California 2011-2012 Regular Session Status: Enacted

SB 368 — Developmental services: decisionmaking.

Last action — Chaptered by Secretary of State. Chapter 471, Statutes of 2011.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 15, 2011. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 10 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing law authorizes a peace officer, without a warrant, to take into temporary custody a minor when the officer has reasonable cause for believing that the minor is in danger, as specified. Existing law provides for a hearing process to deem the child a dependent child of the court. Under existing law, during the hearing process the court is authorized to temporarily limit the right of a parent or guardian to make educational decisions for the child and to temporarily appoint, or make itself, these decisions, as specified. Under existing law, once the minor is adjudged a dependent child of the court, the court may limit the ability of a parent or guardian to make educational decisions for the minor. This bill would authorize the court to limit the right of a parent or guardian to make decisions about developmental services and to appoint a responsible adult, or to make itself, those decisions, as specified. Under existing law, a minor may be adjudged a ward of the court for specified reasons. The court may limit the control to be exercised over the ward by a parent or guardian, including educational decisionmaking, and appoint a responsible adult, as specified, to make those decisions. This bill would extend those provisions to decisions relating to developmental services. Existing law authorizes, during the pendency of any juvenile proceeding, the minor's counsel or the court to express a doubt as to the minor's competency. Existing law requires proceedings to be suspended if the court finds substantial evidence raises a doubt as to the minor's competency. Existing law requires the court to appoint an expert, as specified, to evaluate whether the minor suffers from a mental disorder or developmental immaturity, or other condition and, if so, whether the condition impairs the minor's competency. This bill would require that the court appoint an expert, as specified, to evaluate whether the minor suffers from a developmental disability. This bill would also require the court to appoint the director of a regional center for developmentally disabled individuals, or his or her designee, to evaluate the minor if the expert believes the minor is developmentally disabled, as prescribed, and would make related changes. Under existing law, the Lanterman Developmental Disabilities Services Act, the State Department of Developmental Services is authorized to contract with regional centers to provide support and services to individuals with developmental disabilities. The services and supports to be provided to a regional center consumer are contained in an individual program plan (IPP) , developed in accordance with prescribed requirements through an individual program planning process. Existing law defines "authorized representative" for purposes of the act to include a person having legal custody of a minor claimant or a person with written authority to act as representative of the claimant. This bill would add to the definition of "authorized representative" a responsible adult appointed through a court order made pursuant to the limitation of developmental services decisionmaking authority, as set forth above, and who does not have a conflict of interest, as defined. The bill would give a court-appointed developmental services decisionmaker the right to access the minor's information, to participate in the IPP process, and to participate in the fair hearing process. This bill would incorporate additional changes in Sections 4514 and 5328 of the Welfare and Institutions Code, proposed by SB 146, to be operative only if SB 146 and this bill are both chaptered and become effective on or before January 1, 2012, and this bill is chaptered last.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 471, Statutes of 2011.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 11:30 a.m.

  4. Assembly amendments concurred in. (Ayes 40. Noes 0. Page 2411.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 76. Noes 0. Page 3006.) Ordered to the Senate.

  7. Ordered to third reading.

  8. Read third time and amended. (Ayes 74. Noes 0. Page 2815.)

  9. Ordered to third reading.

  10. Action rescinded whereby the bill was read a third time, passed, and ordered to Senate.

  11. In Assembly. Held at Desk.

  12. Ordered to the Assembly.

  13. In Senate. Concurrence in Assembly amendments pending.

  14. Read third time. Passed. (Ayes 78. Noes 0. Page 2595.) Ordered to the Senate.

  15. Read second time. Ordered to consent calendar.

  16. From committee: Do pass. Ordered to consent calendar. (Ayes 17. Noes 0.) (August 17).

  17. From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.

  18. Read second time and amended. Re-referred to Com. on APPR.

  19. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (June 28).

