4500. This division shall be known and may be cited as the
Lanterman Developmental Disabilities Services Act.
4500.5. The Legislature makes the following findings regarding the
State of California's responsibility to provide services to persons
with developmental disabilities, and the right of those individuals
to receive services, pursuant to this division:
(a) Since the enactment of this division in 1977, the number of
consumers receiving services under this division has substantially
increased and the nature, variety, and types of services necessary to
meet the needs of the consumers and their families have also
changed. Over the years the concept of service delivery has undergone
numerous revisions. Services that were once deemed desirable by
consumers and families may now no longer be appropriate, or the means
of service delivery may be outdated.
(b) As a result of the increased demands for services and changes
in the methods in which those services are provided to consumers and
their families, the value statements and principles contained in this
division should be updated.
(c) It is the intent of the Legislature, in enacting the act that
added this section, to update existing law; clarify the role of
consumers and their families in determining service needs; and to
describe more fully service options available to consumers and their
families, pursuant to the individual program plan. Nothing in these
provisions shall be construed to expand the existing entitlement to
services for persons with developmental disabilities set forth in
this division.
(d) It is the intent of the Legislature that the department
monitor regional centers so that an individual consumer eligible for
services and supports under this division receive the services and
supports identified in his or her individual program plan.
4501. The State of California accepts a responsibility for persons
with developmental disabilities and an obligation to them which it
must discharge. Affecting hundreds of thousands of children and
adults directly, and having an important impact on the lives of their
families, neighbors, and whole communities, developmental
disabilities present social, medical, economic, and legal problems of
extreme importance.
The complexities of providing services and supports to persons
with developmental disabilities requires the coordination of services
of many state departments and community agencies to ensure that no
gaps occur in communication or provision of services and supports. A
consumer of services and supports, and where appropriate, his or her
parents, legal guardian, or conservator, shall have a leadership role
in service design.
An array of services and supports should be established which is
sufficiently complete to meet the needs and choices of each person
with developmental disabilities, regardless of age or degree of
disability, and at each stage of life and to support their
integration into the mainstream life of the community. To the maximum
extent feasible, services and supports should be available
throughout the state to prevent the dislocation of persons with
developmental disabilities from their home communities.
Services and supports should be available to enable persons with
developmental disabilities to approximate the pattern of everyday
living available to people without disabilities of the same age.
Consumers of services and supports, and where appropriate, their
parents, legal guardian, or conservator, should be empowered to make
choices in all life areas. These include promoting opportunities for
individuals with developmental disabilities to be integrated into the
mainstream of life in their home communities, including supported
living and other appropriate community living arrangements. In
providing these services, consumers and their families, when
appropriate, should participate in decisions affecting their own
lives, including, but not limited to, where and with whom they live,
their relationships with people in their community, the way in which
they spend their time, including education, employment, and leisure,
the pursuit of their own personal future, and program planning and
implementation. The contributions made by parents and family members
in support of their children and relatives with developmental
disabilities are important and those relationships should also be
respected and fostered, to the maximum extent feasible, so that
consumers and their families can build circles of support within the
community.
The Legislature finds that the mere existence or the delivery of
services and supports is, in itself, insufficient evidence of program
effectiveness. It is the intent of the Legislature that agencies
serving persons with developmental disabilities shall produce
evidence that their services have resulted in consumer or family
empowerment and in more independent, productive, and normal lives for
the persons served. It is further the intent of the Legislature that
the Department of Developmental Services, through appropriate and
regular monitoring activities, ensure that regional centers meet
their statutory, regulatory, and contractual obligations in providing
services to persons with developmental disabilities. The Legislature
declares its intent to monitor program results through continued
legislative oversight and review of requests for appropriations to
support developmental disabilities programs.
4501.5. In counties where State Department of Developmental
Services hospitals are located, the state hospitals shall ensure that
appropriate special education and related services, pursuant to
Chapter 8 (commencing with Section 56850) of Part 30 of the Education
Code, are provided eligible individuals with exceptional needs
residing in state hospitals.
4502. Persons with developmental disabilities have the same legal
rights and responsibilities guaranteed all other individuals by the
United States Constitution and laws and the Constitution and laws of
the State of California. No otherwise qualified person by reason of
having a developmental disability shall be excluded from
participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity, which receives public
funds.
It is the intent of the Legislature that persons with
developmental disabilities shall have rights including, but not
limited to, the following:
(a) A right to treatment and habilitation services and supports in
the least restrictive environment. Treatment and habilitation
services and supports should foster the developmental potential of
the person and be directed toward the achievement of the most
independent, productive, and normal lives possible. Such services
shall protect the personal liberty of the individual and shall be
provided with the least restrictive conditions necessary to achieve
the purposes of the treatment, services, or supports.
(b) A right to dignity, privacy, and humane care. To the maximum
extent possible, treatment, services, and supports shall be provided
in natural community settings.
(c) A right to participate in an appropriate program of publicly
supported education, regardless of degree of disability.
(d) A right to prompt medical care and treatment.
(e) A right to religious freedom and practice.
(f) A right to social interaction and participation in community
activities.
(g) A right to physical exercise and recreational opportunities.
(h) A right to be free from harm, including unnecessary physical
restraint, or isolation, excessive medication, abuse, or neglect.
(i) A right to be free from hazardous procedures.
(j) A right to make choices in their own lives, including, but not
limited to, where and with whom they live, their relationships with
people in their community, the way they spend their time, including
education, employment, and leisure, the pursuit of their personal
future, and program planning and implementation.
4502.1. The right of individuals with developmental disabilities to
make choices in their own lives requires that all public or private
agencies receiving state funds for the purpose of serving persons
with developmental disabilities, including, but not limited to,
regional centers, shall respect the choices made by consumers or,
where appropriate, their parents, legal guardian, or conservator.
Those public or private agencies shall provide consumers with
opportunities to exercise decisionmaking skills in any aspect of
day-to-day living and shall provide consumers with relevant
information in an understandable form to aid the consumer in making
his or her choice.
4503. Each person with developmental disabilities who has been
admitted or committed to a state hospital, community care facility as
defined in Section 1502 of the Health and Safety Code, or a health
facility as defined in Section 1250 of the Health and Safety Code
shall have the following rights, a list of which shall be prominently
posted in English, Spanish, and other appropriate languages, in all
facilities providing those services and otherwise brought to his or
her attention by any additional means as the Director of
Developmental Services may designate by regulation:
(a) To wear his or her own clothes, to keep and use his or her own
personal possessions including his or her toilet articles, and to
keep and be allowed to spend a reasonable sum of his or her own money
for canteen expenses and small purchases.
(b) To have access to individual storage space for his or her
private use.
(c) To see visitors each day.
(d) To have reasonable access to telephones, both to make and
receive confidential calls.
(e) To have ready access to letterwriting materials, including
stamps, and to mail and receive unopened correspondence.
(f) To refuse electroconvulsive therapy.
(g) To refuse behavior modification techniques which cause pain or
trauma.
(h) To refuse psychosurgery notwithstanding the provisions of
Sections 5325, 5326, and 5326.3. Psychosurgery means those operations
currently referred to as lobotomy, psychiatric surgery, and
behavioral surgery and all other forms of brain surgery if the
surgery is performed for any of the following purposes:
(1) Modification or control of thoughts, feelings, actions, or
behavior rather than the treatment of a known and diagnosed physical
disease of the brain.
(2) Modification of normal brain function or normal brain tissue
in order to control thoughts, feelings, action, or behavior.
(3) Treatment of abnormal brain function or abnormal brain tissue
in order to modify thoughts, feelings, actions, or behavior when the
abnormality is not an established cause for those thoughts, feelings,
actions, or behavior.
(i) To make choices in areas including, but not limited to, his or
her daily living routines, choice of companions, leisure and social
activities, and program planning and implementation.
(j) Other rights, as specified by regulation.
4504. The professional person in charge of the facility or his
designee may, for good cause, deny a person any of the rights
specified under subdivisions (a), (b), (c), (d), and (e) of Section
4503. To ensure that these rights are denied only for good cause, the
Director of Developmental Services shall adopt regulations
specifying the conditions under which they may be denied. Denial of a
person's rights shall in all cases be entered into the person's
treatment record and shall be reported to the Director of
Developmental Services on a quarterly basis. The content of these
records shall enable the Director of Developmental Services to
identify individual treatment records, if necessary, for future
analysis and investigation. These reports shall be available, upon
request, to Members of the Legislature. Information pertaining to
denial of rights contained in the person's treatment record shall be
made available, on request, to the person, his attorney, his parents,
his conservator or guardian, the State Department of Developmental
Services, and Members of the Legislature.
4505. For the purposes of subdivisions (f) and (g) of Section 4503,
if the patient is a minor age 15 years or over, the right to refuse
may be exercised either by the minor or his parent, guardian,
conservator, or other person entitled to his custody.
If the patient or his parent, guardian, conservator, or other
person responsible for his custody do not refuse the forms of
treatment or behavior modification described in subdivisions (f) and
(g) of Section 4503, such treatment and behavior modification may be
provided only after review and approval by a peer review committee.
The Director of Developmental Services shall, by March 1, 1977, adopt
regulations establishing peer review procedures for this purpose.
4507. Developmental disabilities alone shall not constitute
sufficient justification for judicial commitment. Instead, persons
with developmental disabilities shall receive services pursuant to
this division. Persons who constitute a danger to themselves or
others may be judicially committed if evidence of such danger is
proven in court.
4508. Persons with developmental disabilities may be released from
developmental centers for provisional placement, with parental
consent in the case of a minor or with the consent of an adult person
with developmental disabilities or with the consent of the guardian
or conservator of the person with developmental disabilities, not to
exceed twelve months, and shall be referred to a regional center for
services pursuant to this division. Any person placed pursuant to
this section shall have an automatic right of return to the
developmental center during the period of provisional placement.
4509. By January 1, 1977, the Director of Developmental Services
shall compile a roster of all persons who are in the custody of a
state hospital, or on leave therefrom, pursuant to an order of
judicial commitment as a mentally retarded person made prior to
January 1, 1976. The appropriate regional center shall be given a
copy of the names and pertinent records of the judicially committed
retarded persons within its jurisdiction, and shall investigate the
need and propriety of further judicial commitment of such persons
under the provisions of Sections 6500 and 6500.1.
Each regional center shall complete all investigations required by
this section within two years after the roster is submitted. In
conducting its investigations, each regional center shall solicit
information, advice, and recommendations of state hospital personnel
familiar with the person whose needs are being evaluated.
For those persons found by a regional center to no longer require
state hospital care, the regional center shall immediately prepare an
individual program plan pursuant to Sections 4646 and 4648 for the
provision of appropriate alternative services outside the state
hospital.
If such alternative is not immediately available, the regional
center shall give continuing high priority to the location and
development of such services. As part of the program budget
submission required in Section 4776, the regional director shall
include a report specifying:
(a) The number of state hospital residents for whom a community
alternative is deemed more suitable than a state hospital.
(b) The number of residents for whom no placement is made because
of a lack of community services.
(c) The number, type, nature, and cost of community services that
would be necessary in order for placement to occur.
For those persons found to be in continued need of state hospital
care, the regional center shall either admit such person as a
voluntary resident of the state hospital, or shall file a petition
seeking the commitment of those persons for whom commitment is
believed to be appropriate.
4510. The State Department of Developmental Services and the State
Department of Mental Health shall jointly develop and implement a
statewide program for encouraging the establishment of sufficient
numbers and types of living arrangements, both in communities and
state hospitals, as necessary to meet the needs of persons served by
those departments. The departments shall consult with the following
organizations in the development of procedures pursuant to this
section:
(a) The League of California Cities, the County Supervisors
Association of California, and representatives of other local
agencies.
(b) Organizations or advocates for clients receiving services in
residential care services.
(c) Providers of residential care services.
4511. (a) The Legislature finds and declares that meeting the needs
and honoring the choices of persons with developmental disabilities
and their families requires information, skills and coordination and
collaboration between consumers, families, regional centers,
advocates and service and support providers.
(b) The Legislature further finds and declares that innovative and
ongoing training opportunities can enhance the information and
skills necessary and foster improved coordination and cooperation
between system participants.
(c) The department shall be responsible, subject to the
availability of fiscal and personnel resources, for securing,
providing, and coordinating training to assist consumers and their
families, regional centers, and services and support providers in
acquiring the skills, knowledge, and competencies to achieve the
purposes of this division.
(d) This training may include health and safety issues;
person-centered planning; consumer and family rights; building
circles of support; training and review protocols for the use of
psychotropic and other medications; crime prevention; life quality
assessment and outcomes; maximizing inclusive opportunities in the
community; how to communicate effectively with consumers; and
developing opportunities for decisionmaking.
(e) Whenever possible, the department shall utilize existing
training tools and expertise.
(f) Each training module shall include an evaluation component.
(g) The department shall establish an advisory group, consisting
of consumers, family members, regional centers, service providers,
advocates and legislative representatives. The advisory group shall
make recommendations for training subjects, review the design of
training modules, and assess training outcomes.
4512. As used in this division:
(a) "Developmental disability" means a disability that originates
before an individual attains age 18 years, continues, or can be
expected to continue, indefinitely, and constitutes a substantial
disability for that individual. As defined by the Director of
Developmental Services, in consultation with the Superintendent of
Public Instruction, this term shall include mental retardation,
cerebral palsy, epilepsy, and autism. This term shall also include
disabling conditions found to be closely related to mental
retardation or to require treatment similar to that required for
individuals with mental retardation, but shall not include other
handicapping conditions that are solely physical in nature.
(b) "Services and supports for persons with developmental
disabilities" means specialized services and supports or special
adaptations of generic services and supports directed toward the
alleviation of a developmental disability or toward the social,
personal, physical, or economic habilitation or rehabilitation of an
individual with a developmental disability, or toward the achievement
and maintenance of independent, productive, normal lives. The
determination of which services and supports are necessary for each
consumer shall be made through the individual program plan process.
The determination shall be made on the basis of the needs and
preferences of the consumer or, when appropriate, the consumer's
family, and shall include consideration of a range of service options
proposed by individual program plan participants, the effectiveness
of each option in meeting the goals stated in the individual program
plan, and the cost-effectiveness of each option. Services and
supports listed in the individual program plan may include, but are
not limited to, diagnosis, evaluation, treatment, personal care, day
care, domiciliary care, special living arrangements, physical,
occupational, and speech therapy, training, education, supported and
sheltered employment, mental health services, recreation, counseling
of the individual with a developmental disability and of his or her
family, protective and other social and sociolegal services,
information and referral services, follow-along services, adaptive
equipment and supplies, advocacy assistance, including self-advocacy
training, facilitation and peer advocates, assessment, assistance in
locating a home, child care, behavior training and behavior
modification programs, camping, community integration services,
community support, daily living skills training, emergency and crisis
intervention, facilitating circles of support, habilitation,
homemaker services, infant stimulation programs, paid roommates, paid
neighbors, respite, short-term out-of-home care, social skills
training, specialized medical and dental care, supported living
arrangements, technical and financial assistance, travel training,
training for parents of children with developmental disabilities,
training for parents with developmental disabilities, vouchers, and
transportation services necessary to ensure delivery of services to
persons with developmental disabilities. Nothing in this subdivision
is intended to expand or authorize a new or different service or
support for any consumer unless that service or support is contained
in his or her individual program plan.
(c) Notwithstanding subdivisions (a) and (b), for any organization
or agency receiving federal financial participation under the
federal Developmental Disabilities Assistance and Bill of Rights Act,
as amended "developmental disability" and "services for persons with
developmental disabilities" means the terms as defined in the
federal act to the extent required by federal law.
(d) "Consumer" means a person who has a disability that meets the
definition of developmental disability set forth in subdivision (a).
(e) "Natural supports" means personal associations and
relationships typically developed in the community that enhance the
quality and security of life for people, including, but not limited
to, family relationships, friendships reflecting the diversity of the
neighborhood and the community, associations with fellow students or
employees in regular classrooms and workplaces, and associations
developed through participation in clubs, organizations, and other
civic activities.
(f) "Circle of support" means a committed group of community
members, who may include family members, meeting regularly with an
individual with developmental disabilities in order to share
experiences, promote autonomy and community involvement, and assist
the individual in establishing and maintaining natural supports. A
circle of support generally includes a plurality of members who
neither provide nor receive services or supports for persons with
developmental disabilities and who do not receive payment for
participation in the circle of support.
(g) "Facilitation" means the use of modified or adapted materials,
special instructions, equipment, or personal assistance by an
individual, such as assistance with communications, that will enable
a consumer to understand and participate to the maximum extent
possible in the decisions and choices that effect his or her life.
(h) "Family support services" means services and supports that are
provided to a child with developmental disabilities or his or her
family and that contribute to the ability of the family to reside
together.
(i) "Voucher" means any authorized alternative form of service
delivery in which the consumer or family member is provided with a
payment, coupon, chit, or other form of authorization that enables
the consumer or family member to choose his or her own service
provider.
