Habilitation Services For Persons With Developmental Disabilities - - CA Welfare And Institutions

Section § 4850

This law section emphasizes that habilitation services, which help adults with developmental disabilities learn life skills, should be part of a range of services. These services aim to help them live like other people their age without disabilities. It also stresses that these services are essential to ensure their rights are upheld, as mentioned in another legal section.

(a) The Legislature reaffirms its intent that habilitation services for adults with developmental disabilities should be planned and provided as a part of a continuum and that habilitation services should be available to enable persons with developmental disabilities to approximate the pattern of everyday living available to nondisabled people of the same age.

(b) The Legislature further intends that habilitation services shall be provided to adults with developmental disabilities as specified in this chapter in order to guarantee the rights stated in Section 4502.

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(Repealed and added by Stats. 2003, Ch. 226, Sec. 2. Effective January 1, 2004. Operative July 1, 2004, by Sec. 3 of Ch. 226.)

Section § 4850.1

Starting from July 1, 2004, the State Department of Developmental Services took over the responsibilities previously handled by the Department of Rehabilitation when it comes to running the Habilitation Services Program. This program was originally set up under a previous chapter.

Notwithstanding Section 19050.9 of the Government Code, beginning July 1, 2004, the State Department of Developmental Services shall succeed to all functions and responsibilities of the Department of Rehabilitation with respect to the administration of the Habilitation Services Program established pursuant to former Chapter 4.5 (commencing with Section 19350) of Part 2 of Division 10.

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(Repealed and added by Stats. 2003, Ch. 226, Sec. 2. Effective January 1, 2004. Operative July 1, 2004, by Sec. 3 of Ch. 226.)

Section § 4850.2

This section says that the chapter's rules mainly cover habilitation services bought by regional centers, with certain exceptions. It also clarifies that this section doesn't limit any rights mentioned in another part of the law, specifically Section 4502.

(a) Except as otherwise specifically provided, this chapter shall only apply to those habilitation services purchased by the regional centers.

(b) Nothing in this section shall be construed to abridge the rights stated in Section 4502.

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(Added by Stats. 2003, Ch. 226, Sec. 2. Effective January 1, 2004. Operative July 1, 2004, by Sec. 3 of Ch. 226.)

Section § 4851

This law section defines key terms related to habilitation services for adults with developmental disabilities, provided through regional centers. 'Habilitation services' are designed to support individuals in achieving their highest vocational functioning. These services include the Work Activity Program and Supported Employment Program, aimed at preparing individuals for employment or vocational rehabilitation.

'Individual program plan' refers to the comprehensive plan developed by a regional center, while 'individual habilitation service plan' is specific to employment goals. The terms 'work activity program' and 'supported employment program' describe different types of job-related services and settings for people with disabilities.

The 'Department' referenced is the State Department of Developmental Services, and 'CARF' is the Commission on Accreditation of Rehabilitation Facilities. The law also describes 'integrated work,' which involves employment settings where people with disabilities work alongside those without disabilities.

'Supported employment placement' includes ongoing support services for job retention, while 'allowable supported employment services' are outlined as job development and necessary ongoing support. 'Group services' and 'individualized services' refer to different levels of job coaching support.

The definitions contained in this chapter shall govern the construction of this chapter, with respect to habilitation services provided through the regional center, and unless the context requires otherwise, the following terms shall have the following meanings:

(a) “Habilitation services” means community-based services purchased or provided for adults with developmental disabilities, including services provided under the Work Activity Program and the Supported Employment Program, to prepare and maintain them at their highest level of vocational functioning, or to prepare them for referral to vocational rehabilitation services.

(b) “Individual program plan” means the overall plan developed by a regional center pursuant to Section 4646.

(c) “Individual habilitation service plan” means the service plan developed by the habilitation service vendor to meet employment goals in the individual program plan.

(d) “Department” means the State Department of Developmental Services.

(e) “Work activity program” includes, but is not limited to, sheltered workshops or work activity centers, or community-based work activity programs certified pursuant to subdivision (f) or accredited by CARF, the Commission on Accreditation of Rehabilitation Facilities.

(f) “Certification” means certification procedures developed by the Department of Rehabilitation.

(g) “Work activity program day” means the period of time during which a Work Activity Program provides services to consumers.

