SECTIONS 4543-4548 - California Statutes

WELFARE AND INSTITUTIONS CODE

SECTION 4543-4548

4543. (a) Because of the vast size, complexity, and diversity of
the State of California, the Legislature finds that the planning
activities of the State Council on Developmental Disabilities depend
upon the direct involvement of local representatives familiar with
the structure and operation of services and programs for persons with
developmental disabilities. The Legislature further finds that the
legal, civil, and service rights of persons with developmental
disabilities cannot be adequately guaranteed throughout the state,
and the state plan cannot be implemented, unless monitoring
responsibility is established on a regional basis through area boards
on developmental disabilities.
(b) For administrative purposes and to ensure compliance with
federal and state laws, the area boards shall be attached to the
state council.

4544. The area boards in existence as of January 1, 2003, shall
continue to exist, within the same geographic regions of the state
after January 1, 2003, but shall thereafter be constituted and shall
operate according to this article.

4545. The State Council on Developmental Disabilities shall
periodically conduct a thorough review of the geographic boundaries
served by area boards to determine whether existing area board
boundaries should be changed, or additional area boards should be
established to more effectively implement this division. In
conducting this review, the state council shall seek input from area
boards, persons with developmental disabilities, family members,
service providers, advocates, and other interested parties. Prior to
recommending the establishment of new geographic boundaries, the
state council shall hold a public hearing within any existing area
board geographic area affected by the proposed change. The state
council shall submit to the Governor and the Legislature any
recommendations for changes in area board boundaries or
recommendations that additional area boards be established. Any area
board established after January 1, 2003, shall nominate a member to
be appointed by the Governor as a voting member of the state council
pursuant to Section 4521.

4546. After January 1, 2003, area boards shall be comprised as
follows:
(a) For areas consisting of one to four counties, the area board
shall consist of a total of 12 voting members appointed by the
governing bodies of the counties, each county appointing an equal
number of voting members, and five voting members appointed by the
Governor.
(b) For areas consisting of five to seven counties, the area board
shall consist of two voting members appointed by the governing body
of each county, and five voting members appointed by the Governor.
(c) For areas consisting of eight or more counties, the area board
shall consist of one voting member appointed by the governing body
of each county, and five members appointed by the Governor.
Of the members first appointed, five shall serve for one year,
five shall serve for two years, and the remaining members shall serve
for three years. Subsequent members shall serve for three years. In
counties with a population of more than 100,000, no member shall
serve more than two consecutive three-year terms.
(d) The governing bodies of the counties in each area shall select
their appointees from among the following groups, and, to the extent
feasible, in the following proportions:
(1) Sixty percent from persons with developmental disabilities or
the immediate relatives, guardians, or conservators of these persons.
(2) Forty percent from representatives of the general public.
(e) The appointments made by the Governor shall meet the
requirements of paragraph (1) of subdivision (b) of Section 4521.
(f) (1) Prior to making their appointments, the Governor and the
governing bodies of counties shall request recommendations from
professional organizations, from organizations within the area
representing persons with developmental disabilities, and from
organizations and agencies within the area that deliver services to
these individuals.
(2) In making their appointments, the Governor and the governing
bodies of counties shall appoint persons who have demonstrated
interest and leadership in human service activities.
(g) (1) In order to prevent any potential conflicts of interest,
voting members of area boards shall not be employees of a state,
local, or private agency or facility that provides service to a
person with a developmental disability, or be members of the
governing board of any entity providing this service, when the
service is funded in whole or in part with state funds.
(2) For purposes of this section "employees of a state, local, or
private agency or facility that provides services to a person with a
developmental disability" shall not be deemed to include any of the
following:
(A) A parent, relative, guardian, or conservator who receives
public funds expressly for the purpose of providing direct services
to his or her child, relative, ward, or conservatee, respectively,
who is a person with a developmental disability.
(B) A person with a developmental disability who receives
employment services through a provider receiving state or federal
funds.
(C) A person who serves as a member of the state council.
(h) The Governor shall give consideration to the relative
populations of the counties within the area in selecting appointees
to the area boards.
(i) A member may continue to serve following the expiration of his
or her term until the Governor or appointing body of the county
appoints that member's successor. The state council shall notify the
Governor or the appointing body of the county regarding membership
requirements of the area boards and shall notify the Governor or the
appointing body of the county at least 60 days before a member's term
expires, and when a vacancy on an area board remains unfilled for
more than 60 days.
(j) All members of the area board shall be residents of the area.
(k) The members of an area board shall serve without compensation,
but shall be reimbursed for any actual and necessary expenses
incurred in connection with the performance of their duties as
members of the board or of committees established by the board.

