reglab/statecodes huggingface dataset:
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.1 - DEVELOPMENTAL SERVICES › PART 2 - ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED › CHAPTER 1 - Jurisdiction and General Government › Section 4474.16.

4474.16. (a) (1) On or before January 10, 2023, and in conjunction with the Governor’s proposed 2023–24 budget, the State Department of Developmental Services shall submit to the Legislature an updated version of the safety net plan that was originally submitted pursuant to subdivision (a) of Section 4474.15.
(2) The updated plan shall be developed in consultation with stakeholders and shall do all of the following:
(A) 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, carceral settings such as prisons or jails, or other restrictive settings. This evaluation shall include data on the number of consumers who transitioned from those facilities since 2019, and to which setting type or living option.
(B) Identify areas the stakeholder community suggests evaluating and recommendations from the stakeholder community, which may include, but is not limited to, best practices for supporting individuals at risk of placement in restrictive settings, expanding or refining existing service or models of care, and developing new models of care for individuals whom private sector vendors cannot or will not serve.
(C) Provide data on the number of adolescents and adults with complex needs, statewide and by regional center, the number of special incidents involving restraints, as described in subparagraph (B) of paragraph (1) of subdivision (b) of Section 54327 of Title 17 of the California Code of Regulations, and the number of admissions to institutions for mental diseases funded by regional centers and to the Canyon Springs Community Facility between January 1, 2020, and December 31, 2021.
(D) The department’s strategic planning process, including how the department identifies service gaps, and how the department plans to address future needs in the community.
(b) Commencing July 1, 2023, and until December 31, 2026, the department shall provide quarterly updates to the appropriate policy and fiscal committees of the Legislature on the steps foreseen, planned, and completed in the development of services under the department’s update to the Legislature pursuant to subdivision (a).
(c) Commencing July 1, 2023, and until December 31, 2026, the department shall make quarterly updates to the plan available on its internet website.
(d) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.
(e) For purposes of this section, “adolescents and adults with complex needs” has the same meaning as a “consumer with complex needs,” as defined in subparagraph (C) of paragraph (4) of subdivision (c) of Section 4640.6.
(Amended by Stats. 2022, Ch. 49, Sec. 13. (SB 188) Effective June 30, 2022.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.1 - DEVELOPMENTAL SERVICES › PART 2 - ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED › CHAPTER 1 - Jurisdiction and General Government › Section 4474.2.

4474.2. (a) Notwithstanding any other law, the department may operate any facility, provide its employees to assist in the operation of any facility, or provide other necessary services and supports if, in the discretion of the department, it determines that the activity will assist in meeting the goal of successfully transitioning developmental center residents to community living or deflecting the admission of individuals with developmental disabilities to a developmental center, an institution for mental disease, an out-of-state placement, a general acute care hospital, or an acute psychiatric hospital. The department may contract with any entity for the use of the department’s employees to provide services and supports in furtherance of this goal.
(b) The department shall prepare a report on the use of the department’s employees in providing services in the community pursuant to this section. The report shall include data on the number and classification of state employees working in the community program. The report shall include recommendations on whether the program should be continued or ways in which the program may be improved. Notwithstanding Section 10231.5 of the Government Code, the report shall be submitted with the Governor’s proposed budget for the 2015–16 fiscal year to the fiscal committees of both houses of the Legislature and annually thereafter.
(Amended by Stats. 2014, Ch. 30, Sec. 11. (SB 856) Effective June 20, 2014.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.1 - DEVELOPMENTAL SERVICES › PART 2 - ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED › CHAPTER 1 - Jurisdiction and General Government › Section 4474.3.

4474.3. The provisions of Section 10411 of the Public Contract Code shall not apply to any person who provides developmental services and supports to individuals transitioning from a developmental center to community living or to individuals with developmental disabilities at risk of admission to a developmental center, an institution for mental disease, an out-of-state placement, a general acute care hospital, or an acute psychiatric hospital, pursuant to Section 4474.2.
(Amended by Stats. 2014, Ch. 30, Sec. 12. (SB 856) Effective June 20, 2014.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.1 - DEVELOPMENTAL SERVICES › PART 2 - ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED › CHAPTER 1 - Jurisdiction and General Government › Section 4474.4.

