reglab/statecodes huggingface dataset:
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.5 - SERVICES FOR THE DEVELOPMENTALLY DISABLED › CHAPTER 13 - Habilitation Services For Persons With Developmental Disabilities › Section 4862.

4862. (a) The length of a work activity program day shall not be less than five hours, excluding the lunch period.
(b) (1) Except as provided in paragraph (2), the length of a work activity program day shall not be reduced from the length of the work activity program day in the historical period that was the basis for the approved habilitation services rate.
(2) (A) A work activity program may, upon consultation with, and prior written approval from, the regional center, change the length of a work activity program day.
(B) If the regional center approves a reduction in the work activity program day pursuant to subparagraph (A), the department may change the work activity program rate.
(c) (1) A work activity program may change the length of a work activity program day for a specific consumer in order to meet the needs of that consumer, if the regional center, upon the recommendation of the individual program planning team, approves the change.
(2) The work activity program shall specify in writing to the regional center the reasons for any proposed change in a work activity program day on an individual basis.
(Amended (as being added July 1, 2004, by Stats. 2003, Ch. 226) by Stats. 2003, Ch. 886, Sec. 3. Effective January 1, 2004. Operative July 1, 2004, by Sec. 4 of Ch. 886.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.5 - SERVICES FOR THE DEVELOPMENTALLY DISABLED › CHAPTER 13 - Habilitation Services For Persons With Developmental Disabilities › Section 4863.

4863. (a) In accordance with regulations adopted by the department, and if agreed upon by the work activity program and the regional center, hourly billing shall be permitted, provided that it does not increase the regional center’s costs when used in lieu of full-day billing. A work activity program shall be required to submit a request for the hourly billing option to the regional center not less than 60 days prior to the program’s proposed implementation of this billing option.
(b) If a work activity program and the regional center elect to utilize hourly billing, the hourly billing process shall be required to be used for a minimum of one year.
(c) When the hourly billing process is being used, the definitions contained in subdivisions (h) and (i) of Section 4851 shall not apply.
(Amended by Stats. 2022, Ch. 49, Sec. 80. (SB 188) Effective June 30, 2022.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.5 - SERVICES FOR THE DEVELOPMENTALLY DISABLED › CHAPTER 13 - Habilitation Services For Persons With Developmental Disabilities › Section 4864.

4864. The department shall authorize payment for absences in work activity programs and supported employment programs that are directly consequent to a declaration of a State of Emergency by the Governor. If the department authorizes payment for absences due to a state of emergency, the vendor shall bill only for absences in excess of the average number of absences experienced by the vendor during the 12-month period prior to the month in which the disaster occurred.
(Repealed and added by Stats. 2003, Ch. 226, Sec. 2. Effective January 1, 2004. Operative July 1, 2004, by Sec. 3 of Ch. 226.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.5 - SERVICES FOR THE DEVELOPMENTALLY DISABLED › CHAPTER 13 - Habilitation Services For Persons With Developmental Disabilities › Section 4865.

4865. At the request of the Department of Rehabilitation, a work activity or supported employment program or both shall release accreditation and state licensing reports and consumer special incident reports as required by law or regulations in instances of suspected abuse.
(Repealed and added by Stats. 2003, Ch. 226, Sec. 2. Effective January 1, 2004. Operative July 1, 2004, by Sec. 3 of Ch. 226.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.5 - SERVICES FOR THE DEVELOPMENTALLY DISABLED › CHAPTER 13 - Habilitation Services For Persons With Developmental Disabilities › Section 4865.1.

4865.1. (a) A regional center shall continue to pay the rate in effect as of June 30, 2004, for a supported employment placement group composed of a coach-to-client ratio of 1:3 when the provider submits to the State Department of Developmental Services and the regional center, by July 30, 2004, documentation that all of the following conditions apply:
(1) The group was established prior to July 1, 2002.
(2) The group was at the 1:3 ratio on May 1, 2004.
(3) The employer will only accommodate a group of three.
(b) In consultation with the regional center, the State Department of Developmental Services shall determine whether the requirements of this section have been met. The department’s decision shall be final.
(c) Groups paid under this section shall meet the requirements of subdivision (r) of Section 4851 by July 1, 2005, or be subject to termination of funding pursuant to subdivision (b) of Section 4860.
(Added by Stats. 2004, Ch. 228, Sec. 9.4. Effective August 16, 2004.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.5 - SERVICES FOR THE DEVELOPMENTALLY DISABLED › CHAPTER 13 - Habilitation Services For Persons With Developmental Disabilities › Section 4866.

