Existing law, the Lanterman Developmental Disabilities Services Act, requires the State Department of Developmental Services to contract with regional centers to provide services and supports to individuals with developmental disabilities and their families. Existing law requires the department to establish an Office of the Self-Determination Program Ombudsperson to be headed by an individual to be known as the Self-Determination Program Ombudsperson, who is appointed by the Director of Developmental Services. Existing law requires the office to be an independent and autonomous entity within the department and prescribes specified duties and rights of the office, including recommending to the department strategies for change and improvement of the program.

This bill would repeal the above-described provisions establishing the Office of the Self-Determination Program Ombudsperson and instead establish the Office of the Developmental Services Ombudsperson as an independent and autonomous entity within the department for the purpose of monitoring the implementation of specified services for individuals served by a regional center, as defined. The bill would set forth the duties of the Office of the Developmental Services Ombudsperson, including, among other things, disseminating information and providing training and technical assistance, and receiving and possibly investigating complaints made by or on behalf of individuals served by a regional center. The bill would establish the position of the Developmental Services Ombudsperson to head the office and specify appointment procedures and the duties of that position.

Existing law provides that, except as otherwise provided by statute, all relevant evidence is admissible. The California Constitution provides for the Right to Truth-In-Evidence, which requires a ²/₃ vote of the Legislature to exclude any relevant evidence from any criminal proceeding, as specified.

This bill would prohibit the ombudsperson or their staff from being compelled to testify or be deposed, or to disclose specified records, in a judicial or administrative proceeding. Because this prohibition would affect the admissibility of relevant evidence in criminal proceedings, the bill would require a 23 vote of the Legislature.

Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

This bill would make legislative findings to that effect.

This bill would declare that it is to take effect immediately as an urgency statute.

Existing law, the Lanterman Developmental Disabilities Services Act, requires the State Department of Developmental Services to contract with regional centers to provide services and supports to individuals with developmental disabilities and their families. Existing law requires the department to establish an Office of the Self-Determination Program Ombudsperson to be headed by an individual to be known as the Self-Determination Program Ombudsperson, who is appointed by the Director of Developmental Services. Existing law requires the office to be an independent and autonomous entity within the department and prescribes specified duties and rights of the office, including recommending to the department strategies for change and improvement of the program.

This bill would repeal the above-described provisions establishing the Office of the Self-Determination Program Ombudsperson and instead establish the Office of the Developmental Services Ombudsperson as an independent and autonomous entity within the department for the purpose of monitoring the implementation of specified services for individuals served by a regional center, as defined. The bill would set forth the duties of the Office of the Developmental Services Ombudsperson, including, among other things, disseminating information and providing training and technical assistance, and receiving and possibly investigating complaints made by or on behalf of individuals served by a regional center. The bill would establish the position of the Developmental Services Ombudsperson to head the office and specify appointment procedures and the duties of that position.

Existing law provides that, except as otherwise provided by statute, all relevant evidence is admissible. The California Constitution provides for the Right to Truth-In-Evidence, which requires a ²/₃ vote of the Legislature to exclude any relevant evidence from any criminal proceeding, as specified.

This bill would prohibit the ombudsperson or their staff from being compelled to testify or be deposed, or to disclose specified records, in a judicial or administrative proceeding. Because this prohibition would affect the admissibility of relevant evidence in criminal proceedings, the bill would require a 23 vote of the Legislature.

Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

This bill would make legislative findings to that effect.

This bill would declare that it is to take effect immediately as an urgency statute.

Existing law, the Lanterman Developmental Disabilities Services Act, requires the State Department of Developmental Services to contract with regional centers to provide services and supports to individuals with developmental disabilities and their families. Existing law requires the department to establish an Office of the Self-Determination Program Ombudsperson to be headed by an individual to be known as the Self-Determination Program Ombudsperson, who is appointed by the Director of Developmental Services. Existing law requires the office to be an independent and autonomous entity within the department and prescribes specified duties and rights of the office, including recommending to the department strategies for change and improvement of the program.

This bill would repeal the above-described provisions establishing the Office of the Self-Determination Program Ombudsperson and instead establish the Office of the Developmental Services Ombudsperson as an independent and autonomous entity within the department for the purpose of monitoring the implementation of specified services for individuals served by a regional center, as defined. The bill would set forth the duties of the Office of the Developmental Services Ombudsperson, including, among other things, disseminating information and providing training and technical assistance, and receiving and possibly investigating complaints made by or on behalf of individuals served by a regional center. The bill would establish the position of the Developmental Services Ombudsperson to head the office and specify appointment procedures and the duties of that position.

Existing law provides that, except as otherwise provided by statute, all relevant evidence is admissible. The California Constitution provides for the Right to Truth-In-Evidence, which requires a ²/₃ vote of the Legislature to exclude any relevant evidence from any criminal proceeding, as specified.

This bill would prohibit the ombudsperson or their staff from being compelled to testify or be deposed, or to disclose specified records, in a judicial or administrative proceeding. Because this prohibition would affect the admissibility of relevant evidence in criminal proceedings, the bill would require a 23 vote of the Legislature.

Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

This bill would make legislative findings to that effect.

Existing law, the Lanterman Developmental Disabilities Services Act, requires the State Department of Developmental Services to contract with regional centers to provide services and supports to individuals with developmental disabilities and their families. Existing law requires the department to establish an Office of the Self-Determination Program Ombudsperson to be headed by an individual to be known as the Self-Determination Program Ombudsperson, who is appointed by the Director of Developmental Services. Existing law requires the office to be an independent and autonomous entity within the department and prescribes specified duties and rights of the office, including recommending to the department strategies for change and improvement of the program.

This bill would repeal the above-described provisions establishing the Office of the Self-Determination Program Ombudsperson and instead establish the Office of the Developmental Services Ombudsperson as an independent and autonomous entity within the department for the purpose of monitoring the implementation of specified services for individuals served by a regional center, as defined. The bill would set forth the duties of the Office of the Developmental Services Ombudsperson, including, among other things, disseminating information and providing training and technical assistance, and receiving and possibly investigating complaints made by or on behalf of individuals served by a regional center. The bill would establish the position of the Developmental Services Ombudsperson to head the office and specify appointment procedures and the duties of that position.

Existing law provides that, except as otherwise provided by statute, all relevant evidence is admissible. The California Constitution provides for the Right to Truth-In-Evidence, which requires a ²/₃ vote of the Legislature to exclude any relevant evidence from any criminal proceeding, as specified.

This bill would prohibit the ombudsperson or their staff from being compelled to testify or be deposed, or to disclose specified records, in a judicial or administrative proceeding. Because this prohibition would affect the admissibility of relevant evidence in criminal proceedings, the bill would require a 23 vote of the Legislature.

Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

This bill would make legislative findings to that effect.

Existing law, the Lanterman Developmental Disabilities Services Act, requires the State Department of Developmental Services to contract with regional centers to provide services and supports to individuals with developmental disabilities and their families. Existing law requires the department to establish an Office of the Self-Determination Program Ombudsperson to be headed by an individual to be known as the Self-Determination Program Ombudsperson, who is appointed by the Director of Developmental Services. Existing law requires the office to be an independent and autonomous entity within the department and prescribes specified duties and rights of the office, including recommending to the department strategies for change and improvement of the program.

This bill would establish the Office of the Developmental Services Ombudsperson as an independent and autonomous entity within the department for the purpose of monitoring the implementation of specified services for individuals served by a regional center, as defined. The bill would set forth the duties of the Office of the Developmental Services Ombudsperson, including, among other things, disseminating information and providing training and technical assistance, and receiving and possibly investigating complaints made by or on behalf of individuals served by a regional center. The bill would establish the position of the Developmental Services Ombudsperson to head the office and specify appointment procedures and the duties of that position.

Existing law provides that, except as otherwise provided by statute, all relevant evidence is admissible. The California Constitution provides for the Right to Truth-In-Evidence, which requires a²/₃ vote of the Legislature to exclude any relevant evidence from any criminal proceeding, as specified.

This bill would prohibit the ombudsperson or their staff from being compelled to testify or be deposed, or to disclose specified records, in a judicial or administrative proceeding. Because this prohibition would affect the admissibility of relevant evidence in criminal proceedings, the bill would require a 23 vote of the Legislature.

Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

This bill would make legislative findings to that effect.

Existing law, the Lanterman Developmental Disabilities Services Act, requires the State Department of Developmental Services to contract with regional centers to provide services and supports to individuals with developmental disabilities and their families. Existing law requires the department to establish an Office of the Self-Determination Program Ombudsperson to be headed by an individual to be known as the Self-Determination Program Ombudsperson, who is appointed by the Director of Developmental Services. Existing law requires the office to be an independent and autonomous entity within the department and prescribes specified duties and rights of the office, including recommending to the department strategies for change and improvement of the program.

This bill would establish the Office of the Developmental Services Ombudsperson as an independent and autonomous entity within the department for the purpose of monitoring the implementation of specified services for individuals served by a regional center, as defined. The bill would set forth the duties of the Office of the Developmental Services Ombudsperson, including, among other things, disseminating information and providing training and technical assistance, and receiving and possibly investigating complaints made by or on behalf of individuals served by a regional center. The bill would establish the position of the Developmental Services Ombudsperson to head the office and specify appointment procedures and the duties of that position.

Existing law provides that, except as otherwise provided by statute, all relevant evidence is admissible. The California Constitution provides for the Right to Truth-In-Evidence, which requires a²/₃ vote of the Legislature to exclude any relevant evidence from any criminal proceeding, as specified.

This bill would prohibit the ombudsperson or their staff from being compelled to testify or be deposed, or to disclose specified records, in a judicial or administrative proceeding. Because this prohibition would affect the admissibility of relevant evidence in criminal proceedings, the bill would require a 23 vote of the Legislature.

Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

This bill would make legislative findings to that effect.

Existing law, the Lanterman Developmental Disabilities Services Act, requires the State Department of Developmental Services to contract with regional centers to provide services and supports to individuals with developmental disabilities and their families. Existing law requires the department to establish an Office of the Self-Determination Program Ombudsperson to be headed by an individual to be known as the Self-Determination Program Ombudsperson, who is appointed by the Director of Developmental Services. Existing law requires the office to be an independent and autonomous entity within the department and prescribes specified duties and rights of the office, including recommending to the department strategies for change and improvement of the program.

This bill would establish the Office of the Developmental Services Ombudsperson as an independent and autonomous entity within the department for the purpose of monitoring the implementation of specified services for individuals served by a regional center, as defined. The bill would set forth the duties of the Office of the Developmental Services Ombudsperson, including, among other things, disseminating information and providing training and technical assistance, and receiving and possibly investigating complaints made by or on behalf of individuals served by a regional center. The bill would establish the position of the Developmental Services Ombudsperson to head the office and specify appointment procedures and the duties of that position.

Existing law provides that, except as otherwise provided by statute, all relevant evidence is admissible. The California Constitution provides for the Right to Truth-In-Evidence, which requires a²/₃ vote of the Legislature to exclude any relevant evidence from any criminal proceeding, as specified.

This bill would prohibit the ombudsperson or their staff from being compelled to testify or be deposed, or to disclose specified records, in a judicial or administrative proceeding. Because this prohibition would affect the admissibility of relevant evidence in criminal proceedings, the bill would require a 23 vote of the Legislature.

Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

This bill would make legislative findings to that effect.

Existing law, the Lanterman Developmental Disabilities Services Act, requires the State Department of Developmental Services to contract with regional centers to provide services and supports to individuals with developmental disabilities and their families. Existing law requires the department to establish an Office of the Self-Determination Program Ombudsperson to be headed by an individual to be known as the Self-Determination Program Ombudsperson, who is appointed by the Director of Developmental Services. Existing law requires the office to be an independent and autonomous entity within the department and prescribes specified duties and rights of the office, including recommending to the department strategies for change and improvement of the program.

This bill would establish the Office of the Lanterman Developmental Services Ombudsperson as an independent and autonomous entity within the department for the purpose of providing individuals with intellectual and developmental disabilities who are consumers of developmental services with a means to resolve issues related to their care, placement, or services. monitoring the implementation of specified services for individuals served by a regional center, as defined. The bill would set forth the duties of the Office of the Lanterman Developmental Services Ombudsperson, including, among other things, disseminating information and providing training and technical assistance, and receiving and possibly investigating complains complaints made by or on behalf of consumers of developmental services. The bill would clarify that the Office of the Self-Determination Ombudsperson is a separate office, but would also require the Lanterman Ombudsperson to oversee the Office of the Self-Determination Ombudsperson. individuals served by a regional center. The bill would establish the position of the Developmental Services Ombudsperson to head the office and specify appointment procedures and the duties of that position.

Existing law provides that, except as otherwise provided by statute, all relevant evidence is admissible. The California Constitution provides for the Right to Truth-In-Evidence, which requires a 2/3²/₃ vote of the Legislature to exclude any relevant evidence from any criminal proceeding, as specified.

This bill would prohibit the ombudsperson or their staff from being compelled to testify or be deposed, or to disclose specified records, in a judicial or administrative proceeding. Because this prohibition would affect the admissibility of relevant evidence in criminal proceedings, the bill would require a 23 vote of the Legislature.

Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

This bill would make legislative findings to that effect.

Existing law, the Lanterman Developmental Disabilities Services Act, requires the State Department of Developmental Services to contract with regional centers to provide services and supports to individuals with developmental disabilities and their families. Existing law requires the department to establish an Office of the Self-Determination Program Ombudsperson to be headed by an individual to be known as the Self-Determination Program Ombudsperson, who is appointed by the Director of Developmental Services. Existing law requires the office to be an independent and autonomous entity within the department and prescribes specified duties and rights of the office, including recommending to the department strategies for change and improvement of the program.

This bill would establish the Office of the Lanterman Ombudsperson as an autonomous entity within the department for the purpose of providing individuals with intellectual and developmental disabilities who are consumers of developmental services with a means to resolve issues related to their care, placement, or services. The bill would set forth the duties of the Office of the Lanterman Ombudsperson, including, among other things, disseminating information and providing training and technical assistance, and receiving and possibly investigating complains made by or on behalf of consumers of developmental services. The bill would clarify that the Office of the Self-Determination Ombudsperson is a separate office, but would also require the Lanterman Ombudsperson to oversee the Office of the Self-Determination Ombudsperson.

Existing law provides that, except as otherwise provided by statute, all relevant evidence is admissible. The California Constitution provides for the Right to Truth-In-Evidence, which requires a 2/3 vote of the Legislature to exclude any relevant evidence from any criminal proceeding, as specified.

This bill would prohibit the ombudsperson or their staff from being compelled to testify or be deposed, or to disclose specified records, in a judicial or administrative proceeding. Because this prohibition would affect the admissibility of relevant evidence in criminal proceedings, the bill would require a 23 vote of the Legislature.

Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

This bill would make legislative findings to that effect.

 UNFINISHED BUSINESS 

Bill No: SB 471

Author: Menjivar (D)

Amended: 9/4/25

Vote: 27- Urgency

SENATE HUMAN SERVICES COMMITTEE: 5-0, 4/7/25

AYES: Arreguín, Ochoa Bogh, Becker, Limón, Pérez

SENATE JUDICIARY COMMITTEE: 13-0, 4/22/25

AYES: Umberg, Niello, Allen, Arreguín, Ashby, Caballero, Durazo, Laird, Stern, Valladares, Wahab, Weber Pierson, Wiener

SENATE APPROPRIATIONS COMMITTEE: 6-0, 5/23/25

AYES: Caballero, Seyarto, Cabaldon, Grayson, Richardson, Wahab

NO VOTE RECORDED: Dahle

SENATE FLOOR: 39-0, 6/4/25

AYES: Allen, Alvarado-Gil, Archuleta, Arreguín, Ashby, Becker, Blakespear, Cabaldon, Caballero, Cervantes, Choi, Cortese, Dahle, Durazo, Gonzalez, Grayson, Grove, Hurtado, Jones, Laird, Limón, McGuire, McNerney, Menjivar, Niello, Ochoa Bogh, Padilla, Pérez, Richardson, Rubio, Seyarto, Smallwood-Cuevas, Stern, Strickland, Umberg, Valladares, Wahab, Weber Pierson, Wiener

NO VOTE RECORDED: Reyes

ASSEMBLY FLOOR: 80-0, 9/9/25 - See last page for vote

SUBJECT: Office of the Developmental Services Ombudsperson

SOURCE: Disability Voices United

Integrated Community Collaborative

DIGEST:

This bill establishes the Office of the Developmental Services Ombudsperson as an independent and autonomous entity within the Department of Developmental Services (DDS). This bill establishes the duties of the Office, including disseminating information, providing training and technical assistance, and receiving and investigating complaints made by or on behalf of individuals served by a regional center.

Assembly Amendments

of 9/4/25 require the Office of the Developmental Services Ombudsperson to enter into a memorandum of understanding with the Office of the State Long-Term Care Ombudsperson; authorize the director of DDS to appoint a Developmental Services Ombudsperson if the appointment committee has not provided input within 90 days; require DDS to update documents, within its ability, workload capacity, and existing resources, after receiving recommendations from the Developmental Services Ombudsperson; amend the definition of “record” for purposes of access authority; and repeal statutory language establishing the current Office of the Self-Determination Program Ombudsperson. Amendments also add an urgency clause.

