BILL NUMBER: SBX8 4 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY FEBRUARY 22, 2010
INTRODUCED BY Committee on Budget and Fiscal Review
JANUARY 20, 2010
An act relating to the Budget Act of 2009.
An act to amend Sections 4639.5, 4640.6, and 11401 of the Welfare
and Institutions Code, and to amend Section 10 of Chapter 13 of the
Third Extraordinary Session of the Statutes of 2009, relating to
social services.
LEGISLATIVE COUNSEL'S DIGEST
SB 4, as amended, Committee on Budget and Fiscal Review.
Budget Act of 2009. Social services.
(1) Existing law establishes the State Department of Developmental
Services and sets forth its powers and duties, including, but not
limited to, administration of the Lanterman Developmental
Disabilities Services Act, which requires the department to allocate
funds to private nonprofit regional centers for the provision of
community services and support for persons with developmental
disabilities and their families and sets forth the duties of regional
centers in that regard.
Existing law requires contracts between the department and
regional centers to specify certain coordinator-to-consumer ratios,
and requires regional centers to have, or contract for, expertise in
certain areas, and provide coordinator caseload, salary, and
administrative expenditure reports. Existing law exempts the regional
centers from these provisions for the period from February 1, 2009,
to June 30, 2010, inclusive.
This bill would extend these exemptions until June 30, 2011.
Existing law requires regional centers, in order to implement
changes in the level of funding for regional center purchase of
services, from February 1, 2009, to June 30, 2010, inclusive, to
reduce certain payments for services delivered on or after February
1, 2009, by 3%, except as specified.
This bill would extend the requirement of a 3% reduction in
payments until June 30, 2011.
(2) Existing law establishes the Aid to Families with Dependent
Children-Foster Care (AFDC-FC) program, under which counties provide
payments to foster care providers on behalf of qualified children in
foster care. The program is funded by a combination of federal,
state, and county funds, with moneys from the General Fund being
continuously appropriated to pay for the state's share of AFDC-FC
costs.
Under existing law, federal financial participation is available
for certain children who have been adjudged dependent children or
wards of the court, or who have been detained under a court order.
This bill would expand eligibility for federal financial
participation to include dependent children and wards of the juvenile
court, and foster children, who reside in an eligible foster care
placement, if federal requirements relating to the state foster care
plan and foster care maintenance payments have been met, as
specified.
(3)The California Constitution authorizes the Governor to declare
a fiscal emergency and to call the Legislature into special session
for that purpose. The Governor issued a proclamation declaring a
fiscal emergency, and calling a special session for this purpose, on
January 8, 2010.
This bill would state that it addresses the fiscal emergency
declared by the Governor by proclamation issued on January 8, 2010,
pursuant to the California Constitution.
This bill would express the intent of the Legislature to enact
statutory changes relating to the Budget Act of 2009.
The California Constitution authorizes the Governor to declare a
fiscal emergency and to call the Legislature into special session for
that purpose. The Governor issued a proclamation declaring a fiscal
emergency, and calling a special session for this purpose, on January
8, 2010.
This bill would state that it addresses the fiscal emergency
declared by the Governor by proclamation issued on January 8, 2010,
pursuant to the California Constitution.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 4639.5 of the
Welfare and Institutions Code is amended to read:
4639.5. (a) By December 1 of each year, each regional center
shall provide a listing to the State Department of Developmental
Services a complete current salary schedule for all personnel
classifications used by the regional center. The information shall be
provided in a format prescribed by the department. The department
shall provide this information to the public upon request. From
February 1, 2009, to June 30, 2010 2011
, inclusive, the requirements of this subdivision shall not apply.
(b) By December 1 of each year, each regional center shall report
information to the State Department of Developmental Services on all
prior fiscal year expenditures from the regional center operations
budget for all administrative services, including managerial,
consultant, accounting, personnel, labor relations, and legal
services, whether procured under a written contract or otherwise.
Expenditures for the maintenance, repair, or purchase of equipment or
property shall not be required to be reported for purposes of this
subdivision. The report shall be prepared in a format prescribed by
the department and shall include, at a minimum, for each recipient
the amount of funds expended, the type of service, and purpose of the
expenditure. The department shall provide this information to the
public upon request. Regional centers shall not be required to
prepare or submit the report required by this subdivision in 2009
or in 2010 .
SEC. 2. Section 4640.6 of the Welfare
and Institutions Code is amended to read:
4640.6. (a) In approving regional center contracts, the
department shall ensure that regional center staffing patterns
demonstrate that direct service coordination are the highest
priority.