4866. The department may promulgate emergency regulations to carry out the provisions of this chapter. If the Department of Developmental Services promulgates emergency regulations, the adoption of the regulations shall be deemed necessary for the immediate preservation of the public peace, health and safety, or general welfare for purposes of subdivision (b) of Section 11346.1 of the Government Code.
(Repealed and added by Stats. 2003, Ch. 226, Sec. 2. Effective January 1, 2004. Operative July 1, 2004, by Sec. 3 of Ch. 226.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.5 - SERVICES FOR THE DEVELOPMENTALLY DISABLED › CHAPTER 13 - Habilitation Services For Persons With Developmental Disabilities › Section 4867.

4867. Nothing in this chapter shall be interpreted to mean that work activity programs or supported employment programs cannot serve consumers who are funded by agencies other than regional centers, including, but not limited to, the Department of Rehabilitation.
(Added by Stats. 2003, Ch. 226, Sec. 2. Effective January 1, 2004. Operative July 1, 2004, by Sec. 3 of Ch. 226.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.5 - SERVICES FOR THE DEVELOPMENTALLY DISABLED › CHAPTER 14 - Employment › Section 4868.

4868. For purposes of this chapter, the following definitions shall apply:
(a) “Competitive employment” means work in the competitive labor market that is performed on a full-time or part-time basis in an integrated setting and for which an individual is compensated at or above the minimum wage, but not less than the customary wage and level of benefits paid by the employer for the same or similar work performed by individuals who are not disabled.
(b) “Integrated employment” means “integrated work,” as defined in Section 4851.
(c) “Microenterprises” means small businesses owned by individuals with developmental disabilities who have control and responsibility for decisionmaking and overseeing the business, with accompanying business licenses, taxpayer identification numbers other than social security numbers, and separate business bank accounts. Microenterprises may be considered integrated competitive employment.
(d) “Self-employment” means an employment setting in which an individual works in a chosen occupation, for profit or fee, in the individual’s own small business, with control and responsibility for decisions affecting the conduct of the business.
(e) This section shall become operative on July 1, 2024.
(Repealed (in Sec. 26) and added by Stats. 2023, Ch. 44, Sec. 27. (AB 121) Effective July 10, 2023. Operative July 1, 2024, by its own provisions.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.5 - SERVICES FOR THE DEVELOPMENTALLY DISABLED › CHAPTER 14 - Employment › Section 4868.5.

4868.5. (a) There is in the California Health and Human Services Agency the Office of Employment First.
(b) The office’s mission is to coordinate the Employment First Policy, as described in Section 4869, in order to reduce redundancy, ensure coordination of all employment support services across all agencies and departments, avoid fragmentation of services, guide strategic planning, and promote racial equity toward employment for individuals with developmental disabilities.
(c) The office shall have all of the following responsibilities:
(1) Identify and disseminate best practices.
(2) Develop effective strategies for partnerships with entities, including, but not limited to, employers, foundations, advocates, and other entities committed to creating integrated community employment opportunities.
(3) Provide technical assistance, as requested, to develop and implement strategies for equity in employment.
(4) Make recommendations for legislative, regulatory, and policy changes consistent with the Employment First Policy, as described in Section 4869.
(d) The office shall be under the control of an executive officer known as the Chief Employment First Officer who has the authority to do all of the following:
(1) Establish or improve reporting mechanisms to measure the success of employment programs for individuals with developmental disabilities and drive quality improvement.
(2) Monitor progress on employment for individuals with developmental disabilities, including, but not limited to, preparing monitoring instruments and issuing reports.
(3) Link data collection systems across state government entities through the development of a unique identification system.
(4) Track, analyze, and publicize service code utilization and vocational outcomes across the system.
(e) (1) The office shall form a standing Employment First Committee consisting of all of the following members:
(A) At least one designee of each of the members of the State Council on Developmental Disabilities specified in subparagraphs (B), (C), (D), (F), and (H) of paragraph (2) of subdivision (b) of Section 4521.
(B) A member of the consumer advisory committee of the state council.
(2) The responsibilities of the committee shall include, but need not be limited to, identifying ways services can be coordinated by state and local agencies to avoid disconnection of services and to improve accessibility of services.
(f) On or before June 30, 2025, and annually thereafter, the office shall provide a report to the appropriate policy committees of the Legislature and to the Governor describing its work and recommendations made pursuant to this section.
(g) This section shall become operative on July 1, 2024.
(Added by Stats. 2023, Ch. 44, Sec. 28. (AB 121) Effective July 10, 2023. Operative July 1, 2024, by its own provisions.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.5 - SERVICES FOR THE DEVELOPMENTALLY DISABLED › CHAPTER 14 - Employment › Section 4869.

