citation: WIC § 4856

text:
(a) The regional center shall monitor, evaluate, and audit habilitation services providers for program effectiveness, using performance criteria that include, but are not limited to, all of the following:

(1) Service quality.

(2) Protections for individuals receiving services.

(3) Compliance with applicable service standards established by the department. The department shall, in consultation with regional centers, providers, and other stakeholders, establish the service standards no later than September 1, 2027. The service standards shall be designed to promote the provision of quality services that enhance individual outcomes while maintaining compliance with federal requirements. From September 2026 until September 2027, the department shall update the Legislature quarterly on progress toward establishment of the service standards, including any considerations or concerns raised by regional centers, providers, and the community.

(b) (1) The regional center may impose immediate sanctions on providers of work activity programs and supported employment programs for noncompliance with service standards contained in regulations adopted by the department, and for safety violations that pose a threat to individuals of habilitation services.

(2) Sanctions include, but are not limited to, any of the following:

(A) A moratorium on new referrals.

(B) Imposition of a corrective plan as specified in regulations.

(C) Removal of individuals from a service area where dangerous conditions or abusive conditions exist.

(D) Termination of vendorization.

(c) A moratorium on new referrals may be the first formal sanction to be taken except in instances in which individuals are at imminent risk of abuse or other harm. When the regional center determines a moratorium on new referrals to be the first formal sanction, a corrective action plan shall be developed. The moratorium shall be lifted only when the conditions cited are corrected per a corrective action plan.

(d) A corrective action plan is a formal sanction, that may be imposed either simultaneously with a moratorium on new referrals, or as a single sanction in circumstances that do not require a moratorium, as determined by the regional center. Noncompliance with the conditions and timelines of the corrective action plan shall result in termination of vendorization.

(e) Removal of individuals from a program shall take place only when dangerous or abusive conditions are present, or upon termination of vendorization. In instances of removal for health and safety reasons, when the corrections are made by the program, as determined adequate by the regional center, individuals may return, at their option.

(f) A provider sanctioned under subparagraph (B) or (C) of paragraph (2) of subdivision (b) may request an administrative review, as specified in Section 4648.1.

(g) A provider sanctioned under subparagraph (D) of paragraph (2) of subdivision (b) shall have a right to a formal review by the Office of Administrative Hearings under Chapter 4 (commencing with Section 11370) of Part 1 of Division 3 of Title 2 of the Government Code.

(h) Effective July 1, 2004, if a habilitation services provider is under sanction under former Section 19354.5, the provider shall complete the requirements of the corrective action plan or any other terms or conditions imposed upon it as part of the sanctions. At the end of the term of the corrective action plan or other compliance requirements, the services provider shall be evaluated by the regional center based upon the requirements in this section.

history: (History: Amended by Stats. 2026, Ch. 80, Sec. 44. (SB 163) Effective July 13, 2026.)


kind: section

code: WIC

citation: WIC § 4857

text: The regional center shall purchase habilitation services pursuant to the individual program plan. Habilitation services shall continue as long as satisfactory progress is being made toward achieving the objectives of the individual habilitation service plan or as long as these services are determined by the regional center to be necessary to maintain the individual at their highest level of vocational functioning, or to prepare the individual for referral to vocational rehabilitation services.

history: (History: Repealed and added by Stats. 2003, Ch. 226, Sec. 2. Effective January 1, 2004. Operative July 1, 2004, by Sec. 3 of Ch. 226.)

path: 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED > 13. Habilitation Services For Persons With Developmental Disabilities


text: Regional centers may purchase habilitation services only from providers who are vendored as described in Section 4861 and regulations promulgated pursuant to that section. Habilitation services providers who, on July 1, 2004, are providing services to consumers shall be deemed to be an approved vendor.

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

division: 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED

chapter: 13. Habilitation Services For Persons With Developmental Disabilities


citation: WIC § 4858

text:
(a) Each work activity program vendor shall, at a minimum, annually review the status of consumers participating in their program to determine whether these individuals would benefit from vocational rehabilitation services, including supported employment.

(b) If it is determined that the consumer would benefit from vocational rehabilitation services, the work activity program vendor shall, in conjunction with the regional center and in accordance with the individual program plan process, refer the consumer to the Department of Rehabilitation.


citation: WIC § 4859

text:
(a) The department shall adopt regulations to establish rates for work activity program services subject to the approval of the Department of Finance. The regulations shall provide for an equitable and cost-effective ratesetting procedure in which each specific allowable service, activity, and provider administrative cost comprising an overall habilitation service, as determined by the department, reflects the reasonable cost of service. Reasonable costs shall be determined biennially by the department, subject to audit at the discretion of the department.

(b) The department shall adopt the existing work activity program rates as of July 1, 2004, that shall remain in effect until the next ratesetting year.

(c) Notwithstanding paragraph (4) of subdivision (a) of Section 4648, the regional center shall pay the work activity program rates established by the department.


citation: WIC § 4860

text:
(a) (1) The hourly rate for supported employment services shall be set by the department and posted to its internet website.

(2) Job coach hours spent in travel to consumer worksites may be reimbursable for individualized services only when the job coach travels from the vendor’s headquarters to the consumer’s worksite or from one consumer’s worksite to another, and only when the travel is one way.

(b) The hourly rate for group services shall be set by the department and posted to its internet website. Consumers in a group shall be scheduled to start and end work at the same time, unless an exception that takes into consideration the consumer’s compensated work schedule is approved in advance by the regional center. The department, in consultation with stakeholders, shall adopt regulations to define the appropriate grounds for granting these exceptions. When the number of consumers in a supported employment placement group drops to fewer than the minimum required in subdivision (p) of Section 4851, the regional center may terminate funding for the group services in that group, unless, within 90 days, the program provider adds one or more regional centers, or Department of Rehabilitation-funded supported employment consumers to the group.

(c) When Section 4855 applies, fees shall be authorized for the following:

(1) A three-hundred-sixty-dollar ($360) fee shall be paid to the program provider upon intake of a consumer into a supported employment program. No fee shall be paid if that consumer completed a supported employment intake process with that same supported employment program within the previous 12 months.

(2) A seven-hundred-twenty-dollar ($720) fee shall be paid upon placement of a consumer in an integrated job, except that no fee shall be paid if that consumer is placed with another consumer or consumers assigned to the same job coach during the same hours of employment.

(3) A seven-hundred-twenty-dollar ($720) fee shall be paid after a 90-day retention of a consumer in a job, except that no fee shall be paid if that consumer has been placed with another consumer or consumers, assigned to the same job coach during the same hours of employment.

(d) Notwithstanding paragraph (4) of subdivision (a) of Section 4648, the regional center shall pay the supported employment program rates established by this section.

(e) The department, with regional center participation, shall conduct an annual survey of providers, in a format determined by the department, to collect the following information:

(1) The number of employment placements in the previous 12 months.

(2) Types of employment in which consumers are placed.

(3) The cost components of the rates in subdivisions (a) and (b), including, but not limited to, the amount used for hourly wages of job coaches, administration, and placement search costs.

(4) The number of hours each consumer works and the consumer’s hourly wage.

(5) Any other information determined by the department.

(f) In its 2017–18 May Revision fiscal estimate, the department shall describe the results of the survey described in subdivision (e).

history: (History: Amended by Stats. 2025, Ch. 12, Sec. 13. (AB 143) Effective June 27, 2025.)


citation: WIC § 4861

text:
A regional center may vendor a new work activity or supported employment program after determining the capacity of the program to deliver effective services and meet the requirements specified in subdivision (a) of Section 4856.

(a) Programs that receive the regional center’s approval to provide supported employment services shall receive rates in accordance with Section 4860.

(b) A new work activity program shall receive the rate posted on the department’s internet website.

(c) The regional center may approve or disapprove proposals submitted by new or existing vendors based on all of the following criteria, to the extent that it is federally permissible:

(1) The need for a work activity or supported employment program.

(2) The capacity of the vendor to deliver work activity or supported employment services effectively.

(3) The ability of the vendor to comply with the requirements of this section and Section 4856.

(4) The ability of the vendor to achieve integrated paid work for individuals served in supported employment.

history: (History: Amended by Stats. 2026, Ch. 80, Sec. 45. (SB 163) Effective July 13, 2026.)


citation: WIC § 4862

text:
(a) The length of a work activity program day shall not be less than five hours, excluding the lunch period.

(b) (1) Except as provided in paragraph (2), the length of a work activity program day shall not be reduced from the length of the work activity program day in the historical period that was the basis for the approved habilitation services rate.

(2) (A) A work activity program may, upon consultation with, and prior written approval from, the regional center, change the length of a work activity program day.

(B) If the regional center approves a reduction in the work activity program day pursuant to subparagraph (A), the department may change the work activity program rate.

(c) (1) A work activity program may change the length of a work activity program day for a specific consumer in order to meet the needs of that consumer, if the regional center, upon the recommendation of the individual program planning team, approves the change.