(h) “Supported employment program” means a program that meets the requirements of subdivisions (l) to (q), inclusive.

(i) “Consumer” means any adult who receives services purchased under this chapter.

(j) “Accreditation” means a determination of compliance with the set of standards appropriate to the delivery of services by a work activity program or supported employment program, developed by CARF, the Commission on Accreditation of Rehabilitation Facilities, and applied by the commission or the department.

(k) “CARF” means the Commission on Accreditation of Rehabilitation Facilities.

(l) “Supported employment” means paid work that is integrated in the community for individuals with developmental disabilities.

(m) “Integrated work” means the engagement of an employee with a disability in work in a setting typically found in the community in which individuals interact with individuals without disabilities other than those who are providing services to those individuals, to the same extent that individuals without disabilities in comparable positions interact with other persons.

(n) “Supported employment placement” means the employment of an individual with a developmental disability by an employer in the community, directly or through contract with a supported employment program. This includes provision of ongoing support services necessary for the individual to retain employment.

(o) “Allowable supported employment services” means the services approved in the individual program plan and specified in the individual habilitation service plan for the purpose of achieving supported employment as an outcome, and may include any of the following:

(1) Job development, to the extent authorized by the regional center.

(2) Program staff time for conducting job analysis of supported employment opportunities for a specific consumer.

(3) Program staff time for the direct supervision or training of a consumer or consumers while they engage in integrated work unless other arrangements for consumer supervision, including, but not limited to, employer supervision reimbursed by the supported employment program, are approved by the regional center.

(4) Community-based training in adaptive functional and social skills necessary to ensure job adjustment and retention.

(5) Counseling with a consumer’s significant other to ensure support of a consumer in job adjustment.

(6) Advocacy or intervention on behalf of a consumer to resolve problems affecting the consumer’s work adjustment or retention.

(7) Ongoing support services needed to ensure the consumer’s retention of the job.

(p) “Group services” means job coaching in a group supported employment placement at a job coach-to-consumer ratio of not less than 1 to 2 nor more than 1 to 8 where services to a minimum of two consumers are funded by the regional center or the Department of Rehabilitation. For consumers receiving group services, job coaching shall be provided at the worksite.

(q) “Individualized services” means job coaching and other supported employment services for regional center-funded consumers in a supported employment placement at a job coach-to-consumer ratio of 1 to 1, and that decrease over time until stabilization is achieved. Individualized services may be provided on or off the jobsite.

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(Amended by Stats. 2025, Ch. 12, Sec. 11. (AB 143) Effective June 27, 2025.)

Section § 4852

This law section states that an adult with a diagnosed developmental disability can be referred to a provider for habilitation services if they need these services and choose them as part of their individual program plan.

A consumer shall be referred to a provider of habilitation services under this chapter when all of the following apply:

(a) The individual is an adult who has been diagnosed as having a developmental disability.

(b) The individual is determined to be in need of and has chosen habilitation services through the individual program planning process pursuant to Section 4646.

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(Repealed and added by Stats. 2003, Ch. 226, Sec. 2. Effective January 1, 2004. Operative July 1, 2004, by Sec. 3 of Ch. 226.)

Section § 4853

If a person is sent to a work activity program for job training services, they are assumed to be eligible for up to 90 days. During this time, the program must report on the person's work skills in five areas: safe behavior at work, attention span, ability to follow simple directions, basic communication skills, and attendance.

This report helps a team decide if the referral to the work program was appropriate.

(a) When a referral for habilitation services pursuant to Section 4852 has been made and if the individual is placed in a work activity program, he or she shall be deemed presumptively eligible for a period not to exceed 90 days.

(b) During the period of presumptive eligibility, the work activity program shall submit a work skills evaluation report to the regional center. The work skills evaluation report shall reflect the performance of the consumer in all of the following areas:

(1) Appropriate behavior to safely conduct himself or herself in a work setting.

(2) Adequate attention span to reach a productivity level in paid work.

(3) Ability to understand and act on simple instructions within a reasonable length of time.

(4) Ability to communicate basic needs and understand basic receptive language.

(5) Attendance level.

(c) During the period of presumptive eligibility, the individual program plan planning team shall, pursuant to Section 4646, utilize the work skills evaluation report to determine the appropriateness of the referral.

