Existing law, the Lanterman Developmental Disabilities Services Act, requires the State Department of Developmental Services to contract with regional centers for the provision of community services and supports for persons with developmental disabilities and their families. Existing law, until June 30, 2024, requires a meeting regarding the provision of services and supports by the regional center, including a meeting to develop or revise a consumers individual program plan (IPP), to be held by remote electronic communications if requested by the consumer or, if appropriate, if requested by the consumers parents, legal guardian, conservator, or authorized representative.

Existing law, the California Early Intervention Services Act, provides a statewide system of coordinated, comprehensive, family-centered, multidisciplinary, and interagency programs that are responsible for providing appropriate early intervention services and supports to all eligible infants and toddlers and their families. Under the act, direct services for eligible infants and toddlers and their families are provided by regional centers and local educational agencies. The act requires an eligible infant or toddler receiving services under the act to have an individualized family service plan (IFSP), as specified. Existing law, until June 30, 2024, requires, at the request of the parent or legal guardian, an IFSP meeting to be held by remote electronic communications.

This bill, beginning January 1, 2025, would indefinitely extend the requirements that, if requested, IPP and IFSP meetings be held by remote electronic communications. By extending a requirement for local educational agencies, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

SENATE JUDICIARY COMMITTEE

Senator Thomas Umberg, Chair

2023-2024 Regular Session

Bill No: AB 1876 (Author:Jackson)

Version: January 22, 2024

Hearing Date: July 2, 2024

Fiscal: Yes

Urgency: No

Consultant: AM

SUBJECT

Developmental services: individual program plans and individual family service plans: remote meetings

DIGEST

This bill eliminates the June 30, 2024 sunset date for utilizing remote technology for Individual Program Plan (IPP) and Individualized Family Service Plan (IFSP) meetings, thereby indefinitely requiring an IPP and IFSP meeting to be held by remote electronic communications if requested by the consumer or, if appropriate, by the consumer’s parents, legal guardian, conservator, or authorized representative.

EXECUTIVE SUMMARY

The Lanterman Developmental Disabilities Services Act established that individuals with developmental disabilities and their families have a right to receive the necessary supports and services required to live independently in the community, which are provided through an IPP or IFSP for infants or toddlers. Prior to the pandemic, meetings to develop IPPs and IFSPs were held in-person; however, they were held online beginning in March of 2022. The proponents of this bill contend that the online meetings have been successful and add a level of convenience for consumers and their families as they no longer have to physically travel to a regional center to update plans. This bill would allow IPP and IFSP meetings to continue to be held online at the request of the consumer or, if appropriate, their family or other legal guardian. The bill is sponsored by Disability Rights Council and Integrated Community Collaborative. There is no known opposition. The bill passed out of the Senate Human Services Committee on a vote of 5 to 0.

PROPOSED CHANGES TO THE LAW

Existing law:

1. Establishes the Lanterman Developmental Disabilities Services Act (Lanterman Act), which states that California is responsible for providing an array of services and supports sufficiently complete to meet the needs and choices of each person with developmental disabilities, regardless of age or degree of disability, at each stage of life, and to support their integration into the mainstream life of the community. (Welf. & Inst. Code § 4500, et seq.)^[1]
2. Establishes a system of nonprofit Regional Centers, overseen by the Department of Developmental Services, to provide fixed points of contact in the community for all persons with developmental disabilities and their families and to coordinate services and supports best suited to them throughout their lifetime. (§ 4620.)
3. Establishes an IPP as the process to ensure that services and supports are customized to meet the needs of consumers who are served by regional centers for the purpose 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, and normal lives. (§ 4512(b).)
4. Requires decisions concerning the consumer’s goals, objectives, and services and supports included in their IPP to be made by agreement between the regional center representative and the consumer or, when appropriate, the consumer’s parents, legal guardian, conservator, or authorized representative, at the program plan meeting. (§ 4646(d).)
5. Requires, until June 30, 2024, a meeting regarding the provision of services and supports by the regional center, including a meeting to develop or revise the IPP, to be held by remote electronic communications if requested by the consumer or, if appropriate, if requested by the consumer’s parents, legal guardian, conservator, or authorized representative.
6. Establishes the IFSP to be used in place of an IPP for eligible infants or toddlers. (Gov. Code § 95020.)
7. Requires parents and legal guardians to be fully informed of their rights, including the right to invite another person, including a family member or an advocate or peer parent, or any or all of them, to accompany them to any or all IFSP meetings.
8. Requires, until June 30, 2024, and at the request of the parent or legal guardian, an IFSP meeting to be held by remote electronic communications. (Id. at (c)(1).)

This bill eliminates the June 30, 2024 sunset for utilizing remote technology for IPP and IFSP meetings.

COMMENTS

1. Stated need for the bill

The author writes:

California is the leader in providing developmental services, which is supported by highly trained clinicians. Services are decided by individual program plans (IPP) and individual family service plans (IFSP) to enhance outcomes and quality of life. This bill ensures that lessons from the COVID-19 Pandemic shape California's future, enabling remote access for IPP and IFSP meetings, benefiting recipients, advocates, and clinicians.

1. The Lanterman Act

a. Establishes the rights of individuals with developmental disabilities and their families

The Lanterman Act was enacted in 1969 and established that individuals with developmental disabilities and their families have a right to receive the necessary supports and services required to live independently in the community. The Lanterman Act enumerates the rights of individuals with developmental disabilities and the rights of their families, what services and supports are available to these individuals, and how regional centers and service providers work together to provide these supports and services. The term “developmental disability” is defined as a disability that originates before a person reaches 18 years of age, is expected to continue indefinitely, and is a significant disability for the individual; such disabilities include, among others: epilepsy, autism spectrum disorder, intellectual disability, and cerebral palsy.

b. Regional Centers

The Lanterman Act also created California’s regional center system, which is comprised of 21 nonprofit regional centers throughout the state whose primary purpose is to connect individuals with services in the community. Regional centers provide numerous services and supports for more than 329,000 individuals with developmental disabilities in California. These services include diagnosis, evaluation, treatment, and care coordination of services (such as personal care, day care, special living arrangements, and physical, occupational, and speech therapy). Additional services include, among others, mental health services, recreation, counseling for the individual served and their family, assistance locating a home, behavior training and modification programs, and emergency and crisis intervention.

c. Individual Program Plan (IPP)

An IPP outlines services for individuals with intellectual and developmental disabilities according to the needs and personal choices of the individual and is developed by a team, which generally consists of the individual with developmental disabilities (consumer), their authorized representative, and representatives from a regional center. An IPP is supposed to prioritize the services and supports that allow minors to live with their families and adults to live in the community as independently as possible, and serves as a way for consumers to develop relationships and integrate into community life. Existing law establishes the IFSP to be used in place of an IPP for eligible infants or toddlers. (Gov. Code § 95020.)

