| 1 | 1 | | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 471Introduced by Senator MenjivarFebruary 19, 2025 An act to amend Section 4685.9 of, and to add Chapter 1.4 (commencing with Section 4506) to Division 4.5 of, the Welfare and Institutions Code, relating to developmental services. LEGISLATIVE COUNSEL'S DIGESTSB 471, as introduced, Menjivar. Office of the Lanterman Ombudsperson.Existing law, the Lanterman Developmental Disabilities Services Act, requires the State Department of Developmental Services to contract with regional centers to provide services and supports to individuals with developmental disabilities and their families. Existing law requires the department to establish an Office of the Self-Determination Program Ombudsperson to be headed by an individual to be known as the Self-Determination Program Ombudsperson, who is appointed by the Director of Developmental Services. Existing law requires the office to be an independent and autonomous entity within the department and prescribes specified duties and rights of the office, including recommending to the department strategies for change and improvement of the program.This bill would establish the Office of the Lanterman Ombudsperson as an autonomous entity within the department for the purpose of providing individuals with intellectual and developmental disabilities who are consumers of developmental services with a means to resolve issues related to their care, placement, or services. The bill would set forth the duties of the Office of the Lanterman Ombudsperson, including, among other things, disseminating information and providing training and technical assistance, and receiving and possibly investigating complains made by or on behalf of consumers of developmental services. The bill would clarify that the Office of the Self-Determination Ombudsperson is a separate office, but would also require the Lanterman Ombudsperson to oversee the Office of the Self-Determination Ombudsperson.Existing law provides that, except as otherwise provided by statute, all relevant evidence is admissible. The California Constitution provides for the Right to Truth-In-Evidence, which requires a 2/3 vote of the Legislature to exclude any relevant evidence from any criminal proceeding, as specified.This bill would prohibit the ombudsperson or their staff from being compelled to testify or be deposed, or to disclose specified records, in a judicial or administrative proceeding. Because this prohibition would affect the admissibility of relevant evidence in criminal proceedings, the bill would require a vote of the Legislature.Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.This bill would make legislative findings to that effect.Digest Key Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Chapter 1.4 (commencing with Section 4506) is added to Division 4.5 of the Welfare and Institutions Code, to read: CHAPTER 1.4. Office of the Lanterman Ombudsperson4506. The Legislature finds and declares that the people of California have benefited from the establishment of a long-term care ombudsperson pursuant to Section 9710, a foster care ombudsperson pursuant to Section 16161 and a Self- Determination Program Ombudsperson pursuant to Section 4685.9. The Legislature further finds it is essential to maintain the nonpartisan nature, integrity, and impartiality of ombudsperson functions and services. It is the intent of the Legislature to provide similar protections for consumers of developmental services by establishing an Office of the Lanterman Ombudsperson within the State Department of Developmental Services.4506.1. (a) The Office of the Lanterman Ombudsperson shall be established as an autonomous entity within the department for the purpose of providing individuals with intellectual and developmental disabilities who are consumers of developmental services with a means to resolve issues related to their care, placement, or services.(b) The Office of the Self-Determination Ombudsperson established in Section 4685.9 shall be a separate office. The Lanterman Ombudsperson shall oversee the Office of the Self-Determination Ombudsperson.(c) For purposes of this chapter, consumers of developmental services includes all of the following:(1) Individuals who receive services through a regional center under this division, including individuals who are in the intake process, are pending assessment, or have reached out to regional centers for information about eligibility.(2) Individuals who are participating in the early start program under Title 14 (commencing with Section 95000) of the Government Code, including individuals who are in the intake process, pending assessment, or have reached out to regional centers for information about eligibility.(3) Individuals who are determined to be eligible for regional center services under this division, but are not receiving services from a regional center.4506.2. (a) The Director of Developmental Services, in consultation with, and after receiving a list of possible nominees from, a committee of at least five interested individuals that are described in this subdivision, and after obtaining the committees input, shall appoint an ombudsperson who is qualified by training and experience to perform the duties of the office for a term of four years. The director may reappoint the ombudsperson for consecutive terms. The director shall select the committee members, the majority of whom shall be representatives of advocacy organizations and consumers or family members.(b) The ombudsperson shall, in the performance of their duties during the duration of their appointment, be independent, and the exercise of their discretion related to the duties and powers set forth in this chapter shall not be controlled, supervised, or directed, directly or indirectly, by the director or any other official. The ombudsperson shall devote their entire time to the duties and powers set forth in this chapter and may not be removed from office for exercising their independence and discretion in furtherance of those duties and powers.(c) If the term of an ombudsperson expires without the appointment of a successor under this chapter, the incumbent ombudsperson may continue in office until a successor is appointed. If the ombudsperson dies, resigns, becomes ineligible to serve, or is removed or suspended from office, the director shall designate an acting ombudsperson until the ombudsperson is appointed. The director shall appoint a new ombudsperson pursuant to this section within the nine months from the date the office became vacant. The acting ombudsperson shall not remain in office longer than nine months before a new ombudsperson is appointed pursuant to this section.4506.3. The department shall hire the necessary personnel to perform the functions of the office. Priority in hiring decisions shall be given to individuals with lived experience with the developmental services system, including, but not limited to, individuals with developmental disabilities.4506.4. (a) The Office of the Lanterman Ombudsperson shall do all of the following:(1) (A) Disseminate information and provide training and technical assistance to consumers of developmental services, family members, regional center staff, tribes, advocacy groups, consumer and service provider organizations, and other interested parties on the rights of persons with developmental disabilities and services provided by the office. The information shall include methods of contacting the office and notification that conversations with the office may be disclosed to other persons, as necessary, to adequately investigate and resolve a complaint. The information and training shall include information about the rights of persons with developmental disabilities under this division, including the rights specified in Chapter 1.3 (commencing with Section 4502) and the Self-Determination Program under Section 4685.8.(B) Commencing on January, 1, 2028, at the end of every two-year legislative session, review amendments to the laws applicable to consumers of developmental services and determine whether updates to the rights should be recommended in the compilation prepared pursuant to paragraph (7). The office shall update the standardized information prepared pursuant to paragraph (1) of subdivision (e), and any training materials prepared pursuant to subparagraph (A), in accordance with the legislative review.(2) Receive complaints made by or on behalf of consumers of developmental services, related to their care, placement, or services.(3) Decide, in its discretion, whether to investigate a complaint, or refer complaints to another agency for investigation. After rendering a decision to investigate a complaint, attempt to resolve the complaint without using a judicial or administrative proceeding, including attempting to facilitate solutions to disagreements about eligibility and services.(4) Upon rendering a decision to investigate a complaint from a complainant, notify the complainant of the intention to investigate. If the office declines to investigate a complaint or continue an investigation, the office shall notify the complainant of the reason for the action of the office.(5) Update the complainant on the progress of the investigation and the attempts to resolve the complaint, and notify the complainant of the final outcome.(6) Document the number, source, origin, location, and nature of complaints.(7) (A) Compile and make available to the Legislature all data collected over the course of the year, including, but not limited to, the number of contacts to the office, the number of complaints made, including the type and source of those complaints, the number of investigations performed by the office, the trends and issues that arose in the course of investigating complaints, the number of referrals made, the number of pending complaints. The office shall include recommendations consistent with this data for improving the developmental services system.(B) Present this compiled data, on an annual basis, at appropriate conferences, forums, and other events, as determined by the department, that may include presentations to, but are not limited to, representatives of the Legislature, the Association of Regional Center Agencies, the State Council on Developmental Disabilities, tribes, developmental services organizations, advocacy groups, consumer and service provider organizations, and other interested parties.(C) It is the intent of the Legislature that representatives of the organizations described in subparagraph (B) consider this data in the development of any recommendations offered toward improving the developmental services system.(D) The compiled data shall be posted so that it is available to the public on the existing internet website of the office.(E) Nothing shall preclude the office from issuing data, findings, or reports other than the annual compilation of data described in this paragraph.(8) Have access to copies of any record of a state agency, local agency, or regional center, and contractors or vendors with the state agency, local agencies, and regional centers that is necessary to carry out their responsibilities, and may meet or communicate with any consumer in their placement or elsewhere.(b) The office may establish, in consultation with a committee of interested individuals, regional or local Lanterman ombudsperson offices for the purposes of expediting investigations and resolving complaints, subject to appropriations in the annual Budget Act.(c) (1) Information obtained by the office from a complaint, regardless of whether it is investigated by the office, referred to another entity for investigation, or determined not to be the proper subject of an investigation, shall remain confidential under relevant state and federal confidentiality laws. Disclosure of information that is not confidential under state and federal confidentiality laws shall occur only as necessary to carry out the mission of the office, including as necessary to provide explanation and support for the offices recommendations for improving the developmental services system to the Legislature and state and local agencies that provide services and supports to consumers of regional center services.(2) The ombudsperson shall maintain confidentiality with respect to the identities of the complainants or witnesses coming before them, except insofar as disclosure may be necessary to enable the ombudsperson to carry out the duties of the office set forth in paragraphs (2) to (5), inclusive, of subdivision (a). The ombudsperson may not disclose a record that is confidential under relevant state and federal confidentiality laws.(3) If a consumer is represented by a conservator, legal guardian, or counsel, the office may notify the conservator, legal guardian, or counsel of a complaint in order for those entities to satisfy their obligations specified in this division. Notifying these entities of an investigation shall not limit the ombudspersons ability to investigate or resolve a complaint or take any other action authorized by this section. If appropriate, the office may also share the outcome of any investigation performed by the office with the consumers conservator, legal guardian, or counsel.(d) The office shall provide administrative and technical assistance to regional or local Lanterman ombudspersons offices, including, but not limited to, assistance in developing policies and procedures consistent with the policies and procedures used by the office.(e) (1) The office, in consultation with the Association of Regional Center Agencies, the State Council on Developmental Disabilities, tribes located in the state, consumer advocates, provider organizations, and other interested parties, shall develop standardized information explaining the rights specified in Section 4502. The information shall be developed in an accessible manner, and shall reflect any relevant licensing requirements with respect to providers responsibilities to adequately provide care for consumers of developmental services.(2) The office, regional centers, service providers, vendors, and others shall use the information developed in paragraph (1) in carrying out their responsibilities to inform consumers, or if appropriate, their parents, legal guardians, conservator, or authorized representative, of their rights pursuant to Section 4502.(3) The office shall measure the distribution of the standardized materials for purposes of evaluating and improving the degree to which consumers of developmental services are adequately informed of their rights. This data shall be included in the compilation prepared pursuant to paragraph (7) of subdivision (a).4506.5. As part of the offices efforts to resolve complaints related to the developmental services system, the ombudsperson may do all of the following:(a) Establish policies and procedures for receiving and processing complaints, conducting investigations, and reporting findings.(b) Develop and maintain a page on the departments internet website with information about the office, how to access the office, including via an online portal to submit questions and complaints, general information about this division and regional centers, and links to relevant materials.(c) Conduct whatever investigation reasonably related to the complaint and to developmental services that the ombudsperson deems necessary, including, but not limited to, both of the following:(1) Access to, and inspection of, premises within the control of a state agency, local agency, or a regional center, or a contractor or vendor with a state agency, local agency, or regional center, and access to, and inspection of, a licensed or approved residential facility, at any time, with or without prior notice, for the purpose of carrying out the duties of the office. The ombudsperson shall be granted access to records and residents at all times for the purpose of carrying out the duties of the office.(A) For purposes of this section, access means the right to do all of the following:(i) Enter any licensed or approved developmental services residential facility, upon providing identification. A private home may be entered only with consent of the consumer or their legal representative.(ii) Communicate privately and without restriction with any resident, caregiver, staff, personnel, or volunteer.(iii) Review and copy any consumer record or caregiver file.(iv) Observe all resident and staff areas of a facility.(v) Review and reproduce administrative records, policies, and documents of any licensed or approved developmental services care facility.(vi) Review and copy all licensing records maintained by the state, county, or agency, and review and reproduce any records of a state, county, or local agency and their contractors, except sealed court records, which may be obtained only by subpoena or other lawful court order.(vii) Interview all relevant witnesses.(B) For purposes of this section, record means a document, paper, memorandum, book, letter, file, drawing, map, plat, photo, photographic file, motion picture, film, microfilm, microphotograph, exhibit, magnetic or paper tape, punched card, or other item developed or received under law or in connection with the transaction of official business, but does not include material that is protected by privilege.(2) Observe proceedings and attend hearings, consistent with this division.(d) Attempt to resolve the complaint.(e) Submit a written plan to the relevant state agency, local agency, or regional center, or a contractor or vendor with the state agency, local agency, or regional center, recommending a course of action to resolve the complaint. If the ombudsperson makes a written recommendation, the state agency, regional center, or vendor or contractor, shall submit a written response to the ombudsperson within 30 calendar days.4506.6. In order to encourage candor during the ombudspersons investigation of complaints made by or on behalf of a consumer of developmental services and to facilitate the ombudspersons ability to resolve complaints, all of the following shall apply:(a) The ombudsperson and staff of the ombudsperson shall not be compelled to testify or be deposed in a judicial or administrative proceeding regarding matters coming to their attention in the exercise of their official duties, except as may be necessary to enforce or implement this chapter.(b) The records of the ombudsperson and the staff of the ombudsperson, including notes, drafts, and records obtained from an individual or agency during the intake, review, or investigation of a complaint, and any reports not released to the public shall not be subject to disclosure or production in response to a subpoena or discovery in a judicial or administrative proceeding, except as necessary to enforce or implement the provisions of this chapter.(c) When exercising the investigative, complaint resolution, and technical assistance functions of the Office of the Lanterman Ombudsperson, the ombudsperson and staff of the ombudsperson shall have all immunities under Article 2 (commencing with Section 815) of Chapter 1 of Part 2 of Division 3.6 of Title 1 of the Government Code afforded to the discharge of discretionary duties by public entities and their employees.(d) If the ombudsperson believes, based on information received during the exercise of their official duties, that there is a breach of duty or misconduct by an employee of a state agency, local agency, regional center, or their contractors or vendors, in the conduct of the employees official duties, the ombudsperson shall refer the matter to the regional center or vendors director, or other responsible officer, and if the conduct would constitute a crime, to an appropriate law enforcement body or agency. 4506.7. (a) The office shall establish a toll-free number.(b) Regional center case managers shall provide consumers, and, if appropriate, their parents, legal guardians, conservator or authorized representative, with the toll-free telephone number for the office and verbal or written information regarding the existence and purpose of the office during the annual individualized program plan or individual family service plan meetings.SEC. 2. Section 4685.9 of the Welfare and Institutions Code is amended to read:4685.9. (a) The department shall establish an Office of the Self-Determination Program Ombudsperson. This office shall be overseen by the Lanterman Ombudsperson described in Section 4506.1.(b) The Office of the Self-Determination Program Ombudsperson shall be headed by an individual, to be known as the Self-Determination Program Ombudsperson. As soon as is practicable, the Director of the Department of Developmental Services shall appoint an ombudsperson qualified by training and experience to perform the duties of the office for a term of four years. The director may reappoint the ombudsperson for consecutive terms. The director shall appoint an ombudsperson using the process specified in 4506.2. The ombudsperson shall report to the Lanterman Ombudsperson.(c) The office shall be an independent and autonomous entity within the department for the purpose of monitoring the implementation of Section 4685.8 and to assist regional center clients and Self-Determination Program consumers and their families to participate fully in the Self-Determination Program Program, as authorized pursuant to Section 4685.8(d) The office shall have all of the following rights and duties: rights, authority, responsibilities, and duties conveyed to the Lanterman Ombudsperson specified in Chapter 1.4 (commencing with Section 4506) for matters pertaining to the Self-Determination Program. To the degree that it is practicable, the required reports, notices, outreach, and other duties of the office may be done in conjunction with the activities of the Lanterman Ombudsperson.(1)Providing information and assisting regional center consumers and their families in understanding their rights under the Self-Determination Program, including the process, goals, and objectives of the program and facilitating solutions to disagreements regarding eligibility and services.(2)Deciding whether to investigate complaints regarding the implementation of the Self-Determination Program, and recommending to the department strategies for change and improvement of the Self-Determination Program. Disclosure of information shall occur only as necessary to carry out the mission of the office and as permitted by law.(3)Annually compiling and reporting to the appropriate policy and fiscal committees of the Legislature relevant data collected over the course of the year, including, but not limited to, the number of contacts to the office, the number of complaints made, including the type of those complaints, the number of investigations performed by the office, the trends and issues that arose in the course of investigating complaints, the number of referrals made, and the number of pending complaints.(4)Recommending to the department and the Legislature changes to, including, but not limited to, relevant laws, regulations, policies, and actions that it determines to be appropriate and provide and facilitate public comment on, including, but not limited to, relevant laws, regulations, policies, and actions.(5)Establishing a dedicated telephone number at which regional center consumers and other stakeholders may contact the office.(e)The department shall include, on the portion of its internet website dedicated to the Self-Determination Program, a link to the internet website of the office.SEC. 3. The Legislature finds and declares that Section 1 of this act, which adds Section 4506.5 to the Welfare and Institutions Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:In order to protect the confidentiality of consumers of developmental services, it is necessary to maintain the confidentiality of the records described in Section 4506.5. |