(j) "Planning team" means the individual with developmental
disabilities, the parents or legally appointed guardian of a minor
consumer or the legally appointed conservator of an adult consumer,
the authorized representative, including those appointed pursuant to
subdivision (d) of Section 4548 and subdivision (e) of Section 4705,
one or more regional center representatives, including the designated
regional center service coordinator pursuant to subdivision (b) of
Section 4640.7, any individual, including a service provider, invited
by the consumer, the parents or legally appointed guardian of a
minor consumer or the legally appointed conservator of an adult
consumer, or the authorized representative, including those appointed
pursuant to subdivision (d) of Section 4548 and subdivision (e) of
Section 4705.
(k) "Stakeholder organizations" means statewide organizations
representing the interests of consumers, family members, service
providers, and statewide advocacy organizations.
(l) "Substantial disability" means the existence of significant
functional limitations in three or more of the following areas of
major life activity, as determined by a regional center, and as
appropriate to the age of the person:
(1) Self-care.
(2) Receptive and expressive language.
(3) Learning.
(4) Mobility.
(5) Self-direction.
(6) Capacity for independent living.
(7) Economic self-sufficiency.
Any reassessment of substantial disability for purposes of
continuing eligibility shall utilize the same criteria under which
the individual was originally made eligible.
4513. (a) Whenever the department allocates funds to a regional
center through a request for proposal process to implement special
projects funded through the Budget Act, the department shall require
that the regional center demonstrate community support for the
proposal.
(b) In awarding funds to regional centers to implement such
proposals, the department shall consider, among other indicators, the
following:
(1) The demonstrated commitment of the regional center in
establishing or expanding the service or support.
(2) The demonstrated ability of the regional center to implement
the proposal.
(3) The success or failure of previous efforts to establish or
expand the service or support.
(4) The need for the establishment or expansion of the service and
support in the regional center catchment area as compared to other
geographic areas.
(c) The department may require periodic progress reports from the
regional center in implementing a proposal.
(d) The department shall ensure that each funded and implemented
proposal be evaluated and that the evaluation process include the
input of consumers, families, providers and advocates, as
appropriate.
(e) The department shall make these evaluations available to the
public, upon request.
(f) The department shall develop and implement strategies for
fostering the duplication of successful projects.
4514. All information and records obtained in the course of
providing intake, assessment, and services under Division 4.1
(commencing with Section 4400), Division 4.5 (commencing with Section
4500), Division 6 (commencing with Section 6000), or Division 7
(commencing with Section 7100) to persons with developmental
disabilities shall be confidential. Information and records obtained
in the course of providing similar services to either voluntary or
involuntary recipients prior to 1969 shall also be confidential.
Information and records shall be disclosed only in any of the
following cases:
(a) In communications between qualified professional persons,
whether employed by a regional center or state developmental center,
or not, in the provision of intake, assessment, and services or
appropriate referrals. The consent of the person with a developmental
disability, or his or her guardian or conservator, shall be obtained
before information or records may be disclosed by regional center or
state developmental center personnel to a professional not employed
by the regional center or state developmental center, or a program
not vendored by a regional center or state developmental center.
(b) When the person with a developmental disability, who has the
capacity to give informed consent, designates individuals to whom
information or records may be released, except that nothing in this
chapter shall be construed to compel a physician, psychologist,
social worker, marriage and family therapist, nurse, attorney, or
other professional to reveal information that has been given to him
or her in confidence by a family member of the person unless a valid
release has been executed by that family member.
(c) To the extent necessary for a claim, or for a claim or
application to be made on behalf of a person with a developmental
disability for aid, insurance, government benefit, or medical
assistance to which he or she may be entitled.
(d) If the person with a developmental disability is a minor,
ward, or conservatee, and his or her parent, guardian, conservator,
or limited conservator with access to confidential records,
designates, in writing, persons to whom records or information may be
disclosed, except that nothing in this chapter shall be construed to
compel a physician, psychologist, social worker, marriage and family
therapist, nurse, attorney, or other professional to reveal
information that has been given to him or her in confidence by a
family member of the person unless a valid release has been executed
by that family member.
(e) For research, provided that the Director of Developmental
Services designates by regulation rules for the conduct of research
and requires the research to be first reviewed by the appropriate
institutional review board or boards. These rules shall include, but
need not be limited to, the requirement that all researchers shall
sign an oath of confidentiality as follows:
" _____________________________
Date
As a condition of doing research concerning persons with
developmental disabilities who have received services from ____ (fill
in the facility, agency or person), I, ____, agree to obtain the
prior informed consent of persons who have received services to the
maximum degree possible as determined by the appropriate
institutional review board or boards for protection of human subjects
reviewing my research, or the person's parent, guardian, or
conservator, and I further agree not to divulge any information
obtained in the course of the research to unauthorized persons, and
not to publish or otherwise make public any information regarding
persons who have received services so those persons who received
services are identifiable.
I recognize that the unauthorized release of confidential
information may make me subject to a civil action under provisions of
the Welfare and Institutions Code.
_________________________"
Signed
(f) To the courts, as necessary to the administration of justice.
(g) To governmental law enforcement agencies as needed for the
protection of federal and state elective constitutional officers and
their families.
(h) To the Senate Committee on Rules or the Assembly Committee on
Rules for the purposes of legislative investigation authorized by the
committee.
(i) To the courts and designated parties as part of a regional
center report or assessment in compliance with a statutory or
regulatory requirement, including, but not limited to, Section 1827.5
of the Probate Code, Sections 1001.22 and 1370.1 of the Penal Code,
Section 6502 of the Welfare and Institutions Code, and Section 56557
of Title 17 of the California Code of Regulations.
(j) To the attorney for the person with a developmental disability
in any and all proceedings upon presentation of a release of
information signed by the person, except that when the person lacks
the capacity to give informed consent, the regional center or state
developmental center director or designee, upon satisfying himself or
herself of the identity of the attorney, and of the fact that the
attorney represents the person, shall release all information and
records relating to the person except that nothing in this article
shall be construed to compel a physician, psychologist, social
worker, marriage and family therapist, nurse, attorney, or other
professional to reveal information that has been given to him or her
in confidence by a family member of the person unless a valid release
has been executed by that family member.
(k) Upon written consent by a person with a developmental
disability previously or presently receiving services from a regional
center or state developmental center, the director of the regional
center or state developmental center, or his or her designee, may
release any information, except information that has been given in
confidence by members of the family of the person with developmental
disabilities, requested by a probation officer charged with the
evaluation of the person after his or her conviction of a crime if
the regional center or state developmental center director or
designee determines that the information is relevant to the
evaluation. The consent shall only be operative until sentence is
passed on the crime of which the person was convicted. The
confidential information released pursuant to this subdivision shall
be transmitted to the court separately from the probation report and
shall not be placed in the probation report. The confidential
information shall remain confidential except for purposes of
sentencing. After sentencing, the confidential information shall be
sealed.
(l) Between persons who are trained and qualified to serve on
"multidisciplinary personnel" teams pursuant to subdivision (d) of
Section 18951. The information and records sought to be disclosed
shall be relevant to the prevention, identification, management, or
treatment of an abused child and his or her parents pursuant to
Chapter 11 (commencing with Section 18950) of Part 6 of Division 9.
(m) When a person with a developmental disability dies from any
cause, natural or otherwise, while hospitalized in a state
developmental center, the State Department of Developmental Services,
the physician in charge of the client, or the professional in charge
of the facility or his or her designee, shall release information
and records to the coroner. The State Department of Developmental
Services, the physician in charge of the client, or the professional
in charge of the facility or his or her designee, shall not release
any notes, summaries, transcripts, tapes, or records of conversations
between the resident and health professional personnel of the
hospital relating to the personal life of the resident that is not
related to the diagnosis and treatment of the resident's physical
condition. Any information released to the coroner pursuant to this
section shall remain confidential and shall be sealed and shall not
be made part of the public record.
(n) To authorized licensing personnel who are employed by, or who
are authorized representatives of, the State Department of Health
Services, and who are licensed or registered health professionals,
and to authorized legal staff or special investigators who are peace
officers who are employed by, or who are authorized representatives
of, the State Department of Social Services, as necessary to the
performance of their duties to inspect, license, and investigate
health facilities and community care facilities, and to ensure that
the standards of care and services provided in these facilities are
adequate and appropriate and to ascertain compliance with the rules
and regulations to which the facility is subject. The confidential
information shall remain confidential except for purposes of
inspection, licensing, or investigation pursuant to Chapter 2
(commencing with Section 1250) and Chapter 3 (commencing with Section
1500) of Division 2 of the Health and Safety Code, or a criminal,
civil, or administrative proceeding in relation thereto. The
confidential information may be used by the State Department of
Health Services or the State Department of Social Services in a
criminal, civil, or administrative proceeding. The confidential
information shall be available only to the judge or hearing officer
and to the parties to the case. Names which are confidential shall be
listed in attachments separate to the general pleadings. The
confidential information shall be sealed after the conclusion of the
criminal, civil, or administrative hearings, and shall not
subsequently be released except in accordance with this subdivision.
If the confidential information does not result in a criminal, civil,
or administrative proceeding, it shall be sealed after the State
Department of Health Services or the State Department of Social
Services decides that no further action will be taken in the matter
of suspected licensing violations. Except as otherwise provided in
this subdivision, confidential information in the possession of the
State Department of Health Services or the State Department of Social
Services shall not contain the name of the person with a
developmental disability.
(o) To any board which licenses and certifies professionals in the
fields of mental health and developmental disabilities pursuant to
state law, when the Director of Developmental Services has reasonable
cause to believe that there has occurred a violation of any
provision of law subject to the jurisdiction of a board and the
records are relevant to the violation. The information shall be
sealed after a decision is reached in the matter of the suspected
violation, and shall not subsequently be released except in
accordance with this subdivision. Confidential information in the
possession of the board shall not contain the name of the person with
a developmental disability.
(p) To governmental law enforcement agencies by the director of a
regional center or state developmental center, or his or her
designee, when (1) the person with a developmental disability has
been reported lost or missing or (2) there is probable cause to
believe that a person with a developmental disability has committed,
or has been the victim of, murder, manslaughter, mayhem, aggravated
mayhem, kidnapping, robbery, carjacking, assault with the intent to
commit a felony, arson, extortion, rape, forcible sodomy, forcible
oral copulation, assault or battery, or unlawful possession of a
weapon, as provided in Section 12020 of the Penal Code.
This subdivision shall be limited solely to information directly
relating to the factual circumstances of the commission of the
enumerated offenses and shall not include any information relating to
the mental state of the patient or the circumstances of his or her
treatment unless relevant to the crime involved.
This subdivision shall not be construed as an exception to, or in
any other way affecting, the provisions of Article 7 (commencing with
Section 1010) of Chapter 4 of Division 8 of the Evidence Code, or
Chapter 11 (commencing with Section 15600) and Chapter 13 (commencing
with Section 15750) of Part 3 of Division 9.
(q) To the Youth Authority and Adult Correctional Agency or any
component thereof, as necessary to the administration of justice.
(r) To an agency mandated to investigate a report of abuse filed
pursuant to either Section 11164 of the Penal Code or Section 15630
of the Welfare and Institutions Code for the purposes of either a
mandated or voluntary report or when those agencies request
information in the course of conducting their investigation.
(s) When a person with developmental disabilities, or the parent,
guardian, or conservator of a person with developmental disabilities
who lacks capacity to consent, fails to grant or deny a request by a
regional center or state developmental center to release information
or records relating to the person with developmental disabilities
within a reasonable period of time, the director of the regional or
developmental center, or his or her designee, may release information
or records on behalf of that person provided both of the following
conditions are met:
(1) Release of the information or records is deemed necessary to
protect the person's health, safety, or welfare.
(2) The person, or the person's parent, guardian, or conservator,
has been advised annually in writing of the policy of the regional
center or state developmental center for release of confidential
client information or records when the person with developmental
disabilities, or the person's parent, guardian, or conservator, fails
to respond to a request for release of the information or records
within a reasonable period of time. A statement of policy contained
in the client's individual program plan shall be deemed to comply
with the notice requirement of this paragraph.
(t) (1) When an employee is served with a notice of adverse
action, as defined in Section 19570 of the Government Code, the
following information and records may be released:
(A) All information and records that the appointing authority
relied upon in issuing the notice of adverse action.
(B) All other information and records that are relevant to the
adverse action, or that would constitute relevant evidence as defined
in Section 210 of the Evidence Code.
(C) The information described in subparagraphs (A) and (B) may be
released only if both of the following conditions are met:
(i) The appointing authority has provided written notice to the
consumer and the consumer's legal representative or, if the consumer
has no legal representative or if the legal representative is a state
agency, to the clients' rights advocate, and the consumer, the
consumer's legal representative, or the clients' rights advocate has
not objected in writing to the appointing authority within five
business days of receipt of the notice, or the appointing authority,
upon review of the objection has determined that the circumstances on
which the adverse action is based are egregious or threaten the
health, safety, or life of the consumer or other consumers and
without the information the adverse action could not be taken.
(ii) The appointing authority, the person against whom the adverse
action has been taken, and the person's representative, if any, have
entered into a stipulation that does all of the following:
(I) Prohibits the parties from disclosing or using the information
or records for any purpose other than the proceedings for which the
information or records were requested or provided.
(II) Requires the employee and the employee's legal representative
to return to the appointing authority all records provided to them
under this subdivision, including, but not limited to, all records
and documents or copies thereof that are no longer in the possession
of the employee or the employee's legal representative because they
were from any source containing confidential information protected by
this section, and all copies of those records and documents, within
10 days of the date that the adverse action becomes final except for
the actual records and documents submitted to the administrative
tribunal as a component of an appeal from the adverse action.
(III) Requires the parties to submit the stipulation to the
administrative tribunal with jurisdiction over the adverse action at
the earliest possible opportunity.
(2) For the purposes of this subdivision, the State Personnel
Board may, prior to any appeal from adverse action being filed with
it, issue a protective order, upon application by the appointing
authority, for the limited purpose of prohibiting the parties from
disclosing or using information or records for any purpose other than
the proceeding for which the information or records were requested
or provided, and to require the employee or the employee's legal
representative to return to the appointing authority all records
provided to them under this subdivision, including, but not limited
to, all records and documents from any source containing confidential
information protected by this section, and all copies of those
records and documents, within 10 days of the date that the adverse
action becomes final, except for the actual records and documents
that are no longer in the possession of the employee or the employee'
s legal representatives because they were submitted to the
administrative tribunal as a component of an appeal from the adverse
action.
(3) Individual identifiers, including, but not limited to, names,
social security numbers, and hospital numbers, that are not necessary
for the prosecution or defense of the adverse action, shall not be
disclosed.
(4) All records, documents, or other materials containing
confidential information protected by this section that have been
submitted or otherwise disclosed to the administrative agency or
other person as a component of an appeal from an adverse action
shall, upon proper motion by the appointing authority to the
administrative tribunal, be placed under administrative seal and
shall not, thereafter, be subject to disclosure to any person or
entity except upon the issuance of an order of a court of competent
jurisdiction.
(5) For purposes of this subdivision, an adverse action becomes
final when the employee fails to answer within the time specified in
Section 19575 of the Government Code, or, after filing an answer,
withdraws the appeal, or, upon exhaustion of the administrative
appeal or of the judicial review remedies as otherwise provided by
law.
4514. All information and records obtained in the course of
providing intake, assessment, and services under Division 4.1
(commencing with Section 4400), Division 4.5 (commencing with Section
4500), Division 6 (commencing with Section 6000), or Division 7
(commencing with Section 7100) to persons with developmental
disabilities shall be confidential. Information and records obtained
in the course of providing similar services to either voluntary or
involuntary recipients prior to 1969 shall also be confidential.
Information and records shall be disclosed only in any of the
following cases:
(a) In communications between qualified professional persons,
whether employed by a regional center or state developmental center,
or not, in the provision of intake, assessment, and services or
appropriate referrals. The consent of the person with a developmental
disability, or his or her guardian or conservator, shall be obtained
before information or records may be disclosed by regional center or
state developmental center personnel to a professional not employed
by the regional center or state developmental center, or a program
not vendored by a regional center or state developmental center.
(b) When the person with a developmental disability, who has the
capacity to give informed consent, designates individuals to whom
information or records may be released, except that nothing in this
chapter shall be construed to compel a physician, psychologist,
social worker, marriage and family therapist, nurse, attorney, or
other professional to reveal information that has been given to him
or her in confidence by a family member of the person unless a valid
release has been executed by that family member.
(c) To the extent necessary for a claim, or for a claim or
application to be made on behalf of a person with a developmental
disability for aid, insurance, government benefit, or medical
assistance to which he or she may be entitled.
(d) If the person with a developmental disability is a minor,
ward, or conservatee, and his or her parent, guardian, conservator,
or limited conservator with access to confidential records,
designates, in writing, persons to whom records or information may be
disclosed, except that nothing in this chapter shall be construed to
compel a physician, psychologist, social worker, marriage and family
therapist, nurse, attorney, or other professional to reveal
information that has been given to him or her in confidence by a
family member of the person unless a valid release has been executed
by that family member.