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(Repealed and added by Stats. 2003, Ch. 226, Sec. 2. Effective January 1, 2004. Operative July 1, 2004, by Sec. 3 of Ch. 226.)

Section § 4854

This law requires that when developing a personalized service plan for a person receiving habilitation services, the service provider must set clear objectives. These goals help measure if the person can achieve or maintain employment goals in several areas. Specifically, the plan should address the person's ability to work for a certain time, maintain a specific level of productivity and attendance, and demonstrate suitable behavior in a work environment.

In developing the individual habilitation service plan pursuant to Section 4853, the habilitation service provider shall develop specific and measurable objectives to determine whether the consumer demonstrates ability to reach or maintain individual employment goals in all of the following areas:

(a) Participation in paid work for a specified period of time.

(b) Obtaining or sustaining a specified productivity rate.

(c) Obtaining or sustaining a specified attendance level.

(d) Demonstration of appropriate behavior for a work setting.

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(Repealed and added by Stats. 2003, Ch. 226, Sec. 2. Effective January 1, 2004. Operative July 1, 2004, by Sec. 3 of Ch. 226.)

Section § 4854.1

This law requires the individual program plan planning team to meet and review certain aspects when necessary. They must check if a person's job placement is suitable, whether the services provided at a Work Activity or Supported Employment Program are appropriate, and assess the individual's habilitation service plan.

The individual program plan planning team, shall, pursuant to Section 4646, meet, when it is necessary to review any of the following:

(a) The appropriateness of job placement.

(b) The appropriateness of the services available at the Work Activity Program or Supported Employment Program.

(c) The individual habilitation service plan.

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(Added by Stats. 2003, Ch. 226, Sec. 2. Effective January 1, 2004. Operative July 1, 2004, by Sec. 3 of Ch. 226.)

Section § 4855

If a person qualifies for habilitation services and is sent to the Department of Rehabilitation for job-related services but ends up on a waiting list, the regional center must provide the necessary services in the meantime. This temporary support continues until the vocational rehabilitation program can take over.

When an individual who is eligible for habilitation services under this chapter is referred to the Department of Rehabilitation for vocational rehabilitation services, including supported employment services, and is placed on a Department of Rehabilitation waiting list for vocational rehabilitation as a result of the Department of Rehabilitation’s order of selection regulations, the regional center shall authorize appropriate services for the individual pursuant to this chapter as needed until services can be provided by the vocational rehabilitation program.

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(Repealed and added by Stats. 2003, Ch. 226, Sec. 2. Effective January 1, 2004. Operative July 1, 2004, by Sec. 3 of Ch. 226.)

Section § 4856

This law requires regional centers to keep an eye on habilitation services providers to ensure they meet certain standards related to service quality, protection for individuals, and regulatory compliance. If providers don't comply, regional centers can impose sanctions like halting new referrals, creating corrective action plans, removing consumers for safety reasons, or ending their approved status (vendorization).

If a provider is sanctioned, they may need to adjust their services quickly to avoid further consequences. Providers have the right to request a review if they disagree with the sanctions. If problems are fixed, individuals removed from a program for safety can return at their discretion.

(a) The regional center shall monitor, evaluate, and audit habilitation services providers for program effectiveness, using performance criteria that include, but are not limited to, all of the following:

(1) Service quality.

(2) Protections for individuals receiving services.

(3) Compliance with applicable CARF standards.

(b)

(1) The regional center may impose immediate sanctions on providers of work activity programs and supported employment programs for noncompliance with accreditation or services standards contained in regulations adopted by the department, and for safety violations which pose a threat to consumers of habilitation services.

(2) Sanctions include, but are not limited to, the following:

(A) A moratorium on new referrals.

(B) Imposition of a corrective plan as specified in regulations.

(C) Removal of consumers from a service area where dangerous conditions or abusive conditions exist.

(D) Termination of vendorization.

(c) A moratorium on new referrals may be the first formal sanction to be taken except in instances where consumers are at imminent risk of abuse or other harm. When the regional center determines a moratorium on new referrals to be the first formal sanction, a corrective action plan shall be developed. The moratorium shall be lifted only when the conditions cited are corrected per a corrective action plan.

