Section § 4830

Explanation

This section of the law explains key terms used in the chapter. "Continuum" refers to a system of services that supports personal growth and freedom, tailored to individuals' needs throughout their lives. "Normalization" involves offering programs that mirror mainstream society to help integrate individuals culturally and socially. A "Designated agency" is the entity chosen by the state to organize or provide services within each continuum.

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

Section § 4831

Explanation

This law allows the State Department of Developmental Services in California to create plans for community living arrangements for people with developmental disabilities. They can choose agencies to roll out these plans, based on recommendations from the State Council on Developmental Disabilities and regional centers.

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 State Council on Developmental Disabilities in conjunction with recommendations from the appropriate regional center.

Section § 4832

Explanation

The State Council on Developmental Disabilities in California can review community living programs and suggest which should oversee the community living continuum within different regions. These programs may have been funded by specific grants or hospital programs and can include private nonprofits, public agencies, and joint powers agreement agencies.

The governing or advisory boards of these programs must include at least one-third consumer representatives, including family members of consumers. People with a financial interest in these agencies, except as consumers, cannot serve as directors or advisory committee members.

(a)CA Welfare and Institutions Code § 4832(a) The State Council on Developmental Disabilities may review and evaluate existing and proposed community living arrangement programs within the various regions of the state and may make a recommendation to the Director of Developmental Services concerning programs that 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 that have been funded through the issuance of Mental Retardation Private Institutions’ Fund grants, state council program development grants, and model state hospital programs. Consideration shall be given to all of the following:
(1)CA Welfare and Institutions Code § 4832(a)(1) Private nonprofit corporations.
(2)CA Welfare and Institutions Code § 4832(a)(2) Public agencies.
(3)CA Welfare and Institutions Code § 4832(a)(3) A joint powers agreement agency.
(b)CA Welfare and Institutions Code § 4832(b) 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.
(c)CA Welfare and Institutions Code § 4832(c) A person shall not 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.

Section § 4833

Explanation

This section explains the responsibilities of an agency designated by California's Department of Developmental Services. First, the agency must set up services for people with developmental needs in local communities and seek funding from various sources to support these services. Second, the agency must ensure all staff receive relevant training connected with public education agencies. Third, the agency is tasked with promoting public acceptance and full integration of individuals with developmental disabilities into the community. The services offered should follow the normalization principle, allowing individuals to choose where they live—be it home, apartments, or small group settings—close to their community whenever possible.

Upon designation by the Department of Developmental Services pursuant to Section 4831, the designated agency established pursuant to Section 4832 shall:
(a)CA Welfare and Institutions Code § 4833(a) Design, organize and/or provide services for persons in local communities.
(b)CA Welfare and Institutions Code § 4833(b) Seek and utilize funds from all available resources.
(c)CA Welfare and Institutions Code § 4833(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)CA Welfare and Institutions Code § 4833(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.

Section § 4834

Explanation

This section allows the Director of the Department of Developmental Services to form contracts with a specific agency as outlined in the same legal chapter.

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

Section § 4835

Explanation

The Director of Developmental Services can create consistent rules and standards for certain agencies. These standards should be developed with help from consumer groups and various state agencies, like those for social services, health care, education, and rehabilitation, as well as experts in developmental services.

(a)CA Welfare and Institutions Code § 4835(a) The Director of Developmental Services may establish uniform operational procedures, performance and evaluation standards, and utilization criteria for designated agencies pursuant to this chapter.
(b)CA Welfare and Institutions Code § 4835(b) These standards and criteria shall be developed with participation by consumer organizations, the State Council on Developmental Disabilities, the Association of Regional Center Agencies, the State Department of Social Services, the State Department of Health Care Services, the State Department of Education, and the Department of Rehabilitation, and consultations with individuals with experience in developmental services programming.

Section § 4836

Explanation

The director is required to create an annual report for the Legislature that evaluates how well the system is working, using the state's evaluation model.

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.

Section § 4837

Explanation

This law allows the Director of Developmental Services to give financial support in advance to agencies or programs for developing services. They can pay up to 90 days before the services start. The contract with an agency can include regular advance payments, but these cannot be more than 25% of the total yearly contract amount.

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.

Section § 4839

Explanation

The State Department of Developmental Services in California, working with the State Council on Developmental Disabilities, can create a plan to enhance support for people with developmental special needs. This plan should address providing necessary training and evaluation to ensure quality programs and success.

