reglab/statecodes huggingface dataset:
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4 - MENTAL HEALTH › PART 3 - DEPARTMENTAL PROGRAM INITIATIVES › CHAPTER 8 - State Program Of Problem Gambling › Section 4369.3.

4369.3. In designing and developing the overall program, the office shall do all of the following:
(a) Develop a statewide plan to address gambling disorders.
(b) Adopt any regulations necessary to administer the program.
(c) Develop priorities for funding services and criteria for distributing program funds.
(d) Monitor the expenditures of state funds by agencies and organizations receiving program funding.
(e) Evaluate the effectiveness of services provided through the program. The department is authorized to contract with academic experts to perform these evaluations.
(f) Notwithstanding any other provision of law, any contracts required to meet the requirements of this chapter are exempt from the requirements contained in the Public Contract Code and the State Administrative Manual, and are exempt from the approval of the Department of General Services.
(g) Administrative costs for the program may not exceed 10 percent of the total funding budgeted for the program.
(Amended by Stats. 2015, Ch. 18, Sec. 30. (SB 75) Effective June 24, 2015.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4 - MENTAL HEALTH › PART 3 - DEPARTMENTAL PROGRAM INITIATIVES › CHAPTER 8 - State Program Of Problem Gambling › Section 4369.4.

4369.4. All state agencies, including, but not limited to, the California Horse Racing Board, the California Gambling Control Commission, the Department of Justice, and any other agency that regulates casino gambling or cardrooms within the state, and the Department of Corrections and Rehabilitation, the State Department of Public Health, the State Department of Health Care Services, and the California State Lottery, shall coordinate with the office to ensure that state programs take into account, as much as practicable, gambling disorders. The office shall also coordinate and work with other entities involved in gambling and the treatment of gambling disorders.
(Amended by Stats. 2015, Ch. 18, Sec. 31. (SB 75) Effective June 24, 2015.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4 - MENTAL HEALTH › PART 4 - SCHOOL-BASED EARLY MENTAL HEALTH INTERVENTION AND PREVENTION SERVICES FOR CHILDREN ACT › CHAPTER 1 - General Provisions and Definitions › Section 4370.

4370. This part shall be known and may be cited as the School-based Early Mental Health Intervention and Prevention Services for Children Act of 1991.
(Added by Stats. 1991, Ch. 757, Sec. 1. Effective October 9, 1991.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4 - MENTAL HEALTH › PART 4 - SCHOOL-BASED EARLY MENTAL HEALTH INTERVENTION AND PREVENTION SERVICES FOR CHILDREN ACT › CHAPTER 1 - General Provisions and Definitions › Section 4371.

4371. The Legislature finds and declares all of the following:
(a) Each year in California over 65,000 teenagers become adolescent mothers and 230 teenagers commit suicide. Each year more than 20 percent of California’s teenagers drop out of high school.
(b) Thirty percent of California’s elementary school pupils experience school adjustment problems, many of which are evident the first four years of school, that is, kindergarten and grades 1 to 3, inclusive.
(c) Problems that our children experience, whether in school or at home, that remain undetected and untreated grow and manifest themselves in all areas of their later lives.
(d) There is a clear relationship between early adjustment problems and later adolescent problems, including, but not limited to, poor school attendance, low achievement, delinquency, drug abuse, and high school dropout rates. In many cases, signs of these problems can be detected in the early grades.
(e) It is in California’s best interest, both in economic and human terms, to identify and treat the minor difficulties that our children are experiencing before those difficulties become major barriers to later success. It is far more humane and cost-effective to make a small investment in early mental health intervention and prevention services now and avoid larger costs, including, but not limited to, foster care, group home placement, intensive special education services, mental health treatment, or probation supervised care.
(f) Programs like the Primary Intervention Program and the San Diego Unified Counseling Program for Children have proven very effective in helping children adjust to the school environment and learn more effective coping skills that in turn result in better school achievement, increased attendance, and increased self-esteem.
(g) To create the optimum learning environment for our children, schools, teachers, parents, public and private service providers, and community-based organizations must enter into locally appropriate cooperative agreements to ensure that all pupils will receive the benefits of school-based early mental health intervention and prevention services that are designed to meet their personal, social, and educational needs.
(Amended by Stats. 1992, Ch. 722, Sec. 22. Effective September 15, 1992.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4 - MENTAL HEALTH › PART 4 - SCHOOL-BASED EARLY MENTAL HEALTH INTERVENTION AND PREVENTION SERVICES FOR CHILDREN ACT › CHAPTER 1 - General Provisions and Definitions › Section 4372.