Until the COVID-19 pandemic, IPPS and IFSPs were generally developed through in-person meetings at regional centers. In response to the onset of the COVID-19 pandemic, the Department of Developmental Services issued an order waiving requirements that these plans be developed through in-person meetings in March of 2020. This order was subsequently codified, on a temporary basis, by the Legislature in 2022. (SB 188 (Committee on Budget and Fiscal Review), Ch. 49, Stats. 2022.) The proponents of this bill maintain that the online meetings have been successful and are more convenient for regional center customers and their families as they no longer have to physically travel to a regional center to update plans. This bill removes the sunset date included in SB 188, thereby indefinitely allowing IPP and IFSP plan meetings to be held remotely at the request of the consumer or their family or other legal guardian.

1. Statements in support

Disability Rights Council, a sponsor of the bill, writes in support, stating:

Since its codification in 2020, the option to have IPP and IFSP meetings remotely upon request has not only helped hundreds of thousands of people meet safely during the COVID-19 public health emergency, it has increased individuals’ ability to include their chosen loved ones, supporters, providers or advocates, and to overcome access barriers such as distance, transportation, childcare needs, or difficulty taking time off work.

Without further legislative action, there will be nothing in statute after June

30, 2024 to ensure that these meetings can continue to take place virtually. To date, DDS has not issued any regulations, directives or other written guidance addressing whether or when remote IPPs may be needed to ensure meaningful access for the disabled individual.

Unfortunately, without new statutory language that explicitly preserves this option, people with IDD may be required to have their planning meetings in person regardless of individual barriers or circumstances. DDS has taken the position that in-person meetings build trust between clients and service coordinators and should be made a state priority.

While trust in service planning is important, it is not built through in-person contact alone. Regional centers must also consider the need to overcome access barriers, service coordinators’ own highly limited capacity in light of overextended caseload ratios, and the core principle of putting the individual at the center of their own service planning process. Getting that balance right is too important to be left entirely to local discretion, which is what would occur in the absence of any statutory language.

SUPPORT

Disability Rights Council (sponsor)

Integrated Community Collaborative (sponsor)

Alliance for Children's Rights

California Disability Services Association

OPPOSITION

None received

RELATED LEGISLATION

Pending Legislation: None known.

Prior Legislation: SB 188 (Committee on Budget and Fiscal Review, Chap. 49, Stats. 2022.) see Comment 2)c), above.

PRIOR VOTES

Senate Human Services Committee (Ayes 5, Noes 0)

Assembly Floor (Ayes 65, Noes 0)

Assembly Appropriations Committee (Ayes 14, Noes 0)

Assembly Judiciary Committee (Ayes 12, Noes 0)

Assembly Human Services Committee (Ayes 7, Noes 0)

**************

1. All further references are to the Welfare and Institutions Code unless specifically indicated otherwise. ↑

SENATE COMMITTEE ON HUMAN SERVICES

Senator Alvarado-Gil, Chair

2023 - 2024 Regular

Subject: Developmental services: individual program plans and individual family service plans: remote meetings

SUMMARY

This bill deletes sunset dates allowing an Individual Program Plan (IPP) or Individualized Family Service Plan (IFSP) meeting to be held remotely, effectively allowing an IPP or IFSP meeting to be held remotely permanently, while maintaining the option for in-person meetings.

ABSTRACT

Existing Law:

1. Establishes the Lanterman Developmental Disabilities Services Act (Lanterman Act), which states that California is responsible for providing a range of services and supports sufficiently complete to meet the needs and choices of each person with developmental disabilities, regardless of age or degree of disability, at each stage of life, and to support their integration into the mainstream life of the community. (WIC 4500, et seq.)
2. Establishes a system of nonprofit Regional Centers, overseen by the Department of Developmental Services (DDS), to provide fixed points of contact in the community for all persons with developmental disabilities and their families and to coordinate services and supports best suited to them throughout their lifetime. (WIC 4620)
3. Establishes the “Individual Program Plan” (IPP) as the process to ensure that services and supports are customized to meet the needs of consumers who are served by regional centers for the purpose of alleviating 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, and normal lives. (WIC 4512(b))
4. Requires decisions concerning the consumer’s goals, objectives, and services and supports included in their IPP to be made by agreement between the regional center representative and the consumer or, when appropriate, the consumer’s parents, legal guardian, conservator, or authorized representative, at the program plan meeting. (WIC 4646(d))
   
5. Establishes the “Individualized Family Service Plan” (IFSP) to be used in place of an IPP for eligible infants or toddlers. (WIC 95020)

This Bill:

1. Strikes the sunset date of June 30, 2024, for an individualized family service plan meeting to be held by remote electronic communications.
2. Strikes the sunset date of June 30, 2024, for a meeting regarding the provision of services and supports by a regional center, including a meeting to develop or revise an individual program plan, to be held by remote electronic communications.

FISCAL IMPACT

According to the Assembly Appropriations Committee:

1. “Costs to the Department of Developmental Services and the state’s regional centers are unknown, but likely minor and absorbable. The requirement to offer and conduct remote meetings has been in place since 2020.
2. Costs to local education agencies are potentially reimbursable by the state, subject to a determination by the Commission on State Mandates. However, because the requirement to offer and conduct remote meetings has been in place since 2020, any additional costs are likely small and it is unlikely a local education agency would submit a claim. (Proposition 98 General Fund).”

