governor and the Legislature that summarizes the recommended components of the master plan resulting from the master plan committee advisory process, the community roundtable discussions, and the public comment received.

(f) The Master Plan for Developmental Services Committee shall meet at least two times each year, commencing in 2025 and ending on March 15, 2036, or when the final master plan implementation update is submitted, whichever date is later.

(g) The secretary and the director shall work with other state agencies and departments, as necessary, to identify policies, efficiencies, and strategies necessary to implement the master plan, which may include any of the following:

(1) The California Health and Human Services Agency.

(2) The Government Operations Agency.

(3) The State Department of Education.

(4) The Labor and Workforce Development Agency.

(5) The Transportation Agency.

(6) The California Housing and Homelessness Agency.

(7) The Behavioral Health Services Oversight and Accountability Commission.

(8) The office of the Treasurer.

(h) The workgroup shall solicit input from stakeholders and gather information on the experiences of Californians with intellectual and developmental disabilities and their families in the implementation process of the master plan.

(i) (1) By March 15, 2026, the California Health and Human Services Agency and the department shall provide an initial report on implementation of any master plan recommendations to the Governor and the Legislature that includes all of the following information:

(A) The administration’s high-level priorities for the developmental services system through the 2027–28 fiscal year in light of the broad themes identified in the master plan’s recommendations.

(B) A listing of the specific master plan recommendations that the administration considers to be feasible and likely to advance as near-term priorities. For each recommendation, all of the following shall be noted:

(i) Whether the recommendation may require an appropriation of additional funding.

(ii) Whether statutory changes may be required.

(iii) The extent to which the recommendation relates to existing efforts already underway.

(C) The existing or newly created workgroups to which each of the master plan’s recommendations is related. It is the intent of the Legislature to provide information for individuals served, their families, stakeholders, and the general public to more clearly track progress on implementing recommendations.

(D) Budget change proposals in the Governor’s Budget for the 2026–27 fiscal year that tie to master plan recommendations.

(2) (A) Following the initial report to be submitted by March 15, 2026, the California Health and Human Services Agency and the department shall submit master plan recommendation updates to the Governor and the Legislature annually beginning March 15, 2027, through March 15, 2036, inclusive. The updates shall include, but are not limited to, identification of any statutory changes as well as additional funding requirements considered necessary to effectively implement recommendations from the plan and identification of recommendations that have been implemented.

(B) The updates shall also include a narrative summary of the Master Plan for Developmental Services Committee meetings that will occur at least two times per year pursuant to subdivision (f), including themes identified in public comment provided at these meetings. As part of these summaries, Master Plan for Developmental Services Committee members shall have the option to submit written commentary on the degree to which progress is made on the master plan’s recommendations, as well as any suggestions for ongoing implementation of master plan recommendations.

(j) For any State Department of Developmental Services budget change proposal submitted through 2035, the department shall include a narrative description of how the proposal addresses any recommendations included in the Master Plan for Developmental Services, if applicable.

(k) Any funding needed to support program enhancements proposed in the master plan is subject to an appropriation by the Legislature for those purposes.

(l) A report to be submitted pursuant to this section shall be submitted in compliance with Section 9795 of the Government Code.

history: (History: Repealed (in Sec. 103) and added by Stats. 2026, Ch. 28, Sec. 104. (SB 170) Effective June 29, 2026.)


citation: WIC § 4620

text:
(a) In order for the state to carry out many of its responsibilities as established in this division, the state shall contract with appropriate agencies to provide fixed points of contact in the community for persons with developmental disabilities and their families, to the end that these persons may have access to the services and supports best suited to them throughout their lifetime. It is the intent of the Legislature in enacting this division that the network of regional centers for persons with developmental disabilities and their families be accessible to every family in need of regional center services. It is the further intent of the Legislature that the design and activities of regional centers reflect a strong commitment to the delivery of direct service coordination and that all other operational expenditures of regional centers are necessary to support and enhance the delivery of direct service coordination and services and supports identified in individual program plans.