4869. (a) (1) In furtherance of the purposes of this division to make services and supports available to enable persons with developmental disabilities to approximate the pattern of everyday living available to people without disabilities of the same age, to support the integration of persons with developmental disabilities into the mainstream life of the community, and to bring about more independent, productive, and normal lives for the persons served, it is the policy of the state that opportunities for integrated, competitive employment shall be given the highest priority for working age individuals with developmental disabilities, regardless of the severity of their disabilities. This policy shall be known as the Employment First Policy.
(2) Implementation of the policy shall be consistent with, and shall not infringe upon, the rights established pursuant to this division, including the right of people with developmental disabilities to make informed choices with respect to services and supports through the individual program planning process.
(3) Integrated competitive employment is intended to be the first option considered by planning teams for working age individuals, but individuals may choose goals other than integrated competitive employment.
(4) Postsecondary education, technical or vocational training, and internship programs may be considered as a means to achieve integrated competitive employment or career advancement.
(5) This chapter shall not be construed to expand the existing entitlement to services for persons with developmental disabilities described in this division.
(6) This chapter shall not alleviate schools of their responsibility to provide transition services to individuals with developmental disabilities.
(b) The State Council on Developmental Disabilities shall develop an informational brochure about the Employment First Policy, translate the brochure into various languages, and post the brochure on its Internet Web site.
(c) Regional centers shall provide consumers 16 years of age or older, and, when appropriate, their parents, legal guardians, conservators, or authorized representative with information, in an understandable form, about the Employment First Policy, options for integrated competitive employment, and services and supports, including postsecondary education, that are available to enable the consumer to transition from school to work, and to achieve the outcomes of obtaining and maintaining integrated competitive employment.
(d) The department may request information from regional centers on current and planned activities related to the Employment First Policy. A contract between the department and a regional center shall include performance objectives relating to implementation of the Employment First Policy, as described in subdivision (c) of Section 4629.
(Amended by Stats. 2017, Ch. 18, Sec. 24. (AB 107) Effective June 27, 2017.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.5 - SERVICES FOR THE DEVELOPMENTALLY DISABLED › CHAPTER 14 - Employment › Section 4870.1.

4870.1. (a) In addition to the program described Section 4870, subject to an appropriation in the Budget Act, the department shall establish, by December 31, 2021, a program to increase pathways to competitive integrated employment that shall meet both of the following requirements:
(1) (A) Be developed in consultation with stakeholders as specified in subparagraph (B).
(B) Consultation with stakeholders pursuant to subparagraph (A) shall commence no later than September 30, 2021, and shall include individuals with disabilities, including those served by the program, family members, employers and provider association representatives, consumer advocates, disability provider representatives, including regional centers, members of the Developmental Services Task Force, and legislative staff.
(2) Provide contracts or grants for entities to develop and implement innovative and replicable strategies and practices to increase paid work experiences and employment opportunities for regional center consumers.
(b) The department shall include in its annual May Revision fiscal estimate a description of the implementation of the program including, but not limited to, all of the following:
(1) A description of the stakeholder consultation.
(2) Data about the number and start date of funded grants or contracts.
(3) The number of enrolled participants.
(4) The number of employed participants.
(5) Any recommendations for program changes that may be necessary or desirable to maximize program effectiveness.
(c) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement, interpret, or make specific this section by means of written directives or similar instructions, without taking any regulatory action.
(Added by Stats. 2021, Ch. 76, Sec. 53. (AB 136) Effective July 16, 2021.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.5 - SERVICES FOR THE DEVELOPMENTALLY DISABLED › CHAPTER 14 - Employment › Section 4870.2.

4870.2. (a) In addition to the program described in Section 4870, subject to an appropriation in the Budget Act for this purpose, the department shall establish, by December 31, 2022, a three-year pilot program that focuses on competitive integrated employment, postsecondary education, and career readiness for individuals with developmental disabilities exiting work activity programs or secondary education in order to explore inclusive options, including, but not limited to, paid internships, competitive integrated employment, and college-to-career programs.
(b) The pilot program established pursuant to subdivision (a) shall satisfy all of the following requirements:
(1) Be developed in consultation with stakeholders, including, but not limited to, individuals with disabilities, including those who will be served by the program, family members, provider association representatives, consumer advocates, regional centers, the State Council on Developmental Disabilities, the State Department of Education, and the Department of Rehabilitation. The consultation described in this paragraph shall commence no later than August 31, 2022.
(2) Provide person-centered and time-limited services, aligning with each individual’s needs and a person-centered approach, focused on preparing individuals for career pathways.
(3) Consider evidence-based or promising practices for reducing or eliminating barriers to competitive integrated employment for people with intellectual and developmental disabilities in the development of innovated service options.
(4) Require service providers participating in the pilot program to report on defined outcome measures, as determined by the department.
(c) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement, interpret, or make specific this section by means of written directives or similar instructions, without taking any regulatory action.
(Added by Stats. 2022, Ch. 49, Sec. 81. (SB 188) Effective June 30, 2022.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.5 - SERVICES FOR THE DEVELOPMENTALLY DISABLED › CHAPTER 15 - Qualified ABLE Program › Section 4876.

