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Relevant Statutes Regarding Regional Center Governing Board

The Lanterman Developmental Disabilities Services Act

WELFARE AND INSTITUTIONS CODE

SECTION 4620-4632

4620.(a) In order for the state to carry out many of its responsibilities as established in this division, the state shall contract with appropriate agencies to provide fixed points of contact in the community for persons with developmental disabilities and their families, to the end that these persons may have access to the services and supports best suited to them throughout their lifetime. It is the intent of the Legislature in enacting this division that the network of regional centers for persons with developmental disabilities and their families be accessible to every family in need of regional center services. It is the further intent of the Legislature that the design and activities of regional centers reflect a strong commitment to the delivery of direct service coordination and that all other operational expenditures of regional centers are necessary to support and enhance the delivery of direct service coordination and services and supports identified in individual program plans. (b) The Legislature finds that the service provided to individuals and their families by regional centers is of such a special and unique nature that it cannot be satisfactorily provided by state agencies. Therefore, private nonprofit community agencies shall be utilized by the state for the purpose of operating regional centers.

4620.1.The Legislature recognizes the ongoing contributions many parents and family members make to the support and well-being of heir children and relatives with developmental disabilities. It is the intent of the Legislature that the important nature of these relationships be respected and fostered by regional centers and providers of direct services and supports.

4621. The department, within the limitations of funds appropriated, shall contract with appropriate private nonprofit corporations for the establishment of regional centers. Notwithstanding any other provision of law, any contract entered into pursuant to this section may provide for periodic advance payments for services to be performed under such contract. No advance payment made pursuant to this section shall exceed 25 percent of the total annual contract amount.4621.5. Notwithstanding subdivision (c) of Section 1 of Chapter 501of the Statutes of 1971, the department shall, within the limitations of funds appropriated, contract with an appropriate private nonprofit corporation or corporations to operate regional centers as follows: (a) One regional center to serve the Counties of Inyo, Kern, and Mono. (b) One regional center to serve the Counties of Riverside and San Bernardino.

4622. The state shall contract only with agencies, the governing boards of which conform to all of the following criteria: (a) The governing board shall be composed of individuals with demonstrated interest in, or knowledge of, developmental disabilities. (b) The membership of the governing board shall include persons with legal, management, public relations, and developmental disability program skills. (c) The membership of the governing board shall include representatives of the various categories of disability to be served by the regional center. (d) The governing board shall reflect the geographic and ethnic characteristics of the area to be served by the regional center. (e) A minimum of 50 percent of the members of the governing board shall be persons with developmental disabilities or their parents or legal guardians. No less than 25 percent of the members of the governing board shall be persons with developmental disabilities. (f) Members of the governing board shall not be permitted to serve more than six years within each eight-year period. (g) The regional center shall provide necessary training and support to these board members to facilitate their understanding and participation. As part of its monitoring responsibility, the department shall review and approve the method by which training and support are provided to board members to ensure maximum understanding and participation by board members. (h) The governing board may appoint a consumers’ advisory committee composed of persons with developmental disabilities representing the various categories of disability served by the regional center. (i) The governing board shall appoint an advisory committee composed of a wide variety of persons representing the various categories of providers from which the regional center purchases client services. The advisory committee shall provide advice, guidance, recommendations, and technical assistance to the regional center board in order to assist the regional center in carrying out its mandated functions. The advisory committee shall designate one of its members to serve as a member of the regional center board. (j) The governing board shall annually review the performance of the director of the regional center. (k) No member of the board who is an employee or member of the governing board of a provider from which the regional center purchases client services shall do any of the following: (1) Serve as an officer of the board. (2) Vote on any fiscal matter affecting the purchase of services from any regional center provider. (3) Vote on any issue other than as described in paragraph (2), in which the member has a financial interest, as defined in Section87103 of the Government Code, and determined by the regional centerboard. The member shall provide a list of his or her financial interests, as defined in Section 87103, to the regional center board. Nothing in this section shall prevent the appointment to a regional center governing board of a person who meets the criteria for more than one of the categories listed above. This section shall become operative on July 1, 1999.

4623. In the event that the governing board of the regional center is not composed of individuals as specified in subdivisions (a) to(f), inclusive, of Section 4622, such governing board shall establish a program policy committee which is composed of such individuals. The program policy committee shall appoint one of its members to serve as an ex officio member of the governing board.

4624.When the governing board of the regional center is not composed of individuals as specified in subdivisions (a) to (f),inclusive, of Section 4622, the program policy committee to the regional center shall be responsible for establishing the program policies of the regional center. All program policies adopted by a program policy committee shall conform to the provisions of this division and the contract between the department and the governing board.

4625.The department shall not contract with any new regional center contracting agency unless the governing board of the agency is composed of individuals as specified in subdivisions (a) to (f),inclusive, of Section 4622. This section shall become operative on July 1, 1999.

4626.(a) In order to prevent potential conflicts of interest, no member of the governing board or member of the program policy committee of a regional center shall be any of the following: (1) An employee of the State Department of Developmental Services or any state or local agency which provides services to a regional center client, if employed in a capacity which includes administrative or policymaking responsibility, or responsibility for the regulation of the regional center. (2) An employee or a member of the state council. (3) Except as otherwise provided in subdivision (h) of Section4622, an employee or member of the governing board of any entity from which the regional center purchases client services. (4) Any person who has a financial interest, as defined in Section87103 of the Government Code, in regional center operations, except as a consumer of regional center services. (b) Notwithstanding paragraph (1) of subdivision (a), members serving on the governing board or program policy committee of a regional center on January 1, 1982, may continue to serve on the board or committee until the expiration of their term as defined in subdivision (f) of Section 4622. Notwithstanding any other provision of this section, members serving on the governing board or program policy committee of a regional center on January 1, 1982, may continue to serve on the board or committee until the expiration of their current term. Changes in the composition of the board or committee required by amendments to this section that are operative on January 1, 1982, shall apply only to subsequent vacancies on the board or committee.