(b) The Legislature finds that the service provided to individuals and their families by regional centers is of such a special and unique nature that it cannot be satisfactorily provided by state agencies. Therefore, private nonprofit community agencies shall be utilized by the state for the purpose of operating regional centers.

history: (History: Amended by Stats. 1992, Ch. 1011, Sec. 5. Effective January 1, 1993.)

article: 1. Regional Center Contracts

path: 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED > 5. Regional Centers for Persons With Developmental Disabilities > 1. Regional Center Contracts


text: The Legislature recognizes the ongoing contributions many parents and family members make to the support and well-being of their children and relatives with developmental disabilities. It is the intent of the Legislature that the important nature of these relationships be respected and fostered by regional centers and providers of direct services and supports.

history: (History: Added by Stats. 1992, Ch. 1011, Sec. 6. Effective January 1, 1993.)

chapter: 5. Regional Centers for Persons With Developmental Disabilities

article: 1. Regional Center Contracts


text:
(a) The State Department of Developmental Services, after consultation with stakeholder groups, shall develop a system of enrollment fees, copayments, or both, to be assessed against the parents of each child between the ages of three and 17 years who lives in the parent’s home and receives services purchased through a regional center. This system shall be submitted to the Legislature on or before April 1, 2004, immediately prior to the fiscal year in which the system is to be implemented, and as a part of the Governor’s proposed 2004–05 budget or subsequent legislation.

(b) The department, after consultation with stakeholder groups, shall submit a detailed plan for implementing a parental copayment system for children receiving services purchased through a regional center. This plan shall be submitted to the Legislature by April 1, 2004.

(c) The plan submitted on or before April 1, 2004, pursuant to subdivision (b), and any resources requested in the 2004–05 Governor’s Budget and related authority may be subsequently modified during the legislative review process.

(d) The parental copayment system shall only be applicable to families that have adjusted gross family incomes of over 200 percent of the federal poverty level and that have a child who meets all of the following criteria:

(1) The child is receiving services purchased through a regional center.

(2) The child is living at home.

(3) The child is not otherwise eligible to receive services provided under the Medi-Cal program.

(4) The child is at least three years of age and not more than 17 years of age.

(e) The department’s plan shall address, at a minimum all of the following components for the development of a parental copayment system:

(1) Description of the families and children affected, including those families with more than one child as described under subdivision (d).

(2) Privacy issues and potential safeguards regarding the families’ income, the children’s regional center clinical records, and related matters.

(3) Schedule of parental copayments and any other related assessments, and criteria or service thresholds for which these copayments and assessments are based.

(4) The options for a sliding scale for the schedule of parental copayments based on family income and family size.

(5) Proposed limits on parental cost sharing.

(6) An exemption process for families who are experiencing financial hardships and may need deferral or waiver of any copayments or assessments.

(7) An appeal process for families who may dispute the level of copayment or assessments for which they are billed.

(8) The specific methods and processes to be used by the department, regional centers, or other responsible party, for the collection of all parental copayments and assessments.

(9) Any potentials for the disruption of services to applicable regional center consumers due to the implementation of a parental copayment system.

(10) The estimated amount of revenues to be collected and any applicable assumptions made for making this determination.

(11) Any estimate related to a slowing of the trend in the growth for regional center services due to the implementation of a parental copayment system.

(12) A comparison to how the State Department of Health Services and other state agencies utilize personal information to manage the delivery of benefits and assessment of copayments.

(13) A recommendation on whether the parental copayment system should be centralized at the department or decentralized in the regional centers and the basis for this recommendation.

(14) The estimated cost for implementing a parental copayment system, including any costs associated with consultant contracts, state personnel, revenue collection, computer system processing, regional center operations, or any other cost factor that would need to be included in order to capture all estimated costs for implementation.

(15) The timeframe for which the parental copayment system is to be implemented.

(f) (1) In order for the department to develop a detailed plan for the implementation of a parental copayment system, the department shall collect information from selected families. In order to be cost efficient and prudent regarding the collection of information, the department may conduct a survey of only those families known to have children not eligible for the Medi-Cal program. The survey instrument may only be used for the sole purpose of obtaining information that is deemed necessary for the development of a parental copayment system, including the following:

(A) A family’s annual adjusted gross family income.

(B) The number of family members dependent on that income.

(C) The number of children who meet the criteria specified in subdivision (d).

(2) Results of the survey in the aggregate shall be provided to the Legislature as part of the department’s plan as required by subdivision (a).

history: (History: Added by Stats. 2003, Ch. 230, Sec. 47. Effective August 11, 2003.)

article: 1. Regional Center Contracts


text:
(a) To provide more uniformity and consistency in the administrative practices and services of regional centers throughout the state, promote appropriateness of services, maximize efficiency of funding, address the state budget deficit, ensure consistency with Lanterman Act values, maintain the entitlement to services, and improve cost-effectiveness, the department, in collaboration with stakeholders, shall develop best practices for the administrative management of regional centers and for regional centers to use when purchasing services for consumers and families.