(b) Contracts between the department and regional centers shall
require that regional centers implement an emergency response system
that ensures that a regional center staff person will respond to a
consumer, or individual acting on behalf of a consumer, within two
hours of the time an emergency call is placed. This emergency
response system shall be operational 24 hours per day, 365 days per
year.
(c) Contracts between the department and regional centers shall
require regional centers to have service coordinator-to-consumer
ratios, as follows:
(1) An average service coordinator-to-consumer ratio of 1 to 62
for all consumers who have not moved from the developmental centers
to the community since April 14, 1993. In no case shall a service
coordinator for these consumers have an assigned caseload in excess
of 79 consumers for more than 60 days.
(2) An average service coordinator-to-consumer ratio of 1 to 45
for all consumers who have moved from a developmental center to the
community since April 14, 1993. In no case shall a service
coordinator for these consumers have an assigned caseload in excess
of 59 consumers for more than 60 days.
(3) Commencing January 1, 2004, the following
coordinator-to-consumer ratios shall apply:
(A) All consumers three years of age and younger and for consumers
enrolled in the Home and Community-based Services Waiver program for
persons with developmental disabilities, an average service
coordinator-to-consumer ratio of 1 to 62.
(B) All consumers who have moved from a developmental center to
the community since April 14, 1993, and have lived continuously in
the community for at least 12 months, an average service
coordinator-to-consumer ratio of 1 to 62.
(C) All consumers who have not moved from the developmental
centers to the community since April 14, 1993, and who are not
described in subparagraph (A), an average service
coordinator-to-consumer ratio of 1 to 66.
(4) For purposes of paragraph (3), service coordinators may have a
mixed caseload of consumers three years of age and younger,
consumers enrolled in the Home and Community-based Services Waiver
program for persons with developmental disabilities, and other
consumers if the overall average caseload is weighted proportionately
to ensure that overall regional center average service
coordinator-to-consumer ratios as specified in paragraph (3) are met.
For purposes of paragraph (3), in no case shall a service
coordinator have an assigned caseload in excess of 84 for more than
60 days.
(d) For purposes of this section, "service coordinator" means a
regional center employee whose primary responsibility includes
preparing, implementing, and monitoring consumers' individual program
plans, securing and coordinating consumer services and supports, and
providing placement and monitoring activities.
(e) In order to ensure that caseload ratios are maintained
pursuant to this section, each regional center shall provide service
coordinator caseload data to the department, annually for each fiscal
year. The data shall be submitted in the format, including the
content, prescribed by the department. Within 30 days of receipt of
data submitted pursuant to this subdivision, the department shall
make a summary of the data available to the public upon request. The
department shall verify the accuracy of the data when conducting
regional center fiscal audits. Data submitted by regional centers
pursuant to this subdivision shall:
(1) Only include data on service coordinator positions as defined
in subdivision (d). Regional centers shall identify the number of
positions that perform service coordinator duties on less than a
full-time basis. Staffing ratios reported pursuant to this
subdivision shall reflect the appropriate proportionality of these
staff to consumers served.
(2) Be reported separately for service coordinators whose caseload
includes any of the following:
(A) Consumers who are three years of age and older and who have
not moved from the developmental center to the community since April
14, 1993.
(B) Consumers who have moved from a developmental center to the
community since April 14, 1993.
(C) Consumers who are younger than three years of age.
(D) Consumers enrolled in the Home and Community-based Services
Waiver program.
(3) Not include positions that are vacant for more than 60 days or
new positions established within 60 days of the reporting month that
are still vacant.
(4) For purposes of calculating caseload ratios for consumers
enrolled in the Home- and Community-based Services Waiver program,
vacancies shall not be included in the calculations.
(f) The department shall provide technical assistance and require
a plan of correction for any regional center that, for two
consecutive reporting periods, fails to maintain service coordinator
caseload ratios required by this section or otherwise demonstrates an
inability to maintain appropriate staffing patterns pursuant to this
section. Plans of correction shall be developed following input from
the local area board, local organizations representing consumers,
family members, regional center employees, including recognized labor
organizations, and service providers, and other interested parties.
(g) Contracts between the department and regional center shall
require the regional center to have, or contract for, all of the
following areas:
(1) Criminal justice expertise to assist the regional center in
providing services and support to consumers involved in the criminal
justice system as a victim, defendant, inmate, or parolee.
(2) Special education expertise to assist the regional center in
providing advocacy and support to families seeking appropriate
educational services from a school district.
(3) Family support expertise to assist the regional center in
maximizing the effectiveness of support and services provided to
families.