(2) The work activity program shall specify in writing to the regional center the reasons for any proposed change in a work activity program day on an individual basis.

history: (History: Amended (as being added July 1, 2004, by Stats. 2003, Ch. 226) by Stats. 2003, Ch. 886, Sec. 3. Effective January 1, 2004. Operative July 1, 2004, by Sec. 4 of Ch. 886.)


citation: WIC § 4863

text:
(a) In accordance with regulations adopted by the department, and if agreed upon by the work activity program and the regional center, hourly billing shall be permitted, provided that it does not increase the regional center’s costs when used in lieu of full-day billing. A work activity program shall be required to submit a request for the hourly billing option to the regional center not less than 60 days prior to the program’s proposed implementation of this billing option.

(b) If a work activity program and the regional center elect to utilize hourly billing, the hourly billing process shall be required to be used for a minimum of one year.

(c) When the hourly billing process is being used, the definitions contained in subdivisions (h) and (i) of Section 4851 shall not apply.

history: (History: Amended by Stats. 2022, Ch. 49, Sec. 80. (SB 188) Effective June 30, 2022.)


citation: WIC § 4864

text: The department shall authorize payment for absences in work activity programs and supported employment programs that are directly consequent to a declaration of a State of Emergency by the Governor. If the department authorizes payment for absences due to a state of emergency, the vendor shall bill only for absences in excess of the average number of absences experienced by the vendor during the 12-month period prior to the month in which the disaster occurred.


citation: WIC § 4865

text: At the request of the Department of Rehabilitation, a work activity or supported employment program, or both, shall release state licensing reports and individual special incident reports, as required by law or regulations, in instances of suspected abuse.

history: (History: Amended by Stats. 2026, Ch. 80, Sec. 46. (SB 163) Effective July 13, 2026.)


text:
(a) A regional center shall continue to pay the rate in effect as of June 30, 2004, for a supported employment placement group composed of a coach-to-client ratio of 1:3 when the provider submits to the State Department of Developmental Services and the regional center, by July 30, 2004, documentation that all of the following conditions apply:

(1) The group was established prior to July 1, 2002.

(2) The group was at the 1:3 ratio on May 1, 2004.

(3) The employer will only accommodate a group of three.

(b) In consultation with the regional center, the State Department of Developmental Services shall determine whether the requirements of this section have been met. The department’s decision shall be final.

(c) Groups paid under this section shall meet the requirements of subdivision (r) of Section 4851 by July 1, 2005, or be subject to termination of funding pursuant to subdivision (b) of Section 4860.

history: (History: Added by Stats. 2004, Ch. 228, Sec. 9.4. Effective August 16, 2004.)


citation: WIC § 4866

text: The department may promulgate emergency regulations to carry out the provisions of this chapter. If the Department of Developmental Services promulgates emergency regulations, the adoption of the regulations shall be deemed necessary for the immediate preservation of the public peace, health and safety, or general welfare for purposes of subdivision (b) of Section 11346.1 of the Government Code.


citation: WIC § 4867

text: Nothing in this chapter shall be interpreted to mean that work activity programs or supported employment programs cannot serve consumers who are funded by agencies other than regional centers, including, but not limited to, the Department of Rehabilitation.

history: (History: Added by Stats. 2003, Ch. 226, Sec. 2. Effective January 1, 2004. Operative July 1, 2004, by Sec. 3 of Ch. 226.)


citation: WIC § 4868

text:
For purposes of this chapter, the following definitions shall apply:

(a) “Competitive employment” means work in the competitive labor market that is performed on a full-time or part-time basis in an integrated setting and for which an individual is compensated at or above the minimum wage, but not less than the customary wage and level of benefits paid by the employer for the same or similar work performed by individuals who are not disabled.

(b) “Integrated employment” means “integrated work,” as defined in Section 4851.

(c) “Microenterprises” means small businesses owned by individuals with developmental disabilities who have control and responsibility for decisionmaking and overseeing the business, with accompanying business licenses, taxpayer identification numbers other than social security numbers, and separate business bank accounts. Microenterprises may be considered integrated competitive employment.

(d) “Self-employment” means an employment setting in which an individual works in a chosen occupation, for profit or fee, in the individual’s own small business, with control and responsibility for decisions affecting the conduct of the business.

(e) This section shall become operative on July 1, 2024.

history: (History: Repealed (in Sec. 26) and added by Stats. 2023, Ch. 44, Sec. 27. (AB 121) Effective July 10, 2023. Operative July 1, 2024, by its own provisions.)

chapter: 14. Employment

path: 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED > 14. Employment


text:
(a) There is in the California Health and Human Services Agency the Office of Employment First.

(b) The office’s mission is to coordinate the Employment First Policy, as described in Section 4869, in order to reduce redundancy, ensure coordination of all employment support services across all agencies and departments, avoid fragmentation of services, guide strategic planning, and promote racial equity toward employment for individuals with developmental disabilities.

(c) The office shall have all of the following responsibilities:

(1) Identify and disseminate best practices.

(2) Develop effective strategies for partnerships with entities, including, but not limited to, employers, foundations, advocates, and other entities committed to creating integrated community employment opportunities.

(3) Provide technical assistance, as requested, to develop and implement strategies for equity in employment.

(4) Make recommendations for legislative, regulatory, and policy changes consistent with the Employment First Policy, as described in Section 4869.

(d) The office shall be under the control of an executive officer known as the Chief Employment First Officer who has the authority to do all of the following:

(1) Establish or improve reporting mechanisms to measure the success of employment programs for individuals with developmental disabilities and drive quality improvement.

(2) Monitor progress on employment for individuals with developmental disabilities, including, but not limited to, preparing monitoring instruments and issuing reports.

(3) Link data collection systems across state government entities through the development of a unique identification system.

(4) Track, analyze, and publicize service code utilization and vocational outcomes across the system.

(e) (1) The office shall form a standing Employment First Committee consisting of all of the following members:

(A) At least one designee of each of the members of the State Council on Developmental Disabilities specified in subparagraphs (B), (C), (D), (F), and (H) of paragraph (2) of subdivision (b) of Section 4521.

(B) A member of the consumer advisory committee of the state council.

(2) The responsibilities of the committee shall include, but need not be limited to, identifying ways services can be coordinated by state and local agencies to avoid disconnection of services and to improve accessibility of services.

(f) On or before June 30, 2025, and annually thereafter, the office shall provide a report to the appropriate policy committees of the Legislature and to the Governor describing its work and recommendations made pursuant to this section.

(g) This section shall become operative on July 1, 2024.

history: (History: Added by Stats. 2023, Ch. 44, Sec. 28. (AB 121) Effective July 10, 2023. Operative July 1, 2024, by its own provisions.)


text:
(a) The department and the Department of Rehabilitation shall develop an interagency agreement, with respect to the delivery of habilitation services and vocational rehabilitation programs, to create an integrated employment services system between the Department of Rehabilitation and regional centers, with the goals of having each individual experience uninterrupted services, minimized handoffs, and fewer barriers, and increase timely access to employment. The interagency agreement shall outline an integrated employment services system to develop opportunities for, and increase access to, competitive integrated employment for individuals that includes, but is not limited to, all of the following:

(1) A dual provider process for employment providers between the Department of Rehabilitation and regional centers.

(2) Clear funding paths between the department, the Department of Rehabilitation, and regional centers to enable timely employment services access for each individual seeking employment.

(3) A process to make employment supports and services leading to competitive integrated employment seamless to the individual, regardless of which department an individual seeks supports from or which department funds the services.

(b) The department and the Department of Rehabilitation shall develop the interagency agreement no later than August 1, 2027.

(c) The department and the Department of Rehabilitation shall develop the integrated employment services system with input from the community no later than March 1, 2029. Input from the community shall include, but not be limited to, consultation with the department’s Lived Experience Advisory Group, individuals and families, caregivers, advocates and associations, service providers, regional centers, the State Council on Developmental Disabilities, the State Rehabilitation Council, and legislative staff.

(d) Beginning December 1, 2026, the department shall semiannually report milestones on the development of the integrated employment services system on the department’s internet website until the integrated employment services system is developed.

(e) For purposes of this section, the following definitions apply:

(1) “Dual provider process” means an aligned vendorization process for supported employment programs between regional centers and the Department of Rehabilitation.

(2) “Clear funding path” means an outline that defines funding obligations between regional centers and the Department of Rehabilitation for the different services used for an individual to achieve competitive integrated employment.

history: (History: Added by Stats. 2026, Ch. 80, Sec. 47. (SB 163) Effective July 13, 2026.)


citation: WIC § 4869

text:
(a) (1) In furtherance of the purposes of this division to make services and supports available to enable persons with developmental disabilities to approximate the pattern of everyday living available to people without disabilities of the same age, to support the integration of persons with developmental disabilities into the mainstream life of the community, and to bring about more independent, productive, and normal lives for the persons served, it is the policy of the state that opportunities for integrated, competitive employment shall be given the highest priority for working age individuals with developmental disabilities, regardless of the severity of their disabilities. This policy shall be known as the Employment First Policy.

(2) Implementation of the policy shall be consistent with, and shall not infringe upon, the rights established pursuant to this division, including the right of people with developmental disabilities to make informed choices with respect to services and supports through the individual program planning process.