4372. For the purposes of this part, the following definitions shall apply:
(a) “Cooperating entity” means any federal, state, or local, public or private nonprofit agency providing school-based early mental health intervention and prevention services that agrees to offer services at a schoolsite through a program assisted under this part.
(b) “Eligible pupil” means a pupil who attends a publicly funded elementary school and who is in kindergarten or grades 1 to 3, inclusive.
(c) “Local educational agency” means any school district or county office of education, or state special school.
(d) “Director” means the State Director of Mental Health.
(e) “Supportive service” means a service that will enhance the mental health and social development of children.
(Amended by Stats. 1992, Ch. 722, Sec. 23. Effective September 15, 1992.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4 - MENTAL HEALTH › PART 4 - SCHOOL-BASED EARLY MENTAL HEALTH INTERVENTION AND PREVENTION SERVICES FOR CHILDREN ACT › CHAPTER 2 - School-Based Early Mental Health Intervention and Prevention Services Matching Grant Program › Section 4381.

4381. No funding shall be made available to any program or facility pursuant to this chapter unless all of the following conditions are met:
(a) The program facility is open to children without regard to any child’s religious beliefs or any other factor related to religion.
(b) No religious instruction is included in the program.
(c) The space in which the program is operated is not utilized in any manner to foster religion during the time used for the program.
(Added by Stats. 1991, Ch. 757, Sec. 1. Effective October 9, 1991.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4 - MENTAL HEALTH › PART 4 - SCHOOL-BASED EARLY MENTAL HEALTH INTERVENTION AND PREVENTION SERVICES FOR CHILDREN ACT › CHAPTER 2 - School-Based Early Mental Health Intervention and Prevention Services Matching Grant Program › Section 4383.

4383. (a) For the 1991–92 and 1992–93 fiscal years, a local schoolsite may be awarded funding from the director pursuant to this part and from the Superintendent of Public Instruction pursuant to the Healthy Start Support Services for Children Act of 1991 (Chapter 5 (commencing with Section 8800) of Part 6 of the Education Code) if both of the following criteria are met:
(1) The application to the director for funding under this part delineates how the program will coordinate and interface with, and is not duplicative of, the program proposed for funding under the Healthy Start Support Services for Children Act of 1991.
(2) The application to the Superintendent of Public Instruction for funding under the Healthy Start Support Services for Children Act of 1991 delineates how the program will coordinate and interface with, and is not duplicative of, this part.
(b) Up to 20 percent of the schoolsites which receive operational grants from the Healthy Start Support Services for Children program and which apply for grants under this part may receive these grants. The State Department of Mental Health and the State Department of Education shall jointly review the effectiveness of providing both grants to a single schoolsite and make this information available no later than January 1, 1993.
(Added by Stats. 1992, Ch. 23, Sec. 2. Effective April 1, 1992.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4 - MENTAL HEALTH › PART 4 - SCHOOL-BASED EARLY MENTAL HEALTH INTERVENTION AND PREVENTION SERVICES FOR CHILDREN ACT › CHAPTER 3 - School-Based Early Mental Health Intervention and Prevention Services Matching Grant Program Evaluations and Reports › Section 4390.

