CA SB 138
Title: Human services.
Author: Senate Budget and Fiscal Review Committee
Summary
SB 138, Committee on Budget and Fiscal Review. Human services. (1) Existing law establishes the State Department of Developmental Services and vests in the department jurisdiction over various state hospitals, referred to as developmental centers, to provide care to persons with developmental disabilities. Existing law requires the department to contract with regional centers to provide services and supports to individuals with developmental disabilities and their families. Existing law requires a regional center to notify the appropriate regional resource development project when the regional center determines or is informed, as specified, that the community placement of a consumer is at risk of failing and that admittance to an acute crisis home operated by the department is a likelihood or the regional center is notified by a court of a potential admission to an acute crisis home operated by the department.Existing law requires the department to notify the court, in writing, if the regional resource development project determines that a consumer cannot be safely served in an acute crisis home operated by the department, as specified.This bill would require the department, when the regional resource development project determines that a consumer cannot be safely served in an acute crisis home operated by the department, to continue to work jointly with the regional center to identify or develop alternative services and supports and implement the alternative services and supports that are identified or developed.Existing law prohibits the regional resource development project, in consultation with specific parties, from making a determination that admittance to an acute crisis home operated by the department is necessary unless the determination includes a regional center report that details all considered community-based services and supports, including a crisis home and an explanation why the options could not meet the consumer’s needs.The bill would also require the determination that admittance to an acute crisis home is necessary to include consideration of a supported living arrangement, among other options. This bill would prohibit an acute crisis home operated by the department from utilizing specific interventions, including, among other things, prone restraints and seclusion, as defined.(2) Existing law requires the State Department of Developmental Services, no later than April 1, as specified, to submit a detailed plan to the Legislature whenever the department proposes the closure of a state developmental center. Existing law requires the department, in conjunction with the Governor’s proposed 2023–24 budget, to submit to the Legislature an updated version of a specified safety net plan regarding how the department will provide access to crisis services after the closure of a developmental center and how the state will maintain its role in providing residential services to those whom private sector vendors cannot or will not serve. Existing law requires the plan update, among other provisions, to evaluate the progress made to create a safety net, including services or residences intended to facilitate transitions or diversions from institutions for mental disease, the Canyon Springs Community Facility, the secure treatment program at Porterville Developmental Center, prisons or jails, or other restrictive settings.This bill would authorize the establishment of a residential program in the community for adolescents and adults with complex needs, as defined, as part of the safety net plan to provide access to crisis services, as described above. The bill would authorize the development of up to 3 complex needs homes, as defined, with a maximum capacity of 5 beds per home and would prohibit any stay in a complex needs home from exceeding 18 months, except as specified. The bill establishes certain procedures to be followed prior to, and following, a consumer’s admission to a complex needs home due to an acute crisis
Status
Chaptered by Secretary of State. Chapter 192, Statutes of 2023.
Bill Documents
CA SB 138 - 09/13/23 - Chaptered
09/13/23 - CA SB 138 (09/13/23 - Chaptered)
CA SB 138 - 09/13/23 - Enrolled
09/13/23 - CA SB 138 (09/13/23 - Enrolled)
CA SB 138 - 08/28/23 - Amended Assembly
08/28/23 - CA SB 138 (08/28/23 - Amended Assembly)
CA SB 138 - 01/18/23 - Introduced
01/18/23 - CA SB 138 (01/18/23 - Introduced)