(3) Integrated competitive employment is intended to be the first option considered by planning teams for working age individuals, but individuals may choose goals other than integrated competitive employment.

(4) Postsecondary education, technical or vocational training, and internship programs may be considered as a means to achieve integrated competitive employment or career advancement.

(5) This chapter shall not be construed to expand the existing entitlement to services for persons with developmental disabilities described in this division.

(6) This chapter shall not alleviate schools of their responsibility to provide transition services to individuals with developmental disabilities.

(b) The State Council on Developmental Disabilities shall develop an informational brochure about the Employment First Policy, translate the brochure into various languages, and post the brochure on its Internet Web site.

(c) Regional centers shall provide consumers 16 years of age or older, and, when appropriate, their parents, legal guardians, conservators, or authorized representative with information, in an understandable form, about the Employment First Policy, options for integrated competitive employment, and services and supports, including postsecondary education, that are available to enable the consumer to transition from school to work, and to achieve the outcomes of obtaining and maintaining integrated competitive employment.

(d) The department may request information from regional centers on current and planned activities related to the Employment First Policy. A contract between the department and a regional center shall include performance objectives relating to implementation of the Employment First Policy, as described in subdivision (c) of Section 4629.

history: (History: Amended by Stats. 2017, Ch. 18, Sec. 24. (AB 107) Effective June 27, 2017.)


citation: WIC § 4870

text:
(a) To encourage competitive integrated employment opportunities statewide for individuals with developmental disabilities, the department shall establish guidelines and oversee a program, to the extent funds are appropriated in the annual Budget Act for this purpose, to increase paid internship opportunities for individuals with developmental disabilities that produce outcomes consistent with the individual program plan. The department shall consult with the State Council on Developmental Disabilities, regional centers, employers, supported employment provider organizations, and clients’ rights advocates, to establish a program that shall be administered by community service providers and that meets all of the following criteria:

(1) Internships shall not exceed 1,040 hours per year for each individual placed in an internship.

(2) Payments for internship hours under this program shall include all required employer-related costs.

(3) Individuals participating in an internship shall be paid at or above minimum wage and equal to the customary wage paid by the employer for the same or similar work performed by individuals who do not have disabilities.

(4) A payment of seven hundred fifty dollars ($750) shall be made to the regional center service provider if both of the following apply:

(A) On or after July 1, 2021, the regional center provider places an individual in a paid internship opportunity.

(B) That individual remains in the paid internship after 30 consecutive days.

(5) An additional payment of one thousand dollars ($1,000) shall be made to the regional center provider for an individual described in paragraph (4) who remains in the paid internship for 60 consecutive days.

(6) Placements shall be made into competitive, integrated work environments.

(7) Placements shall be made into internships that develop vocational skills that will facilitate paid employment opportunities in the future.

(8) Regional centers shall increase awareness of these internships to consumers outside of current employment programs through outreach to consumers once the program is implemented, as well as during the individual program plan process.

(b) The department shall require annual reporting by regional centers and vendors that ensures program accountability and achievement of program goals. This shall include, but is not limited to, all of the following:

(1) The number of interns placed who might not otherwise have achieved the placement absent this internship program.

(2) Types of employment in which interns are placed.

(3) Length of internships.

(4) Demographic information of interns.

(5) Amount of each intern placement payment.

(6) Employment-related supports provided by another agency or individual to the intern.

(7) Number of interns who subsequently entered paid employment, including salary and benefit information.

(8) Any additional information, as determined by the department.

(c) (1) The department shall include in its annual May Revision fiscal estimate a description of the implementation of the program, including, but not limited to, a description of the stakeholder consultation, the data described in subdivision (b), aggregated by regional center and statewide, and any recommendations for program changes that may be necessary or desirable to maximize program effectiveness and accountability.

(2) It is the intent of the Legislature that the amounts included in this section be considered for changes or adjustments as part of the budget process that develops the budget for the 2025–26 fiscal year.

(d) Consistent with the individual program plan, the program shall increase sustained and appropriate competitive integrated employment placements by regional center service providers, as follows:

(1) A payment of one thousand dollars ($1,000) shall be made to the regional center service provider that, on or after July 1, 2016, places an individual into competitive integrated employment, and the individual is still competitively employed after 30 consecutive days, as described in subdivision (o) of Section 4851 and subdivision (d) of Section 4868.

(2) An additional payment of one thousand two hundred fifty dollars ($1,250) shall be made to the regional center service provider for an individual described in paragraph (1) who remains in competitive integrated employment for six consecutive months.

(3) An additional payment of one thousand five hundred dollars ($1,500) shall be made to the regional center service provider for an individual described in paragraphs (1) and (2) who remains in competitive integrated employment for 12 consecutive months.

(4) Notwithstanding paragraphs (1) to (3), inclusive, effective July 1, 2021, until June 30, 2025, the competitive integrated employment incentive payments for each milestone shall be as follows:

(A) A payment of two thousand dollars ($2,000) if the individual is still engaged in competitive employment after 30 consecutive days, as described in subdivision (o) of Section 4851 and subdivision (d) of Section 4868.

(B) An additional payment of two thousand five hundred dollars ($2,500), if the individual in subparagraph (A) remains in competitive integrated employment for six consecutive months.

(C) An additional payment of three thousand dollars ($3,000), if the individual in subparagraph (B) remains in competitive integrated employment for 12 consecutive months.

(e) Regional centers shall annually report to the department the payments for placements pursuant to subdivision (d). The information shall be reported in a format determined by the department, and shall include the number of individuals placed in internships or other employment as described in this section each year.

(f) The payments made pursuant to this section shall not be in addition to the placement payments made pursuant to subdivision (c) of Section 4860.

(g) Regional center service providers that place individuals into internships under subdivision (a) are not eligible for the employment placement incentives under this section, until the individual is transitioned into a competitive integrated employment placement that is not funded as an internship.

history: (History: Amended by Stats. 2025, Ch. 12, Sec. 15. (AB 143) Effective June 27, 2025.)


text:
(a) In addition to the program described Section 4870, subject to an appropriation in the Budget Act, the department shall establish, by December 31, 2021, a program to increase pathways to competitive integrated employment that shall meet both of the following requirements:

(1) (A) Be developed in consultation with stakeholders as specified in subparagraph (B).

(B) Consultation with stakeholders pursuant to subparagraph (A) shall commence no later than September 30, 2021, and shall include individuals with disabilities, including those served by the program, family members, employers and provider association representatives, consumer advocates, disability provider representatives, including regional centers, members of the Developmental Services Task Force, and legislative staff.

(2) Provide contracts or grants for entities to develop and implement innovative and replicable strategies and practices to increase paid work experiences and employment opportunities for regional center consumers.

(b) The department shall include in its annual May Revision fiscal estimate a description of the implementation of the program including, but not limited to, all of the following:

(1) A description of the stakeholder consultation.

(2) Data about the number and start date of funded grants or contracts.

(3) The number of enrolled participants.

(4) The number of employed participants.

(5) Any recommendations for program changes that may be necessary or desirable to maximize program effectiveness.

(c) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement, interpret, or make specific this section by means of written directives or similar instructions, without taking any regulatory action.

history: (History: Added by Stats. 2021, Ch. 76, Sec. 53. (AB 136) Effective July 16, 2021.)


text:
(a) In addition to the program described in Section 4870, subject to an appropriation in the Budget Act for this purpose, the department shall establish, by December 31, 2022, a three-year pilot program that focuses on competitive integrated employment, postsecondary education, and career readiness for individuals with developmental disabilities exiting work activity programs or secondary education in order to explore inclusive options, including, but not limited to, paid internships, competitive integrated employment, and college-to-career programs.

(b) The pilot program established pursuant to subdivision (a) shall satisfy all of the following requirements:

(1) Be developed in consultation with stakeholders, including, but not limited to, individuals with disabilities, including those who will be served by the program, family members, provider association representatives, consumer advocates, regional centers, the State Council on Developmental Disabilities, the State Department of Education, and the Department of Rehabilitation. The consultation described in this paragraph shall commence no later than August 31, 2022.

(2) Provide person-centered and time-limited services, aligning with each individual’s needs and a person-centered approach, focused on preparing individuals for career pathways.

(3) Consider evidence-based or promising practices for reducing or eliminating barriers to competitive integrated employment for people with intellectual and developmental disabilities in the development of innovated service options.

(4) Require service providers participating in the pilot program to report on defined outcome measures, as determined by the department.

(c) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement, interpret, or make specific this section by means of written directives or similar instructions, without taking any regulatory action.

history: (History: Added by Stats. 2022, Ch. 49, Sec. 81. (SB 188) Effective June 30, 2022.)


citation: WIC § 4875

text:
For purposes of this chapter:

(a) “ABLE account” or “account” means the account established for and owned by a designated beneficiary pursuant to this chapter for the purpose of meeting the qualified disability expenses of the designated beneficiary of the account.

(b) “Administrative fund” means the fund used to administer this chapter.

(c) “Board” means the California ABLE Act Board established under this chapter.