4390. The Legislature finds that an evaluation of program effectiveness is both desirable and necessary and accordingly requires the following:
No later than June 30, 1993, and each year thereafter through the term of the grant award, each local education agency that receives a matching grant under this part shall submit a report to the director that shall include the following:
(a) An evaluation of the effectiveness of the local educational agency in achieving stated goals.
(b) A description of the problems encountered in the design and operation of the school-based early mental health intervention and prevention services program, including, but not limited to, identification of any federal, state, or local regulations that impeded program implementation.
(c) The number of eligible pupils served by the program.
(d) The number of additional eligible pupils who have not been served.
(e) An evaluation of the impact of the school-based early mental health intervention and prevention services program on the local educational agency and the children completing the program. The program shall be deemed successful if at least 75 percent of the children who complete the program show an improvement in at least one of the four following areas:
(1) Learning behaviors.
(2) Attendance.
(3) School adjustment.
(4) School-related competencies. Improvement shall be compared with comparable children in that school district that do not complete or participate in the program.
(f) An accounting of local budget savings, if any, resulting from the implementation of the school-based early mental health intervention and prevention services program.
(g) A revised plan of how the proposed school-based early mental health intervention and prevention services program will be continued after the state matching grant has expired, including a list of cooperative entities that will assist in providing the necessary funds and services. Beginning in 1993, this shall, to the extent information is provided by the local mental health department, include a description of the availability of federal financial participation under Title XIX of the federal Social Security Act (42 U.S.C. 1396 and following) through a cooperative agreement or contract with the local mental health department. The county office of education may submit the report on the availability of federal financial participation on behalf of the participating local education agencies with the county. In any county in which there is an interagency children’s services coordination council established pursuant to Section 18986.10, a report submitted pursuant to this paragraph shall be submitted to the council for its review and approval.
(Amended by Stats. 2004, Ch. 193, Sec. 214. Effective January 1, 2005.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.1 - DEVELOPMENTAL SERVICES › PART 1 - GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT › Section 4401.

4401. As used in this division:
(a) “Department” means the State Department of Developmental Services.
(b) “Director” means the Director of Developmental Services.
(c) “State hospital” means any hospital specified in Section 4440.
(Added by Stats. 1977, Ch. 1252.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.1 - DEVELOPMENTAL SERVICES › PART 1 - GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT › Section 4405.

4405. With the consent of the Senate, the Governor shall appoint to serve at his pleasure, the Director of Developmental Services. He shall have the powers of a head of a department pursuant to Chapter 2 (commencing with Section 11150) of Part 1 of Division 3 of Title 2 of the Government Code, and shall receive the salary provided for by Chapter 6 (commencing with Section 11550) of Part 1 of Division 3 of Title 2 of the Government Code.
Upon recommendation of the director, the Governor may appoint a chief deputy director of the department who shall hold office at the pleasure of the Governor. The salary of the chief deputy director shall be fixed in accordance with law.
(Amended by Stats. 1978, Ch. 432.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.1 - DEVELOPMENTAL SERVICES › PART 1 - GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT › Section 4406.

4406. The State Department of Developmental Services succeeds to and is vested with the duties, purposes, responsibilities, and jurisdiction exercised by the State Department of Health with respect to developmental disabilities on the date immediately prior to the date this section becomes operative.
(Added by Stats. 1977, Ch. 1252.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.1 - DEVELOPMENTAL SERVICES › PART 1 - GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT › Section 4407.

4407. The State Department of Developmental Services shall have possession and control of all records, papers, offices, equipment, supplies, moneys, funds, appropriations, land, and other property real or personal held for the benefit or use of the Director of Health in the performance of his duties, powers, purposes, responsibilities, and jurisdiction that are vested in the State Department of Developmental Services by Section 4406.
(Added by Stats. 1977, Ch. 1252.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.1 - DEVELOPMENTAL SERVICES › PART 1 - GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT › Section 4408.

4408. All officers and employees of the Director of Health who on the operative date of this section are serving in the state civil service, other than as temporary employees, and engaged in the performance of a function vested in the State Department of Developmental Services by Section 4406 shall be transferred to the State Department of Developmental Services. The status, positions, and rights of such persons shall not be affected by the transfer and shall be retained by them as officers and employees of the State Department of Developmental Services pursuant to the State Civil Service Act, except as to positions exempt from civil service.
(Added by Stats. 1977, Ch. 1252.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.1 - DEVELOPMENTAL SERVICES › PART 1 - GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT › Section 4409.

4409. All regulations heretofore adopted by the State Department of Health pursuant to authority now vested in the State Department of Developmental Services by Section 4406 and in effect immediately preceding the operative date of this section shall remain in effect and shall be fully enforceable unless and until readopted, amended or repealed by the Director of Developmental Services.
(Amended by Stats. 1978, Ch. 429.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.1 - DEVELOPMENTAL SERVICES › PART 1 - GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT › Section 4410.