  20. Referred to Com. on HUM. S.

  21. In Assembly. Read first time. Held at Desk.

  22. Read third time. Passed. (Ayes 40. Noes 0. Page 1238.) Ordered to the Assembly.

  23. Read second time and amended. Ordered to third reading.

  24. From committee: Do pass as amended. (Ayes 8. Noes 0. Page 1116.) (May 26).

  25. Set for hearing May 26.

  26. Placed on APPR. suspense file.

  27. Set for hearing May 23.

  28. Hearing postponed by committee.

  29. Set for hearing May 2.

  30. From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0. Page 641.) (April 12). Re-referred to Com. on APPR.

  31. From committee with author's amendments. Read second time and amended. Re-referred to Com. on HUMAN S.

  32. Set for hearing April 12.

  33. Referred to Com. on HUMAN S.

  34. From printer. May be acted upon on or after March 18.

  35. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Liu · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Liu

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Unfinished Business SB368 Liu Concurrence

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 37000
Republican 1000
Democratic 2000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)
Member Party Vote
Yee — Yea
Wyland — Yea
Cannella — Yea
Fuller — Yea
Hancock — Yea
Harman — Yea
Correa — Yea
Huff — Yea
Runner — Yea
Lowenthal — Yea
DeSaulnier — Yea
De León — Yea
Negrete McLeod — Yea
Lieu — Yea
Pavley — Yea
Simitian — Yea
Steinberg — Yea
Walters — Yea
Wolk — Yea
Wright — Yea
Rubio — Yea
Evans — Yea
Leno — Yea
Alquist — Yea
Corbett — Yea
Dutton — Yea
Vargas — Yea
Anderson — Yea
Blakeslee — Yea
Hernandez — Yea
Kehoe — Yea
Liu — Yea
Price — Yea
Emmerson — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
La Malfa — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

SB 368 Liu Senate Third Reading By BEALL

Passed 76 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 73004
Republican 2000
Democratic 1000
Total 76004
% of votes cast 95%0%0%5%
How each member voted (80)
Member Party Vote
Gordon — Yea
Fuentes — Yea
Butler — Yea
Galgiani — Yea
Gatto — Yea
Carter — Yea
Hagman — Yea
Harkey — Yea
Fong — Yea
Cedillo — Yea
Hayashi — Yea
Allen — Yea
Huber — Yea
Hueso — Yea
Portantino — Yea
Campos — Yea
Bonilla — Yea
Atkins — Yea
Halderman — Yea
Hall — Yea
Chesbro — Yea
Beall — Yea
Dickinson — Yea
Mendoza — Yea
Miller — Yea
Monning — Yea
Morrell — Yea
Nielsen — Yea
Norby — Yea
Pan — Yea
Torres — Yea
Yamada — Yea
Gorell — Not Voting
Mansoor — Not Voting
Williams — Not Voting
John A. Pérez — Yea
Mitchell — Yea
Fletcher — Yea
Alejo — Yea
Blumenfield — Yea
Conway — Yea
Cook — Yea
Davis — Yea
Logue — Yea
Nestande — Yea
Olsen — Yea
Perea — Yea
Silva — Yea
Smyth — Yea
Swanson — Yea
Achadjian — Yea
Ammiano — Yea
Block — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hill — Yea
Huffman — Yea
Jeffries — Yea
Knight — Yea
Lara — Yea
Ma — Yea
Skinner — Yea
Solorio — Yea
Valadao — Yea
Wagner — Yea
Wieckowski — Yea
Eng — Yea
Feuer — Yea
Donnelly — Yea
Furutani — Not Voting
Garrick — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