4474.4. Notwithstanding any other provision of law to the contrary, the Secretary of California Health and Human Services shall verify that the State Department of Developmental Services and the State Department of Health Care Services have established protocols in place between the departments, as well as with the regional centers and health care plans participating in the Medi-Cal program who will be providing services, including health, dental, and vision care, to people with developmental disabilities transitioning from Agnews Developmental Center and Lanterman Developmental Center.
The Secretary of California Health and Human Services shall provide written verification of the establishment of these protocols to the Joint Legislative Budget Committee, as well as to the fiscal and policy committees of the Legislature that oversee health and human services programs.
The purpose of the protocols is to ensure that a mutual goal of providing appropriate, high-quality care and services to children and adults who have developmental disabilities in order to optimize the health and welfare of each individual. Further, the purpose of the protocols is to ensure that all involved parties, including consumers and families, the state, regional centers, and providers, are clear as to their roles and responsibilities, and are appropriately accountable for optimizing the health and welfare of each individual.
The protocols, at a minimum, shall address enrollment for services, all referral practices, including those to specialty care, authorization practices for services of all involved parties, coordination of case management services, education and training services to be provided, the management of medical records, and provider reimbursement methods. These protocols shall be provided to the consumers and their families, and be made available to the public upon request.
(Amended by Stats. 2010, Ch. 717, Sec. 120. (SB 853) Effective October 19, 2010.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.1 - DEVELOPMENTAL SERVICES › PART 2 - ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED › CHAPTER 1 - Jurisdiction and General Government › Section 4474.6.

4474.6. (a) The State Department of Developmental Services and the State Department of Health Care Services shall coordinate the transition of health care services for Medi-Cal eligible consumers who are transitioning from a developmental center into the community.
(b) In order to meet the unique medical health needs of consumers who will be transitioning from a developmental center into the community, whose individual program plans document the need for coordinated medical and specialty care, and who are Medi-Cal eligible, the State Department of Health Care Services shall issue transition requirements including referral practices, service authorization practices, coordination of case management services, education and training services, and the management and sharing of medical records, to applicable Medi-Cal managed care health plans and monitor compliance. These transition requirements shall include, but are not limited to, processes for individuals assigned to a Medi-Cal managed care plan which promote coordination of care during and following the transition, identification of providers prior to a transition occurring, and the continuation of medically necessary covered services. These processes shall be described in a transition plan which will be shared with stakeholders prior to being finalized. The final transition plan shall be submitted to the Joint Legislative Budget Committee no later than December 31, 2016.
(c) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the State Department of Health Care Services may implement, interpret, or make specific this section, in whole or in part, by means of all-county letters, plan letters, plan or provider bulletins, policy letters, or other similar instructions, without taking regulatory action.
(d) The State Department of Health Care Services shall implement this section only to the extent that any necessary federal approvals are obtained and federal financial participation is available.
(Added by Stats. 2016, Ch. 26, Sec. 6. (AB 1606) Effective June 27, 2016.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.1 - DEVELOPMENTAL SERVICES › PART 2 - ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED › CHAPTER 1 - Jurisdiction and General Government › Section 4474.8.

4474.8. Notwithstanding any other provision of law to the contrary, the State Department of Developmental Services shall continue the operation of the Agnews Outpatient Clinic and the Lanterman Outpatient Clinic until such time as the State Department of Developmental Services is no longer responsible for the property at the respective developmental center, as applicable.
(Amended by Stats. 2010, Ch. 717, Sec. 122. (SB 853) Effective October 19, 2010.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.1 - DEVELOPMENTAL SERVICES › PART 2 - ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED › CHAPTER 2 - Boards of Trustees and Other Advisory Boards › Section 4475.