(b) In developing regional center administrative management best practices, the department shall consider the establishment of policies and procedures to ensure prudent fiscal and program management by regional centers; effective and efficient use of public resources; consistent practices to maximize the use of federal funds; detection and prevention of fraud, waste, and abuse; and proper contracting protocols.

(c) In developing purchase of services best practices, the department shall consider eligibility for the service; duration of service necessary to meet objectives set in an individual program plan; frequency and efficacy of the service necessary to meet objectives in an individual program plan; impact on community integration; service providers’ qualifications and performance; rates; parental and consumer responsibilities pursuant to Sections 4646.4, 4659, and 4677 of this code and Section 95004 of the Government Code; and self-directed service options.

(d) The department shall ensure that implementation of best practices that impact individual services and supports are made through the individual program planning process provided for in this division or an individualized family service plan pursuant to Section 95020 of the Government Code, and that consumers and families are notified of any exceptions or exemptions to the best practices and their appeal rights established in Section 4701.

(e) Purchase of services best practices developed pursuant to this section may vary by service category and may do all of the following:

(1) Establish criteria determining the type, scope, amount, duration, location, and intensity of services and supports purchased by regional centers for consumers and their families.

(2) Modify payment rates.

(3) Reflect family and consumer responsibilities, pursuant to Sections 4646.4, 4659, and 4677 of this code and Section 95004 of the Government Code.

(f) Purchase of services best practices shall include provisions for exceptions to ensure the health and safety of the consumer or to avoid out-of-home placement or institutionalization.

(g) Best practices developed pursuant to this section shall not do either of the following:

(1) Endanger a consumer’s health or safety.

(2) Compromise the state’s ability to meet its commitments to the federal Centers for Medicare and Medicaid Services for participation in the Home and Community-Based Services Waiver or other federal funding of services for persons with developmental disabilities.

(h) The department shall submit the proposed best practices to the fiscal and applicable policy committees of the Legislature by no later than May 15, 2011. This submission shall include a description of the process followed to collaborate with system stakeholders; the anticipated impact of the best practices, coupled with prior reductions on consumers, families, and providers; estimated cost savings associated with each practice; and draft statutory language necessary to implement the best practices. Implementation of the best practices shall take effect only upon subsequent legislative enactment.

(i) This section shall become inoperative on July 1, 2026, and, as of January 1, 2027, is repealed.

history: (History: Amended by Stats. 2026, Ch. 80, Sec. 25. (SB 163) Effective July 13, 2026. Inoperative July 1, 2026, by its own provisions. Repealed as of January 1, 2027, by its own provisions. See later operative version added by Sec. 26 of Stats. 2026, Ch. 80.)

article: 1. Regional Center Contracts


text:
(a) To provide more uniformity and consistency in the administrative practices and services of regional centers throughout the state, promote appropriateness of services, maximize efficiency of funding, address the state budget deficit, ensure consistency with Lanterman Act values, maintain the entitlement to services, and improve cost-effectiveness, the department, in collaboration with stakeholders, shall develop best practices for the administrative management of regional centers and for regional centers to use when purchasing services for consumers and families.

(b) In developing regional center administrative management best practices, the department shall consider the establishment of policies and procedures to ensure prudent fiscal and program management by regional centers; effective and efficient use of public resources; consistent practices to maximize the use of federal funds; detection and prevention of fraud, waste, and abuse; and proper contracting protocols.

(c) In developing purchase of services best practices, the department shall consider eligibility for the service; duration of service necessary to meet objectives set in an individual program plan; frequency and efficacy of the service necessary to meet objectives in an individual program plan; impact on community integration; service providers’ qualifications and performance; rates; parental and consumer responsibilities pursuant to Sections 4646.4, 4659, and 4677 of this code and Section 95004 of the Government Code; and self-directed service options.

(d) The department shall ensure that implementation of best practices that impact individual services and supports are made through the individual program planning process provided for in this division or an individualized family service plan pursuant to Section 95020 of the Government Code, and that consumers and families are notified of any exceptions or exemptions to the best practices and their appeal rights established in Section 4701.

(e) Purchase of services best practices developed pursuant to this section may vary by service category and may do all of the following:

(1) Establish criteria determining the type, scope, amount, duration, location, and intensity of services and supports purchased by regional centers for consumers and their families.

