| Last Version Text |
<?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__109998AMD</ns0:Id>
<ns0:VersionNum>98</ns0:VersionNum>
<ns0:History>
<ns0:Action>
<ns0:ActionText>INTRODUCED</ns0:ActionText>
<ns0:ActionDate>2025-02-20</ns0:ActionDate>
</ns0:Action>
<ns0:Action>
<ns0:ActionText>AMENDED_ASSEMBLY</ns0:ActionText>
<ns0:ActionDate>2025-04-22</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>1099</ns0:MeasureNum>
<ns0:MeasureState>AMD</ns0:MeasureState>
</ns0:LegislativeInfo>
<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Assembly Member Bryan</ns0:AuthorText>
<ns0:Authors>
<ns0:Legislator>
<ns0:Contribution>LEAD_AUTHOR</ns0:Contribution>
<ns0:House>ASSEMBLY</ns0:House>
<ns0:Name>Bryan</ns0:Name>
</ns0:Legislator>
</ns0:Authors>
<ns0:Title> An act to amend Sections 4642 and 4643 of, and to add Section 4643.1 to, the Welfare and Institutions Code, relating to developmental services. </ns0:Title>
<ns0:RelatingClause>developmental services</ns0:RelatingClause>
<ns0:GeneralSubject>
<ns0:Subject>Developmental services: initial intake: assessment.</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 persons with developmental disabilities and their families.</html:p>
<html:p>Under existing law, a person believed to have a developmental disability, and a person believed to have a high risk of parenting an infant with a developmental disability, is eligible for initial intake and assessment services in the regional centers. Existing law requires that initial intake take place within 15 days following a request for assistance. Existing law, commencing January 1, 2025, requires a regional center, by the end of that 15-day period, to either determine if the individual is eligible for regional center services or determine if additional assessment is needed.</html:p>
<html:p> This bill would, for initial intakes involving a foster child, as defined, if the regional center has not determined, within the 15-day period following a request for assistance, that the foster child is eligible or provisionally eligible for regional center services, instead require the regional center to refer the foster child for, and conduct, that additional assessment. The bill would prohibit a determination not to provide additional assessment from being solely based on either the lack of specified documentation or the age of the person when they received a diagnosis of a qualifying condition, as specified. The bill would require the department to
annually post on its internet website specified data relating to initial intakes, including, among other data, the number of initial intakes, and the number of initial intakes involving foster children, received by a regional center.</html:p>
<html:p> Existing law, if assessment is needed, requires that the assessment be performed within 120 days following initial intake or as soon as possible and in no event more than 60 days following initial intake where any delay would expose the client to unnecessary risk, as specified.</html:p>
<html:p>This bill would also require the assessment to be performed as soon as possible and in no event more than 60 days if the client is a foster child. The bill would require the assessment to be conducted and an eligibility determination
to be made within the applicable timelines irrespective of whether the person, or a person acting on their behalf, possesses specified documentation. The bill would require the regional center to assist in collecting and procuring that documentation in order to ensure that assessment is conducted as soon as possible.</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_F007D518-4E75-4CCE-96ED-38E0B62F613F">
<ns0:Num>SECTION 1.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" 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'4642.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 4642 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_CE0CF214-6BC5-4B9B-B128-71511B35ECC9">
<ns0:Num>4642.</ns0:Num>
<ns0:LawSectionVersion id="id_948F453E-72D3-497A-9896-2A9A5E812991">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Any person believed to have a developmental disability, and any person believed to have a high risk of parenting an infant with a developmental disability, shall be eligible for initial intake and assessment services in the regional centers. In addition, any infant having a high risk of becoming developmentally disabled may be eligible for initial intake and assessment services in the regional centers. For purposes of this section, “high-risk infant” means a child less than 36 months of age whose genetic, medical, or environmental history is predictive of a substantially greater risk for developmental disability than that for the general population. The department, in consultation with the State Department of Public Health,
shall develop specific risk and service criteria for the high-risk infant program on or before July 1, 1983. These criteria may be modified in subsequent years based on analysis of actual clinical experience.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Initial intake shall be performed within 15 working days following request for assistance. Initial intake shall include, but need not be limited to, information and advice about the nature and availability of services provided by the regional center and by other agencies in the community, including guardianship, conservatorship, income maintenance, mental health, housing, education, work activity and vocational training, medical, dental, recreational, and other services or programs that may be useful to persons with developmental disabilities or their families.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Except as provided in subparagraph (D), initial intake shall also include a decision to provide the assessment specified in Section 4643 and may include a determination that the person is eligible or provisionally eligible for regional center services.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
A decision not to provide the assessment specified in Section 4643 shall not be based solely on either of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The lack of documentation, including, but not limited to,
school, medical, or court records, provided by the person requesting assistance or, if appropriate, by the person’s parents, legal guardian or conservator, or authorized representative.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The age of the person when they received a diagnosis of a qualifying condition, as long as the qualifying condition originated before the person was 18 years of age, as determined through the assessment process described in Section 4643.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
For initial intakes involving a foster child who has not been determined to be eligible or provisionally eligible for regional center services by the end of the
