Section § 4561

Explanation

This law requires that a state plan be created by the state council every five years, with annual reviews and revisions as needed. This plan must follow federal guidelines outlined in Public Law 106-402. It should include all necessary requirements specified by this federal law or set by the U.S. Secretary of Health and Human Services.

(a)CA Welfare and Institutions Code § 4561(a) A state plan shall be prepared by the state council not less often than once every five years, and shall be reviewed and revised, as necessary, on an annual basis. All references in this part to “state plan” shall be references to the state plan described by Public Law 106-402 (42 U.S.C. Sec. 15001 et seq.).
(b)CA Welfare and Institutions Code § 4561(b) The state plan shall include, but not be limited to, all state plan requirements contained in subtitles A and B of Title I of Public Law 106-402 (42 U.S.C. Sec. 15001 et seq.), or requirements established by the United States Secretary of Health and Human Services.

Section § 4562

Explanation

The state council is responsible for developing and implementing a statewide plan to support individuals with developmental disabilities across different regions. The plan should address the unique needs of California's varied geographic, racial, ethnic, and language communities. To create this plan, the council can seek input from regional offices, advisory committees, statewide and local organizations, as well as individuals with disabilities and their families. The goal is to ensure a comprehensive, coordinated system of services that focuses on the needs and preferences of those with disabilities, fostering their independence, productivity, and inclusion in community life.

(a)CA Welfare and Institutions Code § 4562(a) The state council shall conduct activities necessary to develop and implement the state plan in the various regions of the state.
(b)CA Welfare and Institutions Code § 4562(b) The state plan and its implementation shall be responsive to the needs of the state’s diverse geographic, racial, ethnic, and language communities.
(c)CA Welfare and Institutions Code § 4562(c) In preparing this plan, the council may utilize information provided by any regional offices and regional advisory committees of the state council, statewide and local entities, individuals with developmental disabilities, family members, and other interested parties, to help identify and prioritize actions needed to improve California’s system of services and supports for persons with developmental disabilities.
(d)CA Welfare and Institutions Code § 4562(d)  The purpose of the plan shall be to ensure a coordinated and comprehensive system of community services and supports that is consumer and family centered and consumer and family directed, and to enable individuals with developmental disabilities to exercise self-determination, independence, productivity, and to be integrated and included in all facets of community life.

Section § 4563

Explanation

The state council is responsible for evaluating how well services and support are provided to people with developmental disabilities and their families across the state, including diverse communities. Based on their findings, the council must create goals and objectives to address these needs, which will be included in the state plan.

The state council shall assess the extent to which services, supports, and other forms of assistance are available to individuals with developmental disabilities and their families throughout the state and for the diverse populations of the state. The state council shall develop goals and objectives, based on the identified needs and priorities, to be included in the state plan.

Section § 4564

Explanation

Before sending the state plan for approval, the state council must hold public meetings to discuss the plan and its budget details with the public.

The state council shall conduct public hearings on the state plan and related budgetary issues prior to submission of the plan pursuant to Section 4565.

Section § 4565

Explanation

This law requires that a state plan related to developmental disabilities be reviewed and commented on by various officials and agencies, including the Governor and education leaders, before it is submitted federally. This ensures that the plan aligns with California’s goals and meets federal requirements. Additionally, by November 1 each year, copies of the state plan must be sent to the Director of Finance and the Legislature to help shape the state budget and legislation affecting people with developmental disabilities.

(a)CA Welfare and Institutions Code § 4565(a) The state plan shall be given to the Governor, the Secretary of the California Health and Human Services Agency, the University Centers for Excellence in Developmental Disabilities established pursuant to the federal Developmental Disabilities Assistance and Bill of Rights Act of 2000, the protection and advocacy agency designated by the Governor to fulfill the requirements and assurances of the federal Developmental Disabilities Assistance and Bill of Rights Act of 2000, and the Superintendent of Public Instruction for review and comment prior to its submission by the chairperson of the state council to the United States Secretary of Health and Human Services.
(b)CA Welfare and Institutions Code § 4565(b) Copies of the state plan shall be provided, no later than November 1 of each year, to the Director of Finance and to the Legislature for guidance in the development of the Governor’s Budget and legislative review of the budget, and for guidance in other legislation pertaining to programs for persons with developmental disabilities.

Section § 4567

Explanation

This law requires all state agencies to share information with the state council when it is preparing the state plan. Agencies must note any costs from helping the council in both the state plan and their annual budgets. These costs can be covered by state or federal funds, or both, depending on the funding allocated by the state council.

All state agencies shall cooperate with the reasonable requests of the state council by providing information to the state council in the preparation of the state plan. Any expenditures incurred by state agencies in providing this assistance to the state council shall be identified in the state plan and in the state agency’s annual budget. These expenditures may be funded in whole or in part by state funds appropriated as the required state share of the developmental disabilities program, or by federal funds from Public Law 106-402, as amended (42 U.S.C. Sec. 15001 et seq.), or both, when the state council allots funds for these purposes in the state plan.

Section § 4568

Explanation

This law ensures that the state council cannot replace state funds with federal funds for programs designed to help people with developmental disabilities. Federal funds are meant to add to, not substitute, the existing state funding.

In no event shall the state council allot federal funds from Public Law 106-402, as amended (42 U.S.C. Sec. 15001 et seq.), to state agencies to replace state funds currently allocated to those agencies for the purpose of planning programs for persons with developmental disabilities.