(d) A corrective action plan is a formal sanction, that may be imposed either simultaneously with a moratorium on new referrals, or as a single sanction in circumstances that do not require a moratorium, as determined by the regional center. Noncompliance with the conditions and timelines of the corrective action plan shall result in termination of vendorization.

(e) Removal of consumers from a program shall only take place where dangerous or abusive conditions are present, or upon termination of vendorization. In instances of removal for health and safety reasons, when the corrections are made by the program, as determined by the regional center, consumers may return, at their option.

(f) Any provider sanctioned under subparagraph (B) or (C) of paragraph (2) of subdivision (b) may request an administrative review as specified in Section 4648.1.

(g) Any provider sanctioned under subparagraph (D) of paragraph (2) of subdivision (b) shall have a right to a formal review by the Office of Administrative Hearings under Chapter 4 (commencing with Section 11370) of Part 1 of Division 3 of Title 2 of the Government Code.

(h) Effective July 1, 2004, if a habilitation services provider is under sanction under former Section 19354.5, the provider shall complete the requirements of the corrective action plan or any other terms or conditions imposed upon it as part of the sanctions. At the end of the term of the corrective action plan or other compliance requirements, the services provider shall be evaluated by the regional center based upon the requirements in this section.

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(Repealed and added by Stats. 2003, Ch. 226, Sec. 2. Effective January 1, 2004. Operative July 1, 2004, by Sec. 3 of Ch. 226.)

Section § 4857

This law states that a regional center will pay for habilitation services based on an individual's program plan. These services will continue as long as the person is making good progress towards their goals, or if the regional center decides that the services are needed to help the person maintain their best level of work skills, or to get ready for vocational rehabilitation services.

The regional center shall purchase habilitation services pursuant to the individual program plan. Habilitation services shall continue as long as satisfactory progress is being made toward achieving the objectives of the individual habilitation service plan or as long as these services are determined by the regional center to be necessary to maintain the individual at their highest level of vocational functioning, or to prepare the individual for referral to vocational rehabilitation services.

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(Repealed and added by Stats. 2003, Ch. 226, Sec. 2. Effective January 1, 2004. Operative July 1, 2004, by Sec. 3 of Ch. 226.)

Section § 4857.1

This law states that regional centers in California can buy habilitation services only from authorized providers. These providers must be officially approved, or 'vendored,' according to certain regulations. If a habilitation service provider was already offering services as of July 1, 2004, they are automatically considered approved.

Regional centers may purchase habilitation services only from providers who are vendored as described in Section 4861 and regulations promulgated pursuant to that section. Habilitation services providers who, on July 1, 2004, are providing services to consumers shall be deemed to be an approved vendor.

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(Amended by Stats. 2025, Ch. 12, Sec. 12. (AB 143) Effective June 27, 2025.)

Section § 4858

This law section requires that every work activity program must annually evaluate the participants in their program to see if they would benefit from vocational rehabilitation services like supported employment. If it looks like these services would be helpful, the program must work with the regional center to refer the participant to the Department of Rehabilitation, following the individual's program plan.

(a) Each work activity program vendor shall, at a minimum, annually review the status of consumers participating in their program to determine whether these individuals would benefit from vocational rehabilitation services, including supported employment.

(b) If it is determined that the consumer would benefit from vocational rehabilitation services, the work activity program vendor shall, in conjunction with the regional center and in accordance with the individual program plan process, refer the consumer to the Department of Rehabilitation.

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(Repealed and added by Stats. 2003, Ch. 226, Sec. 2. Effective January 1, 2004. Operative July 1, 2004, by Sec. 3 of Ch. 226.)

Section § 4859

This law requires the department to create rules for setting fair and cost-effective rates for work activity program services. These rates should reflect the actual reasonable cost of providing services and will be reviewed every two years. The department will evaluate and adopt the rates that were in place as of July 1, 2004, until the next time rates are set. Additionally, regional centers are required to pay these established rates for the work activity programs.

(a) The department shall adopt regulations to establish rates for work activity program services subject to the approval of the Department of Finance. The regulations shall provide for an equitable and cost-effective ratesetting procedure in which each specific allowable service, activity, and provider administrative cost comprising an overall habilitation service, as determined by the department, reflects the reasonable cost of service. Reasonable costs shall be determined biennially by the department, subject to audit at the discretion of the department.