(e) For research, provided that the Director of Developmental
Services designates by regulation rules for the conduct of research
and requires the research to be first reviewed by the appropriate
institutional review board or boards. These rules shall include, but
need not be limited to, the requirement that all researchers shall
sign an oath of confidentiality as follows:
" _____________________________
Date
As a condition of doing research concerning persons with
developmental disabilities who have received services from ____ (fill
in the facility, agency or person), I, ____, agree to obtain the
prior informed consent of persons who have received services to the
maximum degree possible as determined by the appropriate
institutional review board or boards for protection of human subjects
reviewing my research, or the person's parent, guardian, or
conservator, and I further agree not to divulge any information
obtained in the course of the research to unauthorized persons, and
not to publish or otherwise make public any information regarding
persons who have received services so those persons who received
services are identifiable.
I recognize that the unauthorized release of confidential
information may make me subject to a civil action under provisions of
the Welfare and Institutions Code.
_________________________"
Signed
(f) To the courts, as necessary to the administration of justice.
(g) To governmental law enforcement agencies as needed for the
protection of federal and state elective constitutional officers and
their families.
(h) To the Senate Committee on Rules or the Assembly Committee on
Rules for the purposes of legislative investigation authorized by the
committee.
(i) To the courts and designated parties as part of a regional
center report or assessment in compliance with a statutory or
regulatory requirement, including, but not limited to, Section 1827.5
of the Probate Code, Sections 1001.22 and 1370.1 of the Penal Code,
Section 6502 of the Welfare and Institutions Code, and Section 56557
of Title 17 of the California Code of Regulations.
(j) To the attorney for the person with a developmental disability
in any and all proceedings upon presentation of a release of
information signed by the person, except that when the person lacks
the capacity to give informed consent, the regional center or state
developmental center director or designee, upon satisfying himself or
herself of the identity of the attorney, and of the fact that the
attorney represents the person, shall release all information and
records relating to the person except that nothing in this article
shall be construed to compel a physician, psychologist, social
worker, marriage and family therapist, nurse, attorney, or other
professional to reveal information that has been given to him or her
in confidence by a family member of the person unless a valid release
has been executed by that family member.
(k) Upon written consent by a person with a developmental
disability previously or presently receiving services from a regional
center or state developmental center, the director of the regional
center or state developmental center, or his or her designee, may
release any information, except information that has been given in
confidence by members of the family of the person with developmental
disabilities, requested by a probation officer charged with the
evaluation of the person after his or her conviction of a crime if
the regional center or state developmental center director or
designee determines that the information is relevant to the
evaluation. The consent shall only be operative until sentence is
passed on the crime of which the person was convicted. The
confidential information released pursuant to this subdivision shall
be transmitted to the court separately from the probation report and
shall not be placed in the probation report. The confidential
information shall remain confidential except for purposes of
sentencing. After sentencing, the confidential information shall be
sealed.
(l) Between persons who are trained and qualified to serve on
"multidisciplinary personnel" teams pursuant to subdivision (d) of
Section 18951. The information and records sought to be disclosed
shall be relevant to the prevention, identification, management, or
treatment of an abused child and his or her parents pursuant to
Chapter 11 (commencing with Section 18950) of Part 6 of Division 9.
(m) When a person with a developmental disability dies from any
cause, natural or otherwise, while hospitalized in a state
developmental center, the State Department of Developmental Services,
the physician in charge of the client, or the professional in charge
of the facility or his or her designee, shall release information
and records to the coroner. The State Department of Developmental
Services, the physician in charge of the client, or the professional
in charge of the facility or his or her designee, shall not release
any notes, summaries, transcripts, tapes, or records of conversations
between the resident and health professional personnel of the
hospital relating to the personal life of the resident that is not
related to the diagnosis and treatment of the resident's physical
condition. Any information released to the coroner pursuant to this
section shall remain confidential and shall be sealed and shall not
be made part of the public record.
(n) To authorized licensing personnel who are employed by, or who
are authorized representatives of, the State Department of Health
Services, and who are licensed or registered health professionals,
and to authorized legal staff or special investigators who are peace
officers who are employed by, or who are authorized representatives
of, the State Department of Social Services, as necessary to the
performance of their duties to inspect, license, and investigate
health facilities and community care facilities, and to ensure that
the standards of care and services provided in these facilities are
adequate and appropriate and to ascertain compliance with the rules
and regulations to which the facility is subject. The confidential
information shall remain confidential except for purposes of
inspection, licensing, or investigation pursuant to Chapter 2
(commencing with Section 1250) and Chapter 3 (commencing with Section
1500) of Division 2 of the Health and Safety Code, or a criminal,
civil, or administrative proceeding in relation thereto. The
confidential information may be used by the State Department of
Health Services or the State Department of Social Services in a
criminal, civil, or administrative proceeding. The confidential
information shall be available only to the judge or hearing officer
and to the parties to the case. Names which are confidential shall be
listed in attachments separate to the general pleadings. The
confidential information shall be sealed after the conclusion of the
criminal, civil, or administrative hearings, and shall not
subsequently be released except in accordance with this subdivision.
If the confidential information does not result in a criminal, civil,
or administrative proceeding, it shall be sealed after the State
Department of Health Services or the State Department of Social
Services decides that no further action will be taken in the matter
of suspected licensing violations. Except as otherwise provided in
this subdivision, confidential information in the possession of the
State Department of Health Services or the State Department of Social
Services shall not contain the name of the person with a
developmental disability.
(o) To any board which licenses and certifies professionals in the
fields of mental health and developmental disabilities pursuant to
state law, when the Director of Developmental Services has reasonable
cause to believe that there has occurred a violation of any
provision of law subject to the jurisdiction of a board and the
records are relevant to the violation. The information shall be
sealed after a decision is reached in the matter of the suspected
violation, and shall not subsequently be released except in
accordance with this subdivision. Confidential information in the
possession of the board shall not contain the name of the person with
a developmental disability.
(p) To governmental law enforcement agencies by the director of a
regional center or state developmental center, or his or her
designee, when (1) the person with a developmental disability has
been reported lost or missing or (2) there is probable cause to
believe that a person with a developmental disability has committed,
or has been the victim of, murder, manslaughter, mayhem, aggravated
mayhem, kidnapping, robbery, carjacking, assault with the intent to
commit a felony, arson, extortion, rape, forcible sodomy, forcible
oral copulation, assault or battery, or unlawful possession of a
weapon, as provided in any provision listed in Section 16590 of the
Penal Code.
This subdivision shall be limited solely to information directly
relating to the factual circumstances of the commission of the
enumerated offenses and shall not include any information relating to
the mental state of the patient or the circumstances of his or her
treatment unless relevant to the crime involved.
This subdivision shall not be construed as an exception to, or in
any other way affecting, the provisions of Article 7 (commencing with
Section 1010) of Chapter 4 of Division 8 of the Evidence Code, or
Chapter 11 (commencing with Section 15600) and Chapter 13 (commencing
with Section 15750) of Part 3 of Division 9.
(q) To the Youth Authority and Adult Correctional Agency or any
component thereof, as necessary to the administration of justice.
(r) To an agency mandated to investigate a report of abuse filed
pursuant to either Section 11164 of the Penal Code or Section 15630
of the Welfare and Institutions Code for the purposes of either a
mandated or voluntary report or when those agencies request
information in the course of conducting their investigation.
(s) When a person with developmental disabilities, or the parent,
guardian, or conservator of a person with developmental disabilities
who lacks capacity to consent, fails to grant or deny a request by a
regional center or state developmental center to release information
or records relating to the person with developmental disabilities
within a reasonable period of time, the director of the regional or
developmental center, or his or her designee, may release information
or records on behalf of that person provided both of the following
conditions are met:
(1) Release of the information or records is deemed necessary to
protect the person's health, safety, or welfare.
(2) The person, or the person's parent, guardian, or conservator,
has been advised annually in writing of the policy of the regional
center or state developmental center for release of confidential
client information or records when the person with developmental
disabilities, or the person's parent, guardian, or conservator, fails
to respond to a request for release of the information or records
within a reasonable period of time. A statement of policy contained
in the client's individual program plan shall be deemed to comply
with the notice requirement of this paragraph.
(t) (1) When an employee is served with a notice of adverse
action, as defined in Section 19570 of the Government Code, the
following information and records may be released:
(A) All information and records that the appointing authority
relied upon in issuing the notice of adverse action.
(B) All other information and records that are relevant to the
adverse action, or that would constitute relevant evidence as defined
in Section 210 of the Evidence Code.
(C) The information described in subparagraphs (A) and (B) may be
released only if both of the following conditions are met:
(i) The appointing authority has provided written notice to the
consumer and the consumer's legal representative or, if the consumer
has no legal representative or if the legal representative is a state
agency, to the clients' rights advocate, and the consumer, the
consumer's legal representative, or the clients' rights advocate has
not objected in writing to the appointing authority within five
business days of receipt of the notice, or the appointing authority,
upon review of the objection has determined that the circumstances on
which the adverse action is based are egregious or threaten the
health, safety, or life of the consumer or other consumers and
without the information the adverse action could not be taken.
(ii) The appointing authority, the person against whom the adverse
action has been taken, and the person's representative, if any, have
entered into a stipulation that does all of the following:
(I) Prohibits the parties from disclosing or using the information
or records for any purpose other than the proceedings for which the
information or records were requested or provided.
(II) Requires the employee and the employee's legal representative
to return to the appointing authority all records provided to them
under this subdivision, including, but not limited to, all records
and documents or copies thereof that are no longer in the possession
of the employee or the employee's legal representative because they
were from any source containing confidential information protected by
this section, and all copies of those records and documents, within
10 days of the date that the adverse action becomes final except for
the actual records and documents submitted to the administrative
tribunal as a component of an appeal from the adverse action.
(III) Requires the parties to submit the stipulation to the
administrative tribunal with jurisdiction over the adverse action at
the earliest possible opportunity.
(2) For the purposes of this subdivision, the State Personnel
Board may, prior to any appeal from adverse action being filed with
it, issue a protective order, upon application by the appointing
authority, for the limited purpose of prohibiting the parties from
disclosing or using information or records for any purpose other than
the proceeding for which the information or records were requested
or provided, and to require the employee or the employee's legal
representative to return to the appointing authority all records
provided to them under this subdivision, including, but not limited
to, all records and documents from any source containing confidential
information protected by this section, and all copies of those
records and documents, within 10 days of the date that the adverse
action becomes final, except for the actual records and documents
that are no longer in the possession of the employee or the employee'
s legal representatives because they were submitted to the
administrative tribunal as a component of an appeal from the adverse
action.
(3) Individual identifiers, including, but not limited to, names,
social security numbers, and hospital numbers, that are not necessary
for the prosecution or defense of the adverse action, shall not be
disclosed.
(4) All records, documents, or other materials containing
confidential information protected by this section that have been
submitted or otherwise disclosed to the administrative agency or
other person as a component of an appeal from an adverse action
shall, upon proper motion by the appointing authority to the
administrative tribunal, be placed under administrative seal and
shall not, thereafter, be subject to disclosure to any person or
entity except upon the issuance of an order of a court of competent
jurisdiction.
(5) For purposes of this subdivision, an adverse action becomes
final when the employee fails to answer within the time specified in
Section 19575 of the Government Code, or, after filing an answer,
withdraws the appeal, or, upon exhaustion of the administrative
appeal or of the judicial review remedies as otherwise provided by
law.
4514.3. (a) Notwithstanding Section 4514, information and records
shall be disclosed to the protection and advocacy agency designated
by the Governor in this state to fulfill the requirements and
assurances of the federal Developmental Disabilities Assistance and
Bill of Rights Act of 2000, contained in Chapter 144 (commencing with
Section 15001) of Title 42 of the United States Code, for the
protection and advocacy of the rights of persons with developmental
disabilities, as defined in Section 15002(8) of Title 42 of the
United States Code.
(b) Acc
4500. This division shall be known and may be cited as the
Lanterman Developmental Disabilities Services Act.
4500.5. The Legislature makes the following findings regarding the
State of California's responsibility to provide services to persons
with developmental disabilities, and the right of those individuals
to receive services, pursuant to this division:
(a) Since the enactment of this division in 1977, the number of
consumers receiving services under this division has substantially
increased and the nature, variety, and types of services necessary to
meet the needs of the consumers and their families have also
changed. Over the years the concept of service delivery has undergone
numerous revisions. Services that were once deemed desirable by
consumers and families may now no longer be appropriate, or the means
of service delivery may be outdated.
(b) As a result of the increased demands for services and changes
in the methods in which those services are provided to consumers and
their families, the value statements and principles contained in this
division should be updated.
(c) It is the intent of the Legislature, in enacting the act that
added this section, to update existing law; clarify the role of
consumers and their families in determining service needs; and to
describe more fully service options available to consumers and their
families, pursuant to the individual program plan. Nothing in these
provisions shall be construed to expand the existing entitlement to
services for persons with developmental disabilities set forth in
this division.
(d) It is the intent of the Legislature that the department
monitor regional centers so that an individual consumer eligible for
services and supports under this division receive the services and
supports identified in his or her individual program plan.
4501. The State of California accepts a responsibility for persons
with developmental disabilities and an obligation to them which it
must discharge. Affecting hundreds of thousands of children and
adults directly, and having an important impact on the lives of their
families, neighbors, and whole communities, developmental
disabilities present social, medical, economic, and legal problems of
extreme importance.
The complexities of providing services and supports to persons
with developmental disabilities requires the coordination of services
of many state departments and community agencies to ensure that no
gaps occur in communication or provision of services and supports. A
consumer of services and supports, and where appropriate, his or her
parents, legal guardian, or conservator, shall have a leadership role
in service design.
An array of services and supports should be established which is
sufficiently complete to meet the needs and choices of each person
with developmental disabilities, regardless of age or degree of
disability, and at each stage of life and to support their
integration into the mainstream life of the community. To the maximum
extent feasible, services and supports should be available
throughout the state to prevent the dislocation of persons with
developmental disabilities from their home communities.
Services and supports should be available to enable persons with
developmental disabilities to approximate the pattern of everyday
living available to people without disabilities of the same age.
Consumers of services and supports, and where appropriate, their
parents, legal guardian, or conservator, should be empowered to make
choices in all life areas. These include promoting opportunities for
individuals with developmental disabilities to be integrated into the
mainstream of life in their home communities, including supported
living and other appropriate community living arrangements. In
providing these services, consumers and their families, when
appropriate, should participate in decisions affecting their own
lives, including, but not limited to, where and with whom they live,
their relationships with people in their community, the way in which
they spend their time, including education, employment, and leisure,
the pursuit of their own personal future, and program planning and
implementation. The contributions made by parents and family members
in support of their children and relatives with developmental
disabilities are important and those relationships should also be
respected and fostered, to the maximum extent feasible, so that
consumers and their families can build circles of support within the
community.
The Legislature finds that the mere existence or the delivery of
services and supports is, in itself, insufficient evidence of program
effectiveness. It is the intent of the Legislature that agencies
serving persons with developmental disabilities shall produce
evidence that their services have resulted in consumer or family
empowerment and in more independent, productive, and normal lives for
the persons served. It is further the intent of the Legislature that
the Department of Developmental Services, through appropriate and
regular monitoring activities, ensure that regional centers meet
their statutory, regulatory, and contractual obligations in providing
services to persons with developmental disabilities. The Legislature
declares its intent to monitor program results through continued
legislative oversight and review of requests for appropriations to
support developmental disabilities programs.
4501.5. In counties where State Department of Developmental
Services hospitals are located, the state hospitals shall ensure that
appropriate special education and related services, pursuant to
Chapter 8 (commencing with Section 56850) of Part 30 of the Education
Code, are provided eligible individuals with exceptional needs
residing in state hospitals.
4502. Persons with developmental disabilities have the same legal
rights and responsibilities guaranteed all other individuals by the
United States Constitution and laws and the Constitution and laws of
the State of California. No otherwise qualified person by reason of
having a developmental disability shall be excluded from
participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity, which receives public
funds.
It is the intent of the Legislature that persons with
developmental disabilities shall have rights including, but not
limited to, the following:
(a) A right to treatment and habilitation services and supports in
the least restrictive environment. Treatment and habilitation
services and supports should foster the developmental potential of
the person and be directed toward the achievement of the most
independent, productive, and normal lives possible. Such services
shall protect the personal liberty of the individual and shall be
provided with the least restrictive conditions necessary to achieve
the purposes of the treatment, services, or supports.
(b) A right to dignity, privacy, and humane care. To the maximum
extent possible, treatment, services, and supports shall be provided
in natural community settings.
(c) A right to participate in an appropriate program of publicly
supported education, regardless of degree of disability.
(d) A right to prompt medical care and treatment.
(e) A right to religious freedom and practice.
(f) A right to social interaction and participation in community
activities.
(g) A right to physical exercise and recreational opportunities.
(h) A right to be free from harm, including unnecessary physical
restraint, or isolation, excessive medication, abuse, or neglect.
(i) A right to be free from hazardous procedures.
(j) A right to make choices in their own lives, including, but not
limited to, where and with whom they live, their relationships with
people in their community, the way they spend their time, including
education, employment, and leisure, the pursuit of their personal
future, and program planning and implementation.
4502.1. The right of individuals with developmental disabilities to
make choices in their own lives requires that all public or private
agencies receiving state funds for the purpose of serving persons
with developmental disabilities, including, but not limited to,
regional centers, shall respect the choices made by consumers or,
where appropriate, their parents, legal guardian, or conservator.