4475. (a) Each developmental center under the jurisdiction of the State Department of Developmental Services shall have a developmental center advisory board of eight members appointed by the Governor from a list of nominations submitted to him or her by the boards of supervisors of counties within each developmental center’s designated service area. If a state hospital and developmental center provides services for both persons with mental disorders and persons with developmental disabilities, there shall be a separate advisory board for the program provided the persons with mental disorders and a separate board for the program provided the persons with developmental disabilities. To the extent feasible, an advisory board serving a developmental center for persons with developmental disabilities shall consist of two relatives of persons with developmental disabilities who are residents in that developmental center, three representatives of professional disciplines who are not employees of the state developmental center system, but who are serving persons with developmental disabilities, two representatives of the general public who have demonstrated an interest in services to persons with developmental disabilities, and one current or former resident of a state developmental center.
(b) Each appointment to the advisory board shall be for the term of three years, except that an appointment to fill a vacancy shall be for the unexpired term only. No person shall be appointed to serve more than a maximum of two terms as a member of the board.
(Amended by Stats. 1994, Ch. 1095, Sec. 2. Effective September 29, 1994.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.1 - DEVELOPMENTAL SERVICES › PART 2 - ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED › CHAPTER 2 - Boards of Trustees and Other Advisory Boards › Section 4476.

4476. No person shall be eligible for appointment to a developmental center advisory board if he or she is a Member of the Legislature or an elective state officer, and if that person becomes a Member of the Legislature or an elective state officer after his or her appointment his or her office shall be vacated and a new appointment made. If any appointee fails to attend three consecutive regular meetings of the board, unless he or she is ill or absent from the state, his or her office becomes vacant, and the board, by resolution, shall so declare, and shall transmit a certified copy of that resolution to the Governor immediately.
(Amended by Stats. 1994, Ch. 1095, Sec. 3. Effective September 29, 1994.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.1 - DEVELOPMENTAL SERVICES › PART 2 - ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED › CHAPTER 2 - Boards of Trustees and Other Advisory Boards › Section 4477.

4477. The advisory boards of the several state developmental centers are advisory to the State Department of Developmental Services and the Legislature with power of visitation and advice with respect to the conduct of the developmental centers and coordination with community mental health programs or regional programs for persons with developmental disabilities. The members of the boards shall serve without compensation other than necessary expenses incurred in the performance of duty. They shall organize and elect a chairperson. They shall meet at least once every three months and at any other times they are called by the chairperson, by the medical director, by the head of the department, or by a majority of the board. No expenses shall be allowed except in connection with meetings so held. The advisory board or boards of each developmental center or state hospital and developmental center may make a written report on its activities.
(Amended by Stats. 1994, Ch. 1095, Sec. 4. Effective September 29, 1994.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.1 - DEVELOPMENTAL SERVICES › PART 2 - ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED › CHAPTER 2 - Boards of Trustees and Other Advisory Boards › Section 4478.

4478. (a) The chairperson of an advisory board advising a developmental center shall meet annually with the developmental center director, the regional center directors, and a representative of the State Council on Developmental Disabilities.
(b) The chairpersons shall be allowed necessary expenses incurred in attending these meetings.
(c) It is the intent of the Legislature that the department assist the development of annual regional meetings required by this section.
(Amended by Stats. 2014, Ch. 409, Sec. 4. (AB 1595) Effective January 1, 2015.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.1 - DEVELOPMENTAL SERVICES › PART 2 - ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED › CHAPTER 3 - Officers and Employees › Section 4480.

4480. As used in this article, “officers” of a state hospital means:
(a) Clinical director.
(b) Hospital administrator.
(c) Hospital director.
(Added by Stats. 1977, Ch. 1252.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.1 - DEVELOPMENTAL SERVICES › PART 2 - ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED › CHAPTER 3 - Officers and Employees › Section 4481.

4481. (a) The Director of Developmental Services shall appoint and define the duties, subject to the laws governing civil service, of the clinical director and the hospital administrator for each state hospital. The director shall appoint either the clinical director or the hospital administrator to be the hospital director.
(b) The director shall appoint a medical director for each state hospital where neither the hospital director nor the clinical director is a licensed physician. The medical director shall be a physician licensed to practice medicine in California and shall be responsible for standards, coordination, surveillance, and planning for improvement of medical care in the facility. The director shall accomplish the requirements of this subdivision by a reclassification and redirection of non-level-of-care administrative positions in existence on December 31, 1983.
(c) The director shall appoint a program director for each program at a state hospital. In each hospital for the developmentally disabled, the director may appoint a medical program director.
(Amended by Stats. 1984, Ch. 1262, Sec. 1.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.1 - DEVELOPMENTAL SERVICES › PART 2 - ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED › CHAPTER 3 - Officers and Employees › Section 4482.

