SB471 - Office of the Developmental Services Ombudsperson.

Senate Bill No. 471 CHAPTER 223 An act to add Chapter 1.4 (commencing with Section 4506) to Division 4.5 of, and to repeal Section 4685.9 of, the Welfare and Institutions Code, relating to developmental services, and declaring the urgency thereof, to take effect immediately. [ Approved by Governor October 01, 2025. Filed with Secretary of State October 01, 2025. ] LEGISLATIVE COUNSEL'S DIGEST SB 471, Menjivar. Office of the Developmental Services Ombudsperson. Existing law, the Lanterman Developmental Disabilities Services Act, requires the State Department of Developmental Services to contract with regional centers to provide services and supports to individuals with developmental disabilities and their families. Existing law requires the department to establish an Office of the Self-Determination Program Ombudsperson to be headed by an individual to be known as the Self-Determination Program Ombudsperson, who is appointed by the Director of Developmental Services. Existing law requires the office to be an independent and autonomous entity within the department and prescribes specified duties and rights of the office, including recommending to the department strategies for change and improvement of the program. This bill would repeal the above-described provisions establishing the Office of the Self-Determination Program Ombudsperson and instead establish the Office of the Developmental Services Ombudsperson as an independent and autonomous entity within the department for the purpose of monitoring the implementation of specified services for individuals served by a regional center, as defined. The bill would set forth the duties of the Office of the Developmental Services Ombudsperson, including, among other things, disseminating information and providing training and technical assistance, and receiving and possibly investigating complaints made by or on behalf of individuals served by a regional center. The bill would establish the position of the Developmental Services Ombudsperson to head the office and specify appointment procedures and the duties of that position. Existing law provides that, except as otherwise provided by statute, all relevant evidence is admissible. The California Constitution provides for the Right to Truth-In-Evidence, which requires a 2 / 3 vote of the Legislature to exclude any relevant evidence from any criminal proceeding, as specified. This bill would prohibit the ombudsperson or their staff from being compelled to testify or be deposed, or to disclose specified records, in a judicial or administrative proceeding. Because this prohibition would affect the admissibility of relevant evidence in criminal proceedings, the bill would require a ⅔ vote of the Legislature. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. This bill would declare that it is to take effect immediately as an urgency statute. Digest Key Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program: NO Bill Text The people of the State of California do enact as follows: SECTION 1. Chapter 1.4 (commencing with Section 4506) is added to Division 4.5 of the Welfare and Institutions Code, to read: CHAPTER 1.4. Office of the Developmental Services Ombudsperson 4506. The Legislature finds and declares that the people of California have benefited from the establishment of a long-term care ombudsperson pursuant to Section 9710, a foster care ombudsperson pursuant to Section 16161 and a Self-Determination Program Ombudsperson pursuant to Section 4685.9. The Legislature further finds it is essential to maintain the nonpartisan nature, integrity, and impartiality of ombudsperson functions and services. It is the intent of the Legislature to provide similar protections for individuals served by a regional center by establishing an Office of the Developmental Services Ombudsperson within the State Department of Developmental Services. 4506.1. (a) The Office of the Developmental Services Ombudsperson shall be established as an independent and autonomous entity within the department for the purpose of monitoring the implementation of this division, including, but not limited to, both of the following: (1) The Self-Determination Program, as established in Section 4685.8. (2) The California Early Intervention Services Act (Title 14 (commencing with Section 95000) of the Government Code) as it pertains to infants and toddlers applying to or eligible for early intervention services under Section 95014 of the Government Code. (3) The Lanterman Developmental Disabilities Services Act pursuant to Division 4.1 (commencing with Section 4400), Division 4.5 (commencing with Section 4500), and Division 4.7 (commencing with Section 4900), and the California Early Intervention Services Act pursuant to Title 14 (commencing with Section 95000) of the Government Code. (b) The office shall be responsible for receiving and resolving complaints, conducting investigations, suggesting systematic changes, and resolving various issues that may include, but are not limited to, inquiries, questions, or requests for information, assistance, or facilitation in navigating service access. (c) The Office of the Developmental Services Ombudsperson shall be headed by an individual, to be known as the Developmental Services Ombudsperson. (d) For purposes of this chapter, “individuals served by a regional center” includes all of the following: (1) Individuals who receive services through a regional center under this division, including individuals who are in the intake process, are pending assessment, or have reached out to regional centers for information about eligibility. (2) Individuals who are participating in the early start program under Title 14 (commencing with Section 95000) of the Government Code, including individuals who are in the intake process, pending assessment, or have reached out to regional centers for information about eligibility. (3) Individuals who are determined to be eligible for regional center services under this division, but are not receiving services from a regional center. (e) Pursuant to subdivision (a) of Section 9717, the Office of the Developmental Services Ombudsperson shall enter into a memorandum of understanding with the Office of the State Long-Term Care Ombudsman within the California Department of Aging to coordinate the provision of ombudsperson services for regional center clients residing in long-term care facilities. 