reglab/statecodes huggingface dataset:
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.5 - SERVICES FOR THE DEVELOPMENTALLY DISABLED › CHAPTER 7 - Appeal Procedure › ARTICLE 2 - General Provisions › Section 4708.

4708. (a) (1) The department shall create, with input from stakeholders, standard appeals process information packets. There shall be one information packet related to appeals under the California Early Intervention Services Act (Title 14 (commencing with Section 95000) of the Government Code) and another information packet related to appeals under the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500)). The appeals process information packets shall include all information required by this chapter and by Section 52161 and Sections 52170 to 52174, inclusive, of Title 17 of the California Code of Regulations, and shall include the appeal request form.
(2) The appeals process information packets shall be translated to provide language access, as required by state and federal law, and shall be available in alternative formats and alternative modes of communication as required by state and federal law.
(3) The appeals process information packets shall be made available by regional centers and state-operated facilities to recipients and applicants at each regularly scheduled planning meeting and with all notices of action required by Section 4710. Upon request, the department and the regional center shall provide the information packet to applicants, recipients, and authorized representatives. The department and regional centers shall post a link to the standard appeals process information packets on their internet websites within 60 days of the department making the information packets available.
(b) The standard appeals process information packets required by this section shall be completed by the department, including translations and alternative formats, and following consultation with stakeholders, on or before March 1, 2023.
(Added by Stats. 2022, Ch. 49, Sec. 37. (SB 188) Effective June 30, 2022.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.5 - SERVICES FOR THE DEVELOPMENTALLY DISABLED › CHAPTER 7 - Appeal Procedure › ARTICLE 3 - Fair Hearing Procedure › Section 4710.5.

4710.5. (a) Any applicant for or recipient of services, or authorized representative of the applicant or recipient, who is dissatisfied with a decision or action of the regional center or state-operated facility under this division shall, upon filing a request within 60 days after notification of that decision or action, be afforded an opportunity for an informal meeting, a mediation, and a fair hearing.
(b) The request for an informal meeting, mediation, or a fair hearing, or any combination thereof, shall be stated in writing on the appeal request form prescribed by the department.
(c) If any person makes a request for an informal meeting, mediation, or a fair hearing other than on the appeal request form, the employee of the regional center, department, or the state-operated facility who learns of the request shall provide the person with the appeal request form prescribed by the department and shall assist the person in filling out the form if the person requires or requests assistance. Any employee who willfully fails to comply with this requirement shall be guilty of a misdemeanor.
(d) The appeal request form shall be sent to the department unless the department has designated another agency to receive the form. The department or another agency that has been designated to receive the appeal request form shall send an electronic copy of a hearing request to the hearing office and the regional center or state-operated facility responsible for the action described in subdivision (a) within one business day of the department’s or designated agency’s receipt of the request. The department shall maintain information regarding all hearing request forms.
(e) This section shall become operative on March 1, 2023.
(Repealed (in Sec. 40) and added by Stats. 2022, Ch. 49, Sec. 41. (SB 188) Effective June 30, 2022. Operative March 1, 2023, by its own provisions.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.5 - SERVICES FOR THE DEVELOPMENTALLY DISABLED › CHAPTER 7 - Appeal Procedure › ARTICLE 3 - Fair Hearing Procedure › Section 4710.6.

4710.6. (a) (1) Upon receipt of an appeal request form requesting an informal meeting, the regional center or state-operated facility and the claimant shall determine a mutually agreed-upon date, time, and place for the meeting to be held, which shall be within 10 days of the date the department, or another agency designated by the department, receives the request, or unless the claimant requests a continuance.
(2) A place pursuant to paragraph (1) may include an agreement of the parties to conduct the informal meeting by telephone, videoconference, or other electronic means.
(b) The regional center or state-operated facility shall notify the claimant and their authorized representative in writing and in their preferred language of the mutually agreed-upon date, time, and place for the informal meeting.
(c) A written notification of rights specified in Section 4701 shall be provided to the claimant unless the regional center or state-operated facility provided the required written notification of those rights with the notice required by Section 4710.
(d) This section shall become operative on March 1, 2023.
(Repealed (in Sec. 42) and added by Stats. 2022, Ch. 49, Sec. 43. (SB 188) Effective June 30, 2022. Operative March 1, 2023, by its own provisions.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.5 - SERVICES FOR THE DEVELOPMENTALLY DISABLED › CHAPTER 7 - Appeal Procedure › ARTICLE 3 - Fair Hearing Procedure › Section 4710.7.

