SECTIONS 4400-4435 - California Statutes

WELFARE AND INSTITUTIONS CODE

SECTION 4400-4435

4400. There is in the Health and Welfare Agency a State Department
of Developmental Services.

4401. As used in this division:
(a) "Department" means the State Department of Developmental
Services.
(b) "Director" means the Director of Developmental Services.
(c) "State hospital" means any hospital specified in Section 4440.

4404. The department is under the control of an executive officer
known as the Director of Developmental Services.

4405. With the consent of the Senate, the Governor shall appoint to
serve at his pleasure, the Director of Developmental Services. He
shall have the powers of a head of a department pursuant to Chapter 2
(commencing with Section 11150) of Part 1 of Division 3 of Title 2
of the Government Code, and shall receive the salary provided for by
Chapter 6 (commencing with Section 11550) of Part 1 of Division 3 of
Title 2 of the Government Code.
Upon recommendation of the director, the Governor may appoint a
chief deputy director of the department who shall hold office at the
pleasure of the Governor. The salary of the chief deputy director
shall be fixed in accordance with law.

4406. The State Department of Developmental Services succeeds to
and is vested with the duties, purposes, responsibilities, and
jurisdiction exercised by the State Department of Health with respect
to developmental disabilities on the date immediately prior to the
date this section becomes operative.

4407. The State Department of Developmental Services shall have
possession and control of all records, papers, offices, equipment,
supplies, moneys, funds, appropriations, land, and other property
real or personal held for the benefit or use of the Director of
Health in the performance of his duties, powers, purposes,
responsibilities, and jurisdiction that are vested in the State
Department of Developmental Services by Section 4406.

4408. All officers and employees of the Director of Health who on
the operative date of this section are serving in the state civil
service, other than as temporary employees, and engaged in the
performance of a function vested in the State Department of
Developmental Services by Section 4406 shall be transferred to the
State Department of Developmental Services. The status, positions,
and rights of such persons shall not be affected by the transfer and
shall be retained by them as officers and employees of the State
Department of Developmental Services pursuant to the State Civil
Service Act, except as to positions exempt from civil service.

4409. All regulations heretofore adopted by the State Department of
Health pursuant to authority now vested in the State Department of
Developmental Services by Section 4406 and in effect immediately
preceding the operative date of this section shall remain in effect
and shall be fully enforceable unless and until readopted, amended or
repealed by the Director of Developmental Services.

4410. With the approval of the Department of General Services and
for use in the furtherance of the work of the State Department of
Developmental Services, the director may accept any or all of the
following:
(a) Grants of interest in real property.
(b) Grants of money received by this state from the United States,
the expenditure of which is administered through or under the
direction of any department of this state.
(c) Gifts of money from public agencies or from persons,
organizations, or associations interested in scientific, educational,
charitable, or mental hygiene fields.

4411. The department may expend in accordance with law all money
now or hereafter made available for its use, or for the
administration of any statute administered by the department.

4412. The department may expend money in accordance with law for
the actual and necessary travel expenses of officers and employees of
the department who are authorized to absent themselves from the
State of California on official business.
For the purposes of this section and of Sections 11030 and 11032
of the Government Code, the following constitutes, among other
purposes, official business for said officers and employees for which
such officers and employees shall be allowed actual and necessary
traveling expenses when incurred either in or out of this state upon
approval of the Governor and Director of Finance:
Attending meetings of any national association or organization
having as its principal purpose the study of matters relating to
administration of institutions, and care and treatment of
developmentally disabled patients; conferring with officers or
employees of the United States or other states, relative to problems
of institutional care, treatment or management; and obtaining
information therefrom, which information would be useful in the
conduct of institutional, psychiatric, medical, and similar
activities of the State Department of Developmental Services.

4413. The department may appoint and fix the compensation of such
employees as it deems necessary, subject to the laws governing civil
service.