4506.2. (a) The Director of Developmental Services, in consultation with, and after receiving a list of possible nominees from, a committee of at least five interested individuals that are described in this subdivision, and after obtaining the committee’s input, shall appoint an ombudsperson who is qualified by training and experience to perform the duties of the office for a term of four years. The director shall select the committee members, the majority of whom shall be representatives of advocacy organizations and consumers or family members. If, after 90 days, the committee does not provide input, the director may make the appointment. The 90 days begins after the director seeks input from the committee. The director may reappoint the ombudsperson for consecutive terms. (b) The ombudsperson shall, in the performance of their duties during the duration of their appointment, be independent, and the exercise of their discretion related to the duties and powers set forth in this chapter shall not be controlled, supervised, or directed, directly or indirectly, by the director or any other official. The ombudsperson shall devote their entire time to the duties and powers set forth in this chapter and may not be removed from office for exercising their independence and discretion in furtherance of those duties and powers. (c) If the term of an ombudsperson expires without the appointment of a successor under this chapter, the incumbent ombudsperson may continue in office until a successor is appointed. If the ombudsperson dies, resigns, becomes ineligible to serve, or is removed or suspended from office, the director shall designate an acting ombudsperson until the ombudsperson is appointed. The director shall appoint a new ombudsperson pursuant to this section within a reasonable period from the date the office became vacant. The acting ombudsperson shall not remain in office longer than a reasonable period before a new ombudsperson is appointed pursuant to this section. If, after six months, the position remains vacant, the director shall provide an update at the next legislative briefing pursuant to Section 4474.17. 4506.3. The Developmental Services Ombudsperson, in consultation with the department, shall hire the necessary personnel to perform the functions of the office. While all employees within the office shall maintain expertise in the programs described in Section 4506.1, the office shall maintain, at minimum, one person with significant expertise in the Self-Determination Program, as established in Section 4685.8. The ombudsperson shall endeavor to hire individuals with lived experience with the developmental services system, including, but not limited to, individuals with developmental disabilities. 4506.4. (a) The Office of the Developmental Services Ombudsperson shall do all of the following: (1) (A) Disseminate information and provide training and technical assistance to individuals served by a regional center, family members, regional center staff, tribes, advocacy groups, service provider organizations, and other interested parties on the rights of persons with developmental disabilities and services provided by the office. The information shall include methods of contacting the office and notification that conversations with the office may be disclosed to other persons, as necessary, to adequately investigate and resolve a complaint. The information and training shall include information about the rights of persons with developmental disabilities under this division, including the rights specified in Chapter 1.3 (commencing with Section 4502) and the Self-Determination Program under Section 4685.8. (B) Commencing on January 1, 2028, at the end of every two-year legislative session, review amendments to the laws applicable to individuals served by a regional center and recommend to the department any updates to materials published by the department. The department, if workload capacity allows using existing resources, shall update those documents to the best of its ability after receiving recommendations from the ombudsperson. (2) Receive complaints made by or on behalf of individuals served by a regional center related to their care, placement, or services. (3) Decide, in its discretion, whether to investigate a complaint, or refer complaints to another agency for investigation. After rendering a decision to investigate a complaint, attempt to resolve the complaint without using a judicial or administrative proceeding, including attempting to facilitate solutions to disagreements about eligibility and services. (4) Upon rendering a decision to investigate a complaint from a complainant, notify the complainant of the intention to investigate. If the office declines to investigate a complaint or continue an investigation, the office shall notify the complainant of the reason for the action of the office. (5) Update the complainant on the progress of the investigation and the attempts to resolve the complaint, and notify the complainant of the final outcome. (6) (A) Compile and make available data to the Legislature in their quarterly legislative updates. This data shall include, but is not limited to, the number of contacts to the office, the number of contacts specific to the Self-Determination Program, the number of complaints made and the modality of the submission of those complaints, the number of investigations performed by the office, the trends and issues that arose in the course of resolving complaints, the number of referrals made, and the number of unresolved contacts. The office shall include recommendations consistent with this data for improving the developmental services system. (B) It is the intent of the Legislature that representatives of the organizations described in subparagraph (B) consider this data in the development of any recommendations offered toward improving the developmental services system. (C) The deidentified compiled data shall be posted so that it is available to the public on the existing internet website of the office. (D) Nothing shall preclude the office from issuing data, findings, or reports other than the annual compilation of data described in this paragraph. (7) Have access to copies of any record of a state agency, local agency, or regional center, and contractors or vendors with the state agency, local agencies, and regional centers that is necessary to carry out their responsibilities, and may meet or communicate with an individual served by a regional center in their placement or elsewhere. (b) The office may present the data compiled under subparagraph (A) of paragraph (6) of subdivision (a) on an annual basis at appropriate conferences, forums, and other events, as determined by the ombudsperson, that may include presentations to, but are not limited to, representatives of the Legislature, the Association of Regional Center Agencies, the State Council on Developmental Disabilities, tribes, developmental services organizations, advocacy groups, consumer and service provider organizations, and other interested parties. (c) (1) Information obtained by the office from a complaint, regardless of whether it is investigated by the office, referred to another entity for investigation, or determined not to be the proper subject of an investigation, shall remain confidential under relevant state and federal confidentiality laws. Disclosure of information that is not confidential under state and federal confidentiality laws shall occur only as necessary to carry out the mission of the office, including as necessary to provide explanation and support for the office’s recommendations for improving the developmental services system to the Legislature and state and local agencies that provide services and supports to an individual served by a regional center. (2) The ombudsperson shall maintain confidentiality with respect to the identities of the complainants or witnesses coming before them, except insofar as disclosure may be necessary to enable the ombudsperson to carry out the duties of the office set forth in paragraphs (2) to (5), inclusive, of subdivision (a). The ombudsperson may not disclose a record that is confidential under relevant sta [Text truncated for display. Full text available on Congress.gov.]