(d) “California ABLE Program Trust” or “ABLE program trust” means the trust created pursuant to this chapter.

(e) “CalABLE account” means an ABLE account that is established within the program established by this chapter and administered by the board.

(f) “Designated beneficiary” means the eligible individual for whom the ABLE account was established and who is the owner of the account.

(g) “Eligible individual” means an individual who is eligible under the program for a taxable year if blindness or disability occurred before the date on which the individual attained 46 years of age, and during that taxable year either of the following criteria are satisfied:

(1) The individual is entitled to benefits based on blindness or disability under Title II or XVI of the federal Social Security Act, and that blindness or disability occurred before the date on which the individual attained 46 years of age.

(2) A disability certification, as defined in the federal ABLE Act, with respect to the individual is filed pursuant to the requirements set forth in the federal ABLE Act.

(h) “Federal ABLE Act” means the federal Stephen Beck, Jr., Achieving a Better Life Experience Act of 2014 (as codified in Section 529A of Title 26 of the United States Code and amended through Public Law 117-328).

(i) “Investment management” means the functions performed by a manager contracted to perform functions delegated by the board.

(j) “Investment manager” means a manager contracted to perform functions delegated by the board.

(k) “Program fund” means the program fund established by this chapter, which shall be held as a separate fund within the California ABLE Program Trust.

(l) “Qualified ABLE Program” or “program” means the program established by this chapter to implement the federal ABLE Act pursuant to Section 529A of the Internal Revenue Code.

(m) “Qualified disability expenses” means any expenses related to the eligible individual’s blindness or disability that are made for the benefit of an eligible individual who is the designated beneficiary, including the following expenses: education, housing, transportation, employment training and support, assistive technology and personal support services, health, prevention and wellness, financial management and administrative services, legal fees, expenses for oversight and monitoring, funeral and burial expenses, and other expenses, which are approved by the Secretary of the Treasury under regulations and consistent with the purposes of the federal ABLE Act.

(n) This section shall become operative on January 1, 2026.

history: (History: Repealed in (Sec. 3) and added by Stats. 2023, Ch. 324, Sec. 4. (AB 339) Effective January 1, 2024. Operative January 1, 2026, by its own provisions.)

chapter: 15. Qualified ABLE Program

path: 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED > 15. Qualified ABLE Program


citation: WIC § 4876

text: There is hereby created the California ABLE Act Board that consists of the Treasurer, the Director of Finance, the Controller, the Director of Developmental Services, the Chairperson of the State Council on Developmental Disabilities, the Director of Rehabilitation, and the Chair of the State Independent Living Council, or their designees. The Treasurer shall serve as chair of the board.

history: (History: Added by Stats. 2015, Ch. 796, Sec. 2. (SB 324) Effective January 1, 2016.)


citation: WIC § 4877

text:
(a) There is hereby created an instrumentality of the State of California to be known as the California ABLE Program Trust.

(b) The purposes, powers, and duties of the California ABLE Program Trust are vested in, and shall be exercised by, the board.

(c) The board, in the capacity of trustee, shall have the power and authority to do all of the following:

(1) Sue and be sued.

(2) (A) Make and enter into contracts necessary for the administration of the ABLE program trust, and engage personnel, including consultants, actuaries, managers, counsel, and auditors, as necessary for the purpose of rendering professional, managerial, and technical assistance and advice.

(B) Subdivision (a) of Section 10365.5 of the Public Contract Code shall not apply to a contract with a program consultant for the Qualified ABLE Program. Any contract with a program consultant for the Qualified ABLE Program that would have been prohibited by that subdivision shall be publicly disclosed in a manner specified by the board prior to entering into the contract.

(3) Adopt a corporate seal and change and amend it from time to time.

(4) Cause moneys in the program fund to be held and invested and reinvested.

(5) (A) Accept any grants, gifts, legislative appropriations, and other moneys from any unit of federal, state, or local government or any other person, firm, partnership, philanthropic entity, or corporation for deposit to the administrative fund or the program fund.

(B) The board may also target specific subgroups of eligible individuals, as described in paragraph (C), provided that they are not limited in such a way that would conflict with the intent of the Legislature in establishing the program or other applicable law.

(C) Grants, gifts, legislative appropriations, and other moneys may be used, to the extent permitted under federal and state law, to encourage eligible individuals to create an account or maximize account participation by engaging public awareness about the program. The board may partner with other public, private, or nonprofit entities to facilitate or administer such moneys.

(6) Enter into agreements with designated beneficiaries or eligible individuals to establish and maintain an ABLE account.

(7) Make provisions for the payment of costs of administration and operation of the ABLE program trust.

(8) Carry out the duties and obligations of the ABLE program trust pursuant to this chapter and the federal ABLE Act pursuant to Section 529A of the Internal Revenue Code and federal regulations issued pursuant to that code, and have any other powers as may be reasonably necessary for the effectuation of the purposes, objectives, and provisions of this chapter.

(9) Carry out studies and projections in order to advise designated beneficiaries or eligible individuals regarding present and estimated future qualified disability expenses and the levels of financial participation in the ABLE program trust required in order to assist designated beneficiaries or eligible individuals.

(10) Participate in any other way in any federal, state, or local governmental program for the benefit of the ABLE program trust.

(11) Promulgate, impose, and collect administrative fees and charges in connection with transactions of the ABLE program trust, and provide for reasonable service charges, including penalties for cancellations.

(12) Set minimum and maximum investment levels.

(13) Administer the funds of the ABLE program trust.

(14) Procure insurance against any loss in connection with the property, assets, or activities of the ABLE program trust.

(15) Procure insurance indemnifying any member of the board from personal loss or liability resulting from a member’s action or inaction as a member of the board.

(d) The Treasurer shall, on behalf of the board, appoint an executive director, who shall not be a member of the board and who shall serve at the pleasure of the board. The Treasurer shall determine the duties of the executive director and other staff as necessary and set their compensation. The board may authorize the executive director to enter into contracts on behalf of the board or conduct any business necessary for the efficient operation of the board.

history: (History: Amended by Stats. 2025, Ch. 722, Sec. 2. (AB 1076) Effective January 1, 2026.)


citation: WIC § 4878

text:
(a) The board shall segregate moneys received by the ABLE program trust into two funds, which shall be identified as the program fund and the administrative fund.

(1) Notwithstanding Section 13340 of the Government Code, the program fund is hereby continuously appropriated, without regard to fiscal years, to the ABLE Act Board for the purposes specified in this act.

(2) The moneys in the administrative fund shall be available for the ABLE Act Board, upon appropriation, for administration of the act. Administrative costs shall not exceed 3 percent of the incoming funds for each fiscal year for the first five fiscal years following the opening of the first ABLE Act account. After the five-year period, administrative costs shall not exceed 1 percent of the incoming funds for each fiscal year.

(3) Funding for startup and administrative costs for the board shall be provided in the form of a loan from the General Fund sufficient to cover the board’s projected administrative costs for its first two years of implementing the program. Once the loan has been expended and revenues from the program are sufficient to cover the board’s ongoing costs, the board shall repay, within five years, the amount loaned, plus interest calculated at the rate earned by the Pooled Money Investment Account.

(b) Not later than 30 days after the close of each month, the investment manager shall place on file for public inspection during business hours a report with respect to investment performance. The investment manager shall report the following information, to the extent applicable, to the board within 30 days following the end of each month:

(1) The type of investment, name of the issuer, date of maturity, and the par and dollar amount invested in each security, investment, and money within the program fund.

(2) The weighted average maturity of the investments within the program fund.

(3) Any amounts in the program fund that are under the management of an investment manager.

(4) The market value as of the date of the report and the source of this valuation for any security within the program fund.

(5) A description of the compliance with the statement of investment policy.

(c) Moneys in the program fund may be invested or reinvested by the Treasurer or may be invested in whole or in part under contract with an investment manager, as determined by the board.

(d) The board shall annually prepare and adopt a written statement of investment policy. The board shall consider the statement of investment policy and any changes in the investment policy at a public hearing. The board shall approve the investment management entity or entities consistent with subdivision (c).

(e) Transfers may be made from the program fund to the administrative fund for the purpose of paying operating costs associated with administering the ABLE program trust and as required by this chapter. All costs of administration of the ABLE program trust shall be paid out of the administrative fund.

(f) All moneys paid by designated beneficiaries or eligible individuals in connection with ABLE accounts shall be deposited as received into the program fund, and shall be promptly invested and accounted for separately. Deposits and interest thereon accumulated on behalf of designated beneficiaries in the program fund of the ABLE program trust may be used for qualified disability expenses.

(g) The board shall maintain separate accounting for each designated beneficiary.

(h) Any designated beneficiary may, directly or indirectly, direct the investment of any contributions to his or her ABLE account, or any earnings thereon, no more than two times in any calendar year.