4414. When convening any task force or advisory group, the
department shall make its best effort to ensure representation by
consumers and family members representing California's multicultural
diversity.

4415. Except as in this chapter otherwise prescribed, the
provisions of the Government Code relating to state officers and
departments shall apply to the State Department of Developmental
Services.

4416. Unless otherwise indicated in this code, the State Department
of Developmental Services has jurisdiction over the execution of the
laws relating to the care, custody, and treatment of developmentally
disabled persons, as provided in this code.
As used in this division, "establishment" and "institutions"
include every hospital, sanitarium, boarding home, or other place
receiving or caring for developmentally disabled persons.

4416.5. The State Department of Developmental Services may contract
with one or more qualified organizations to provide the services
required by Section 1919 of the Social Security Act (P.L. 100-203) to
persons eligible for those services who are not otherwise within the
scope of Division 4.1 (commencing with Section 4400), Division 4.5
(commencing with Section 4500), Division 6 (commencing with Section
6000), or Chapter 3 (commencing with Section 7500) of Division 7.
Contracts entered into pursuant to this section may be awarded on
either a competitive bidding basis or on a noncompetitive bidding
basis.

4417. The State Department of Developmental Services may:
(a) Disseminate educational information relating to the
prevention, diagnosis and treatment of mental retardation.
(b) Upon request, advise all public officers, organizations and
agencies interested in the developmental disabilities of the people
of the state.
(c) Conduct such educational and related work as will tend to
encourage the development of proper developmental disabilities
facilities throughout the state.
The department may organize, establish and maintain community
mental hygiene clinics for the prevention, early diagnosis and
treatment of mental retardation. Such clinics may be maintained only
for persons not requiring institutional care, who voluntarily seek
the aid of such clinics. Such clinics may be maintained at the
locations in the communities of the state designated by the director,
or at any institution under the jurisdiction of the department
designated by the director.
The department may establish such rules and regulations as are
necessary to carry out the provisions of this section. This section
does not authorize any form of compulsory medical or physical
examination, treatment, or control of any person.

4418. The State Department of Developmental Services may obtain
psychiatric, medical and other necessary aftercare services for
judicially committed patients on leave of absence from state
hospitals by contracting with any city, county, local health
district, or other public officer or agency, or with any private
person or agency to furnish such services to patients in or near the
home community of the patient. Any city, county, local health
district, or other public officer or agency authorized by law to
provide mental health and aftercare services is authorized to enter
such contracts.

4418.2. The department shall support, utilizing regional resource
development projects, the activities specified in Sections 4418.25,
4418.3, and 4418.7.

4418.25. (a) The department shall establish policies and procedures
for the development of an annual community placement plan by
regional centers. The community placement plan shall be based upon an
individual program plan process as referred to in subdivision (a) of
Section 4418.3 and shall be linked to the development of the annual
state budget. The department's policies shall address statewide
priorities, plan requirements, and the statutory roles of regional
centers, developmental centers, and regional resource development
projects in the process of assessing consumers for community living
and in the development of community resources.
(b) The community placement plan shall provide for dedicated
funding for comprehensive assessments of selected developmental
center residents, for identified costs of moving selected individuals
from developmental centers to the community, and for deflection of
selected individuals from developmental center admission. The plans
shall, where appropriate, include budget requests for regional center
operations, assessments, resource development, and ongoing placement
costs. These budget requests are intended to provide supplemental
funding to regional centers. The plan is not intended to limit the
department's or regional centers' responsibility to otherwise conduct
assessments and individualized program planning, and to provide
needed services and supports in the least restrictive, most
integrated setting in accord with the Lanterman Developmental
Disabilities Services Act (Division 4.5 (commencing with Section
4500)).
(c) The department shall review, negotiate, and approve regional
center community placement plans for feasibility and reasonableness,
including recognition of each regional centers' current developmental
center population and their corresponding placement level, as well
as each regional centers' need to develop new and innovative service
models. The department shall hold regional centers accountable for
the development and implementation of their approved plans. The
regional centers shall report, as required by the department, on the
outcomes of their plans. The department shall make aggregate
performance data for each regional center available, upon request, as
well as data on admissions to, and placements from, each
developmental center.
(d) Funds allocated by the department to a regional center for a
community placement plan developed under this section shall be
controlled through the regional center contract to ensure that the
funds are expended for the purposes allocated. Funds allocated for
community placement plans that are not used for that purpose may be
transferred to Item 4300-003-0001 for expenditure in the state
developmental centers if their population exceeds the budgeted level.
Any unspent funds shall revert to the General Fund.

