The Legislature finds and declares that the people of California have benefited from the establishment of a long-term care ombudsperson pursuant to Section 9710, a foster care ombudsperson pursuant to Section 16161 and a Self-Determination Program Ombudsperson pursuant to Section 4685.9. The Legislature further finds it is essential to maintain the nonpartisan nature, integrity, and impartiality of ombudsperson functions and services. It is the intent of the Legislature to provide similar protections for individuals served by a regional center by establishing an Office of the Developmental Services Ombudsperson within the State Department of Developmental Services.
Chapter 1.4Office of the Developmental Services Ombudsperson
Section § 4506
This law states that California recognizes the value of having ombudspersons for long-term care, foster care, and self-determination programs, who help ensure services are fair and unbiased. The law aims to protect individuals served by regional centers by creating an Office of the Developmental Services Ombudsperson in the State Department of Developmental Services. This move is intended to maintain the impartiality and integrity of the services provided.
Developmental Services Ombudsperson nonpartisan impartiality integrity regional centers State Department of Developmental Services ombudsperson functions foster care self-determination long-term care services protection California legislature individual protections ombudsperson roles developmental services
Section § 4506.1
The Office of the Developmental Services Ombudsperson is an independent body within the department responsible for overseeing certain programs for individuals with developmental disabilities in California. It monitors the Self-Determination Program, early intervention services for infants and toddlers, and other programs under the Lanterman Act. The office helps resolve complaints, conducts investigations, and suggests improvements. It also provides assistance to those navigating services, and includes individuals at various stages of service eligibility. The office must coordinate with the Long-Term Care Ombudsman for clients in long-term care facilities.
(a)CA Welfare and Institutions Code § 4506.1(a) The Office of the Developmental Services Ombudsperson shall be established as an independent and autonomous entity within the department for the purpose of
monitoring the implementation of this division, including, but not limited to, both of the following:
(1)CA Welfare and Institutions Code § 4506.1(a)(1) The Self-Determination Program, as established in Section 4685.8.
(2)CA Welfare and Institutions Code § 4506.1(a)(2) The California Early Intervention Services Act (Title 14 (commencing with Section 95000) of the Government Code) as it
pertains to infants and toddlers applying to or eligible for early intervention services under Section 95014 of the Government Code.
(3)CA Welfare and Institutions Code § 4506.1(a)(3) The Lanterman Developmental Disabilities Services Act pursuant to Division 4.1 (commencing with Section 4400), Division 4.5 (commencing with Section 4500), and Division 4.7 (commencing with Section 4900), and the California Early Intervention Services Act pursuant to Title 14 (commencing with Section 95000) of the Government Code.
(b)CA Welfare and Institutions Code § 4506.1(b) The office shall be responsible for receiving and resolving complaints, conducting investigations, suggesting systematic changes, and resolving various issues that may include, but are not limited to, inquiries, questions, or requests for information, assistance, or facilitation in
navigating service access.
(c)CA Welfare and Institutions Code § 4506.1(c) The Office of the Developmental Services Ombudsperson shall be headed by an individual, to be known as the Developmental Services Ombudsperson.
(d)CA Welfare and Institutions Code § 4506.1(d) For purposes of this chapter, “individuals served by a regional center” includes all of the following:
(1)CA Welfare and Institutions Code § 4506.1(d)(1) Individuals who receive services through a regional center under this division, including individuals who are in the intake process, are pending assessment, or have reached out to regional centers for information about eligibility.
(2)CA Welfare and Institutions Code § 4506.1(d)(2) Individuals who are participating in the early start program under Title 14 (commencing with Section 95000) of the Government Code, including
individuals who are in the intake process, pending assessment, or have reached out to regional centers for information about eligibility.
(3)CA Welfare and Institutions Code § 4506.1(d)(3) Individuals who are determined to be eligible for regional center services under this division, but are not receiving services from a regional center.
(e)CA Welfare and Institutions Code § 4506.1(e) Pursuant to subdivision (a) of Section 9717, the Office of the Developmental Services Ombudsperson shall enter into a memorandum of understanding with the Office of the State Long-Term Care Ombudsman within the California Department of Aging to coordinate the provision of ombudsperson services for regional center clients residing in long-term care facilities.
Developmental Services Ombudsperson Self-Determination Program Early Intervention Services Lanterman Developmental Disabilities Act complaint resolution independent oversight service eligibility regional center services long-term care coordination systematic change suggestions service access facilitation intake process for developmental services ombudsperson investigations infant and toddler intervention California early start program
Section § 4506.2
This law section outlines the process for appointing an ombudsperson by the Director of Developmental Services. A committee with at least five interested individuals, primarily from advocacy organizations and consumers or their families, helps nominate candidates. If the committee doesn’t give input within 90 days, the director can proceed with the appointment. The ombudsperson serves a four-year term and can be reappointed.