BACKGROUND AND DISCUSSION

Purpose of the Bill:

According to the author, “California is the leader in providing developmental services, which is supported by highly trained clinicians. Services are decided by individual program plans (IPP) and individual family service plans (IFSP) to enhance outcomes and quality of life. This bill ensures that lessons from the COVID-19 Pandemic shape California's future, enabling remote access for IPP and IFSP meetings, benefiting recipients, advocates, and clinicians.”

Lanterman Act

In 1969, the Lanterman Act established that individuals with developmental disabilities and their families have a right to receive the necessary supports and services required to live independently in the community. The Lanterman Act enumerates the rights of individuals with developmental disabilities, as well as the rights of their families, what services and supports are available to these individuals, and how regional centers and service providers work together to provide these supports and services. The term “developmental disability” is defined as a disability that originates before a person reaches 18 years of age, is expected to continue indefinitely, and is a significant disability for the individual. These disabilities include, among others: epilepsy, autism spectrum disorder, intellectual disability, and cerebral palsy.

In addition to establishing the rights of individuals, the Lanterman Act also created California’s regional center system, comprised of 21 nonprofit regional centers throughout the state whose primary purpose is to connect individuals with services in the community. Regional centers coordinate a robust array of services and supports for more than 329,000 individuals with developmental disabilities in California.

Individual Program Plan (IPP)

Services for individuals with intellectual and developmental disabilities are outlined in an IPP, which is developed according to the needs and personal choices of the individual. The IPP is developed by an IPP team, which often includes the consumer, their legally authorized representative, and one or more regional center representative. The IPP serves as a tool to maximize the opportunities for each consumer to develop relationships, integrate into community life, increase control over their life, and obtain positive roles in the community. The IPP is required to prioritize the services and supports that allow minors to live with their families and adults to live in the community as independently as possible.

Related/Prior Legislation:

AB 121 (Committee on Budget, Chapter 44, Statutes of 2023), a budget trailer bill, among other things, extended the sunset date for IPP and IFSP meetings to be held remotely from June 30, 2023, to June 30, 2024.

AB 1147 (Addis, 2023), as heard by this committee, among other things, would have eliminated the sunset date for IPP meetings to be held remotely. AB 1147 was amended to remove this language. Portions of this bill were adopted through AB 121. AB 1147 is on the Senate Inactive File.

SB 188 (Committee on Budget and Fiscal Review, Chapter 49, Statutes of 2022), among other things, extended the sunset date for IPP and IFSP meetings to be held remotely from June 30, 2022, to June 30, 2023.

AB 136 (Committee on Budget, Chapter 76, Statutes of 2021), among other things, required, at the request of the consumer, or, if appropriate, the consumer’s parents, legal guardian, conservator, or authorized representative, until June 30, 2022, an IPP meeting to be held remotely. Additionally required, at the request of the parent or legal guardian, until June 30, 2022, an IFSP meeting to be held remotely.

COMMENTS

This bill seeks to make permanent the ability for IPP and IFSP meetings to be held remotely if requested by a consumer, or, if appropriate, by a parent, legal guardian, conservator, or authorized representative. This policy has been in practice since 2020 as a result of stay-at-home orders during the COVID-19 pandemic.

This bill is supported by consumer advocacy groups, who state this bill would eliminate barriers to IPP and IFSP meetings by maintaining regional center consumers’ choice to request remote IPP or IFSP meetings. Other stakeholders are concerned that remote IPP and IFSP meetings are not as effective as in-person meetings for building connections and assessing consumers’ needs, such as physical or environmental conditions.

This proposal is currently being discussed in the state budget process. Trailer bill language^[1] included in the Governor’s Budget proposes to revise intent related to the IPP process to declare that the Legislature places a priority on in-person IPP meetings that are held at a location and at times that are convenient for the consumer. This language makes no change to the sunset date, effectively ending the ability to conduct IPP meetings remotely. The Joint Legislative Budget Plan^[2], announced on May 29, 2024, states the Legislature’s counter-proposal to modify the Governor’s proposed trailer bill language to permanently extend the option for an IPP meeting to be held remotely, subject to additional meeting parameters.

PRIOR VOTES

POSITIONS

Support:

California Disability Services Association (Co-Sponsor)

Alliance for Children's Rights

Oppose:

None

-- END --

1. https://esd.dof.ca.gov/trailer-bill/public/trailerBill/pdf/1055 ↑

2. https://abgt.assembly.ca.gov/system/files/2024-05/subcommittee-report-of-the-2024-25-budget.pdf ↑

Date of Hearing: May 1, 2024

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Buffy Wicks, Chair

ABPCA Bill Id:AB 1876

Author:(Jackson) – As Introduced Ver:January 22, 2024

Urgency: No State Mandated Local Program: Yes Reimbursable: No

SUMMARY:

This bill, by eliminating the June 30, 2024, sunset date, makes permanent the requirement that, if requested by a regional center consumer, the consumer’s parents, legal guardian, conservator, or authorized representative, meetings to develop and update Individual Program Plans (IPPs) and Individualized Family Service Plans (IFSPs) be held by remote electronic communications. 

FISCAL EFFECT:

1. Costs to the Department of Developmental Services (DDS) and the state’s regional centers are unknown, but likely minor and absorbable. The requirement to offer and conduct remote meetings has been in place since 2020.
2. Costs to local education agencies (LEAs) are potentially reimbursable by the state, subject to a determination by the Commission on State Mandates. However, because the requirement to offer and conduct remote meetings has been in place since 2020, any additional costs are likely small and it is unlikely an LEA would submit a claim. (Proposition 98 General Fund)

COMMENTS:

1. Purpose. According to the author:

California is the leader in providing developmental services, which is supported by highly trained clinicians. Services are decided by individual program plans (IPP) and individual family service plans (IFSP) to enhance outcomes and quality of life. This bill ensures that lessons from the COVID-19 Pandemic shape California's future, enabling remote access for IPP and IFSP meetings, benefiting recipients, advocates, and clinicians.

