SECTIONS 4830-4846 - California Statutes

WELFARE AND INSTITUTIONS CODE

SECTION 4830-4846

4830. As used in this chapter:
(a) "Continuum" means a coordinated multicomponent services system
within the geographic borders of each of the 13 area boards on
developmental disabilities whose design shall support the sequential
developmental needs of persons such that the pattern of these
services provides an unbroken chain of experience, maximum personal
growth and liberty.
(b) "Normalization" means making available programs, methods, and
titles which are culturally normative, and patterns and conditions of
everyday life which are as close as possible to the norms and
patterns of the mainstream of society.
(c) "Designated agency" means the legal entity selected by the
Department of Developmental Services to be responsible for organizing
or providing services within each continuum or both.

4831. The State Department of Developmental Services may develop
the design and phase-in plan for continuums and may designate one or
more designated agencies to implement community living continuums
throughout the state, after consideration of a recommendation from
the respective area board on developmental disabilities in
conjunction with recommendations from the appropriate regional
center.

4832. An area board may review and evaluate existing and proposed
community living arrangement programs within their jurisdiction and
may make a recommendation to the Director of the Department of
Developmental Services concerning programs which should be considered
as the most appropriate agency to be designated as responsible for
the implementation of the community living continuum within their
area. These programs shall include, but not be limited to, those
which have been funded through the issuance of Mental Retardation
Private Institutions' Fund grants, Developmental Disability Community
Development grants, and model state hospital programs. Consideration
shall be given to all of the following:
(a) Private nonprofit corporations.
(b) Public agencies.
(c) A joint powers agreement agency.
At least one-third of the board of directors, public or private or
an advisory committee in the event a public agency is selected,
shall be composed of consumer representatives, including members of
the immediate family of the consumer.
No person shall serve as a director or advisory committee member
who has a financial interest, as defined in Section 87103 of the
Government Code, in designated agency operations, except with respect
to any interest as a consumer of a designated agency or regional
center services.

4833. Upon designation by the Department of Developmental Services
pursuant to Section 4831, the designated agency established pursuant
to Section 4832 shall:
(a) Design, organize and/or provide services for persons in local
communities.
(b) Seek and utilize funds from all available resources.
(c) Assure that all programs within the community living continuum
shall provide all employees with competency-based, pre- and
in-service training, which is coordinated with appropriate, public
education agencies.
(d) Establish public support and acceptance for community
development with full integration of individuals with developmental
special needs.
The community living continuums shall be based upon the principle
of normalization and shall include provisions for, but not be limited
to, individual choice of living in home, in various types of
apartments, small group dwellings, or condominiums. The department
and these programs shall assure that services are provided in, or as
close to, a person's home community as feasible.

4834. The Director of the Department of Developmental Services may
contract with a designated agency, pursuant to this chapter.

4835. The Director of Developmental Services may establish uniform
operational procedures, performance and evaluation standards and
utilization criteria for designated agencies pursuant to this
chapter.
These standards and criteria shall be developed with participation
by consumer organizations, area boards on developmental
disabilities, the Association of Regional Center Agencies, the
Department of Social Services, the Department of Health Services, the
Department of Education, the Department of Rehabilitation, and the
Department of Mental Health and consultations with individuals with
experience in developmental services programming.

4836. The director shall prepare a yearly report to the Legislature
on the progress and effectiveness of the system using the state
evaluation model in accordance with this division.

4837. The Director of Developmental Services may provide 90-day
advance funding to the designated agency or community-based programs
for the development or provision of continuum services under the
jurisdiction of the department.
Notwithstanding any other provision of law, any contract entered
into by the department with a designated agency pursuant to this
chapter may provide for periodic advance payments for services to be
performed under such contract. No advance payment made pursuant to
this section shall exceed 25 percent of the total annual contract
amount.

4839. The State Department of Developmental Services may study and
prepare a plan in cooperation with the State Council on Developmental
Disabilities. The plan should consider the following:
(a) Necessary technical assistance, training, and evaluation to
assure standards of quality and program success.
(b) Maximization of existing state and federal resources available
to assist persons with developmental special needs to live in the
least restrictive environment possible, including the following:
(1) Federal housing subsidy and assistance.
(2) Supplemental security income.
(3) Local social services.
(4) Local and state health services and related resources.
(c) Procedural standards for designated agencies, including the
following:
(1) Program development process.
(2) Training for workers in the developmental services field.
(3) Management information system.
(4) Fiscal accountability and cost benefit control.
(5) Establishment of contractual relationships.
(6) Evaluation.

4841. Notwithstanding the provisions of Sections 4675, 4676 and
4677, the Director of Developmental Services, when reviewing,
approving, and allocating money from the Program Development Fund for
community living arrangements, shall give high priority to programs
which may be included in a continuum.

4843. To accomplish the goals enumerated in Section 4833, the
director may:
(a) Develop a continuum training model and provide technical
assistance to providers of community living arrangements through
state and county agencies and regional center professional
collaboration.
(b) Establish competency-based training programs.
(c) Centralize and increase the availability and dissemination of
information regarding community living arrangements.
(d) Assist the agencies in community living continuums and
regional centers in the recruitment of qualified care providers and
staff in order to fulfill the increasing need for quality living
arrangements and support services.

4844. The Director of Developmental Services shall initiate and
monitor interagency performance agreements between the Department of
Rehabilitation, the Department of Mental Health, the Department of
Health Services, the Department of Social Services, and the
Department of Housing and Community Development to assure planning,
coordination and resource sharing.

4845. If authorized by regulations adopted by the department and if
not available through other state or local programs, the continuum
services may with respect to the designated agency, include, but
shall not be limited to:
(a) Family subsidy programs.
(b) In-home support services.
(c) Subsidized adoptive and quasi-adoptive foster care services.
(d) Alternative respite services.
(e) Crisis assistance.
(f) Independent and semi-independent living.
(g) Group living for six or fewer persons.
(h) Programs to meet the special needs of individuals who are
medically fragile.
(i) Services to persons requiring maximum supervision due to
intensive behavioral and severe developmental special needs.
It is not the intent of this section to release any other state or
local agency of its program responsibilities.

4846. Interagency agreements shall be established between the
regional centers and the community living continuums to assure clear
roles and responsibilities for delivery of services; and may include
the Department of Rehabilitation Independent Living Programs where
applicable.