4876. There is hereby created the California ABLE Act Board that consists of the Treasurer, the Director of Finance, the Controller, the Director of Developmental Services, the Chairperson of the State Council on Developmental Disabilities, the Director of Rehabilitation, and the Chair of the State Independent Living Council, or their designees. The Treasurer shall serve as chair of the board.
(Added by Stats. 2015, Ch. 796, Sec. 2. (SB 324) Effective January 1, 2016.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.5 - SERVICES FOR THE DEVELOPMENTALLY DISABLED › CHAPTER 15 - Qualified ABLE Program › Section 4879.

4879. (a) Under the program, a person may make contributions for a taxable year, for the benefit of an individual who is an eligible individual for that taxable year, to an ABLE account that is established for the purpose of meeting the qualified disability expenses of the designated beneficiary of the account if both of the following criteria are met:
(1) The designated beneficiary is limited to one ABLE account for purposes of this chapter.
(2) The ABLE account is established only for a designated beneficiary who is a resident of the United States.
(b) A contribution shall not be accepted if either of the following occurs:
(1) The contribution is not in cash.
(2) Except in the case of contributions under Section 529A(c)(1)(C) of the Internal Revenue Code, relating to change in designated beneficiaries or programs, the contribution to an ABLE account would result in aggregate contributions from all contributors to the ABLE account for the taxable year exceeding the amount of both of the following:
(A) The amount allowed under Section 2503(b) of the Internal Revenue Code, relating to exclusion from gifts, for the calendar year in which the taxable year begins.
(B) In the case of any contribution by a designated beneficiary described in Section 529A(b)(7) of the Internal Revenue Code before January 1, 2026, the lesser of either of the following:
(i) Compensation, as defined by Section 219(f)(1) of the Internal Revenue Code, includible in the designated beneficiary’s gross income for the taxable year.
(ii) An amount equal to the poverty line for a one-person household as promulgated under Section 9902(2) of Title 42 of the United States Code, for the calendar year preceding the calendar year in which the taxable year begins.
(c) The designated beneficiary shall retain ownership of all contributions made to the designated beneficiary’s ABLE account to the date of utilization for qualified disability expenses, and all interest derived from the investment of the contributions to the designated beneficiary’s ABLE account shall be deemed to be held in the ABLE program trust for the benefit of the designated beneficiary. Neither the contributions, nor any interest derived therefrom, may be pledged as collateral for any loan.
(d) The board shall develop adequate safeguards to prevent aggregate contributions on behalf of a designated beneficiary in excess of the maximum contribution limits necessary to provide for the qualified disability expenses of the designated beneficiary. For purposes of this subdivision, aggregate contributions include contributions under any prior qualified ABLE program of any state or agency or instrumentality thereof.
(Amended by Stats. 2022, Ch. 896, Sec. 2. (AB 2216) Effective January 1, 2023.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.5 - SERVICES FOR THE DEVELOPMENTALLY DISABLED › CHAPTER 15 - Qualified ABLE Program › Section 4880.

4880. (a) Notwithstanding any other law, moneys in, contributions to, and any distribution for qualified disability expenses from, an ABLE account, not to exceed one hundred thousand dollars ($100,000), shall not count toward determining eligibility for a state or local means-tested program.
(b) Notwithstanding subdivision (a), Section 103 of Division B of Public Law 113-295 and Sections 17140.4 and 23711.4 of the Revenue and Taxation Code shall apply.
(c) (1) Notwithstanding any other law, moneys in an ABLE account, not to exceed one hundred thousand dollars ($100,000), shall be exempt from enforcement of a money judgment without making a claim.
(2) A money judgment in favor of the State Department of Health Care Services shall not be subject to the exemption provided in paragraph (1) during any period of time in which federal law or guidance issued by the federal Centers for Medicare and Medicaid Services requires the department to recover funds from ABLE accounts for reimbursement of qualifying Medi-Cal expenditures.
(d) This section shall become operative on September 1, 2018.
(Repealed (in Sec. 1.5) and added by Stats. 2017, Ch. 529, Sec. 2.5. (AB 688) Effective January 1, 2018. Section operative September 1, 2018, by its own provisions.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.5 - SERVICES FOR THE DEVELOPMENTALLY DISABLED › CHAPTER 15 - Qualified ABLE Program › Section 4881.

