BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 1687|
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CONSENT
Bill No: AB 1687
Author: Conway (R)
Amended: 3/26/14 in Assembly
Vote: 21
SENATE HUMAN SERVICES COMMITTEE : 4-0, 6/24/14
AYES: Beall, DeSaulnier, Liu, Wyland
NO VOTE RECORDED: Berryhill
ASSEMBLY FLOOR : 76-0, 5/5/14 - See last page for vote
SUBJECT : Persons with Developmental Disabilities Bill of
Rights
SOURCE : Author
DIGEST : This bill recasts statutory rights that currently
exist in the Lanterman Developmental Disabilities Services Act
as the "Persons with Developmental Disabilities Bill of Rights."
This bill adds to those rights the right to a prompt
investigation of any alleged abuse.
ANALYSIS :
Existing law:
1.Establishes the Lanterman Developmental Disabilities Services
Act, enacted in 1977, which sets forth the rights of
individuals with developmental disabilities in California and
the responsibilities of the state to provide services and
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supports.
2.Establishes that persons with developmental disabilities have
the same legal rights and responsibilities guaranteed all
other individuals by the Constitution and laws of the United
States and the state of California.
3.States legislative intent that persons with developmental
disabilities have specified rights, related to a right to
treatment and habilitation services and supports in the least
restrictive environment.
4.Establishes legislative intent that all victims of crimes are
treated with dignity, respect, courtesy, and sensitivity and
that the rights of victims are honored and protected by law
enforcement agencies, prosecutors, and judges.
5.Establishes a victim's right to an expeditious disposition of
the criminal action.
6.Requires a state developmental center to immediately, but no
later than within two hours of observing, obtaining knowledge
of, or suspecting abuse, report specified incidents involving
a resident to the local law enforcement agency, as defined.
7.Requires mandated reporters, as specified, in a variety of
care settings to report suspected abuse of an elder or
dependent adult to local law enforcement, the local ombudsman,
or other authorities as appropriate to the setting,
immediately or as soon as practicably possible, as specified.
This bill:
1.Renames the heading of Welfare and Institutions Code 4502, to
"Persons With Developmental Disabilities Bill of Rights."
2.Adds to the list of rights, "A right to a prompt investigation
of any alleged abuse against them."
Background
Developmental disabilities . A developmental disability is
defined as a disability that originates before an individual
attains 18 years of age, is expected to continue indefinitely,
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and constitutes a substantial disability for that individual.
It includes intellectual disabilities, cerebral palsy, epilepsy,
and autism spectrum disorders, among others.
California's 21 regional centers are nonprofit organizations
that provide local services and supports to more than 275,000
consumers statewide, as of May 2014. Regional centers, through
contracts with the Department of Developmental Services, provide
diagnosis and assessment of eligibility and help plan, access,
coordinate and monitor the services and supports that are needed
because of an individual's developmental disability. Services
for consumers are determined through an individual program plan.
In addition, as of June 11, 2014, there were about 1,250
individuals living in developmental centers, including
approximately 400 at Porterville Developmental Center, which is
in the author's district, about 440 at Sonoma, about 315
individuals at Fairview and 50 in-center consumers at Lanterman
Developmental Center, which is in the process of closure. The
overall number of consumers residing in developmental centers
has decreased by approximately 550 since March 2012.
Comments
According to the author's office, this bill is one of two that
were introduced by the author out of concerns for residents of
Porterville Developmental Center, in her district, and other
individuals living with developmental disabilities.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local:
No
SUPPORT : (Verified 6/26/14)
Association of Regional Center Agencies
California Association for Health Services At Home
California Commission on Aging
California Psychological Association
Disability Rights California
East Bay Developmental Disabilities Legislative Coalition
State Council on Developmental Disabilities, Area Board 10 (Los
Angeles County)
State Council on Developmental Disabilities, Area Board 9
(Ventura)
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ARGUMENTS IN SUPPORT : The Developmental Disabilities Area
Board 10 which covers Los Angeles County believes this bill is
an important next step in the process of ensuring that people
with developmental disabilities have the full rights and
responsibilities of citizenship as well as the added protection
needed when others take advantage of their greater
vulnerability.
The Association of Regional Center Agencies states that recent
news has described various disturbing allegations, many of which
have been substantiated, and that formally establishing a bill
of rights for those with developmental disabilities is a shared
goal.
ASSEMBLY FLOOR : 76-0, 5/5/14
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Bigelow, Bloom,
Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian
Calderon, Campos, Chau, Chávez, Chesbro, Conway, Cooley,
Dababneh, Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox,
Frazier, Beth Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon,
Gorell, Gray, Grove, Hagman, Hall, Harkey, Roger Hernández,
Holden, Jones, Jones-Sawyer, Levine, Linder, Lowenthal,
Maienschein, Medina, Mullin, Muratsuchi, Nazarian, Nestande,
Olsen, Pan, Patterson, Perea, V. Manuel Pérez, Quirk,
Quirk-Silva, Rendon, Ridley-Thomas, Rodriguez, Salas, Skinner,
Stone, Ting, Wagner, Waldron, Weber, Wieckowski, Wilk,
Williams, Yamada, John A. Pérez
NO VOTE RECORDED: Logue, Mansoor, Melendez, Vacancy
JL:e 6/27/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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