(i) The assets of the trust, including the program fund, shall at all times be preserved, invested, and expended solely and only for the purposes of the trust and shall be held in trust for the designated beneficiaries and no property rights therein shall exist in favor of the state. The assets shall not be transferred or used by the state for any purposes other than the purposes of the trust and consistent with the provisions of the federal ABLE Act.

history: (History: Added by Stats. 2015, Ch. 774, Sec. 5. (AB 449) Effective January 1, 2016.)


citation: WIC § 4879

text:
(a) Under the program, a person may make contributions for a taxable year, for the benefit of an individual who is an eligible individual for that taxable year, to an ABLE account that is established for the purpose of meeting the qualified disability expenses of the designated beneficiary of the account if both of the following criteria are met:

(1) The designated beneficiary is limited to one ABLE account for purposes of this chapter.

(2) The ABLE account is established only for a designated beneficiary who is a resident of the United States.

(b) A contribution shall not be accepted if either of the following occurs:

(1) The contribution is not in cash.

(2) Except in the case of contributions under Section 529A(c)(1)(C) of the Internal Revenue Code, relating to change in designated beneficiaries or programs, or received in a qualified ABLE rollover contribution described in Section 530A(d)(4)(B) of the Internal Revenue Code, relating to qualified ABLE rollover contributions, the contribution to an ABLE account would result in aggregate contributions from all contributors to the ABLE account for the taxable year exceeding the amount of both of the following:

(A) The amount allowed under Section 2503(b) of the Internal Revenue Code, relating to exclusion from gifts, for the calendar year in which the taxable year begins.

(B) In the case of any contribution by a designated beneficiary described in Section 529A(b)(7) of the Internal Revenue Code before January 1, 2026, the lesser of either of the following:

(i) Compensation, as defined by Section 219(f)(1) of the Internal Revenue Code, includible in the designated beneficiary’s gross income for the taxable year.

(ii) An amount equal to the poverty line for a one-person household as promulgated under Section 9902(2) of Title 42 of the United States Code, for the calendar year preceding the calendar year in which the taxable year begins.

(c) The designated beneficiary shall retain ownership of all contributions made to the designated beneficiary’s ABLE account to the date of utilization for qualified disability expenses, and all interest derived from the investment of the contributions to the designated beneficiary’s ABLE account shall be deemed to be held in the ABLE program trust for the benefit of the designated beneficiary. Neither the contributions, nor any interest derived therefrom, may be pledged as collateral for any loan.

(d) The board shall develop adequate safeguards to prevent aggregate contributions on behalf of a designated beneficiary in excess of the maximum contribution limits necessary to provide for the qualified disability expenses of the designated beneficiary. For purposes of this subdivision, aggregate contributions include contributions under any prior qualified ABLE program of any state or agency or instrumentality thereof but do not include any contributions received in a qualified ABLE rollover contribution described in Section 530A(d)(4)(B) of the Internal Revenue Code, relating to qualified ABLE rollover contributions.

history: (History: Amended by Stats. 2026, Ch. 85, Sec. 10. (SB 180) Effective July 13, 2026.)


citation: WIC § 4880

text:
(a) Notwithstanding any other law, moneys in, contributions to, and any distribution for qualified disability expenses from, an ABLE account, not to exceed one hundred thousand dollars ($100,000), shall not count toward determining eligibility for a state or local means-tested program.

(b) Notwithstanding subdivision (a), Section 103 of Division B of Public Law 113-295 and Sections 17140.4 and 23711.4 of the Revenue and Taxation Code shall apply.

(c) (1) Notwithstanding any other law, moneys in an ABLE account, not to exceed one hundred thousand dollars ($100,000), shall be exempt from enforcement of a money judgment without making a claim.

(2) A money judgment in favor of the State Department of Health Care Services shall not be subject to the exemption provided in paragraph (1) during any period of time in which federal law or guidance issued by the federal Centers for Medicare and Medicaid Services requires the department to recover funds from ABLE accounts for reimbursement of qualifying Medi-Cal expenditures.

(d) This section shall become operative on September 1, 2018.

history: (History: Repealed (in Sec. 1.5) and added by Stats. 2017, Ch. 529, Sec. 2.5. (AB 688) Effective January 1, 2018. Section operative September 1, 2018, by its own provisions.)


citation: WIC § 4881

text:
(a) The board shall provide an annual listing of distributions to individuals with respect to an interest in an ABLE account to the Franchise Tax Board at a time and in a manner and form as specified by the Franchise Tax Board. The taxpayers’ identification numbers obtained in connection with an ABLE account shall be used exclusively for state and federal tax administration purposes.

(b) The board shall make a report to the appropriate individual of any distribution to any individual with respect to an interest in an ABLE account, at a time and in a form and manner as required by the Franchise Tax Board.

(c) The board shall report annually to each designated beneficiary all of the following:

(1) The value of the designated beneficiary’s account.

(2) The interest earned thereon.

(3) The rate of return of the investments in the designated beneficiary’s account for that reporting period.

(4) Information on investments and qualified disability expenses that designated beneficiaries can use to set savings goals and contribution amounts.

(d) The board shall provide a means for designated beneficiaries to express concerns or comments regarding the ABLE program trust and any information required to be reported by this section.


citation: WIC § 4882

text:
(a) The board shall adopt regulations as it deems necessary to implement this chapter consistent with the federal Internal Revenue Code and regulations issued pursuant to that code to ensure that this program meets all criteria for federal tax-exempt benefits.

(b) The board may adopt regulations to implement this chapter as emergency regulations in accordance with the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). The adoption of the regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare.

history: (History: Added by Stats. 2015, Ch. 774, Sec. 7. (AB 449) Effective January 1, 2016.)


citation: WIC § 4883

text: This act shall be construed liberally in order to effectuate its legislative intent. The purposes of this act and all of its provisions with respect to powers granted shall be broadly interpreted to effectuate the intent and purposes of the federal ABLE Act and not as a limitation of those powers.


citation: WIC § 4884

text: The board shall market this program to residents of the United States to the extent funds are available to do so.

history: (History: Amended by Stats. 2017, Ch. 470, Sec. 3. (AB 384) Effective January 1, 2018.)


citation: WIC § 4885

text:
(a) Notwithstanding any other state law, and only to the extent permitted under federal law, the program may permit a change in the designated beneficiary of an ABLE account, made during the life of the designated beneficiary, to take effect upon the death of the designated beneficiary. The amount to be transferred pursuant to the successor beneficiary designation is subject to all of the relevant payment and tax provisions of the federal ABLE Act.

(b) Following the death of a designated beneficiary, and only after the State Department of Health Care Services has received approval by the federal Centers for Medicare and Medicaid Services, both of the following shall apply:

(1) For CalABLE accounts established on or after January 1, 2023, the following shall apply:

(A) The state shall not seek recovery pursuant to Section 14009.5 of any amount remaining in a designated beneficiary’s CalABLE account for any amount of medical assistance paid for the designated beneficiary after the establishment of the account under the state’s Medicaid plan established under Title XIX of the federal Social Security Act.

(B) The state shall not file a claim for any amount remaining in a designated beneficiary’s CalABLE account for the payment under subdivision (f) of Section 529A of the Internal Revenue Code.

(2) For CalABLE accounts and ABLE accounts established prior to January 1, 2023:

(A) The state shall not seek recovery pursuant to Section 14009.5 of any amount remaining in a designated beneficiary’s CalABLE or ABLE account for any amount of medical assistance paid for the designated beneficiary after the establishment of the account under the state’s Medicaid plan established under Title XIX of the federal Social Security Act.

(B) The state shall not file a claim for any amount remaining in a designated beneficiary’s CalABLE or ABLE account for the payment under subdivision (f) of Section 529A of the Internal Revenue Code.

history: (History: Amended by Stats. 2022, Ch. 896, Sec. 3. (AB 2216) Effective January 1, 2023.)


citation: WIC § 4890

text:
For the purposes of this chapter, the following terms have the following meanings:

(a) “Authorized representative” has the same meaning as in Section 4701.

(b) “Case file” means information or documentation provided by the grievant, and information or documentation considered, relied upon, and generated by the regional center or state-operated facility related to the grievance.

(c) “Day” means a calendar day.

(d) (1) “Grievance” means either of the following:

(A) An expression of dissatisfaction related to the regional center, service provider, or state-operated facility’s performance of the activities described in Section 441.301(c)(1) to 441.301(c)(6) of Title 42 of the Code of Federal Regulations or an individual’s rights described in Sections 4502, 4502.1 and 4503.

(B) A belief that, for a person described in paragraph (1) of subdivision (e), a right described in Sections 4502, 4502.1, or 4503 has been abused, punitively withheld, or improperly or unreasonably denied by a regional center, service provider, or state-operated facility.

(2) For the purposes of this chapter, “grievance” does not include disagreements regarding eligibility for and the provision of services to which Chapter 7 (commencing with Section 4700) applies, or regarding rates or audit appeals for which there is an appeals procedure established in regulations. This chapter does not limit rights under Chapter 7 (commencing with Section 4700).

(e) “Grievance reviewer” means an individual with subject matter expertise related to the grievance who reviews the grieved issue, including information submitted by grievant, and who was not involved in the situation or decisionmaking that resulted in the grievance, or a subordinate of a person so involved.