4710.7. (a) The purpose of the informal meeting is to attempt to resolve the issue or issues that are the subject of the appeal request informally prior to a mediation or fair hearing.
(b)  The informal meeting shall be conducted by the regional center or state-operated facility director or their designee. The regional center or state-operated facility director or their designee shall notify the applicant or recipient and their authorized representative of the decision from the informal meeting in writing within five days of the meeting.
(c) The written decision of the regional center or state-operated facility director or their designee shall:
(1) Identify the issues presented by the appeal.
(2) Rule on each issue identified.
(3) State the facts supporting each ruling.
(4) Identify the specific laws, regulations, and policies upon which each ruling is based.
(5) Be provided in the preferred language of the applicant or recipient, or their authorized representative.
(d) This section shall become operative on March 1, 2023.
(Repealed (in Sec. 44) and added by Stats. 2022, Ch. 49, Sec. 45. (SB 188) Effective June 30, 2022. Operative March 1, 2023, by its own provisions.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.5 - SERVICES FOR THE DEVELOPMENTALLY DISABLED › CHAPTER 7 - Appeal Procedure › ARTICLE 3 - Fair Hearing Procedure › Section 4710.8.

4710.8. (a) At an informal meeting, the claimant shall have the rights stated pursuant to Section 4701.
(b) An informal meeting shall be held consistent with Section 4710.6.
(c) An informal meeting shall be conducted in the English language. However, if the preferred language of the claimant or the authorized representative is not English, an interpreter shall be provided. Any cost of an interpreter shall be borne by the regional center or state-operated facility.
(d) This section shall become operative on March 1, 2023.
(Repealed (in Sec. 46) and added by Stats. 2022, Ch. 49, Sec. 47. (SB 188) Effective June 30, 2022. Operative March 1, 2023, by its own provisions.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.5 - SERVICES FOR THE DEVELOPMENTALLY DISABLED › CHAPTER 7 - Appeal Procedure › ARTICLE 3 - Fair Hearing Procedure › Section 4710.9.

4710.9. (a) If, after the informal meeting, the claimant or their authorized representative is satisfied with all or part of the decision of the regional center or state-operated facility, they shall withdraw the request for an appeal on the matter or matters that have been decided to their satisfaction. The decision of the regional center or state-operated facility shall go into effect 10 days after the receipt of the full or partial withdrawal of the request for an appeal on those matters. The regional center or state-operated facility shall immediately forward a copy of the full or partial withdrawal, including a copy of the written decision, to the department and to the hearing office.
(b) If the claimant or their authorized representative is dissatisfied with all or part of the decision of the regional center or state-operated facility, the regional center or state-operated facility shall immediately notify the department and the hearing office that the appeal request has not been withdrawn.
(c) (1) If a claimant or their authorized representative has not advised the regional center or state-operated facility whether they want to proceed to a mediation or fair hearing within three days of receiving the informal meeting decision, they may do so at a later date.
(2) A decision to proceed to a mediation or fair hearing that is made more than three days after receiving the informal meeting decision shall be considered a waiver of their Medicaid home and community-based services right to a hearing decision within 90 days of the date the original request was received by the department.
(3) Services provided pursuant to a recipient’s individual program plan during the appeal shall end as specified in Section 4715.
(4) Sixty days after receiving the informal meeting decision, the appeal shall be considered withdrawn if the claimant or their authorized representative has not advised the regional center or state-operated facility of their intent to proceed to a mediation or fair hearing.
(d) A recommendation for consolidation pursuant to Section 4712.2 to the hearing office may be made at this time.
(e) This section shall become operative on March 1, 2023.
(Repealed (in Sec. 48) and added by Stats. 2022, Ch. 49, Sec. 49. (SB 188) Effective June 30, 2022. Operative March 1, 2023, by its own provisions.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.5 - SERVICES FOR THE DEVELOPMENTALLY DISABLED › CHAPTER 7 - Appeal Procedure › ARTICLE 3 - Fair Hearing Procedure › Section 4711.

4711. (a) Upon receipt of an appeal request form requesting mediation or a fair hearing, the hearing office shall immediately notify the claimant and the claimant’s authorized representative, in their preferred language, and the regional center or state-operated facility director in writing of all the following information applicable to mediation and fair hearings:
(1) (A) The time, place, and date of the mediation or fair hearing, as applicable.
(B) A place pursuant to paragraph (1) may include an agreement of the parties, or an order by a hearing officer, following a finding of good cause, to conduct the mediation or hearing by telephone, videoconference, or other electronic means.
(2) The rights of the parties at the mediation or fair hearing pursuant to Section 4701 or 4711.5, as applicable.
(3) The availability of advocacy assistance pursuant to paragraph (5) of subdivision (a) of Section 4701.
(4) As applicable, contact information for persons or offices to conduct mediation or fair hearings, and to receive requests for continuance or consolidation.
(5) The rights and responsibilities of the parties established pursuant to Sections 4711.5 and 4712.
(b) This section shall become operative on March 1, 2023.
(Repealed (in Sec. 50) and added by Stats. 2022, Ch. 49, Sec. 51. (SB 188) Effective June 30, 2022. Operative March 1, 2023, by its own provisions.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.5 - SERVICES FOR THE DEVELOPMENTALLY DISABLED › CHAPTER 7 - Appeal Procedure › ARTICLE 3 - Fair Hearing Procedure › Section 4711.5.