4418.3. (a) It is the intent of the Legislature to ensure that the
transition process from a developmental center to a community living
arrangement is based upon the individual's needs, developed through
the individual program plan process, and ensures that needed services
and supports will be in place at the time the individual moves. It
is further the intent of the Legislature that regional centers,
developmental centers, and regional resource development projects
coordinate with each other for the benefit of their activities in
assessment, in the development of individual program plans, and in
planning, transition, and deflection, and for the benefit of
consumers.
(b) As individuals are identified for possible movement to the
community, an individual planning meeting shall be initiated by the
developmental center, which shall notify the planning team, pursuant
to subdivision (j) of Section 4512, and the regional resource
development project of the meeting. The regional resource development
project shall make services available to the developmental center
and the regional center, including, but not limited to, consultations
with the planning teams and the identification of services and
supports necessary for the consumer to succeed in community living.
(c) The development of the individual program plan shall be
consistent with Sections 4646 and 4646.5. For the purpose of this
section, the planning team shall include developmental center staff
knowledgeable about the service and support needs of the consumer.
(d) Regional resource development project services may include
providing information in an understandable form to consumers and,
where appropriate, their families, conservators, legal guardians, or
authorized representatives, that will assist them in making decisions
about community living and services and supports. This information
may include affording the consumer the opportunity to visit a variety
of community living arrangements that could meet his or her needs.
If the visits are not feasible, as determined by the planning team, a
family member or other representative of the consumer may conduct
the visits. Regional resource development projects may be requested
to facilitate these visits. The availability of this service shall be
made known by the planning team to consumers and, where appropriate,
their families, conservators, legal guardians, or authorized
representative.
(e) Once the individual program plan is completed and providers of
services and supports are identified and agreed to, pursuant to
subdivision (b) of Section 4646.5, and no less than 15 days prior to
the move, unless otherwise ordered by a court, a transition
conference, which may be facilitated by a regional resource
development project, shall be held. Participants in the transition
conference shall include, but not be limited to, the consumer, where
appropriate the consumer's parents, legal guardian, conservator, or
authorized representative, a regional center representative, a
developmental center representative, and a representative of each
provider of primary services and supports identified in the
individual program plan. This meeting may take place in the catchment
area to which the consumer is moving. If necessary, conferees may
participate by telephone or video conference. The purpose of this
conference shall be to ensure a smooth transition from the
developmental center to the community.
(f) The department, through the appropriate regional resource
development project, shall provide, in cooperation with regional
centers and developmental centers, followup services to help ensure a
smooth transition to the community. Followup services shall include,
but shall not limited to, all of the following:
(1) Regularly scheduled as well as on an as-needed basis, contacts
and visits with consumers and service providers during the 12 months
following the consumers movement date.
(2) Participation in the development of an individual program plan
in accordance with Sections 4646 and 4646.5.
(3) Identification of issues that need resolution.
(4) Arrangement for the provision of developmental center
services, including, but not limited to, medication review, crisis
services, and behavioral consultation.
(g) To ascertain that the individual program plan is being
implemented, that planned services are being provided, and that the
consumer and, where appropriate the consumer's parents, legal
guardian, or conservator, are satisfied with the community living
arrangement, the regional center shall schedule face-to-face reviews
no less than once every 30 days for the first 90 days. Following the
first 90 days, and following notification to the department, the
regional center may conduct these reviews less often as specified in
the individual program plan.
(h) The regional center and the regional resource development
project shall coordinate their followup reviews required pursuant to
subdivisions (f) and (g) and shall share with each other information
obtained during the course of the followup visits.