4881. (a) The board shall provide an annual listing of distributions to individuals with respect to an interest in an ABLE account to the Franchise Tax Board at a time and in a manner and form as specified by the Franchise Tax Board. The taxpayers’ identification numbers obtained in connection with an ABLE account shall be used exclusively for state and federal tax administration purposes.
(b) The board shall make a report to the appropriate individual of any distribution to any individual with respect to an interest in an ABLE account, at a time and in a form and manner as required by the Franchise Tax Board.
(c) The board shall report annually to each designated beneficiary all of the following:
(1) The value of the designated beneficiary’s account.
(2) The interest earned thereon.
(3) The rate of return of the investments in the designated beneficiary’s account for that reporting period.
(4) Information on investments and qualified disability expenses that designated beneficiaries can use to set savings goals and contribution amounts.
(d) The board shall provide a means for designated beneficiaries to express concerns or comments regarding the ABLE program trust and any information required to be reported by this section.
(Added by Stats. 2015, Ch. 796, Sec. 2. (SB 324) Effective January 1, 2016.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.5 - SERVICES FOR THE DEVELOPMENTALLY DISABLED › CHAPTER 15 - Qualified ABLE Program › Section 4882.

4882. (a) The board shall adopt regulations as it deems necessary to implement this chapter consistent with the federal Internal Revenue Code and regulations issued pursuant to that code to ensure that this program meets all criteria for federal tax-exempt benefits.
(b) The board may adopt regulations to implement this chapter as emergency regulations in accordance with the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). The adoption of the regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare.
(Added by Stats. 2015, Ch. 774, Sec. 7. (AB 449) Effective January 1, 2016.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.5 - SERVICES FOR THE DEVELOPMENTALLY DISABLED › CHAPTER 15 - Qualified ABLE Program › Section 4883.

4883. This act shall be construed liberally in order to effectuate its legislative intent. The purposes of this act and all of its provisions with respect to powers granted shall be broadly interpreted to effectuate the intent and purposes of the federal ABLE Act and not as a limitation of those powers.
(Added by Stats. 2015, Ch. 796, Sec. 2. (SB 324) Effective January 1, 2016.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.5 - SERVICES FOR THE DEVELOPMENTALLY DISABLED › CHAPTER 15 - Qualified ABLE Program › Section 4884.

4884. The board shall market this program to residents of the United States to the extent funds are available to do so.
(Amended by Stats. 2017, Ch. 470, Sec. 3. (AB 384) Effective January 1, 2018.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.5 - SERVICES FOR THE DEVELOPMENTALLY DISABLED › CHAPTER 15 - Qualified ABLE Program › Section 4885.

4885. (a) Notwithstanding any other state law, and only to the extent permitted under federal law, the program may permit a change in the designated beneficiary of an ABLE account, made during the life of the designated beneficiary, to take effect upon the death of the designated beneficiary. The amount to be transferred pursuant to the successor beneficiary designation is subject to all of the relevant payment and tax provisions of the federal ABLE Act.
(b) Following the death of a designated beneficiary, and only after the State Department of Health Care Services has received approval by the federal Centers for Medicare and Medicaid Services, both of the following shall apply:
(1) For CalABLE accounts established on or after January 1, 2023, the following shall apply:
(A) The state shall not seek recovery pursuant to Section 14009.5 of any amount remaining in a designated beneficiary’s CalABLE account for any amount of medical assistance paid for the designated beneficiary after the establishment of the account under the state’s Medicaid plan established under Title XIX of the federal Social Security Act.
(B) The state shall not file a claim for any amount remaining in a designated beneficiary’s CalABLE account for the payment under subdivision (f) of Section 529A of the Internal Revenue Code.
(2) For CalABLE accounts and ABLE accounts established prior to January 1, 2023:
(A) The state shall not seek recovery pursuant to Section 14009.5 of any amount remaining in a designated beneficiary’s CalABLE or ABLE account for any amount of medical assistance paid for the designated beneficiary after the establishment of the account under the state’s Medicaid plan established under Title XIX of the federal Social Security Act.
(B) The state shall not file a claim for any amount remaining in a designated beneficiary’s CalABLE or ABLE account for the payment under subdivision (f) of Section 529A of the Internal Revenue Code.
(Amended by Stats. 2022, Ch. 896, Sec. 3. (AB 2216) Effective January 1, 2023.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.7 - PROTECTION AND ADVOCACY AGENCY › CHAPTER 1 - Definitions › Section 4901.

