This law establishes that there is a State Department of Developmental Services within the Health and Welfare Agency.

This section provides definitions for key terms used in this part of the law. In this context, "Department" refers to the State Department of Developmental Services, "Director" refers to the Director of Developmental Services, and "State hospital" is any hospital mentioned in Section 4440.

This law states that the Director of Developmental Services is in charge of the department.

The Governor, with the Senate's approval, appoints the Director of Developmental Services, who serves at the Governor's discretion and has the same authority as a department head. This director's salary is determined by existing government salary regulations.

The Governor can also appoint a chief deputy director for the department, based on the director's recommendation. This deputy director also serves at the Governor's pleasure, and their salary is set according to legal guidelines.

The State Department of Developmental Services now takes over all roles and responsibilities related to developmental disabilities from the State Department of Health. This change is effective starting the day this law was enacted.

This law states that the State Department of Developmental Services controls all records and property used by the Director of Health for duties that the department is responsible for, as per another section of the law.

This law states that officers and employees of the Director of Health who are in state civil service will be transferred to the State Department of Developmental Services if they are working in roles specified by another section. Their employment status, positions, and rights will remain unchanged by this transfer, as long as they are not in temporary positions or exempt from civil service rules.

This section mandates that individuals like employees, contractors, and volunteers who may interact with developmental centers or certain related programs must undergo a criminal history check. This check is for those with access to people receiving services, their medical information, or criminal histories, and it aims to ensure safety and security. The State Department of Developmental Services must send fingerprints and related details to the Department of Justice to check state and federal criminal records. The law is designed to give the department access to comprehensive criminal history information for background checks.

This section states that any regulations previously set by the State Department of Health, which are now under the authority of the State Department of Developmental Services, will continue to be in effect. These regulations remain enforceable unless the Director of Developmental Services decides to readopt, change, or repeal them.

This law section allows the director of the State Department of Developmental Services, with approval from the Department of General Services, to accept certain types of contributions to help advance their work. These contributions can include grants involving real estate, money provided by the U.S. government that is managed by a state department, and monetary gifts from various public or private entities, such as individuals or organizations interested in areas like science, education, charity, or mental health.

This law allows the department to use money that is currently available or will be available in the future to carry out its duties or manage any laws it oversees, as long as it is done according to the law.

This law allows the department to spend money on travel expenses for its officers and employees when they need to leave California for official business. Official business includes attending national meetings focused on the care and treatment of developmentally disabled patients, and meeting with other states or federal officials to improve care and management in state institutions. Such expenses need approval from both the Governor and the Director of Finance.

This law allows the department to hire and set salaries for employees as needed, but they must follow civil service rules.

This law requires that when the department forms a task force or advisory group, it must try hard to include members who represent the diverse cultural backgrounds of Californians, including both consumers and their families.

This section states that, unless there are specific exceptions in this chapter, the rules and standards that apply to state officers and departments under the Government Code also apply to the State Department of Developmental Services.

This section establishes the role of the Director of Protective Services within California's Office of Protective Services. This director is responsible for overseeing law enforcement and fire protection across the department, including at state developmental centers. The person appointed must have significant law enforcement experience and appropriate certification. The Director reports to the Secretary of California Health and Human Services and serves at their discretion.

This law section states that the State Department of Developmental Services is responsible for enforcing laws concerning the care and treatment of people with developmental disabilities. This includes overseeing hospitals, sanitariums, boarding homes, or any other facilities that provide care for these individuals.

This law allows the State Department of Developmental Services to hire outside organizations to provide certain services from the Social Security Act to people who are eligible but not covered by specific California divisions. These contracts can be awarded through competitive or noncompetitive bidding.

This California law allows the State Department of Developmental Services to do three main things. First, they can share educational information about preventing, diagnosing, and treating intellectual disabilities. Second, they can advise public officials and agencies on developmental disabilities. Third, they can promote the development of facilities for people with these disabilities. Additionally, the department can set up community mental health clinics for voluntary help with intellectual disabilities, but only for those not needing institutional care. They may also establish necessary rules but cannot enforce any compulsory medical examinations or treatments.

This section allows the State Department of Developmental Services to arrange for necessary mental health care and support services for patients who were committed by a court and are temporarily out of state hospitals. They can do this by making agreements with local governments or private organizations to ensure these services are available to patients in their communities.