4711.5. (a) Upon receipt of an appeal request form requesting mediation, the hearing office shall promptly notify the claimant and their authorized representative, in their preferred language, and the regional center or state-operated facility, of the information applicable to mediation.
(b) (1) The mediation shall be held within 30 days of the date the appeal request form is received by the department or by another agency designated by the department to receive the appeal request form, or unless a continuance is requested and granted to the claimant at the discretion of the mediator.
(2) A continuance granted pursuant to paragraph (1) shall constitute a waiver of a Medicaid home and community-based services participant’s right to a decision within 90 days of the date the appeal request form is received by the department or by another agency designated by the department to receive the appeal request form. The extension of time for the final decision resulting from the continuance shall be only as long as the time period of the continuance.
(c) Mediation shall be conducted in an informal, nonadversarial manner, and shall incorporate the rights of the claimant contained in paragraph (8) of subdivision (a) of Section 4701.
(d) Mediators shall meet both of the following requirements:
(1) Familiarity with the provisions of this division and implementing regulations, and familiarity with the process of reconciling differences in a nonadversarial, informal manner.
(2) The person is not in the business of providing or supervising services provided to regional centers or to regional center applicants or recipients.
(e) During the course of the mediation, the mediator may meet separately with the participants to the mediation, and may speak with any party or parties confidentially in an attempt to assist the parties to reach a resolution that is acceptable to all parties.
(f) The mediator shall voluntarily disqualify themselves and withdraw from any case in which the mediator cannot be fair and impartial. Any party may request the disqualification of the mediator by filing an affidavit, prior to the mediation, stating the specific grounds upon which it is claimed that a fair and impartial mediation cannot be held. The issue shall be decided by the mediator.
(g) Either the regional center or state-operated facility or the claimant or their authorized representative may withdraw from mediation at any time after the conclusion of the first mediation session, as that time is established by the mediator, and proceed to a fair hearing, if a fair hearing has been requested by the claimant.
(h) This section shall become operative on March 1, 2023.
(Repealed (in Sec. 52) and added by Stats. 2022, Ch. 49, Sec. 53. (SB 188) Effective June 30, 2022. Operative March 1, 2023, by its own provisions.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.5 - SERVICES FOR THE DEVELOPMENTALLY DISABLED › CHAPTER 7 - Appeal Procedure › ARTICLE 3 - Fair Hearing Procedure › Section 4711.7.

4711.7. (a) If the issue or issues involved in the mediation are resolved or partially resolved to the satisfaction of both parties, the mediator shall prepare a written resolution. Agreement of the claimant or their authorized representative to the written resolution shall be accompanied by a withdrawal or partial withdrawal, in writing, of any fair hearing request. The written resolution shall go into effect 10 days after receipt of the claimant’s agreement to the written resolution. The mediator shall promptly forward a copy of the written resolution and any full or partial withdrawal of a fair hearing request to the hearing office.
(b) If the mediation fails to resolve an issue or issues to the satisfaction of the claimant, or their authorized representative, the matter shall, at the claimant’s request, proceed to a fair hearing with respect to the unresolved issue or issues as provided under this chapter.
(c) The mediator, after the conclusion of the mediation, shall promptly notify the hearing office, department, claimant and their authorized representative, and regional center of the outcome of the mediation and whether or not the claimant wants to proceed to a fair hearing. If the claimant or their authorized representative has not indicated whether they want to proceed to a fair hearing, the matter shall be taken off the calendar and continued until the time that the claimant requests a hearing or withdraws the hearing request. The continuance shall be considered a waiver of their Medicaid home- and community-based waiver services right to a hearing decision within 90 days of the date the original request was received by the department.
(d) Services provided pursuant to a recipient’s individual program plan during the appeal shall end as specified in Section 4715.
(e) Sixty days after the mediator’s notice of the outcome of the mediation, the appeal shall be considered withdrawn if the claimant or their authorized representative has not indicated their intent to proceed to a fair hearing.
(f) This section shall become operative on March 1, 2023.
(Repealed (in Sec. 54) and added by Stats. 2022, Ch. 49, Sec. 55. (SB 188) Effective June 30, 2022. Operative March 1, 2023, by its own provisions.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.5 - SERVICES FOR THE DEVELOPMENTALLY DISABLED › CHAPTER 7 - Appeal Procedure › ARTICLE 3 - Fair Hearing Procedure › Section 4712.2.