SB 368 Liu Senate Third Reading By BEALL Amend By BEALL Set #1

Passed 74 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 71006
Republican 2000
Democratic 1000
Total 74006
% of votes cast 93%0%0%8%
How each member voted (80)
Member Party Vote
Gorell — Not Voting
Halderman — Not Voting
Eng — Yea
Feuer — Yea
Hill — Yea
Huber — Yea
Butler — Yea
Carter — Yea
Cedillo — Yea
Logue — Yea
Fong — Yea
Allen — Yea
Conway — Yea
Cook — Yea
Olsen — Yea
Wagner — Yea
Williams — Yea
Yamada — Yea
Furutani — Not Voting
Galgiani — Yea
Campos — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Fletcher — Yea
Gatto — Yea
Gordon — Yea
Atkins — Yea
Hagman — Yea
Hall — Yea
Bonilla — Not Voting
Chesbro — Yea
Davis — Not Voting
Ammiano — Yea
Block — Yea
Hayashi — Yea
Blumenfield — Yea
Dickinson — Yea
Donnelly — Not Voting
Huffman — Yea
Jeffries — Yea
Lara — Yea
Ma — Yea
Miller — Yea
Nestande — Yea
Nielsen — Yea
Pan — Yea
Perea — Yea
Skinner — Yea
Smyth — Yea
Swanson — Yea
Torres — Yea
Wieckowski — Yea
Achadjian — Yea
Alejo — Yea
Beall — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Yea
Hueso — Yea
Knight — Yea
Mansoor — Yea
Mendoza — Yea
Monning — Yea
Morrell — Yea
Norby — Yea
Silva — Yea
Solorio — Yea
Valadao — Yea
Fuentes — Yea
Garrick — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

SB 368 Liu Consent Calendar Second Day

Passed 78 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 75002
Democratic 1000
Republican 2000
Total 78002
% of votes cast 98%0%0%3%
How each member voted (80)
Member Party Vote
Gorell — Not Voting
Hall — Yea
Yamada — Yea
Feuer — Yea
Hagman — Yea
Halderman — Yea
Hill — Yea
John A. Pérez — Yea
Mitchell — Yea
Huber — Yea
Hueso — Yea
Atkins — Yea
Butler — Yea
Knight — Yea
Logue — Yea
Campos — Yea
Portantino — Yea
Mendoza — Yea
Miller — Yea
Carter — Yea
Allen — Yea
Olsen — Yea
Alejo — Yea
Cedillo — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Davis — Yea
Donnelly — Yea
Silva — Yea
Skinner — Yea
Swanson — Yea
Wagner — Yea
Wieckowski — Yea
Williams — Yea
Harkey — Yea
Huffman — Yea
Fong — Yea
Fletcher — Yea
Bonilla — Not Voting
Galgiani — Yea
Gordon — Yea
Hayashi — Yea
Lara — Yea
Monning — Yea
Morrell — Yea
Nestande — Yea
Nielsen — Yea
Smyth — Yea
Torres — Yea
Achadjian — Yea
Ammiano — Yea
Beall — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Jeffries — Yea
Ma — Yea
Mansoor — Yea
Norby — Yea
Pan — Yea
Perea — Yea
Solorio — Yea
Valadao — Yea
Eng — Yea
Dickinson — Yea
Fuentes — Yea
Furutani — Yea
Garrick — Yea
Gatto — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass, to Consent Calendar.

Passed 17 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 16000
Democratic 1000
Total 17000
% of votes cast 100%0%0%0%
How each member voted (17)
Member Party Vote
Fuentes — Yea
Gatto — Yea
Harkey — Yea
Hill — Yea
Lara — Yea
Nielsen — Yea
Norby — Yea
Wagner — Yea
Mitchell — Yea
Campos — Yea
Hall — Yea
Donnelly — Yea
Solorio — Yea
Blumenfield — Yea
Bradford — Yea
Davis — Yea
Calderon, Lisa Democratic Yea

Official roll call →

3rd Reading

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 37000
Republican 1000
Democratic 2000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Yea
Runner — Yea
Lowenthal — Yea
Cannella — Yea
De León — Yea
Negrete McLeod — Yea
Evans — Yea
Rubio — Yea
Harman — Yea
Corbett — Yea
Hernandez — Yea
Anderson — Yea
Dutton — Yea
Lieu — Yea
Liu — Yea
Price — Yea
Simitian — Yea
Vargas — Yea
Walters — Yea
Wolk — Yea
Wright — Yea
Alquist — Yea
Blakeslee — Yea
Huff — Yea
Kehoe — Yea
Leno — Yea
Pavley — Yea
Steinberg — Yea
Wyland — Yea
Emmerson — Yea
Correa — Yea
DeSaulnier — Yea
Fuller — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
La Malfa — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass as amended.