1. Background. Since 1969, the Lanterman Developmental Disabilities Act has provided services to individuals three years of age and older who have a qualifying developmental disability. In order to facilitate these services, through California’s 21 regional centers, IPPs and IFSPs are developed in consultation with regional center staff and a care recipient’s family.

Until the COVID-19 pandemic, IPPs and IFSPs were typically developed through in-person meetings held at a regional center. As all in-person events moved online in March of 2020, DDS issued an order waiving requirements that the plans be developed in person. This order was subsequently codified by the Legislature (SB 188 (Committee on Budget and Fiscal Review), Chapter 49, Statutes of 2022), but is due to expire on June 30, 2024.

The proponents of this bill contend the online meetings have been successful and add a level of convenience for regional center customers and their families who no longer have to physically travel to a regional center to update plans.

This bill makes permanent the authorization allowing IPP and IFSP development meetings to be conducted remotely while maintaining the option for in-person meetings.

Analysis Prepared by: Jennifer Swenson / APPR. / (916) 319-2081

Date of Hearing: April 9, 2024

ASSEMBLY COMMITTEE ON JUDICIARY

Ash Kalra, Chair

ABPCA Bill Id:AB 1876

Author:(Jackson) – As Introduced Ver:January 22, 2024

PROPOSED CONSENT

SUBJECT: Developmental services: individual program plans and individual family service plans: remote meetings

KEY ISSUE: Should the sunset date on the use of remote meeting technology for Individual Program Plan and Individualized Family Service Plan meetings be repealed?

SYNOPSIS

This straightforward and non-controversial bill seeks to eliminate the sunset on the pandemic-era provisions of law that authorized meetings to develop and update Individual Program Plans and Individualized Family Service Plans for persons with developmental disabilities to be conducted remotely. The bill recognizes that developing these plans remotely have been largely beneficial to regional center users and that there is little downside or risk to using this technology going forward. This bill would maintain the option for in-person plan development meetings.

The bill is co-sponsored by Disability Rights California, Public Counsel, and the Integrated Community Collaborative, and is supported by several other advocates for persons with disabilities. The proponents of this measure note the benefit for regional center users, as this bill will allow families to access vital services without having to physically travel to one of the California’s regional centers, which may be significant distances away. This bill was previously heard and unanimously approved by the Committee on Human Services on consent and has no known opposition.

SUMMARY: Eliminates the June 30, 2024 sunset for utilizing remote technology for Individual Program Plan and Individualized Family Service Plan meetings.

EXISTING LAW:

1. Establishes the “Lanterman Developmental Disabilities Act” (Lanterman Act), which states that California is responsible for providing an array of services and supports sufficiently complete to meet the needs and choices of each person with developmental disabilities, regardless of age or degree of disability, at each stage of life, and to support their integration into the mainstream life of the community. (Welfare and Institutions Code Section 4500 et seq.)
2. Establishes a system of nonprofit regional centers, overseen by the Department of Developmental Services, to provide fixed points of contact in the community for all persons with developmental disabilities and their families, and to coordinate services and supports best suited to them throughout their lifetime. (Welfare and Institutions Code Section 4620.)
3. Provides the Director of the Department of Developmental Services the authority to issue directives to regional centers when necessary to protect a consumer’s health, safety, welfare, or when needed to ensure that regional centers comply with the Lanterman Act or other state or federal law. (Welfare and Institutions Code Section 4639.6.)
4. Establishes the Individual Program Plan as the process to ensure that services and supports are customized to meet the needs of consumers who are served by regional centers for the purpose of alleviating 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, and normal lives. (Welfare and Institutions Code Section 4512 (b).)
5. Requires decisions concerning the consumer’s goals, objectives, and services and supports included in their Individual Program Plan to be made by agreement between the regional center representative and the consumer or, when appropriate, the consumer’s parents, legal guardian, conservator, or authorized representative, at the program plan meeting. (Welfare and Institutions Code Section 4646 (d).)
6. Requires the Individual Program Plan planning processes to include:
7. A statement of the individual’s goals and objectives, a schedule of the type and nature of services to be provided and other specified information and considerations;
8. Review and modification, as necessary, by the regional center’s planning team no less frequently than every three years; and,
9. Statewide training and review of the Individual Program Plan creation. (Welfare and Institutions Code Section 4646.5.)
10. Requires parents and legal guardians to be fully informed of their rights, including the right to invite another person, including a family member or an advocate or peer parent, or any or all of them, to accompany them to any or all Individualized Family Service Plan meetings. Requires, until June 30, 2024, and at the request of the parent or legal guardian, an Individualized Family Service Plan meeting to be held by remote electronic communications. (Government Code Section 95020 (c)(1).)

FISCAL EFFECT: As currently in print this bill is keyed fiscal.

COMMENTS: Since 1969, the Lanterman Developmental Disabilities Act has provided services to individuals three years of age and older who have a qualifying developmental disability. In order to facilitate these services through California’s 21 regional centers, Individual Program Plans and Individualized Family Service Plans are developed in consultation with regional center staff and care recipient’s families. This bill would make permanent the pandemic-era provisions allowing these planning meetings to be conducted remotely. In support of this common sense measure, the author states:

California is the leader in providing developmental services, which is supported by highly trained clinicians. Services are decided by individual program plans (IPP) and individual family service plans (IFSP) to enhance outcomes and quality of life. This bill ensures that lessons from the COVID-19 Pandemic shape California's future, enabling remote access for IPP and IFSP meetings, benefiting recipients, advocates, and clinicians.

The services offered through regional centers as a result of the Lanterman Developmental Disabilities Act are critical to Californians with developmental disabilities. California’s regional centers provide vital services to over 450,000 Californians with developmental disabilities and their families. The Individual Program Plans and Individualized Family Service Plans are developed through a series of discussions between persons with developmental disabilities, their families, and professional staff to help facilitate the coordination of services. In accordance with the Lanterman Developmental Disabilities Act, the plans are designed to promote community integration and maximize opportunities for each individual to develop relationships, be part of community life, increase control over their life, and acquire increasingly positive roles in the community.