4418.5. The department may provide protective social services for
the care of developmentally disabled patients released from state
hospitals of the department or to prevent the unnecessary admission
of developmentally disabled persons to hospitals at public expense or
to facilitate the release of developmentally disabled patients for
whom such hospital care is no longer the appropriate treatment;
provided that such services may be rendered only if provision for
such services is made in the California Developmental Disabilities
State Plan.
The department, to the extent funds are appropriated and
available, shall pay for the cost of providing for care in a private
home for developmentally disabled persons described in, and subject
to the request and plan conditions of, the immediately preceding
paragraph. The monthly rate for such private home care shall be set
by the department at an amount which will provide the best possible
care at minimum cost and also insure:
(1) That the person will receive proper treatment and may be
expected to show progress in achieving the maximum adjustment toward
returning to community life; and
(2) That sufficient homes can be recruited to achieve the stated
objectives of this section.
It is the legislative intent that the department may make the
fullest possible use of available resources in serving
developmentally disabled persons.
The department may provide services pursuant to this section
directly or through contract with public or private entities.
Notwithstanding any other provision of law, any contract or grant
entered into with a public or private nonprofit corporation for the
provision of services to developmentally disabled persons may provide
for periodic advance payments for services to be performed under
such contract. No advanced payment made pursuant to this section
shall exceed 25 percent of the total annual contract amount.
The department may provide protective social services, including
the cost of care in a private home pursuant to this section or in a
suitable facility as specified in Section 7354, for judicially
committed developmentally disabled patients released from a state
hospital on leave of absence or parole, and payments therefor shall
be made from funds available to the department for that purpose or
for the support of patients in state hospitals.

4418.6. The department may establish within its family care program
respite care services for the developmentally disabled. Such respite
care services may be available to both family home caretakers and to
persons referred by the regional centers for the developmentally
disabled. For purposes of this section, respite care means temporary
and intermittent care provided for short periods of time.
The rate of reimbursement for such respite care service shall be
established by the department after it conducts a study to determine
if there are increased costs inherent in the provision of an
intermittent and irregular service.

4418.7. (a) If the regional center determines, or is informed by
the consumer's parents, legal guardian, conservator, or authorized
representative that the community placement of a consumer is at risk
of failing, and that admittance to a state developmental center is a
likelihood, the regional center shall immediately notify the
appropriate regional resource development project, the consumer, and
the consumer's parents, legal guardian, or conservator.
(b) In these cases, the regional resource development project
shall immediately arrange for an assessment of the situation,
including, visiting the consumer, if appropriate, determining
barriers to successful integration, and recommending the most
appropriate means necessary to assist the consumer to remain in the
community. If, based on the assessment, the regional resource
development project determines that additional or different services
and supports are necessary, the department shall ensure that the
regional center provides those services and supports on an emergency
basis. An individual program plan meeting, including the regional
resource development project's representative, shall be convened as
soon as possible to review the emergency services and supports and
determine the consumer's ongoing needs for services and supports. The
regional resource development project shall follow up with the
regional center as to the success of the recommended interventions
until the consumer's living arrangement is stable.
(c) If the regional resource development project, in consultation
with the regional center, the consumer, and the consumer's parents,
legal guardian, or conservator, when appropriate, determines that
admittance to a state developmental center is necessary to prevent a
substantial risk to the individual's health and safety, the regional
resource development project shall immediately facilitate that
admission.
(d) The department shall collect data on the outcomes of efforts
to assist at-risk consumers to remain in the community. The
department shall make aggregate data on the implementation of the
requirements of this section available, upon request.