4482. The Director of the State Department of Developmental Services shall have the final authority for determining all other employee needs after consideration of program requests from the various hospitals, and with the concurrence of the Health and Welfare Agency, the State Personnel Board, the Department of Finance and the Department of General Services, as appropriate, may establish positions to assist with the planning, development, direction, management, supervision, and evaluation of patient, administrative and support services in the hospital facility.
(Amended by Stats. 1980, Ch. 1191, Sec. 7. Effective September 29, 1980.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.1 - DEVELOPMENTAL SERVICES › PART 2 - ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED › CHAPTER 3 - Officers and Employees › Section 4483.

4483. Salaries of resident and other officers and wages of employees shall be included in the budget estimates of, and paid in the same manner as other expenses of, the state hospitals.
(Added by Stats. 1977, Ch. 1252.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.1 - DEVELOPMENTAL SERVICES › PART 2 - ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED › CHAPTER 3 - Officers and Employees › Section 4484.

4484. The primary purpose of a state hospital is the medical and nursing care of patients who are developmentally disabled. The efforts and direction of the officers and employees of each state hospital shall be directed to this end.
(Added by Stats. 1977, Ch. 1252.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.1 - DEVELOPMENTAL SERVICES › PART 2 - ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED › CHAPTER 3 - Officers and Employees › Section 4485.

4485. Subject to the rules and regulations established by the department, and under the supervision of the hospital director when the hospital director is the hospital administrator, the clinical director of each state hospital shall be responsible for the planning, development, direction, management, supervision, and evaluation of all patient services, and of the supervision of research and clinical training.
(Amended by Stats. 1984, Ch. 1262, Sec. 2.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.1 - DEVELOPMENTAL SERVICES › PART 2 - ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED › CHAPTER 3 - Officers and Employees › Section 4486.

4486. Subject to the rules and regulations established by the department, under the supervision of the hospital director when the hospital director is the clinical director, the hospital administrator shall be responsible for the planning, development, direction, management and supervision of all administrative and supportive services in the hospital facility. Such services include, but are not limited to:
(a) All administrative functions such as personnel, accounting, budgeting, and patients’ accounts.
(b) All life-support functions such as food services, facility maintenance and patient supplies.
(c) All other business and security functions.
It shall be the responsibility of the hospital administrator to provide support services, as specified in this section, within available resources, to all hospital treatment programs.
(Added by Stats. 1977, Ch. 1252.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.1 - DEVELOPMENTAL SERVICES › PART 2 - ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED › CHAPTER 3 - Officers and Employees › Section 4487.

4487. The hospital director is the chief executive officer of the hospital and is responsible for all hospital operations. If the hospital director is the clinical director, then the hospital administrator is responsible to him; if the hospital director is the hospital administrator, then the clinical director is responsible to him.
(Added by Stats. 1977, Ch. 1252.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.1 - DEVELOPMENTAL SERVICES › PART 2 - ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED › CHAPTER 3 - Officers and Employees › Section 4488.

4488. As often as a vacancy occurs in a hospital under the jurisdiction of the Director of Developmental Services, he shall appoint, as provided in Section 4481, a clinical director, a hospital administrator, a hospital director, a medical program director, and program directors.
A hospital administrator shall be a college graduate preferably with an advanced degree in hospital, business or public administration and shall have had experience in this area. He shall receive a salary which is competitive with other private and public mental hospital administrators.
A clinical director for a state hospital for the developmentally disabled shall be a person who is a physician, psychologist, registered nurse, clinical social worker, physical therapist or psychiatric technician, and licensed as such pursuant to the Business and Professions Code, or a person who is a rehabilitation therapist, or a person who possesses a valid and unrevoked teaching credential which authorizes specialist instruction in special education in grades kindergarten through 12 or in the community college, or a person who has had at least five years of experience teaching the developmentally disabled. The clinical director for any state hospital shall be well qualified by training or experience to have proven skills in mental hospital program administration.
The hospital director shall be either the hospital administrator or the clinical director. He shall be selected based on his overall knowledge of the hospital, its programs, and its relationship to its community, and on his demonstrated abilities to administer a large facility.
The standards for the professional qualifications of a program director shall be established by the Director of Developmental Services for each patient program. The director shall not adopt any regulations which prohibit a licensed psychiatrist, psychologist, psychiatric technician, or clinical social worker from employment in a patient program in any professional, administrative, or technical position; provided, however, that the program director of a medical-surgical unit shall be a licensed physician.
If the program director is not a physician, a physician shall be available to assume responsibility for all those acts of diagnosis, treatment, or prescribing or ordering of drugs which may only be performed by a licensed physician.
A medical program director for a state hospital for the developmentally disabled shall be a physician who has passed, or shall pass, an examination for a license to practice medicine in California and who shall be a qualified specialist in a branch of medicine which includes diseases affecting the brain and nervous system, and the care, treatment, and habilitation of the developmentally disabled.
(Amended by Stats. 1978, Ch. 100.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.1 - DEVELOPMENTAL SERVICES › PART 2 - ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED › CHAPTER 3 - Officers and Employees › Section 4489.