The ombudsperson acts independently and cannot be controlled by the director or other officials while performing duties. If a successor isn’t appointed when a term expires, the current ombudsperson continues until the new one is appointed. Temporary acting ombudspersons can be put in place after a vacancy, but if a new ombudsperson isn't appointed within six months, the director must provide a legislative update.
(a)CA Welfare and Institutions Code § 4506.2(a) The Director of Developmental Services, in consultation with, and after receiving a list of possible nominees from, a committee of at least five interested individuals that are described in this subdivision, and after obtaining the committee’s input, shall appoint an ombudsperson who is qualified by training and experience to perform the duties of the office for a term of four years. The director shall select the committee members, the majority of whom shall be representatives of advocacy organizations and consumers or family members. If, after 90 days, the committee does not provide input, the director may make the appointment. The 90 days begins after the director seeks input from the committee. The director may
reappoint the ombudsperson for consecutive terms.
(b)CA Welfare and Institutions Code § 4506.2(b) The ombudsperson shall, in the performance of their duties during the duration of their appointment, be independent, and the exercise of their discretion related to the duties and powers set forth in this chapter shall not be controlled, supervised, or directed, directly or indirectly, by the director or any other official. The ombudsperson shall devote their entire time to the duties and powers set forth in this chapter and may not be removed from office for exercising their independence and discretion in furtherance of those duties and powers.
(c)CA Welfare and Institutions Code § 4506.2(c) If the term of an ombudsperson expires without the appointment of a successor under this chapter, the incumbent ombudsperson may continue in office until a successor is appointed.
If the ombudsperson dies, resigns, becomes ineligible to serve, or is removed or suspended from office, the director shall designate an acting ombudsperson until the ombudsperson is appointed. The director shall appoint a new ombudsperson pursuant to this section within a reasonable period from the date the office became vacant. The acting ombudsperson shall not remain in office longer than a reasonable period before a new ombudsperson is appointed pursuant to this section. If, after six months, the position remains vacant, the director shall provide an update at the next legislative briefing pursuant to Section 4474.17.
Director of Developmental Services ombudsperson appointment nominee committee advocacy organizations consumer representation four-year term independent duties acting ombudsperson successor appointment vacancy period legislative briefing term expiration reappointment committee input office vacancy update
Section § 4506.3
The Developmental Services Ombudsperson is responsible for hiring staff to carry out their office's duties. Everyone on this team needs to be knowledgeable about relevant programs, especially the Self-Determination Program. Additionally, the ombudsperson aims to hire people who have personal experience with the developmental services system, such as individuals with developmental disabilities.
The Developmental Services Ombudsperson, in consultation with the department, shall hire the necessary personnel to perform the functions of the office. While all employees within the office shall maintain expertise in the programs described in Section 4506.1, the office shall maintain, at minimum, one person with significant expertise in the Self-Determination Program, as established in Section 4685.8. The ombudsperson shall endeavor to hire individuals with lived experience with the developmental services system, including, but not limited to, individuals with developmental disabilities.
Developmental Services Ombudsperson Self-Determination Program personnel hiring lived experience developmental disabilities program expertise department consultation staff expertise Section 4506.1 programs Section 4685.8 developmental services staffing inclusive hiring ombudsperson responsibilities
Section § 4506.4
The Office of the Developmental Services Ombudsperson is responsible for providing information, training, and support related to the rights of individuals with developmental disabilities. They disseminate this information to individuals served by regional centers, their families, and other stakeholders. Starting in 2028, the office reviews changes in laws and recommends updates to department materials accordingly.
The office handles complaints related to the care and services of individuals served by regional centers, deciding whether to investigate or refer them. They aim to resolve complaints outside of court and keep complainants informed throughout the process.
They compile data on complaints and share it with the Legislature, making it publicly available online. They are allowed access to relevant records to perform their duties and can meet with individuals in their placements. Information from complaints remains confidential, except where disclosure is necessary for the office's mission. Finally, if required, they can inform a person's conservator or legal representative about a complaint.