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| 3 | 3 | | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 471Introduced by Senator MenjivarFebruary 19, 2025 An act to amend Section 4685.9 of, and to add Chapter 1.4 (commencing with Section 4506) to Division 4.5 of, the Welfare and Institutions Code, relating to developmental services. LEGISLATIVE COUNSEL'S DIGESTSB 471, as introduced, Menjivar. Office of the Lanterman Ombudsperson.Existing law, the Lanterman Developmental Disabilities Services Act, requires the State Department of Developmental Services to contract with regional centers to provide services and supports to individuals with developmental disabilities and their families. Existing law requires the department to establish an Office of the Self-Determination Program Ombudsperson to be headed by an individual to be known as the Self-Determination Program Ombudsperson, who is appointed by the Director of Developmental Services. Existing law requires the office to be an independent and autonomous entity within the department and prescribes specified duties and rights of the office, including recommending to the department strategies for change and improvement of the program.This bill would establish the Office of the Lanterman Ombudsperson as an autonomous entity within the department for the purpose of providing individuals with intellectual and developmental disabilities who are consumers of developmental services with a means to resolve issues related to their care, placement, or services. The bill would set forth the duties of the Office of the Lanterman Ombudsperson, including, among other things, disseminating information and providing training and technical assistance, and receiving and possibly investigating complains made by or on behalf of consumers of developmental services. The bill would clarify that the Office of the Self-Determination Ombudsperson is a separate office, but would also require the Lanterman Ombudsperson to oversee the Office of the Self-Determination Ombudsperson.Existing law provides that, except as otherwise provided by statute, all relevant evidence is admissible. The California Constitution provides for the Right to Truth-In-Evidence, which requires a 2/3 vote of the Legislature to exclude any relevant evidence from any criminal proceeding, as specified.This bill would prohibit the ombudsperson or their staff from being compelled to testify or be deposed, or to disclose specified records, in a judicial or administrative proceeding. Because this prohibition would affect the admissibility of relevant evidence in criminal proceedings, the bill would require a vote of the Legislature.Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.This bill would make legislative findings to that effect.Digest Key Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program: NO |
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| 9 | 9 | | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION |
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| 11 | 11 | | Senate Bill |
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| 13 | 13 | | No. 471 |
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| 15 | 15 | | Introduced by Senator MenjivarFebruary 19, 2025 |
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| 17 | 17 | | Introduced by Senator Menjivar |
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| 18 | 18 | | February 19, 2025 |
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| 20 | 20 | | An act to amend Section 4685.9 of, and to add Chapter 1.4 (commencing with Section 4506) to Division 4.5 of, the Welfare and Institutions Code, relating to developmental services. |
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| 22 | 22 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 24 | 24 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 26 | 26 | | SB 471, as introduced, Menjivar. Office of the Lanterman Ombudsperson. |
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| 28 | 28 | | Existing law, the Lanterman Developmental Disabilities Services Act, requires the State Department of Developmental Services to contract with regional centers to provide services and supports to individuals with developmental disabilities and their families. Existing law requires the department to establish an Office of the Self-Determination Program Ombudsperson to be headed by an individual to be known as the Self-Determination Program Ombudsperson, who is appointed by the Director of Developmental Services. Existing law requires the office to be an independent and autonomous entity within the department and prescribes specified duties and rights of the office, including recommending to the department strategies for change and improvement of the program.This bill would establish the Office of the Lanterman Ombudsperson as an autonomous entity within the department for the purpose of providing individuals with intellectual and developmental disabilities who are consumers of developmental services with a means to resolve issues related to their care, placement, or services. The bill would set forth the duties of the Office of the Lanterman Ombudsperson, including, among other things, disseminating information and providing training and technical assistance, and receiving and possibly investigating complains made by or on behalf of consumers of developmental services. The bill would clarify that the Office of the Self-Determination Ombudsperson is a separate office, but would also require the Lanterman Ombudsperson to oversee the Office of the Self-Determination Ombudsperson.Existing law provides that, except as otherwise provided by statute, all relevant evidence is admissible. The California Constitution provides for the Right to Truth-In-Evidence, which requires a 2/3 vote of the Legislature to exclude any relevant evidence from any criminal proceeding, as specified.This bill would prohibit the ombudsperson or their staff from being compelled to testify or be deposed, or to disclose specified records, in a judicial or administrative proceeding. Because this prohibition would affect the admissibility of relevant evidence in criminal proceedings, the bill would require a vote of the Legislature.Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.This bill would make legislative findings to that effect. |
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| 30 | 30 | | Existing law, the Lanterman Developmental Disabilities Services Act, requires the State Department of Developmental Services to contract with regional centers to provide services and supports to individuals with developmental disabilities and their families. Existing law requires the department to establish an Office of the Self-Determination Program Ombudsperson to be headed by an individual to be known as the Self-Determination Program Ombudsperson, who is appointed by the Director of Developmental Services. Existing law requires the office to be an independent and autonomous entity within the department and prescribes specified duties and rights of the office, including recommending to the department strategies for change and improvement of the program. |
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| 32 | 32 | | This bill would establish the Office of the Lanterman Ombudsperson as an autonomous entity within the department for the purpose of providing individuals with intellectual and developmental disabilities who are consumers of developmental services with a means to resolve issues related to their care, placement, or services. The bill would set forth the duties of the Office of the Lanterman Ombudsperson, including, among other things, disseminating information and providing training and technical assistance, and receiving and possibly investigating complains made by or on behalf of consumers of developmental services. The bill would clarify that the Office of the Self-Determination Ombudsperson is a separate office, but would also require the Lanterman Ombudsperson to oversee the Office of the Self-Determination Ombudsperson. |
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| 34 | 34 | | Existing law provides that, except as otherwise provided by statute, all relevant evidence is admissible. The California Constitution provides for the Right to Truth-In-Evidence, which requires a 2/3 vote of the Legislature to exclude any relevant evidence from any criminal proceeding, as specified. |
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| 36 | 36 | | This bill would prohibit the ombudsperson or their staff from being compelled to testify or be deposed, or to disclose specified records, in a judicial or administrative proceeding. Because this prohibition would affect the admissibility of relevant evidence in criminal proceedings, the bill would require a vote of the Legislature. |
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| 38 | 38 | | Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. |
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| 40 | 40 | | This bill would make legislative findings to that effect. |
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| 42 | 42 | | ## Digest Key |
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| 44 | 44 | | ## Bill Text |
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| 46 | 46 | | The people of the State of California do enact as follows:SECTION 1. Chapter 1.4 (commencing with Section 4506) is added to Division 4.5 of the Welfare and Institutions Code, to read: CHAPTER 1.4. Office of the Lanterman Ombudsperson4506. The Legislature finds and declares that the people of California have benefited from the establishment of a long-term care ombudsperson pursuant to Section 9710, a foster care ombudsperson pursuant to Section 16161 and a Self- Determination Program Ombudsperson pursuant to Section 4685.9. The Legislature further finds it is essential to maintain the nonpartisan nature, integrity, and impartiality of ombudsperson functions and services. It is the intent of the Legislature to provide similar protections for consumers of developmental services by establishing an Office of the Lanterman Ombudsperson within the State Department of Developmental Services.4506.1. (a) The Office of the Lanterman Ombudsperson shall be established as an autonomous entity within the department for the purpose of providing individuals with intellectual and developmental disabilities who are consumers of developmental services with a means to resolve issues related to their care, placement, or services.(b) The Office of the Self-Determination Ombudsperson established in Section 4685.9 shall be a separate office. The Lanterman Ombudsperson shall oversee the Office of the Self-Determination Ombudsperson.(c) For purposes of this chapter, consumers of developmental services includes all of the following:(1) Individuals who receive services through a regional center under this division, including individuals who are in the intake process, are pending assessment, or have reached out to regional centers for information about eligibility.(2) Individuals who are participating in the early start program under Title 14 (commencing with Section 95000) of the Government Code, including individuals who are in the intake process, pending assessment, or have reached out to regional centers for information about eligibility.(3) Individuals who are determined to be eligible for regional center services under this division, but are not receiving services from a regional center.4506.2. (a) The Director of Developmental Services, in consultation with, and after receiving a list of possible nominees from, a committee of at least five interested individuals that are described in this subdivision, and after obtaining the committees input, shall appoint an ombudsperson who is qualified by training and experience to perform the duties of the office for a term of four years. The director may reappoint the ombudsperson for consecutive terms. The director shall select the committee members, the majority of whom shall be representatives of advocacy organizations and consumers or family members.(b) The ombudsperson shall, in the performance of their duties during the duration of their appointment, be independent, and the exercise of their discretion related to the duties and powers set forth in this chapter shall not be controlled, supervised, or directed, directly or indirectly, by the director or any other official. The ombudsperson shall devote their entire time to the duties and powers set forth in this chapter and may not be removed from office for exercising their independence and discretion in furtherance of those duties and powers.(c) If the term of an ombudsperson expires without the appointment of a successor under this chapter, the incumbent ombudsperson may continue in office until a successor is appointed. If the ombudsperson dies, resigns, becomes ineligible to serve, or is removed or suspended from office, the director shall designate an acting ombudsperson until the ombudsperson is appointed. The director shall appoint a new ombudsperson pursuant to this section within the nine months from the date the office became vacant. The acting ombudsperson shall not remain in office longer than nine months before a new ombudsperson is appointed pursuant to this section.4506.3. The department shall hire the necessary personnel to perform the functions of the office. Priority in hiring decisions shall be given to individuals with lived experience with the developmental services system, including, but not limited to, individuals with developmental disabilities.4506.4. (a) The Office of the Lanterman Ombudsperson shall do all of the following:(1) (A) Disseminate information and provide training and technical assistance to consumers of developmental services, family members, regional center staff, tribes, advocacy groups, consumer and service provider organizations, and other interested parties on the rights of persons with developmental disabilities and services provided by the office. The information shall include methods of contacting the office and notification that conversations with the office may be disclosed to other persons, as necessary, to adequately investigate and resolve a complaint. The information and training shall include information about the rights of persons with developmental disabilities under this division, including the rights specified in Chapter 1.3 (commencing with Section 4502) and the Self-Determination Program under Section 4685.8.(B) Commencing on January, 1, 2028, at the end of every two-year legislative session, review amendments to the laws applicable to consumers of developmental services and determine whether updates to the rights should be recommended in the compilation prepared pursuant to paragraph (7). The office shall update the standardized information prepared pursuant to paragraph (1) of subdivision (e), and any training materials prepared pursuant to subparagraph (A), in accordance with the legislative review.(2) Receive complaints made by or on behalf of consumers of developmental services, related to their care, placement, or services.(3) Decide, in its discretion, whether to investigate a complaint, or refer complaints to another agency for investigation. After rendering a decision to investigate a complaint, attempt to resolve the complaint without using a judicial or administrative proceeding, including attempting to facilitate solutions to disagreements about eligibility and services.(4) Upon rendering a decision to investigate a complaint from a complainant, notify the complainant of the intention to investigate. If the office declines to investigate a complaint or continue an investigation, the office shall notify the complainant of the reason for the action of the office.(5) Update the complainant on the progress of the investigation and the attempts to resolve the complaint, and notify the complainant of the final outcome.(6) Document the number, source, origin, location, and nature of complaints.(7) (A) Compile and make available to the Legislature all data collected over the course of the year, including, but not limited to, the number of contacts to the office, the number of complaints made, including the type and source of those complaints, the number of investigations performed by the office, the trends and issues that arose in the course of investigating complaints, the number of referrals made, the number of pending complaints. The office shall include recommendations consistent with this data for improving the developmental services system.(B) Present this compiled data, on an annual basis, at appropriate conferences, forums, and other events, as determined by the department, that may include presentations to, but are not limited to, representatives of the Legislature, the Association of Regional Center Agencies, the State Council on Developmental Disabilities, tribes, developmental services organizations, advocacy groups, consumer and service provider organizations, and other interested parties.(C) It is the intent of the Legislature that representatives of the organizations described in subparagraph (B) consider this data in the development of any recommendations offered toward improving the developmental services system.(D) The compiled data shall be posted so that it is available to the public on the existing internet website of the office.(E) Nothing shall preclude the office from issuing data, findings, or reports other than the annual compilation of data described in this paragraph.(8) Have access to copies of any record of a state agency, local agency, or regional center, and contractors or vendors with the state agency, local agencies, and regional centers that is necessary to carry out their responsibilities, and may meet or communicate with any consumer in their placement or elsewhere.(b) The office may establish, in consultation with a committee of interested individuals, regional or local Lanterman ombudsperson offices for the purposes of expediting investigations and resolving complaints, subject to appropriations in the annual Budget Act.(c) (1) Information obtained by the office from a complaint, regardless of whether it is investigated by the office, referred to another entity for investigation, or determined not to be the proper subject of an investigation, shall remain confidential under relevant state and federal confidentiality laws. Disclosure of information that is not confidential under state and federal confidentiality laws shall occur only as necessary to carry out the mission of the office, including as necessary to provide explanation and support for the offices recommendations for improving the developmental services system to the Legislature and state and local agencies that provide services and supports to consumers of regional center services.(2) The ombudsperson shall maintain confidentiality with respect to the identities of the complainants or witnesses coming before them, except insofar as disclosure may be necessary to enable the ombudsperson to carry out the duties of the office set forth in paragraphs (2) to (5), inclusive, of subdivision (a). The ombudsperson may not disclose a record that is confidential under relevant state and federal confidentiality laws.(3) If a consumer is represented by a conservator, legal guardian, or counsel, the office may notify the conservator, legal guardian, or counsel of a complaint in order for those entities to satisfy their obligations specified in this division. Notifying these entities of an investigation shall not limit the ombudspersons ability to investigate or resolve a complaint or take any other action authorized by this section. If appropriate, the office may also share the outcome of any investigation performed by the office with the consumers conservator, legal guardian, or counsel.