4712.2. (a) Two or more claimants with a common complaint, or their authorized representatives, or a regional center or state-operated facility may request the consolidation of appeals involving a common question of law or fact. The hearing officer may grant the request for consolidation if the hearing officer finds that consolidation would not result in prejudice or undue inconvenience to any party, undue delay, or a violation of any claimant’s right to confidentiality unless the claimant agrees to have otherwise confidential information revealed to other claimants. Requests for consolidation shall be forwarded to the hearing officer and postmarked within five days of the receipt of the notice sent pursuant to Section 4711. The hearing officer shall notify the parties and authorized representatives, if any, of a request for consolidation and shall afford an opportunity for any written objections to be submitted.
(b) In all consolidated hearings, each individual claimant shall have all the rights specified in Section 4701. A separate written decision shall be issued to each claimant and respective authorized representatives.
(c) This section shall become operative on March 1, 2023.
(Repealed (in Sec. 58) and added by Stats. 2022, Ch. 49, Sec. 59. (SB 188) Effective June 30, 2022. Operative March 1, 2023, by its own provisions.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.5 - SERVICES FOR THE DEVELOPMENTALLY DISABLED › CHAPTER 7 - Appeal Procedure › ARTICLE 3 - Fair Hearing Procedure › Section 4713.

4713. (a) If the final decision is unfavorable to the claimant, and the claimant has been receiving the services that have been the subject of the appeal, the decision shall not be implemented until 15 days after receipt of the final hearing decision by the claimant and the authorized representative, unless a reconsideration is requested within 15 days from the date of the final hearing decision. If a reconsideration is requested, any services shall continue as specified in Section 4715.
(b) Within 15 days of the date of the final hearing decision, a party may apply to the hearing office or to the director responsible for issuing the final decision for a correction of a mistake of fact or law, or a clerical error in the decision or in the decision of the hearing officer not to recuse themselves following a request pursuant to subdivision (g) of Section 4712. The party shall state the specific grounds on which the application is made. Notice of the application shall be given to the other parties to the proceeding and to the department. The application is not a prerequisite for seeking judicial review. The other party may file a written statement supporting or opposing the application.
(c) The hearing office shall refer the application to a hearing officer who did not write the decision for which reconsideration is requested.
(d) Within 15 days of receiving the request, the hearing office or the director responsible for issuing the decision may deny the application, grant the application and modify the decision, or grant the application and set the matter for further proceedings. If further proceedings are authorized, they shall be conducted in the same manner and subject to the same time limits as the original hearing. Within one day of its decision on the application, the hearing office shall notify the parties and the department of its decision on the application.
(e) The hearing office or the director responsible for issuing the decision shall, within five business days after correction of a mistake of fact or law or clerical error in the decision, serve a copy of the corrected decision on each party and provide a copy to the State Department of Developmental Services.
(f) This section shall become operative on March 1, 2023.
(Repealed (in Sec. 63) and added by Stats. 2022, Ch. 49, Sec. 64. (SB 188) Effective June 30, 2022. Operative March 1, 2023, by its own provisions.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.5 - SERVICES FOR THE DEVELOPMENTALLY DISABLED › CHAPTER 7 - Appeal Procedure › ARTICLE 3 - Fair Hearing Procedure › Section 4713.5.

4713.5. (a) The regional center shall implement the final hearing decision as soon as practical and not later than 30 days following the date of the final hearing decision, or, if a reconsideration was granted, the regional center shall implement the final corrected decision 30 days following the reconsideration, unless the regional center notifies the claimant and their authorized representative in writing, with a copy to the department, of the specific exceptional circumstances that make it impossible to implement the decision within that timeframe and provides the date when the decision will be implemented.
(b) The claimant or authorized representative may contact the department if they are dissatisfied with the regional center’s or the state-operated facility’s compliance with the decision. Upon notification, the department shall take appropriate actions to obtain compliance with the decision.
(Added by Stats. 2022, Ch. 49, Sec. 65. (SB 188) Effective June 30, 2022.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.5 - SERVICES FOR THE DEVELOPMENTALLY DISABLED › CHAPTER 7 - Appeal Procedure › ARTICLE 3 - Fair Hearing Procedure › Section 4714.

4714. (a) For each appeal request form submitted pursuant to Section 4710.5, the department shall collect information related to the appeal from regional centers or state-operated facilities in a manner and at times determined by the department. The information collected shall include, but is not limited to, all of the following:
(1) Whether the case was resolved before an informal meeting or through an informal meeting.
(2) Whether the case was withdrawn and the reason for the withdrawal.
(3) Whether an informal meeting was declined.
(4) The issue or issues involved in the case by issue type, as specified by the department.
(5) If the case was resolved, the resolution outcome.
(6) Demographic information, as identified by the department, about the claimants.
(7) A copy of the written decision of the regional center director or designee or state-operated facility director or designee.
(b) For each appeal request submitted to the hearing office to conduct a mediation or a fair hearing, the department shall collect information relating to the request from the hearing office. The information provided shall include, but is not limited to, all of the following:
(1) Whether the request was resolved before mediation, through mediation, through a fair hearing, through a reconsideration, or through a different means.
(2) Whether the request was withdrawn and the reason for the withdrawal.
(3) The issue or issues involved in the request by issue type, as specified by the department.
(4) If the request was resolved, the outcome.
(5) A copy of the written mediation agreement, the final administrative hearing decision, and the final reconsideration decision, as applicable.
(6) The average length of time between filing and resolution of the request.
(7) Demographic information, as identified by the department, about claimants.
(c) The information collected pursuant to this section shall be compiled by the department. The department shall post aggregate information on its internet website at least annually and shall notify the Legislature when the information has been posted. The names of recipients and applicants and other personally identifiable information shall not be disclosed.
(d) This section shall become operative on March 1, 2023.
(Repealed (in Sec. 66) and added by Stats. 2022, Ch. 49, Sec. 67. (SB 188) Effective June 30, 2022. Operative March 1, 2023, by its own provisions.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.5 - SERVICES FOR THE DEVELOPMENTALLY DISABLED › CHAPTER 7 - Appeal Procedure › ARTICLE 4 - Services Pending Final Administrative Decision › Section 4715.