(2) Modify payment rates.

(3) Reflect family and consumer responsibilities, pursuant to Sections 4646.4, 4659, and 4677 of this code and Section 95004 of the Government Code.

(f) Purchase of services best practices shall include provisions for exceptions to ensure the health and safety of the consumer or to avoid out-of-home placement or institutionalization.

(g) Best practices developed pursuant to this section shall not do either of the following:

(1) Endanger a consumer’s health or safety.

(2) Compromise the state’s ability to meet its commitments to the federal Centers for Medicare and Medicaid Services for participation in the Home and Community-Based Services Waiver or other federal funding of services for persons with developmental disabilities.

(h) This section shall become operative on July 1, 2026.

history: (History: Repealed (in Sec. 25) and added by Stats. 2026, Ch. 80, Sec. 26. (SB 163) Effective July 13, 2026.)

article: 1. Regional Center Contracts


text:
(a) (1) The Legislature finds and declares that more than a quarter of Californians are foreign born, and more than 10 percent of the state’s population speaks English “not well” or “not at all.” Access to accurate, timely, understandable, and culturally sensitive and competent information and referral services for these communities is a critical need. A review of 2018-19 purchase of service expenditures reflects the following average per capita expenditures for all age groups by ethnicity, illustrating existing disparity gaps in the developmental services system:

(A) Twenty-seven thousand nine hundred thirty-one dollars ($27,931) for individuals who are White.

(B) Twenty-two thousand nine hundred fourteen dollars ($22,914) for individuals who are Black or African American.

(C) Fourteen thousand eight hundred thirty-six dollars ($14,836) for individuals who are Asian.

(D) Eleven thousand seven hundred sixty dollars ($11,760) for individuals who are Latinx or Hispanic.

(2) Language access and culturally competent services are critical components to advance health and human services equity and improve outcomes for all Californians served under the Lanterman Act.

(b) The State Department of Developmental Services shall administer an enhanced language access and cultural competency initiative for individuals with developmental disabilities, their caregivers, and their family members. The department shall require regional centers to implement this initiative through its contracts pursuant to Section 4640.6. The primary goal is to improve quality and facilitate more consistent access to information and services.

(c) Allowable uses of the funds provided to regional centers include, but are not limited to, all of the following:

(1) Identification of vital documents and internet website content for translation, as well as points of public contact in need of oral and sign language interpretation services.

(2) Orientations and specialized group and family information sessions with ample and publicized question and answer periods, scheduled at times considered most convenient for working families and in consultation with community leaders.

(3) Regular and periodic language needs assessments to determine threshold languages for document translation.

(4) Coordination and streamlining of interpretation and translation services.

(5) Implementation of quality control measures to ensure the availability, accuracy, readability, and cultural appropriateness of translations.

(d) The use of these funds shall not supplant any existing efforts or funds for similar purposes, but are intended to augment and provide maximum additional benefit to the greatest number of persons served, their caregivers, and their families.

(e) The department shall report annually, beginning January 10, 2022, as part of the Governor’s Budget and the May Revision, how these funds are being utilized and what remaining needs for language access and culturally competent services are identified by people served, the community, and regional centers as the initiative implements.

(f) Subject to an appropriation by the Legislature, regional centers shall receive specialized funding allocations to facilitate applications for payments authorized to protect the health and safety of consumers, pursuant to paragraph (1) of subdivision (a) of Section 4681.6, for non-English-speaking individuals served. Funded activities shall include specialized outreach and case management services toward identifying which individuals might have an unaddressed need for a health and safety waiver and assisting with guiding individuals through the application process to meet those needs. Regional centers shall track the number of individuals served through this effort and provide this information to the department on at least an annual basis.

history: (History: Amended by Stats. 2025, Ch. 12, Sec. 6. (AB 143) Effective June 27, 2025.)

article: 1. Regional Center Contracts


text:
(a) Beginning as early as possible after July 1, 2021, but no later than September 1, 2021, the department shall convene a workgroup, which shall be composed of individuals described under subdivision (b), to make recommendations to the department for the development of standard performance improvement indicators and benchmarks to incentivize high-quality regional center operations.

(b) The director shall appoint members to the stakeholder group and shall consider all of the following individuals to serve as members of that group:

(1) Individuals or consultants with expertise in developing performance indicators and incentive programs within developmental disability systems or community-based long-term services and supports systems.