This law section states that a specific department is responsible for using regional resource development projects to support the activities described in three other sections: 4418.25, 4418.3, and 4418.7.

This law outlines how California's Department of Developmental Services must create and manage plans to move individuals from developmental centers to community living environments. Regional centers must make yearly community placement plans that align with state budget processes, focusing on reducing reliance on developmental centers. This includes developing community resources to support individuals transitioning from restrictive settings and creating specialized resources statewide.

Funds are allocated to support these transitions, especially for people moving out of developmental centers, and must be spent responsibly as specified in contracts. The law also obliges regional centers to assess and plan for individuals in developmental centers, ensuring that necessary community resources are developed. The department reviews these plans and tracks progress, while centers must report data on resident movements and community service needs.

This law focuses on the process for transitioning individuals from developmental centers to community living arrangements, ensuring it meets each individual's needs. The transition should be smooth and coordinated between regional centers, developmental centers, and other involved projects.

Planning meetings start once individuals are identified to move, involving appropriate teams to decide on necessary services and supports, which form an Individual Program Plan (IPP). Regional projects assist in planning and show consumers potential living arrangements.

A transition conference occurs at least 15 days before the move, including all key stakeholders like family representatives and service providers. Post-move, follow-up services ensure a smooth transition, including regular check-ins during the first year and addressing any issues arising.

To verify satisfaction and service delivery, the regional center performs face-to-face reviews at least every 30 days for the first 90 days, with ongoing coordination and sharing of information between involved parties.

This California law allows the state to provide protective social services to help developmentally disabled individuals who are either leaving state hospitals or to prevent them from entering unnecessarily. These services are only given if they're part of an established state plan for developmental disabilities.

If funds are available, the state will cover the cost of care for these individuals in private homes. The state sets the home care rates to ensure quality care and enough homes available to meet demand.

The law emphasizes the use of available resources to assist developmentally disabled individuals, allowing the state or contracted entities to provide these services. Contracts can include advance payments, but these can't exceed 25% of the total yearly contract value. Additionally, support for those conditionally released or on parole from state hospitals can also be funded.

This law allows a department to offer respite care services for people with developmental disabilities as part of its family care program. Respite care offers temporary and short-term relief for family caretakers or those referred by regional centers. The department will decide how much to reimburse for these services after studying if there's added cost due to the sporadic nature of the service.

This law outlines what should happen if a regional center finds that a person's current living situation is about to fail, and they might need to go to a state-operated crisis home for stabilization. The center must notify various involved parties, including family or guardians, about the potential move and provide key assessments and meeting details.

It describes the steps to assess and support the individual to remain in the community if possible, and if not, arranges for a temporary stay in a crisis home. The law sets out specific assessment and planning requirements when someone enters a crisis home, including the need for a care plan to eventually move them back to community living. Time limits and conditions for extending stays are clearly defined, with a special focus on data collection and the prohibition of certain restrictive interventions.

This law allows the development of specialized residential homes for adolescents and adults with complex needs, meaning they have both a developmental disability and a mental health disorder. These homes, called complex needs homes, are limited to five beds and stays are generally capped at 18 months unless extended under certain conditions.

If a person's current living situation in the community is at risk of failing, and placement in a complex needs home seems likely, the regional center must notify relevant parties and conduct an assessment to determine the best course of action. The law outlines steps for creating an individual program plan and outlines emergency intervention procedures. The law also stipulates that certain restrictive practices, like prone restraint and seclusion, are not permitted. It provides guidelines for transitioning residents back to community living in a timely manner, emphasizing the least restrictive environment necessary for stabilization.

This law requires that all staff who work directly with patients must complete specific training related to patient care and treatment. This training must be done within a reasonable timeframe after this law comes into effect, or after someone is hired, depending on which happens later.

This law section focuses on ensuring that there are enough qualified mental health and healthcare workers, such as psychiatric technicians and doctors. To achieve this, the department is instructed to work with educational institutions and hospitals to set up training and educational programs. They may create contracts or agreements for this purpose, provide training grants or stipends, and offer clinical experience opportunities within their own hospitals. The department can also establish intern and resident positions to help train these workers.