(d) The office shall provide administrative and technical assistance to regional or local Lanterman ombudspersons offices, including, but not limited to, assistance in developing policies and procedures consistent with the policies and procedures used by the office.(e) (1) The office, in consultation with the Association of Regional Center Agencies, the State Council on Developmental Disabilities, tribes located in the state, consumer advocates, provider organizations, and other interested parties, shall develop standardized information explaining the rights specified in Section 4502. The information shall be developed in an accessible manner, and shall reflect any relevant licensing requirements with respect to providers responsibilities to adequately provide care for consumers of developmental services.(2) The office, regional centers, service providers, vendors, and others shall use the information developed in paragraph (1) in carrying out their responsibilities to inform consumers, or if appropriate, their parents, legal guardians, conservator, or authorized representative, of their rights pursuant to Section 4502.(3) The office shall measure the distribution of the standardized materials for purposes of evaluating and improving the degree to which consumers of developmental services are adequately informed of their rights. This data shall be included in the compilation prepared pursuant to paragraph (7) of subdivision (a).4506.5. As part of the offices efforts to resolve complaints related to the developmental services system, the ombudsperson may do all of the following:(a) Establish policies and procedures for receiving and processing complaints, conducting investigations, and reporting findings.(b) Develop and maintain a page on the departments internet website with information about the office, how to access the office, including via an online portal to submit questions and complaints, general information about this division and regional centers, and links to relevant materials.(c) Conduct whatever investigation reasonably related to the complaint and to developmental services that the ombudsperson deems necessary, including, but not limited to, both of the following:(1) Access to, and inspection of, premises within the control of a state agency, local agency, or a regional center, or a contractor or vendor with a state agency, local agency, or regional center, and access to, and inspection of, a licensed or approved residential facility, at any time, with or without prior notice, for the purpose of carrying out the duties of the office. The ombudsperson shall be granted access to records and residents at all times for the purpose of carrying out the duties of the office.(A) For purposes of this section, access means the right to do all of the following:(i) Enter any licensed or approved developmental services residential facility, upon providing identification. A private home may be entered only with consent of the consumer or their legal representative.(ii) Communicate privately and without restriction with any resident, caregiver, staff, personnel, or volunteer.(iii) Review and copy any consumer record or caregiver file.(iv) Observe all resident and staff areas of a facility.(v) Review and reproduce administrative records, policies, and documents of any licensed or approved developmental services care facility.(vi) Review and copy all licensing records maintained by the state, county, or agency, and review and reproduce any records of a state, county, or local agency and their contractors, except sealed court records, which may be obtained only by subpoena or other lawful court order.(vii) Interview all relevant witnesses.(B) For purposes of this section, record means a document, paper, memorandum, book, letter, file, drawing, map, plat, photo, photographic file, motion picture, film, microfilm, microphotograph, exhibit, magnetic or paper tape, punched card, or other item developed or received under law or in connection with the transaction of official business, but does not include material that is protected by privilege.(2) Observe proceedings and attend hearings, consistent with this division.(d) Attempt to resolve the complaint.(e) Submit a written plan to the relevant state agency, local agency, or regional center, or a contractor or vendor with the state agency, local agency, or regional center, recommending a course of action to resolve the complaint. If the ombudsperson makes a written recommendation, the state agency, regional center, or vendor or contractor, shall submit a written response to the ombudsperson within 30 calendar days.4506.6. In order to encourage candor during the ombudspersons investigation of complaints made by or on behalf of a consumer of developmental services and to facilitate the ombudspersons ability to resolve complaints, all of the following shall apply:(a) The ombudsperson and staff of the ombudsperson shall not be compelled to testify or be deposed in a judicial or administrative proceeding regarding matters coming to their attention in the exercise of their official duties, except as may be necessary to enforce or implement this chapter.(b) The records of the ombudsperson and the staff of the ombudsperson, including notes, drafts, and records obtained from an individual or agency during the intake, review, or investigation of a complaint, and any reports not released to the public shall not be subject to disclosure or production in response to a subpoena or discovery in a judicial or administrative proceeding, except as necessary to enforce or implement the provisions of this chapter.(c) When exercising the investigative, complaint resolution, and technical assistance functions of the Office of the Lanterman Ombudsperson, the ombudsperson and staff of the ombudsperson shall have all immunities under Article 2 (commencing with Section 815) of Chapter 1 of Part 2 of Division 3.6 of Title 1 of the Government Code afforded to the discharge of discretionary duties by public entities and their employees.(d) If the ombudsperson believes, based on information received during the exercise of their official duties, that there is a breach of duty or misconduct by an employee of a state agency, local agency, regional center, or their contractors or vendors, in the conduct of the employees official duties, the ombudsperson shall refer the matter to the regional center or vendors director, or other responsible officer, and if the conduct would constitute a crime, to an appropriate law enforcement body or agency. 4506.7. (a) The office shall establish a toll-free number.(b) Regional center case managers shall provide consumers, and, if appropriate, their parents, legal guardians, conservator or authorized representative, with the toll-free telephone number for the office and verbal or written information regarding the existence and purpose of the office during the annual individualized program plan or individual family service plan meetings.SEC. 2. Section 4685.9 of the Welfare and Institutions Code is amended to read:4685.9. (a) The department shall establish an Office of the Self-Determination Program Ombudsperson. This office shall be overseen by the Lanterman Ombudsperson described in Section 4506.1.(b) The Office of the Self-Determination Program Ombudsperson shall be headed by an individual, to be known as the Self-Determination Program Ombudsperson. As soon as is practicable, the Director of the Department of Developmental Services shall appoint an ombudsperson qualified by training and experience to perform the duties of the office for a term of four years. The director may reappoint the ombudsperson for consecutive terms. The director shall appoint an ombudsperson using the process specified in 4506.2. The ombudsperson shall report to the Lanterman Ombudsperson.(c) The office shall be an independent and autonomous entity within the department for the purpose of monitoring the implementation of Section 4685.8 and to assist regional center clients and Self-Determination Program consumers and their families to participate fully in the Self-Determination Program Program, as authorized pursuant to Section 4685.8(d) The office shall have all of the following rights and duties: rights, authority, responsibilities, and duties conveyed to the Lanterman Ombudsperson specified in Chapter 1.4 (commencing with Section 4506) for matters pertaining to the Self-Determination Program. To the degree that it is practicable, the required reports, notices, outreach, and other duties of the office may be done in conjunction with the activities of the Lanterman Ombudsperson.(1)Providing information and assisting regional center consumers and their families in understanding their rights under the Self-Determination Program, including the process, goals, and objectives of the program and facilitating solutions to disagreements regarding eligibility and services.(2)Deciding whether to investigate complaints regarding the implementation of the Self-Determination Program, and recommending to the department strategies for change and improvement of the Self-Determination Program. Disclosure of information shall occur only as necessary to carry out the mission of the office and as permitted by law.(3)Annually compiling and reporting to the appropriate policy and fiscal committees of the Legislature relevant data collected over the course of the year, including, but not limited to, the number of contacts to the office, the number of complaints made, including the type of those complaints, the number of investigations performed by the office, the trends and issues that arose in the course of investigating complaints, the number of referrals made, and the number of pending complaints.(4)Recommending to the department and the Legislature changes to, including, but not limited to, relevant laws, regulations, policies, and actions that it determines to be appropriate and provide and facilitate public comment on, including, but not limited to, relevant laws, regulations, policies, and actions.(5)Establishing a dedicated telephone number at which regional center consumers and other stakeholders may contact the office.(e)The department shall include, on the portion of its internet website dedicated to the Self-Determination Program, a link to the internet website of the office.SEC. 3. The Legislature finds and declares that Section 1 of this act, which adds Section 4506.5 to the Welfare and Institutions Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:In order to protect the confidentiality of consumers of developmental services, it is necessary to maintain the confidentiality of the records described in Section 4506.5. |
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| 47 | 47 | | |
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| 48 | 48 | | The people of the State of California do enact as follows: |
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| 49 | 49 | | |
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| 50 | 50 | | ## The people of the State of California do enact as follows: |
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| 51 | 51 | | |
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| 52 | 52 | | SECTION 1. Chapter 1.4 (commencing with Section 4506) is added to Division 4.5 of the Welfare and Institutions Code, to read: CHAPTER 1.4. Office of the Lanterman Ombudsperson4506. The Legislature finds and declares that the people of California have benefited from the establishment of a long-term care ombudsperson pursuant to Section 9710, a foster care ombudsperson pursuant to Section 16161 and a Self- Determination Program Ombudsperson pursuant to Section 4685.9. The Legislature further finds it is essential to maintain the nonpartisan nature, integrity, and impartiality of ombudsperson functions and services. It is the intent of the Legislature to provide similar protections for consumers of developmental services by establishing an Office of the Lanterman Ombudsperson within the State Department of Developmental Services.4506.1. (a) The Office of the Lanterman Ombudsperson shall be established as an autonomous entity within the department for the purpose of providing individuals with intellectual and developmental disabilities who are consumers of developmental services with a means to resolve issues related to their care, placement, or services.(b) The Office of the Self-Determination Ombudsperson established in Section 4685.9 shall be a separate office. The Lanterman Ombudsperson shall oversee the Office of the Self-Determination Ombudsperson.(c) For purposes of this chapter, consumers of developmental services includes all of the following:(1) Individuals who receive services through a regional center under this division, including individuals who are in the intake process, are pending assessment, or have reached out to regional centers for information about eligibility.(2) Individuals who are participating in the early start program under Title 14 (commencing with Section 95000) of the Government Code, including individuals who are in the intake process, pending assessment, or have reached out to regional centers for information about eligibility.(3) Individuals who are determined to be eligible for regional center services under this division, but are not receiving services from a regional center.4506.2. (a) The Director of Developmental Services, in consultation with, and after receiving a list of possible nominees from, a committee of at least five interested individuals that are described in this subdivision, and after obtaining the committees input, shall appoint an ombudsperson who is qualified by training and experience to perform the duties of the office for a term of four years. The director may reappoint the ombudsperson for consecutive terms. The director shall select the committee members, the majority of whom shall be representatives of advocacy organizations and consumers or family members.(b) The ombudsperson shall, in the performance of their duties during the duration of their appointment, be independent, and the exercise of their discretion related to the duties and powers set forth in this chapter shall not be controlled, supervised, or directed, directly or indirectly, by the director or any other official. The ombudsperson shall devote their entire time to the duties and powers set forth in this chapter and may not be removed from office for exercising their independence and discretion in furtherance of those duties and powers.(c) If the term of an ombudsperson expires without the appointment of a successor under this chapter, the incumbent ombudsperson may continue in office until a successor is appointed. If the ombudsperson dies, resigns, becomes ineligible to serve, or is removed or suspended from office, the director shall designate an acting ombudsperson until the ombudsperson is appointed. The director shall appoint a new ombudsperson pursuant to this section within the nine months from the date the office became vacant. The acting ombudsperson shall not remain in office longer than nine months before a new ombudsperson is appointed pursuant to this section.4506.3. The department shall hire the necessary personnel to perform the functions of the office. Priority in hiring decisions shall be given to individuals with lived experience with the developmental services system, including, but not limited to, individuals with developmental disabilities.4506.4. (a) The Office of the Lanterman Ombudsperson shall do all of the following:(1) (A) Disseminate information and provide training and technical assistance to consumers of developmental services, family members, regional center staff, tribes, advocacy groups, consumer and service provider organizations, and other interested parties on the rights of persons with developmental disabilities and services provided by the office. The information shall include methods of contacting the office and notification that conversations with the office may be disclosed to other persons, as necessary, to adequately investigate and resolve a complaint. The information and training shall include information about the rights of persons with developmental disabilities under this division, including the rights specified in Chapter 1.3 (commencing with Section 4502) and the Self-Determination Program under Section 4685.8.(B) Commencing on January, 1, 2028, at the end of every two-year legislative session, review amendments to the laws applicable to consumers of developmental services and determine whether updates to the rights should be recommended in the compilation prepared pursuant to paragraph (7). The office shall update the standardized information prepared pursuant to paragraph (1) of subdivision (e), and any training materials prepared pursuant to subparagraph (A), in accordance with the legislative review.(2) Receive complaints made by or on behalf of consumers of developmental services, related to their care, placement, or services.(3) Decide, in its discretion, whether to investigate a complaint, or refer complaints to another agency for investigation. After rendering a decision to investigate a complaint, attempt to resolve the complaint without using a judicial or administrative proceeding, including attempting to facilitate solutions to disagreements about eligibility and services.(4) Upon rendering a decision to investigate a complaint from a complainant, notify the complainant of the intention to investigate. If the office declines to investigate a complaint or continue an investigation, the office shall notify the complainant of the reason for the action of the office.(5) Update the complainant on the progress of the investigation and the attempts to resolve the complaint, and notify the complainant of the final outcome.(6) Document the number, source, origin, location, and nature of complaints.(7) (A) Compile and make available to the Legislature all data collected over the course of the year, including, but not limited to, the number of contacts to the office, the number of complaints made, including the type and source of those complaints, the number of investigations performed by the office, the trends and issues that arose in the course of investigating complaints, the number of referrals made, the number of pending complaints. The office shall include recommendations consistent with this data for improving the developmental services system.(B) Present this compiled data, on an annual basis, at appropriate conferences, forums, and other events, as determined by the department, that may include presentations to, but are not limited to, representatives of the Legislature, the Association of Regional Center Agencies, the State Council on Developmental Disabilities, tribes, developmental services organizations, advocacy groups, consumer and service provider organizations, and other interested parties.(C) It is the intent of the Legislature that representatives of the organizations described in subparagraph (B) consider this data in the development of any recommendations offered toward improving the developmental services system.(D) The compiled data shall be posted so that it is available to the public on the existing internet website of the office.(E) Nothing shall preclude the office from issuing data, findings, or reports other than the annual compilation of data described in this paragraph.(8) Have access to copies of any record of a state agency, local agency, or regional center, and contractors or vendors with the state agency, local agencies, and regional centers that is necessary to carry out their responsibilities, and may meet or communicate with any consumer in their placement or elsewhere.(b) The office may establish, in consultation with a committee of interested individuals, regional or local Lanterman ombudsperson offices for the purposes of expediting investigations and resolving complaints, subject to appropriations in the annual Budget Act.(c) (1) Information obtained by the office from a complaint, regardless of whether it is investigated by the office, referred to another entity for investigation, or determined not to be the proper subject of an investigation, shall remain confidential under relevant state and federal confidentiality laws. Disclosure of information that is not confidential under state and federal confidentiality laws shall occur only as necessary to carry out the mission of the office, including as necessary to provide explanation and support for the offices recommendations for improving the developmental services system to the Legislature and state and local agencies that provide services and supports to consumers of regional center services.(2) The ombudsperson shall maintain confidentiality with respect to the identities of the complainants or witnesses coming before them, except insofar as disclosure may be necessary to enable the ombudsperson to carry out the duties of the office set forth in paragraphs (2) to (5), inclusive, of subdivision (a). The ombudsperson may not disclose a record that is confidential under relevant state and federal confidentiality laws.(3) If a consumer is represented by a conservator, legal guardian, or counsel, the office may notify the conservator, legal guardian, or counsel of a complaint in order for those entities to satisfy their obligations specified in this division. Notifying these entities of an investigation shall not limit the ombudspersons ability to investigate or resolve a complaint or take any other action authorized by this section. If appropriate, the office may also share the outcome of any investigation performed by the office with the consumers conservator, legal guardian, or counsel.