4419. Within the limits of available funds it is the intent of the
Legislature that the department shall require all personnel working
directly with patients to complete, within a reasonable time after
the effective date of this section or after their appointments,
whichever is later, or have completed, training with regard to the
care and treatment of such patients.

4420. In order to assure an adequate number of qualified
psychiatric technicians, psychiatrists, physicians and surgeons,
psychologists, nurses, social workers, laboratory and other
technicians, and ancillary workers, the department shall negotiate
with any or all of the following: the University of California, the
state colleges, the community colleges, private universities and
colleges, and public and private hospitals, and arrange such
affiliations or make such contracts for educational or training
programs and awards training grants or stipends as may be necessary.
Arrangements may be made in the hospitals and clinics operated by the
department for the clinical experience essential to such educational
and training programs, and positions in the department as interns
and residents may be established.

4421. In order to assure an adequate number of qualified
psychiatrists and psychologists with forensic skills, the State
Department of Developmental Services shall plan with the University
of California, private universities, and the California Postsecondary
Education Commission, for the development of programs for the
training of psychiatrists and psychologists with forensic skills.

4422. The department may examine all public and private hospitals,
boarding homes or other establishments whether or not licensed by the
department, receiving or caring for developmentally disabled persons
and may inquire into their methods of government, and the treatment
of all patients thereof.
It may examine the condition of all buildings, grounds, or other
property connected with such institutions, and may inquire into all
matters relating to their management. For the purposes specified in
this paragraph the department shall have free access to the grounds,
buildings, and books and papers of any such institution, and every
person connected therewith shall give such information and afford
such facilities for examination or inquiry as the department
requires.
Any evidence found of suspected licensing violations shall be
reported immediately to the State Department of Health Services or
the State Department of Social Services, whichever has jurisdiction.

4423. In every place in which a developmentally disabled person may
be involuntarily held, the persons confined therein shall be
permitted access to and examination or inspection of copies of this
code.

4424. The department shall adopt, for all hospitals, rules and
regulations, books of record for all departments, blank forms for
clinical records and other purposes, questions for examination of
employees, and questions for examination, in all the different
branches of medicine and surgery and especially in the subject of
diseases affecting the brain and nervous system, of all officers and
interns, for the special use of the hospital.

4425. The department shall keep in its office a record showing the
following facts concerning each patient in custody in the several
institutions:
(a) Name, residence, sex, age, place of birth, occupation, and
civil condition.
(b) The date of commitment, and the respective names and
residences of
(1) The person who made the petition for commitment,
(2) The persons who signed the medical certificate, and
(3) The judge who made the order of commitment.
(c) The name of the institution in which he is confined, the date
of his admission thereto, and whether he was brought from his home or
from another institution. If he was brought from another
institution, the record shall show also the name of that institution,
by whom he was brought therefrom and his condition.
(d) If discharged, the date of discharge, to whose care he was
committed, and whether recovered, improved, unimproved, or not in
need of commitment.
(e) If transferred, for what cause the transfer was made, and to
what institution.
(f) If dead, the date and cause of death.

4426. The department may inquire into the manner in which any
mentally retarded person subject to commitment, not confined in a
state hospital, is cared for and maintained. If, in its judgment, any
such person is not properly and suitably cared for, it may apply to
a judge of the superior court for an order to commit him to a state
hospital under the provisions of this code. Such order shall not be
made unless the judge finds, and certifies in the order, that such
person is not properly or suitably cared for by his relatives or
guardian or conservator, or that it is dangerous to the public to
allow him to be cared for and maintained by such relatives or
guardian or conservator.