(2) Consumers and families across different geographic regions of the state, who have diverse racial and ethnic backgrounds, diverse consumer age groups, and disabilities.

(3) Regional center representatives.

(4) Service providers.

(5) Representatives of other state agencies or entities with whom the department routinely collaborates for the coordination of services for people with developmental disabilities, and who additionally have expertise in setting or reporting indicators and benchmarks, including reporting to the federal Centers for Medicare and Medicaid Services.

(6) Representatives of California’s University Centers for Excellence in Developmental Disabilities, the State Council on Developmental Disabilities, the protection and advocacy agency specified in Division 4.7 (commencing with Section 4900), and consumer and family advocacy groups.

(c) By January 10, 2022, as part of the Governor’s Budget, the department shall provide a status update based on recommendations provided by the stakeholder workgroup, with an additional status update at the time of the Governor’s May Revision. These recommendations may include all of the following:

(1) Priority areas for performance indicators and benchmarks, including, but not limited to, all of the following:

(A) Equity in service access and purchase of services.

(B) Consumer employment and associated metrics.

(C) Integration of consumers in the community.

(D) Person-centered planning.

(E) Compliance with federal home and community-based standards.

(F) Consumer and family experience and satisfaction.

(G) Innovation in service availability and delivery.

(2) Surveys or other measures to assess consumer and family experience, satisfaction, and recommendations, in addition the use of data available through the National Core Indicators.

(3) Benchmarks, and a method for establishing benchmarks, to create meaningful comparisons and understanding of variation in performance within and between regional centers.

(4) Measures under development or already implemented by federal funding agencies for long-term services and supports, home and community-based services, incentive payments, required reporting, and the efficient and effective implementation of performance improvement systems.

(5) Additional criteria for demonstrating performance improvement, including improvement beyond benchmarks.

(6) The methodology, structure, and types of incentives to be used, including, if appropriate, a payment schedule and implementation timeline, for incentive payments to regional centers to achieve or exceed performance benchmarks. This methodology and structure shall include how the department shall take into consideration variations among regional centers, expectations for regional center community engagement activities, and any significant demographic, including economic or other differences, impacting a regional center’s performance and how the department might build the identified benchmarks into regional center performance contracts.

(7) A process, based on the input from regional centers and other stakeholders, the department shall use on at least an annual basis to evaluate the success of a quality improvement process, including any incentive payment program.

(d) Department-approved performance measures developed pursuant to this section shall be incorporated into regional center contracts, as set forth in Section 4629, to standardize outcome measures and benchmarks that incentivize high-quality regional center operations. The department shall give consideration to the availability of regional center operations funding when establishing and revising these measures.

history: (History: Amended by Stats. 2026, Ch. 80, Sec. 27. (SB 163) Effective July 13, 2026.)

article: 1. Regional Center Contracts


citation: WIC § 4621

text:
The department, within the limitations of funds appropriated, shall contract with appropriate private nonprofit corporations for the establishment of regional centers.

Notwithstanding any other provision of law, any contract entered into pursuant to this section may provide for periodic advance payments for services to be performed under such contract. No advance payment made pursuant to this section shall exceed 25 percent of the total annual contract amount.

history: (History: Added by Stats. 1977, Ch. 1252.)

article: 1. Regional Center Contracts


text:
Notwithstanding subdivision (c) of Section 1 of Chapter 501 of the Statutes of 1971, the department shall, within the limitations of funds appropriated, contract with an appropriate private nonprofit corporation or corporations to operate regional centers as follows:

(a) One regional center to serve the Counties of Inyo, Kern, and Mono.

(b) One regional center to serve the Counties of Riverside and San Bernardino.

history: (History: Added by Stats. 1993, Ch. 364, Sec. 1. Effective January 1, 1994.)

article: 1. Regional Center Contracts


text:
(a) It is the intent of the Legislature to allow for uninterrupted supports for individuals with intellectual and developmental disabilities and provide for the timely allocation of resources to regional centers.

(b) Notwithstanding any other law, the department shall issue and adjust funding allocations to the regional centers, as specified in Section 4620. Funding allocations and adjustments may be done, at the department’s discretion, by letter, contract, or contract amendment, and shall be consistent with, and subject to, funding appropriated in the annual Budget Act. Funding allocations and adjustments made pursuant to this section are exempt from the Public Contract Code and the State Contracting Manual, and are not subject to the approval of the Department of General Services pursuant to subdivision (c) of Section 10295 of the Public Contract Code.