(d) The office shall provide administrative and technical assistance to regional or local Lanterman ombudspersons offices, including, but not limited to, assistance in developing policies and procedures consistent with the policies and procedures used by the office.(e) (1) The office, in consultation with the Association of Regional Center Agencies, the State Council on Developmental Disabilities, tribes located in the state, consumer advocates, provider organizations, and other interested parties, shall develop standardized information explaining the rights specified in Section 4502. The information shall be developed in an accessible manner, and shall reflect any relevant licensing requirements with respect to providers responsibilities to adequately provide care for consumers of developmental services.(2) The office, regional centers, service providers, vendors, and others shall use the information developed in paragraph (1) in carrying out their responsibilities to inform consumers, or if appropriate, their parents, legal guardians, conservator, or authorized representative, of their rights pursuant to Section 4502.(3) The office shall measure the distribution of the standardized materials for purposes of evaluating and improving the degree to which consumers of developmental services are adequately informed of their rights. This data shall be included in the compilation prepared pursuant to paragraph (7) of subdivision (a).4506.5. As part of the offices efforts to resolve complaints related to the developmental services system, the ombudsperson may do all of the following:(a) Establish policies and procedures for receiving and processing complaints, conducting investigations, and reporting findings.(b) Develop and maintain a page on the departments internet website with information about the office, how to access the office, including via an online portal to submit questions and complaints, general information about this division and regional centers, and links to relevant materials.(c) Conduct whatever investigation reasonably related to the complaint and to developmental services that the ombudsperson deems necessary, including, but not limited to, both of the following:(1) Access to, and inspection of, premises within the control of a state agency, local agency, or a regional center, or a contractor or vendor with a state agency, local agency, or regional center, and access to, and inspection of, a licensed or approved residential facility, at any time, with or without prior notice, for the purpose of carrying out the duties of the office. The ombudsperson shall be granted access to records and residents at all times for the purpose of carrying out the duties of the office.(A) For purposes of this section, access means the right to do all of the following:(i) Enter any licensed or approved developmental services residential facility, upon providing identification. A private home may be entered only with consent of the consumer or their legal representative.(ii) Communicate privately and without restriction with any resident, caregiver, staff, personnel, or volunteer.(iii) Review and copy any consumer record or caregiver file.(iv) Observe all resident and staff areas of a facility.(v) Review and reproduce administrative records, policies, and documents of any licensed or approved developmental services care facility.(vi) Review and copy all licensing records maintained by the state, county, or agency, and review and reproduce any records of a state, county, or local agency and their contractors, except sealed court records, which may be obtained only by subpoena or other lawful court order.(vii) Interview all relevant witnesses.(B) For purposes of this section, record means a document, paper, memorandum, book, letter, file, drawing, map, plat, photo, photographic file, motion picture, film, microfilm, microphotograph, exhibit, magnetic or paper tape, punched card, or other item developed or received under law or in connection with the transaction of official business, but does not include material that is protected by privilege.(2) Observe proceedings and attend hearings, consistent with this division.(d) Attempt to resolve the complaint.(e) Submit a written plan to the relevant state agency, local agency, or regional center, or a contractor or vendor with the state agency, local agency, or regional center, recommending a course of action to resolve the complaint. If the ombudsperson makes a written recommendation, the state agency, regional center, or vendor or contractor, shall submit a written response to the ombudsperson within 30 calendar days.4506.6. In order to encourage candor during the ombudspersons investigation of complaints made by or on behalf of a consumer of developmental services and to facilitate the ombudspersons ability to resolve complaints, all of the following shall apply:(a) The ombudsperson and staff of the ombudsperson shall not be compelled to testify or be deposed in a judicial or administrative proceeding regarding matters coming to their attention in the exercise of their official duties, except as may be necessary to enforce or implement this chapter.(b) The records of the ombudsperson and the staff of the ombudsperson, including notes, drafts, and records obtained from an individual or agency during the intake, review, or investigation of a complaint, and any reports not released to the public shall not be subject to disclosure or production in response to a subpoena or discovery in a judicial or administrative proceeding, except as necessary to enforce or implement the provisions of this chapter.(c) When exercising the investigative, complaint resolution, and technical assistance functions of the Office of the Lanterman Ombudsperson, the ombudsperson and staff of the ombudsperson shall have all immunities under Article 2 (commencing with Section 815) of Chapter 1 of Part 2 of Division 3.6 of Title 1 of the Government Code afforded to the discharge of discretionary duties by public entities and their employees.(d) If the ombudsperson believes, based on information received during the exercise of their official duties, that there is a breach of duty or misconduct by an employee of a state agency, local agency, regional center, or their contractors or vendors, in the conduct of the employees official duties, the ombudsperson shall refer the matter to the regional center or vendors director, or other responsible officer, and if the conduct would constitute a crime, to an appropriate law enforcement body or agency. 4506.7. (a) The office shall establish a toll-free number.(b) Regional center case managers shall provide consumers, and, if appropriate, their parents, legal guardians, conservator or authorized representative, with the toll-free telephone number for the office and verbal or written information regarding the existence and purpose of the office during the annual individualized program plan or individual family service plan meetings. |
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| 53 | 53 | | |
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| 54 | 54 | | SECTION 1. Chapter 1.4 (commencing with Section 4506) is added to Division 4.5 of the Welfare and Institutions Code, to read: |
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| 55 | 55 | | |
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| 56 | 56 | | ### SECTION 1. |
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| 57 | 57 | | |
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| 58 | 58 | | CHAPTER 1.4. Office of the Lanterman Ombudsperson4506. The Legislature finds and declares that the people of California have benefited from the establishment of a long-term care ombudsperson pursuant to Section 9710, a foster care ombudsperson pursuant to Section 16161 and a Self- Determination Program Ombudsperson pursuant to Section 4685.9. The Legislature further finds it is essential to maintain the nonpartisan nature, integrity, and impartiality of ombudsperson functions and services. It is the intent of the Legislature to provide similar protections for consumers of developmental services by establishing an Office of the Lanterman Ombudsperson within the State Department of Developmental Services.4506.1. (a) The Office of the Lanterman Ombudsperson shall be established as an autonomous entity within the department for the purpose of providing individuals with intellectual and developmental disabilities who are consumers of developmental services with a means to resolve issues related to their care, placement, or services.(b) The Office of the Self-Determination Ombudsperson established in Section 4685.9 shall be a separate office. The Lanterman Ombudsperson shall oversee the Office of the Self-Determination Ombudsperson.(c) For purposes of this chapter, consumers of developmental services includes all of the following:(1) Individuals who receive services through a regional center under this division, including individuals who are in the intake process, are pending assessment, or have reached out to regional centers for information about eligibility.(2) Individuals who are participating in the early start program under Title 14 (commencing with Section 95000) of the Government Code, including individuals who are in the intake process, pending assessment, or have reached out to regional centers for information about eligibility.(3) Individuals who are determined to be eligible for regional center services under this division, but are not receiving services from a regional center.4506.2. (a) The Director of Developmental Services, in consultation with, and after receiving a list of possible nominees from, a committee of at least five interested individuals that are described in this subdivision, and after obtaining the committees input, shall appoint an ombudsperson who is qualified by training and experience to perform the duties of the office for a term of four years. The director may reappoint the ombudsperson for consecutive terms. The director shall select the committee members, the majority of whom shall be representatives of advocacy organizations and consumers or family members.(b) The ombudsperson shall, in the performance of their duties during the duration of their appointment, be independent, and the exercise of their discretion related to the duties and powers set forth in this chapter shall not be controlled, supervised, or directed, directly or indirectly, by the director or any other official. The ombudsperson shall devote their entire time to the duties and powers set forth in this chapter and may not be removed from office for exercising their independence and discretion in furtherance of those duties and powers.(c) If the term of an ombudsperson expires without the appointment of a successor under this chapter, the incumbent ombudsperson may continue in office until a successor is appointed. If the ombudsperson dies, resigns, becomes ineligible to serve, or is removed or suspended from office, the director shall designate an acting ombudsperson until the ombudsperson is appointed. The director shall appoint a new ombudsperson pursuant to this section within the nine months from the date the office became vacant. The acting ombudsperson shall not remain in office longer than nine months before a new ombudsperson is appointed pursuant to this section.4506.3. The department shall hire the necessary personnel to perform the functions of the office. Priority in hiring decisions shall be given to individuals with lived experience with the developmental services system, including, but not limited to, individuals with developmental disabilities.4506.4. (a) The Office of the Lanterman Ombudsperson shall do all of the following:(1) (A) Disseminate information and provide training and technical assistance to consumers of developmental services, family members, regional center staff, tribes, advocacy groups, consumer and service provider organizations, and other interested parties on the rights of persons with developmental disabilities and services provided by the office. The information shall include methods of contacting the office and notification that conversations with the office may be disclosed to other persons, as necessary, to adequately investigate and resolve a complaint. The information and training shall include information about the rights of persons with developmental disabilities under this division, including the rights specified in Chapter 1.3 (commencing with Section 4502) and the Self-Determination Program under Section 4685.8.(B) Commencing on January, 1, 2028, at the end of every two-year legislative session, review amendments to the laws applicable to consumers of developmental services and determine whether updates to the rights should be recommended in the compilation prepared pursuant to paragraph (7). The office shall update the standardized information prepared pursuant to paragraph (1) of subdivision (e), and any training materials prepared pursuant to subparagraph (A), in accordance with the legislative review.(2) Receive complaints made by or on behalf of consumers of developmental services, related to their care, placement, or services.(3) Decide, in its discretion, whether to investigate a complaint, or refer complaints to another agency for investigation. After rendering a decision to investigate a complaint, attempt to resolve the complaint without using a judicial or administrative proceeding, including attempting to facilitate solutions to disagreements about eligibility and services.(4) Upon rendering a decision to investigate a complaint from a complainant, notify the complainant of the intention to investigate. If the office declines to investigate a complaint or continue an investigation, the office shall notify the complainant of the reason for the action of the office.(5) Update the complainant on the progress of the investigation and the attempts to resolve the complaint, and notify the complainant of the final outcome.(6) Document the number, source, origin, location, and nature of complaints.(7) (A) Compile and make available to the Legislature all data collected over the course of the year, including, but not limited to, the number of contacts to the office, the number of complaints made, including the type and source of those complaints, the number of investigations performed by the office, the trends and issues that arose in the course of investigating complaints, the number of referrals made, the number of pending complaints. The office shall include recommendations consistent with this data for improving the developmental services system.(B) Present this compiled data, on an annual basis, at appropriate conferences, forums, and other events, as determined by the department, that may include presentations to, but are not limited to, representatives of the Legislature, the Association of Regional Center Agencies, the State Council on Developmental Disabilities, tribes, developmental services organizations, advocacy groups, consumer and service provider organizations, and other interested parties.(C) It is the intent of the Legislature that representatives of the organizations described in subparagraph (B) consider this data in the development of any recommendations offered toward improving the developmental services system.(D) The compiled data shall be posted so that it is available to the public on the existing internet website of the office.(E) Nothing shall preclude the office from issuing data, findings, or reports other than the annual compilation of data described in this paragraph.(8) Have access to copies of any record of a state agency, local agency, or regional center, and contractors or vendors with the state agency, local agencies, and regional centers that is necessary to carry out their responsibilities, and may meet or communicate with any consumer in their placement or elsewhere.(b) The office may establish, in consultation with a committee of interested individuals, regional or local Lanterman ombudsperson offices for the purposes of expediting investigations and resolving complaints, subject to appropriations in the annual Budget Act.(c) (1) Information obtained by the office from a complaint, regardless of whether it is investigated by the office, referred to another entity for investigation, or determined not to be the proper subject of an investigation, shall remain confidential under relevant state and federal confidentiality laws. Disclosure of information that is not confidential under state and federal confidentiality laws shall occur only as necessary to carry out the mission of the office, including as necessary to provide explanation and support for the offices recommendations for improving the developmental services system to the Legislature and state and local agencies that provide services and supports to consumers of regional center services.(2) The ombudsperson shall maintain confidentiality with respect to the identities of the complainants or witnesses coming before them, except insofar as disclosure may be necessary to enable the ombudsperson to carry out the duties of the office set forth in paragraphs (2) to (5), inclusive, of subdivision (a). The ombudsperson may not disclose a record that is confidential under relevant state and federal confidentiality laws.(3) If a consumer is represented by a conservator, legal guardian, or counsel, the office may notify the conservator, legal guardian, or counsel of a complaint in order for those entities to satisfy their obligations specified in this division. Notifying these entities of an investigation shall not limit the ombudspersons ability to investigate or resolve a complaint or take any other action authorized by this section. If appropriate, the office may also share the outcome of any investigation performed by the office with the consumers conservator, legal guardian, or counsel.(d) The office shall provide administrative and technical assistance to regional or local Lanterman ombudspersons offices, including, but not limited to, assistance in developing policies and procedures consistent with the policies and procedures used by the office.(e) (1) The office, in consultation with the Association of Regional Center Agencies, the State Council on Developmental Disabilities, tribes located in the state, consumer advocates, provider organizations, and other interested parties, shall develop standardized information explaining the rights specified in Section 4502. The information shall be developed in an accessible manner, and shall reflect any relevant licensing requirements with respect to providers responsibilities to adequately provide care for consumers of developmental services.(2) The office, regional centers, service providers, vendors, and others shall use the information developed in paragraph (1) in carrying out their responsibilities to inform consumers, or if appropriate, their parents, legal guardians, conservator, or authorized representative, of their rights pursuant to Section 4502.(3) The office shall measure the distribution of the standardized materials for purposes of evaluating and improving the degree to which consumers of developmental services are adequately informed of their rights. This data shall be included in the compilation prepared pursuant to paragraph (7) of subdivision (a).4506.5. As part of the offices efforts to resolve complaints related to the developmental services system, the ombudsperson may do all of the following:(a) Establish policies and procedures for receiving and processing complaints, conducting investigations, and reporting findings.(b) Develop and maintain a page on the departments internet website with information about the office, how to access the office, including via an online portal to submit questions and complaints, general information about this division and regional centers, and links to relevant materials.(c) Conduct whatever investigation reasonably related to the complaint and to developmental services that the ombudsperson deems necessary, including, but not limited to, both of the following:(1) Access to, and inspection of, premises within the control of a state agency, local agency, or a regional center, or a contractor or vendor with a state agency, local agency, or regional center, and access to, and inspection of, a licensed or approved residential facility, at any time, with or without prior notice, for the purpose of carrying out the duties of the office. The ombudsperson shall be granted access to records and residents at all times for the purpose of carrying out the duties of the office.(A) For purposes of this section, access means the right to do all of the following:(i) Enter any licensed or approved developmental services residential facility, upon providing identification. A private home may be entered only with consent of the consumer or their legal representative.(ii) Communicate privately and without restriction with any resident, caregiver, staff, personnel, or volunteer.(iii) Review and copy any consumer record or caregiver file.(iv) Observe all resident and staff areas of a facility.(v) Review and reproduce administrative records, policies, and documents of any licensed or approved developmental services care facility.(vi) Review and copy all licensing records maintained by the state, county, or agency, and review and reproduce any records of a state, county, or local agency and their contractors, except sealed court records, which may be obtained only by subpoena or other lawful court order.(vii) Interview all relevant witnesses.(B) For purposes of this section, record means a document, paper, memorandum, book, letter, file, drawing, map, plat, photo, photographic file, motion picture, film, microfilm, microphotograph, exhibit, magnetic or paper tape, punched card, or other item developed or received under law or in connection with the transaction of official business, but does not include material that is protected by privilege.(2) Observe proceedings and attend hearings, consistent with this division.(d) Attempt to resolve the complaint.(e) Submit a written plan to the relevant state agency, local agency, or regional center, or a contractor or vendor with the state agency, local agency, or regional center, recommending a course of action to resolve the complaint. If the ombudsperson makes a written recommendation, the state agency, regional center, or vendor or contractor, shall submit a written response to the ombudsperson within 30 calendar days.4506.6. In order to encourage candor during the ombudspersons investigation of complaints made by or on behalf of a consumer of developmental services and to facilitate the ombudspersons ability to resolve complaints, all of the following shall apply:(a) The ombudsperson and staff of the ombudsperson shall not be compelled to testify or be deposed in a judicial or administrative proceeding regarding matters coming to their attention in the exercise of their official duties, except as may be necessary to enforce or implement this chapter.(b) The records of the ombudsperson and the staff of the ombudsperson, including notes, drafts, and records obtained from an individual or agency during the intake, review, or investigation of a complaint, and any reports not released to the public shall not be subject to disclosure or production in response to a subpoena or discovery in a judicial or administrative proceeding, except as necessary to enforce or implement the provisions of this chapter.(c) When exercising the investigative, complaint resolution, and technical assistance functions of the Office of the Lanterman Ombudsperson, the ombudsperson and staff of the ombudsperson shall have all immunities under Article 2 (commencing with Section 815) of Chapter 1 of Part 2 of Division 3.6 of Title 1 of the Government Code afforded to the discharge of discretionary duties by public entities and their employees.(d) If the ombudsperson believes, based on information received during the exercise of their official duties, that there is a breach of duty or misconduct by an employee of a state agency, local agency, regional center, or their contractors or vendors, in the conduct of the employees official duties, the ombudsperson shall refer the matter to the regional center or vendors director, or other responsible officer, and if the conduct would constitute a crime, to an appropriate law enforcement body or agency. 4506.7. (a) The office shall establish a toll-free number.(b) Regional center case managers shall provide consumers, and, if appropriate, their parents, legal guardians, conservator or authorized representative, with the toll-free telephone number for the office and verbal or written information regarding the existence and purpose of the office during the annual individualized program plan or individual family service plan meetings. |