(f) “Grievant” means a person who files a grievance pursuant to this chapter and who meets any of the following descriptions:

(1) An individual with a developmental or intellectual disability who has applied for, been determined to be eligible to receive, or receives services from a regional center or a state-operated facility.

(2) The authorized representative of a person described in paragraph (1).

(3) (A) Any other individual who files a grievance pursuant to this chapter, with the prior written consent of a person described in paragraph (1) or (2), which meets the requirements for the release of information under the Health Insurance Portability and Accountability Act Privacy Rule in Part 164 (commencing with Section 164.102) of Subchapter C of Subtitle A of Title 45 of the Code of Federal Regulations.

(B) A service provider shall not file a grievance that would be a conflict of interest, as established by the department.

(g) “Preferred language” means the language preferred by the grievant.

(h) “Resolution plan” means a written summary of the grievance investigation and actions to be taken by a regional center, service provider, or state-operated facility to address the grievance and includes all of the following:

(1) A general description of the reason for the grievance.

(2) The date the grievance was received.

(3) The date of each grievance review or, if applicable, grievance review meeting.

(4) The resolution of the grievance, as applicable.

(5) The date of resolution of the grievance, if applicable.

(6) The name of the individual with a developmental or intellectual disability who has applied for, been determined to be eligible to receive, or actually receives, services from a regional center or a state-operated facility for whom the grievance was filed.

(i) “Retaliatory action” minimally means an adverse action, threat, intimidation, coercion, or harassment, and as a definition is subject to further development pursuant to paragraph (7) of subdivision (a) of Section 4894.

history: (History: Added by Stats. 2026, Ch. 80, Sec. 48. (SB 163) Effective July 13, 2026.)

chapter: 16. Grievance Process

path: 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED > 16. Grievance Process


citation: WIC § 4891

text:
(a) A grievant desiring to file a grievance shall submit the grievance to the department. A grievance may be submitted online, orally, or in writing by the grievant in accordance with this chapter. Upon receipt of a grievance, the grievant shall receive an acknowledgment from the department of its receipt.

(b) All applicants or individuals eligible for services, or if appropriate, their authorized representative, shall be notified in writing in their preferred language of the right to submit a grievance pursuant to this chapter from the regional center or state-operated facility upon intake or when an individual program plan is developed or modified, or upon request. The written notice shall, in plain language, explain the difference between the grievance process under this chapter and appeals regarding eligibility and service issues that are appropriate for the state hearing process pursuant to Article 3 (commencing with Section 4710) of Chapter 7.

(c) Upon request, the department and regional centers shall provide grievants with reasonable assistance in completing forms, taking procedural steps, and appropriately filing a grievance with the department.

(d) The department shall do all of the following within five days of receiving a grievance submission:

(1) Review the submission to determine if it meets the definition of a grievance pursuant to this chapter.

(2) If the submission meets the definition of a grievance pursuant to this chapter, the department shall refer the grievance to the associated regional center or state-operated facility to address.

(3) If the submission contains an indication of serious harm or risk of serious harm to an individual, the department shall expedite a referral to the regional center or state-operated facility for appropriate action.

(4) If the submission does not meet the definition of a grievance pursuant to this chapter, the department shall promptly provide reasonable assistance to redirect the matter to other appropriate processes or entities to further pursue the matter.

(e) Regional centers, state-operated facilities, and service providers shall not take punitive or retaliatory action or threat of action against a grievant, an individual served, an authorized representative, a witness, or any person who assists in or participates in a grievance under this chapter.

(f) Upon receipt of a grievance, the regional center or state-operated facility shall assign a grievance reviewer, with priority for review if the department determined there is an indication of serious harm or risk of serious harm to the individual pursuant to subdivision (d). The regional center or state-operated facility shall provide the grievant a reasonable opportunity, face-to-face including through the use of audio or video technology, or in writing, to present evidence, information, or testimony and make legal and factual arguments related to their grievance.

(g) The grievant shall be provided a copy of, or access to, the case file by the regional center or state-operated facility free of charge and within three business days from the date the grievance was referred by the department. If the grievant requests access to the consumer records outside of the case file specific to their grievance, they may request access pursuant to Article 5 (commencing with Section 4725) of Chapter 7.

(h) The regional center or state-operated facility’s grievance reviewer shall review the grievance and send a resolution plan to the grievant, the department, and, if named in the grievance, the service provider. The regional center or state-operated facility’s grievance reviewer shall produce and sign the resolution plan within 60 days of the date that the grievance was referred by the department.

(i) Resolutions included in the resolution plan shall be reasonably appropriate to resolve the grievance, and, if appropriate, prevent reoccurrence. Resolutions may include, but are not limited to, convening the individual program planning team, ongoing communication or meetings with the regional center or state-operated facility, completion of any identified steps in the resolution plan, requiring corrective action, including training, policy or implementation changes, reporting or supervision necessary to prevent recurrence, or a statement regarding the outcome of an investigation of alleged noncompliance with the home- and community-based settings rules.

(j) The department, regional center, or state-operated facility may extend the timeframe specified in subdivision (h) up to 14 days if the grievant requests the extension or if the department, regional center, or state-operated facility documents that there is need for additional information and how the delay is in the grievant’s best interest. If the department, regional center, or state-operated facility extends the timeframe not at the request of the individual or grievant, it shall do both of the following:

(1) Make reasonable efforts to give the grievant prompt oral notice of the delay.

(2) Within two days of determining that there is a need for a delay, but no later than 60 days from receipt of the grievance, give the grievant written notice of the reason for the decision to extend the timeframe.

(k) A grievant who is not satisfied with the regional center’s or state-operated facility’s resolution plan may request a review by the department within 15 days of receiving the resolution plan. An extension for good cause may be granted by the department, as defined in department directive or regulations.

(l) If a review is requested pursuant to subdivision (k), the department shall review the resolution plan for relative appropriateness to the grievance and, within 21 days, shall notify the grievant, regional center or state-operated facility, and, if named in the grievance, the service provider, of its determination. The department’s determination may affirm the resolution plan, remand the matter to the regional center or state-operated facility with written instructions for any necessary revision, or require one or more corrective actions consistent with the intent and provisions of this chapter.

(m) The department shall annually review a sample of resolution plans for each regional center and state-operated facility.

(n) (1) The department shall annually post the deidentified results of the review described in subdivision (m) on its internet website.

(2) The department shall use the review to determine operational or systemic problems within a regional center, state-operated facility, or internal to the department. The department shall identify and implement options to address identified issues, which may include, but are not limited to, providing technical assistance or training to regional centers or state-operated facilities, requiring corrective action plans with measurable outcomes and timelines, conducting monitoring or audit activities, or identifying potential policy changes. If the department identifies repeated failures to cure or meaningfully respond to substantially similar grievances, the department may, in its discretion, take additional action consistent with subdivision (d) of Section 4629.

(3) The department’s review and use of grievance data pursuant to this section is independent of, and in addition to, the resolution of any individual grievance. The department may initiate monitoring, oversight, or enforcement actions under this section regardless of how a particular grievance was resolved.

(o) The department shall annually post, at a minimum, all of the following information on its internet website:

(1) The number of grievances received by the department annually.

(2) The average number of days for each regional center or state-operated facility to respond to grievances.

(3) The number of grievances that resulted in a request for department review.

(4) The percentages of grievances that were resolved in favor of the grievant, the entity about whom the grievance was filed, or some combination thereof.

(5) The number and type of grievances that resulted in the department providing the regional center or state-operated facility technical assistance pursuant to subdivision (n).


citation: WIC § 4892

text:
(a) The department shall convene stakeholders and legislative staff no later than August 1, 2027, in order to receive input and feedback regarding the implementation of this chapter.

(b) (1) The department shall submit a report to the Legislature on the implementation of this chapter, including stakeholder input received pursuant to subdivision (a), no later than December 1, 2027.

(2) A report to be submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.

(c) Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2028.

history: (History: Added by Stats. 2026, Ch. 80, Sec. 48. (SB 163) Effective July 13, 2026. Repealed as of January 1, 2028, by its own provisions.)


citation: WIC § 4893

text: This chapter applies to any grievance filed on or after February 1, 2027. Any complaint filed prior to February 1, 2027, shall continue to be addressed pursuant to the provisions of Section 4731, as it read immediately preceding its becoming inoperative by the act that added this section.


citation: WIC § 4894

text:
(a) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement, interpret, or make specific this section by means of written directives or similar instructions, after consultation with individuals, families, caregivers, service providers, regional centers, and advocates. These directives and instructions shall maintain compliance with federal requirements and guidance issued by the federal Centers for Medicare and Medicaid Services and, prior to the adoption of regulations, shall consider all of the following:

(1) Procedures for department screening of grievances, including redirection to the appropriate process when a submission is not a grievance, and safeguards to ensure that matters subject to Chapter 7 (commencing with Section 4700) are not improperly diverted from the appeals process.

(2) Procedures for identifying grievances involving serious harm, risk of serious harm, and for requiring timely interim action when necessary to protect the health, safety, rights, or community living of the individuals.