Those public or private agencies shall provide consumers with
opportunities to exercise decisionmaking skills in any aspect of
day-to-day living and shall provide consumers with relevant
information in an understandable form to aid the consumer in making
his or her choice.
4503. Each person with developmental disabilities who has been
admitted or committed to a state hospital, community care facility as
defined in Section 1502 of the Health and Safety Code, or a health
facility as defined in Section 1250 of the Health and Safety Code
shall have the following rights, a list of which shall be prominently
posted in English, Spanish, and other appropriate languages, in all
facilities providing those services and otherwise brought to his or
her attention by any additional means as the Director of
Developmental Services may designate by regulation:
(a) To wear his or her own clothes, to keep and use his or her own
personal possessions including his or her toilet articles, and to
keep and be allowed to spend a reasonable sum of his or her own money
for canteen expenses and small purchases.
(b) To have access to individual storage space for his or her
private use.
(c) To see visitors each day.
(d) To have reasonable access to telephones, both to make and
receive confidential calls.
(e) To have ready access to letterwriting materials, including
stamps, and to mail and receive unopened correspondence.
(f) To refuse electroconvulsive therapy.
(g) To refuse behavior modification techniques which cause pain or
trauma.
(h) To refuse psychosurgery notwithstanding the provisions of
Sections 5325, 5326, and 5326.3. Psychosurgery means those operations
currently referred to as lobotomy, psychiatric surgery, and
behavioral surgery and all other forms of brain surgery if the
surgery is performed for any of the following purposes:
(1) Modification or control of thoughts, feelings, actions, or
behavior rather than the treatment of a known and diagnosed physical
disease of the brain.
(2) Modification of normal brain function or normal brain tissue
in order to control thoughts, feelings, action, or behavior.
(3) Treatment of abnormal brain function or abnormal brain tissue
in order to modify thoughts, feelings, actions, or behavior when the
abnormality is not an established cause for those thoughts, feelings,
actions, or behavior.
(i) To make choices in areas including, but not limited to, his or
her daily living routines, choice of companions, leisure and social
activities, and program planning and implementation.
(j) Other rights, as specified by regulation.
4504. The professional person in charge of the facility or his
designee may, for good cause, deny a person any of the rights
specified under subdivisions (a), (b), (c), (d), and (e) of Section
4503. To ensure that these rights are denied only for good cause, the
Director of Developmental Services shall adopt regulations
specifying the conditions under which they may be denied. Denial of a
person's rights shall in all cases be entered into the person's
treatment record and shall be reported to the Director of
Developmental Services on a quarterly basis. The content of these
records shall enable the Director of Developmental Services to
identify individual treatment records, if necessary, for future
analysis and investigation. These reports shall be available, upon
request, to Members of the Legislature. Information pertaining to
denial of rights contained in the person's treatment record shall be
made available, on request, to the person, his attorney, his parents,
his conservator or guardian, the State Department of Developmental
Services, and Members of the Legislature.
4505. For the purposes of subdivisions (f) and (g) of Section 4503,
if the patient is a minor age 15 years or over, the right to refuse
may be exercised either by the minor or his parent, guardian,
conservator, or other person entitled to his custody.
If the patient or his parent, guardian, conservator, or other
person responsible for his custody do not refuse the forms of
treatment or behavior modification described in subdivisions (f) and
(g) of Section 4503, such treatment and behavior modification may be
provided only after review and approval by a peer review committee.
The Director of Developmental Services shall, by March 1, 1977, adopt
regulations establishing peer review procedures for this purpose.
4507. Developmental disabilities alone shall not constitute
sufficient justification for judicial commitment. Instead, persons
with developmental disabilities shall receive services pursuant to
this division. Persons who constitute a danger to themselves or
others may be judicially committed if evidence of such danger is
proven in court.
4508. Persons with developmental disabilities may be released from
developmental centers for provisional placement, with parental
consent in the case of a minor or with the consent of an adult person
with developmental disabilities or with the consent of the guardian
or conservator of the person with developmental disabilities, not to
exceed twelve months, and shall be referred to a regional center for
services pursuant to this division. Any person placed pursuant to
this section shall have an automatic right of return to the
developmental center during the period of provisional placement.
4509. By January 1, 1977, the Director of Developmental Services
shall compile a roster of all persons who are in the custody of a
state hospital, or on leave therefrom, pursuant to an order of
judicial commitment as a mentally retarded person made prior to
January 1, 1976. The appropriate regional center shall be given a
copy of the names and pertinent records of the judicially committed
retarded persons within its jurisdiction, and shall investigate the
need and propriety of further judicial commitment of such persons
under the provisions of Sections 6500 and 6500.1.
Each regional center shall complete all investigations required by
this section within two years after the roster is submitted. In
conducting its investigations, each regional center shall solicit
information, advice, and recommendations of state hospital personnel
familiar with the person whose needs are being evaluated.
For those persons found by a regional center to no longer require
state hospital care, the regional center shall immediately prepare an
individual program plan pursuant to Sections 4646 and 4648 for the
provision of appropriate alternative services outside the state
hospital.
If such alternative is not immediately available, the regional
center shall give continuing high priority to the location and
development of such services. As part of the program budget
submission required in Section 4776, the regional director shall
include a report specifying:
(a) The number of state hospital residents for whom a community
alternative is deemed more suitable than a state hospital.
(b) The number of residents for whom no placement is made because
of a lack of community services.
(c) The number, type, nature, and cost of community services that
would be necessary in order for placement to occur.
For those persons found to be in continued need of state hospital
care, the regional center shall either admit such person as a
voluntary resident of the state hospital, or shall file a petition
seeking the commitment of those persons for whom commitment is
believed to be appropriate.
4510. The State Department of Developmental Services and the State
Department of Mental Health shall jointly develop and implement a
statewide program for encouraging the establishment of sufficient
numbers and types of living arrangements, both in communities and
state hospitals, as necessary to meet the needs of persons served by
those departments. The departments shall consult with the following
organizations in the development of procedures pursuant to this
section:
(a) The League of California Cities, the County Supervisors
Association of California, and representatives of other local
agencies.
(b) Organizations or advocates for clients receiving services in
residential care services.
(c) Providers of residential care services.
4511. (a) The Legislature finds and declares that meeting the needs
and honoring the choices of persons with developmental disabilities
and their families requires information, skills and coordination and
collaboration between consumers, families, regional centers,
advocates and service and support providers.
(b) The Legislature further finds and declares that innovative and
ongoing training opportunities can enhance the information and
skills necessary and foster improved coordination and cooperation
between system participants.
(c) The department shall be responsible, subject to the
availability of fiscal and personnel resources, for securing,
providing, and coordinating training to assist consumers and their
families, regional centers, and services and support providers in
acquiring the skills, knowledge, and competencies to achieve the
purposes of this division.
(d) This training may include health and safety issues;
person-centered planning; consumer and family rights; building
circles of support; training and review protocols for the use of
psychotropic and other medications; crime prevention; life quality
assessment and outcomes; maximizing inclusive opportunities in the
community; how to communicate effectively with consumers; and
developing opportunities for decisionmaking.
(e) Whenever possible, the department shall utilize existing
training tools and expertise.
(f) Each training module shall include an evaluation component.
(g) The department shall establish an advisory group, consisting
of consumers, family members, regional centers, service providers,
advocates and legislative representatives. The advisory group shall
make recommendations for training subjects, review the design of
training modules, and assess training outcomes.
4512. As used in this division:
(a) "Developmental disability" means a disability that originates
before an individual attains age 18 years, continues, or can be
expected to continue, indefinitely, and constitutes a substantial
disability for that individual. As defined by the Director of
Developmental Services, in consultation with the Superintendent of
Public Instruction, this term shall include mental retardation,
cerebral palsy, epilepsy, and autism. This term shall also include
disabling conditions found to be closely related to mental
retardation or to require treatment similar to that required for
individuals with mental retardation, but shall not include other
handicapping conditions that are solely physical in nature.
(b) "Services and supports for persons with developmental
disabilities" means specialized services and supports or special
adaptations of generic services and supports directed toward the
alleviation of a developmental disability or toward the social,
personal, physical, or economic habilitation or rehabilitation of an
individual with a developmental disability, or toward the achievement
and maintenance of independent, productive, normal lives. The
determination of which services and supports are necessary for each
consumer shall be made through the individual program plan process.
The determination shall be made on the basis of the needs and
preferences of the consumer or, when appropriate, the consumer's
family, and shall include consideration of a range of service options
proposed by individual program plan participants, the effectiveness
of each option in meeting the goals stated in the individual program
plan, and the cost-effectiveness of each option. Services and
supports listed in the individual program plan may include, but are
not limited to, diagnosis, evaluation, treatment, personal care, day
care, domiciliary care, special living arrangements, physical,
occupational, and speech therapy, training, education, supported and
sheltered employment, mental health services, recreation, counseling
of the individual with a developmental disability and of his or her
family, protective and other social and sociolegal services,
information and referral services, follow-along services, adaptive
equipment and supplies, advocacy assistance, including self-advocacy
training, facilitation and peer advocates, assessment, assistance in
locating a home, child care, behavior training and behavior
modification programs, camping, community integration services,
community support, daily living skills training, emergency and crisis
intervention, facilitating circles of support, habilitation,
homemaker services, infant stimulation programs, paid roommates, paid
neighbors, respite, short-term out-of-home care, social skills
training, specialized medical and dental care, supported living
arrangements, technical and financial assistance, travel training,
training for parents of children with developmental disabilities,
training for parents with developmental disabilities, vouchers, and
transportation services necessary to ensure delivery of services to
persons with developmental disabilities. Nothing in this subdivision
is intended to expand or authorize a new or different service or
support for any consumer unless that service or support is contained
in his or her individual program plan.
(c) Notwithstanding subdivisions (a) and (b), for any organization
or agency receiving federal financial participation under the
federal Developmental Disabilities Assistance and Bill of Rights Act,
as amended "developmental disability" and "services for persons with
developmental disabilities" means the terms as defined in the
federal act to the extent required by federal law.
(d) "Consumer" means a person who has a disability that meets the
definition of developmental disability set forth in subdivision (a).
(e) "Natural supports" means personal associations and
relationships typically developed in the community that enhance the
quality and security of life for people, including, but not limited
to, family relationships, friendships reflecting the diversity of the
neighborhood and the community, associations with fellow students or
employees in regular classrooms and workplaces, and associations
developed through participation in clubs, organizations, and other
civic activities.
(f) "Circle of support" means a committed group of community
members, who may include family members, meeting regularly with an
individual with developmental disabilities in order to share
experiences, promote autonomy and community involvement, and assist
the individual in establishing and maintaining natural supports. A
circle of support generally includes a plurality of members who
neither provide nor receive services or supports for persons with
developmental disabilities and who do not receive payment for
participation in the circle of support.
(g) "Facilitation" means the use of modified or adapted materials,
special instructions, equipment, or personal assistance by an
individual, such as assistance with communications, that will enable
a consumer to understand and participate to the maximum extent
possible in the decisions and choices that effect his or her life.
(h) "Family support services" means services and supports that are
provided to a child with developmental disabilities or his or her
family and that contribute to the ability of the family to reside
together.
(i) "Voucher" means any authorized alternative form of service
delivery in which the consumer or family member is provided with a
payment, coupon, chit, or other form of authorization that enables
the consumer or family member to choose his or her own service
provider.
(j) "Planning team" means the individual with developmental
disabilities, the parents or legally appointed guardian of a minor
consumer or the legally appointed conservator of an adult consumer,
the authorized representative, including those appointed pursuant to
subdivision (d) of Section 4548 and subdivision (e) of Section 4705,
one or more regional center representatives, including the designated
regional center service coordinator pursuant to subdivision (b) of
Section 4640.7, any individual, including a service provider, invited
by the consumer, the parents or legally appointed guardian of a
minor consumer or the legally appointed conservator of an adult
consumer, or the authorized representative, including those appointed
pursuant to subdivision (d) of Section 4548 and subdivision (e) of
Section 4705.
(k) "Stakeholder organizations" means statewide organizations
representing the interests of consumers, family members, service
providers, and statewide advocacy organizations.
(l) "Substantial disability" means the existence of significant
functional limitations in three or more of the following areas of
major life activity, as determined by a regional center, and as
appropriate to the age of the person:
(1) Self-care.
(2) Receptive and expressive language.
(3) Learning.
(4) Mobility.
(5) Self-direction.
(6) Capacity for independent living.
(7) Economic self-sufficiency.
Any reassessment of substantial disability for purposes of
continuing eligibility shall utilize the same criteria under which
the individual was originally made eligible.
4513. (a) Whenever the department allocates funds to a regional
center through a request for proposal process to implement special
projects funded through the Budget Act, the department shall require
that the regional center demonstrate community support for the
proposal.
(b) In awarding funds to regional centers to implement such
proposals, the department shall consider, among other indicators, the
following:
(1) The demonstrated commitment of the regional center in
establishing or expanding the service or support.
(2) The demonstrated ability of the regional center to implement
the proposal.
(3) The success or failure of previous efforts to establish or
expand the service or support.
(4) The need for the establishment or expansion of the service and
support in the regional center catchment area as compared to other
geographic areas.
(c) The department may require periodic progress reports from the
regional center in implementing a proposal.
(d) The department shall ensure that each funded and implemented
proposal be evaluated and that the evaluation process include the
input of consumers, families, providers and advocates, as
appropriate.
(e) The department shall make these evaluations available to the
public, upon request.
(f) The department shall develop and implement strategies for
fostering the duplication of successful projects.
4514. All information and records obtained in the course of
providing intake, assessment, and services under Division 4.1
(commencing with Section 4400), Division 4.5 (commencing with Section
4500), Division 6 (commencing with Section 6000), or Division 7
(commencing with Section 7100) to persons with developmental
disabilities shall be confidential. Information and records obtained
in the course of providing similar services to either voluntary or
involuntary recipients prior to 1969 shall also be confidential.
Information and records shall be disclosed only in any of the
following cases:
(a) In communications between qualified professional persons,
whether employed by a regional center or state developmental center,
or not, in the provision of intake, assessment, and services or
appropriate referrals. The consent of the person with a developmental
disability, or his or her guardian or conservator, shall be obtained
before information or records may be disclosed by regional center or
state developmental center personnel to a professional not employed
by the regional center or state developmental center, or a program
not vendored by a regional center or state developmental center.
(b) When the person with a developmental disability, who has the
capacity to give informed consent, designates individuals to whom
information or records may be released, except that nothing in this
chapter shall be construed to compel a physician, psychologist,
social worker, marriage and family therapist, nurse, attorney, or
other professional to reveal information that has been given to him
or her in confidence by a family member of the person unless a valid
release has been executed by that family member.
(c) To the extent necessary for a claim, or for a claim or
application to be made on behalf of a person with a developmental
disability for aid, insurance, government benefit, or medical
assistance to which he or she may be entitled.
(d) If the person with a developmental disability is a minor,
ward, or conservatee, and his or her parent, guardian, conservator,
or limited conservator with access to confidential records,
designates, in writing, persons to whom records or information may be
disclosed, except that nothing in this chapter shall be construed to
compel a physician, psychologist, social worker, marriage and family
therapist, nurse, attorney, or other professional to reveal
information that has been given to him or her in confidence by a
family member of the person unless a valid release has been executed
by that family member.
(e) For research, provided that the Director of Developmental
Services designates by regulation rules for the conduct of research
and requires the research to be first reviewed by the appropriate
institutional review board or boards. These rules shall include, but
need not be limited to, the requirement that all researchers shall
sign an oath of confidentiality as follows:
" _____________________________
Date
As a condition of doing research concerning persons with
developmental disabilities who have received services from ____ (fill
in the facility, agency or person), I, ____, agree to obtain the
prior informed consent of persons who have received services to the
maximum degree possible as determined by the appropriate
institutional review board or boards for protection of human subjects
reviewing my research, or the person's parent, guardian, or
conservator, and I further agree not to divulge any information
obtained in the course of the research to unauthorized persons, and
not to publish or otherwise make public any information regarding
persons who have received services so those persons who received
services are identifiable.
I recognize that the unauthorized release of confidential
information may make me subject to a civil action under provisions of
the Welfare and Institutions Code.
_________________________"
Signed
(f) To the courts, as necessary to the administration of justice.
(g) To governmental law enforcement agencies as needed for the
protection of federal and state elective constitutional officers and
their families.
(h) To the Senate Committee on Rules or the Assembly Committee on
Rules for the purposes of legislative investigation authorized by the
committee.
(i) To the courts and designated parties as part of a regional
center report or assessment in compliance with a statutory or
regulatory requirement, including, but not limited to, Section 1827.5
of the Probate Code, Sections 1001.22 and 1370.1 of the Penal Code,
Section 6502 of the Welfare and Institutions Code, and Section 56557
of Title 17 of the California Code of Regulations.
(j) To the attorney for the person with a developmental disability
in any and all proceedings upon presentation of a release of
information signed by the person, except that when the person lacks
the capacity to give informed consent, the regional center or state
developmental center director or designee, upon satisfying himself or
herself of the identity of the attorney, and of the fact that the
attorney represents the person, shall release all information and
records relating to the person except that nothing in this article
shall be construed to compel a physician, psychologist, social
worker, marriage and family therapist, nurse, attorney, or other
professional to reveal information that has been given to him or her
in confidence by a family member of the person unless a valid release
has been executed by that family member.