4715. (a) Except as provided in this section, if an appeal request is postmarked or received by the department or by another agency designated by the department to receive the appeal request, no later than 30 days after receipt of the notice of the proposed action sent pursuant to subdivision (a) of Section 4710, but no later than the effective date of the action, services that are being provided pursuant to a recipient’s individual program plan shall be continued during the appeals process up to and including the 10th day after receipt of any of the following:
(1) Receipt by the regional center or state-operated facility, following an informal meeting, of the withdrawal of the appeal request pursuant to subdivision (a) of Section 4710.9, or the claimant’s receipt of the informal meeting decision if the claimant has not made a decision to withdraw the appeal request or proceed to hearing within three days of receipt of the informal meeting decision pursuant to subdivision (c) of Section 4710.9.
(2) Receipt by the regional center or state-operated facility, following mediation, of the withdrawal of the appeal request pursuant to subdivision (a) of Section 4711.7 or the date the hearing office takes the appeal off the calendar if the claimant has not decided to withdraw the appeal request or proceed to the fair hearing pursuant to subdivision (b) of Section 4711.7.
(3) Receipt by the recipient of the final administrative hearing decision of the hearing officer or state agency pursuant to subdivision (a), (d), or (e) of Section 4712.5.
(4) Receipt by the recipient of the final decision of the hearing officer following a rehearing pursuant to Section 4713 if a rehearing was requested within 15 days from the date of the final administrative hearing decision pursuant to subdivision (a) of Section 4713.
(b) Services continued pursuant to subdivision (a) may be modified by agreement of the parties in accordance with the decision of the interdisciplinary team and the individual program plan.
(c) Any appeal to a court by either party shall not operate as a stay of enforcement of the final administrative decision, provided that either party may seek a stay of enforcement from any court of competent jurisdiction.
(d) This section shall become operative on March 1, 2023.
(Repealed (in Sec. 68) and added by Stats. 2022, Ch. 49, Sec. 69. (SB 188) Effective June 30, 2022. Operative March 1, 2023, by its own provisions.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.5 - SERVICES FOR THE DEVELOPMENTALLY DISABLED › CHAPTER 7 - Appeal Procedure › ARTICLE 4 - Services Pending Final Administrative Decision › Section 4716.

4716. Nothing in this chapter shall presume the incompetence of any person with a developmental disability to participate in any of the appeals procedures established herein.
(Repealed and added by Stats. 1982, Ch. 506, Sec. 2.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.5 - SERVICES FOR THE DEVELOPMENTALLY DISABLED › CHAPTER 7 - Appeal Procedure › ARTICLE 4 - Services Pending Final Administrative Decision › Section 4717.

4717. The hearing office, in collaboration with the department, shall establish and maintain an advisory committee composed of stakeholders including recipients and family members, the State Council on Developmental Disabilities, the protection and advocacy agency identified in Section 4900 et. seq and designated by the Governor to fulfill the requirements and assurances of the federal Developmental Disabilities Assistance and Bill of Rights Act of 2000, contained in Chapter 144 (commencing with Section 15001) of Title 42 of the United States Code, representatives of regional centers, advocacy organizations, and the Association of Regional Center Agencies. The advisory committee shall meet at least semiannually and assist the hearing office by providing nonbinding recommendations for improvements to fair hearing and mediation operations.
(Added by Stats. 2022, Ch. 49, Sec. 70. (SB 188) Effective June 30, 2022.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.5 - SERVICES FOR THE DEVELOPMENTALLY DISABLED › CHAPTER 7 - Appeal Procedure › ARTICLE 5 - Access to Records › Section 4725.