4427. When the department has reason to believe that any person
held in custody as developmentally disabled is wrongfully deprived of
his liberty, or is cruelly or negligently treated, or that
inadequate provision is made for the skillful medical care, proper
supervision, and safekeeping of any such person, it may ascertain the
facts. It may issue compulsory process for the attendance of
witnesses and the production of papers, and may exercise the powers
conferred upon a referee in a superior court. It may make such orders
for the care and treatment of such person as it deems proper.
Whenever the department undertakes an investigation into the
general management and administration of any establishment or place
of detention for the developmentally disabled, it may give notice of
such investigation to the Attorney General, who shall appear
personally or by deputy, to examine witnesses in attendance and to
assist the department in the exercise of the powers conferred upon it
in this code.
The department may at any time cause the patients of any county or
city almshouse to be visited and examined, in order to ascertain if
developmentally disabled persons are kept therein.

4427.5. (a) (1) A developmental center shall immediately report all
resident deaths and serious injuries of unknown origin to the
appropriate local law enforcement agency, which may, at its
discretion, conduct an independent investigation.
(2) The reporting requirements of this subdivision are in addition
to, and do not substitute for, the reporting requirements of
mandated reporters.
(b) The department shall do both of the following:
(1) Annually provide written information to every developmental
center employee regarding all of the following:
(A) The statutory and departmental requirements for mandatory
reporting of suspected or known abuse.
(B) The rights and protections afforded to individuals' reporting
of suspected or known abuse.
(C) The penalties for failure to report suspected or known abuse.
(D) The telephone numbers for reporting suspected or known abuse
or neglect to designated investigators of the department and to local
law enforcement agencies.
(2) On or before August 1, 2001, in consultation with employee
organizations, advocates, consumers, and family members, develop a
poster that encourages staff, residents, and visitors to report
suspected or known abuse and provides information on how to make
these reports.

4428. When complaint is made to the department regarding the
officers or management of any hospital or institution for the
developmentally disabled, or regarding the management of any person
detained therein or regarding any person held in custody, the
department may, before making an examination regarding such
complaint, require it to be made in writing and sworn to before an
officer authorized to administer oaths. On receipt of such a
complaint, sworn to if so required, the department shall direct that
a copy of the complaint be served on the authorities of the hospital
or institution or the person against whom complaint is made, together
with notice of the time and place of the investigation, as the
department directs.

4429. The department shall biennially report to the Legislature its
acts and proceedings for the two years ending the June 30th last
preceding, with such facts regarding the management of the
institution for the developmentally disabled as it deems necessary
for the information of the Legislature, including estimates of the
amounts required for the use of such hospitals and the reasons
therefor, and including annual reports for each state hospital.

4430. The department shall report to the Legislature the
prospective needs for the care, custody, and treatment of
developmentally disabled persons, together with its recommendations
therefor. For the purpose of preventing overcrowding, it shall
recommend such plans for the development of additional medical
facilities as, in its judgment, will best meet the requirements of
such persons.

4431. Charges made by the department for the care and treatment of
each patient in a facility maintained by the department shall not
exceed the actual cost thereof as determined by the director in
accordance with standard accounting practices. The director is not
prohibited from including the amount of expenditures for capital
outlay or the interest thereon, or both, in his determination of
actual cost.
As used in this section, the terms "care" and "care and treatment"
include care, treatment, support, maintenance, and other services
rendered by the department to a patient in the state hospital or
other facility maintained by or under the jurisdiction of the
department.

4432. (a) The State Department of Developmental Services shall
report proposed allocations for level-of-care staffing in state
hospitals that serve persons with developmental disabilities that
shall include the following:
(1) All assumptions underlying estimates of state hospital
developmentally disabled population.
(2) A comparison of the actual and estimated population levels for
the year to date. If the actual populations differ from the
estimated population by 50 or more, the department shall include in
its reports a description of the change and the fiscal impact. The
department shall make this information available to the Legislature
during the budget process, but no later than January 10 of each year
and no later than the release of the May revision of the Governor's
proposed budget each year.
(b) The department shall provide the information required by
subdivision (a) on the same dates as specified in subdivision (a) to
the State Council on Developmental Disabilities created by Section
4520. The State Council on Developmental Disabilities shall provide
the Legislature with review and comment on the information in a
report.