(k) Upon written consent by a person with a developmental
disability previously or presently receiving services from a regional
center or state developmental center, the director of the regional
center or state developmental center, or his or her designee, may
release any information, except information that has been given in
confidence by members of the family of the person with developmental
disabilities, requested by a probation officer charged with the
evaluation of the person after his or her conviction of a crime if
the regional center or state developmental center director or
designee determines that the information is relevant to the
evaluation. The consent shall only be operative until sentence is
passed on the crime of which the person was convicted. The
confidential information released pursuant to this subdivision shall
be transmitted to the court separately from the probation report and
shall not be placed in the probation report. The confidential
information shall remain confidential except for purposes of
sentencing. After sentencing, the confidential information shall be
sealed.
(l) Between persons who are trained and qualified to serve on
"multidisciplinary personnel" teams pursuant to subdivision (d) of
Section 18951. The information and records sought to be disclosed
shall be relevant to the prevention, identification, management, or
treatment of an abused child and his or her parents pursuant to
Chapter 11 (commencing with Section 18950) of Part 6 of Division 9.
(m) When a person with a developmental disability dies from any
cause, natural or otherwise, while hospitalized in a state
developmental center, the State Department of Developmental Services,
the physician in charge of the client, or the professional in charge
of the facility or his or her designee, shall release information
and records to the coroner. The State Department of Developmental
Services, the physician in charge of the client, or the professional
in charge of the facility or his or her designee, shall not release
any notes, summaries, transcripts, tapes, or records of conversations
between the resident and health professional personnel of the
hospital relating to the personal life of the resident that is not
related to the diagnosis and treatment of the resident's physical
condition. Any information released to the coroner pursuant to this
section shall remain confidential and shall be sealed and shall not
be made part of the public record.
(n) To authorized licensing personnel who are employed by, or who
are authorized representatives of, the State Department of Health
Services, and who are licensed or registered health professionals,
and to authorized legal staff or special investigators who are peace
officers who are employed by, or who are authorized representatives
of, the State Department of Social Services, as necessary to the
performance of their duties to inspect, license, and investigate
health facilities and community care facilities, and to ensure that
the standards of care and services provided in these facilities are
adequate and appropriate and to ascertain compliance with the rules
and regulations to which the facility is subject. The confidential
information shall remain confidential except for purposes of
inspection, licensing, or investigation pursuant to Chapter 2
(commencing with Section 1250) and Chapter 3 (commencing with Section
1500) of Division 2 of the Health and Safety Code, or a criminal,
civil, or administrative proceeding in relation thereto. The
confidential information may be used by the State Department of
Health Services or the State Department of Social Services in a
criminal, civil, or administrative proceeding. The confidential
information shall be available only to the judge or hearing officer
and to the parties to the case. Names which are confidential shall be
listed in attachments separate to the general pleadings. The
confidential information shall be sealed after the conclusion of the
criminal, civil, or administrative hearings, and shall not
subsequently be released except in accordance with this subdivision.
If the confidential information does not result in a criminal, civil,
or administrative proceeding, it shall be sealed after the State
Department of Health Services or the State Department of Social
Services decides that no further action will be taken in the matter
of suspected licensing violations. Except as otherwise provided in
this subdivision, confidential information in the possession of the
State Department of Health Services or the State Department of Social
Services shall not contain the name of the person with a
developmental disability.
(o) To any board which licenses and certifies professionals in the
fields of mental health and developmental disabilities pursuant to
state law, when the Director of Developmental Services has reasonable
cause to believe that there has occurred a violation of any
provision of law subject to the jurisdiction of a board and the
records are relevant to the violation. The information shall be
sealed after a decision is reached in the matter of the suspected
violation, and shall not subsequently be released except in
accordance with this subdivision. Confidential information in the
possession of the board shall not contain the name of the person with
a developmental disability.
(p) To governmental law enforcement agencies by the director of a
regional center or state developmental center, or his or her
designee, when (1) the person with a developmental disability has
been reported lost or missing or (2) there is probable cause to
believe that a person with a developmental disability has committed,
or has been the victim of, murder, manslaughter, mayhem, aggravated
mayhem, kidnapping, robbery, carjacking, assault with the intent to
commit a felony, arson, extortion, rape, forcible sodomy, forcible
oral copulation, assault or battery, or unlawful possession of a
weapon, as provided in Section 12020 of the Penal Code.
This subdivision shall be limited solely to information directly
relating to the factual circumstances of the commission of the
enumerated offenses and shall not include any information relating to
the mental state of the patient or the circumstances of his or her
treatment unless relevant to the crime involved.
This subdivision shall not be construed as an exception to, or in
any other way affecting, the provisions of Article 7 (commencing with
Section 1010) of Chapter 4 of Division 8 of the Evidence Code, or
Chapter 11 (commencing with Section 15600) and Chapter 13 (commencing
with Section 15750) of Part 3 of Division 9.
(q) To the Youth Authority and Adult Correctional Agency or any
component thereof, as necessary to the administration of justice.
(r) To an agency mandated to investigate a report of abuse filed
pursuant to either Section 11164 of the Penal Code or Section 15630
of the Welfare and Institutions Code for the purposes of either a
mandated or voluntary report or when those agencies request
information in the course of conducting their investigation.
(s) When a person with developmental disabilities, or the parent,
guardian, or conservator of a person with developmental disabilities
who lacks capacity to consent, fails to grant or deny a request by a
regional center or state developmental center to release information
or records relating to the person with developmental disabilities
within a reasonable period of time, the director of the regional or
developmental center, or his or her designee, may release information
or records on behalf of that person provided both of the following
conditions are met:
(1) Release of the information or records is deemed necessary to
protect the person's health, safety, or welfare.
(2) The person, or the person's parent, guardian, or conservator,
has been advised annually in writing of the policy of the regional
center or state developmental center for release of confidential
client information or records when the person with developmental
disabilities, or the person's parent, guardian, or conservator, fails
to respond to a request for release of the information or records
within a reasonable period of time. A statement of policy contained
in the client's individual program plan shall be deemed to comply
with the notice requirement of this paragraph.
(t) (1) When an employee is served with a notice of adverse
action, as defined in Section 19570 of the Government Code, the
following information and records may be released:
(A) All information and records that the appointing authority
relied upon in issuing the notice of adverse action.
(B) All other information and records that are relevant to the
adverse action, or that would constitute relevant evidence as defined
in Section 210 of the Evidence Code.
(C) The information described in subparagraphs (A) and (B) may be
released only if both of the following conditions are met:
(i) The appointing authority has provided written notice to the
consumer and the consumer's legal representative or, if the consumer
has no legal representative or if the legal representative is a state
agency, to the clients' rights advocate, and the consumer, the
consumer's legal representative, or the clients' rights advocate has
not objected in writing to the appointing authority within five
business days of receipt of the notice, or the appointing authority,
upon review of the objection has determined that the circumstances on
which the adverse action is based are egregious or threaten the
health, safety, or life of the consumer or other consumers and
without the information the adverse action could not be taken.
(ii) The appointing authority, the person against whom the adverse
action has been taken, and the person's representative, if any, have
entered into a stipulation that does all of the following:
(I) Prohibits the parties from disclosing or using the information
or records for any purpose other than the proceedings for which the
information or records were requested or provided.
(II) Requires the employee and the employee's legal representative
to return to the appointing authority all records provided to them
under this subdivision, including, but not limited to, all records
and documents or copies thereof that are no longer in the possession
of the employee or the employee's legal representative because they
were from any source containing confidential information protected by
this section, and all copies of those records and documents, within
10 days of the date that the adverse action becomes final except for
the actual records and documents submitted to the administrative
tribunal as a component of an appeal from the adverse action.
(III) Requires the parties to submit the stipulation to the
administrative tribunal with jurisdiction over the adverse action at
the earliest possible opportunity.
(2) For the purposes of this subdivision, the State Personnel
Board may, prior to any appeal from adverse action being filed with
it, issue a protective order, upon application by the appointing
authority, for the limited purpose of prohibiting the parties from
disclosing or using information or records for any purpose other than
the proceeding for which the information or records were requested
or provided, and to require the employee or the employee's legal
representative to return to the appointing authority all records
provided to them under this subdivision, including, but not limited
to, all records and documents from any source containing confidential
information protected by this section, and all copies of those
records and documents, within 10 days of the date that the adverse
action becomes final, except for the actual records and documents
that are no longer in the possession of the employee or the employee'
s legal representatives because they were submitted to the
administrative tribunal as a component of an appeal from the adverse
action.
(3) Individual identifiers, including, but not limited to, names,
social security numbers, and hospital numbers, that are not necessary
for the prosecution or defense of the adverse action, shall not be
disclosed.
(4) All records, documents, or other materials containing
confidential information protected by this section that have been
submitted or otherwise disclosed to the administrative agency or
other person as a component of an appeal from an adverse action
shall, upon proper motion by the appointing authority to the
administrative tribunal, be placed under administrative seal and
shall not, thereafter, be subject to disclosure to any person or
entity except upon the issuance of an order of a court of competent
jurisdiction.
(5) For purposes of this subdivision, an adverse action becomes
final when the employee fails to answer within the time specified in
Section 19575 of the Government Code, or, after filing an answer,
withdraws the appeal, or, upon exhaustion of the administrative
appeal or of the judicial review remedies as otherwise provided by
law.
4514. All information and records obtained in the course of
providing intake, assessment, and services under Division 4.1
(commencing with Section 4400), Division 4.5 (commencing with Section
4500), Division 6 (commencing with Section 6000), or Division 7
(commencing with Section 7100) to persons with developmental
disabilities shall be confidential. Information and records obtained
in the course of providing similar services to either voluntary or
involuntary recipients prior to 1969 shall also be confidential.
Information and records shall be disclosed only in any of the
following cases:
(a) In communications between qualified professional persons,
whether employed by a regional center or state developmental center,
or not, in the provision of intake, assessment, and services or
appropriate referrals. The consent of the person with a developmental
disability, or his or her guardian or conservator, shall be obtained
before information or records may be disclosed by regional center or
state developmental center personnel to a professional not employed
by the regional center or state developmental center, or a program
not vendored by a regional center or state developmental center.
(b) When the person with a developmental disability, who has the
capacity to give informed consent, designates individuals to whom
information or records may be released, except that nothing in this
chapter shall be construed to compel a physician, psychologist,
social worker, marriage and family therapist, nurse, attorney, or
other professional to reveal information that has been given to him
or her in confidence by a family member of the person unless a valid
release has been executed by that family member.
(c) To the extent necessary for a claim, or for a claim or
application to be made on behalf of a person with a developmental
disability for aid, insurance, government benefit, or medical
assistance to which he or she may be entitled.
(d) If the person with a developmental disability is a minor,
ward, or conservatee, and his or her parent, guardian, conservator,
or limited conservator with access to confidential records,
designates, in writing, persons to whom records or information may be
disclosed, except that nothing in this chapter shall be construed to
compel a physician, psychologist, social worker, marriage and family
therapist, nurse, attorney, or other professional to reveal
information that has been given to him or her in confidence by a
family member of the person unless a valid release has been executed
by that family member.
(e) For research, provided that the Director of Developmental
Services designates by regulation rules for the conduct of research
and requires the research to be first reviewed by the appropriate
institutional review board or boards. These rules shall include, but
need not be limited to, the requirement that all researchers shall
sign an oath of confidentiality as follows:
" _____________________________
Date
As a condition of doing research concerning persons with
developmental disabilities who have received services from ____ (fill
in the facility, agency or person), I, ____, agree to obtain the
prior informed consent of persons who have received services to the
maximum degree possible as determined by the appropriate
institutional review board or boards for protection of human subjects
reviewing my research, or the person's parent, guardian, or
conservator, and I further agree not to divulge any information
obtained in the course of the research to unauthorized persons, and
not to publish or otherwise make public any information regarding
persons who have received services so those persons who received
services are identifiable.
I recognize that the unauthorized release of confidential
information may make me subject to a civil action under provisions of
the Welfare and Institutions Code.
_________________________"
Signed
(f) To the courts, as necessary to the administration of justice.
(g) To governmental law enforcement agencies as needed for the
protection of federal and state elective constitutional officers and
their families.
(h) To the Senate Committee on Rules or the Assembly Committee on
Rules for the purposes of legislative investigation authorized by the
committee.
(i) To the courts and designated parties as part of a regional
center report or assessment in compliance with a statutory or
regulatory requirement, including, but not limited to, Section 1827.5
of the Probate Code, Sections 1001.22 and 1370.1 of the Penal Code,
Section 6502 of the Welfare and Institutions Code, and Section 56557
of Title 17 of the California Code of Regulations.
(j) To the attorney for the person with a developmental disability
in any and all proceedings upon presentation of a release of
information signed by the person, except that when the person lacks
the capacity to give informed consent, the regional center or state
developmental center director or designee, upon satisfying himself or
herself of the identity of the attorney, and of the fact that the
attorney represents the person, shall release all information and
records relating to the person except that nothing in this article
shall be construed to compel a physician, psychologist, social
worker, marriage and family therapist, nurse, attorney, or other
professional to reveal information that has been given to him or her
in confidence by a family member of the person unless a valid release
has been executed by that family member.
(k) Upon written consent by a person with a developmental
disability previously or presently receiving services from a regional
center or state developmental center, the director of the regional
center or state developmental center, or his or her designee, may
release any information, except information that has been given in
confidence by members of the family of the person with developmental
disabilities, requested by a probation officer charged with the
evaluation of the person after his or her conviction of a crime if
the regional center or state developmental center director or
designee determines that the information is relevant to the
evaluation. The consent shall only be operative until sentence is
passed on the crime of which the person was convicted. The
confidential information released pursuant to this subdivision shall
be transmitted to the court separately from the probation report and
shall not be placed in the probation report. The confidential
information shall remain confidential except for purposes of
sentencing. After sentencing, the confidential information shall be
sealed.
(l) Between persons who are trained and qualified to serve on
"multidisciplinary personnel" teams pursuant to subdivision (d) of
Section 18951. The information and records sought to be disclosed
shall be relevant to the prevention, identification, management, or
treatment of an abused child and his or her parents pursuant to
Chapter 11 (commencing with Section 18950) of Part 6 of Division 9.
(m) When a person with a developmental disability dies from any
cause, natural or otherwise, while hospitalized in a state
developmental center, the State Department of Developmental Services,
the physician in charge of the client, or the professional in charge
of the facility or his or her designee, shall release information
and records to the coroner. The State Department of Developmental
Services, the physician in charge of the client, or the professional
in charge of the facility or his or her designee, shall not release
any notes, summaries, transcripts, tapes, or records of conversations
between the resident and health professional personnel of the
hospital relating to the personal life of the resident that is not
related to the diagnosis and treatment of the resident's physical
condition. Any information released to the coroner pursuant to this
section shall remain confidential and shall be sealed and shall not
be made part of the public record.
(n) To authorized licensing personnel who are employed by, or who
are authorized representatives of, the State Department of Health
Services, and who are licensed or registered health professionals,
and to authorized legal staff or special investigators who are peace
officers who are employed by, or who are authorized representatives
of, the State Department of Social Services, as necessary to the
performance of their duties to inspect, license, and investigate
health facilities and community care facilities, and to ensure that
the standards of care and services provided in these facilities are
adequate and appropriate and to ascertain compliance with the rules
and regulations to which the facility is subject. The confidential
information shall remain confidential except for purposes of
inspection, licensing, or investigation pursuant to Chapter 2
(commencing with Section 1250) and Chapter 3 (commencing with Section
1500) of Division 2 of the Health and Safety Code, or a criminal,
civil, or administrative proceeding in relation thereto. The
confidential information may be used by the State Department of
Health Services or the State Department of Social Services in a
criminal, civil, or administrative proceeding. The confidential
information shall be available only to the judge or hearing officer
and to the parties to the case. Names which are confidential shall be
listed in attachments separate to the general pleadings. The
confidential information shall be sealed after the conclusion of the
criminal, civil, or administrative hearings, and shall not
subsequently be released except in accordance with this subdivision.
If the confidential information does not result in a criminal, civil,
or administrative proceeding, it shall be sealed after the State
Department of Health Services or the State Department of Social
Services decides that no further action will be taken in the matter
of suspected licensing violations. Except as otherwise provided in
this subdivision, confidential information in the possession of the
State Department of Health Services or the State Department of Social
Services shall not contain the name of the person with a
developmental disability.
(o) To any board which licenses and certifies professionals in the
fields of mental health and developmental disabilities pursuant to
state law, when the Director of Developmental Services has reasonable
cause to believe that there has occurred a violation of any
provision of law subject to the jurisdiction of a board and the
records are relevant to the violation. The information shall be
sealed after a decision is reached in the matter of the suspected
violation, and shall not subsequently be released except in
accordance with this subdivision. Confidential information in the
possession of the board shall not contain the name of the person with
a developmental disability.