ANALYSIS:

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 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. (Welfare & Institutional Code (WIC) § 4500, et seq.)
2. Establishes a system of nonprofit regional centers. (WIC §4620)
3. Establishes a statewide Self-Determination Program (SDP) to provide participants and their families, within an individual budget, increased flexibility and choice, and greater control over decisions, resources, and needed and desired services and supports to implement their individual program plan. (WIC §4685.8)
4. Requires DDS to establish the Office of the SDP Ombudsperson. Requires the Director of DDS (director) to appoint an SDP Ombudsperson who is qualified to perform the duties of the office for a four-year term. Allows the director to reappoint the SDP Ombudsperson for consecutive terms. (WIC §4685.9(a-b))
5. Requires the Office of the SDP Ombudsperson to be an independent and autonomous entity within DDS for the purpose of monitoring the implementation of the SDP and to assist regional center clients and SDP consumers and their families to participate fully in the SDP. (WIC §4685.9(c))
6. Confers the Office of the SDP Ombudsperson all of the following rights and duties:
   1. Providing information and assisting regional center consumers and their families in understanding their rights under the SDP.
   2. Deciding whether to investigate complaints regarding the implementation of the SDP, and recommending to DDS strategies for change and improvement of the SDP. Disclosure of information shall occur only as necessary to carry out the mission of the office and as permitted by law.
   3. Annually compiling and reporting to the Legislature relevant data.
   4. Recommending to DDS and the Legislature changes to, including, but not limited to, relevant laws, regulations, policies, and actions that it determines to be appropriate and provide and facilitate public comment on, including, but not limited to, relevant laws, regulations, policies, and actions.
   5. Establishing a dedicated telephone number at which regional center consumers and other stakeholders may contact the office. (WIC §4685.9(d))
7. Establishes the Persons With Developmental Disabilities Bill of Rights. (WIC §4502)
8. Requires all advocacy programs and any programs similar in nature to the Long-Term Care Ombudsman Program that receive funding or official designation from the state to cooperate with the Office of the Long-Term Care Ombudsman, where appropriate, as specified. (WIC §9717)

This bill:

1. Requires the Office of the Developmental Services Ombudsperson to be established as an independent and autonomous entity within DDS for the purpose of monitoring the implementation of services for individuals with intellectual and developmental disabilities, including, but not limited to, the SDP, the California Early Intervention Services Act, and the Lanterman Act, as specified.
2. Makes the Office of the Developmental Services Ombudsperson responsible for receiving and resolving complaints, conducting investigations, suggesting systematic changes, and resolving various issues that may include, but are not limited to, inquiries, questions, or requests for information, assistance, or facilitation in navigating service access.
3. Provides that the Office of the Developmental Services Ombudsperson shall be headed by an individual, to be known as the Developmental Services Ombudsperson.
4. Defines “individuals served by a regional center” to include all of the following:
   1. Individuals who receive services through a regional center, as specified.
   2. Individuals who are participating in the Early Start program, as specified.
   3. Individuals who are determined to be eligible for regional center services but are not receiving services from a regional center.
5. Provides that the Office of the Developmental Services Ombudsperson shall enter into a memorandum of understanding (MOU) with the Office of the State Long-Term Care Ombudsman within the California Department of Aging to coordinate the provision of ombudsperson services for regional center clients residing in long-term care facilities.
6. Requires the director, in consultation with, and after receiving a list of possible nominees from, a committee of at least five interested individuals, and after obtaining the committee’s input, to appoint a Developmental Services Ombudsperson for a term of four years.
   1. Requires the director to select the committee members, the majority of whom must be representatives of advocacy organizations and consumers or family members.
   2. Allows the director to make the appointment if the committee does not provide input after 90 days. Specifies the 90 days begins after the director seeks input from the committee.
   3. Allows the director to reappoint the Developmental Services Ombudsperson for consecutive terms.
   4. Specifies processes for appointment of a successor.
7. Requires the Developmental Services Ombudsperson to be independent, and requires the exercise of the Developmental Services Ombudsperson’s discretion related to their duties and powers to not be controlled, supervised, or directed, directly or indirectly, by the director or any other official.
8. Requires the Developmental Services Ombudsperson, in consultation with DDS, to hire the necessary personnel to perform the functions of the Office of the Developmental Services Ombudsperson. Specifies all employees within the office must maintain expertise in the SDP, California Early Intervention Services Act, and Lanterman Act, and requires the office to maintain, at minimum, one person with significant expertise in the SDP.
9. Requires the Office of the Developmental Services Ombudsperson to do all of the following:
   1. Disseminate information and provide training and technical assistance. Commencing on January, 1, 2028, at the end of every two-year legislative session, review amendments to laws applicable to individuals served by a regional center and recommend any updates to materials published by DDS. Requires DDS, if workload capacity allows using existing resources, to update those document to the best of its ability.
   2. Receive complaints made by or on behalf of individuals served by a regional center, related to their care, placement, or services.
   3. Decide, in its discretion, whether to investigate a complaint, or refer complaints to another agency for investigation. Attempt to resolve complaints under investigation without using a judicial or administrative proceeding. Follow processes related to notification of complaint investigation.
   4. Compile and make available specified data to the Legislature. The office shall include recommendations consistent with this data for improving the developmental services system. Authorizes the Office of the Developmental Services Ombudsperson to present these data on an annual basis at appropriate events, as specified.
   5. Have access to copies of any record of a state agency, local agency, or regional center, and contractors or vendors with the state agency, local agencies, and regional centers that is necessary to carry out their responsibilities, and may meet or communicate with any consumer in their placement or elsewhere.
10. Specifies that information obtained by the Office of the Developmental Services Ombudsperson from a complaint, regardless of whether it is investigated by the office, referred to another entity for investigation, or determined not to be the proper subject of an investigation, shall remain confidential under relevant state and federal confidentiality laws.
11. Authorizes the ombudsperson to take certain actions as part of the Office of the Developmental Services Ombudsperson’s efforts to resolve complaints, including, but not limited to, the following:
    1. Establish policies and procedures for receiving and processing complaints, conducting investigations, and reporting findings.
    2. Develop and maintain a page on the department’s internet website with information about the office, how to access the office, and links to relevant materials.
    3. Conduct whatever investigation reasonably related to the complaint and to developmental services that the ombudsperson deems necessary, as specified.
    4. Attempt to resolve complaints.
    5. Submit a written plan, as specified, to the relevant state agency, local agency, or regional center, or a contractor or vendor with the state agency, local agency, or regional center, recommending a course of action to resolve the complaint.
    6. Periodically convene a focus group to advise the Office in the performance of its duties.
    7. Recommend to DDS any changes to laws, regulations, policies, or communications.
12. States the Developmental Services Ombudsperson and staff of the ombudsperson shall not be compelled to testify, and records of the Office of the Developmental Services Ombudsperson shall not be subject to disclosure in a judicial or administrative proceeding, except as may be necessary, as specified.
13. Requires the Office of the Developmental Services Ombudsperson to establish a toll-free number. Requires regional center case managers to provide consumers, and, if appropriate, their parents, legal guardians, conservator or authorized representative, with the toll-free telephone number for the office and verbal or written information regarding the existence and purpose of the office during the annual individualized program plan or individual family service plan meetings.
14. Repeals statutory language establishing the Office of the SDP Ombudsperson.
15. Finds and declares that this bill imposes a limitation on the public’s right of access to the meetings of public bodies or writing of public officials and agencies, and that this is necessary to maintain the confidentiality of individuals served by a regional center.
16. Provides that this act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect.

Background

Purpose of this bill. According to the author, “To effectively serve DDS consumers, the Developmental Services Ombudsperson requires statutory authority to access records, negotiate settlements, and connect with key individuals and information. SB 471 will provide the ombudsperson with this authority to help clarify and empower the Ombudspersons’ duties in serving DDS consumers. It is time for us to do better by the IDD community, bring parity to the Developmental Services Ombudsperson, and provide the same statutory authority that exists for other Department Ombudspersons.”

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; such disabilities include, among others: epilepsy, autism spectrum disorder, intellectual disability, and cerebral palsy. The Department of Finance estimates that approximately 465,165 individuals will receive developmental services in 2024–25, increasing to 504,905 in 2025–26.

Office of the SDP Ombudsperson. The Office of the SDP Ombudsperson was established in the 2021 Budget Act and the office opened in October 2021. The SDP Ombudsperson has the following rights and duties: assisting regional center consumers and their families in understanding their rights under the SDP; deciding whether to investigate complaints and recommending to DDS strategies for change and improvement of the SDP; annually reporting relevant data to the Legislature; and recommending changes to relevant laws, regulations, and policies to DDS and the Legislature.

DDS Office of the Ombudsperson. DDS already has an established Office of the Ombudsperson. According to a DDS Directive sent to regional center directors, the department received funding through the 2022 Budget Act to establish the office, which opened in December 2022. The DDS website states that the Ombudsperson assists regional center clients and their families to access their regional center services available under the Lanterman Act. According to the website, the Office of the Ombudsperson can: provide information to regional center clients and their families, facilitate resolution to disagreements and complaints, make recommendations, and compile and report data.

This bill would formally establish in statute the Office of the Ombudsperson as the Office of the Developmental Services Ombudsperson, which would serve all individuals served by a regional center. In addition to codifying the office, this bill would add protections for the office and consumers. Namely, this bill would:

• Grant the Developmental Services Ombudsperson access authority to obtain records from a state agency, local agency, or regional center, and a contractor or vendor of a state agency, local agency, or regional center.
• If the ombudsperson makes a written recommendation, require a state agency, local agency, or regional center, or a contractor or vendor of a state agency, local agency, or regional center to submit a written response to the Developmental Services Ombudsperson within 30 days.
• Grant the Office of the Developmental Services Ombudsperson confidentiality protection, including prohibiting the Developmental Services Ombudsperson and staff of the ombudsperson from being compelled to testify or be deposed in a judicial or administrative proceeding regarding matters related to their official duties, and exempting records of the Developmental Services Ombudsperson and staff of the ombudsperson from disclosure.

Comments

This bill seeks to strengthen protections for individuals served by a regional center by formally establishing an Office of the Developmental Services Ombudsperson. Formally establishing an Office of the Developmental Services Ombudsperson will expand the rights and responsibilities of the current Office of the Ombudsperson at DDS, including authority to obtain records, a confidentiality clause, and the requirement of a written response to be provided to the Developmental Services Ombudsperson within 30 days. This bill would take immediate effect if passed.

Related/Prior Legislation

AB 136 (Committee on Budget, Chapter 76, Statutes of 2021), a budget trailer bill, established the Office of the SDP Ombudsperson.

SB 933 (Thompson, Chapter 311, Statutes of 1998), a budget trailer bill, established the Office of the Foster Care Ombudsperson.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

According to the Assembly Appropriations Committee, “Estimated ongoing costs to DDS in the range of $700,000 to $1 million (General Funds, federal funds) annually to support the new Office created by this bill. This includes $550,000 to $850,000 (GF, federal funds) annually based on the current budget for the existing uncodified ombudsperson office (Lanterman Ombudsperson), now made permanent by this bill, as well as $159,000 ($127,000 General Fund, $32,000 federal funds) annually, for one permanent position to meet the additional workload created by this bill. New responsibilities include, among others things, developing and disseminating rights-related and other information, receiving, investigating, and resolving complaints, and making recommendations to DDS and the Legislature for improving the developmental services system. Codifying the Office creates an ongoing GF obligation.”

“DDS reports ongoing costs of $1.7 million (GF, federal funds) to support 11 positions in the operation of its two existing ombudsperson offices, including the office this bill proposes to codify. DDS could not provide an exact breakdown of funding between the two offices. This estimate attributes one-third to one-half of the $1.7 million to the existing Office.”

SUPPORT: (Verified 9/5/25)

Disability Voices United (Source)
Integrated Community Collaborative (Source)
The Arc and United Cerebral Palsy California Collaboration
University of California Student Association

OPPOSITION: (Verified 9/5/25)

None received

ASSEMBLY FLOOR: 9/9/25, 80-0

Ayes: Addis, Aguiar-Curry, Ahrens, Alanis, Alvarez, Arambula, Ávila Farías, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Caloza, Carrillo, Castillo, Chen, Connolly, Davies, DeMaio, Dixon, Elhawary, Ellis, Flora, Fong, Gabriel, Gallagher, Garcia, Gipson, Jeff Gonzalez, Mark González, Hadwick, Haney, Harabedian, Hart, Hoover, Irwin, Jackson, Johnson, Kalra, Krell, Lackey, Lee, Lowenthal, Macedo, McKinnor, Muratsuchi, Nguyen, Ortega, Pacheco, Papan, Patel, Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Ransom, Celeste Rodriguez, Michelle Rodriguez, Rogers, Blanca Rubio, Sanchez, Schiavo, Schultz, Sharp-Collins, Solache, Soria, Stefani, Ta, Tangipa, Valencia, Wallis, Ward, Wicks, Wilson, Zbur, Rivas

Noes:

No Vote Recorded:

Prepared by: Diana Dominguez / HUM. S. / (916) 651-1524

10/14/26 12:52:17

**** END ****

 UNFINISHED BUSINESS  

Bill No: SB 471

Author: Menjivar (D)

Amended: 9/4/25 in Assembly

Vote: 27- Urgency

SENATE HUMAN SERVICES COMMITTEE: 5-0, 4/7/25

AYES: Arreguín, Ochoa Bogh, Becker, Limón, Pérez

SENATE JUDICIARY COMMITTEE: 13-0, 4/22/25

AYES: Umberg, Niello, Allen, Arreguín, Ashby, Caballero, Durazo, Laird, Stern, Valladares, Wahab, Weber Pierson, Wiener

SENATE APPROPRIATIONS COMMITTEE: 6-0, 5/23/25

AYES: Caballero, Seyarto, Cabaldon, Grayson, Richardson, Wahab

NO VOTE RECORDED: Dahle

SENATE FLOOR: 39-0, 6/4/25

AYES: Allen, Alvarado-Gil, Archuleta, Arreguín, Ashby, Becker, Blakespear, Cabaldon, Caballero, Cervantes, Choi, Cortese, Dahle, Durazo, Gonzalez, Grayson, Grove, Hurtado, Jones, Laird, Limón, McGuire, McNerney, Menjivar, Niello, Ochoa Bogh, Padilla, Pérez, Richardson, Rubio, Seyarto, Smallwood-Cuevas, Stern, Strickland, Umberg, Valladares, Wahab, Weber Pierson, Wiener

NO VOTE RECORDED: Reyes

ASSEMBLY FLOOR: 70-0, 9/9/25 – Roll call not available.

SUBJECT: Office of the Developmental Services Ombudsperson

SOURCE: Disability Voices United

Integrated Community Collaborative

DIGEST:

This bill establishes the Office of the Developmental Services Ombudsperson as an independent and autonomous entity within the Department of Developmental Services (DDS). This bill establishes the duties of the Office, including disseminating information, providing training and technical assistance, and receiving and investigating complaints made by or on behalf of individuals served by a regional center.

Assembly Amendments

of 9/4/25 require the Office of the Developmental Services Ombudsperson to enter into a memorandum of understanding with the Office of the State Long-Term Care Ombudsperson; authorize the director of DDS to appoint a Developmental Services Ombudsperson if the appointment committee has not provided input within 90 days; require DDS to update documents, within its ability, workload capacity, and existing resources, after receiving recommendations from the Developmental Services Ombudsperson; amend the definition of “record” for purposes of access authority; and repeal statutory language establishing the current Office of the Self-Determination Program Ombudsperson. Amendments also add an urgency clause.

ANALYSIS:

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 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. (Welfare & Institutional Code (WIC) § 4500, et seq.)
2. Establishes a system of nonprofit regional centers. (WIC §4620)
3. Establishes a statewide Self-Determination Program (SDP) to provide participants and their families, within an individual budget, increased flexibility and choice, and greater control over decisions, resources, and needed and desired services and supports to implement their individual program plan. (WIC §4685.8)
4. Requires DDS to establish the Office of the SDP Ombudsperson. Requires the Director of DDS (director) to appoint an SDP Ombudsperson who is qualified to perform the duties of the office for a four-year term. Allows the director to reappoint the SDP Ombudsperson for consecutive terms. (WIC §4685.9(a-b))
5. Requires the Office of the SDP Ombudsperson to be an independent and autonomous entity within DDS for the purpose of monitoring the implementation of the SDP and to assist regional center clients and SDP consumers and their families to participate fully in the SDP. (WIC §4685.9(c))
6. Confers the Office of the SDP Ombudsperson all of the following rights and duties:
   1. Providing information and assisting regional center consumers and their families in understanding their rights under the SDP.
   2. Deciding whether to investigate complaints regarding the implementation of the SDP, and recommending to DDS strategies for change and improvement of the SDP. Disclosure of information shall occur only as necessary to carry out the mission of the office and as permitted by law.
   3. Annually compiling and reporting to the Legislature relevant data.
   4. Recommending to DDS and the Legislature changes to, including, but not limited to, relevant laws, regulations, policies, and actions that it determines to be appropriate and provide and facilitate public comment on, including, but not limited to, relevant laws, regulations, policies, and actions.
   5. Establishing a dedicated telephone number at which regional center consumers and other stakeholders may contact the office. (WIC §4685.9(d))
7. Establishes the Persons With Developmental Disabilities Bill of Rights. (WIC §4502)
8. Requires all advocacy programs and any programs similar in nature to the Long-Term Care Ombudsman Program that receive funding or official designation from the state to cooperate with the Office of the Long-Term Care Ombudsman, where appropriate, as specified. (WIC §9717)

This bill

1. Requires the Office of the Developmental Services Ombudsperson to be established as an independent and autonomous entity within DDS for the purpose of monitoring the implementation of services for individuals with intellectual and developmental disabilities, including, but not limited to, the SDP, the California Early Intervention Services Act, and the Lanterman Act, as specified.
2. Makes the Office of the Developmental Services Ombudsperson responsible for receiving and resolving complaints, conducting investigations, suggesting systematic changes, and resolving various issues that may include, but are not limited to, inquiries, questions, or requests for information, assistance, or facilitation in navigating service access.
3. Provides that the Office of the Developmental Services Ombudsperson shall be headed by an individual, to be known as the Developmental Services Ombudsperson.
4. Defines “individuals served by a regional center” to include all of the following:
   1. Individuals who receive services through a regional center, as specified.
   2. Individuals who are participating in the Early Start program, as specified.
   3. Individuals who are determined to be eligible for regional center services but are not receiving services from a regional center.
5. Provides that the Office of the Developmental Services Ombudsperson shall enter into a memorandum of understanding (MOU) with the Office of the State Long-Term Care Ombudsman within the California Department of Aging to coordinate the provision of ombudsperson services for regional center clients residing in long-term care facilities.
6. Requires the director, in consultation with, and after receiving a list of possible nominees from, a committee of at least five interested individuals, and after obtaining the committee’s input, to appoint a Developmental Services Ombudsperson for a term of four years.
   1. Requires the director to select the committee members, the majority of whom must be representatives of advocacy organizations and consumers or family members.
   2. Allows the director to make the appointment if the committee does not provide input after 90 days. Specifies the 90 days begins after the director seeks input from the committee.
   3. Allows the director to reappoint the Developmental Services Ombudsperson for consecutive terms.
   4. Specifies processes for appointment of a successor.
7. Requires the Developmental Services Ombudsperson to be independent, and requires the exercise of the Developmental Services Ombudsperson’s discretion related to their duties and powers to not be controlled, supervised, or directed, directly or indirectly, by the director or any other official.
8. Requires the Developmental Services Ombudsperson, in consultation with DDS, to hire the necessary personnel to perform the functions of the Office of the Developmental Services Ombudsperson. Specifies all employees within the office must maintain expertise in the SDP, California Early Intervention Services Act, and Lanterman Act, and requires the office to maintain, at minimum, one person with significant expertise in the SDP.
9. Requires the Office of the Developmental Services Ombudsperson to do all of the following:
   1. Disseminate information and provide training and technical assistance. Commencing on January, 1, 2028, at the end of every two-year legislative session, review amendments to laws applicable to individuals served by a regional center and recommend any updates to materials published by DDS. Requires DDS, if workload capacity allows using existing resources, to update those document to the best of its ability.
   2. Receive complaints made by or on behalf of individuals served by a regional center, related to their care, placement, or services.
   3. Decide, in its discretion, whether to investigate a complaint, or refer complaints to another agency for investigation. Attempt to resolve complaints under investigation without using a judicial or administrative proceeding. Follow processes related to notification of complaint investigation.
   4. Compile and make available specified data to the Legislature. The office shall include recommendations consistent with this data for improving the developmental services system. Authorizes the Office of the Developmental Services Ombudsperson to present these data on an annual basis at appropriate events, as specified.
   5. Have access to copies of any record of a state agency, local agency, or regional center, and contractors or vendors with the state agency, local agencies, and regional centers that is necessary to carry out their responsibilities, and may meet or communicate with any consumer in their placement or elsewhere.
10. Specifies that information obtained by the Office of the Developmental Services Ombudsperson from a complaint, regardless of whether it is investigated by the office, referred to another entity for investigation, or determined not to be the proper subject of an investigation, shall remain confidential under relevant state and federal confidentiality laws.
11. Authorizes the ombudsperson to take certain actions as part of the Office of the Developmental Services Ombudsperson’s efforts to resolve complaints, including, but not limited to, the following:
    1. Establish policies and procedures for receiving and processing complaints, conducting investigations, and reporting findings.
    2. Develop and maintain a page on the department’s internet website with information about the office, how to access the office, and links to relevant materials.
    3. Conduct whatever investigation reasonably related to the complaint and to developmental services that the ombudsperson deems necessary, as specified.
    4. Attempt to resolve complaints.
    5. Submit a written plan, as specified, to the relevant state agency, local agency, or regional center, or a contractor or vendor with the state agency, local agency, or regional center, recommending a course of action to resolve the complaint.
    6. Periodically convene a focus group to advise the Office in the performance of its duties.
    7. Recommend to DDS any changes to laws, regulations, policies, or communications.
12. States the Developmental Services Ombudsperson and staff of the ombudsperson shall not be compelled to testify, and records of the Office of the Developmental Services Ombudsperson shall not be subject to disclosure in a judicial or administrative proceeding, except as may be necessary, as specified.
13. Requires the Office of the Developmental Services Ombudsperson to establish a toll-free number. Requires regional center case managers to provide consumers, and, if appropriate, their parents, legal guardians, conservator or authorized representative, with the toll-free telephone number for the office and verbal or written information regarding the existence and purpose of the office during the annual individualized program plan or individual family service plan meetings.
14. Repeals statutory language establishing the Office of the SDP Ombudsperson.
15. Finds and declares that this bill imposes a limitation on the public’s right of access to the meetings of public bodies or writing of public officials and agencies, and that this is necessary to maintain the confidentiality of individuals served by a regional center.
16. Provides that this act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect.

Background

Purpose of this bill. According to the author, “To effectively serve DDS consumers, the Developmental Services Ombudsperson requires statutory authority to access records, negotiate settlements, and connect with key individuals and information. SB 471 will provide the ombudsperson with this authority to help clarify and empower the Ombudspersons’ duties in serving DDS consumers. It is time for us to do better by the IDD community, bring parity to the Developmental Services Ombudsperson, and provide the same statutory authority that exists for other Department Ombudspersons.”

