Bill Full Text
Home
-
Bills
-
Bill
-
Authors
-
Dates
-
Locations
-
Analyses
-
Organizations
<?xml version="1.0" ?>
<ns0:MeasureDoc xmlns:html="http://www.w3.org/1999/xhtml" xmlns:ns0="http://lc.ca.gov/legalservices/schemas/caml.1#" xmlns:ns3="http://www.w3.org/1999/xlink" xmlns:xsi="http://www.w3.org/2001/XMLSchema-instance" version="1.0" xsi:schemaLocation="http://lc.ca.gov/legalservices/schemas/caml.1# xca.1.xsd">
<ns0:Description>
<ns0:Id>20250AB__220999INT</ns0:Id>
<ns0:VersionNum>99</ns0:VersionNum>
<ns0:History>
<ns0:Action>
<ns0:ActionText>INTRODUCED</ns0:ActionText>
<ns0:ActionDate>2026-02-19</ns0:ActionDate>
</ns0:Action>
</ns0:History>
<ns0:LegislativeInfo>
<ns0:SessionYear>2025</ns0:SessionYear>
<ns0:SessionNum>0</ns0:SessionNum>
<ns0:MeasureType>AB</ns0:MeasureType>
<ns0:MeasureNum>2209</ns0:MeasureNum>
<ns0:MeasureState>INT</ns0:MeasureState>
</ns0:LegislativeInfo>
<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Assembly Member Bains</ns0:AuthorText>
<ns0:Authors>
<ns0:Legislator>
<ns0:Contribution>LEAD_AUTHOR</ns0:Contribution>
<ns0:House>ASSEMBLY</ns0:House>
<ns0:Name>Bains</ns0:Name>
</ns0:Legislator>
</ns0:Authors>
<ns0:Title> An act to amend Section 4646.5 of the Welfare and Institutions Code, relating to developmental services. </ns0:Title>
<ns0:RelatingClause>developmental services</ns0:RelatingClause>
<ns0:GeneralSubject>
<ns0:Subject>Developmental services: caregiver succession.</ns0:Subject>
</ns0:GeneralSubject>
<ns0:DigestText>
<html:p>Existing law, the Lanterman Developmental Disabilities Services Act, requires the State Department of Developmental Services to contract with regional centers to provide services and supports to individuals with developmental disabilities and their families. Under existing law, the regional centers purchase needed services and supports for individuals with developmental disabilities through approved service providers, or arrange for their provision through other publicly funded agencies. The services and supports to be provided to a regional center consumer are contained in an individual program plan (IPP), which is developed by the planning team according to specified procedures. Existing law requires the planning process for the IPP to include various components and guidelines, including, when a regional center consumer is being cared for by a parent, a discussion regarding caregiver
succession no later than the consumer’s 22nd birthday, and annually thereafter, and if determined to be necessary, development of a caregiver succession plan, as specified.</html:p>
<html:p>This bill would additionally require a discussion regarding caregiver succession to occur when the primary caregiver or authorized representatives reaches 55 years of age, and at any time upon the request of the consumer, primary caregiver, or authorized representative. The bill would require that any caregiver succession plan be documented in the consumer’s IPP. The bill would explicitly state that a consumer retains the right to decline development of a caregiver succession plan and a discussion regarding caregiver succession or a caregiver succession plan is required to be person centered and reflect the consumer’s wishes, goals, and maximum independence, and be consistent with supported decisionmaking principles, to the extent applicable.</html:p>
</ns0:DigestText>
<ns0:DigestKey>
<ns0:VoteRequired>MAJORITY</ns0:VoteRequired>
<ns0:Appropriation>NO</ns0:Appropriation>
<ns0:FiscalCommittee>YES</ns0:FiscalCommittee>
<ns0:LocalProgram>NO</ns0:LocalProgram>
</ns0:DigestKey>
<ns0:MeasureIndicators>
<ns0:ImmediateEffect>NO</ns0:ImmediateEffect>
<ns0:ImmediateEffectFlags>
<ns0:Urgency>NO</ns0:Urgency>
<ns0:TaxLevy>NO</ns0:TaxLevy>
<ns0:Election>NO</ns0:Election>
<ns0:UsualCurrentExpenses>NO</ns0:UsualCurrentExpenses>
<ns0:BudgetBill>NO</ns0:BudgetBill>
<ns0:Prop25TrailerBill>NO</ns0:Prop25TrailerBill>
</ns0:ImmediateEffectFlags>
</ns0:MeasureIndicators>
</ns0:Description>
<ns0:Bill id="bill">
<ns0:Preamble>The people of the State of California do enact as follows:</ns0:Preamble>
<ns0:BillSection id="id_042854F2-717F-454D-978A-C1857D93C840">
<ns0:Num>SECTION 1.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:type="locator" ns3:href="urn:caml:codes:WIC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'4.5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'4646.5.'%5D)" ns3:label="fractionType: LAW_SECTION">
Section 4646.5 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_B4F161E8-EEE7-4E97-824B-535D100A483D">
<ns0:Num>4646.5.</ns0:Num>
<ns0:LawSectionVersion id="id_0B93F2F4-CDED-44EF-8E52-7CBD59015513">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The planning process for the individual program plan described in Section 4646 shall include all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Gathering information and conducting assessments to determine the life goals, capabilities and strengths, preferences, barriers, and concerns or problems of the person with developmental disabilities. For children with developmental disabilities, this process should include a review of the strengths, preferences, and needs of the child and the family unit as a whole. Assessments shall be conducted by qualified individuals and performed in natural environments whenever possible. Information shall be taken from the consumer, the consumer’s parents and other family members, the consumer’s friends, advocates, authorized representative, if
applicable, providers of services and supports, and other agencies. The assessment process shall reflect awareness of, and sensitivity to, the lifestyle and cultural background of the consumer and the family.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A statement of goals, based on the needs, preferences, and life choices of the individual with developmental disabilities, and a statement of specific, time-limited objectives for implementing the person’s goals and addressing the person’s needs. These objectives shall be stated in terms that allow measurement of progress or monitoring of service delivery. These goals and objectives should maximize opportunities for the consumer to develop relationships, be part of community life in the areas of community participation, housing, work, school, and leisure, increase control over the consumer’s life, acquire increasingly positive roles in community life, and develop competencies to help accomplish these goals.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
In developing individual program plans for children, regional centers shall be guided by the principles, process, and services and support parameters set forth in Section 4685.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
In developing an individual program plan for a transition age youth or working age adult, the planning team shall consider the Employment First Policy described in Chapter 14 (commencing with Section 4868).