(b) The department shall adopt the existing work activity program rates as of July 1, 2004, that shall remain in effect until the next ratesetting year.

(c) Notwithstanding paragraph (4) of subdivision (a) of Section 4648, the regional center shall pay the work activity program rates established by the department.

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(Repealed and added by Stats. 2003, Ch. 226, Sec. 2. Effective January 1, 2004. Operative July 1, 2004, by Sec. 3 of Ch. 226.)

Section § 4860

This section outlines the regulations for supported employment services, including how hourly rates for individualized and group services are determined and posted by the department. Travel reimbursement for job coaches is allowed under specific conditions. For group services, consumers should start and end work simultaneously unless an exception is approved, and funding might be terminated if the group size drops below the required number. Fees are specified for intake, placement in a job, and retention, with conditions on when these fees apply. Regional centers must pay rates set by this section despite other statutes, and they are involved in an annual survey that collects information on placements, types of jobs, rate costs, and consumer work details. The survey results are included in the department's fiscal estimate.

(a)

(1) The hourly rate for supported employment services shall be set by the department and posted to its internet website.

(2) Job coach hours spent in travel to consumer worksites may be reimbursable for individualized services only when the job coach travels from the vendor’s headquarters to the consumer’s worksite or from one consumer’s worksite to another, and only when the travel is one way.

(b) The hourly rate for group services shall be set by the department and posted to its internet website. Consumers in a group shall be scheduled to start and end work at the same time, unless an exception that takes into consideration the consumer’s compensated work schedule is approved in advance by the regional center. The department, in consultation with stakeholders, shall adopt regulations to define the appropriate grounds for granting these exceptions. When the number of consumers in a supported employment placement group drops to fewer than the minimum required in subdivision (p) of Section 4851, the regional center may terminate funding for the group services in that group, unless, within 90 days, the program provider adds one or more regional centers, or Department of Rehabilitation-funded supported employment consumers to the group.

(c) When Section 4855 applies, fees shall be authorized for the following:

(1) A three-hundred-sixty-dollar ($360) fee shall be paid to the program provider upon intake of a consumer into a supported employment program. No fee shall be paid if that consumer completed a supported employment intake process with that same supported employment program within the previous 12 months.

(2) A seven-hundred-twenty-dollar ($720) fee shall be paid upon placement of a consumer in an integrated job, except that no fee shall be paid if that consumer is placed with another consumer or consumers assigned to the same job coach during the same hours of employment.

(3) A seven-hundred-twenty-dollar ($720) fee shall be paid after a 90-day retention of a consumer in a job, except that no fee shall be paid if that consumer has been placed with another consumer or consumers, assigned to the same job coach during the same hours of employment.

(d) Notwithstanding paragraph (4) of subdivision (a) of Section 4648, the regional center shall pay the supported employment program rates established by this section.

(e) The department, with regional center participation, shall conduct an annual survey of providers, in a format determined by the department, to collect the following information:

(1) The number of employment placements in the previous 12 months.

(2) Types of employment in which consumers are placed.

(3) The cost components of the rates in subdivisions (a) and (b), including, but not limited to, the amount used for hourly wages of job coaches, administration, and placement search costs.

(4) The number of hours each consumer works and the consumer’s hourly wage.

(5) Any other information determined by the department.

(f) In its 2017–18 May Revision fiscal estimate, the department shall describe the results of the survey described in subdivision (e).

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(Amended by Stats. 2025, Ch. 12, Sec. 13. (AB 143) Effective June 27, 2025.)

Section § 4861

This law allows regional centers to partner with new work activity or supported employment programs, provided these programs can deliver effective services and plan to meet accreditation standards. Approved programs for supported employment will receive payment rates specified by related laws, while new work activity programs get their rates from the department's website. Even if a program isn't yet CARF-accredited, the regional center can buy services from them if they comply with Department of Rehabilitation standards, commit to apply for CARF accreditation within three years, and receive accreditation within four years. The regional center will approve new or existing vendor proposals based on the community need for these programs, the vendor's service capacity, compliance with requirements, and success in integrating paid employment for consumers.

The regional center may vendor new work activity or supported employment programs, after determining the capacity of the program to deliver effective services, and assessing the ability of the program to comply with CARF requirements.

(a) Programs that receive the regional center’s approval to provide supported employment services shall receive rates in accordance with Section 4860.