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; such disabilities include, among others: epilepsy, autism spectrum disorder, intellectual disability, and cerebral palsy. The Department of Finance estimates that approximately 465,165 individuals will receive developmental services in 2024–25, increasing to 504,905 in 2025–26.

Office of the SDP Ombudsperson. The Office of the SDP Ombudsperson was established in the 2021 Budget Act and the office opened in October 2021. The SDP Ombudsperson has the following rights and duties: assisting regional center consumers and their families in understanding their rights under the SDP; deciding whether to investigate complaints and recommending to DDS strategies for change and improvement of the SDP; annually reporting relevant data to the Legislature; and recommending changes to relevant laws, regulations, and policies to DDS and the Legislature.

DDS Office of the Ombudsperson. DDS already has an established Office of the Ombudsperson. According to a DDS Directive sent to regional center directors, the department received funding through the 2022 Budget Act to establish the office, which opened in December 2022. The DDS website states that the Ombudsperson assists regional center clients and their families to access their regional center services available under the Lanterman Act. According to the website, the Office of the Ombudsperson can: provide information to regional center clients and their families, facilitate resolution to disagreements and complaints, make recommendations, and compile and report data.

This bill would formally establish in statute the Office of the Ombudsperson as the Office of the Developmental Services Ombudsperson, which would serve all individuals served by a regional center. In addition to codifying the office, this bill would add protections for the office and consumers. Namely, this bill would:

• Grant the Developmental Services Ombudsperson access authority to obtain records from a state agency, local agency, or regional center, and a contractor or vendor of a state agency, local agency, or regional center.
• If the ombudsperson makes a written recommendation, require a state agency, local agency, or regional center, or a contractor or vendor of a state agency, local agency, or regional center to submit a written response to the Developmental Services Ombudsperson within 30 days.
• Grant the Office of the Developmental Services Ombudsperson confidentiality protection, including prohibiting the Developmental Services Ombudsperson and staff of the ombudsperson from being compelled to testify or be deposed in a judicial or administrative proceeding regarding matters related to their official duties, and exempting records of the Developmental Services Ombudsperson and staff of the ombudsperson from disclosure.

Comments

This bill seeks to strengthen protections for individuals served by a regional center by formally establishing an Office of the Developmental Services Ombudsperson. Formally establishing an Office of the Developmental Services Ombudsperson will expand the rights and responsibilities of the current Office of the Ombudsperson at DDS, including authority to obtain records, a confidentiality clause, and the requirement of a written response to be provided to the Developmental Services Ombudsperson within 30 days. This bill would take immediate effect if passed.

Related/Prior Legislation

AB 136 (Committee on Budget, Chapter 76, Statutes of 2021), a budget trailer bill, established the Office of the SDP Ombudsperson.

SB 933 (Thompson, Chapter 311, Statutes of 1998), a budget trailer bill, established the Office of the Foster Care Ombudsperson.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

According to the Assembly Appropriations Committee, “Estimated ongoing costs to DDS in the range of $700,000 to $1 million (General Funds, federal funds) annually to support the new Office created by this bill. This includes $550,000 to $850,000 (GF, federal funds) annually based on the current budget for the existing uncodified ombudsperson office (Lanterman Ombudsperson), now made permanent by this bill, as well as $159,000 ($127,000 General Fund, $32,000 federal funds) annually, for one permanent position to meet the additional workload created by this bill. New responsibilities include, among others things, developing and disseminating rights-related and other information, receiving, investigating, and resolving complaints, and making recommendations to DDS and the Legislature for improving the developmental services system. Codifying the Office creates an ongoing GF obligation.”

“DDS reports ongoing costs of $1.7 million (GF, federal funds) to support 11 positions in the operation of its two existing ombudsperson offices, including the office this bill proposes to codify. DDS could not provide an exact breakdown of funding between the two offices. This estimate attributes one-third to one-half of the $1.7 million to the existing Office.”

SUPPORT: (Verified 9/5/25)

Disability Voices United (Source)
Integrated Community Collaborative (Source)
The Arc and United Cerebral Palsy California Collaboration
University of California Student Association

OPPOSITION: (Verified 9/5/25)

None received

Prepared by: Diana Dominguez / HUMAN S. / (916) 651-1524

9/9/25 14:15:45

**** END ****

SENATE THIRD READING

STR Bill Id:SB 471

Author:(Menjivar)

As Amended Ver:September 04, 2025

2/3 vote

SUMMARY

Repeals the Office of the Self-Determination Program Ombusperson, and instead establishes the Office of the Developmental Services Ombudsperson (Office).

Major Provisions

1. Establishes the Office as an independent and autonomous entity within the Department of Developmental Services (DDS) led by an individual known as the Developmental Services Ombudsperson (Ombudsperson) to monitor the implementation of the ombudsperson program, including but not limited to, the following:
   1. The Self-Determination Program (SDP).
   2. The California Early Intervention Services Act.
   3. The Lanterman Developmental Disabilities Services Act.
2. Establishes a process for selection of the Ombudsperson.
3. Requires the Ombudsperson to do the following:
   1. Be independent, and the exercise of their discretion related to the duties and powers set forth in these provisions are prohibited from being controlled, supervised, or directed, directly or indirectly, by the DDS Director or any other official;
   2. Devote their entire time to the duties and powers set forth in these provisions and may not be removed from the Office for exercising their independence and discretion in furtherance of those duties and powers; and,
   3. In consultation with DDS, hire the necessary personnel to perform the functions of the Office, including, at minimum, one staff member who has significant expertise on the SDP. Requires the Ombudsperson to hire individuals with lived experience with the developmental services system, including, but not limited to, individuals with developmental disabilities.
4. Permits the incumbent Ombudsperson to continue in office until a successor is appointed, if the term of an Ombudsperson expires without the appointment of a successor.
5. Requires the DDS Director to designate an acting Ombudsperson, if the Ombudsperson dies, resigns, becomes ineligible to serve, or is removed or suspended from office. Further requires the DDS Director to appoint a new Ombudsperson within the nine months from the date the Office became vacant, and prohibits the acting Ombudsperson from remaining in office longer than nine months before a new Ombudsperson is appointed.
6. Establishes the Office′s responsibility to do the following:
   1. Disseminate information, provide training, information, and technical assistance to individuals served by a regional center, family members, regional center staff, tribes, advocacy groups, service provider organizations, and other interested parties on the rights of persons with developmental disabilities and services provided by the Office:
      1. Requires information to include methods of contacting the Office and notification that conversations with the Office may be disclosed to other persons, as necessary, to adequately investigate and resolve a complaint; and,
      2. Requires the information and training to include information about the rights of persons with developmental disabilities, as specified.
   2. Receive complaints made by or on behalf of individuals served by a regional center related to their care, placement, or services;
   3. Decide whether to investigate a complaint or refer the complaint to another agency for investigation. If there is a decision to investigate a complaint, attempt to resolve the complaint without using a judicial or administrative proceeding, including attempting to facilitate solutions to disagreements about eligibility and services;
   4. Notify the complainant, if they decide to investigate a complaint of the decision to investigate, updating the complainant on the progress of their efforts and the final outcome, and attempting to resolve the complaint without using a judicial or administrative proceeding;
   5. Commencing on January 1, 2028, and at the end of each legislative session, review amendments to the laws applicable to individuals served by a regional center and recommend to the department any updates to materials published by the department. Requires DDS, if workload capacity allows, using existing resources, to update those documents to the best of its ability after receiving recommendations from the Ombudsperson.
   6. Compile and make available data in quarterly legislative updates, as specified.
   7. Have access to copies of any record of a state agency, local agency, or regional center, and contractors or vendors with the state agency, local agencies, and regional centers that is necessary to carry out their responsibilities, and may meet or communicate with an individual served by a regional center in their placement or elsewhere.
7. Permits the Office to present the data compiled on an annual basis at appropriate conferences, forums, and other events, as determined by the Ombudsperson, that may include presentations to, but are not limited to, representatives of the Legislature, the Association of Regional Center Agencies, the State Council on Developmental Disabilities, tribes, developmental services organizations, advocacy groups, consumer and service provider organizations, and other interested parties.
8. Establishes confidentiality and notification processes for the Office.
9. Permits the Ombudsperson, as part of the Office′s efforts to resolve complaints related to the developmental services system, to do all of the following:
   1. Establish policies and procedures for receiving and processing complaints, conducting investigations, and developing findings;
   2. Develop and maintain a page on DDS′s website with information about the new office, information about how to access the office, including an online portal to submit questions and complaints, and additional information;
   3. Conduct whatever investigation reasonably related to a complaint and to developmental services that the Ombudsperson deems necessary, including access to, and inspection of, specified premises and facilities, at any time, with or without notice for the purpose of carrying out the duties of the office; and requires that they shall be granted access to records and individuals served by a regional center at all times for the purpose of carrying out the duties of the office.
      1. Defines ″access″ as the right to do all of the following:
         1. Enter any licensed or approved developmental services residential facility, upon providing identification; A private home may be entered only with consent of the consumer individual served by a regional center or their legal representative;
         2. Communicate privately and without restriction with any resident, individual served by a regional center, caregiver, staff, personnel, or volunteer;
         3. Review and copy any consumer record of an individual served by a regional center or caregiver file;
         4. Observe all resident and staff areas of a facility;
         5. Review and reproduce administrative records, policies, and documents of any licensed or approved developmental services care facility;
         6. Review and copy all licensing records maintained by the state, county, or agency, and review and reproduce any records of a state, county, or local agency and their contractors, except sealed court records, which may be obtained only by subpoena or other lawful court order;
         7. Interview all relevant witnesses.
         8. Attempt to resolve the complaint;
         9. Submit a written plan to the relevant state agency, local agency, or regional center, or a contractor or vendor with the state agency, local agency, or regional center, recommending a course of action to resolve the complaint. If the Ombudsperson makes a written recommendation, the state agency, regional center, or vendor or contractor shall submit a written response to the Ombudsperson within 30 calendar days;
         10. Periodically convene a focus group to advise the Office in the performance of its duties described in this chapter. The focus group shall include, but not be limited to, consumers and families across different geographic regions of the state, representatives of diverse racial and ethnic backgrounds, ages, and disabilities, and representatives of regional centers, service providers, and advocacy and community-based organizations; and,
         11. Recommend to DDS any changes to laws, regulations, policies, or communications, including, but not limited to, forms and other actions.
10. Provides all of the following in order to encourage candor during the Ombudsperson′s investigation of complaints made by, or on behalf of, an individual served by a regional center and to facilitate the Ombudsperson′s ability to resolve complaints:
    1. The Ombudsperson and their staff shall not be compelled to testify or be deposed in a judicial or administrative proceeding regarding matters coming to their attention in the exercise of their official duties, except as may be necessary to enforce or implement these provisions.
    2. The records of the Ombudsperson and their staff, including notes, drafts, and records obtained from an individual agency during the intake, review, or investigation of a complaint, and any reports not released to the public shall not be subject to disclosure or production in response to a subpoena or discovery in a judicial or administrative proceeding, except as necessary to enforce or implement the provisions of the bill.
    3. When exercising the investigative, complaint resolution, and technical assistance functions of the Office, the Ombudsperson and their staff shall have all existing immunities available to government employees, as specified.
    4. If the Ombudsperson believes, based on information received during the exercise of their official duties, that there is a breach of misconduct by an employee of a state agency, local agency, regional center, or their contractors or vendors, in the conduct of the employee′s official duties, the Ombudsperson shall refer the matter to the regional center or vendor′s director, or other responsible officer, and if the conduct would constitute a crime, to the appropriate law enforcement body or agency.
11. Requires the Ombudsperson to establish a toll-free number, and requires regional center case managers to provide consumers, and, where appropriate, their parents, legal guardians, conservators, or authorized legal representatives with the toll-free number during annual individualized program plan or individual family service plan meetings.
12. Takes effect immediately.

COMMENTS

Please see the policy committee analysis for full discussion of this bill.

According to the Author

″We learned early last year through a Los Angeles Times article that adults with autism were facing abuse at an LA group home. The alleged perpetrator in the case had previously worked for a group home where he allegedly committed misdemeanor battery and, as a result, was banned from working there. However, the case was said to be resolved out of court, and the alleged perpetrator was able to continue working with the same population, just at another group home. The shuffling of the perpetrator to other group homes without any recourse for the DDS client and the families is unacceptable and common due to the lack of accountability.

″Unfortunately, this case is not an isolated incident and is a devastating result of the gaps in protecting DDS consumers. Upon exploring solutions to this issue, we discovered that the current Ombudsperson′s office has limitations in assisting DDS consumers and their families with inquiries, complaints, or grievances in a fair and neutral manner.

″To effectively serve DDS consumers, the Developmental Services Ombudsperson requires statutory authority to access records, negotiate settlements, and connect with key individuals and information. [This bill] will provide the ombudsperson with this authority to help clarify and empower the Ombudspersons′ duties in serving DDS consumers. It is time for us to do better by the IDD community, bring parity to the Developmental Services ombudsperson, and provide the same statutory authority that exists for other Department Ombudspersons, such as the Department of Social Services Office of the Foster Care Ombudsperson and the Department of Aging Office of the Long Term Care Ombudsperson.″

Arguments in Support

Co-sponsor Disability Voices United (DVU), a statewide organization directed by and for people with developmental disabilities and their families, writes as follows to conclude why the bill is important and necessary, ″Individuals with developmental disabilities and their families throughout California continue to struggle to access critical services and supports and will greatly benefit from the assistance of an empowered, independent Ombudsperson for the entire DDS system. DVU strongly supports [this bill] and thanks you for your leadership to ensure DDS consumers have the ability to have a fair and autonomous body to help support their concerns, complaints, or grievances.″

Arguments in Opposition

No opposition on file.

FISCAL COMMENTS

According to the Assembly Committee on Appropriations on August 29, 2025, DDS reports ongoing costs of $1.7 million (GF, federal funds) to support 11 positions in the operation of its two existing ombudsperson offices, which this bill combines. One of these offices, the Lanterman Ombudsperson, is currently uncodified but is funded annually in the state budget. Codifying this office creates a new ongoing GF obligation of approximately $700,000 (of the $1.7 million).

VOTES

SENATE FLOOR: 39-0-1

YES: Allen, Alvarado-Gil, Archuleta, Arreguín, Ashby, Becker, Blakespear, Cabaldon, Caballero, Cervantes, Choi, Cortese, Dahle, Durazo, Gonzalez, Grayson, Grove, Hurtado, Jones, Laird, Limón, McGuire, McNerney, Menjivar, Niello, Ochoa Bogh, Padilla, Pérez, Richardson, Rubio, Seyarto, Smallwood-Cuevas, Stern, Strickland, Umberg, Valladares, Wahab, Weber Pierson, Wiener

ABS, ABST OR NV: Reyes

ASM HUMAN SERVICES: 7-0-0

YES: Lee, Castillo, Calderon, Elhawary, Jackson, Celeste Rodriguez, Tangipa

ASM JUDICIARY: 12-0-0

YES: Kalra, Dixon, Hart, Bryan, Connolly, Harabedian, Macedo, Pacheco, Papan, Sanchez, Stefani, Zbur

ASM APPROPRIATIONS: 11-0-4

YES: Wicks, Arambula, Calderon, Caloza, Elhawary, Fong, Mark González, Ahrens, Pacheco, Pellerin, Solache

ABS, ABST OR NV: Sanchez, Dixon, Ta, Tangipa

UPDATED

VERSION: September 04, 2025

CONSULTANT: Alexandria Smith / HUM. S. / (916) 319-2089 FN: 0001745

SENATE THIRD READING

STR Bill Id:SB 471

Author:(Menjivar)

As Amended Ver:September 2, 2025

2/3 vote

SUMMARY

Repeals the Office of the Self-Determination Program Ombusperson, and instead establishes the Office of the Developmental Services Ombudsperson (Office).

Major Provisions

1. Establishes the Office as an independent and autonomous entity within the Department of Developmental Services (DDS) led by an individual known as the Developmental Services Ombudsperson (Ombudsperson) to monitor the implementation of the ombudsperson program, including but not limited to, the following:
   1. The Self-Determination Program (SDP).
   2. The California Early Intervention Services Act.
   3. The Lanterman Developmental Disabilities Services Act.
2. Establishes a process for selection of the Ombudsperson.
3. Requires the Ombudsperson to do the following:
   1. Be independent, and the exercise of their discretion related to the duties and powers set forth in these provisions are prohibited from being controlled, supervised, or directed, directly or indirectly, by the DDS Director or any other official;
   2. Devote their entire time to the duties and powers set forth in these provisions and may not be removed from the Office for exercising their independence and discretion in furtherance of those duties and powers; and,
   3. In consultation with DDS, hire the necessary personnel to perform the functions of the Office, including, at minimum, one staff member who has significant expertise on the SDP. Requires the Ombudsperson to hire individuals with lived experience with the developmental services system, including, but not limited to, individuals with developmental disabilities.
4. Permits the incumbent Ombudsperson to continue in office until a successor is appointed, if the term of an Ombudsperson expires without the appointment of a successor.
5. Requires the DDS Director to designate an acting Ombudsperson, if the Ombudsperson dies, resigns, becomes ineligible to serve, or is removed or suspended from office. Further requires the DDS Director to appoint a new Ombudsperson within the nine months from the date the Office became vacant, and prohibits the acting Ombudsperson from remaining in office longer than nine months before a new Ombudsperson is appointed.
6. Establishes the Office′s responsibility to do the following:
   1. Disseminate information, provide training, information, and technical assistance to individuals served by a regional center, family members, regional center staff, tribes, advocacy groups, service provider organizations, and other interested parties on the rights of persons with developmental disabilities and services provided by the Office:
      1. Requires information to include methods of contacting the Office and notification that conversations with the Office may be disclosed to other persons, as necessary, to adequately investigate and resolve a complaint; and,
      2. Requires the information and training to include information about the rights of persons with developmental disabilities, as specified.
   2. Receive complaints made by or on behalf of individuals served by a regional center related to their care, placement, or services;
   3. Decide whether to investigate a complaint or refer the complaint to another agency for investigation. If there is a decision to investigate a complaint, attempt to resolve the complaint without using a judicial or administrative proceeding, including attempting to facilitate solutions to disagreements about eligibility and services;
   4. Notify the complainant, if they decide to investigate a complaint of the decision to investigate, updating the complainant on the progress of their efforts and the final outcome, and attempting to resolve the complaint without using a judicial or administrative proceeding;
   5. Commencing on January 1, 2028, and at the end of each legislative session, review amendments to the laws applicable to individuals served by a regional center and recommend to the department any updates to materials published by the department. Requires DDS, if workload capacity allows, using existing resources, to update those documents to the best of its ability after receiving recommendations from the Ombudsperson.
   6. Compile and make available data in quarterly legislative updates, as specified.
   7. Have access to copies of any record of a state agency, local agency, or regional center, and contractors or vendors with the state agency, local agencies, and regional centers that is necessary to carry out their responsibilities, and may meet or communicate with an individual served by a regional center in their placement or elsewhere.
7. Permits the Office to present the data compiled on an annual basis at appropriate conferences, forums, and other events, as determined by the Ombudsperson, that may include presentations to, but are not limited to, representatives of the Legislature, the Association of Regional Center Agencies, the State Council on Developmental Disabilities, tribes, developmental services organizations, advocacy groups, consumer and service provider organizations, and other interested parties.
8. Establishes confidentiality and notification processes for the Office.
9. Permits the Ombudsperson, as part of the Office′s efforts to resolve complaints related to the developmental services system, to do all of the following:
   1. Establish policies and procedures for receiving and processing complaints, conducting investigations, and developing findings;
   2. Develop and maintain a page on DDS′s website with information about the new office, information about how to access the office, including an online portal to submit questions and complaints, and additional information;
   3. Conduct whatever investigation reasonably related to a complaint and to developmental services that the Ombudsperson deems necessary, including access to, and inspection of, specified premises and facilities, at any time, with or without notice for the purpose of carrying out the duties of the office; and requires that they shall be granted access to records and individuals served by a regional center at all times for the purpose of carrying out the duties of the office.
      1. Defines ″access″ as the right to do all of the following:
         1. Enter any licensed or approved developmental services residential facility, upon providing identification; A private home may be entered only with consent of the consumer individual served by a regional center or their legal representative;
         2. Communicate privately and without restriction with any resident, individual served by a regional center, caregiver, staff, personnel, or volunteer;
         3. Review and copy any consumer record of an individual served by a regional center or caregiver file;
         4. Observe all resident and staff areas of a facility;
         5. Review and reproduce administrative records, policies, and documents of any licensed or approved developmental services care facility;
         6. Review and copy all licensing records maintained by the state, county, or agency, and review and reproduce any records of a state, county, or local agency and their contractors, except sealed court records, which may be obtained only by subpoena or other lawful court order;
         7. Interview all relevant witnesses.
         8. Attempt to resolve the complaint;
         9. Submit a written plan to the relevant state agency, local agency, or regional center, or a contractor or vendor with the state agency, local agency, or regional center, recommending a course of action to resolve the complaint. If the Ombudsperson makes a written recommendation, the state agency, regional center, or vendor or contractor shall submit a written response to the Ombudsperson within 30 calendar days;
         10. Periodically convene a focus group to advise the Office in the performance of its duties described in this chapter. The focus group shall include, but not be limited to, consumers and families across different geographic regions of the state, representatives of diverse racial and ethnic backgrounds, ages, and disabilities, and representatives of regional centers, service providers, and advocacy and community-based organizations; and,
         11. Recommend to DDS any changes to laws, regulations, policies, or communications, including, but not limited to, forms and other actions.
10. Provides all of the following in order to encourage candor during the Ombudsperson′s investigation of complaints made by, or on behalf of, an individual served by a regional center and to facilitate the Ombudsperson′s ability to resolve complaints:
    1. The Ombudsperson and their staff shall not be compelled to testify or be deposed in a judicial or administrative proceeding regarding matters coming to their attention in the exercise of their official duties, except as may be necessary to enforce or implement these provisions.
    2. The records of the Ombudsperson and their staff, including notes, drafts, and records obtained from an individual agency during the intake, review, or investigation of a complaint, and any reports not released to the public shall not be subject to disclosure or production in response to a subpoena or discovery in a judicial or administrative proceeding, except as necessary to enforce or implement the provisions of the bill.
    3. When exercising the investigative, complaint resolution, and technical assistance functions of the Office, the Ombudsperson and their staff shall have all existing immunities available to government employees, as specified.
    4. If the Ombudsperson believes, based on information received during the exercise of their official duties, that there is a breach of misconduct by an employee of a state agency, local agency, regional center, or their contractors or vendors, in the conduct of the employee′s official duties, the Ombudsperson shall refer the matter to the regional center or vendor′s director, or other responsible officer, and if the conduct would constitute a crime, to the appropriate law enforcement body or agency.
11. Requires the Ombudsperson to establish a toll-free number, and requires regional center case managers to provide consumers, and, where appropriate, their parents, legal guardians, conservators, or authorized legal representatives with the toll-free number during annual individualized program plan or individual family service plan meetings.