(4) Housing expertise to assist the regional center in accessing
affordable housing for consumers in independent or supportive living
arrangements.
(5) Community integration expertise to assist consumers and
families in accessing integrated services and supports and improved
opportunities to participate in community life.
(6) Quality assurance expertise, to assist the regional center to
provide the necessary coordination and cooperation with the area
board in conducting quality-of-life assessments and coordinating the
regional center quality assurance efforts.
(7) Each regional center shall employ at least one consumer
advocate who is a person with developmental disabilities.
(8) Other staffing arrangements related to the delivery of
services that the department determines are necessary to ensure
maximum cost-effectiveness and to ensure that the service needs of
consumers and families are met.
(h) Any regional center proposing a staffing arrangement that
substantially deviates from the requirements of this section shall
request a waiver from the department. Prior to granting a waiver, the
department shall require a detailed staffing proposal, including,
but not limited to, how the proposed staffing arrangement will
benefit consumers and families served, and shall demonstrate clear
and convincing support for the proposed staffing arrangement from
constituencies served and impacted, that include, but are not limited
to, consumers, families, providers, advocates, and recognized labor
organizations. In addition, the regional center shall submit to the
department any written opposition to the proposal from organizations
or individuals, including, but not limited to, consumers, families,
providers, and advocates, including recognized labor organizations.
The department may grant waivers to regional centers that
sufficiently demonstrate that the proposed staffing arrangement is in
the best interest of consumers and families served, complies with
the requirements of this chapter, and does not violate any
contractual requirements. A waiver shall be approved by the
department for up to 12 months, at which time a regional center may
submit a new request pursuant to this subdivision.
(i) From February 1, 2009, to June 30, 2010
2011 , inclusive, the following shall not apply:
(1) The service coordinator-to-consumer ratio requirements of
paragraph (1), and subparagraph (C) of paragraph (3), of subdivision
(c).
(2) The requirements of subdivision (e). The regional centers
shall, instead, maintain sufficient service coordinator caseload data
to document compliance with the service coordinator-to-consumer
ratio requirements in effect pursuant to this section.
(3) The requirements of paragraphs (1) to (6), inclusive, of
subdivision (g).
(j) (1) Any contract between the department and a regional center
entered into on and after January 1, 2003, shall require that all
employment contracts entered into with regional center staff or
contractors be available to the public for review, upon request. For
purposes of this subdivision, an employment contract or portion
thereof may not be deemed confidential nor unavailable for public
review.
(2) Notwithstanding paragraph (1), the social security number of
the contracting party may not be disclosed.
(3) The term of the employment contract between the regional
center and an employee or contractor shall not exceed the term of the
state's contract with the regional center.
SEC. 3. Section 11401 of the Welfare and
Institutions Code is amended to read:
11401. Aid in the form of AFDC-FC shall be provided under this
chapter on behalf of any child under the age of 18 years, except as
provided in Section 11403, who meets the conditions of subdivision
(a), (b), (c), (d), (e), (f), or (g):
(a) The child has been relinquished, for purposes of adoption, to
a licensed adoption agency, or the department, or the parental rights
of either or both of his or her parents have been terminated after
an action under the Family Code has been brought by a licensed
adoption agency or the department, provided that the licensed
adoption agency or the department, if responsible for placement and
care, provides to those children all services as required by the
department to children in foster care.
(b) The child has been removed from the physical custody of his or
her parent, relative, or guardian as a result of a voluntary
placement agreement or a judicial determination that continuance in
the home would be contrary to the child's welfare and that, if the
child was placed in foster care, reasonable efforts were made,
consistent with Chapter 5 (commencing with Section 16500) of Part 4,
to prevent or eliminate the need for removal of the child from his or
her home and to make it possible for the child to return to his or
her home, and any of the following applies:
(1) The child has been adjudged a dependent child of the court on
the grounds that he or she is a person described by Section 300.
(2) The child has been adjudged a ward of the court on the grounds
that he or she is a person described by Sections 601 and 602.
(3) The child has been detained under a court order, pursuant to
Section 319 or 636, that remains in effect.
(4) The child's dependency jurisdiction has resumed pursuant to
Section 387.
(c) The child has been voluntarily placed by his or her parent or
guardian pursuant to Section 11401.1.
(d) The child is living in the home of a nonrelated legal
guardian.
(e) The child has been placed in foster care under the federal
Indian Child Welfare Act. Sections 11402, 11404, and 11405 shall not
be construed as limiting payments to Indian children, as defined in
the federal Indian Child Welfare Act, placed in accordance with that
act.