4489. The hospital director is responsible for the overall management of the hospital. In his absence one of the other hospital officers or in the absence of both officers a program director shall be designated to perform his duties and assume his responsibilities.
(Added by Stats. 1977, Ch. 1252.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.1 - DEVELOPMENTAL SERVICES › PART 2 - ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED › CHAPTER 3 - Officers and Employees › Section 4491.

4491. The hospital administrator shall be responsible for preserving the peace in the hospital buildings and grounds and may arrest or cause the arrest and appearance before the nearest magistrate for examination, of all persons who attempt to commit or have committed a public offense thereon.
(Added by Stats. 1977, Ch. 1252.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.1 - DEVELOPMENTAL SERVICES › PART 2 - ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED › CHAPTER 3 - Officers and Employees › Section 4492.

4492. The hospital director may establish rules and regulations not inconsistent with law or departmental regulations, concerning the care and treatment of patients, research, clinical training, and for the government of the hospital buildings and grounds. Any person who knowingly or willfully violates such rules and regulations may, upon the order of either of the hospital officers, be ejected from the buildings and premises of the hospital.
(Added by Stats. 1977, Ch. 1252.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.1 - DEVELOPMENTAL SERVICES › PART 2 - ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED › CHAPTER 3 - Officers and Employees › Section 4493.

4493. The hospital administrator of each state hospital may designate, in writing, as a police officer, one or more of the bona fide employees of the hospital. The hospital administrator and each such police officer have the powers and authority conferred by law upon peace officers listed in Section 830.38 of the Penal Code. Such police officers shall receive no compensation as such and the additional duties arising therefrom shall become a part of the duties of their regular positions. When and as directed by the hospital administrator, such police officers shall enforce the rules and regulations of the hospital, preserve peace and order on the premises thereof, and protect and preserve the property of the state.
(Amended by Stats. 1989, Ch. 1165, Sec. 50.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.1 - DEVELOPMENTAL SERVICES › PART 2 - ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED › CHAPTER 3 - Officers and Employees › Section 4494.

4494. The Director of Developmental Services may set aside and designate any space on the grounds of any of the institutions under the jurisdiction of the department that is not needed for other authorized purposes, to enable such institution to establish and maintain therein a store or canteen for the sale to or for the benefit of patients of the institution of candies, cigarettes, sundries and other articles. The stores shall be conducted subject to the rules and regulations of the department and the rental, utility and service charges shall be fixed as will reimburse the institutions for the cost thereof. The stores when conducted under the direction of a hospital administrator shall be operated on a nonprofit basis but any profits derived shall be deposited in the benefit fund of each such institution as set forth in Section 4465.
Before any store is authorized or established, the Director of Developmental Services shall first determine that such facilities are not being furnished adequately by private enterprise in the community where it is proposed to locate the store, and may hold public hearings or cause surveys to be made, to determine the same.
The Director of Developmental Services may rent such space to private individuals, for the maintenance of a store or canteen at any of the said institutions upon such terms and subject to such regulations as are approved by the Department of General Services, in accordance with the provisions of Section 13109 of the Government Code. The terms imposed shall provide that the rental, utility and service charges to be paid shall be fixed so as to reimburse the institution for the cost thereof and any additional charges required to be paid shall be deposited in the benefit fund of such institution as set forth in Section 4465.
(Added by Stats. 1977, Ch. 1252.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.1 - DEVELOPMENTAL SERVICES › PART 2 - ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED › CHAPTER 3 - Officers and Employees › Section 4495.

