SB 1052

SB1052:v98#DOCUMENT

Bill Start

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

Senate Bill

No. 1052

An act to amend Section 4541 of the Welfare and Institutions Code, relating to developmental services.

LEGISLATIVE COUNSEL'S DIGEST

SB 1052, as amended, Gonzalez. State Council on Developmental Disabilities: appointing authorized representatives.

Existing law, the Lanterman Developmental Disabilities Services Act, establishes the State Council on Developmental Disabilities to, among other things, develop, review, and revise the California Developmental Disabilities State Plan, and monitor and evaluate the implementation of the plan. Existing law authorizes the state council to implement the state plan by conducting specified activities, including, among other things, appointing an authorized representative for persons with developmental disabilities. Existing law authorizes the appointment of an authorized representative to assist the person in expressing the person’s desires and in making decisions and advocating for the person’s needs, preferences, and choices, when the person with developmental disabilities has no parent, guardian, or conservator legally authorized to represent them, and the person has either requested the appointment of a representative or the rights or interests of the person, as determined by the state council, will not be properly protected or advocated for without the appointment of a representative. Existing law prescribes the order of preference for selection of the representative to be the person’s parent, involved family members, or a volunteer selected by the state council, if the person does not express a preference, and requires the request of the parents or involved family members to be appointed to be honored unless the person expresses otherwise or good cause otherwise exists.

This bill would limit the appointment of an authorized representative to up to one year, with annual renewals, and would authorize the state council to conduct an investigation to determine whether the interests of the person will not be properly protected or advocated for without the appointment of a representative. The bill would also authorize the state council to make contingent appointments of authorized representatives, as specified, and would authorize the state council to remove an authorized representative or contingent authorized representative at any time for good cause or if the authorized representative is unwilling or unable to continue serving.

Existing law prescribes the order of preference for selection of the representative to be the person’s parent, involved family members, or a volunteer selected by the state council, if the person does not express a preference, and requires the request of the parents or involved family members to be appointed to be honored unless the person expresses otherwise or good cause otherwise exists.

The bill would define provide that “good cause” for these purposes to of the previously-described provisions exist when the proposed authorized representative has made, or is likely to make, decisions that are inconsistent with the expressed wishes of the person with developmental disabilities or inconsistent with protecting the person’s rights or interests.

Digest Key

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO

Bill Text

The people of the State of California do enact as follows:

SECTION 1.

Section 4541 of the Welfare and Institutions Code is amended to read:

4541.

The state council may, in its discretion, and in addition to the activities specified in subdivision (e) of Section 4540, implement the state plan by conducting activities that may include, but are not limited to, the following:

(a) Appointing an authorized representative for persons with developmental disabilities according to all of the following:

(1) (A) To ensure the protection of civil and service rights of persons with developmental disabilities, the state council may appoint a representative for up to one year to assist the person in expressing their desires and in making decisions desires, making decisions, and advocating for the person’s needs, preferences, and choices, when the person with developmental disabilities has no parent, guardian, or conservator legally authorized to represent them, and the person has either requested the appointment of a representative or the rights or interests of the person, as determined by the state council, will not be properly protected or advocated for without the appointment of a representative. To make this determination, the state council may conduct an investigation, including interviewing individuals and reviewing records, and shall obtain all necessary consent for the release of information consistent with Section 4514, prior to accessing any protected records or information. The state council may make contingent appointments of authorized representatives pursuant to this section.

(B) The state council may annually renew the appointment of an authorized representative.(C) The state council may make contingent appointments of authorized representatives pursuant to this section. A contingent authorized representative is a person identified in advance who may provide assistance consistent with this section to the person if a parent, guardian, or conservator legally authorized to represent them, or the current authorized representative, becomes unavailable to provide that assistance. The contingent authorized representative shall serve only during the period in which the parent, guardian, or conservator legally authorized to represent them, or the current authorized representative, is unavailable to provide that assistance, and only for the duration of the appointment made by the state council pursuant to this section.(D) The state council shall inform the person with developmental disabilities when an authorized representative or contingent authorized representative has been appointed pursuant to this section and provide information about the role of the authorized representative.(E) The state council may remove an authorized representative or contingent authorized representative at any time for good cause or if the authorized representative is unwilling or unable to continue serving.