COMMENTS

Please see the policy committee analysis for full discussion of this bill.

According to the Author

″We learned early last year through a Los Angeles Times article that adults with autism were facing abuse at an LA group home. The alleged perpetrator in the case had previously worked for a group home where he allegedly committed misdemeanor battery and, as a result, was banned from working there. However, the case was said to be resolved out of court, and the alleged perpetrator was able to continue working with the same population, just at another group home. The shuffling of the perpetrator to other group homes without any recourse for the DDS client and the families is unacceptable and common due to the lack of accountability.

″Unfortunately, this case is not an isolated incident and is a devastating result of the gaps in protecting DDS consumers. Upon exploring solutions to this issue, we discovered that the current Ombudsperson′s office has limitations in assisting DDS consumers and their families with inquiries, complaints, or grievances in a fair and neutral manner.

″To effectively serve DDS consumers, the Developmental Services Ombudsperson requires statutory authority to access records, negotiate settlements, and connect with key individuals and information. [This bill] will provide the ombudsperson with this authority to help clarify and empower the Ombudspersons′ duties in serving DDS consumers. It is time for us to do better by the IDD community, bring parity to the Developmental Services ombudsperson, and provide the same statutory authority that exists for other Department Ombudspersons, such as the Department of Social Services Office of the Foster Care Ombudsperson and the Department of Aging Office of the Long Term Care Ombudsperson.″

Arguments in Support

Co-sponsor Disability Voices United (DVU), a statewide organization directed by and for people with developmental disabilities and their families, writes as follows to conclude why the bill is important and necessary, ″Individuals with developmental disabilities and their families throughout California continue to struggle to access critical services and supports and will greatly benefit from the assistance of an empowered, independent Ombudsperson for the entire DDS system. DVU strongly supports [this bill] and thanks you for your leadership to ensure DDS consumers have the ability to have a fair and autonomous body to help support their concerns, complaints, or grievances.″

Arguments in Opposition

No opposition on file.

FISCAL COMMENTS

According to the Assembly Committee on Appropriations on August 29, 2025, DDS reports ongoing costs of $1.7 million (GF, federal funds) to support 11 positions in the operation of its two existing ombudsperson offices, which this bill combines. One of these offices, the Lanterman Ombudsperson, is currently uncodified but is funded annually in the state budget. Codifying this office creates a new ongoing GF obligation of approximately $700,000 (of the $1.7 million).

VOTES

SENATE FLOOR: 39-0-1

YES: Allen, Alvarado-Gil, Archuleta, Arreguín, Ashby, Becker, Blakespear, Cabaldon, Caballero, Cervantes, Choi, Cortese, Dahle, Durazo, Gonzalez, Grayson, Grove, Hurtado, Jones, Laird, Limón, McGuire, McNerney, Menjivar, Niello, Ochoa Bogh, Padilla, Pérez, Richardson, Rubio, Seyarto, Smallwood-Cuevas, Stern, Strickland, Umberg, Valladares, Wahab, Weber Pierson, Wiener

ABS, ABST OR NV: Reyes

ASM HUMAN SERVICES: 7-0-0

YES: Lee, Castillo, Calderon, Elhawary, Jackson, Celeste Rodriguez, Tangipa

ASM JUDICIARY: 12-0-0

YES: Kalra, Dixon, Hart, Bryan, Connolly, Harabedian, Macedo, Pacheco, Papan, Sanchez, Stefani, Zbur

ASM APPROPRIATIONS: 11-0-4

YES: Wicks, Arambula, Calderon, Caloza, Elhawary, Fong, Mark González, Ahrens, Pacheco, Pellerin, Solache

ABS, ABST OR NV: Sanchez, Dixon, Ta, Tangipa

UPDATED

VERSION: September 2, 2025

CONSULTANT: Alexandria Smith / HUM. S. / (916) 319-2089 FN: 0001489

Date of Hearing: August 20, 2025

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Buffy Wicks, Chair

SBPCA Bill Id:SB 471

Author:(Menjivar) – As Amended Ver:July 10, 2025

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

SUMMARY:

This bill establishes the Office of the Developmental Services Ombudsperson (Office) within the Department of Developmental Services (DDS) to provide individuals with intellectual and developmental disabilities who receive regional center services a means to resolve issues related to their care, placement, or services, as specified.

The bill prohibits the Ombudsperson or their staff from being compelled to testify or be deposed, or to disclose specified records, in a judicial or administrative proceeding.

Among other provisions, this bill:

1. Establishes the Office as an independent and autonomous entity within DDS, led by a Developmental Services Ombudsperson (Ombudsperson) to monitor the implementation of specified services for individuals served by a regional center. These services include, but are not limited to (a) the Self-Determination Program (SDP) and (b) the California Early Intervention Services Act, as it pertains to early intervention services, receiving and resolving complaints, conducting investigations, suggesting changes, and resolving various issues, as specified.
2. Provides the Ombudsperson selection process, establishes the Ombudsperson’s role and responsibilities, and sets forth the duties of the Office, which include, among other things, developing, disseminating, and updating information, providing training and technical assistance, and receiving and possibly investigating complaints made by or on behalf of individuals who receive regional center services.
3. Authorizes the Ombudsperson to, among other things, establish policies and procedures for receiving and processing complaints, conducting investigations, and developing findings; conduct whatever investigation the Ombudsperson deems necessary; attempt to resolve the complaint; and recommend to DDS any changes to laws, regulations, policies, or communications, as specified.
4. Prohibits the ombudsperson or their staff from being compelled to testify or be deposed, or to disclose specified records, in a judicial or administrative proceeding, and provides the Ombudsperson and their staff all existing immunities available to government employees, as specified.
5. Requires, if the Ombudsperson believes there is a breach of duty or misconduct by an employee, as specified, the Ombudsperson refer the matter to the regional center or vendor’s director, or other responsible officer, and if the conduct would constitute a crime, to the appropriate law enforcement body or agency.
6. Requires the Ombudsperson to establish a toll-free number, and requires regional center case managers to provide consumers and specified others with the toll-free number during annual individualized program plan or individual family service plan meetings.

FISCAL EFFECT:

Estimated ongoing costs to DDS in the range of $700,000 to $1 million (General Funds, federal funds) annually to support the new Office created by this bill. This includes $550,000 to $850,000 (GF, federal funds) annually based on the current budget for the existing uncodified ombudsperson office (Lanterman Ombudsperson), now made permanent by this bill, as well as $159,000 ($127,000 General Fund, $32,000 federal funds) annually, for one permanent position to meet the additional workload created by this bill. New responsibilities include, among others things, developing and disseminating rights-related and other information, receiving, investigating, and resolving complaints, and making recommendations to DDS and the Legislature for improving the developmental services system. Codifying the Office creates an ongoing GF obligation.

DDS reports ongoing costs of $1.7 million (GF, federal funds) to support 11 positions in the operation of its two existing ombudsperson offices, including the office this bill proposes to codify. DDS could not provide an exact breakdown of funding between the two offices. This estimate attributes one-third to one-half of the $1.7 million to the existing Office.

COMMENTS:

1. Purpose. According to the author:

To effectively serve DDS consumers, the Developmental Services Ombudsperson requires statutory authority to access records, negotiate settlements, and connect with key individuals and information. [This bill] will provide the ombudsperson with this authority to help clarify and empower the Ombudspersons' duties in serving DDS consumers. It is time for us to do better by the IDD community, bring parity to the Developmental Services ombudsperson, and provide the same statutory authority that exists for other Department Ombudspersons, such as the Department of Social Services Office of the Foster Care Ombudsperson and the Department of Aging Office of the Long Term Care Ombudsperson.

1. Background. Ombudsperson Offices. Existing law requires DDS to establish an Office of the SDP Ombudsperson. Existing law requires the office be an independent and autonomous entity within DDS and prescribes duties and rights of the office, including recommending to the department strategies for change and improvement of the program. Opened in 2021, the Office of the SDP Ombudsperson, implements the SDP and focuses on assisting regional center consumers and their families to fully participate in the SDP.

The Office of the Foster Care Ombudsperson within the Department of Social Services and the Office of the State Long Term Care Ombudsperson within the Department of Aging similarly operate as autonomous statutory entities.

While not statutorily required, DDS has additionally established the Office of the Ombudsperson (Lanterman Ombudsperson) to assist regional center clients and their families to access regional center services available under the Lanterman Act. While an independent entity and intended to operate outside of DDS direction, this existing office has no statutory or regulatory framework and only limited authority to access records and information, negotiate settlements, and investigate complaints. Advocates assert the lack of statutory authority is limiting and hinders the effectiveness of the office.

Modeled on existing law establishing the Office of the SDP Ombudsperson and the Office of the Foster Care Ombudsperson, this bill codifies and expands the duties and authority of the existing DDS Office of the Ombudsperson, creating instead the Office of the Developmental Services Ombudsperson as an independent and autonomous entity within DDS.

Records Access and Immunity. This bill prohibits the newly established ombudsperson or their staff from being compelled to testify or be deposed, or to disclose specified records, in a judicial or administrative proceeding. This language is consistent with immunity granted to ombudsperson offices in the human services field and is virtually identical to the statutory language regarding the Office of the Foster Care Ombudsperson.

The California Constitution provides for the Right to Truth-In-Evidence, which requires a two-thirds vote of the Legislature to exclude any relevant evidence from any criminal proceeding, as specified. Because the prohibition in this bill affects the admissibility of relevant evidence in criminal proceedings, this bill requires a two-thirds vote of the Legislature.

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

Date of Hearing: July 1, 2025

ASSEMBLY COMMITTEE ON HUMAN SERVICES

Alex Lee, Chair

SBPCA Bill Id:SB 471

Author:(Menjivar) – As Amended Ver:June 24, 2025

SENATE VOTE: 39-0

SUBJECT: Office of the Developmental Services Ombudsperson

SUMMARY: Establishes the Office of the Developmental Services Ombudsperson (Office). Specifically, this bill:

1. Establishes the Office as an independent and autonomous entity within the Department of Developmental Services (DDS) led by an individual known as the Developmental Services Ombudsperson (Ombudsperson) to monitor the implementation of following:
   1. The Self-Determination Program (SDP); and,
   2. The California Early Intervention Services Act, as it pertains to early intervention services, receiving and resolving complaints, conducting investigations, suggesting changes, and resolving various issues, as specified.
2. Establishes an appointment process as follows:
   1. The DDS Director, after receiving a list of possible nominees, must consult on the appointment of the Ombudsperson with a committee of at least five members, selected by the DDS Director, the majority of whom are required to be representatives of advocacy organizations and consumers or family members; and,
   2. The DDS Director is to appoint an Ombudsperson, after obtaining the committee’s input, who is qualified by training and experience to perform the duties of the Office for a term of four years. Permits the DDS Director to reappoint the Ombudsperson for consecutive terms.
3. Establishes the Ombudsperson’s role and responsibilities as follows:
   1. Be independent, and the exercise of their discretion related to the duties and powers set forth in these provisions are prohibited from being controlled, supervised, or directed, directly or indirectly, by the DDS Director or any other official;
   2. Devote their entire time to the duties and powers set forth in these provisions and may not be removed from the Office for exercising their independence and discretion in furtherance of those duties and powers; and,
   3. In consultation with DDS, hire the necessary personnel to perform the functions of the Office, including one designated lead staff member who has expertise on the SDP. Requires the Ombudsperson to hire individuals with lived experience with the developmental services system, including, but not limited to, individuals with developmental disabilities.
4. Permits the incumbent Ombudsperson to continue in office until a successor is appointed, if the term of an Ombudsperson expires without the appointment of a successor.
5. Requires the DDS Director to designate an acting Ombudsperson, if the Ombudsperson dies, resigns, becomes ineligible to serve, or is removed or suspended from office. Further requires the DDS Director to appoint a new Ombudsperson within the nine months from the date the Office became vacant, and prohibits the acting Ombudsperson from remaining in office longer than nine months before a new Ombudsperson is appointed.
6. Establishes the Office’s responsibility to do the following:
   1. Disseminate information, provide training, information, and technical assistance to individuals served by a regional center, family members, regional center staff, tribes, advocacy groups, service provider organizations, and other interested parties on the rights of persons with developmental disabilities and services provided by the Office:
      1. Requires information to include methods of contacting the Office and notification that conversations with the Office may be disclosed to other persons, as necessary, to adequately investigate and resolve a complaint; and,
      2. Requires the information and training to include information about the rights of persons with developmental disabilities, as specified.
   2. Receive complaints made by or on behalf of individuals served by a regional center related to their care, placement, or services;
   3. Decide whether to investigate a complaint or refer the complaint to another agency for investigation. If there is a decision to investigate a complaint, attempt to resolve the complaint without using a judicial or administrative proceeding, including attempting to facilitate solutions to disagreements about eligibility and services;
   4. Notify the complainant, if they decide to investigate a complaint of the decision to investigate, updating the complainant on the progress of their efforts and the final outcome, and attempting to resolve the complaint without using a judicial or administrative proceeding;
   5. Commencing on January 1, 2028, and at the end of each legislative session, review amendments to the laws applicable to individuals served by a regional center and determine whether updates to the rights should be recommended. Requires the Office to update the standardized information and any training materials. Requires DDS to maintain updated information on the standard information packet.
   6. Compile and make available data in quarterly legislative updates:
      1. Requires data to include: the number of contacts to the Office, the number of contacts specific to SDP, the number of complaints made and the modality of the submission of those complaints, the number of investigations performed by the Office, the trends and issues that arose in the course of resolving complaints, the number of referrals made, and the number of unresolved contacts;
      2. Present the compiled data on an annual basis, at appropriate conferences, forums, and other events, as determined by DDS, that may include presentations to, but are not limited to, representatives of the Legislature, the Association of Regional Center Agencies, the State Council on Developmental Disabilities, tribes, developmental services organizations, advocacy groups, consumer and service provider organizations, and other interested parties. States that the intent of the Legislature is for these organizations to consider this data in the development of any recommendations offered toward improving the developmental services system; and,
      3. Post the de-identified compiled data on the Office’s website and specify that nothing precludes the Office from issuing data, findings, or reports other than the annual compilation of data.
   7. Have access to copies of any record of a state agency, local agency, or regional center, and contractors or vendors with the state agency, local agencies, and regional centers that is necessary to carry out their responsibilities, and may meet or communicate with an individual served by a regional center in their placement or elsewhere.
7. Establishes confidentiality and notification processes for the Office as follows:
8. Provides that information obtained by the Office from a complaint, regardless of whether it is investigated by the Office, referred to another entity for investigation, or determined not to be the proper subject of an investigation, shall remain confidential under relevant state and federal confidentiality laws; and that disclosure of information that is not confidential under state and federal confidentiality laws shall occur only as necessary to carry out the mission of the Office, including as necessary to provide explanation and support for the Office’s recommendations for improving the developmental services system to the Legislature and state and local agencies that provide services and supports to regional center consumers;
9. Requires the Ombudsperson to maintain confidentiality with respect to the identities of the complainants or witnesses coming before them, except as necessary to enable them to fulfill their investigative duties; however, they may not disclose a record that is confidential under relevant state and federal confidentiality laws; and,
10. Permits the Office, if a consumer is represented by a conservator, legal guardian, or counsel, to notify the conservator, legal guardian, or counsel of a complaint in order for those entities to satisfy their obligations. Specifies that notifying these entities of an investigation shall not limit the Ombudsperson’s ability to investigate or resolve a complaint or take action, and if appropriate, the Office may share the outcome of an investigation with the consumer’s conservator, legal guardian, or counsel.
11. Requires the Office, in consultation with the Association of Regional Center Agencies, the State Council on Developmental Disabilities, tribes located in the state, consumer advocates, provider organizations, and other interested parties, to update the standardized information explaining the rights as specified in existing law. Requires the information to be developed in an accessible manner, and to reflect any relevant licensing requirements with respect to providers’ responsibilities to provide care for consumers of developmental services adequately;
    1. Requires the Office, regional centers, service providers, vendors, and others to use the information developed in 6) a) above, in carrying out their responsibilities to inform consumers, or if appropriate, their parents, legal guardians, conservator, or authorized representative, of their rights; and,
    2. Requires the Office to measure the distribution of the standardized materials for purposes of evaluating and improving the degree to which consumers of developmental services are adequately informed of their rights. Requires this data to be included in the compilation prepared.
12. Permits the Ombudsperson, as part of the Office’s efforts to resolve complaints related to the developmental services system, to do all of the following:
    1. Establish policies and procedures for receiving and processing complaints, conducting investigations, and developing findings;
    2. Develop and maintain a page on DDS’s website with information about the new office, information about how to access the office, including an online portal to submit questions and complaints, and additional information;
    3. Conduct whatever investigation reasonably related to a complaint and to developmental services that the Ombudsperson deems necessary, including (1) accessing and inspecting specified premises and facilities, with or without notice; and (2) observing proceedings and attending hearings;
       1. Defines access as:
          1. Enter any licensed or approved developmental services residential facility, upon providing identification; A private home may be entered only with consent of the consumer individual served by a regional center or their legal representative;
          2. Communicate privately and without restriction with any resident, individual served by a regional center, caregiver, staff, personnel, or volunteer;
          3. Review and copy any consumer record of an individual served by a regional center or caregiver file;
          4. Observe all resident and staff areas of a facility;
          5. Review and reproduce administrative records, policies, and documents of any licensed or approved developmental services care facility;
          6. Review and copy all licensing records maintained by the state, county, or agency, and review and reproduce any records of a state, county, or local agency and their contractors, except sealed court records, which may be obtained only by subpoena or other lawful court order; and,
          7. Interview all relevant witnesses.
       2. Defines record as a document, paper, memorandum, book, letter, file, drawing, map, plat, photo, photographic file, motion picture, film, microfilm, microphotograph, exhibit, magnetic or paper tape, punched card, or other item developed or received under law or in connection with the transaction of official business, but does not include material that is protected by privilege.
    4. Attempt to resolve the complaint;
    5. Submit a written plan to the relevant state agency, local agency, or regional center, or a contractor or vendor with the state agency, local agency, or regional center, recommending a course of action to resolve the complaint. If the Ombudsperson makes a written recommendation, the state agency, regional center, or vendor or contractor shall submit a written response to the Ombudsperson within 30 calendar days;
    6. Periodically convene a focus group to advise the Office in the performance of its duties described in this chapter. The focus group shall include, but not be limited to, consumers and families across different geographic regions of the state, representatives of diverse racial and ethnic backgrounds, ages, and disabilities, and representatives of regional centers, service providers, and advocacy and community-based organizations; and,
    7. Recommend to DDS any changes to laws, regulations, policies, or communications, including, but not limited to, forms and other actions.
13. Provides that, in order to encourage candor during the Ombudsperson’s investigation of complaints made by or on behalf of an individual served by a regional center and to facilitate the Ombudsperson’s ability to resolve complaints, all of the following applies:
    1. The Ombudsperson and their staff shall not be compelled to testify or be deposed in a judicial or administrative proceeding regarding matters coming to their attention in the exercise of their official duties, except as may be necessary to enforce or implement these provisions;
    2. The records of the Ombudsperson and their staff, including notes, drafts, and records obtained from an individual agency during the intake, review, or investigation of a complaint, and any reports not released to the public shall not be subject to disclosure or production in response to a subpoena or discovery in a judicial or administrative proceeding, except as necessary to enforce or implement these provisions;
    3. When exercising the investigative, complaint resolution, and technical assistance functions of the Office, the Ombudsperson and their staff shall have all existing immunities available to government employees, as specified; and,
    4. If the Ombudsperson believes, based on information received during the exercise of their official duties, that there is a breach of misconduct by an employee of a state agency, local agency, regional center, or their contractors or vendors, in the conduct of the employee’s official duties, the Ombudsperson shall refer the matter to the regional center or vendor’s director, or other responsible officer, and if the conduct would constitute a crime, to the appropriate law enforcement body or agency.
14. Requires the Ombudsperson to establish a toll-free number, and requires regional center case managers to provide consumers, and, where appropriate, their parents, legal guardians, conservators, or authorized legal representatives with the toll-free number during annual individualized program plan or individual family service plan meetings.
15. Specifies that “individuals served by a regional center” includes:
    1. Individuals who receive services through a regional center under statutes related to services for the developmentally disabled, including individuals who are in the intake process, are pending assessment, or have reached out to regional centers for information about eligibility;
    2. Individuals who are participating in the early start program, including individuals who are in the intake process, pending assessment, or have reached out to regional centers for information about eligibility; and,
    3. Individuals who are determined to be eligible for regional center services under statutes related to services for the developmentally disabled, but are not receiving services from a regional center.