(p) To governmental law enforcement agencies by the director of a
regional center or state developmental center, or his or her
designee, when (1) the person with a developmental disability has
been reported lost or missing or (2) there is probable cause to
believe that a person with a developmental disability has committed,
or has been the victim of, murder, manslaughter, mayhem, aggravated
mayhem, kidnapping, robbery, carjacking, assault with the intent to
commit a felony, arson, extortion, rape, forcible sodomy, forcible
oral copulation, assault or battery, or unlawful possession of a
weapon, as provided in any provision listed in Section 16590 of the
Penal Code.
This subdivision shall be limited solely to information directly
relating to the factual circumstances of the commission of the
enumerated offenses and shall not include any information relating to
the mental state of the patient or the circumstances of his or her
treatment unless relevant to the crime involved.
This subdivision shall not be construed as an exception to, or in
any other way affecting, the provisions of Article 7 (commencing with
Section 1010) of Chapter 4 of Division 8 of the Evidence Code, or
Chapter 11 (commencing with Section 15600) and Chapter 13 (commencing
with Section 15750) of Part 3 of Division 9.
(q) To the Youth Authority and Adult Correctional Agency or any
component thereof, as necessary to the administration of justice.
(r) To an agency mandated to investigate a report of abuse filed
pursuant to either Section 11164 of the Penal Code or Section 15630
of the Welfare and Institutions Code for the purposes of either a
mandated or voluntary report or when those agencies request
information in the course of conducting their investigation.
(s) When a person with developmental disabilities, or the parent,
guardian, or conservator of a person with developmental disabilities
who lacks capacity to consent, fails to grant or deny a request by a
regional center or state developmental center to release information
or records relating to the person with developmental disabilities
within a reasonable period of time, the director of the regional or
developmental center, or his or her designee, may release information
or records on behalf of that person provided both of the following
conditions are met:
(1) Release of the information or records is deemed necessary to
protect the person's health, safety, or welfare.
(2) The person, or the person's parent, guardian, or conservator,
has been advised annually in writing of the policy of the regional
center or state developmental center for release of confidential
client information or records when the person with developmental
disabilities, or the person's parent, guardian, or conservator, fails
to respond to a request for release of the information or records
within a reasonable period of time. A statement of policy contained
in the client's individual program plan shall be deemed to comply
with the notice requirement of this paragraph.
(t) (1) When an employee is served with a notice of adverse
action, as defined in Section 19570 of the Government Code, the
following information and records may be released:
(A) All information and records that the appointing authority
relied upon in issuing the notice of adverse action.
(B) All other information and records that are relevant to the
adverse action, or that would constitute relevant evidence as defined
in Section 210 of the Evidence Code.
(C) The information described in subparagraphs (A) and (B) may be
released only if both of the following conditions are met:
(i) The appointing authority has provided written notice to the
consumer and the consumer's legal representative or, if the consumer
has no legal representative or if the legal representative is a state
agency, to the clients' rights advocate, and the consumer, the
consumer's legal representative, or the clients' rights advocate has
not objected in writing to the appointing authority within five
business days of receipt of the notice, or the appointing authority,
upon review of the objection has determined that the circumstances on
which the adverse action is based are egregious or threaten the
health, safety, or life of the consumer or other consumers and
without the information the adverse action could not be taken.
(ii) The appointing authority, the person against whom the adverse
action has been taken, and the person's representative, if any, have
entered into a stipulation that does all of the following:
(I) Prohibits the parties from disclosing or using the information
or records for any purpose other than the proceedings for which the
information or records were requested or provided.
(II) Requires the employee and the employee's legal representative
to return to the appointing authority all records provided to them
under this subdivision, including, but not limited to, all records
and documents or copies thereof that are no longer in the possession
of the employee or the employee's legal representative because they
were from any source containing confidential information protected by
this section, and all copies of those records and documents, within
10 days of the date that the adverse action becomes final except for
the actual records and documents submitted to the administrative
tribunal as a component of an appeal from the adverse action.
(III) Requires the parties to submit the stipulation to the
administrative tribunal with jurisdiction over the adverse action at
the earliest possible opportunity.
(2) For the purposes of this subdivision, the State Personnel
Board may, prior to any appeal from adverse action being filed with
it, issue a protective order, upon application by the appointing
authority, for the limited purpose of prohibiting the parties from
disclosing or using information or records for any purpose other than
the proceeding for which the information or records were requested
or provided, and to require the employee or the employee's legal
representative to return to the appointing authority all records
provided to them under this subdivision, including, but not limited
to, all records and documents from any source containing confidential
information protected by this section, and all copies of those
records and documents, within 10 days of the date that the adverse
action becomes final, except for the actual records and documents
that are no longer in the possession of the employee or the employee'
s legal representatives because they were submitted to the
administrative tribunal as a component of an appeal from the adverse
action.
(3) Individual identifiers, including, but not limited to, names,
social security numbers, and hospital numbers, that are not necessary
for the prosecution or defense of the adverse action, shall not be
disclosed.
(4) All records, documents, or other materials containing
confidential information protected by this section that have been
submitted or otherwise disclosed to the administrative agency or
other person as a component of an appeal from an adverse action
shall, upon proper motion by the appointing authority to the
administrative tribunal, be placed under administrative seal and
shall not, thereafter, be subject to disclosure to any person or
entity except upon the issuance of an order of a court of competent
jurisdiction.
(5) For purposes of this subdivision, an adverse action becomes
final when the employee fails to answer within the time specified in
Section 19575 of the Government Code, or, after filing an answer,
withdraws the appeal, or, upon exhaustion of the administrative
appeal or of the judicial review remedies as otherwise provided by
law.
4514.3. (a) Notwithstanding Section 4514, information and records
shall be disclosed to the protection and advocacy agency designated
by the Governor in this state to fulfill the requirements and
assurances of the federal Developmental Disabilities Assistance and
Bill of Rights Act of 2000, contained in Chapter 144 (commencing with
Section 15001) of Title 42 of the United States Code, for the
protection and advocacy of the rights of persons with developmental
disabilities, as defined in Section 15002(8) of Title 42 of the
United States Code.
(b) Acc
4500. This division shall be known and may be cited as the
Lanterman Developmental Disabilities Services Act.
4500.5. The Legislature makes the following findings regarding the
State of California's responsibility to provide services to persons
with developmental disabilities, and the right of those individuals
to receive services, pursuant to this division:
(a) Since the enactment of this division in 1977, the number of
consumers receiving services under this division has substantially
increased and the nature, variety, and types of services necessary to
meet the needs of the consumers and their families have also
changed. Over the years the concept of service delivery has undergone
numerous revisions. Services that were once deemed desirable by
consumers and families may now no longer be appropriate, or the means
of service delivery may be outdated.
(b) As a result of the increased demands for services and changes
in the methods in which those services are provided to consumers and
their families, the value statements and principles contained in this
division should be updated.
(c) It is the intent of the Legislature, in enacting the act that
added this section, to update existing law; clarify the role of
consumers and their families in determining service needs; and to
describe more fully service options available to consumers and their
families, pursuant to the individual program plan. Nothing in these
provisions shall be construed to expand the existing entitlement to
services for persons with developmental disabilities set forth in
this division.
(d) It is the intent of the Legislature that the department
monitor regional centers so that an individual consumer eligible for
services and supports under this division receive the services and
supports identified in his or her individual program plan.
4501. The State of California accepts a responsibility for persons
with developmental disabilities and an obligation to them which it
must discharge. Affecting hundreds of thousands of children and
adults directly, and having an important impact on the lives of their
families, neighbors, and whole communities, developmental
disabilities present social, medical, economic, and legal problems of
extreme importance.
The complexities of providing services and supports to persons
with developmental disabilities requires the coordination of services
of many state departments and community agencies to ensure that no
gaps occur in communication or provision of services and supports. A
consumer of services and supports, and where appropriate, his or her
parents, legal guardian, or conservator, shall have a leadership role
in service design.
An array of services and supports should be established which is
sufficiently complete to meet the needs and choices of each person
with developmental disabilities, regardless of age or degree of
disability, and at each stage of life and to support their
integration into the mainstream life of the community. To the maximum
extent feasible, services and supports should be available
throughout the state to prevent the dislocation of persons with
developmental disabilities from their home communities.
Services and supports should be available to enable persons with
developmental disabilities to approximate the pattern of everyday
living available to people without disabilities of the same age.
Consumers of services and supports, and where appropriate, their
parents, legal guardian, or conservator, should be empowered to make
choices in all life areas. These include promoting opportunities for
individuals with developmental disabilities to be integrated into the
mainstream of life in their home communities, including supported
living and other appropriate community living arrangements. In
providing these services, consumers and their families, when
appropriate, should participate in decisions affecting their own
lives, including, but not limited to, where and with whom they live,
their relationships with people in their community, the way in which
they spend their time, including education, employment, and leisure,
the pursuit of their own personal future, and program planning and
implementation. The contributions made by parents and family members
in support of their children and relatives with developmental
disabilities are important and those relationships should also be
respected and fostered, to the maximum extent feasible, so that
consumers and their families can build circles of support within the
community.
The Legislature finds that the mere existence or the delivery of
services and supports is, in itself, insufficient evidence of program
effectiveness. It is the intent of the Legislature that agencies
serving persons with developmental disabilities shall produce
evidence that their services have resulted in consumer or family
empowerment and in more independent, productive, and normal lives for
the persons served. It is further the intent of the Legislature that
the Department of Developmental Services, through appropriate and
regular monitoring activities, ensure that regional centers meet
their statutory, regulatory, and contractual obligations in providing
services to persons with developmental disabilities. The Legislature
declares its intent to monitor program results through continued
legislative oversight and review of requests for appropriations to
support developmental disabilities programs.
4501.5. In counties where State Department of Developmental
Services hospitals are located, the state hospitals shall ensure that
appropriate special education and related services, pursuant to
Chapter 8 (commencing with Section 56850) of Part 30 of the Education
Code, are provided eligible individuals with exceptional needs
residing in state hospitals.
4502. Persons with developmental disabilities have the same legal
rights and responsibilities guaranteed all other individuals by the
United States Constitution and laws and the Constitution and laws of
the State of California. No otherwise qualified person by reason of
having a developmental disability shall be excluded from
participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity, which receives public
funds.
It is the intent of the Legislature that persons with
developmental disabilities shall have rights including, but not
limited to, the following:
(a) A right to treatment and habilitation services and supports in
the least restrictive environment. Treatment and habilitation
services and supports should foster the developmental potential of
the person and be directed toward the achievement of the most
independent, productive, and normal lives possible. Such services
shall protect the personal liberty of the individual and shall be
provided with the least restrictive conditions necessary to achieve
the purposes of the treatment, services, or supports.
(b) A right to dignity, privacy, and humane care. To the maximum
extent possible, treatment, services, and supports shall be provided
in natural community settings.
(c) A right to participate in an appropriate program of publicly
supported education, regardless of degree of disability.
(d) A right to prompt medical care and treatment.
(e) A right to religious freedom and practice.
(f) A right to social interaction and participation in community
activities.
(g) A right to physical exercise and recreational opportunities.
(h) A right to be free from harm, including unnecessary physical
restraint, or isolation, excessive medication, abuse, or neglect.
(i) A right to be free from hazardous procedures.
(j) A right to make choices in their own lives, including, but not
limited to, where and with whom they live, their relationships with
people in their community, the way they spend their time, including
education, employment, and leisure, the pursuit of their personal
future, and program planning and implementation.
4502.1. The right of individuals with developmental disabilities to
make choices in their own lives requires that all public or private
agencies receiving state funds for the purpose of serving persons
with developmental disabilities, including, but not limited to,
regional centers, shall respect the choices made by consumers or,
where appropriate, their parents, legal guardian, or conservator.
Those public or private agencies shall provide consumers with
opportunities to exercise decisionmaking skills in any aspect of
day-to-day living and shall provide consumers with relevant
information in an understandable form to aid the consumer in making
his or her choice.
4503. Each person with developmental disabilities who has been
admitted or committed to a state hospital, community care facility as
defined in Section 1502 of the Health and Safety Code, or a health
facility as defined in Section 1250 of the Health and Safety Code
shall have the following rights, a list of which shall be prominently
posted in English, Spanish, and other appropriate languages, in all
facilities providing those services and otherwise brought to his or
her attention by any additional means as the Director of
Developmental Services may designate by regulation:
(a) To wear his or her own clothes, to keep and use his or her own
personal possessions including his or her toilet articles, and to
keep and be allowed to spend a reasonable sum of his or her own money
for canteen expenses and small purchases.
(b) To have access to individual storage space for his or her
private use.
(c) To see visitors each day.
(d) To have reasonable access to telephones, both to make and
receive confidential calls.
(e) To have ready access to letterwriting materials, including
stamps, and to mail and receive unopened correspondence.
(f) To refuse electroconvulsive therapy.
(g) To refuse behavior modification techniques which cause pain or
trauma.
(h) To refuse psychosurgery notwithstanding the provisions of
Sections 5325, 5326, and 5326.3. Psychosurgery means those operations
currently referred to as lobotomy, psychiatric surgery, and
behavioral surgery and all other forms of brain surgery if the
surgery is performed for any of the following purposes:
(1) Modification or control of thoughts, feelings, actions, or
behavior rather than the treatment of a known and diagnosed physical
disease of the brain.
(2) Modification of normal brain function or normal brain tissue
in order to control thoughts, feelings, action, or behavior.
(3) Treatment of abnormal brain function or abnormal brain tissue
in order to modify thoughts, feelings, actions, or behavior when the
abnormality is not an established cause for those thoughts, feelings,
actions, or behavior.
(i) To make choices in areas including, but not limited to, his or
her daily living routines, choice of companions, leisure and social
activities, and program planning and implementation.
(j) Other rights, as specified by regulation.
4504. The professional person in charge of the facility or his
designee may, for good cause, deny a person any of the rights
specified under subdivisions (a), (b), (c), (d), and (e) of Section
4503. To ensure that these rights are denied only for good cause, the
Director of Developmental Services shall adopt regulations
specifying the conditions under which they may be denied. Denial of a
person's rights shall in all cases be entered into the person's
treatment record and shall be reported to the Director of
Developmental Services on a quarterly basis. The content of these
records shall enable the Director of Developmental Services to
identify individual treatment records, if necessary, for future
analysis and investigation. These reports shall be available, upon
request, to Members of the Legislature. Information pertaining to
denial of rights contained in the person's treatment record shall be
made available, on request, to the person, his attorney, his parents,
his conservator or guardian, the State Department of Developmental
Services, and Members of the Legislature.
4505. For the purposes of subdivisions (f) and (g) of Section 4503,
if the patient is a minor age 15 years or over, the right to refuse
may be exercised either by the minor or his parent, guardian,
conservator, or other person entitled to his custody.
If the patient or his parent, guardian, conservator, or other
person responsible for his custody do not refuse the forms of
treatment or behavior modification described in subdivisions (f) and
(g) of Section 4503, such treatment and behavior modification may be
provided only after review and approval by a peer review committee.
The Director of Developmental Services shall, by March 1, 1977, adopt
regulations establishing peer review procedures for this purpose.
4507. Developmental disabilities alone shall not constitute
sufficient justification for judicial commitment. Instead, persons
with developmental disabilities shall receive services pursuant to
this division. Persons who constitute a danger to themselves or
others may be judicially committed if evidence of such danger is
proven in court.
4508. Persons with developmental disabilities may be released from
developmental centers for provisional placement, with parental
consent in the case of a minor or with the consent of an adult person
with developmental disabilities or with the consent of the guardian
or conservator of the person with developmental disabilities, not to
exceed twelve months, and shall be referred to a regional center for
services pursuant to this division. Any person placed pursuant to
this section shall have an automatic right of return to the
developmental center during the period of provisional placement.
4509. By January 1, 1977, the Director of Developmental Services
shall compile a roster of all persons who are in the custody of a
state hospital, or on leave therefrom, pursuant to an order of
judicial commitment as a mentally retarded person made prior to
January 1, 1976. The appropriate regional center shall be given a
copy of the names and pertinent records of the judicially committed
retarded persons within its jurisdiction, and shall investigate the
need and propriety of further judicial commitment of such persons
under the provisions of Sections 6500 and 6500.1.
Each regional center shall complete all investigations required by
this section within two years after the roster is submitted. In
conducting its investigations, each regional center shall solicit
information, advice, and recommendations of state hospital personnel
familiar with the person whose needs are being evaluated.
For those persons found by a regional center to no longer require
state hospital care, the regional center shall immediately prepare an
individual program plan pursuant to Sections 4646 and 4648 for the
provision of appropriate alternative services outside the state
hospital.
If such alternative is not immediately available, the regional
center shall give continuing high priority to the location and
development of such services. As part of the program budget
submission required in Section 4776, the regional director shall
include a report specifying:
(a) The number of state hospital residents for whom a community
alternative is deemed more suitable than a state hospital.
(b) The number of residents for whom no placement is made because
of a lack of community services.
(c) The number, type, nature, and cost of community services that
would be necessary in order for placement to occur.
For those persons found to be in continued need of state hospital
care, the regional center shall either admit such person as a
voluntary resident of the state hospital, or shall file a petition
seeking the commitment of those persons for whom commitment is
believed to be appropriate.
4510. The State Department of Developmental Services and the State
Department of Mental Health shall jointly develop and implement a
statewide program for encouraging the establishment of sufficient
numbers and types of living arrangements, both in communities and
state hospitals, as necessary to meet the needs of persons served by
those departments. The departments shall consult with the following
organizations in the development of procedures pursuant to this
section:
(a) The League of California Cities, the County Supervisors
Association of California, and representatives of other local
agencies.