4627. The director of the department shall promulgate and enforce conflict of interest regulations to insure that members of the governing board, program policy committee, and employees of the regional center make decisions with respect to the regional centers that are in the best interests of the center’s clients and families.

4628. If, for good reason, a contracting agency is unable to meet all the criteria for a governing board established in this chapter, the director may waive such criteria for a period of time, not to exceed one year, with the approval of the California State Council on Developmental Disabilities.

4629. (a) The state shall enter into five-year contracts with regional centers, subject to the annual appropriation of funds by the Legislature. (b) The contracts shall include a provision requiring each regional center to render services in accordance with applicable provision of state laws and regulations. (c) (1) The contracts shall include annual performance objectives that shall do both of the following: (A) Be specific, measurable, and designed to do all of the following: (i) Assist consumers to achieve life quality outcomes. (ii) Achieve meaningful progress above the current baselines. (iii) Develop services and supports identified as necessary to meet identified needs. (B) Be developed through a public process as described in the department’s guidelines that includes, but is not limited to, all of the following: (i) Providing information, in an understandable form, to the community about regional center services and supports, including budget information and baseline data on services and supports and regional center operations. (ii) Conducting a public meeting where participants can provide input on performance objectives and using focus groups or surveys to collect information from the community. (iii) Circulating a draft of the performance objectives to the community for input prior to presentation at a regional center board meeting where additional public input will be taken and considered before adoption of the objectives. (2) In addition to the performance objectives developed pursuant to this section, the department may specify in the performance contract additional areas of service and support that require development or enhancement by the regional center. In determining those areas, the department shall consider public comments from individuals and organizations within the regional center catchment area, the distribution of services and supports within the regional center catchment area, and review how the availability of services and supports in the regional area catchment area compares with other regional center catchment areas. (d) Each contract with a regional center shall specify steps to betaken to ensure contract compliance, including, but not limited to, all of the following: (1) Incentives that encourage regional centers to meet or exceed performance standards. (2) Levels of probationary status for regional centers that do not meet, or are at risk of not meeting, performance standards. The department shall require that corrective action be taken by any regional center which is placed on probation. Corrective action may include, but is not limited to, mandated consultation with designated representatives of the Association of Regional Center Agencies or a management team designated by the department, or both. The department shall establish the specific timeline for the implementation of corrective action and monitor its implementation. When a regional center is placed on probation, the department shall provide the California State Council on Developmental Disabilities with a copy of the correction plan, timeline, and any other action taken by the department relating to the probationary status of the regional center. (e) In order to evaluate the regional center’s compliance with its contract performance objectives and legal obligations related to those objectives, the department shall do both of the following: (1) Annually assess each regional center’s achievement of its previous year’s objectives and make the assessment, including baseline data and performance objectives of the individual regional centers, available to the public. The department may make a special commendation of the regional centers that have best engaged the community in the development of contract performance objectives and have made the most meaningful progress in meeting or exceeding contract performance objectives. (2) Monitor the activities of the regional center to ensure compliance with the provisions of its contracts, including, but notlimited to, reviewing all of the following: (A) The regional center’s public process for compliance with theprocedures sets forth in paragraph (2) of subdivision (c). (B) Each regional center’s performance objectives for compliance with the criteria set forth in paragraph (1) of subdivision (c). (C) Any public comments on regional center performance objectives sent to the department or to the regional centers, and soliciting public input on the public process and final performance standards. (f) The renewal of each contract shall be contingent upon compliance with the contract including, but not limited to, theperformance objectives, as determined through the department’s evaluation.

4630. The contract between the state and the contracting agency shall not: (a) Require information that violates client confidentiality. (b) Prevent a regional center from employing innovative programs, techniques, or staffing arrangements which may reasonably be expected to enhance program effectiveness. (c) Contain provisions which impinge upon the legal rights of private corporations chartered under California statutes. (d) Prevent the right of employees of a regional center to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection. Nothing in this subdivision shall be construed to limit the state’s authority to contract within available funds pursuant to Section 4621 or to obligate the state to appropriate funds in excess of those
appropriated in the then current Budget Act.

4631. (a) In order to provide to the greatest extent practicable a larger degree of uniformity and consistency in the services, funding, and administrative practices of regional centers throughout the state, the State Department of Developmental Services shall, in consultation with the regional centers, adopt regulations prescribing a uniform accounting system, a uniform budgeting and encumbrancing system, a systematic approach to administrative practices and procedures, and a uniform reporting system which shall include: (1) Number and costs of diagnostic services provided by each regional center. (2) Number and costs of services by service category purchased by each regional center. (3) All other administrative costs of each regional center. (b) The department’s contract with a regional center shall require strict accountability and reporting of all revenues and expenditures, and strict accountability and reporting as to the effectiveness of the regional center in carrying out its program and fiscal responsibilities as established herein. (c) The Director of Developmental Services shall publish a report of the financial status of all regional centers and their operations by December 31 of each year. At a minimum, the report shall include each regional center’s budget and actual expenditures for the previous fiscal year and each center’s budget and projected expenditures for the current fiscal year.

4632. If the department and a regional center are unable to resolve any contract dispute, including disputes between the regional center and the department over whether a contract should be renewed or continued, either party may request the state council to review and advise with regard to the issues in dispute. The state council shall review and shall provide its advice in writing within 30 days of receiving a request for such review and advice. Copies of the state council’s advice shall be transmitted to the Director of Developmental Services and the governing board of the regional center. The state council’s advice shall not be binding upon either party.

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