Until the pandemic, these plans were typically developed through meetings at regional centers. As all in-person events moved online in March of 2020, the Department of Developmental Services issued an order waiving requirements that the plans be developed in person. This order was subsequently codified, on a temporary basis, by the Legislature in 2022. (SB 188 (Committee on Budget and Fiscal Review), Chap. 49, Stats. 2022.) The proponents of this bill contend that the online meetings have been successful and add a level of convenience for regional center customers and their families as they no longer have to physically travel to a regional center to update plans.

This bill authorizes the use of remote technology for coordinating regional center services does not pose any of the risks that remote technology does in a courtroom setting. This Committee has been, at times, skeptical of the use of remote technology in important government proceedings. Most notably, this Committee has viewed the use of remote technology in court proceedings with a great deal of caution. However, utilizing remote technology to help develop and update Individual Program Plans and Individualized Family Service Plans does not carry the level of risk that use of remote technology does in courts. For example, plan development does not require a verbatim record of the meeting, nor can legal sanctions be levied against parties to a plan development meeting. Similarly, it does not appear that any party to a plan’s development professional license would be at risk should technology fail. Thus, this Committee sees the convenience of maintaining the ability for parties to utilize remote technology to develop Individual Program Plans and Individualized Family Service Plans without the risks associated with using technology in other areas of government. Accordingly, eliminating the sunset date on the authorization of the use of remote technology for Individual Program Plan and Individualized Family Service Plan development appears prudent.

ARGUMENTS IN SUPPORT: This bill is co-sponsored by Disability Rights California, Public Counsel, and the Integrated Community Collaborative, and is supported by several other advocates for persons with disabilities. In support of the bill Disability Rights California states:

Since its codification in 2020, the option to have Individual Program Plans and Individualized Family Service Plans meetings remotely upon request has not only helped hundreds of thousands of people meet safely during the COVID-19 public health emergency, it has increased individuals’ ability to include their chosen loved ones, supporters, providers or advocates, and to overcome access barriers such as distance, transportation, childcare needs, or difficulty taking time off work.

Without further legislative action, there will be nothing in statute after June 30, 2024 to ensure that these meetings can continue to take place virtually. To date, Department of Developmental Services has not issued any regulations, directives or other written guidance addressing whether or when remote Individual Program Plans may be needed to ensure meaningful access for the disabled individual.

Unfortunately, without new statutory language that explicitly preserves this option, people with intellectual/developmental disabilities may be required to have their planning meetings in person regardless of individual barriers or circumstances. Department of Developmental Services has taken the position that in-person meetings build trust between clients and service coordinators and should be made a state priority.

AB 1876 does not seek to require remote service planning meetings or to restrict in-person meetings. It simply seeks to preserve a telehealth option that people with intellectual/developmental disabilities have had the flexibility to choose, and that regional centers have used successfully for the last four years. Making this option permanent in law will ensure that Californians with disabilities will retain the ability to participate in their own service planning in the manner that meets their needs best.

REGISTERED SUPPORT / OPPOSITION:

Support

Disability Rights California (co-sponsor)

Integrated Community Collaborative (co-sponsor)

Public Counsel

Autism Speaks
California Disability Services Association
Children's Law Center of California
Disability Voices United (UNREG)
Los Angeles Coalition of Service Providers
Pathpoint
Special Needs Network, Inc.
State Council on Developmental Disabilities
The California Respite Association

Opposition

None on file

Analysis Prepared by: Nicholas Liedtke / JUD. / (916) 319-2334

Date of Hearing: April 2, 2024

ASSEMBLY COMMITTEE ON HUMAN SERVICES

Alex Lee, Chair

ABPCA Bill Id:AB 1876 (

Author:Jackson) – As Introduced Ver:January 22, 2024

SUBJECT: Developmental services: individual program plans and individual family service plans: remote meetings

SUMMARY: Removes the June 30, 2024 sunset for remote individual program plan (IPP) and individualized family service plan (IFSP) meetings; thereby, permits remote IPP and IFSP meetings indefinitely.

EXISTING LAW:

1. Establishes the “Lanterman Developmental Disabilities Act” (Lanterman Act), which states that California is responsible for providing an array of services and supports sufficiently complete to meet the needs and choices of each person with developmental disabilities, regardless of age or degree of disability, at each stage of life, and to support their integration into the mainstream life of the community. (Welfare and Institutions Code [WIC] § 4500 et seq.)
2. Establishes a system of nonprofit regional centers, overseen by the California Department of Developmental Services (DDS), to provide fixed points of contact in the community for all persons with developmental disabilities and their families, and to coordinate services and supports best suited to them throughout their lifetime. (WIC § 4620)
3. Provides the Director of DDS the authority to issue directives to regional centers when necessary to protect a consumer’s health, safety, welfare, or when needed to ensure that regional centers comply with the Lanterman Act or other state or federal law. (WIC § 4639.6)
4. Establishes an IPP as the process to ensure that services and supports are customized to meet the needs of consumers who are served by regional centers for the purpose of alleviating 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, and normal lives. (WIC § 4512(b))
5. Requires decisions concerning the consumer’s goals, objectives, and services and supports included in their IPP to be made by agreement between the regional center representative and the consumer or, when appropriate, the consumer’s parents, legal guardian, conservator, or authorized representative, at the program plan meeting. (WIC § 4646(d))
6. Requires the IPP planning processes to include:
7. A statement of the individual’s goals and objectives, a schedule of the type and nature of services to be provided and other specified information and considerations;
8. Review and modification, as necessary, by the regional center’s planning team no less frequently than every three years; and,
9. Statewide training and review of the IPP plan creation. (WIC § 4646.5)
10. Requires parents and legal guardians to be fully informed of their rights, including the right to invite another person, including a family member or an advocate or peer parent, or any or all of them, to accompany them to any or all IFSP meetings. Requires, until June 30, 2024, and at the request of the parent or legal guardian, an IFSP meeting to be held by remote electronic communications. (Government Code § 95020 (c)(1))

FISCAL EFFECT: Unknown, this bill has not been analyzed by a fiscal committee.