4410. With the approval of the Department of General Services and for use in the furtherance of the work of the State Department of Developmental Services, the director may accept any or all of the following:
(a) Grants of interest in real property.
(b) Grants of money received by this state from the United States, the expenditure of which is administered through or under the direction of any department of this state.
(c) Gifts of money from public agencies or from persons, organizations, or associations interested in scientific, educational, charitable, or mental health fields.
(Amended by Stats. 2014, Ch. 144, Sec. 80. (AB 1847) Effective January 1, 2015.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.1 - DEVELOPMENTAL SERVICES › PART 1 - GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT › Section 4411.

4411. The department may expend in accordance with law all money now or hereafter made available for its use, or for the administration of any statute administered by the department.
(Added by Stats. 1977, Ch. 1252.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.1 - DEVELOPMENTAL SERVICES › PART 1 - GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT › Section 4412.

4412. The department may expend money in accordance with law for the actual and necessary travel expenses of officers and employees of the department who are authorized to absent themselves from the State of California on official business.
For the purposes of this section and of Sections 11030 and 11032 of the Government Code, the following constitutes, among other purposes, official business for said officers and employees for which such officers and employees shall be allowed actual and necessary traveling expenses when incurred either in or out of this state upon approval of the Governor and Director of Finance:
Attending meetings of any national association or organization having as its principal purpose the study of matters relating to administration of institutions, and care and treatment of developmentally disabled patients; conferring with officers or employees of the United States or other states, relative to problems of institutional care, treatment or management; and obtaining information therefrom, which information would be useful in the conduct of institutional, psychiatric, medical, and similar activities of the State Department of Developmental Services.
(Added by Stats. 1977, Ch. 1252.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.1 - DEVELOPMENTAL SERVICES › PART 1 - GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT › Section 4413.

4413. The department may appoint and fix the compensation of such employees as it deems necessary, subject to the laws governing civil service.
(Added by Stats. 1977, Ch. 1252.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.1 - DEVELOPMENTAL SERVICES › PART 1 - GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT › Section 4414.

4414. When convening any task force or advisory group, the department shall make its best effort to ensure representation by consumers and family members representing California’s multicultural diversity.
(Added by Stats. 1997, Ch. 414, Sec. 1. Effective September 22, 1997.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.1 - DEVELOPMENTAL SERVICES › PART 1 - GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT › Section 4415.

4415. Except as in this chapter otherwise prescribed, the provisions of the Government Code relating to state officers and departments shall apply to the State Department of Developmental Services.
(Added by Stats. 1977, Ch. 1252.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.1 - DEVELOPMENTAL SERVICES › PART 1 - GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT › Section 4415.5.

4415.5. (a) The Chief of the Office of Protective Services, who has the responsibility and authority to manage all protective service components within the department’s law enforcement and fire protection divisions, including those at each state developmental center, shall be known as the Director of Protective Services. The director shall be an experienced law enforcement officer with a Peace Officers Standards and Training Management Certificate or higher, and with extensive management experience directing uniformed peace officer and investigation operations.
(b) The Director of Protective Services shall be appointed by, and shall serve at the pleasure of, the Secretary of California Health and Human Services.
(Added by Stats. 2012, Ch. 660, Sec. 2. (SB 1051) Effective September 27, 2012.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.1 - DEVELOPMENTAL SERVICES › PART 1 - GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT › Section 4416.

4416. Unless otherwise indicated in this code, the State Department of Developmental Services has jurisdiction over the execution of the laws relating to the care, custody, and treatment of developmentally disabled persons, as provided in this code.
As used in this division, “establishment” and “institutions” include every hospital, sanitarium, boarding home, or other place receiving or caring for developmentally disabled persons.
(Added by Stats. 1977, Ch. 1252.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.1 - DEVELOPMENTAL SERVICES › PART 1 - GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT › Section 4416.5.

4416.5. The State Department of Developmental Services may contract with one or more qualified organizations to provide the services required by Section 1919 of the Social Security Act (P.L. 100-203) to persons eligible for those services who are not otherwise within the scope of Division 4.1 (commencing with Section 4400), Division 4.5 (commencing with Section 4500), Division 6 (commencing with Section 6000), or Chapter 3 (commencing with Section 7500) of Division 7. Contracts entered into pursuant to this section may be awarded on either a competitive bidding basis or on a noncompetitive bidding basis.
(Added by Stats. 1989, Ch. 973, Sec. 2. Effective September 29, 1989.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.1 - DEVELOPMENTAL SERVICES › PART 1 - GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT › Section 4417.