(c) The exemptions provided in subdivision (b) do not apply to funding allocations and adjustments for contracts for noninformation technology goods or information technology goods and services.

history: (History: Added by Stats. 2026, Ch. 80, Sec. 28. (SB 163) Effective July 13, 2026.)

article: 1. Regional Center Contracts


citation: WIC § 4622

text:
The state shall contract only with agencies to serve as regional centers as described in Section 4620, the governing boards of which conform to all of the following criteria by no later than January 1, 2028:

(a) (1) The governing board shall be composed of no more than 17 individuals with demonstrated interest in, or knowledge of, developmental disabilities.

(2) Any existing member of the governing board as of December 31, 2027, in excess of the 17-member limit in paragraph (1) shall be permitted to complete no more than 12 months of their remaining term beyond that date if the existing member is compliant with subdivision (f).

(b) Effective January 1, 2028, membership of the governing board, as a whole, shall possess at least two years of experience in all of the following topics:

(1) California law.

(2) Management of a medium or large organization.

(3) Board governance, as evidenced by experience serving on the board of an entity that is not a regional center.

(4) Fiscal or financial subjects.

(5) Developmental disability programs, including program administration, service provision, or policy advocacy.

(c) The governing board shall reflect the geographic, disability, and ethnic characteristics of the area served by the regional center.

(d) A minimum of 50 percent of the members of the governing board shall be persons with developmental disabilities or their family members or legal guardians. No less than 25 percent of the members of the governing board shall be persons with developmental disabilities who are receiving regional center services.

(e) Members of the governing board shall not be permitted to serve more than seven years within each eight-year period.

(f) (1) Effective January 1, 2028, all members of the governing board, prior to assuming or continuing their role and annually thereafter to maintain their role, shall complete trainings provided by or approved by the department. The training shall be implemented following consultation with the community, including the State Council on Developmental Disabilities. Training topics shall include, but are not limited to, the following:

(A) Board management and operations, including the following:

(i) Mission.

(ii) Bylaws.

(iii) Organization structure.

(iv) Roles and responsibilities.

(v) Policies, including whistle-blower policies and protections.

(vi) Fiduciary responsibilities.

(vii) Conflicts of interest.

(viii) Robert’s Rules of Order or other comparable boardsmanship rules.

(B) Ethics.

(C) Regional center contract requirements.

(D) Obligations of the governing board as outlined in this section, including training, annual evaluation of the executive director, and review of the performance of the regional center.

(E) Legal requirements for open meetings.

(F) Catchment description and demographic information.

(G) Service access and equity issues, including, but not limited to, purchase of service information and equity measures established by the department.

(H) Overviews of the programs and services under the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500)) and early start program under Title 14 (commencing with Section 95000) of the Government Code.

(2) The annual continuing training required by paragraph (1) may be shorter than the initial training for new board members, as determined by the department following consultation with regional centers.

(3) The department shall issue a directive to regional centers regarding training requirements and the approved training curriculum necessary to comply with this section no later than February 1, 2027.

(4) Effective January 1, 2028, governing board members who do not meet the training requirements specified in paragraphs (1) and (2) shall not participate in meetings and decisions of the governing board until they complete the required training.

(5) As part of its monitoring responsibility, the department shall review the training and support provided to board members pursuant to this subdivision to verify that it enables maximum understanding and participation by board members.

(6) Each regional center shall post on its internet website information regarding the training provided to board members

(g) (1) Whenever possible, materials and information provided to board members shall be in plain language so that a member can understand their responsibilities and exercise appropriate oversight as board members of the regional center.

(2) The regional center shall provide individualized supports and reasonable accommodations to every member of the governing board so each person can fully and effectively participate in board discussions and decisions. The regional center shall designate an employee responsible for coordinating requested supports and accommodations and providing accessible materials and meetings. Supports and accommodations may include, but are not limited to, pre-meeting preparation, communication supports, assistive technology, accessible formats, interpretations, facilitation, captioning, and other assistance or modifications as needed.

(3) If a board member does not feel adequately supported to effectively participate in board meetings, the board member may contact the department’s regional center liaison assigned to that regional center with those concerns.