15-working-day initial intake period, the regional center shall conduct the assessment specified in Section 4643.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Commencing on January 1, 2025, the regional center shall take the following actions by the end of the 15-day initial intake period described in paragraph (2):
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Except as otherwise specified in subparagraph (B), either of the following actions:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Determine if the individual is eligible or provisionally eligible
for regional center services.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Determine if the regional center will initiate the assessment specified in Section 4643.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
For a foster child, either of the following actions:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Determine if the foster child is eligible or provisionally eligible for regional center services.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Refer the foster child for the assessment specified in Section 4643.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Inform the individual requesting intake of the regional center’s action.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
If the regional center determines that the individual is not eligible or provisionally
eligible for regional center services, or that the regional center is not initiating the assessment specified in Section 4643, provide the individual requesting intake and, if appropriate, the individual’s parents, legal guardian or conservator, or authorized representative, with adequate notice as required by Section 4710.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
The department shall create, with input from stakeholders, standardized information packets to be provided to any person seeking services from a regional center. There shall be one information packet related to services provided under the California Early Intervention Services Act and another information packet related to services provided under the Lanterman Developmental Disabilities Services Act. The information packets shall be translated to provide language access, as required by state and
federal law, shall be available in alternative formats and alternative modes of communication, as required by federal law, and shall include, at a minimum, all of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
An overview of the regional center system.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
A resource guide for consumers and their families.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Consumer rights.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
Contact information for the regional center, the department, the office of clients’ rights advocacy, and the protection and advocacy agency specified in Division 4.7 (commencing with Section 4900).
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Each regional center shall distribute the information packets at intake, upon transfer to receiving
services under the Lanterman Developmental Disabilities Services Act, and upon request. Each regional center shall begin distributing the information packets within 60 days following the department providing the information packets and issuing directives regarding the distribution of the information packets. In addition to, and not in lieu of, this requirement, each regional center shall post the full content of the most updated information packet on its internet website.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
A regional center shall communicate with the consumer and the consumer’s family pursuant to this section in their preferred language, including providing alternative communication services and alternative formats, as required by state and federal law.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
For purposes of this section, the following terms have the
following meanings:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
“Foster child” means any of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
A child who has been removed from their home by a county child welfare services agency pursuant to Section 309.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A child who is the subject of a juvenile court petition filed under Section 300 or Section 602, whether or not the child has been removed from their home.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
A dependent child of the court of an Indian tribe, consortium of tribes, or tribal organization who is the subject of a petition filed in the tribal court pursuant to the tribal court’s jurisdiction in accordance with the tribe’s law.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
A child who is the
subject of a voluntary placement agreement, as defined in Section 11400.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
A nonminor dependent, as defined in Section 11400.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Request for assistance” means any initial contact or inquiry from an individual, or a person acting on their behalf, on the nature of services or supports available or provided by the regional center, or the individual’s possible eligibility to receive them based on a potential developmental concern or disability.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_BFDA4911-2067-4523-A73F-A7D434B74B03">
<ns0:Num>SEC. 2.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" 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'4643.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 4643 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_6D0F5D26-70FB-4712-89EA-2A7E86E2406E">
<ns0:Num>4643.</ns0:Num>
<ns0:LawSectionVersion id="id_1DB3BB79-AD19-4940-80A5-4B7D76F81E92">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
If assessment is needed, the assessment shall be performed within 120 days following initial intake. Assessment shall be performed as soon as possible and in no event more than 60 days following initial intake under the following circumstances:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
When any delay would expose the client to unnecessary risk to their health and safety.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
When a delay would expose the client to significant further delay in mental or physical development.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
When the client would be at imminent risk of placement in a more restrictive environment.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
