This law emphasizes that high-quality care for people with developmental disabilities in residential facilities depends on teamwork. This team includes the regional center, the individual with disabilities, their parents or representatives, the facility administrator, and the licensing agency. Everyone must know their roles and responsibilities clearly to ensure good care and accountability.
It also notes that having too many staff from placement and licensing agencies giving instructions can harm the quality of care, suggesting that a clear, streamlined communication process is essential.
The Legislature finds the following:
(a)CA Welfare and Institutions Code § 4740(a) The quality of care provided to persons with developmental disabilities by residential facilities is contingent upon a closely coordinated “team” effort by the regional center or its designee, the person with developmental disabilities, the parent or representative if appropriate, the residential facility administrator, and the licensing agency. The rights and responsibilities of each must be identified in order to assure clear direction and accountability for each.
(b)CA Welfare and Institutions Code § 4740(b) The quality of care is impaired when inordinate numbers of staff from placement and licensing agencies give direction to the facility administrator regarding care and service requirements.
developmental disabilities care residential facilities team coordination accountability roles and responsibilities care quality regional center facility administrator licensing agency parent or representative clear direction care requirements staff communication impacts on care quality
(Amended by Stats. 1998, Ch. 1043, Sec. 23. Effective January 1, 1999.)
An adult with a developmental disability has the right to choose where they live. They cannot be moved from a residential care facility against their will by a regional center unless there is an emergency or a court has given permission. If the person is a child, their parent, guardian, or conservator must agree to the move.
An adult person with a developmental disability has the legal right to determine where his or her residence will be. Except in a situation which presents immediate danger to the health and well-being of the individual, the regional center or its designee shall not remove a consumer from a residential care facility against the client’s wishes unless there has been specific court action to abridge such right with respect to an adult or unless the parent, guardian or conservator consents with respect to a child.
developmental disability residential care adult rights emergency removal regional center court permission consumer rights residence choice parental consent guardian consent conservator consent health and well-being legal right to choose residence WIC 4741 protecting disabled individuals
(Amended by Stats. 1998, Ch. 1043, Sec. 24. Effective January 1, 1999.)
This law requires regional centers or their representatives to provide guidance and advice to facility staff on how to care for and support each person they serve. They must also regularly check that the care and services given align with each individual's specific program plan.
The regional center or its designated representative shall (a) guide and counsel facility staff regarding the care and services and supports required by each consumer served by the regional center; and (b) monitor the care and services and supports provided the individual to ensure that care and services and supports are provided in accordance with the individual program plan.
regional center guidance facility staff counseling individual program plan consumer care monitoring services and supports facility staff guidance individual care compliance consumer support program plan alignment care quality assurance monitoring services consumer services designated representative duties individualized care support services oversight
(Amended by Stats. 1998, Ch. 1043, Sec. 25. Effective January 1, 1999.)
This law states that when a regional center representative is carrying out their duties to oversee services and supports, their statements are generally protected as privileged communication, which means they cannot be used against them in court. However, if it's proven that the representative knowingly lied or didn't care whether the statement was true, this protection doesn't apply.
(a)CA Welfare and Institutions Code § 4742.1(a) A statement made by a regional center representative when discharging his or her obligation to monitor the provision of services and supports pursuant to this division shall be a privileged communication, subject to subdivision (b).
(b)CA Welfare and Institutions Code § 4742.1(b) A statement shall not be privileged pursuant to subdivision (a) if a party to a judicial action demonstrates that the regional center representative made the disputed statement with knowledge of its falsity or with reckless disregard for the truth.
privileged communication regional center representative service oversight false statement exception reckless disregard for truth monitoring services judicial action obligation to monitor protection of communication truthful statements disputed statement oversight duties knowledge of falsity legal privilege accountability in communication
(Added by Stats. 1998, Ch. 1043, Sec. 26. Effective January 1, 1999.)
This law aims to ensure that in any given facility, there are as few staff members as needed managing the programs for individuals. The regional center must assign a staff member to make sure each consumer's program plan is implemented correctly. Additionally, one person will act as the main contact for each facility, overseeing the care and services provided according to the program plans. Even if more staff members are needed due to a higher number of consumers, there should still be one primary person responsible for coordinating instructions and monitoring care and services for consistency and continuity.
It is the intent of the Legislature that to the greatest extent possible, the staff of the regional center or its designee are assigned so as to minimize the number of persons responsible for programs provided in a given facility.