4433. (a) The Legislature finds and declares all of the following:
(1) The State of California accepts its responsibility to ensure
and uphold the rights of persons with developmental disabilities and
an obligation to ensure that laws, regulations, and policies on the
rights of persons with developmental disabilities are observed and
protected.
(2) Persons with developmental disabilities are vulnerable to
abuse, neglect, and deprivations of their rights.
(3) Clients' rights advocacy services provided by the regional
centers, the advocacy services currently provided by the department
at the state hospitals, and the services provided by the department's
Office of Human Rights may have conflicts of interest, or the
appearance of a conflict of interest.
(4) The services provided to individuals with developmental
disabilities and their families are of such a special and unique
nature that they cannot satisfactorily be provided by state agencies
or regional centers and must be contracted out pursuant to paragraph
(3) of subdivision (b) of Section 19130 of the Government Code.
(b) (1) To avoid the potential for a conflict of interest or the
appearance of a conflict of interest, beginning January 1, 1998, the
department shall contract for clients' rights advocacy services. The
department shall solicit a single statewide contract with a nonprofit
agency that results in at least three responsive bids that meet all
of the criteria specified in paragraph (2) to perform the services
specified in subdivision (d). If three responsive bids are not
received, the department may rebid the contract on a regional basis,
not to exceed three regional contracts and one contract for
developmental centers and headquarters.
(2) Any contractor selected shall meet the following requirements:
(A) The contractor can demonstrate the capability to provide
statewide advocacy services to individuals with developmental
disabilities living in developmental centers and in the community.
(B) The contractor does not directly or indirectly provide
services to individuals with developmental disabilities, except
advocacy services.
(C) The contractor has knowledge of the service system,
entitlements, and service rights of persons receiving services from
regional centers and in state hospitals.
(D) The contractor can demonstrate the capability of coordinating
services with the protection and advocacy agency specified in
Division 4.7 (commencing with Section 4900) and the area boards.
(E) The contractor has not provided any services, except advocacy
services, to, or been employed by, any regional center or the
Association of Regional Center Agencies during the two-year period
prior to the effective date of the contract.
(c) For the purposes of this section, the Legislature further
finds and declares that because of a potential conflict of interest
or the appearance of a conflict of interest, the goals and purposes
of the regional center clients' rights advocacy services, the state
hospitals, and the services of the Office of Human Rights, cannot be
accomplished through the utilization of persons selected pursuant to
the regular civil service system, nor can the services be provided
through the department's contracts with regional centers.
Accordingly, contracts into which the department enters pursuant to
this section are permitted and authorized by paragraphs (3) and (5)
of subdivision (b) of Section 19130 of the Government Code.
(d) The contractor shall do all of the following:
(1) Provide clients' rights advocacy services to persons with
developmental disabilities who are consumers of regional centers and
to individuals who reside in the state developmental centers and
hospitals, including ensuring the rights of persons with
developmental disabilities, and assisting persons with developmental
disabilities in pursuing administrative and legal remedies.
(2) Investigate and take action as appropriate and necessary to
resolve complaints from, or concerning persons with, developmental
disabilities residing in licensed health and community care
facilities regarding abuse, and unreasonable denial, or punitive
withholding, of rights guaranteed under this division.
(3) Provide consultation, technical assistance, supervision and
training, and support services for clients' rights advocates that
were previously the responsibility of the Office of Human Rights.
(4) Coordinate the provision of clients' rights advocacy services
in consultation with the department, stakeholder organizations, and
persons with developmental disabilities and their families
representing California's multicultural diversity.
(5) Provide at least two self-advocacy trainings for consumers and
family members.
(e) In order to ensure that individuals with developmental
disabilities have access to high quality advocacy services, the
contractor shall establish a grievance procedure and shall advise
persons receiving services under the contract of the availability of
other advocacy services, including the services provided by the
protection and advocacy agency specified in Division 4.7 (commencing
with Section 4900) and the area boards.
(f) The department shall contract on a multiyear basis for a
contract term of up to five years, subject to the annual
appropriation of funds by the Legislature.
(g) This section shall not prohibit the department and the
regional centers from advocating for the rights, including the right
to generic services, of persons with developmental disabilities.