4547. (a) Each area board shall meet at least quarterly, and on
call of the board chairperson, as often as necessary to fulfill its
duties. All meetings and records of the area board shall be open to
the public.
(b) (1) Each area board shall, by majority vote of the voting
members, elect its own chairperson from among the appointed members
who are persons with developmental disabilities, or parents,
immediate relatives, guardians, or conservators of these persons, and
shall establish any committees it deems necessary or desirable. The
board chairperson shall appoint all members of committees of the area
board.
(2) An area board may call upon representatives of all agencies
receiving state funds, for assistance and information, and shall
invite persons with developmental disabilities, their parents,
immediate relatives, guardians, or conservators, professionals, or
members of the general public to participate on area board
committees.
(3) When convening any task force or advisory group, the area
board shall make its best effort to ensure representation by
consumers and family members representing the community's
multicultural diversity.

4548. (a) Area boards shall locally assist the state council with
the implementation of subtitles A and B of Title I of Public Law
106-402 (42 U.S.C. Sec. 15001 et seq.).
(b) Area boards shall protect and advocate the rights of all
persons in the area with developmental disabilities.
(c) Area boards shall conduct capacity building activities and
provide advocacy for systemic change.
(d) (1) The area board shall have the authority to pursue legal,
administrative, and other appropriate remedies to ensure the
protection of the legal, civil, and service rights of persons who
require services or who are receiving services in the area. In
carrying out this responsibility, area boards may appoint a
representative to assist the person in expressing his or her desires
and in making decisions and advocating his or her needs, preferences,
and choices, where the person with developmental disabilities has no
parent, guardian, or conservator legally authorized to represent him
or her and the person has either requested the appointment of a
representative or the rights or interests of the person, as
determined by the area board, will not be properly protected or
advocated without the appointment of a representative.
(2) Where there is no guardian or conservator, the person's
choice, if expressed, including the right to reject the assistance of
a representative, shall be honored. If the person does not express a
preference, the order of preference for selection of the
representative shall be the person's parent, involved family member,
or a volunteer selected by the area board. In establishing these
preferences, it is the intent of the Legislature that parents or
involved family members shall not be required to be appointed
guardian or conservator in order to be selected. Unless the consumer
expresses otherwise, or good cause otherwise exists, the request of
the parents or involved family members to be appointed the
representative shall be honored.
(3) Where appropriate pursuant to this section, the area board
shall appoint a representative to advocate the rights and protect the
interests of a person residing in a developmental center for whom
community placement is proposed pursuant to Section 4803.
(4) The area board shall identify any evidence of the denial of
these rights, shall inform the appropriate local, state, or federal
officials of their findings, and shall assist these officials in
eliminating all forms of discrimination against persons with
developmental disabilities in housing, recreation, education, health
and mental health care, employment, and other service programs
available to the general population.
(e) Area boards shall conduct, or cause to be conducted, public
information programs for consumers, families, professional groups,
and for the general public, to increase professional and public
awareness of prevention and habilitation programs, and to eliminate
barriers to social integration, employment, and participation of
persons with developmental disabilities in all community activities.
(f) Area boards shall encourage and assist in the establishment or
strengthening of self-advocacy organizations led by individuals with
developmental disabilities.
(g) (1) To the extent that resources are available, area boards
shall review the policies and practices of publicly funded agencies
that serve or may serve persons with developmental disabilities, to
determine if the programs are meeting their obligations under local,
state, and federal laws. A regional center may notify the area board
when the regional center believes a publicly funded program is
failing to meet its obligations in serving persons with developmental
disabilities. The regional center may provide the area board with a
comprehensive summary of the issues and the statute or regulation
alleged to be violated. If the area board finds that the agency is
not meeting its obligations, the area board shall inform the director
