AB 138 — Human services.

Summary

(1) Existing law establishes the State Department of Developmental Services and vests in the department jurisdiction over various state hospitals, referred to as developmental centers, to provide care to persons with developmental disabilities. Existing law requires the department to contract with regional centers to provide services and supports to individuals with developmental disabilities and their families. Existing law requires a regional center to notify the appropriate regional resource development project when the regional center determines or is informed, as specified, that the community placement of a consumer is at risk of failing and that admittance to an acute crisis home operated by the department is a likelihood or the regional center is notified by a court of a potential admission to an acute crisis home operated by the department. Existing law requires the department to notify the court, in writing, if the regional resource development project determines that a consumer cannot be safely served in an acute crisis home operated by the department, as specified. This bill would require the department, when the regional resource development project determines that a consumer cannot be safely served in an acute crisis home operated by the department, to continue to work jointly with the regional center to identify or develop alternative services and supports and implement the alternative services and supports that are identified or developed. Existing law prohibits the regional resource development project, in consultation with specific parties, from making a determination that admittance to an acute crisis home operated by the department is necessary unless the determination includes a regional center report that details all considered community-based services and supports, including a crisis home and an explanation why the options could not meet the consumer's needs. The bill would also require the determination that admittance to an acute crisis home is necessary to include consideration of a supported living arrangement, among other options. This bill would prohibit an acute crisis home operated by the department from utilizing specific interventions, including, among other things, prone restraints and seclusion, as defined. (2) Existing law requires the State Department of Developmental Services, no later than April 1, as specified, to submit a detailed plan to the Legislature whenever the department proposes the closure of a state developmental center. Existing law requires the department, in conjunction with the Governor's proposed 2023–24 budget, to submit to the Legislature an updated version of a specified safety net plan regarding how the department will provide access to crisis services after the closure of a developmental center and how the state will maintain its role in providing residential services to those whom private sector vendors cannot or will not serve. Existing law requires the plan update, among other provisions, to evaluate the progress made to create a safety net, including services or residences intended to facilitate transitions or diversions from institutions for mental disease, the Canyon Springs Community Facility, the secure treatment program at Porterville Developmental Center, prisons or jails, or other restrictive settings. This bill would authorize the establishment of a residential program in the community for adolescents and adults with complex needs, as defined, as part of the safety net plan to provide access to crisis services, as described above. The bill would authorize the development of up to 3 complex needs homes, as defined, with a maximum capacity of 5 beds per home and would prohibit any stay in a complex needs home from exceeding 18 months, except as specified. The bill establishes certain procedures to be followed prior to, and following, a consumer's admission to a complex needs home due to an acute crisis, as defined. The bill would authorize the department to execute leases, lease-purchases, or leases with the option to purchase for real property necessary for the establishment or maintenance of homes to serve as complex needs homes, as specified. The bill would prohibit complex needs homes from utilizing specified interventions on consumers, including, among other things, prone restraints and seclusion, as defined. (3) Existing law, the Lanterman Developmental Disabilities Services Act (Lanterman Act) , requires the State Department of Developmental Services to enter into contracts with private nonprofit corporations to operate regional centers in order to provide community services and supports for persons with developmental disabilities and their families. The act authorizes the Director of Developmental Services to issue directives to the regional centers as the director deems necessary to protect consumer rights, health, safety, or welfare, or as specified. This bill would state legislative intent to provide consistency and uniformity and promote equity within the administrative practices and services of regional centers. Under the bill, written directives issued by the department would be consistent with the Lanterman Act and would not interfere with the discretion of the individual program planning team to determine the needs and services appropriate for the person. The bill would require the department, by specified deadlines, to take certain standardization-related steps on regional center services in various matters, including common data definitions promoting access and equity, demographic information recording, respite services, person-centered services planning, vendorization procedures, and the intake process, as specified. The bill would impose certain implementation and reporting requirements and timelines for regional centers in response to some of that standardization. The bill would require the department to provide certain information on the coordination of generic services, to explore the feasibility of including the functionality in the department's new case management system to track utilization of generic services, and to evaluate the availability of common services and supports, as specified. The bill would require the department to update the Legislature on the implementation of the above-described standardization and information-sharing provisions. Under existing law, a person believed to have a developmental disability, or a person believed to have a high risk of parenting a developmentally disabled infant, is eligible for initial intake and assessment services in a regional center. Existing law requires that the initial intake be performed within 15 working days following request for assistance, as specified. Existing law requires a regional center to communicate in the consumer's native language, as specified. This bill would require a regional center, commencing on January 1, 2025, to take certain actions by the end of the 15-day initial intake period, including an eligibility or assessment determination and certain notices to the individual or designated persons of the regional center's action or determination. The bill would require a regional center to communicate in the consumer's preferred language instead. (4) Existing law authorizes the Director of General Services, with the consent of the State Department of Developmental Services, to let in the best interests of the state and at a price which will permit the development of affordable housing for employees of Fairview State Hospital and to provide transitional housing for patient-clients of Fairview State Hospital returning to the community, to any person, including, but not limited to, any corporation or partnership, real property not exceeding 60 acres located within the grounds of Fairview State Hospital, for the purpose of developing affordable housing, as specified. This bill would authorize the Director of General Services, with the approval of the State Department of Developmental Services, to amend the existing lease established pursuant to above-described provisions to include a portion of the Fairview Developmental Center property for the purpose of developing complex needs homes, as specified. The bill would require the lease amendment to include a management agreement between the lessee and the State Department of Developmental Services, as specified, and would require the management agreement to allow the department to determine the type of housing units to be developed for providing services to individuals with complex needs, as defined, and to give the department the first right of refusal for all housing established pursuant to the above-described provisions. The bill would also authorize the department to utilize support funds to facilitate the demolition of any existing improvements in the area of the lease amendment, as specified. (5) Existing law establishes a workers' compensation system, administered by the Administrative Director of the Division of Workers' Compensation, to compensate an employee for injuries sustained in the course of the employee's employment. Existing law requires every employer, except the state, to secure payment of compensation by being insured or by securing a certificate of consent to self-insure. Existing state and federal laws provide for the establishment of vending facilities to be operated by blind vendors on state and federal property. The program is administered by the Director of Rehabilitation, and requires the director to establish the Business Enterprises Program for the Blind, and to encourage and establish these vending facilities. Existing law requires participants in the program to be licensed and authorizes the department to set aside net proceeds of the operation of the vending facilities for business-related insurance. This bill would require vendors licensed by the department to operate those vending facilities with workers' compensation insurance provided by the program through the program's group policy. The bill would authorize the department to secure payment of compensation through a self-insurance fund or insurance and to establish additional self-insurance or insurance against operational or financial risks, subject to certain limitations. The bill would clarify that vendors and their employees are not employees of the state within certain legal definitions. (6) Existing law generally sets forth the procedures and requirements for the adoption of a child. Existing law makes it a crime for an unlicensed person or organization to advertise that they or it will place, accept, supply, provide, or obtain children for adoption, or to cause any advertisement to be published in or by any public medium soliciting, requesting, or asking for any child or children for adoption, unless the person or organization is exempt from licensure, including, among others, an adoption service provider. Existing law makes it a crime for an unlicensed person, organization, association, or corporation to seek to place a child for adoption, unless the person or organization is exempt from licensure, including, among others, an adoption service provider or the birth parent. This bill would remove adoption service providers from the list of exempted persons or organizations described above and would refer to the legal parent instead of the birth parent. By changing the scope of existing crimes, this bill would impose a state-mandated local program. Existing law requires any person or organization that performs any of the functions of an adoption agency or holds itself out as performing any of the functions of an adoption agency, as specified, without a valid and unrevoked license issued by the State Department of Social Services to be deemed an unlicensed adoption agency. This bill would provide an exception to the above provision if those actions are otherwise permitted under California law. Existing law requires petitioners in a proceeding for adoption of a child to file with the court a full accounting report, as specified, of all disbursements of anything of value made or agreed to be made by them or on their behalf in connection with the birth of the child, the placement of the child with the petitioners, any medical or hospital care received by the child's birth mother or by the child in connection with the child's birth, any other expenses of either birth parent, or the adoption. Existing law exempts from this provision an adoption by a stepparent where one birth parent or adoptive parent retains custody and control of the child. This bill would instead exempt from this provision an adoption by a stepparent if at least one legal parent retains custody and control of the child. (7) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. (8) The Budget Act of 2021 made appropriations for the support of state government for the 2021−22 fiscal year. This bill would reappropriate specified amounts from the Budget Act of 2021 to extend the period to liquidate encumbrances of those funds to March 31, 2025. (9) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.