(b) Organizations or advocates for clients receiving services in
residential care services.
(c) Providers of residential care services.
4511. (a) The Legislature finds and declares that meeting the needs
and honoring the choices of persons with developmental disabilities
and their families requires information, skills and coordination and
collaboration between consumers, families, regional centers,
advocates and service and support providers.
(b) The Legislature further finds and declares that innovative and
ongoing training opportunities can enhance the information and
skills necessary and foster improved coordination and cooperation
between system participants.
(c) The department shall be responsible, subject to the
availability of fiscal and personnel resources, for securing,
providing, and coordinating training to assist consumers and their
families, regional centers, and services and support providers in
acquiring the skills, knowledge, and competencies to achieve the
purposes of this division.
(d) This training may include health and safety issues;
person-centered planning; consumer and family rights; building
circles of support; training and review protocols for the use of
psychotropic and other medications; crime prevention; life quality
assessment and outcomes; maximizing inclusive opportunities in the
community; how to communicate effectively with consumers; and
developing opportunities for decisionmaking.
(e) Whenever possible, the department shall utilize existing
training tools and expertise.
(f) Each training module shall include an evaluation component.
(g) The department shall establish an advisory group, consisting
of consumers, family members, regional centers, service providers,
advocates and legislative representatives. The advisory group shall
make recommendations for training subjects, review the design of
training modules, and assess training outcomes.
4512. As used in this division:
(a) "Developmental disability" means a disability that originates
before an individual attains age 18 years, continues, or can be
expected to continue, indefinitely, and constitutes a substantial
disability for that individual. As defined by the Director of
Developmental Services, in consultation with the Superintendent of
Public Instruction, this term shall include mental retardation,
cerebral palsy, epilepsy, and autism. This term shall also include
disabling conditions found to be closely related to mental
retardation or to require treatment similar to that required for
individuals with mental retardation, but shall not include other
handicapping conditions that are solely physical in nature.
(b) "Services and supports for persons with developmental
disabilities" means specialized services and supports or special
adaptations of generic services and supports directed toward the
alleviation of a developmental disability or toward the social,
personal, physical, or economic habilitation or rehabilitation of an
individual with a developmental disability, or toward the achievement
and maintenance of independent, productive, normal lives. The
determination of which services and supports are necessary for each
consumer shall be made through the individual program plan process.
The determination shall be made on the basis of the needs and
preferences of the consumer or, when appropriate, the consumer's
family, and shall include consideration of a range of service options
proposed by individual program plan participants, the effectiveness
of each option in meeting the goals stated in the individual program
plan, and the cost-effectiveness of each option. Services and
supports listed in the individual program plan may include, but are
not limited to, diagnosis, evaluation, treatment, personal care, day
care, domiciliary care, special living arrangements, physical,
occupational, and speech therapy, training, education, supported and
sheltered employment, mental health services, recreation, counseling
of the individual with a developmental disability and of his or her
family, protective and other social and sociolegal services,
information and referral services, follow-along services, adaptive
equipment and supplies, advocacy assistance, including self-advocacy
training, facilitation and peer advocates, assessment, assistance in
locating a home, child care, behavior training and behavior
modification programs, camping, community integration services,
community support, daily living skills training, emergency and crisis
intervention, facilitating circles of support, habilitation,
homemaker services, infant stimulation programs, paid roommates, paid
neighbors, respite, short-term out-of-home care, social skills
training, specialized medical and dental care, supported living
arrangements, technical and financial assistance, travel training,
training for parents of children with developmental disabilities,
training for parents with developmental disabilities, vouchers, and
transportation services necessary to ensure delivery of services to
persons with developmental disabilities. Nothing in this subdivision
is intended to expand or authorize a new or different service or
support for any consumer unless that service or support is contained
in his or her individual program plan.
(c) Notwithstanding subdivisions (a) and (b), for any organization
or agency receiving federal financial participation under the
federal Developmental Disabilities Assistance and Bill of Rights Act,
as amended "developmental disability" and "services for persons with
developmental disabilities" means the terms as defined in the
federal act to the extent required by federal law.
(d) "Consumer" means a person who has a disability that meets the
definition of developmental disability set forth in subdivision (a).
(e) "Natural supports" means personal associations and
relationships typically developed in the community that enhance the
quality and security of life for people, including, but not limited
to, family relationships, friendships reflecting the diversity of the
neighborhood and the community, associations with fellow students or
employees in regular classrooms and workplaces, and associations
developed through participation in clubs, organizations, and other
civic activities.
(f) "Circle of support" means a committed group of community
members, who may include family members, meeting regularly with an
individual with developmental disabilities in order to share
experiences, promote autonomy and community involvement, and assist
the individual in establishing and maintaining natural supports. A
circle of support generally includes a plurality of members who
neither provide nor receive services or supports for persons with
developmental disabilities and who do not receive payment for
participation in the circle of support.
(g) "Facilitation" means the use of modified or adapted materials,
special instructions, equipment, or personal assistance by an
individual, such as assistance with communications, that will enable
a consumer to understand and participate to the maximum extent
possible in the decisions and choices that effect his or her life.
(h) "Family support services" means services and supports that are
provided to a child with developmental disabilities or his or her
family and that contribute to the ability of the family to reside
together.
(i) "Voucher" means any authorized alternative form of service
delivery in which the consumer or family member is provided with a
payment, coupon, chit, or other form of authorization that enables
the consumer or family member to choose his or her own service
provider.
(j) "Planning team" means the individual with developmental
disabilities, the parents or legally appointed guardian of a minor
consumer or the legally appointed conservator of an adult consumer,
the authorized representative, including those appointed pursuant to
subdivision (d) of Section 4548 and subdivision (e) of Section 4705,
one or more regional center representatives, including the designated
regional center service coordinator pursuant to subdivision (b) of
Section 4640.7, any individual, including a service provider, invited
by the consumer, the parents or legally appointed guardian of a
minor consumer or the legally appointed conservator of an adult
consumer, or the authorized representative, including those appointed
pursuant to subdivision (d) of Section 4548 and subdivision (e) of
Section 4705.
(k) "Stakeholder organizations" means statewide organizations
representing the interests of consumers, family members, service
providers, and statewide advocacy organizations.
(l) "Substantial disability" means the existence of significant
functional limitations in three or more of the following areas of
major life activity, as determined by a regional center, and as
appropriate to the age of the person:
(1) Self-care.
(2) Receptive and expressive language.
(3) Learning.
(4) Mobility.
(5) Self-direction.
(6) Capacity for independent living.
(7) Economic self-sufficiency.
Any reassessment of substantial disability for purposes of
continuing eligibility shall utilize the same criteria under which
the individual was originally made eligible.
4513. (a) Whenever the department allocates funds to a regional
center through a request for proposal process to implement special
projects funded through the Budget Act, the department shall require
that the regional center demonstrate community support for the
proposal.
(b) In awarding funds to regional centers to implement such
proposals, the department shall consider, among other indicators, the
following:
(1) The demonstrated commitment of the regional center in
establishing or expanding the service or support.
(2) The demonstrated ability of the regional center to implement
the proposal.
(3) The success or failure of previous efforts to establish or
expand the service or support.
(4) The need for the establishment or expansion of the service and
support in the regional center catchment area as compared to other
geographic areas.
(c) The department may require periodic progress reports from the
regional center in implementing a proposal.
(d) The department shall ensure that each funded and implemented
proposal be evaluated and that the evaluation process include the
input of consumers, families, providers and advocates, as
appropriate.
(e) The department shall make these evaluations available to the
public, upon request.
(f) The department shall develop and implement strategies for
fostering the duplication of successful projects.
4514. All information and records obtained in the course of
providing intake, assessment, and services under Division 4.1
(commencing with Section 4400), Division 4.5 (commencing with Section
4500), Division 6 (commencing with Section 6000), or Division 7
(commencing with Section 7100) to persons with developmental
disabilities shall be confidential. Information and records obtained
in the course of providing similar services to either voluntary or
involuntary recipients prior to 1969 shall also be confidential.
Information and records shall be disclosed only in any of the
following cases:
(a) In communications between qualified professional persons,
whether employed by a regional center or state developmental center,
or not, in the provision of intake, assessment, and services or
appropriate referrals. The consent of the person with a developmental
disability, or his or her guardian or conservator, shall be obtained
before information or records may be disclosed by regional center or
state developmental center personnel to a professional not employed
by the regional center or state developmental center, or a program
not vendored by a regional center or state developmental center.
(b) When the person with a developmental disability, who has the
capacity to give informed consent, designates individuals to whom
information or records may be released, except that nothing in this
chapter shall be construed to compel a physician, psychologist,
social worker, marriage and family therapist, nurse, attorney, or
other professional to reveal information that has been given to him
or her in confidence by a family member of the person unless a valid
release has been executed by that family member.
(c) To the extent necessary for a claim, or for a claim or
application to be made on behalf of a person with a developmental
disability for aid, insurance, government benefit, or medical
assistance to which he or she may be entitled.
(d) If the person with a developmental disability is a minor,
ward, or conservatee, and his or her parent, guardian, conservator,
or limited conservator with access to confidential records,
designates, in writing, persons to whom records or information may be
disclosed, except that nothing in this chapter shall be construed to
compel a physician, psychologist, social worker, marriage and family
therapist, nurse, attorney, or other professional to reveal
information that has been given to him or her in confidence by a
family member of the person unless a valid release has been executed
by that family member.
(e) For research, provided that the Director of Developmental
Services designates by regulation rules for the conduct of research
and requires the research to be first reviewed by the appropriate
institutional review board or boards. These rules shall include, but
need not be limited to, the requirement that all researchers shall
sign an oath of confidentiality as follows:
" _____________________________
Date
As a condition of doing research concerning persons with
developmental disabilities who have received services from ____ (fill
in the facility, agency or person), I, ____, agree to obtain the
prior informed consent of persons who have received services to the
maximum degree possible as determined by the appropriate
institutional review board or boards for protection of human subjects
reviewing my research, or the person's parent, guardian, or
conservator, and I further agree not to divulge any information
obtained in the course of the research to unauthorized persons, and
not to publish or otherwise make public any information regarding
persons who have received services so those persons who received
services are identifiable.
I recognize that the unauthorized release of confidential
information may make me subject to a civil action under provisions of
the Welfare and Institutions Code.
_________________________"
Signed
(f) To the courts, as necessary to the administration of justice.
(g) To governmental law enforcement agencies as needed for the
protection of federal and state elective constitutional officers and
their families.
(h) To the Senate Committee on Rules or the Assembly Committee on
Rules for the purposes of legislative investigation authorized by the
committee.
(i) To the courts and designated parties as part of a regional
center report or assessment in compliance with a statutory or
regulatory requirement, including, but not limited to, Section 1827.5
of the Probate Code, Sections 1001.22 and 1370.1 of the Penal Code,
Section 6502 of the Welfare and Institutions Code, and Section 56557
of Title 17 of the California Code of Regulations.
(j) To the attorney for the person with a developmental disability
in any and all proceedings upon presentation of a release of
information signed by the person, except that when the person lacks
the capacity to give informed consent, the regional center or state
developmental center director or designee, upon satisfying himself or
herself of the identity of the attorney, and of the fact that the
attorney represents the person, shall release all information and
records relating to the person except that nothing in this article
shall be construed to compel a physician, psychologist, social
worker, marriage and family therapist, nurse, attorney, or other
professional to reveal information that has been given to him or her
in confidence by a family member of the person unless a valid release
has been executed by that family member.
(k) Upon written consent by a person with a developmental
disability previously or presently receiving services from a regional
center or state developmental center, the director of the regional
center or state developmental center, or his or her designee, may
release any information, except information that has been given in
confidence by members of the family of the person with developmental
disabilities, requested by a probation officer charged with the
evaluation of the person after his or her conviction of a crime if
the regional center or state developmental center director or
designee determines that the information is relevant to the
evaluation. The consent shall only be operative until sentence is
passed on the crime of which the person was convicted. The
confidential information released pursuant to this subdivision shall
be transmitted to the court separately from the probation report and
shall not be placed in the probation report. The confidential
information shall remain confidential except for purposes of
sentencing. After sentencing, the confidential information shall be
sealed.
(l) Between persons who are trained and qualified to serve on
"multidisciplinary personnel" teams pursuant to subdivision (d) of
Section 18951. The information and records sought to be disclosed
shall be relevant to the prevention, identification, management, or
treatment of an abused child and his or her parents pursuant to
Chapter 11 (commencing with Section 18950) of Part 6 of Division 9.
(m) When a person with a developmental disability dies from any
cause, natural or otherwise, while hospitalized in a state
developmental center, the State Department of Developmental Services,
the physician in charge of the client, or the professional in charge
of the facility or his or her designee, shall release information
and records to the coroner. The State Department of Developmental
Services, the physician in charge of the client, or the professional
in charge of the facility or his or her designee, shall not release
any notes, summaries, transcripts, tapes, or records of conversations
between the resident and health professional personnel of the
hospital relating to the personal life of the resident that is not
related to the diagnosis and treatment of the resident's physical
condition. Any information released to the coroner pursuant to this
section shall remain confidential and shall be sealed and shall not
be made part of the public record.
(n) To authorized licensing personnel who are employed by, or who
are authorized representatives of, the State Department of Health
Services, and who are licensed or registered health professionals,
and to authorized legal staff or special investigators who are peace
officers who are employed by, or who are authorized representatives
of, the State Department of Social Services, as necessary to the
performance of their duties to inspect, license, and investigate
health facilities and community care facilities, and to ensure that
the standards of care and services provided in these facilities are
adequate and appropriate and to ascertain compliance with the rules
and regulations to which the facility is subject. The confidential
information shall remain confidential except for purposes of
inspection, licensing, or investigation pursuant to Chapter 2
(commencing with Section 1250) and Chapter 3 (commencing with Section
1500) of Division 2 of the Health and Safety Code, or a criminal,
civil, or administrative proceeding in relation thereto. The
confidential information may be used by the State Department of
Health Services or the State Department of Social Services in a
criminal, civil, or administrative proceeding. The confidential
information shall be available only to the judge or hearing officer
and to the parties to the case. Names which are confidential shall be
listed in attachments separate to the general pleadings. The
confidential information shall be sealed after the conclusion of the
criminal, civil, or administrative hearings, and shall not
subsequently be released except in accordance with this subdivision.
If the confidential information does not result in a criminal, civil,
or administrative proceeding, it shall be sealed after the State
Department of Health Services or the State Department of Social
Services decides that no further action will be taken in the matter
of suspected licensing violations. Except as otherwise provided in
this subdivision, confidential information in the possession of the
State Department of Health Services or the State Department of Social
Services shall not contain the name of the person with a
developmental disability.
(o) To any board which licenses and certifies professionals in the
fields of mental health and developmental disabilities pursuant to
state law, when the Director of Developmental Services has reasonable
cause to believe that there has occurred a violation of any
provision of law subject to the jurisdiction of a board and the
records are relevant to the violation. The information shall be
sealed after a decision is reached in the matter of the suspected
violation, and shall not subsequently be released except in
accordance with this subdivision. Confidential information in the
possession of the board shall not contain the name of the person with
a developmental disability.
(p) To governmental law enforcement agencies by the director of a
regional center or state developmental center, or his or her
designee, when (1) the person with a developmental disability has
been reported lost or missing or (2) there is probable cause to
believe that a person with a developmental disability has committed,
or has been the victim of, murder, manslaughter, mayhem, aggravated
mayhem, kidnapping, robbery, carjacking, assault with the intent to
commit a felony, arson, extortion, rape, forcible sodomy, forcible
oral copulation, assault or battery, or unlawful possession of a
weapon, as provided in Section 12020 of the Penal Code.
This subdivision shall be limited solely to information directly
relating to the factual circumstances of the commission of the
enumerated offenses and shall not include any information relating to
the mental state of the patient or the circumstances of his or her
treatment unless relevant to the crime involved.
This subdivision shall not be construed as an exception to, or in
any other way affecting, the provisions of Article 7 (commencing with
Section 1010) of Chapter 4 of Division 8 of the Evidence Code, or
Chapter 11 (commencing with Section 15600) and Chapter 13 (commencing
with Section 15750) of Part 3 of Division 9.
(q) To the Youth Authority and Adult Correctional Agency or any
component thereof, as necessary to the administration of justice.
(r) To an agency mandated to investigate a report of abuse filed
pursuant to either Section 11164 of the Penal Code or Section 15630
of the Welfare and Institutions Code for the purposes of either a
mandated or voluntary report or when those agencies request
information in the course of conducting their investigation.
(s) When a person with developmental disabilities, or the parent,
guardian, or conservator of a person with developmental disabilities
who lacks capacity to consent, fails to grant or deny a request by a
regional center or state developmental center to release information
or records relating to the person with developmental disabilities
within a reasonable period of time, the director of the regional or
developmental center, or his or her designee, may release information
or records on behalf of that person provided both of the following
conditions are met:
(1) Release of the information or records is deemed necessary to
protect the person's health, safety, or welfare.
