SECTIONS 4520-4523 - California Statutes

WELFARE AND INSTITUTIONS CODE

SECTION 4520-4523

4520. (a) The Legislature finds that services for persons with
developmental disabilities constitute a major expenditure of public
funds, that these programs are provided by hundreds of public and
private statewide and local agencies, that the legal, civil, and
service rights of persons with developmental disabilities are
frequently denied, and that there is no effective method for planning
and coordinating the state's resources to assure these rights.
Therefore, a State Council on Developmental Disabilities with
authority independent of any single state service agency is needed
and is hereby created.
(b) The Legislature further finds that the state faces unique
challenges because of its size and diversity, and neighborhoods and
communities lack the support necessary to monitor system functions
and ensure the legal, civil, and service rights of persons with
developmental disabilities. Therefore, local area boards on
developmental disabilities shall be established to conduct the local
advocacy, capacity building, and systemic change activities required
by the federal Developmental Disabilities Assistance and Bill of
Rights Act of 2000 (Public Law 106-402 (42 U.S.C. Sec. 15001)).
(c) This chapter, Chapter 3 (commencing with Section 4560), and
Chapter 4 (commencing with Section 4570), and Division 4.7
(commencing with Section 4900), are intended by the Legislature to
secure full compliance with the requirements of the Developmental
Disabilities Assistance and Bill of Rights Act of 2000 (Public Law
106-402), as amended and extended, which provides federal funds to
assist the state in planning, coordinating, monitoring, and
evaluating services for persons with developmental disabilities and
in establishing a system to protect and advocate the legal and civil
rights of persons with developmental disabilities.

4521. (a) All references to "state council" in this part shall be a
reference to the State Council on Developmental Disabilities.
(b) There shall be 31 voting members on the state council
appointed by the Governor, as follows:
(1) One member from each of the 13 area boards on developmental
disabilities described in Article 6 (commencing with Section 4543),
nominated by the area board to serve as a council member, who shall
be persons with a developmental disability, as defined in Section
15002(8) of Title 42 of the United States Code, or parents or
guardians of minors with developmental disabilities or conservators
of adults with developmental disabilities residing in California.
Five of these members shall be persons with a developmental
disability, as defined in Section 15002(8) of Title 42 of the United
States Code, three shall be parents, immediate relatives, guardians,
or conservators of persons with developmental disabilities, and five
shall be either a person with a developmental disability or a parent,
immediate relatives, guardian, or conservator of a person with a
developmental disability. The nominee from each area board shall be
an area board member who was appointed by the Governor.
(2) Eleven members of the council shall include the following:
(A) The Secretary of California Health and Human Services, or his
or her designee, who shall represent the agency and the state agency
that administers funds under Title XIX of the Social Security Act for
people with developmental disabilities.
(B) The Director of Developmental Services or his or her designee.
(C) The Director of Rehabilitation or his or her designee.
(D) The Superintendent of Public Instruction or his or her
designee.
(E) A representative from a nongovernmental agency or group
concerned with the provision of services to persons with
developmental disabilities.
(F) One representative from each of the three university centers
for excellence in the state, pursuant to Section 15061 et seq. of
Title 42 of the United States Code, providing training in the field
of developmental services. These individuals shall have expertise in
the field of developmental disabilities.
(G) The Director of Health Care Services or his or her designee.
(H) The executive director of the agency established in California
to fulfill the requirements and assurance of Title I, Subtitle C, of
the federal Developmental Disabilities Assistance and Bill of Rights
Act of 2000 for a system to protect and advocate the rights of
persons with developmental disabilities, or his or her designee.
(I) The Director of Aging or his or her designee.
(3) Seven members at large, appointed by the Governor, as follows:
(A) Three shall be persons with developmental disabilities, as
defined in Section 15002(8) of Title 42 of the United States Code.
(B) One shall be a person who is a parent, immediate relative,
guardian, or conservator of a resident of a developmental center.
(C) One shall be a person who is a parent, immediate relative,
guardian, or conservator of a person with a developmental disability
living in the community.
(D) One shall be a person who is a parent, immediate relative,
guardian, or conservator of a person with a developmental disability
living in the community, nominated by the Speaker of the Assembly.
(E) One shall be a person with developmental disabilities, as
defined in Section 15002(8) of Title 42 of the United States Code,
nominated by the Senate Committee on Rules.
(c) Prior to appointing the 31 members pursuant to this section,
the Governor shall request and consider recommendations from
organizations representing, or providing services to, or both,
persons with developmental disabilities, and shall take into account
socioeconomic, ethnic, and geographic considerations of the state.
(d) The term of each member described in paragraph (1) of,
subparagraphs (E) and (H) of paragraph (2) of, and paragraph (3) of,
subdivision (b) shall be for three years; provided, however, of the
members first appointed by the Governor pursuant to paragraph (1) of
subdivision (b), five shall hold office for three years, four shall
hold office for two years, and four shall hold office for one year.
In no event shall any member described in paragraph (1) of,
subparagraphs (E) and (H) of paragraph (2) of, and paragraph (3) of,
subdivision (b) serve for more than a total of six years of service.
Service by any individual on any state council on developmental
disabilities existing on and after January 1, 2003, shall be included
in determining the total length of service.
(e) Members appointed to the state council prior to June 1, 2002,
shall continue to serve until the term to which they were appointed
expires. Members appointed on June 1, 2002, or thereafter shall have
their terms expire on January 1, 2003.
(f) Notwithstanding subdivision (c) of Section 4546, members
described in subdivision (b) shall continue to serve on the area
board following the expiration of their term on the area board until
their term on the state council has expired.
(g) A member may continue to serve following the expiration of his
or her term until the Governor appoints that member's successor. The
state council shall notify the Governor regarding membership
requirements of the council and shall notify the Governor at least 60
days before a member's term expires, and when a vacancy on the
council remains unfilled for more than 60 days.

4521.5. Notwithstanding Section 7.5 of the Government Code, each
designee shall act as the member in his or her place and stead to all
intents and purposes as though the director or secretary were
personally present, including the right of the designee to be counted
in constituting a quorum to participate in the proceeding of the
state council and to vote upon any and all matters.
Each designee shall have the right to represent the director or
secretary who appointed him or her regardless of the number of other
designees representing directors or secretaries at a particular
meeting or session of the state council. Each designee shall
represent only one director or secretary at any meeting or session of
the state council.

4521.6. For purposes of this chapter, the Governor's appointment of
the Secretary of Health and Human Services, the Director of the
California Department of Aging, Director of Developmental Services,
Director of Health Services, and Director of the Department of
Rehabilitation shall also constitute his or her appointment as a
member of the State Council on Developmental Disabilities.

4522. Nothing in this chapter shall prevent the reappointment or
replacement of any individual presently serving on the existing state
council if the reappointment or replacement is in conformity with
all of the criteria established in this chapter.

4523. Persons appointed to membership on the state council shall
have demonstrated interest and leadership in human service
activities, including interest in Californians who have developmental
disabilities, their families, services, and supports.