4417. (a) The State Department of Developmental Services may:
(1) Disseminate educational information relating to the prevention, diagnosis and treatment of persons with intellectual disabilities.
(2) Upon request, advise all public officers, organizations and agencies interested in the developmental disabilities of the people of the state.
(3) Conduct educational and related work that will tend to encourage the development of proper facilities for persons with developmental disabilities throughout the state.
(b) The department may organize, establish, and maintain community mental health clinics for the prevention, early diagnosis, and treatment of intellectual disability. These clinics may be maintained only for persons not requiring institutional care, who voluntarily seek the aid of the clinics. These clinics may be maintained at the locations in the communities of the state designated by the director, or at any institution under the jurisdiction of the department designated by the director.
(c) The department may establish rules and regulations that are necessary to carry out this section. This section does not authorize any form of compulsory medical or physical examination, treatment, or control of any person.
(Amended by Stats. 2014, Ch. 144, Sec. 81. (AB 1847) Effective January 1, 2015.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.1 - DEVELOPMENTAL SERVICES › PART 1 - GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT › Section 4418.

4418. The State Department of Developmental Services may obtain psychiatric, medical and other necessary aftercare services for judicially committed patients on leave of absence from state hospitals by contracting with any city, county, local health district, or other public officer or agency, or with any private person or agency to furnish such services to patients in or near the home community of the patient. Any city, county, local health district, or other public officer or agency authorized by law to provide mental health and aftercare services is authorized to enter such contracts.
(Added by Stats. 1977, Ch. 1252.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.1 - DEVELOPMENTAL SERVICES › PART 1 - GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT › Section 4418.2.

4418.2. The department shall support, utilizing regional resource development projects, the activities specified in Sections 4418.25, 4418.3, and 4418.7.
(Added by Stats. 2002, Ch. 1161, Sec. 27. Effective September 30, 2002.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.1 - DEVELOPMENTAL SERVICES › PART 1 - GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT › Section 4418.5.

4418.5. The department may provide protective social services for the care of developmentally disabled patients released from state hospitals of the department or to prevent the unnecessary admission of developmentally disabled persons to hospitals at public expense or to facilitate the release of developmentally disabled patients for whom such hospital care is no longer the appropriate treatment; provided that such services may be rendered only if provision for such services is made in the California Developmental Disabilities State Plan.
The department, to the extent funds are appropriated and available, shall pay for the cost of providing for care in a private home for developmentally disabled persons described in, and subject to the request and plan conditions of, the immediately preceding paragraph. The monthly rate for such private home care shall be set by the department at an amount which will provide the best possible care at minimum cost and also insure:
(1) That the person will receive proper treatment and may be expected to show progress in achieving the maximum adjustment toward returning to community life; and
(2) That sufficient homes can be recruited to achieve the stated objectives of this section.
It is the legislative intent that the department may make the fullest possible use of available resources in serving developmentally disabled persons.
The department may provide services pursuant to this section directly or through contract with public or private entities.
Notwithstanding any other provision of law, any contract or grant entered into with a public or private nonprofit corporation for the provision of services to developmentally disabled persons may provide for periodic advance payments for services to be performed under such contract. No advanced payment made pursuant to this section shall exceed 25 percent of the total annual contract amount.
The department may provide protective social services, including the cost of care in a private home pursuant to this section or in a suitable facility as specified in Section 7354, for judicially committed developmentally disabled patients released from a state hospital on leave of absence or parole, and payments therefor shall be made from funds available to the department for that purpose or for the support of patients in state hospitals.
(Amended by Stats. 1979, Ch. 1142.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.1 - DEVELOPMENTAL SERVICES › PART 1 - GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT › Section 4418.6.

4418.6. The department may establish within its family care program respite care services for the developmentally disabled. Such respite care services may be available to both family home caretakers and to persons referred by the regional centers for the developmentally disabled. For purposes of this section, respite care means temporary and intermittent care provided for short periods of time.
The rate of reimbursement for such respite care service shall be established by the department after it conducts a study to determine if there are increased costs inherent in the provision of an intermittent and irregular service.
(Added by renumbering Section 10053.9 by Stats. 1978, Ch. 429.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.1 - DEVELOPMENTAL SERVICES › PART 1 - GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT › Section 4419.

