Cal. Welf. and Inst. Code § 4705 : CALIFORNIA WELFARE AND INSTITUTIONS CODE — SERVICES FOR THE DEVELOPMENTALLY DISABLED — APPEAL PROCEDURE — GENERAL PROVISIONS — Fair hearing procedure for resolving conflicts required of service agency
(a)(1)Every regional center or state-operated facility shall, as a condition of continued receipt of state funds, have an appeals procedure for resolving conflicts between the regional center or state-operated facility and recipients of, or applicants for, service. The State Department of Developmental Services shall promulgate regulations to implement this chapter, which shall be binding on every regional center and state-operated facility.
(2)Any public or private agency receiving state funds for the purpose of serving persons with developmental disabilities not otherwise subject to the provisions of this chapter shall, as a condition of continued receipt of state funds, adopt and periodically review a written internal grievance procedure.
(b)An agency that employs an appeals procedure mandated by any other statute shall be considered to have an approved procedure for purposes of this chapter.
(c)(1)The regional center's and the state-operated facility's mediation and fair hearing procedure shall be stated in writing, in English and any other language that may be appropriate to the needs of the consumers of the regional center or the state-operated facility. A copy of the procedure and a copy of the provisions of this chapter shall be prominently displayed on the premises of the regional center and the state-operated facility.
(2)All recipients and applicants, and persons having legal responsibility for recipients or applicants, shall be informed verbally of, and shall be notified in writing in a language that they comprehend of, the regional center's or the state-operated facility's mediation and fair hearing procedure when they apply for service, when they are denied service, when notice of service modification is given pursuant to Section 4710, and upon request.
(d)If, in the opinion of any person, the rights or interests of a claimant who has not personally authorized a representative will not be properly protected or advocated, the State Council on Developmental Disabilities and the clients' right advocate assigned to the regional center or state-operated facility shall be notified, and the State Council on Developmental Disabilities may appoint a person or agency as representative, pursuant to subdivision (a) of Section 4541, to assist the claimant in the mediation and fair hearing procedure. The appointment shall be in writing to the authorized representative and a copy of the appointment shall be immediately provided to the regional center director or the state-operated facility director.
(e)This section shall remain in effect only until March 1, 2023, and as of that date is repealed.
Ca. Welf. and Inst. Code § 4705
Amended by Stats 2022 ch 49 (SB 188),s 31, eff. 6/30/2022.
Amended by Stats 2020 ch 367 (SB 1264),s 17, eff. 1/1/2021.
Amended by Stats 2014 ch 409 (AB 1595),s 56, eff. 1/1/2015.
Amended by Stats 2007 ch 512 (AB 1402),s 3, eff. 1/1/2008.
Amended by Stats 2006 ch 399 (SB 1283),s 7, eff. 1/1/2007.
Amended by Stats 2000 ch 416 (AB 2919), s 3, eff. 1/1/2001.