4495. Wherever the term “superintendent” appears, the term shall be deemed to mean clinical director, except in Sections 4450, 4466, 4467, 4469, 7281, and 7289, where the term shall be deemed to mean hospital administrator.
(Amended by Stats. 1984, Ch. 1262, Sec. 3.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.1 - DEVELOPMENTAL SERVICES › PART 2 - ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED › CHAPTER 3 - Officers and Employees › Section 4496.

4496. Subject to rules and regulations adopted by the department, the hospital director may establish a sheltered workshop at a state hospital to provide patients with remunerative work performed in a setting which simulates that of industry and is performed in such a manner as to meet standards of industrial quality. The workshop shall be so operated as to provide the treatment staff with a realistic atmosphere for assessing patients’ capabilities in work settings, and to provide opportunities to strengthen and expand patient interests and aptitudes.
(Added by Stats. 1977, Ch. 1252.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.1 - DEVELOPMENTAL SERVICES › PART 2 - ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED › CHAPTER 3 - Officers and Employees › Section 4497.

4497. At each state hospital at which there is established a sheltered workshop, there shall be a sheltered workshop fund administered by the clinical director. The fund shall be used for the purchase of materials, for the purchase or rental of equipment needed in the manufacturing, fabricating, or assembly of products, for the payment of remuneration to patients engaged in work at the workshop, and for the payment of such other costs of the operation of the workshop as may be directed by the medical director. The clinical director may cause the raw materials, goods in process, finished products, and equipment necessary for the production thereof to be insured against any and all risks of loss, subject to the approval of the Department of General Services. The costs of such insurance shall be paid from the sheltered workshop fund.
All money received from the manufacture, fabrication, assembly, or distribution of products at any state hospital sheltered workshop shall be deposited and credited to the hospital’s sheltered workshop fund.
(Added by Stats. 1977, Ch. 1252.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.1 - DEVELOPMENTAL SERVICES › PART 2 - ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED › CHAPTER 3 - Officers and Employees › Section 4498.

4498. To assure a continuous level of competency for all state hospital treatment personnel under the jurisdiction of the State Department of Developmental Services, the department shall provide adequate in-service training programs for such state hospital treatment personnel.
(Repealed and added by Stats. 1978, Ch. 429.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.1 - DEVELOPMENTAL SERVICES › PART 2 - ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED › CHAPTER 3 - Officers and Employees › Section 4499.

4499. To assure an adequate supply of licensed psychiatric technicians for state hospitals for the developmentally disabled, the State Department of Developmental Services, to the extent necessary, shall establish in state hospitals for the developmentally disabled a course of study and training equivalent, as determined by the Board of Vocational Nurse and Psychiatric Technician Examiners, to the minimum requirements of an accredited program for psychiatric technicians in the state. No unlicensed psychiatric technician trainee shall be permitted to perform the duties of a licensed psychiatric technician as provided by Section 4502 of the Business and Professions Code unless such trainee performs such duties pursuant to a plan of supervision approved by the Board of Vocational Nurse and Psychiatric Technician Examiners as part of the equivalency trainee program. This section shall not be construed to reduce the effort presently expended by the community college system or private colleges in training psychiatric technicians.
(Added by Stats. 1978, Ch. 429.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.5 - SERVICES FOR THE DEVELOPMENTALLY DISABLED › CHAPTER 1 - Title and Intent › Section 4500.5.

4500.5. The Legislature makes the following findings regarding the State of California’s responsibility to provide services to persons with developmental disabilities, and the right of those individuals to receive services, pursuant to this division:
(a) Since the enactment of this division in 1977, the number of consumers receiving services under this division has substantially increased and the nature, variety, and types of services necessary to meet the needs of the consumers and their families have also changed. Over the years the concept of service delivery has undergone numerous revisions. Services that were once deemed desirable by consumers and families may now no longer be appropriate, or the means of service delivery may be outdated.
(b) As a result of the increased demands for services and changes in the methods in which those services are provided to consumers and their families, the value statements and principles contained in this division should be updated.
(c) It is the intent of the Legislature, in enacting the act that added this section, to update existing law; clarify the role of consumers and their families in determining service needs; and to describe more fully service options available to consumers and their families, pursuant to the individual program plan. Nothing in these provisions shall be construed to expand the existing entitlement to services for persons with developmental disabilities set forth in this division.
(d) It is the intent of the Legislature that the department monitor regional centers so that an individual consumer eligible for services and supports under this division receive the services and supports identified in his or her individual program plan.
(Amended by Stats. 1997, Ch. 414, Sec. 4. Effective September 22, 1997.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.5 - SERVICES FOR THE DEVELOPMENTALLY DISABLED › CHAPTER 1 - Title and Intent › Section 4501.5.