EXISTING LAW:

1. Establishes the Lanterman Developmental Disabilities Services Act (Lanterman Act), which recognizes California’s responsibility to provide services and supports to persons with developmental disabilities, and the right of those individuals to receive services and supports and to be empowered to make choices in all areas of life. (Welfare and Institutions Code [WIC] §§ 4500 et seq.)
2. Defines the following relevant terms:
   1. “Developmental disability” means a disability that originates before an individual attains 18 years of age, continues, or can be expected to continue, indefinitely, and constitutes a substantial disability; includes intellectual disability, cerebral palsy, epilepsy, and autism, and disabling conditions found to be closely related to intellectual disability or to require treatment similar to that required for individuals with an intellectual disability, but does not include handicapping conditions that are solely physical in nature. A child under five years of age can provisionally qualify for services if certain conditions are met;
   2. “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 an independent, productive life; supports and services are determined on an individual basis as dictated by the consumer’s needs, as specified, and,
   3. “Consumer” means a person who has a disability that meets the definition of developmental disability. (WIC § 4512.)
3. Establishes a system of nonprofit regional centers, overseen by DDS, to provide fixed points of contract in the community for all persons with developmental disabilities and their families, to coordinate services and supports best suited to them throughout their lifetime. (WIC § 4620)
4. Provides that the state shall fulfill its obligations under the Lanterman Act by establishing a network of fixed points of contact, known as “regional centers,” to work with persons with developmental disabilities and their families to obtain services and supports. The regional centers may also contract with vendors to provide services and supports. (WIC§§ 4620-4669.8.)
5. Provides that all information and records obtained in the course of providing intake, assessment, and services under the Lanterman Act to persons with developmental disabilities are confidential, and that information and records may be disclosed only in specified cases, including:
   1. In communication between qualified professional persons in the provision of intake, assessment, and services or appropriate referrals; informed consent of a person with a developmental disability or the person’s guardian or conservator must be obtained before information or records may be disclosed 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;
   2. With the informed consent of a person with a developmental disability who has the capacity to give informed consent; or if the person is unable to give consent, with the written authorization of their legal representative (parent, guardian, conservator, etc.);
   3. 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 the person may be entitled;
   4. For research purposes, with the review and approval of DDS, provided that researchers sign confidentiality provisions and are aware of possible civil liability for disclosing confidential information;
   5. To the courts, as necessary to the administration of justice; and,
   6. To persons conducting specified investigations, such as when a facility or licensee is being investigated by a board or law enforcement. (WIC § 4514.)
6. Provides that any person may bring an action against an individual who willfully and knowingly released confidential information in violation of 5), for the greater of $500 or the amount of three times the actual damages sustained by the plaintiff, if any; and that any person may bring an action to enjoin the release of confidential information in violation of 5). (WIC § 4518.)
7. Establishes the Office of the Self-Determination Program Ombudsperson as an independent and autonomous entity within DDS, for the purpose of implementing the SDP and to assist regional center clients and SDP consumers and their families to participate fully in the SDP. (WIC §§ 4685.8, 4685.9.)
8. Establishes the Persons with Disabilities Bill of Rights to include the 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, and a right to a prompt investigation of any alleged abuse against them. (WIC § 4502)

FISCAL EFFECT: According to the Senate Appropriations Committee on May 23, 2025, “Unknown ongoing costs, likely hundreds of thousands, for DDS for staffing resources for state operations (General Fund and federal funds).”

COMMENTS: This analysis only discusses policy issues germane to the jurisdiction of the Assembly Committee on Human Services.

Background: Inequitable Service Delivery for the Intellectually and Developmentally Disabled Population. In recent years, lawmakers and advocates have sounded the alarm to mitigate the disparities in services provided to individuals who are intellectually and developmentally disabled (I/DD). In 2016, the Legislature authorized the Service Access and Equity grant program through ABX2-1 (Thurmond), Chapter 3, Statutes of 2016, which allocated $11 million in ongoing General Fund resources for DDS to assist regional centers in reducing Purchase of Service disparities. In 2017, AB 107 (Committee on Budget), Chapter 18, Statutes of 2017, additionally allowed community-based organizations to receive Service Access and Equity grant funding. These grants funded projects such as community navigators and promotoras; multilingual parent education, training, and outreach; cultural competency trainings; person-centered planning within diverse communities; and bilingual pay differentials to support workforce capacity, among other projects.

Unfortunately, the available data suggest relatively little movement in terms of reducing spending disparities since equity grants were first introduced. The Little Hoover Commission reported that they found inconsistencies in data reporting, technologies, vendorization processes, support for regional center governing boards, and availability of client support (A System in Distress: Caring for Californians with Developmental Disabilities, 2023). To address the lack of consistent and clear data, SB 138 (Committee on Budget and Fiscal Review), Chapter 192, Statutes of 2023, was enacted. SB 138 required common data definitions for race and ethnicity, preferred language, residence codes, sexual orientation, gender identity, and legal status, as well standardization for assessments, Individual Program Planning procedures, intake, and vendorization.

This bill would create a process where there is an independent person examining complaints to help rectify such inequities.

Master Plan for Developmental Services. The Governor’s 2024-25 budget proposed that DDS develop a Master Plan for Developmental Services with the intent to improve the experience of individuals and families receiving developmental services. Subsequently, the Secretary of California Health and Human Services (CalHHS) appointed members to the Master Plan for Developmental Services Committee (a committee created by CalHHS to develop the Master Plan). These members were assigned to one of five workgroups; each workgroup developed recommendations pursuant to a specific goal for the developmental services system. In announcing the creation of a Master Plan for Developmental Services, DDS cited the need to ensure that services are more equitable, consistent, and accessible by addressing inequities and geographic disparities and improving how individuals and their families navigate the developmental services system. There are 167 total recommendations in the Master Plan. The recommendations from the report fall under six topic areas:

• Systems Serving People with I/DD Are Centered in Equity;
  
• People with I/DD Making Their Own Life Choices;
  
• People with I/DD Getting Services They Need and Choose;
  
• People with I/DD Being Part of and Being Served by a Strong Workforce;
  
• Accountability and Transparency in All Systems That Serve People with I/DD; and,
  
• Informing the Future of the Developmental Services System.

Current DDS Ombudsperson Efforts. DDS currently houses both the Office of the SDP Ombudsperson and the Office of the Ombudsperson. Both are independent entities and are intended to operate outside of DDS’ direction.

The SDP Ombudsperson office opened in October 2021, as a result of AB 136 (Committee on Budget) Chapter 76, Statutes of 2021. It is an independent entity that helps individuals served by the regional center and their families fully participate in SDP by providing information and assistance, facilitating solutions to disagreements, compiling and reporting data to the Legislature, and recommending changes to DDS and the Legislature.

The Office of the Ombudsperson was established through the 2022 Budget Act and opened in December 2022 and is similarly an independent entity within DDS and helps individuals served by the regional center and their families and people applying to access the services under the Lanterman Act by also providing information and assistance, facilitating solutions to disagreements, compiling and reporting data to the Legislature, and recommending changes to DDS and the Legislature.

In January 2025, DDS published a report including data and progress from both the SDP Office and the Office of the Ombudsperson. The following data is from this report.

As of June 30, 2024, the SDP Office received 2,675 total contacts, most of which were received through email. Of these contacts, 2,530 were closed, and 145 remained open; and the Office of the Ombudsperson received 1,103 total contacts, most of which were also received through email. Of these contacts, 1,098 were closed and 5 remained open.

The January 2025 report also laid out the Offices’ priorities. According to the report,

“In the year ahead, the Offices will continue to prioritize community outreach and engagement, especially to diverse communities, to share information, improve understanding of the service system, and maintain visibility of any issues raised by the community that need to be addressed. The Offices are committed to facilitating both immediate and longer-term solutions to support the individuals and families it serves. The Offices send a feedback survey to all contacts. This survey collects information about the community’s experience and satisfaction in contacting the offices so it can best serve them.

The Offices also will be observing hearings for Lanterman Act eligibility and service appeals in order to better support individuals who may have questions or need help with the process in the future, and will provide feedback to the Department regarding the process.

Additionally, the Offices will focus on improving data collection and sharing information on its webpages to provide insight into its community contacts and trends.

The Offices track data and trends gathered through community contacts to identify issues that may need to be addressed or investigated. The Offices will continue to meet regularly with groups such as FMS agencies, local advisory committees, parent support groups, regional center staff, and participant choice specialist teams to gather feedback, discuss and present issues, and develop best practices or program policies.”

While the Office of the SDP Ombudsperson is currently codified, the Office of the Ombudsperson was an effort from an initiative established by DDS, and not an existing statutory or regulatory requirement. Additionally, the office has limited authority to investigate. This bill would codify the Office of the Ombudsperson and formalize some existing efforts while adding additional authority, requirements, and responsibilities, as well as imposing specified hiring requirements of the Ombudsperson. This bill expands the Office’s existing authority and responsibilities by now requiring the Office to do the following:

• Disseminate the Persons with Disabilities Bill of Rights.
• Conduct whatever investigation reasonably related to the complaint and to developmental services that the ombudsperson deems necessary, which includes unannounced visits and access to records and individuals served by a regional center at all times to carry out the duties of the Office.

Author’s Statement: According to the Author, “We learned early last year through a Los Angeles Times article that adults with autism were facing abuse at an LA group home. The alleged perpetrator in the case had previously worked for a group home where he allegedly committed misdemeanor battery and, as a result, was banned from working there. However, the case was said to be resolved out of court, and the alleged perpetrator was able to continue working with the same population, just at another group home. The shuffling of the perpetrator to other group homes without any recourse for the DDS client and the families is unacceptable and common due to the lack of accountability.

Unfortunately, this case is not an isolated incident and is a devastating result of the gaps in protecting DDS consumers. Upon exploring solutions to this issue, we discovered that the current Ombudsperson's office has limitations in assisting DDS consumers and their families with inquiries, complaints, or grievances in a fair and neutral manner.

“To effectively serve DDS consumers, the Developmental Services Ombudsperson requires statutory authority to access records, negotiate settlements, and connect with key individuals and information. [This bill] will provide the ombudsperson with this authority to help clarify and empower the Ombudspersons' duties in serving DDS consumers. It is time for us to do better by the IDD community, bring parity to the Developmental Services ombudsperson, and provide the same statutory authority that exists for other Department Ombudspersons, such as the Department of Social Services Office of the Foster Care Ombudsperson and the Department of Aging Office of the Long Term Care Ombudsperson.”

Equity Implications: Individuals with I/DDs are legally entitled to services, yet consistently must endure lengthy wait periods to access these services, and sometimes are unable to access services or are denied services altogether. Other vulnerable populations, such as individuals placed in foster care or receiving long-term care services, have an established ombudsperson’s office to triage and help these families and individuals resolve concerns related to their care, placement, and services. The Ombudsperson can assist individuals with accessing services, filing complaints, and navigating systems that can be difficult to understand. This bill seeks to extend these services to another vulnerable population with well-documented difficulty navigating the system. A codified ombudsperson with additional access to inspections and responsibilities may result in added trust from families as well as increase access to services and remedies when a problem arises.

Policy Considerations: Currently, this bill does not clearly outline how conflicts or overlapping responsibilities between the two entities will be addressed. For instance, if a regional center client living in a skilled nursing facility or a residential care facility for the elderly files a complaint about the care they are receiving with the DDS Ombudsperson, it may be more appropriate for the complaint to be referred to the local Long-Term Care Ombudsman Program.

Should this bill move forward, the author may wish to amend the bill to account for processes when there is duplicative jurisdiction.

Proposed Committee Amendments: The Committee proposes amendments to address policy considerations stated above to do the following:

• Require the Office to enter into a Memorandum of Understanding with the Office of the State Long-Term Care Ombudsman within the California Department of Aging, to coordinate the provision of Ombudsman services for Regional Center clients residing in long-term care facilities.

Due to timing constraints, these amendments will be adopted in the Assembly Human Services Committee, but will be processed in the Assembly Judiciary Committee.

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

RELATED AND PRIOR LEGISLATION:

SB 138 (Committee on Budget and Fiscal Review), Chapter 192, Statutes of 2023, see comments above.

AB 136 (Committee on Budget) Chapter 76, Statutes of 2021, among other provisions, removed the SDP’s federal funding contingency; required all regional centers to make the program available to eligible consumers as of July 1, 2021; and established the Office of the Self-Determination Program Ombudsperson to oversee the SDP.

AB 107 (Committee on Budget), Chapter 18, Statutes of 2017, see comments above.

ABX2-1 (Thurmond), Chapter 3, Statutes of 2016, see comments above.

AB 1687 (Conway), Chapter, 178, Statutes of 2015, recast statutory rights that currently exist in the Lanterman Act as the “Persons with Developmental Disabilities Bill of Rights.” Added to those rights the right to a prompt investigation of any alleged abuse.

SB 933 (Thompson) Chapter 311, Statutes of 1998, a budget trailer bill, established the Office of the Foster Care Ombudsperson.

REGISTERED SUPPORT / OPPOSITION:

Support

Disability Voices United (DVU) (Co-Sponsor)

Integrated Community Collaborative (Co-Sponsor)

California Long Term Care Ombudsman Association (CLTCOA)

Disability Rights California

Easterseals Northern California

The Arc and United Cerebral Palsy California Collaboration

University of California Student Association

Opposition

None on file.

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

 THIRD READING  

Bill No: SB 471

Author: Menjivar (D)

Amended: 5/23/25

Vote: 27

SENATE HUMAN SERVICES COMMITTEE: 5-0, 4/7/25

AYES: Arreguín, Ochoa Bogh, Becker, Limón, Pérez

SENATE JUDICIARY COMMITTEE: 13-0, 4/22/25

AYES: Umberg, Niello, Allen, Arreguín, Ashby, Caballero, Durazo, Laird, Stern, Valladares, Wahab, Weber Pierson, Wiener

SENATE APPROPRIATIONS COMMITTEE: 6-0, 5/23/25

AYES: Caballero, Seyarto, Cabaldon, Grayson, Richardson, Wahab

NO VOTE RECORDED: Dahle

SUBJECT: Office of the Developmental Services Ombudsperson

SOURCE: Disability Voices United

Integrated Community Collaborative

DIGEST:

This bill establishes the Office of the Developmental Services Ombudsperson as an independent and autonomous entity within the Department of Developmental Services (DDS). This bill establishes the duties of the Office, including disseminating information, providing training and technical assistance, and receiving and investigating complaints made by or on behalf of individuals served by a regional center.