4725. For the purposes of this article:
(a) “Access” means the right to inspect, review, and obtain an accurate copy of any record obtained in the course of providing services under this division. A regional center or state-operated facility may make a reasonable charge in an amount not to exceed the actual cost of reproducing the record, unless the imposition of the cost would prohibit the exercise of the right to obtain a copy. A charge shall not be made to search for or retrieve any record.
(b) “Record” means any item of information directly relating to a person with developmental disabilities or to one who is believed to have a developmental disability that is maintained by a regional center or state-operated facility, whether recorded by handwriting, print, tapes, film, microfilm, or other means.
(Amended by Stats. 2022, Ch. 49, Sec. 71. (SB 188) Effective June 30, 2022.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.5 - SERVICES FOR THE DEVELOPMENTALLY DISABLED › CHAPTER 7 - Appeal Procedure › ARTICLE 5 - Access to Records › Section 4726.

4726. Notwithstanding Section 5328, access to records shall be provided to an applicant for, or recipient of, services or to their authorized representative, including the person appointed as a developmental services decisionmaker pursuant to Section 319, 361, or 726, for purposes of the appeal process under this chapter.
(Amended by Stats. 2022, Ch. 49, Sec. 72. (SB 188) Effective June 30, 2022.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.5 - SERVICES FOR THE DEVELOPMENTALLY DISABLED › CHAPTER 7 - Appeal Procedure › ARTICLE 5 - Access to Records › Section 4727.

4727. Nothing in this chapter shall be construed to compel a physician, psychologist, social worker, nurse, attorney, or other professional person to reveal information which has been given to him or her in confidence by members of a recipient’s or applicant’s family.
(Added by Stats. 1982, Ch. 506, Sec. 2.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.5 - SERVICES FOR THE DEVELOPMENTALLY DISABLED › CHAPTER 7 - Appeal Procedure › ARTICLE 5 - Access to Records › Section 4728.

4728. Each regional center and the department for its state-operated facilities shall adopt procedures for granting of requests by persons authorized under Section 4726 for access to records during regular business hours, provided that access shall be granted no later than three business days following the date of receipt of the oral or written request for access. Procedures shall include notice of the location of all records and the provision of qualified personnel to interpret records if requested.
(Amended by Stats. 2022, Ch. 49, Sec. 73. (SB 188) Effective June 30, 2022.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.5 - SERVICES FOR THE DEVELOPMENTALLY DISABLED › CHAPTER 7 - Appeal Procedure › ARTICLE 5 - Access to Records › Section 4729.

4729. Whenever access to regional center or state-operated facility records is requested, the regional center or state-operated facility shall provide at least the following information:
(a) The types of records maintained by the service agency.
(b) The position of the official responsible for the maintenance of records.
(c) The right of access to the records, and the policies of the regional center or state-operated facility for obtaining access, including the cost, if any, consistent with subdivision (a) of Section 4725, to be charged for reproducing copies of records.
(Amended by Stats. 2022, Ch. 49, Sec. 74. (SB 188) Effective June 30, 2022.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.5 - SERVICES FOR THE DEVELOPMENTALLY DISABLED › CHAPTER 7 - Appeal Procedure › ARTICLE 5 - Access to Records › Section 4730.

4730. Any person who willfully and knowingly violates the provisions of this article is guilty of a misdemeanor.
(Added by Stats. 1982, Ch. 506, Sec. 2.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.5 - SERVICES FOR THE DEVELOPMENTALLY DISABLED › CHAPTER 7 - Appeal Procedure › ARTICLE 5 - Access to Records › Section 4731.

4731. (a) Each consumer or any representative acting on behalf of any consumer or consumers, who believes that any right to which a consumer is entitled has been abused, punitively withheld, or improperly or unreasonably denied by a regional center, state-operated facility, or service provider, may pursue a complaint as provided in this section.
(b) Initial referral of any complaint taken pursuant to this section shall be to the director of the regional center from which the consumer receives case management services. If the consumer resides in a state-operated facility, the complaint shall be made to the director of the state-operated facility. The director shall, within 20 working days of receiving a complaint, investigate the complaint and send a written proposed resolution to the complainant and, if applicable, to the service provider. The written proposed resolution shall include a telephone number and mailing address for referring the proposed resolution in accordance with subdivision (c).
(c) If the complainant is not satisfied with the proposed resolution, the complainant may refer the complaint, in writing, to the Director of Developmental Services within 15 working days of receipt of the proposed resolution. The director shall, within 45 days of receiving a complaint, issue a written administrative decision and send a copy of the decision to the complainant, the director of the regional center or state-operated facility, and the service provider, if applicable. If there is no referral to the department, the proposed resolution shall become effective on the 20th working day following receipt by the complainant.
(d) The department shall annually compile the number of complaints filed, by each regional center and state-operated facility, the subject matter of each complaint, and a summary of each decision. Copies shall be made available to any person upon request.
(e) This section shall not be used to resolve disputes concerning the nature, scope, or amount of services and supports that should be included in an individual program plan, for which there is an appeals procedure established in this division, or disputes regarding rates or audit appeals for which there is an appeals procedure established in regulations. Those disputes shall be resolved through the appeals procedure established by this division or in regulations.
(f) All consumers or, if appropriate, their authorized representative, shall be notified in writing in their preferred language of the right to file a complaint pursuant to this section when they apply for services from a regional center or a state-operated facility, and at each regularly scheduled planning meeting.
(Amended by Stats. 2022, Ch. 49, Sec. 75. (SB 188) Effective June 30, 2022.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.5 - SERVICES FOR THE DEVELOPMENTALLY DISABLED › CHAPTER 7.5 - Residential Care Facility Appeals Procedures › Section 4740.