4901. (a) The protection and advocacy agency, for purposes of this division, shall be a private nonprofit corporation and shall meet all of the requirements of federal law applicable to protection and advocacy systems, including, but not limited to, the requirement that it establish a grievance procedure for clients or prospective clients of the system to ensure that people with disabilities have full access to services of the system.
(b) State officers and employees, in taking any action relating to the protection and advocacy agency, shall meet the requirements of federal law applicable to protection and advocacy systems.
(c) The authority of the protection and advocacy agency set forth in this division shall not diminish the authority of the protection and advocacy agency under federal statutes pertaining to the authority of protection and advocacy systems, or under federal rules and regulations adopted in implementation of those statutes.
(d) Nothing in this division shall be construed to supplant the jurisdiction or the responsibilities of adult protective services programs pursuant to Chapter 11 (commencing with Section 15600), or Chapter 13 (commencing with Section 15750), of Part 3 of Division 9.
(e) (1) Nothing in this division shall be construed to supplant the duties or authority of the State Long-Term Care Ombudsman Program pursuant to Chapter 11 (commencing with Section 9700) of Division 8.5.
(2) The protection and advocacy agency shall cooperate with the Office of the State Long-Term Care Ombudsman when appropriate, as provided in Section 9717.
(f) (1) Nothing in this division shall be construed to alter or impact the Elder and Dependent Adult Civil Protection Act (Chapter 11 (commencing with Section 15600), or Chapter 13 (commencing with Section 15750), of Part 3 of Division 9, including the confidentiality requirements of Section 15633 and the legal responsibility of the protection and advocacy agency to report elder or dependent adult abuse or neglect as required by paragraph (1) of subdivision (b) of Section 15630.
(2) The adult protective services agency shall retain the responsibility to investigate any report of abuse or neglect in accordance with Chapter 13 (commencing with Section 15750) of Part 3 of Division 9 when the reported abuse or neglect is within the jurisdiction of the adult protective services agency.
(Amended by Stats. 2003, Ch. 878, Sec. 5. Effective January 1, 2004.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.7 - PROTECTION AND ADVOCACY AGENCY › CHAPTER 1 - Definitions › Section 4904.

4904. (a) The protection and advocacy agency, its employees, and designated agents, shall not be liable for an injury resulting from an employee’s or agent’s act or omission where the act or omission was the result of the exercise, in good faith, of the discretion vested in him or her.
(b) The protection and advocacy agency, its employees, and designated agents, shall not be liable for damages awarded under Section 3294 of the Civil Code or other damages imposed primarily for the sake of example and by way of punishing the defendant.
(c) The protection and advocacy agency, its employees, and designated agents, when participating in filing a complaint or providing information pursuant to this division or participating in a judicial proceeding resulting therefrom shall be presumed to be acting in good faith and unless the presumption is rebutted, shall be immune from any liability, civil or criminal, and shall be immune from any penalty, sanction, or restriction that might be incurred or imposed.
(Added by Stats. 1991, Ch. 534, Sec. 7.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.7 - PROTECTION AND ADVOCACY AGENCY › CHAPTER 1 - Definitions › Section 4905.

4905. (a) No employee or agent of a facility, program, or service shall subject a person with a disability to reprisal or harassment or directly or indirectly take or threaten to take any action that would prevent the person, his or her legally authorized representative, or family member from reporting or otherwise bringing to the attention of the protection and advocacy agency any facts or information relative to suspected abuse, neglect, or other violations of the person’s rights.
(b) Any attempt to involuntarily remove from a facility, program, or service, or to deny privileges or rights without good cause to a person with a disability by whom or for whom a complaint has been made to the protection and advocacy agency, within 60 days after the date the complaint is made or within 60 days after the conclusion of any proceeding resulting from the complaint, shall raise a presumption that the action was taken in retaliation for the filing of the complaint.
(Amended by Stats. 2003, Ch. 878, Sec. 8. Effective January 1, 2004.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.7 - PROTECTION AND ADVOCACY AGENCY › CHAPTER 1 - Definitions › Section 4906.

4906. (a) The protection and advocacy agency may not obtain access through the use of physical force to facilities, programs, service recipients, residents, or records required by the division if this access is delayed or denied.
(b) Notwithstanding subdivision (a), nothing in this division is intended to preclude the protection and advocacy agency from pursuing appropriate legal remedies to enforce its access authority under this division or applicable federal law.
(Added by Stats. 2003, Ch. 878, Sec. 9. Effective January 1, 2004.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 1 - THE LANTERMAN-PETRIS-SHORT ACT › CHAPTER 1 - General Provisions › Section 5000.

5000. This part shall be known and may be cited as the Lanterman-Petris-Short Act.
(Repealed and added by Stats. 1967, Ch. 1667.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 1 - THE LANTERMAN-PETRIS-SHORT ACT › CHAPTER 1 - General Provisions › Section 5001.

