California Senate Bill SB367 Amended / Bill

 BILL NUMBER: SB 367AMENDED BILL TEXT AMENDED IN SENATE MAY 28, 2013 AMENDED IN SENATE APRIL 11, 2013 AMENDED IN SENATE APRIL 1, 2013 INTRODUCED BY Senator Block FEBRUARY 20, 2013 An act to  add Section 4629.6 to   amend Section 4622 of  the Welfare and Institutions Code, relating to developmental services. LEGISLATIVE COUNSEL'S DIGEST SB 367, as amended, Block. Developmental services: regional centers: cultural and linguistic competency. Under existing law, the Lanterman Developmental Disabilities Services Act, the State Department of Developmental Services is  authorized   required  to contract with regional centers to provide support and services to individuals with developmental disabilities. Existing law requires the governing board of the regional center to satisfy specified requirements, including annually reviewing the performance of the director of the regional center  , and providing necessary training and support to board members  .  This bill would require each regional center's governing board, as a condition of its contract, to require the regional center's executive director, or his or her designee, to provide an annual report on the regional center's efforts to address issues of inequity in access to services that includes specified information, including a description of the utilization of various regional center services, broken down annually by ethnic and other demographic data. The bill would require that the governing board require the regional center to post information related to the annual report on its Internet Web site, when possible.   This bill would require that this training and support include issues relating to linguistic and cultural competency, and would require each regional center to post on its Internet Web site information regarding the training and support provided. The bill would require the performance review of the director to include an evaluation of the director's performance in providing regional center services that are linguistically and culturally appropriate.  Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   Section 4622 of the   Welfare and Institutions Code  is amended to read:  4622. The state shall contract only with agencies, the governing boards of which conform to all of the following criteria: (a) The governing board shall be composed of individuals with demonstrated interest in, or knowledge of, developmental disabilities. (b) The membership of the governing board shall include persons with legal, management, public relations, and developmental disability program skills. (c) The membership of the governing board shall include representatives of the various categories of disability to be served by the regional center. (d) The governing board shall reflect the geographic and ethnic characteristics of the area to be served by the regional center. (e) A minimum of 50 percent of the members of the governing board shall be persons with developmental disabilities or their parents or legal guardians. No less than 25 percent of the members of the governing board shall be persons with developmental disabilities. (f) Members of the governing board shall not be permitted to serve more than seven years within each eight-year period. (g)  (1)    The regional center shall provide necessary training and support to these board members to facilitate their understanding and participation  , including issues relating to linguistic and cultural competency  .  As   (2)     As  part of its monitoring responsibility, the department shall review and approve the method by which training and support are provided to board members to ensure maximum understanding and participation by board members.  (3) Each regional center shall post on its Internet Web site information regarding the training and support provided to board members.  (h) The governing board may appoint a consumers' advisory committee composed of persons with developmental disabilities representing the various categories of disability served by the regional center. (i) The governing board shall appoint an advisory committee composed of a wide variety of persons representing the various categories of providers from which the regional center purchases client services. The advisory committee shall provide advice, guidance, recommendations, and technical assistance to the regional center board in order to assist the regional center in carrying out its mandated functions. The advisory committee shall designate one of its members to serve as a member of the regional center board. (j) The governing board shall annually review the performance of the director of the regional center.  This performance review shall include an evaluation of the director's performance in providing regional center services that are linguistically and culturally appropriate.  (k) No member of the board who is an employee or member of the governing board of a provider from which the regional center purchases client services shall do any of the following: (1) Serve as an officer of the board. (2) Vote on any fiscal matter affecting the purchase of services from any regional center provider. (3) Vote on any issue other than as described in paragraph (2), in which the member has a financial interest, as defined in Section 87103 of the Government Code, and determined by the regional center board. The member shall provide a list of his or her financial interests, as defined in Section 87103, to the regional center board. Nothing in this section shall prevent the appointment to a regional center governing board of a person who meets the criteria for more than one of the categories listed above.  This section shall become operative on July 1, 1999.   SECTION 1.   It is the intent of the Legislature to enact legislation that would provide that the State Department of Developmental Services require regional centers to address issues of cultural and linguistic competency.   SEC. 2.   Section 4629.6 is added to the Welfare and Institutions Code, to read: 4629.6. As a condition of its contract, each regional center's governing board shall do the following: (a) Require the regional center's executive director, or his or her designee, to provide an annual report on the regional center's efforts to address issues of inequity in access to services, including, but not limited to, the following: (1) A description of the utilization of various regional center services, broken down annually by ethnic and other demographic data. (2) Identification of barriers to services. (3) A description of specific steps toward progress made in identifying and providing services to underserved populations within the prior year, including identifying innovative practices by the regional center or its contracted community-based organizations. (4) A description of efforts made to build partnerships between community-based providers of other services for regional center consumers who are in underserved communities. (b) Require the regional center to post information related to the annual report on its Internet Web site, when possible.