COMMENTS:

Background: Lanterman Developmental Disabilities Act originally became statute in 1969. The Lanterman Act provides entitlement to services and supports for individuals ages three and older who have a qualifying developmental disability. Qualifying disabilities include autism, epilepsy, cerebral palsy, intellectual disabilities, and other conditions closely related to intellectual disabilities that require similar treatment. To qualify, an individual must have a disability that is substantial that began before the age of 18 and is expected to be lifelong. There are no income‑related eligibility criteria. Direct responsibility for implementation of the Lanterman Act’s service system is shared by DDS and a statewide network of 21 regional centers, which are private, community-based nonprofit entities, that contract with DDS to carry out many of the state’s responsibilities.

As of August 2023, the 21 regional centers served 459,395 consumers, providing services such as: information and referral; assessment and diagnosis; counseling; lifelong individualized planning and service coordination; purchase of necessary services included in the IPP; resource development; outreach; assistance in finding and using community and other resources; advocacy for the protection of legal, civil and service rights; early intervention services for at risk infants and their families; genetic counseling; family support; planning, placement, and monitoring for 24-hour out-of-home care; training and educational opportunities for individuals and families; and, community education about developmental disabilities. Regional centers services vary at each location. One location might offer one program and the next might offer what they consider an alternative or offer nothing comparable. Geographically, regional centers’ spending also varies.

Individual Program Plans Individualized Family Service Plan are Crucial to the Lives of Regional Center Consumers. IPPs are developed by a series of planning discussions and interactions with the IPP team—including, among other individuals, the consumer, their legally authorized representative, and one or more regional center representatives—and is based on the consumer’s needs and choices. IPP meetings are designed to help people with developmental disabilities outline in a person-centered manner a “preferred future” by identifying a preferred place to live, favorite people with whom to socialize, and preferred types of daily activities, including preferred jobs.

As required by the Lanterman Act, the IPP promotes community integration and maximizes opportunities for each consumer to develop relationships, be part of community life, increase control over their life, and acquire increasingly positive roles in the community. The IPP must give the highest preference to those services and supports that allow minors to live with their families and adults to live as independently as possible in the community. The recommendations set forth in each IPP are the foundation for each individual’s care as it guides services received, eligibility for services, and can help assist in the quality of life for that individual.

Each regional center operates independently, as described above. As such, the development of each IPP varies in forms and specific processes used; however, the general guiding steps are similar and are as follows: Once an individual or their representative contacts a regional center there is an initial basic intake and then the family will wait up to 60 days for an assessment. Proceeding the diagnosis and eligibility determination, an IPP meeting will take place to determine services needed and desired. The IPP can take multiple meetings or discussions until a plan is settled on. Federal law dictates that this plan is to be renewed annually, and should be determined by the guiding rules stated above. However, families can request an IPP meeting at any time.

In November 2021, a coalition of disability rights advocates released a report titled, Unfair Hearings: How People with Intellectual & Developmental Disabilities Lack Access to Justice in California and the report found that 90% of all survey respondents reported at least one problem with the IPP process, with the most common complaint being that no one authorized to make a decision on behalf of the regional center attended their IPP meeting. The lack of attendance begs the question: How do we get the right people to participate in IPP meetings?

Remote Participation in IPP and IFSP Meetings. In March 2020, in response to the COVID-19 pandemic, DDS waived requirements for in-person IPP meetings through department directive. SB 188 (Committee on Budget and Fiscal Review), Chapter 49, Statutes of 2022, extended regional centers’ ability to conduct IPP and IFSP meetings remotely. AB 121 (Committee on Budget) Chapter 44, Statutes of 2023, extended remote IPP and IFSP meetings through June 30, 2024, if requested by a consumer or, if appropriate, their parents, legal guardian, conservator, or authorized representative.

2023-24 trailer bill language was adopted with the understanding that there would be a process and proposal on what would occur post the current fiscal year of 2024. This year, the Governor’s Budget includes trailer bill language that proposes an update to the Legislature’s intent language for IPPs that 1) places priority on in-person IPP meetings, and 2) to articulate and reflect the expectation that the development and implementation of the IPP should be conducted using a person-centered approach that identifies services and supports intended to help consumers achieve their personal outcomes and life goals and promote inclusion in their communities. At an Assembly Budget Subcommittee # 2 hearing on February 28, 2024, the Administration stated their case that priority should be placed on face-to-face contact and in-person interaction. Furthermore, the Administration expressed their proposal allows for supporters of the consumer to participate in the IPP meetings and that the time and location should occur at the consumer’s preference. This remains an ongoing conversation in the budget process.

Author’s Statement: According to the Author, “California is the leader in providing developmental services, which is supported by highly trained clinicians. Services are decided by individual program plans (IPP) and individual family service plans (IFSP) to enhance outcomes and quality of life. This bill ensures that lessons from the COVID-19 Pandemic shape California's future, enabling remote access for IPP and IFSP meetings, benefiting recipients, advocates, and clinicians.”

Equity Implications: Individuals living with developmental disabilities rely on services from regional centers to live independently and effectively integrate into the community. IPP meetings guide decisions and the future of an individual. As noted, the top complaint from consumers is lack of attendance of these IPP meetings. Attendance from the proper individuals is key to ensuring a robust discussion that results in the best interest of the individual, allowing them to lead full and productive lives.

For almost a decade, heightened attention has been given to disparities in regional center spending and service provision; data from DDS indicate that, statewide, per capita spending for services for a Latino consumer was $12,152 in 2021 compared to $28,143 for a White consumer. In 2015, statewide data showed that Latino consumers utilize services for which they are authorized at a lower rate (76.6%) than White consumers (82.7%). There is no clear indication that remote IPP meetings will increase equity, but it will likely increase the participation from people in that individual’s life.

Remote meetings have the potential to increase access to this vulnerable population, as remote participation allows for people to be more easily involved in these vital planning meetings, particularly for consumers and their families who reside in remote or rural areas, or those who do not have adequate transportation.