5001. The provisions of this part and Part 1.5 (commencing with Section 5585) shall be construed to promote the legislative intent as follows:
(a) To end the inappropriate, indefinite, and involuntary commitment of persons with mental health disorders, developmental disabilities, and chronic alcoholism, and to eliminate legal disabilities.
(b) To provide prompt evaluation and treatment of persons with mental health disorders or impaired by chronic alcoholism.
(c) To guarantee and protect public safety.
(d) To safeguard individual rights through judicial review.
(e) To provide individualized treatment, supervision, and placement services by a conservatorship program for persons who are gravely disabled.
(f) To encourage the full use of all existing agencies, professional personnel, and public funds to accomplish these objectives and to prevent duplication of services and unnecessary expenditures.
(g) To protect persons with mental health disorders and developmental disabilities from criminal acts.
(h) To provide consistent standards for protection of the personal rights of persons receiving services under this part and under Part 1.5 (commencing with Section 5585).
(i) To provide services in the least restrictive setting appropriate to the needs of each person receiving services under this part and under Part 1.5 (commencing with Section 5585).
(Amended by Stats. 2013, Ch. 567, Sec. 1. (SB 364) Effective January 1, 2014.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 1 - THE LANTERMAN-PETRIS-SHORT ACT › CHAPTER 1 - General Provisions › Section 5002.

5002. (a) Persons with mental health disorders and persons impaired by chronic alcoholism may no longer be judicially committed.
(b) Persons with mental health disorders shall receive services pursuant to this part. Persons impaired by chronic alcoholism may receive services pursuant to this part if they elect to do so pursuant to Article 3 (commencing with Section 5225) of Chapter 2.
(c) Persons with epilepsy may no longer be judicially committed.
(d) This part shall not be construed to repeal or modify laws relating to the commitment of mentally disordered sex offenders, persons with an intellectual disability, and mentally disordered criminal offenders, except as specifically provided in Section 4011.6 of the Penal Code, or as specifically provided in other statutes.
(Amended by Stats. 2014, Ch. 144, Sec. 84. (AB 1847) Effective January 1, 2015.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 1 - THE LANTERMAN-PETRIS-SHORT ACT › CHAPTER 1 - General Provisions › Section 5003.

5003. Nothing in this part shall be construed in any way as limiting the right of any person to make voluntary application at any time to any public or private agency or practitioner for mental health services, either by direct application in person, or by referral from any other public or private agency or practitioner.
(Added by Stats. 1967, Ch. 1667.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 1 - THE LANTERMAN-PETRIS-SHORT ACT › CHAPTER 1 - General Provisions › Section 5004.

5004. Persons with mental health disorders and persons with developmental disabilities shall receive protection from criminal acts equal to that provided any other resident in this state.
(Amended by Stats. 2014, Ch. 144, Sec. 85. (AB 1847) Effective January 1, 2015.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 1 - THE LANTERMAN-PETRIS-SHORT ACT › CHAPTER 1 - General Provisions › Section 5004.5.

5004.5. (a) Notwithstanding any other law, a legal guardian, conservator, or other person who reasonably believes a person with a mental health disorder or developmental disability is the victim of a crime may file a report with an appropriate law enforcement agency. The report shall specify the nature of the alleged offense and any pertinent evidence. Notwithstanding any other law, the information in that report shall not be deemed confidential in any manner. No person shall incur any civil or criminal liability as a result of making a report authorized by this section unless it can be shown that a false report was made and the person knew or should have known that the report was false.
(b) Where the district attorney of the county in which the alleged offense occurred finds, based upon the evidence contained in the report and any other evidence obtained through regular investigatory procedures, that a reasonable probability exists that a crime or public offense has been committed and that the person with the mental health disorder or developmental disability is the victim, the district attorney may file a complaint verified on information and belief.
(c) The filing of a report by a legal guardian, conservator, or any other person pursuant to this section shall not constitute evidence that a crime or public offense has been committed and shall not be considered in any manner by the trier of fact.
(Amended by Stats. 2014, Ch. 144, Sec. 86. (AB 1847) Effective January 1, 2015.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 1 - THE LANTERMAN-PETRIS-SHORT ACT › CHAPTER 1 - General Provisions › Section 5005.

5005. Unless specifically stated, a person complained against in any petition or proceeding initiated by virtue of the provisions of this part shall not forfeit any legal right or suffer legal disability by reason of the provisions of this part.
(Added by Stats. 1967, Ch. 1667.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 1 - THE LANTERMAN-PETRIS-SHORT ACT › CHAPTER 1 - General Provisions › Section 5006.

5006. The provisions of this part shall not be construed to deny treatment by spiritual means through prayer in accordance with the tenets and practices of a recognized church or denomination for any person detained for evaluation or treatment who desires such treatment, or to a minor if his parent, guardian, or conservator desires such treatment.
(Added by Stats. 1967, Ch. 1667.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 1 - THE LANTERMAN-PETRIS-SHORT ACT › CHAPTER 1 - General Provisions › Section 5007.

5007. Unless otherwise indicated, the provisions of this part shall not be construed to apply retroactively to terminate court commitments of mentally ill persons or inebriates under preexisting law.
(Added by Stats. 1967, Ch. 1667.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 1 - THE LANTERMAN-PETRIS-SHORT ACT › CHAPTER 1 - General Provisions › Section 5008.1.