(b) A new work activity program shall receive the rate posted on the department’s internet website.

(c) The regional center may purchase services from new work activity programs and supported employment programs, even though the program in not yet accredited by CARF, if all of the following apply:

(1) The vendor can demonstrate that the program is in compliance with certification standards established by the Department of Rehabilitation, to allow a period for becoming CARF accredited.

(2)

(A) The program commits, in writing, to apply for accreditation by CARF within three years of the approval to purchase services by the regional center.

(B) CARF shall accredit a program within four years after the program has been vendored.

(d) The regional center may approve or disapprove proposals submitted by new or existing vendors based on all of the following criteria to the extent that it is federally permissible:

(1) The need for a work activity or supported employment program.

(2) The capacity of the vendor to deliver work activity or supported employment services effectively.

(3) The ability of the vendor to comply with the requirements of this section.

(4) The ability of the vendor to achieve integrated paid work for consumers served in supported employment.

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(Amended by Stats. 2025, Ch. 12, Sec. 14. (AB 143) Effective June 27, 2025.)

Section § 4862

This section outlines rules on the minimum length of the workday for work activity programs, which are programs designed to help individuals with disabilities gain work skills. The standard day must be at least five hours, not counting lunch. Generally, the length should be consistent with a previously established period, unless changes are approved.

If a program wants to change the length of its workday, it must get written approval from a regional center, which may also adjust program rates. Adjustments for individual consumer needs can be made with the regional center's approval based on the individual program planning team's recommendation. Any changes must be documented with reasons provided to the regional center.

(a) The length of a work activity program day shall not be less than five hours, excluding the lunch period.

(b)

(1) Except as provided in paragraph (2), the length of a work activity program day shall not be reduced from the length of the work activity program day in the historical period that was the basis for the approved habilitation services rate.

(2)

(A) A work activity program may, upon consultation with, and prior written approval from, the regional center, change the length of a work activity program day.

(B) If the regional center approves a reduction in the work activity program day pursuant to subparagraph (A), the department may change the work activity program rate.

(c)

(1) A work activity program may change the length of a work activity program day for a specific consumer in order to meet the needs of that consumer, if the regional center, upon the recommendation of the individual program planning team, approves the change.

(2) The work activity program shall specify in writing to the regional center the reasons for any proposed change in a work activity program day on an individual basis.

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(Amended (as being added July 1, 2004, by Stats. 2003, Ch. 226) by Stats. 2003, Ch. 886, Sec. 3. Effective January 1, 2004. Operative July 1, 2004, by Sec. 4 of Ch. 886.)

Section § 4863

This law section allows work activity programs and regional centers to switch from full-day to hourly billing, but only if it doesn't cost the regional center more money. To do this, the program must submit a request at least 60 days before they want to start billing hourly. Once they start hourly billing, they must use it for at least a year. Also, certain definitions from Section 4851 won't apply when they're using hourly billing.

(a) In accordance with regulations adopted by the department, and if agreed upon by the work activity program and the regional center, hourly billing shall be permitted, provided that it does not increase the regional center’s costs when used in lieu of full-day billing. A work activity program shall be required to submit a request for the hourly billing option to the regional center not less than 60 days prior to the program’s proposed implementation of this billing option.

(b) If a work activity program and the regional center elect to utilize hourly billing, the hourly billing process shall be required to be used for a minimum of one year.

(c) When the hourly billing process is being used, the definitions contained in subdivisions (h) and (i) of Section 4851 shall not apply.

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(Amended by Stats. 2022, Ch. 49, Sec. 80. (SB 188) Effective June 30, 2022.)

Section § 4864

This law requires the department to approve payments for missed days in work activity and supported employment programs when a State of Emergency is declared by the Governor. Vendors can charge for these absences but only for days missed beyond their usual average from the past year.

The department shall authorize payment for absences in work activity programs and supported employment programs that are directly consequent to a declaration of a State of Emergency by the Governor. If the department authorizes payment for absences due to a state of emergency, the vendor shall bill only for absences in excess of the average number of absences experienced by the vendor during the 12-month period prior to the month in which the disaster occurred.

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(Repealed and added by Stats. 2003, Ch. 226, Sec. 2. Effective January 1, 2004. Operative July 1, 2004, by Sec. 3 of Ch. 226.)