This section requires the State Department of Developmental Services to collaborate with the University of California, private universities, and the California Postsecondary Education Commission. The goal is to create training programs to ensure there are enough psychiatrists and psychologists with skills in forensic settings.

This section allows the department to inspect hospitals and care facilities for developmentally disabled persons, even if they aren't licensed by the department. They can investigate how these places are run and how patients are treated.

The department can look at the condition of the buildings and property, and ask questions about how they are managed. They have the right to access any relevant documents and areas, and everyone involved must help with their inquiries.

If they find any suspected violations of licensing rules, they must report them to the appropriate health or social services department right away.

Whenever a developmentally disabled person is being held against their will, they must be allowed to see and examine copies of the relevant legal code.

This section mandates that the department must establish rules and regulations for all hospitals, including maintaining record books for various departments and creating forms for clinical records. They must also prepare examination questions for hospital employees, officers, and interns, focusing on different areas of medicine and surgery, particularly diseases related to the brain and nervous system, tailored for hospital use.

This section requires the department to keep detailed records about each patient in their custody at various institutions. They must document the patient's personal details, like name, age, and birthplace, and capture commitment details, such as who petitioned and signed the paperwork and the judge's order. They must also track which institution the patient is at, how they arrived, and their condition. If the patient is discharged, reasons and outcomes must be noted, like recovery status. Transfers should include the cause and new location. Finally, if a patient passes away, the date and cause of death need to be recorded.

This law allows the department to look into how a person with an intellectual disability, who could be committed but isn't in a state hospital, is being taken care of. If the department believes the person isn't being properly cared for, they can ask a judge to order the person to be committed to a state hospital. The judge can only make this order if they determine that the person's care by their relatives or legal guardian is inadequate or poses a danger to the public.

If the department suspects that someone with developmental disabilities is being mistreated, not properly cared for, or held unlawfully, they can investigate the situation.

They have the authority to call witnesses, examine documents, and make necessary orders for the person's welfare.

For broader investigations into detention facilities for the developmentally disabled, the department can involve the Attorney General to help question witnesses and manage the investigation process.

Additionally, the department can inspect county or city almshouses to check if they house developmentally disabled individuals and ensure proper conditions.

This law requires developmental centers and facilities run by the State Department of Developmental Services to report certain incidents immediately, or within two hours, to local law enforcement. These incidents include deaths, sexual assaults, serious assaults, injuries with unknown causes, and broken bones.

If an incident is reported by phone, a follow-up written report must be sent within two days. These reporting duties add to the responsibilities of mandated reporters and do not replace them. Facilities can report other criminal acts to local law enforcement if they pose a danger to residents.

The department must also report suspicious deaths and certain incidents involving staff to specific agencies by the next business day. Additionally, they must inform employees annually about abuse reporting requirements and penalties, and develop resources to encourage and guide abuse reporting.

Failing to report incidents in certain facility areas can lead to penalties.

This law mandates that when a resident of a developmental center is a victim or suspected victim of sexual assault, investigators must request a forensic medical examination at an appropriate external facility. The examination should align with specific legal standards and notify law enforcement as necessary.

If conducting the examination offsite is unsafe for the victim, it may be done at the developmental center but only if facility capabilities are comparable to an external facility and an independent examiner verifies this.

This law states that if someone complains about the behavior of staff or management at a hospital or facility for people with developmental disabilities, the complaint might have to be written and officially sworn. If that's the case, once the department receives such a complaint, they will send a copy of it to the hospital or facility involved, or the person it's about, along with details about when and where the investigation will happen.

This law requires the department to inform the Legislature about the future needs for the care and treatment of people with developmental disabilities. It also needs to suggest plans to build more medical facilities to prevent overcrowding and ensure these individuals are well taken care of.

This section states that the charges for a patient's care and treatment in a state-run facility should not be more than the actual cost to the department. The cost calculation can include spending on capital improvements and related interest. It clarifies that 'care' and 'care and treatment' include a range of services such as support, maintenance, and other services offered by the state hospital or similar facilities managed by the department.