It aims to make the most of available state and federal resources so individuals can live in less restrictive environments. This includes utilizing resources like federal housing subsidies, supplementary security income, and local social and health services.

The plan also needs to set procedural standards for agencies, focusing on program development, worker training, management systems, fiscal management, contract establishment, and program evaluation.

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)CA Welfare and Institutions Code § 4839(a) Necessary technical assistance, training, and evaluation to assure standards of quality and program success.
(b)CA Welfare and Institutions Code § 4839(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)CA Welfare and Institutions Code § 4839(b)(1) Federal housing subsidy and assistance.
(2)CA Welfare and Institutions Code § 4839(b)(2) Supplemental security income.
(3)CA Welfare and Institutions Code § 4839(b)(3) Local social services.
(4)CA Welfare and Institutions Code § 4839(b)(4) Local and state health services and related resources.
(c)CA Welfare and Institutions Code § 4839(c) Procedural standards for designated agencies, including the following:
(1)CA Welfare and Institutions Code § 4839(c)(1) Program development process.
(2)CA Welfare and Institutions Code § 4839(c)(2) Training for workers in the developmental services field.
(3)CA Welfare and Institutions Code § 4839(c)(3) Management information system.
(4)CA Welfare and Institutions Code § 4839(c)(4) Fiscal accountability and cost benefit control.
(5)CA Welfare and Institutions Code § 4839(c)(5) Establishment of contractual relationships.
(6)CA Welfare and Institutions Code § 4839(c)(6) Evaluation.

Section § 4841

Explanation

The Director of Developmental Services should prioritize funding programs that are part of a larger, continuous support system when evaluating how to allocate money for community living arrangements from the Program Development Fund.

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.

Section § 4843

Explanation

This law gives the director the authority to enhance community living arrangements for individuals with special needs. The director is tasked with creating advanced training programs, providing technical help to providers through various agencies, and making important information more accessible. There's also an emphasis on setting up competency-based training and helping agencies and centers recruit qualified staff to improve the quality and availability of services.

To accomplish the goals enumerated in Section 4833, the director may:
(a)CA Welfare and Institutions Code § 4843(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)CA Welfare and Institutions Code § 4843(b) Establish competency-based training programs.
(c)CA Welfare and Institutions Code § 4843(c) Centralize and increase the availability and dissemination of information regarding community living arrangements.
(d)CA Welfare and Institutions Code § 4843(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.

Section § 4844

Explanation
This law requires the Director of Developmental Services to start and keep an eye on agreements between several state departments. These agreements aim to improve planning, coordination, and sharing of resources among the Department of Rehabilitation, Health Care Services, Social Services, and Housing and Community Development.
The Director of Developmental Services shall initiate and monitor interagency performance agreements between the Department of Rehabilitation, the State Department of Health Care Services, the State Department of Social Services, and the Department of Housing and Community Development to ensure planning, coordination, and resource sharing.

Section § 4845

Explanation

This law section outlines a set of services that can be provided by a designated agency if such services aren't available through other state or local programs, and if allowed by departmental regulations. These services include financial assistance for families, support for in-home care, and affordable adoptive and foster care options. It also covers alternative respite care, crisis help, independent living arrangements, group homes for small groups, specialized programs for people with medical needs, and services for those with severe behavioral or developmental requirements. The law emphasizes that these should not replace the responsibilities of other agencies.

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)CA Welfare and Institutions Code § 4845(a) Family subsidy programs.
(b)CA Welfare and Institutions Code § 4845(b) In-home support services.
(c)CA Welfare and Institutions Code § 4845(c) Subsidized adoptive and quasi-adoptive foster care services.
(d)CA Welfare and Institutions Code § 4845(d) Alternative respite services.
(e)CA Welfare and Institutions Code § 4845(e) Crisis assistance.
(f)CA Welfare and Institutions Code § 4845(f) Independent and semi-independent living.
(g)CA Welfare and Institutions Code § 4845(g) Group living for six or fewer persons.
(h)CA Welfare and Institutions Code § 4845(h) Programs to meet the special needs of individuals who are medically fragile.
(i)CA Welfare and Institutions Code § 4845(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.

Section § 4846

Explanation

This law section requires that regional centers and community living continuums create agreements to clearly outline who is responsible for delivering services. These agreements might also involve the Department of Rehabilitation's Independent Living Programs if it's relevant.

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.