(f) To be eligible for federal financial participation,
either of the following conditions the conditions
described in paragraph (1), (2), or (3) shall be satisfied:
(1) (A) The child meets the conditions of subdivision (b).
(B) The child has been deprived of parental support or care for
any of the reasons set forth in Section 11250.
(C) The child has been removed from the home of a relative as
defined in Section 233.90(c)(1) of Title 45 of the Code of Federal
Regulations, as amended.
(D) The requirements of Sections 671 and 672 of Title 42 of the
United States Code, as amended, have been met.
(2) (A) The child meets the requirements of subdivision (g).
(B) The requirements of Sections 671 and 672 of Title 42 of the
United States Code, as amended, have been met.
(C) This paragraph shall be implemented only if federal financial
participation is available for the children described in this
paragraph.
(3) (A) The child has been removed from the custody of his or her
parent, relative, or guardian as a result of a voluntary placement
agreement or a judicial determination that continuance in the home
would be contrary to the child's welfare and that, if the child was
placed in foster care, reasonable efforts were made, consistent with
Chapter 5 (commencing with Section 16500) of Part 4, to prevent or
eliminate the need for removal of the child from his or her home and
to make it possible for the child to return to his or her home, and
any of the following applies:
(i) The child has been adjudged a dependent child of the court on
the grounds that he or she is a person described by Section 300.
(ii) The child has been adjudged a ward of the court on the
grounds that he or she is a person described by Sections 601 and 602.
(iii) The child has been detained under a court order, pursuant to
Section 319 or 636, that remains in effect.
(iv) The child's dependency jurisdiction has resumed pursuant to
Section 387.
(B) The child has been placed in an eligible foster care
placement, as set forth in Section 11402.
(C) The requirements of Sections 671 and 672 of Title 42 of the
United States Code have been satisfied.
(D) This paragraph shall be implemented only if federal financial
participation is available for the children described in this
paragraph.
(g) The child meets all of the following conditions:
(1) The child has been adjudged to be a dependent child or ward of
the court on the grounds that he or she is a person described in
Section 300.
(2) The child's parent also has been adjudged to be a dependent
child of the court on the grounds that he or she is a person
described by Section 300 or Section 602 and is receiving benefits
under this chapter.
(3) The child is placed in the same licensed or approved foster
care facility in which his or her parent is placed and the child's
parent is receiving reunification services with respect to that
child.
SEC. 4. Section 10 of Chapter 13 of the Third
Extraordinary Session of the Statutes of 2009 is amended to read:
Sec. 10. (a) Notwithstanding any other provision of law, in order
to implement changes in the level of funding for regional center
purchase of services, regional centers shall reduce payments for
services and supports provided pursuant to Title 14 (commencing with
Section 95000) of the Government Code and Division 4.1 (commencing
with Section 4400) and Division 4.5 (commencing with Section 4500) of
the Welfare and Institutions Code. From February 1, 2009, to June
30, 2010 2011 , inclusive, regional
centers shall reduce all payments for these services and supports
paid from purchase of services funds for services delivered on or
after February 1, 2009, by 3 percent, unless the regional center
demonstrates that a nonreduced payment is necessary to protect the
health and safety of the individual for whom the services and
supports are proposed to be purchased, and the State Department of
Developmental Services has granted prior written approval.
(b) Regional centers shall not reduce payments pursuant to
subdivision (a) for the following:
(1) Supported employment services with rates set by Section 4860
of the Welfare and Institutions Code.
(2) Services with "usual and customary" rates established pursuant
to Section 57210 of Title 17 of the California Code of Regulations.
(3) Payments to offset reductions in Supplemental Security
Income/State Supplementary Payment (SSI/SSP) benefits for consumers
receiving supported and independent living services.
(c) Notwithstanding any other provision of law, in order to
implement changes in the level of funding appropriated for regional
centers, the department shall amend regional center contracts to
adjust regional center budgets accordingly for the 2008-09 fiscal
year through the 2010- 11 fisca l year
. The contract amendments and budget adjustments shall be
exempt from the provisions of Article 1 (commencing with Section
4620) of Chapter 5 of Division 4.5 of the Welfare and Institutions
Code.
SEC. 5. This act addresses the fiscal emergency
declared by the Governor by proclamation on January 8, 2010, pursuant
to subdivision (f) of Section 10 of Article IV of the California
Constitution.
SECTION 1. It is the intent of the Legislature
to enact statutory changes relating to the Budget Act of 2009.
SEC. 2. This act addresses the fiscal emergency
declared by the Governor by proclamation on January 8, 2010,
pursuant to subdivision (f) of Section 10 of Article IV of the
California Constitution.