4419. Within the limits of available funds it is the intent of the Legislature that the department shall require all personnel working directly with patients to complete, within a reasonable time after the effective date of this section or after their appointments, whichever is later, or have completed, training with regard to the care and treatment of such patients.
(Added by Stats. 1977, Ch. 1252.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.1 - DEVELOPMENTAL SERVICES › PART 1 - GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT › Section 4420.

4420. In order to assure an adequate number of qualified psychiatric technicians, psychiatrists, physicians and surgeons, psychologists, nurses, social workers, laboratory and other technicians, and ancillary workers, the department shall negotiate with any or all of the following: the University of California, the state colleges, the community colleges, private universities and colleges, and public and private hospitals, and arrange such affiliations or make such contracts for educational or training programs and awards training grants or stipends as may be necessary. Arrangements may be made in the hospitals and clinics operated by the department for the clinical experience essential to such educational and training programs, and positions in the department as interns and residents may be established.
(Amended by Stats. 1979, Ch. 373.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.1 - DEVELOPMENTAL SERVICES › PART 1 - GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT › Section 4421.

4421. In order to assure an adequate number of qualified psychiatrists and psychologists with forensic skills, the State Department of Developmental Services shall plan with the University of California, private universities, and the California Postsecondary Education Commission, for the development of programs for the training of psychiatrists and psychologists with forensic skills.
(Added by Stats. 1977, Ch. 1252.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.1 - DEVELOPMENTAL SERVICES › PART 1 - GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT › Section 4422.

4422. The department may examine all public and private hospitals, boarding homes or other establishments whether or not licensed by the department, receiving or caring for developmentally disabled persons and may inquire into their methods of government, and the treatment of all patients thereof.
It may examine the condition of all buildings, grounds, or other property connected with such institutions, and may inquire into all matters relating to their management. For the purposes specified in this paragraph the department shall have free access to the grounds, buildings, and books and papers of any such institution, and every person connected therewith shall give such information and afford such facilities for examination or inquiry as the department requires.
Any evidence found of suspected licensing violations shall be reported immediately to the State Department of Health Services or the State Department of Social Services, whichever has jurisdiction.
(Amended by Stats. 1978, Ch. 432.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.1 - DEVELOPMENTAL SERVICES › PART 1 - GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT › Section 4423.

4423. In every place in which a developmentally disabled person may be involuntarily held, the persons confined therein shall be permitted access to and examination or inspection of copies of this code.
(Added by Stats. 1977, Ch. 1252.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.1 - DEVELOPMENTAL SERVICES › PART 1 - GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT › Section 4424.

4424. The department shall adopt, for all hospitals, rules and regulations, books of record for all departments, blank forms for clinical records and other purposes, questions for examination of employees, and questions for examination, in all the different branches of medicine and surgery and especially in the subject of diseases affecting the brain and nervous system, of all officers and interns, for the special use of the hospital.
(Added by Stats. 1977, Ch. 1252.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.1 - DEVELOPMENTAL SERVICES › PART 1 - GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT › Section 4425.

4425. The department shall keep in its office a record showing the following facts concerning each patient in custody in the several institutions:
(a) Name, residence, sex, age, place of birth, occupation, and civil condition.
(b) The date of commitment, and the respective names and residences of
(1) The person who made the petition for commitment,
(2) The persons who signed the medical certificate, and
(3) The judge who made the order of commitment.
(c) The name of the institution in which he is confined, the date of his admission thereto, and whether he was brought from his home or from another institution. If he was brought from another institution, the record shall show also the name of that institution, by whom he was brought therefrom and his condition.
(d) If discharged, the date of discharge, to whose care he was committed, and whether recovered, improved, unimproved, or not in need of commitment.
(e) If transferred, for what cause the transfer was made, and to what institution.
(f) If dead, the date and cause of death.
(Added by Stats. 1977, Ch. 1252.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.1 - DEVELOPMENTAL SERVICES › PART 1 - GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT › Section 4426.