(a)CA Welfare and Institutions Code § 4506.4(a) The Office of the Developmental Services Ombudsperson shall do all of the following:
(1)Copy CA Welfare and Institutions Code § 4506.4(a)(1)
(A)Copy CA Welfare and Institutions Code § 4506.4(a)(1)(A) Disseminate information and provide training and technical assistance to individuals served by a regional center, family members, regional center staff, tribes, advocacy groups, service provider organizations, and other interested parties on the rights of persons with developmental disabilities and services provided by the office. The information shall include methods of contacting the office and notification that conversations with the office may be disclosed to other persons, as necessary, to adequately investigate and resolve a complaint. The
information and training shall include information about the rights of persons with developmental disabilities under this division, including the rights specified in Chapter 1.3 (commencing with Section 4502) and the Self-Determination Program under Section 4685.8.
(B)CA Welfare and Institutions Code § 4506.4(a)(1)(A)(B) Commencing on January 1, 2028, at the end of every two-year legislative session, review amendments to the laws applicable to individuals served by a regional center and recommend to the department any updates to materials published by the department. The department, if workload capacity allows using existing resources, shall update those documents to the best of its ability after receiving recommendations from the ombudsperson.
(2)CA Welfare and Institutions Code § 4506.4(a)(2) Receive complaints made by or on behalf of individuals served by a regional
center related to their care, placement, or services.
(3)CA Welfare and Institutions Code § 4506.4(a)(3) Decide, in its discretion, whether to investigate a complaint, or refer complaints to another agency for investigation. After rendering a decision to investigate a complaint, attempt to resolve the complaint without using a judicial or administrative proceeding, including attempting to facilitate solutions to disagreements about eligibility and services.
(4)CA Welfare and Institutions Code § 4506.4(a)(4) Upon rendering a decision to investigate a complaint from a complainant, notify the complainant of the intention to investigate. If the office declines to investigate a complaint or continue an investigation, the office shall notify the complainant of the reason for the action of the office.
(5)CA Welfare and Institutions Code § 4506.4(a)(5) Update the complainant on the progress of the investigation and the attempts to resolve the complaint, and notify the complainant of the final outcome.
(6)Copy CA Welfare and Institutions Code § 4506.4(a)(6)
(A)Copy CA Welfare and Institutions Code § 4506.4(a)(6)(A) Compile and make available data to the Legislature in their quarterly legislative updates. This data shall include, but is not limited to, the number of contacts to the office, the number of contacts specific to the Self-Determination Program, the number of complaints made and the modality of the submission of those complaints, the number of investigations performed by the office, the trends and issues that arose in the course of resolving complaints, the number of referrals made, and the number of unresolved contacts. The office shall include recommendations consistent with this data for improving the developmental services system.
(B)CA Welfare and Institutions Code § 4506.4(a)(6)(A)(B) It is the intent of the Legislature that representatives of the organizations described in subparagraph (B) consider this data in the development of any recommendations offered toward improving the developmental services system.
(C)CA Welfare and Institutions Code § 4506.4(a)(6)(A)(C) The deidentified compiled data shall be posted so that it is available to the public on the existing internet website of the office.
(D)CA Welfare and Institutions Code § 4506.4(a)(6)(A)(D) Nothing shall preclude the office from issuing data, findings, or reports other than the annual compilation of data described in this paragraph.
(7)CA Welfare and Institutions Code § 4506.4(a)(7) Have access to copies of any record of a state agency, local agency, or regional center, and contractors or vendors with the state agency, local
agencies, and regional centers that is necessary to carry out their responsibilities, and may meet or communicate with an individual served by a regional center in their placement or elsewhere.
(b)CA Welfare and Institutions Code § 4506.4(b) The office may present the data compiled under subparagraph (A) of paragraph (6) of subdivision (a) on an annual basis at appropriate conferences, forums, and other events, as determined by the ombudsperson, that may include presentations to, but are not limited to, representatives of the Legislature, the Association of Regional Center Agencies, the State Council on Developmental Disabilities, tribes, developmental services organizations, advocacy groups, consumer and service provider organizations, and other interested parties.
(c)Copy CA Welfare and Institutions Code § 4506.4(c)
(1)Copy CA Welfare and Institutions Code § 4506.4(c)(1) Information obtained by the
office from a complaint, regardless of whether it is investigated by the office, referred to another entity for investigation, or determined not to be the proper subject of an investigation, shall remain confidential under relevant state and federal confidentiality laws. Disclosure of information that is not confidential under state and federal confidentiality laws shall occur only as necessary to carry out the mission of the office, including as necessary to provide explanation and support for the office’s recommendations for improving the developmental services system to the Legislature and state and local agencies that provide services and supports to an individual served by a regional center.
(2)CA Welfare and Institutions Code § 4506.4(c)(2) The ombudsperson shall maintain confidentiality with respect to the identities of the complainants or witnesses coming before them,
except insofar as disclosure may be necessary to enable the ombudsperson to carry out the duties of the office set forth in paragraphs (2) to (5), inclusive, of subdivision (a). The ombudsperson may not disclose a record that is confidential under relevant state and federal confidentiality laws, except as authorized by law.