(2) The person, or the person's parent, guardian, or conservator,
has been advised annually in writing of the policy of the regional
center or state developmental center for release of confidential
client information or records when the person with developmental
disabilities, or the person's parent, guardian, or conservator, fails
to respond to a request for release of the information or records
within a reasonable period of time. A statement of policy contained
in the client's individual program plan shall be deemed to comply
with the notice requirement of this paragraph.
(t) (1) When an employee is served with a notice of adverse
action, as defined in Section 19570 of the Government Code, the
following information and records may be released:
(A) All information and records that the appointing authority
relied upon in issuing the notice of adverse action.
(B) All other information and records that are relevant to the
adverse action, or that would constitute relevant evidence as defined
in Section 210 of the Evidence Code.
(C) The information described in subparagraphs (A) and (B) may be
released only if both of the following conditions are met:
(i) The appointing authority has provided written notice to the
consumer and the consumer's legal representative or, if the consumer
has no legal representative or if the legal representative is a state
agency, to the clients' rights advocate, and the consumer, the
consumer's legal representative, or the clients' rights advocate has
not objected in writing to the appointing authority within five
business days of receipt of the notice, or the appointing authority,
upon review of the objection has determined that the circumstances on
which the adverse action is based are egregious or threaten the
health, safety, or life of the consumer or other consumers and
without the information the adverse action could not be taken.
(ii) The appointing authority, the person against whom the adverse
action has been taken, and the person's representative, if any, have
entered into a stipulation that does all of the following:
(I) Prohibits the parties from disclosing or using the information
or records for any purpose other than the proceedings for which the
information or records were requested or provided.
(II) Requires the employee and the employee's legal representative
to return to the appointing authority all records provided to them
under this subdivision, including, but not limited to, all records
and documents or copies thereof that are no longer in the possession
of the employee or the employee's legal representative because they
were from any source containing confidential information protected by
this section, and all copies of those records and documents, within
10 days of the date that the adverse action becomes final except for
the actual records and documents submitted to the administrative
tribunal as a component of an appeal from the adverse action.
(III) Requires the parties to submit the stipulation to the
administrative tribunal with jurisdiction over the adverse action at
the earliest possible opportunity.
(2) For the purposes of this subdivision, the State Personnel
Board may, prior to any appeal from adverse action being filed with
it, issue a protective order, upon application by the appointing
authority, for the limited purpose of prohibiting the parties from
disclosing or using information or records for any purpose other than
the proceeding for which the information or records were requested
or provided, and to require the employee or the employee's legal
representative to return to the appointing authority all records
provided to them under this subdivision, including, but not limited
to, all records and documents from any source containing confidential
information protected by this section, and all copies of those
records and documents, within 10 days of the date that the adverse
action becomes final, except for the actual records and documents
that are no longer in the possession of the employee or the employee'
s legal representatives because they were submitted to the
administrative tribunal as a component of an appeal from the adverse
action.
(3) Individual identifiers, including, but not limited to, names,
social security numbers, and hospital numbers, that are not necessary
for the prosecution or defense of the adverse action, shall not be
disclosed.
(4) All records, documents, or other materials containing
confidential information protected by this section that have been
submitted or otherwise disclosed to the administrative agency or
other person as a component of an appeal from an adverse action
shall, upon proper motion by the appointing authority to the
administrative tribunal, be placed under administrative seal and
shall not, thereafter, be subject to disclosure to any person or
entity except upon the issuance of an order of a court of competent
jurisdiction.
(5) For purposes of this subdivision, an adverse action becomes
final when the employee fails to answer within the time specified in
Section 19575 of the Government Code, or, after filing an answer,
withdraws the appeal, or, upon exhaustion of the administrative
appeal or of the judicial review remedies as otherwise provided by
law.
4514. All information and records obtained in the course of
providing intake, assessment, and services under Division 4.1
(commencing with Section 4400), Division 4.5 (commencing with Section
4500), Division 6 (commencing with Section 6000), or Division 7
(commencing with Section 7100) to persons with developmental
disabilities shall be confidential. Information and records obtained
in the course of providing similar services to either voluntary or
involuntary recipients prior to 1969 shall also be confidential.
Information and records shall be disclosed only in any of the
following cases:
(a) In communications between qualified professional persons,
whether employed by a regional center or state developmental center,
or not, in the provision of intake, assessment, and services or
appropriate referrals. The consent of the person with a developmental
disability, or his or her guardian or conservator, shall be obtained
before information or records may be disclosed by regional center or
state developmental center personnel to a professional not employed
by the regional center or state developmental center, or a program
not vendored by a regional center or state developmental center.
(b) When the person with a developmental disability, who has the
capacity to give informed consent, designates individuals to whom
information or records may be released, except that nothing in this
chapter shall be construed to compel a physician, psychologist,
social worker, marriage and family therapist, nurse, attorney, or
other professional to reveal information that has been given to him
or her in confidence by a family member of the person unless a valid
release has been executed by that family member.
(c) To the extent necessary for a claim, or for a claim or
application to be made on behalf of a person with a developmental
disability for aid, insurance, government benefit, or medical
assistance to which he or she may be entitled.
(d) If the person with a developmental disability is a minor,
ward, or conservatee, and his or her parent, guardian, conservator,
or limited conservator with access to confidential records,
designates, in writing, persons to whom records or information may be
disclosed, except that nothing in this chapter shall be construed to
compel a physician, psychologist, social worker, marriage and family
therapist, nurse, attorney, or other professional to reveal
information that has been given to him or her in confidence by a
family member of the person unless a valid release has been executed
by that family member.
(e) For research, provided that the Director of Developmental
Services designates by regulation rules for the conduct of research
and requires the research to be first reviewed by the appropriate
institutional review board or boards. These rules shall include, but
need not be limited to, the requirement that all researchers shall
sign an oath of confidentiality as follows:
" _____________________________
Date
As a condition of doing research concerning persons with
developmental disabilities who have received services from ____ (fill
in the facility, agency or person), I, ____, agree to obtain the
prior informed consent of persons who have received services to the
maximum degree possible as determined by the appropriate
institutional review board or boards for protection of human subjects
reviewing my research, or the person's parent, guardian, or
conservator, and I further agree not to divulge any information
obtained in the course of the research to unauthorized persons, and
not to publish or otherwise make public any information regarding
persons who have received services so those persons who received
services are identifiable.
I recognize that the unauthorized release of confidential
information may make me subject to a civil action under provisions of
the Welfare and Institutions Code.
_________________________"
Signed
(f) To the courts, as necessary to the administration of justice.
(g) To governmental law enforcement agencies as needed for the
protection of federal and state elective constitutional officers and
their families.
(h) To the Senate Committee on Rules or the Assembly Committee on
Rules for the purposes of legislative investigation authorized by the
committee.
(i) To the courts and designated parties as part of a regional
center report or assessment in compliance with a statutory or
regulatory requirement, including, but not limited to, Section 1827.5
of the Probate Code, Sections 1001.22 and 1370.1 of the Penal Code,
Section 6502 of the Welfare and Institutions Code, and Section 56557
of Title 17 of the California Code of Regulations.
(j) To the attorney for the person with a developmental disability
in any and all proceedings upon presentation of a release of
information signed by the person, except that when the person lacks
the capacity to give informed consent, the regional center or state
developmental center director or designee, upon satisfying himself or
herself of the identity of the attorney, and of the fact that the
attorney represents the person, shall release all information and
records relating to the person except that nothing in this article
shall be construed to compel a physician, psychologist, social
worker, marriage and family therapist, nurse, attorney, or other
professional to reveal information that has been given to him or her
in confidence by a family member of the person unless a valid release
has been executed by that family member.
(k) Upon written consent by a person with a developmental
disability previously or presently receiving services from a regional
center or state developmental center, the director of the regional
center or state developmental center, or his or her designee, may
release any information, except information that has been given in
confidence by members of the family of the person with developmental
disabilities, requested by a probation officer charged with the
evaluation of the person after his or her conviction of a crime if
the regional center or state developmental center director or
designee determines that the information is relevant to the
evaluation. The consent shall only be operative until sentence is
passed on the crime of which the person was convicted. The
confidential information released pursuant to this subdivision shall
be transmitted to the court separately from the probation report and
shall not be placed in the probation report. The confidential
information shall remain confidential except for purposes of
sentencing. After sentencing, the confidential information shall be
sealed.
(l) Between persons who are trained and qualified to serve on
"multidisciplinary personnel" teams pursuant to subdivision (d) of
Section 18951. The information and records sought to be disclosed
shall be relevant to the prevention, identification, management, or
treatment of an abused child and his or her parents pursuant to
Chapter 11 (commencing with Section 18950) of Part 6 of Division 9.
(m) When a person with a developmental disability dies from any
cause, natural or otherwise, while hospitalized in a state
developmental center, the State Department of Developmental Services,
the physician in charge of the client, or the professional in charge
of the facility or his or her designee, shall release information
and records to the coroner. The State Department of Developmental
Services, the physician in charge of the client, or the professional
in charge of the facility or his or her designee, shall not release
any notes, summaries, transcripts, tapes, or records of conversations
between the resident and health professional personnel of the
hospital relating to the personal life of the resident that is not
related to the diagnosis and treatment of the resident's physical
condition. Any information released to the coroner pursuant to this
section shall remain confidential and shall be sealed and shall not
be made part of the public record.
(n) To authorized licensing personnel who are employed by, or who
are authorized representatives of, the State Department of Health
Services, and who are licensed or registered health professionals,
and to authorized legal staff or special investigators who are peace
officers who are employed by, or who are authorized representatives
of, the State Department of Social Services, as necessary to the
performance of their duties to inspect, license, and investigate
health facilities and community care facilities, and to ensure that
the standards of care and services provided in these facilities are
adequate and appropriate and to ascertain compliance with the rules
and regulations to which the facility is subject. The confidential
information shall remain confidential except for purposes of
inspection, licensing, or investigation pursuant to Chapter 2
(commencing with Section 1250) and Chapter 3 (commencing with Section
1500) of Division 2 of the Health and Safety Code, or a criminal,
civil, or administrative proceeding in relation thereto. The
confidential information may be used by the State Department of
Health Services or the State Department of Social Services in a
criminal, civil, or administrative proceeding. The confidential
information shall be available only to the judge or hearing officer
and to the parties to the case. Names which are confidential shall be
listed in attachments separate to the general pleadings. The
confidential information shall be sealed after the conclusion of the
criminal, civil, or administrative hearings, and shall not
subsequently be released except in accordance with this subdivision.
If the confidential information does not result in a criminal, civil,
or administrative proceeding, it shall be sealed after the State
Department of Health Services or the State Department of Social
Services decides that no further action will be taken in the matter
of suspected licensing violations. Except as otherwise provided in
this subdivision, confidential information in the possession of the
State Department of Health Services or the State Department of Social
Services shall not contain the name of the person with a
developmental disability.
(o) To any board which licenses and certifies professionals in the
fields of mental health and developmental disabilities pursuant to
state law, when the Director of Developmental Services has reasonable
cause to believe that there has occurred a violation of any
provision of law subject to the jurisdiction of a board and the
records are relevant to the violation. The information shall be
sealed after a decision is reached in the matter of the suspected
violation, and shall not subsequently be released except in
accordance with this subdivision. Confidential information in the
possession of the board shall not contain the name of the person with
a developmental disability.
(p) To governmental law enforcement agencies by the director of a
regional center or state developmental center, or his or her
designee, when (1) the person with a developmental disability has
been reported lost or missing or (2) there is probable cause to
believe that a person with a developmental disability has committed,
or has been the victim of, murder, manslaughter, mayhem, aggravated
mayhem, kidnapping, robbery, carjacking, assault with the intent to
commit a felony, arson, extortion, rape, forcible sodomy, forcible
oral copulation, assault or battery, or unlawful possession of a
weapon, as provided in any provision listed in Section 16590 of the
Penal Code.
This subdivision shall be limited solely to information directly
relating to the factual circumstances of the commission of the
enumerated offenses and shall not include any information relating to
the mental state of the patient or the circumstances of his or her
treatment unless relevant to the crime involved.
This subdivision shall not be construed as an exception to, or in
any other way affecting, the provisions of Article 7 (commencing with
Section 1010) of Chapter 4 of Division 8 of the Evidence Code, or
Chapter 11 (commencing with Section 15600) and Chapter 13 (commencing
with Section 15750) of Part 3 of Division 9.
(q) To the Youth Authority and Adult Correctional Agency or any
component thereof, as necessary to the administration of justice.
(r) To an agency mandated to investigate a report of abuse filed
pursuant to either Section 11164 of the Penal Code or Section 15630
of the Welfare and Institutions Code for the purposes of either a
mandated or voluntary report or when those agencies request
information in the course of conducting their investigation.
(s) When a person with developmental disabilities, or the parent,
guardian, or conservator of a person with developmental disabilities
who lacks capacity to consent, fails to grant or deny a request by a
regional center or state developmental center to release information
or records relating to the person with developmental disabilities
within a reasonable period of time, the director of the regional or
developmental center, or his or her designee, may release information
or records on behalf of that person provided both of the following
conditions are met:
(1) Release of the information or records is deemed necessary to
protect the person's health, safety, or welfare.
(2) The person, or the person's parent, guardian, or conservator,
has been advised annually in writing of the policy of the regional
center or state developmental center for release of confidential
client information or records when the person with developmental
disabilities, or the person's parent, guardian, or conservator, fails
to respond to a request for release of the information or records
within a reasonable period of time. A statement of policy contained
in the client's individual program plan shall be deemed to comply
with the notice requirement of this paragraph.
(t) (1) When an employee is served with a notice of adverse
action, as defined in Section 19570 of the Government Code, the
following information and records may be released:
(A) All information and records that the appointing authority
relied upon in issuing the notice of adverse action.
(B) All other information and records that are relevant to the
adverse action, or that would constitute relevant evidence as defined
in Section 210 of the Evidence Code.
(C) The information described in subparagraphs (A) and (B) may be
released only if both of the following conditions are met:
(i) The appointing authority has provided written notice to the
consumer and the consumer's legal representative or, if the consumer
has no legal representative or if the legal representative is a state
agency, to the clients' rights advocate, and the consumer, the
consumer's legal representative, or the clients' rights advocate has
not objected in writing to the appointing authority within five
business days of receipt of the notice, or the appointing authority,
upon review of the objection has determined that the circumstances on
which the adverse action is based are egregious or threaten the
health, safety, or life of the consumer or other consumers and
without the information the adverse action could not be taken.
(ii) The appointing authority, the person against whom the adverse
action has been taken, and the person's representative, if any, have
entered into a stipulation that does all of the following:
(I) Prohibits the parties from disclosing or using the information
or records for any purpose other than the proceedings for which the
information or records were requested or provided.
(II) Requires the employee and the employee's legal representative
to return to the appointing authority all records provided to them
under this subdivision, including, but not limited to, all records
and documents or copies thereof that are no longer in the possession
of the employee or the employee's legal representative because they
were from any source containing confidential information protected by
this section, and all copies of those records and documents, within
10 days of the date that the adverse action becomes final except for
the actual records and documents submitted to the administrative
tribunal as a component of an appeal from the adverse action.
(III) Requires the parties to submit the stipulation to the
administrative tribunal with jurisdiction over the adverse action at
the earliest possible opportunity.
(2) For the purposes of this subdivision, the State Personnel
Board may, prior to any appeal from adverse action being filed with
it, issue a protective order, upon application by the appointing
authority, for the limited purpose of prohibiting the parties from
disclosing or using information or records for any purpose other than
the proceeding for which the information or records were requested
or provided, and to require the employee or the employee's legal
representative to return to the appointing authority all records
provided to them under this subdivision, including, but not limited
to, all records and documents from any source containing confidential
information protected by this section, and all copies of those
records and documents, within 10 days of the date that the adverse
action becomes final, except for the actual records and documents
that are no longer in the possession of the employee or the employee'
s legal representatives because they were submitted to the
administrative tribunal as a component of an appeal from the adverse
action.
(3) Individual identifiers, including, but not limited to, names,
social security numbers, and hospital numbers, that are not necessary
for the prosecution or defense of the adverse action, shall not be
disclosed.
(4) All records, documents, or other materials containing
confidential information protected by this section that have been
submitted or otherwise disclosed to the administrative agency or
other person as a component of an appeal from an adverse action
shall, upon proper motion by the appointing authority to the
administrative tribunal, be placed under administrative seal and
shall not, thereafter, be subject to disclosure to any person or
entity except upon the issuance of an order of a court of competent
jurisdiction.
(5) For purposes of this subdivision, an adverse action becomes
final when the employee fails to answer within the time specified in
Section 19575 of the Government Code, or, after filing an answer,
withdraws the appeal, or, upon exhaustion of the administrative
appeal or of the judicial review remedies as otherwise provided by
law.
4514.3. (a) Notwithstanding Section 4514, information and records
shall be disclosed to the protection and advocacy agency designated
by the Governor in this state to fulfill the requirements and
assurances of the federal Developmental Disabilities Assistance and
Bill of Rights Act of 2000, contained in Chapter 144 (commencing with
Section 15001) of Title 42 of the United States Code, for the
protection and advocacy of the rights of persons with developmental
disabilities, as defined in Section 15002(8) of Title 42 of the
United States Code.
(b) Acc