(3) Standards for access to the grievance case file, including timely access, accessible formats, and identification of information considered, relied upon, or generated in connection with the grievance.

(4) Standards for department review of resolution plans, including factors the department shall consider in determining if a resolution plan is appropriate to the grievance.

(5) Procedures for corrective action, monitoring, technical assistance, and other actions necessary to address repeated or systemic violations.

(6) Standards for identifying and addressing conflicts of interest, including conflicts involving service providers who file or assist with grievances, regional center or state-operated facility staff who review grievances, and department staff who review resolution plans.

(7) Standards to implement subdivision (e) of Section 4891, including a definition of retaliation, examples of prohibited retaliation or threats of retaliation, procedures for preventing and responding to retaliation, and interim protections and corrective actions available when retaliation is alleged or substantiated.

(8) A definition of good cause for an individual to request review by the department more than 15 days following receipt of a resolution plan pursuant to subdivision (k) of Section 4891.

(b) These written directives or similar instructions shall be valid until regulations are adopted, which shall occur no later than January 31, 2030.


citation: WIC § 4900

text:
(a) The definitions contained in this section govern the construction of this division, unless the context requires otherwise. These definitions do not alter or impact the definitions or other provisions of the Elder Abuse and Dependent Adult Civil Protection Act (Chapter 11 (commencing with Section 15600)), or Chapter 13 (commencing with Section 15750), of Part 3 of Division 9.

(b) “Abuse” means any of the following:

(1) An act, or failure to act, that would constitute abuse as that term is defined in federal regulations pertaining to the authority of protection and advocacy agencies, including Section 51.2 of Title 42 of the Code of Federal Regulations or Section 1326.19 of Title 45 of the Code of Federal Regulations.

(2) An act, or failure to act, that would constitute abuse as that term is defined in Section 15610.07 of this code or Section 11165.6 of the Penal Code.

(3) An act, or failure to act, that was performed, or not performed, knowingly, recklessly, or intentionally, and that caused, or may have caused, injury or death to an individual with disabilities, which includes, but is not limited to, verbal, nonverbal, mental, and emotional harassment; rape or sexual assault; striking; the use of excessive force when placing the individual in bodily restraints; the use of bodily or chemical restraints that is not in compliance with federal and state laws and regulations, or any other practice that is likely to cause immediate physical or psychological harm or result in long-term harm if the practice continues.

(4) Any other violation of an individual’s legal rights determined, in its discretion, by the protection and advocacy agency to be abuse, including, but not limited to, subjecting an individual to significant financial exploitation.

(c) “Complaint” has the same meaning as “complaint” as defined in federal statutes and regulations pertaining to the authority of protection and advocacy agencies, including Section 10802(1) of Title 42 of the United States Code, Section 51.2 of Title 42 of the Code of Federal Regulations, or Section 1386.19 of Title 45 of the Code of Federal Regulations. A “complaint” includes, but is not limited to, any report or communication, whether formal or informal, or written or oral, received by the protection and advocacy agency, including, but not limited to, media accounts, newspaper articles, electronic communications, and telephone calls, including anonymous telephone calls, from any source alleging abuse or neglect of an individual with a disability.

(d) “Disability” means a developmental disability, as defined in Section 15002(8) of Title 42 of the United States Code, a mental illness, as defined in Section 10802(4) of Title 42 of the United States Code, a disability within the meaning of the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), as defined in Section 12102(2) of Title 42 of the United States Code, or a disability within the meaning of the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of the Government Code), as defined in subdivision (j) or (l) of Section 12926 of the Government Code.

(e) “Facility” or “program” means a public or private facility, program, or service provider providing services, support, care, or treatment to persons with disabilities, even if only on an as-needed basis or under contractual arrangement. “Facility,” “program,” or “service provider” includes, but is not limited to, a hospital, a long-term health care facility, a community living arrangement for people with disabilities, including a group home, a board and care home, an individual residence or apartment of a person with a disability where services are provided, a day program, a juvenile detention facility, a homeless shelter, a facility used to house or detain persons for the purpose of civil immigration proceedings, a jail, or a prison, including all general areas, as well as special, mental health, or forensic units. The term includes any facility licensed under Division 2 (commencing with Section 1200) of the Health and Safety Code and any facility that is unlicensed but is not exempt from licensure as provided in subdivision (a) of Section 1503.5 of the Health and Safety Code. The term also includes, but is not limited to, a public or private school or other institution or program providing education, training, habilitation, recreation, therapeutic, or residential services to persons with disabilities.

(f) (1) (A) “Guardian,” “conservator,” “limited conservator,” or “legal representative” means a person, including the parent of a disabled minor who has legal custody of the minor, appointed by a state court or an authorized agency, as appropriate, or otherwise authorized by law, and regularly reviewed by the appointing court or agency, if required by law, to represent and advocate for the legal rights and interests of a person with a disability.

(B) These terms do not include a person acting solely as a representative payee, a person acting solely to handle financial matters, an executor or administrator of an estate, an attorney or other person acting on behalf of an individual with a disability solely in individual legal matters, or an official or the official’s designee who is responsible for the provision of treatment, services, supports, or other assistance to an individual with a disability.

(2) With respect to an individual described under paragraph (2) of subdivision (i), the guardian, conservator, limited conservator, or legal representative is the person with the legal authority to consent to health or mental health care or treatment on behalf of the individual.

(3) With respect to an individual described under paragraph (1) or (3) of subdivision (i), the guardian, conservator, limited conservator, or legal representative is the person with the legal authority to make all decisions on behalf of the individual.

(g) “Neglect” means any of the following:

(1) A negligent act, or omission to act, that would constitute neglect as that term is defined in federal statutes and regulations pertaining to the authority of protection and advocacy agencies, including Section 10802(5) of Title 42 of the United States Code, Section 51.2 of Title 42 of the Code of Federal Regulations, or Section 1326.19 of Title 45 of the Code of Federal Regulations.

(2) A negligent act, or omission to act, that would constitute neglect as that term is defined in subdivision (b) of Section 15610.07 of this code or Section 11165.2 of the Penal Code.

(3) A negligent act, or omission to act, by an individual responsible for providing services, supports, or other assistance that caused, or may have caused, injury or death to an individual with a disability or that placed an individual with a disability at risk of injury or death, and includes, but is not limited to, the failure to establish or carry out an appropriate individual program plan or treatment plan, which includes a discharge plan; provide adequate nutrition, clothing, or health care to an individual with a disability; or provide a safe environment, which may include failing to maintain an adequate number of trained staff or failing to take appropriate steps to prevent self-abuse, harassment, or assault by a peer.

(h) “Probable cause” to believe that an individual has been or may be subject to abuse or neglect or that the health or safety of the individual is in serious and immediate jeopardy, exists when the protection and advocacy agency determines that it is objectively reasonable for a person to entertain that belief. The individual making a probable cause determination may base the decision on reasonable inferences drawn from their experience or training regarding similar incidents, conditions, or problems that are usually associated with abuse or neglect. Information supporting a probable cause determination may result from monitoring or other activities, including, but not limited to, media reports and newspaper articles.

(i) “Protection and advocacy agency” means the private nonprofit corporation designated by the Governor in this state pursuant to federal law for the protection and advocacy of the rights of persons with disabilities, including the following:

(1) People with developmental disabilities, as authorized under the federal Developmental Disabilities Assistance and Bill of Rights Act of 2000, contained in Chapter 144 (commencing with Section 15001) of Title 42 of the United States Code.

(2) People with mental illness, as authorized under the federal Protection and Advocacy for Mentally Ill Individuals Amendments Act of 1991, contained in Chapter 114 (commencing with Section 10801) of Title 42 of the United States Code.

(3) People with disabilities within the meaning of the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.) as defined in Section 12102(2) of Title 42 of the United States Code, who do not have a developmental disability as defined in Section 15002(8) of Title 42 of the United States Code, people with a mental illness as defined in Section 10802(4) of Title 42 of the United States Code, and who are receiving services under the federal Protection and Advocacy of Individual Rights Act as defined in Section 794e of Title 29 of the United States Code, or people with a disability within the meaning of the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of the Government Code), as defined in subdivision (j) or (l) of Section 12926 of the Government Code.

(j) “Reasonable unaccompanied access” means access that permits the protection and advocacy agency, without undue interference, to monitor, inspect, and observe conditions in facilities and programs, to meet and communicate with residents and service recipients privately and confidentially on a regular basis, formally or informally, including, but not limited to, by telephone, mail, electronic mail, and in person, and to review records privately and confidentially, in a manner that minimizes interference with the activities of the facility, program, or service provider that respects privacy interests and honors requests to terminate an interview, and that does not jeopardize the physical health or safety of facility, program, or service provider staff, individuals with disabilities, service recipients, or protection and advocacy agency staff. Except as otherwise required by law, the protection and advocacy agency shall not be required to provide the name or other identifying information regarding the individual with a disability or staff with whom it plans to meet or justify or explain its interactions with those persons. Upon request of facility staff, the protection and advocacy agency shall provide the specific location or locations at a facility where it intends to monitor, inspect, or observe conditions and meet and communicate with residents or staff.

history: (History: Amended by Stats. 2019, Ch. 548, Sec. 1. (SB 398) Effective January 1, 2020.)

division: 4.7. PROTECTION AND ADVOCACY AGENCY

chapter: 1. Definitions

path: 4.7. PROTECTION AND ADVOCACY AGENCY > 1. Definitions


citation: WIC § 4901

text:
(a) The protection and advocacy agency, for purposes of this division, shall be a private nonprofit corporation and shall meet all of the requirements of federal law applicable to protection and advocacy systems, including, but not limited to, the requirement that it establish a grievance procedure for clients or prospective clients of the system to ensure that people with disabilities have full access to services of the system.