(3)CA Welfare and Institutions Code § 4506.4(c)(3) If an individual served by a regional center is represented by a conservator, legal guardian, or counsel, the office may notify the conservator, legal guardian, or counsel of a complaint in order for those entities to satisfy their obligations specified in this division. Notifying these entities of an investigation shall not limit the ombudsperson’s ability to investigate or resolve a complaint or take any other action authorized by this section. If appropriate, the office may also share the outcome of any
investigation performed by the office with the consumer’s conservator, legal guardian, or counsel.
Developmental Services Ombudsperson regional center services complaint investigation rights of persons with developmental disabilities Self-Determination Program legislative updates confidentiality laws complaint resolution department materials update data compilation confidential information conservator notification rights training technical assistance stakeholder engagement
Section § 4506.5
The law outlines the powers and duties of the ombudsperson responsible for handling complaints related to the developmental services system. They can set up rules for processing these complaints, perform investigations, and report on their findings.
The ombudsperson can also create a website page for easier access to information and filing complaints. They have the authority to inspect premises and obtain records from state agencies, regional centers, and related facilities. They can also privately communicate with individuals served by regional centers and observe facility operations.
To address complaints, the ombudsperson attempts resolution and recommends action plans to relevant agencies, which must respond within 30 days. They can convene focus groups with diverse community representatives to guide their work and suggest improvements to laws and regulations related to developmental services.
As part of the office’s efforts to resolve complaints related to the developmental services system, the ombudsperson may do all of the following:
(a)CA Welfare and Institutions Code § 4506.5(a) Establish policies and procedures for receiving and processing complaints, conducting investigations, and reporting findings.
(b)CA Welfare and Institutions Code § 4506.5(b) Develop and maintain a page on the department’s internet website with information about the office, how to access the office, including via an online portal to submit questions and complaints, general information about this division and regional centers, and links to relevant materials.
(c)CA Welfare and Institutions Code § 4506.5(c) Conduct whatever investigation reasonably related to the complaint and to developmental services that the ombudsperson deems necessary, including, but not limited to, both of the following:
(1)CA Welfare and Institutions Code § 4506.5(c)(1) Access to, and inspection of, premises within the control of a state agency, local agency, or a regional center, or a contractor or vendor with a state agency, local agency, or regional center, and access to, and inspection of, a licensed or approved residential facility, at any time, with or without prior notice, for the purpose of carrying out the duties of the office. The ombudsperson shall be granted access to records and individuals served by a regional center at all times for the purpose of carrying out the duties of the office.
(A)CA Welfare and Institutions Code § 4506.5(c)(1)(A) For purposes of this section,
“access” means the right to do all of the following:
(i)CA Welfare and Institutions Code § 4506.5(c)(1)(A)(i) Enter any licensed or approved developmental services residential facility, upon providing identification. A private home may be entered only with consent of the individual served by a regional center or their legal representative.
(ii)CA Welfare and Institutions Code § 4506.5(c)(1)(A)(ii) Communicate privately and without restriction with any
individual served by a regional center, caregiver, staff, personnel, or volunteer.
(iii)CA Welfare and Institutions Code § 4506.5(c)(1)(A)(iii) Review and copy any record of an individual served by a regional center or caregiver file.
(iv)CA Welfare and Institutions Code § 4506.5(c)(1)(A)(iv) Observe all resident and staff areas of a facility.
(v)CA Welfare and Institutions Code § 4506.5(c)(1)(A)(v) Review and reproduce administrative records, policies, and documents of any licensed or approved developmental services care facility.
(vi)CA Welfare and Institutions Code § 4506.5(c)(1)(A)(vi) Review and copy all licensing records maintained by the state, county, or agency, and review and reproduce any records of a state, county, or local agency and their contractors, except sealed court records, which may be obtained only by subpoena or other lawful
court order.
(vii)CA Welfare and Institutions Code § 4506.5(c)(1)(A)(vii) Interview all relevant witnesses.
(B)CA Welfare and Institutions Code § 4506.5(c)(1)(B) For purposes of this section, “record” means a document, paper, memorandum, book, letter, file, drawing, map, plat, photo, photographic file, motion picture, film, microfilm, microphotograph, exhibit, magnetic or paper tape, punched card, or other item developed or received under law or in connection with the transaction of official business, but does not include material that is protected by privilege, unless the holder of the privilege, without coercion, previously disclosed a significant part of the material or consents to disclose the material to the ombudsperson, as provided in Section 912 of the Evidence Code.
