SECTIONS 4540 - California Statutes

WELFARE AND INSTITUTIONS CODE

SECTION 4540

4540. In order to comply with the intent and requirements of this
division and Public Law 106-402 (42 U.S.C. Sec. 15001 et seq.), the
state council, in addition to any other responsibilities established
under this division and to the extent that resources are available,
shall do all of the following:
(a) Serve as the "state planning council" responsible for
developing the "California Developmental Disabilities State Plan," in
accordance with requirements issued by the United States Secretary
of Health and Human Services, monitoring and evaluating the
implementation of this plan, reviewing and commenting on other plans
and programs in the state affecting persons with developmental
disabilities, and submitting these reports as the United States
Secretary of Health and Human Services may reasonably request.
(b) Serve as the official agency responsible for planning the
provision of the federal funds allotted to the state under Public Law
106-402 (42 U.S.C. Sec. 15001 et seq.), and apportion these funds
among agencies and area developmental disabilities boards in
compliance with applicable state and federal law.
(c) Prepare and approve a budget, for the use of amounts paid to
the state to hire any staff and to obtain the services of any
professional, technical, or clerical personnel consistent with state
and federal law, as the council determines to be necessary to carry
out its functions.
(d) (1) Conduct activities related to meeting the objectives of
the state plan. To the extent that resources are available, these
activities shall include all of the following:
(A) Through support of the area boards, engaging in geographically
based outreach and individual and systemic advocacy to assist and
enable individuals and families to obtain services, supports, and
other forms of assistance.
(B) Support and conduct technical assistance activities to assist
public and private entities to contribute to the objectives of the
state plan.
(C) Support and conduct activities to promote interagency
collaboration and coordination at the state and local levels.
(D) Support and conduct activities to educate the public about the
capabilities, preferences, and needs of individuals with
developmental disabilities and their families, and to develop and
support coalitions that support the policy agenda of the council,
including training in self-advocacy, education of policymakers, and
citizen leadership roles.
(E) Support and conduct activities to provide information to
policymakers.
(2) These activities may also include, but shall not be limited
to, all of the following:
(A) Support and conduct training for persons with developmental
disabilities, their families, and personnel, to enable these
individuals to obtain access to, or to provide, community services,
individualized supports, and other forms of assistance.
(B) Support and conduct activities to assist neighborhoods and
communities to respond positively to individuals with disabilities
and their families.
(C) Support and conduct activities to eliminate barriers to access
and use of community services by individuals with developmental
disabilities, enhance system design and redesign, and enhance citizen
participation.
(D) Support and conduct, on a time-limited basis, activities to
demonstrate new approaches to serving individuals with developmental
disabilities that are a part of an overall strategy for systemic
change.
(e) Conduct other activities, including, but not limited to,
public hearings and forums and the evaluation and issuance of public
reports on the programs identified in the state plan, as may be
necessary to carry out the duties of the state council.
(f) Review and comment on pertinent portions of the proposed plans
and budgets of all state agencies serving persons with developmental
disabilities to include, but not be limited to, the State Department
of Education, the Department of Rehabilitation, and the State
Department of Developmental Services. This review may include public
hearings prior to the submission of the Governor's Budget to the
Legislature, with advice directed to the Governor, and after
introduction of the Governor's Budget, with advice directed to the
Legislature.
(g) Prepare an annual written report of its activities, its
recommendations, and an evaluation of the efficiency of the
administration of this division to the Governor and the Legislature.
This report shall include both the statewide activities of the
state council and the local activities of the area boards.
(h) Review and publicly comment on significant regulations
proposed to be promulgated by any state agency in the implementation
of this division.
(i) Monitor the execution of this division and report directly to
the Governor and the Legislature any delay in the rapid execution of
this division.
(j) Be responsible for monitoring and evaluating the effectiveness
of appeals procedures established in this division.
(k) Provide testimony to legislative committees reviewing fiscal
or policy matters pertaining to persons with developmental
disabilities.
(l) Conduct, or cause to be conducted, investigations or public
hearings to resolve disagreements between state agencies, or between
state and regional or local agencies, or between persons with
developmental disabilities and agencies receiving state funds. These
investigations or public hearings shall be conducted at the
discretion of the state council only after all other appropriate
administrative procedures for appeal, as established in state and
federal law, have been fully utilized.
Except as otherwise provided in this division, the state council
shall not engage in the administration of the day-to-day operation of
service programs identified in the state plan, nor in the financial
management and accounting of funds. These activities shall be
performed by appropriate agencies designated in the state plan.
(m) To the greatest extent possible, area boards shall participate
in conducting the activities described in this section.