This law requires the State Department of Developmental Services to report on staffing allocations for state hospitals that care for people with developmental disabilities. They need to include all assumptions about population estimates and compare actual versus estimated population levels. If there's a difference of 50 or more, they must explain why and what financial effects this has. This information must be available to the Legislature by January 10 and at the Governor’s May budget revision each year. The State Council on Developmental Disabilities should also receive this information and provide feedback to the Legislature.

The law states that California is committed to protecting the rights of people with developmental disabilities, who are vulnerable to misuse and neglect. To prevent conflicts of interest, from January 1, 1998, the state will outsource advocacy services for these individuals to a nonprofit contractor. The contractor must meet specific requirements, such as having the capacity to provide statewide services and not having direct ties to other service providers. They must provide advocacy, investigate complaints, assist with legal remedies, and offer training. The state will ensure contracts last up to five years and establish grievance procedures to maintain quality advocacy services. Regional centers can still advocate for these individuals' rights.

This section allows the department to hire the State Council on Developmental Disabilities to offer advocacy services to individuals with developmental disabilities who live in developmental centers.

This law focuses on ensuring California's regional centers for developmental disabilities comply with state and federal laws. The Department of Developmental Services is responsible for making sure these centers provide quality services to consumers and their families. Contracts with regional centers must include clauses about following the law. If a center breaches legal requirements, the department can take action to correct the situation, including legal measures.

The department also oversees regional centers by reviewing their materials and policies to ensure compliance. Any purchase of service policies or guidelines need to be reviewed and approved before centers use them, to prevent regulatory violations. This oversight ensures transparency and public access to policies affecting service provision.

This section emphasizes that California seeks to improve how regional centers provide services to individuals with developmental disabilities. The goal is to make these services more standardized, fair, and centered around the individual's needs while ensuring a positive impact on families. The state's Department of Developmental Services has the power to oversee these centers to ensure they meet these goals. However, any written guidelines from the department must align with existing laws and cannot limit the decisions of the planning team, which tailors services to each person's unique needs.

This law aims to ensure uniformity and fairness in the services provided by regional centers in California for individuals with developmental disabilities. By June 30, 2024, standardized data definitions will be created to ensure equal access to services, including recording race, ethnicity, and preferred language, but individuals aren't obligated to provide this information.

By June 30, 2025, processes for respite services and standardized program plans will be established, along with vendor procedures and intake processes. Regional centers will report quarterly on assessments and service access, and new templates and systems will reflect these changes. The department will work with diverse stakeholders to identify barriers to accessing services and can issue directives before formal regulations are set.

This law mandates that by July 1, 2025, a department must provide detailed information to the Legislature about ‘generic services,’ which are benefits or services offered by regional centers. This includes defining what generic services are, ways to improve coordination for those services, describing regional centers’ efforts in coordination, and identifying access barriers. Additionally, the department must consider implementing a tracking system in their case management for generic service usage.

The law also requires evaluation of common services that regional center clients can access, assessing inconsistencies, service availability by language preferences, and making recommendations to address any gaps. A status update on this evaluation must be provided by January 10, 2025. Finally, the department needs to include implementation updates in their quarterly Legislative reports.

This law requires the State Department of Developmental Services to evaluate certain facilities that provide enhanced behavioral supports and crisis intervention services. They need to collect specific data on homes and centers like how many exist, the number of beds, and occupancy rates. They also look at who is served by these facilities, their previous housing situations, and overall costs. Additionally, they review staffing requirements and the time it takes to find placements for residents. They must also check on homes using special secured areas to ensure they don't exceed set limits. Every year, starting after the first home opens, they must report these findings to legislative committees, with specific annual start dates for certain locations.

This law section focuses on monitoring and reporting the use of restraints in certain health facilities for individuals with developmental disabilities. It defines key terms like 'physical restraint,' 'chemical restraint,' and different types of care facilities such as 'long-term health care facility' and 'acute psychiatric hospital.' The law requires the department to consistently and publicly report data on the use of these restraints. This reporting must specifically include the number of restraint incidents, both physical and chemical, and must be published quarterly on the department's website.

Every year before February 1st, the State Department of Developmental Services must send a report to the Legislature and publish it online. This report includes budget details for each developmental center, like staffing costs for Porterville Developmental Center's areas. It also covers regional center data, such as current and past funding information, the number of people they serve, and staff details.

The submitted report must follow the Government Code's reporting rules.