Passed 8 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 8001
Total 8001
% of votes cast 89%0%0%11%
How each member voted (9)
Member Party Vote
Runner — Yea
Kehoe — Yea
Pavley — Yea
Walters — Yea
Alquist — Yea
Lieu — Yea
Price — Yea
Steinberg — Yea
Emmerson — Not Voting

Official roll call →

Placed on Appropriations Suspense file.

Passed 9 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 9000
Total 9000
% of votes cast 100%0%0%0%
How each member voted (9)
Member Party Vote
Runner — Yea
Walters — Yea
Alquist — Yea
Kehoe — Yea
Lieu — Yea
Pavley — Yea
Price — Yea
Steinberg — Yea
Emmerson — Yea

Official roll call →

Subjects

public-safety education health-insurance
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 368 do?
Existing law authorizes a peace officer, without a warrant, to take into temporary custody a minor when the officer has reasonable cause for believing that the minor is in danger, as specified. Existing law provides for a hearing process to deem the child a dependent child of the court. Under existing law, during the hearing process the court is authorized to temporarily limit the right of a parent or guardian to make educational decisions for the child and to temporarily appoint, or make itself, these decisions, as specified. Under existing law, once the minor is adjudged a dependent child of the court, the court may limit the ability of a parent or guardian to make educational decisions for the minor. This bill would authorize the court to limit the right of a parent or guardian to make decisions about developmental services and to appoint a responsible adult, or to make itself, those decisions, as specified. Under existing law, a minor may be adjudged a ward of the court for specified reasons. The court may limit the control to be exercised over the ward by a parent or guardian, including educational decisionmaking, and appoint a responsible adult, as specified, to make those decisions. This bill would extend those provisions to decisions relating to developmental services. Existing law authorizes, during the pendency of any juvenile proceeding, the minor's counsel or the court to express a doubt as to the minor's competency. Existing law requires proceedings to be suspended if the court finds substantial evidence raises a doubt as to the minor's competency. Existing law requires the court to appoint an expert, as specified, to evaluate whether the minor suffers from a mental disorder or developmental immaturity, or other condition and, if so, whether the condition impairs the minor's competency. This bill would require that the court appoint an expert, as specified, to evaluate whether the minor suffers from a developmental disability. This bill would also require the court to appoint the director of a regional center for developmentally disabled individuals, or his or her designee, to evaluate the minor if the expert believes the minor is developmentally disabled, as prescribed, and would make related changes. Under existing law, the Lanterman Developmental Disabilities Services Act, the State Department of Developmental Services is authorized to contract with regional centers to provide support and services to individuals with developmental disabilities. The services and supports to be provided to a regional center consumer are contained in an individual program plan (IPP) , developed in accordance with prescribed requirements through an individual program planning process. Existing law defines "authorized representative" for purposes of the act to include a person having legal custody of a minor claimant or a person with written authority to act as representative of the claimant. This bill would add to the definition of "authorized representative" a responsible adult appointed through a court order made pursuant to the limitation of developmental services decisionmaking authority, as set forth above, and who does not have a conflict of interest, as defined. The bill would give a court-appointed developmental services decisionmaker the right to access the minor's information, to participate in the IPP process, and to participate in the fair hearing process. This bill would incorporate additional changes in Sections 4514 and 5328 of the Welfare and Institutions Code, proposed by SB 146, to be operative only if SB 146 and this bill are both chaptered and become effective on or before January 1, 2012, and this bill is chaptered last.
Who sponsors SB 368?
SB 368 is sponsored by Liu.
What is the current status of SB 368?
This bill has been enacted into law. Introduced February 15, 2011. Enacted.
Where can I track SB 368?
Track SB 368 free on One Click Politics — get push/email alerts when it moves.

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