Section § 4865

If there is suspected abuse, the Department of Rehabilitation can ask work activity or supported employment programs to provide reports on accreditation, state licensing, and special incidents involving consumers, as required by law or regulations.

At the request of the Department of Rehabilitation, a work activity or supported employment program or both shall release accreditation and state licensing reports and consumer special incident reports as required by law or regulations in instances of suspected abuse.

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(Repealed and added by Stats. 2003, Ch. 226, Sec. 2. Effective January 1, 2004. Operative July 1, 2004, by Sec. 3 of Ch. 226.)

Section § 4865.1

This law states that regional centers in California must continue paying the pre-existing rate for supported employment groups with a coach-to-client ratio of 1:3 as it was on June 30, 2004. This only applies if certain conditions are met: the group must have been established before July 1, 2002, had a 1:3 ratio by May 1, 2004, and the employer is willing to accommodate no more than three clients. The State Department of Developmental Services, in consultation with the regional center, will decide if these conditions are met, and their decision is final. Groups must meet specific requirements by July 1, 2005, or risk losing funding.

(a) A regional center shall continue to pay the rate in effect as of June 30, 2004, for a supported employment placement group composed of a coach-to-client ratio of 1:3 when the provider submits to the State Department of Developmental Services and the regional center, by July 30, 2004, documentation that all of the following conditions apply:

(1) The group was established prior to July 1, 2002.

(2) The group was at the 1:3 ratio on May 1, 2004.

(3) The employer will only accommodate a group of three.

(b) In consultation with the regional center, the State Department of Developmental Services shall determine whether the requirements of this section have been met. The department’s decision shall be final.

(c) Groups paid under this section shall meet the requirements of subdivision (r) of Section 4851 by July 1, 2005, or be subject to termination of funding pursuant to subdivision (b) of Section 4860.

supported employment regional center coach-to-client ratio State Department of Developmental Services employment group funding special needs employment 1:3 ratio employment group conditions pre-existing rate funding termination employment eligibility criteria group accommodation state decision final requirement compliance documentation submission

(Added by Stats. 2004, Ch. 228, Sec. 9.4. Effective August 16, 2004.)

Section § 4866

This section allows the Department of Developmental Services to create emergency regulations quickly when needed to protect public peace, health, safety, or general welfare. These regulations are considered essential under a specific government code.

The department may promulgate emergency regulations to carry out the provisions of this chapter. If the Department of Developmental Services promulgates emergency regulations, the adoption of the regulations shall be deemed necessary for the immediate preservation of the public peace, health and safety, or general welfare for purposes of subdivision (b) of Section 11346.1 of the Government Code.

emergency regulations Department of Developmental Services public peace health and safety general welfare immediate preservation subdivision (b) Section 11346.1 Government Code rulemaking urgent regulations emergency rulemaking public welfare protective measures regulatory process administrative actions

(Repealed and added by Stats. 2003, Ch. 226, Sec. 2. Effective January 1, 2004. Operative July 1, 2004, by Sec. 3 of Ch. 226.)

Section § 4867

This law clarifies that work activity and supported employment programs are allowed to serve individuals who receive funding from various agencies, not just regional centers. This includes agencies like the Department of Rehabilitation.

Nothing in this chapter shall be interpreted to mean that work activity programs or supported employment programs cannot serve consumers who are funded by agencies other than regional centers, including, but not limited to, the Department of Rehabilitation.

work activity programs supported employment programs consumers regional centers Department of Rehabilitation agency funding employment services California welfare multisource support rehabilitation funding non-regional funding consumer services

(Added by Stats. 2003, Ch. 226, Sec. 2. Effective January 1, 2004. Operative July 1, 2004, by Sec. 3 of Ch. 226.)

Services For The Developmentally Disabled

Chapter 13Habilitation Services For Persons With Developmental Disabilities

Section § 4850

Section § 4850.1

Section § 4850.2

Section § 4851

Section § 4852

Section § 4853

Section § 4854

Section § 4854.1

Section § 4855

Section § 4856

Section § 4857

Section § 4857.1

Section § 4858

Section § 4859

Section § 4860

Section § 4861

Section § 4862

Section § 4863

Section § 4864

Section § 4865

Section § 4865.1

Section § 4866

Section § 4867

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