4740. The Legislature finds the following:
(a) The quality of care provided to persons with developmental disabilities by residential facilities is contingent upon a closely coordinated “team” effort by the regional center or its designee, the person with developmental disabilities, the parent or representative if appropriate, the residential facility administrator, and the licensing agency. The rights and responsibilities of each must be identified in order to assure clear direction and accountability for each.
(b) The quality of care is impaired when inordinate numbers of staff from placement and licensing agencies give direction to the facility administrator regarding care and service requirements.
(Amended by Stats. 1998, Ch. 1043, Sec. 23. Effective January 1, 1999.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.5 - SERVICES FOR THE DEVELOPMENTALLY DISABLED › CHAPTER 7.5 - Residential Care Facility Appeals Procedures › Section 4741.

4741. An adult person with a developmental disability has the legal right to determine where his or her residence will be. Except in a situation which presents immediate danger to the health and well-being of the individual, the regional center or its designee shall not remove a consumer from a residential care facility against the client’s wishes unless there has been specific court action to abridge such right with respect to an adult or unless the parent, guardian or conservator consents with respect to a child.
(Amended by Stats. 1998, Ch. 1043, Sec. 24. Effective January 1, 1999.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.5 - SERVICES FOR THE DEVELOPMENTALLY DISABLED › CHAPTER 7.5 - Residential Care Facility Appeals Procedures › Section 4742.

4742. The regional center or its designated representative shall (a) guide and counsel facility staff regarding the care and services and supports required by each consumer served by the regional center; and (b) monitor the care and services and supports provided the individual to ensure that care and services and supports are provided in accordance with the individual program plan.
(Amended by Stats. 1998, Ch. 1043, Sec. 25. Effective January 1, 1999.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.5 - SERVICES FOR THE DEVELOPMENTALLY DISABLED › CHAPTER 7.5 - Residential Care Facility Appeals Procedures › Section 4742.1.

4742.1. (a) A statement made by a regional center representative when discharging his or her obligation to monitor the provision of services and supports pursuant to this division shall be a privileged communication, subject to subdivision (b).
(b) A statement shall not be privileged pursuant to subdivision (a) if a party to a judicial action demonstrates that the regional center representative made the disputed statement with knowledge of its falsity or with reckless disregard for the truth.
(Added by Stats. 1998, Ch. 1043, Sec. 26. Effective January 1, 1999.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.5 - SERVICES FOR THE DEVELOPMENTALLY DISABLED › CHAPTER 7.5 - Residential Care Facility Appeals Procedures › Section 4743.

4743. It is the intent of the Legislature that to the greatest extent possible, the staff of the regional center or its designee are assigned so as to minimize the number of persons responsible for programs provided in a given facility.
The regional center or its designee shall designate the staff person responsible for assuring that each individual consumer’s program plan is carried out. One person shall be assigned by the regional center as the principal liaison to a facility and to monitor the provision of care and the services provided by that facility in accordance with the individual program plans. If, due to the number of regional center consumers in the facility, additional staff of a regional center or its designee serve consumers in the facility, one person shall be assigned as having primary responsibility for, and assure consistency and continuity of, directions to the administrator and for the monitoring of care and services.
(Amended by Stats. 1998, Ch. 1043, Sec. 27. Effective January 1, 1999.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.5 - SERVICES FOR THE DEVELOPMENTALLY DISABLED › CHAPTER 7.5 - Residential Care Facility Appeals Procedures › Section 4744.

4744. The regional center or its designee shall provide to the residential facility administrator all information in its possession concerning any history of dangerous propensity of the consumer prior to the placement in that facility. However, no confidential consumer information shall be released pursuant to this section without the consent of the consumer or authorized representative.
(Amended by Stats. 1998, Ch. 1043, Sec. 28. Effective January 1, 1999.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.5 - SERVICES FOR THE DEVELOPMENTALLY DISABLED › CHAPTER 7.5 - Residential Care Facility Appeals Procedures › Section 4745.

4745. During each visit to the facility, the designated staff person shall inform the administrator orally of any substantial inadequacies in the care and services provided, the specific corrective action necessary and the date by which corrective action must be completed. The designated staff person shall confirm this information in writing to the administrator within 48 hours after the oral notice and inform the administrator in writing of the right to appeal the findings.
(Amended by Stats. 1998, Ch. 1043, Sec. 29. Effective January 1, 1999.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.5 - SERVICES FOR THE DEVELOPMENTALLY DISABLED › CHAPTER 7.5 - Residential Care Facility Appeals Procedures › Section 4746.