Double referral: Should this bill pass out of this committee, it will be referred to the Assembly Judiciary Committee.

RELATED AND PRIOR LEGISLATION:

AB 1957 (Wilson), Chapter 314, Statutes of 2022, added additional data points to the set of data that DDS and regional centers must report. These additional data mostly relate to services that were cut during the pandemic and recently restored, including social recreation, camping, educational services, and nonmedical therapies such as art, dance, and music. AB 1957 also added untimely translations of an IPP in a threshold language to be included in the set of data.

AB 1 X2 (Thurmond), Chapter 3, Statutes of 2016, authorized the Service Access and Equity grant program through which $11 million in ongoing General Fund resources for DDS was provided to assist regional centers in reducing purchase of service disparities.

AB 1244 (Chesbro) of 2011, would have created a self-determination program to provide individuals with a single, capitated funding allocation they may use to purchase services that support goals identified in their IPP. AB 1244 failed passage in the Senate Human Services Committee.

SB 1038 (Thompson), Chapter 1043, Statutes of 1998, authorized the creation of pilot projects for self-determination at three regional centers. Two other regional centers also created independent self-determination pilots under an alternative service delivery model, bringing to five the number of regional centers engaged in the pilot.

REGISTERED SUPPORT / OPPOSITION:

Support

Disability Rights California (Sponsor)

Public Counsel (Sponsor)

Alliance for Children's Rights

California Community Living Network

California Disability Services Association

Children's Law Center of California

Disability Voices United (UNREG)

Integrated Community Collaborative

Los Angeles Coalition of Service Providers

PathPoint

State Council on Developmental Disabilities

The California Respite Association

Opposition

None on file.

Analysis Prepared by: Alexandria Smith / HUM. S. / (916) 319-2089

Date of Hearing: April 2, 2024

ASSEMBLY COMMITTEE ON HUMAN SERVICES

Alex Lee, Chair

ABPCA Bill Id:AB 1876 (

Author:Jackson) – As Introduced Ver:January 22, 2024

SUBJECT: Developmental services: individual program plans and individual family service plans: remote meetings

SUMMARY: Removes the June 30, 2024 sunset for remote individual program plan (IPP) and individualized family service plan (IFSP) meetings; thereby, permits remote IPP and IFSP meetings indefinitely.

EXISTING LAW:

1. Establishes the “Lanterman Developmental Disabilities Act” (Lanterman Act), which states that California is responsible for providing an array of services and supports sufficiently complete to meet the needs and choices of each person with developmental disabilities, regardless of age or degree of disability, at each stage of life, and to support their integration into the mainstream life of the community. (Welfare and Institutions Code [WIC] § 4500 et seq.)
2. Establishes a system of nonprofit regional centers, overseen by the California Department of Developmental Services (DDS), to provide fixed points of contact in the community for all persons with developmental disabilities and their families, and to coordinate services and supports best suited to them throughout their lifetime. (WIC § 4620)
3. Provides the Director of DDS the authority to issue directives to regional centers when necessary to protect a consumer’s health, safety, welfare, or when needed to ensure that regional centers comply with the Lanterman Act or other state or federal law. (WIC § 4639.6)
4. Establishes an IPP as the process to ensure that services and supports are customized to meet the needs of consumers who are served by regional centers for the purpose of alleviating 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, and normal lives. (WIC § 4512(b))
5. Requires decisions concerning the consumer’s goals, objectives, and services and supports included in their IPP to be made by agreement between the regional center representative and the consumer or, when appropriate, the consumer’s parents, legal guardian, conservator, or authorized representative, at the program plan meeting. (WIC § 4646(d))
6. Requires the IPP planning processes to include:
7. A statement of the individual’s goals and objectives, a schedule of the type and nature of services to be provided and other specified information and considerations;
8. Review and modification, as necessary, by the regional center’s planning team no less frequently than every three years; and,
9. Statewide training and review of the IPP plan creation. (WIC § 4646.5)
10. Requires parents and legal guardians to be fully informed of their rights, including the right to invite another person, including a family member or an advocate or peer parent, or any or all of them, to accompany them to any or all IFSP meetings. Requires, until June 30, 2024, and at the request of the parent or legal guardian, an IFSP meeting to be held by remote electronic communications. (Government Code § 95020 (c)(1))

FISCAL EFFECT: Unknown, this bill has not been analyzed by a fiscal committee.

COMMENTS:

Background: Lanterman Developmental Disabilities Act originally became statute in 1969. The Lanterman Act provides entitlement to services and supports for individuals ages three and older who have a qualifying developmental disability. Qualifying disabilities include autism, epilepsy, cerebral palsy, intellectual disabilities, and other conditions closely related to intellectual disabilities that require similar treatment. To qualify, an individual must have a disability that is substantial that began before the age of 18 and is expected to be lifelong. There are no income‑related eligibility criteria. Direct responsibility for implementation of the Lanterman Act’s service system is shared by DDS and a statewide network of 21 regional centers, which are private, community-based nonprofit entities, that contract with DDS to carry out many of the state’s responsibilities.

As of August 2023, the 21 regional centers served 459,395 consumers, providing services such as: information and referral; assessment and diagnosis; counseling; lifelong individualized planning and service coordination; purchase of necessary services included in the IPP; resource development; outreach; assistance in finding and using community and other resources; advocacy for the protection of legal, civil and service rights; early intervention services for at risk infants and their families; genetic counseling; family support; planning, placement, and monitoring for 24-hour out-of-home care; training and educational opportunities for individuals and families; and, community education about developmental disabilities. Regional centers services vary at each location. One location might offer one program and the next might offer what they consider an alternative or offer nothing comparable. Geographically, regional centers’ spending also varies.

Individual Program Plans Individualized Family Service Plan are Crucial to the Lives of Regional Center Consumers. IPPs are developed by a series of planning discussions and interactions with the IPP team—including, among other individuals, the consumer, their legally authorized representative, and one or more regional center representatives—and is based on the consumer’s needs and choices. IPP meetings are designed to help people with developmental disabilities outline in a person-centered manner a “preferred future” by identifying a preferred place to live, favorite people with whom to socialize, and preferred types of daily activities, including preferred jobs.