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| 59 | 59 | | |
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| 60 | 60 | | CHAPTER 1.4. Office of the Lanterman Ombudsperson4506. The Legislature finds and declares that the people of California have benefited from the establishment of a long-term care ombudsperson pursuant to Section 9710, a foster care ombudsperson pursuant to Section 16161 and a Self- Determination Program Ombudsperson pursuant to Section 4685.9. The Legislature further finds it is essential to maintain the nonpartisan nature, integrity, and impartiality of ombudsperson functions and services. It is the intent of the Legislature to provide similar protections for consumers of developmental services by establishing an Office of the Lanterman Ombudsperson within the State Department of Developmental Services.4506.1. (a) The Office of the Lanterman Ombudsperson shall be established as an autonomous entity within the department for the purpose of providing individuals with intellectual and developmental disabilities who are consumers of developmental services with a means to resolve issues related to their care, placement, or services.(b) The Office of the Self-Determination Ombudsperson established in Section 4685.9 shall be a separate office. The Lanterman Ombudsperson shall oversee the Office of the Self-Determination Ombudsperson.(c) For purposes of this chapter, consumers of developmental services includes all of the following:(1) Individuals who receive services through a regional center under this division, including individuals who are in the intake process, are pending assessment, or have reached out to regional centers for information about eligibility.(2) Individuals who are participating in the early start program under Title 14 (commencing with Section 95000) of the Government Code, including individuals who are in the intake process, pending assessment, or have reached out to regional centers for information about eligibility.(3) Individuals who are determined to be eligible for regional center services under this division, but are not receiving services from a regional center.4506.2. (a) The Director of Developmental Services, in consultation with, and after receiving a list of possible nominees from, a committee of at least five interested individuals that are described in this subdivision, and after obtaining the committees input, shall appoint an ombudsperson who is qualified by training and experience to perform the duties of the office for a term of four years. The director may reappoint the ombudsperson for consecutive terms. The director shall select the committee members, the majority of whom shall be representatives of advocacy organizations and consumers or family members.(b) The ombudsperson shall, in the performance of their duties during the duration of their appointment, be independent, and the exercise of their discretion related to the duties and powers set forth in this chapter shall not be controlled, supervised, or directed, directly or indirectly, by the director or any other official. The ombudsperson shall devote their entire time to the duties and powers set forth in this chapter and may not be removed from office for exercising their independence and discretion in furtherance of those duties and powers.(c) If the term of an ombudsperson expires without the appointment of a successor under this chapter, the incumbent ombudsperson may continue in office until a successor is appointed. If the ombudsperson dies, resigns, becomes ineligible to serve, or is removed or suspended from office, the director shall designate an acting ombudsperson until the ombudsperson is appointed. The director shall appoint a new ombudsperson pursuant to this section within the nine months from the date the office became vacant. The acting ombudsperson shall not remain in office longer than nine months before a new ombudsperson is appointed pursuant to this section.4506.3. The department shall hire the necessary personnel to perform the functions of the office. Priority in hiring decisions shall be given to individuals with lived experience with the developmental services system, including, but not limited to, individuals with developmental disabilities.4506.4. (a) The Office of the Lanterman Ombudsperson shall do all of the following:(1) (A) Disseminate information and provide training and technical assistance to consumers of developmental services, family members, regional center staff, tribes, advocacy groups, consumer and service provider organizations, and other interested parties on the rights of persons with developmental disabilities and services provided by the office. The information shall include methods of contacting the office and notification that conversations with the office may be disclosed to other persons, as necessary, to adequately investigate and resolve a complaint. The information and training shall include information about the rights of persons with developmental disabilities under this division, including the rights specified in Chapter 1.3 (commencing with Section 4502) and the Self-Determination Program under Section 4685.8.(B) Commencing on January, 1, 2028, at the end of every two-year legislative session, review amendments to the laws applicable to consumers of developmental services and determine whether updates to the rights should be recommended in the compilation prepared pursuant to paragraph (7). The office shall update the standardized information prepared pursuant to paragraph (1) of subdivision (e), and any training materials prepared pursuant to subparagraph (A), in accordance with the legislative review.(2) Receive complaints made by or on behalf of consumers of developmental services, related to their care, placement, or services.(3) Decide, in its discretion, whether to investigate a complaint, or refer complaints to another agency for investigation. After rendering a decision to investigate a complaint, attempt to resolve the complaint without using a judicial or administrative proceeding, including attempting to facilitate solutions to disagreements about eligibility and services.(4) Upon rendering a decision to investigate a complaint from a complainant, notify the complainant of the intention to investigate. If the office declines to investigate a complaint or continue an investigation, the office shall notify the complainant of the reason for the action of the office.(5) Update the complainant on the progress of the investigation and the attempts to resolve the complaint, and notify the complainant of the final outcome.(6) Document the number, source, origin, location, and nature of complaints.(7) (A) Compile and make available to the Legislature all data collected over the course of the year, including, but not limited to, the number of contacts to the office, the number of complaints made, including the type and source of those complaints, the number of investigations performed by the office, the trends and issues that arose in the course of investigating complaints, the number of referrals made, the number of pending complaints. The office shall include recommendations consistent with this data for improving the developmental services system.(B) Present this compiled data, on an annual basis, at appropriate conferences, forums, and other events, as determined by the department, that may include presentations to, but are not limited to, representatives of the Legislature, the Association of Regional Center Agencies, the State Council on Developmental Disabilities, tribes, developmental services organizations, advocacy groups, consumer and service provider organizations, and other interested parties.(C) It is the intent of the Legislature that representatives of the organizations described in subparagraph (B) consider this data in the development of any recommendations offered toward improving the developmental services system.(D) The compiled data shall be posted so that it is available to the public on the existing internet website of the office.(E) Nothing shall preclude the office from issuing data, findings, or reports other than the annual compilation of data described in this paragraph.(8) Have access to copies of any record of a state agency, local agency, or regional center, and contractors or vendors with the state agency, local agencies, and regional centers that is necessary to carry out their responsibilities, and may meet or communicate with any consumer in their placement or elsewhere.(b) The office may establish, in consultation with a committee of interested individuals, regional or local Lanterman ombudsperson offices for the purposes of expediting investigations and resolving complaints, subject to appropriations in the annual Budget Act.(c) (1) Information obtained by the office from a complaint, regardless of whether it is investigated by the office, referred to another entity for investigation, or determined not to be the proper subject of an investigation, shall remain confidential under relevant state and federal confidentiality laws. Disclosure of information that is not confidential under state and federal confidentiality laws shall occur only as necessary to carry out the mission of the office, including as necessary to provide explanation and support for the offices recommendations for improving the developmental services system to the Legislature and state and local agencies that provide services and supports to consumers of regional center services.(2) The ombudsperson shall maintain confidentiality with respect to the identities of the complainants or witnesses coming before them, except insofar as disclosure may be necessary to enable the ombudsperson to carry out the duties of the office set forth in paragraphs (2) to (5), inclusive, of subdivision (a). The ombudsperson may not disclose a record that is confidential under relevant state and federal confidentiality laws.(3) If a consumer is represented by a conservator, legal guardian, or counsel, the office may notify the conservator, legal guardian, or counsel of a complaint in order for those entities to satisfy their obligations specified in this division. Notifying these entities of an investigation shall not limit the ombudspersons ability to investigate or resolve a complaint or take any other action authorized by this section. If appropriate, the office may also share the outcome of any investigation performed by the office with the consumers conservator, legal guardian, or counsel.(d) The office shall provide administrative and technical assistance to regional or local Lanterman ombudspersons offices, including, but not limited to, assistance in developing policies and procedures consistent with the policies and procedures used by the office.(e) (1) The office, in consultation with the Association of Regional Center Agencies, the State Council on Developmental Disabilities, tribes located in the state, consumer advocates, provider organizations, and other interested parties, shall develop standardized information explaining the rights specified in Section 4502. The information shall be developed in an accessible manner, and shall reflect any relevant licensing requirements with respect to providers responsibilities to adequately provide care for consumers of developmental services.(2) The office, regional centers, service providers, vendors, and others shall use the information developed in paragraph (1) in carrying out their responsibilities to inform consumers, or if appropriate, their parents, legal guardians, conservator, or authorized representative, of their rights pursuant to Section 4502.(3) The office shall measure the distribution of the standardized materials for purposes of evaluating and improving the degree to which consumers of developmental services are adequately informed of their rights. This data shall be included in the compilation prepared pursuant to paragraph (7) of subdivision (a).4506.5. As part of the offices efforts to resolve complaints related to the developmental services system, the ombudsperson may do all of the following:(a) Establish policies and procedures for receiving and processing complaints, conducting investigations, and reporting findings.(b) Develop and maintain a page on the departments internet website with information about the office, how to access the office, including via an online portal to submit questions and complaints, general information about this division and regional centers, and links to relevant materials.(c) Conduct whatever investigation reasonably related to the complaint and to developmental services that the ombudsperson deems necessary, including, but not limited to, both of the following:(1) Access to, and inspection of, premises within the control of a state agency, local agency, or a regional center, or a contractor or vendor with a state agency, local agency, or regional center, and access to, and inspection of, a licensed or approved residential facility, at any time, with or without prior notice, for the purpose of carrying out the duties of the office. The ombudsperson shall be granted access to records and residents at all times for the purpose of carrying out the duties of the office.(A) For purposes of this section, access means the right to do all of the following:(i) Enter any licensed or approved developmental services residential facility, upon providing identification. A private home may be entered only with consent of the consumer or their legal representative.(ii) Communicate privately and without restriction with any resident, caregiver, staff, personnel, or volunteer.(iii) Review and copy any consumer record or caregiver file.(iv) Observe all resident and staff areas of a facility.(v) Review and reproduce administrative records, policies, and documents of any licensed or approved developmental services care facility.(vi) Review and copy all licensing records maintained by the state, county, or agency, and review and reproduce any records of a state, county, or local agency and their contractors, except sealed court records, which may be obtained only by subpoena or other lawful court order.(vii) Interview all relevant witnesses.(B) For purposes of this section, record means a document, paper, memorandum, book, letter, file, drawing, map, plat, photo, photographic file, motion picture, film, microfilm, microphotograph, exhibit, magnetic or paper tape, punched card, or other item developed or received under law or in connection with the transaction of official business, but does not include material that is protected by privilege.(2) Observe proceedings and attend hearings, consistent with this division.(d) Attempt to resolve the complaint.(e) Submit a written plan to the relevant state agency, local agency, or regional center, or a contractor or vendor with the state agency, local agency, or regional center, recommending a course of action to resolve the complaint. If the ombudsperson makes a written recommendation, the state agency, regional center, or vendor or contractor, shall submit a written response to the ombudsperson within 30 calendar days.4506.6. In order to encourage candor during the ombudspersons investigation of complaints made by or on behalf of a consumer of developmental services and to facilitate the ombudspersons ability to resolve complaints, all of the following shall apply:(a) The ombudsperson and staff of the ombudsperson shall not be compelled to testify or be deposed in a judicial or administrative proceeding regarding matters coming to their attention in the exercise of their official duties, except as may be necessary to enforce or implement this chapter.(b) The records of the ombudsperson and the staff of the ombudsperson, including notes, drafts, and records obtained from an individual or agency during the intake, review, or investigation of a complaint, and any reports not released to the public shall not be subject to disclosure or production in response to a subpoena or discovery in a judicial or administrative proceeding, except as necessary to enforce or implement the provisions of this chapter.(c) When exercising the investigative, complaint resolution, and technical assistance functions of the Office of the Lanterman Ombudsperson, the ombudsperson and staff of the ombudsperson shall have all immunities under Article 2 (commencing with Section 815) of Chapter 1 of Part 2 of Division 3.6 of Title 1 of the Government Code afforded to the discharge of discretionary duties by public entities and their employees.(d) If the ombudsperson believes, based on information received during the exercise of their official duties, that there is a breach of duty or misconduct by an employee of a state agency, local agency, regional center, or their contractors or vendors, in the conduct of the employees official duties, the ombudsperson shall refer the matter to the regional center or vendors director, or other responsible officer, and if the conduct would constitute a crime, to an appropriate law enforcement body or agency. 4506.7. (a) The office shall establish a toll-free number.(b) Regional center case managers shall provide consumers, and, if appropriate, their parents, legal guardians, conservator or authorized representative, with the toll-free telephone number for the office and verbal or written information regarding the existence and purpose of the office during the annual individualized program plan or individual family service plan meetings. |
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| 61 | 61 | | |
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| 62 | 62 | | CHAPTER 1.4. Office of the Lanterman Ombudsperson |
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| 63 | 63 | | |
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| 64 | 64 | | CHAPTER 1.4. Office of the Lanterman Ombudsperson |
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| 65 | 65 | | |
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| 66 | 66 | | 4506. The Legislature finds and declares that the people of California have benefited from the establishment of a long-term care ombudsperson pursuant to Section 9710, a foster care ombudsperson pursuant to Section 16161 and a Self- Determination Program Ombudsperson pursuant to Section 4685.9. The Legislature further finds it is essential to maintain the nonpartisan nature, integrity, and impartiality of ombudsperson functions and services. It is the intent of the Legislature to provide similar protections for consumers of developmental services by establishing an Office of the Lanterman Ombudsperson within the State Department of Developmental Services. |
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| 67 | 67 | | |
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| 68 | 68 | | |
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| 69 | 69 | | |