(2) When there is no guardian or conservator, the individual’s person’s choice, if expressed, including the right to reject the assistance of a representative, shall be honored. If the person does not express a preference, the order of preference for selection of the representative shall be the person’s parent, involved family members, or a volunteer selected by the state council. In establishing these preferences, it is the intent of the Legislature that parents or involved family members shall not be required to be appointed guardian or conservator in order to be selected. Unless the person with developmental disabilities expresses otherwise, or good cause otherwise exists, the request of the parents or involved family members to be appointed the representative shall be honored. For purposes of this paragraph, section, “good cause” exists when the proposed authorized representative has made, or is likely to make, decisions that are inconsistent with the expressed wishes of the person with developmental disabilities or inconsistent with protecting the person’s rights or interests. interests, including, but not limited to, circumstances in which the proposed authorized representative has an actual or perceived conflict of interest that could reasonably interfere with the representative’s ability to advocate solely in the interests of the person with developmental disabilities.

(3) Pursuant to this section, the state council shall appoint a representative to advocate for the rights and protect the interest of a person residing in a developmental center for whom community placement is proposed pursuant to Section 4803. The representative may obtain the advocacy assistance of the regional center clients’ rights advocate.

(b) Conducting public hearings and forums and the evaluation and issuance of public reports on the programs identified in the state plan, as may be necessary to carry out the duties of the state council.

(c) Identifying the denial of rights of persons with disabilities and informing the appropriate local, state, or federal officials of their findings, and assisting these officials in eliminating all forms of discrimination against persons with developmental disabilities in housing, recreation, education, health and mental health care, employment, and other service programs available to the general population.

(d) Reviewing and commenting on pertinent portions of the proposed plans and budgets of all state agencies serving persons with developmental disabilities, including, but not limited to, the State Department of Education, the Department of Rehabilitation, and the State Department of Developmental Services, and local agencies to the extent resources allow.

(e) (1) Promoting systems change and implementation by reviewing the policies and practices of publicly funded agencies that serve or may serve persons with developmental disabilities to determine if the programs are meeting their obligations, under local, state, and federal laws. If the state council finds that the agency is not meeting its obligations, the state council may inform the director and the governing board of the noncomplying agency, in writing, of its findings.

(2) Within 15 days, the agency shall respond, in writing, to the state council’s findings. Following receipt of the agency’s response, if the state council continues to find that the agency is not meeting its obligations, the state council may pursue informal efforts to resolve the issue.

(3) If, within 30 days of implementing informal efforts to resolve the issue, the state council continues to find that the agency is not meeting its obligations under local, state, or federal statutes, the state council may conduct a public hearing to receive testimony on its findings.

(4) The state council may take any action it deems necessary to resolve the problem.

(f) Reviewing and publicly commenting on significant regulations proposed to be promulgated by any state agency in the implementation of this division.

(g) Monitoring and evaluating the effectiveness of appeals procedures established in this division.

(h) Providing testimony to legislative committees reviewing fiscal or policy matters pertaining to persons with developmental disabilities.

(i) Conducting, or causing to be conducted, investigations or public hearings to resolve disagreements between state agencies, or between state and regional or local agencies, or between persons with developmental disabilities and agencies receiving state funds. These investigations or public hearings shall be conducted at the discretion of the state council only after all other appropriate administrative procedures for appeal, as established in state and federal law, have been fully utilized.

(j) Any other activities prescribed in statute that are consistent with the purposes of the federal Developmental Disabilities Assistance and Bill of Rights Act of 2000 (Public Law 106-402 (42 U.S.C. Sec. 15001 et seq.)) and the state plan developed pursuant to subdivision (b) of Section 4540.