and the managing board of the noncomplying agency, in writing, of
its findings.
(2) Within 15 days, the agency shall respond, in writing, to the
area board's findings. Following receipt of the agency's response, if
the area board continues to find that the agency is not meeting its
obligations, the area board shall pursue informal efforts to resolve
the issue.
(3) If, within 30 days of implementing informal efforts to resolve
the issue, the area board continues to find that the agency is not
meeting its obligations under local, state, or federal statutes, the
area board shall conduct a public hearing to receive testimony on its
findings.
(4) If the problem has not been resolved within 30 days following
the public hearing, the area board may provide the state council with
its findings and may request authorization to initiate legal action.
An area board shall not initiate legal action without prior
authorization from the state council. However, the area board may
assist any other person, agency, or organization that may pursue
litigation related to the area board's findings.
(5) The executive director of the state council shall review the
findings developed pursuant to this subdivision and may conduct
additional factfinding investigations. The executive director shall
report his or her findings to the state council within 30 days and
shall recommend a course of action to be pursued by the council, the
area board, or other state administrative or legislative officials.
(6) The state council shall review the report of the executive
director and shall take any action it deems necessary to resolve the
problem. If the state council authorizes the area board to initiate
legal action, the state council shall make legal assistance available
to the area board pursuant to the legal services provisions of
Public Law 106-402 (42 U.S.C. Sec. 15001 et seq.).
(h) Area boards shall encourage the development of needed services
and supports of good quality that do not result in duplication,
fragmentation of services, and unnecessary expenditures. Prior to
providing additional funds for major expansion of existing programs,
creation of new programs, or establishment of pilot projects to test
new methodologies of service delivery for persons with developmental
disabilities within an area board catchment area, the department or
regional center, as appropriate, shall consult with the area board
regarding the appropriateness of those program developments.
(i) In carrying out their review functions, area boards shall
solicit the advice of knowledgeable professionals, consumers, and
consumer representatives about problems within the service delivery
system in the region. In enacting this article, it is the intent of
the Legislature that the area boards not duplicate the functions
assigned to other agencies that are routinely responsible for
monitoring, regulating, or licensing programs for persons with
developmental disabilities. Area boards may call upon these agencies
for information and assistance in order to carry out their
responsibilities more effectively. Unless otherwise prohibited by
law, these agencies shall provide information requested by the area
boards, and shall cooperate fully in complying with all reasonable
requests for assistance.
(j) (1) Area boards shall remain informed about the quality of
services in the area, and shall inform appropriate state and local
licensing agencies of alleged fire, safety, health, or other
violations of legally established standards, in any facility
providing service to persons with developmental disabilities, that
may be brought to the attention of the area board.
(2) If an area board receives evidence of criminal misconduct by
an individual or agency funded in whole or in part with state funds
under this division, the area board shall immediately inform
appropriate public safety agencies about the alleged misconduct.
(k) (1) Area boards shall cooperate with county coordinating
councils on developmental disabilities, other regional planning
bodies, and consumer organizations in the area. Area boards shall
comply with the reasonable requests of these groups and may request
the assistance of the groups in carrying out area board
responsibilities.
(2) The governing body of any county within the area may request
that the area board study or investigate programs in the county for
persons with developmental disabilities. The area board shall
cooperate with county governments to the fullest extent possible
within the limitations of the resources of the board.
(l) Each area board shall submit to the state council a summary of
its activities and accomplishments in the previous year. The state
council, in consultation with area boards, shall determine the timing
of, and format for, this summary.
(m) It is the intent of the Legislature that area boards shall
maintain local discretion in conducting their advocacy activities.
The state council shall not direct the advocacy activities of the
area boards, except when specifically authorized by law, or when
necessary to ensure compliance with federal requirements.