(h) (1) The governing board shall appoint an advisory group composed of persons with lived experiences with intellectual and developmental disabilities representing the various categories of disability served by the regional center. The advisory group shall subsequently designate two of its members to serve on the governing board. The group shall also designate a family member or legal guardian of a person with a developmental or intellectual disability, of its members, to serve on the governing board. These designees shall have renewable terms not to exceed two years, and are subject to subdivisions (e) and (f).

(2) The governing board shall include at least one of the designees identified in paragraph (1) as a voting member of the governing board’s committee that recruits, screens, and recommends approval of applicants seeking to join the regional center’s governing board.

(i) The governing board shall appoint an advisory committee composed of a wide variety of persons representing the various categories of providers from which the regional center purchases client services. The advisory committee shall provide advice, guidance, recommendations, and technical assistance to the regional center board in order to assist the regional center in carrying out its mandated functions. The advisory committee shall designate one of its members to serve as a member of the regional center board.

(j) (1) The governing board shall annually review the performance of the executive director of the regional center. The evaluations shall be based upon the executive director’s leadership on, but not be limited to, the following:

(A) The regional center’s compliance with the objectives of its contract with the department.

(B) Compliance with required audits, and progress in addressing any findings identified in prior and most recent audits.

(C) Improving the regional center’s status on regional center performance measures.

(2) These evaluations shall provide clear future expectations to the executive director.

(3) The governing board shall also annually review the performance of the regional center in providing services that are linguistically and culturally appropriate and may provide recommendations to the executive director of the regional center based on the results of that review. The governing board’s review may include, but is not limited to, the following:

(A) The effectiveness of the regional center’s efforts to address equity in access to and expenditures on services, inclusive of equity measures published by the department, and on efforts to improve language access to information.

(B) The regional center’s data regarding the number of timely translations of individual program plans, as described in paragraphs (6) and (7) of subdivision (a) of Section 4519.5.

(C) Assessment of the regional center’s website accessibility rating, relative to the federal requirements in Section 441.313 of Title 42 of the Code of Federal Regulations.

(D) The regional center’s responsiveness to a range of community needs and concerns, including, but not limited to, intake and assessment timelines, person-centeredness, timeliness and accuracy of payments to service providers, equity including statewide equity measures, the unique needs of populations involved with the justice or child welfare systems or who have cooccurring conditions, and coordination with local entities that provide generic services.

(E) Other issues, as identified by the community during public meetings.

(k) No member of the board who is an employee or member of the governing board of a provider from which the regional center purchases client services shall do any of the following:

(1) Serve as an officer of the board.

(2) Vote on any fiscal matter affecting the purchase of services from any regional center provider.

(3) Vote on any issue other than as described in paragraph (2), in which the member has a financial interest, as defined in Section 87103 of the Government Code, and as further determined by the regional center board. The member shall provide a list of the member’s financial interests, as defined in Section 87103, to the regional center board.

(l) Nothing in this section shall prevent the appointment to a regional center governing board of a person who meets the criteria for more than one of the categories listed above.

(m) (1) Each governing board shall adopt an anti-retaliation policy to protect board members and regional center employees from retaliation. For purposes of this article, “retaliation” means any adverse action, threat, intimidation, coercion, or harassment because a person is acting within the scope of their responsibilities.

(2) The department shall provide all governing boards a model policy for this purpose. Any amendments to the model policy sought by an individual governing board shall not become effective before first being approved by the department.

(3) The department shall designate an employee to answer questions about this policy and receive allegations of retaliation pursuant to this policy. The department shall investigate those allegations and shall require appropriate corrective action to be taken for substantiated allegations.

(n) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department may implement, interpret, or make specific through written directives the changes made to this section by legislation enacted in the 2025-26 legislative session. These directives shall be operative until final regulations are effective, which shall be no later than September 30, 2029.

history: (History: Amended by Stats. 2026, Ch. 80, Sec. 29. (SB 163) Effective July 13, 2026.)

article: 1. Regional Center Contracts


text: By August 15 of each year, the governing board of each regional center shall submit to the department detailed documentation, as determined by the department, demonstrating that the composition of the board is in compliance with Section 4622. If the composition of the governing board is not in compliance with Section 4622, the governing board shall submit a plan to the department with its board composition documentation setting forth how and, in as expeditious a manner as possible, when the board will come into compliance, in part or in whole, with Section 4622.

history: (History: Amended by Stats. 2019, Ch. 28, Sec. 13. (SB 81) Effective June 27, 2019.)