4426. The department may inquire into the manner in which a person with an intellectual disability who is subject to commitment, not confined in a state hospital, is cared for and maintained. If, in its judgment, the person is not properly and suitably cared for, the department may apply to a judge of the superior court for an order to commit him or her to a state hospital under the provisions of this code. This order shall not be made unless the judge finds, and certifies in the order, that the person is not properly or suitably cared for by his or her relatives, legal guardian, or conservator, or that it is dangerous to the public to allow him or her to be cared for and maintained by the relatives, legal guardian, or conservator.
(Amended by Stats. 2012, Ch. 457, Sec. 47. (SB 1381) Effective January 1, 2013.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.1 - DEVELOPMENTAL SERVICES › PART 1 - GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT › Section 4427.

4427. When the department has reason to believe that any person held in custody as developmentally disabled is wrongfully deprived of his liberty, or is cruelly or negligently treated, or that inadequate provision is made for the skillful medical care, proper supervision, and safekeeping of any such person, it may ascertain the facts. It may issue compulsory process for the attendance of witnesses and the production of papers, and may exercise the powers conferred upon a referee in a superior court. It may make such orders for the care and treatment of such person as it deems proper.
Whenever the department undertakes an investigation into the general management and administration of any establishment or place of detention for the developmentally disabled, it may give notice of such investigation to the Attorney General, who shall appear personally or by deputy, to examine witnesses in attendance and to assist the department in the exercise of the powers conferred upon it in this code.
The department may at any time cause the patients of any county or city almshouse to be visited and examined, in order to ascertain if developmentally disabled persons are kept therein.
(Added by Stats. 1977, Ch. 1252.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.1 - DEVELOPMENTAL SERVICES › PART 1 - GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT › Section 4427.7.

4427.7. (a) Designated investigators of developmental centers shall request a sexual assault forensic medical examination for any resident of a developmental center who is a victim or reasonably suspected to be a victim of sexual assault, as defined in Section 15610.63, performed at an appropriate facility off the grounds of the developmental center in accordance with Sections 13823.5 to 13823.12, inclusive, of the Penal Code, which includes, but is not limited to, the requirement that the law enforcement agency having jurisdiction over the city or county in which the developmental center is located be notified by the person performing the sexual assault forensic medical examination and that consent is obtained as required by subdivisions (a) and (c) of Section 13823.11 of the Penal Code.
(b) The sexual assault forensic medical examination described in subdivision (a) may be performed at a developmental center by an independent sexual assault forensic examiner designated to perform examinations of victims of sexual assault in the jurisdiction of the developmental center only if it is deemed safer for the victim and the developmental center’s examination facilities are equipped with forensic examination and evidence collection capability comparable to that of the designated community examination facility, as determined by the independent sexual assault forensic examiner.
(Added by Stats. 2013, Ch. 724, Sec. 6. (SB 651) Effective January 1, 2014.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.1 - DEVELOPMENTAL SERVICES › PART 1 - GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT › Section 4428.

4428. When complaint is made to the department regarding the officers or management of any hospital or institution for the developmentally disabled, or regarding the management of any person detained therein or regarding any person held in custody, the department may, before making an examination regarding such complaint, require it to be made in writing and sworn to before an officer authorized to administer oaths. On receipt of such a complaint, sworn to if so required, the department shall direct that a copy of the complaint be served on the authorities of the hospital or institution or the person against whom complaint is made, together with notice of the time and place of the investigation, as the department directs.
(Added by Stats. 1977, Ch. 1252.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.1 - DEVELOPMENTAL SERVICES › PART 1 - GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT › Section 4429.

4429. The department shall biennially report to the Legislature its acts and proceedings for the two years ending the June 30th last preceding, with such facts regarding the management of the institution for the developmentally disabled as it deems necessary for the information of the Legislature, including estimates of the amounts required for the use of such hospitals and the reasons therefor, and including annual reports for each state hospital.
(Added by Stats. 1977, Ch. 1252.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.1 - DEVELOPMENTAL SERVICES › PART 1 - GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT › Section 4430.

4430. The department shall report to the Legislature the prospective needs for the care, custody, and treatment of developmentally disabled persons, together with its recommendations therefor. For the purpose of preventing overcrowding, it shall recommend such plans for the development of additional medical facilities as, in its judgment, will best meet the requirements of such persons.
(Added by Stats. 1977, Ch. 1252.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.1 - DEVELOPMENTAL SERVICES › PART 1 - GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT › Section 4431.