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| 70 | 70 | | 4506. The Legislature finds and declares that the people of California have benefited from the establishment of a long-term care ombudsperson pursuant to Section 9710, a foster care ombudsperson pursuant to Section 16161 and a Self- Determination Program Ombudsperson pursuant to Section 4685.9. The Legislature further finds it is essential to maintain the nonpartisan nature, integrity, and impartiality of ombudsperson functions and services. It is the intent of the Legislature to provide similar protections for consumers of developmental services by establishing an Office of the Lanterman Ombudsperson within the State Department of Developmental Services. |
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| 71 | 71 | | |
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| 72 | 72 | | 4506.1. (a) The Office of the Lanterman Ombudsperson shall be established as an autonomous entity within the department for the purpose of providing individuals with intellectual and developmental disabilities who are consumers of developmental services with a means to resolve issues related to their care, placement, or services.(b) The Office of the Self-Determination Ombudsperson established in Section 4685.9 shall be a separate office. The Lanterman Ombudsperson shall oversee the Office of the Self-Determination Ombudsperson.(c) For purposes of this chapter, consumers of developmental services includes all of the following:(1) Individuals who receive services through a regional center under this division, including individuals who are in the intake process, are pending assessment, or have reached out to regional centers for information about eligibility.(2) Individuals who are participating in the early start program under Title 14 (commencing with Section 95000) of the Government Code, including individuals who are in the intake process, pending assessment, or have reached out to regional centers for information about eligibility.(3) Individuals who are determined to be eligible for regional center services under this division, but are not receiving services from a regional center. |
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| 73 | 73 | | |
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| 74 | 74 | | |
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| 75 | 75 | | |
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| 76 | 76 | | 4506.1. (a) The Office of the Lanterman Ombudsperson shall be established as an autonomous entity within the department for the purpose of providing individuals with intellectual and developmental disabilities who are consumers of developmental services with a means to resolve issues related to their care, placement, or services. |
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| 77 | 77 | | |
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| 78 | 78 | | (b) The Office of the Self-Determination Ombudsperson established in Section 4685.9 shall be a separate office. The Lanterman Ombudsperson shall oversee the Office of the Self-Determination Ombudsperson. |
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| 79 | 79 | | |
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| 80 | 80 | | (c) For purposes of this chapter, consumers of developmental services includes all of the following: |
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| 81 | 81 | | |
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| 82 | 82 | | (1) Individuals who receive services through a regional center under this division, including individuals who are in the intake process, are pending assessment, or have reached out to regional centers for information about eligibility. |
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| 83 | 83 | | |
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| 84 | 84 | | (2) Individuals who are participating in the early start program under Title 14 (commencing with Section 95000) of the Government Code, including individuals who are in the intake process, pending assessment, or have reached out to regional centers for information about eligibility. |
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| 85 | 85 | | |
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| 86 | 86 | | (3) Individuals who are determined to be eligible for regional center services under this division, but are not receiving services from a regional center. |
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| 87 | 87 | | |
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| 88 | 88 | | 4506.2. (a) The Director of Developmental Services, in consultation with, and after receiving a list of possible nominees from, a committee of at least five interested individuals that are described in this subdivision, and after obtaining the committees input, shall appoint an ombudsperson who is qualified by training and experience to perform the duties of the office for a term of four years. The director may reappoint the ombudsperson for consecutive terms. The director shall select the committee members, the majority of whom shall be representatives of advocacy organizations and consumers or family members.(b) The ombudsperson shall, in the performance of their duties during the duration of their appointment, be independent, and the exercise of their discretion related to the duties and powers set forth in this chapter shall not be controlled, supervised, or directed, directly or indirectly, by the director or any other official. The ombudsperson shall devote their entire time to the duties and powers set forth in this chapter and may not be removed from office for exercising their independence and discretion in furtherance of those duties and powers.(c) If the term of an ombudsperson expires without the appointment of a successor under this chapter, the incumbent ombudsperson may continue in office until a successor is appointed. If the ombudsperson dies, resigns, becomes ineligible to serve, or is removed or suspended from office, the director shall designate an acting ombudsperson until the ombudsperson is appointed. The director shall appoint a new ombudsperson pursuant to this section within the nine months from the date the office became vacant. The acting ombudsperson shall not remain in office longer than nine months before a new ombudsperson is appointed pursuant to this section. |
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| 89 | 89 | | |
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| 90 | 90 | | |
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| 91 | 91 | | |
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| 92 | 92 | | 4506.2. (a) The Director of Developmental Services, in consultation with, and after receiving a list of possible nominees from, a committee of at least five interested individuals that are described in this subdivision, and after obtaining the committees input, shall appoint an ombudsperson who is qualified by training and experience to perform the duties of the office for a term of four years. The director may reappoint the ombudsperson for consecutive terms. The director shall select the committee members, the majority of whom shall be representatives of advocacy organizations and consumers or family members. |
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| 93 | 93 | | |
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| 94 | 94 | | (b) The ombudsperson shall, in the performance of their duties during the duration of their appointment, be independent, and the exercise of their discretion related to the duties and powers set forth in this chapter shall not be controlled, supervised, or directed, directly or indirectly, by the director or any other official. The ombudsperson shall devote their entire time to the duties and powers set forth in this chapter and may not be removed from office for exercising their independence and discretion in furtherance of those duties and powers. |
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| 95 | 95 | | |
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| 96 | 96 | | (c) If the term of an ombudsperson expires without the appointment of a successor under this chapter, the incumbent ombudsperson may continue in office until a successor is appointed. If the ombudsperson dies, resigns, becomes ineligible to serve, or is removed or suspended from office, the director shall designate an acting ombudsperson until the ombudsperson is appointed. The director shall appoint a new ombudsperson pursuant to this section within the nine months from the date the office became vacant. The acting ombudsperson shall not remain in office longer than nine months before a new ombudsperson is appointed pursuant to this section. |
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| 97 | 97 | | |
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| 98 | 98 | | 4506.3. The department shall hire the necessary personnel to perform the functions of the office. Priority in hiring decisions shall be given to individuals with lived experience with the developmental services system, including, but not limited to, individuals with developmental disabilities. |
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| 99 | 99 | | |
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| 100 | 100 | | |
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| 101 | 101 | | |
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| 102 | 102 | | 4506.3. The department shall hire the necessary personnel to perform the functions of the office. Priority in hiring decisions shall be given to individuals with lived experience with the developmental services system, including, but not limited to, individuals with developmental disabilities. |
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| 103 | 103 | | |
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| 104 | 104 | | 4506.4. (a) The Office of the Lanterman Ombudsperson shall do all of the following:(1) (A) Disseminate information and provide training and technical assistance to consumers of developmental services, family members, regional center staff, tribes, advocacy groups, consumer and service provider organizations, and other interested parties on the rights of persons with developmental disabilities and services provided by the office. The information shall include methods of contacting the office and notification that conversations with the office may be disclosed to other persons, as necessary, to adequately investigate and resolve a complaint. The information and training shall include information about the rights of persons with developmental disabilities under this division, including the rights specified in Chapter 1.3 (commencing with Section 4502) and the Self-Determination Program under Section 4685.8.(B) Commencing on January, 1, 2028, at the end of every two-year legislative session, review amendments to the laws applicable to consumers of developmental services and determine whether updates to the rights should be recommended in the compilation prepared pursuant to paragraph (7). The office shall update the standardized information prepared pursuant to paragraph (1) of subdivision (e), and any training materials prepared pursuant to subparagraph (A), in accordance with the legislative review.(2) Receive complaints made by or on behalf of consumers of developmental services, related to their care, placement, or services.(3) Decide, in its discretion, whether to investigate a complaint, or refer complaints to another agency for investigation. After rendering a decision to investigate a complaint, attempt to resolve the complaint without using a judicial or administrative proceeding, including attempting to facilitate solutions to disagreements about eligibility and services.(4) Upon rendering a decision to investigate a complaint from a complainant, notify the complainant of the intention to investigate. If the office declines to investigate a complaint or continue an investigation, the office shall notify the complainant of the reason for the action of the office.(5) Update the complainant on the progress of the investigation and the attempts to resolve the complaint, and notify the complainant of the final outcome.(6) Document the number, source, origin, location, and nature of complaints.(7) (A) Compile and make available to the Legislature all data collected over the course of the year, including, but not limited to, the number of contacts to the office, the number of complaints made, including the type and source of those complaints, the number of investigations performed by the office, the trends and issues that arose in the course of investigating complaints, the number of referrals made, the number of pending complaints. The office shall include recommendations consistent with this data for improving the developmental services system.(B) Present this compiled data, on an annual basis, at appropriate conferences, forums, and other events, as determined by the department, that may include presentations to, but are not limited to, representatives of the Legislature, the Association of Regional Center Agencies, the State Council on Developmental Disabilities, tribes, developmental services organizations, advocacy groups, consumer and service provider organizations, and other interested parties.(C) It is the intent of the Legislature that representatives of the organizations described in subparagraph (B) consider this data in the development of any recommendations offered toward improving the developmental services system.(D) The compiled data shall be posted so that it is available to the public on the existing internet website of the office.(E) Nothing shall preclude the office from issuing data, findings, or reports other than the annual compilation of data described in this paragraph.(8) Have access to copies of any record of a state agency, local agency, or regional center, and contractors or vendors with the state agency, local agencies, and regional centers that is necessary to carry out their responsibilities, and may meet or communicate with any consumer in their placement or elsewhere.(b) The office may establish, in consultation with a committee of interested individuals, regional or local Lanterman ombudsperson offices for the purposes of expediting investigations and resolving complaints, subject to appropriations in the annual Budget Act.(c) (1) Information obtained by the office from a complaint, regardless of whether it is investigated by the office, referred to another entity for investigation, or determined not to be the proper subject of an investigation, shall remain confidential under relevant state and federal confidentiality laws. Disclosure of information that is not confidential under state and federal confidentiality laws shall occur only as necessary to carry out the mission of the office, including as necessary to provide explanation and support for the offices recommendations for improving the developmental services system to the Legislature and state and local agencies that provide services and supports to consumers of regional center services.(2) The ombudsperson shall maintain confidentiality with respect to the identities of the complainants or witnesses coming before them, except insofar as disclosure may be necessary to enable the ombudsperson to carry out the duties of the office set forth in paragraphs (2) to (5), inclusive, of subdivision (a). The ombudsperson may not disclose a record that is confidential under relevant state and federal confidentiality laws.(3) If a consumer is represented by a conservator, legal guardian, or counsel, the office may notify the conservator, legal guardian, or counsel of a complaint in order for those entities to satisfy their obligations specified in this division. Notifying these entities of an investigation shall not limit the ombudspersons ability to investigate or resolve a complaint or take any other action authorized by this section. If appropriate, the office may also share the outcome of any investigation performed by the office with the consumers conservator, legal guardian, or counsel.(d) The office shall provide administrative and technical assistance to regional or local Lanterman ombudspersons offices, including, but not limited to, assistance in developing policies and procedures consistent with the policies and procedures used by the office.(e) (1) The office, in consultation with the Association of Regional Center Agencies, the State Council on Developmental Disabilities, tribes located in the state, consumer advocates, provider organizations, and other interested parties, shall develop standardized information explaining the rights specified in Section 4502. The information shall be developed in an accessible manner, and shall reflect any relevant licensing requirements with respect to providers responsibilities to adequately provide care for consumers of developmental services.(2) The office, regional centers, service providers, vendors, and others shall use the information developed in paragraph (1) in carrying out their responsibilities to inform consumers, or if appropriate, their parents, legal guardians, conservator, or authorized representative, of their rights pursuant to Section 4502.(3) The office shall measure the distribution of the standardized materials for purposes of evaluating and improving the degree to which consumers of developmental services are adequately informed of their rights. This data shall be included in the compilation prepared pursuant to paragraph (7) of subdivision (a). |
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| 105 | 105 | | |
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| 106 | 106 | | |
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| 107 | 107 | | |
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| 108 | 108 | | 4506.4. (a) The Office of the Lanterman Ombudsperson shall do all of the following: |
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| 109 | 109 | | |
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| 110 | 110 | | (1) (A) Disseminate information and provide training and technical assistance to consumers of developmental services, family members, regional center staff, tribes, advocacy groups, consumer and service provider organizations, and other interested parties on the rights of persons with developmental disabilities and services provided by the office. The information shall include methods of contacting the office and notification that conversations with the office may be disclosed to other persons, as necessary, to adequately investigate and resolve a complaint. The information and training shall include information about the rights of persons with developmental disabilities under this division, including the rights specified in Chapter 1.3 (commencing with Section 4502) and the Self-Determination Program under Section 4685.8. |
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| 111 | 111 | | |
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| 112 | 112 | | (B) Commencing on January, 1, 2028, at the end of every two-year legislative session, review amendments to the laws applicable to consumers of developmental services and determine whether updates to the rights should be recommended in the compilation prepared pursuant to paragraph (7). The office shall update the standardized information prepared pursuant to paragraph (1) of subdivision (e), and any training materials prepared pursuant to subparagraph (A), in accordance with the legislative review. |
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| 113 | 113 | | |
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| 114 | 114 | | (2) Receive complaints made by or on behalf of consumers of developmental services, related to their care, placement, or services. |
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| 115 | 115 | | |
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| 116 | 116 | | (3) Decide, in its discretion, whether to investigate a complaint, or refer complaints to another agency for investigation. After rendering a decision to investigate a complaint, attempt to resolve the complaint without using a judicial or administrative proceeding, including attempting to facilitate solutions to disagreements about eligibility and services. |
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| 117 | 117 | | |
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| 118 | 118 | | (4) Upon rendering a decision to investigate a complaint from a complainant, notify the complainant of the intention to investigate. If the office declines to investigate a complaint or continue an investigation, the office shall notify the complainant of the reason for the action of the office. |
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| 119 | 119 | | |
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| 120 | 120 | | (5) Update the complainant on the progress of the investigation and the attempts to resolve the complaint, and notify the complainant of the final outcome. |
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| 121 | 121 | | |
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| 122 | 122 | | (6) Document the number, source, origin, location, and nature of complaints. |
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| 123 | 123 | | |
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| 124 | 124 | | (7) (A) Compile and make available to the Legislature all data collected over the course of the year, including, but not limited to, the number of contacts to the office, the number of complaints made, including the type and source of those complaints, the number of investigations performed by the office, the trends and issues that arose in the course of investigating complaints, the number of referrals made, the number of pending complaints. The office shall include recommendations consistent with this data for improving the developmental services system. |