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
A schedule of the type and amount of services and supports to be purchased by the regional center or obtained from generic agencies or other resources in order to achieve the individual program plan goals and objectives, and identification of the provider or providers of service responsible for attaining each objective, including, but not limited to, vendors, contracted providers, generic service agencies, and natural supports. The
individual program plan shall specify the approximate scheduled start date for services and supports and shall contain timelines for actions necessary to begin services and supports, including generic services. In addition to the requirements of subdivision (h) of Section 4646, each regional center shall offer, and upon request provide, a written copy of the individual program plan to the consumer, and, if appropriate, the consumer’s parents, legal guardian or conservator, or authorized representative within 45 days of their request in a threshold language, as defined by paragraph (3) of subdivision (a) of Section 1810.410 of Title 9 of the California Code of Regulations.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
If agreed to by the consumer, the parents, legally appointed guardian, or authorized representative of a minor consumer, or the legally appointed conservator of an adult consumer or the authorized representative, including those appointed pursuant to subdivision (a) of
Section 4541, a review of the general health status of the adult or child, including medical, dental, and mental health needs, shall be conducted. This review shall include a discussion of current medications, any observed side effects, and the date of the last review of the medication. Service providers shall cooperate with the planning team to provide any information necessary to complete the health status review. If any concerns are noted during the review, referrals shall be made to regional center clinicians or to the consumer’s physician, as appropriate. Documentation of health status and referrals shall be made in the consumer’s record by the service coordinator.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
The development of a transportation access plan for a consumer when all of the following
conditions are met:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The regional center is purchasing private, specialized transportation services or services from a residential, day, or other provider, excluding vouchered service providers, to transport the consumer to and from day or work services.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The planning team has determined that a consumer’s community integration and participation could be safe and enhanced through the use of public transportation services.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
The planning team has determined that generic transportation services are available and accessible.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
To maximize independence and community integration and participation, the transportation access plan shall identify the services and supports necessary to assist the consumer in accessing public transportation and shall
comply with Section 4648.35. These services and supports may include, but are not limited to, mobility training services and the use of transportation aides. Regional centers are encouraged to coordinate with local public transportation agencies.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
A schedule of regular periodic review and reevaluation to ascertain that planned services have been provided, that objectives have been fulfilled within the times specified, and that consumers and families are satisfied with the individual program plan and its implementation.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
When a regional center consumer is being cared for in the family home, no later than the consumer’s 22nd birthday, and annually thereafter, when the primary caregiver or authorized representatives reaches 55 years of age, and at any time upon the
request of the consumer, primary caregiver, or authorized representative, a discussion regarding caregiver succession and, if determined by the consumer or the consumer’s representative to be necessary, development of a caregiver succession plan, which shall be documented in the individual program plan and may include, but is not limited to, both of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Identification of individuals who may provide care to the consumer when the current caregiver is no longer able to perform the necessary tasks.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Identification of possible housing options for the regional center consumer when the consumer can no longer live at home.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The consumer shall retain the right to decline development of a caregiver succession plan.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
A discussion regarding caregiver succession or a caregiver succession plan developed pursuant to this paragraph shall be person centered and reflect the consumer’s wishes, goals, and maximum independence, and shall be consistent with supported decisionmaking principles, to the extent applicable.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
A caregiver succession plan developed pursuant to this paragraph shall serve as a planning and guidance tool only and shall not confer legal authority, modify or replace a conservatorship, or otherwise alter the
authority of a court.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
For purposes of this paragraph, “caregiver succession” means the point at which the primary caregiver is no longer able to fully care for a regional center consumer.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
For all active cases, individual program plans shall be reviewed and modified by the planning team, through the process described in Section 4646, as necessary, in response to the person’s achievement or changing needs, and no less often than once every three years. If the consumer or, if appropriate, the consumer’s parents, legal guardian, authorized representative, or conservator requests
an individual program plan review, the individual program plan shall be reviewed within 30 days after the request is submitted, or no later than 7 days after the request is submitted if necessary for the consumer’s health and safety or to maintain the consumer in their home.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The department, with the participation of representatives of a statewide consumer organization, the Association of Regional Center Agencies, an organized labor organization representing service coordination staff, and the state council shall prepare training material and a standard format and instructions for the preparation of individual program plans, which embody an approach centered on the person and family.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Each regional center shall use the training materials and format prepared by the department pursuant to paragraph (1).
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The department shall biennially review a random sample of individual program plans at each regional center to ensure that these plans are being developed and modified in compliance with Section 4646 and this section.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
</ns0:Bill>
</ns0:MeasureDoc>