4746. The severity of the deficiencies and the quality of care provided shall determine how long the regional center or its designee will work with the facility administrator to resolve inadequacies. After a reasonable period of time, if the care continues to be unacceptable, the designated staff person shall submit to his or her supervisor and to the licensing agency and administrator a recommended disposition with supporting documents attached. The placement agency shall develop sufficient documentation of inadequacies and care provided to sustain corrective action.
(Repealed and added by Stats. 1981, Ch. 714, Sec. 470.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.5 - SERVICES FOR THE DEVELOPMENTALLY DISABLED › CHAPTER 7.5 - Residential Care Facility Appeals Procedures › Section 4747.

4747. If a consumer or, when appropriate, the parent, guardian, or conservator or authorized representative, including those appointed pursuant to subdivision (a) of Section 4541, requests a relocation, the regional center shall schedule an individual program plan meeting, as soon as possible to assist in locating and moving to another residence.
(Amended by Stats. 2020, Ch. 367, Sec. 18. (SB 1264) Effective January 1, 2021.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.5 - SERVICES FOR THE DEVELOPMENTALLY DISABLED › CHAPTER 7.5 - Residential Care Facility Appeals Procedures › Section 4748.

4748. Within nine months of the effective date of this section, the State Department of Developmental Services shall develop and implement regulations for use by the regional center or its designee to assure uniformity of the care and services to be provided to persons registered with the regional centers who reside in residential facilities.
(Repealed and added by Stats. 1981, Ch. 714, Sec. 470.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.5 - SERVICES FOR THE DEVELOPMENTALLY DISABLED › CHAPTER 8 - Evaluation › Section 4750.

4750. The Legislature intends that expenditures on state programs for persons with developmental disabilities shall have measurable and desirable results. The results shall reflect the degree to which persons with developmental disabilities are empowered to make choices and are leading more independent, productive, and normal lives.
(Amended by Stats. 1992, Ch. 1011, Sec. 26. Effective January 1, 1993.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.5 - SERVICES FOR THE DEVELOPMENTALLY DISABLED › CHAPTER 8 - Evaluation › Section 4750.5.

4750.5. In order to gather data that is relevant to ensuring the safety and well-being of persons with developmental disabilities, the department shall ensure that the client master file entry for any person with developmental disabilities placed by a regional center will be updated within 30 days after the change of residence.
(Added by Stats. 1996, Ch. 434, Sec. 3. Effective January 1, 1997.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.5 - SERVICES FOR THE DEVELOPMENTALLY DISABLED › CHAPTER 8 - Evaluation › Section 4752.

4752. The department shall prepare by July 1, 1978, a plan for using the method to obtain and report statewide information on program effectiveness.
The plan shall include:
(a) A description of any sampling procedures to be used.
(b) Methods for obtaining and analyzing information about the type and amount of service provided to obtain program results.
(c) Methods for determining the state expenditures associated with varying levels of measured program effectiveness.
(d) Specification of procedures and format for future reports to the Legislature on program costs and effectiveness.
(e) The projected costs of implementation.
(Added by Stats. 1977, Ch. 1252.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.5 - SERVICES FOR THE DEVELOPMENTALLY DISABLED › CHAPTER 8 - Evaluation › Section 4754.

4754. Nothing in this chapter shall be construed to prohibit any agency providing services to persons with developmental disabilities from utilizing additional evaluation mechanisms for the agency’s own program purposes.
(Added by Stats. 1977, Ch. 1252.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.5 - SERVICES FOR THE DEVELOPMENTALLY DISABLED › CHAPTER 9 - Budgetary Process and Financial Provisions › Section 4775.

4775. The Legislature finds that the method of appropriating funds for numerous programs for the developmentally disabled affects the availability and distribution of services and must be related to statewide planning. Therefore, the process for determining levels of funding of programs must involve consideration of the state plan established pursuant to Chapter 3 (commencing with Section 4561) of this division and the participation of citizens who may be directly affected by funding decisions.
(Amended by Stats. 2014, Ch. 409, Sec. 57. (AB 1595) Effective January 1, 2015.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.5 - SERVICES FOR THE DEVELOPMENTALLY DISABLED › CHAPTER 9 - Budgetary Process and Financial Provisions › Section 4776.

4776. On or before August 1 of each year, each regional center shall submit to the department and the state council a program budget plan for the subsequent budget year. The budget plan shall include all of the following:
(a) An estimate of all developmentally disabled persons to be served by the regional center.
(b) An estimate of services to be provided by the regional center.
(c) An estimate of cost, by type of service.
(d) Estimated sources and amounts of all revenue, including funds which are not administered by regional centers.
(e) A detailed report of the resources required to implement Section 4509.
(Amended by Stats. 1979, Ch. 1140.)