4501.5. In counties where State Department of Developmental Services hospitals are located, the state hospitals shall ensure that appropriate special education and related services, pursuant to Chapter 8 (commencing with Section 56850) of Part 30 of the Education Code, are provided eligible individuals with exceptional needs residing in state hospitals.
(Added by Stats. 1980, Ch. 1191, Sec. 8. Effective September 29, 1980.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.5 - SERVICES FOR THE DEVELOPMENTALLY DISABLED › CHAPTER 1.3 - Persons With Developmental Disabilities Bill of Rights › Section 4502.

4502. (a) Persons with developmental disabilities have the same legal rights and responsibilities guaranteed all other individuals by the United States Constitution and laws and the Constitution and laws of the State of California. An otherwise qualified person by reason of having a developmental disability shall not be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity that receives public funds.
(b) 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.
(Amended by Stats. 2014, Ch. 178, Sec. 3. (AB 1687) Effective January 1, 2015.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.5 - SERVICES FOR THE DEVELOPMENTALLY DISABLED › CHAPTER 1.3 - Persons With Developmental Disabilities Bill of Rights › Section 4502.1.

4502.1. (a) The right of individuals with developmental disabilities to make choices in their own lives requires that all public or private agencies receiving state funds for the purpose of serving persons with developmental disabilities, including, but not limited to, regional centers, shall respect the choices made by a consumer or, if appropriate, the consumer’s parents, legal guardian, conservator, or authorized representative. Those public or private agencies shall provide consumers with opportunities to exercise decisionmaking skills in any aspect of day-to-day living and shall provide consumers with relevant information in an understandable form to aid the consumer in making his or her choice.
(b) A regional center shall provide information in a manner that is culturally and linguistically appropriate for the consumer, or, when appropriate, the consumer’s parents, legal guardian, conservator, or authorized representative, including providing alternative communication services, as required by Article 9.5 (commencing with Section 11135) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code and the regulations implementing that article.
(Amended by Stats. 2017, Ch. 474, Sec. 1. (AB 959) Effective January 1, 2018.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.5 - SERVICES FOR THE DEVELOPMENTALLY DISABLED › CHAPTER 1.3 - Persons With Developmental Disabilities Bill of Rights › Section 4503.

4503. Each person with developmental disabilities who has been admitted or committed to a state hospital, community care facility as defined in Section 1502 of the Health and Safety Code, or a health facility as defined in Section 1250 of the Health and Safety Code shall have the following rights, a list of which shall be prominently posted in English, Spanish, and other appropriate languages, in all facilities providing those services and otherwise brought to his or her attention by any additional means as the Director of Developmental Services may designate by regulation:
(a) To wear his or her own clothes, to keep and use his or her own personal possessions including his or her toilet articles, and to keep and be allowed to spend a reasonable sum of his or her own money for canteen expenses and small purchases.
(b) To have access to individual storage space for his or her private use.
(c) To see visitors each day.
(d) To have reasonable access to telephones, both to make and receive confidential calls.
(e) To have ready access to letterwriting materials, including stamps, and to mail and receive unopened correspondence.
(f) To refuse electroconvulsive therapy.
(g) To refuse behavior modification techniques which cause pain or trauma.
(h) To refuse psychosurgery notwithstanding the provisions of Sections 5325, 5326, and 5326.3. Psychosurgery means those operations currently referred to as lobotomy, psychiatric surgery, and behavioral surgery and all other forms of brain surgery if the surgery is performed for any of the following purposes:
(1) Modification or control of thoughts, feelings, actions, or behavior rather than the treatment of a known and diagnosed physical disease of the brain.
(2) Modification of normal brain function or normal brain tissue in order to control thoughts, feelings, action, or behavior.
(3) Treatment of abnormal brain function or abnormal brain tissue in order to modify thoughts, feelings, actions, or behavior when the abnormality is not an established cause for those thoughts, feelings, actions, or behavior.
(i) To make choices in areas including, but not limited to, his or her daily living routines, choice of companions, leisure and social activities, and program planning and implementation.
(j) Other rights, as specified by regulation.
(Amended by Stats. 2003, Ch. 62, Sec. 324. Effective January 1, 2004.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.5 - SERVICES FOR THE DEVELOPMENTALLY DISABLED › CHAPTER 1.3 - Persons With Developmental Disabilities Bill of Rights › Section 4504.