Bill Text

• Amended 08/27/23 - Amended Senate Current pdf August 27, 2023
• Amended 02/01/23 - Amended Assembly pdf February 01, 2023
• Introduced 01/09/23 - Introduced pdf January 09, 2023
• AB138 View text html

Action History

1. September 13, 2023

   Re-referred to Com. on B. & F.R.

2. August 31, 2023

   Read second time. Ordered to third reading.

3. August 30, 2023

   From committee: Do pass. (Ayes 18. Noes 0.) (August 30).

4. August 27, 2023

   From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on B. & F.R.

5. June 26, 2023

   In committee: Hearing postponed by committee.

6. April 12, 2023

   Referred to Com. on B. & F.R.

7. March 23, 2023

   In Senate. Read first time. To Com. on RLS. for assignment.

8. March 23, 2023

   Read third time. Passed. Ordered to the Senate. (Ayes 60. Noes 14. Page 847.)

9. March 21, 2023

   Read second time. Ordered to third reading.

10. March 20, 2023

    Ordered to second reading.

11. March 20, 2023

    Withdrawn from committee.

12. March 20, 2023

    Assembly Rule 96 suspended. (Ayes 61. Noes 17. Page 732.)

13. February 02, 2023

    Re-referred to Com. on BUDGET.

14. February 01, 2023

    From committee chair, with author's amendments: Amend, and re-refer to Com. on BUDGET. Read second time and amended.

15. January 26, 2023

    Referred to Com. on BUDGET.

16. January 10, 2023

    From printer. May be heard in committee February 9.

17. January 09, 2023

    Read first time. To print.

Sponsors

• Committee on Budget · Primary

Votes

Subjects