ANALYSIS:

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 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. (Welfare and Institutions Code (WIC) 4500, et seq.)
2. Establishes a system of nonprofit regional centers. (WIC 4620)
3. Establishes a statewide Self-Determination Program (SDP) to provide participants and their families, within an individual budget, increased flexibility and choice, and greater control over decisions, resources, and needed and desired services and supports to implement their individual program plan. (WIC 4685.8)
4. Requires DDS to establish the Office of the SDP Ombudsperson. Requires the Director of DDS (director) to appoint an SDP Ombudsperson who is qualified to perform the duties of the office for a four-year term. Allows the director to reappoint the SDP Ombudsperson for consecutive terms. (WIC 4685.9(a-b))
5. Requires the Office of the SDP Ombudsperson to be an independent and autonomous entity within DDS for the purpose of monitoring the implementation of the SDP and to assist regional center clients and SDP consumers and their families to participate fully in the SDP. (WIC 4685.9(c))
6. Confers the Office of the SDP Ombudsperson all of the following rights and duties:
   1. Providing information and assisting regional center consumers and their families in understanding their rights under the SDP.
   2. Deciding whether to investigate complaints regarding the implementation of the SDP, and recommending to DDS strategies for change and improvement of the SDP. Disclosure of information shall occur only as necessary to carry out the mission of the office and as permitted by law.
   3. Annually compiling and reporting to the Legislature relevant data.
   4. Recommending to DDS and the Legislature changes to, including, but not limited to, relevant laws, regulations, policies, and actions that it determines to be appropriate and provide and facilitate public comment on, including, but not limited to, relevant laws, regulations, policies, and actions.
   5. Establishing a dedicated telephone number at which regional center consumers and other stakeholders may contact the office. (WIC 4685.9(d))
7. Establishes the Persons With Developmental Disabilities Bill of Rights. (WIC 4502)

This bill:

1. Requires the Office of the Developmental Services Ombudsperson to be established as an independent and autonomous entity within DDS for the purpose of monitoring the implementation of services for individuals with intellectual and developmental disabilities, including, but not limited to, the SDP and the California Early Intervention Services Act, as specified.
2. Defines “individuals served by a regional center” to include all of the following:
   1. Individuals who receive services through a regional center, as specified.
   2. Individuals who are participating in the Early Start program, as specified.
   3. Individuals who are determined to be eligible for regional center services but are not receiving services from a regional center.
3. Requires the director, in consultation with, and after receiving a list of possible nominees from, a committee of at least five interested individuals, and after obtaining the committee’s input, to appoint a Developmental Services Ombudsperson for a term of four years. Requires the director to select the committee members, the majority of whom must be representatives of advocacy organizations and consumers or family members. Allows the director to reappoint the Developmental Services Ombudsperson for consecutive terms. Specifies processes for appointment of a successor.
4. Requires the Developmental Services Ombudsperson to be independent, and requires the exercise of the Developmental Services Ombudsperson’s discretion related to their duties and powers to not be controlled, supervised, or directed, directly or indirectly, by the director or any other official.
5. Requires the Developmental Services Ombudsperson, in consultation with DDS, to hire the necessary personnel to perform the functions of the Office of the Developmental Services Ombudsperson, including one designated lead staff member who has expertise on the SDP.
6. Requires the Office of the Developmental Services Ombudsperson to do all of the following:
   1. Disseminate information and provide training and technical assistance. Commencing on January, 1, 2028, at the end of every two-year legislative session, review amendments to laws applicable to individuals served by a regional center and determine whether updates to the rights should be recommended.
   2. Receive complaints made by or on behalf of individuals served by a regional center, related to their care, placement, or services.
   3. Decide, in its discretion, whether to investigate a complaint, or refer complaints to another agency for investigation. Attempt to resolve complaints under investigation without using a judicial or administrative proceeding. Follow processes related to notification of complaint investigation.
   4. Compile and make available specified data to the Legislature. The office shall include recommendations consistent with this data for improving the developmental services system.
   5. Have access to copies of any record of a state agency, local agency, or regional center, and contractors or vendors with the state agency, local agencies, and regional centers that is necessary to carry out their responsibilities, and may meet or communicate with any consumer in their placement or elsewhere.
7. Specifies that information obtained by the Office of the Developmental Services Ombudsperson from a complaint, regardless of whether it is investigated by the office, referred to another entity for investigation, or determined not to be the proper subject of an investigation, shall remain confidential under relevant state and federal confidentiality laws.
8. Requires the Office of the Developmental Services Ombudsperson, in consultation with the Association of Regional Center Agencies, the State Council on Developmental Disabilities, tribes located in the state, consumer advocates, provider organizations, and other interested parties, to update standardized information explaining the rights of persons with developmental disabilities.
9. Authorizes the ombudsperson to take certain actions as part of the Office of the Developmental Services Ombudsperson’s efforts to resolve complaints, including, but not limited to, the following:
   1. Establish policies and procedures for receiving and processing complaints, conducting investigations, and reporting findings.
   2. Develop and maintain a page on the department’s internet website with information about the office, how to access the office, and links to relevant materials.
   3. Conduct whatever investigation reasonably related to the complaint and to developmental services that the ombudsperson deems necessary, as specified.
   4. Attempt to resolve complaints.
   5. Submit a written plan, as specified, to the relevant state agency, local agency, or regional center, or a contractor or vendor with the state agency, local agency, or regional center, recommending a course of action to resolve the complaint.
   6. Periodically convene a focus group to advise the Office in the performance of its duties.
   7. Recommend to DDS any changes to laws, regulations, policies, or communications.
10. States the Developmental Services Ombudsperson and staff of the ombudsperson shall not be compelled to testify, and records of the Office of the Developmental Services Ombudsperson shall not be subject to disclosure in a judicial or administrative proceeding, except as may be necessary, as specified. Finds and declares that this bill imposes a limitation on the public’s right of access to the meetings of public bodies or writing of public officials and agencies, and that this is necessary to maintain the confidentiality of individuals served by a regional center.
11. Requires the Office of the Developmental Services Ombudsperson to establish a toll-free number. Requires regional center case managers to provide consumers, and, if appropriate, their parents, legal guardians, conservator or authorized representative, with the toll-free telephone number for the office and verbal or written information regarding the existence and purpose of the office during the annual individualized program plan or individual family service plan meetings.

Background

Purpose of this Bill. According to the author, “To effectively serve DDS consumers, the Developmental Services Ombudsperson requires statutory authority to access records, negotiate settlements, and connect with key individuals and information. SB 471 will provide the ombudsperson with this authority to help clarify and empower the Ombudspersons’ duties in serving DDS consumers. It is time for us to do better by the IDD community, bring parity to the Developmental Services Ombudsperson, and provide the same statutory authority that exists for other Department Ombudspersons.”

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; such disabilities include, among others: epilepsy, autism spectrum disorder, intellectual disability, and cerebral palsy. The Department of Finance estimates that approximately 465,165 individuals will receive developmental services in 2024–25, increasing to 504,905 in 2025–26.

Office of the SDP Ombudsperson. The Office of the SDP Ombudsperson was established in the 2021 Budget Act and the office opened in October 2021. The SDP Ombudsperson has the following rights and duties: assisting regional center consumers and their families in understanding their rights under the SDP; deciding whether to investigate complaints and recommending to DDS strategies for change and improvement of the SDP; annually reporting relevant data to the Legislature; and recommending changes to relevant laws, regulations, and policies to DDS and the Legislature.

DDS Office of the Ombudsperson. DDS already has an established Office of the Ombudsperson. According to a DDS Directive sent to regional center directors, the department received funding through the 2022 Budget Act to establish the office, which opened in December 2022. The DDS website states that the Ombudsperson assists regional center clients and their families to access their regional center services available under the Lanterman Act. According to the website, the Office of the Ombudsperson can:

• Provide information to regional center clients and their families,
• Facilitate resolution to disagreements and complaints,
• Make recommendations, and
• Compile and report data.

This bill would formally establish in statute the Office of the Ombudsperson as the Office of the Developmental Services Ombudsperson, which would serve all individuals served by a regional center. In addition to codifying the office, this bill would add protections for the office and consumers. Namely, this bill would:

• Grant the Developmental Services Ombudsperson access authority to obtain records from a state agency, local agency, or regional center, and a contractor or vendor of a state agency, local agency, or regional center.
• If the ombudsperson makes a written recommendation, require a state agency, local agency, or regional center, or a contractor or vendor of a state agency, local agency, or regional center to submit a written response to the Developmental Services Ombudsperson within 30 days.
• Grants the Office of the Developmental Services Ombudsperson confidentiality protection, including prohibiting the Developmental Services Ombudsperson and staff of the ombudsperson from being compelled to testify or be deposed in a judicial or administrative proceeding regarding matters related to their official duties, and exempting records of the Developmental Services Ombudsperson and staff of the ombudsperson from disclosure.

Comments

This bill seeks to strengthen protections for individuals served by a regional center by formally establishing an Office of the Developmental Services Ombudsperson. Formally establishing an Office of the Developmental Services Ombudsperson will expand the rights and responsibilities of the current Office of the Ombudsperson at DDS, including authority to obtain records, a confidentiality clause, and the requirement of a written response to be provided to the Developmental Services Ombudsperson within 30 days.

[NOTE: See the Senate Human Services Committee analysis for detailed background of this bill.]

Related/Prior Legislation

AB 136 (Committee on Budget, Chapter 76, Statutes of 2021), a budget trailer bill, established the Office of the SDP Ombudsperson.

SB 933 (Thompson, Chapter 311, Statutes of 1998), a budget trailer bill, established the Office of the Foster Care Ombudsperson.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

According to the Senate Appropriations Committee, “Unknown ongoing costs, likely hundreds of thousands, for DDS for staffing resources for state operations (General Fund and federal funds).”

SUPPORT: (Verified 5/15/25)

Disability Voices United (Co-source)
Integrated Community Collaborative (Co-source)
The Arc and United Cerebral Palsy California Collaboration

University of California Student Association

OPPOSITION: (Verified 5/15/25)

None received

Prepared by: Diana Dominguez / HUMAN S. / (916) 651-1524

5/27/25 11:17:13

**** END ****

SENATE COMMITTEE ON APPROPRIATIONS

Senator Anna Caballero, Chair

2025 - 2026 Regular Session

SB 471 (Menjivar) - Office of the Lanterman Ombudsperson

Bill Summary:

SB 471 would establish the Office of the Lanterman Ombudsperson, as specified.

*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********

The following information is revised to reflect amendments

adopted by the committee on May 23, 2025

Fiscal Impact:

Unknown ongoing costs, likely hundreds of thousands, for the Department of Developmental Services (DDS) for staffing resources for state operations (General Fund and federal funds).

Author Amendments:

Revise the proposed new office to instead establish the Office of the Developmental Services Ombudsperson for the purpose of monitoring implementation of programs, as specified; delete provisions authorizing the establishment of local ombudsperson offices; authorize the Office to convene focus groups and recommend changes to laws, regulations, policies, or communications; and delete provisions that make changes to the existing Self-Determination Program Ombudsperson office.

-- END --

SENATE COMMITTEE ON APPROPRIATIONS

Senator Anna Caballero, Chair

2025 - 2026 Regular Session

SB 471 (Menjivar) - Office of the Lanterman Ombudsperson

Bill Summary:

SB 471 would establish the Office of the Lanterman Ombudsperson, as specified.

Fiscal Impact:

• The Department of Developmental Services (DDS) estimates costs of $338,000 ($270,000 General Fund and $68,000 federal funds) in 2025-26 and annually thereafter for staffing resources for state operations.
• The DDS also indicates unknown, but potentially significant cost pressures to establish regional or local Lanterman ombudsperson offices. Costs would depend on the number of offices to be established and corresponding staffing. For example, if an office were established for each of the 21 regional centers, at minimum, costs could reach in the low millions of dollars annually (General Fund and federal funds).

Background:

California’s 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; such disabilities include, among others: epilepsy, autism spectrum disorder, intellectual disability, and cerebral palsy.

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. The primary purpose of regional centers is to connect individuals with services in the community.

Services for individuals with intellectual and developmental disabilities are outlined in an Individual Program Plan (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 representatives. 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. Regional center consumers receiving traditional services, meaning they are not enrolled in a Self-Determination Program, are assigned a service coordinator who is responsible for implementing, overseeing, and monitoring the consumer’s IPP.

Rather than receive developmental services through coordination by a consumer’s service coordinator, assigned to them by their regional center, a consumer can choose to enroll in the Self-Determination Program (SDP). The SDP allows a consumer or their family to control the decisions and resources required to meet all or some of the objectives in their IPP. The SDP empowers participants to create a 12-month budget and spending plan based on the needs and goals outlined in their IPP, and directly choose and hire service providers.

Current law establishes the Office of the SDP Ombudsperson, which has the following rights and duties:

• Providing information and assisting regional center consumers and their families in understanding their rights under the SDP.
• Deciding whether to investigate complaints regarding the implementation of the SDP, and recommending to DDS strategies for change and improvement of the SDP.
• Annually compiling and reporting to the Legislature relevant data collected over the course of the year, as specified.
• Recommending to DDS and the Legislature changes to relevant laws, regulations, policies, and actions.
• Establishing a dedicated telephone number at which regional center consumers and other stakeholders may contact the office.

While not required in state law, DDS has established Office of the Ombudsperson to assist regional center clients and their families to access their regional center services available under the Lanterman Act. According to the website, the Office of the Ombudsperson can:

• Provide information to regional center clients and their families
• Facilitate resolution to disagreements and complaints
• Make recommendations
• Compile and report data

Additionally, the website states the Office of the Ombudsperson cannot:

• Decide disputes in favor of one party or another
• Represent someone in the appeal process
• Make a recommendation to a court or hearing officer
• Overturn a final hearing decision

Proposed Law:

Specific provisions of the bill would:

• Establish the Office of the Lanterman Ombudsperson as an autonomous entity within the DDS for the purpose of providing individuals with intellectual and developmental disabilities who are consumers of developmental services with a means to resolve issues related to their care, placement, or services.
• Require the Director of DDS to appoint an Ombudsperson, as specified.
• Specify the duties of the Office of the Lanterman Ombudsperson.
• Prohibit the Ombudsperson or their staff from being compelled to testify or be deposed, or to disclose specified records, in a judicial or administrative proceeding.
• Authorize the Office of the Lanterman Ombudsperson to establish regional or local Lanterman ombudsperson offices for the purposes of expediting investigations and resolving complaints, subject to appropriations in the annual Budget Act.
• Specify that the Office of the SDP Ombudsperson is a separate office and that the Lanterman Ombudsperson must oversee the Office of the SDP Ombudsperson; and revise the duties of the Office of the SDP Ombudsperson.

-- END --

SENATE JUDICIARY COMMITTEE

Senator Thomas Umberg, Chair

2025-2026 Regular Session

Bill No: SB 471 (Author:Menjivar)

Version: February 19, 2025

Hearing Date: April 22, 2025

Fiscal: Yes

Urgency: No

Consultant: AWM

SUBJECT

Office of the Lanterman Ombudsperson

DIGEST

This bill establishes the Office of the Lanterman Ombudsperson within the State Department of Developmental Services (DDS) for the purpose of providing individuals with intellectual and developmental disabilities who are consumers of developmental services with a means to resolve issues related to their care, placement, or services.

EXECUTIVE SUMMARY

The Lanterman Act recognizes that California has a responsibility to provide services to persons with intellectual and developmental disabilities (referred to as “consumers”), and that those individuals have a right to receive those services. To satisfy the state’s obligations, the Lanterman Act establishes a framework for a statewide system of community-based services and supports, coordinated by a network of regional centers. In 2024, the state’s 21 regional centers served close to half a million people. Unfortunately, there are pervasive reports of problems within the Lanterman Act system, including discrimination in the provision and quality of services, and abusive practices by caregivers.

This bill is intended to give consumers and their families assistance with, and provide more oversight for, the entities providing services under the Lanterman Act. To do so, this bill establishes the Office of the Lanterman Ombudsperson within the DDS, for the purpose of providing consumers and their families information and assistance about, and an avenue for resolving issues related to, supports and services provided under the Lanterman Act.

This bill is sponsored by Disability Voices United and Integrated Community Collaborative, and is supported by The Arc & United Cerebral Palsy California Collaboration and the University of California Student Association. The Committee has not received timely opposition to this bill. The Senate Human Services Committee passed this bill with a vote of 5-0.

PROPOSED CHANGES TO THE LAW

Existing law:

1. Establishes the Lanterman Developmental Disabilities Services Act (the Lanterman Act), which recognizes California’s responsibility to provide services and supports to persons with developmental disabilities, and the right of those individuals to receive services and supports and to be empowered to make choices in all areas of life. (Welf. & Inst. Code, div. 4.5, §§ 4500 et seq.)
2. Defines the following relevant terms:
   1. “Developmental disability” means a disability that originates before an individual attains 18 years of age, continues, or can be expected to continue, indefinitely, and constitutes a substantial disability; includes intellectual disability, cerebral palsy, epilepsy, and autism, and disabling conditions found to be closely related to intellectual disability or to require treatment similar to that required for individuals with an intellectual disability, but does not include handicapping conditions that are solely physical in nature. A child under five years of age can provisionally qualify for services if certain conditions are met.
   2. “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 an independent, productive life; supports and services are determined on an individual basis as dictated by the consumer’s needs, as specified.
   3. “Consumer” means a person who has a disability that meets the definition of developmental disability. (Welf. & Inst. Code, § 4512.)
3. Provides that the state shall fulfill its obligations under the Lanterman Act by establishing a network of fixed points of contact, known as “regional centers,” to work with persons with developmental disabilities and their families to obtain services and supports. The regional centers may also contract with vendors to provide services and supports. (Welf. & Inst. Code, §§ 4620-4669.8.)
4. Provides that all information and records obtained in the course of providing intake, assessment, and services under the Act to persons with developmental disabilities are confidential, and that information and records may be disclosed only in specified cases, including:
   1. In communication between qualified professional persons in the provision of intake, assessment, and services or appropriate referrals; informed consent of a person with a developmental disability or the person’s guardian or conservator must be obtained before information or records may be disclosed 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.
   2. With the informed consent of a person with a developmental disability who has the capacity to give informed consent; or if the person is unable to give consent, with the written authorization of their legal representative (parent, guardian, conservator, etc.).
   3. 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 the person may be entitled.
   4. For research purposes, with the review and approval of DDS, provided that researchers sign confidentiality provisions and are aware of possible civil liability for disclosing confidential information.
   5. To the courts, as necessary to the administration of justice.
   6. To persons conducting specified investigations, such as when a facility or licensee is being investigated by a board or law enforcement. (Welf. & Inst. Code, § 4514.)
5. Provides that any person may bring an action against an individual who willfully and knowingly released confidential information in violation of 4), for the greater of $500 or the amount of three times the actual damages sustained by the plaintiff, if any; and that any person may bring an action to enjoin the release of confidential information in violation of 4). (Welf. & Inst. Code, § 4518.)
6. Establishes the Office of the Self-Determination Program Ombudsperson as an independent and autonomous entity within DDS, for the purpose of implementing the statewide Self-Determination Program and to assist regional center clients and Self-Determination Program consumers and their families to participate fully in the Self-Determination Program. (Welf. & Inst. Code, §§ 4685.8, 4685.9.)
7. Requires the Secretary of California Health and Human Services (CalHHS), in coordination with DDS, to lead the development and implementation of the Master Plan for Developmental Services, which shall be developed by the Master Plan for Developmental Services Committee; the Master Plan for Developmental Services is intended to strengthen accessibility, quality, and equity of the developmental services system for all consumers and their families, regardless of language spoken, demographic group, geographic region, or socioeconomic status, and to improve the accountability and transparency of the systems supporting them. (Welf. & Inst. Code, §§ 4580-4581.)

