SECTIONS 4560-4568 - California Statutes

WELFARE AND INSTITUTIONS CODE

SECTION 4560-4568

4560. The Legislature finds that whenever multiple, uncoordinated,
and duplicative planning activities are conducted by different state
agencies on behalf of persons with developmental disabilities, the
result is confusion of responsibilities, a lack of systemwide
priorities, and failure to make the most appropriate use of all
federal, state, and local funds and programs.

4561. In order to integrate all relevant state planning and
budgeting, and in order to comply with federal requirements, a
California Developmental Disabilities State Plan shall be prepared by
the state council not less often than once every five years, and
shall be reviewed and revised, as necessary, on an annual basis. All
references in this part to "state plan" shall be references to the
California Developmental Disabilities State Plan.
The state plan shall include, but not be limited to, all state
plan requirements contained in subtitles A and B of Title I of Public
Law 106-402 (42 U.S.C. Sec. 15001 et seq.), or requirements
established by the United States Secretary of Health and Human
Services.

4562. (a) The state council and the area boards on developmental
disabilities shall conduct activities necessary to develop or
implement the state plan in the various regions of the state.
(b) In preparing this plan, the council shall utilize information
provided by the area boards, statewide and local entities,
individuals with developmental disabilities, family members, and
other interested parties, to help identify and prioritize actions
needed to improve California's system of services and supports for
persons with developmental disabilities. The purpose of the plan
shall be to ensure a coordinated and comprehensive system of
community services and supports that is consumer and family centered
and consumer and family directed, and to enable individuals with
developmental disabilities to exercise self-determination,
independence, productivity, and to be integrated and included in all
facets of community life.

4563. (a) Area boards shall assess the extent to which services,
supports, and other forms of assistance are available to individuals
with developmental disabilities and their families within the area
board catchment area, and shall make recommendations of objectives in
both policy reform and service demonstration, based on identified
service and support needs and priorities within the area board
catchment area, to be included in the state plan.
(b) Area boards shall participate with the state council in the
development and implementation of the state plan and shall submit any
information concerning the area's services, needs, and priorities to
the state council in a time and format as may be required to meet
federal reporting requirements.

4564. The state council, in conjunction with the area boards, shall
conduct open hearings on the state plan and related budgetary issues
prior to submission of the plan pursuant to Section 4565.

4565. The state plan shall be given to the Governor, the Secretary
of the California Health and Human Services Agency, the protection
and advocacy agency designated by the Governor to fulfill the
requirements and assurances of the federal Developmental Disabilities
Assistance and Bill of Rights Act of 2000, the Superintendent of
Public Instruction, the Legislature, and to the chairpersons of all
area boards for review and comment prior to its submission by the
chairperson of the state council to the United States Secretary of
Health and Human Services.
Copies of the state plan shall be provided, no later than November
1 of each year, to the Director of Finance and to the Legislature
for guidance in the development of the Governor's Budget and
legislative review of the budget, and for guidance in other
legislation pertaining to programs for persons with developmental
disabilities.

4566. The state plan shall, in addition to the requirements
established herein, comply in substance and format with requests of
the Secretary of Health and Human Services.

4567. All state agencies shall cooperate with the reasonable
requests of the state council by providing information to the state
council in the preparation of the state plan. Any expenditures
incurred by state agencies in providing this assistance to the state
council shall be identified in the state plan and in the state agency'
s annual budget. These expenditures may be funded in whole or in part
by state funds appropriated as the required state share of the
developmental disabilities program, or by federal funds from Public
Law 106-402, as amended (42 U.S.C. Sec. 15001 et seq.), or both, when
the state council allots funds for these purposes in the state plan.

4568. In no event shall the state council allot federal funds from
Public Law 106-402, as amended (42 U.S.C. Sec. 15001 et seq.), to
state agencies to replace state funds currently allocated to those
agencies for the purpose of planning programs for persons with
developmental disabilities.