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| 125 | 125 | | |
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| 126 | 126 | | (B) Present this compiled data, on an annual basis, at appropriate conferences, forums, and other events, as determined by the department, that may include presentations to, but are not limited to, representatives of the Legislature, the Association of Regional Center Agencies, the State Council on Developmental Disabilities, tribes, developmental services organizations, advocacy groups, consumer and service provider organizations, and other interested parties. |
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| 127 | 127 | | |
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| 128 | 128 | | (C) It is the intent of the Legislature that representatives of the organizations described in subparagraph (B) consider this data in the development of any recommendations offered toward improving the developmental services system. |
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| 129 | 129 | | |
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| 130 | 130 | | (D) The compiled data shall be posted so that it is available to the public on the existing internet website of the office. |
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| 131 | 131 | | |
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| 132 | 132 | | (E) Nothing shall preclude the office from issuing data, findings, or reports other than the annual compilation of data described in this paragraph. |
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| 133 | 133 | | |
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| 134 | 134 | | (8) Have access to copies of any record of a state agency, local agency, or regional center, and contractors or vendors with the state agency, local agencies, and regional centers that is necessary to carry out their responsibilities, and may meet or communicate with any consumer in their placement or elsewhere. |
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| 135 | 135 | | |
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| 136 | 136 | | (b) The office may establish, in consultation with a committee of interested individuals, regional or local Lanterman ombudsperson offices for the purposes of expediting investigations and resolving complaints, subject to appropriations in the annual Budget Act. |
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| 137 | 137 | | |
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| 138 | 138 | | (c) (1) Information obtained by the office from a complaint, regardless of whether it is investigated by the office, referred to another entity for investigation, or determined not to be the proper subject of an investigation, shall remain confidential under relevant state and federal confidentiality laws. Disclosure of information that is not confidential under state and federal confidentiality laws shall occur only as necessary to carry out the mission of the office, including as necessary to provide explanation and support for the offices recommendations for improving the developmental services system to the Legislature and state and local agencies that provide services and supports to consumers of regional center services. |
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| 139 | 139 | | |
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| 140 | 140 | | (2) The ombudsperson shall maintain confidentiality with respect to the identities of the complainants or witnesses coming before them, except insofar as disclosure may be necessary to enable the ombudsperson to carry out the duties of the office set forth in paragraphs (2) to (5), inclusive, of subdivision (a). The ombudsperson may not disclose a record that is confidential under relevant state and federal confidentiality laws. |
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| 141 | 141 | | |
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| 142 | 142 | | (3) If a consumer is represented by a conservator, legal guardian, or counsel, the office may notify the conservator, legal guardian, or counsel of a complaint in order for those entities to satisfy their obligations specified in this division. Notifying these entities of an investigation shall not limit the ombudspersons ability to investigate or resolve a complaint or take any other action authorized by this section. If appropriate, the office may also share the outcome of any investigation performed by the office with the consumers conservator, legal guardian, or counsel. |
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| 143 | 143 | | |
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| 144 | 144 | | (d) The office shall provide administrative and technical assistance to regional or local Lanterman ombudspersons offices, including, but not limited to, assistance in developing policies and procedures consistent with the policies and procedures used by the office. |
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| 145 | 145 | | |
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| 146 | 146 | | (e) (1) The office, in consultation with the Association of Regional Center Agencies, the State Council on Developmental Disabilities, tribes located in the state, consumer advocates, provider organizations, and other interested parties, shall develop standardized information explaining the rights specified in Section 4502. The information shall be developed in an accessible manner, and shall reflect any relevant licensing requirements with respect to providers responsibilities to adequately provide care for consumers of developmental services. |
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| 147 | 147 | | |
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| 148 | 148 | | (2) The office, regional centers, service providers, vendors, and others shall use the information developed in paragraph (1) in carrying out their responsibilities to inform consumers, or if appropriate, their parents, legal guardians, conservator, or authorized representative, of their rights pursuant to Section 4502. |
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| 149 | 149 | | |
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| 150 | 150 | | (3) The office shall measure the distribution of the standardized materials for purposes of evaluating and improving the degree to which consumers of developmental services are adequately informed of their rights. This data shall be included in the compilation prepared pursuant to paragraph (7) of subdivision (a). |
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| 151 | 151 | | |
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| 152 | 152 | | 4506.5. As part of the offices efforts to resolve complaints related to the developmental services system, the ombudsperson may do all of the following:(a) Establish policies and procedures for receiving and processing complaints, conducting investigations, and reporting findings.(b) Develop and maintain a page on the departments internet website with information about the office, how to access the office, including via an online portal to submit questions and complaints, general information about this division and regional centers, and links to relevant materials.(c) Conduct whatever investigation reasonably related to the complaint and to developmental services that the ombudsperson deems necessary, including, but not limited to, both of the following:(1) Access to, and inspection of, premises within the control of a state agency, local agency, or a regional center, or a contractor or vendor with a state agency, local agency, or regional center, and access to, and inspection of, a licensed or approved residential facility, at any time, with or without prior notice, for the purpose of carrying out the duties of the office. The ombudsperson shall be granted access to records and residents at all times for the purpose of carrying out the duties of the office.(A) For purposes of this section, access means the right to do all of the following:(i) Enter any licensed or approved developmental services residential facility, upon providing identification. A private home may be entered only with consent of the consumer or their legal representative.(ii) Communicate privately and without restriction with any resident, caregiver, staff, personnel, or volunteer.(iii) Review and copy any consumer record or caregiver file.(iv) Observe all resident and staff areas of a facility.(v) Review and reproduce administrative records, policies, and documents of any licensed or approved developmental services care facility.(vi) Review and copy all licensing records maintained by the state, county, or agency, and review and reproduce any records of a state, county, or local agency and their contractors, except sealed court records, which may be obtained only by subpoena or other lawful court order.(vii) Interview all relevant witnesses.(B) For purposes of this section, record means a document, paper, memorandum, book, letter, file, drawing, map, plat, photo, photographic file, motion picture, film, microfilm, microphotograph, exhibit, magnetic or paper tape, punched card, or other item developed or received under law or in connection with the transaction of official business, but does not include material that is protected by privilege.(2) Observe proceedings and attend hearings, consistent with this division.(d) Attempt to resolve the complaint.(e) Submit a written plan to the relevant state agency, local agency, or regional center, or a contractor or vendor with the state agency, local agency, or regional center, recommending a course of action to resolve the complaint. If the ombudsperson makes a written recommendation, the state agency, regional center, or vendor or contractor, shall submit a written response to the ombudsperson within 30 calendar days. |
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| 153 | 153 | | |
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| 154 | 154 | | |
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| 155 | 155 | | |
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| 156 | 156 | | 4506.5. As part of the offices efforts to resolve complaints related to the developmental services system, the ombudsperson may do all of the following: |
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| 157 | 157 | | |
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| 158 | 158 | | (a) Establish policies and procedures for receiving and processing complaints, conducting investigations, and reporting findings. |
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| 159 | 159 | | |
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| 160 | 160 | | (b) Develop and maintain a page on the departments internet website with information about the office, how to access the office, including via an online portal to submit questions and complaints, general information about this division and regional centers, and links to relevant materials. |
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| 161 | 161 | | |
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| 162 | 162 | | (c) Conduct whatever investigation reasonably related to the complaint and to developmental services that the ombudsperson deems necessary, including, but not limited to, both of the following: |
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| 163 | 163 | | |
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| 164 | 164 | | (1) Access to, and inspection of, premises within the control of a state agency, local agency, or a regional center, or a contractor or vendor with a state agency, local agency, or regional center, and access to, and inspection of, a licensed or approved residential facility, at any time, with or without prior notice, for the purpose of carrying out the duties of the office. The ombudsperson shall be granted access to records and residents at all times for the purpose of carrying out the duties of the office. |
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| 165 | 165 | | |
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| 166 | 166 | | (A) For purposes of this section, access means the right to do all of the following: |
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| 167 | 167 | | |
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| 168 | 168 | | (i) Enter any licensed or approved developmental services residential facility, upon providing identification. A private home may be entered only with consent of the consumer or their legal representative. |
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| 169 | 169 | | |
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| 170 | 170 | | (ii) Communicate privately and without restriction with any resident, caregiver, staff, personnel, or volunteer. |
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| 171 | 171 | | |
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| 172 | 172 | | (iii) Review and copy any consumer record or caregiver file. |
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| 173 | 173 | | |
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| 174 | 174 | | (iv) Observe all resident and staff areas of a facility. |
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| 175 | 175 | | |
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| 176 | 176 | | (v) Review and reproduce administrative records, policies, and documents of any licensed or approved developmental services care facility. |
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| 177 | 177 | | |
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| 178 | 178 | | (vi) Review and copy all licensing records maintained by the state, county, or agency, and review and reproduce any records of a state, county, or local agency and their contractors, except sealed court records, which may be obtained only by subpoena or other lawful court order. |
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| 179 | 179 | | |
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| 180 | 180 | | (vii) Interview all relevant witnesses. |
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| 181 | 181 | | |
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| 182 | 182 | | (B) For purposes of this section, record means a document, paper, memorandum, book, letter, file, drawing, map, plat, photo, photographic file, motion picture, film, microfilm, microphotograph, exhibit, magnetic or paper tape, punched card, or other item developed or received under law or in connection with the transaction of official business, but does not include material that is protected by privilege. |
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| 183 | 183 | | |
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| 184 | 184 | | (2) Observe proceedings and attend hearings, consistent with this division. |
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| 185 | 185 | | |
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| 186 | 186 | | (d) Attempt to resolve the complaint. |
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| 187 | 187 | | |
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| 188 | 188 | | (e) Submit a written plan to the relevant state agency, local agency, or regional center, or a contractor or vendor with the state agency, local agency, or regional center, recommending a course of action to resolve the complaint. If the ombudsperson makes a written recommendation, the state agency, regional center, or vendor or contractor, shall submit a written response to the ombudsperson within 30 calendar days. |
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| 189 | 189 | | |
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| 190 | 190 | | 4506.6. In order to encourage candor during the ombudspersons investigation of complaints made by or on behalf of a consumer of developmental services and to facilitate the ombudspersons ability to resolve complaints, all of the following shall apply:(a) The ombudsperson and staff of the ombudsperson shall not be compelled to testify or be deposed in a judicial or administrative proceeding regarding matters coming to their attention in the exercise of their official duties, except as may be necessary to enforce or implement this chapter.(b) The records of the ombudsperson and the staff of the ombudsperson, including notes, drafts, and records obtained from an individual or agency during the intake, review, or investigation of a complaint, and any reports not released to the public shall not be subject to disclosure or production in response to a subpoena or discovery in a judicial or administrative proceeding, except as necessary to enforce or implement the provisions of this chapter.(c) When exercising the investigative, complaint resolution, and technical assistance functions of the Office of the Lanterman Ombudsperson, the ombudsperson and staff of the ombudsperson shall have all immunities under Article 2 (commencing with Section 815) of Chapter 1 of Part 2 of Division 3.6 of Title 1 of the Government Code afforded to the discharge of discretionary duties by public entities and their employees.(d) If the ombudsperson believes, based on information received during the exercise of their official duties, that there is a breach of duty or misconduct by an employee of a state agency, local agency, regional center, or their contractors or vendors, in the conduct of the employees official duties, the ombudsperson shall refer the matter to the regional center or vendors director, or other responsible officer, and if the conduct would constitute a crime, to an appropriate law enforcement body or agency. |
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| 191 | 191 | | |
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| 192 | 192 | | |
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| 193 | 193 | | |
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| 194 | 194 | | 4506.6. In order to encourage candor during the ombudspersons investigation of complaints made by or on behalf of a consumer of developmental services and to facilitate the ombudspersons ability to resolve complaints, all of the following shall apply: |
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| 195 | 195 | | |
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| 196 | 196 | | (a) The ombudsperson and staff of the ombudsperson shall not be compelled to testify or be deposed in a judicial or administrative proceeding regarding matters coming to their attention in the exercise of their official duties, except as may be necessary to enforce or implement this chapter. |
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| 197 | 197 | | |
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| 198 | 198 | | (b) The records of the ombudsperson and the staff of the ombudsperson, including notes, drafts, and records obtained from an individual or agency during the intake, review, or investigation of a complaint, and any reports not released to the public shall not be subject to disclosure or production in response to a subpoena or discovery in a judicial or administrative proceeding, except as necessary to enforce or implement the provisions of this chapter. |
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| 199 | 199 | | |
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| 200 | 200 | | (c) When exercising the investigative, complaint resolution, and technical assistance functions of the Office of the Lanterman Ombudsperson, the ombudsperson and staff of the ombudsperson shall have all immunities under Article 2 (commencing with Section 815) of Chapter 1 of Part 2 of Division 3.6 of Title 1 of the Government Code afforded to the discharge of discretionary duties by public entities and their employees. |
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| 201 | 201 | | |
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| 202 | 202 | | (d) If the ombudsperson believes, based on information received during the exercise of their official duties, that there is a breach of duty or misconduct by an employee of a state agency, local agency, regional center, or their contractors or vendors, in the conduct of the employees official duties, the ombudsperson shall refer the matter to the regional center or vendors director, or other responsible officer, and if the conduct would constitute a crime, to an appropriate law enforcement body or agency. |
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| 203 | 203 | | |
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| 204 | 204 | | 4506.7. (a) The office shall establish a toll-free number.(b) Regional center case managers shall provide consumers, and, if appropriate, their parents, legal guardians, conservator or authorized representative, with the toll-free telephone number for the office and verbal or written information regarding the existence and purpose of the office during the annual individualized program plan or individual family service plan meetings. |
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| 205 | 205 | | |
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| 206 | 206 | | |
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| 207 | 207 | | |
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| 208 | 208 | | 4506.7. (a) The office shall establish a toll-free number. |
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| 209 | 209 | | |
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| 210 | 210 | | (b) Regional center case managers shall provide consumers, and, if appropriate, their parents, legal guardians, conservator or authorized representative, with the toll-free telephone number for the office and verbal or written information regarding the existence and purpose of the office during the annual individualized program plan or individual family service plan meetings. |