5008.1. As used in this division and in Division 4 (commencing with Section 4000), Division 4.1 (commencing with Section 4400), Division 6 (commencing with Section 6000), Division 7 (commencing with Section 7100), and Division 8 (commencing with Section 8000), the term “judicially committed” means all of the following:
(a) Persons who are mentally disordered sex offenders placed in a state hospital or institutional unit for observation or committed to the State Department of State Hospitals pursuant to Article 1 (commencing with Section 6300) of Chapter 2 of Part 2 of Division 6.
(b) Developmentally disabled persons who are admitted to a state hospital upon application or who are committed to the State Department of Developmental Services by court order pursuant to Article 2 (commencing with Section 6500) of Chapter 2 of Part 2 of Division 6.
(c) Persons committed to the State Department of State Hospitals or a state hospital pursuant to the Penal Code.
(Amended by Stats. 2012, Ch. 24, Sec. 124. (AB 1470) Effective June 27, 2012.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 1 - THE LANTERMAN-PETRIS-SHORT ACT › CHAPTER 1 - General Provisions › Section 5008.2.

5008.2. (a) When applying the definition of mental disorder for the purposes of Articles 2 (commencing with Section 5200), 4 (commencing with Section 5250), and 5 (commencing with Section 5275) of Chapter 2 and Chapter 3 (commencing with Section 5350), the historical course of the person’s mental disorder, as determined by available relevant information about the course of the person’s mental disorder, shall be considered when it has a direct bearing on the determination of whether the person is a danger to others, or to himself or herself, or is gravely disabled, as a result of a mental disorder. The historical course shall include, but is not limited to, evidence presented by persons who have provided, or are providing, mental health or related support services to the patient, the patient’s medical records as presented to the court, including psychiatric records, or evidence voluntarily presented by family members, the patient, or any other person designated by the patient. Facilities shall make every reasonable effort to make information provided by the patient’s family available to the court. The hearing officer, court, or jury shall exclude from consideration evidence it determines to be irrelevant because of remoteness of time or dissimilarity of circumstances.
(b) This section shall not be applied to limit the application of Section 5328 or to limit existing rights of a patient to respond to evidence presented to the court.
(Amended by Stats. 2001, Ch. 506, Sec. 5. Effective January 1, 2002.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 1 - THE LANTERMAN-PETRIS-SHORT ACT › CHAPTER 1 - General Provisions › Section 5009.

5009. Persons receiving evaluation or treatment under this part shall be given a choice of physician or other professional person providing such services, in accordance with the policies of each agency providing services, and within the limits of available staff in the agency.
(Added by Stats. 1967, Ch. 1667.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 1 - THE LANTERMAN-PETRIS-SHORT ACT › CHAPTER 1 - General Provisions › Section 5010.

5010. The agency established in this state to fulfill the requirements and assurances of Section 142 of the federal Developmental Disabilities Act of 1984 for a system to protect and advocate the rights of persons with developmental disabilities, as that term is defined by Section 102(7) of the federal act, shall have access to the records of a person with developmental disabilities who resides in a facility for persons with developmental disabilities when both of the following conditions apply:
(1) The agency has received a complaint from or on behalf of the person and the person consents to the disclosure of the records to the extent of his or her capabilities.
(2) The person does not have a parent, guardian or conservator, or the state or the designee of the state is the person’s guardian or conservator.
(Added by Stats. 1985, Ch. 1121, Sec. 2.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 1 - THE LANTERMAN-PETRIS-SHORT ACT › CHAPTER 1 - General Provisions › Section 5012.

5012. The fact that a person has been taken into custody under this part may not be used in the determination of that person’s eligibility for payment or reimbursement for mental health or other health care services for which he or she has applied or received under the Medi-Cal program, any health care service plan licensed under the Knox-Keene Health Care Service Plan Act of 1975 (Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code), or any insurer providing health coverage doing business in the state.
(Added by Stats. 2001, Ch. 506, Sec. 6. Effective January 1, 2002.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 1 - THE LANTERMAN-PETRIS-SHORT ACT › CHAPTER 1 - General Provisions › Section 5013.

5013. (a) It is the intent of the Legislature that referrals between facilities, providers, and other organizations shall be facilitated by the sharing of information and records in accordance with Section 5328 and applicable federal and state laws.
(b) Each city or county mental health department is encouraged to include on its Internet Web site a current list of ambulatory services and other resources for persons with mental health disorders and substance use disorders in the city or county that may be accessed by providers and consumers of mental health services. The list of services on the Internet Web site should be updated at least annually by the city or county mental health department.
(Added by Stats. 2013, Ch. 567, Sec. 3. (SB 364) Effective January 1, 2014.)