The regional center or its designee shall designate the staff person responsible for assuring that each individual consumer’s program plan is carried out. One person shall be assigned by the regional center as the principal liaison to a facility and to monitor the provision of care and the services provided by that facility in accordance with the individual program plans. If, due to the number of regional center consumers in the facility, additional staff of a regional center or its designee serve consumers in the facility, one person shall be assigned as having primary responsibility for, and assure consistency and continuity of, directions to the administrator and for the monitoring of care and services.
regional center staff consumer program plan facility liaison monitoring care service consistency continuity of directions program implementation principal liaison assigned staff facility care oversight minimizing staff responsibility individual program plans facility services monitoring primary responsibility consumer care assurance
(Amended by Stats. 1998, Ch. 1043, Sec. 27. Effective January 1, 1999.)
Before placing a consumer in a residential facility, the regional center must inform the facility administrator about any known risks the consumer might pose. However, they can't share confidential information unless the consumer or their authorized representative agrees to it.
The regional center or its designee shall provide to the residential facility administrator all information in its possession concerning any history of dangerous propensity of the consumer prior to the placement in that facility. However, no confidential consumer information shall be released pursuant to this section without the consent of the consumer or authorized representative.
regional center residential facility consumer information dangerous propensity consumer consent confidential information facility placement authorized representative information sharing consumer history
(Amended by Stats. 1998, Ch. 1043, Sec. 28. Effective January 1, 1999.)
When a staff member visits a facility, they must immediately tell the administrator if there are any major problems with the care or services. They must also say what needs to be fixed and by when. This information must be sent in writing within 48 hours, along with the administrator's right to challenge the findings.
During each visit to the facility, the designated staff person shall inform the administrator orally of any substantial inadequacies in the care and services provided, the specific corrective action necessary and the date by which corrective action must be completed. The designated staff person shall confirm this information in writing to the administrator within 48 hours after the oral notice and inform the administrator in writing of the right to appeal the findings.
facility visit substantial inadequacies corrective action oral notice written confirmation administrator's appeal rights care deficiencies facility compliance corrective deadline staff responsibilities administrative communication care services review facility inspections appeal process visit protocol
(Amended by Stats. 1998, Ch. 1043, Sec. 29. Effective January 1, 1999.)
This law section explains that if there are problems with a facility's care, the time spent fixing these issues depends on how severe the problems are and the care's quality. If improvements aren't made in a reasonable time, a report with recommendations and evidence must be sent to a supervisor and licensing agency. The agency must have enough documentation to support corrective action.
The severity of the deficiencies and the quality of care provided shall determine how long the regional center or its designee will work with the facility administrator to resolve inadequacies. After a reasonable period of time, if the care continues to be unacceptable, the designated staff person shall submit to his or her supervisor and to the licensing agency and administrator a recommended disposition with supporting documents attached. The placement agency shall develop sufficient documentation of inadequacies and care provided to sustain corrective action.
facility deficiencies quality of care facility administrator regional center problem resolution care inadequacies corrective action supporting documents licensing agency placement agency documentation of care facility oversight resolving care issues care acceptability
(Repealed and added by Stats. 1981, Ch. 714, Sec. 470.)
If someone receiving services, or their parent, guardian, or representative, asks for a move, the regional center must quickly arrange a meeting to help plan and assist with finding and moving to a new place.
If a consumer or, when appropriate, the parent, guardian, or conservator or authorized representative, including those appointed pursuant to subdivision (a) of Section 4541, requests a relocation, the regional center shall schedule an individual program plan meeting, as soon as possible to assist in locating and moving to another residence.
consumer relocation individual program plan meeting regional center moving assistance resident relocation request authorized representative parent guardian request conservator relocation residential assistance service planning meeting relocation support resident services relocation request process moving plan individual support plan
(Amended by Stats. 2020, Ch. 367, Sec. 18. (SB 1264) Effective January 1, 2021.)
This law requires the State Department of Developmental Services to create and enforce rules within nine months to ensure that people living in residential facilities and registered with regional centers receive consistent care and services.
Within nine months of the effective date of this section, the State Department of Developmental Services shall develop and implement regulations for use by the regional center or its designee to assure uniformity of the care and services to be provided to persons registered with the regional centers who reside in residential facilities.
State Department of Developmental Services regulations regional centers uniformity of care services residential facilities persons registered implementation care consistency designee nine-month deadline
(Repealed and added by Stats. 1981, Ch. 714, Sec. 470.)