article: 1. Regional Center Contracts


citation: WIC § 4623

text: In the event that the governing board of the regional center is not composed of individuals as specified in subdivisions (a) to (f), inclusive, of Section 4622, such governing board shall establish a program policy committee which is composed of such individuals. The program policy committee shall appoint one of its members to serve as an ex officio member of the governing board.

article: 1. Regional Center Contracts


citation: WIC § 4624

text: When the governing board of the regional center is not composed of individuals as specified in subdivisions (a) to (f), inclusive, of Section 4622, the program policy committee to the regional center shall be responsible for establishing the program policies of the regional center. All program policies adopted by a program policy committee shall conform to the provisions of this division and the contract between the department and the governing board.

article: 1. Regional Center Contracts


citation: WIC § 4625

text:
The department shall not contract with any new regional center contracting agency unless the governing board of the agency is composed of individuals as specified in subdivisions (a) to (f), inclusive, of Section 4622.

This section shall become operative on July 1, 1999.

history: (History: Repealed (in Sec. 14) and added by Stats. 1997, Ch. 414, Sec. 14.5. Effective September 22, 1997. Section operative July 1, 1999, by its own provisions.)

article: 1. Regional Center Contracts


text:
(a) The governing board of each regional center shall adopt and maintain a written policy requiring the board to review and approve any regional center contract of two hundred fifty thousand dollars ($250,000) or more, before entering into the contract.

(b) A regional center contract of two hundred fifty thousand dollars ($250,000) or more shall not be valid unless approved by the governing board of the regional center in compliance with its written policy pursuant to subdivision (a).

(c) Notwithstanding subdivisions (a) and (b), for purposes of this section:

(1) (A) Until July 1, 2030, contracts requiring approval by the governing board of a regional center shall have an identified monetary value of three hundred fifty thousand dollars ($350,000) or more.

(B) As of July 1, 2030, the monetary value for the contract specified in subparagraph (A) shall be four hundred fifty thousand dollars ($450,000), and every five years thereafter, it shall be increased by fifty thousand dollars ($50,000).

(2) Contracts do not include either of the following:

(A) Vendor approval letters issued by regional centers pursuant to Section 54322 of Title 17 of the California Code of Regulations.

(B) Purchase of service authorizations.

history: (History: Amended by Stats. 2026, Ch. 80, Sec. 30. (SB 163) Effective July 13, 2026.)

article: 1. Regional Center Contracts


text:
(a) To ensure compliance with applicable laws and regulations, and to assist with governance and organizational structure, the governing board of the regional center shall retain or employ an attorney by no later than July 1, 2027, to provide general legal advice and counsel. The attorney shall have at least five years of legal experience in representing a private or nonprofit public benefit corporation, government agency, or other public entity.

(b) To ensure the delivery of independent legal advice, an attorney retained or employed by the governing board of the regional center shall not be an employee of the regional center.

(c) The board’s attorney shall be present at all regional center board meetings and executive committee meetings where final decisions are made.

(d) The board’s attorney shall advise the governing board on matters, including, but not limited to, all of the following:

(1) The role of the board.

(2) Board operations and governance.

(3) Conduct of meetings, including parliamentary rules.

(4) Open meeting requirements.

(5) Rules for closed sessions.

(6) Executive director contract writing and compliance.

(7) Assistance for members of the board.

(8) Conflict of interest monitoring, reporting, and resolution.

(e) To permit adequate time for recruitment of an appropriately qualified attorney, as described in subdivision (a), in the event of a vacancy in this position of not more than six months, the governing board and its executive committee shall be permitted to take final action in the absence of a retained attorney. The public meeting notice shall include a statement that the board may take action at the meeting in the absence of the attorney required by this section.

history: (History: Repealed and added by Stats. 2026, Ch. 80, Sec. 32. (SB 163) Effective July 13, 2026.)

article: 1. Regional Center Contracts


text: The governing board of a regional center shall meet with representatives of the department upon a request by the Director of Developmental Services, and, if requested, the board shall exclude regional center employees from the meeting. The governing board shall meet with the department’s representatives without preconditions for the meeting and at a time and date determined by the department. Not infringing on the department’s authority otherwise provided in this section, at the department’s discretion, efforts shall be made to meet with a governing board of a regional center at a mutually agreed-upon time, date, and place, with the goal of promoting attendance by board members.

history: (History: Added by Stats. 2019, Ch. 28, Sec. 15. (SB 81) Effective June 27, 2019.)

article: 1. Regional Center Contracts