AB 2209: Developmental services: caregiver succession.

Existing law, the Lanterman Developmental Disabilities Services Act, requires the State Department of Developmental Services to contract with regional centers to provide services and supports to individuals with developmental disabilities and their families. Under existing law, the regional centers purchase needed services and supports for individuals with developmental disabilities through approved service providers, or arrange for their provision through other publicly funded agencies. The services and supports to be provided to a regional center consumer are contained in an individual program plan (IPP), which is developed by the planning team according to specified procedures. Existing law requires the planning process for the IPP to include various components and guidelines, including, when a regional center consumer is being cared for by a parent, a discussion regarding caregiver succession no later than the consumers 22nd birthday, and annually thereafter, and if determined to be necessary, development of a caregiver succession plan, as specified.

This bill would additionally require a discussion regarding caregiver succession to occur when the primary caregiver or authorized representatives reaches 55 years of age, and at any time upon the request of the consumer, primary caregiver, or authorized representative. The bill would require that any caregiver succession plan be documented in the consumers IPP. The bill would explicitly state that a consumer retains the right to decline development of a caregiver succession plan and a discussion regarding caregiver succession or a caregiver succession plan is required to be person centered and reflect the consumers wishes, goals, and maximum independence, and be consistent with supported decisionmaking principles, to the extent applicable.