4431. Charges made by the department for the care and treatment of each patient in a facility maintained by the department shall not exceed the actual cost thereof as determined by the director in accordance with standard accounting practices. The director is not prohibited from including the amount of expenditures for capital outlay or the interest thereon, or both, in his determination of actual cost.
As used in this section, the terms “care” and “care and treatment” include care, treatment, support, maintenance, and other services rendered by the department to a patient in the state hospital or other facility maintained by or under the jurisdiction of the department.
(Added by Stats. 1977, Ch. 1252.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.1 - DEVELOPMENTAL SERVICES › PART 1 - GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT › Section 4432.

4432. (a) The State Department of Developmental Services shall report proposed allocations for level-of-care staffing in state hospitals that serve persons with developmental disabilities that shall include the following:
(1) All assumptions underlying estimates of state hospital developmentally disabled population.
(2) A comparison of the actual and estimated population levels for the year to date. If the actual populations differ from the estimated population by 50 or more, the department shall include in its reports a description of the change and the fiscal impact. The department shall make this information available to the Legislature during the budget process, but no later than January 10 of each year and no later than the release of the May revision of the Governor’s proposed budget each year.
(b) The department shall provide the information required by subdivision (a) on the same dates as specified in subdivision (a) to the State Council on Developmental Disabilities created by Section 4520. The State Council on Developmental Disabilities shall provide the Legislature with review and comment on the information in a report.
(Amended by Stats. 1992, Ch. 713, Sec. 34. Effective September 15, 1992.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.1 - DEVELOPMENTAL SERVICES › PART 1 - GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT › Section 4433.5.

4433.5. Notwithstanding Section 4433, the department may contract with the State Council on Developmental Disabilities for the purpose of providing clients’ rights advocacy services to individuals with developmental disabilities who reside in developmental centers.
(Amended by Stats. 2014, Ch. 409, Sec. 2. (AB 1595) Effective January 1, 2015.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.1 - DEVELOPMENTAL SERVICES › PART 1 - GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT › Section 4435.

4435. (a) It is the intent of the Legislature to advance regional center service provision that is person centered and more uniform, consistent, and equitable, while enhancing the experiences of individuals and families. It is the further intent of the Legislature that the department shall, consistent with these equity goals, have the authority under this division to oversee and monitor the manner in which regional centers provide services pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500)).
(b) Written directives issued by the department shall be consistent with the Lanterman Developmental Disabilities Services Act, and shall not interfere with the discretion of the individual program planning team to determine the needs and services appropriate for each person with a developmental disability who is entitled to services under the Lanterman Developmental Disabilities Services Act.
(Added by Stats. 2023, Ch. 192, Sec. 6. (SB 138) Effective September 13, 2023.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.1 - DEVELOPMENTAL SERVICES › PART 1 - GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT › Section 4435.2.

4435.2. (a) No later than July 1, 2025, the department, with input from stakeholders, including consumers and families, relevant state agencies, and other entities overseeing benefits or services considered generic services by regional centers, including representatives of the State Department of Education, the Department of Rehabilitation, the State Department of Social Services, and the State Department of Health Care Services, shall provide all of the following information to the Legislature in accordance with Section 9795 of the Government Code:
(1) A definition of generic services.
(2) Options to improve coordination of generic services for individuals and families.
(3) A description of regional center efforts to coordinate generic services for individuals and families.
(4) Identified barriers to accessing generic services.
(b) The department shall explore the feasibility of including the functionality in its new case management system to track utilization of generic services. This functionality shall be used to the extent that data are available.
(c) (1) The department shall, with input from stakeholders, including consumers and families, evaluate the availability of common services and supports that individuals served by regional centers can access when determined necessary by their individual program planning team or their individualized family service plan team.
(2) The department shall evaluate these common services and supports for all of the following:
(A) Inconsistencies in the availability of services or supports across the state.
(B) Availability of services or supports based on the preferred language of consumers.
(C) Recommendations for addressing inconsistencies, including data collection and related infrastructure requirements that may be necessary to analyze service or support use patterns.
(3) By January 10, 2025, the department shall provide a status update on efforts to complete the evaluation described in this subdivision and a projected date for completing the evaluation.
(d) As part of its quarterly updates to the Legislature pursuant to Section 4474.17, the department shall provide information on the status of implementation of this section.
(Added by Stats. 2023, Ch. 192, Sec. 8. (SB 138) Effective September 13, 2023.)