4433.5. Notwithstanding Section 4433, the department may contract
with the State Council on Developmental Disabilities for the purpose
of utilizing area boards to provide clients' rights advocacy services
to individuals with developmental disabilities who reside in
developmental centers and state hospitals. It is the intent of the
Legislature that area boards maintain local discretion in the
provision of these advocacy services. The state council shall not
direct the advocacy services provided by area boards pursuant to this
contract, except when necessary to ensure compliance with the
contracts.

4434. (a) Notwithstanding preexisting rights to enforce the
Lanterman Developmental Disabilities Services Act (Division 4.5
(commencing with Section 4500)), it is the intent of the Legislature
that the department ensure that the regional centers operate in
compliance with federal and state law and regulation and provide
services and supports to consumers in compliance with the principles
and specifics of this division.
(b) The department shall take all necessary actions to support
regional centers to successfully achieve compliance with this section
and provide high quality services and supports to consumers and
their families.
(c) The contract between the department and individual regional
centers required by Chapter 5 (commencing with Section 4620) of
Division 4.5 shall include a provision requiring each regional center
to render services in accordance with applicable provisions of state
laws and regulations. In the event that the department finds a
regional center has violated this requirement, or whenever it appears
that any regional center has engaged in or is about to engage in any
act or practice constituting a violation of any provision of
Division 4.5 (commencing with Section 4500) or any regulation adopted
thereunder, the department shall promptly take the appropriate steps
necessary to ensure compliance with the law, including actions
authorized under Section 4632 or 4635. The department, as the
director deems appropriate, may pursue other legal or equitable
remedies for enforcement of the obligations of regional centers
including, but not limited to, seeking specific performance of the
contract between the department and the regional center or otherwise
act to enforce compliance with Division 4.5 (commencing with Section
4500) or any regulation adopted thereunder.
(d) As part of its responsibility to monitor regional centers, the
department shall collect and review printed materials issued by the
regional centers, including, but not limited to, purchase of service
policies and other policies and guidelines utilized by regional
centers when determining the services needs of a consumer,
instructions and training materials for regional center staff, board
meeting agendas and minutes, and general policy and notifications
provided to all providers and consumers and families. Within a
reasonable period of time, the department shall review new or amended
purchase-of-service policies prior to implementation by the regional
center to ensure compliance with statute and regulation. The
department shall take appropriate and necessary steps to prevent
regional centers from utilizing a policy or guideline that violates
any provision of Division 4.5 (commencing with Section 4500) or any
regulation adopted thereunder.

4435. (a) The department shall establish a prevention program for
at-risk babies. For purposes of this section, "at-risk baby" means a
child under 36 months of age who is otherwise not eligible for the
California Early Intervention Program pursuant to Title 14
(commencing with Section 95000) of the Government Code or services
provided under the Lanterman Developmental Disabilities Services Act
(Division 4.5 (commencing with Section 4500)) and whose genetic,
medical, developmental, or environmental history is predictive of a
substantially greater risk for developmental disability than that for
the general population, the presence of which is diagnosed by
qualified clinicians.
(b) This program shall provide intake, assessment, case
management, and referral to generic agencies. For purposes of this
section, "generic agency" means any agency that has a legal
responsibility to serve the general public and that is receiving
public funds for providing these services.
(c) The department shall allocate to each regional center, subject
to appropriation, specific funding for this program. A regional
center's total expenditures for purchasing or providing services
under the prevention program shall not exceed the funding allocated
in its contract for this purpose.
(d) The department shall establish policies and procedures for
implementation of the prevention program by regional centers. These
policies and procedures shall define other services included in this
program and the process for appealing denial of eligibility for the
prevention program.