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| 211 | 211 | | |
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| 212 | 212 | | SEC. 2. Section 4685.9 of the Welfare and Institutions Code is amended to read:4685.9. (a) The department shall establish an Office of the Self-Determination Program Ombudsperson. This office shall be overseen by the Lanterman Ombudsperson described in Section 4506.1.(b) The Office of the Self-Determination Program Ombudsperson shall be headed by an individual, to be known as the Self-Determination Program Ombudsperson. As soon as is practicable, the Director of the Department of Developmental Services shall appoint an ombudsperson qualified by training and experience to perform the duties of the office for a term of four years. The director may reappoint the ombudsperson for consecutive terms. The director shall appoint an ombudsperson using the process specified in 4506.2. The ombudsperson shall report to the Lanterman Ombudsperson.(c) The office shall be an independent and autonomous entity within the department for the purpose of monitoring the implementation of Section 4685.8 and to assist regional center clients and Self-Determination Program consumers and their families to participate fully in the Self-Determination Program Program, as authorized pursuant to Section 4685.8(d) The office shall have all of the following rights and duties: rights, authority, responsibilities, and duties conveyed to the Lanterman Ombudsperson specified in Chapter 1.4 (commencing with Section 4506) for matters pertaining to the Self-Determination Program. To the degree that it is practicable, the required reports, notices, outreach, and other duties of the office may be done in conjunction with the activities of the Lanterman Ombudsperson.(1)Providing information and assisting regional center consumers and their families in understanding their rights under the Self-Determination Program, including the process, goals, and objectives of the program and facilitating solutions to disagreements regarding eligibility and services.(2)Deciding whether to investigate complaints regarding the implementation of the Self-Determination Program, and recommending to the department strategies for change and improvement of the Self-Determination Program. Disclosure of information shall occur only as necessary to carry out the mission of the office and as permitted by law.(3)Annually compiling and reporting to the appropriate policy and fiscal committees of the Legislature relevant data collected over the course of the year, including, but not limited to, the number of contacts to the office, the number of complaints made, including the type of those complaints, the number of investigations performed by the office, the trends and issues that arose in the course of investigating complaints, the number of referrals made, and the number of pending complaints.(4)Recommending to the department and the Legislature changes to, including, but not limited to, relevant laws, regulations, policies, and actions that it determines to be appropriate and provide and facilitate public comment on, including, but not limited to, relevant laws, regulations, policies, and actions.(5)Establishing a dedicated telephone number at which regional center consumers and other stakeholders may contact the office.(e)The department shall include, on the portion of its internet website dedicated to the Self-Determination Program, a link to the internet website of the office. |
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| 213 | 213 | | |
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| 214 | 214 | | SEC. 2. Section 4685.9 of the Welfare and Institutions Code is amended to read: |
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| 215 | 215 | | |
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| 216 | 216 | | ### SEC. 2. |
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| 217 | 217 | | |
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| 218 | 218 | | 4685.9. (a) The department shall establish an Office of the Self-Determination Program Ombudsperson. This office shall be overseen by the Lanterman Ombudsperson described in Section 4506.1.(b) The Office of the Self-Determination Program Ombudsperson shall be headed by an individual, to be known as the Self-Determination Program Ombudsperson. As soon as is practicable, the Director of the Department of Developmental Services shall appoint an ombudsperson qualified by training and experience to perform the duties of the office for a term of four years. The director may reappoint the ombudsperson for consecutive terms. The director shall appoint an ombudsperson using the process specified in 4506.2. The ombudsperson shall report to the Lanterman Ombudsperson.(c) The office shall be an independent and autonomous entity within the department for the purpose of monitoring the implementation of Section 4685.8 and to assist regional center clients and Self-Determination Program consumers and their families to participate fully in the Self-Determination Program Program, as authorized pursuant to Section 4685.8(d) The office shall have all of the following rights and duties: rights, authority, responsibilities, and duties conveyed to the Lanterman Ombudsperson specified in Chapter 1.4 (commencing with Section 4506) for matters pertaining to the Self-Determination Program. To the degree that it is practicable, the required reports, notices, outreach, and other duties of the office may be done in conjunction with the activities of the Lanterman Ombudsperson.(1)Providing information and assisting regional center consumers and their families in understanding their rights under the Self-Determination Program, including the process, goals, and objectives of the program and facilitating solutions to disagreements regarding eligibility and services.(2)Deciding whether to investigate complaints regarding the implementation of the Self-Determination Program, and recommending to the department strategies for change and improvement of the Self-Determination Program. Disclosure of information shall occur only as necessary to carry out the mission of the office and as permitted by law.(3)Annually compiling and reporting to the appropriate policy and fiscal committees of the Legislature relevant data collected over the course of the year, including, but not limited to, the number of contacts to the office, the number of complaints made, including the type of those complaints, the number of investigations performed by the office, the trends and issues that arose in the course of investigating complaints, the number of referrals made, and the number of pending complaints.(4)Recommending to the department and the Legislature changes to, including, but not limited to, relevant laws, regulations, policies, and actions that it determines to be appropriate and provide and facilitate public comment on, including, but not limited to, relevant laws, regulations, policies, and actions.(5)Establishing a dedicated telephone number at which regional center consumers and other stakeholders may contact the office.(e)The department shall include, on the portion of its internet website dedicated to the Self-Determination Program, a link to the internet website of the office. |
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| 219 | 219 | | |
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| 220 | 220 | | 4685.9. (a) The department shall establish an Office of the Self-Determination Program Ombudsperson. This office shall be overseen by the Lanterman Ombudsperson described in Section 4506.1.(b) The Office of the Self-Determination Program Ombudsperson shall be headed by an individual, to be known as the Self-Determination Program Ombudsperson. As soon as is practicable, the Director of the Department of Developmental Services shall appoint an ombudsperson qualified by training and experience to perform the duties of the office for a term of four years. The director may reappoint the ombudsperson for consecutive terms. The director shall appoint an ombudsperson using the process specified in 4506.2. The ombudsperson shall report to the Lanterman Ombudsperson.(c) The office shall be an independent and autonomous entity within the department for the purpose of monitoring the implementation of Section 4685.8 and to assist regional center clients and Self-Determination Program consumers and their families to participate fully in the Self-Determination Program Program, as authorized pursuant to Section 4685.8(d) The office shall have all of the following rights and duties: rights, authority, responsibilities, and duties conveyed to the Lanterman Ombudsperson specified in Chapter 1.4 (commencing with Section 4506) for matters pertaining to the Self-Determination Program. To the degree that it is practicable, the required reports, notices, outreach, and other duties of the office may be done in conjunction with the activities of the Lanterman Ombudsperson.(1)Providing information and assisting regional center consumers and their families in understanding their rights under the Self-Determination Program, including the process, goals, and objectives of the program and facilitating solutions to disagreements regarding eligibility and services.(2)Deciding whether to investigate complaints regarding the implementation of the Self-Determination Program, and recommending to the department strategies for change and improvement of the Self-Determination Program. Disclosure of information shall occur only as necessary to carry out the mission of the office and as permitted by law.(3)Annually compiling and reporting to the appropriate policy and fiscal committees of the Legislature relevant data collected over the course of the year, including, but not limited to, the number of contacts to the office, the number of complaints made, including the type of those complaints, the number of investigations performed by the office, the trends and issues that arose in the course of investigating complaints, the number of referrals made, and the number of pending complaints.(4)Recommending to the department and the Legislature changes to, including, but not limited to, relevant laws, regulations, policies, and actions that it determines to be appropriate and provide and facilitate public comment on, including, but not limited to, relevant laws, regulations, policies, and actions.(5)Establishing a dedicated telephone number at which regional center consumers and other stakeholders may contact the office.(e)The department shall include, on the portion of its internet website dedicated to the Self-Determination Program, a link to the internet website of the office. |
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| 221 | 221 | | |
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| 222 | 222 | | 4685.9. (a) The department shall establish an Office of the Self-Determination Program Ombudsperson. This office shall be overseen by the Lanterman Ombudsperson described in Section 4506.1.(b) The Office of the Self-Determination Program Ombudsperson shall be headed by an individual, to be known as the Self-Determination Program Ombudsperson. As soon as is practicable, the Director of the Department of Developmental Services shall appoint an ombudsperson qualified by training and experience to perform the duties of the office for a term of four years. The director may reappoint the ombudsperson for consecutive terms. The director shall appoint an ombudsperson using the process specified in 4506.2. The ombudsperson shall report to the Lanterman Ombudsperson.(c) The office shall be an independent and autonomous entity within the department for the purpose of monitoring the implementation of Section 4685.8 and to assist regional center clients and Self-Determination Program consumers and their families to participate fully in the Self-Determination Program Program, as authorized pursuant to Section 4685.8(d) The office shall have all of the following rights and duties: rights, authority, responsibilities, and duties conveyed to the Lanterman Ombudsperson specified in Chapter 1.4 (commencing with Section 4506) for matters pertaining to the Self-Determination Program. To the degree that it is practicable, the required reports, notices, outreach, and other duties of the office may be done in conjunction with the activities of the Lanterman Ombudsperson.(1)Providing information and assisting regional center consumers and their families in understanding their rights under the Self-Determination Program, including the process, goals, and objectives of the program and facilitating solutions to disagreements regarding eligibility and services.(2)Deciding whether to investigate complaints regarding the implementation of the Self-Determination Program, and recommending to the department strategies for change and improvement of the Self-Determination Program. Disclosure of information shall occur only as necessary to carry out the mission of the office and as permitted by law.(3)Annually compiling and reporting to the appropriate policy and fiscal committees of the Legislature relevant data collected over the course of the year, including, but not limited to, the number of contacts to the office, the number of complaints made, including the type of those complaints, the number of investigations performed by the office, the trends and issues that arose in the course of investigating complaints, the number of referrals made, and the number of pending complaints.(4)Recommending to the department and the Legislature changes to, including, but not limited to, relevant laws, regulations, policies, and actions that it determines to be appropriate and provide and facilitate public comment on, including, but not limited to, relevant laws, regulations, policies, and actions.(5)Establishing a dedicated telephone number at which regional center consumers and other stakeholders may contact the office.(e)The department shall include, on the portion of its internet website dedicated to the Self-Determination Program, a link to the internet website of the office. |
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| 223 | 223 | | |
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| 224 | 224 | | |
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| 225 | 225 | | |
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| 226 | 226 | | 4685.9. (a) The department shall establish an Office of the Self-Determination Program Ombudsperson. This office shall be overseen by the Lanterman Ombudsperson described in Section 4506.1. |
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| 227 | 227 | | |
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| 228 | 228 | | (b) The Office of the Self-Determination Program Ombudsperson shall be headed by an individual, to be known as the Self-Determination Program Ombudsperson. As soon as is practicable, the Director of the Department of Developmental Services shall appoint an ombudsperson qualified by training and experience to perform the duties of the office for a term of four years. The director may reappoint the ombudsperson for consecutive terms. The director shall appoint an ombudsperson using the process specified in 4506.2. The ombudsperson shall report to the Lanterman Ombudsperson. |
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| 229 | 229 | | |
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| 230 | 230 | | (c) The office shall be an independent and autonomous entity within the department for the purpose of monitoring the implementation of Section 4685.8 and to assist regional center clients and Self-Determination Program consumers and their families to participate fully in the Self-Determination Program Program, as authorized pursuant to Section 4685.8 |
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| 231 | 231 | | |
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| 232 | 232 | | (d) The office shall have all of the following rights and duties: rights, authority, responsibilities, and duties conveyed to the Lanterman Ombudsperson specified in Chapter 1.4 (commencing with Section 4506) for matters pertaining to the Self-Determination Program. To the degree that it is practicable, the required reports, notices, outreach, and other duties of the office may be done in conjunction with the activities of the Lanterman Ombudsperson. |
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| 233 | 233 | | |
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| 234 | 234 | | (1)Providing information and assisting regional center consumers and their families in understanding their rights under the Self-Determination Program, including the process, goals, and objectives of the program and facilitating solutions to disagreements regarding eligibility and services. |
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| 235 | 235 | | |
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| 236 | 236 | | |
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| 237 | 237 | | |
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| 238 | 238 | | (2)Deciding whether to investigate complaints regarding the implementation of the Self-Determination Program, and recommending to the department strategies for change and improvement of the Self-Determination Program. Disclosure of information shall occur only as necessary to carry out the mission of the office and as permitted by law. |
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| 239 | 239 | | |
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| 240 | 240 | | |
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| 241 | 241 | | |
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| 242 | 242 | | (3)Annually compiling and reporting to the appropriate policy and fiscal committees of the Legislature relevant data collected over the course of the year, including, but not limited to, the number of contacts to the office, the number of complaints made, including the type of those complaints, the number of investigations performed by the office, the trends and issues that arose in the course of investigating complaints, the number of referrals made, and the number of pending complaints. |
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| 243 | 243 | | |
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| 244 | 244 | | |
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| 245 | 245 | | |
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| 246 | 246 | | (4)Recommending to the department and the Legislature changes to, including, but not limited to, relevant laws, regulations, policies, and actions that it determines to be appropriate and provide and facilitate public comment on, including, but not limited to, relevant laws, regulations, policies, and actions. |
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| 247 | 247 | | |
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| 248 | 248 | | |
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| 249 | 249 | | |
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| 250 | 250 | | (5)Establishing a dedicated telephone number at which regional center consumers and other stakeholders may contact the office. |
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| 251 | 251 | | |
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| 252 | 252 | | |
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| 253 | 253 | | |
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| 254 | 254 | | (e)The department shall include, on the portion of its internet website dedicated to the Self-Determination Program, a link to the internet website of the office. |
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| 255 | 255 | | |
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| 256 | 256 | | |
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| 257 | 257 | | |
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| 258 | 258 | | SEC. 3. The Legislature finds and declares that Section 1 of this act, which adds Section 4506.5 to the Welfare and Institutions Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:In order to protect the confidentiality of consumers of developmental services, it is necessary to maintain the confidentiality of the records described in Section 4506.5. |
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| 259 | 259 | | |
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| 260 | 260 | | SEC. 3. The Legislature finds and declares that Section 1 of this act, which adds Section 4506.5 to the Welfare and Institutions Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:In order to protect the confidentiality of consumers of developmental services, it is necessary to maintain the confidentiality of the records described in Section 4506.5. |
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| 261 | 261 | | |
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| 262 | 262 | | SEC. 3. The Legislature finds and declares that Section 1 of this act, which adds Section 4506.5 to the Welfare and Institutions Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest: |
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| 263 | 263 | | |
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| 264 | 264 | | ### SEC. 3. |
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| 265 | 265 | | |
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| 266 | 266 | | In order to protect the confidentiality of consumers of developmental services, it is necessary to maintain the confidentiality of the records described in Section 4506.5. |
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