This bill:

1. States that the Legislature finds and declares the following:
   1. The people of California have benefitted from the establishment of a long-term care ombudsperson, a foster care ombudsperson, and a Self-Determination Program Ombudsperson.
   2. It is essential to maintain the nonpartisan nature, integrity, and impartiality of ombudsperson functions and services.
   3. It is the intent of the Legislature to provide similar protections for consumers of developmental services by establishing the Office of the Lanterman Ombudsperson
2. Defines “consumers of developmental services” to include all of the following:
   1. Individuals who receive services through a regional center, including individuals who are in the intake process, are pending assessment, or who have reached out to regional centers for information about eligibility.
   2. Individuals who are participating in the early start program under Title 14 of the Government Code, including individuals who are in the intake process, pending assessment, or have reached out to regional centers for information about eligibility.
   3. Individuals who are determined to be eligible for regional center services but are not receiving services from a regional center.
3. Establishes the Office of the Lanterman Ombudsperson as an autonomous entity within DDS for the purpose of providing individuals with intellectual and developmental disabilities who are consumers of developmental services with a means to resolve issues related to their care, placement, or services.
4. Provides that the Lanterman Ombudsperson shall be a separate office from, and shall oversee, the Office of the Self-Determination Ombudsperson.
5. Establishes procedures for the appointment of the Lanterman Ombudsperson by the Director of DDS (Director), with input from a committee of stakeholders, and requires DDS to hire the necessary personnel to perform the functions of the Office of the Lanterman Ombudsperson.
6. Establishes the duties and responsibilities of the Lanterman Ombudsperson, including:
   1. Receiving complaints made by or on behalf of consumers of developmental services, related to their care, placement, or services.
   2. Deciding, in its discretion, whether to investigate a complaint or refer a complaint to another agency for investigation.
   3. If they decide to investigate a complaint, notifying the complainant of the decision to investigate, updating the complainant on the progress of their efforts and the final outcome, and attempting to resolve the complaint without using a judicial or administrative proceeding.
   4. Compiling and making available to the Legislature data collected regarding complaints made and trends and issues that arose in the course of investigating complaints.
7. Provides that information obtained by the Office of the Lanterman Ombudsperson from a complaint, regardless of whether it is investigated by the office, referred to another entity for investigation, or determined not to be the proper subject of an investigation, shall remain confidential under relevant state and federal confidentiality laws; and that disclosure of information that is not confidential under state and federal confidentiality laws shall occur only as necessary to carry out the mission of the office, including as necessary to provide explanation and support for the office’s recommendations for improving the developmental services system to the Legislature and state and local agencies that provide services and supports to consumers.
   1. The Ombudsperson shall maintain confidentiality with respect to the identities of the complainants or witnesses coming before them, except as necessary to enable them to fulfill their investigator duties; however, they may not disclose a record that is confidential under relevant state and federal confidentiality laws.
   2. If a consumer is represented by a conservator, legal guardian, or counsel, the office may notify the conservator, legal guardian, or counsel of a complaint in order for those entities to satisfy their obligations. Notifying these entities of an investigation shall not limit the Ombudsperson’s ability to investigate or resolve a complaint or take action, and if appropriate, the office may share the outcome of an investigation with the consumer’s conservator, legal guardian, or counsel.
8. Permits the Lanterman Ombudsperson, as part of the office’s efforts to resolve complaints related to the developmental services system, to do all of the following:
   1. Establish policies and procedures for receiving and processing complaints, conducting investigations, and developing findings.
   2. Develop and maintain a page on DDS’s website with information about the new office, information about how to access the office, including an online portal to submit questions and complaints, and additional information.
   3. Conduct whatever investigation reasonably related to a complaint and to developmental services that the Ombudsperson deems necessary, including (1) accessing and inspecting specified premises and facilities, with or without notice; and (2) observing proceedings and attending hearings.
   4. Attempt to resolve the complaint.
   5. Submit a written plan to the relevant state agency, local agency, or regional center, or a contractor or vendor with the state agency, local agency, or regional center, recommending a course of action to resolve the complaint. If the Ombudsperson makes a written recommendation, the state agency, regional center, or vendor or contractor shall submit a written response to the Ombudsperson within 30 calendar days.
9. Provides that, in order to encourage candor during the Lanterman Ombudsperson’s investigation of complaints made by or on behalf of a consumer of developmental services and to facilitate the Ombudsperson’s ability to resolve complaints, all of the following shall apply:
   1. The Ombudsperson and their staff shall not be compelled to testify or be deposed in a judicial or administrative proceeding regarding matters coming to their attention in the exercise of their official duties, except as may be necessary to enforce or implement the bill.
   2. The records of the Ombudsperson and their staff, including notes, drafts, and records obtained from an individual agency during the intake, review, or investigation of a complaint, and any reports not released to the public shall not be subject to disclosure or production in response to a subpoena or discovery in a judicial or administrative proceeding, except as necessary to enforce or implement the provisions of this chapter.
   3. When exercising the investigative, complaint resolution, and technical assistance functions of the Office of the Lanterman Ombudsperson, the Ombudsperson and their staff shall have immunities available to government employees under Article 2 of Chapter 1 of Part 2 of Division 3.6 of Title 1 of the Government Code.
   4. If the Ombudsperson believes, based on information received during the exercise of their official duties, that there is a breach of misconduct by an employee of a state agency, local agency, regional center, or their contractors or vendors, in the conduct of the employee’s official duties, the Ombudsperson shall refer the matter to the regional center or vendor’s director, or other responsible officer, and if the conduct would constitute a crime, to the appropriate law enforcement body or agency.
10. Requires the Ombudsperson to establish a toll-free number, and requires regional center case managers to provide consumers, and, where appropriate, their parents, legal guardians, conservators, or authorized legal representatives with the toll-free number during annual individualized program plan or individual family service plan meetings.
11. Provides that the Office of the Self-Determination Ombudsperson shall be overseen by the Lanterman Ombudsperson, as specified, and that the Self-Determination Ombudsperson’s required reports, notices, outreach, and other duties may be done in conjunction with the Lanterman Ombudsperson’s activities to the degree it is practicable.

COMMENTS

1. Author’s comment

According to the author:

We learned early last year through a Los Angeles Times article that adults with autism were facing abuse at an LA group home. The alleged perpetrator in the case had previously worked for a group home where he allegedly committed misdemeanor battery and, as a result, was banned from working there. However, the case was said to be resolved out of court, and the alleged perpetrator was able to continue working with the same population, just at another group home. The shuffling of the perpetrator to other group homes without any recourse for the DDS client and the families is unacceptable and common due to the lack of accountability.

Unfortunately, this case is not an isolated incident and is a devastating result of the gaps in protecting DDS consumers. Upon exploring solutions to this issue, we discovered that the current Ombudsperson's office has limitations in assisting DDS consumers and their families with inquiries, complaints, or grievances in a fair and neutral manner.

To effectively serve DDS consumers, the Lanterman Ombudsperson requires statutory authority to access records, negotiate settlements, and connect with key individuals and information. SB 471 will provide the ombudsperson with this authority to help clarify and empower the Ombudspersons’ duties in serving DDS consumers. It is time for us to do better by the [intellectual and developmental disability] community, bring parity to the Lanterman ombudsperson, and provide the same statutory authority that exists for other Department Ombudspersons, such as the Department of Social Services Office of the Foster Care Ombudsperson and the Department of Aging Office of the Long Term Care Ombudsperson.

2. Background on the Lanterman Act, the regional centers, and reform efforts

The Lanterman Act recognizes that California has a responsibility to provide services to persons with intellectual and developmental disabilities (referred to as “consumers”), and that those individuals have a right to receive those services.^[1] To satisfy the state’s obligations, the Lanterman Act “established the framework for a statewide system of community-based services and supports, coordinated by a network of regional non-profit agencies called regional centers.”^[2] There are 21 regional centers across the state, and in 2024, the regional centers served close to half a million people. ^[3]

In 2023, the Little Hoover Commission issued a report on the regional center that made two concerning findings.^[4] First, the report found that the regional centers were not adequately assisting consumers and their families to access services, and that not all consumers and families are able to navigate the increasingly complex system for obtaining services without assistance.^[5] Second, the report found disparities in access to service and expenditures at the regional centers based on age, gender, race/ethnicity, and geography.^[6]

In response to the Little Hoover Commission report and other reports of disparities in access to Lanterman Act services, the Governor and the Legislature established the Master Plan for Developmental Services, to be devised by the Master Plan for Developmental Services Committee (Committee).^[7] The Committee and five workgroups comprised of consumers and people with diverse backgrounds, identities, and geographic location held public meetings across the state in 2024 and 2025.^[8] In March of this year, the Committee published the first Master Plan for Developmental Services.^[9] The Master Plan for Developmental Services makes 167 recommendations for improving the provision of services,^[10] several of which relate to the need for better oversight and more accountability from the providers of services.^[11]

3. This bill establishes the Office of the Lanterman Ombudsperson to provide consumers with a means to resolve issues related to their care, treatment, or services

This bill establishes the Office of the Lanterman Ombudsperson within the DDS, for the purpose of providing consumers and their families information and assistance about, and an avenue for resolving issues related to, supports and services provided under the Lanterman Act. The bill’s language is virtually identical to the statutory language establishing ombudsperson offices to oversee other human services-related fields, such as the Office of the Foster Care Ombudsperson.^[12]

The Senate Human Services Committee considered the overall policy of this bill and passed it with a vote of 5-0. That Committee’s analysis is incorporated herein by reference. The relevant issues for this Committee’s jurisdiction is the bill’s limitations on access to information received by, and evidence from, the Lanterman Ombudsperson, and the limited immunity provision.

1. Limitation on access to documents and evidence

As a general constitutional matter, “[t]he people have the right of access to information concerning the conduct of the people’s business, and therefore…the writings of public officials and agencies shall be open to public scrutiny.”^[13] The California Public Records Act (CPRA) is the statutory process by which members of the public can obtain records held by a state or local agency.^[14] At the same time, the state recognizes that this right must be balanced against the right to privacy.^[15] The general right of access to public records may, therefore, be limited when records include personal information.

This bill restricts access to records and information held by the Office of the Lanterman Ombudsperson, and also restricts when records or testimonial evidence may be obtained from the Office of the Lanterman Ombudsperson in connection with a legal proceeding. The confidentiality provisions are intended to (1) ensure that information protected under existing law remains confidential, (2) ensure that consumers and witnesses feel comfortable talking to the Lanterman Ombudsperson, and (3) allow regional center and provider staff to feel comfortable engaging with the Lanterman Ombudsperson without fear of reprisal. The evidentiary restrictions give the Lanterman Ombudsperson’s Office a testimonial and discovery privilege, except as necessary to fulfill its duties; these provisions are intended to protect the confidentiality of witnesses and confidential information obtained in the course of their investigations.

Importantly, the bill provides that if the Ombudsperson believes, based on information received during the exercise of their official duties, there is a breach of duty or misconduct by an employee of a state or local agency or their contractors in the conduct of the employees’ official duties, the Ombudsperson must refer the matter to the agency director or other responsible officer and/or, if the conduct would be a crime, to an appropriate law enforcement body or agency.

1. Limited immunity

This bill provides that, when exercising the investigative, complaint resolution, and technical assistance functions of the Lanterman Ombudsperson, the Ombudsperson and staff have all immunities under the Government Claims Act, as provided in Government Code sections 815–818.9, that are afforded to the discharge of discretionary duties by public entities and their employees.

Under the Government Claims Act,^[16] there is no common law tort liability for public entities.^[17] Tort liability may be imposed against a public entity only pursuant to statute.^[18] “A public entity is not liable for an injury, whether such injury arises out of an act or omission of the public entity or a public employee or any other person.”^[19] “In California, a public entity and its employees are not liable for an injury unless there is a statute declaring them to be liable.”^[20] However, “[a] public entity is liable for injury proximately caused by an act or omission of an employee of the public entity within the scope of [their] employment if the act or omission would …have given rise to a cause of action against that employee” unless “the employee is immune from liability.”^[21]

Government Code section 815.6 provides: “Where a public entity is under a mandatory duty imposed by an enactment that is designed to protect against the risk of a particular kind of injury, the public entity is liable for an injury of that kind proximately caused by its failure to discharge the duty unless the public entity establishes that it exercised reasonable diligence to discharge the duty.” Regarding this provision, the Fourth District Court of Appeal has stated:

“[A]pplication of section 815.6 requires that the enactment at issue be obligatory, rather than merely discretionary or permissive, in its directions to the public entity; it must require, rather than merely authorize or permit, that a particular action be taken or not taken.” [Citation.] Even where an enactment imposes an obligation, it does not necessarily follow that the obligation gives rise to a mandatory duty. The key question is whether the obligation involves an exercise of discretion. As the Supreme Court explained, “[i]t is not enough … that the public entity or officer have been under an obligation to perform a function if the function itself involves the exercise of discretion.” [Citation.]^[22]

This bill’s immunity provision appears consistent with the permissible grant of immunity within the Government Code. Additionally, as noted above, this language is consistently granted to ombudsperson offices in the human services field.

SUPPORT

Disability Voices United (co-sponsor)
Integrated Community Collaborative (co-sponsor)
The Arc & United Cerebral Palsy California Collaboration

University of California Student Association

OPPOSITION

None received

RELATED LEGISLATION

Pending legislation: AB 1208 (Addis, 2025) establishes the California Developmental Disability Services Quality, Performance, and Outcomes Act of 2025, which would require DDS to develop and adopt a uniform and comprehensive set of readily quantifiable quality, performance, and outcomes measures to apply to services provided under the Lanterman Act, as specified. AB 1208 is pending before the Assembly Human Services Committee.

Prior legislation:

SB 1281 (Menjivar, 2024) would have established the Advancing Equity and Access in the Self-Determination Program Act, which would have required the DDS, by January 1, 2026, to establish statewide standardized processes and procedures for the Self-Determination Program (SDP); and to ensure these processes and procedures are consistently applied by each regional center and make measurable improvements towards achieving equitable enrollment by race, ethnicity, and regional center. SB 1281 was vetoed by the Governor, who stated in his veto message that while he shared the author’s intent to increase equitable access to the Self-Determination Program, “the California Health and Human Services Agency is currently leading the development of the Master Plan for Developmental Services, with active stakeholder participation and contribution to the vision. Part of this process includes making recommendations to improve the implementation of the SDP, and as such, this platform should be utilized to advance these conversations.”

AB 162 (Committee on Budget, Ch. 47, Stats. 2024) among other things, established the Master Plan for Developmental Services, which is discussed in greater detail in Part 2 of this analysis.

AB 136 (Committee on Budget, Ch. 76, Stats. 2021) among other things, removed the Self-Determination Program’s federal funding contingency; required all regional centers to make the program available to eligible consumers as of July 1, 2021; and established the Office of the Self-Determination Program Ombudsperson to oversee the Self-Determination Program.

SB 468 (Emmerson, Ch. 683, Stats. 2013) required DDS, contingent upon approval of federal funding, to establish and implement the Self-Determination Program, to be available at every regional center, as provided.

PRIOR VOTES:

Senate Human Services Committee (Ayes 5, Noes 0)

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

1. Welf. & Inst. Code, § 4500.5. ↑

2. Little Hoover Commission, Report: A System in Distress: Caring for Californians with Developmental Disabilities (Apr. 2023) p. 7, available at https://lhc.ca.gov/report/system-distress-caring-californians-developmental-disabilities/. All links in this analysis are current as of April 16, 2025. ↑

3. Master Plan for Developmental Services Committee, Report: Master Plan for Developmental Services (March 2025), p. 8, available at https://www.chhs.ca.gov/home/master-plan-for-developmental-services/#about-the-committee. ↑

4. A System in Distress: Caring for Californians with Developmental Disabilities, supra, at p. 8. ↑

5. Id. at p. 19. ↑

6. Id. at p. 10. ↑

7. Welf. & Inst. Code, §§ 4580-4581. ↑

8. Master Plan for Developmental Services, supra, at pp. 15-16. ↑

9. See generally id. ↑

10. Id. at p. 21. ↑

11. Id. at pp. 126-131, ↑

12. See Welf. & Inst. Code, §§ 16160-16167. ↑

13. Cal. Const., art. I, § 3. ↑

14. Gov. Code, tit. I, div. 10, §§ 7920.000 et seq. ↑

15. Cal. Const., art. I, § 1. ↑

16. Gov. Code, tit. 1, div. 3.6, §§ 810 et seq. ↑

17. “Public entity” includes the state, the Regents of the University of California, the Trustees of the California State University and the California State University, a county, city, district, public authority, public agency, and any other political subdivision or public corporation in the State. (Gov. Code, § 811.2.) ↑

18. Gov. Code, § 815(a); Guzman v. County of Monterey (2009) 46 Cal.4th 887, 897. ↑

19. Gov. Code, § 815(a). ↑

20. Grosz v. Lassen Cmty. Coll. Dist. 572 (2008) F.Supp.2d 1199, 1212. ↑

21. Gov. Code § 815.2(a), (b). ↑

22. County of Los Angeles v. Superior Court (2012) 209 Cal.App.4th 543. ↑

SENATE COMMITTEE ON HUMAN SERVICES

Senator Arreguín, Chair

2025 - 2026 Regular

Subject: Office of the Lanterman Ombudsperson

SUMMARY

This bill would establish the Office of the Lanterman Ombudsperson as an autonomous entity within the Department of Developmental Services (DDS). This bill would establish the duties of the Office, including disseminating information and providing training and technical assistance and receiving and investigating complaints made by or on behalf of consumers of developmental services. This bill would clarify that the Office of the Self-Determination Program (SDP) Ombudsperson is a separate office.

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, and 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 DDS, to provide fixed points of contact in the community for all persons with developmental disabilities and their families, to coordinate services and supports best suited to them throughout their lifetime. (WIC 4620)
3. Establishes a statewide Self-Determination Program (SDP) available in every regional center catchment area to provide participants and their families, within an individual budget, increased flexibility and choice, and greater control over decisions, resources, and needed and desired services and supports to implement their individual program plan. (WIC 4685.8)
4. Requires DDS to establish the Office of the SDP Ombudsperson. Requires the Director of DDS (director) to appoint an SDP Ombudsperson who is qualified to perform the duties of the office for a four-year term. Allows the director to reappoint the SDP Ombudsperson for consecutive terms. (WIC 4685.9(a-b))
5. Requires the Office of the SDP Ombudsperson to be an independent and autonomous entity within DDS for the purpose of monitoring the implementation of the SDP and to assist regional center clients and SDP consumers and their families to participate fully in the SDP. (WIC 4685.9(c))
6. Confers the Office of the SDP Ombudsperson all of the following rights and duties:
   1. Providing information and assisting regional center consumers and their families in understanding their rights under the SDP, including the process, goals, and objectives of the program and facilitating solutions to disagreements regarding eligibility and services.
   2. Deciding whether to investigate complaints regarding the implementation of the SDP, and recommending to DDS strategies for change and improvement of the SDP. Disclosure of information shall occur only as necessary to carry out the mission of the office and as permitted by law.
   3. Annually compiling and reporting to the appropriate policy and fiscal committees of the Legislature relevant data collected over the course of the year, including, but not limited to, the number of contacts to the office, the number of complaints made, including the type of those complaints, the number of investigations performed by the office, the trends and issues that arose in the course of investigating complaints, the number of referrals made, and the number of pending complaints.
   4. Recommending to DDS and the Legislature changes to, including, but not limited to, relevant laws, regulations, policies, and actions that it determines to be appropriate and provide and facilitate public comment on, including, but not limited to, relevant laws, regulations, policies, and actions.
   5. Establishing a dedicated telephone number at which regional center consumers and other stakeholders may contact the office. (WIC 4685.9(d))
7. Requires DDS to include, on the portion of its internet website dedicated to the SDP, a link to the internet website of the Office of the SDP Ombudsperson. (WIC 4685.9(e))
8. Establishes the Persons With Developmental Disabilities Bill of Rights. States it is the intent of the Legislature that persons with developmental disabilities shall have rights including, but not limited to, the following:
   1. 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.
   2. A right to dignity, privacy, and humane care. To the maximum extent possible, treatment, services, and supports shall be provided in natural community settings.
   3. A right to participate in an appropriate program of publicly supported education, regardless of degree of disability.
   4. A right to prompt medical care and treatment.
   5. A right to religious freedom and practice.
   6. A right to social interaction and participation in community activities.
   7. A right to physical exercise and recreational opportunities.
   8. A right to be free from harm, including unnecessary physical restraint, or isolation, excessive medication, abuse, or neglect.
   9. A right to be free from hazardous procedures.
   10. 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.
   11. A right to a prompt investigation of any alleged abuse against them. (WIC 4502)

This Bill:

1. Finds and declares that the people of California have benefited from the establishment of a long-term care ombudsperson, a foster care ombudsperson, and a SDP Ombudsperson. Finds it is essential to maintain the nonpartisan nature, integrity, and impartiality of ombudsperson functions and services. State the intent of the Legislature to provide similar protections for consumers of developmental services by establishing an Office of the Lanterman Ombudsperson within DDS.
2. Requires the Office of the Lanterman Ombudsperson to be established as an autonomous entity within the department for the purpose of providing individuals with intellectual and developmental disabilities who are consumers of developmental services with a means to resolve issues related to their care, placement, or services.
3. Specifies the Office of the SDP Ombudsperson is a separate office.
4. Specifies that the Office of the Lanterman Ombudsperson shall oversee the Office of the SDP Ombudsperson.
5. Defines “consumers of developmental services” to include all of the following:
   1. Individuals who receive services through a regional center, including individuals who are in the intake process, are pending assessment, or have reached out to regional centers for information about eligibility.
   2. Individuals who are participating in the Early Start program, including individuals who are in the intake process, pending assessment, or have reached out to regional centers for information about eligibility.
   3. Individuals who are determined to be eligible for regional center services but are not receiving services from a regional center.
6. Requires the director, in consultation with, and after receiving a list of possible nominees from, a committee of at least five interested individuals, as described, and after obtaining the committee’s input, to appoint Lanterman Ombudsperson who is qualified by training and experience to perform the duties of the office for a term of four years. Allows the director to reappoint the Lanterman Ombudsperson for consecutive terms. Requires the director to select the committee members, the majority of whom must be representatives of advocacy organizations and consumers or family members.
7. Requires the Lanterman Ombudsperson to, in the performance of their duties during the duration of their appointment, be independent, and requires the exercise of the Lanterman Ombudsperson’s discretion related to their duties and powers, as specified, to not be controlled, supervised, or directed, directly or indirectly, by the director or any other official. Requires the Lanterman Ombudsperson to devote their entire time to their duties and powers, as specified, and prohibits the Lanterman Ombudsperson from being removed from office for exercising their independence and discretion in furtherance of those duties and powers.
8. If the term of a Lanterman Ombudsperson expires without the appointment of a successor, allows the incumbent Lanterman Ombudsperson to continue in office until a successor is appointed. If the Lanterman Ombudsperson dies, resigns, becomes ineligible to serve, or is removed or suspended from office, requires the director designate an acting Lanterman Ombudsperson until the Lanterman Ombudsperson is appointed. Requires the director to appoint a new Lanterman Ombudsperson pursuant to the process outlined in (5) within nine months from the date the office became vacant. Prohibits the acting Lanterman Ombudsperson from remaining in office longer than nine months before a new Lanterman Ombudsperson is appointed.
9. Requires DDS to hire the necessary personnel to perform the functions of the Office of the Lanterman Ombudsperson. Priority in hiring decisions shall be given to individuals with lived experience with the developmental services system, including, but not limited to, individuals with developmental disabilities.
10. Requires the Office of the Lanterman Ombudsperson to do all of the following:
    1. Disseminate information and provide training and technical assistance to consumers of developmental services, family members, regional center staff, tribes, advocacy groups, consumer and service provider organizations, and other interested parties on the rights of persons with developmental disabilities and services provided by the office. Requires the information to include methods of contacting the Office of the Lanterman Ombudsperson and notification that conversations with the office may be disclosed to other persons, as necessary, to adequately investigate and resolve a complaint. The information and training shall include information about the rights of persons with developmental disabilities, as specified.
       1. Commencing on January, 1, 2028, at the end of every two-year legislative session, review amendments to the laws applicable to consumers of developmental services and determine whether updates to the rights should be recommended, as specified. The office shall update the certain standardized information and training materials, as specified, for legislative review.
    2. Receive complaints made by or on behalf of consumers of developmental services, related to their care, placement, or services.
    3. Decide, in its discretion, whether to investigate a complaint, or refer complaints to another agency for investigation. After rendering a decision to investigate a complaint, attempt to resolve the complaint without using a judicial or administrative proceeding, including attempting to facilitate solutions to disagreements about eligibility and services.
    4. Upon rendering a decision to investigate a complaint from a complainant, notify the complainant of the intention to investigate. If the office declines to investigate a complaint or continue an investigation, the office shall notify the complainant of the reason for the action of the office.
    5. Update the complainant on the progress of the investigation and the attempts to resolve the complaint, and notify the complainant of the final outcome.
    6. Document the number, source, origin, location, and nature of complaints.
    7. Compile and make available to the Legislature all data collected over the course of the year, including, but not limited to, the number of contacts to the office, the number of complaints made, including the type and source of those complaints, the number of investigations performed by the office, the trends and issues that arose in the course of investigating complaints, the number of referrals made, the number of pending complaints. The office shall include recommendations consistent with this data for improving the developmental services system.
       1. Present this compiled data, on an annual basis, at appropriate conferences, forums, and other events, as determined by the department, that may include presentations to, but are not limited to, representatives of the Legislature, the Association of Regional Center Agencies, the State Council on Developmental Disabilities, tribes, developmental services organizations, advocacy groups, consumer and service provider organizations, and other interested parties.
       2. It is the intent of the Legislature that representatives of the organizations described in (9)(g)(i) consider this data in the development of any recommendations offered toward improving the developmental services system.
       3. The compiled data shall be posted so that it is available to the public on the existing internet website of the office.
       4. Nothing shall preclude the office from issuing data, findings, or reports other than the annual compilation of data described in this paragraph.
    8. Have access to copies of any record of a state agency, local agency, or regional center, and contractors or vendors with the state agency, local agencies, and regional centers that is necessary to carry out their responsibilities, and may meet or communicate with any consumer in their placement or elsewhere.
11. Authorizes the Office of the Lanterman Ombudsperson to establish, in consultation with a committee of interested individuals, regional or local Lanterman ombudsperson offices for the purposes of expediting investigations and resolving complaints, subject to appropriations in the annual Budget Act.
12. Specifies that information obtained by the Office of the Lanterman Ombudsperson from a complaint, regardless of whether it is investigated by the office, referred to another entity for investigation, or determined not to be the proper subject of an investigation, shall remain confidential under relevant state and federal confidentiality laws. Disclosure of information that is not confidential under state and federal confidentiality laws shall occur only as necessary to carry out the mission of the office, including as necessary to provide explanation and support for the office’s recommendations for improving the developmental services system to the Legislature and state and local agencies that provide services and supports to consumers of regional center services.
    1. The Lanterman Ombudsperson shall maintain confidentiality with respect to the identities of the complainants or witnesses coming before them, except insofar as disclosure may be necessary to enable the ombudsperson to carry out the duties of the office set forth in (9)(b-e). The ombudsperson may not disclose a record that is confidential under relevant state and federal confidentiality laws.
    2. If a consumer is represented by a conservator, legal guardian, or counsel, the Office of the Lanterman Ombudsperson may notify the conservator, legal guardian, or counsel of a complaint in order for those entities to satisfy their obligations specified in this division. Notifying these entities of an investigation shall not limit the ombudsperson’s ability to investigate or resolve a complaint or take any other action authorized by this bill. If appropriate, the office may also share the outcome of any investigation performed by the office with the consumer’s conservator, legal guardian, or counsel.
13. Requires the Office of the Lanterman Ombudsperson to provide administrative and technical assistance to regional or local Lanterman ombudsperson’s offices, including, but not limited to, assistance in developing policies and procedures consistent with the policies and procedures used by the office.
14. Requires the Office of the Lanterman Ombudsperson, in consultation with the Association of Regional Center Agencies, the State Council on Developmental Disabilities, tribes located in the state, consumer advocates, provider organizations, and other interested parties, to develop standardized information explaining the rights of persons with developmental disabilities specified in WIC 4502. Requires the information to be developed in an accessible manner, and reflect any relevant licensing requirements with respect to providers’ responsibilities to adequately provide care for consumers of developmental services.
    1. Requires the Office of the Lanterman Ombudsperson, regional centers, service providers, vendors, and others to use this information in carrying out their responsibilities to inform consumers, or if appropriate, their parents, legal guardians, conservator, or authorized representative, of their rights pursuant to WIC 4502.
    2. Requires the Office of the Lanterman Ombudsperson to measure the distribution of the standardized materials for purposes of evaluating and improving the degree to which consumers of developmental services are adequately informed of their rights. This data shall be included in the compilation prepared (9)(g).
15. As part of the Office of the Lanterman Ombudsperson’s efforts to resolve complaints related to the developmental services system, authorizes the ombudsperson to do all of the following:
    1. Establish policies and procedures for receiving and processing complaints, conducting investigations, and reporting findings.
    2. Develop and maintain a page on the department’s internet website with information about the office, how to access the office, including via an online portal to submit questions and complaints, general information about this division and regional centers, and links to relevant materials.
    3. Conduct whatever investigation reasonably related to the complaint and to developmental services that the ombudsperson deems necessary, including, but not limited to, both of the following:
       1. Access to, and inspection of, premises within the control of a state agency, local agency, or a regional center, or a contractor or vendor with a state agency, local agency, or regional center, and access to, and inspection of, a licensed or approved residential facility, at any time, with or without prior notice, for the purpose of carrying out the duties of the office. The ombudsperson shall be granted access to records and residents at all times for the purpose of carrying out the duties of the office.
          1. For purposes of this section, “access” means the right to do all of the following:
             1. Enter any licensed or approved developmental services residential facility, upon providing identification. A private home may be entered only with consent of the consumer or their legal representative.
             2. Communicate privately and without restriction with any resident, caregiver, staff, personnel, or volunteer.
             3. Review and copy any consumer record or caregiver file.
             4. Observe all resident and staff areas of a facility.
             5. Review and reproduce administrative records, policies, and documents of any licensed or approved developmental services care facility.
             6. Review and copy all licensing records maintained by the state, county, or agency, and review and reproduce any records of a state, county, or local agency and their contractors, except sealed court records, which may be obtained only by subpoena or other lawful court order.
             7. Interview all relevant witnesses.
          2. For purposes of this section, “record” means a document, paper, memorandum, book, letter, file, drawing, map, plat, photo, photographic file, motion picture, film, microfilm, microphotograph, exhibit, magnetic or paper tape, punched card, or other item developed or received under law or in connection with the transaction of official business, but does not include material that is protected by privilege.
       2. Observe proceedings and attend hearings, consistent with this division.
    4. Attempt to resolve the complaint.
    5. Submit a written plan to the relevant state agency, local agency, or regional center, or a contractor or vendor with the state agency, local agency, or regional center, recommending a course of action to resolve the complaint. If the ombudsperson makes a written recommendation, the state agency, regional center, or vendor or contractor, shall submit a written response to the ombudsperson within 30 calendar days.
16. In order to encourage candor during the Lanterman Ombudsperson’s investigations of complaints made by or on behalf of a consumer of developmental services and to facilitate the ombudsperson’s ability to resolve complaints, all of the following shall apply:
    1. The Lanterman Ombudsperson and staff of the ombudsperson shall not be compelled to testify or be deposed in a judicial or administrative proceeding regarding matters coming to their attention in the exercise of their official duties, except as may be necessary to enforce or implement this chapter.
    2. The records of the Lanterman Ombudsperson and the staff of the ombudsperson, including notes, drafts, and records obtained from an individual or agency during the intake, review, or investigation of a complaint, and any reports not released to the public shall not be subject to disclosure or production in response to a subpoena or discovery in a judicial or administrative proceeding, except as necessary to enforce or implement the provisions of this chapter.
    3. When exercising the investigative, complaint resolution, and technical assistance functions of the Office of the Lanterman Ombudsperson, the ombudsperson and staff of the ombudsperson shall have all immunities under Article 2 (commencing with Section 815) of Chapter 1 of Part 2 of Division 3.6 of Title 1 of the Government Code afforded to the discharge of discretionary duties by public entities and their employees.
    4. If the Lanterman Ombudsperson believes, based on information received during the exercise of their official duties, that there is a breach of duty or misconduct by an employee of a state agency, local agency, regional center, or their contractors or vendors, in the conduct of the employees’ official duties, the ombudsperson shall refer the matter to the regional center or vendor’s director, or other responsible officer, and if the conduct would constitute a crime, to an appropriate law enforcement body or agency.
17. Requires the Office of the Lanterman Ombudsperson to establish a toll-free number.
18. Requires regional center case managers to provide consumers, and, if appropriate, their parents, legal guardians, conservator or authorized representative, with the toll-free telephone number for the office and verbal or written information regarding the existence and purpose of the office during the annual individualized program plan or individual family service plan meetings.
19. Specifies that the Office of the SDP Ombudsperson shall be overseen by the Lanterman Ombudsperson.
20. Requires the director to appoint an SDP Ombudsperson using the same process specified for appointing a Lanterman Ombudsperson. Specifies the SDP Ombudsperson shall report to the Lanterman Ombudsperson.
21. Strikes the rights and duties granted to the Office of the SDP Ombudsperson. Grants the Office of the SDP Ombudsperson all of the rights, authority, responsibilities, and duties conveyed to the Lanterman Ombudsperson for matters pertaining to the SDP. To the degree that it is practicable, allows required reports, notices, outreach, and other duties of the Office of the SDP Ombudsperson to be done in conjunction with the activities of the Lanterman Ombudsperson.
22. Finds and declares that this bill imposes a limitation on the public’s right of access to the meetings of public bodies or writing of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest: In order to protect the confidentiality of consumers of developmental services, it is necessary to maintain the confidentiality of the records described in (15).

FISCAL IMPACT

This bill has not yet been analyzed by a fiscal committee.

BACKGROUND AND DISCUSSION

Purpose of the Bill:

According to the author, “We learned early last year through a Los Angeles Times article that adults with autism were facing abuse at an LA group home. The alleged perpetrator in the case had previously worked for a group home where he allegedly committed misdemeanor battery and, as a result, was banned from working there. However, the case was said to be resolved out of court, and the alleged perpetrator was able to continue working with the same population, just at another group home. The shuffling of the perpetrator to other group homes without any recourse for the DDS client and the families is unacceptable and common due to the lack of accountability. Unfortunately, this case is not an isolated incident and is a devastating result of the gaps in protecting DDS consumers. Upon exploring solutions to this issue, we discovered that the current Ombudsperson's office has limitations in assisting DDS consumers and their families with inquiries, complaints, or grievances in a fair and neutral manner.

“To effectively serve DDS consumers, the Lanterman Ombudsperson requires statutory authority to access records, negotiate settlements, and connect with key individuals and information. SB 471 will provide the ombudsperson with this authority to help clarify and empower the Ombudspersons’ duties in serving DDS consumers. It is time for us to do better by the IDD community, bring parity to the Lanterman ombudsperson, and provide the same statutory authority that exists for other Department Ombudspersons, such as the Department of Social Services Office of the Foster Care Ombudsperson and the Department of Aging Office of the Long Term Care Ombudsperson.”

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; such 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. The Department of Finance estimates that approximately 465,165 individuals will receive developmental services in 2024–25, increasing to 504,905 in 2025–26.^[1]

Regional Centers

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. Regional center contracts include specific and measurable performance objectives. Every year, DDS reviews each regional center’s performance data for compliance with their contracts and posts them on their website. Regional center services are not consistent across the state. One often-cited strength of the regional center system is each regional center’s local control and flexibility, while one challenge is the system’s lack of uniformity.

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 representatives. 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. Regional center consumers receiving traditional services, meaning they are not enrolled in the SDP, are assigned a service coordinator who is responsible for implementing, overseeing, and monitoring the consumer’s IPP.

Self-Determination Program (SDP) and the Office of the SDP Ombudsperson

Rather than receive developmental services through coordination by a consumer’s service coordinator, assigned to them by their regional center, a consumer can choose to enroll in the SDP. The SDP allows a consumer or their family to control the decisions and resources required to meet all or some of the objectives in their individual program plan. The SDP empowers participants to create a 12-month budget and spending plan based on the needs and goals outlined in their individual program plan, and directly choose and hire service providers.

The SDP became available to all consumers receiving regional centers services on July 1, 2021. In May 2021, 3,329 consumers had been selected to participate in the SDP, and 663 participants were fully enrolled and receiving services.^[2] As of April 2023, the program has 2,688 enrolled participants.^[3] Based on this figure, less than one percent of individuals with intellectual or developmental disability participate in the program.

The Office of the SDP Ombudsperson was established in the 2021 Budget Act and the office opened in October 2021. The SDP Ombudsperson has the following rights and duties:

• Providing information and assisting regional center consumers and their families in understanding their rights under the SDP.
• Deciding whether to investigate complaints regarding the implementation of the SDP, and recommending to DDS strategies for change and improvement of the SDP.
• Annually compiling and reporting to the Legislature relevant data collected over the course of the year, as specified.
• Recommending to DDS and the Legislature changes to relevant laws, regulations, policies, and actions, and provide and facilitate public comment on these items.
• Establishing a dedicated telephone number at which regional center consumers and other stakeholders may contact the office.

This bill would establish the Office of the Lanterman Ombudsperson, which will oversee the Office of the SDP Ombudsperson.

DDS Office of the Ombudsperson

DDS already has an established Office of the Ombudsperson. According to a DDS Directive sent to regional center directors, the department received funding through the 2022 Budget Act to establish the office, which opened in December 2022. The DDS website^[4] states that the Ombudsperson assists regional center clients and their families to access their regional center services available under the Lanterman Act. According to the website, the Office of the Ombudsperson can:

• Provide information to regional center clients and their families,
• Facilitate resolution to disagreements and complaints,
• Make recommendations, and
• Compile and report data.

Additionally, the website states the Office of the Ombudsperson cannot:

• Decide disputes in favor of one party or another,
• Represent someone in the appeal process,
• Make a recommendation to a court or hearing officer, or
• Overturn a final hearing decision.

This bill would formally establish in statute the Office of the Ombudsperson as the Office of the Lanterman Ombudsperson, which would serve all consumers of developmental services. In addition to codifying the office, this bill would add protections for the office and consumers. Namely, this bill would:

1. Grant the Lanterman Ombudsperson access authority to obtain records from a state agency, local agency, or regional center, and a contractor or vendor of a state agency, local agency, or regional center.
2. If the ombudsperson makes a written recommendation, require a state agency, local agency, or regional center, or a contractor or vendor of a state agency, local agency, or regional center to submit a written response to the Lanterman Ombudsperson within 30 days.
3. Grants the Office of the Lanterman Ombudsperson confidentiality protection, including prohibiting the Lanterman Ombudsperson and staff of the ombudsperson from being compelled to testify or be deposed in a judicial or administrative proceeding regarding matters related to their official duties, and exempting records of the Lanterman Ombudsperson and staff of the ombudsperson from disclosure.

Long-Term Care Ombudsman

The State Long-Term Care Ombudsman Program and local ombudsman programs were established by the federal Older Americans Act. The Act provides residents of long-term care facilities with access to effective advocacy in order to ensure that they receive the quality of care and quality of life they deserve and are entitled to by law. The State Long-Term Care Ombudsman is housed within the California Department of Aging.

According to the California Long-Term Care Ombudsman Program Annual Report for Federal Fiscal Year 2022,^[5] the 35 local long-term care ombudsman programs accomplished the following:

• Conducted 63,872 visits to long-term care facilities.
• Provided 81,039 individual consultations on topics such as resident care, Advance Health Care Directives, and Long-Term Care Ombudsman services and responsibilities.
• Investigated 40,003 complaints made by or on behalf of residents in long-term care facilities.
• Resolved or partially resolved 57 percent of complaints to the resident’s satisfaction.
• Responded to 21,143 calls made to a statewide toll-free Long-Term Care Ombudsman CRISISline. Callers reported complaints, obtained assistance with urgent problems, and received information about issues such as resident rights and resident care.

Foster Care Ombudsperson

The Office of the Foster Care Ombudsperson was established by SB 933 (Thompson, Chapter 311, Statutes of 1998), a budget trailer bill. SB 933 directed the Foster Care Ombudsperson to provide information to children in foster care, receive complaints, and refer complaints for investigation or directly investigate complaints. The statute has been expanded to include authority to obtain relevant records and confidentiality protection. The Foster Care Ombudsperson is housed within the California Department of Social Services.

According to the Office of the Foster Care Ombudsperson website, in 2023, the office accomplished the following:

• Answered 25,119 hotline calls.
• Initiated 942 complaints about foster youth rights violations and the care, placement, and services of youth in foster care.
• Wrote 2,307 Dependency Letters, also called Verification Letters or Ward of the Court Letters, for former foster youth.

This bill would establish the Office of the Lanterman Ombudsperson. The bill text is directly based on the current statute governing the Office of the Foster Care Ombudsperson.

Related/Prior Legislation:

AB 136 (Committee on Budget, Chapter 76, Statutes of 2021), a budget trailer bill, established the Office of the SDP Ombudsperson.

SB 933 (Thompson, Chapter 311, Statutes of 1998), a budget trailer bill, established the Office of the Foster Care Ombudsperson.

COMMENTS

This bill seeks to strengthen protections for consumers of developmental services by formally establishing an Office of the Lanterman Ombudsperson. Formally establishing an Office of the Lanterman Ombudsperson will expand the rights and responsibilities of the current Office of the Ombudsperson at DDS, including authority to obtain records, a confidentiality clause, and the requirement of a written response to be provided to the Lanterman Ombudsperson within 30 days.

POSITIONS

Support:

Disability Voices United (DVU) (Co-Sponsor)
Integrated Community Collaborative (Co-Sponsor)
The Arc and United Cerebral Palsy California Collaboration

Oppose:

None

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1. https://www.dds.ca.gov/wp-content/uploads/2025/01/GovernorsBudgetHighlights_20250110.pdf ↑

2. https://scdd.ca.gov/wp-content/uploads/sites/33/2021/09/SDP-Interim-Report-June-30-2021_V5-Master-FINAL.pdf ↑

3. https://scdd.ca.gov/wp-content/uploads/sites/33/2023/08/FINAL_SDP.Eval_.Full_.Report6.30.23Public_8-29-23.Accessible.pdf ↑

4. https://www.dds.ca.gov/initiatives/office-of-the-ombudsperson/ ↑

5. https://aging.ca.gov/download.ashx?lE0rcNUV0zZSgaxMXziH5Q%3d%3d ↑