As required by the Lanterman Act, the IPP promotes community integration and maximizes opportunities for each consumer to develop relationships, be part of community life, increase control over their life, and acquire increasingly positive roles in the community. The IPP must give the highest preference to those services and supports that allow minors to live with their families and adults to live as independently as possible in the community. The recommendations set forth in each IPP are the foundation for each individual’s care as it guides services received, eligibility for services, and can help assist in the quality of life for that individual.

Each regional center operates independently, as described above. As such, the development of each IPP varies in forms and specific processes used; however, the general guiding steps are similar and are as follows: Once an individual or their representative contacts a regional center there is an initial basic intake and then the family will wait up to 60 days for an assessment. Proceeding the diagnosis and eligibility determination, an IPP meeting will take place to determine services needed and desired. The IPP can take multiple meetings or discussions until a plan is settled on. Federal law dictates that this plan is to be renewed annually, and should be determined by the guiding rules stated above. However, families can request an IPP meeting at any time.

In November 2021, a coalition of disability rights advocates released a report titled, Unfair Hearings: How People with Intellectual & Developmental Disabilities Lack Access to Justice in California and the report found that 90% of all survey respondents reported at least one problem with the IPP process, with the most common complaint being that no one authorized to make a decision on behalf of the regional center attended their IPP meeting. The lack of attendance begs the question: How do we get the right people to participate in IPP meetings?

Remote Participation in IPP and IFSP Meetings. In March 2020, in response to the COVID-19 pandemic, DDS waived requirements for in-person IPP meetings through department directive. SB 188 (Committee on Budget and Fiscal Review), Chapter 49, Statutes of 2022, extended regional centers’ ability to conduct IPP and IFSP meetings remotely. AB 121 (Committee on Budget) Chapter 44, Statutes of 2023, extended remote IPP and IFSP meetings through June 30, 2024, if requested by a consumer or, if appropriate, their parents, legal guardian, conservator, or authorized representative.

2023-24 trailer bill language was adopted with the understanding that there would be a process and proposal on what would occur post the current fiscal year of 2024. This year, the Governor’s Budget includes trailer bill language that proposes an update to the Legislature’s intent language for IPPs that 1) places priority on in-person IPP meetings, and 2) to articulate and reflect the expectation that the development and implementation of the IPP should be conducted using a person-centered approach that identifies services and supports intended to help consumers achieve their personal outcomes and life goals and promote inclusion in their communities. At an Assembly Budget Subcommittee # 2 hearing on February 28, 2024, the Administration stated their case that priority should be placed on face-to-face contact and in-person interaction. Furthermore, the Administration expressed their proposal allows for supporters of the consumer to participate in the IPP meetings and that the time and location should occur at the consumer’s preference. This remains an ongoing conversation in the budget process.

Author’s Statement: According to the Author, “California is the leader in providing developmental services, which is supported by highly trained clinicians. Services are decided by individual program plans (IPP) and individual family service plans (IFSP) to enhance outcomes and quality of life. This bill ensures that lessons from the COVID-19 Pandemic shape California's future, enabling remote access for IPP and IFSP meetings, benefiting recipients, advocates, and clinicians.”

Equity Implications: Individuals living with developmental disabilities rely on services from regional centers to live independently and effectively integrate into the community. IPP meetings guide decisions and the future of an individual. As noted, the top complaint from consumers is lack of attendance of these IPP meetings. Attendance from the proper individuals is key to ensuring a robust discussion that results in the best interest of the individual, allowing them to lead full and productive lives.

For almost a decade, heightened attention has been given to disparities in regional center spending and service provision; data from DDS indicate that, statewide, per capita spending for services for a Latino consumer was $12,152 in 2021 compared to $28,143 for a White consumer. In 2015, statewide data showed that Latino consumers utilize services for which they are authorized at a lower rate (76.6%) than White consumers (82.7%). There is no clear indication that remote IPP meetings will increase equity, but it will likely increase the participation from people in that individual’s life.

Remote meetings have the potential to increase access to this vulnerable population, as remote participation allows for people to be more easily involved in these vital planning meetings, particularly for consumers and their families who reside in remote or rural areas, or those who do not have adequate transportation.

Double referral: Should this bill pass out of this committee, it will be referred to the Assembly Judiciary Committee.

RELATED AND PRIOR LEGISLATION:

AB 1957 (Wilson), Chapter 314, Statutes of 2022, added additional data points to the set of data that DDS and regional centers must report. These additional data mostly relate to services that were cut during the pandemic and recently restored, including social recreation, camping, educational services, and nonmedical therapies such as art, dance, and music. AB 1957 also added untimely translations of an IPP in a threshold language to be included in the set of data.

AB 1 X2 (Thurmond), Chapter 3, Statutes of 2016, authorized the Service Access and Equity grant program through which $11 million in ongoing General Fund resources for DDS was provided to assist regional centers in reducing purchase of service disparities.

AB 1244 (Chesbro) of 2011, would have created a self-determination program to provide individuals with a single, capitated funding allocation they may use to purchase services that support goals identified in their IPP. AB 1244 failed passage in the Senate Human Services Committee.

SB 1038 (Thompson), Chapter 1043, Statutes of 1998, authorized the creation of pilot projects for self-determination at three regional centers. Two other regional centers also created independent self-determination pilots under an alternative service delivery model, bringing to five the number of regional centers engaged in the pilot.

REGISTERED SUPPORT / OPPOSITION:

Support

Disability Rights California (Sponsor)

Alliance for Children's Rights

California Community Living Network

California Disability Services Association

Children's Law Center of California

Disability Voices United (UNREG)

Integrated Community Collaborative

Los Angeles Coalition of Service Providers

PathPoint

Public Counsel

State Council on Developmental Disabilities

The California Respite Association

Opposition

None on file.

Analysis Prepared by: Alexandria Smith / HUM. S. / (916) 319-2089