SECTIONS 4675-4678 - California Statutes

WELFARE AND INSTITUTIONS CODE

SECTION 4675-4678

4675. On and after January 1, 1978, the state plan established in
this division shall be the primary method used for determining, in an
orderly way, the programs and facilities that shall be developed,
expanded, terminated, or reduced. The state plan shall also state the
objectives of such programs, amounts and sources of required
funding, priorities for development, timing, agencies responsible for
implementation, and procedures for evaluation.

4676. Prior to making an appropriation or allocating any state or
federal funds for new or major expansions of programs or facilities
for persons with developmental disabilities, the state plan shall be
reviewed to determine if the proposed expenditure is consistent with
the priorities approved in the plan.
If any expenditure of such funds for new or major expansions of
programs or facilities is proposed by any agency that does not
conform to the priorities approved in the state plan, the state
council shall review and publicly comment on such proposed
expenditure.

4677. (a) (1) All parental fees collected by or for regional
centers shall be remitted to the State Treasury to be deposited in
the Developmental Disabilities Program Development Fund, which is
hereby created and hereinafter called the Program Development Fund.
The purpose of the Program Development Fund shall be to provide
resources needed to initiate new programs, and to expand or convert
existing programs. Within the context of, and consistent with,
approved priorities for program development in the state plan,
program development funds shall promote integrated residential, work,
instructional, social, civic, volunteer, and recreational services
and supports that increase opportunities for self-determination and
maximum independence of persons with developmental disabilities.
Notwithstanding any other provision of law or regulation to the
contrary, commencing July 1, 2009, parental fees remitted to the
State Treasury shall be deposited in accordance with Section 4784.
(2) In no event shall an allocation from the Program Development
Fund be granted for more than 24 months.
(b) (1) The State Council on Developmental Disabilities shall, at
least once every five years, request from all regional centers
information on the types and amounts of services and supports needed,
but currently unavailable.
(2) The state council shall work collaboratively with the
department and the Association of Regional Center Agencies to develop
standardized forms and protocols that shall be used by all regional
centers and area boards in collecting and reporting this information.
In addition to identifying services and supports that are needed,
but currently unavailable, the forms and protocols shall also solicit
input and suggestions on alternative and innovative service delivery
models that would address consumer needs.
(3) In addition to the information provided pursuant to paragraph
(2), the state council may utilize information from other sources,
including, but not limited to, public hearings, quality assurance
assessments conducted pursuant to Section 4571, regional center
reports on alternative service delivery submitted to the department
pursuant to Section 4669.2, and the annual report on self-directed
services produced pursuant to Section 4685.7.
(4) The department shall provide additional information, as
requested by the state council.
(5) Based on the information provided by the regional centers and
other agencies, the state council shall develop an assessment of the
need for new, expanded, or converted community services and support,
and make that assessment available to the public. The assessment
shall include a discussion of the type and amount of services and
supports necessary but currently unavailable including the impact on
consumers with common characteristics, including, but not limited to,
disability, specified geographic regions, age, and ethnicity, face
distinct challenges. The assessment shall highlight alternative and
innovative service delivery models identified through their
assessment process.
(6) This needs assessment shall be conducted at least once every
five years and updated annually. The assessment shall be included in
the state plan and shall be provided to the department and to the
appropriate committees of the Legislature. The assessment and annual
updates shall be made available to the public. The State Council on
Developmental Disabilities, in consultation with the department,
shall make a recommendation to the Department of Finance as to the
level of funding for program development to be included in the
Governor's Budget, based upon this needs assessment.
(c) Parental fee schedules shall be evaluated pursuant to Section
4784 and adjusted annually, as needed, by the department, with the
approval of the state council. The July 1, 2009, parental fee
adjustment shall be exempt from this approval requirement. Fees for
out-of-home care shall bear an equitable relationship to the cost of
the care and the ability of the family to pay.
(d) In addition to parental fees and General Fund appropriations,
the Program Development Fund may be augmented by federal funds
available to the state for program development purposes, when these
funds are allotted to the Program Development Fund in the state plan.
The Program Development Fund is hereby appropriated to the
department, and subject to any allocations that may be made in the
annual Budget Act. In no event shall any of these funds revert to the
General Fund.
(e) The department may allocate funds from the Program Development
Fund for any legal purpose, provided that requests for proposals and
allocations are approved by the state council in consultation with
the department, and are consistent with the priorities for program
development in the state plan. Allocations from the Program
Development Fund shall take into consideration the following factors:
(1) The future fiscal impact of the allocations on other state
supported services and supports for persons with developmental
disabilities.
(2) The information on priority services and supports needed, but
currently unavailable, submitted by the regional centers.
Consistent with the level of need as determined in the state plan,
excess parental fees may be used for purposes other than programs
specified in subdivision (a) only when specifically appropriated to
the State Department of Developmental Services for those purposes.
(f) Under no circumstances shall the deposit of federal moneys
into the Program Development Fund be construed as requiring the State
Department of Developmental Services to comply with a definition of
"developmental disabilities" and "services for persons with
developmental disabilities" other than as specified in subdivisions
(a) and (b) of Section 4512 for the purposes of determining
eligibility for developmental services or for allocating parental
fees and state general funds deposited in the Program Development
Fund.

4678. (a) The State Council on Developmental Disabilities, in
implementing subdivision (b) of Section 4677, and with the support of
the State Department of Developmental Services, shall convene a
stakeholder workgroup on alternative and expanded options for
nonresidential services and supports. The workgroup shall include
persons with developmental disabilities, family members, providers,
and other system stakeholders. The workgroup shall develop
recommendations on how to best achieve all of the following:
(1) The development and expansion of community-based models that
provide an array of nonresidential options, including, but not
limited to, participation in integrated instructive, social, civic,
volunteer, and recreational activities.
(2) The development and expansion of community-based work
activities, including, but not limited to, customized employment
development, integrated job training, and employer-provided job
coaching.
(3) The expansion of work opportunities in the public sector.
(4) The increased utilization of existing models, including, but
not limited to, self-directed services, vouchers, family teaching
models, existing habilitation, and supported work vendors to
facilitate access to nontraditional community-based nonresidential
activities.
(5) Strategies to promote and duplicate successful and innovative
models developed in California and in other states.
(6) The identification of, and strategies to address, statutory,
regulatory, licensing, vendor-related, funding and other types of
barriers to achieving the goals identified in this act, including
strategies to improve individualization of services and supports by
increased flexibility in design, staffing, and compensation.
(b) By May 1, 2007, the State Council on Developmental
Disabilities shall submit recommendations from the workgroup to the
Governor and appropriate committees of the Legislature and may,
thereafter, incorporate subsequent recommendations into its state
plan developed pursuant to Section 4561.