(b) State officers and employees, in taking any action relating to the protection and advocacy agency, shall meet the requirements of federal law applicable to protection and advocacy systems.

(c) The authority of the protection and advocacy agency set forth in this division shall not diminish the authority of the protection and advocacy agency under federal statutes pertaining to the authority of protection and advocacy systems, or under federal rules and regulations adopted in implementation of those statutes.

(d) Nothing in this division shall be construed to supplant the jurisdiction or the responsibilities of adult protective services programs pursuant to Chapter 11 (commencing with Section 15600), or Chapter 13 (commencing with Section 15750), of Part 3 of Division 9.

(e) (1) Nothing in this division shall be construed to supplant the duties or authority of the State Long-Term Care Ombudsman Program pursuant to Chapter 11 (commencing with Section 9700) of Division 8.5.

(2) The protection and advocacy agency shall cooperate with the Office of the State Long-Term Care Ombudsman when appropriate, as provided in Section 9717.

(f) (1) Nothing in this division shall be construed to alter or impact the Elder and Dependent Adult Civil Protection Act (Chapter 11 (commencing with Section 15600), or Chapter 13 (commencing with Section 15750), of Part 3 of Division 9, including the confidentiality requirements of Section 15633 and the legal responsibility of the protection and advocacy agency to report elder or dependent adult abuse or neglect as required by paragraph (1) of subdivision (b) of Section 15630.

(2) The adult protective services agency shall retain the responsibility to investigate any report of abuse or neglect in accordance with Chapter 13 (commencing with Section 15750) of Part 3 of Division 9 when the reported abuse or neglect is within the jurisdiction of the adult protective services agency.

history: (History: Amended by Stats. 2003, Ch. 878, Sec. 5. Effective January 1, 2004.)


citation: WIC § 4902

text:
(a) The protection and advocacy agency, in protecting and advocating for the rights of people with disabilities, pursuant to the federal mandate, may exercise any authority specified in this section when one or more of the following occurs:

(1) The agency receives a complaint or report of alleged abuse or neglect, or of an incident in which an individual is in serious and immediate jeopardy.

(2) The agency determines that probable cause exists that an individual has been or may be subject to abuse or neglect.

(3) The agency determines that the health or safety of an individual is in serious and immediate jeopardy.

(b) If subdivision (a) applies, the protections and advocacy agency may exercise the authority granted pursuant to subdivision (a) to do all of the following:

(1) Investigate any incident of alleged abuse or neglect of any person with a disability. This authority includes reasonable unaccompanied access to a facility, program, or service provider, and authority to examine all relevant records and interview any facility, program, or service provider recipient, employee, or other person who may have knowledge of the alleged abuse or neglect.

(2) Pursue administrative, legal, and other appropriate remedies or approaches to ensure the protection of the rights of people with disabilities.

(3) Provide information and training on, and referral to, programs and services addressing the needs of people with disabilities, including information and training regarding individual rights and the services available from the protection and advocacy agency.

(4) Monitor a facility’s, program’s, or service provider’s compliance with respect to the rights and safety of individuals with disabilities.

(c) The protection and advocacy agency and its authorized agents shall, in addition, have reasonable unaccompanied access to public or private facilities, programs, and service providers, including all areas of the facility, program, or service providers’ premises that are used by, or accessible to, individuals with disabilities and reasonable unaccompanied access to those persons.

(1) (A) The protection and advocacy agency shall have reasonable unaccompanied access to all public or private facilities, programs, or service providers, including to users of those facilities, programs, and services, at all times as are necessary, and without advance notice, to investigate incidents of alleged abuse and neglect in accord with paragraph (1) of subdivision (b).

(B) Access pursuant to this paragraph includes the opportunity to interview any individual with a disability, employee, or other person, including a person alleged to be the victim of abuse, who might be reasonably believed by the protection and advocacy agency to have knowledge of an incident under investigation. Except as otherwise required by law, the protection and advocacy agency shall not be required to provide the name or other identifying information regarding any individual with a disability or staff with whom it plans to meet or to justify or explain its interactions with those persons.

(C) Access to an individual pursuant to this paragraph shall be afforded immediately, except as otherwise provided in paragraph (3), upon request.

(2) The protection and advocacy agency shall have reasonable unaccompanied access during reasonable times, which, at a minimum, includes normal working hours and visiting hours, for other advocacy services. Protection and advocacy agency activities shall be conducted so as to minimize interference with service provider programs, respect individuals with disabilities’ privacy interests, and honor a recipient’s request to terminate an interview. This access includes, but is not limited to, all of the following:

(A) Providing information and training on, and referral to programs addressing the needs of, individuals with disabilities, and information and training on individual rights and the protection and advocacy services available from the agency, including, but not limited to, the name, address, and telephone number of the protection and advocacy agency. The protection and advocacy agency shall be permitted to post, in an area in which individuals with disabilities receive services, a poster that identifies the services available from the protection and advocacy agency and the name, address, and telephone number of the protection and advocacy agency.

(B) Monitoring compliance with respect to the rights and safety of residents or service recipients.

(C) Inspecting, viewing, and photographing all areas of the facility, program, or service provider’s premises that are used by individuals with disabilities, or that are accessible to them, but does not include photographing or video recording individuals with disabilities without their consent.

(3) (A) If the protection and advocacy agency’s access to facilities, programs, service providers, service recipients, or individual with a disability is delayed or denied by a facility, program, or service provider, the facility, program, or service provider shall promptly provide the agency with a written statement of reasons. In the case of denial of access for alleged lack of authorization, the facility, program, or service provider shall promptly provide to the agency the name, address, and telephone number of the guardian, conservator, limited conservator, or other legal representative of the individual with a disability for whom authorization is required. Access to a facility, program, service provider, service recipient, or individual with a disability shall not be delayed or denied without the prompt provision of a written statement of the reasons for the denial.

(B) A facility, program, or service provider shall not be required to afford immediate access if complying with the request would interfere with treatment or therapy to be provided to an individual with a disability. If access to an individual must be delayed beyond 24 hours to allow for the provision of treatment or therapy, the protection and advocacy agency shall receive access as soon as possible thereafter.

(C) If a facility, program, or service provider denies the protection and advocacy agency’s access to an individual with a disability on the grounds specified in subparagraph (B), the facility, program, or service provider shall, within 24 hours of the request, provide the protection and advocacy agency with a written statement from a physician, or, in the case of a state-operated mental health facility, a member of the treatment team, stating that access to the individual will interfere with the individual’s treatment or therapy, and the time and circumstances under which the protection and advocacy agency can interview the individual. If the physician, or, in the case of a state-operated mental health facility, a member of the treatment team, states that the individual cannot be interviewed within 24 hours of the protection and advocacy agency being provided the written statement, the protection and advocacy agency and the facility, program, or service provider shall engage in a good faith interactive process to determine when, and under what circumstances, the individual may be interviewed. If the protection and advocacy agency and the facility, program, or service provider are unable to agree upon the time and circumstance, they shall select a mutually agreeable independent physician, or, in the case of a state-operated mental health facility, a mutually agreeable physician employed by a state-operated mental health facility who does not have a history of treating the patient, who will determine when, and under what circumstances, the individual may be interviewed. The expense of the independent physician’s services shall be paid for by the facility, program, or service provider. Individuals with disabilities subject to the requirements in this paragraph include adults and minors who have guardians, limited conservators, conservators, or other legal representatives.

(d) The protection and advocacy agency shall be permitted to attend treatment planning meetings concerning individuals with disabilities, with the consent of the individual or the individual’s guardian, conservator, limited conservator, or other legal representative, except that consent is not required if the individual, due to their mental or physical condition, is unable to authorize the protection and advocacy agency to have access to a treatment planning meeting and either the individual does not have a guardian, conservator, limited conservator, or other legal representative, or the individual’s guardian, conservator, limited conservator, or other legal representative is the state or one of its political subdivisions. The protection and advocacy agency shall not attend treatment planning meetings if the individual objects on the individual’s own behalf to the protection and advocacy agency’s attendance at the treatment planning meetings.

(e) The protection and advocacy agency shall not enter an individual residence or apartment of a client or the client’s family without the consent of an adult occupant. In the absence of this consent, the protection and advocacy agency may enter only if it has obtained the legal authority to enforce its access authority pursuant to legal remedies available under this division or applicable federal law.

history: (History: Amended by Stats. 2019, Ch. 548, Sec. 2. (SB 398) Effective January 1, 2020.)