When the client is a foster child, as defined in Section 4642.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Assessment may include collection and review of available historical diagnostic data, provision or procurement of necessary tests and evaluations, and summarization of developmental levels and service needs and may be obtained upon receipt of the release of information specified in subdivision (b). The regional center shall assist in collecting and procuring this documentation to ensure that assessment is conducted as soon as possible. Assessment shall be conducted within the timelines specified in paragraph (1) irrespective of whether the person, or a person acting on their behalf, possesses that documentation.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
In determining if an individual meets the
definition of
developmental disability contained in subdivision (a) of Section 4512, the regional center may consider evaluations and tests, including, but not limited to, intelligence tests, adaptive functioning tests, neurological and neuropsychological tests, diagnostic tests performed by a physician, psychiatric tests, and other tests or evaluations that have been performed by, and are available from, other sources. The regional center shall make its determination within the timelines specified in paragraph (1) irrespective of whether the person, or a person acting on their behalf, possesses that documentation.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
At the time of assessment, the individual, or, where appropriate, the parents, legal guardian, conservator, or authorized representative, shall provide copies of any health benefit cards under which the consumer is eligible
to receive health benefits, including, but not limited to, private health insurance, a health care service plan, Medi-Cal, Medicare, and TRICARE. If the individual, or where appropriate, the parents, legal guardians, conservators, or authorized representatives, have no such benefits, the regional center shall not use that fact to negatively impact the services that the individual may or may not receive from the regional center. A regional center shall not require an individual to use their health benefits before it conducts an assessment.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
A regional center shall communicate with the consumer and their family pursuant to this section in their native language, including providing alternative communication services, as required by Sections 11135 to 11139.7, inclusive, of the Government Code and implementing
regulations.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_68392ACA-8957-413D-B382-8C922810E87F">
<ns0:Num>SEC. 3.</ns0:Num>
<ns0:ActionLine action="IS_ADDED" ns3:href="urn:caml:codes:WIC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2F%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'4643.1'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 4643.1 is added to the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
, to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_8A5FF01C-81FB-4517-81EA-11BA5232CAE5">
<ns0:Num>4643.1.</ns0:Num>
<ns0:LawSectionVersion id="id_59BC7609-2844-4B34-93B7-00848A0BB323">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The department shall annually post on its internet website all of the following annual statewide data, by regional center, and on a statewide-aggregate basis:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The number of initial intakes, and, separately, the number of initial intakes involving foster children, received by regional centers.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The percentage of initial intakes, and, separately, the percentage of initial intakes involving foster children, that resulted in eligibility and provisional eligibility determinations, respectively, during the initial intake period.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The percentage of initial intakes, and, separately, the percentage of initial intakes involving foster children, that occurred more than 15 working days following a request for assistance.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The number of assessments conducted by regional centers and the percentage of cases that resulted in an assessment after the initial intake.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
The total number of individuals, and, separately, the total number of foster children, who qualified for an expedited assessment within 60 days following initial intake.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
The percentage of individuals, and, separately, the percentage of foster children, who qualified for an expedited assessment following initial intake but whose assessment occurred more than 60 days following initial intake.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
The percentage of assessments that occurred more than 120 days following initial intake.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
The percentage of individuals, and, separately, the percentage of foster children, whose applications for services under the California Early Intervention Services Act (Title 14 (commencing with Section 95000) of the Government Code) took longer than the 45-day timeline described in Section 95020 of the Government Code.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
The average number of days that elapsed between a request for assistance and an initial intake for applicants, and, separately, for foster children applicants, who received an initial intake.
</html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
The average number of days that elapsed between an initial intake and an assessment for applicants, and, separately, for foster children applicants, who received an assessment following initial intake.
</html:p>
<html:p>
(11)
<html:span class="EnSpace"/>
The number of
instances, age, race or ethnicity, and preferred language for all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Individuals, and, separately, foster children, who were denied an initial intake following a request for assistance.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Individuals, and, separately, foster
children, who were denied eligibility for services pursuant to subdivision (a) of Section 4512 following an assessment conducted pursuant to Section 4643.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Individuals, and, separately, foster children, who, following an assessment, were denied eligibility for services under the California Early Intervention Services Act (Title 14 (commencing with Section 95000) of the Government Code).
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Individuals, and, separately, foster children, who challenged an initial intake
denial or eligibility denial through the appeals process described in Chapter 7 (commencing with Section 4700) or a mediation conference or due process hearing, as described in Section 52172 of Title 17 of the California Code of Regulations, as applicable.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
For purposes of this section, “foster child” and “request for assistance” have the same
meanings as in Section 4642.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
</ns0:Bill>
</ns0:MeasureDoc>
|