4504. The professional person in charge of the facility or his designee may, for good cause, deny a person any of the rights specified under subdivisions (a), (b), (c), (d), and (e) of Section 4503. To ensure that these rights are denied only for good cause, the Director of Developmental Services shall adopt regulations specifying the conditions under which they may be denied. Denial of a person’s rights shall in all cases be entered into the person’s treatment record and shall be reported to the Director of Developmental Services on a quarterly basis. The content of these records shall enable the Director of Developmental Services to identify individual treatment records, if necessary, for future analysis and investigation. These reports shall be available, upon request, to Members of the Legislature. Information pertaining to denial of rights contained in the person’s treatment record shall be made available, on request, to the person, his attorney, his parents, his conservator or guardian, the State Department of Developmental Services, and Members of the Legislature.
(Added by Stats. 1977, Ch. 1252.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.5 - SERVICES FOR THE DEVELOPMENTALLY DISABLED › CHAPTER 1.3 - Persons With Developmental Disabilities Bill of Rights › Section 4505.

4505. For the purposes of subdivisions (f) and (g) of Section 4503, if the patient is a minor age 15 years or over, the right to refuse may be exercised either by the minor or his parent, guardian, conservator, or other person entitled to his custody.
If the patient or his parent, guardian, conservator, or other person responsible for his custody do not refuse the forms of treatment or behavior modification described in subdivisions (f) and (g) of Section 4503, such treatment and behavior modification may be provided only after review and approval by a peer review committee. The Director of Developmental Services shall, by March 1, 1977, adopt regulations establishing peer review procedures for this purpose.
(Amended by Stats. 1979, Ch. 373.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.5 - SERVICES FOR THE DEVELOPMENTALLY DISABLED › CHAPTER 1.6 - General Provisions › Section 4507.

4507. Developmental disabilities alone shall not constitute sufficient justification for judicial commitment. Instead, persons with developmental disabilities shall receive services pursuant to this division. Persons who constitute a danger to themselves or others may be judicially committed pursuant to Article 2 (commencing with Section 6500) of Chapter 2 of Part 2 of Division 6 if evidence of such danger is proven in court.
(Amended by Stats. 2012, Ch. 25, Sec. 7. (AB 1472) Effective June 27, 2012.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.5 - SERVICES FOR THE DEVELOPMENTALLY DISABLED › CHAPTER 1.6 - General Provisions › Section 4508.

4508. Persons with developmental disabilities may be released from developmental centers for provisional placement, with parental consent in the case of a minor or with the consent of an adult person with developmental disabilities or with the consent of the guardian or conservator of the person with developmental disabilities, not to exceed twelve months, and shall be referred to a regional center for services pursuant to this division. Any person placed pursuant to this section shall have an automatic right of return to the developmental center during the period of provisional placement.
(Amended by Stats. 1997, Ch. 414, Sec. 6. Effective September 22, 1997.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.5 - SERVICES FOR THE DEVELOPMENTALLY DISABLED › CHAPTER 1.6 - General Provisions › Section 4510.

4510. The State Department of Developmental Services, the State Department of Health Care Services, and the State Department of State Hospitals shall jointly develop and implement a statewide program for encouraging the establishment of sufficient numbers and types of living arrangements, both in communities and state hospitals, as necessary to meet the needs of persons served by those departments. The departments shall consult with the following organizations in the development of procedures pursuant to this section:
(a) The League of California Cities, the County Supervisors Association of California, and representatives of other local agencies.
(b) Organizations or advocates for clients receiving services in residential care services.
(c) Providers of residential care services.
(Amended by Stats. 2012, Ch. 438, Sec. 9. (AB 1468) Effective September 22, 2012.)