(2)CA Welfare and Institutions Code § 4506.5(c)(2) Observe proceedings and attend hearings,
consistent with this division.
(d)CA Welfare and Institutions Code § 4506.5(d) Attempt to resolve the complaint.
(e)CA Welfare and Institutions Code § 4506.5(e) Submit a written plan to the relevant state agency, local agency, or regional center, or a contractor or vendor with the state agency, local agency, or regional center, recommending a course of action to resolve the complaint. If the ombudsperson makes a written recommendation, the state agency, regional center, or vendor or contractor, shall submit a written response to the ombudsperson within 30 calendar days.
(f)CA Welfare and Institutions Code § 4506.5(f) Periodically convene a focus group to advise the office in the performance of its duties described in this chapter. The focus group shall include, but not be limited to, consumers and families across different geographic regions of
the state, representatives of diverse racial and ethnic backgrounds, ages, and disabilities, and representatives of regional centers, service providers, and advocacy and community-based organizations.
(g)CA Welfare and Institutions Code § 4506.5(g) Recommend to the department any changes to laws, regulations, policies, or communications, including, but not limited to, forms and other actions.
ombudsperson authority developmental services system complaints investigation procedures website information access regional centers facility inspections private communication rights complaint resolution process action plan recommendations focus group input community representation policy recommendations access to records witness interviews legal privilege and records
Section § 4506.6
This law is designed to promote open communication during the investigation of complaints by the Office of the Developmental Services Ombudsperson. It states that the ombudsperson and their staff cannot be forced to testify in court about their work, unless it's required to enforce this law. They also don't have to share their records or notes with the court, except when necessary for enforcement. Additionally, the ombudsperson and staff are protected by certain legal immunities when carrying out their duties. If they discover misconduct or criminal behavior, they must report it to the appropriate authorities.
In order to encourage candor during the ombudsperson’s investigation of complaints made by or on behalf of an individual served by a regional center and to facilitate the ombudsperson’s ability to resolve complaints, all of the following shall apply:
(a)CA Welfare and Institutions Code § 4506.6(a) The ombudsperson and staff of the ombudsperson shall not be compelled to testify or be deposed in a judicial or administrative proceeding regarding matters coming to their attention in the exercise of their official duties, except as may be necessary to enforce or implement this chapter.
(b)CA Welfare and Institutions Code § 4506.6(b) The records of the ombudsperson and the staff of the ombudsperson, including
notes, drafts, and records obtained from an individual or agency during the intake, review, or investigation of a complaint, and any reports not released to the public shall not be subject to disclosure or production in response to a subpoena or discovery in a judicial or administrative proceeding, except as necessary to enforce or implement the provisions of this chapter.
(c)CA Welfare and Institutions Code § 4506.6(c) When exercising the investigative, complaint resolution, and technical assistance functions of the Office of the Developmental Services Ombudsperson, the ombudsperson and staff of the ombudsperson shall have all immunities under Article 2 (commencing with Section 815) of Chapter 1 of Part 2 of Division 3.6 of Title 1 of the Government Code afforded to the discharge of discretionary duties by public entities and their employees.
(d)CA Welfare and Institutions Code § 4506.6(d) If the ombudsperson believes, based on information received during the exercise of their official duties, that there is a breach of duty or misconduct by an employee of a state agency, local agency, regional center, or their contractors or vendors, in the conduct of the employees’ official duties, the ombudsperson shall refer the matter to the regional center or vendor’s director, or other responsible officer, and if the conduct would constitute a crime, to an appropriate law enforcement body or agency.
ombudsperson candor testimony immunity records confidentiality complaint investigation developmental services misconduct reporting regional center breach of duty judicial proceedings law enforcement referral staff immunity subpoena protection complaint resolution technical assistance
Section § 4506.7
This section requires that a toll-free phone number be set up by a specific office for easy access. Regional center case managers must share this number with consumers and, if needed, their family or representatives during annual plan meetings. The purpose of this is to ensure everyone is informed about the available office resources and services.
(a)CA Welfare and Institutions Code § 4506.7(a) The office shall establish a toll-free number.
(b)CA Welfare and Institutions Code § 4506.7(b) Regional center case managers shall provide consumers, and, if appropriate, their parents, legal guardians, conservator, or authorized representative, with the toll-free telephone number for the office and verbal or written information regarding the existence and purpose of the office during the annual individualized program plan or individual family service plan meetings.
toll-free number regional center case managers consumers individualized program plan individual family service plan annual meetings office resources services information families representatives verbal and written information conservators legal guardians authorized representatives
