Section § 4500

Explanation

This section officially names the law as the 'Lanterman Developmental Disabilities Services Act'.

This division shall be known and may be cited as the Lanterman Developmental Disabilities Services Act.

Section § 4500.5

Explanation

This section addresses California's responsibility to provide services to those with developmental disabilities. Since 1977, the number of individuals needing services and the type of services required have grown and evolved. Therefore, the state intends to update its service delivery approach to reflect current needs better and involve consumers and their families in the planning process. The intent is not to expand service rights but to ensure that those eligible receive the services outlined in their individual plan. The state will also oversee regional centers to guarantee these services are provided as planned.

The Legislature makes the following findings regarding the State of California’s responsibility to provide services to persons with developmental disabilities, and the right of those individuals to receive services, pursuant to this division:
(a)CA Welfare and Institutions Code § 4500.5(a) Since the enactment of this division in 1977, the number of consumers receiving services under this division has substantially increased and the nature, variety, and types of services necessary to meet the needs of the consumers and their families have also changed. Over the years the concept of service delivery has undergone numerous revisions. Services that were once deemed desirable by consumers and families may now no longer be appropriate, or the means of service delivery may be outdated.
(b)CA Welfare and Institutions Code § 4500.5(b) As a result of the increased demands for services and changes in the methods in which those services are provided to consumers and their families, the value statements and principles contained in this division should be updated.
(c)CA Welfare and Institutions Code § 4500.5(c) It is the intent of the Legislature, in enacting the act that added this section, to update existing law; clarify the role of consumers and their families in determining service needs; and to describe more fully service options available to consumers and their families, pursuant to the individual program plan. Nothing in these provisions shall be construed to expand the existing entitlement to services for persons with developmental disabilities set forth in this division.
(d)CA Welfare and Institutions Code § 4500.5(d) It is the intent of the Legislature that the department monitor regional centers so that an individual consumer eligible for services and supports under this division receive the services and supports identified in his or her individual program plan.

Section § 4501

Explanation

California acknowledges its responsibility to support individuals with developmental disabilities, recognizing their significant impact on families and communities. Services and supports must be coordinated across various agencies to avoid service gaps, and consumers should have a leadership role in their own service planning. The support system should be comprehensive enough to address each person's needs and preferences across all life stages, ensuring they don't have to move away from their communities to receive care.

Services aim to align the everyday living patterns of individuals with disabilities to those of non-disabled people, encouraging community integration, including supported living arrangements. Consumers and their families should participate in life choices, such as living situations, employment, and education. The law emphasizes the value of family support and community inclusion for people with developmental disabilities, aiming to empower them to live more independently and productively.

The Legislature seeks evidence that agencies not only deliver services but also empower consumers and enhance their independence. The Department of Developmental Services is tasked with routinely ensuring regional centers fulfill their obligations, with legislative oversight to monitor and review program outcomes.

The State of California accepts a responsibility for persons with developmental disabilities and an obligation to them which it must discharge. Affecting hundreds of thousands of children and adults directly, and having an important impact on the lives of their families, neighbors, and whole communities, developmental disabilities present social, medical, economic, and legal problems of extreme importance.
The complexities of providing services and supports to persons with developmental disabilities requires the coordination of services of many state departments and community agencies to ensure that no gaps occur in communication or provision of services and supports. A consumer of services and supports, and where appropriate, his or her parents, legal guardian, or conservator, shall have a leadership role in service design.
An array of services and supports should be established which is sufficiently complete to meet the needs and choices of each person with developmental disabilities, regardless of age or degree of disability, and at each stage of life and to support their integration into the mainstream life of the community. To the maximum extent feasible, services and supports should be available throughout the state to prevent the dislocation of persons with developmental disabilities from their home communities.
Services and supports should be available to enable persons with developmental disabilities to approximate the pattern of everyday living available to people without disabilities of the same age. Consumers of services and supports, and where appropriate, their parents, legal guardian, or conservator, should be empowered to make choices in all life areas. These include promoting opportunities for individuals with developmental disabilities to be integrated into the mainstream of life in their home communities, including supported living and other appropriate community living arrangements. In providing these services, consumers and their families, when appropriate, should participate in decisions affecting their own lives, including, but not limited to, where and with whom they live, their relationships with people in their community, the way in which they spend their time, including education, employment, and leisure, the pursuit of their own personal future, and program planning and implementation. The contributions made by parents and family members in support of their children and relatives with developmental disabilities are important and those relationships should also be respected and fostered, to the maximum extent feasible, so that consumers and their families can build circles of support within the community.
The Legislature finds that the mere existence or the delivery of services and supports is, in itself, insufficient evidence of program effectiveness. It is the intent of the Legislature that agencies serving persons with developmental disabilities shall produce evidence that their services have resulted in consumer or family empowerment and in more independent, productive, and normal lives for the persons served. It is further the intent of the Legislature that the Department of Developmental Services, through appropriate and regular monitoring activities, ensure that regional centers meet their statutory, regulatory, and contractual obligations in providing services to persons with developmental disabilities. The Legislature declares its intent to monitor program results through continued legislative oversight and review of requests for appropriations to support developmental disabilities programs.

Section § 4501.5

Explanation

This law requires state hospitals in counties with Department of Developmental Services facilities to provide special education and related services to eligible residents who have exceptional needs, following the guidelines set in the Education Code.

In counties where State Department of Developmental Services hospitals are located, the state hospitals shall ensure that appropriate special education and related services, pursuant to Chapter 8 (commencing with Section 56850) of Part 30 of the Education Code, are provided eligible individuals with exceptional needs residing in state hospitals.